Forest Legislation

FOREST LEGISLATION
Paper - 2 | Section - B
EDITION : 2020
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SYLLABUS
▪ POLICY : History of forest development; Indian Forest Policy of 1894, 1952 and 1988. National
Forest Policy 1988 of People’s involvement, Joint Forest Management, Involvement of women;
Forestry policies and issues related to land use, timber and non-timber products, sustainable
forest management; industrialisation policies; institutional and structural changes.
Decentralization and Forestry Public Administration.
▪ FOREST LAWS : necessity, general principles, Indian Forest Act 1927; Forest Conservation Act,
1980; Wildlife Protection Act 1972 and their amendments;
▪ Application of Indian Penal Code to Forestry.
MARKS DISTRIBUTION
Subjects 2019 2018 2017 2016 2015 2014 2013 2012 2011
Forest policies × 15 8 × 25 10 10 15 ×
Forest Acts 15 × × 10 10 × 10 8 20
Application of IPC × × × × × × × × ×
Total 15 15 8 10 35 10 20 23
CONTENTS
SN Topic Page No
1. Forest Policies 146 - 160
2. Forest Acts 161 - 170
3. Other related laws 171 - 173
Paper-2 | Section-B 07223970423 Hornbillclasses@gmail.com 144

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PREVIOUS YEAR QUESTIONS
• Write in detail regarding the appointment of authorities and restrictions of hunting of wild
2019
animals under the wildlife (Protection) Act of 1972 (Marks 15).
• What are the main differences between forest policy and forest laws ? Give salient points of
2018
the National Forest Policy of 1952 and 1988 (15 m).
2017 • Narrate the background and objectives of implementation of national forest policies of India (8 m).
• Compare and contrast the Indian Forest Act, 1927 and the Forest Conservation Act, 1980 (10 m).
2016 • How are “Environment”, Environmental pollutant” and “Hazarous substance” narrated in
environment (protection) act, 1986 ? (10 m).
• Give a comparative and appropriate statement on the Natural Forest Policy of 1988 with that
of 1952 (15 m).
• Describe the role of Permanent Forest Policy after its enactment for the regulation of forestry
management in India (10).
2015
• Enumerate and discuss the factors responsible for restricting tribal population in the National
Parks (10 m).
• Discuss the important role of The Wildlife Protection Act, 1972 in forest management. Give
salient points only (10 m).
• Describe the salient features of National Forest Policy 1988. How does it differ from the 1952
2014
Forest Policy? (10 m).
• What are the factors responsible affecting forest policy ? Discuss (8 m).
• Mention the salient features of National Forest Policy, 1988, and discuss its advantages over
2013
N.F.P. 1894 (10 m).
• Describe the salient features mentioned in the new Draft Forest Bill, 1994 (10 m).
• Bring out the background and need for Forest Policy of 1988 with its basic objectives (15 m).
2012 • Attempt the following, keeping your answers brief and to the point : (a) Describe Section (2)
of Forest Conservation Act of 1980 (8 m).
• Write the composition of National board of wildlife. Explain the provisions of the Sections of
2011
wildlife (Protection) Act 1972, Used to declare an area as ‘Sanctuary’ (20 m).
2010 • What are the functions of Indian board for wildlife with regard to conservation of wildlife ? ( 10 m).
2009 • Explain the application of the Indian penal code in forestry (10m).

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Chapter 1 FOREST POLICIES
SYLLABUS : History of forest development; Indian Forest Policy of 1894, 1952 and 1988. National Forest
Policy 1988 of People’s involvement, Joint Forest Management, Involvement of women; Forestry policies
and issues related to land use, timber and non-timber products, sustainable forest management;
industrialization policies; institutional and structural changes. Decentralization and Forestry Public
Administration.
We require various acts and policies to protect, conserve, exploit, and sustainably manage our vast
natural resources, and we have been doing this since ancient times. However, with the passage of
time, the technical complexity in them increased further. In today's era, the main Acts and policies
for managing our precious forests are as follows -
▪ Forest Policies - 1894, 1952, 1988, and current draft (2018).

▪ Important Acts on Indian Forests
➢ Indian forest act - 1927 and its amendments
➢ Forest (Conservation) Act-1980 and its amendments
➢ Wildlife (Protection) Act-1972 and its amendments
➢ Environment (Protection) Act-1986 and its amendments
➢ Biological diversity act-2002
➢ Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006.
1.1 | HISTORY OF FOREST DEVELOPMENT
• MAURYA PERIOD : Chandragupta Maurya was the first king who took effort to look after the
forest of his kingdom by appointing Kupyadhyaksha.
Kautilya arthashastra : head of forest dept “Kupyadhyaksha” assisted by a number of vanpalas
(Forest guards). They classified forest into 4 parts (1) forest reserve for the king, (2) reserve
forest for the state, (3) forest donated to the Brahmins, and (4) forest for the public.
• GUPTA PERIOD (4th – 5th Century AD) : During the Gupta period, large grants of land as a
Brahmadey to expand agriculture in Central India, especially during Samudragupta and
Chandragupta-2. However, these deforestations were very limited, as forests were an integral
part of their lives (i.e. Van prastha and Sanyash ashram) and people along with contemporary
rulers exploited them in a very limited way.
• DURING ISLAMIC RULE : The Abrahamic philosophy that man is the supreme creation of God
and everything that surrounds us is designed for its consumption and welfare. Such theories
make the human and the ecosystem a separate entity and give religious permission to be

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exploited in an uncontrolled destructive way, due to which deforestation gained further

momentum in the name of expansion of agriculture, hunting, attacking over other rulers.
However, the people at large were still governed by Indian cultural values, so they did not have
much influence and during Akbar's reign, about 85% of the country's area was still forested.
• BRITISH RULE : The endgame of forest destruction actually began with the advent of colonial
rule riding with the Industrial Revolution, political rivalry, theology, and greed (Probably you
already know this as given in NCERT)
➢ In 1806, the Mardas govt. appointed Captain Watson as the Conservator of the forest to
prevent its uses by Indian people, and ensure that only the company can exploit these
forests.
➢ 1842 : Conolly, Collector of Malabar region establish Nilambur Teak plantation. The 1st Teak
plantation of India, which has recently get GI Tag.
➢ 1864 : Forest department set up + Dietrich Brandis appointed as first IGF of India
➢ 1865 : Indian Forest Act passed
➢ 1867 : Indian Forest Service started.
➢ 1871 : 1st Working plan for Nilambur started, which was completed in 1895 [1st working
plan of India formed in which year].
Colonial policies made famine a periodic disaster, and after every 4/5 years there was a famine
in some part of the country especially after the 1860’s
SN Famine Region Deaths

1. Upper Doab famine of 1860-61 Western UP & area around Agra-Delhi 2 million
2. Orissa famine of 1866-67 Orisha and Bellary-Ganjam districts of 4/5 million
Madras.
3. Rajputana famine of 1869 Ajmer, Western Agra, Eastern Punjab 1.5 million
4. Bihar famine of 1873–74 Bihar Not available
5. Great Famine of 1876–78 (also Almost complete south except some 7/10 million
Southern India famine of 1876–78) areas of the western ghat.
There is no need to remember these things, just to understand the seriousness of the issue.
Due to the rise of Congress and nationalism, the colonial government appointed Dr. Volker in
1890 to study the issue of Indian agriculture and suggest ways and means to improve it. In 1893
presented his report "Reforms in Indian Agriculture" with a separate chapter on forests (Chapter
8). Which laid the foundation of the forest policy of 1894.

