conservation of plants

Forest Conservation Act 1980

 

 

An Act to accommodate the protection of forests and for matters associated therewith or ancillary or accidental thereto. Be it established by Parliament in the Thirty-first Year of the Republic of India as takes after:- 1. Short title, extent and commencement.(1) This Act might be known as the Forest (Conservation) Act, 1980. (2) It reaches out to the entire of India with the exception of the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 25th day of October, 1980.

Section 1. SHORT TITLE, EXTENT AND COMMENCEMENT.

ACT NO. 69 OF 1980 [27th December, 1980.]

(1) This Act may be called the Forest (Conservation) Act, 1980.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 25th day of October, 1980.

Section 2. RESTRICTION ON THE PRESERVATION OF FORESTS OR USE OF FOREST LAND FOR NON-FOREST PURPOSE.

Despite anything contained in whatever other law for the present in power in a State, no State Government or other power should make, aside from with the former endorsement 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.

(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 organisation 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 reforestation.

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 reforestation, but does not include any work relating or ancillary to conservation, development and management of forests and wild life, 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.

Section 3. CONSTITUTION OF ADVISORY COMMITTEE.

The Central Government may constitute a Committee consisting of such number of persons as it may deem fit to advise that Government with regard to –

(i) The grant of approval under Section 2; and

(ii) Any other matter connected with the conservation of forest which may be referred to it by the Central Government.
Section 3-A. 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.

Section 3-B. OFFENCES BY 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:

Given that nothing contained in this sub-segment should render the leader of the office or any individual alluded to in provision (b), subject to any discipline on the off chance that he demonstrates that the offense was submitted without his insight or that he practiced all due industriousness to keep the commission of such offense.

(2) Notwithstanding anything contained in sub-segment (1), where an offense culpable under the Act has been submitted by a division of Government or any power alluded to in condition (b) of sub-area (1) and it is demonstrated that the offense has been conferred with the assent or conspiracy of, or is inferable from any disregard with respect to, any officer, other than the leader of the office, or on account of any power, any individual other than the persons alluded to in statement (b) of sub-segment (1), such officer or persons might likewise be regarded to be liable of that offense and should be at risk to be continued against and rebuffed in like manner.

Segment 4. Energy TO MAKE RULES.

(1) The Central Government might, be notice in the Official Gazette, make precludes for conveying the procurements of this Act.

(2) Every principle made under this Act might be laid, when might be, after it is made, before every House of Parliament, while it is in session, for an aggregate time of thirty days which might be contained in one session or in two or more progressive sessions and if, before the expiry of the session quickly taking after the session or the progressive sessions aforementioned, both Houses concur in making any change in the tenet or both Houses concur that the standard ought not be made, the guideline should from there on have impact just in such adjusted frame or be of no impact, as the case might be, in this way, in any case, that any such alteration or cancellation should be without bias to the legitimacy of anything already done under that run the show.

Segment 5. Nullify AND SAVING.

(1) The Forest (Conservation) Ordinance, 1980 is thus revoked.

(2) Notwithstanding such cancelation, anything done or any move made under the procurements of the said Ordinance should be regarded to have been done or taken under the comparing procurements of this Act.

Related Link :
Indian Forest Act, 1927
Forest (Conservation) Amendment Rules
Source : kaanoon.com/indian-law/forest-conservation-act

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