Forest (Conservation) Act, 1980

S.1 Short title, extent and commencement.

(1) This Act may be called the ¹[Van (Sanrakshan Evam Samvardhan) Adhiniyam], 1980.

(2) It extends to the whole of India ²***.

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

S.1A Act to cover certain land.

¹[1A. Act to cover certain land.--(1) The following land shall be covered under the provisions of this Act, namely:--

(a) the land that has been declared or notified as a forest in accordance with the provisions of the Indian Forest Act, 1927 (16 of 1927) or under any other law for the time being in force;

(b) the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th October, 1980:

Provided that the provisions of this clause shall not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th December, 1996 in pursuance of an order, issued by a

S.2 Restriction on the dereservation of forests or use of forest land for non-forest purpose.

¹[(1)] 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--

(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.
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

S.2A Appeal to National Green Tribunal.

¹[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.]

S.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 forests which may be referred to it by the Central Government.

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

¹[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.]

S.3B Offences by authorities and Government departments.

¹[3B. 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:

Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in clause (b), liable to any punis

S.3C Power of Central Government to issue directions.

¹[3C. Power of Central Government to issue directions.--The Central Government may, from time to time, issue such directions, to any authority under the Central Government, State Government or Union territory Administration, or to any organisation, entity or body recognised by the Central Government, State Government or Union territory Administration, as may be necessary for the implementation of this Act.]

S.4 Power to make rules.

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

S.5 Repeal and saving.

(1) The Forest (Conservation) Ordinance, 1980 (17 of 1980) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.