(1) This Act may be called the Indian Forest Act, 1927.

1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.

(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may be notification in the Official Gazette bring this Act into force2 in the whole or any specified part of that State to which this Act extends and where it is not in force.]

In this Act, unless there is anything repugnant in the subject or context,

3[(1) authorised officer means an officer authorised under Section 52-A4

(1-A) cattle includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;]

(2) Forest Officer means any person whom 5[* * *] the State Government or any office empowered by 5[* * *] the State Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest Officer;

(3) forest-offence means an offence punishable under this Act or under any rule made thereunder;

(4) forest-produce includes

(a) the following whether found in, or brought from, a forest or not, that is to say:

timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark lac, mahua flowers, mahua seeds, 6[kuth] and myrabolams, and

(b) the following when found in, or brought from a forest, that is to say:

(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,

(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,

(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and

(iv) peat, surface soil, rock, and minerals (including lime-stone, laterite, mineral oils, and all products of mines or quarries);

7[(4-A) owner includes a Court of Wards in respect of property under the superintendence or charge of such Court;]

(5) river includes any stream, canal, creek or other channels, natural or artificial;

(6) timber includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and

(7) tree includes palms, bamboos, skumps, brush-wood and canes.

OF RESERVED FORESTS

8[The State Government may constitute any forest land or waste land or any other land (not being land for the time being comprised in any holding or grove or in any village abadi) 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 reserve forest in the manner hereinafter provided.

Explanation. The expression holding shall have the meaning assigned to it in the U.P. Tenancy Act, 1939 (U.P. Act XVII of 1939), and the expression village abadi shall have the meaning assigned to it in the U.P. Village Abadi Act, 1947 (U.P. Act III of 1948).]

(1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the 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 Forest Settlement Officer ) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.

Explanation. For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges 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 Forest Settlement Officer.

(3) Nothing in this section shall prevent the State 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.

9[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 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, nor any tree therein felled, girdled, lopped, tapped, or burnt, or its bark or leaves stripped off, or the same otherwise damaged, nor any forest-produce removed therefrom, except in accordance with such rules as may be made by the State Government in this behalf.]

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 ensure 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.

The Forest Settlement Officer shall take down in writing all settlements 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.

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 Civil Court in the trial of suits.

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.

(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 State 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 State 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 Forest Settlement Officer may arrange for its exercise

(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.

(4) All arrangements made under sub-section (3) shall be subject to the previous sanction to the State Government.

(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the State Government.

(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 Forest Settlement Officer shall either

(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 (1 of 1894).

(3) For the purpose of so acquiring such land

(a) the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 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 Collector, 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.

10[(4) The provisions of sub-section (3) shall apply also when the Forest Settlement Officer proceeds to acquire any land in consequence of any order passed on appeal or revision under this Act.]

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.

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.

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.

(1) After making such record the Forest Settlement Officer shall, to the best of his ability, 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 Forest Settlement Officer may

(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 State Government.

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 State 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.

11[Any person who has made a claim under this Act, or any Forest Officer or other person generally or specially empowered by the State 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 the District Judge.

Explanation. In this section and in the succeeding sections of this Chapter, District Judge means the District Judge of the district in which the land is situate, and includes an Additional District Judge to whom an appeal is transferred by the District Judge.]

12[(1) Every appeal under Section 17 shall be made by petition in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the District Judge.

(2) The District Judge, may, after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal or remand the case to the Forest Settlement Officer with such directions as he thinks fit.

(3) During the pendency of the appeal the District Judge may, for sufficient cause, stay, on such terms, if any, as he thinks fit, the operation of the order appealed from and pass any incidental or consequential order.

(4) The order passed on the appeal shall, subject to the provisions of Section 22, be final.]

13[The State 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 District Judge in the course of any inquiry or appeal under this Act.]

(1) When the following events have occurred, namely:

(a) the period fixed under Section 6 for preferring claims have elapsed and all claims if any made under that section or Section 9 have been disposed of by the Forest Settlement Officer;

14[(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 District Judge; 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 (1 of 1894), have become vested in the Government under Section 16 of that Act,

the State Government shall publish a notification in the 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.

15[20-A. Certain forest land or waste land when deemed to be reserved forest. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, including the Merged States (Laws) Act, 1949 (Act LIX of 1949), or the U.P. Merged States (Application of Laws) Act, 1950 (U.P. Act VIII of 1950), or any order issued thereunder, any forest land or waste land in a merged State which immediately before the date of merger (hereinafter in this section referred to as the said date),

(a) was deemed to be a reserved forest under any enactment in force in that State, or

(b) was recognised or declared by the Ruler of such State as a reserved forest under any law (including any enactment, rule, regulation, order, notification, custom or usage having the force of law) for the time being in force, or

(c) was dealt with as a reserved forest in any administrative report or in accordance with any working plan or register maintained and acted upon under the authority of the Ruler,

shall be deemed to be and since the said date to have continued to be a reserved forest subject to the same rights or concession, if any, in favour of any person as were in force immediately before the said date.

Explanation I. A certificate of the State Government or of any officer authorised in this behalf to the effect that a report, working plan or register was maintained and acted upon under the authority of the Ruler shall be conclusive evidence of the fact that it was so maintained and acted upon.

Explanation II. Any question as to the existence or extent of any right or concession referred to in this sub-section shall be determined by the State Government, whose decision, given after such enquiry, if any, as it thinks fit, shall be final.

Explanation III, Working plan includes any plan, scheme, project, map, drawings and lay-outs prepared for the purpose of carrying out the operations in the course of the working and management of forests.

