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The Forest (Conservation) Act, 1980

Year of Passage: 1980 | Type: Bare Act

Section 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.

Section 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 StateGovernment or other authority shall make, except with the prior approval of the Central Government, anyorder directing-- (i) that any reserved forest (within the meaning of the expression reserved forest in any law forthe 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. 1[(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise toany 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 grownnaturally in that land or portion, for the purpose of using it for reafforestation.] 2[Explanation--For the purposes of this section non-forest purpose means the breaking up orclearing of any forest land or portion thereof for (a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops ormedicinal plants; (b) any purpose other than reafforestation, but does not include any work relating or ancillary to conservation, development and management offorests and wild life, namely, the establishment of check-posts, fire lines, wireless communications andconstruction of fencing, bridges and culverts, dams waterholes, trench marks, boundary marks, pipelinesor other like purposes.]

Section 2A Appeal to National Green Tribunal.

1[2A. Appeal to National Green Tribunal.Any person aggrieved, by an order or decision of theState Government or other authority made under section 2, on or after the commencement of the NationalGreen Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]

Section 3 Constitution of Advisory Committee.

The Central Government may constitute a Committeeconsisting 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 forests which may be referred to it by theCentral Government.

Section 3A Penalty for contravention of the provisions of the Act.

1[Whoever contravenes or abets thecontravention or any of the provisions of section 2, shall be punishable with simple imprisonment for aperiod which may extend to fifteen days.]
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