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1.2 | FOREST POLICY - 1894
▪ BACKGROUND : Dr. Voelker report (1893) on Indian agriculture.

▪ SALIENT FEATURES :
⁎ The main object of forest management is – to promote the general wellbeing of the
country.
⁎ The maintenance of adequate forests is dictated primarily for the preservation of the
climatic and physical conditions of the country and also for meeting the basic requirements
of the people.
⁎ The government-owned forests have been classified in this forest policy as -
⁎ Preservation of the climatic and physical conditions of the country
(1) Forests whose preservation is required on climatic and physical grounds.
(2) Forests for supplying valuable timber for commercial purposes.
(3) Minor forests.
(4) Pasture lands.
⁎ It also classified forest as
These forests are generally situated on hill slopes where the preservation of
1st class forest such vegetation essential to the protection from the devasting action of hill
torrents on the cultivated plains that lie below them
The forest area which supplies more valuable timbers like - Teak, Sal, Deodar,
etc. should be managed mainly on commercial lines as valuable properties of
2nd class forest
and sources of revenue to the State. However, Grazing and other rights are
permitted but very limited.
The forest patch which has the vegetation of some inferior quality. So,
maintained it to primarily fulfill the demands of fuelwood and fodder to the
3rd class forest
manufactures, railways, and like purposes as well as the local community. It
must be mainly managed as commercial undertakings.
It is referred to are pastures and grazing grounds, which usually forest only in
name. It is often convenient, indeed, to declare them forests under the Act, in
order to obtain a statutory settlement of the rights which the State on the
one hand, and private individuals or communities on the other, possess over
4th class forest
them. But it by no means follows as a matter of course that these lands
should be subjected to any strict system of conservation, or that they should
be placed under the management of the Forest Department. The question of
agency is purely one of the economies.
➢ This policy further provides that -

a) Permanent cultivation must get precedence over forestry.
b) Fulfillment of the basic forest-based needs of the local people at non-competitive
rates.

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c) Obtaining the maximum revenue.
⁎ DEFECTS IN THE NATIONAL FOREST POLICY OF 1894 :
⁎ This policy was enunciated by the Britishers which was formulated to suit the needs of the
British regime. So, it did not consider issues like the management of forest productivity in a
sustainable way, tribal rights, grazing rights or regulation of water and other ecological
resources, etc.
⁎ The policy has mandated public benefit as a sole issue and did not consider other
conservation issues.
⁎ British recognized shifting cultivation as an issue, but the policy silent on it.
⁎ The policy did not impose any restrictions on the diversion of forest land for agriculture
purposes.
2007 : Which are the defects in the
⁎ It was silent on forest education and research as well as National Forest Policy of 1894 and
conservation of forest by educated and skilled staff. 1952 ? (10m)
⁎ It neither considers the growing demands of Indian industries nor the needs of Indian
society which leads to increased deforestation.
⁎ Wildlife is a major part of forest management and the policy did not make any provision for
conservation and management of wildlife population which has started decreasing due to
more human interaction.
1.3 | FOREST POLICY - 1952
⁎ BACKGROUND : many new conditions and markets emerged after 1894, so it required some
changes with the new aim and goals for independent India instead to support British interest
lead forest policy.
⁎ Demand for food and fodder had increased manifold with increasing human and cattle
populations.
⁎ Many new forest-based cottage and cooperative industries were growing, and they needed
protection and promotion after independence.
2017 : Narrate the background and
⁎ The previous policy (1894) did not contain any
objectives of implementation of
provision regarding the management of the private national forest policies of India (8 m).
forest. 2007 : Which are the defects in the
National Forest Policy of 1894 and
⁎ The British considered shifting cultivation a problem
1952 ? (10m)
because it harmed their interests, however, we still
considered it a problem, but we were allowing it because of public interest.
⁎ We needed a policy-backed idea of what percentage of forest cover out of our total
geographical area was necessary to maintain our natural ecosystem without harming our
economic interests.

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⁎ Forestry research and training get significance increases.

⁎ The importance of wildlife management further increases, especially after the
establishment of wildlife sanctuary and national parks.
⁎ We further need to support Sustained yield of forest management
⁎ SALIENT FEATURES
➢ IDENTIFIED 6 PERMANENT NEEDS OF THE NATION
⁎ Needs to evolve a system of balanced and complimentary use of forest land

⁎ Needs to check - denudation in the mountain region, erosion of treeless bank rivers,
and invasion of sea sands on coastal tracts.
⁎ Establishing tree lands*** wherever possible, for the amelioration of physical and
climatic conditions and promoting the general wellbeing of the people.
⁎ Needs to ensure progressively increasing supply of grazing, small wood for agricultural
implements, and firewood to release cattle dung for manure to increase food
production***
⁎ Needs for sustained supply of timber and other forest produce required for defense,
communication, and industry.
⁎ Fulfillment of revenue needs.
➢ FUNCTIONAL CLASSIFICATION OF INDIAN FOREST***
⁎ Protected forest : those forests which must be preserved or created for physical and
climatic considerations;
⁎ National forest : those which have to be maintained and managed to meet the needs
of defence, communications, industry, and other general purposes of public
importance.
⁎ Village forest : those which have to be maintained to provide firewood to release cow
dung for manure and do yield small timber for agricultural implements and other
forest produce for local requirements, and to provide grazing for cattle.
⁎ Tree land : those areas which though outside the scope of the ordinary forest
management are essential for the amelioration of physical conditions of the country.
➢ TWO POSSIBLE CONSIDERATIONS :
⁎ Claims of neighboring communities - Village communities in the neighborhood of a

forest will naturally make greater use of its product for the satisfaction of their
domestic and agricultural needs.
⁎ Give preference to agriculture over forest land (to fulfill food demand).
➢ POLICY GOALS, TO MAINTAIN ECOLOGICAL BALANCE
⁎ 1/3 of the total geographical area of the country under forest cover (33 %).

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⁎ In Hills and Mountains, the 60 % area should be under it.
⁎ ISSUES IN THE NATIONAL FOREST POLICY OF 1952 :
Since the arrival of the National Forest Policy 1952, there has been tremendous
development across the country in terms of use of wood and wood products, coming-up of new
industries, diversion of forest land for non-forestry purposes (i.e. Fruit belt project in Shivalik
hills), development of infrastructures like roads and communication facilities, construction of
dams and reservoirs, etc. which resulted in the decline of forest cover at an alarming rate. It has
been estimated that during the period between the 1950s and 1980s the country has lost over
1.5 million ha per annum. This has necessitated a change in forest policy which has not been
addressed by the National Forest Policy 1952.
➢ Production v/s conservation : The 1952 forest policy leaned more towards production as
there was a shortage of food, fodder and rural employment, leading to large-scale
deforestation. However, after the advent of the Green Revolution, the policy goal shifted
toward conservation, especially after the Forest conservation act-1980.
➢ Mushrooming of new Industries : Many new industries have been established across the
country like sawmills, pulp and paper, plywood, veneer, particleboard, matchwood, sports
goods, pencil making, and construction industry. These industries caused extensive damage
to Indian forests and the Forest Policy of 1952 did not meet their demand for raw materials
of specific size and properties.
➢ Government v/s Participatory Management : Traditionally, Indian forests were managed by
the Forest Department with strict rules and regulations. The Forest Policy of 1952 did not
take into account the role of people in managing forests through participatory mode which
is a major drawback in the policy.
➢ Maintenance of Ecological Balance : The policy failed to create new alternative sources for
domestic and industrial raw materials, and due to continuous exploitation, forests are
degraded leading to ecosystem imbalances.
➢ Rights and Concessions : Policy has not taken into consideration the Rights and concessions
of forest dwellers. Result = political backed encroachment.
➢ Forestry Education & Research : The forest policy of 1952 was only deal with in-service
forestry education and department link research and does not take into consideration the
development of professional forestry education and research outside the purview of the
department.

