Updated: Monday April 11, 2011/AlEthnien
Jamada El Oula 08, 1432/Somavara
Chaitra 21, 1933, at 09:29:52 PM
[1][1]The
(Act XVI of 1927)
[21 September
1927]
An
Act to consolidate the law relating to forests, the transit of forest-produce
and the duty leviable on timber and other forest-produce
WHEREAS it is expedient to
consolidate the law relating to forests, the transit of forest-produce and the
duty leviable on timber and other forest-produce;
It is
hereby enacted as follows:---
Chapter I
Preliminary
1. Short title and extent.– (1) This Act may be called the [2][2][* * *] Forest Act, 1927.
[3][3][(2) It extends
to the
(3) [4][4][* *
* * * * * * * * * *].
[5][5][2. Interpretation clause.– In this Act,---
(a) “cattle” includes ungulate, camel, buffalo,
horse, mare, gelding, pony, bull, colt, filly, mule, ass, pig, ram, sheep,
lamb, goat, heifer, bullock and cow;
(b) “Code” means Code of Criminal Procedure, 1898
(V of 1898);
(c) “forest’ means a reserved forest, protected
forest, unclassed forest and village forest and includes wasteland or
rangeland;
(d) “forest land” means a piece of land notified
by the Government as the forest land to develop, protect and conserve forest
and includes a rangeland and wasteland;
(e) “forest land use” means use of a piece of land
for development, conservation and preservation of a forest;
(f) “forest offence” means an offence punishable
under the Act or the rules;
(g) “forest officer” means a person appointed by
the Government as the forest officer;
(h) “forest produce” includes the following,
whether found in or brought from a forest–
(i) timber,
firewood, charcoal, catechu, wood-oil, resin, natural varnish, bark, lac, mahua
flowers, mahaua seeds (kuth) and myrobolam;
(ii) tree and
leaves, flowers, seeds and fruits, and any other part or produce not
hereinbefore mentioned, of a tree;
(iii) plant
not being a tree (including shrub, grass, creeper, reed, moss, mushroom, herb,
medicinal plant and brushwood) and any other part or produce of a plant;
(iv) wild
animal and skin, tusk, horn, bone, silk, cocoon, honey, wax and any other part
or produce of an animal;
(v) peat,
surface soil, rock and mineral (including limestone, laterite, mineral oil, and
any other product of mines or quarries);
(vi) natural
spring; and
(vii) any other
produce which may be notified as forest produce by the Government.
(i) “forest settlement officer” means a person
appointed by the Government as the forest settlement officer;
(j) “Government” means the Government of the
(k) “private public partnership” means management
of a forest as joint venture with a company, individual or entity;
(l) “protected forest” means a forest notified as
protected forest under the Act;
(m) “reserve forest” means a forest notified as
reserved forest under the Act;
(n) “river” includes any stream, canal, creek or
other channel, natural or artificial;
(o) “rules” means the rules made under the Act;
(p) “trespass” means a person or persons entering
a forest with tools and equipment helpful in commission of a forest offence;
(q) “timber”
includes wood (firewood, brushwood, twig, sawdust, chips), whether obtained by
falling of a tree or plant or without it;
(r) “tree” includes a woody plant, palm, bamboo,
stump, brushwood and cane;
(s) “unclassed forest” means a wasteland notified
as the unclassed forest under the Act;
(t) “village forests” means a forest notified as
the village forest under the Act; and
(u) “wasteland”
includes an uncultivated or uncultivable land notified as the wasteland by the
Government.]
Chapter II
Of Reserved Forests
3. Powers to reserve forest.– The [6][6][Government] may constitute any forest-land or
waste-land which is the property of Government, or over which the Government
has proprietary rights, or to the whole or any part of the forest-produce of
which the Government is entitled, a reserved forest in the manner hereinafter
provided.
4. Notification by [7][7][Government].– (1) Whenever it has been decided to constitute any
land a reserved forest, the [8][8][Government] shall issue a notification in the [9][9][official Gazette]–
(a) declaring
that it has been decided to constitute such land a reserved forest;
(b) specifying,
as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the
Explanation– For the purpose of clause (b), it shall be
sufficient to describe the limits of the forest by roads, rivers, bridges or
other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c)
of sub-section (1) shall ordinarily be a person not holding any forest-office
except that of
(3) Nothing in this section shall prevent
the [10][10][Government] from appointing any number of officers
not exceeding three, not more than one of whom shall be a person holding any
forest-office except as aforesaid, to perform the duties of a Forest
Settlement-officer under this Act.
5. Bar of accrual of forest-rights.– After the issue of a notification under section 4, no right shall be
acquired in or over the land comprised in such notification, except by
succession or under a grant or contract in writing made or entered into by or [11][11][on behalf of the Government] or some person in whom such right was
vested when the notification was issued; and no fresh clearings for cultivation
or for any other purpose shall be made in such land except in accordance with
such rules as may be made by the [12][12][Government] in this behalf.
6. Proclamation by Forest
Settlement-officer.– When a notification has
been issued under section 4, the Forest Settlement-officer shall publish in the
local vernacular in every town and village in the neighbourhood of the land comprised
therein, a proclamation,---
(a) specifying, as nearly
as possible, the situation and limits of the proposed forest;
(b) explaining the
consequences which, as hereinafter provided, will ensue on the reservation of
such forest; and
(c) fixing
a period of not less than three months from the date of such proclamation, and
requiring every person claiming any right mentioned in section 4 or section 5
within such period either to present to the Forest Settlement-officer a written
notice specifying or to appear before him and state, the nature of such right
and the amount and particulars of the compensation (if any) claimed in respect
thereof.
7. Inquiry by Forest
Settlement-officer.–
The Forest Settlement-officer shall take down in writing all statements made
under section 6, and shall at some convenient place inquire into all claims
duly preferred under that section, and the existence of any rights mentioned in
section 4 or section 5 and not claimed under section 6 so far as the same may
be ascertainable from the records of Government and the evidence of any persons
likely to be acquainted with the same.
8. Powers of Forest Settlement-officer.– For the purpose of such inquiry, the Forest
Settlement-officer may exercise the following powers, that is to say:-
(a) power
to enter, by himself or any officer authorised by him for the purpose, upon any
land, and to survey, demarcate and make a map of the same; and
(b) the
powers of a
9. Extinction of rights.– Rights in respect of which no claim has been
preferred under section 6, and of the existence of which no knowledge has been
acquired by inquiry under section 7, shall be extinguished, unless, before the
notification under section 20 is published, the person claiming them satisfies
the Forest Settlement-officer that he had sufficient cause for not preferring
such claim within the period fixed under section 6.
10. Treatment of claims relating to practice of
shifting cultivation.–
(1) In the case of a claim relating to the practice of shifting cultivation,
the Forest Settlement-officer shall record a statement setting forth the
particulars of the claim and of any local rule or order under which the
practice is allowed or regulated, and submit the statement to the [13][13][Government], together with his opinion as to whether
the practice should be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion,
the [14][14][Government] may make an order permitting or
prohibiting the practice wholly or in part.
(3) If such practice is permitted wholly or
in part, the
(a) by
altering the limits of the land under settlement so as to exclude land of
sufficient extent, of a suitable kind, and in a locality reasonably convenient
for the purposes of the claimants, or
(b) by
causing certain portions of the land under settlement to be separately
demarcated, and giving permission to the claimants to practice shifting
cultivation therein under such conditions as he may prescribe.
[15][15][(3-a) If the admission of
any claim, right or interest in a forest is found detrimental to the forest,
the Government may acquire the right or interest in accordance with the
provisions of the Land Acquisition Act 1894 (I of 1894) and may entrust the
powers of Collector under the Land Acquisition Act 1894 (I of 1894) upon a
forest settlement officer.]
(4) All arrangements made under sub-section
(3) shall be subject to the previous sanction of the [16][16][Government].
(5) The practice of shifting cultivation
shall in all cases be deemed a privilege subject to control, restriction and
abolition by the [17][17][Government].
