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Notes of FOREST CONSERVATION ACT 1980

The Forest Conservation Act of 1980 was enacted by the Indian government to address rapid deforestation and protect the country's forests. It aimed to maintain ecological balance, prevent deforestation, and restrict non-forest use of forest land, while also empowering the central government to oversee forest conservation efforts. The Act builds on previous legislation and incorporates constitutional mandates for environmental protection and citizen responsibilities regarding forest conservation.

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197 views2 pages

Notes of FOREST CONSERVATION ACT 1980

The Forest Conservation Act of 1980 was enacted by the Indian government to address rapid deforestation and protect the country's forests. It aimed to maintain ecological balance, prevent deforestation, and restrict non-forest use of forest land, while also empowering the central government to oversee forest conservation efforts. The Act builds on previous legislation and incorporates constitutional mandates for environmental protection and citizen responsibilities regarding forest conservation.

Uploaded by

Deepanshi Yadav
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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FOREST CONSERVATION ACT 1980

Forests are one of the precious resources that nature provides. The whole ecosystem is dependent on the
forests as they are an important part of natural habitat. So, it should be our prime duty to preserve them and
not harm the cycle of our nature. But the forests of our nature are being cut at an alarming rate. People have
become so greedy that they have started clearing the entire forests. Therefore, to stop this rapid deforestation
the Central government enacted the Forest Conservation Act, 1980 on 25th October 1980.

History

The first legal draft on this issue was the Indian Forest Act, 1865. Later, it was replaced by the Indian Forest
Act, 1927 during the colonial period. Whenever any law gets passed, it carries the hope that it will address
the social issue for which it was passed. When the Indian Forest Act, 1927 was passed, it carried the same
hope but it was solely confined to British interests.

The main focus of the Act of 1927 was on timber. The Act of 1927 was divided into the 13 chapters and
consisted of the 86 Sections. It gave power to the State to control the rights of tribal people to use forests.
Under this Act, the government was also empowered to create reserved forests. It aimed to regulate the
forest produce and to levy taxes on timber and other forest produce, which later became the source of
revenue for the government. It never aimed to protect the forests of the country and just wanted to regulate
the cutting of timber and other raw materials used in the industries.

After independence, the need to conserve the forests became more strong and therefore, the President of
India enforced the Forest (Conservation) Ordinance, 1980. The ordinance was later repealed by virtue
of Section 5 of the Forest (Conservation) Act, 1980 which came into force on October 25, 1980. It was
passed to protect the forests of the country and the matters related to it. It also covers the issues which were
not addressed by the previous Act. Under the 1980 Act, the restriction was made on the use of the forests for
non-forest purposes.

Constitutional mandate for forest conservation

When the Constitution of India was adopted in 1950, the framers were not aware that in future the issues
related to forest conservation may arise. This was realised later as the Constitution (Forty-Second
Amendment) Act, 1976 was made and Article 48A was added to the part of Directive Principles of State
Policy and Article 51A as a fundamental duty of every citizen of India.
As per Article 48A, the state shall make laws to protect and improve the environment to safeguard the
forests of our country.

According to Article 51A(g), it is the duty of every citizen of India to protect and improve the natural
environment including the forests of our country.

Objective

The trees in the forest don’t only provide us with oxygen for breathing they do a lot more than that. They
also provide us with some useful products like wood and food. Forests are an important part of our nature,
they maintain the entire ecosystem and water cycle of the earth.

The object of the Act is to maintain ecology and to preserve the forest of our country. It is also the object of
this Act to regenerate the forests by planting trees and increase the forest growth in our country.

1. To protect the forest, its flora, fauna and other diverse ecological components.To protect the
integrity, territory and individuality of the forests.
2. To protect the forests and prevent deforestation that will lead to land erosion and subsequent
degradation of the land.
3. To prevent the loss of forest biodiversity.
4. To prevent the conversion of forests into agricultural lands, or grazing lands, or building of
business or residential units.

Features

This Act has the following features:

1. This Act has made the restrictions on the State government and other authorities to make
decisions in some matters without the prior permission of the central government.
2. Under this Act, the whole power is in the hand of the Central government to carry out the laws of
this Act.
3. This Act also provides penalties for the infringement of the provisions of this Act.
4. Under this Act, an advisory committee may be formed for advising the Central government in
matters related to forest conservation.

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