Legislative drafting project

SUBMITTED BY

HARSH KUMAR

B.A.LL.B SECTION B

1020220038
Legislation proposed

4. Forest Conservation and Management:

(a) The committee shall promote forest conservation and sustainable management practices

Within the forests of Shimla City to ensure the protection, preservation, and utilization of

Forest resources in an environmentally responsible manner.

(b) The forest conservation and management activities shall be guided by Sections 28(2)1,292

,30© 3Of the Indian Forest Act, 1927; Sections 94,115,386 Of the Wildlife Protection Act,1972; Sections
2(b),38,49 Of the Forest (Conservation)Act,1980

5. Obligation to undertake compensatory afforestation for the diversion of forest

Land:

The competent authority shall undertake the following measures for forest conservation and

Sustainable management:

(a) Promote afforestation, reforestation, and restoration of degraded forest areas.

(b) Regulate and control activities such as logging, harvesting of non-timber forest products,

And extraction of forest resources to ensure sustainable utilization.

© Implement measures for the protection and conservation of endangered species and their
Habitats.

(c) Encourage community participation and awareness programs for fostering responsible

Forest management practices.

€ Collaborate with research institutions and organizations to promote research, innovation,

And best practices in forest conservation.

(f) Develop and implement plans for the prevention and control of forest fires, diseases, and

Pests.

(g) Facilitate capacity-building initiatives for forest personnel and local communities in

Sustainable forest management techniques.

6. Declaration of Forests and Protected Areas

(a) The competent authority shall identify and declare specific areas within the jurisdiction of

Shimla City as forests and protected areas for the purposes of conservation and sustainable

Management of natural resources.

(b) The declaration of forests and protected areas shall be based on Sections 310,411
,2812

,2913

Of The Indian Forest Act, 1927; sections 2(b)14;2(c)15 of The Forest(Conservation)Act,1980:

© The competent authority shall ensure that the declaration of forests and protected areas is

In line with the conservation and ecological objectives of preserving biodiversity, protecting

Wildlife habitats, and maintaining ecological balance.

(c) The specific boundaries and demarcation of the declared forests and protected areas shall

Be determined by the competent authority in accordance with the applicable provisions of the

Aforementioned legislation and relevant state laws.

€ The competent authority shall maintain a record of the declared forests and protected

Areas, including their ecological significance, flora and fauna, and any specific restrictions or

Regulations applicable to these areas.

(f) Any modifications, additions, or deletions to the declared forests and protected areas shall

Be made through a formal process as prescribed by the competent authority and in accordance
With the relevant provisions of the applicable legislations.

Loopholes

Loopholes in Forest Bill

User

4. Forest Conservation and Management:

(a) The committee shall promote forest conservation and sustainable management practices

Within the forests of Shimla City to ensure the protection, preservation, and utilization of

Forest resources in an environmentally responsible manner.

(b) The forest conservation and management activities shall be guided by Sections 28(2)1,292

,30© 3Of the Indian Forest Act, 1927; Sections 94,115,386 Of the Wildlife Protection Act,1972; Sections
2(b),38,49 Of the Forest (Conservation)Act,1980

5. Obligation to undertake compensatory afforestation for the diversion of forest

Land:
The competent authority shall undertake the following measures for forest conservation and

Sustainable management:

(a) Promote afforestation, reforestation, and restoration of degraded forest areas.

(b) Regulate and control activities such as logging, harvesting of non-timber forest products,

And extraction of forest resources to ensure sustainable utilization.

© Implement measures for the protection and conservation of endangered species and their

Habitats.

© Encourage community participation and awareness programs for fostering responsible

Forest management practices.

€ Collaborate with research institutions and organizations to promote research, innovation,

And best practices in forest conservation.

(f) Develop and implement plans for the prevention and control of forest fires, diseases, and

Pests.
(g) Facilitate capacity-building initiatives for forest personnel and local communities in

Sustainable forest management techniques.

6. Declaration of Forests and Protected Areas

(a) The competent authority shall identify and declare specific areas within the jurisdiction of

Shimla City as forests and protected areas for the purposes of conservation and sustainable

Management of natural resources.

(b) The declaration of forests and protected areas shall be based on Sections 310,411

,2812

,2913

Of The Indian Forest Act, 1927; sections 2(b)14;2(c)15 of The Forest(Conservation)Act,1980:

© The competent authority shall ensure that the declaration of forests and protected areas is

In line with the conservation and ecological objectives of preserving biodiversity, protecting

Wildlife habitats, and maintaining ecological balance.

© The specific boundaries and demarcation of the declared forests and protected areas shall
Be determined by the competent authority in accordance with the applicable provisions of the

Aforementioned legislation and relevant state laws.

€ The competent authority shall maintain a record of the declared forests and protected

Areas, including their ecological significance, flora and fauna, and any specific restrictions or

Regulations applicable to these areas.

(f) Any modifications, additions, or deletions to the declared forests and protected areas shall

Be made through a formal process as prescribed by the competent authority and in accordance

With the relevant provisions of the applicable legislations.

Lack of specific guidelines: The bill mentions promoting forest conservation and sustainable
management practices, but it does not provide clear guidelines or criteria for what constitutes
sustainable management. Without specific definitions and guidelines, interpretation and implementation
may vary, potentially leading to inconsistent practices.
Ambiguity in terms of enforcement: The bill mentions various acts and sections of legislation that will
guide forest conservation and management. However, it does not explicitly state how these provisions
will be enforced or what penalties or consequences will be imposed in case of non-compliance. This
ambiguity could weaken the effectiveness of the bill.

Absence of mechanisms for monitoring and evaluation: The bill does not outline a clear framework for
monitoring and evaluating the implementation of forest conservation and management practices.
Without proper monitoring and evaluation, it becomes difficult to assess the effectiveness of the
measures taken and make necessary adjustments or improvements.

Lack of provisions for stakeholder engagement: While the bill mentions encouraging community
participation and awareness programs, it does not provide specific provisions for involving local
communities, indigenous groups, or other relevant stakeholders in decision-making processes related to
forest conservation and management. This could limit the inclusivity and effectiveness of the measures
proposed.

Limited emphasis on climate change and ecosystem services: Given the increasing importance of
addressing climate change and the role of forests in providing ecosystem services, the bill could benefit
from including explicit provisions addressing these issues. This could involve measures such as promoting
carbon sequestration, enhancing resilience to climate change, and recognizing the value of ecosystem
services provided by forests.

Insufficient focus on restoration and rehabilitation: While the bill mentions promoting afforestation,
reforestation, and restoration of degraded forest areas, it does not provide specific measures or targets
for achieving these goals. A more robust framework for restoration and rehabilitation efforts could be
beneficial in addressing ecological degradation and ensuring the long-term sustainability of forest
resources.