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1.4 | NATIONAL FOREST POLICY 1988
⁎ BACKGROUND & NEED
⁎ Now the issue of food security is no more, and after raising the issue of global warming and
climate change, the emphasis was gradually shifted from production forest to conservation
forest.
⁎ Many new forest-based industries were being set up and they requiring specific raw material
especially the introduction and development of clonal forestry.
⁎ There is a need to address the tribal rights over the forest for their economic development.
⁎ Various international commitments over forest and wildlife.
⁎ Inclusion for forest and wildlife in 7th schedule as well as in directive principles of state policy
(DPSP). Many new Acts, policies and conservation programs related to it started (i.e. project
tiger)
2012 : Bring out the background and
⁎ Need for the guidelines on conservation of wildlife,
need for Forest Policy of 1988 with its
Biodiversity, and on compensatory afforestation. basic objectives (15 m).
2017 : Narrate the background and
⁎ BASIC OBJECTIVES : The principal aim of Forest Policy must be objectives of implementation of
to ensure environmental stability and maintenance of ecological national forest policies of India (8 m).
balance including atmospheric equilibrium which is vital for

sustenance of all lifeforms, human, animal, and plant. Other basic objectives are as follow -
⁎ Maintenance of environmental stability and restoration of ecological balance.
⁎ Conservation of natural heritage by preserving natural flora and fauna.
⁎ Soil and water conservation for preventing flood, drought, and reservoirs siltation issues.
⁎ Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal
tracts.
⁎ Meeting the requirements of fuelwood, fodder, minor forest produce, and small timber of the
rural and tribal populations.
⁎ Increasing the productivity of forests to meet essential national needs.
⁎ Increasing substantially the forest/tree cover in the country through massive afforestation and
social forestry programs, especially on all denuded, degraded, and unproductive lands.
⁎ Encouraging efficient utilization of forest produce and maximizing substitution of wood.
⁎ Creating a massive people's movement with the involvement of women, for achieving these
objectives and to minimize pressure on existing forests.
⁎ STRATEGY
➢ AREA UNDER FORESTS : The ‘national goal’ should be to have a minimum of 1/3rd (33 %) of the
total geographical area (GA) of the country under forest or tree cover. in the hills and
mountainous region, the aim should be to maintain 2/3rd cover (66 %). to prevent erosion and
land degradation and to ensure the stability of the fragile eco-system. [Remember, First, the

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1952 policy target is 33% and 60%, which has now become 33% and 66%. Second, each state
has its own state forest policy and its own target i.e. Rajasthan state forest policy-2010 targeting
20 % of the geographical area under green cover].
➢ AFFORESTATION, SOCIAL FORESTRY, AND FARM FORESTRY
⁎ Afforestation - A massive need-based and timebound program of afforestation and tree

planting, with particular emphasis on fuelwood and fodder development, on all degraded
and denuded lands in the country [National Afforestation and Eco-Development Board set
up in August 1992, is responsible for promoting afforestation, tree planting, ecological
restoration and eco-development activities in the country].
⁎ Extension forestry - Encourage tree plantation alongside roads, railway lines, rivers and
streams and canals, and on other unutilized lands under State/corporate, institutional or
private ownership. Green belts should be raised in urban/industrial areas.
⁎ Social forestry – Village (Panchayat) and community lands, including those not required for
other productive uses, should be taken up for the development of tree crops and fodder
resources. Technical assistance and other inputs necessary for initiating such programs
should be provided by the Government. The revenues generated through such programs
should belong to the panchayats or local community.
⁎ Farm forestry – Land laws should be so modified wherever necessary so as to facilitate and
motivate individuals and institutions to undertake tree-fanning and grow fodder plants,
grasses, and legumes on their own land. Wherever possible, degraded lands should be
made available for this purpose either on the lease or on the basis of a tree-patta scheme.
Appropriate regulations should govern the felling of trees on private holding
➢ MANAGEMENT OF STATE FOREST
⁎ No forest should be permitted to be worked without the Government approved

management plan, which should be in a prescribed format and in keeping with the
National Forest Policy. The Central Government should issue necessary guidelines to the
State Government in this regard and monitor compliance [ For this, the MoEFCC brought
the National Action Plan Code-2014.].
⁎ Enhance forest cover and productivity of the forests through the application of scientific
and technical inputs. Production forestry programs should also be oriented to narrowing,
by the turn of the century. Restriction on clear-felling of adequately stocked natural
forests.
⁎ Ban on the introduction of exotic species, through public or private sources, unless long-
term scientific trials undertaken by specialists in ecology, forestry, and agriculture have
established that they are suitable and have no adverse impact on native vegetation and
environment.
⁎ Schemes and projects which interfere with forests that clothe steep slopes, catchments of
rivers, lakes, and reservoirs, geologically unstable terrain and such other ecologically

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sensitive areas should be severely restricted. Tropical rain/moist forests, particularly in

areas like Arunachal Pradesh, Kerala, Andaman & Nicobar Islands, should be totally
safeguarded.
➢ RIGHTS AND CONCESSIONS : The rights and concessions from forests should primarily be for the
bonafide use of the communities living within around forest areas, especially the tribals.
⁎ Grazing rights as per the carrying capacity of forests. Stall-feeding of cattle should be
encouraged.
⁎ On the front of domestic energy, fuelwood needs to be substituted as far as practicable
with alternate sources like biogas, LPG, and solar energy. Fuel-efficient "Chulhas" as a
measure of conservation of fuel would need to be popularized in rural areas.
➢ DIVERSION OF LAND FOR NON-FOREST PURPOSES : Diversion of forest land for any non-forest
purpose should be subject to the most careful examinations by specialists from the standpoint
of social and environmental costs and benefits.
⁎ Projects which involve such diversion should at least provide – CAMPA plantation
⁎ No mining lease should be granted to any party, private or public, without a proper mine
management plan appraised from the environmental angle and enforced by adequate
machinery, and should be required to repair and re-vegetate the area after mining.
➢ WILDLIFE CONVERSION : forest management plans should include prescriptions for wildlife
conservation, especially for "corridors" linking the protected areas in order to maintain genetic
continuity.
➢ TRIBAL PEOPLE & FOREST : policy recognized the symbiotic relationship between the tribal
people and forests, and give the task to all agencies responsible for forest management for the
inclusion of tribal people in the protection, regeneration, and development of forests.
⁎ One of the major causes of degradation of the forest is illegal cutting and removal by
contractors and their labor. Therefore, contractors should be replaced by institutions such
as tribal cooperatives, labor cooperatives, government corporations, etc. as early as
possible.
⁎ Development of forest villages on par with revenue villages.
⁎ Family-oriented schemes for improving the status of the tribal beneficiaries
⁎ Undertaking integrated is a development program to meet the needs of the tribal, the
economy in and around the forest areas, including the provision of alternative sources of
domestic energy on a subsidized basis, to reduce pressure on the existing forest areas.
➢ SHIFTING CULTIVATION : Restrict it within the area already affected, by promoting improved
agricultural practices. The area already damaged by such cultivation should be rehabilitated
through social forestry and energy plantations.
➢ DAMAGES OF FOREST FROM ENCROACHMENT, FIRES, AND GRAZING

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⁎ There, should be no regularisation of existing encroachments.

