CHANAKYA NATIONAL LAW UNIVERSITY

PROJECT OF ENVIRONMENTAL LAW

ON THE TOPIC

INDIAN FOREST ACT 1927

Submitted to: DR. HRISHIKESH MANU

Submitted by: KUMAR SAURABH

Roll no: 1133

7th Semester
 ACKNOWLEDGEMENT

I would like to thank my faculty Mr. Hrishikesh Manu for his guidance which has helped me
a lot while structuring the project. I would also like to acknowledge the immense contribution
of my friends who provided me with relevant materials and without whom I would not have
been able to complete my project.

Thanks is also due to the Library faculty who helped me struggle against the book grow less
and accomplish the topic details.

This project consumed huge amount of work, research and dedication. Still, implementation
would not have been possible if we did not have a support of many individuals and
organizations. Therefore we would like to extend our sincere gratitude to all of them.

I would also like to extend my gratitude to my parents and all those unseen hands that had
helped me in completion of this project. The shops and members who have helped me print
and lastly the editing work which was taught to me by my friends.

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 CONTENTS

ACKNOWLEDGEMENT
INTRODUCTION

REASONS BEHIND FORMULATION

PROVISIONS AND SPECIALITIES

EFFICIENCY & SUBSEQUENT ISSUES

SUBSEQUENT LWGISLATIONS
CONCLUSION
BIBLIOGRAPHY

3
INTRODUCTION

Forests help in maintaining the ecological balance. They render the climate equable, add to
the fertility of the Soil, prevent soil erosion, and promote perennial stream flow in rain-fed
rivers. They also shelter wild animals, preserve gene pools, and protect the tribal population.
The Supreme Court took note of this role in Rural Litigation and Entitlement Kendra v State
of Uttar Pradesh1 Besides the benefits from environmental and ecological perspectives,
forests bring revenue to the state, supply raw material to industries, and act as a source of fuel
and fodder. Forest management always gives rise to conflicting view points, for instance,
development activities like construction of dam or starting an industry in a forest area often
raise questions regarding the violation of the forest laws. In a society based on the rule of law,
conflict of values is to be reconciled and priorities set. This process should precede and also
form the basis of formulation of legal policies and devices for the management of forests.

CONSTITUTIONAL MANDATE AND FOREST CONSERVATION

The Constitution (Forty second Amendment) Act, 1976 has introduced a new directive
principle of state policy-article 48 A and a fundamental duty under article 51(A) (g) for the
protection and improvement of environment including forests. These provisions provide as
under:

Article 48 A. Protection and improvement of environment and safeguarding of forests and

wild life. The State shall endeavour to protect and improve the environment and to safeguard
the forests and wild life of the country.

Article 51 (g) provides It shall be the duty of every citizen of India to protect and improve the
natural environment including forests, lakes, rivers and wild life, and to have compassion for
living creatures.

A perusal of the above provisions clearly shows that both State and the citizens are under an
obligation to protect and safeguard forests, which will have an impact on the environment.

1
AIR 1988 SC 2187.
REQASONS BEHIND FORMULATION

"Forest" was initially a "State" subject covered by Entry 19 in List II of the VII Schedule. The
Indian Parliament realising the national significance of the forest has also made changes in
the VII Schedule. Entry 19 in List 11 of the VII Schedule has been deleted and a new entry 17
A relating to forests has been introduced in the Concurrent List of the VII Schedule by the
Constitution (Forty-second Amendment) Act, 1976. Thus, State as well as Centre can make
the law relating to forests. The State Government can make laws relating to forest
administration provided it is in consonance with the forests policy of centre for preservation
and development of the nation's forest resources.

The fIrst codification, which came on the statute book .in relation to administration of forest
in India, was the Indian Forest Act, 1865. Thus, the history of forest law in India is more than
a century Old. The Act of 1865 was amended from time to time and ultimately it was repealed
and replaced by the Indian Forest Act, 1927 which not only consolidated but also re shaped
the law relating to forests. The said Act of 1927 was also amended from time to time.
PROVISIONS AND SPECIALITIES

There can be no doubt that forests and forestry are subjects of prime importance for a country
and the public interest. The Indian Forest Act, 1927 was enacted after repealing the Indian
Forest Act, 1878 for the purpose of consolidating the law relating to forests, the transit of
forest produce and the duty leviable on timber and other forest produce. This Act is an
important piece of the Central legislation and various State enactments have made
amendments to suit their local requirements and some of the States have enacted their own
full scale forests Acts.

