Constitution of Advisory Committee
The Central Government may constitute a Committee consisting of such number of persons as it may deem fit to advise that Government with regard to—
(i) the grant of approval under section 2; and
(ii) any other matter connected with the conservation of forests which may be referred to it by the Central Government.
In plain English
What this section actually means
Section 3 is the supporting cast for Section 2. It authorises — but does not compel — the Central Government to set up an Advisory Committee. The Centre decides how many members it should have and who they should be.
In practice, the Central Government has used this power to constitute the Forest Advisory Committee (FAC), housed within the Ministry of Environment, Forest and Climate Change (MoEFCC). The FAC meets regularly to scrutinise every forest-diversion proposal received under Section 2 and recommends whether the Central Government should approve, approve with conditions, or reject it.
The Section gives the Committee two jobs. First, advising on individual Section 2 approvals (this is most of what the FAC does). Second, advising on 'any other matter' connected with forest conservation that the Central Government refers to it — meaning the Centre can task it with broader policy questions, like reviewing the Forest (Conservation) Rules or evaluating compensatory-afforestation models.
Note the language: the Committee is advisory. Its recommendations carry weight but do not bind the Central Government. In Lafarge Umiam Mining (2011), the Supreme Court underlined that the FAC's view must be considered, but the final decision rests with the Centre.
Real life
What this looks like in real life
A proposal is approved despite FAC reservations
Setup. The FAC recommends rejection of a coal-mining proposal that would divert 580 hectares of dense forest. MoEFCC nevertheless grants Stage-I approval citing 'national interest'.
What the law does. Legally possible — Section 3 makes the FAC advisory, not decisional. But the approval can be challenged before the National Green Tribunal on the ground that the Centre failed to apply its mind to the FAC's reasons. Courts have repeatedly directed the Centre to record reasons when it departs from FAC advice.
Cross-references
Read this alongside
- Forest (Conservation) Rules, 2003 (and amendments)§Rule 5·Lays down the actual composition, tenure and procedure of the Forest Advisory Committee constituted under Section 3.
Frequently asked
Questions about Section 3
Open this section in the source PDF
Forest Conservation Act, 1980.pdf
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