The Forest Conservation Act (1980)

<–2/”>a >In order to check rapid deforestation due to forestlands being released by state governments for agriculture, Industry and other development projects (allowed under the Indian Forest Act) the federal government enacted the Forest conservation Act in 1980 with an amendment in 1988. The Act made the prior approval of the federal government necessary for de-reservation of reserved forests, logging and for use of forestland for non- forest purposes.

The Forest Conservation Act 1980 was enacted to help conserve the country’s forests. It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes without the prior approval of Central Government. To this end the Act lays down the pre-requisites for the diversion of forest land for non-forest purposes.

This powerful legislation has, to a large extent, curtailed the indiscriminate logging and release of forestland for non-Forestry purposes by state governments. While the federal government imposed such strict restrictions, it did not simultaneously evolve a mechanism to compensate state governments for loss of timber logging revenues. This anomaly coupled with increasing pressure for land due to a burgeoning Population has generated considerable resentment within state governments resulting in growing pressure to dilute the restrictive provisions of the Act. The Supreme Court of India has currently imposed a complete ban on the release of forestland for non-forestry activities without the prior approval of the federal government.

It states that no project should be undertaken in the vicinity of :-

Natonal Parks,Wildlife Sanctuaries and Core areas of the Biosphere-reserves/”>Biosphere reserves.
Scenic landscapes,areas of geomorphological significance,unique and represantative biomes and eco-systems,heritage sites/structures and areas of cultural heritage and importance.
Fragile eco-systems such as Mountains,areas rich in coral formations as well as marine,coastal,desert,wetland,riverine and island eco-systems.
Areas rich in biological diversity,genepool and other natural Resources.

The Forest Conservation Act (1980) is an act of the Parliament of India enacted to regulate the cutting of trees and to ensure the conservation of forests in India. The Act prohibits the felling of trees in any forest without the permission of the State Government. The Act also provides for the establishment of a Forest Conservation Council to advise the Central Government on matters relating to the conservation of forests.

The Act has been amended several times since it was enacted in 1980. The most recent amendment was made in 2019. The amendment has made some changes to the provisions of the Act, including the definition of “forest”, the procedure for obtaining permission to fell trees, and the penalties for contravention of the Act.

The Forest Conservation Act is an important piece of legislation that has helped to protect forests in India. The Act has been successful in reducing the rate of deforestation in India. However, there are still challenges to the effective implementation of the Act. These challenges include Corruption, lack of awareness about the Act, and inadequate enforcement of the Act.

The following are the sub topics of the Forest Conservation Act (1980):

Definitions
Prohibition on felling of trees
Establishment of Forest Conservation Council
Power to grant permission for felling of trees
Power to make rules
Penalties
Offences by companies
Cognizance of offences
Procedure for prosecution
Appeals
Repeal and saving
Power to remove difficulties

Definitions

The Forest Conservation Act defines a forest as “any area of land which is covered with trees, bamboos, shrubs, or any other vegetation having a crown cover of not less than 10% and is not a tree plantation, an orchard, or a bamboo plantation.” The Act also defines a tree as “any plant with a woody stem of a height of not less than 10 feet and a girth of not less than 3 feet at a breast height of 4 feet from the ground.”

Prohibition on felling of trees

The Forest Conservation Act prohibits the felling of trees in any forest without the permission of the State Government. The Act also prohibits the conversion of any forest land for non-forest purposes without the permission of the Central Government.

Establishment of Forest Conservation Council

The Forest Conservation Act provides for the establishment of a Forest Conservation Council to advise the Central Government on matters relating to the conservation of forests. The Council consists of a Chairman, who is appointed by the Central Government, and not more than 15 members, who are appointed by the Central Government from amongst persons who have special knowledge or experience in matters relating to forests.

Power to grant permission for felling of trees

The Forest Conservation Act empowers the State Government to grant permission for the felling of trees in any forest. The State Government may grant permission for the felling of trees only if it is satisfied that the felling of trees is necessary for a public purpose or for the development of the forest.

Power to make rules

The Forest Conservation Act empowers the Central Government to make rules for carrying out the provisions of the Act. The rules made under the Act may provide for all matters that are required to be or may be prescribed under the Act.

Penalties

The Forest Conservation Act provides for penalties for contravention of the provisions of the Act. The penalties for contravention of the Act include imprisonment for a term which may extend to three years, or with fine which may extend to one lakh rupees, or with both.

Offences by companies

The Forest Conservation Act provides that where an offence under the Act has been committed by a company, every person who is in charge of, or responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be punished accordingly.

Cognizance of offences

The Forest Conservation Act provides that no court shall take cognizance of any offence under the Act except on a complaint made by the Central Government or the State Government.

