Forest conservation Act, 1980
Features of FCA, 1980
- The Forest (Conservation) Act, 1980, came into force to provide for the conservation of forests in India.
- The Act prohibits state and other authorities, except with the prior approval of the Central Government, to give any order directing:
- de-reservation of forest.
- use of forest land for non-forest purpose.
- assigning any forest land or its portion by way of lease to any private person or organization.
- Clearing of trees which have grown naturally in forested land
- Any diversion of land for non-forest purpose requires approval under the Act as well as payment of stipulated compensatory levies such as Net Present Value (NPV), Compensatory Afforestation (CA), etc.
- Power to make rules: The Act empowers Central Government to make rules for carrying out the provisions of this Act.
- Definition of Non-forest purpose: It means the breaking up or clearing of any forest land for the cultivation of tea, coffee, spices, medicinal plants, etc. and for any purpose other than reforestation.
- Non-forest purposes don’t include work relating or ancillary to conservation, development and management of forests and wildlife like establishment of check-posts, fire lines, wireless communications and construction of fencing, etc.
- Constitution of Advisory Committee: The Central Government may constitute a Committee consisting of to advise that Government for the grant of approval and any other matter connected with the conservation of forests.
- Penalties: Contravention of any of the provisions of the Act is punishable imprisonment of upto fifteen days.
- Offences by the Authorities and Government Departments are punishable as well.
- Appeal: Any person aggrieved may file an appeal to the National Green Tribunal.
- Infringement on right of states: The amendments propose changes in recording of land revenue. However, land revenue is categorically a State subject in Schedule VII of the Constitution.
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