Important Sections:
Section 1: Title and scope
(title is title but scope defines that weather it is applicable to the particular area or not as in Jammu and Kashmir, only 37 laws applicable to J&k and FCA isn't one of them)
Section 2: Restriction of forests being used for non-forest purposes.
THE DEFINITION OF NON-FOREST PURPOSES : ‘‘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, horticulture crops or medicinal plants;
(Restriction on clearing forest land for the planting of:
Tea,Coffee,Spices,Rubber,Palms,Oil-bearing Medicinal plants.)
2A. Appeal to National Green Tribunal.
(any victim of an ordr or decision of the may file an appeal to National Green Tribunal after National Green Tribunal Act was started.)
National Green Tribunal Act (2010) : Effective and expeditious disposal of cases that are related to the protection and conservation of the environment, forests, and other natural resources.
Section 3: Advisory committee
( the Central government has the power to constitute an advisory committee to advice on matters related to advising the central government on the preservation of forests)
3A. Penalty for contravention of the provisions of the Act.
(Whoever contravenes or abets the contravention or 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 authorities and Government departments.
4. Power to make rules.
(The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act)
5. Repeal and saving.
(anything 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.)
Ammendments made :
Ammendments in 1988 :
a) A penalty has been prescribed for violation of the provision of this act.
b) Detailed guidelines have been laid down for the diversion of forest land for non- forestry purposes.
c) Rules have been framed for compensatory afforestation in proportion to the area being diverted.
Ammendment in 1996 :
1.) to clarify the scope of application of the act. Until December 1996, provisions of the Forest Conservation Act only applied to forests notified under the Indian Forest Act of 1927 or any other local law, and to those managed by the forest department. But a 1996 Supreme Court judgement ordered that all areas that conformed to the dictionary meaning of forest were to be also considered as forests.
Ammendments in 2021 : (This is also march)
to balance economic and ecological concerns regarding the Forest Conservation Act
1.) new ‘section 1A’ created provision which exempts survey and exploration for underground oil and natural gas.
2.) Land acquired for railway networks will not be applicable to FCA and be exempt.
3.) to exempt plantation of native species of palm and oil-bearing trees from the definition of “non-forest purpose”.
4.) the list of non-forestry purposes will include activities such as building checkpoints, fence boundary, and communication infrastructure.
5.) FCA requires government approval for leasing forest lands not owned by the central government for any commercial purposes to private entities.
latest updation was witnessed in March 2021
it proposes to exempt certain categories of infrastructure project developers from approaching the Centre for permission to use forest land for non-forestry purposes.
still was in news in Oct 2021
1.) To make provisions to access lands for infrastructure projects.
2.) to rethink for the definition of forest as it is obstructing private firms to use that land.
Why Changes (Ammendments) required :
1.) to penalise violators.
2.) to clarify the scope.
2'.) to make provisions for use of lands for non forestry purposes.
3.) to exempt survey and exploration for underground oil and natural gas.
4.) to lease forest lands(wastelands) for commercial purposes.
5.) to exempt infrastructure dev. from permission fuckups.
6.) to rethink for the definition of forest.
Differences will be made accordingly....! Thank You !
why in news
Recently, the National Commission for Scheduled Tribes (NCST) Chairperson said that the ST body’s position on the Forest (Conservation) Rules 2022 being violative of the Forest Rights Act, 2006 “will be the same” even as the Environment Ministry has dismissed these concerns.
Forest conservation rules 2022 :
Formation of Committees
Compensatory Afforestation
Allows Private Plantations
No consent of Gram Sabha needed
Allows building in Forests
forest rights act (2006) deals with the rights of the forest dwelling tribals communities.