Object
The Indian Forest Act was enacted to preserve and safeguard the forests generally in India.
The Act makes various provisions for such conservation of forests and in the scheme it
provides for a State Government to constitute any forest lands or waste lands, which are
property of Government over which the Government have proprietary rights, a reserved
forest.

Salient Features
The Act deals with the subject in 13 Chapters. Chapter 1 deals with short title and extent of
the Act. Chapter II of the Act deals with the subject of reserved forests. Chapter III deals with
village forests. Chapter IV deals with protected forests. Chapter V deals with forest and lands
not being the property of Government. Chapter VI deals with imposition of duty on timber
and other forest produce by the Central Government. Chapter VII deals with control over
timber and other forest produce in transit. Section 41 confers on the State Government the
power to make rules to regulate the transit of forest produce.

The object of Chapter VIII of the Act is to regulate the rights of owner in drift and stranded
timber. Chapter IX deals with penalty and procedure and recognize that some forest produce
may, in the first instance, not be the property of the Government. Chapter X of the Act deals
with applicability of the Cattle Trespass Act, 1871 in a reserved forest or in any portion of a
protected forest which has been lawfully closed to grazing. Chapter X also deals with the
power of the State Government to issue notification in respect of lines. Chapter XI deals with
the powers and duties of the Forest Officer. Chapter XII empowers the State Government to
make subsidiary rules. Chapter XIII deals with moral duties of the citizen to help Forest
Officers and Police Officers in carrying out their duties with the purview of the Act. This
chapter deals with other miscellaneous matters also.

In this manner the Act contemplates the protection of forest land under certain conditions,
whether they be reserved forests, village forests, protected forests or forest of private owners.
Although the Indian Forest Act deals specifically with (i) reserved forests; (ii) village forest,
viz., reserved forest which have been assigned to any village community; and (iii) protected
forests. The preamble and other provisions of the Forest Act are wide enough to cover all
categories of forests. This Act is one curtailing proprietary rights of individuals and so the Act
and the notifications issued under it must be construed strictly where the rights of individuals
are trenched upon.

Penal Provisions
Any person commits any of the following offences, namely:-
1) Fells, girdles, lops, taps or burns any tree reserved under Section 30, or strips off the bark
or leaves from, or otherwise damages, any such trees.
2) Contrary to any prohibition under Section 30, quarries any stone or burns any lime or
charcoal, or collects, subjects to any manufacturing process, or removes, any forest produce.
3) Contrary to any prohibition under Section 30, breaks up or clears for cultivation or any
purpose any land in any protected forest.
4) Sets, fire to such forest, or kindles a fire without taking all reasonable precaution to prevent
its spreading to any tree reserved under Section 30,, whether standing, fallen on felled or two
any such trees or closed portion of such forest.
5) Leaves burning any fire kindled by him in the vicinity of any such trees or closed portion.
6) Fells any tree of drags any timber so as to damage any tree reserved as aforesaid.
7) Permits cattle to damage any such tree; and
8) Infringes any rule made under Section 32.
Shall be punishable with imprisonment for a term which may extend to one year or with fine
which may extend to one thousand rupees, or with both

EFFICIENCY & SUBSEQUENT ISSUES

The Indian Forest Act, 1927 contains 86 sections and it deals with four categories of forests
namely (i) Reserve Forests in Chapter II (ii) Village Forests in Chapter III (iii) Protected
Forests in Chapter IV and (iv) Non Government Forests in Chapter V. Thus, the Act is wide
enough to cover all categories of forests. Besides forests specified under the Act on a function
basis as reserve forests, village forests, protected forests and non government forests, the Act
contemplates the protection of forest land under certain conditions. Since before 1976, forest
was in Entry 19 of the List II of the VII Schedule, the States also had the jurisdiction to enact
laws in relation to the forests and accordingly the Act has been supplemented with extensive
State legislations so as to suit the requirements of various States. There have been about 117
such Acts.

The Indian Forest Act, 1927 was clearly one step to considering the importance of ecology
and environmental balance. Most of the private forests covered under the fourth category
mentioned above were earlier pans of estates which have now been abolished and thus such
forests have also become government property. The Act sought to consolidate the law relating
to forests, the transit of forests produce and the duty liveable on timber and other forests
produce.