Procedure for prosecution

The Forest Conservation Act provides that any prosecution for an offence under the Act shall be instituted by the Central Government or the State Government in a court of competent jurisdiction.

Appeals

The Forest Conservation Act provides that any person aggrieved by an order made by the Central Government or the State Government under the Act may appeal to the National Green Tribunal.

Repeal and saving

The Forest Conservation Act repeals the Forest (Conservation) Act, 1952. However, the Act saves anything done or any action taken under the Forest (Conservation) Act, 1952, which is not inconsistent with the provisions of the Forest Conservation Act,

What is deforestation?

Deforestation is the permanent removal of trees to make room for something besides forest. This can include clearing the land for agriculture or grazing, or using the timber for fuel, construction or manufacturing.

What are the causes of deforestation?

There are many causes of deforestation, including:

Agriculture: Forests are often cleared to make way for crops or Livestock.
Logging: Trees are cut down for their timber, which is used to make products such as paper, furniture and construction materials.
Mining: Mining operations can damage forests by clearing trees and polluting the Soil and water.
Urbanization: As cities expand, they encroach on forests.
Infrastructure-2/”>INFRASTRUCTURE-development/”>Infrastructure Development: Roads, Dams and other infrastructure projects can also lead to deforestation.

What are the effects of deforestation?

Deforestation has a number of negative effects, including:

Loss of Biodiversity-2/”>Biodiversity: Forests are home to a wide variety of Plants and animals. When forests are cleared, these species lose their habitat and may become extinct.
Climate change: Trees absorb carbon dioxide from the Atmosphere, which helps to regulate the Earth’s temperature. When forests are cleared, this carbon dioxide is released back into the atmosphere, contributing to Climate Change.
Soil erosion: Trees help to hold soil in place. When forests are cleared, the soil can be washed away by rain or blown away by wind, leading to erosion.
Water Pollution: Deforestation can also lead to water pollution. When trees are cut down, the soil is exposed to rain and wind, which can carry away soil and sediment into rivers and streams. This can make the water unsafe for drinking, bathing or fishing.
Flooding: Deforestation can also lead to flooding. Trees help to absorb rainwater and prevent flooding. When forests are cleared, the rainwater runs off the land more quickly, causing flooding in rivers and streams.

What can be done to prevent deforestation?

There are a number of things that can be done to prevent deforestation, including:

Sustainable forest management: This involves managing forests in a way that meets the needs of people today without compromising the ability of forests to meet the needs of future generations.
Reforestation: This involves planting new trees to replace those that have been cut down.
Reducing demand for forest products: This can be done by choosing products that are made from recycled or sustainably harvested materials.
Raising awareness: It is important to raise awareness about the problem of deforestation and the importance of forests.

What is the future of forests?

The future of forests depends on the actions that we take today. If we do not take steps to prevent deforestation, forests will continue to disappear at an alarming rate. This will have a devastating impact on the Environment and on the people who depend on forests for their livelihoods. We must act now to protect our forests for future generations.

Which of the following is not a type of forest?
(A) Tropical rainforest
(B) Temperate rainforest
(C) Boreal forest
(D) Desert forest
Which of the following is the largest type of forest in the world?
(A) Tropical rainforest
(B) Temperate rainforest
(C) Boreal forest
(D) Desert forest
Which of the following is the most endangered type of forest in the world?
(A) Tropical rainforest
(B) Temperate rainforest
(C) Boreal forest
(D) Desert forest
What is the main cause of deforestation?
(A) Agriculture
(B) Mining
(C) Logging
(D) Urbanization
What are the main consequences of deforestation?
(A) Loss of biodiversity
(B) Climate change
(C) Soil erosion
(D) All of the above
What is the main goal of the Forest Conservation Act (1980)?
(A) To protect forests from deforestation
(B) To promote sustainable forest management
(C) To provide for the equitable sharing of forest benefits
(D) All of the above
What are some of the key provisions of the Forest Conservation Act (1980)?
(A) The requirement for a prior forest clearance permit for any non-forestry activity
(B) The establishment of a National Forest Policy
(C) The creation of a National Forest Commission
(D) All of the above
What has been the impact of the Forest Conservation Act (1980)?
(A) It has been successful in reducing deforestation
(B) It has been successful in promoting sustainable forest management
(C) It has been successful in providing for the equitable sharing of forest benefits
(D) It has been successful in all of the above.
What are some of the challenges to the implementation of the Forest Conservation Act (1980)?
(A) Lack of political will
(B) Lack of financial resources
(C) Lack of technical capacity
(D) All of the above
What are some of the opportunities for improving the implementation of the Forest Conservation Act (1980)?
(A) Increased political will
(B) Increased financial resources
(C) Increased technical capacity
(D) All of the above