[18][18][(6) The forest settlement
officer may permit the practice of shifting cultivation for a period not
exceeding three years, in case of undeveloped wasteland in order to develop it
into a productive forest, in accordance with the provisions of this section.]
11. Power to
acquire land over which right is claimed.– (1) In the case of a claim to a
right in or over any land other than a right-of-way or right of pasture, or a
right to forest-produce or a water-course, the Forest Settlement-officer shall
pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in
part, the
(i) exclude such land from the limits of the
proposed forest; or
(ii) come to an agreement with the owner thereof
for the surrender of his rights; or
(iii) proceed to acquire such land in the manner
provided by the Land Acquisition Act, 1894[19][19].
(3) For
the purpose of so acquiring such land,---
(a) the
forest Settlement-officer shall be deemed to be a [20][20][District Officer (Revenue)] proceeding under the Land
Acquisition Act, 1894;
(b) the
claimant shall be deemed to be a person interested and appearing before him in
pursuance of a notice given under section 9 of that Act;
(c) the
provisions of the preceding sections of that Act shall be deemed to have been
complied with; and
(d) the [21][21][District Officer (Revenue)], with the consent of the
claimant, or the Court, with the consent of both parties, may award
compensation in land, or partly in land and partly in money.
12. Order on
claims to rights of pasture or to forest-produce.– In the case of a claim to rights
of pasture or to forest-produce, the Forest Settlement-officer shall pass an
order admitting or rejecting the same in whole or in part.
13. Record to be made by Forest
Settlement-officer.–
The Forest Settlement-officer, when passing any order under section 12, shall
record, so far as may be practicable,–
(a) the
name, father’s name, caste, residence and occupation of the person claiming the
right; and
(b) the
designation, position and area of all fields or groups of fields (if any), and
the designation and position of all buildings (if any) in respect of which the
exercise of such rights is claimed.
14. Record where he admits claim.– If the Forest Settlement-officer admits in whole or
in part any claim under section 12, he shall also record the extent to which
the claim is so admitted, specifying the number and description of the cattle
which the claimant is from time to time entitled to graze in the forest, the
season during which such pasture is permitted, the quantity of timber and other
forest-produce which he is from time to time authorised to take or receive, and
such other particulars as the case may require. He shall also record whether
the timber or other forest-produce obtained by the exercise of the rights
claimed may be sold or bartered.
15. Exercise of rights admitted.– (1) After making such record the Forest
Settlement-officer shall, to the best of his ability, and having due regard to
the maintenance of the reserved forest in respect of which the claim is made,
pass such orders as will ensure the continued exercise of the rights so
admitted.
(2) For this purpose the
(a) set out some other forest-tract of sufficient
extent, and in a locality reasonably convenient, for the purposes of such
claimants, and record an order conferring upon them a right of pasture or to
forest-produce (as the case may be) to the extent so admitted; or
(b) so
alter the limits of the proposed forest as to exclude forest-land of sufficient
extent, and in a locality reasonably convenient, for the purposes of the
claimants; or
(c) record
an order, continuing to such claimants a right of pasture or to forest-produce,
as the case may be, to the extent so admitted, at such seasons, within such
portions of the proposed forest, and under such rules, as may be made in this
behalf by the [22][22][Government].
16. Commutation of rights.– In case the Forest Settlement-officer finds it
impossible, having due regard to the maintenance of the reserved forest, to
make such settlement under section 15 as shall ensure the continued exercise of
the said rights to the extent so admitted, he shall, subject to such rules as
the [23][23][Government] may make in this behalf, commute such
rights, by the payment to such persons of a sum of money in lieu thereof, or by
the grant of land, or in such other manner as he thinks fit.
17. Appeal from
order passed under section 11, section 12, section 15 or section 16.– Any person who has made a claim
under this Act, or any Forest-officer or other person generally or specially
empowered by the [24][24][Government] in this behalf, may, within three months
from the date of the order passed on such claim by the Forest
Settlement-officer under section 11, section 12, section 15 or section 16,
present an appeal from such order to such officer of the Revenue Department, of
rank not lower than that of a [25][25][District Officer (Revenue)], as the [26][26][Government] may, by notification in the [27][27][official Gazette], appoint to hear appeals from such
orders:
Provided
that the [28][28][Government] may establish a Court (hereinafter called
the
18. Appeal under section 17.– (1) Every appeal under section 17 shall be made by
petition in writing, and may be delivered to the
(2) If the appeal be to an officer appointed
under section 17, it shall be heard in the manner prescribed for the time being
for the hearing of appeals in matters relating to land revenue.
(3) If the appeal be to the
(4) The order passed on the appeal by such
officer or Court, or by the majority of the members of such Court, as the case
may be, shall, subject to revision by the [30][30][Government], be final.
19. Pleaders.– The [31][31][Government], or any person who has made a claim under
this Act, may appoint any person to appear, plead and act on its or his behalf
before the Forest Settlement-officer, or the appellate officer or Court, in the
course of any inquiry or appeal under this Act.
20. Notification declaring forest reserved.– (1) When the following events have occurred, namely:---
(a) the period fixed
under section 6 for preferring claims has elapsed, and all claims, if any, made
under that section or section 9 have been disposed of by the Forest
Settlement-officer;
(b) if any such claims
have been made, the period limited by section 17 for appealing from the orders
passed on such claims has elapsed, and all appeals (if any) presented within
such period have been disposed of by the appellate officer or Court; and
(c) all
lands (if any) to be included in the proposed forest, which the Forest
Settlement-officer has, under section 11, elected to acquire under the Land
Acquisition Act, 1894[32][32], have become vested in the Government under section
16 of that Act,
the [33][33][Government] shall publish a notification in the [34][34][official Gazette], specifying definitely, according
to boundary-marks erected or otherwise the limits of the forest which is to be
reserved, and declaring the same to be reserved from a date fixed by the
notification.
(2) From the date so fixed such forest shall
be deemed to be a reserved forest.
21. Publication
of translation of such notification in neighbourhood of forest.– The Forest-officer shall, before
the date fixed by such notification, cause a translation thereof into the local
vernacular to be published in every town and village in the neighbourhood of
the forest.
22. Power to
revise arrangement made under section 15 or section 18.– The [35][35][Government] may, within five years from the
publication of any notification under section 20, revise any arrangement made
under section 15 or section 18, and may for this purpose rescind or modify any
order made under section 15 or section 18, and direct that any one of the
proceedings specified in section 15 be taken in lieu of any other of such
proceedings, or that the rights admitted under section 12 be commuted under
section 16.
23. No right acquired over reserved forest,
except as here provided.–
No right of any description shall be acquired in or over a reserved forest
except by succession or under a grant or contract in writing made by or [36][36][on behalf of the Government] or some person in whom
such right was vested when the notification under section 20 was issued.
24. Rights not to be alienated without sanction.– (1) Notwithstanding anything contained in section 23,
no right continued under clause (c) of sub-section (2) of section 15 shall be
alienated by way of grant, sale, lease, mortgage or otherwise, without the
sanction of the [37][37][Government]:
Provided
that, when any such right is appendant to any land or house, it may be sold or
otherwise alienated with such land or house.
(2) No timber of other forest-produce
obtained in exercise of any such right shall be sold or bartered except to such
extent as may have been admitted in the order recorded under section 14.
25. Power to stop ways and watercourses in
reserved forests.–
The Forest-officer may, with the previous sanction of the [38][38][Government] or of any officer duly authorised by it
in this behalf, stop any public or private way or watercourse in a reserved
forest, provided that a substitute for the way or water-course so stopped,
which the [39][39][Government] deems to be reasonably convenient,
already exists, or has been provided or constructed by the Forest-officer in
lieu thereof.