The Act empowers the State Government to constitute any forest land or waste land as
reserved forest and to issue notification in the official gazette. The notification is required to
be published in the official gazette and unless it is published it is of no effect." After the
notification under section 4 of the Act, no right shall be acquired in or over the land
comprised in such notification and previously recognized individual and community rights
over the forest are extinguished upon such a notification and access to forest and forest
products becomes a matter of privilege subject to permission of forest officials acting under
governing laws and regulations. The Act includes procedures for making claims against the
Government for the loss of legal rights over the forests.

The village forests are established when State assigns to a village community rights over any
land which has been constituted a reserve forest. The State Governments make rules for
managing the village forests and prescribe conditions under which the village community is
provided with timber, other forest products or pasture. The rules may also assign duties tithe
village for the protection and improvement of the forests.

The State Government has also been empowered to declare any forest land or waste land
which is not included in the reserve forest but in which the Government has proprietary right
or rights to any pan of the forest products as protected forests. Thus, protected forests cannot
be created from reserve forests. The Government must survey the rights and claims of private
persons in forest being considered for protection but may declare the forest area a protected
forest pending the completion of survey. Under section 30 of the Act, the State Governments
can close portion of the forests, for such term not exceeding thirty years, as long as the
remainder of the forests is sufficient for individuals and communities to exercise their
existing legal rights to use forests. The State Governments may prohibit certain activities such
as grazing, cultivation, charcoal burning and stone quarrying. The State Government may also
regulate all rights and privileges for the use of protected forests. State Governments have
been empowered to notify certain trees and forests to be protected forests and penalize for
cutting, converting, collecting or removing forest produce without licence being granted by
the respective States.

Chapter V of the Act deals with the control over forests and land not being the property of the
Government. The provisions of this Chapter Show that the Act is intended to be a piece of
legislation not only in respect of government forest but also in respect of forests and lands not
belonging to government. In other words, the Act covers non government forests also.

The State Government can, by notification, regulate or prohibit the breaking up or clearing of
land for cultivation, the pasturing of cattle or the firing or clearing of the vegetation to protect
against storms, winds, rolling stones, floods and avalanches, to preserve soil from erosion, to
maintain water supply in springs. rivers and tanks, to protect roads, bridges, railways, lines of
communication and to preserve public health, etc. The Act also authorizes the State
Government to acquire private land for public purposes under the Land Acquisition Act,
1894.

The State Governments have also been vested with powers to impose duty on timber and
other forest produce and to control transit of timber and other forest produce and to impose
penalties for offences committed under the Act.l9 Chapter IX deals with penalties and
procedure to be followed in case of seizure of property. However, the Act has not fully
appreciated the concept of damage caused to the forests due to illicit cutting of trees or due to
fire or because of breaking of forest cover for agricultural purposes. For example, section 33
of the Act enumerates certain offences and provides for punishment of imprisonment for a
term which may extend to six months or with tine which may extend to Rs. 500/ or with both.
Section 26 of the Act, of course, recognizes the concept of 'compensation' for damage done to
the forest as the convicting court may direct to be paid in addition to the sentence of
imprisonment for a term which may extend to six months or fine which may extend to Rs.
500/ or both, for the acts prohibited in the reserved forests. But this provision too has its
shortcomings because this section does not confer any power on the appellate court to award
compensation. The words used in this section are "the convicting court" and the appellate
court is not the convicting court. Therefore, it is only the trial court, which can be called the
convicting court, and thus only the trial court can direct for the compensation for damage
done to the forest.

In 1980, the Parliament in response to the rapid decline in the forest covers in India and also
to fulfil the constitutional obligation under Article 48 A of the Constitution enacted a new
legislation, the Forest (Conservation) Act, 1980.

SUBSEQUENT LEGISLATIONS
THE FOREST (CONSERVATION) ACT, 1980

This Act has been passed with a view to check deforestation which has been taking place in
the country on a large scale and which had caused ecological imbalance and thus led to
environmental deterioration. The President of India promulgated the Forest (Conservation)
Ordinance on 25.1; October, 1980. Section 5 of the Forest (Conservation) Act, 1980 has
repealed this Ordinance. This Act has not taken into consideration those aspects, which were
covered by the Indian Forest Act, 1927. It simply aims at putting restriction on the de
reservation of forests or use of forest land for non forest purposes. The Act is intended to
serve a laudable purpose" as is evident from the Statement of Objects and Reasons of the Act,
which reads:

1) Deforestation causes ecological imbalance and leads to environmental deterioration.

