Major Legislation on Forest Law

Forest law refers to the body of laws and regulations that govern the management, conservation, and use of forested land. It also exclusively includes the biodiversity (including flora and fauna) of the respective land. These laws may address issues such as deforestation, timber harvesting, wildlife conservation, and the rights of indigenous peoples or tribal people living in the forest areas. The specific laws and regulations vary by country, and may be enforced by government agencies such as the Forest Service or the Ministry of Forestry. In some cases, international agreements and treaties may also play a role in shaping forest law.

What are the Legislation on Forest Law in India?

The major legislation on forest law in India are −

Indian Forest Act, 1927

In order to enhance the Forest Act of 1875 and make forest rules more effective, a new comprehensive Forest Act was established in 1927, repealing all earlier legislation. There are 13 chapters and 86 sections in the Act. The Act's primary objectives are −

• To harmonize the legislation governing forests.

• Transit and regulation of forest products.

• To impose taxes on wood and other forest products.

The Act doesn't define the word "forest." However, the Court defines the term "forest," which states that it refers to "any lands with vegetative association delimited by trees of whatever size, exploited or not, capable of providing wood or other food products."

There are four types of forests under the act −

Reserved Forests

The Act addresses reserved forest under Chapter II, constituted under Section 20 of the Act. A state government may, in accordance with Section 4 of the Act, make a preliminary notification announcing that it has been determined to designate such property, as listed in a schedule with information on its location, area, and border description, as a reserved forest. A similar letter also designates a state government official—typically the Deputy Commissioner of the relevant district—as the Forest Settlement Officer. The Forest Settlement Officer establishes a time frame of at least three months to hear the claims and objections of anyone claiming any rights over the land that has been notified to be reserved. The Forest Settlement Officer also conducts investigations into the claims of rights and has the authority to accept or reject them.

Village Forests

The Act addresses reserved forest under Chapter II, constituted under Section 20 of the Act. A state government may, in accordance with Section 4 of the Act, make a preliminary notification announcing that it has been determined to designate such property, as listed in a schedule with information on its location, area, and border description, as a reserved forest. A similar letter also designates a state government official—typically the Deputy Commissioner of the relevant district—as the Forest Settlement Officer. The Forest Settlement Officer establishes a time frame of at least three months to hear the claims and objections of anyone claiming any rights over the land that has been notified to be reserved. The Forest Settlement Officer also conducts investigations into the claims of rights and has the authority to accept or reject them.

Protected Forests

The Act's Chapter IV addresses protected forests. It is a region or mass of land that has been designated as such by a state government in accordance with the provisions of Section 29 and over which the government has property rights but which is not a restricted forest. As opposed to the designation of a reserved forest, it does not necessitate the drawn-out and laborious settlement procedure. In addition, the government may declare some trees to be conserved in a protected forest, suspend any private rights for a maximum of 30 years, or ban activities like quarrying, removing any forest products, trespassing, etc.

Non-government Forests

Non-government Forests are a different category of forests. Despite not being specifically referred to as a separate category, it is covered under Chapter V of the Act. It includes any property and woods that are not under governmental control. To protect against storms, winds, rolling stones, floods, and avalanches, to preserve soil from erosion, to maintain water supply in springs, rivers, and tanks, to protect roads, bridges, railways, and lines of communication, and to protect public health, the State government may by notification regulate or forbid the breaking up or clearing of land for cultivation, the pasture for cattle, or the firing or clearing of vegetation.

Forest Conservation Act, 1980

The Forest Conservation Act, came into force on October 25, 1980, with a view to preventing deforestation. The Act's primary goal was to address issues related to, ancillary to, or incidental to the conservation of forests. According to the terms of this Act, it is necessary to get the Central Government's prior consent before diverting forest areas for non-forestry uses. Therefore, this Act controls the conversion of forest areas to non-forestry uses in the interest of the nation and of future generations.

The Act's primary objectives are to control the arbitrary conversion of forest areas to non-forestry uses and to preserve a healthy balance between the nation's requirements for development and the preservation of its natural heritage. Guidelines have been released periodically under the Act to streamline the processes, reduce delays, and make the Act more user-friendly.

