Search Results on regulation for query: "Clarification on applicability of Forest (Conservation) Act, 1980 over RoW of Railways-regarding"
Related Section(s)1[(1)]
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 (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) 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. 2[(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 3[subject to such terms and conditions, as the Central Government may, by order, specify]; (iv) that any 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 reafforestation.] 4[Explanation.--For the purposes 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, 5[but does not include any work relating to or ancillary to conservation, development and management of forests and wildlife, such as-- (i) silvicultural operations including regeneration operations; (ii) establishment of check-posts and infrastructure for the front line forest staff; (iii) establishment and maintenance of fire lines; (iv) wireless communications; (v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines; (vi) establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972 (53 of 1972), owned by the Government or any authority, in forest areas other than protected areas; (vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and (viii) any other like purposes, which the Central Government may, by order, specify.]] 1(2) The Central Government may, by order, specify the terms and conditions subject to which any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey, shall not be treated as non-forest purpose.]
1. Section renumbered as sub-section (1) by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023).
2. Ins. by Act 69 of 1988, s. 2 (w.e.f. 15-3-1989). 3. Subs. by Act 15 of 2023, s. 5, for "not owned, managed or controlled by Government" (w.e.f. 1-12-2023). 4. Subs. by Act 69 of 1988, s. 2, for the Explanation (w.e.f. 15-3-1989). 5. Subs. by Act 15 of 2023, s. 5, for the long line (w.e.f. 1-12-2023). 6. Ins. by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023) | ||||||||||||||||
Related Section(s)1[(1)]
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 (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) 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. 2[(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 3[subject to such terms and conditions, as the Central Government may, by order, specify]; (iv) that any 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 reafforestation.] 4[Explanation.--For the purposes 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, 5[but does not include any work relating to or ancillary to conservation, development and management of forests and wildlife, such as-- (i) silvicultural operations including regeneration operations; (ii) establishment of check-posts and infrastructure for the front line forest staff; (iii) establishment and maintenance of fire lines; (iv) wireless communications; (v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines; (vi) establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972 (53 of 1972), owned by the Government or any authority, in forest areas other than protected areas; (vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and (viii) any other like purposes, which the Central Government may, by order, specify.]] 1(2) The Central Government may, by order, specify the terms and conditions subject to which any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey, shall not be treated as non-forest purpose.]
1. Section renumbered as sub-section (1) by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023).
2. Ins. by Act 69 of 1988, s. 2 (w.e.f. 15-3-1989). 3. Subs. by Act 15 of 2023, s. 5, for "not owned, managed or controlled by Government" (w.e.f. 1-12-2023). 4. Subs. by Act 69 of 1988, s. 2, for the Explanation (w.e.f. 15-3-1989). 5. Subs. by Act 15 of 2023, s. 5, for the long line (w.e.f. 1-12-2023). 6. Ins. by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023) (1) This Act may be called the 1[Van (Sanrakshan
Evam Samvardhan) Adhiniyam], 1980.
(2) It extends to the whole of India 2***. (3) It shall be deemed to have come into force on the 25th day of October, 1980.
1. Subs. by s. 3, ibid., for "Forest (Conservation) Act" (w.e.f. 1-12-2023).
2. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). |
