Tamil Nadu Forest (Amendment) Act, 1979*
| [Tamil Nadu Act No. 45 of 1979]* | [10th September, 1979] |
An Act farther to amend the Tamil Nadu Forest Act, 1882
Be it enacted by the Legislature: of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 27th March, 1979, Part IV - Section 1, Page 90.
* Received the assent of the President on the 5th September, 1979, first published in the Tamil Nadu Government Gazette Extraordinary on the 10th September, 1979 (Avani 25, Chitharthi (2010-Tiruvalluvar Andu))
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Forest (Amendment) Act, 1979.
(2) It shall come into force at once.
2. Amendment of Section 2 Tamil Nadu Act V of 1882.- In section 2 of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) (hereinafter referred to as the principal Act), after the definition of "imprisonment", the following definition shall be inserted, namely:-
""Scheduled timber" means any timber as specified in the Schedule."
3. Amendment of section 21, Tamil Nadu Act V of 1882.- In section 21 of the principal Act, in the first paragraph, for item (1), the following item and the proviso shall be substituted, namely:-
"(1) in any case where any of the acts aforesaid relates to any scheduled timber, with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees:
Provided that,-
(a) for a first offence, the term of such imprisonment shall not be less than one year and such fine shall not be less than three thousand rupees;
(b) for a second or subsequent offence, the term of such imprisonment shall not be less than two years and such fine shall not be less than five thousand rupees."
4. Amendment of section 26, Tamil Nadu Act V of 1882.- In section 26 of the principal Act, the second paragraph including the marginal heading but excluding the proviso thereto shall be omitted.
5. Insertion of new section 28-A in Tamil Nadu Act V of 1882.- In Chapter III of the principal Act, after section 28, the following section shall be inserted, namely:-
"28-A. Penalties for breach of rules made under section 26.- Whoever infringes any rules made under section 26 shall be punished,-
(1) in any case where such infringement relates to any scheduled timber, with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees:
Provided that,-
(a) for a first offence, the term of such imprisonment shall not be less than one year and such fine shall not be less than three thousand rupees;
(b) for a second or subsequent offence, the term of such imprisonment shall not be less than two year and such fine shall not be less than five thousand rupees.
(2) in any other case, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both."
6. Amendment of section 35, Tamil Nada Act V of 1882.- In section 35 of the principal Act, in clause (1), for the words "all classes of sandalwood", the words "any scheduled timber" shall be substituted.
7. Insertion of new section 35-B in Tamil Nada Act V of 1882.- After section 35-A of the principal Act, the following section shall be inserted, namely:-
"35-B. Penalties for breach of rules made under section 35 in respect of scheduled timber.- Whoever infringes any rules, in relation to any scheduled timber, made under section 35 not being a rule made under clause (a) of that section shall be punished with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees:
Provided that,-
(a) for a first offence, the term of such imprisonment shall not be less than one year and such fine shall not be less than three thousand rupees;
(b) for a second or subsequent offence, the term of such imprisonment shall not be less than two years and such fine shall not be less than five thousand rupees.
8. Amendment of section 36, Tamil Nadu Act V of 1882.- In section 36 of the principal Act, the second paragraph shall be omitted.
9. Amendment of section 36-E, Tamil Nadu Act V of 1882.- In section 36-E of the principal Act, for the words "with imprisonment for a term which may extend to one year and with fine which may extend to ten thousand rupees", the following shall be substituted, namely:-
"with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees:
Provided that,-
(a) for a first offence, the term of such imprisonment shall not be less than one year and such fine shall not be less than three thousand rupees;
(b) for a second or subsequent offence, the term of such imprisonment shall not be less than two years and such fine shall not be less than five thousand rupees.",
10. Amendment of section 42, Tamil Nadu Act V of 1882.- Section 42 of the principal Act shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
"(2) Notwithstanding anything contained in sub-section (1), the District Forest Officer or any other officer authorised by the Government in that behalf, shall detain, any scheduled timber in respect of which an offence has been committed under this Act, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence till the case is disposed of by the Magistrate and notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no interim order regarding the disposal of such scheduled timber, tools, ropes, chains, boats, vehicles and cattle shall be passed by the Magistrate till the case is disposed of."
11. Amendment of section 55, Tamil Nadu Act V of 1882.- (1) The first and second paragraphs of section 55 of the principal Act shall be renumbered as sub-sections (1) and (2) respectively of that section;
(2) in sub-section (1) as so renumbered, the expression "or section 52" shall be omitted;
(3) after sub-section (2) as so renumbered, the following sub-section shall be added, namely:-
"(3) Nothing contained in sub-sections (1) and (2) shall apply to any offence in respect of any scheduled timber."
12. Insertion of new sections 56-A, 56-B, 56-C, 56-D and 56-E in Tamil Nadu Act V of 1882.- In Chapter VII of the principal Act, after section 56, the following sections shall be inserted, namely:-
"56-A. Punishment for habitual offence.- In respect of any offence relating to any scheduled timber, any person who is found by the Magistrate to be the habitual offender, such person shall be punished with imprisonment for a term which may extend to five years but which shall not be less than two years and with fine which may extend to ten thousand rupees but which shall not be less than three thousand rupees.
Explanation.- For the purpose of this section, "habitual offender" means a person, who before or after the date of publication of the Tamil Nadu Forest (Amendment) Act, 1979 in the Tamil Nadu Government Gazette has been sentenced to a substantive term of imprisonment (such sentence not having been set aside in appeal or revision) for not less than three occasions for any offence relating to any scheduled timber, each of the subsequent sentence having been passed in respect of such offence relating to any scheduled timber committed after the passing of the sentence on the previous occasions.
56-B. Certain offences to be non-bailable.- The offence in respect of any scheduled timber shall be non-bailable and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to non-bailable offences shall apply to those offences.
56-C. Offences under the Act to be cognizable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any offence in respect of any scheduled timber shall be deemed to be a cognizable offence within the meaning of that Code.
56-D. Presumption as to commission of offence in respect of scheduled timber.- Whenever any person is accused of any offence under this Act in respect of any scheduled timber, it shall be presumed until the contrary is proved that such person has committed such offence.
56-E. Power to amend Schedule.- (1) The Government may, by notification, add any timber to or omit any timber from, the Schedule.
(2) All references made in this Act to the Schedule shall be construed as references to the said Schedule as for the time being amended in exercise of the powers conferred by this section.".
13. Addition of Schedule to Tamil Nadu Act V of 1882.- After section 68 of the principal Act, the following Schedule shall be added, namely:-
"The Schedule
(See section 2 and section 56-E.)
Scheduled timber
(1) Blackwood;
(2) Red sanders;
(3) Rosewood;
(4) Sandalwood;
(5) Silver oak; and
(6) Teakwood"