Deforestation had been taking place on a large scale in the country and it had caused
widespread concern.

2) With a view to checking further deforestation, the President promulgated on ZSth October,
1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of
the Central Government necessary for de reservation of reserved forests and for use of forest
land for non forest purposes. The Ordinance also provided for the constitution of an Advisory
Committee to advise the Central Government with regard to such approval.

Scope and Application: This Act extends to whole of India except the States of Jammu &
Kashmir, which has its own State Act. The Forest (Conservation) Act, 1980 came into force
on 25th October, 1980, i.e., the date on which the Forest (Conservation) Ordinance, I980 was
promulgated.

Restriction on the De-reservation of Forests or Use of Forest land for Non F crest Purposes:

Section 2 of the Act deals with restriction on the de reservation of forests or use of forest land
for non-forest purposes. It provides that 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 prior approval of the Central Government, any order directing,

Forest Protection & Conservation

i. That any reserved forest declared under 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;

iii. that any forest land 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 re afforestation.

For the purposes of this section "non forest purpose" means the breaking up or clearing or any
forest land or portion thereof for:

a) the cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticulture crops or
medicinal plants; or
b) any purpose other than re afforestation, 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.

In State of Kerala v Sunil Kumar," the Supreme Coun has clarified that where the State
Government did not want to lease any part of forest land, the question of seeking prior
approval of the Central Government did not arise. The question of approval arises only when
the State Government makes a request for such an approval in respect of cases falling under

categories mentioned in section 2 of the Act.

In A Chowgule & Co. ltd. v Goa Foundatianfit has been clarified that approval of the

Central Govt. cannot be given retrospectively to make it "prior approval" under the Act.

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 (as explained above); and

ii. any other matter connected with the conservation of forests which may be referred to

it by the Central Government.

Rule 3 of the Forest (Conservation) Rules, 2003 provides for the composition of the
Committee. lt says that the Committee shall be composed of the following members:

i. Director General of Forests, Ministry of Environment and Forests Chairman

ii. Additional Director-General of Forests, Ministry of Environment and Forests Member (He
will act as chairperson in the absence of Director General of Forests).

iii. Additional Commissioner (Soil Conservation), Ministry of Agriculture Member

iv. Three eminent expens in forestry and allied discipline Environment Scientists (non
officials) Member;

v. Inspector General of Forests (Forests Conservation), Ministry of Environment and

Forests Member Secretary.

A non official member shall hold his office for a period of two years. Anon-official member
shall cease to hold the office if he becomes of unsound mind becomes insolvent or is
convicted by a court of law on a criminal offence involving moral turpitude. The non official
member may be removed from his office if he fails to attend three consecutive meetings
without sufficient cause or reasons. The Government, for the unexpired portion of two years
term shall fill any vacancy of the non-official member.
Penalty for Contravention of the Provisions of the Act: Section 3 A of the Act provides that
whoever contravenes or abets the contravention of any of the provisions of section 2. shall be
punishable with simple imprisonment for a period, which may extend to fifteen days. A
perusal of this section shows that the Act contemplates only the punishment of simple
imprisonment and it does not contemplate any punishment in terms of fine.

Offences by Authorities and Government Departments. Section 3 B of the Act provides that
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. However, the Head of the
Department or any other person referred to above shall not be liable to any punishment if he
proves that

i. the offence was committed without his knowledge; or

ii. he exercised all diligence to prevent the commission of such offence. Where an offence
under this Act has been committed by a Department of Government or any authority referred
to above and it is proved that the offence has been committed with the consent or connivance
of, or is attributable to any neglect on the part of any officer other than the Head of the
Department, or in case Of an authority any person other than the persons referred to above,
then such Officer or person shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.

Power to Make Ruler. Section 4 of the Act vests, the Central Government with the power to
make rules for carrying out the provisions of this Act. Every rule made under this Act shall be
laid, as soon as may be after it is made, before each house of the 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.