[40][40][26. Offences relating to reserved
forests.– (1) A person,
who in a reserved forest,---
(a) makes fresh clearing which is prohibited
under section 5;
(b) kindles fire or burns fire in the manner which
endangers the forest or sets on fire any plant or tree;
(c) causes damage by negligently felling a tree,
cutting or dragging any timber;
(d) cuts or damages any plant;
(e) fells, girdles, lops, taps or burns a tree or
strips off a bark or leaves of a tree or otherwise damages the same;
(f) quarries stones, mines, minerals, burns lime
or charcoal, or collects or removes any forest produce;
(g) constructs any building, structure, hutment
or cattle pen;
(h) clears
or breaks up any land for cultivation or any other purpose;
(i) encroaches upon the forest land;
(j) causes damage or tempers with barbed wire,
or fence erected in or around the forest;
(k) contravenes any rules relating to hunting,
shooting, fishing, or setting up traps or snares;
(l) kindles, keeps or carries any fire except
during such season as the forest officer may notify in this behalf;
(m) trespasses or pastures cattle, or permits
cattle to trespass;
(n) removes or causes damage to the soil, water,
natural vegetation (shrubs, herbs and plants), fish, wild animals and wild
birds;
(o) damages any structures such as water channel,
check dam, embankment, reservoir or pond;
(p) changes the land use for the purpose other
than development, preservation or conservation of the forest or park; and
(q) installs
a saw mill, charcoal kiln or establishes timber or firewood depot or operates
any mechanical aid designed to cut, fashion or convert a tree or timber or
fabricates wood into articles of furniture, building materials, joinery or articles
of domestic or commercial use in or within five mile radius of the forest;
shall be punished in accordance with the provisions of
this section.
(2) If a
person contravenes any provision of sub-section (1), the person shall be liable
to punishment of imprisonment for a term which may extend to six months or fine
mentioned in sub-section (3) or to both.
(3) The value
of the damage caused due to the offence and corresponding amount of fine for
the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees;
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees;
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred and fifty thousand rupees;
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five hundred thousand rupees; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage.
(4) If
a person commits any offence under this section after sunset and before sunrise
or where the person has been previously convicted for a forest offence, the
person shall be liable to punishment of imprisonment which may extend to one
year or double of the fine mentioned in sub-section (3) or to both.
(5) Nothing in this section shall be
deemed as an offence, if the act is done–
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act,
rules, grant or contract made by the Government.
(6) If fire in a reserved forest is caused
willfully or by gross negligence, the Government may suspend exercise of any or
all rights of pasture or to forest produce, for such period as it may
determine.
(7) The Government may, after affording an
opportunity of hearing and for reasons to be recorded in writing, extinguish a
right or interest of a person in a reserved forest.
(8) The forest officer shall seize the
forest produce in respect of which an offence is committed together with any
tool, carriage wagon, cart or other vehicle for transport and anything used in
the commission of the offence.]
[41][41][26-A. Removal of encroachments etc., from
reserved forests.–
(1) A Court convicting an accused person of an offence under clause (h) of
sub-section (1) of section 26 shall direct the accused, if he or any other
person on his behalf be in possession of the land in respect of which he is
convicted, to deliver possession of the same within such period not exceeding
thirty days, as the Court may fix in this behalf, to the prescribed Forest Officer,
and to remove within the said period any encroachments which the accused may
have put up or erected on such land.
[42][42][(2) If the Court directs an
accused person under sub-section (1) to deliver possession of land in a
reserved forest to the prescribed forest officer or to remove the encroachment
and the person fails to deliver the possession or remove the encroachment
within the specified period, the Court may–
(a) direct ejectment of the person from the land or removal of the
encroachment with such force as may be necessary and in such manner as may be
prescribed;
(b) impose upon the accused person, a fine which
may extend to one thousand rupees for every day, after the period fixed by the
Court under the provisions of sub-section (1) has expired and the person
remains in possession of the land or fails to remove the encroachment on such
land; and
(c) direct the
accused person to pay to the Government the expenditure incurred by the
Government on removal of the encroachment.]
[43][43][27. Power to declare forest
no longer reserved.– (1) The
Government shall not declare or notify a reserved forest or any part of the
reserved forest as being no longer reserved forest.
(2) The Government shall not allow change in
land use of a reserved forest, except for the purposes of right of way,
building of roads and development of a
Chapter III
Of Village-Forests
28. Formation of village forests.– (1) The [44][44][Government] may assign to any village-community the
rights of Government to or over any land which has been constituted a reserved
forest, and may cancel such assignment. All forests so assigned shall be called
village-forests.
[45][45][(2) The Government may make rules for
management of a village-forest, conditions under which the village community
may use the forest produce other than timber and pasture and duties of the
village community for the protection and improvement of the forest.]
(3) All the provisions of this Act relating
to reserved forests shall (so far as they are not inconsistent with the rules
so made) apply to village-forests.
[46][46][28-A. Unclassed
forests.– (1) The Government may, by notification, declare a wasteland, not
being a reserved forest or protected forest, as unclassed forest.
(2) The Government may, by notification,
direct that all or any provisions of this Act relating to a reserved forest or
protected forest, shall apply to an unclassed forest.
(3) The Government may make rules for
management of an unclassed forest.]
Chapter IV
Of Protected Forests
29. Protected forests.– (1) The [47][47][Government] may, by notification in the [48][48][official Gazette], declare the provisions of this
Chapter applicable to 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, or to the whole or any part of the
forest-produce of which the Government is entitled.
(2) The forest-land and waste-lands
comprised in any such notification shall be called a “protected forest”.
(3) No such notification shall be made
unless the nature and extent of the rights of Government and of private persons
in or over the forest-land or waste-land comprised therein have been inquired
into and recorded at a survey or settlement, or in such other manner as the [49][49][Government] thinks sufficient. Every Such record
shall be presumed to be correct until the contrary is proved:
Provided
that, if, in the case of any forest-land or wasteland, the [50][50][Government] thinks that such inquiry and record are
necessary, but that they will occupy such length of time as in the meantime to
endanger the rights of Government, the [51][51][Government] may, pending such inquiry and record,
declare such land to be a protected forest, but so as not to abridge or affect
any existing rights of individuals or communities.
30. Power to
issue notification reserving trees, etc.– The [52][52][Government] may, by notification in the [53][53][official Gazette],---
(a) declare
any trees or class of trees in a protected forest to be reserved from a date
fixed by the notification;
(b) declare
that any portion of such forest specified in the notification shall be closed
for such term, not exceeding thirty years, as the [54][54][Government] thinks fit, and that the rights of
private persons, if any, over such portion shall be suspended during such term,
provided that the remainder of such forest be sufficient, and in a locality
reasonably convenient, for the due exercise of the rights suspended in the
portion so closed; or
(c) prohibit,
from a date fixed as aforesaid, the quarrying of stone, or the burning of lime
or charcoal, or the collection or subjection to any manufacturing process, or
removal of, any forest-produce in any such forest, and the breaking up or
clearing for cultivation, for building, for herding cattle or for any other
purpose, of any land in any such forest.
31. Publication of translation of such
notification in neighbourhood.– The [55][55][District Officer (Revenue)] shall cause a translation
into the local vernacular of every notification issued under section 30 to be
affixed in a conspicuous place in every town and village in the neighbourhood
of the forest comprised in the notification.
[56][56][32. Power
to make rules for protected forests.– The Government may make rules to
regulate the following matters in relation to a protected forest,---
(a) cutting, sawing,
conversion and removal of trees and timber, and the collection, manufacture and
removal of forest-produce;
(b) granting of
licence to an inhabitant of a town or village in the vicinity of the protected
forest to use forest produce and withdrawal of the licence;
(c) granting of
licence to a person for felling or removing a tree or timber or other
forest-produce for the purpose of trade and withdrawal of the licence;
(d) payment that a
licensee is required to make in respect of the licence, tree, timber or forest
produce;
(e) examination of
forest produce passing out of the forest;
(f) clearing
or breaking up of land for cultivation or any other purpose;
(g) protection from
fire of the timber lying in the forest and a tree reserved under section 30;
(h) cutting of grass
and pasturing of cattle;
(i) hunting,
shooting, fishing, poisoning water and setting trap or snare;
(j) protection and
management of any portion of the forest closed under section 30;
(k) exercise of a
right under section 29;
(l) quarrying or
mining of stones or minerals, burning of lime or charcoal, collection or
removal of any forest produce;
(m) soil, water,
natural vegetation, fish, wild animals and wild birds;
(n) change of land use
in the forest;
(o) protection of the
forest land from encroachment;
(p) water
channels, check dams, embankments, reservoirs and ponds;
(q) construction of a
building, structure, hutment and cattle pen;
(r) installation of a
saw mill or operation of any mechanical aid designed to cut, fashion or convert
tree or timber or fabrication of wood into articles of furniture, building
material, joinery or articles of domestic or commercial use in the forest or
within five miles radius of the forest; and
(s) barbed wire fence
in or around the forest.]
