•
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENf Act No. XVI of 1927
The Indian Forest Act, 1927 (bl its appllcation to the State of Mallarasldra)
• ( As modified up to the 10th May 1990)
J
Printed in India. by the Manager, Government Press and Book Depot, Nagpur and Published by the Director, Government Printing, Publications and Stationay, Maharashtra State, Bombay-400 004.
1990
• [price Rs. 3-00]
1
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TABLE OF CONTENTS ~ 1-<. ..f r '3.Cf ~~t~ J~~ ' ais ,.
CHAPTERI
PRELIMINARY
SOOTIONS. PAGE
1. Short title and extent 1
2. Interpretation clause 2 2A. Construction of certt>.in references to Central or Bombay Acts 3
CHAPfERil
OF RESERVED FORESTS
3. .Power to reserve forests . . 3
4. Notification by State Government 3
5. B..1.r of accrual of forest-rights . . 4
6. ProclamJltion by Forest Settlement Officer 4
7. Inquiry by Forest Settlement Officer 4
8. Powers of Forest Settlement Officer 4
9. Extinction of llights 4
10. Treatment of claims rcUing to practice of shifting cultivation 5
11. Powir to acquire land over which right is claimed 5
12. Orders on claims to rights of pasture or to forest produce 5
13. Record to be Illild• by Forest Settlement Officer - 6
1_4. Record where he admits claim 6
15. Exercise of rights admitted 6
16. Commutation of rights . . 6
17. Appe..'\l from order p.,.ssed under section 11, section 12, 6 section 15 or section 16.
18. Appe.:o.l under section 17 . . 7
19. Pleaders 7
20. Notification deciaring forest reserved 7
21. Publication of tre.nslation of such notifications in neighbour- 8 hood of forest.
22. Power to revise arr,mgemcnt m,i.de under section 15 or section 8
18.
23. No right acquired over reserved forest, except as here provided 8.
24. Rights not to be aliem,ted without sanction 8
25. Power to stop w.iys and w.1ter-courses in reserved forests 8
26. Acts prohibited in such forests . . 8
27. Power to declare forest no longer reserved 9
CHAPTER ID
OF VILLAGE FORESTS
28. Formation of village forests IO
A-1091-1.
2
ii
CHAPTERIV
OF PROTECTED FORESTS
SECTIONS. PAGE .
29. Protected Forests 10
30. Power to issue notification reserving trees, etc. .. 10
31. Publication of translation of such notification in neighbour- 11 hood.
32. Power to make rules for protected forests 11
33. Penalties for acts in contravention of notification under section 11 30 or of rules under section 32.
34. Nothing in this Chapter to prohibit acts done in certain cases 12
,
CHAPTERV
OF THE CONTROL OVER FORESTS AND LANDS
NOT BEING THE PROPERTY OF GOVERNMENT
34A. Interpretation 12
35. Protection of forests for special purposes 12
36. Po\\-er. to assume m:imi,gement of forests 14 63A. Manner of serving notice and ord~r under section 36 14 ,, 36B. Period of control .. 14
36C. Termination of control .. 14
37. Expropriation of forest in certain cases 1s·
38. Protection of forests at request of owners 15
CHAPTER VI
OF THE DUTY ON THE TIMBER AND 0THER
FORESTS-PRODUCE
39. Power to impose duty on tim:ber and other forest produce 15
40. Limit not to apply to purchase-money or royalty 16
CHAPfERVII
OF THE CONTROL OF TIMBER AND OTHER
FORESTS-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce 16 41A. Powers of Central Government as to movements of timber IS across customs frontiers.
42. Penalty for breach of rules made under section 41 18
3.4 Government and Forest Officers not liable for danmge to 18 forest produce at depot. ·
44. All persons bound to aid in case of accidents at depot 18
3
Sil CltAl'TERVJtt
OF THE COLLECTION OF DRIFT AND STRANDED
TIMBER
SECIIONS. - . PAGH
45. Certain kinds of timber to be deemed property of Government 18 until title thereto proved, and may be collected accordingly.
46. Notice to claimants of drift timber 19
47. Procedure on claim preferred· to such timber . . 19
48. Disposal of unclaimed timber 19
49. Government and its officers not liable for damage to such 19 timber.
50. Payments to be nmdc by claimant before timber is delivered 20 to him.
SI. Power to make rules and prescribed pen,ltics . . 20
CHAPTERIX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation 20
. 53. Power to release property seized under section 52 21
54. Procedure on receipt by Magistrt.tc of report of seizure 21
55. Forest-produce, tools, etc., when linblc to confisc,.tion 21
56. Disposal, on conclusion of trial for forest-offence, of produce 21 in respect of which it was committed.
57. Procedure when offender not known or Cf'.nnot be found 21
58. Procedure 1s to perishable property seized under section 52 21
59. Appeal from orders under section 55, section 56 or section 57 22
60. Property when to vest in Government 22
61. Saving of power to release property seized 22
61A. - Confiscation by Forest-Officers of forest-prbduce where forest- 22 offence i~ believed to have been committed.
61B. Issue of show-cause notice before con:fisc;,.tion under section 23
61A.
61 C. Revisio n 23 61D. Appeal 23 61E. Award of confiscation not to interfere with other punishments 23 61F. Property, etc. confisc;.,.ted when to vest in Government 23
61 G . Bar of jurisdiction in certain case-s · 24
62. Punishment for wrongful seizure 24
63. Penalty for counterfeiting or defrcing mc1.rks on trees nnd tim- 24 ber and for altering boundary m,'l.rks.
64. Power to arrest without warrant 24
65. Power to release on 2 bond a Person :oirrestcd 25
65A. Certain offences to be non-baili.ble 25
66. Power to prevent commission of offence 25
67. Power to try offences summarily 25
68. Power to compound offences 26
69. Presumption that forest-produce belongs to Government 26
4
iv
CHAP'l'ERX
CAT ILE-TRESPASS SECI'IONS.
70. Cattle-trespass Act, 1871 ~ to apply26
71. Power to alter fines fixed under that Act 26
CHAPTER XI
OF FOREST OFFICERS
72. State Government may invest Forest Officers with certain 27 powers.
73. Forest Officers deemed public servants 27
74. · Indemnity for acts done in good faith 27
75. Forest Officers not to trade 27
CHAPTER XU
SUBSIDIARY RULES
76. Additional powers to make rules27
77. Penalties for breach of rules 28
78. Rules when to have force of law 28
CHAPTERXIlI
MISCELLANEOUS
79. Persons bound to assist Forest Officers and Police Officers 28
80. Management of forests, the joint property of Government29,
and other persons.
80A. Power of Government to apply provisions of this Act to . 29 certain lands of Government or local authority.
81. Failure to perform service for w:1ich a share in produce of 29
Government forest is enjoyed.
82. Recovery of money due to Government 30
83. Lien on forest-produce for such money30
84. Land required under this Act to be deemed to be needed for30
a public purpose under the Land Acquisition Act, 1894.
85. Recovery of penalties due under bond .. 30 · 85A. S.1ving for rights of Central Government 31
86. (Repeals) 31
THE SCHEDULE-Repealed.
5
ACT No. XVI OF 19271
•
[TIIE INDIAN FORFST ACT, 1927]
[21st September 1927] Amended by Act 26 of 1930.
" " " 3 of 1933. Adapted and modified by the Government of India (Adaptation of Indian Laws) Order, 1937.
Repealed in part by Act 2 of 1948 . .
Adapted and modified by the Indian Independence (Adaption of Central Acts ,nd Ordinances) Order, 1948.
Amended by Born. 62 of 1948.
Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Born. 23 of 1951.
" " " 2S of 1953.
" " " 24 of 1955.
" " " 10 of 1956.
" " " 17 of 1956. Adapted and modified by the Adaptation of Laws (No. 3) Order, 1956. Am.ended by :a<>m. 26 of 1957.
" " Mah. 6 of 1961.
" " " 15 of 1965.
" " " 27 of 1968.
" " " 29 of 1975 (30-8-1975)•
" " " 14 of1978 (26-4-1978).• Amended by Mah. ·23 of 1984 (22-6-1984) Ame•ded by Mah. 7 of 1985 (1-6-1985). An Act to consolidate the law relating to forests, the transit of forest-produce aad the duty leviable on timber and other forest-prodace.
WHEREAS it is expedient to consolidate the law relating to forests, the transit
of forest-produce and the duty leviable on timber and other. forest-produce; It i,
hereby enacted as follows :-
CHAPTER I
PRELIMINARY
1. Short title and extent.-0) This Act~y be called the Indian Forest Act. 1927.
2( (2) It extends to the whole of _India except the territories which, immediately
before the 1st November, 1956, were comprised in Part B States3[other than tbe
Hyderabad area of the State of Maharashtra].
(3) It applies to the territories which, immediately before the I st-November, 1956, were comprised in the States of Bihar, Bombay, Coorg. Delhi, Madhya Prades.lt,
6
Jndl.n Forest ~ct. [ACT.XVI
Orrisa, Punjao, Uttar Pradesh and West Bengal; but the Government of any State may by notification in•the Official Gazette bring this Act into force in the whole or any specified part of that State fo which this Act extends and where it is not in force:] 1 [ Provided that, on the commencement of the Indian Forest (Maharashtra Mah. vi Unification and Amendment) Act, 1960, this Act shall be in force in the· Hyderabad or 1961. area of the State of Maharashtra.]
·2. Interpretation c/ause.-In this Act, unless there is anything repugrui.nt in
the. subject or context,- · (/) "cattle". . includes elephants, camels, buffaloes, horses, mares, gelding, ponies, colts, fillies, mules, asses, pigs, rams·, ewes, sheep, lambs, goats and kids:
(2) "Forest-officer"· means any person whom 2 ... the3 [4[State] Government] or any officer empowered by 2 .... the3 [4(State] Government] in thilJ 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, this is to say :-
timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds5[kuth]6[apta and tembhurni leaves] 7 [rosha grass 8 [including oil derived therefrom] , rauwolfia serpentina] and myrobolans, 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 m~ntioned 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 limestone, Iaterite mineral oils, and all products of mines or quarries) ; · 9[ (4A) «owner" includes a Court of Wards in respect of property under the superintendence or charge of such court ;] ·
10[ (4B) "Police Ofli::er" means a Police Officer as· defined in the Bombay :sri;, pn Police Act, 1951 ; ·05
(4C) "Revenue Officer" means .a Revenue Officer as defined11[in the Maha- Mah- XLI rashtra Land Revenue Co_de, 1966] ; or 1966.
1 • This proviso was added by Mah. 6 of 1961, s. 3 (ii).
a. The words "the Governor-General in Council, or" were omitted by the Qoyemmentor India (Adaptation of Indian Laws) Order, 1937.
3. The words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indiu Laws) Order, 1937.
• · The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1!>50.
s. This word was inserted by s. 2 of the Indian Forest (Amendment) Act, 1930 (26 of 1933).
6. These words were inserted by Born. 24 of 1955, S. 2.
7. These words were inserted by Born. 17 of 1956, ii:. 2.
s. These words were inserted by Mah. 27 of 1963, s. 2.