(2) No right shall be deemed to have been acquired on or after the said date in or over any land mentioned in sub-section (1) except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government or some person in whom such right was vested immediately before the said date and no fresh clearings since made for cultivation or for any other purpose (except clearings made in accordance with any concessions granted by the Ruler and in force immediately before the said date or in accordance with the rules made by the State Government in this behalf since the said date) shall be recognised as or deemed to be lawful, anything contained in this Act or any other law for the time being in force notwithstanding.

(3) The State Government may within five years from the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, revise any arrangement of the nature specified in Section 22, and pass any incidental or consequential order, including any direction to the effect that any of the proceedings specified in the foregoing provisions of this Chapter be taken.

(4) In relation to any land mentioned in sub-section (1), the references in Sections 24 and 26

(a) to Section 23 shall be construed as references to sub-section (2); and

(b) to rights admitted, recorded or continued under Section 14 or Section 15 shall be construed as references to rights of pasture or to forest produce admitted, recorded or continued in or under the corresponding enactment, law or document referred to in sub-section (1).

(5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over any land mentioned in sub-section (1), or for seizure, confiscation, disposal or release (on payment of value or otherwise) of any forest produce in respect of which any forest offence has been committed in relation to such land or of any tools, boats, carts or cattle used in committing such offence, nothing in this section shall be deemed to authorise the conviction of any person for any act done before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, which was not an offence before such commencement.]

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.

16[The State Government may, within five years from the publication of any notification under Section 20, revise any arrangement made under Section 15 or on appeal under Section 18, and may for this purpose rescind or modify any order made under Section 15 or Section 18, and direct that anyone 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.]

17[22-A. Power of revision in other cases. (1) Without prejudice to the provisions of Section 22, the State Government may, either of its own motion or on a petition being made in that behalf, call for the record of any appeal decided under Section 18, and may confirm the order passed on such appeal, or set it aside, or modify it, or remand the case to the Forest Settlement Officer with such directions as it may think fit.

(2) No petition under this section may be made, after November 22, 1965, and the State Government may not exercise any power under this section, after the said date.]

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 on behalf of the Government or some person in whom such right was vested when the notification under Section 20 was issued.

(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 State 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 or 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.

The Forest Officer may, with the previous sanction of the State Government or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in reserved forest, provided that a substitute for the way or water-course so stopped, which the State Government deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest Officer in lieu thereof.

(1) Any person who

18[(a) makes any fresh clearing or does any other act prohibited by Section 5, or]

(b) sets fire to a reserved forest 19[or to a forest in the land in respect of which a notification under Section 4 has been issued], or, in contravention of any rules made by the State Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest;

or who, in a reserved forest

(c) kindles, keeps or carries any fire except at such seasons as the Forest Officer may notify in this behalf;

(d) trespasses or pastures cattle, or permits cattle to trespass;

(e) causes any damage by negligence in felling any tree or cutting or 20[removing] any timber;

(f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same 21[or any forest produce];

(g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;

(h) clears or breaks up any land cultivation or any other purpose;

(i) in contravention of any rules made in this behalf by the State Government hunts, shoots fishes, poisons water or sets traps or snares; or

(j) in any area in which the Elephant's Preservation Act, 1879 (6 of 1879) is not in force, kills or catches elephants in contravention of any rules so made,

22[shall, for an act under clause (b) or clause (f) or clause (g) or clause (h), be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees but which shall not be less than five thousand rupees, or with both, and for an act under any of the other clauses, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both,] in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.

(2) Nothing in this section shall be deemed to prohibit

(a) any act done by permission in writing of the Forest Officer, or under any rule made by the State Government; or

(b) the exercise of any right continued under clause (c) of sub-section (2) of Section 15, or created by grant or contract in writing made by or on behalf of the Government under Section 23.

(3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the State Government may (notwithstanding that any penalty has been inflicted under this section) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.

(1) The State Government may, 23[* * *] by notification in the Official Gazette, direct that, from a date fixed by such notification, any forest or any portion thereof reserved under the Act shall cease to be a reserved forest.

(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished therein shall not revive in consequence of such cessation.

24[27-A. Finality of orders, etc. No act done, order made or certificate issued in exercise of any power conferred by or under this Chapter shall, except as hereinbefore provided, be called in question in any Court.]

OF VILLAGE-FORESTS

(1) The State Government may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forests 25[or declared a protected forest or is a forest belonging to the Government], and may cancel such assignment. All forests so assigned shall be called village-forests, 26[and, subject to the rules made under sub-section (2), all the provisions of this Act relating to reserved forests, protected forests, or forests belonging to the Government, shall, as the case may be, apply to them.]

(2) The State Government may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest.

(3) 27[* * *]

OF PROTECTED FORESTS

(1) The State Government may, by notification in the 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 extend 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 State Government think 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 waste land, the State 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 State 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.

The State Government may, by notification in the 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 State Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right 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.

The Collector 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.

The State Government may make rules to regulate the following matters, namely:

(a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce, from protected forests;

(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licences by such persons;

(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licences by such persons;

(d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce;

(e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment shall be made;

(f) the examination of forest-produce passing out of such forests;

(g) the clearing and breaking up of land for cultivation or other purposes in such forests;

(h) the protection form fire of timber lying in such forests and of trees reserved under Section 30;

(i) the cutting of grass and pasturing of cattle in such forests;

(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests and the killing or catching of elephants in such forests in areas in which the Elephants' Preservation Act, 1879 (6 of 1879), is not in force;

(k) the protection and management of any portion of a forest closed under Section 30; and

(l) the exercise of rights referred to in Section 29.

(1) Any person who commits any of the following offences, namely:

(a) fells, girdles, lops, taps or burns any tree reserved under Section 30, or strips off the bark or leaves from, or otherwise damages, any such 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 28[or, attempts to break up or clear] for cultivation or any other purpose any land in any protected forest;

(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under Section 30, whether standing fallen or foiled, or to say closed portion of such forest;

(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;

(f) fells any tree or 29[removes] any timber so as to damage any tree reserved as aforesaid;

(g) permits cattle to damage any such tree;

(h) infringes any rule made under Section 32,

shall be punishable with imprisonment for a term which may extend to 30[two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.]

