233
The Arunachal Pradesh Forest and Special Tiger Protection Force Acl, 2012,
(Act No.2 or 2013)
(Received the assent of the Governoron 1gth February 2013 and Published in theArunachal Pradesh E.O. Gazette No. 30 ,Vol-)g. dated 4th March,2013)
An
Act
to provide for the constitution and regulation of forces called the Arunachal Pradesh Forest Protection Force and Arunachal Pradesh Special Tiger Protection Force, for befter protection and security of Forests, Forests Produce, Forest lnFastructure, Wildlife insideand oubide he forest$ and Tigers and otherwldlife in the llger Resenr'es, in the State offuun&nal Pradesh and matters connected therewith or inciJental thereto. BE it enacted by the Legislative Assembly ofArunachal Pradesh in the Sixty-third Year of the Republic of lndia as follows:-
1. (1) This Act may be called the Arunachal Pradesh Forest aM $ecial Tiger Protection Forces Act, 2012.
(2) lt shall extend to the whole ofArunachal Pradesh.
(3) lt shallcome intoforce on suchdateasthe State Govemment by notification in the Otficial Gazette appoints.
2. ln this Act, unless the context otherwise requires ;
(a) "Governor "means the Govemor of Arunachal Pradesh.
(b) "Governrnent" means the State Government of Arunachal Pradesh.
Short title,
extent and
commence-
ment.
Definitions.
(s)
234
(c) "National Tiger Conservation Authority" means National Tiger Conservation Authority, Ministry of Environment & Forests, and Government of India.
(d) "Force" means the Arunachal Pradesh Forest Protection Force, or the Arunachal Pradesh Special Tiger Protection Force constituted by the Srtate Govemment under secbon 3 of this Ac1.
(e) "Forests" means Wildlife Sanctuaries, National Parks, Conser- vation Reserves, Community Reserves as defined or notifled under the Wildlife Protection Ac1,1972, the Tiger Reserves, Reserved Forests, Protected Foresb, Anchal Reserved Forests, Village Reserved Forests, Proposed Reserved Forests where preliminary notification has duly been published in theArunachal Pradesh Gazette and the unclassed State Forests so constituted ordefined undertheAssam ForestRegulation, of 1891 or any area rscorded as forests in the Govemment records including the area under various Social Forestry Plantations. (0 "Forest Produce" includes -'
(i) Timber, charcoal, wood oil, resin, natural varnish bark,lac, myrabolans, rhinoceros horns and anything found in or brought from a forest ;
(ii) Trees and leaves, fruits and all other parts or produce, not herein before mentioned, oftree;
(iii) Plants not being trees (including grasses creepers, reeds and moss) and all parts or produce ofsuch plants;
(iv) Wild animals and skins, tusk and homs, bones other than rhinoceros horn, silkcocoons, honey, wax and all other parts or produce of animals ;
(v) Peat, surface soil, rock and minerals (including limestone, laterite, mineral oils and all produce ol mines or quarries).
"Forest Officed' means any person appointed by name or as holding an office by or underthe orders of the Govemment to be a Principal Chief Conservator of Forests, Additional Principal Chief Conservator of Forests, Chief Conservator of Forests, Conservator, deputy Conservator, Assistant Conservator of Forests, a Wildlife Warden,Forest Ranger, Deputy Ranget Forester, Forest Guard, Game Watche( Forest \ FatcheE Mahut, Boatman orwho discharges anyfunction of a Forest Omcer undertheAssam Forest Regulation of 1891, and the Wildlife (Protection)Act, 1972.
2
(h) (i)
0)
(k) o
(m)
3.(1)
(2)
235
"PrincipalChief Conservatorof Forests" m6ans the Principal Chief Consereator of Forests appointed under section 6 i
"Member of the Force" means a person appointed to the Forces otherthan a supervisory offlcer;
"Member Secretary" means Member Secretiary, National Tiger Conservation Authority.
"Supervisory Office/' means any of the officers appointed under section 4 and includes any other offcer appointed by the Government as a supervisory officer of the Forces.