9. This clause was inserted bys. 2 of the Indian Forest (Amendment) Act, 1938 (3 of 1938).
10. These clauses were inserted by Mah. 6of 1961, s.4.
7
OF 1927] Indian Forest Act 3
(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 hallowed out for any purpose or not; and
(7) "tree" includes palms, bamboos, stumps, brush-wood and canes. 1[ 2A. Construction of certain references to Central or Bombay Atts.-In the applice.tion of this Act · to a ny area of the State of Mahan,.shtra other than the Bombay area thereof, any reference to a provision of a Central or Bombay Aot
shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding L'tw, if any, in force in that area.].
CHAPTE:Q.11
OF RESERVED=FORESTS
3. Power to reserve forests.-The 2[3[St:ite] Government] may constitute 2.ny forest-land or w.1ste-land wi1ich is the property of Government, or over which the Government has proprietary rights, or to the whole or any p?..rt of the forest- produce of which the Government is entitled, a reserved forest in the manner here- inafter provided.
4. Notification by a[3[Stats] Government].-(/) Whenever it h2s been decided to constitute any 12.nd a reserved forest, the2[3[State] Government] ~h?.11 issue a notifi- cation in the4[0.fficial Gazette]-
(a) declaring that it has been decided, to constitute such land 'i reserved forest ;
(b) specifying, as nearly as possible, the situation and limi~s 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 ?.s provided in this Chapter.
Explanation.-For the purpose of clause (b), it shall be sufficient to describe the limits of the forest roads, rivers, bridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-se_ctio~ (/) shi:>.11 ordinarily be a person not holding any forest-office except tlw.t of Forest Settlement-officer. · (3) Nothing in this section sh.'l.U prevent the2[3[St.ll.te] Government] from appoint- ing any number of officers not exceeding three, not more than one of them sh1.ll be a person holding a ny forest-office except rs 1forcsaid, to perform the duties ofa Forest Settlement-officer under this Act.
1 • This section was inserted by Mah. 6of I 961, s. 5.
• The words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. The word "State' was sub~tituted for the word "Provincial" by the Adaptation of Laws Order, 1950. ·
•· These words were substituted for the words "local official gazette", ibid.
8
-4 Indian Fore,t Act [ACT XVI
5. Bar of accrual off otest-rights.-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 in to by or 1[ on behalf of the2[Government] or] some person in whom such right was vested when the notifi~-tion was issued and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the3 [4[State] Government] in this behalf.
6. Proclamation by Forest Settlemenc-officer.-When a notification has been issued under section 4. the Forest Settlement-officer sh"lll publish in tl'e local verna- cular in every town and village in the neighbourhood of the land comprised therein a proclamation-
(a) specifying as nearl)' as possible, the situation -and limits of the proposed forest ;
(b) explsining the consequences which as hereinafter provided will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the d'l e of such pro- clamation, 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 written notice specifying or to appear before him and· state the nature of such right
and the amouqt and particufars of the compensation (if any) claimed in respoct thereof.
1. Inquiry by Forest Settlement-officer.-The Forest Settlement-o~cer shall take down in writing all statements 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 sectio_n 5 and not claimed undet 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.
8. Powers of Forest Settlement-officer.-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, dem,1.rc..".te and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
9. Extinction of Rights.-Rights in respect of which no clzim has been pre- ferred under section 6. i:-.nd of the existence of which no knowledge has been acquired by inquiry under section 7, shall be extinguished, unless before the noti- fication under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he hr..d sufficient cause for not preferring such cJrim within the period fixed under section 6.
1 These words were substituted for the words "on behalf of Government" by the Government of India (Adaptation of Indian Laws) Order, 1937. •
9
OF 1927] Indian Fore1.t Act,
10. Tteatment of claims relating to practice of $hifting cultiYatio11,-rll) IJt. the case of a cl;Lim relating to the practi~ of shifting cultivation, the ·Forest Settlem(;:nt- officer shall record a statement setting forth the particulars of the claim and of ~ny local rule or order under which the practice is allowed or regulated, and submit the statement to the 1[2[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 1[ 2 [State] Gov~rnment] 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 Settkm.e~t~Q-fij,cer may arrange for its exetcise-
(a) by altering the limits of the land unde_r settlement so as to exclude laqd of sufficient extent, of a suitable kind, and ia a locality, .re,asona.bly conveiiienf(or the purposes of the claima.nts, . or .• -. _.-
(b) by causing certain portion of the land under settlement to be sepantely 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 of the 1[2[State] Government]. · ... - ·
(5) The practice of s.hiftiog cultiv'.ltion shall in all cases be deemed ~ p~ivilege subject to control, restriction and abolition by the 1[2[State] Gover_nment]. _ , \ .: ..
11. Power to acquire land over which right is claimea.-{I) In the case of a ·oJaim to ·a right in or over a ny land, other than a -right·or w',iy or right of p:istl.ire, ·or a right to forest-produce or a water co-urse; tlie 'Forest Settlement~officer s.haU pass ·an order Bdmitting or rejecting the same in whole or in part. _
(2) If such claim is admitted in whole or 'in part, th~ Forest Setdemerit-officer shall either- _ . .
(i) exclude such.land from the limits of the proposed fo.resi ; or' . . . . ,. :
(ii) come tQ ·an agreement with the owner thereof fpr the surren
(iii) proceed to acquire such land in the m.,"lnner provided by tlie Lirid Acqui- . I of sition Act• . 1894. . . .
1894. (3) For the purpose of acquiring. such lai;id- _ _ . , . __ . .
(a) the Forest Settlement-o~~: shall be deemed to be_ a . ~llec~or prq~- I of ing under the I.and Acqu1s1t.1on Act, 1894 ;
1894 (b) the claimant shall be deemed to be a person interested ai;id appearing_b efore him in pursuance of a notice given under seetion 9 of.that Act ; .•
(c) the provisjons o( the preceding sections of that f\ct ~hall be deem~~ to._have tieen complied with; and . . . , ,. . -
(d) the Collector. with the consent oftlie claimant, or the Court, wfrh the 'con- sent of both parties may award compensation in land, or ,partly in l~_nd and partly in money. . · _ · . · -_· ".:·,-·• .. . , ·- _ ,
.,.; • ... l •
12. Orders on claims to righ~s of pas.tur_e 9r to forest-prodiice.-:-3[' (1) J· I* t~e case of a claim to rights of pasture or to forest-produce; the· Forest Settlemerit- officer shall pass an order admitting or rejecting the samei n whole or_i n part. ' 4( (2) A copy ot the order passed under -sub-sectio11 (I) shall 6~ _furniih~
, The-words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of In,dian Laws) Order, 1937. .
2. The word'" State•: ,,.-as ·substituted. for .the wo~d · "Provincial" by. the {\daptation 'of Laws Order, J9jO; ' ' • -· · · - · · ' ·
. . 3. Section 12 was-r.c-numbered as sub-section (J) of that section by Mah. 6 ofJ 961, s.' 6. . ,.
4. This sub-section was added, ibid. A• I091-2,
10
6 Indian Forut A.ct . [ ACT XVI ll. Recor.// to be mad4 by Forest Settlement-officer.-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.
14. Record where .he admits claim.-If the Forest Settlement-officer admits in wbdle 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 &ea.son during which such pasture is permitted, the quantity of timber and other forest-produce which is from time to time authorised to take or receive. any 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. ·
15. Exercise of rights admitted.-(]) After making such record, the Forest Settlement-officer shaU, to the best of his ability, and ha:ving due regard to the maintenance of the reserved forest in respect of which the claim is made, pass aucb orders as well ensure the continued exercise of the rights so admitted.
(2) For this pu~ose the Forest Settlement-officer may-
(a) set out some other forest-tract of sufficient extent,and ina 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, a~ soch reasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the1[2[State] Government].
16. Commutation of rights.-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
saiid rights to the extent so admitted, he shall, subject to.such rules as the1[2[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. Appeal from order passed under s~ction 11, section 12, section · 15 or Mclion 16.-Any person who has made a claim under this Act, or any Forest
•. Tbe words "Provincial Government" .were substitutod for .the .words·" Local Oovcrnmcet"
by tbe Government of India (Adaptation of Iaiian Laws) Order, 1937. a.. The word "State" was substituted for the word "Provinciaf' by U1e Adaptation of Laws Order,_1 950. ·
. '
11
OF 1927] Indian Forest Act officer or other person generally or specially empowered by the '[ZrStlte] Govern- ment] 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, prei;ent an appeal from such order to such officer of the Revenue Department, of rnnk not lower than that ofa Collector, a!> t.he •[2[StateJ Govern- ment] may, by notificati9n in the3(O.fficial Gazette], appoint to hear appeals from such orders :
Provided that the1[2[State] Government] may establish a Court (hereinafter called the " Forest Court ") composed of three persons tc be appointed by the 1 [2[gtate] Government]' and when the Forest Court has been so established, all such apper,.ls, shall be presented to it.
18. Appeal under section 17.-(1) Every appeal under section 17 shall be made by petition in writing, and m;,.y be delivered to the Forest Settlement-officer, who shall forwdrd it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17. it shall be heard in the manner prescribed for the time being for the hearing of appeals in matter relatieg to land-revenue.
(3) If the appeal be to the forest Court, the Court shaU fix a day and a con- venient place in the neighbourhood of the proposed forest for hearing the appeal, and shii.11 give notice th~reof to the parties, and shaJI hear such appeal according]y.
(4) The order passed oo the appe:ll by such officer, or Court, or by the majority of the members of such Court as_t he c:i..se rw.y be, shall subject only to revision by the1(2[State] Government], b::: foul.
19. Pleaders.-The 1[2[State] Government], or any person who bas made a claim under this Act, may 8.ppoint any person to appear, ple.."1d and act oe its
or his b~half before the Forest Settlement-officer, or the appellate officer or Comi, in the course of any inquiry or appeal under this Act.
20. Notification declaring forest reserved.-(]) When the following events have
occurred, nilmcly :-
. (a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been dispqsed of by the Forest Settlement-officer ;
(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 appellate officer or Court ; and •
(c) all lands (if any), to be included in the proposed forest, which the Forest 1 of Settlement-officer has, under section 11, elected to acquire under the Land Acqui- 1894. sition Act, 1894, have become vested in the Government under section 16 .of that Act, ·
the 1[2 [State] Government] shall publish a notification in the3
[O/ficial Gazette}, spec·fying definitely, according to boundary-marks erected or otherwisei the limit of the .f orest 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. 1 • The words "Prov•ncial Government" were.substituted for the wordt> "~ Govemmoot"
by the Government of India (Adaptation oflndian Laws) Order, 1937, · 2 • The word "State" was substituted for the word ''Provincial" by the Adaptation of Laws Order, 1950. . ·
J. Th;,se words were substituted for the words "L0cal Official Gazette"'by the Qoverflll\ent of India (Adaptation of Indian LawsJ Order; l937.
12
..
