Forest Conservation Act 1980, Objectives, Features, Amendments

Forest Conservation Act of 1980 is an act by the Parliament of India which ensures the conservation of forest & their resources. Know all about its Objectives, Features & Amendments in this article.

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Context: Centre told the NGT that the State did not seek forest clearance for non-forestry activities allowed in a wildlife sanctuary

Forest Conservation Act 1980

The Forest Conservation Act 1980 is an important legislation enacted by the Government of India to regulate the diversion of forestland for non-forestry purposes. The Act was passed in response to the growing concern over the rapid depletion of India’s forests, which had serious environmental and ecological consequences.

It was enacted to consolidate the law related to forest, the transit of forest produce and the duty leviable on timber and other forest produce.
The Act deals with the four categories of forests, namely reserved forests, village forests, protected forests, and private forests.
Section 2 of the act lists four criteria where permission of the Central Government is required for any action of the State regarding:
- Declaring that any reserved forest ceases to be reserved.
- Use of forestland for non-forest purposes.
- Leasing forest to any private person.
- Declaring that any forest land may be cleared of trees that have grown naturally in that land, to use for reforestation.

Fact

Degree of protection – Reserved forests > Protected forests > Village forests

Read about: Biodiversity Act of 2002

Forest Conservation Act 1980 Objectives

The Forest Conservation Act 1980 seeks to balance the competing interests of development and environmental conservation. Its key objectives include:

To conserve forests and ensure their sustainable management.
To regulate the diversion of forestland for non-forestry purposes, such as mining, industrial projects, or infrastructure development.
To ensure that any diversion of forestland is done only for a specific purpose and with the prior approval of the central government.
To compensate for any loss of forest cover that may occur due to such diversion by undertaking afforestation and reforestation activities.

Read about: National Parks in India

Forest Conservation Act 1980 Salient Features

Salient features of the Forest Conservation Act 1980 aim to regulate the diversion of forestland for non-forestry purposes, ensure the sustainable use of forest resources, and promote afforestation and reforestation activities. These include:

Feature	Description
Central government approval	The Act mandates that the diversion of forestland for non-forestry purposes can only be approved by the central government. This requirement ensures that decisions related to forest diversion are made at the national level, with a focus on balancing economic development and environmental conservation.
Compensation for loss of forest cover	The Act requires the payment of compensation for the loss of forest cover due to the diversion of forestland. The amount of compensation is based on the net present value of the diverted forestland, and the funds collected are utilized for afforestation and reforestation activities.
Consultation with state governments and tribal communities	The Act mandates that state governments and tribal communities be consulted before approving the diversion of forestland. The consultation process ensures that the views of local stakeholders are taken into account, and their concerns are addressed.
Mandatory undertaking for compensatory afforestation	The Act requires that an equal area of non-forest land be afforested or reforested as a compensatory measure for the loss of forestland due to diversion. The undertaking for compensatory afforestation is mandatory and non-compliance can result in penalties.
Deemed forests	The Act recognizes the concept of “deemed forests,” which refers to areas that are not officially classified as forests but are ecologically sensitive and have forest-like characteristics. Such areas are also subject to the Act’s provisions and require the central government’s approval for any diversion.
Penalties for violation	The Act provides for penalties, including imprisonment of up to 15 months and a fine of up to Rs. 10,000, or both, for violation of its provisions. The penalties act as a deterrent and promote compliance with the Act’s provisions.

Read about: Wildlife Sanctuaries of India

Forest Conservation Act 1980 Amendments

The Forest Conservation Act 1980 has been amended several times over the years to address various issues and make it more effective in conserving forests and regulating the diversion of forestland for non-forestry purposes. Some of the notable amendments are:

Amendment	Key Features
Amendment in 1988	This amendment introduced the concept of “deemed forest” and brought all forestland under the purview of the Act, regardless of its legal classification.
Amendment in 1991	This amendment made the central government’s approval mandatory for the diversion of forestland for non-forestry purposes, even if it is less than one hectare.
Amendment in 2003	This amendment made it mandatory for the user agency to provide an undertaking to carry out compensatory afforestation before the diversion of forestland.
Amendment in 2015	This amendment introduced the provision for granting forest clearance through a transparent online process, which is now known as the Forest Clearance Portal.
Amendment in 2017	This amendment allows state governments to carry out compensatory afforestation activities on non-forest land with the approval of the central government.

Read about: Wildlife Protection Act 1972

Forest Conservation Act 1980 Limitations

While the Forest Conservation Act 1980 is an important piece of legislation that has helped to protect India’s forests and regulate the diversion of forestland for non-forestry purposes, it has certain limitations that have prevented it from achieving its full potential. Some of the limitations are:

Limited Implementation: Despite the Act’s provisions, forest diversion for non-forestry purposes continues to take place, sometimes illegally. The implementation of the Act has been weak in some areas, leading to the degradation and loss of forest cover.
Inadequate Compensation: The Act provides for the payment of compensation for the loss of forest cover due to the diversion of forestland, but the amount is often inadequate, and the funds are not always utilized for afforestation and reforestation activities.
Limited Tribal and Community Participation: The Act requires consultation with the affected tribal communities before approving the diversion of forestland, but in practice, their participation is often limited, and their concerns are not adequately addressed.
Lack of Transparency: The decision-making process for forest diversion under the Act lacks transparency, making it difficult for stakeholders to understand the basis for the approvals.
Limited Scope: The Act focuses primarily on the conservation of forests and the regulation of forestland diversion but does not address issues such as forest management, biodiversity conservation, and sustainable use of forest resources.
Exemptions: The Act provides exemptions for certain categories of projects, such as those related to national defence and security, which may lead to the diversion of forestland without adequate scrutiny.

These limitations have weakened the effectiveness of the Forest Conservation Act of 1980 and underscore the need for better implementation and stronger provisions to protect India’s forests and promote sustainable forest management.

Read about: Tiger Reserves in India

Forest Conservation Act 1980 UPSC

The Forest (Conservation) Act, 1980 is an important topic for the UPSC (Union Public Service Commission) exam, especially for the Environment and Ecology section. The Act is a crucial piece of legislation that aims to protect India’s forests and regulate the diversion of forestland for non-forestry purposes.

Aspirants should have a good understanding of the salient features of the Act, including the central government’s approval for forestland diversion, the requirement for compensation for the loss of forest cover, and the consultation process with state governments and tribal communities.

Aspirants should also be aware of the limitations of the Act, such as inadequate compensation, limited tribal and community participation, and weak implementation, and the need for better implementation and stronger provisions to protect India’s forests and promote sustainable forest management.

Read about: Mangrove Forests in India

FAQs

What is the purpose of the Forest (Conservation) Act, 1980?

The purpose of the Act is to regulate the diversion of forestland for non-forestry purposes and to conserve India's forests.

Who can approve the diversion of forestland under the Act?

The central government can approve the diversion of forestland under the Act.

What is compensatory afforestation under the Act?

Compensatory afforestation is the practice of planting trees on an equal area of non-forest land as compensation for the loss of forestland due to diversion.