⁎ Modern management practices should be adopted to deal with forest fires.
⁎ Grazing and browsing should be regulated with the involvement of the community.
Adequate grazing fees should be levied to discourage people in forest areas from
maintaining large herds of non-essential livestock.
➢ FOREST BASED INDUSTRIES
⁎ As far as possible, a forest-based industry should raise the raw material needed for
meeting its own requirements, preferably by the establishment of a direct relationship
between the factory and the individuals who can grow the raw material by supporting the
individuals with inputs including credit, constant technical advice and finally harvesting and
transport services.
⁎ No forest-based enterprise, except cottage level, should be permitted in the future unless
it has been assured the availability of raw material.
⁎ Farmers, particularly small and marginal farmers, would be encouraged to grow, on
marginal/degraded lands available with them, wood species required for industries.
➢ FOREST EXTENSION : involvement of people, education and training institutes (i.e. KVKs) to
inculcate the value of trees, wildlife, and nature.
➢ FOREST EDUCATION : Agriculture universities and institutions, dedicated to the development of

forestry education should formulate curricula and courses for imparting academic education
and promoting postgraduate research and professional excellence
➢ FOREST RESEARCH : Increasing the productivity of wood and other forest produce per unit of
area per unit time by the application of modern scientific and technological methods. Research
related to wildlife and management of national parks and sanctuaries
➢ PERSONNEL MANAGEMENT : To enhancing their professional competence & status, and

Attracting qualified and motivated personnel.
➢ FOREST SURVEY AND DATABASE : for better management of natural resources and modern
technology.
➢ LEGAL SUPPORT AND INFRA DEVELOPMENT : should develop adequate infrastructure at both
Centre and State levels in order to implement the policy effectively.
➢ FINANCIAL SUPPORT FOR FORESTRY : revised Policy cannot be achieved without the investment
of financial and other resources on a substantial scale. Forests should not be looked upon as a
source of revenue.
2015 : Describe the role of
SIGNIFICANCE OF THIS POLICY Permanent Forest Policy
after its enactment for
▪ The forest policies of 1894 & 1952 have stressed on the production & regulation of forestry
revenue generation aspects of the forests whereas the principal aim of management in India (10).
National Forest Policy, 1988 was to ensure environmental stability and maintenance of ecological

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balance including atmospheric equilibrium which are vital for the sustenance of all life forms, human,
animals, and plants.
▪ it also strengthening ecological security, sustainable forest management, and participatory forest
management.
2018 : What are the main differences between forest policy and forest laws? Give salient points of the
National Forest Policy of 1952 and 1988 (15 m).a
2015 : Give a comparative and appropriate statement on the Natural Forest Policy of 1988 with that of
1952.
2014 : Describe the salient features of National Forest Policy 1988. How does it differ from 1952 Forest
Policy?
2013 : Mention the salient features of National Forest Policy, 1988 and discuss its advantages over NFP
1894 (10 m).
▪ COMPARISION OF FOREST POLICIES
SN Parameters Forest Policy 1894 Forest Policy 1952 Forest Policy 1988
Ensure environmental
stability and maintenance
of ecological balance
Stressed on the production & revenue generation
1. Objectives including atmospheric
aspects of the forests
equilibrium which is vital
for the sustenance of all
lifeforms
⁎ Preservation forest ⁎ Protection forests

Forest ⁎ Forest for supply ⁎ National forest
2. Have no such classification
classification ⁎ Minor forest ⁎ Village forest
⁎ Pastureland ⁎ Tree land
Recognized a Symbiotic
People relationship b/w forest and
3. Have no such provision Few things but not much
participation tribal community. Suggest
starting JFM.
Target national goal of The national target is the

33% of GA under forest or same = 33% of GA.
Forest & Tree tree cover. In the hills, it However, it increases in
4. Have no such provision
cover would be 60 % of GA and hills up to 66 % and In the
in the plains, it would be plains, 20% of GA will
20 % of GA. remain.
5. Control over NO provision Few guidelines Detail guideline is given to

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private forest not only control but also

& Social promote industry-linked
forestry plantation
6. Land diversion Have no provision Silent on it Strict restriction on it.

Now Discourage and
Shifting
7. No coercive measures to restricted to the affected
NO provision
cultivation stop this
area
Support establishment of a
The protection is given to network of protection
Protection to
8. NO provision rare and endangered measure (i.e. wildlife
wildlife
species mainly corridors), Partially-ban on
the introduction of exotics
Allowed according to the
9. Grazing NO provision Allowed with nominal fees carrying capacity of the
forest.
Sustainable Detailed measures are

10. NO provision Limited scope
yield given
Forest was the main Industries need to develop

Forest-based Forest was the main
11. source of raw materials i.e. its own raw material
industries source of raw materials.
National forest. sources.
Forest Trained foresters are

12. NO provision Professional forester
administration recommended
Few guidelines, support Very detailed guidelines,

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education through rangers’ agricultural universities
education,
13. NO provision colleges. Research work will play an important role
training, and
restricted to department in forest education and
research
linked institutions. research.
Forest survey
For better management of
14. & Database NO provision NO provision
natural resources
management
Provisions for
15. development No No Yes
of forest infra

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Current affair : The ministry of environment, forest and climate change (MoEFCC) has framed a new
draft National Forest Policy 2018 in March 2018. The new forest policy aims to address the new
realities - Climate change, human-animal conflict and declining green cover.
1.5 | NATIONAL FOREST POLICY 2018 (Draft)
WHAT IS THE NEED OF THE NEW POLICY WHEN WE HAVE NOT YET MET THE GOALS OF OUR
PREVIOUS POLICIES?
⁎ Since the 1988 policy, international summits and conventions on the protection of forests,
wildlife and environment have been held and committed to the goals set there i.e. our INDS
target.
⁎ As a result of the implementation of the 1988 policy prescriptions, there has been an increase in
forest and tree cover and reduction in the diversion of forest land for other land uses. However,
the new challenges emerged like - low productivity of our natural forests, impacts of climate
change, human-wildlife conflict, intensifying water crisis, increasing air and water pollution and
the deteriorating environment and continuously declining investments in the sector. With this,
we also need to enhance forest ecosystem services, through new technological advancements.
GOALS & OBJECTIVES
⁎ Maintenance of environmental stability & sustainable use of ecosystem services.

⁎ Forest and tree cover = 1/3 of GA (33 %) and in Hills & mountain region = 2/3 of area (66 %).
[Same as for previous policy – 1988].
⁎ Contribute towards achieving forestry-related Nationally Determined Contribution Targets
(NDC’s) of the country.
⁎ Integrate climate change mitigation and adaptation measures in forest management through
the mechanism of REDD+ (Reducing Emissions from Deforestation and Forest Degradation plus)
so that the impacts of climate change are minimized.
⁎ Reverse the degradation of the forest by taking up a rehabilitation. Strict restraint on diversion
for non-forestry purposes.
⁎ Incentivizing agroforestry and farm forestry, with assured returns.
⁎ Checking denudation and soil erosion through integrated watershed management
STRATEGY
⁎ Reducing Threats to Forests (i.e. encroachment, illegal felling, forest fire, invasive weed) by
working plan/Management plan, Community participation (JFM).
⁎ Forest fire prevention : early warning system, Remote sensing, JFM.
⁎ Enhance Quality and Productivity of natural forests : enrichment plantation of locally suitable
indigenous species.