(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.

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.

OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT

(1) The State Government may, by notification in the 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,

with 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 landslips or of the formation of revines, 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 State 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 State Government.

(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 State 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.

(1) In any case under this Chapter in which the State 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 State Government may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).

(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 State Government shall acquire such forest or land accordingly.

(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 Collector 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 such land.

(2) In either case, the State Government may, by notification in the Official Gazette, apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be desire by the applicants.

OF THE CONTROL OVER FORESTS OF CLAIMANTS

31[38-A. Definition. In this Chapter unless there is anything repugnant in the subject or context:

(a) Claimant as respects any land land or any interest therein acquired, owned, means a person claiming to be entitled to the settled or possessed or purported to have been acquired, owned, settled or possessed whether under, through or by any lease or licence executed prior to the commencement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, or under and in accordance with any provision of any enactment, including the said Act;

32[(b) Forest means a tract of land covered with trees, shrubs, bushes or woody vegetation whether of natural growth or planted by human agency, and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, steam-flow, protection of land from erosion, or other such matters, and shall include

(i) land covered with stumps of trees of a forest;

(ii) land which is part of a forest or lies within it or was part of a forest or was lying within a forest on the first day of July, 1952;

(iii) such pasture land, waterlogged or cultivable or non-cultivable land, lying within, or adjacent to, a forest, as may be declared to be a forest by the State Government.]

33[(c) Forest land means a land covered by a forest or intended to be utilized as a forest; and

(d) Prescribed means prescribed by rules made under this Act.]

34[38-B. Power to regulate or prohibit breaking or clearing, etc. (1) The State Government may by notification in the official Gazette regulate or prohibit in any forest (situate in or upon any land of a claimant)

(a) the breaking up or clearing of the land for cultivation or any other purpose;

(b) the firing or clearing of the vegetation;

(c) the girdling or tapping or burning of any tree or the stripping off of the bark from any tree;

(d) the lopping and pollarding of trees;

(e) the cutting, sawing, conversion or the removal of trees

where such regulation or prohibition appears necessary

(i) for the conservation of trees and forests; or

(ii) for the improvement of grazing; or

(iii) for the maintenance, increase and distribution of supply of fodder, timber or fuel; or

(iv) for the protection of land against erosion; or

(v) for subserving the interests of the general public.

(2) No notification shall be made under sub-section (1) until after the issue of a notice to the claimant of the land calling on him to show cause within a reasonable period, not less than fourteen days and not exceeding thirty days, to be specified in such notice, why such notification should not be made, and until objections, if any, and any evidence he may produce in support of the same, have been heard by an officer not below the rank of an Assistant Collector of the first class appointed in that behalf and considered by the State Government.

(3) It shall be lawful for the State Government to make the notification under sub-section (1) either in respect of any particular forest or generally in respect of all forests situate in an area.]

35[38-C. Prohibition or regulation in emergent cases. Where it is proposed to issue a notification in respect of any forest or generally all the forests in any area under Section 38-B and the State Government is satisfied that immediate action is necessary to prevent the doing of all or any of the acts mentioned in clauses (a) to (e) of sub-section (1) of the said section, it may by notification in the Official Gazette prohibit the doing except as and in the manner specified, of such act in respect of that forest or, as the case may be, generally all forests situate in any area as may be specified and, thereupon, no person shall, notwithstanding any claim, fright, agreement, custom, usage or law to the contrary, do any of the said acts in such forest or forests until expiry of six months from the date of the notification, and until the objection, if any, filed in pursuance of the notice under sub-section (2) of Section 38-B, has been heard and considered by the State Government.]

36[38-D. Service of notice. The notice under sub-section (2) of Section 38-D shall

(a) in the case of a notification affecting an individual person (not being a corporation, firm or body of persons) be served on that person

(i) personally by delivering or tendering to him the notice, or

(ii) by registered post, or

(iii) where the person cannot be found, by leaving an authentic copy of the notice with some adult male member of his family or by affixing such copy in some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain.

37[(aa) In the case of a notification affecting a corporation, firm or body of persons, be served on the manager, principal officer or agent thereof in the manner provided in clause (a); and]

(b) in the case of a notification of a general nature in relation to all forests in an area, be served by publication in the official Gazette and it shall not be necessary, unless the State Government so directs, to serve the notice individually on the claimants.]

38[38-E. Application of Section 36 of Act XVI of 1927. The provisions of Section 36 shall mutatis mutandis apply to any regulation or prohibition notified under Section 38-B or 38-C.]

39[38-F. Penalties. Any person who

40[(i) breaks up or clears any land for cultivation or any other purpose, fires or clears any vegetation, girdles, taps, burns, lops, pollards, fells, cuts, raws, converts or removes any tree, or strips off the bark from any tree, in any forest in respect of which a notification under Section 38-B or 38-C or 38-H has been issued, or does any of the aforesaid acts in contravention of the provisions contained in sub-section (4) of Section 38-H, or]

(ii) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading, or

(iii) permits cattle to damage any such tree,

shall be punished with imprisonment for a term which may extend to six months or with fine or with both.]

41[38-G. Saving. The powers conferred by Sections 38-B, 38-C, 42[* * *] 38-D and 43[38-H] shall be in addition to and not in derogation of any other powers conferred on any authority by or under any other provision of this Act.]

44[38-H. Power to take over management. (1) Whenever it appears to the State Government that the taking over of the management of any particular forest, order to secure the proper management thereof, particularly with a view to ensure its planned development as a forest, it may by notification in the official Gazette do so for all or any of the said purposes for such period, not exceeding fifteen years, as may be specified in the notification.