The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

The Rajya Sabha and Lok Sabha both overwhelmingly approved the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, on December 18, 2006. This law sought to grant traditional forest residents ownership rights over forestland. The legislation deals with the rights of people that live in forests to land and other resources that have been denied to them for decades as a result of the persistence of colonial forest laws in India. The Act came into force on December 31, 2007, just over a year after it was approved.

The list of rights as provided under the Act includes −

• Right to occupy the forest for personal, communal, or subsistence purposes, including the right to self-cultivate.

• Access, usage, and disposal of small-scale forest products.

• Grazing privileges and customary seasonal resource access are examples of entitlements.

• Rights to convert any state or municipal government-issued grants or leases on forest property into titles.

• The right to manage, conserve, or regenerate any communal forest resource.

Madras Forest Act, 1882

Forested areas of the Madras presidency were to be protected and managed under the Act. The Indian Forest Act of 1878 and the Burma Forest Act of 1881, which had been successfully implemented in other regions of India, served as the primary inspirations for the majority of the provisions in the Act, with some essential adjustments. The Act's initial goal was to establish the more significant woods as state reserves and either provide provisions for the clearing of private rights that are incompatible with forest conservation or identify and define such rights in order to prevent further expansion and new encroachments.

The Tamil Nadu Preservation of Private Forests Act, 1949

The act came into force on July 1, 1966, and was made applicable to the Shencottah taluk of the Tirunelveli district. Prior to 1979, the Act's coverage area had been reduced to two hectares for land with a continuous extent of more than twelve hectares. Small farmers may be impacted by this. The Act does not provide any particular justifications or standards for the declaration. A law governing private woods ought to have been limited to situations like preventing natural disasters and soil erosion, among other things.

The Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955

A significant amount of soil erosion had been caused by the uncontrolled tree-cutting in hilly places, which included widespread deforestation. This Act, which sets rules for the restriction of tree cutting and land cultivation in hill areas, was passed by the Tamil Nadu government in order to avoid this. On September 2, 1955, the law became effective. This Act largely addressed the following topics: the creation of committees, the proscription of tree cutting, the proscription of the production of cereals, rubber, or plantation crops, and fines. Any tree that posed a "risk to life and property," as defined by the Act, could not be cut down or removed without the committee's prior written consent. Between committee sessions, at least two months should elapse. So, to expect that written permission of the committee should be obtained before felling a tree that constituted a danger to life was "utterly insensitive and inimical to the public interest."

The Kerala Private Forests (Vesting and Assignment) Act, 1971

The Kerala Legislature passed the Kerala Private Forests (Vesting and Assignment) Act in 1971 to acquire forest properties held under "janmam rights" as a means of agrarian reform. There were no provisions in the Act for compensating the proprietors of these private forests. The government desired to provide landless farmers and agricultural laborers with access to the forest regions for agricultural use. This immediately had the effect of transferring ownership and custody of the affected owners' private forests to the government.

Conclusion

In India, the primary legislation governing forest law is the Indian Forest Act of 1927, which has been amended several times since its original enactment. The act provides for the classification of forests into different categories, such as reserved forests, protected forests, and village forests, and it lays out the rules and regulations for the use and management of these different types of forests. However, over period in time, many other legislations passed by the parliament including the Forest (Conservation) Act of 1980, the Wildlife Protection Act of 1972, etc.

FAQs

Q1. What does the Forest (Conservation) Act of 1980 define?

Ans. The Forest (Conservation) Act of 1980, is an important legislation on forest, which regulates the diversion of forestland for non-forestry purposes such as mining, irrigation, and industrial development. It requires prior approval of the central government before any diversion of forestland can take place.

Q2. What was the purpose of legislating the Wildlife Protection Act of 1972?

Ans. The Wildlife Protection Act, which was legislated in 1972, plays an important role in forest conservation in India. Its purpose is to provide the protection of wild animals, birds, and plants, and it establishes a network of protected areas such as national parks and wildlife sanctuaries where hunting and other activities are prohibited.