Forest Conservation Act, 1980 – A Summary

Written by Dr. Yashpal Singh | 0

Published on 29/05/2012

The Forest Conservation Act, 1980 is a Central Act of Parliament with a view to provide
for the conservation of forest and for matters connected therewith or ancillary or
incidental thereto. The act extends to the whole of India except the state of Jammu
and Kashmir. Section 2 of the act makes a provision of a prior approval of the
Central Government necessary before a State Government or any other
authority issues direction for dereservation of reserved forests (which have been
reserved under the Indian Forest Act 1927), use of forest land for non – forest
purpose, assigning forest land 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 the government and clear felling of naturally
grown trees. The term “forest land” mentioned in Section 2 of the Act refers to
reserved forest, protected forest or any area recorded as forest in the government
records. Lands which are notified under section4 of the Indian

Forest Act would also come within the purview of the Forest Conservation Act 1980.
The Supreme Court has also held that “forest” as understood in the dictionary sense
would also be included under “forest land”. The term “forest” shall not be applicable to
the plantation raised on private land except notified private forest. Tree falling in such
plantation would however be governed by state acts and rules. The term “tree” will
have the same meaning as defined in section 2 of the Indian Forest Act 1927.

Appeals against orders made under section 2 of the forest conservation act on
or after the commencement of the National Green Tribunal Act 2010 lie with the
National Green Tribunal. The procedures along with formats for obtaining
clearances under the act have been prescribed under the Forest Conservation
Rules 2003 and 2004 which also has constituted a forest advisory committee and
regional empowered committee. The regional empowered committee shall
decide the proposal involving diversion of forest land upto 40 ha. Proposals
involving forest land of more than 40 ha. and all proposals relating to mining
and encroachments irrespective of the area of forest land involved, shall be
forwarded by the concerned State Government / Union Territory along its
recommendations to the MoEF Government of India. Non – compliance of
provisions of section 2 of the act shall be punishable with simple imprisonment for a
period which may extend upto 15 days

India’s new forest policy

NEW DELHI: After 30 years, India is set to get a new National Forest Policy which
addresses the new realities – climate change, human-animal conflict and
declining green cover.

The ministry of environment, forest and climate change has framed a new draft
National Forest Policy 2018 which proposes climate change mitigation through
sustainable forest management. The new policy, which aims to bring a minimum
one-third of India’s total geographical area under forest cover through scientific
interventions and enforcing strict rules to protect the dense cover, will replace
the existing one that has been guiding the government to manage forests since 1988.
Unlike the previous policies, which stressed on environmental stability and
maintenance of ecological balance, the 2018 policy focusses on the international
challenge of climate change

While the ministry has done away with the environment cess that was proposed in the
scrapped 2016 draft policy, it has retained several controversial clauses in its 2018
draft.

The environmentalists had seen red in involving private concerns for afforestation
and reforestation activities pointing out that this would mean privatisation of
India’s natural resources and creating “private forests”.

The 2018 draft policy retains this clause saying, “public-private participation
models will be developed for undertaking afforestation and reforestation
activities in degraded forest areas and forest areas available with Forest
Development Corporations and outside forests.”

Ajay Kumar Saxena, forestry expert at Centre for Science and Environment, said: “The
draft policy raises more questions than it answers as to how these objectives will be
achieved considering the competitive demands for forestlands. It is worth noting that
most of the objectives mentioned in 1988 policy have not been met so far. The draft
policy orients itself more on the conservation and preservation of forest wealth
rather than regenerating them through people’s participation.”

The policy also addresses the issue of human-animal conflict. It proposes short
term and long term measures to reduce this. The draft says, “Quick response,
dedicated teams of well equipped and trained personnel, mobility, strong interface with
health and veterinary services, rescue centres, objective and speedy assessment of
damage and quick payment of relief to the victims would be at the core of the short-
term action. Monitoring and management of population of wildlife would be
adopted on a longterm basis within and outside forests for maintaining the
balance.”
The policy does not discuss in detail the contentious issue of diversion of forest
land for mining and other purposes.

Safeguard forest land by exercising strict restraint on diversion for non-forestry

purposes, and strict oversight on compliance of the conditions,” is the only reference
to diversion.