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⁎ Strengthen participatory forest management : a National Community Forest Management (CFM)

Mission will be launched.
⁎ Increase the productivity of forest plantations : plantations of commercially important species
like Teak, Sal, Sisham, Poplar, Eucalyptus, Casuarina, Bamboo, etc. with Intensive scientific
management. To speedup afforestation and reforestation activities = Public-private participation
models.
⁎ Biodiversity conservation : surveyed and documented the biodiversity of forest areas and
provide legal and administrative measures to protect them against bio-piracy. Adopt modern
techniques of ex-situ conservation of Relic, Endangered, and Threatened (RET) species.
⁎ Management of forests to be as per the approved Working Plan. Private forests/ forest
plantations/ tree lots will be regulated as per the management plans.
⁎ Non-Timber Forest Produce (NTFP) such as medicinal and aromatic plants, oilseeds, resins, wild
edibles, fiber, bamboo, grass, etc. provide sustenance to forest-dependent communities by
supplementing their food and livelihood security.
⁎ Promote agroforestry and farm forestry : through operational support systems, PPP model, a
wood certification system, and Price assurance by promoting pre-production agreements
between the farmers and the forest-based industries. Massive awareness and extension services
for the promotion of agroforestry will also be launched.
⁎ Promoting urban greens
⁎ Forest certification system
⁎ Develop a national forest ecosystem management information system – to easily access the
growing stock & carbon stock in Indian forests.
⁎ Wildlife management : To address the issues of human-animal conflict it proposes for Quick
response, dedicated teams of well-equipped and trained personnel, mobility, strong interface
with health and veterinary services, rescue centers, objective and speedy assessment of damage
and quick payment of relief to the victims would be at the core of the short-term action.
⁎ Management of North-Eastern Forests : Most of the forests (about 85% - 90%) are community-
owned, and have a vital impact on climate, agriculture production, and mitigation of floods in
the plain areas. So, digitized their boundaries, Capacity building to manage it, etc.
⁎ Legal and institutional frameworks : A National Board of Forestry headed by the central minister
in-charge of forests and State Boards of Forestry headed by state minister in-charge of forests
will be established for ensuring inter-sectoral convergence, simplification of procedures, conflict
resolution, and periodic review.
⁎ Financial support : Budgetary allocation of funds to the state by the Finance Commission
according to the weight of forest resources of the states + CAMPA fund + Tapping funds from
other national sectors like Rural Development, Tribal Affairs, National Highways, Railways, Coal,
Mines, Power, etc.

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⁎ Training and Skill development : Stress will be given on training of frontline staff who are at the
cutting edge of the forest department through Forest Skill Development Centres. Collaboration
would be set up for Forest-based industries with forestry institutions to feed the demand of
trained professionals.
⁎ Research and Education
THE POLICY IS CRITICIZED FOR
⁎ Involving private concerns for afforestation and reforestation activities pointing out that this
would mean privatization of India’s natural resources and creating private forests.
⁎ It doesn’t provide mechanisms on how these objectives will be achieved considering the
competitive demands for forestlands.
⁎ The draft policy orients itself more on the conservation and preservation of forest wealth rather
than regenerating them through people’s participation.
⁎ The policy does not discuss in detail the contentious issue of diversion of forest land for mining
and other purposes.
⁎ 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.
NOTE : Questions like this “ IFoS-2013 : Describe the salient features mentioned in new Draft Forest Bill, 1994
(10 m)” guide us that possibility of new policies and act that even didn’t part of the syllabus can be
asked, that’s why we need to study Forest policy 2018 draft or at least its review.

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Chapter 2 FOREST LAWS
SYLLABUS : Forest Laws - necessity, general principles, Indian Forest Act 1927; Forest Conservation Act,
1980; Wildlife Protection Act 1972, and their amendments.
Laws is a body of principles recognized and applied by the state in

IFoS 2018 : What are the main
the administration of justice. differences between forest policy
and forest laws ? Give salient points
➢ Forest Law : All principles, regulations, or acts that governing of the National Forest Policy of 1952
and 1988 (15 m).
the forest and its related activities either inside or outside of the
forest.
⁎ Law is a generic term, whereas ‘Acts’ pertain to a specific situation.
➢ Forest policy : policy is a purposeful course of action, undertaken by an organization that is
dealing with the uses and management of forest resources.
Forest Law Forest Policy

Laws or ‘Acts’ are related to regulate and The policy is a guiding principle and related to our
govern a particular situation or act. If you future Goal where we want to go. If someone
violate it you will be punished. violates it, there is a provision of punishment.
By Executive decision, no need to go through

Passed by Parliament
parliament
2.1 | INDIAN FOREST ACT - 1927
The Indian Forest Act, 1927 was an act to consolidate the then existing laws relating to the
forest, the transit of forest products and duties that can be levied on "Forest Product" as defined in
Section 2 (iv) (a) and (b) of the act. The act deals with reserved forest, village forest, protected forest,
control over forests and lands not being the property of the government, the duty on timber and
other forest produce, regulation transit of forest products, collection of timber, penalties and
procedures, cattle - trespass, forest officers and other miscellaneous provisions.
Section 1 : This act may be called the Indian forest act, 1927
Extent – Whole India.
Section 2 : Definitions –
Chapter : 1 Preliminary
“Tree” includes palms, Bamboos, Stumps, brushwood, and canes.
(Bamboo has been removed from this definition through the
Indian Forest (Amendment) Act, 2017).

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Section 3* : The state government may constitute any forest land or

wasteland which is the property of govt or have rights over it as a
reserve forest.
Section 4 : issue notification about it, appoint a forest settlement officer
(which shall not be holding any forest office except that of forest
Chapter 2 : Reserve forests *** settlement officer).
Section 8 : Power of Forest Settlement-officer.
⁎ power to enter, by himself or any officer authorized by him for
the purpose, upon any land, and to survey, demarcate and
make a map of the same
⁎ the powers of a Civil Court in the trial of suits
Section 28* : State govt may assign to any village community + May make
Chapter 3 : Village forests***
rules to regulate and manage it.
Chapter 4 : Protected
Section 29* : The state govt may declare any forest land……
forests***
Chapter 5 : the control over Section 35 : State govt may regulate or prohibit in the forest or wasteland
forests and lands ⁎ Breaking up or clearing of land for cultivation
not being the ⁎ The pasture of cattle
property of govt. ⁎ for the preservation of public health
Chapter 6 : duty on timber and
Section 40 : the central govt may lavy in such manner and rate as it may
other forest
declare by notification.
produces
Chapter 7 : Control of timber
and other forest Section 41 : Control over all river and land transportation
produce in transit
Chapter 8 : Collection of Drift
and standard timber
Chapter 9 : Penalty and
Section 52* : Seize any property i.e. tools, boats, cattle.
procedure***
Chapter 10 : Cattle trespass***
Chapter 11 : Forest officers***
Chapter 12 : Subsidiary rules Section 76 : state govt may make rules
Chapter 13 : Miscellaneous
Current Affair
Draft Indian Forest (Amendment) Bill 2019 - In March 2019, the government uploaded a draft for public
comment to strengthen this 90-year-old Act as per the contemporary circumstances with further
strengthening the power of the Forest officials. However, later it was withdrawn.

