The Forest (Conservation) Act, 1980
The Forest (Conservation) Act, 1980 was enacted by Parliament as Act No. 69 of 1980, dated 27 December 1980, and is deemed to have come into force on 25 October 1980. It requires prior approval from the Central Government before a State Government or other authority can dereserve a reserved forest or permit forest land to be used for a non-forest purpose, and it repeals the Forest (Conservation) Ordinance, 1980 while preserving actions already taken under that Ordinance.
What the law governs
The Forest (Conservation) Act, 1980, enacted by Parliament as Act No. 69 of 1980 and dated 27 December 1980, provides for forest conservation and connected matters. It is deemed to have come into force on 25 October 1980 and extends to the whole of India except the State of Jammu and Kashmir, as stated in the text.
The law limits the power of State Governments and other authorities to remove forest protections or allow forest land to be put to another use. These restrictions apply despite anything contained in any other law in force in a State.
Prior Central Government approval
The Forest (Conservation) Act, 1980 requires prior approval from the Central Government before a State Government or other authority may issue an order:
- Directing that a reserved forest, or any part of it, will cease to be reserved.
- Allowing forest land, or any part of it, to be used for a non-forest purpose.
A reserved forest has the meaning given to that expression under the law in force in the relevant State.
Meaning of non-forest purpose
The Forest (Conservation) Act, 1980 defines a non-forest purpose as breaking up or clearing forest land, or any portion of it, for a purpose other than reafforestation. A buyer, owner or professional dealing with land identified as forest land should therefore not assume that State-level permission alone allows clearing or another non-forest use.
Advisory Committee and rules
The Central Government may create an Advisory Committee with as many members as it considers appropriate. The Committee may advise the Central Government about:
- Granting approval for dereservation or non-forest use.
- Other forest conservation matters referred to it by the Central Government.
The Central Government may also make rules by notification in the Official Gazette. Every rule must be placed before each House of Parliament for a total period of thirty days. Parliament may modify or annul a rule without affecting the validity of actions previously taken under it.
Repeal and continuity
The Forest (Conservation) Act, 1980 repeals the Forest (Conservation) Ordinance, 1980. Anything done or any action taken under that Ordinance is treated as having been done under the corresponding provisions of the Act.
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Common questions
Can the Tamil Nadu Government allow forest land to be cleared for a non-forest use on its own?
No. A State Government or other authority must obtain prior approval from the Central Government before allowing forest land to be used for a non-forest purpose.
What counts as a non-forest purpose under the Forest (Conservation) Act, 1980?
It means breaking up or clearing forest land, or part of it, for any purpose other than reafforestation.
Can a reserved forest lose its reserved status without Central Government approval?
No. Prior approval from the Central Government is required before a State Government or other authority can direct that a reserved forest, or any portion of it, will cease to be reserved.
What happened to actions taken under the Forest (Conservation) Ordinance, 1980?
The Ordinance was repealed, but actions already taken under it are treated as having been taken under the corresponding provisions of the Forest (Conservation) Act, 1980.
