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Act 001 of 1918 : Indian Forest (Amendment) Act, 1918

Preamble

[Act 1 of 1918][27th February, 1918]

An Act further to amend the Indian Forest Act, 1878

(Received the assent of the Governor-General on the 27th February, 1918)

Whereas it is expedient further to amend the Indian Forest Act, 7 of 1878; it is hereby enacted as follows:-

Section 1. Short title

1. Short title.-This Act may be called the Indian Forest (Amendment) Act, 1918.

Section 2. Amendment of Section 29, Act 7 of 1878

2. Amendment of Section 29, Act 7 of 1878.-In clause (b) of Section 29 of the Indian Forest Act, 7 of 1878 (hereinafter referred to as the said Act) for the word "twenty" the word "thirty" shall be substituted.

Section 3. Insertion of new Section 52-A, Act 7 of 1878

3. Insertion of new Section 52-A, Act 7 of 1878.-After Section 52 of the said Act, the following section shall be inserted, namely:-

"52-A. Power to release property seized under Section 52.-Any Forest-Officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts, or cattle under the provisions of Section 52, may release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made".

Section 4. Amendment of Section 63, Act 7 of 1878

4. Amendment of Section 63, Act 7 of 1878.-In Section 63 of the said Act after the words "without unnecessary delay," the words "and subject to the provisions of this Act as to release on a bond" shall be substituted.

Section 5. Insertion of new Section 63-A, Act 7 of 1878

5. Insertion of new Section 63-A, Act 7 of 1878.-After Section 63 of the said Act, the following section shall be inserted, namely:-

"63-A. Power to release on a bond a person arrested.-Any Forest-Officer of a rank not inferior to that of a Ranger, who or whose subordinate, has arrested any person under the provisions of Section 63, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the Officer in charge of the nearest Police-Station."

Section 6. Amendment of Section 78, Act 7 of 1878

6. Amendment of Section 78, Act 7 of 1878.-(1) Section 78 of the said Act shall be re-numbered Section 78(1), and in the same section for the words.

"Shall assist any Forest-officer or Police-officer-

(a) in extinguishing any fire occurring in such forest,"

(b) in preventing any fire which may occur in the vicinity of such forest from spreading to such forest;

The following words shall be substituted, namely:-

"shall forthwith take steps whether so required by any Forest-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."

2. To the same section the following sub-section shall be added, namely:-

"(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 takes steps as required by sub-section (1) to extinguish any forest fire in a river mud 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 which may extend to one month, or with fine which may extend to two hundred rupees, or with both."

Section 7. Amendment of Section 84, Act 7 of 1878

7. Amendment of Section 84, Act 7 of 1878.-In Section 84 of the said Act-

(1) for the words "in compliance with any rule under this Act," the words "in accordance with any provision of this Act or in compliance with any rule made thereunder" shall be substituted;

(2) for the word "instrument" wherever it occurs, the words "bond or instrument" shall be substituted.