UNIT 10 FOREST AND ENVIRONMENT ROTECTION

ACTS
Structure
10.0 Objectives
10.1 Introduction
10.2 Are Forest and Environment Related Acts Needed?
10.3 Objectives of the Wildlife (Protection) Act, 1972
10.3.1 Difference between Wildlife Act and LA Act and Some Definitions Given in the Act
10.3.2 Features of the Wild Life (Protection) Act, 1972
10.3.3 Declaration of Area as Sanctuary and National Park
10.4 Provisions of the Indian Forest Act, 1927
10.4.1 Different Types of Forests
10.4.2 The Forest Conservation Act, 1980
10.5 Let Us Sum Up
10.6 Cues to Check Your Progress
10.7 Glossary
10.8 References

10.0 OBJECTIVES
After going through this Unit, you will be able to:
• describe the Wildlife (Protection) Act, 1972;
• explain the Indian Forest Act, 1927; and
• describe the Indian Forest (Conservation) Act, 1980.

10.1 INTRODUCTION
In Unit 9, you have studied land acquisition acts, which are related to obtaining land for national highways,
coal and for conducting military exercises. In Unit 9, you will read about some other land acquisition acts like
the Wild Life (Protection) Act, 1972, the Indian Forest Act, 1927, and the Indian Forest (Conservation) Act,
1980, all of which are basically related to the forest and environment.