Saxena said, “Although the draft policy mentions the importance of forests in Northeast
India, it fails to address the forest diversion issues for projects in the region.”
 The policy still does not address the issue of forest rights of forest dwelling tribal
communities. “Forest dependent communities have been fighting tooth and nail to get
their forest rights recognized and the attitude of forest departments in supporting the
law has been discouraging so far,” said Saxena.

Compensatory Afforestation Fund Act, 2016

First Published: November 13, 2016 | Last Updated:January 8, 2018

In August this year, the Compensatory Afforestation Fund Act, 2016 has come
into force. This act provides for setting up Compensatory Afforestation Fund
Management and Planning Authority (CAMPA) at both central and state
level to ensure expeditious and transparent utilization of amounts realised in
lieu of forest land diverted for non-forest purpose. The utilization of funds is
expected to mitigate the impact of diversion of such forest land. We have
already covered this topic in our documents, here is a more details analysis of the
same.
Contents [hide]
 Background
 Understanding CAMPA funds
 Adhoc-CAMPA
 Salient features of the Act
 Pros
 Challenges and criticism
 Way forward
 Conclusion
Background

Due to the continuous diversion of forests at the rate of about 20,000-25,000

hectares per year (according to the Ministry of Environment and Forests), a large
sum of money is being accumulated by the government. At present, more than Rs
40,000 crore has been realized and it is increasing at the rate of about Rs 6,000
crore every year. So, to manage this money, and to utilize it for the designated
purposes the CAMPA is proposed to be set up. The compensatory afforestation
money and NPV (Net Present Value) collected from the user agency by the state
government has to be deposited with the central government. The money will be
eventually released to the state for compensatory afforestation or related works.
Understanding CAMPA funds

Levies are imposed on development projects that seek land inside a Reserved
Forest or a Protected Area (PA) in a sanctuary or a national park. These collected
levies are accrued in the CAMPA Funds which are to be utilised to plant trees
elsewhere in order to ostensibly compensate the loss of forest due to development
projects. Adhoc CAMPA was created on the order of the Supreme Court in
October 2002. The Ad-hoc CAMPA decides the procedure of per-verification of
credits of levies in the State-wise accounts.

The Forest (Conservation) Act of 1980 governs diversion or use of forest land for
non-forest purposes such as industrial or developmental projects. Since forests
are an important natural resource and provides us with a variety of ecological
services, the Forest (Conservation) Act of 1980 mandates that non-forest land,
equal to the size of the forest being diverted be afforested. But, since afforested
land cannot become a forest overnight, loss of goods and services like timber,
bamboo, fuelwood, carbon sequestration, soil conservation, water recharge, and
seed dispersal are still experienced. Moreover, the newly afforested land will take
around 50 years to start delivering the comparable goods and services which the
diverted land gave just before diversion. To compensate the losses suffered in the
interim, the Net Present Value (NPV) of the diverted forest are computed for a
period of 50 years, and recovered from the “user agency” that is diverting the
forests. The NPV for every patch of forest is computed by an expert committee.
At present, the NPV value varies depending upon the quality of forests. It ranges
from Rs 4.38 lakh per hectare for low quality forests to Rs 10.43 lakh per hectare
for very dense forests. An expert committee has recently recommended
increasing it to Rs 5.65 lakh and Rs 55.55 lakh for poor quality and very dense
forests respectively.

The afforestation work which needs to be done by the user agencies (more often
private agencies) has to be done by the state government instead of that user
agency. But the entire expenditure incurred on the process including the purchase
of land has to be borne by the user agency. Subsequently, the state government
needs to transfer this new forest to the forest department for maintenance and
management.

Thus, any user agency which wishes to divert forest land for non-forest purposes
has to deposit money for NPV as well as for the compensatory afforestation by
the state government. Apart from them a few other charges are also need to be
paid by the agency.
For what purposes the CAMPA funds can be used?

As per the act, the CAMPA funds can be used for the following purposes:

 Artificial regeneration (plantation)

  Assisted natural regeneration
 Forest management
 Forest protection
 Infrastructure development
 Wildlife protection and management Commented [m1]:

