(1) This Act may be called the Orissa Protection of Scheduled Castes and Scheduled Tribes Interest in Tress Act, 1981.

(2) It extends to the whole of the State of Orissa.

(3) It shall come into force on such date as the State Government may, by notification3 appoint in that behalf.

In this Act, unless the context otherwise requires

(a) Chief Conservator of Forests means the Chief Conservator of Forests, Orissa;

(b) Conservator of Forests means the Conservator of Forests of the concerned forest circle;

(c) Contractor means the person in whose favour the owner of any specified tree has effected a sale or has entered into a contract for sale of the timber of such tree and includes the representative in interest and assignees of such person;

(d) Divisional Forest Officer means the Divisional Forest Officer of the concerned forest division;

(e) Grama Panchayat means a Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1969 (Orissa Act 1 of 1969);

(f) holding means a parcel or parcels of land forming the subject of a separate tenancy;

(g) prescribed means prescribed by rules made under this Act;

(h) Range Officer means the forest officer in charge of a forest range;

(i) Scheduled Castes shall mean the Scheduled Castes specified in respect of the State of Orissa in the Constitution (Scheduled Castes) Older, 1950 as modified from time to time;

(j) Scheduled Tribes shall mean the Scheduled Tribes specified in respect of the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 as modified from time to time;

(k) specified tree means a tree specified in the schedule and such other species of trees as may be notified by Government from time to time.

(1) No contract entered into after the commencement of this Act by an owner of any specified tree for the sale of the timber thereof shall be valid if such owner a member of the Scheduled Castes or the Scheduled Tribes and if the Contract has been entered into without the previous permission in writing granted by the Range Officer on an application made in that behalf giving adequate description of the timber proposed to be sold.

(2) On receipt of the application, the Range Officer concerned shad enquire into the case on the spot or cause such an enquiry to be made by any other forest officer and the Grama Panchayat or the urban local body concerned) as the case may be, shall be requested to send one or more of the Ward Members to the spot on the date of enquiry:

Provided that in any case where the Range Officer considers that the Consideration for the contract is inadequate, he may require the owner to sell the trees to the Orissa Forest Corporation Limited or to and other State owned Corporation for such consideration amount as the Range Officer deems fit to fix.

(3) The report of enquiry shall be signed by the officer conducting the enquiry the Ward Member or members present and the applicant.

(4) The report of enquiry shall, amongst other things mention the number or trees species wise, the girth of each tree and the resonable consideration for the timber.

(5) On being satisfied about the right title and interest of the applicant in the tree aid the adequacy of the consideration for the contract, the Range Officer shall permit the timber to be lifted by the purchaser on payment of the consideration money in his presence.

(6) If no orders are passed by the Range Officer on the application within fifteen days from the date of receipt thereof, it shall be open to the owner of the tree to sell the tree to any person of his choice.

An owner of any specified tree who is a member of the Scheduled Castes or the Scheduled Tribes and who has entered into a contract which has been subsisting on the date of commencement of this Act, for the sale of the timber of such tree may apply to the Divisional Forest Officer for cancellation of such contract on the ground that the consideration therefor was substantially inadequate.

(1) If it comes to the notice of the Divisional Forest Officer that any such contract as is referred to in sub-section (1) of section 3 or section 4 has been entered into in contravention of the provisions of that sub-section or that the consideration therefor is substantially inadequate, he may on his won motion, institute a case and dispose it of as provided by or under this Act.

(2) if it comes to the notice of any Revenue Officer not below the rank of a Tahasildar or of any Block Development Officer or any Forest Officer not below the rank of a Range Officer having jurisdiction over the area or of any other officer specially authorised by the State Government in this behalf that any such contract as is referred to in sub-section (1) of section 3 or section 4 has been entered into in contravention of that sub-section or that the consideration therefor is substantially inadequate, he may refer the matter to the Divisional Forest Officer having jurisdiction for instituting a case and disposing it of as provided by or under this Act:

Provided that the Divisional Forest Officer instituting a case under sub-section (1) or the officer making a reference under sub-section (2), may seize the timber involved in the transaction and keep the same in the custody of the owner if he is of the opinion that such seizure is necessary and thereupon he shall prepare a list of the timber seized and obtain the signature of the owner on such first and where the seizure is made by the later officer, the said list shall be forwarded to the Divisional Forest Officer having jurisdiction along with the aforesaid reference.

See Section-2(k)

1. For Statement of objects and reasons see Orissa Gazette, Extraordinary, dated the 21st September, 1981 (1219).

2. [Received the assent of the President on the 13th August, 1983 first published in aft Extraordinary issue of the Orissa Gazette, dated the 23rd September, 1983]

3. Came into force with effect from 12th January, 1984 Vide notification No. 7288, dated the 28th December, 1983, published in an Extraordinary issue of the Orissa Gazette dated the 12th January, 1984 (34).