[57][57][33. Offences relating to protected
forests.– (1) A person,
who in a protected forest,---
(a) fells,
girdles, lops, taps or burns a tree reserved under section 30, or strips off
the bark or leaves from, or otherwise damages, the tree;
(b) contrary to any prohibition under section 30,
quarries any stone, or burns any lime or charcoal, or collects, subjects to any
manufacturing process, or removes any forest produce;
(c) contrary to any prohibition under section 30,
breaks up or clears for cultivation or any other purpose any land of the
forest;
(d) sets
or kindles fire without taking reasonable precautions to prevent its spreading
to any tree reserved under section 30, whether standing, fallen or felled, or
to any closed portion of the forest;
(e) leaves any fire burning in the vicinity of any
reserved tree or closed portion of the forest;
(f) fells any tree or drags any timber and
damages any reserved tree;
(g) permits cattle to damage any reserved tree;
and
(h) infringes any rule made under section 32;
shall be punished in accordance with the provisions of this section.
(2) If a
person contravenes any provision of sub-section (1), the person shall be liable
to punishment of imprisonment for a term which may extend to six months or fine
mentioned in sub-section (3) or to both.
(3) The value
of the damage caused due to the offence and corresponding amount of fine for
the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees;
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees;
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred and fifty thousand rupees;
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five hundred thousand rupees; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage.
(4) If a person commits any offence under
this section after sunset and before sunrise or where the person has been
previously convicted for a forest offence, the person shall be liable to
punishment of imprisonment which may extend to one year or double of the fine
mentioned in sub-section (3) or to both.
(5) Nothing in this section shall be deemed
as an offence, if the act is done–
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act, rules,
grant or contract made by the Government.
(6) If fire in a protected forest is caused
willfully or by gross negligence, the Government may suspend exercise of any or
all rights of pasture or to forest produce, for such period as it may
determine.]
[58][58][33-A. Power of Court to convict trespasser.– (1) A Court convicting an accused person of an office
under clause (c) of sub-section (1) of section 33, shall direct the accused, if
he or any other person on his behalf be in possession of the land in respect of
which he is convicted to deliver possession of the same within such period not
exceeding thirty days as the Court may fix in this behalf, to the prescribed
Forest-officer, and to remove within the said period any encroachment which the
accused may have put up or erected on such land.
[59][59][(2) If a person fails to
deliver possession of land to the forest officer or to remove the encroachment
in contravention of the order of the Court under sub-section (1),---
(a) the Court may order ejectment of the person
from the land or removal of the encroachment with such force as may be
necessary and in the manner as may be prescribed;
(b) the person shall be liable to fine which may
extend to one thousand rupees for every day during which the person remains in
possession of the land or fails to remove the encroachment after the expiry of
the period fixed by the Court under sub-section (1); and
(c) the Government may recover from the person
the expenditures incurred on removal of the encroachment as arrears of land
revenue.]]
34. Nothing in
this Chapter to prohibit acts done in certain cases.– Nothing in this Chapter shall be
deemed to prohibit any act done with the permission in writing of the
Forest-officer, or in accordance with rules made under section 32, or except as
regards any portion of a forest closed under section 30, or as regards any
rights the exercise of which has been suspended under section 33, in the
exercise of any right recorded under section 29.
[60][60][34-A. Power to declare forest no longer protected.– (1) The Government shall not declare or notify a protected forest
or any part of the protected forest as being no longer protected forest.
(2) The Government shall not allow change in
land use of a protected forest, except for the purposes of right of way,
building of roads and development of a
Chapter V
Of the
not being the property of Government
35. Protection of forests for special purposes.– (1) The [61][61][Government] may, by notification in the [62][62][official Gazette], regulate or prohibit in any forest
or waste-land–
(a) the breaking up or clearing of land for
cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary
for any of the following purposes:-
(i) for protection against storms, winds, rolling
stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges
and slopes and in the valleys of hilly tracts, the prevention of land-slips or
of the formation of ravines and torrents, or the protection of land against
erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in
springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways
and other lines of communication;
(v) for the preservation of the public health.
(2) The [63][63][Government] may, for any such purpose, construct at
its own expense, in or upon any forest or waste-land, such work as it thinks
fit.
(3) No notification shall be made under
sub-section (1) nor shall any work be begun under sub-section (2), until after
the issue of a notice to the owner of such forest or land calling on him to
show cause, within a reasonable period to be specified in such notice, why such
notification should not be made or work constructed, as the case may be, and
until his objections, if any, and any evidence he may produce in support of the
same, have been heard by an officer duly appointed in that behalf and have been
considered by the [64][64][Government].
36. Power to
assume management of forests.– (1) In case of neglect of, or wilful
disobedience to, any regulation or prohibition under section 35, or if the
purposes of any work to be constructed under that section so require, the [65][65][Government] may, after notice in writing to the owner
of such forest or land and after considering his objections, if any, place the
same under the control of a Forest-officer, and may declare that all or any of
the provisions of this Act relating to reserved forests shall apply to such
forest or land.
(2) The net profits, if any, arising from
the management of such forest or land shall be paid to the said owner.
37. Expropriation of forests in certain cases.– (1) In any case under this Chapter in which the [66][66][Government] considers that , in lieu of placing the
forest or land under the control of a Forest-officer, the same should be
acquired for public purposes, the [67][67][Government] may proceed to acquire it in the manner
provided by the Land Acquisition Act, 1894[68][68].
(2) The owner of any forest or land
comprised in any notification under section 35 may, at any time not less than
three or more than twelve years from the date thereof, require that such forest
or land shall be acquired for public purposes, and the [69][69][Government] shall acquire such forest or land
accordingly.
38. Protection of forests at request of owners.– (1) The owner of any land or, if there be more than
one owner thereof, the owners of shares therein amounting in the aggregate to
at least two-thirds thereof may, with a view to the formation or conservation
of forests thereon, represent in writing to the [70][70][District Officer (Revenue)] their desire–
(a) that
such land be managed on their behalf by the Forest-officer as a reserved or a
protected forest on such terms as may be mutually agreed upon; or
(b) that
all or any of the provisions of this Act by applied to such land.
(2) In either case, the [71][71][Government] may, by notification in the [72][72][official Gazette], apply to such land such provisions
of this Act, as it thinks suitable to the circumstances thereof and as may be
desired by the applicants.
Chapter VI
Of the Duty on Timber and
other Forest-Produce
39. Power to impose duty on timber and other
forest-produce.– (1) The [73][73][Government] may levy a duty in such manner, at such
places and at such rates as it may declare by notification in the [74][74][official Gazette] on all timber or other
forest-produce,---
(a) which
is produced in [75][75][
(b) which
is brought from any place outside [77][77][
[79][79][* * * * * * * * * * * *]
(2) In every case in which such duty is
directed to be levied ad valorem, the
[80][80][Government] may fix by like notification the value on
which such duty shall be assessed.
[81][81][* * * * * * * * * * * * *]
40. Limit not to apply to purchase-money or
royalty.– Noting in this
Chapter shall be deemed to limit the amount, if any, chargeable as
purchase-money or royalty on any timber or other forest-produce, although the
same is levied on such timber or produce while in transit, in the same manner
as duty is levied.