(2) No notification under sub-section (1) shall be issued until

(a) after the issue of a notice by the Forest Officer to the claimant or the owner or tenure-holder of the forest or forest land, as the case may be, affording him reasonable opportunity to show cause, within a period of not less than fourteen days from the date of service of the notice on him to be specified in such notice, why management of the forest or forest land specified therein be not taken over; and

(b) objections, if any, have been heard and disposed of by the Forest Officer-in the manner prescribed.

(3) The notice referred to in sub-section (2) shall be served upon the person concerned in accordance with the provisions of Section 38-D.

45[(4) No person shall, after the service of the notice referred to in sub-section (2), do or permit or cause to be done, save with the permission of the Forest Officer, any of the following acts on or in respect of such forest or forest land, namely

(a) the breaking up or clearing of the land for cultivation or any other purpose;

(b) the firing or clearing of the vegetation;

(c) the girdling or tapping or burning of any tree or the stripping off of the bark from any tree;

(d) the lopping or pollarding of trees;

(e) the felling, cutting, sawing, conversion or removal of trees;

until

(i) where objections under clause (a) of sub-section (2) have been filed, the disposal thereof under clause (b) of that sub-section and thereafter, unless the objections have been allowed, for a further period of six months or the publication of the notification under sub-section (1), whichever is earlier;

(ii) where no objections under clause (a) of sub-section (2) have been filed, the publication of the notification under sub-section (1) or the expiry of six months from the date of service of the notice, whichever is earlier.]

46[38-I. Consequences of notification under Section 38-H. The State Government shall, in respect of a forest, or forest land, for which a notification under Section 38-H has been issued

(i) place the forest, or forest land, as the case may be, with effect from the date of the notification, in the charge of a Forest Officer, for carrying out the purposes mentioned in the notification, and thereupon the provisions of Section 5 shall mutatis mutandis apply to such a forest or forest land, as the case may be; and

(ii) be liable and pay to the claimant or the owner or the tenure-holder of the forest, or forest land, as the case may be, the balance of the income, if any, accruing to it therefrom, for the period commencing from the date of notification till the date it is released under Section 38-L after deducting therefrom such percentage of it, not exceeding twenty, as may be prescribed, for cost of management and the amount, if any, spent by the State Government on its development.]

47[38-J. Payment in respect of forests already in possession of the State Government. In the case of a forest, possession whereof was taken over by the State Government prior to the commencement of the Indian Forest (U.P. Amendment) Act, 1960, and the management whereof is taken over in accordance with provisions of Section 38-H, the State Government shall, in the absence of a contract between the State Government and the person concerned to the contrary, be liable to pay, for the period commencing from the date of possession till the issue of the notification under the said section, the balance of income accruing therefrom in accordance with the provisions of Section 38-I(ii) as if the provisions of the aforesaid Act has been in force at all material dates and the management of such forest had been assumed on the date of taking over possession thereof; anything contained in any other law, custom, usage for the time being in force or contract to the contrary notwithstanding.]

48[38-K. Permission to cultivate areas lying within a forest or land taken over under this Act. (1) The State Government may, where it is satisfied that it is necessary so to do in the public interest on the application of the person whose forest or forest land, as the case may be, has been taken over under Section 38-H, allow him to cultivate such part of it, not being in excess of one-fifth of the total area of such forest or forest land, as the case may be, and for such period, not being beyond the period of its management, as may be specified in the order granting the permission.

(2) An application under sub-section (1) shall be submitted to the Forest Officer in charge of the forest or the forest land, as the case may be, who shall forward the same, with his recommendations thereon, to the State Government.

(3) The decision of the State Government on the application under sub-section (2) shall be final and be not questioned in any court of law.]

49[38-L. Release of a forest or forest land from management. The State Government may, at any time, by notification in the official Gazette, release from its management any forest or forest land, as the case may be, taken over under Section 38-H and thereupon the forest or the forest land, as the case may be, shall cease to be under the management of the State Government, and the liability of the State Government in respect of the forest or the forest land, as the case may be, shall cease with effect from the date of release specified in the notification.]

50[38-M. Powers to make rules. (1) The State Government may, after previous publication in the official Gazette, make rules to carry out the purposes of this Act;

(2) In particular and without prejudice to the generality of the foregoing power, such rules may

(a) provide for the items for which and the manner in which, the cost of management shall be calculated;

(b) prescribe the procedure for the hearing and disposal of objections under this Act;

(c) prescribe the mode of management or development of the forest or the forest land taken over under this Act;

(d) prescribe the form of application under Section 38-K and the particulars that must be given therein; and

(e) prescribe any other matters which are to be, and may be, prescribed under this Act.

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the Legislature while it is in session, for a total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect, from the date of their publication in the official Gazette, subject to such modifications or annulments as the two Houses of the Legislature may agree to make; so, however, that any such modification or annulment shall be, without prejudice to the validity of anything previously done thereunder.]

OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE

(1) The 51[Central Government] may levy a duty in such manner, at such places and at such rates as it may declare by notification in the Official Gazette on all timber or other forest-produce

(a) which is produced in 52[the territories to which this Act extends], and in respect of which the Government has any right;

(b) which is brought from any place outside 52[the territories to which this Act extends].

53[* * *]

(2) In every case in which such duty is directed to be levied ad valorem the 54[Central Government] may fix by like notification the value on which such duty shall be assessed.

(3) All duties on timber or other forest-produce which, at the time when this Act comes into force in any territory, are levied therein under the authority of the State Government, shall be deemed to be and to have been duly levied under the provisions of this Act.