 Supply of wood
 Other forest produces saving devices.
Adhoc-CAMPA

A temporary structure of CAMPA is already functioning on the orders of the

Supreme Court. In 2002, the Supreme Court of India observed that collected
funds for afforestation were under-utilized by the states and it directed that an “ad
hoc CAMPA” consisting of three officials and one representative of the Central
Empowered Committee be set up till the final one is created. Initially, the ad-hoc
body was not allowed to disburse money to the states. In 2009, because of
continuing delay in instituting the final CAMPA, the Supreme Court allowed the
ad hoc body to release Rs 1,000 crore per year to states for the next 5 years. In
2014, the Supreme Court also allowed the States to set up State CAMPAs that
receive 10% of funds form National CAMPA to use for afforestation and forest
conservation. However, in 2013, a CAG report identified that the funds continued
to be underutilized.
Salient features of the Act

 It seeks to establish the National Compensatory Afforestation Fund under

the Public Account of India, and a State Compensatory Afforestation
Fund under the Public Account of each state.
 The payments into the funds include compensatory afforestation, NPV, and
any project specific payments. The National Fund will get 10% of
funds collected and the remaining 90% will go to respective State
Fund.
 The collected funds will be utilised for afforestation, regeneration of forest
ecosystem, wild life protection and infrastructure development.
 The act also seeks to establish National and State Compensatory
Afforestation Fund Management and Planning Authorities to manage the
funds.
 The determination of NPV will be delegated to an expert committee
constituted by the central government.
  NPV quantifies the services provided by the forest. It includes goods and
services (tourism and timber); regulating services (climate change); and
none-material benefits (recreation).
 It seeks to provide safety, security and transparency in utilization of
CAMPA funds which are currently kept in Nationalized Banks and
managed by an ad-hoc body. These funds would be brought under the
focus of Parliament and State Legislatures by transferring them to non-
lapsable interest bearing funds.
Pros

 The act will ensure the utilization of approximately Rs 40,000 crore rupees
available with the Ad-hoc CAMPA for afforestation, regeneration of
forest, infrastructure development and protection of wild life.
 The impact generated by the diversion of forests will get reduced.
 The youth belonging to the backward tribal areas would get employment
opportunities.
 It will result in increase of green cover and creation of productive assets.
Challenges and criticism

The main difficulty in implementation is the availability of non-forest land for

afforestation. As per the law, the chosen land needs to be preferably contiguous
to the forest being diverted so that it will become easier for forest officials to
manage it. But in case of non-availability of land near to the forest being diverted,
land in any other part of the state can be used for the purpose. In case suitable
non-forest land cannot be found, then the degraded forests can be chosen for
afforestation, but in such cases, twice the area of diverted forest has to be brought
under afforestation. Although the law provides flexibility in choosing the forest
lands, still difficulty is faced especially in smaller states and heavily forested
states like Chhattisgarh to find non-forest lands for afforestation.

Secondly, although the fund was envisaged to be used for compensatory

afforestation, the Compensatory Afforestation Fund Act has expanded its scope
of use to include general afforestation programme run through the Green India
Mission, forest protection, forest management, forest and wildlife related
infrastructure development, wildlife conservation, and relocation of people from
protected wildlife areas. Critics argue that the diversion of funds for other
activities would take away the focus from the prime objective of compensating
for the forest cover lost to developmental or industrial development.
Thirdly, the act ignores the provisions of Forest Rights Act, 2006. The act will
establish central and state authorities to spend CAMPA funds with little
democratization or accountability. Role of gram sabha is important as per the
Forest Rights Act. The act is framed in such a way that it will have adverse
consequences for the hard-won rights of tribals and forest dwellers. For instance,
as per the act the forest bureaucracy can unilaterally decide how the CAMPA
funds will be spent. As a token gesture, only one tribal expert/tribal representative
will be present in the CAMPA authority. As per a 2013 CAG report, the forest
regulatory and executive structure neither possess the capacity nor the knowledge
base to effectively administer the CAMPA.

Fourthly, the provisions of the act are against the principles of democratic
devolution as laid down in the 73rd and 74th constitutional amendments.

Fifthly, the act ignores the recommendations of the Kanchan Chopra Committee
and the Indian Institute of Forest Management Committee on NPV and also the
recommendations to share the compensation with the forest dwelling
communities. Kanchan Chopra committee calls for the revision of NPV every
five years.

Sixthly, the act will lead to ecologically counter-productive outcomes. It promotes

cutting of natural vegetation and has not provided any checks to monitor the
malpractices of the bureaucracy. In some cases, it has been observed that the
forest officials are choosing those lands already covered with dense natural
vegetation for compensatory afforestation. This has been acknowledged by the
environment ministry itself. It has been found that over 1000 hectares of land for
compensatory afforestation has been already covered with dense forests.