"Prescribed" means prescribed by rules made under this Act
'Wildlife", includes any animals, bees, butterFlies, crustacea, fishes and moths, and aquatic or land vegetation which forms part of any habitat. There shall be constituted and maintained by the Govemment,
(a) Force to be called the Arunachal Pradesh Forest Protectron Force for better protection and security of forests, forest infrastructure, Forest Produce, Wildlife inside and outside the forests in the Slate ofArunachal Pradesh, and
(b) a Force to be called the Special Tiger Pro- tection Force for the better protection and security ofthe Tiger, the Tiger Reserves, Forest infrastructure, Forest, Forests Produce and Wildtife inside the Tiger Reseryes. The Forces so constituted shall consist of such number of supervisory officers and members who shall receive pay and other remunerations asmay be prescribed.
Constitution
of the Forces
3
Appointment 4 and power of Supervisory Officers. Appointment 5 ofthe
members of the Force. Certificate of the
memberof
the Force. a,la
The Government may appoint any Forest Offic€r or Police Otficer on deputation as supervisory officer to be the Commandant, Deputy Commandant,
Assistant Commandant, and Platoon Commander of the Forces as may be prescribed and required from time to time.
(1) The appointment of the members ofthe Forces shall rest with the Principal Chief Conservator of Forests who shall exercise that power in accordance with the Rules made under this Act.
Provided that the power of appointment under this section may also be exercised by such other Supervisory Officer not below the rank of Deputy Conservatoras the Govemment may by orderspecify in this behalf.
(2) The designation and rank of the members of the Force shall be regulated by Rules made under this Act and at the time of initial constitution shall comprise of,
(i) Company Commander/lnspector
(ii) Platoon Commander/Sub-lnspector orAssistant Sub lnspector
(iii) Section Commander/Head Forcster
(iv) SpecialTiger Guard/ Forest Consbble.
6. (1) Every member of the Force shall receive on his appointment a certificate in a prescribed form under the sealofthe Principal Chief Conservatorof Forests or such other Forest Officer as the Principal Chief Cons€rvator Forests may specify in this behalf byvi(ue ofwhich the person holding such certificate shall be vested with the power of a member of the Force.
(2) Such certificate shallcease to have ettect whenever the person named in it ceases to be a Member of the Force.
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237
(1) (a) The Superintendence and control of the Arunachal Pradesh Forest Protection Force shall vestwith the Principal Chief Conservator of Forests and shall be carried on by him in accordance with the provisrons of this Act and Rules made there undet
(b) The Superintendence and controlof theArunachal Pradesh Special Tiger Protection Force shall vest with the Chief Wildlife Warden and shall be carried on by him in accordance with the provisions of this Act and Rules made there under.
(2) The PrincipalChief Conservator of Forests or the Chief Wildlife Warden shall have the powers to authorise any officers subordinate to them, to exercise such powers for administration and deploymentof the force under their superin-tendence.
(3) TheArunachal Pradesh SpecialT]ger Potection Force is liable to be deployed in anyTiger Reserv€s of lndia on being so requisitioned by theMember Secretary, National Tiger Conservation Authority.
(4) Subject to the provision of sub-section (l) the administration of the Forces, within such local limits as may be presciibed, shall be carried on by other supervisory officers in accordance with the provisions of this Act and or any Rules made thereunder and every supervisory offiaer placed in charge of the protection and security of Forests, Forests Produce and wildlife shall, sub.iect to any directions that may be given by the Govemmentin this behalf discharge his functions underthe general supbrvision, direction and control of the concerning Forest Officer of the terntory
Subiect to the provision ofA(icle 311 ofthe Constitution and to such rules as the Government may underthisAct make, any Supervisory Officer may-
Superinten-
dence control
Administra-
tion of the
Force.
Penalues.8
Appealand I revision.
238
(i) Dismiss, suspend or reduce in rankany memberofthe Force whom he thinks remiss or negligent in the discharge of his duty or u nflt for the same or fails without reasonable cause, to report himself forduty on expiration of leave, or
(ii) Award any or more of the following punishments to any memberof the Forces who wilfully breaches any rules ' or rqJulation ordischarges his duty in a careless manner or who by any act of his own renders himself unfit for
the discharge thereof, namely,
. {a) lmpose fne to any amount not exceeding seven days pay or reduction in pay scale ;
(b) Order for drill, extra guard, fatigue orotherduty;
(c) Remove from any ofice of distinction or deprive from any special emolument,
(d) Pass other punishmenu punishments as may be deemedflt and proper
(1) Any'member ofthe Forces aggrieved by an order made under section 8 may, within 30 (thirty) days from the date on which he order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and subject to the provisions of sub - section (3) of this section, the decision of the said authority thereon shall be final :
Provided that the prescribed authority may entertain the appealafter the expiry ofthe said period ^ of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.