Chapter VII
Of the Control of Timber and
other
Forest-Produce in Transit
41. Power to make rules to regulate, transit of
forest-produce.– (1) The control
of all rivers and their banks as regards the floating of timber, as well as the
control of all timber and other forest-produce in transit by land or water, is
vested in the [82][82][Government], and it may make rules to regulate the
transit of all timber and other forest-produce.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may,---
(a) prescribe
the routes by which alone timber or other forest-produce may be imported,
exported or moved into, from or within [83][83][the Province];
(b) prohibit
the import or export or moving of such timber or other produce without a pass
from an officer duly authorised to issue the same, or otherwise than in
accordance with the conditions of such pass;
(c) provide
for the issue, production and return of such passes and for the payment of fees
therefor;
(d) provide for the stoppage, reporting
examination and marking of timber or other forest-produce in transit, in
respect of which there is reason to believe that any money is payable to [84][84][the Government] on account of the price thereof, or
on account of any duty, fee, royalty or charge due thereon, or, to which it is
desirable for the purposes of this Act to affix a mark;
(e) provide for the
establishment and regulation of depots to which such timber or other produce
shall be taken by those incharge of it for examination, or for the payment of
such money, or in order that such marks may be affixed to it; and the
conditions under which such timber or other produce shall be brought to, stored
at and removed from such depots;
(f) prohibit
the closing up or obstructing of the channel or banks of any river used for the
transit of timber or other forest-produce, and the throwing of grass,
brushwood, branches or leaves into any such river or any act which may cause
such river to be closed or obstructed;
(g) provide
for the prevention or removal of any obstruction of the channel or banks of any
such river, and for recovering the cost of such prevention or removal from the
person whose acts or negligence necessitated the same;
[85][85][(h) prohibit absolutely or
subject to conditions, within stipulated local limits, the establishment of
sawpit, sawmill, charcoal kiln, timber or fire wood depot within five miles
radius of the forest, converting, cutting, burning, concealing or making of
timber, altering or effacing of any mark on the same or possession or carrying
of marking hammer; and]
(i) regulate
the use of property marks for timber, and the registration of such marks;
prescribe the time for which such registration shall hold good; limit the
number of such marks that may be registered by any one person, and provide for
the levy of fees for such registration.
(3) The [86][86][Government] may direct that any rule made under this
section shall not apply to any specified class of timber or other
forest-produce or to any specified local area.
[87][87][41-A. Powers of [88][88][Government] as to movements of timber across Customs
frontiers.– Notwithstanding
anything in section 41, the [89][89][Government] may make rules to prescribe the route by
which alone timber or other forest-produce may be imported, exported or moved
into or from [90][90][Pakistan] across any customs frontier as defined by
the [91][91][Government], and any rules made under section 41
shall have effect subject to the rules made under this section.]
42. Penalty for breach of rules made under
section 41.– [92][92][(1) If a person
contravenes any rule, the Government may prescribe that the person shall be
liable to imprisonment which may extend to six months or fine which may extend
to one million rupees or to both.]
(2) Such rules may provide that penalties
which are double of those mentioned in sub-section (1) may be inflicted in
cases where the offence is committed after sunset and before sunrise, or after
preparation for resistance to lawful authority, or where the offender has been
previously convicted of a like offence.
43. Government and Forest-officers not liable for
damage to forest-produce at depot.– The [93][93][Government] shall not be responsible for any loss or
damage which may occur in respect of any timber or other forest-produce while
at a depot established under a rule made under section 41, or while detained
elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible
for any such loss or damage, unless he causes such loss or damage negligently,
maliciously or fraudulently.
44. All persons bound to aid in case of accident
at depot.– In case of any
accident or emergency involving danger to any property at any such depot, every
person employed at such depot, whether by the [94][94][Government] or by any private person, shall render
assistance to any Forest-officer or Police-officer demanding his aid in
averting such danger or securing such property from damage or loss.
Chapter VIII
Of the Collection of Drift
and Stranded Timber
45. Certain kinds of timber to be deemed property
of Government until title thereto provided, and may be collected accordingly.– (1) All timber found adrift, beached, stranded or
sunk;
all wood or timber
bearing marks which have not been registered in accordance with the rules made
under section 41, or on which the marks have been obliterated, altered or
defaced by fire or otherwise; and
in
such areas as the [95][95][Government] directs, all unmarked wood and timber;
shall be deemed to be the property of Government, unless and until any
person establishes his right and title thereto, as provided in this Chapter.
(2) Such timber may be collected by any
Forest-officer or other person entitled to collect the same by virtue of any
rule made under section 51, and may be brought to any depot which the
Forest-officer may notify as a depot for the reception of drift timber.
(3) The [96][96][Government] may, by notification in the [97][97][official Gazette] exempt any class of timber from the
provisions of this section.
46. Notice to
claimants of drift timber.– Public notice shall from time to time be given by the
Forest-officer of timber collected under section 45. Such notice shall contain
a description of the timber, and shall require any person claiming the same to
present to such officer, within a period not less than two months from the date
of such notice, a written statement of such claim.
47. Procedure on claim preferred to such timber.– (1) When any such statement is presented as aforesaid, the
Forest-officer may, after making such inquiry as he thinks fit, either reject
the claim after recording his reasons for so doing, or deliver the timber to
the claimant.
(2) If such timber is claimed by more than one
person, the Forest-officer may either deliver the same to any of such persons
whom he deems entitled thereto, or may refer the claimants to the Civil Courts,
and retain the timber pending the receipt of an order from any such Court for
its disposal.
(3) Any person whose claim has been rejected
under this section may, within three months from the date of such rejection,
institute a suit to recover possession of the timber claimed by him; but no
person shall recover any compensation or costs against the [98][98][Government], or against any Forest-officer, on
account of such rejection, or the detention or removal of any timber, or the
delivery thereof to any other person under this section.
(4) No such timber shall be subject to
process of any Civil, Criminal or
48. Disposal of
unclaimed timber.– If no such statement is presented as aforesaid, or if
the claimant omits to prefer his claim in the manner and within the period
fixed by the notice issued under section 46, or on such claim having been so
preferred by him and having been rejected, omits to institute a suit to recover
possession of such timber within the further period fixed by section 47, the
ownership of such timber shall vest in the government, or , when such timber
has been delivered to another person under section 47, in such other person
free from all encumbrances not created by him.
49. Government
and its officers not liable for damage to such timber.– The [99][99][Government] shall not be responsible for any loss or
damage which may occur in respect of any timber collected under section 45, and
no Forest-officer shall be responsible for any such loss or damage, unless he
causes such loss or damage negligently, maliciously or fraudulently.
50. Payments to be made by claimant before timber
is delivered to him.–
No person shall be entitled to recover possession of any timber collected or
delivered as aforesaid until he has paid to the Forest-officer or other person
entitled to receive it such sum on account thereof as may be due under any rule
made under section 51.
51. Power to make rules and prescribe penalties.– (1) The [100][100][Government] may make rules to regulate the following
matters, namely:---
(a) the
salving, collection and disposal of all timber mentioned in section 45;
[101][101][(b) the use and registration
of boats and other vehicles used in salving and collecting timber;]
(c) the
amounts to be paid for salving, collecting, moving, storing or disposing of
such timber; and
(d) the
use and registration of hammers and other instruments to be used for marking
such timber.
[102][102][(2) If a person contravenes
any rule made under this section, the Government may prescribe that the person
shall be liable to imprisonment which may extend to six months or fine which
may extend to one million rupees or to both.]
Chapter IX
Penalties and Procedure
52. Seizure of property liable to confiscation.– (1) When there is reason to believe that a
forest-offence has been committed in respect of any forest-produce, such
produce, together with all tools, boats, [103][103][vehicles] or cattle used in committing any such
offence, may be seized by any Forest-officer or Police-officer.
(2) Every officer seizing any property under
this section shall place on such property a mark indicating that the same has
been so seized, and shall, as soon as may be, make a report of such seizure to
the Magistrate having jurisdiction to try the offence on account of which the
seizure has been made:
Provided that, when the
forest-produce with respect to which such offence is believed to have been
committed is the property of Government, and the offence is unknown, it shall
be sufficient if the officer makes, as soon as may be, a report of the circumstances
to his official superior.
