Section 2 of the Forest (Conservation) Act, 1980: Collector's Powers Under Maharashtra Private Forests Act Explained

 Violation of Section 2 of the Forest (Conservation) Act, 1980 Following Orders Passed by Collectors Under Sections 6 & 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 – Government Circular Dated 16.12.2004

Government Circular

Date: 16 December 2004

The attention of all Collectors is invited to the Government of Maharashtra's Letter No. FLD/1000/CR-243/F-3 dated 29.08.2000 and Letter No. S-30/2001/CR-180/F-3 dated 01.11.2001, which were circulated earlier on the above subject.

It has been observed that despite these communications, Collectors and Deputy Collectors have continued issuing certificates under Sections 6 and 22A of the Maharashtra Private Forests (Acquisition) Act, 1975.

Applicability of Section 2 of the Forest (Conservation) Act, 1980

It is emphasized for the information of all concerned that Section 2 of the Forest (Conservation) Act, 1980 provides that, notwithstanding anything contained in any other law for the time being in force in a State, no State Government or any other authority shall make, except with the prior approval of the Central Government, any order directing:

1. That any reserved forest, or any portion thereof, shall cease to be reserved.
2. That any forest land or any portion thereof may be used for any non-forest purpose.
3. 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 organisation not owned, managed, or controlled by the Government.
4. That any forest land or any portion thereof may be cleared of naturally grown trees for the purpose of reafforestation.

Since the Forest (Conservation) Act, 1980 is an Act of Parliament, its provisions override the provisions of the Maharashtra Private Forests (Acquisition) Act, 1975.

Accordingly, it is clarified that no certificate should be issued under Sections 6 or 22A of the Maharashtra Private Forests (Acquisition) Act, 1975 unless prior approval of the Government of India has been obtained under Section 2 of the Forest (Conservation) Act, 1980.

This provision must be followed scrupulously. Any future violation shall invite strict departmental action against the concerned officer.

Supreme Court Judgment – T.N. Godavarman Case

The Hon'ble Supreme Court, in its judgment dated 12.12.1996 in Writ Petition Nos. 202/1995 & 171/1996 (T.N. Godavarman Thirumulpad vs. Union of India & Others), removed all ambiguity regarding the applicability of Section 2 of the Forest (Conservation) Act, 1980.

The Court held that:

• The Forest (Conservation) Act, 1980 was enacted to prevent further deforestation and ecological imbalance.
• Its provisions apply to all forests, irrespective of ownership or classification.
• The word "forest" must be understood according to its dictionary meaning.
• This includes all statutorily recognised forests, whether reserved, protected, or otherwise, for the purposes of Section 2 of the Act.

Bombay High Court Order

The Hon'ble Bombay High Court, in its order dated 10.10.2001 in Writ Petition No. 2980 of 2001, directed that:

• Collectors shall not issue any certificate under Section 6 of the Maharashtra Private Forests (Acquisition) Act, 1975 without obtaining prior approval from the Government of India under Section 2 of the Forest (Conservation) Act, 1980.
• Proceedings shall be initiated for the recall or cancellation of all certificates issued in violation of Section 2 after the Forest (Conservation) Act, 1980 came into force.
• All orders passed under Section 6 of the Maharashtra Private Forests (Acquisition) Act, 1975 require revision and shall be issued only after obtaining approval from the Government of India under Section 2 of the Forest (Conservation) Act, 1980.
• This exercise shall be completed within a time-bound period.

Procedure for Issuing Certificates Under Sections 6 and 22A

The Government prescribed the following procedure:

(a) Submission of Proposal

The Collector shall prepare the proposal and submit it to the Government of India for approval under Section 2 of the Forest (Conservation) Act, 1980, following the procedure prescribed under Rule 4 of the Forest (Conservation) Rules, 1981.

(b) Issuance of Certificate

Only after receiving approval from the Government of India shall the Collector issue an order under Section 6 or Section 22A of the Maharashtra Private Forests (Acquisition) Act, 1975.

Conclusion

The Government Circular dated 16 December 2004 reiterates that the provisions of the Forest (Conservation) Act, 1980 prevail over the Maharashtra Private Forests (Acquisition) Act, 1975. Therefore, Collectors cannot issue certificates under Sections 6 or 22A without obtaining prior approval from the Government of India under Section 2 of the Forest (Conservation) Act, 1980. The circular also mandates strict departmental action for violations and requires revision of orders issued contrary to the law.