Power to make rules
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
In plain English
What this section actually means
Section 4 is the rule-making engine of the Act. Sub-section (1) gives the Central Government a general power: it may make rules — by notification in the Official Gazette — to carry out the provisions of the Act. This is how the Forest (Conservation) Rules of 1981, 2003, 2017, 2022 and 2023 came into being.
Sub-section (2) is the 'laying' clause that protects Parliament's authority. Even though the Centre can make rules without going back to Parliament, those rules must still be 'laid' before both Houses for thirty cumulative days. During or right after that period, if both Houses agree to modify a rule or scrap it altogether, the rule is treated as modified or void.
Importantly, the last clause protects everyone who acted on a rule in good faith before it was modified or annulled — nothing previously done under that rule is invalidated. So a clearance granted under an earlier version of a rule does not collapse just because Parliament later changes the rule.
Real life
What this looks like in real life
Parliament tweaks a notified rule mid-session
Setup. The Centre notifies a new Forest (Conservation) Rule allowing fast-track clearance for solar projects below 100 ha. While the rule is being 'laid' under Section 4(2), both Houses agree to limit the fast-track to 50 ha.
What the law does. From the date of the resolution, the rule operates only for the modified threshold (50 ha). But any clearance already granted under the original 100-ha threshold before the modification stays valid under the last clause of Section 4(2).
Cross-references
Read this alongside
- Van (Sanrakshan Evam Samvardhan) Rules, 2023§All·Current rules in force, made under Section 4 — replaced the 2022 and earlier Rules.
Frequently asked
Questions about Section 4
Open this section in the source PDF
Forest Conservation Act, 1980.pdf
Page 2 · opens in new tab