2. Restriction on the dereservation of forests or use of forest land for non-forest purpose.
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;(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 organisation subject to such terms and conditions, as the Central Government may, by order, specify; [Inserted by the Forest (Conservation) Amendment Act (69 of 1988), Section 2 (15.3.1989)](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.][Explanation. [Substituted by the Forest (Conservation) Amendment Act (69 of 1988), Section 2 (15.3.1989)] - For the purpose 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;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, 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.";(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.".[2-A Appeal to National Green Tribunal. [Inserted by the National Green Tribunal Act (19 of 2010), Section 36, Sch III (18.10.2010)]Any person aggrieved, by an order or decision of the State Government or other authority made under section 2, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in cordance with provisions of that Act.]