10.2 ARE FOREST AND ENVIRONMENT RELATED ACTS

NEEDED?
Land is not always acquired for development purposes. We also need to ensure that we do not destroy all
nature (see Christian de Saussay 1987). We do not own this earth. The earth belongs to all those who dwell on
it. This is as true of animals as it is of forests. Almost every modern country has passed laws to prevent
wholesale encroachment by human beings on the habitat of other creatures. These laws earmark land for
conservation of nature. Conservation is also necessary for our own well being. We too need the forests and the
continuation of all species of life. Each of the species plays a role. It is part of a larger cycle. If we break the
cycle sometimes we notice the ill effects. China conducted a campaign against birds because their government
thought they ate too much of the crops. But the birds also ate the insects that destroyed the crops. After the
birds were killed, the insects could multiply unchecked and did tremendous damage to the crops. Today the
Chinese farmer does not hear the song of birds as he goes about his work. The destruction of forest cover has
even more alarming effects. Rainfall decreases alarmingly. Rainwater is washed away into rivers and
disappears into the sea. The soil is washed away and there are landslides There is little drinking water after the
rains are over. All kinds of climate changes will occur, which are harmful to all life. Every day scientists are
warning us about these changes. Thus we need to conserve forests and wild life for our own sakes. Experience
shows that two kinds of persons use areas also used by non human beings. They are the forest dwellers and the
commercial exploiters. The first are almost always under greater stress by rules and regulations, which seek to
protect the forest and/ or wild life. The second group manages to continue merrily. In implementing the laws
we have to be aware of this reality. For this purpose India has made several laws. We shall look at three of
them. Three such Acts are as follows:
i) The Wild Life (Protection) Act,1972
ii) The Indian Forest Act, 1927
iii) The Indian Forest (Conservation) Act, 1980.
Let us start by learning about the Wildlife (Protection) Act, 1972.
10.3 OBJECTIVES OF THE WILDLIFE (PROTECTION) ACT,
1972
The Wildlife Act has very large objectives. The Act aims at protecting all living creatures (not domestic)
wherever they may live – on land, in water or in the sky. This includes regulation of zoos and regulation or
prohibition of hunting of wild animals. Under this Act vegetation is also protected. So this Act regulates trade
in or removal of protected plants or species. There was a time when this land was covered with forests. People
did not dare enter them, especially at night. We were afraid of wild beasts. But now there is a growing demand
for land and also for forest produce such as timber. Forests have been cut down. People are everywhere. It is
the wild beasts that have nowhere to go. As a result, wild animals often enter villages or attack cattle or other
domestic animals. They even attack human beings. Clearly people need to be protected from wild beasts. They
have a right to live safely. But the animals too have a right to live and to live freely. How is the problem to be
solved? One solution could be to reserve a separate space for animals by declaring it to be a sanctuary or a
reserved park. Unfortunately this also means denying people the right to use that land or restricting their right
to use it. We are concerned with only this part of the Act. We shall look at those sections of the Wildlife Act
which reserve space for the use and enjoyment of wild life. From time to time we shall refer to the Wildlife
Act, as the Act or this Act. We shall continue to refer to the Land Acquisition Act as the LAAct.
Next sub-section contains a comparison between the Wild Life Act and the LA Act, which will help you in
understanding both the Acts better. Some definitions have also been elaborated.
10.3.1 Difference Between Wildlife Act and LA Act and Some Definitions Given
in the Act
From the goals of the Wildlife Act we can see that in many ways this Act is very different from the LAAct.
We shall examine the main differences. Firstly, the Wild Life Act is not a usual land acquisition act. Under the
land acquisition laws the government publishes a notification. Under the LA Act the notification will say that
the government wants to find out if the land is needed either for a public purpose. Under another Act, say the
Coal Bearing Areas Act, the notification will say that the central government wishes to find out if there is coal
under the land. After a long process the government publishes a declaration that the land has been acquired.
This is not what the Wild Life Act does. The government simply declares its intention to make a certain area
as a sanctuary. A sanctuary is a safe place. A sanctuary for animals is a place where the animals may be safe,
where they need not fear hunters or other attacks on their life or their young. Secondly, this Act prescribes the
powers of two authorities. The land is acquired by the collector for a sanctuary or a national park, but it is
managed by the Chief Wild Life Warden. Thirdly, the government in this Act is generally the state
government. If the territory is administered by the Central government then the government means the
Administrator of the territory.
Some Definitions
Let us first look at some definitions. We need to look at only one or two definitions.
Land is defined in this Act, too. But the definition is quite different from what it is in the LA Act. The
definition of land as in LA Act is given in Unit 6. Please look it up and then compare it with the definition in
this Act.
In this Act land is defined as follows:
Land includes canals, creeks and other water channels, reservoirs, rivers, streams and lakes, whether
artificial or natural, marshes and wetlands and includes boulders and rocks.
Unlike the LA Act, this Act does not talk of land as rights or benefits in the land.
The definition of Sanctuary or national park is not clear. They are both defined in terms of the appropriate
sections of the Act. Many other definitions are taken from the LA Act. We shall come to them in due course
of time. Chapter 4 of the Wild Life Act deals with this process by which an area becomes a sanctuary. Under
section 18 of the Wildlife Act, the state government may declare its intention to notify a certain area as a
sanctuary. This notification must be published in the official gazette. The limits and the situation of the land
should be made as precise as possible. It is enough to say that the area is bounded by a river or a ridge or any
other intelligible landmark. The government may issue this declaration if it thinks that such an area is
necessary for preservation of its species of flora or fauna, or it has other ecological significance. However
territorial waters or a reserved forest may not be declared a sanctuary. These terms are not defined in this Act.
Reserved forest is defined in the Indian Forest Act. Territorial waters are the strip of three and a half miles of
