FCA /

Definitions

 

Chief Wild Life Warden: the officer appointed under the Wild Life (Protection) Act of 1972 by the state government.

Forest officer: is the Forest officer appointed under the Indian Forest Act (1927) or under any other Act for the time being in force in a state

Forest land: Refers to reserved forests, protected forest or any area recorded as forest in the government records (irrespective of ownership). Lands which are notified under Section 4 of the Indian Forest Act, 1927 also comes within the purview of the Act. (Ref: Supreme Court’s Judgment in the NTPC case).
It also includes “forest” as understood in the dictionary sense. (Ref: Supreme Court order dated 12.12.1996 in WP No. 202/1995 – Annexure-I).
The term “forest” shall not be applicable to plantations raised on private lands, except notified private forests. Felling of such trees shall be governed by various state Acts and Rules. Felling in notified private forests will be as per the working plan/management plan duly approved by the Government of India.

MMDR Act: Mines and Minerals (Development and Regulation) Act, 1957

National Park: an area declared by notification (as a national park) by the state government or the central government under the Wild Life (Protection) Act of 1972

Nistar: a term used to refer to local user rights in forests for domestic use (fuel wood, grazing and minor forest products)

Nodal Officer: any officer not below the rank of Conservator of Forests, authorized by the state government to deal with forest conservation matters under the Act.

Non-forest purpose: the breaking up or clearing of any forest land or portion for:

  1. The cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants
  2. Any purpose other than reafforestation;

It does not include any work any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishments of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines, etc.

Protected Forest: Under the Indian Forest Act of 1927, the state government by notification in the Official Gazette, declares any forest-land or waste-land which is not included in a reserved forest but which is the property of government, or over which the government has proprietary rights as protected forests. Such forest land enjoys protection under the provisions of the Forest Act.

Regional Office: a Regional Office of the central government in the Ministry of Environment and Forests established as part of the Ministry to deal with forest conservation matters under the Act.

Reserved forest: as defined in any law for the time being in force in that state.

Sanctuary: an area declared by notification (as a sanctuary) by the state or central government under the Wild Life (Protection) Act of 1972

Tree: will have the same meaning as defined in Section 2 of the Indian Forest Act, 1927 “includes palms, bamboos, stumps, brush-wood and canes”, or any other Forest Act which may be in force in the forest area under question.

User Agency: any person, organization or Company or Department of the central or state government making a request for diversion or de-notification of forest land for non-forest purpose or using forest land for non-forest purpose. Or using forest land for non-forest purpose in accordance with the permission granted by the central government under the Act (or rules made under it)

 

 

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.