(2) ln disposing ofan appeal, the prescribed authorityshall follow procedure as may be prescribed.
(3) The Government may call for and examine the proceedings under Section 8 or under sub-section
(2) of this section and may make such inquiry or cause such inquiry to be made and subject to the provision of this Act, may pass such orderthereon as it thinks flt:
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239
Provided that no order imposing an enhanced penalty under subsection (2) or sub-section (3) shall be made unless a reasonable opportunity of being heard has been given to the person affected by order 10- lt shall be the duty of every supervisory officer and member of the Forces-
(a) To promptly obey and execute all orders lawfully issued to him by his superior Authority ;
(b) To protect and safe guard the Forests, Forests Produce, Wildlite and security of Forestpersonnel ofthe State ofArunachal Pradesh;
(c) To protect and safeguard other properties owned by the Forest Departrnent of the State Government ofArunachal Pradesh;
(d) To do any other act conducive to the better protection and security of Forests, Forest Produce and Wildlife etc. referred to in clauses
(b) and (c) above.
11. (1) Any supervisory officeror Memberof the Force, may without any order from a Magistrate and without a wanant, an'est any person, who has been concemed in or against whom a reasonable suspicion exist of his having been concemed in orwho is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing, cognizable offence relating to -
(i) Forest, Forest Produce, Wildlife and Forest personnel ofthe Slate of Arunachal Pradesh.
(ii) Property belonging to the Forest depart- ment ofthe State Government ofArunachal Pradesh ; Powers to
anest
without
wanant
Duties of
Memberof
the Forces.
Powers to search
without wanant.
12
Procedures 13 to be
followed
afteranest. Power to
use fire
arms as
provided in ChapterXl & Xll of Cr.
PC.
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244
12\ lt any person is found trespassing or squattingin any Reserved Forest, Protected Forests, Anchal Reserve Forests, Village Reserve Forests, Plantation and premises owned by the Forest Department, National Parks, Tiger Reserves, Wildlife Sanctuaries, Conservation Reserve or Community Reserve, he may, without prejudice to any proceedings which may be taken against him, be removed from such areas by any supervisory officer or member of the Forces.
(1) Whenever any supervisory officer, oranymember of the Forces, not below the prescribed rank has reason to believe that any such offence as is refened to in Section (11) have been or being committed and that a search warrant cannot be obtained without affording the offender an opportunity, of escaping or concealing evidence of the offence, he may detain an offender and search his person and belonging forthwith and if he thinks proper, anest any person whom he has reason to believe to have committed the offence.
(2) The provision of the Code of Criminal ProcedureAct, 1973, so far as it relates to the searches under that code shall, apply to searches under this section. Any supervisory officer or member of the Forces making an arrest under this Act shall, without unnecessary delay, make over or send the person so arrested to a Magistrate having jurisdiction in the €se.
(1) ln order to prevent comrnjssion of any offence and in orderto make effective search, the officers and the other members of the Force will have the right to use minimum necessary force including use of fire arms as provided in Chapter Xl and Xll ofthe Code of Criminal Procedure Act, 1973.
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(2) The provisions, envisaged in suFseclion (2) of sect,on 197 of code of Criminal Procedure, 1973 shall apply to all the Members and Supervisory Officers of the Forces.
(3) Wherever firing is resorted to by any personnel mentioned in clause(2) above, each such incident shall be enquired into by an Executive Magistrate of the locality, and any proceeding including institution of a criminal case of any nature or effecting an arrest can be initiated by the Police, only if, it is held, as a result of the Magisterial Enquiry that use of firearms has been unnecessary, unwarranted and excessive and such report has been examined and accepted by the Government.
15. (1) Every Supervisory Officer and member of the Force shallfor the purpose 0f this Act be considered to be always on duty, and shall at any time, be liable to be employed at any place within the State of Arunachal Pradesh andin so far as the Arunachal Pradesh Special Tiger Protection Force is concerned,its members and the supervisory officer shall also be liable to be posted any where within lndia, on being requisitioned by Member Secretary, National Tiger Conservation Authority.
(2) No Supervisory Officer or member of the Force shall engage himself in any employment or office , other than his duties under this Act.