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THE NEED FOR REVIEW : Many reports like the MB Shah report of 2010 and the TSR Subramanian report
of 2015, have talked about amending the IFA.
SALIENT FEATURES
⁎ While the preamble of IFA, 1927, said the Act was focused on laws related to the transport of forest
produce and the tax on it, the amendment has increased the focus to “conservation, enrichment and
sustainable management of forest resources and matters connected therewith to safeguard
ecological stability to ensure the provision of ecosystem services in perpetuity and to address the
concerns related to climate change and international commitments”.
⁎ Empowering India’s forest officers to issue search warrants, enter and investigate lands within their
jurisdictions, and to provide indemnity to forest officers using arms to prevent forest-related
offenses [ Aim : (1) reduce forest offenses & wildlife crime, (2) help to handle Naxal issue].
⁎ The increased role of states : The amendments say if the state government, after consultation with
the central government, feels that the rights under the Forest right act (2006) will hamper
conservation efforts, then the state “may commute such rights by paying such persons a sum of
money in lieu thereof, or grant of land, or in such other manner as it thinks fit, to maintain the social
organization of the forest-dwelling communities or alternatively set out some other forest tract of
sufficient extent, and in a locality reasonably convenient, for the purpose of such forest dwellers”.
⁎ introduces a new category of forests “production forest” for production of timber, pulp, pulpwood,
firewood, non-timber forest produce, medicinal plants etc. to increase production in the country.
⁎ Proposes a forest development cess of up to 10% of the assessed value of mining products removed
from forests, and water used for irrigation or in industries. This amount would be deposited in a
special fund and used “exclusively for reforestation; forest protection and other ancillary purposes
connected with tree planting, forest development and conservation,”
CONCERNS WITH REGARD TO THE PRESENT DRAFT BILL
⁎ The draft mentions that the state governments could take away the rights of the forest dwellers if
the government feels fit.
⁎ The draft Bill reinforces the idea of bureaucratic control of forests, providing immunity for actions
such as the use of firearms by personnel to prevent an offense.
2.2 | FOREST CONSERVATION ACT (1980)
AIM : (1) Conservation of forests and for (2) matters connected therewith
1. SHORT TITLE, EXTENT, AND COMMENCEMENT -
(1) This Act may be called the Forest (Conservation) Act, 1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 25th day of October, 1980.

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2. RESTRICTION ON THE ① DERESERVATION OF FORESTS OR ② USE OF FOREST LAND FOR

NON-FOREST PURPOSE : Notwithstanding anything contained in any other law for the time
being in force in a State, no State Government or other authority shall make, except with the
prior approval of the Central Government, any order directing -
(i) that any reserved forest 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 or 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;
2012 : Attempt the following,
(iv) That any forest land or any portion thereof may be cleared keeping your answers brief and
of trees which have grown naturally in that land or to the point : (a) Describe
Section (2) of Forest
portion, for the purpose of using it for reafforestation. Conservation Act of 1980 (8 m).
Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or
clearing of any forest land or portion thereof for –
(a) The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops
or medicinal plants.
(b) Any purpose other than reafforestation, but does not include any work relating or
ancillary to conservation, development and management of forests and wildlife, 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.
3. CONSTITUTION OF ADVISORY COMMITTEE : The Central Government may constitute a

Committee consisting of such number of persons as it may deem fit to advise that Government
with regard to -
IFoS 2016 : Compare and
contrast the Indian
(i) the grant of approval, under Section 2 and
Forest Act, 1927 and the
(ii) any other matter connected with the conservation of forests Forest Conservation Act,
which may be referred to h by the Central Government. 1980 (10 m).
3A. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT :

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.
3B. OFFENCES BY THE AUTHORITIES AND GOVERNMENT DEPARTMENTS -
(1) Where any offense 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 offense 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 offense and shall be liable to be proceeded against and
punished accordingly.

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Provided that nothing contained in this sub-section shall render the head of the
department or any person referred to in clause (b), liable to any punishment if he proves
that the offense was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offense.
(2) Notwithstanding ..........(not important stuff).
4. POWER TO MAKE RULES :
(1) The Central Government may, by notification in the Official Gazette, makes rules for
carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
5. REPEAL AND SAVING :
(1) The Forest (Conservation) Ordinance, 1980 is hereby replaced.

(2) Notwithstanding such repeal, anything is done or any action taken under the provisions of
the said Ordinance shall be deemed to have been done or taken under the corresponding
provisions of this Act.
2.3 | WILDLIFE PROTECTION ACT - 1972
▪ CONSTITUTIONAL PROVISIONS : Article 48-A of the Constitution says that the State shall
endeavor to protect and improve the environment and to safeguard the forest and wildlife of
the country. Article 51A (g) imposes a fundamental duty on every citizen of India to protect and
improve the environment and have compassion for living creatures.
▪ NEED/OBJECTIVES OF THIS ACT ?
⁎ To prohibit hunting of wild animals; birds, etc. and punish for violating the same. The
schedules give absolute protection to certain species.
⁎ To empower the Central Govt. and State Govt. to declare certain areas as Sanctuaries or
National Parks.
▪ AIM : Protect the wild animals, birds, and plants and for matters connected therewith or
ancillary or incidental thereto to ensure the ecological and environmental security of the
country.

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▪ PROVISIONS UNDER THIS ACT
Section 1 : This act may be called the – Wildlife (protection) act 1972
Chapter 1 : Preliminary the whole of India (except J & K)
Section 2 : Definitions
Section 3 : Central govt*** may, for the purpose of this act, appoint –
(a) Director of wildlife preservation
(b) Such other officers and employees as may be necessary
to assist the director
Section 4 : State govt*** may, for the purpose of this act, appoint –
(a) A chief wildlife warden
(b) Wildlife wardens
(c) One honorary wildlife warden in each district
(d) Such other officers and employees as may be necessary
[ The Wild Life Warden, the Honorary Wild Life Warden, and
other officers and employees appointed under this section
shall be subordinate to the Chief Wild Life Warden].
Section 5A : Constitution of the National Board for Wild Life – by Central
government (Added through Wild Life Protection Amendment
Act, 2002).
⁎ Prime Minister as Chairperson.
⁎ Minister-in-charge of Forests and Wild Life as Vice-
Chairperson.
Chapter 2 : Authorities to
⁎ 3 members of Parliament of whom two shall be from the
be appointed or
House of the People and one from the Council of States.
constituted under the act
⁎ Member, Niti Ayog, in-charge of Forests and Wild Life
⁎ 5 persons to represent NGOs to be nominated by the
Central Government.
⁎ 10 persons to be nominated by the Central Government
from amongst eminent conservationists, ecologists and
environmentalists.
⁎ Secretary to the Government of India in-charge of the
Ministry or Department of the Central Government dealing
with Forests and Wild Life.
⁎ Chief of the Army Staff.
⁎ Director generals of Forest, ICFRE, Tourism,
⁎ Director of WII, ZSI, BSI, Indian Veterinary Research
Institute (IVRI), National Institute of Oceanography
⁎ Secretaries, in-charge of the Ministry of Information and
Broadcasting; Ministry of Tribal Welfare and Department of
Expenditure (FinMin).
Director of Wild Life Preservation who shall be the Member-Secretary of
the National Board.