sea surrounding the land of a country. Outside them the sea is international. Section 19 of the Act requires that
after this notification is published the Collector must find out if any person has any rights in the land, he must
find out what those rights are, their extent and their nature. For example, Ramu might have the right to graze
his cattle on the land all the year round. Rani may have the right to fetch fodder for her cattle in winter and
Shamlal may have the right to live on the land and cultivate it. He may even own some land there.
Check Your Progress 1
i) Why do we need a Wildlife Act?
ii) Mention three points on which the Wild Life Act differs from the LA Act.
iii) What is the definition of land according to the Wild Life Act, 1972?
iv) What is the effect of section 18 of the Wild Life Act, 1972?
v) What must the collector do after the notification under section 18 is published? Are his duties under
section 19 the same as in LA Act?
Let us now look at the following features of the Wild Life (Protection) Act, 1972.
10.3.2 Features of the Wild Life (Protection) Act, 1972
The various features of this Act are as given below.
• Accrual of rights: Section 20 of the Act deals with accrual of rights. Rights may only be inherited in
land. This may be by will or because the person was the natural heir of the person who died. This is called
accrual of rights. This section of the Act makes it clear that once the notification has been published, no
one can get or give rights in land by buying or selling it. Similarly no one may take or give the land on
rent.
• Proclamation: As the notification under section 18 of the Act is published in the gazette it does not reach
the ordinary public at all. In order to find out who has what rights in the land the collector has to publish a
proclamation in the regional language and in every town and village in the area or in the neighbourhood.
This is laid down by section 21 of the Act.
The collector is not required to use beat of drum to publish the proclamation. The proclamation must do
the following:
a) It must specify the limits of the area and where it is situated. In other words the people should be able
to know from the proclamation about which land it covers.
b) It should ask any one who claims interest in the land to present his written claim before the collector
within two months. This claim must be presented in the form prescribed by the Act. It cannot be
written on plain paper. It must give all details of the claim. That is, it must describe the land to which
it relates, the nature of the right to that land and the amount of compensation being claimed.
• Inquiry by collector: This is under section 22 of the Act. The collector must inquire into all claims made
before him/her. In addition he/she must inquire into all rights that arise under section 19 of the Act even if
no claim has been made. The existence of such rights can be ascertained from records with the state
government or from evidence of any person. This means that oral as well as recorded evidence must be
examined by the collector. This is a special provision. It does not exist under the LAAct or any of the
other Acts we have seen in Unit 9. In all of them the person whose rights have been taken away must ask
for compensation. At the same time, these claims are not objections. No one can object to the declaration
that the land is being turned into a sanctuary. The powers of the collector for the inquiry are the same as in
LAAct. He/ she can enter land, survey it and demarcate it.
• Acquisition of rights: After the inquiry the collector can accept or reject the claims in part or in full.
These powers are described under section 24 of the Act. If the claim is accepted, whether in part or in full
then the collector has three options. He/ she may do the following:
i) exclude the land from the sanctuary
ii) start proceedings to acquire the land or such rights for the sanctuary
iii) thirdly the collector may allow the rights to continue in the land within the sanctuary. But for this he/
she must first consult the Chief Wild Life Warden.
After acquisition powers over the land are not exercised by the collector. Section 25 of the Act makes it
quite clear that the process of land acquisition will follow the rules laid down in the LA Act. For example,
the collector has all the powers as under LA Act. The claimant shall be deemed to be an interested person
and appearing under section 9 of LA Act. If he does not accept the collector’s award then he/ she shall
have the same rights to appeal as under LA Act. The collector may make his/ her award in cash or in land
 or partly in both, provided the complainant consents to it. There is one provision that is not in the LA Act.
If the sanctuary cuts off a public pathway or takes away a common pasture, the collector may, with the
prior consent of the chief minister, give an alternate path or pasture. Acquisition of any land under this
Act will be deemed to be acquisition for public purpose. As we have seen public purpose is a much wider
term and it is almost impossible to challenge it.
In the previous section 10.3.2, you have read about some of the features of the Wildlife (Protection) Act,
1972. This following subsection will deal with the provisions for the declaration of the area as a sanctuary and
as national parks.
10.3.3 Declaration of Area as Sanctuary and National Park
Declaration of the Area as Sanctuary: Under section 26A of the Act once the claims including appeals have
been disposed of by the state government then the state government shall issue a notification to say that the
area has been declared as a sanctuary from a particular date. The notification must specify the limits and
boundaries of the sanctuary. If a reserved forest or territorial water has to be declared as a sanctuary the same
process shall be applied. If territorial waters are to be included then the state government must take the prior
permission of the Chief Naval Hydrographer and the central government. The section of the Act says that the
interests of fishermen must be guarded. It does not say how this is to be done. Section 18 of the Act had said
that the state government may not issue the declaration that it intends any area to be a sanctuary if that area is
a reserved forest or territorial waters. Yet section 26A of the Act lays down the procedure for doing so. Is
there a contradiction here? It seems so. Firstly, as to territorial waters, the explanation may be that before
finally notifying the area under section 26A of the Act as a sanctuary the state government needs permission
from other sources. But the Act does not say how the notification under section 18 of the Act is to be issued
for territorial waters. Secondly, for reserved forest the state government does not need anyone’s permission.
So there is some confusion here. Once an area is declared as a sanctuary the collector’s role ends. The
management then goes into the hands of the Chief Wild Life Warden. There is only one case in which the
declaration of land as a sanctuary was held void by a court. This is a case from Mizoram. This case has been
elaborated in Box 10.1 given below.