[104][104][53. Power to release property.– A forest officer, not being below the
rank of a Ranger, may release a tool, boat, vehicle or cattle, not being the
forest produce, seized under section 52, on the execution of a bond by the
owner of the property before the Magistrate, as and when required.]
54. Procedure thereupon.– Upon the receipt of any such report, the Magistrate
shall, with all convenient despatch, take such measures as may be necessary for
the arrest and trial of the offender and the disposal of the property according
to law.
55. Forest produce, tools, etc., when liable to
confiscation.– (1) All timber
or forest-produce which is not the property of Government and in respect of
which a forest-offence has been committed, and all tools, boats, [105][105][vehicles] and cattle used in committing any
forest-offence, shall be liable to confiscation.
(2) Such confiscation may be in addition to
any other punishment prescribed for such offence.
56. Disposal on conclusion of trial for
forest-offence, of produce in respect of which it was committed.– When the trial of any forest-offence is concluded, any forest-produce
in respect of which such offence has been committed shall, if it is the
property of Government or has been confiscated, be taken charge of by a
Forest-officer, and, in any other case, may be disposed of in such manner as
the Court may direct.
57. Procedure when offender not known, or cannot
be found.– When the
offender is not known or cannot be found the Magistrate may, if he finds that
an offence has been committed, order the property in respect of which the
offence has been committed to be confiscated and taken charge of by the
Forest-officer, or to be made over to the person whom the Magistrate deems to
be entitled to the same:
Provided
that no such order shall be made until the expiration of one month from the
date of seizing such property, or without hearing the person, if any, claiming
any right thereto, and the evidence, if any, which he may produce in support of
his claim.
58. Procedure as to perishable property seized
under section 52.–
The Magistrate may, notwithstanding anything hereinbefore contained, direct the
sale of any property seized under section 52 and subject to speedy and natural
decay, and may deal with the proceeds as he would have dealt with such property
if it had not been sold.
59. Appeal from orders under section 55, section
56, or section 57.–
The officer who made the seizure under section 52, or any of his official
superiors, or any person claiming to be interested in the property so seized,
may , within one month from the date of any order passed under section 55,
section 56 or section 57, appeal therefrom to the Court to which orders made by
such Magistrate are ordinarily appealable, and the order passed on such appeal
shall be final.
60. Property when to vest in Government.– When an order for the confiscation of any property
has been passed under section 55 or section 57, as the case may be, and the
period limited by section 59 for an appeal from such order has elapsed, and no
such appeal has been preferred, or when, on such an appeal being preferred, the
appellate Court confirms such order in respect of the whole or a portion of
such property, such property or such portion thereof, as the case may be, shall
vest in the Government free from all encumbrances.
[106][106][61. Power to release a seized property.– Notwithstanding anything
contained in this Chapter, an officer, authorized in this behalf by the
Government, may direct immediate release of any property, which is wrongfully
seized under this Act, not being the property of the Government.]
62. Punishment for wrongful seizure.– Any Forest-officer or Police-officer who vexatiously and unnecessarily
seizes any property on pretence of seizing property liable to confiscation
under this Act shall be punishable with imprisonment for a term which may
extend to six months, or with fine which may extend to five hundred rupees, or
with both.
[107][107][63. Penalty for counterfeiting or defacing marks on trees and timber and
for altering boundary marks.– (1) If a person, with intent to cause damage
or injury to the public or to any other person, or to cause wrongful gain–
(a) knowingly counterfeits upon any timber or
standing tree a mark used by a forest officer to indicate that the timber or
tree is the property of the Government or of some person, or that it may
lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark
placed on a tree or timber by or under the authority of a forest officer; or
(c) alters, moves, destroys or defaces any
boundary-mark of a forest or wasteland to which the provisions of this Act are
applied;
the person shall be liable to imprisonment for a term which may extend
to two years or fine which may extend to one million rupees or to both.
(2) If the offence under this section is
committed after sunset and before sunrise or the accused is a previous convict
for a forest offence, the accused person shall be liable to double of the
penalty prescribed under sub-section (1).]
[108][108][64. Power to arrest without warrant.– (1) A forest officer, authorized
by the Government may, without warrant, arrest a person, who is found
committing an offence punishable with imprisonment under this Act.
(2) A forest officer may seize any
forest-produce, tool or vehicle used in the commission of an offence under the
Act.
(3) The forest officer shall produce the
person arrested under the Act before the nearest Magistrate within twenty-four
hours of the arrest or release the arrested person on bond or send the arrested
person to the nearest police station.
(4) The forest officer shall produce the
seized property before the Magistrate.]
[109][109][64-A. Procedure relating to arrests,
searches, etc.– (1) If a forest officer arrests a person or seizes a property, he shall,
within twenty-four hours after the arrest or seizure, make a report of the
particulars of the arrest or seizure to his immediate superior officer.
(2) A forest officer may, without search
warrant, search any vehicle, boat or place, suspected or likely to be used for
the commission of an offence under this Act.
(3) The provisions of the Code relating to
arrest, seizure and search shall, as nearly as possible, apply to the arrest,
seizure and search under the Act.
(4) A forest officer, not below the rank of
a divisional forest officer, shall, within ten days of the arrest or seizure,
submit a report before the Magistrate in the prescribed manner and such report
shall be deemed as the report under section 173 of the Code.
(5) The Magistrate may conduct an enquiry or
trial of an offence punishable under the Act in accordance with the procedure
prescribed for the enquiry or trial under the Code.]
[110][110][65. Power to release an arrested person.– A forest officer, not being
below the rank of a Ranger, who has arrested any person under this Act, may
release the person, if the person executes a bond to appear before the
Magistrate, forest officer or officer incharge of the nearest police station.]
66. Power to prevent commission of offence.– Every Forest-officer and Police-officer shall
prevent, and may interfere for the purpose of preventing, the commission of any
forest-offence.
[111][111][67. Powers to try offences summarily.– (1) Notwithstanding anything
contained in the Code, a Magistrate empowered in this behalf by the Government,
may summarily try an offence punishable under this Act and impose a punishment
of imprisonment for a term not exceeding six months or fine not exceeding one
million rupees or to both.
(2) The Magistrate shall conduct the trial
of an offence under the Act in accordance with the provisions of Chapter XXII
of the Code relating to the summary trials.]
68. Power to compound offences.– [112][112][(1) The Government may,
by notification, confer power on a forest officer,---
(a) to accept from a person against whom a
reasonable suspicious exists that he has committed any forest offence, other
than an offence specified in section 62 or section 63, a sum of money which is
not less than the value of loss to the property of the Government, as
compensation for the offence; and
(b) when
any property has been seized, not being the property of the Government, to
release the property on payment or without payment of compensation, as may be
prescribed.]
(2) On the payment of such sum of money, or
such value, or both, as the case may be, to such officer, the suspected person,
if in custody, shall be discharged, the property, if any, seized shall be
released, and no further proceedings shall be taken against such person or
property.
(3) [113][113][* * * * * * * * *
* *]
[114][114][68-A. Reward in forest cases.– The Government may, by notification and in
the prescribed manner, allow a forest officer to reward a subordinate forest
officer from the compensation recovered by the forest officer under section 68
which amount shall not be more than three fourth of the amount of compensation
recovered from the person.]
69. Presumption that forest-produce belongs to
Government.– When in any proceedings taken under
this Act, or in consequence of anything done under this Act, a question arises
as to whether any forest-produce is the property of the Government, such
produce shall be presumed to be the property of the Government until the
contrary is proved.
Chapter X
Cattle-Trespass
70. Cattle-Trespass
Act, 1871, to apply.– Cattle trespassing in a reserved forest or in any
portion of a protected forest which has been lawfully closed to grazing shall
be deemed to be cattle doing damage to a public plantation within the meaning
of section 11 of the Cattle-Trespass Act, 1871[115][115], and may be seized and impounded as such by any
Forest-officer or Police-officer.