FOREST CONSERVATION: ROLE OF CENTRAL GOVERNMENT

The provision of prior approval provided under FCA, as a condition precedent for nonforestry
activities in the forest area, has transformed the Central Government into the guardian of
forest protection. The obvious assumption is that the guardian will act only in the interests of
safeguarding the forest environment, and will be ever vigilant pre empting any assault on
forest. The provisions of FCA have been subject to judicial scrutiny on many occasions. The
question is whether the courts have lived up to the expectations of the law and

helped in evolving viable strategies of forest management.

PRIOR APPROVAL BY THE CENTRAL GOVERNMENT

During the period before the commencement of FCA, mining activities in a forest area were
regulated only with the conditions listed under the licence granted by the government. Prior
approval of the Central Government was not necessary. This seems to have been the position
taken in State of Bihar v Banshi Ram Modi.‘ The facts of the case show that while the
licensee was mining for mica under a license granted before the commencement of FCA, the
licensee came across two other minerals feldspar. and quartz. The state government permitted
him to mine these two minerals. The forest department objected, as there was no prior
approval from the Central Government. According to the court, the action of the state
government did not violate FCA as the new minerals were found in an area already broken up
and cleared for mining, although, this may not be the case for mining in a virgin area. The
court instructed that the mining should not lead to felling of trees.

However, the assumption, without any scientific evidence, that mining more minerals than the
one for which license is given in an area already broken up would not bring environmental
damage, does not seem to be entirely correct. In Ambica Quarry Works v State of Gujarat,5
the Supreme Court made it categorically clear that renewal of a license after FCA came into
force can be made only on getting prior permission from the Central Government. The FCA
was passed in order to arrest ecological imbalance, which is a consequence of deforestation.
While holding that the power of the authorities is not coupled
with the duty to renew all licenses once given and stressing the need to for prior approval.
The court observed:

The primary duty was to the community and that duty took precedence, in our opinion, in
these cases. The obligation to the society murt predominate over the obligation to the
individuals. Ambica Quarry, was followed by the Supreme Court in Rural Litigation and
Entitlement Kendra v State of Uttar Pradesh.‘

The Supreme Court and high courts kept up this trend. In Divisional Forest Officer v S
Nageswaramma,7 it was held that renewal of lease is not a vested right of the lessees. In State
of Madhya Pradesh v Krishamlas Tikaram,“ renewal was objected by the forest department.
The order of the state government cancelled the licence, The Supreme Court held that the
cancellation was proper in the absence of prior approval. There appears to be a clear divide
between forest officials and mining authorities. The former acts as champions of forest
protection, whereas the latter plays the role of a messiah of development. The Patna High
Court in Upendra Jha v State of Bihar,9 settling a dispute between the two and following
Ambica Quarry Works and distinguishing Banshi Ram, approved the stand of the forest
department on the rule of prior approval and renewal of a licence. The court observed:

Now even If any part of reserved forest or forest land was part of any lease hold and such
reserved forest had been broken or forest had been cleared on the basis of that lease granted
prior to coming into force of the Act; no renewal of that lease or fresh grant in respect of that
area can be given by the State Government without prior approval of the Central
Government, because any such renewal or a fresh grant of such area is bound to lead to
further deforestation and cannot help reclaiming back the areas where deforestation have
taken place.

The Allahabad High Court, in Pyori Devi v State of Uttar Pradesh,In endorsed prohibition of
mining in an area declared to be reserve forest after the mining lease had been granted, and
before its expiry. The lessee could file a suit against the govemment for violation of the
conditions of the lease, but the prohibition was valid.

Courts were consistent in holding that for mining in reserved .forests or protected forests,
prior approval of the Central Government was necessary. In most cases, licences granted or
renewed against this mandate were disapproved and set aside. In Supreme Court Monitoring
Committee v Mussoorie Dehradun Development Authority," the Supreme Court, instead of
stopping non forest activity, directed the respondent to enlist proposals for ex post facto
approval by the Central Government. It is peninent to note that FCA does not envisage ex
post facto approval, and only provides for 'prior' approval. However, the court directed the
Central Government to ascertain, whether the grant was made on extraneous considerations
and if so, identify the persons or officers responsible, and whether criminal action could be
taken against those responsible.