Box 10.1: Example of a Case Ruling by the Guwahati High Court

Here the Guwahati High Court decided that while the state government is entitled to declare any land
as a sanctuary (except land which comes under reserved forest or territorial waters), the government
must complete the process by following other sections of the Act. The Mizoram government had not
done so before declaring the area to be a sanctuary under section 26A of the Act. Therefore the Court
quashed the government order.

Chapter 4 of the Act also deals with national parks while section 35 of the Act sets out the procedure for
declaring an area as a national park. It says that sub-sections 18 to 26A of the Act shall apply here as well.
The exception is that section 24 subsection 2 clause (c) of the Act shall not apply. This provision allows
persons to continue to exercise their rights in the sanctuary. This right will not be extended to national parks.
Although Ramu was allowed to fetch firewood from the sanctuary, his friend Gopal will not be allowed to do
the same in a national park. Boundaries of a national park may be altered only with permission of the State
Legislature. This provision does not apply to sanctuaries. Grazing and entry of domestic animals is
specifically prohibited. Under section 37 of the Act the central government has the power to declare a
particular area as a sanctuary or a national park. Sub-sections 18 to 26 of the Act shall apply to this process as
well.
Thus power arises if the state government leases land to the central government. The central government may
declare an area to be a national park even if the area is already a sanctuary. For the purpose of declaring an
area to be a sanctuary or a national park the powers of the collector are identical. The use of the two areas and
rights of people who reside in those areas will vary. But that has nothing to do with land acquisition. It has to
do with management of the land and that is within the capacity of the Wild Life Warden.
Check Your Progress 2
i) What is the purpose of the proclamation under the Wild Life (Protection) Act, 1972?
ii) If someone does not file a claim, are his rights lost? Can a person object to the establishment of a
sanctuary?
iii) Name the three steps that the collector can take after he has heard the claims.
iv) Can the central government declare an area to be a sanctuary? In what circumstances can it do so? Can the
central government declare a sanctuary to be a national park? Do people have the same rights in a national
park as they do in a sanctuary? How are these rights different?
Let us now discuss the Indian Forest Act, 1927 and its main provisions.

