The Forest (Conservation) Act, 1980 is a law enacted by the Indian government to conserve and protect forests in the country. The Act lays down the guidelines and procedures for diverting forest land for non-forestry purposes such as mining, industry, infrastructure development, and agriculture.
The Act applies to all forests, whether reserved, protected, or otherwise, and covers the entire country, including the union territories. The Act has played a significant role in controlling the diversion of forest land for non-forestry purposes and promoting afforestation and reforestation activities in the country.
The Act has been amended several times to strengthen its provisions and ensure better implementation. The most significant amendment to the Act was made in 2003, which introduced the concept of Net Present Value (NPV) of forest land. The NPV is the value of the standing forest biomass and associated ecological services, which is calculated and charged to the industries or stakeholders who require forest land for their activities. The NPV is used to fund compensatory afforestation and other conservation activities.
The Forest (Conservation) Act, 1980 has helped in the conservation and protection of forests in the country. It has also helped in promoting sustainable development practices and ensuring the participation of local communities in forest management. However, the implementation of the Act has faced several challenges, including lack of coordination between the central and state governments, inadequate compensation for forest loss, and inadequate monitoring and enforcement of the provisions of the Act.
The Act has the following key features:
- Restrictions on diversion of forest land: The Act prohibits the diversion of forest land for non-forestry purposes without the prior approval of the central government. The central government can approve the diversion of forest land only after considering the following factors:
- Whether non-forest land is available for the proposed activity.
- Whether the proposed activity is essential and cannot be carried out on non-forest land.
- Whether the proposed activity is in the public interest and will benefit the local communities.
- Prioritization of forest conservation: The Act places a high priority on forest conservation and encourages the diversion of forest land only as a last resort. The Act specifies that the diversion of forest land can be allowed only if it is necessary for public interest and cannot be avoided.
- Compensation for forest loss: The Act mandates that any forest land diverted for non-forestry purposes must be compensated by afforestation on equivalent non-forest land. The compensation must be provided before the diversion of forest land.
- Powers of the central government: The Act empowers the central government to regulate and control the diversion of forest land. The central government can also issue directions to the state governments to ensure compliance with the provisions of the Act.
Responsibilities and Accountabilities:
Responsibilities of the central government: The central government has the responsibility of implementing the provisions of the Act and regulating the diversion of forest land for non-forestry purposes. The key responsibilities of the central government include:
- Setting up a national committee to scrutinize proposals for diversion of forest land and granting approval based on the recommendations of the committee.
- Issuing guidelines and procedures for compensatory afforestation and monitoring the progress of afforestation activities.
- Monitoring the compliance of the state governments with the provisions of the Act.
Responsibilities of the state governments: The state governments have the responsibility of implementing the provisions of the Act and ensuring that the forest land is not diverted for non-forestry purposes without the prior approval of the central government. The key responsibilities of the state governments include:
- Submitting proposals for diversion of forest land to the central government for approval.
- Ensuring that compensatory afforestation is carried out on equivalent non-forest land before the diversion of forest land.
- Monitoring the compliance of industries and other stakeholders with the provisions of the Act.
Responsibilities of industries and other stakeholders: Industries and other stakeholders have the responsibility of complying with the provisions of the Act and ensuring that the forest land is not diverted for non-forestry purposes without the prior approval of the central government. The key responsibilities of industries and other stakeholders include:
- Obtaining necessary permits and clearances from the state government and the central government before carrying out any activities that involve the diversion of forest land.
- Undertaking compensatory afforestation on equivalent non-forest land before the diversion of forest land.
- Maintaining records of the afforestation activities and submitting the same to the state government and the central government.
Accountability:
The Act provides for strict penalties for non-compliance with the provisions of the Act. The penalties include fines, imprisonment, or both, depending on the severity of the offence. The central government and the state governments have the power to take legal action against the defaulters and hold them accountable for the diversion of forest land without approval. Therefore, the stakeholders are accountable for their actions or inactions in protecting and conserving forest land in the country.