16. No member of the Force Shall ,
(a) be a Member of, or be associated in any way with, any trade union, labour union, political association or with any class of trade unions, labour unions, or political associations; or
(b) be a Member of, or be associated in any way with, any other society, institutjon, association or organisation that is not recognised as part of the Force or is not of a purely social, recreational or religious nature ; or
Officers and
members of
the Forces
to be consi-
dered always
on duty and
liable to be
employed
anywhere in
the State of
Arunactal
Pradesh
and lndia.
R*fictions
respectlng
right to form
associations
etc.
Responsibi- 17 ities of the Members of the Forces during suspension. Sunenderof 1B certificates, arms etc,
by persons ceasing to be Members of the Forces.
242
(c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary artistic, or scientific character. Explanation: - lf any question anses as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b), the decision of the Gavernment thereon shall be final.
(2) No Member of the Force shall participate in, or address any meeting or take part in any demonstration organized by any body or persons forany political purposes orforsuch other purposes as may be prescribed.
A member of the Force shall not by reason of his suspension from office cease to be member of the Force and he shall during that period be subiect to the same responsibilities, discipline and penalties to which he would have been subjected to if he were on duty.
(1) Every person who for any reason ceases to be a member of the Force, shall forthwith surrender to any supervisory oflicer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as a member of the Forces.
(2) Nothing in this section shall be deemed to apply to any article, which under the orders of the Principal Chiel Conservator of Forests, has become the property of the person to whom the same was fumished.
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243
19. (1) Without prejudice to the provisions containedin section 8, the act of wilfully neglecting or refusing or sunendered certiflcate of appointmentorthe arms, accoutrements, clothing and other articles furnished as required under sub-section (1) of section 18, or the act engaging himself without authority in any employment otherthanhis duty as a member of the Forces, shall be punishable with imprisonment for a term which shall not be less than six months or fine shall not be less than five thousand rupees or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure Act, 1973, offence punishable under this section shall be cognizable.
(3) Nothing contained in this section shall be construed to prevent any member of the Force from being prosecuted under any other law for time being in force for an offence made punishable by thatlaw, or for being liable under any such law to any other or higher penalty or punishmentthan is provlded for such offence under this section:
20
21 . (1) ln any suit or'proceeding against any supervisory officer or member of the Forces for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the order of a competent authority. Provided that no person shall be punished twice for the same offence.
The Police (lncitementto Disaffection) AcI, 1922 shall Application apply to the supervisory officers and members of of Act22of the Forces, as it applies to the members of the 1922 to Police Force. Officers and
Members of
the Forces.
Penalties for
neglect of
duty etc..
Protection
of acts of
Offlcers and
Members of
the Forces.
Boards of Studr'es.
(2)
(3)
(4)
22. (1\
12)
244
Any such plea may be proved by the production of the order directing to act, and if it is so proved, the supervisory officer or the member of the Force shail thereupon be discharged from any liabilities in respect of the act so done by him.
Notwithstanding anything contained in any law for the time being in force, any legal
proceeding, whether civil or crirninal, which may lawfully be brought against any supervisory officer or the member of the Force or anything done or intended to be done under the powers conferred by or in pursuance of any provision of this Act or the Rules made thereunder shall be commenced lvithin three months after the act complained of having been committed and nol other wise and notice in wnting ofsuch proceeding and of the cause thereofshallbe given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding.
For prosecution of any officer or member ofthe Force, sanction as required undersection 197 ofthe Code of Criminal ProcedureAct, 1973will be necessary. The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
ln particular and without prejudice to the generality of the foregoing powers, such rules may provide for-
(a) Regulating the classes, ranks, grades, pay and remunerations of supervisory officers and
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245
(c) Fixing the period olservice forsupeMsory officers and members of the Forc€;
(d) Prescribing the description and quantity of arms, accoulrements, clothing and other necessary articles to be furnished to the member of the Force ;
(e) Prescribing the places of residences of the Force;
(f) lnstitutions, managements and regulation of any fund or any purpose connected with the administration of the Force i
(g) Regulating the punishmentand prescribing the authorities to whom appeal shall be prefened from orders of punishmentand the procedure to be followed for the disposal of such appeal ;
(h) Any other matter which has to be or may be prescibed.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislatrve Assembly of tuunachal Pradesh while it is in session for a total period of10dayswhich may be comprised of one session or two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following the Slate Assem bly agrees in making any modification in the rule or agrees that the rules shouldnot be made, the rules shallthereafter have effect only in such modified form or be of no efiect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.