Lastly, critics consider the Compensatory Afforestation money as “blood money”

as it is tied to the diversion of original forests. Environmental concerns are
sacrificed for developmental projects.
Way forward

 The act should ensure that there exists no conflict at the grassroots level.
CAMPA should be implemented in such a way that it paves way for
empowerment and participation of rural citizens.
 India can emulate China which has handed over 100 million hectares of
forests to communities and households. Also, the Chinese government
has invested over $50 action to encourage forest dwelling communities to
conserve forests.
  It should be amended in synchronization with the provisions of the Forest
Rights Act, 2006.
 National Highway Authority of India (NHAI) has suggested that the
CAMPA funds could be used for mitigation of wildlife deaths on roads
by creating underpasses and by-passes for animals.
 Infrastructure development is the most controversial purpose for which the
CAMPA funds are used. In many cases, under the name of infrastructure
development, the funds have been misused for administrative and non-
budgeted tasks. Instead, CAMPA funds can be used for securing the
existing natural tracks, make forests contiguous, safeguarding habitat and
providing fair compensation to the local stakeholders.
 Wildlife impact assessment has to be conducted over the kind of
infrastructure the CAMPA money has created.
Conclusion

It should be taken care that the CAMPA funds should not be wasted by the
bureaucrats with little accountability. With little democratization the act will
have adverse consequences for the hard won rights of tribal and forest
dwelling communities.

NGT-2010

What is National Green Tribunal?

First Published: September 10, 2010 | Last Updated:January 18, 2018

National Green Tribunal is a statutory body established by a Government

Notification using the powers of Section 3 of the NGT Act 2010. It has replaced
National Environment Appellate Authority.
Contents [hide]
 Objective
 Chairperson and Members of NGT
 Qualification for Chairperson
 Qualification for Judicial member
 Qualification for Expert members
 Other Notes
 Jurisdiction
Objective

The objective of establishing a National Green Tribunal was as follows:

  To provide effective and expeditious disposal of cases relating to
environmental protection and conservation of forests and other natural
resources including enforcement of any legal right relating to
environment.
 Giving relief and compensation for damages to persons and property
 Other Related Matters.
Chairperson and Members of NGT

 It has a full time chairperson and following members:

 At least 10 and maximum 20 Full time Judicial members
 At least 10 and maximum 20 Full time Expert Members
Qualification for Chairperson

 The person should have been either a Judge of India’s Supreme Court
or Chief Justice of a High Court in India.
Qualification for Judicial member

 A Judge of Supreme Court of India, Chief Justice of High Court, Judge of

a High Court
Qualification for Expert members

 Either a degree in Master of Science (in physical sciences or life sciences)

with a Doctorate degree or Master of Engineering or Master of
Technology
 Or an experience of fifteen years in the relevant field and administrative
experience of fifteen years in Central or a State Government or in a
reputed National or State level institution.
 Post retirement jobs
 Once retired, the chairman or judicial members can not take up any job
related to matters of this tribunal for at least 2 years.
Other Notes

 Appointment of members is done by Central Government.

 Chairperson of NGT is appointed by the Central Government in
consultation with the Chief Justice of India.
 Judicial Members and Expert Members of the Tribunal are appointed on
the recommendations of such Selection Committee.
  Chairperson, Judicial Member and Expert Member hold office for 5 years.
 Maximum age of the chairman 70 years if he has been a Supreme Court
Judge and 67 years, if he has been a high court judge.
 Chairperson can be removed from his office via an order made by the
Central Government after an inquiry made by a Judge of the Supreme
Court in which such Chairperson or Judicial Member has been informed
of the charges against him and given a reasonable opportunity of being
heard in respect of those charges.
Jurisdiction

The National Green Tribunal has jurisdiction over all civil cases where a
substantial question relating to environment (including enforcement of any
legal right relating to environment), is involved and such question arises out
of the implementation of the enactments specified in Schedule I of the National
Green Tribunal Act 2010. The acts listed in Schedule 1 are:

 The Water (Prevention and Control of Pollution) Act, 1974;

 The Water (Prevention and Control o[Pollution) Cess Act, 1977;
 The Forest (Conservation) Act,
 The Air (Prevention and Control of Pollution) Act, 1981;
 The Environment (Protection) Act, 1986;
 The Public Liability Insurance Act, 1991;
 The Biological Diversity Act, 2002.