8 ln'dian Fo;est Act [ACT XV. ,'21'~· · Pu~licati-;n of translation of such notifications in neighbourhood of forrst.- Tlif·Foiest-officer :s~Il, before the date fixed by such notification, cause a transla- t'i6n th~reof iqto the focal vernacular to be published in every town and villag& in the)ieigh6ourhood of the forest. .
··,22.- .Power to revise .ar.rangement made un,der section //j or section /8.-The 1 [ 2(Stiite] Government] may, within five )eus from the public.?.tion of any notifi- cation unqer section 20, revise any arrangement made under section 15 or section
18. • and' n;i.ay for this purpose rescind or modify any order made under section 15 or &"ectio:b., 18, and direct that any one of the proceedings specified in section 15 be taken in l ieu _of any·'other of such proceedings, ◊r that the rights admitted under section 12 be commuted under section 16.
,., ·23J No fight acquired over reserved forest except as here provided.-No right of ~yid~cription s,h.a]l ~ acquired in or over ti. reser".ed forest except by succession und~,a. grant or contract in writing made ·b.v or3fo n behalf oftbe4[Government] qr}.seme persoo in whom such .right was vestcp when the notification under section 1() -~~s iss i,ed., . · ·
24: Rights not to be alienated witlzqut sanctiotz.-(1) Notwithstanding anything contained' in section,23 no right continued under clause (c) of sub-section (Z) of section 1$ shall boa! ;,tlifnated by w,,y of grant, sale, le<'.se, mortg<'.gc or otherwise wi$out the sanct,ion of the1[2[Statcl , Government]: ,
•·, Provided that when any such right is appemfant to any land or house it mr.y be ,sold or other.wise alien::i.ted with such land or liouse.
(2) No timber or other forest-produce obtained in exercise of ;tny such right shall be sold or b.1rtered except to such extent ?.s m;.>.y have been admitted in the erder recorded· under -section 14.
; • ~ ..., .,1 • • L
, . 25., : Power .to•s top ways and water courses in reserved forests.-Tbe forciit-officer may with the previous si:.nction of the1 [2[St?.te] Government] or of any officer duly authorised by it in this behalf, stop any ·public or priV1.te wa.y or w11.ter-cotirse in a ,res~ived.forest provided that a substitute·for the way or w,.>.ter-course so stopped which the1(21:State] Government] deems to be reasonably convenient 1:1lrer.dy ,e~sts or .h?-S b.een provided or constructed by the Forest-officer in lieu thereof. ', · ~- ': Ac~ p;ohibited in su;k fo;ests.-{i) Any person v.ho-
(a) makes any fresh clearing prohibited by section 5 or -~ 1 [(b) sets 1ire 'to a reserved forest or to proposed forest in land in respect of ·, ·W}lich a ·11oti:tie?.tion declaring tte decision of the · Stat_e Government to con-
. stitute it :t reserved forest has been issued under section 4 0r in contravention of any rules m'ide by the State Government in thi:, behalf kindles in such forest ! · •any fire or leaves any ,fire burning, in such manner as to end, nger such a forest; ., , or whJ, in a reserved forest or a proposed forest in land notified as aforesaid
(c) kindles, keeps· or carries a.ny fire except at such seasons as the forest-officer , _ :n,ay notify in thi~ behalf ; . . . :
;· \ • : 1 (d) tresp1sses or p,istu.res cattle, or p~rmits cattle to trespass ;
. /'. (e) -~Mes. any c!-.am~.ge by_n egligence fo felling any tree or cutting or dragging ··- any timber ; ·
"
.--'· The word$. "Provincial Government" were $ubstituted for the words "Local Government"
i,y· the Government of India .(Adaptation of Indian Laws) Order, 1937. - a: The ,?'()rd "State ~ was substituted for the ~rd "Provincial" by" the Adaptation of Laws drder, 1950. . , .
3. These words were sub stitu~ed for the words "on behalfo f Government" by the Government of · . -Jndia -(A-dap'tation'of Indian Laws)· Order, 193"7. · ·
4. The word "Governm~nt" was substituted for the word "Crown" by the Adaptation of Laws
-,, ,O_r(\er;19,50. · ...• • . ,
s. This Portion was substituted for the original by.Mah. 6 of 19.6J. S. 7 (i).
13
OF 1927] .Indian Forest Act 9 (/) fells, girdles,-lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same;
(g) quarries stone, burns lime or· charcoal, or collects, s,uhjects to any manu- facturing process, or removes, any forest-produce ;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the.1[ 2[State] Govern- ment] bunts, shoot_s, fishes, poisons water or sets traps or snares; or ·
U) in any area in which the Elephants Preservation Act, 1879 is not in force, kills or e<1.tches elephants in contravention of any rules so made ; shall IBe· punisrui.hle with imprisonment for a term which may ex:tend to3[onc year or with fine which may extend to two thousand rupees], or v..ith both, in addition to such compensation for damage done to the forest as the conviGting Court may direct to b~ 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 ~.ny rule made by the 1 [ 2(State] Government]; or · .
(b) the exercise of any right conti_nued under clause (c) of sub-section (2) of section 15, or cre:-,ted by grnnt or contract in writing made by or4[on behalf of the 5[Government]] _under section 23. ·
(3) Whenever fire-is c;:iused wilfully or by gross negligence in a reserved forest the 1 [. Z[St1.teJ Government] may (notwithstanding that .any pena.lty has_ been inflicted under ttis section) direct that in such forest or ?.ny portion thereof the exercise of all rights of pasture or to forest produce shall be suspended for such. period as it thinks fit. ·
6 [ (4) Where a person is convicted under clause (d) or (h) of sub-section(/)-
(a) a Forest Officer not below the rank of a Ranger, or
(b) a Police Officer not below ··the rank of n Suh-Inspector, or
(c) a Revenue Officer not b.tion to which he has committed the offence.]
X,. Power to declare forest no longer reserved.-(/) The 1[ 2[State] Govern- ment] may, 7• • • by· notification in the8
[0.fficial Gazette], direct that, from a date fixed by such notific?tion, anY. forest or r.ny portion thereof reserved under this Act .s rui.U cease to be a reserved forest.
(2) Fro~ the dat~ so fixed such f~rest_ or ,portiOJ? shall cease to_~ reserved; but the rights (ifa n~) which have been ext1~gu1shed therein shall not revtve ID consequence of. such cessatton.
r. The words "Provincial Governme:1t" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. The word "State" was substituted for the word "Provincial" by the Adaptation of Law Order, 1950.
3. The words were substituted for the words " six months or with fine which may extend to five hundred rupees" by Mah. 7 of 1985, s. 3.
4. These words were substituted for the words "on behalf of Government by the Government of India (Adaptation of Indian Laws) Order, 1937. ·
s. The word "Government" was substituted for the word ''Crown" by the Adaptation of Laws Order, 1950.
6. This sub-section was inserted by Mah. 6 of 1961, s. 7 (ii).
7 The· words "subject to the control of the Governor-General in Council" were omitted by the Governr er\t of India (Adaptation of Indian Laws) Order, 1937.
s. These words were substituted for the words• 'Local Official Gazette", ibid.
14
JO Indian Forest Act [ACT XVI
CHAPfERID
OF VILLAGE FOI{ESTS
28. Formation of vi/lage-forests.-(_l) The1[ 2
[State] Government] may assign to any village-community 3·[ village panchay<1t established under4[the Bombay Bom. III Village Panchayt>ts Act, 1958.], or co-operative society registered or deemed to be iVt5lxiv re&istered under5[thc Maharashtra ~o-operative Societi_cs Act; 1960,] [the rights of 0 /
1961• GovernmeBt to or over any land which bas been constltuted a reserved forest6[or called a protected forest,] and may cancel such 1.ssignmcnt. All forests so assigned shall be called village-forests.
(Z) Tbe 1[ 2
[Statc] Government] may" make rules for regulating the man,-..gement of village-forests, prescribing the conditions under wi1ich the community 7[ Pancha- yat or society] to which any such assignment is mRde may be provided with timber or other forest-produce or pasture, and their duties for the protection and impr'oTe- ment of such forest. .
(3) All the provisions of tl1is Act relating to reserved8
[or protected] forests shall (so far as they a1 c not inconsistent witl1 the rules so made) apply to vilL'lge-forests 9 [,i.ccording as the forests assigned are reserved or protected forests.]
CHAPTERIV
OF PROTECTED FORESTS
29. Protectedforestr-(1) The1[ 2[State] Government] may, by notiflcation iii the 10[ Official Gazette] declare the pro·.,ision 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 Goven:unent 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 sfodl be m?de unless tl:e m.ture and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprisrd therein h2.ve been inquired into and recorded at a survey or settlement, or in such other manner ii.s the1[ 2[State] Government] thinks sufficient. Every such record shall be presumed to be correct ~ntil the contrary is proved :
Provided that if, in the ;:,.se of .any forest-land or waste-)<1.nd, the 1[ 2 [State] Governmen~] thinks Lhit such inquiry and record are necess<1ry but that they will
occupy such length of time .:s in the mean time to endanger the rights ot Govern- ment, the I [ 2 [State] Gove1nment] may, pending such inquiry and reco1d, c.ecla1·c such land to be a protected forest, but so as not to r.bridgc c,r affect any existing riihts of individuds or communities.
30. Power to issue. notification reserving trees, etc.-The 1[ 2 [State] Govern- ment] m&y, by notification in the 10[ Official Gazette]-·
(a) declare any trees or class of trees in a protected forest to te rcservccl from a date fixed by t~e · notification ;
'· The words ''Provincial Government" were sub,tituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937 .
•2 • The word "State" was substituted for the word "Provinc.-al" by the _Adaptatiop of Laws Order, 1950.
J These words and figures were inserted by Born. 24 of 1955, s. 3.
4. These words and figures were substituted for the words and figures "theBombay Village and Panchayats Act, 1933" by Mah. 7 of J9 85, s . 4 (a).
S. These words and figures were substituted for the words and figures "theB ombay Co-operative Societies Act, 1925", ibid, s . 4 (b).
7. These words were inserted by Born. 24 ot 1955, s. 3.
9. These wor<;ls were inserted, ibid. s. 2 (ii) (b).
10 These words were substituted for the words "Local Official Gazette", by the Government of India (Adaptau90 of Indian Laws) Order, 1937.
15
OF 1927) Indian ForeJt Act 11
(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the1[ 2[State] Gover.nm1nt]
thinks fit, and that rights of private persons, if any, over such portion 1hall 9C
suspended during such term, provided that the remainder of 111ch foret1t be sufficient, and in a locality reasonably convenient, for due exercise of the ri~t suspended in the portion so closed ; or
(c) prohibit,-froma date fixed as aforesaid, the quarring of stone, or the burain&
of lime or charcoal, or the collection or subjection to any manufacturing proeesi, or removal of, any forest-produce in any such forest, and the breakiag up or clear- ing for cultivation, for building, for herding cattle or for any other purpose, or any land in any such forest.
31. Publication oft ranslation ofs uch notification in neighbourhood.-The Colle~tor shall cause a translation-into the local vern<1cular of every notification issued under
section 30 to be affixed in a conspicuous place in every town and village ia the neighbourhood of the forest comprised in th~ notification.