55[(4) Notwithstanding anything in this section, the State Government may, until provision to the contrary is made by 56[Parliament], continue to levy any duty which it was lawfully levying before the commencements57 of 58[the Constitution], under this section as then in force:

Provided that nothing in this sub-section authorises the levy of any duty which as between timber or other forest-produce of the State and similar produce of the locality outside the State, discriminates in favour of the former, or which, in the case of timber or other forest-produce of localities outside the State, discriminates between timber or other forest-produce of one locality and similar timber or other forest-produce of another locality.]

Nothing 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.

OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT

(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 State 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 59[the State];

(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 in payable to the Government on account of the price thereof, or on account of any duty, fee, royalty or charge 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 in charge 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;

(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment or sawpits, the converting, cutting, burning, concealing or making of timber the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber;

(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.

60[(2-A) The State Government may by notification in the Gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2).

(2-B) Notwithstanding any judgment, decree or order of any Court, any rule purporting to have been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of sub-section (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a duly authorised Conservator, as the case may be:

Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person under Section 42 for any act done before the commencement of the said Act.]

(3) The State 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.

61[41-A. Powers of Central Government as to movements of timber across customs frontiers. Notwithstanding anything in Section 41, the Central 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 62[the territories to which this Act extends] across any customs frontier as defined by the Central Government, and any rules made under Section 41 shall have effect subject to the rules made under this section.]

63[(1) The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to two years, or fine which may extend to five thousand rupees or 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.

The 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.

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 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.

OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

(1) All timber found adrift, beached, stranded or sunk

all wood or timber bearing marks which have not been registered in accordance with the rule 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 State 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 State Government may, by notification in the Official Gazette, exempt any class of timber from the provisions of this section.

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.

(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 according 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 who he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order form 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 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 Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.

If no such statement is presented as aforesaid, or if the claimant omits to prefer is 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.

The 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.

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.

(1) The State Government may 64[, by notification in the Official Gazette,] make rules to regulate the following matters, namely:

(a) the salving, collection and disposal of all timber mentioned in Section 45;

(b) the use and registration of boats used in salving and collecting timber;

(c) the amounts to be paid or 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.

65[(1-A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

(2) The State Government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.

66[Chapter VIII-A

REGULATION OF MANUFACTURE AND PREPARATION OF ARTICLES BASED ON FOREST PRODUCE

51-A. Power to regulate manufacture, etc. of articles based on forest produce. The State Government may make rules

(a) to provide for the establishment and regulation by licences, permits or otherwise (and the payment of fees therefor) of saw mills and units including factories engaged in the manufacture or preparation of

(i) Katha out of Khair tree;

(ii) rosin, turpentine and other products out of resin;

(iii) plywood and match out of timber;

(iv) such other preparations based on forest produce as the State Government may, by notification in the Official Gazette, from time to time, specify;

(b) to provide for the regulation by licences, permits or otherwise of the supply of raw materials relating to the preparations mentioned in clause (a), the payment of fees therefor, the deposit of such sum for due performance of the conditions of any such licence, permit or other document, the forfeiture of the sum so deposited or any part thereof for contravention of any such conditions, and the adjudication of such forfeiture by such authority as may by notification in the Official Gazette be specified by the State Government.]

PENALTIES AND PROCEDURE

(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, 67[vehicles, cattle, ropes, chains or other articles] used in committing any such offence, may be seized by any Forest Officer or Police Officer.

68[(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.

(3) 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, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer.]

69[52-A. Procedure on seizure. (1) Notwithstanding anything contained in this Act or any other law for the time being in force where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under sub-section (1) of Section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence, before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.

(2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior.

(3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.

(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property:

Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice.

(5) No order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.

52-B. Appeal. Any person aggrieved by an order of confiscation may, within thirty days of the date of communication to him of such order, prefer an appeal to the State Government and the State Government shall, after giving an opportunity of being heard to the appellant and the authorised officer pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the State Government shall be final.

52-C. Order of confiscation not to prevent any other punishment. No order of confiscation under Section 52-A or 52-B shall prevent the indication of any punishment to which the person affected thereby may be liable under this Act.

52-D. Bar of jurisdiction in certain cases. Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of Section 52, the authorised officer under Section 52-A or the State Government under Section 52-B shall have jurisdiction, to the exclusion of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property.]

Any Forest Officer of a rank not inferior to that of a Ranger who; or whose subordinate, has seized any tools, boats, 70[vehicles, cattle, ropes, chains or other articles] under Section 52, may release the same on the execution by the owner thereof 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 71[except in respect of cases falling under Section 52-A for which the procedure laid down in that section shall be followed].

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.

(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, 72[vehicles, cattle, ropes, chains and other articles used in committing such forest offence], shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment prescribed for such offence.

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, in any other case, may be disposed of in such manner as the Court may direct.

When the offender is not known or cannot be found, 73[the Magistrate, subject to Section 52-D 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.

74[Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of Section 52-A, the Magistrate may,] 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.

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.

75[(1)] 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 incumbrances.

76[(2) When an order for confiscation has been passed under Section 52-A and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when in appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the State Government free from all encumbrances.]

Nothing herein before contained shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate cease of any property seized under Section 52.

77[61-A. Summary eviction of persons convicted of certain offences. (1) Where a Court convicts any person of an offence under clause (a), clause (d) or clause (h) of sub-section (1) of Section 26 or clause (c) or clause (h) of sub-section (1) of Section 33, it may, when passing judgment, direct the eviction of such person from any land in respect of which the offence has been committed.

(2) Any Court of appeal or revision may direct any order under sub-section (1) passed by a Court subordinate thereto to be stayed pending consideration by the former Court, and may modify, alter or annul such order.]

78[61-B. Summary eviction of unauthorised occupants. (1) If a Forest Officer, not below the rank of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under Section 20 or Section 29 as the case may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.

(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.

(3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.

(4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final.

61-C. Disposal of Property left on land by unauthorised occupant. (1) Where any person has been evicted from any land under Section 61-B, the Forest Officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolished building or standing crop.

