Forest conservation Act, 1980

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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