32. Power to make rules for protected forests.-The 1( 2[StateJ Government] may make rules to regulate the following rn..atters, namely :-
(a) the cutting, sawing, conversion and removal of trees and timber, and the colJection, manufactur• and. removal of forest-produce, from protected foresti ;
(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 tiie production and return of such licences by such person ;
(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forest~ for the purposes of trade, and the pro- duction and return of such licences by such persons ;
(d) the payments, if any to be mad,e 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 p~yments, 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 from fire of timber lying in such forests and of trees reserved under section 30 ; •
0) the cutting of grass and pasturing of cattle in such forests ;
U) hunting, shooting, fishing, poisoning water and setting traps or snares in such foresu, and the kilJing or catching of elephants in such forests in areas iB which the Elephants Preservation Act. 1879 is not in force ;
(k) the protection and management of any portion of a forest closed under section 30 ; and
(/) the exercise of rights referred to in section 29.
33. Penalties for acts in contravention of notification under section 30 or of i:Ules under section 32.-(1) Any person who commits any of ttc followini offences, namely :-
(a) fells, girdles, lopes, ·taps or burns any tree reserved under· sectio11 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 st.one or bun1s any lime or charcoal, or collects, subjects to any manufacturin1 process, or removes any forest-produce ; ·
(c) contrary to any prohibition under section 30, breaks t1p or cleah for cultivation or any other purpose any land in any protected forest ;
1. The words "Proviacial Government" were substituted for the words "Local Govern-
ment" by .the Government of India (Adaptation ot Indian Laws) Order, 1937. a, The words "State" was substituted for the word "Provincial" by the Adaptatioa of Laws Order, 1950.
16
12 Indian Forest Act [ACT XVI
(d) sets fire to such forests, or kindles a fire without taking all reasonable precautions to prevent its spreading or any tree.reserved under section 30 whether standing, fallen, or felled, or to any closed portion of such forest ; {e) leaves burning and fire kindled by him in the vicinity of any such tree or closed portion ; .
(j) fells any tree or drags 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 ' [one year .or with fine which may extend to two thousand rupees,] or with both.
(2) Whenever fire is caused wiJfully or by gross negligence in a protected forest .the 2( 3[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. ·
4[ (3) Where a person is c<>nvicted of an offence under sub-section (J)-
(a) a Forest Officer not below the rank of Ranger ; or
(b) a Police Officer not below the rank of Sub-Inspector ; or
(c) a Revenue Officer not below the rank of Mahalkari or Tahsildar, may evict him from the Protected forest in relation to which he has committed the offence.]
34. Nothing in this Chapter to prohibit actf; done in certain cases.-Nothing in this Chapter shall be deemed to prohibit any '1.Ct done with the permission in writing of the Forest-officer, or in accordance with rules m.ade 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 h-is been suspended under section 33, in the exercise of any ·right recorded under section 29.
CHAP'IERV
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE
PROPERTY OF .GOVERNMENT
• 5 [34A. Interpretation.-F~r the purposes of the Ch.apter "forest" includes any land containing trees and shrubs, pasture, lands a nd any other land whatso- ever which the 3[State] Government may, by notifica.tion in the Official Gazette, declare to be a forest.]
• 6 [35. Protection of forests for special purposes.-(/) The2[3[State] Govern- ment] may, by notification in the Official Gazette,-
' (i) regulate or prohibit in any forest- .
(a) the breaking up or clearing of the land for culliv,ition ;
(b) the pasturing of cattle ; 1• These words were substituted for the words "Six months or with fine which may extend to five hundred rupees " by Mah. 23 of 1984, s. 5.
17
OP 1927]. Indian Forest Act 13
(c) the firing or clearing of the vegetation ;
(d) the girdling, tapping or burning of any tree or the stripping off the bark or leaves from any trees ;
{e) the lopping and pollarding of trees ;
(f) the cutting, sawing, _conversion and removal of trees -and timber ; or
(g) the quarring of stone or the burning of li.D\e or charcoal or the collection or removal of any forest-produce or its subjection to any manufacturing proceis;
"(ii) regulate in any forest the regeneration of forests and their protection from ~ ·fire ;
when &uch regulation or prohibition appears necessary for any of the following purposes:-
(a) for the conservation of trees and forests ;
(b) for the preservation and improvement of ,oil or the reclamation of saline or water-logged land, the prevention of landslips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel ;
(c) for the improvement of grazing ;
(d) for the maintenance of a water supply in springs, rivers and tanks ;
(e) for the maintenance, increase and distribution of the supply of fodder, leaf manure, timber or fuel ;
(f) for the maintenance of reservoirs or irrigation works and hydro-electric works ;
(g) for protection against storms, winds, rolling stones, floods _and drought ;
(h) for the protection of roads, bridges, railways and other lines of communi- cation ; and ·
(i) for the preserv-ition of the public health.
(2) The1(2 [State] Government] m:i.y, for any such purpose, construct zt its own expense 3[in any forest], such work as it thinks fit..
(3) No notification shaJI be made under sut-section (]) nor shall any work be. begun under sub-section (2), until after the is.sue4[by an officer authorised by the St2te Go\'ernment in that behalf] of a notice to the owner of such forest 5 .. calling on him to show cause within a reasorubk period to be specified in such nctice why suet.· notification should not be made or work constructed as the case m·•y be, and until his objections, if any, and any evidence he may produce in support of the saJile, have been heard by an officer duly appointed in thal beh'1lf and have been considered by the •[2[State] Government].
~[(4) A notice to show cause why a notifi.c-i.tion under sub-section (J) should not be made, may require that for any period not exceeding7[one year] or till the date of the making of a notification, whic!1evcr is e:i.rlicr the. owner of such forest and all persons who are entitled or permitted to do therein any_o r all oft he things specified in clause (i) of sub-section (J), whether by reason of any right, title qr interest or under any licence or contract or otherwise, shall not, after the date of the notice and for the period or until the date afore~aid, as the case may be, do any or all the things specified in clause (i) of sub-section(}), to the extent specified in the notice.
• These words were substituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937. · .
z The word "State" was substituted for the word "Provincial ' by the Adaptation of Laws Order, 1950. ·
3 These words were substituted for the words "in or upon any forest o r waste lands" by Dom. 62 of 1948, s. 3 (2).
4 These words were inserted by Dom. 24 of 1955, s. 4. s The words "of land" were deleted, ibid, s . 3 (3).
6 These sub-sections were added by Dom. 24 of 1955, s. 4.
,'-11)91-3.
18
14 Indian Forest Act [ACT XVI
(5) A notice issued under sub-section (3) ·shall be served on the owner of imch forest in the manner provided in the Code of Civil Procedure, 1908 for the service ~f summons and shall also be published in the manner prescribed by rules. 1 [ (5A) Where a notice issued under sub-section (3) hr-,s been se1 ved on the owner of a forest in aceordance with sub-section (6), any person acquirinF, thereafter the right of ownership of that forest shall be bound by the notice as if it had been served on him as an owner and he shall accordingly comply with the notice, requisition and ·notification, if any, issued under this section.]
(6) Any person contra vening any requisition m 'ide under sub-section (4) in a notice to show cause why 'l notification under sub-section :..I) should not be made
shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine, or with botr,.J
. [ (7) Any person contravening ,·.ny of the provision of a notification issued under sub-section(/) shall, on conviction, be punished with imprisonment for a term which may exte11d to six months, or with fine, or with both.)
• 3 [3o. Power to assume management of forests.-(}) In case of negle1;t of, or wilful-disobedience to, any regul"ltion. or prohibition, under $ect_ion 35, or if the purposes or any work to be constructed under that sec_tion so require, the4[5[State] Government] may, after notice in writing to the owner of such forest 6.,. a nd 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 reLting to reserved 7 [or protected] forests shall apply to such forests 6 ..
(Z) The net profits1 if any, arising from the marugcment of such forest 6 .. shall be paid to the said owner.
• 8 {36A. Manner of serving notice and order under section 36 .-The notice referred to in sub-section (I) of section 36 ':Ind the ord~r, if any, made placing a forest under the cantrol of a Forest Officer shall be served on the owner of such forest in the manner p rovided in the Code of Civil Procedure, 1908 for the service of summons.
·•36B. Period oj control.-(]) Ti1e period of such control of :rny forest shall be for ten years from the date of the order aforesaid; but such period m,1.y thereafter be extended for successive ~riods of not more than ten ye'¾rs each:
Provided that the period of such control shall not in the aggreg'.lte exceed 30 years from the d'lte of the order. · .
(Z) The Forest Officer, under whose control the forest is placed, shall not. later than six months before the expiry ofa ny period, referred to in sub-section (J), make a report regarding such control and shall state therein whether in his opinion, any period of control should be extended.
(3) After considering any such report and sutlject to sub-section (1), the State Government shall decide whether to extend any period of control or whether to terminate it in the manner provided in ·the next ·succeeding section.
·(4) No period of control shall b~ extended unless the owner ha s been given reason- able opportunity of showing cause against such extension.
•36C. Termination of control.-(]) If the State Government decides to terminate
any period of control of any forest, it shall, by order published in the Official Gazette a nd in such other manner as m'.ly be prescribed by rules, so declare; and i · This sub-section was inserted by Mah. 6 of 1961, s. 9 (ii).
2 This ·sub-section was .inserted ibid, s . 9 (iii).
3 See foot-note 3 on page 12.
4 These words were substituted for the words "LocaLGovernmcnt" by the Govern~nt of Inclia (Adaptation of Indian Laws) Order, 1937. · .
5 The word " State" wa · i-bstituted for the word " Provincial'' by the Adaptatio1 of Laws Order, 1950.
6 The words" or il;n ·. were deleted by Bom. 62 of 1948, s . 5 (i).
7 These words w rn 1 nserted, ibid, s. 5 (ii).
8 Sections 36A 3GB and 36C were inserted by Bom .. 24 of J9 55, s, 5.
, See foot-note on page 12.
19
OF 1927J Indian Forest Act 15
thereupon possession of the fcrcst shall be given to the owner, or if the owner be de~d, to any person.entitled Co such possession, together witr an) sum of money which m:\y be stand1.ng to the credit of such owner.
(2) All acts done be done _by the Forest-officer in respect of a,ny
forest placed under his control. during the penod of such control or of any extension t~ercof, ,hall be binding on the.owner of such forest or any person to whom posses- s10n of the forest hns been delivered under this section.]
1 (37. _Expropriation of forest in certain easer.-{/) In any case under this_ Chapter 10 w,uc'l the ap[Sute] Gove1 nrnent] considers th<1t, in lieu of placing the fore~t 4 • • undc~ the control of a Forest officer the same should be acquired for
public purposes the 2[3[StLtc] Government] may proceed to acquire it in the
~n ~ n . w provided by the L.~. .nct Acquisition Act, 1894]. • • • • • .. 1( 38. Protection off orests at request o_/ owners.-{/) The owner of any land or !t there be more than one owner thereof, the owners of shares therein amounting tn the aggrcg. .t c to • t least two-thirds t:iercof m ~Y, with a view to the formation or conserwtion of forests thereon, represents, in writing to the Collector their
dcsire-
(a) tlrn.t suc:1 1,• nd be m".n :>..gcd on their behalf by the Forest officer as reserved or a protected forest on sue~ terms :·.s m"-Y be mutually agreed upon ; or
(b) thd f•ll or a ny of the provi~ions of this Act be applied to such und.
