An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. It extends to the whole of India except the State of Jammu and Kashmir. It shall be deemed to have come into force on the 25th October, 1980.
Under Section 2: Restriction on the Dereservation of forests or use of forest land for non- forest purpose:
Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing:
(i) That any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
ADVERTISEMENTS:
(ii) That any forest land or any portion thereof may be used for any non-forest purpose;
(iii) That any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by Government;
(iv) That any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for re-afforestation.
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ADVERTISEMENTS:
Explanation:
For the purpose of this section, “non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for:
(a) The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
(b) Any purpose other than re-afforestation; but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
Under Section 3: Constitution of Advisory Committee:
ADVERTISEMENTS:
The Central Government may constitute a Committee consisting of such number of persons as he may deem fit to advice that Government with regard to:
(i) The grant of approval, under Section 2; and
(ii) Any other matter connected with the conservation of forests which may be referred by the Central Government.
Under Section 3A: Penalty for contravention of the provisions of the Act:
Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days.
Under Section 3B: Offences by the Authorities and Government Departments:
(1) Where any offence under this Act has been committed:
(a) By any department of Government, the head of the department; or
(b) By any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority; shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Under Section 4: Power to Make Rules:
1. The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act.
Under Section 5: Repeal and Saving:
1. The Forest (Conservation) Ordinance, 1980 is hereby replaced.
2. Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
Some amendments are made in forest Act in 1992:
i. Cultivation of tea, coffee, rubber are included under non-forestry activity.
ii. Exploration and survey of National park and wildlife sanctuaries are totally prohibited.