(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned.]

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.

Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code

(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest Officers to indicate that such timber or tree is the property of the Government of or 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 on timber by or under the authority of a Forest Officer; or

(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied,

shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(1) Any Forest Officer or Police Officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.

(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release or bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police station.

(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of Section 30.

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 64, may release such person on his executing 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.

79[65-A. Certain offences to be non-bailable. (1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 any offence punishable under Section 26, or Section 33 or Section 42 or Section 63 shall be non-bailable.

(2) No person accused of any offence as aforesaid shall, if in custody, be released on application for being released on bail or on his own bond unless

(a) the prosecution has been given an opportunity to oppose the application for such release, and

(b) where the prosecution opposes the application as aforesaid the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.]

Every Forest Officer and Police Officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.

80[66-A. Penalty for not preventing commission of forest offence. Whoever, being a Forest Officer or Police Officer, bound under Section 66 to prevent commission of any forest offence, intentionally or knowingly, neglects or omits to prevent or abets, the commission of such offence, shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.]

The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the State Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.

(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer

(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and

(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.

(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) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Ranger 81[* * *], and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of 82[five thousand rupees for the first offence and for second and subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees].

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.

CATTLE-TRESPASS

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 damages to a public plantation within the meaning of Section 11 of the Cattle-trespass Act, 1871 (1 of 1871) and may be seized and impounded as such by any Forest Officer or Police Officer.

The State Government may, by notification in the Official Gazette, direct that, in lieu of the fines fixed under Section 12 of the Cattle-trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded under Section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:

OF FOREST OFFICERS

(1) The State Government may invest any Forest Officer with all or of the following powers, that is to say:

(a) power to enter upon any land and to survey, demarcate and mark a map of the same;

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;

(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); 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.

All Forest Officers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).

83[No suit, prosecution or other legal proceeding shall lie against the State Government or any public servant for anything which is in good faith done or intended to be done in pursuance of this Act or rules or orders made thereunder.]

Except with the permission in writing of the State 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 84[the territories to which this Act extends].

SUBSIDIARY RULES

The State 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.

Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to 85[one year, or with fine which may extend to two thousand rupees], or both.

86[(1) All rules under this Act shall be made by notification in the Gazette.

(2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.]

MISCELLANEOUS

(1) Every person who exercises any right in a reserved or protected forest, 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 Government or who receives emoluments from the 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 which may extend to 87[one year, or with fine which may extend to one thousand rupees,], or with both.

(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 State Government may either

(a) undertake the management of such forest, waste-land 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 State Government undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the 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.

88[80-A. The State Government may, by notification in the Official Gazette, declare that any of the provisions of or under this Act, shall apply to all or any land on the banks of canals or the sides of roads which are the property of the State Government or a local authority and thereupon such provisions shall apply accordingly.]

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 proprietory 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 State Government that such service is no longer so performed:

Provided that no such share 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 State Government.

89[All money, other than fines, payable to the State Government under this Act or under any rule made thereunder or on account of the price of any forest produce or any agricultural crop grown on land owned by the State Government in a reserved or protected forest or under any contract relating to forest produce or said agricultural crop, including any scum recoverable thereunder for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a Forest Officer and all compensation awarded to the State Government under this Act, 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.]

(1) When any such money is payable for or in respect of any forest-produce, the amount thereof shall 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 Government.

Whenever it appears to the State 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 (1 of 1894).

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 condition thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land revenue.

90[85-A. Saving for rights of Central Government. Nothing in this Act shall authorise a Government of any State to make any order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.]

[Repealed by Repealing and Amending Act, 1947 (2 of 1948), Section 2 and Schedule.]

[Repealed by Repealing and Amending Act, 1947 (2 of 1948), Section 2 and Schedule.]

In exercise of the powers under sub-section (3) of Section 16 of the Indian Forest (Uttar Pradesh Amendment) Act, 1965 (Uttar Pradesh Act No. 23 of 1965), the Governor of Uttar Pradesh is pleased to constitute in relation to each of the districts specified in the Schedule appended hereto, a Tribunal which shall consist of the District Judge having jurisdiction over that district.

SCHEDULE

In exercise of the powers under Section 29 of the Indian Forest Act, 1927 (Act No. XVI of 1927) and all other powers enabling him in this behalf, the Governor is pleased to declare the strips of Government forest or waste lands whether under tree growth or not on either side of Railways in the State of Uttar Pradesh, described in the following Schedule to be protected forests and the provisions of Chapter IV and Section 68 of the said Act to be applicable to them:

SCHEDULE

In exercise of the powers under Section 29 of the Indian Forest Act, 1927 (Act No. XVI of 1927) and all other powers enabling him in this behalf, the Governor is pleased to declare the strips of Government Forest or waste lands whether under tree growth or not on either side of Railways in the State of Uttar Pradesh, described in the following Schedule to be protected forests and the provisions of Chapter IV and Section 68 of the said Act to be applicable to them:

SCHEDULE

In exercise of the powers under Section 29 of the Indian Forest Act, 1927 (Act No. XVI of 1927) and all other powers enabling him in this behalf, the Governor is pleased to declare the strips of Government forest or waste lands whether under tree growth or not on either side of Railways in the State of Uttar Pradesh, described in the following Schedule to be protected forests and the provisions of Chapter IV and Section 68 of the said Act to be applicable to them:

SCHEDULE

Whereas by Government Notification No. 3559/XIV-2 503-77, dated June 22, 1978 all strips of Government waste lands demarcated by boundary pillars whether under tree growth or not, on either side of railways in Uttar Pradesh as mentioned in the Schedule given in the said notification have been declared to be protected forests under Section 29 of the Indian Forest Act, 1927:

Now, therefore, the Governor in exercise of the powers under Section 30 of the said Act is pleased

(a) to declare all trees standing in or upon the said lands to be reserved with effect from the date of publication of this notification; and

(b) to prohibit from the said date the quarrying of stones, burning of lime or charcoal or the collection or subject to any manufacturing process or removal of any forest produce in any such forest and the breaking up or clearing of land for building or for herding cattle or for any other purpose of any land in such forests.