(2) [n either c.1se, the2[3[State] Gvvernmcnt ] may, by notification in the
6[ Ofj"i<:ial Gazette] apply to such Lmd sue·, provisions of this Act as it think suitable to the circum5t.!oces thereof: nd HS m..>y be desired by the appli cants.]
CHAPTER VI
OF THE DUTY 01',f THE TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.--{/ ) The2[Central
Government] Jn."-Y levy 2 duty in such m:i.nne_r, i:t such places and at such rates as it m~Y decl.1re hy notific:•tion i o d0
c 6[ Official Gazette] on a ll timber or other forcst-produce-
(a) which is produced in7[8[the territo1ics to which this Act extends] [and in respect of w. .i ch9[ the 10[ Government] [hr.~ i ny rigi.t ;
(b) w~iich is brought fl om ?.ny pLce outside7[8[ the territories to which this Act extends ] .
• Su foot-noteon page 12.
1 See foot-note 4 on page 12. . a. The words were substituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. The word "State• was substituted for the word "Provincial" by the Adaptanon of Laws
Order, 1950.
•· The words "or land" were deleted by Born. 62 of 1948, s. 5 (i). s. Sub-section (2) was deleted. ibid., s. 5 (ii).
•· These words were subsituted for the words "Local Offi..:ial Gazette•• by the Government of India (Adaptauon of Indian Laws) Order. 1937. . .. . . . ,, .
1. The words -"the Provinc;s' were subs11tuted for the words Brmsh India by the Jndl8ll Independence (Adaptation of Central Acts and Ordinances) Order, 1948 and the words and letters "Part A States and Part C States" were substituted for words "the Provinces" by the Adaptation of Laws Order, 1950, Sch.
s. These words were substituted for the word~ and letters "Part A States and Part C States" by
the Adaptation of Laws (No. 3) Order. 1956. ,. The words "the Crown" were substituted for the words "the Government" by the Government
of llldia (Adaptation of Indian Laws) Order, 1937.
10. The word ..G overnment' was substituted for the word "Crown" by the Adaptation of L1ws Order, 1950.
20
16 India~ Forest A.ci [ACT XVI
••• • • •
(Z) In every c;i.:.e in which such duty is directed to be levied ad valorem, the
2
[Centr..i.l Government] may fix by like notification in the value on witich 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, <1.re levied therein under the authority of the 2[3[ State] Government], shall be deemed to be and to have been duly levied under the provisions of this Act.
4[ (4) Notwithstanding anything in this section, the 3 [ State] Government ·m;iy until provision to the contrary is mil.de by 5[ Parlia ment ] continue to leV) nny duty which it W'lS lawfully levying before the commencement of6[the Constitution] under this section as then in force :
Provided that notJ-fog in this sub-section :-uthorises the levy of any duty which as between timb0r or other forest-produce of the 7( StMe ], ;.,.nd simifar produce of the locality outside the 7[ ~l'lte ], discriminat~s in favour of the former, or which in.the case of timber or other forest-prodµcc of loc.1.lities outside the 7[ State]. dis- criminates between timber or other forest-produce of one loa lity t nd similar timber or other forest-produce of another loc.i.Jity].
40. Limit not to apply to purchase-money or roya/ty.-Nothing in this Chapter shall be deemed to limit the amount, if <1.ny, chargeable ?.s pure1ase-money or royalty on any timber or other forest-produce, ?.lthoug\ the S?.mc is levied on sucl1 timber or produce w!ule in transit, in the same m?.nner, as duty it levied.
CHAPTER VIl
OF THE CONTROL OF TIMBER A ND OTHER
FORFST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit off ores1-produce.--{l) Tl1e control of all .ivers ·:1nd tt•eir b:tnks as rega rds the flo;:i.ting of timber us '\\-ell as the control of all timber a.n<.i other forest-produce in tr<1.nsit b} l nd 01 wJ.ter, is vested in the2(3( St1te] Government], and it may m;- kc rules to regul.te the tramit of all timb~r and other forest-produce.
8 [(/A) Notwithstanding tinything cont.•incd in ?..nyhw for tre t me being in force, the Sta.te Government nmy make rules to regulate by gr?.nt of licences, within the forest limits or such distance therefrom not exceeding eight) kilometres as may b~ determined, the converting or cutting oftimbcr in a saw rnill, a.nd prescribe fees and conditions, subject to which such li cence may be gr2nted, a.nd t1'e mao,er in which, and the authority to wnom, an appe,i l against the order of refusal, suspension or revocation of a licence may be filed ; ]
1 • The proviso was repealed by the Government of India (Adaptation of Indian Law,) Order,
3. The word "State" was substituted for the word '·I'rnvincial" by the Adaptation of Laws Order, 1950.
4. This sub-section was inserted by the Government oflndia (Adaptation oflndian Laws) Order, 1937 ;
s. The word "Parhament" was substituted for the words "Central Legislature" by the Adapta- tion of Laws Order, 1950.
r 6. The words "the Comtitution" were substituted for the \YOrd~ "Part JII of the Government of India Act, 1935" ibid.
7. The word "State•• was substituted for t.he word "Provinces", ibid.
_s. . This sub-section (/A ) WllS inse.rted by Mah. 23 of 1984, s. 2 (a), with effect from 12th day of September 1960. · ·
...
OF 1927] lndian Forest Act 17
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
( a) p rescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or witl1in 1[ the 2[ State ]] ;
(b) prohibit th~ import or export or moving of such timber or other produce
without a pass from zn officer duly authorised to issue the same, or othcrwii5c than in accordance with the conditions of iuch pass ;
(c) provides for the issue, production and return of such passes and for the payment of fee:i therefor ;
{d) provide for the stoppage, reporting, examiontion and marking of timber or other forest-produce in transit, in respect of which there is reason to believe th~.t any money is pay,Lblc to 3[ the "[ Government]] on account of the pri<.e thereof, or on account of duty, for roy.t.lty or charge due thereon or to which
it is desirable for the purposes of this Act to affix "- mark ;
(e) provide for the establishme•1t and reguhtion of depots to which suc'1 timb~r or other produc.! sh.LIi be taken by those in charge of it for cxamin;ition , or for the p_tym~nt of suh 111oney, or in orcbr that such m:irks m=1y be ;•ffixed to it ; _and the condition,; under w;1ic't such timb~r or otl1er produce sh;,.11 be brought to, stored at and removed from such depots ;
(f) prohibit the closing up or obstructing of the ct>anncl or banks of any river used for the tr.~n~it of timb!r or other forest-produce, a nd the throwing of grass, brushood, br~.nches or leaves into any such river or any act wJ1ich may cause such river to b;! closed or obstructed ;
(g) provide for the prevention or remov, I of any obstruction of the ch. noel or b.1nk,; of any such river, r nd for recovering the cost of suer prevention or remov:il from the person w 1ose act:; or negligence neccs,i~ted the same ;
(h) prohibit ab5olutely or subj;;:ct to conditions, within specified loc«I limit!! foe estJ.blishm~nt of s.iw-pits, the converting, cutting, burning, conce,iling on m.1rking of timb~r, the altering or effacing of any m •rk:s on the same, or th~ 1 The words "the Province" were sub,tiluted for the words "British India" by the Government of India (Adapta!lon of Indian Laws) Order, 1937.
2 • The;e words were ~ubstituted for the word, "Local Government" by the Government of India (Adaptation of I::idian Law,) Order. 1937.
3. The words "the crO\Y'1" w:rc ~ulntitutcd for the words "the Oovcrmncnt" by the Oovcrnment of Jndia (Adaptation of I ndian Laws) Order, 1937.
"· The word "Government" was substituted for the word "Crown" by the Adaptation of Laws
Order, 19.50.
•Sectio11 3 of Mah. 23 of 1984 reads as follow3 :-
.. 3. Consequences of r2trospective am:!lldmmt of sectio11 41 of A('f XI., 1 of 1927 .-It i~ he,·eby declared that section 41 of lhc Indian Forest Act, 1927, in its application to the Stale of Maha-
ra,btra (hereinafter in this section referred to as "the principal Act"), having been retrospective!! amended by rhis Act, with Power to the State Government to make rules for the purpQses referred to in section 41 of the principal Act as amended by this Act-
(a) rule SIS under the heading "J, Conversion of Timber wilhin certain distance of Forests'' in Chapter VI of the Bombay Forest Rules, 1942 and the Form in Schedule EE thereto or any other provisions in relation to the grant of such licences conlained in the said rules and the corresponding provisions contained in any other rules applicable in the Marathwada and the Vidarbh.a Regions as amended from time to time, an<.I in force on lheday immediately preceding the date of commencement of thi~ Act shall be deemed to have been validly made and t ffective and continuoully in force as if they have been made under the principal Act, as amended by this A~t ;
(b) all licences granted under the said rules and subsisting on the date of commencement of this Act shall be valid for the p •riod for which they arc granted or renewed ;
(c) anything done or any action taken under the principal Act, as amended by this Act (including the rule~ m3de thereunder), shalt be deemed to be, and shall be deemed always 10 have ~n. validly done and taken, and shall not QC called in question in any Court or before any authority, m~rely on the ground that there wa5 no valid rule making Power vestedi n the State O:>vemm-:nt or that th.! am~ndm'lnts to the mies were not validly made or that the rules or am~ndm'!nts m 1dc th.::reto and the liccnc.::s granted or renewed thereunder as aforesaid did
not fit in the rule m 1king pow.::r of the State Government or on such other ground.". ,
22
18 Indian Forest Act [ ACTXVI possession or carrying of m,irking hammers or other implements usccl for marking
timber ; I• • • • •
(i) regulate _the use of property m.irks for timber, a nd the registration of such
marks ; prescribe the time for which such rcgistr,·t io n shall hold good ; limit
·the number of such m.,. rks that m; y be registered by .~ny ·o ne person, and provide for the levy of fees for such registration.
(3) The2P[State] Government] m,•.y direct th;.t ,1,ny rule mude unde;r this section .shall not apply to .!ny specified class of timber or other forest-produce or to any specified local ue:\.
4
[41A. Powers of Central Go vemment as to movements of timber across customs frontiers.---Notwithstanding anything in section 4 1, the Centri.'.I Govern-
ment may muke rules to prescribe the route by which alone timber or other forest-produce mLy be imported, exported or mov1::d into or from 5[ the territories to w~ich this Act extends ] l\ny across, customs frontier as defined by the Centr:d Government and any rules mi'de under section 41 shall have effect subject to the rules made under this section.]