[116][116][71. Powers to alter fines.– The
Government may, by notification, direct that in lieu of the fines fixed under
section 12 of the Cattle-Trespass
Act 1871 (I of 1871), the owner or occupant of the cattle, impounded under
section 70, shall pay the fines, as the Government deems appropriate but such
fines shall not exceed the following amounts:-
for each
buffalo or camel one
thousand rupees
for each
horse, mare, gelding, pony, colt, filly,
mule,
bull, bullock, cow or heifer five
hundred rupees
for each
calf, ass, ram, ewe, sheep, lamb or goat two
hundred rupees.]
Chapter XI
Of Forest-Officers
72. [117][117][Government] may invest
Forest-officers with certain powers.– (1) The [118][118][Government] may invest any Forest-officer with all or
any of the following powers, that it to say:-
(a) power
to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a
(c) power
to issue a search-warrant under the Code of Criminal Procedure, 1898[119][119]; and
(d) power
to hold an inquiry into forest-offences, and, in the course of such inquiry, to
receive and record evidence.
(2) Any evidence recorded under clause (d)
of sub-section (1) shall be admissible in any subsequent trial before a
Magistrate, provided that it has been taken in the presence of the accused
person.
73. Forest-officers
deemed public servants.– All Forest-officers shall be deemed to be public
servants within the meaning of the Pakistan Penal Code[120][120].
74. Indemnity for acts done in good faith.– No suit shall lie against any public servant for anything done by him
in good faith under this Act.
75. Forest-officers
not to trade.– Except with the permission in writing of the [121][121][Government], no Forest-officer shall, as principal or
agent, trade in timber or other forest-produce, or be or become interested in
any lease of any forest or in any contract for working any forest, whether in
or outside [122][122][Pakistan].
Chapter XII
Subsidiary Rules
76. Additional powers to make rules.– The [123][123][Government] may make rules,---
(a) to
prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to
regulate the rewards to be paid to officers and informers out of the proceeds
of fines and confiscation under this Act;
(c) for
the preservation, reproduction and disposal of trees and timber belonging to
Government, but grown on lands belonging to or in the occupation of private
persons; and
(d) generally,
to carry out the provisions of this Act.
[124][124][77. Penalty for breach of rules.– If a person contravenes any rule made under this Act and for which no
penalty is provided under the Act, the person shall be liable to imprisonment
for a term which may extend to six months or fine which may extend to ten
thousand rupees or to both.]
78. Rules when to have force of law.– All rules made by the [125][125][Government] under this Act shall be published in the [126][126][official Gazette], and shall thereupon, so far as
they are consistent with this Act, have effect as if enacted therein.
Chapter XIII
Miscellaneous
79. Persons bound to assist Forest-officers and
Police-officers.–
(1) Every person who exercises any right in a [127][127][reserved, protected or
unclassed forests], or who is
permitted to take any forest-produce from, or to cut and remove timber or to
pasture cattle in such forest, and every person who is employed by any such
person in such forest, and every person in any village contiguous to such
forest who is employed by the [128][128][Government], or who receives emoluments from the [129][129][Government] for services to be performed to the community,
shall be bound to furnish without unnecessary delay to the nearest
Forest-officer or Police-officer any information he may possess respecting the
commission of, or intention to commit, any forest-offence, and shall forthwith
take steps, whether so required by any Forest-officer or Police-officer or
not,---
(a) to extinguish any forest fire in such forest
of which he has knowledge or information;
(b) to prevent by any lawful means in his power
any fire in the vicinity of such forest of which he has knowledge or
information from spreading to such forest,
and shall assist any Forest-officer or Police-officer
demanding his aid–
(c) in preventing the commission in such forest of
any forest-offence; and
(d) when there is reason to believe that any such
offence has been committed in such forest, in discovering and arresting the
offender.
(2) Any person who, being bound so to do,
without lawful excuse (the burden of proving which shall lie upon such person)
fails–
(a) to furnish without unnecessary delay to the
nearest Forest-officer or Police-officer any information required by
sub-section (1);
(b) to
take steps as required by sub-section (1) to extinguish any forest fire in a
reserved or protected forest;
(c) to
prevent, as required by sub-section (1), any fire in the vicinity of such
forest from spreading to such forest; or
(d) to assist any Forest-officer or Police-officer
demanding his aid in preventing the commission in such forest of any
forest-offence, or, when there is reason to believe that any such offence has
been committed in such forest, in discovering and arresting the offender;
shall be punishable with imprisonment for a term [130][130][which may extend to
three months or with fine which may extend to twenty-five thousand rupees or
with both].
80. Management of forests the joint property of
Government and other persons.– (1) If the Government and any person be jointly interested in any
forest or waste-land, or in the whole or any part of the produce thereof, the [131][131][Government] may either–
(a) undertake the
management of such forest, wasteland or produce, accounting to such person for
his interest in the same; or
(b) issue such regulations for the management of
the forest, waste-land or produce by the person so jointly interested as it
deems necessary for the management thereof and the interests of all parties
therein.
(2) When the [132][132][Government] undertakes under clause (a) of
sub-section (1) the management of any forest, waste-land or produce, it may, by
notification in the [133][133][official Gazette], declare that any of the provisions
contained in Chapters II and IV shall apply to such forest, waste-land or
produce, and thereupon such provisions shall apply accordingly.
[134][134][80-A. Public private partnership for development of forests.– (1) Subject to any other law, the
Government may invite proposals from the private sector for the development of
a forest, forest land or wasteland.
(2) The Government may enter into public
private partnership for the development, preservation and conservation of a
forest.
(3) Subject to the provisions of this Act,
the Government may permit any person to use a forest land or wasteland for,---
(a) increase in the productivity of the forest;
(b) developing the
(c) developing a forest on a forest land or
wasteland; or
(d) developing forest based industry without
disturbing the natural features of the forest.
(4) The Government shall not permit use of
forest land or wasteland for–
(a) construction of a permanent structure; or
(b) change of land use for the purpose other than
development of forest or forest related activities; or
(c) a housing project.
(5) Subject to any other law, the Government
shall enter into a detailed contractual arrangement with any person in
accordance with the provision of this section.
(6) If, in the opinion of the Government,
the person has violated any provision of the Act or the contractual
arrangement, the Government may, in addition to any other penalty prescribed
under the Act, recover possession of the forest land or wasteland from the
person.
(7) Nothing in this section shall be
construed to allow the Government or any person to permit or to do an act,
which is prohibited or punishable under the Act.]
81. Failure to
perform service for which a share in produce of Government forest is enjoyed.– If any person be entitled to a
share in the produce of any forest which is the property of Government or over
which the Government has proprietary rights or to any part of the
forest-produce of which the Government is entitled, upon the condition of duly
performing any service connected with such forest, such share shall be liable
to confiscation in the event of the fact being established to the satisfaction
of the [135][135][Government] that such service is no longer so
performed:---
Provided
that no such share shall be confiscated until the person entitled thereto, and
the evidence, if any, which he may produce in proof of the due performance of
such service, have been heard by an officer duly appointed in that behalf by
the [136][136][Government].
82. Recovery of money due to Government.– All money payable to the Government under this Act,
or under any rule made under this Act, or on account of the price of any
forest-produce, or of expenses incurred in the execution of this Act in respect
of such produce, may, if not paid when due, be recovered under the law for the
time being in force as if it were an arrear of land-revenue.
83. Lien on forest-produce for such money.– (1) When any such money is payable for or in
respect of any forest-produce, the amount thereof shall be deemed to be a first
charge on such produce, and such produce may be taken possession of by a
Forest-officer until such amount has been paid.
(2) If such amount is not paid when due, the
Forest-officer may sell such produce by public auction, and the proceeds of the
sale shall be applied first in discharging such amount.
(3) The surplus, if any, if not claimed
within two months from the date of the sale by the person entitled thereto,
shall be forfeited to [137][137][Government].
84. Land
required under this Act to be deemed to be needed for a public purpose under
the Land Acquisition Act, 1894.– Whenever it appears to the [138][138][Government] that any land is required for any of the
purposes of this Act, such land shall be deemed to be needed for a public
purpose within the meaning of section 4 of the Land Acquisition Act, 1894[139][139].