Whereas by Government Notification No. 104/XIV-2 503-77, dated May 9, 1977 all strips of Government waste land demarcated by boundary pillars whether under tree growth or not, on either side of railways in Uttar Pradesh as mentioned in the Schedule given in the said notification have been declared to be protected forests under Section 29 of the Indian Forest Act, 1927:

Now, therefore, the Governor in exercise of the powers under Section 30 of the said Act is pleased

(a) to declare all trees standing in or upon the said lands to be reserved with effect from the date of publication of this notification; and

(b) to prohibit from the said date the quarrying of stones, burning of lime or charcoal or the collection or subject to any manufacturing process or removal of any forest produce in any such forest and the breaking up or clearing of land for building or for herding cattle or for any other purpose of any land in such forests.

Whereas by Government Notification No. 8109/XIV-2 503-77, dated January 25, 1979 all strips of Government waste lands demarcated by boundary pillars whether under tree growth or not, on either side of railways in Uttar Pradesh as mentioned in the Schedule given in the said notification have been declared to be protected forests under Section 29 of the Indian Forest Act, 1927 (Act No. XVI of 1927);

Now, therefore, the Governor in exercise of the powers under Section 30 of the said Act is pleased

(a) to declare all trees standing in or upon the said land to be reserved with effect from the date of publication of this notification; and

(b) to prohibit from the said date the quarrying of stones, burning of lime or charcoal or the collection or subject to any manufacturing process or removal of any forest produce in any such forest and the breaking up or clearing of land for building or for herding cattle or for any other purpose of any land in such forests.

In exercise of the powers conferred under the rules made under Section 41 of the Indian Forest Act, 1927 (Act No. XVI of 1927) and in supersession of any or all previous orders on the subject the undersigned hereby orders the establishment of the following check-posts for the examination of timber and other forest produce in transit and for the collection of dues on such timber or produce.

For the establishment of Check-post:

As required under Rule 2 made under Section 41 of the Indian Forest Act, 1927 (Act XVI of 1927) the above is notified for the information of general public.

In exercise of the powers under second proviso of Section 5, of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976), the Governor is pleased to notify that no person shall fell, cut or remove any tree with a view to appropriating the wood or leaves thereof for bona fide use for purposes of fuel, fodder, agricultural implements or other domestic use without prior permission of the Competent Authority in the areas, which are included within the limits of a Municipal Board, Notified Area Committee, Town Area Committee or of a Development Authority, of the districts of Naini Tal, Almora, Pithoragarh, Garhwal, Chamoli, Tehri-Garhwal, Uttar Kashi and Dehra Dun.

English translation of Van Anubhag-2, Noti. No. 760/XIV-2-2010-271(L)-2009, dated March 29, 2010, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 29th March, 2010, p. 2 [A.P. 1264]

In exercise of the powers under clause (c) of the proviso to Rule 3 of the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978 framed under Sections 41, 42, 51 and Section 76 of the Indian Forest Act, 1927 (Act No. 16 of 1927) the Governor is pleased to exempt the forest produce peat, surface soil, rock and minerals (including limestone, laterite, mineral oils and all products of mines or quarries) as mentioned in sub-clause (iv) of clause (b) of sub-section (4) of Section 2 of the said Act, excavated from non-forest land and moved thereby, from the operation of said rules.

In exercise of the powers under sub-clause (iv) of clause (a) of Section 51-A of the Indian Forest Act, 1927 (Act No. 16 of 1927), the Governor is pleased to specify the Charcoal as the other preparation based on forest produce.

1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for sub-sections (2) and (3).

2. This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), Section 3 and Schedule; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule. This Act has been extended to: (1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941). (2) The Province of Coorg, see Coorg Gazette, 1930, Part I, p. 94. (3) The Delhi Province, see Gazette of India, 1933, Part II-A, p. 293. (4) The whole of Madhya Pradesh, by M.P. Act 23 of 1958. (5) Dadra and Nagar Haveli, by Reg. 6 of 1963, S. 2 and Schedule I (w.e.f. 1-7-1965). (6) Pondicherry by Reg. 7 of 1963, S. 3 and Schedule (w.e.f. 1-10-1963). (7) Goa, Daman and Diu by Reg. 11 of 1963, S. 3 and Schedule; and (8) Laccadive, Minicoy and Amindivi Islands, by the Reg. 8 of 1965, S. 3 and Schedule (w.e.f. 1-10-1967).