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Section 5B : Standing Committee of the National Board : for the purpose

of exercising such powers and performing such duties as may be
delegated to the Committee by the National Board.
Section 5C : Functions of the National Board : It shall be the duty of the
National Board to
⁎ promote the conservation and development of wildlife and forests by

such measures as it thinks fit.
⁎ Framing policies and advising the Central Government and the State
Governments on the ways and means of promoting wildlife
conservation and effectively controlling poaching and illegal trade of
wildlife and its products.
⁎ Making recommendations on the setting up of and management of
national parks, sanctuaries and other protected areas.
⁎ Impact assessment of various projects & activities on wildlife or its
habitat.
⁎ Reviewing from time to time, the progress in the field of wildlife
conservation in the country and suggesting measures for
improvement thereto; and
⁎ Preparing and publishing a status report at least once in two years on
wildlife in the country.
Section 6 : State govt or Administrator (in case of UT), constitute a State
Board for Wild Life*** consisting –
⁎ Chairman : Chief minister or an administrator.
⁎ Vice-Chairperson : Minister-in-charge of Forests & Wild Life.
⁎ Chief Wild Life Warden, who shall be the Member-Secretary
⁎ 3 members of state legislative assembly
⁎ 3 person – representative of NGOs dealing with wildlife nominated
by State govt.
⁎ Secretary of the state forest department
⁎ 10 persons to be nominated by the State Government from amongst
eminent conservationists, ecologists and environmentalists including
at least two representatives of the Scheduled Tribes.
⁎ Secretary, Dept of tribal welfare.
⁎ MD, state tourism department.
⁎ Representative of WII, ZSI, BSI
⁎ Director, Department of Fisheries & Department of Animal
Husbandry.
⁎ Officer to be nominated by the Director, Wild Life Preservation.
Section 8 : Duties of State Board for Wild Life
Section 9 : Prohibition of hunting - No person shall hunt any wild animal-

Chapter 3 : Hunting of wild
specific in Schedule-I, II, III, and IV – except some exception
animals
with permission.

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Section 17A : Prohibition of picking, uprooting, etc. of specific plants

Section 17B : Grants of permission for a specific purpose by Chief wildlife
Chapter 3A : Protection of
warden – education, research, collection and preservation,
Specific plants
propagation etc.
Section 17C : Cultivation of specific plants without license prohibited.
Section 18 : Declaration of the sanctuary by State govt may, by
notification, declare any area if it considered that such area is
of adequate ecological, faunal, floral, Geomorphic, natural,
zoological or environmental significance.
To solve territorial rights, the district collector will take all necessary
performances. Once it declares only the chief wildlife warden can give
Chapter 4 : Protected permission to enter that area.
areas Section 33 : Control of sanctuaries - The Chief Wild Life Warden shall be
the authority who shall control, manage and maintain all sanctuaries.
Section 35 : State govt, by notification, can declare – National park.
Section 36 : State govt may,…….Game reserve (Deleted)
Section 37 : State govt,…………….Closed area
Section 38 : Central govt may declare any area – Sanctuary or national
park.
Section 38 A : Constitution of CENTRAL ZOO AUTHORITY
(1) Central govt may constitute – Central zoo authority
⁎ Chairman
⁎ Up to 10 members
⁎ Member – secretory
(3) Office tenure : 3 years
Section 38 C : Function –
⁎ Specify the minimum standards for housing, upkeep and
veterinary care of the animals kept in a zoo.
⁎ Evaluate and assess the functioning of zoos with respect to the
standards prescribed.
Chapter 4A : Central zoo
⁎ Recognize or derecognize zoo
authority and recognition
⁎ Identify endangered species of wild animals for purposes of
of zoos
captive breeding and assigning responsibility in this regard to a
zoo;
⁎ Co-ordinate the acquisition, exchange and loaning of animals for
breeding purposes.
⁎ Ensure maintenance of stud-books of endangered species of wild
animals bred in captivity.
⁎ Co-ordinate training of zoo personnel in India and outside India.
⁎ Co-ordinate research in captive breeding and educational
programs for the purposes of zoos.
⁎ Provide technical and other assistance to zoos for their proper
management and development on scientific lines;

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⁎ Perform such other functions as may be necessary to carry out

the purposes of this Act with regard to zoos.
Constitution of National Tiger Conservation Authority – by Central govt

Members – (1) Minister of MoEFCC (Chairman)
(2) Minister of state of MoEFCC (Vice-Chairman)
Chapter 4B : national tiger (3) ……..many others
conservation authority
Tiger Conservation Plan : The State Government shall, on the
recommendation of the Tiger Conservation Authority, notify an area as a
tiger reserve.
Chapter 4C : tiger and

Section 38Y. Constitution of Tiger and other Endangered Species Crime
other endangered species
Control Bureau
crime control bureau
Chapter 5 : Trade or
commerce in Wild
Section 39 : No person shall have
animals, Animal articles
and trophies
Chapter 5 A : Prohibition
of trade or commerce in
Prohibition of dealings in trophies, animal articles, etc., derived from
trophies, animal articles,
scheduled animals
etc., derived from certain
animal.
Section 50 : if any person commits. Director or his authorized person or

Chapter 6 : Prevention and chief wildlife warder or his authorized person not below the
detection of offences rank of sub-inspector may take action.
Section 51 : Penalties
Chapter 6 A : forfeiture of
property derived from
illegal hunting and trade
Chapter 7 : Miscellaneous
SALIENT FEATURES OF WILDLIFE ACT :-
⁎ Act facilitate and give legal protection for setting up national parks, wildlife sanctuaries etc.
⁎ Under this act, wildlife populations are regularly monitored and management strategies are
formulated to protect them (i.e. 3rd National Wildlife Action Plan (NWAP) for the period 2017-
2031 adopted recently).
⁎ The act covers the rights of forest dwellers. The act permits restricted grazing in sanctuaries
but prohibits the same in national parks.
⁎ The act also prohibits the collection of non-forest timber which might not harm the system.

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⁎ The act enables the central government to enact the legislation.

⁎ The act appoints a National and state wildlife board, wildlife warden and many other bodies
linked with forest and wildlife and specifies their duties and powers.
⁎ The act provides a comprehensive list of endangered species and prohibits hunting of the
same.
⁎ It protects endangered plants like Blue Vandana, Ladies Slipper Orchid, Pitcher Plant, etc.
⁎ The act provides for the constitution of central zoo authority
⁎ There is provision for trade and commerce in some wild species with a license for sale,
purchase, transfer, etc.
⁎ The act imposes a ban on trade or commerce of commercial animals.
⁎ The act provides legal powers to officers to punish offenders.
⁎ Under the act, captive breeding programs for endangered species have been initiated i.e.
Conservation project for Lion (1972), Tiger (1974), Crocodile (1974) & Brown antlered deer
(1981).
⁎ The act has six schedules that cover the entire gamut of wildlife.
2019 : Write in detail regarding the appointment of authorities and restrictions of hunting of wild animals
under the wildlife (Protection) Act of 1972 (Marks 15).
2015 : Discuss the important role of The Wildlife Protection Act, 1972 in forest management. Give salient
points only (10 m).
2011 : Write the composition of National board of wildlife. Explain the provisions of the Sections of
wildlife (Protection) Act 1972, Used to declare an area as ‘Sanctuary’ (20 m).
2010 : What are the functions of Indian board for wildlife with regard to conservation of wildlife ? (10 m).
2008 : Describe the amendments in brief in the wildlife protection act, 1972 (10 m).

