THE FOREST (CONSERVATION) ACT, 1980

Sections

1. Short title, extent and commencement.
2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. 2A. Appeal to National Green Tribunal.
3. Constitution of Advisory Committee.

3A. Penalty for contravention of the provisions of the Act. 3B. Offences by authorities and Government departments.

4. Power to make rules.
5. Repeal and saving.

Act No. 69 of 1980

[27th December, 1980.]

An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.

BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:—

1. Short title, extent and commencement.—(1) This Act may be called the Forest (Conservation) Act, 1980.

2. It extends to the whole of India ¹***.
3. It shall be deemed to have come into force on the 25th day of October, 1980.

2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.— Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing—
   1. 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;
   2. that any forest land or any portion thereof may be used for any non-forest purpose.

²[(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 organization 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 reafforestation.]

³[Explanation.—For the purposes of this section “non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for—

1. the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
2. any purpose other than reafforestation,

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.]

⁴[2A. Appeal to National Green Tribunal.—Any person aggrieved, by an order or decision of the State Government or other authority made under section 2, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]

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—
   1. the grant of approval under section 2; and
   2. any other matter connected with the conservation of forests which may be referred to it by the Central Government.

5[3A. Penalty for contravention of the provisions of the Act.—Whoever contravenes or abets the contravention or any of the provisions of section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days.

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).

2. Ins. by Act 69 of 1988, s. 2 (w.e.f. 15-3-1989).

3. Subs. by s. 2, ibid., for the Explanation (w.e.f. 15-3-1989).
4. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 5. Ins. by Act 69 of 1988, s. 3. (w.e.f. 15-3-1989).