10.4 PROVISIONS OF THE INDIAN FOREST ACT, 1927

The main act is the Indian Forest Act, 1927. It is supported by the Forest Conservation Act 1980. Let us first
examine the Indian Forest Act. It was first passed in 1878 and then replaced with a new Act in 1927. It has
been amended several times after Independence. We shall refer to the Indian Forest Act as the Forest Act or
this Act or the Act. This Act does not apply to all of India. After 1956 it applied to the states of Bihar,
Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh, and West Bengal. At the same time
the states were given the power to make the Act applicable in part or in full to themselves (see Guha 1990 and
1994). Find out if your state comes under the Indian Forest Act or it has its own Act.
Definitions: The Act does not define a forest. Nagpur High court has said that forest may be defined as per the
Oxford English dictionary. A forest is a large tract of land covered with trees and other vegetation. It may also
have patches of cultivated land. This Act deals with reserved forests and protected forests. Neither of these
terms is defined. We shall see how they differ. Many of the procedures for declaring a forest as reserved are
the same as in the Wild Life Act.
The procedures: The state government must issue a notification under section 4 of the Act, in the official
gazette that it intends to constitute any land as a reserved forest. It must specify the limits of the land clearly.
It is enough if the notification mentions the rivers, hills or other land marks on the boundaries. It must appoint
a Forest Settlement Officer (FSO) to look into the rights of people.
Effect of the notification: After the notification is issued no new rights in the land may be acquired, except
by succession or by grant or contract either with the government or with the private holder.
i) After the notification the FSO must publish a proclamation under section 6 of the Act in vernacular
languages in every town and village in the neighbourhood. He must ask people to state their claims in
writing or in person. This must be done within three months.
ii) Under section 7 of the Act the FSO must make an inquiry into all claims as well as rights for which no
claim has been made if he can identify them from government records or any other evidence. This
provision is the same as in the Wild Life Act. Section 9 of the Act says that all rights for which no claim
has been made and which have not been discovered independently by the FSO shall be extinguished. This
shall be so unless the person who holds those rights can show the FSO before final notification why he did
not make his claim within three months. Three sections of the Act deal with claims to forest lands. They
are section 10, section 11 and section 12 of the Act.
iii) Treatment of claims under section 10 of the Act is a separate section under the Forest Act which takes
account of the practice of shifting cultivation amongst tribals. Section 11 and section 12 of the Act deal
with all other rights. Under section 10 of the Act, the Forest Settlement Officer (FSO) hears all claims
regarding shifting cultivation. He also discusses the custom and rules under which it is permitted or
regulated. He then makes his report to the state government. The government may then prohibit or allow
the practice in full or in part. If the government permits the practice fully or partly then the FSO shall take
any three of the following decisions.
• He may alter limits of the reserved forest to allow shifting cultivation in a locality suitable to the
claimants. This means that they may not be allowed to cultivate the original lands.
• He may set aside certain areas under settlement for shifting cultivation. There does not seem to be
much difference between the two steps. His decision will need the approval of the state government.
The practice can be controlled or abolished anytime by the government. No compensation is paid if
the claim is rejected.
All other claims are dealt under section 11 of the Act. They are dealt with by the FSO. These do not include
the right of way or right to pasture or right to forest produce or a water way.
The FSO may admit the rights or reject them. If he admits them he can exclude such land from the reserved
forest, he can make an agreement with the owner to give up claims, or he can acquire them. The whole
process of acquisition will take place under the LAAct. The FSO will act as the Collector.
Under section 12 of the Act all claims to forest produce or pasture will be either admitted or rejected. Under
section 13 of the Act, when he makes the claim regarding forest produce or pasture, the FSO must record the
names and addresses of the claimants, he must also record all the particulars of the lands and buildings. If
these rights are admitted the FSO must also record the number and description of cattle which are allowed to
graze and the season in which they are allowed to graze. He shall also record the amount and kind of timber or
other forest produce they may take out and in which season. He must also record if the claimant may sell or
barter the forest produce. Under section 15 of the Act, the FSO may set aside a part of the reserved forest, or
he may set aside some other forest area for the use of the claimants which is convenient to them; or he may
allow them to use certain parts of the reserved forest at certain times. If the FSO is unable to allow the
claimants to use any such rights he can commute the rights by paying compensation or giving them alternate
land. This is under section 16 of the Act. Under section 25 of the Act the FSO can stop access to every