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Chapter 3 OTHER RELATED LAWS
Syllabus : Application of Indian Penal Code to Forestry
Before the enactment of the IPC, the criminal laws in India were not uniform and followed the European,
Mohammedan and Local laws. It was thus decided that a uniform criminal law should be framed.
Macaulay was entrusted with this task and the IPC came into operation from 1862. It is now the
substantive criminal law of the country.
[Indian penal code – enacted on 6th October 1860. However, commenced by 1 January 1862]
The Cr. PC is primarily an adjective law of procedure which provides the mechanism for the punishment of
offenders by -
⁎ Creating different grades/levels of courts and defining their powers.
⁎ Laying down the duties of the police in the investigation of offenses; arresting offenders and
producing them before the court of law.
⁎ Framing rules of procedure for the production of documents and other matters.
Indian penal code (IPC)
It was drafted by Macaulay who presided over the first Indian law commission. The IPC is considered to be
one of the most detailed criminal laws in the world. Its coverage includes –
1. Criminal conspiracy
2. False evidence
3. Criminal tress passing
4. Murder, attempt to murder
5. Mischief
6. Counterfeiting
7. Abetment
8. Wrong confinement
9. Theft
10. Unlawful assembly and many more
Applicability of IPC in forest laws/offenses: The Indian Forest Act and Wildlife (Protection) Acts are fairly
comprehensive and cover most types of offenses in connection with forests and wildlife, the IPC is also
applicable both directly and indirectly to forest offenses/laws and forest administration. This includes the
following offenses where the provisions of the IPC are attracted –
₋ Theft of timber from government sale depots outside the limits of a forest.
₋ Receiving stolen timber.

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₋ Thefts of the property of the forest department other than forest produce.
₋ Criminal breach of trust.
₋ Assault on the staff of the forest department.
IFoS 2009 : Explain the application
₋ Unlawful assembly
of the Indian penal code in forestry
₋ Omitting to give information about a forest offense.
(10m).
₋ Giving false evidence.
₋ Using false property marks.
₋ Counterfeiting property marks.
₋ Marking or possession of instruments for counterfeiting property marks.
₋ Tampering property marks
CRIMINAL PROCEDURE CODE (CPC)
The Criminal Procedure Code laws down the mechanism for investigation, prosecution and punishment in
crimes including forest/wildlife offenses. It lays down the procedure for the investigation and trails in
connection with various offenses under the forest and wildlife laws.
TYPES/CLASSES OF CRIMINAL COURTS
⁎ Session courts
⁎ Chief Judicial Magistrate.
⁎ Judicial Magistrates of the first class or Metropolitan magistrates in metropolitan areas.
⁎ Judicial magistrates of the second class
⁎ Special judicial magistrates.
⁎ Executive Magistrates.
POWERS OF COURTS
Offenses may be divided into – (a) Offences under the Indian Penal Code, and (b) Offences under any
other law.
The powers of various courts with regard to the passing of sentences of punishment are also clearly
stated in the Criminal Procedure Code.
LAW OF EVIDENCE
Evidence is required for proving in a court of law whether a particular offense has been committed or not
by a specific person. This is dealt with by the Indian Evidence Act of 1872*** which lays down the
mechanism for proving in a court that an offense has been committed.
It was authored by Stephen and came into operation on the first day of September 1872.
OBJECTS AND SCOPE
According to Stephen, the law of Evidence aims to provide answers to the following -

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₋ What sort of facts may or may not be proved?

₋ What sort of evidence is to be given of such facts?
₋ which may be proved.
₋ By whom is such evidence given.
₋ In what manner should the evidence be produced for proving a fact.
RELATED TERMINOLOGY
• FACTS : fact means (a) Anything, the state of things, relation to things, capable of being perceived by
the senses, (b) Any mental condition to which any person is conscious
Relevant facts : refers to the condition to wherein one fact is relevant to the other. Relevant facts are
connected in a way to prove or disprove something.
• DOCUMENT : Anything that expressed any substance by – figures, marks, texts etc.
• EVIDENCE : all matters of facts which may be produced in a court for proving or disproving certain
means including oral evidence, documentary evidence, Circumstantial evidence, real evidence etc.
⁎ Proved : A fact may be proved when it is accepted by the court of law to be correct.
⁎ Disproved : A fact may be disproved when it is not accepted by a court.
• MOTIVE : ultimate object for which a crime is committed.
• ATTEST : Attesting witness is a person who witnesses the execution of a deed or affixing of the
signature on a document. Thereafter, the attesting person affixes his signature on the document to
this effect.
• COLLUSION : a secret agreement or contract between two persons or parties for the illegal purpose
like deceiving someone/something.
• ADMISSION : refers to an oral or written admitting a fact in issue or relevant fact.
• CONFESSION : refers to the admission of crime or acknowledgment of guilty made by a person who
has committed a crime.
SOURCE OF REFERENCES
• Negi S. S (2006). Forest Policy and Law. International book distributors, Dehradun.
• Parthiban K.T. et al. (2019). Introduction to forestry and Agroforestry. Scientific Publishers, Jodhpur.
• MoEF website for updated Acts and policies + New Vishal publication for previous year papers
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FOREST LEGISLATION

1. Forest Policies 146 - 160

2. Forest Acts 161 - 170

3. Other related laws 171 - 173

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PREVIOUS YEAR QUESTIONS

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Chapter 1 FOREST POLICIES

▪ Forest Policies - 1894, 1952, 1988, and current draft (2018).

1.1 | HISTORY OF FOREST DEVELOPMENT

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exploited in an uncontrolled destructive way, due to which deforestation gained further

SN Famine Region Deaths

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1.2 | FOREST POLICY - 1894

▪ BACKGROUND : Dr. Voelker report (1893) on Indian agriculture.

➢ This policy further provides that -

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c) Obtaining the maximum revenue.

⁎ DEFECTS IN THE NATIONAL FOREST POLICY OF 1894 :

conservation of forest by educated and skilled staff. 1952 ? (10m)

1.3 | FOREST POLICY - 1952

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⁎ Forestry research and training get significance increases.

➢ IDENTIFIED 6 PERMANENT NEEDS OF THE NATION

⁎ Needs to evolve a system of balanced and complimentary use of forest land

➢ FUNCTIONAL CLASSIFICATION OF INDIAN FOREST***

➢ TWO POSSIBLE CONSIDERATIONS :

⁎ Claims of neighboring communities - Village communities in the neighborhood of a

➢ POLICY GOALS, TO MAINTAIN ECOLOGICAL BALANCE

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⁎ In Hills and Mountains, the 60 % area should be under it.

⁎ ISSUES IN THE NATIONAL FOREST POLICY OF 1952 :

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1.4 | NATIONAL FOREST POLICY 1988

⁎ BACKGROUND & NEED

balance including atmospheric equilibrium which is vital for

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➢ AFFORESTATION, SOCIAL FORESTRY, AND FARM FORESTRY

⁎ Afforestation - A massive need-based and timebound program of afforestation and tree

➢ MANAGEMENT OF STATE FOREST

⁎ No forest should be permitted to be worked without the Government approved

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sensitive areas should be severely restricted. Tropical rain/moist forests, particularly in

➢ DAMAGES OF FOREST FROM ENCROACHMENT, FIRES, AND GRAZING

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⁎ There, should be no regularisation of existing encroachments.

➢ FOREST BASED INDUSTRIES

➢ FOREST EDUCATION : Agriculture universities and institutions, dedicated to the development of

➢ PERSONNEL MANAGEMENT : To enhancing their professional competence & status, and

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▪ COMPARISION OF FOREST POLICIES

⁎ Preservation forest ⁎ Protection forests

Target national goal of The national target is the

5. Control over NO provision Few guidelines Detail guideline is given to

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private forest not only control but also

6. Land diversion Have no provision Silent on it Strict restriction on it.