42. Penalty for breach of r1,,/es made wuler se;tion 41.--{1) T he2( 3
[St;,.te] Government] m,1.y by such rule prescribe 3S pen;-Jties for the contr.•vention thereof imprisonment for a term w:1ich extent to 7[ one year or with fine w:1ieh may extend to two thousand rupees,] or boti1.
(2) Such rules m:>y provide t!1at peo"ltics w:1ich :ire double of those mentioned in sub-section (J) may be infiictcd in c,-~es wiu::rc the off..:nce is committed after sunset a nd before sunrise, or ,,fter prcp.1.rntion for resist;. nee to l,\wfully authoiity or where the offender has been previously convicted of i like offence.
43. 11[ Government] and Forest- officer,s not liable for damage to forest-produce at depot.- The 8( Government] sbrll not be responsible for ~ny loss or da mage wtlic'1 1n1.y occur in respect of any timber or other forest-produce while at 'l depot established under .! rule m" de und<:r section 41 or w]1ile det;:incd elsewhere for the purposes of this Act ; a nd no Forest-officer shall be responsible for a ny such loss or d,1.m:•ge, unless he causes such loss or dam?ge negligently, m,.<1.liciously or fraudulently.
44. All persons bozmd to aid in case of accidents at depot.-In case o f any accident or emergency involving dDnger to a ny property ~t a ny su6 depot, every per:son employed :>.t such depot, w:1ether by tl,c 8[ Government ] or by any private person, sh:• 11. render assistance to ;.>.ny Forest-officer or Police-officer demt,nding his aid in :\verting such d?ngcr or securing such property f10m cfum;>.ge or loss.
CHAPTER VDI
OF TilE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title
thtrtto proved, and may be collected accordingly.--{I) All t imber found a drift, beached, !.tr2nded or sunk; .
a ll wood or tim~ bearing marks w~tich have not been registered in accor-
da11ce with the rules made under section 41, or on which the m~1rks have been o~liter:.>tcd, a]tercd or defaced by fire or otherwise ; and
•. Clause (hh) was deleted by Mah. 23 of I 984, s. 2 (b), with eJTc..:r from 10th February 1965. 2 • These words were substituted for the words "Local Government" by the Oovernmenrof India (Adaptation of I ndian Laws) Order, 1937.
3. The word "State" wis substituted for the word "Provincial" by the Adaptation of Laws Order, 19~0.
4. Toi, section was in,erted by 1hc Govcrnm~ntofindia(Adaptationoflndian Laws) Order, 1937. ,. These words were sub.,11tutcd for the words and letters " Part A States and Part C States" by the Adaptation of Laws (No. 3) Order, J 956.
6. The word "State" wa5 substi1uted for the word "Provinc1ar• by ibid.
7. These words were substitutea for the words "six months or fine which may extend to five hundred rupees", by Mah. 7 of 1985 s. 6
B. The word "Government" was substituted for the word "Crown" by the Adapta1ion o f Laws Order, 1950.
OF 1927] Indian Forest Act 19
in such areas as the 1[ 2[State] Government] directs, all unmarked wood aod
timber; shall b.! dc~m!d to b::: t:-i~ pro;:>.!1ty or Gov~rnment, unless and until any person cstablisli1es his right and title thereto, 2s provided in this Chapter.
(2) Such timb::r may b~ collected by any Forest-officer or other person entitled to collect the same by virtue of any rule nude under section 51, and may be brought to any depot wJt.ich the Forest-officer may modify as a depot for the reception of drift timber.
· (3) Ti1e 1[ 2[Statc] Government] m1y, by notification.in tl-:c3[O./ficial Gazette] exempt any class of timber from the provisions of the section.
46. Notice to claimants of drift timber.-Public notice shall from time to time be given by the Forest-officer of timber collected under section 45. Such notice shall contain a descripion of the timb::r, and shall require any person ciai.caing
the same to present to such officer, within a {}.!riod not less than two months from the date of such notice, a written statement of such claim.
41. Procedure on claim preferred to such timber.-:--()) When any such state- ment is presented as aforesaid, t:1e Forcst-offic.er may, dter making such · inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timb~r iti claimed by more than one person the Forest-officer may either deliver the same to .any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil-Courts and retain the timbir pending
the receipt of an order from 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 the4[ G~vernmcnt] or agiinst any Forest-officer, on account of such rejection, or the detention or removal of any timb::r, or the delivery thereof to any other person under this section.
(4) No such timber sh.all be subject to process of any Civil, Criminal or Revenue Court until it has been delivered or a suit h,L<; b~en brought as provided in this section.
48. Disposal of unclaimed timber.-If no 1.uch statement is presented as afore- said or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under ~ection 46, or on such claim having been
so preferred by him and ~aving been rejected om.its to institute a suit to recover possession of such timber within the further period fixed by section 47, the owner- ship of such timber sh;11L vest in the Government, or, when such timber has been delivered to another person under section 47, in such other pqrson free from all encumbrances not created by him.
49. 4[ Government] muJ its officers not liable for damage to such timher.-Tae 4 [ Government ] shall not be re~ponsible for any loss or damage which may ocaur in respect of any tim~ collected under section 45, and no Forest-officer ahall
be responsible for any such loss or damage, unless he causes such loss or dama&•
negligently, maliciously or fraudulently.
1 The words "Provincial Oovernmcnt" were substitutad for the words "LocaJ Oovernmetlt''
by the Oovernm.:nt of India (Adaptation of Indian Laws) Order, 1937. 2 • The word "State'' was sub5tituted for tht: word "Provincial" by the Adaptatioa of LaW&
Order, 1950.
24
20 Indian Forest A.ct [ ACT XVI
50. I'ayments to he mack by, claimant before timier is delivered to Fzim.-)fo person shall be entitled to recover possession of any timber collected or delivered as ·aforesaid until he has paid to the Forest-offic~r or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 51.
51. Power to make rules and prescribe penalties.---{/) The1[ 2[State] Govern- ment ] may make rules to regulate the following matters, namely :-
(a) the salving, collectio11. and disposal of all ttimber mentioned in section 45 ; · (b) the use and registration of boats used in salving and collecting timber ;
(c) the amount to be pa.id for 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 timbu.
(2) 'J'he1[ 2[ State] Government] may prescribe, as penalties, for the contraven- tion 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.
CHAPTERIX
PENALTIES AND PROCEDURE
52. Seizure ofproperty liable to 3[confiscation andforfeitttre].--{)) When there is reason to believe that a forest-offence has been committed in respec..t of any forest- produce, such· produce together with a ll tools, boats4[ vehicles] or cattle used in committing any such offence may be seized by any Forest-officer or. Police-officer. 5 [(1A) Any Forest-officer or Police officer may, if he has reason to believe that a vehicle has bee• or is being used for the transport of forest-produce in respect of which there is reason to believe '.l. forest offence has been or is being committed require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession cf such driver or other person in charge of the vehicle.].
(2) Every officer seizing any property under t4is section sfo1ll place on such property,6[ or the reeeipLale or vehicle (if any) in which it is contained,] a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such ieizure to the Magi11tmte having jurisdiction to try the offence on aceount of w!1ich the seizure has been made ;
Provided that, whea the forest-produce \'\
7[Provided further that, where the offence on account of which the seizure has been made is in respect of timber, sandalwood, firewood, charcoal or such other forest-produce as may be notified by the State Government from time to time (here- io-ifter referred to as the "n.otified forest produce") and wihich ii; t.he property of the State Government, such officer shall JTu'l.ke a report of such seizure also to the concerned authorised officer under section 61A.
1 . The. words "Provincial Government" were substituted for the words "Local Government'' by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. The word "State" was substituted for the word" Provincial" by the Adaptarioa of Laws Order, 1950.
3. These words won, substituted for the word "Confiscation" by Mah. 7 of 1985, s. 7 (c).
4- This word was substituted for the word "Carts" by Born. 25 of 1953, s. 2. s. This Sub-section was inserted, by Mah. 7 of 1985, s. 7 (a).
•· TheSe words were insert1::d, ibid, s: (7) (b) (i). . 7• This proviso and explanation were added, ibid, s. 1 (b) (ii).
25
OF 1927] Indian Forut Act Explanation.-For the purposes of thls Chapter, the expressions "property of Government" and "property of the State Government" include the property belonging to the Forest Development Corporation of Ml:!harashtra, Limited. ].
53. Power to release property seiZed under setcion 52.-Any Forest-officer of a rank not inferior to that of a Ranger who, or w;1ose subordinate, h:1.s seized any tools, boats,1[vehicles] or cattle2
[under section 52 may subject to section 61G, release] the same on the execution by the owner thereof of a bond for the production of the property so released, if and. when so required, before the M.lgistrate having jurisdiction. to try offence on account of whlch the seizure bas been made.
3[54. Upon the receipt of any report under sub-section (2) of section 52, the Procedure Magistrate shall, with.all convenient despatch, take such measures as may be nece- on receipt ssary for the arrest and trial of the offender and, 1;nbject to sections 58 and 61G ~ ·strat for the disposal of the ·property according to law.] 0 :!;ort e
. . o seizure.
55. Forest-produce, tools, etc. when liable to 4[forfeiture] .-{I) All timber of forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, <-.' nd all tools, boats,1[vehicles] and cattle used in committing any forest-offence5[sh.-:.ll, subject to section 61G, be li!1ble by order of the convicting Court to forfeiture.] ·
(2) Such6[forfeiture] may be in addition to any other punishment prescribed for such offence. •
56. Disposal, on conclusion of trial for forest-offence, of produce in respect of whi<;h it was committed.-When the tri
forest-produce in respect of which such offence has been committed shall, if it is the property of Government or has been7[forfeited] be taken charge ofby a Forest. . officer and 8[in any other c:2.se may, subject to section 61G, be disposed of] in such manner as the Court may 3irect.
51. Procedure when offender not known or cannot be found.-When the offender is not known or cannot be found,9[the M':'!.gistrate may, if he finds that an offence has been committed, but subject to section 61G, order the property in respect of which the offence has been committed, to be forfeited together with tools, boats, vehicles or e:ittle and other articles used in committing the offence,] and taken charge of by the Forest-officer, or to be made o\
Provided truit no such order shall be made until the expiration of the 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 be may p roduce in ' support of his claim. 1°[58. The Forest-officer who made the seizure under section 52 may, not- Procedure withstanding anythlng contained in this Act or any other law, sell any property as t?
seized under section52 and subject to speedy and iutural decay, and may deal with perish::;e the proceeds as be would have dealt with such property if it had not been sold and ~= shall report about every such sale to his official superior.] under
section 52.
1. This word was ·substituted for the word "carts" by the Born. 25 of 1953, s. 2.
2. These words, figures and letter were substituted for the words and figures "Under section 52, may release", by Mah. 7 of 1985, s. 8.
3. This section was substituted, ibid. s. 9.
4. This word was substituted for the word' 'confiscation", ibid, s. 10 (c).
5. These words, :figures and letter were substituted for the words, "shall be liable to confisca&ion." , ibid s. JO (a). ·
6. This word was substituted for the word "confiscation", ibid, s. 10 (b).
7. This word was substituted for the word "confiscated", ibid, s. 11 (a).
8. These words, figures and letter were substituted for the words "in any other case, may be disposed of'', ibid, s. l 1 (b).
