Repeal and saving
(1) The Forest (Conservation) Ordinance, 1980 (17 of 1980) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
In plain English
What this section actually means
Section 5 is a transitional bridge. Before the Act came into being, the President had issued the Forest (Conservation) Ordinance, 1980 (No. 17 of 1980) to put the same restrictions in place urgently — that is why Section 1(3) back-dates the Act's commencement to 25 October 1980.
Sub-section (1) repeals that Ordinance once the Act takes over. Sub-section (2) is the saving clause: anything done under the Ordinance (e.g. a refusal of approval, a notification, a recommendation) is treated as if it were done under the Act. So there is no legal vacuum, and no party can argue that an Ordinance-era action lost its force when the Ordinance was repealed.
This kind of repeal-and-saving provision is standard in Indian statutes whenever an Act replaces an Ordinance — it preserves continuity.
Real life
What this looks like in real life
An approval refusal under the Ordinance is challenged after the Act takes over
Setup. On 1 December 1980, the Centre refused a State's diversion proposal under the Ordinance. After the Act was published on 27 December 1980, the State argues the refusal should lapse with the Ordinance.
What the law does. Section 5(2) saves the refusal. It is deemed to have been issued under the Act, so it continues to operate. The State has no fresh window to bypass it.
Frequently asked
Questions about Section 5
Open this section in the source PDF
Forest Conservation Act, 1980.pdf
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