waterway or footpath after giving an alternative to the users. For this he needs the prior permission of the state
government.
Section 18 of the Act provides that appeals under sub-sections 11, 12, 15, 16 of the Act are to be heard by the
state government. Section 20 of the Act lays down that when all claims have been disposed of, or the period
for making them is over, then the state government may issue a notification in the official gazette, declaring
the land to be a reserved forest. As per section 21 of the Act the FSO shall have the notification translated into
the local language and put up in every town and village in the neighbourhood. This provision is also similar to
the provision in the Wild Life Act.
Power to revise its decisions: This is an unusual power not found in any of the other Acts we have examined.
Section 22 of the Act empowers the government to revise any arrangement made under sub-
sections 15 and 18 of the Act within five years of the notification under section 20 of the Act. Under section
15 of the Act, rights to land are admitted and under section 18 of the Act, appeals against their rejection are
heard. This power means that the government may go back on its decisions and take away the rights it has
recognised. It is hardly likely that this power will be used to accept an appeal that has been rejected. Section
27 of the Act allows the government to dereserve the forest by issuing another publication. However the rights
that were extinguished in the forest will not revive. It is therefore difficult to understand the significance of
this section.
This section will acquaint you with the different types of forests. It is essential to know about them as this Act
has a different applicability with regard to each one of the various types of forests
10.4.1 Different Types of Forest
Village forests: One single section, section 28 of the Act deals with village forests. The rights over these
forests are allotted to village communities. At the same time the government has the power to make rules for
its management and decide the conditions on which anyone may use any forest produce. The village forests
are governed by the same provisions as the reserved forests unless they are inconsistent with their character.
This chapter creates village forests only in name. It seems the government saw the need to acknowledge the
rights of the community to manage the forest but was unable to surrender its control. The situation is very
much the same now.
Protected forests: This is a much less severe provision. It regulates the use of certain lands which belong to
the government Under section 29 of the Act, the government is permitted to declare wastelands and forests
which are not reserved as protected forests. But it may not do so before recording the rights of government
and the people on the land. If the process will take too long, the government can issue an interim order to
declare the land as protected forest but this declaration will not affect the rights of the people. Under section
30 of the Act certain trees may be reserved or a portion of the forest may be closed off to the public for thirty
years, provided the rest is sufficient for their use. The state government also has the power to forbid certain
acts in protected forests such as burning of lime or charcoal, removal of forest produce from the forest,
quarrying of stone, clearing or breaking land for cultivation, pasturing or building. All these powers are
exercised by the Conservator of Forests although the Act does not specifically say so.
After having discussed the previous two acts in sufficient detail, we come to the final act in this Unit i.e. the
Forest Conservation Act, 1980.
10.4.2 The Forest Conservation Act, 1980
The Forest Conservation Act, 1980
This Act has a single purpose i.e. to conserve forests and to prevent deforestation. The controlling authority is
the Central Government. The Act has only four sections. During late 1970s the Government of India was
seriously alarmed at the rapidity with which forests were disappearing. Apart from encroachments the state
governments themselves were misusing their power under section 27 of the Forest Act to dereserve a reserved
forest, or to convert any forest land to non-forest uses. The central government had therefore issued an
ordinance in 1980 to control deforestation. Section 2 of the Forest Conservation Act expressly forbids such
acts without the prior permission of the central government. The explanation to the section says that clearing
the land for coffee, tea, rubber or spice plantation or for growing medicinal plants is putting the land to non
forest use. However the land may be used to establish check posts, fences, bridges, dams, and waterholes etc
that are necessary for management of wild life or of forests. When the Maharashtra government wanted to
give forest lands to settle the Project Affected Persons of the Sardar Sarovar dam, the prior permission of the
Central government had to be taken (see Hiremath 1995).
Check Your Progress 3
i) What is the effect of the notification under section 4 of the Act? Does this Act recognise the existence of
shifting cultivation? How? Who admits the claim to shifting cultivation? What does the FSO do after that?
ii) How does the FSO deal with claims to forest produce? How does the FSO deal with claims to right of
access to a path?
iii) Explain the government’s power to revise its decisions.
iv) What is a village forest? What is a protected forest?
v) What is the purpose of the Forest Conservation Act, 1980?
vi) Which is non-forest use of land? Which kind of use of forest land does the Act allow?