• 9. These words were substituted for the portion be~nning with the words "the Magistrate may"
and ending with the words "to be confiscated", ibid, s, 12.
10, This section was substiti.ited, ibid, s. 13. .
A-1091-4.
26
Indian Forest Act (ACT XVI
59. Appeal from orders under section 55, section 56 or section 57.-Tbe officer
who ma
60. Property when to vest in Government.-When an order for the t[forfeiture] of any property has been p.:i.ssed 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, zs the case may be, shall vest in the Government free from all encumbrances.
61. Saving of power to release property seized.-Nothing hereinbefore con- ained shall be deemed to prevent any officer empowered in this behalf by the [2( State] 3[ Government] from directing f.t any time the immediate release of any property 4[ seized under section 52 which is not the property of Government and the withdrawal of any ch'.'.rge niade in respect of such property.] .
5 [61A. (/) Notwithstanding anything contained in the foregoing provision of ConfiScation this Chapter or any otl::.er law, where a forest-offencejs believed to have been byForest- com.mitted in respect oft imber, sandalwood, firewood, charcoal or any other notified ,?ffi~;! of forest-produce whch is the property of the State Government, the officer seizing p~~~uce the propety under sub-section (J) of section 52 shall without any unreasonable where forest delay produce it, together with all tools, boat, vehicles and cattle used in committing otre:ncc i11 such offence, before an officer authorised by the St.;te Government in this behalf l:liev:!:i° by notification in the Official Gazette, not being an officer below the rank of an co:'irutted. Assistant Conserv.1tor of Forests (herein:ifter referred to as "the authorised officer ").
(2) The State Government may authorise one or more officers for any local area under sub-section (/).
(3) Where an authorised officer seizes under sub-section (/) of section 52 any timber, sandalwood, fi:ewood, ch?.Tco-al or any other notified forest-produce which is the property of the St::te Government or any such property is produced before
an authorised officer under sub-section (/) and he is satisfied that a forest-offence has been committed in respect of such property, such a\Jthorised officer m;:.y, whether
or not a prosecution is instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, bo~ts, vehicles and I cattle used incommitting such offence.
(4) (a) Where the authorised officer, after passing an ofder of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do,
he may order the confocated property or any part thereof and the tools, boats, vehicles and cattle to be sold by public auction.
(b) Where any confisc..,ted property or the tools, bo:its, v·ehicles and cattle are sold, as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incident,,J expenses relating thereto shall, where the order of confiscation made under th.is section is set aside or annulled by _2.n order under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.
1. This word was substituted for the word "confiscation", by Mah. 7 of 1985, s. 14.
2. The words "Provincial Government'' were substituted for the words "Local Government"
by Government of India (Adaptation of Indian Laws) Order, 1937.
3. The word "State " was subs,ituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
-4. These words were substituted for the words and figures ".ieized under section 52" by Mah. 'f
of 1985, s. 15. . • ~- These sections were inserted, by Mah, 7 of 1985, ,. Hi,
27
OF 1927] Indian Forest A.ct.
61B. (/) No order confiscating any timber, sandalwood, firewood, charcoal or Issue of any other notified forest-produce, tools, boits, vei'iicles or attle shall be Jll?.de she;~ cause
under secµoll: 61A ~xccp! ,.f~er no~ice in writing to the person from w.hom it is seized :r~':: con• and cons1denng his objections, if any : fiscation
under
Provided that no order confiscating a motor vehicle shall be made except after section61A.
giving notice in writing to the registered owner therecf, if in ·the opinion of the authorised officer it is practicable to do so, and considering his objections, if any.
(2) Without pr~judice to the provisions of sub-section (/), no order .confiscating any tool, bor.t, vehicle or cattle shall be made under section 61A if the owner of the tool, bo<'t, vehicle or cattle proves to the satisfaction of tJ•e authorised officer that it w.1s used in carrying the timb~r. sandalwood, firewood, ch1rcoal or any other notified forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or ct.ttle and that each of them ~d taken all reason.1ble and necessary precautions age.inst su~h m~ .
61C. Any Forest-officer not below the rank of Conservator of Forests specially: Revision. empowered by the State Government in this behalf by notifice.tion in the Official
Provided that no such record shall be called for after the expiry of 30 days · from the date of such order, and no order under this section sh?.U be passed if, in the meanwhile, an appe.;l has been filed under section 61D against the. order of the authorised officer :
Provided further that no order prejudicial to a person shall be passed under this section without giving him an opportuni~y of being heard.
61D. (/) Any person aggrieved by any order passed under section 61A or Appeal. section 61C may, wit1'jn thirty days from the date of communic.,tion to him of such order, appeal to the Sessions Judge having jurisdiction over the area in \\
(2) An order of the Sessions Judge under sub-section (/) shall be final and shall not be questioned in any court.
61E. The award of any confisc:ition under section 61 A or section 61 C or section Award of
28
Indian Fore1t .A.ct [ACT XVI
61G. Whenever any timber, sandalwood, firewood, charcoal or. any other ;ell! o! .
notified forest-produoe whlch is the property of the State Government, together J_uri~on with any tool, boat, vehicle or cattle used in committing any offence is seized under :SC~ n
sub-section(/) of section 52, the authorised officer under section 61A or the officer · specially empowered under section 61C or the Sessions Judge hearing an appeal under section 61D shall have, aJ].d notwithstanding anything to the contrary con-
n or tained in this Act or in the Code of Crimin:i.l Procedure, 1973, or in any other law 1974. for the time b~ing in force, any other officer, court, tribun:il or authority shall not have, jurisdiction to make orders with reg. .. rd to the custody, possession, delivery, disposal or distribution of such property and any tool, boat, vehicle or c.1.ttle.].
62. Punishment/or wrongful seizure.-•[(/) Any Forest officer or Police officer who ve:utiously and unnecess.1rily seize any property on pretence·of seizing property liable to 2(confiscation and forfeiture] under this Act, shall oo punishable with imprisonment for a term w;rich may extend to six months, or with fine w:tich m.1y extend to five hundered rupees or with both.]
'[ (2) Any fine so imposed, or any portion thereof, shall, if the convicting court so directs, be given as compensation to the person aggrieved by such seizure].
63. Penalty for counterfeiting or defacing marks on trees and timber and for alter- ing Boundary marks.-Whoever, with intent to e,<>.use d.1.mage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Pen:11 Code (XLV of 1860)-
(a) knowingly counterfeit upon any timber or standing tree a m.1.rk used by Forest-officers to indicate that such timber or tree is the property of the Govern- ment or of 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 i:my bounctiry mark of any forest or w.:ste-bnd to wluch the provisions of this Act are applied ; shall pe punishable with imprisonment for a term w;uc!i may extend to two years, or with fine, or with both.
64. Power to arrest without warrant.--(!) 4[Any F.>rest officer, Police officer or
Revenue officer] may, without orders from a M1gisttate and without a w.1rrant. arrest any person ag.iinst w:iom a reJ.son.ible suspicion exists of his 112.ving been
concerned in any forest-offence punishable with imprisonment for one month or upwards .
. (Z) Every officer making an arrest under this section shall, without unnecessary delay and subj~ct to the provisions of this Act as to rekase on bond, take or send the person a rrested 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 a rrest for any act
which is an offence under Chapter IV unless such act hr.s been prohibited under clause (c) of section 30. ·
1. This section was renumbered, as sub-section (I) by Mah. 7 of 198$, s. 17.
2. These words were substituted for the word ..c onfiscatlon", ibid, s. 17 (a).
3. This sub-section (2) was added. ibid, s. 17 (b).
4. These M>rds were 11111mitq~ for Ow WQrds ..a ny forest Offlcer or Police Officer" by Mah. 6 0f1961, S, 10. .
29
OF 1927] Indian Forest Act 25
65. Power to release on a bond a person arrested.-Any Forest Officer of a rank not inferior to that of1[a R·inger, any Police Offber of a rank not inferior to that of Sub-Inspector or any Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar] who, or whose subordim.te, hn.s arrested any person under the provisions of section 64,2(may, subject to and without prejudice to the provisions ofsection 65A, release such person] on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case or before the officer- in-charge of the nearest police station.
30
26 Indian Forest Act" [~CT XVI sections 262 to 265 (both inclnsive) of the said Code sh,,ll as far as may be, apply to such trial; bat, notwithstanding anything contained in the s:tid Code, in the case of conviction for any offon•;e in a summ1ry trial under this section, it shall be lawful for the Magistrate to pass sentence of imprisonment for any term for which such offence is punishable under this Act].
1 [68. Power to compound offences.-(!) Subject to the provisions of sub-section (3), the State Government may, by notification in the Official Gazette, empower a Forest Officer,-
(a ) to accept from any person about whom re.'\sonable suspicion exists that be has committed any forest offence, other than an offence specified in section 62 or section 63, payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money, by w-1.y of compensation for the offence whlch such person is suspected to have committed, and
(b) when any property has been seized as liable to confiscation, to release the same on the payment of, or at his discretion, on 'iCCeptance of an undertaking i:n writing to pay, the value thereof as named by such _officer.
(2) On the p:i.yment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such n:i med value, or both, as the case nuy 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, other than _those under section 82 where necess:.ry, shall be taken against such person or property.
(3) A Forest Officer shall not be empowered under this section unless be is a Forest Officer of a rank not inferior to that of1 Ranger and is in receipt of a monthly salary amounting to at least one bundered rupees, and the sum of money accepted or agreed to b:: ?.ccepted ;,:s compensation under clause (a) of sub-section (J) shall in no case exceed the sum of five hundred rupees.]
69. Presumption that forest-produce belongs to Govefnment.-When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to w"iether any forest produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contr:try is proved.
CHAPI'ERX
CAT ILE-TRESPASS
70. Cattle~trespass Act, 1871, to apply.-C.i\ttle 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 c;,.ttle doing dam1.ge to a publicpl_antation within the meaning of section 11 of the Cattle-trespass Act, 1871, and may be seized and impounded as I of J87J. suc-h by any Forest Officer or Police Officer.
' 71. Power to alter fines fixed under that Act.-The 2[3[Sta~c] Government] may, by notification in the 4[ Official Gazette], dfrect that in lieu of the fines fixed under section 12 of the C1ttle-trespass Act, 1871, there s~all be levied for each head of I of is11
1. This sectio t was substituted for th,~ origrnal section 6 t by Mah. 6 of 1971, s. 13.
31
OF 1927] Indian Forest Act 27 cattle impounding under section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to s:Jy :-
For each eleph.1.nt : ... ten rupees.
For each buffalo or camel .. two rupees.
For each horse, mare, gelding, pony, colt, filly, mule, bull, one rupee. bullock, cow or heifer.
For each, calf, ass, pig, ram, ewe, sheep, lamb, goat or kid 1[ fifty naye paise.]