It would deal with all environmental laws on air and water pollution, the
Environment Protection Act, the Forest Conservation Act and the Biodiversity
Act.

Highlights of Biological Diversity Act, 2002 of India!

Biological diversity is a national asset of a country; hence the conservation of

biodiversity assumes greater significance.

ADVERTISEMENTS:

The first attempt to bring the biodiversity into the legal framework was made by
way of the biodiversity bill 2000 which was passed by the Lok Sabha on 2nd
December 2002 and by Rajya Sabha on December 2002.
Objectives of the act:

1. To conserve the Biological Diversity.

2. Sustainable use of the components of biodiversity.

3. Fair and equitable sharing of benefits arising out of the use of the B.D.

ADVERTISEMENTS:

A national biodiversity authority has been established by the Biodiversity Act,

2002 to regulate act implementing rules 2004 has been operationalised since
coming in to force.

Act:

Regulating access well as pushing the officially sponsored, documentation of

biological resources and traditional practices through people’s diversity
registers at the local and data bases at the national levels, respectively. It further
probes the extent to which the principles of conservation have realized.

Provisions of the Act:

1. Prohibition on transfer of Indian genetic material outside the country without

specific approval of the Indian Government.

2. Prohibition of anyone claiming an (IPR) such as a patent over biodiversity or

related knowledge without permission of Indian Government.

3. Regulation of collection and use of biodiversity by Indian national while

exempting local communities from such restrictions.

4. Measures from sharing of benefits from use of biodiversity including transfer

of technology, monitory returns, joint research and development, joint IPR
ownership etc.

5. Measuring to conserve sustainable use of biological resources including

habitat and species protection (EIP) of projects, integration of biodiversity into
the plans and policies of various Departments and Sectors.

6. Provisions for local communities to have a say in the use of their resources
and knowledge and to charge fees for this.

ADVERTISEMENTS:
7. Protection of indigenous or tradition laws such as registration of such
knowledge.

8. Regulation of the use of the genetically modified organisms.

9. Setting up of National, state and local Biodiversity funds to be used to

support conservation and benefit sharing.

10. Setting up of Biodiversity Management committees (BMC) at local village

levels. State Biodiversity Boards at state level and National Biodiversity
Authority.

Functions of Authority:

1. Advise the central Government on any matter concerning conservation of

biodiversity sustainable use of its components and fair and equitable sharing of
benefits arising out of the use of biological resource and knowledge.

2. Coordinate the activities of state biodiversity.

3. Provide the technical assistance and guidance to the state biodiversity boards.

4. Sponsor investigation and research.

5. Engage consultants for a specific period not exceeding 3 years for providing
technical assistance to the Authority in the effective discharges of its functions.

6. Collect, compile and publish technical and statistical data, manuals, codes or
guides relating to conservation of biodiversity, sustainable use of its
components and fair and equitable sharing of benefits arising out of the use of
biological resource and knowledge’s.

7. Organize through mass media a comprehensive programme regarding

conservation of biodiversity, sustainable use of components and fair and
equitable sharing of benefits arising out of the use of biological resources and
knowledge.

8. Plan and organize training of personal engaged or likely to be engaged in

programmes for the conservation of biodiversity and sustainable use of its
components.

9. Prepare the annual budget of the authority including its own receipts as also
the devaluation from the central Government provided that the allocation by the
central government shall be operated in accordance with budget provisions
approved by the central govt.

10. Recommend creation of posts to the central Government for effective discharge of
the functions by the authority.

11. Approve the method of recruitment to the officers and servants of the authority.

12. Take steps to build up data base and to create information and documentation
system for biological resources and associated traditional knowledge through
biodiversity register and electronic data bases to ensure effective management,
promotion and sustainable uses.

13. Give directions to state Biodiversity Boards and the Biodiversity Management
Committees in writing for effective implementation of the act.

14. Report to the central Government about the functioning of the Authority and
implementation of the Act.

15. Sanction grants to the State Biodiversity Board and Biodiversity Management
committees for specific purposes.

16. Take necessary measures including appointment of legal experts to oppose grant
of intellectual property right in any country outside India on any biological outside
India on any biological resource and associated knowledge obtained from India and
in an illegal manner.

17. Do such other functions as may be assigned to direct by the central government
from time-to-time.

18. Regulates the commercial utilization or bio-survey and bio-utilization of any

biological resource by Indians.