3. Subs. for clause (1) by U.P. Act 1 of 2001, S. 2 (w.e.f. 16-4-2001)

4. Corrected by Noti. No. 749/XVII-Vi-1-1(Ka)-23-2001, dt. 4-5-2001.

5. Ins. by Act 26 of 1930, S. 2.

6. Ins. by Act 3 of 1933, S. 2.

7. The words the G.G. in C., or omitted by the A.O. 1937.

8. Subs. by U.P. Act 23 of 1965, S. 2

9. Subs. by U.P. Act 23 of 1965, S. 3.

10. Added by U.P. Act 23 of 1965, S. 4.

11. Subs. by U.P. Act 23 of 1965, S. 5.

12. Subs. by U.P. Act 23 of 1965, S. 6.

13. Subs. by U.P. Act 23 of 1965, S. 7.

14. Subs. by U.P. Act 23 of 1965, S. 8.

15. Ins. by U.P. Act 23 of 1965, S. 9.

16. Subs. by U.P. Act 23 of 1965, S. 10.

17. Ins. by U.P. Act 11 of 1973 and shall be deemed to have been inserted (w.r.e.f. 23-11-1960).

18. Subs. by U.P. Act 23 of 1965, S. 11.

19. Ins. by U.P. Act 1 of 2001, S. 3 (w.e.f. 16-4-2001).

20. Ins. by U.P. Act 1 of 2001, S. 3 (w.e.f. 16-4-2001).

21. Subs. by U.P. Act 1 of 2001, S. 3 (w.e.f. 16-4-2001).

22. Subs. for dragging by U.P. Act 1 of 2001, S. 3 (w.e.f. 16-4-2001).

23. The words subject to the control of the G.G. in C omitted by A.O. 1937.

24. Added by U.P. Act 23 of 1965, S. 12.

25. Ins. by U.P. Act 21 of 1960.

26. Added by U.P. Act 21 of 1960.

27. Sub-section (3) omitted by U.P. Act 21 of 1960, S. 2.

28. Ins. by U.P. Act 1 of 2001, S. 4 (w.e.f. 16-4-2001).

29. Subs. for drags by U.P. Act 1 of 2001, S. 4 (w.e.f. 16-4-2001).

30. Subs. by U.P. Act 1 of 2001, S. 4 (w.e.f. 16-4-2001).

31. Ins. by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

32. Subs. by U.P. Act 21 of 1960, S. 3.

33. Ins. by U.P. Act 21 of 1960, S. 3.

34. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

35. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

36. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

37. Ins. by U.P. Act 11 of 1964, S. 2.

38. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

39. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

40. Subs. by U.P. Act 11 of 1964, S. 3.

41. Added by U.P. Act 5 of 1956, S. 2 (w.r.e.f. 3-12-1955).

42. The word and omitted by U.P. Act 21 of 1960, S. 5.

43. Ins. by U.P. Act 21 of 1960, S. 5.

44. Added by U.P. Act 21 of 1960, S. 6.

45. Added by U.P. Act 11 of 1964, S. 4.

46. Added by U.P. Act 21 of 1960, S. 6.

47. Added by U.P. Act 21 of 1960, S. 6.

48. Added by U.P. Act 21 of 1960, S. 6.

49. Added by U.P. Act 21 of 1960, S. 6.

50. Added by U.P. Act 21 of 1960, S. 6.

51. Subs. by the A.O. 1937, for L.G. .

52. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for Part A States and Part C States .

53. The proviso omitted by the A.O. 1937.

54. Subs. by the A.O. 1937, for L.G. .

55. Ins. by the A.O. 1937 as amended by para 2 and Schedule to the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

56. Subs. by A.O. 1950, for the Central Legislature .

57. i.e. 26-1-1950.

58. Subs. by the A.O. 1950, for Part III of the Government of India Act, 1935 .

59. Subs. by the A.O. 1937, for British India .

60. Added by U.P. Act 23 of 1965, S. 13.

61. Ins. by the A.O. 1937.

62. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for Part A States and Part C States .

63. Subs. by U.P. Act 1 of 2001, S. 5 (w.e.f. 16-4-2001).

64. Ins. by Act 4 of 2005, S. 2 and Schedule.

65. Ins. by Act 4 of 2005, S. 2 and Schedule.

66. Ins. by U.P. Act 13 of 1976, S. 21 (w.r.e.f. 4-10-1975)

67. Subs. for vehicles or cattle by U.P. Act 1 of 2001, S. 6 (w.e.f. 16-4-2001).

68. Subs. by U.P. Act 1 of 2001, S. 6 (w.e.f. 16-4-2001).

69. Ins. by U.P. Act 1 of 2001, S. 7 (w.e.f. 16-4-2001).

70. Subs. for vehicles or cattle by U.P. Act 1 of 2001, S. 8 (w.e.f. 16-4-2001).

71. Ins. by U.P. Act 1 of 2001, S. 8 (w.e.f. 16-4-2001).

72. Subs. by U.P. Act 1 of 2001, S. 9 (w.e.f. 16-4-2001)

73. Subs. by U.P. Act 1 of 2001, S. 10 (w.e.f. 16-4-2001).

74. Subs. by U.P. Act 1 of 2001, S. 11 (w.e.f. 16-4-2001).

75. Renumbered by U.P. Act 1 of 2001, S. 12 (w.e.f. 16-4-2001).

76. Ins. by U.P. Act 1 of 2001, S. 12 (w.e.f. 16-4-2001).

77. Added by U.P. Act 23 of 1965, S. 14.

78. Ins. by U.P. Act 1 of 2001, S. 13 (w.e.f. 16-4-2001).

79. Ins. by U.P. Act 1 of 2001, S. 14 (w.e.f. 16-4-2001).

80. Ins. by U.P. Act 1 of 2001, S. 15 (w.e.f. 16-4-2001).

81. The words and is in receipt of a monthly salary amounting to at least one hundred rupees omitted by U.P. Act 1 of 2001, S. 16 (w.e.f. 16-4-2001).

82. Subs. for five hundred rupees by U.P. Act 1 of 2001, S. 16 (w.e.f. 16-4-2001).

83. Subs. by U.P. Act 1 of 2001, S. 17 (w.e.f. 16-4-2001).

84. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for Part A States and Part C States .

85. Subs. by U.P. Act 1 of 2001, S. 18 (w.e.f. 16-4-2001).

86. Subs. by U.P. Act 23 of 1965, S. 15.

87. Subs. by U.P. Act 1 of 2001, S. 19 (w.e.f. 16-4-2001).

88. Added by U.P. Act 18 of 1951, S. 2

89. Subs. by U.P. Act 1 of 2001, S. 20 (w.e.f. 16-4-2001).

90. Subs. by the A.O. 1950, for the former Section 85-A which had been inserted by the A.O. 1937.