CHAPTER.XI
OF FOREST OFFICERS
72. 2[3~State] Government] may invest Forest Officers wit/, certain powers.- (/) Tile2[ [State] Government] muy invest ,.ny Forest Officer witJ1 di or any of the following powers that is to say- ·
(a) power to enter upon :.:.ny l.•.nd and to survey, dem:irc.ite and make a m.->..p of the same ;
(b) the power of a Civil Court to compel the attendance of witnesses and the production of documents ~-nd material objects ;
(c) power to issue a sc.~rch-w.lrrant under the4[Code of Criminal Procedure, 1973] ; and
(d) power to J1old an inquiry into forest offences, and in the course of such inquiry, to receive and record evidence.
(2) Any evidence recorded under cl.iusc (d) of sub-section (]) shall be rdmissible in any subsequent trial before a Mgistrr.te, provid(;d th,,t it lias bct-n t.,ken in the presence of accused rerson.
13. Forest Officers deemed public servants.-All Forest Officers sh.·Jl be deemed to be public servants within the meaning of the Indiz.n Pew.I Code.
14. Indemnity for acts done in good faith.-No suit shall lie ng; inst :., ny public servant for anything done by him 1n good faith under this Act.
15. Forest Officers not to trade.-Except with the permission in writing of the 2 [3[State] Government], no Fuest Officer slmll, as principd or F.gent, trade in timber or other forest-produce; or be or become interested in •.ny lease of any forest or in any contract for working any forest, wlietJ-.cr in or outside5[the tenitorics to which this Act extebds.] .
CHAPTERXJl . SUBSIDIARY RUlES
16. Additional powers to make rllles.-T hc 2[3[Statc] Government] m;.y m?-ke rules-
(a) to prescribe and 1imit the powers ::-..nd duties of any Forest Officer under this Act ;
J. These words were substituted for the words "eight annas" by Mab.6 of 1961. £. 14.
3. The word "State· was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. These words and figures were substituted for the words and figures "the Code of Crimiru:1 Procedure, 1973, by Mab. 7 of 1985, s. 2J.
5. These words were substituted for the words and letters'" Part A States and Part C States"
by the Adaptation of Laws (No. 3) Order, 1956.
32
28 Indian Forest Act [ACT XVI
(b) to regulate the rewards to be paid to officers and informers o ut of the proceedings of fines and confiscation under this Act ;
(c) for the preservation, reproduction and disposal of trees and timber beloeg-
ing to Government, but grown on lands belonging to or in the o~cupation of private persons, and
(d) gener.i.lly, to carry out the provisions of this Act.
71. Penalties for breach of rules.-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 one month, or fine which JTu'l.Y extend to five hundred rupees, or both.
78. Rules when to have force of law.-1.[1] All rules made by the 2(3[State] Government] under this Act shall be published in the4[ Official Gazette] if hall thereupon, so far as they are consistedlt with this Act, · have effect as and enacted therein. ,.
5[ (2) All rules made by the State Government under this Act shall be laid for not less than tHrty days before each House of the St.:.te Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or . the session immediately following and publish in the Official Gazette].
CHAPTER X1II
MISCELLANEOUS
19. Persons bound to assist Forest Officers and Police Officers.-(!) Every person who exerci~es any right in a reserved or protected forest, or who ii. per- mitted to take any forest produce from, or to cut and remove timber or to pa&turc
cattle in such forest, and every person who is employed by any such person in such forest, and eve1y person in any village contiguous to such foreit who ~ employed by the 6[Government] or who receives emoluments from the 6[Government] for services to be performed to the comrni;nity, shall be bound to furnish without -unneccssa1y del&y to the nec:rest Forest Officer or Police Officer a ny information he may possess respecting the commisE-ion of, or intention to commit, any forest offence, and shall forthwith take ,teps whether so reqvired by any Forest Officer or Police Officer or not,-
(a) to extinguish any forest fire_i n such forest of which b.e has knowledge or information ;
(b) to prevent by any lawful means in his power any fire in the vjcinity 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· l
(d) wl,en there is reason to believe that ·any such offence has been committed in such forest, in discove1ing and arresting the offender.
I. Section 78 was r~numbered as iu~ection (I) of that iection by Mah. 6 of 1961, ,. U.
2. The words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. The word "State'' was substituted for the word "Provincial' by the Adaptation of Laws
Order, 1950.
5. Sub-section (2) was inserted by Mah. 6 of 1961, s. 15.
6. The worct "Government" was substituted for the word "Crown" by the Adaptatior of Laws Order, 1950.
33
OF 1927] Indian Forest Act 29
(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 (J) ; ·
(b) to take steps as required by sub-section (/) to extinguish any forest fire in a reserved or protected forest ;
(c) to prevent, as required by sub-section(/) 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 sm;h offence has been committed in such forest, in discovering and arresting the offender ;
shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
80. Management of forests, the joint property of Go-vernment and other persons.-{]) 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, the1[2[State] Government] may either-
(a) undertake the management of such forest, waste-land or produce according 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 manage- ment thereof and the interests of all parties therein.
(2) Whenthe1[2 [State] .Government] undertakesunderclause(a) of sub-section (/) the management of any forest, w-.i.ste-land or produce, it may, by notification in the3[0.fficial Oa:rette], declare that any of the provisions contained in Chapters Il and IV shall apply to in1ch forest, waste-land or produce, and thereupon such provisions shall apply accordingly.
4 [80A. Power of Government to apply pro-vision, of this A.ct to certain lamb of Go,ernment or local authority.-The State Government may, by notification in the Official Gazette, declare that any of the provisions of this Act shall apply to all or any lands 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 proviosions shall apply to such Jands accordingly. ]
81, Failure to perform senice for which a share in produce of Oo1,rnment forut ii enjoyed.-IT 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 proprietary 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 Jiable to confiscation in the event of the fact being established to Ute satisfaction of the1[2 [State] Government] that such service ia no longer so performed:
Provided that no such share shall 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 thu behalf by the 1 [2[ State] Government] .
by the Government of J:ndia (Adaptation or Indian Laws) Order, 1937.
2. The word •-state" was substituted for the word •'Provincial", by the Adaptation of Laws Order, 1950.
3. These words were substituted for the words ••Loca] Official Ouette" by the Government of India· (Adaptation of Indian Laws) Order, 1937.
4. Tins section was inserted by Dom. 24 of 1955, s. 6.
34
30 Indian Forest Act [ACT XVI
82. Recovery of money_d ue to Government.- AIJ money payable to the Govern- ment under this Act. or under rule made under thls Act, or on account of the price of any forest-produce or of expenses incurred in the execution of this Act in respect of such produce 1[ or on account of compensation or value of property agreed to be paid under section 68] may, if not paid when due, be recovered under the law for the time being in force_a s if it were an arrear of land revenue.
83. Lien on forest-produce for such money.-(/) When any such money is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest-Officer until such amount bas been. paid.
(Z) 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 2[ Goverment ].
84. Land required under this Act to be deemed to be needed for a public f.ur_p_ose under the Land Acquisition Act, 1894.-Whe'Dl!ver it appears to the [ 4 J [State] Government] that any land is required for any of the purposes of thls 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. I of 1894.
85. Recovery of penalties due under bond.--5[(1)] 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 servan~s ancl 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 conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act, 1872, IX of 1872
be recovered from him in case of such breach as if it were an arrear of land
revenue.
6 [ (2) If any question arises-
(a) whether there has been a breach of any of the conditions of such bond or instrument,
(b) as to the sum to be paid for such breach,
(c) as to the person or persons liable to pay such sum, the question shall be referred to and, after giving notice to the person concerned and after considering his objections (if any), be decided by an officer, not below the rank of a 7[ Sub-Divisional Forest Officer], authorised by the State Government
1. These words and figures were inserted by Mah. 6 of 1961, s. 16.
2. The word ..G overnment" was substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950.
3. The words "Provincial Government" were substituted for the words "Local Government"
by the Government ot" India (Adaptation of Indian Laws) Order, 1937.
4. The word "State" was substituted for the word "Provincial • by the Adaptation of Laws Order, 1950.
S. Section 85 was re-numbered as sub-section (I) of that section by Bom. 10 of l956, s. 2.
6. This sub-section was added, ibid.
7. The words "Sub-Divisional Forest Officer" were substituted for the words "Divisional Forest Officer" by Born. 26 of 1957, s. 2.
35
OF 1927] Indian Forest Act 31 in this behalf. The person aggrieved by the decision of sucl.t officer may, within a period of sixty days from the date of such decision, appeal to the State Govern- ment or such other appell:itc authority .as the State Government may appoint in
this behalf. The decision of such officer, subject to a n appeal to the appellate authority, and the decision of the appellate authority on such appeal, shall be fina,I. ]. ' [ 85A. 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 a ny 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 t he Government concerned].
86. [ Repeals ]-Repealed by Act II of 1948, s. 2.
THE SCHEDULE
[ Repealed by Act II of 1948, s. 2 ].
I. This section was substituted by the Adaptation of Laws Order, 1950.
36
Maharashtra Government Publications can be obtained from-
• THE DIRECTOR , GoVBRNMBNT PRINTING, STATIONBllY AND PUBLICATIONS (Pub1icatiom Branch), Netaji Subh:ish Road,
BOMBAY 400 004.
Phone : 8118693/8695/ 1148/4049
• THE SUPERVJSOR GoVBRNMBNT BooE DEPOT (for OentraJ and State Government Publications) (Sale on counter only)
. Yusuf Buildir.g, Seccnd Floor, Room No. 21 Veer Nariman Road ·(nc-2.r Hutatma Ohowk)
BOMBAY 400 001
Phone : 2049594
• THE SUPERVISOR GoVBRNMBNT BOOie DEPOT,· Susi Sorabji Marg · · Government Photo Zinco Printing Press Compound,
PUNB 411001
Phone : 665808/668859
• THE MANAGER GoVIIRNMBNT PJtm AND Booic DEPOT Civil Line'l
NAGPUR 440 001 •
Phone : 522615
• THE SUPERVISOR ' GoVBRNMBNT BooJC l>BPoT Sbaha Ganj (near Gandhi Chowk)
AURANGABAD 431 001
Phone: S525
AND THE RECOGNISED BOOK-SELLERS
37
1
A S PASSED BY LOK SABHA
ON 20.12.2017
Bill No. 208-C of 2017
THE INDIAN FOREST (AMENDMENT) BILL, 2017
A
BILL
further to amend the Indian Forest Act, 1927. BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—
1. (1) This Act may be called the Indian Forest (Amendment) Act, 2017. Short title and commencement.
(2) It shall be deemed to have come into force on the 23rd day of November, 2017. 5 2. In the Indian Forest Act, 1927, in section 2, in clause (7), the word "bamboos" shall Amendment of be omitted.
section 2 of Act 16 of 1927.
2
Repeal and
3. (1) The Indian Forest (Amendment) Ordinance, 2017 is hereby repealed.
LOK SABHA
————
A
BILL
further to amend the Indian Forest Act, 1927. ————
(As passed by Lok Sabha)
GMGIPMRND—3047LS—20-12-2017.
40