Section 3B deals with cases in which the offence is made by Authorities or Government Departments. The world forest covers all statutorily recognized forests whether designated as reserved, protected or otherwise for Section 2 i of the Act. However, the Head of the Department or any other person referred to above shall not be liable to any punishment if he Proves that- i the offence was committed without his knowledge; or ii he exercised all diligence to prevent the commission of such offence. The Court had no hesitation in holding that the Himachal Pradesh Government committed a patent breach of public trust by leasing the ecologically fragile land to the motel management and the prior approval for lease granted by the Government was quashed. The Court took notice of conditions laid down by the Central Government and which were substantially complied with by the State Government. Salient Features of the Act: The Forest Conservation Act was enacted with a view to check further deforestation, which ultimately results in ecological imbalances, accordingly the provisions made therewith must apply to all forest irrespective of the nature of ownership for classification thereof.
Related Link : Source : kaanoon. Section 3A deals with Penalty for contravention of the provisions of the Act. The amendment of 1988 shattered all the expectations of tribal communities and many voluntary agencies placed all the forest land under the jurisdiction of the forest department. Forests are renewable natural sources. The President of India promulgated the Forest Conservation Ordinance on 25 October, 1980. It was held that the refusal by the authorities was proper because exercise of power by public authority is coupled with duty to fulfill the conditions for such exercise.
The State Government had also framed a compensatory forest scheme. It states that 1 The Forest Conservation Ordinance, 1980 is hereby replaced. The Court in this case reconciled between the preservation of environment and development of economy. If division is permitted, compensatory forestation is insisted upon and other suitable conditions imposed where non-forest lands are not available, compensatory plantation be raised over degraded forests in extent to the area being diverted. The Act provides for the constitution of advisory committee to advise the Government with regard to the grant of approved by the Central Government Sec.
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. The salient features of the Act are as follows: 1. Even the Board in its report had recommended de-leasing of the said area. The Forest Conservation Act, 1980 came into force on 25th October, 1980, is, the date on which the Forest Conservation Ordinance, 1980 was promulgated. It states that 1 The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act. Forest Conservation Act, 1980 with Amendments Made in 1988 Forest Conservation Act, 1980 with Amendments Made in 1988 An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. The Court also took note of socio-economic problem of eviction of about 66,000 families and 35 lacs of people from the forests, which in its opinion was impracticable and thus the Court upheld the approval granted for the diversion.
B No forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reforestation without prior approval of Central Government. In such cases it says that the Head of the Department shall be considered Guilty, although if he proves that it was done without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Section 2 of the Act provides that the State Government shall not make amendments except with the prior approval of the Central Government or any order directing thereon: i That any reserved forest or any portion thereof, shall cease to be reserved. The term forest land included any area recorded as forest in the Government record irrespective of the ownership. High Court in Kinkri Devi v.
Section 1 of the Act explains Short Title, Extent, and the Date of commencement. This law extends to the whole of India except the State of Jammu and Kashmir. Section 4 deals with power to make rules. The Act is intended to serve a laudable purpose as is evident from the Statement of Objects and Reasons of the Act, which reads : 1 Deforestation causes ecological imbalance and leads to environmental deterioration. Movement of cut trees and timber from any of the seven North-Eastern States to any other State was completely banned. On violation of the provision of Section 2, the offender shall be punishable with imprisonment for a period extending to 15 days Section 3-A.
It states that Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. Running of saw mills including veneer or plywood mills within the forests was also stopped. The act came into force on 25 October 1980. Any government department or any authority deemed to be guilty of the offence shall be liable to be proceeded against and punished accordingly. The mines in the Doon Valley a denuded the Mussoorie Hills of trees and forest cover and accelerated soil erosion. Section 3A deals with Penalty for contravention of the provisions of the Act. Offences by the Authorities and Government Departments.
Sections 3 A and 3 B were added through the amendments of 1988, which deal with penalty for conservation of the provisions of the Act and offences by authorities and Government Department, respectively. Be it established by Parliament in the Thirty-first Year of the Republic of India as takes after:- 1. This case arose from haphazard and dangerous limestone quarrying practices in Mussoorie Hill Range of Himalayas. The Court rightly pointed out that the natural resources have got to be tapped for the purpose of social development but the tapping has to be done with care so that the ecology and environment may not be affected in any serious way. Section 3 of the Act deals with constitution of Advisory Committee. Section 2 of the act makes a provision of a prior approval of the Central Government necessary before a State Government or any other authority issues direction for dereservation of reserved forests which have been reserved under the Indian Forest Act 1927 , use of forest land for non — forest purpose, assigning forest land 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 the government and clear felling of naturally grown trees.