Is the state government entitled to exclude an area from obtaining prior approval In KM
Chinnappa v Union of India," the apex court was categorical in disapproving this exclusion
allowed by the state government. The question was whether the permission to continue
mining in an area subsequently declared as a national park was valid. FCA makes prior

9m 1988 Fat 263. ”AIR 2004 All 70. “(1997) 11 scc 605. “AIR 2003 SC 724.

approval mandatory inspire of the right to get renewal under the mining Rules. Admittedly,
the Central Government had not accorded prior approval. Hence, the exclusion of mining
company's land from the need to get prior approval was impermissible. The Government of
Karnataka, while examining the study of impact of mining on flora and fauna in the sensitive
area, had recommended only a temporary working permission for two years after the expiry
of the licence. This was manifestly to avoid .hardship. Further, the forest advisory committee
under the FCA had recommended renewal for only four years till the year 7005. The court did
not find any reason to disagree with these recommendations. It ordered that the renewal for
this period would be subject to the recommendations made by the committee on ecological
aspects.

Interestingly, the judgment noted that the state and Central Governments were not very
consistent in their approach about the period for which the mining activities could be
permitted. The court was of the view that irrespective of the reasons for such inconsistency, it
was imperative that ‘due application of mind should have been made before taking a
particular stand and not to change color like a chameleon and that too not infrequently'.

It is, therefore. settled that being a non forest activity. mining it the forest area can be allowed
only with the prior approval of the Central Government. A licence is entitled to get renewal if
the area was already broken up before FCA came into force. However, the renewal is not
automatic; it can be rendered only with prior approval.
 CONCLUSION

The Indian Forest Act of 1927 consolidated all the previous laws regarding forests that were
passed before the 1920s. The Act gave the Government and Forest Department the power to
create Reserved Forests, and the right to use Reserved Forests for Government use alone. It
also created Protected Forests, in which the use of resources by local people was controlled.
Some forests were to be controlled by the village community, and these were called village
Forests. The Act remained in force till the 1980s when it was realized that protecting forests
for timber production alone was not acceptable. The other values of protecting the services
that forests provide and its valuable assets such as biodiversity began to overshadow the
importance of their revenue earnings from timber.

This led to the Forest Conservation Act of 1980 and its amendment 1988. India’s first Forest
Policy was enunciated in 1952. Between 1952 and 1988, the extent of deforestation was so
great that it became essential to formulate a new policy on forests and their utilization.
Theearlier forest policies had focused only on revenue generation. In the 1980’s it became
clear that forests must be protected for their other functions such as the maintenance of soil
and water regimes centered on ecological concerns. It also provided for the use of goods and
services of the forest for its local inhabitants. The new policy framework made conversion of
forests into other uses much less possible. Conservation of the forests as a natural heritage
finds a place in the new policy, which includes the preservation of its biological diversity and
genetic resources.

It also values meeting the needs of local people for food, fuel wood, fodder and Non-Timber
Forest Produces (NTFPs). It gives priority to maintaining environmental stability and
ecological balances. It expressly states that the network of Protected Areas should be
strengthened and extended. The Forest Conservation Act of 1980 was enacted to control
deforestation; it ensured that forestlands could not be de-reserved without prior approval of
the Central Government. This was created as some states had begun to de-reserve the
Reserved Forests for non-forest use.

These states had regularized encroachments and resettled ‘project affected people’ from
development projects such as dams in these de-reserved areas. The need for a new legislation
became urgent. The Act made it possible to retain a greater control over the frightening level
of deforestation in the country and specified penalties for offenders.
 BIBLIOGRAPHY

BOOKS:

∑ Forest Laws And Policies In India - by A. K. Poddar / Swayambhu Mukherjee /

Debosmita Nandy
∑ Environment Protection law and Policy – Kailash Thakur
∑ Forest Laws – Shrivastava
∑ Article on Forest Law and Policies -Indian Law Journal
∑ Environmental law in India- P leelakrishna
∑ Environmental alw in in India – Mohamad Naseem
∑ Enviorment law and policy – Aruna venkat
∑ Nature and Power, A Global History of the Environment, by Joachim Radkau
∑ The Indian Forester first published in 1875

WEBSITES

∑ www.environmentallawsofindia.com/the-forest-acts.html
∑ envfor.nic.in/legis/forest/forest2.html
∑ coe.mse.ac.in/ifa.htm
∑ www.mcrhrdi.gov.in/88fc/week-8/Law-IndianForest%20Act.pdf
∑ infochangeindia.org/environment/.../a-history-of-forest-regulations.html
∑ www.moef.nic.in/.../guidelines-and-rules-made-under-forest-conservation

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