85. Recovery of penalties due under bond.– When any person, in accordance with any provision of
this Act, or in compliance with any rule made thereunder, binds himself by any
bond or instrument to perform any duty or act, or covenants by any bond or
instrument that he, or that he and his servants and agents will abstain from
any act, the whole sum mentioned in such bond or instrument as the amount to be
paid in case of a breach of the conditions thereof may, notwithstanding
anything in section 74 of the Contract Act, 1872[140][140], be recovered from him in case of such breach as if
it were an arrear of land-revenue.
[141][141][85-A. * * * * * * * * * * * * * *]
86. Repeals.– The enactments mentioned in the schedule are hereby
repealed to the extent specified in the fourth column thereof.
The Schedule
[Enactments
Repealed]. Repealed by the
Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule.
[1][1]For statement of objects and
reasons, see Gazette of India, 1926,
Pt. V. p. 165, and for Report of Select Committee, see ibid., p. 242.
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to such modifications as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
[2][2]The word “Indian”, omitted by Adaptation Order, 1949.
[3][3]The original sub-section (2) has successively been amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951), the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), the Repealing and Amending Ordinance, 1961 (I of 1961), Adaptation Order, 1961 and the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), and, finally, by the Punjab Laws (Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).
[4][4]Deleted by the
[5][5]Substituted by the
[6][6]Substituted for the words
“Provincial Government” by the
[7][7]Ibid.
[8][8]Ibid.
[9][9]Substituted for “local official Gazette”, by the
Government of
[10][10]Substituted for the words
“Provincial Government” by the
[11][11]The original words “on behalf of Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, and, then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), to read as above.
[12][12]Substituted for the words
“Provincial Government” by the
[13][13]Substituted for the words “Provincial Government” by
the
[14][14]Ibid.
[15][15]Inserted ibid.
[16][16]Substituted for the words
“Provincial Government” by the
[17][17]Ibid.
[18][18]Inserted ibid.
[19][19]I of 1894.
[20][20]Substituted for the word
“Collector” by the
[21][21]Ibid.
[22][22]Substituted for the words
“Provincial Government” by the
[23][23]Ibid.
[24][24]Ibid.
[25][25]Substituted for the word
“Collector” by the
[26][26]Substituted for the words
“Provincial Government” by the
[27][27]Substituted for “local
official Gazette” by the Government of
[28][28]Substituted for the words
“Provincial Government” by the
[29][29]Ibid.
[30][30]Substituted for the words
“Provincial Government” by the
[31][31]Ibid.
[32][32]I of 1894.
[33][33]Substituted for the words
“Provincial Government” by the
[34][34]Substituted for “local
official Gazette” by the Government of
[35][35]Substituted for the words
“Provincial Government” by the
[36][36]The original words “on behalf of the Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, and, then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), to read as above.
[37][37]Substituted for the words
“Provincial Government” by the
[38][38]Ibid.
[39][39]Ibid.
[40][40]Substituted by the
[41][41]Substituted by the Forest (
[42][42]Substituted by the
[43][43]Ibid.
[44][44]Ibid, for the words “Provincial Government”.
[45][45]Substituted ibid.
[46][46]Inserted by the
[47][47]Substituted ibid, for the words “Provincial Government”.
[48][48]Substituted for “local
official Gazette” by the Government of
[49][49]Substituted for the words
“Provincial Government” by the
[50][50]Ibid.
[51][51]Substituted for the words
“Provincial Government” by the
[52][52]Ibid.
[53][53]Substituted for “local
official Gazette” by the Government of
[54][54]Substituted for the words
“Provincial Government” by the
[55][55]Substituted
for the word “Collector” by the
[56][56]Substituted by the
[57][57]Substituted by the
[58][58]Added by the Forest (
[59][59]Substituted by the
[60][60]Inserted ibid.
[61][61]Substituted for the words
“Provincial Government” by the
[62][62]Substituted for “local
official Gazette” by the Government of
[63][63]Substituted for the words
“Provincial Government” by the
[64][64]Substituted for the words
“Provincial Government” by the
[65][65]Ibid.
[66][66]Ibid.
[67][67]Ibid.
[68][68]I of 1894.
[69][69]Substituted for the words
“Provincial Government” by the
[70][70]Substituted for the word
“Collector” by the
[71][71]Substituted for the words
“Provincial Government” by the
[72][72]Substituted for “local
official Gazette” by the Government of
[73][73]Substituted for the words
“Provincial Government” by the
[74][74]Substituted for “local official Gazette”, by the
Government of
[75][75]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October 1955), for “the Provinces and the Capital of
the Federation”, which had been Substituted by Adaptation Order, 1949, for “
[76][76]The original words “the Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, and, then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), to read as above.
[77][77]Substituted,
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd Schedule (with effect from the 14th October 1955), for “the Province
and the Capital of the Federation”, which had been substituted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “
[79][79]Proviso omitted by the Government
of
[80][80]Substituted for the words
“Provincial Government” by the
[81][81]Sub-sections (3) and (4) omitted by the Forest Laws Amendment Ordinance, 1962 (X of 1962), section 2.
[82][82]Substituted for the words
“Provincial Government” by the
[83][83]Substituted for “British
[84][84]The original word “Govt.” was first substituted ibid., and then amended by Adaptation Order, 1961, Article 2 (with effect from the 23rd March, 1956), to read as above.
[85][85]Substituted by the
[86][86]Ibid, for the words “Provincial Government”.
[87][87]Section 41-A, inserted by the
Government of
[88][88]Substituted for the words “Federal Government”, by the
[89][89]Ibid.
[90][90]Substituted,
by the Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and 2nd Schedule (with effect from the 14th October, 1955), for “the Provinces
and the Capital of the Federation” which had been substituted by the Adaptation
of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “
[91][91]Substituted for the words “Federal Government”, by the
[92][92]Substituted by the
[93][93]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[94][94]Ibid.
[95][95]Substituted for the words
“Provincial Government” by the
[96][96]Ibid.
[97][97]Substituted for “local official
Gazette” by the
Government of
[98][98]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[99][99]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[100][100]Substituted for the words
“Provincial Government”, by the
[101][101]Substituted ibid.
[102][102]Substituted by the
[103][103]Substituted by the
[104][104]Substituted by the
[105][105]Substituted by the
[106][106]Substituted by the
[107][107]Ibid.
[108][108]Substituted by the
[109][109]Inserted ibid.
[110][110]Substituted ibid.
[111][111]Substituted by the
[112][112]Ibid.
[113][113]Omitted ibid.
[114][114]Inserted ibid.
[115][115]I of 1871.
[116][116]Substituted by the
[117][117]Ibid, for the words “Provincial Government”.
[118][118]Ibid.
[119][119]V of 1898.
[120][120]XLV of 1860.
[121][121]Substituted for the words
“Provincial Government” by the
[122][122]Substituted
by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3
and Schedule (with effect from 14th October, 1955), for “the Provinces and the
Capital of the Federation”, which had been substituted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “
[123][123]Substituted for the words
“Provincial Government” by the
[124][124]Substituted ibid.
[125][125]Substituted for the words
“Provincial Government” by the
[126][126]Substituted
for “local official Gazette” by the Government of
[127][127]Substituted for the words
“reserved or protected forest” by the
[128][128]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for “Crown”, which had been substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Govt”.
[129][129]Ibid.
[130][130]Substituted for the words
“which may extend to one month or with fine which may extend to two hundred
rupees or with both” by the
[131][131]Ibid, for the words “Provincial Government”.
[132][132]Ibid.
[133][133]Substituted, for “local
official Gazette” by the Government of
[134][134]Inserted by the
[135][135]Substituted for the words
“Provincial Government” by the
[136][136]Ibid.
[137][137]Substituted by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2, for “His Majesty” (with effect from the 23rd March, 1956).
[138][138]Substituted for the words
“Provincial Government” by the
[139][139]I of 1894.
[140][140]IX of 1872.
[141][141]Section 85-A omitted by the
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