10.5 LET US SUM UP

In this Unit, you have learnt about three acts i.e. the Wild Life (Protection) Act of 1972, the Indian Forest
(Conservation) Act of 1980 and also the Indian Forest Act of 1927. These acts stress on the value of
conserving forests and wild life which is for our greater good. The acts also give us vital information about the
rights of compensation and penalty, which are of immense use to the concerned persons.

10.6 CUES TO CHECK YOUR PROGRESS

Check Your Progress 1
i) A Wildlife Act is essential to protect all living creatures (non-domestic), regulation of zoos, conservation
of vegetation, prohibition of hunting wild animals and illegal trade or removal of protected plants or
species.
ii) The first point of difference is that the Wild Life Act need not go through a detailed process to acquire
land like other acts. Secondly, it details the powers of two authorities i.e. the collection and the Chief
Wildlife Warden and thirdly, the concerned government in this Act is the state government.
iii) Land includes canals, creeks, reservoirs, streams, lakes (natural/ artificial), marshes and wetlands, rivers,
boulders etc. This definition is different from the LAAct.
iv) Under section 18 of the Act, the State Government can declare an area to be a sanctuary. It does not have
to publish a declaration of acquiring the land.
v) The Collector has to find out if any persons have rights in the land, the nature and extent of those rights
etc.
No, his duties are different. In the LA Act, the Collector gives permission to dispose of the land, construct
any building etc.
Check Your Progress 2
i) The purpose of the proclamation under is to find out who has what rights in the land. The proclamation is
published in the regional language of the particular area by the collector. The proclamation must specify
the limits of the area and its situation. It also asks an interested person in the land to make a written claim
to this effect.
ii) If a person does not make a claim, his rights are not lost as under section 19 of the Act, the collector has to
inquire into all rights which may arise even if no claim has been made. Both oral and recorded evidence
are examined by the Collector.
iii) The three steps are firstly, he may exclude land from the sanctuary, start proceedings to acquire such land
for the sanctuary and lastly he may allow the rights to continue in the sanctuary after consultation with the
Chief Wild Life Warden.
iv) Yes, the central government can do so under sub-sections 18 to 26 of the Act. A sanctuary can be declared
to be a national park. People do not have the similar rights in a national park and a sanctuary. In a
 sanctuary, people can continue to exercise their rights of for example that of grazing their cattle or
collecting firewood. However such rights are not recognised in a national park.
Check Your Progress 3
i) After the notification is issued, no new rights to the land may be acquired except by grant or contract with
the government/ private holder. The FSO must publish a proclamation in vernacular languages asking
people to state their claims into which he inquires.
The Forest Settlement Officer (FSO) admits the claims of shifting cultivation. After that he can alter the
limits of the reserved forest to allow cultivation. He can also set aside certain areas for cultivation.
Shifting cultivation is recognised amongst tribals according to section 10 of the Act.
ii) After the claim is admitted by the FSO, under section 13 of the Act, he also records the names and
addresses of the claimants, amount and kind of forest produce they may take out in which season, whether
they can sell or barter it etc. The FSO can stop access to every waterway or footpath after giving the
concerned people an alternative. For this he needs the prior permission of the state government. He
can also admit the claim.
iii) Section 22 of the Act enables the government to revise any of its decisions made under subsections 15 and
18 of the Act within five years of the notification. This power means that the government and go back on
its decisions and take away the rights it has recognised.
iv) A village forests means that the rights of such forests are allotted to the village communities but the
government has the right to make rules for its management and decide the conditions for its use. The
village forests are governed by the same rights as the reserved forests.
Certain land like wastelands and forests can be declared to be protected forests by the government under
section 29 of the Act. It may not do so before recording the rights of the governments and people on the
land.
v) The Forest Conservation Act, 1980 has a single purpose, it is to conserve forests and prevent any
deforestation.
vi) Section 2 of the Forest Conservation Act, 1980 forbids deforestation and does not allow rubber or spice
plantation or for growing medicinal plants clearing of land for growing coffee, tea. It allows land to be
used for establishing check posts fences, bridges, dams etc. In other words, the use the land is put, must be
necessary for management of wild life or forests.

10.7 GLOSSARY
Forest Produce : All the things which are generated by the forests – timber, lac,
rubber, fruits, firewood etc.
Shifting Cultivation : The process of clearing different tracts of land time to time for the
purposes of agriculture.
Wildlife : All living non-domestic creatures living on land, in water or in the
sky.

10.8 REFERENCES
Christian de Saussay 1987. Land Tenure System and Forest Policy. FAO Legislative Study paper No. 41:
Rome
Guha, R. 1990. An Early Environmental Debate: The Making of the 1878 Forest Act. The Indian Economic
and Social History Review 27(1): 65-84
Guha, R. 1994. Forestry Debate and Draft Forest Act: Who Wins and Who Loses? Economic and Political
Weekly 29(34): 2192-2196
Hiremath, S.H. et al. 1995. All About Draft Forest Bill and Forests Lands. SPS/CTC: Dharawad