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UTTAR PRADESH PRIVATE FORESTS ACT, 1948

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S.1 Short title, extent and commencement

       (1) This Act may be called the United Provinces Private Forests Act, 1948.
       (2) It extends to the whole of Uttar Pradesh.
       (3) This section shall come into force at once and the remaining provisions of this Act, in whole or in part, shall come into force in such areas and on such dates as the State Government may, by notification specify and for this purpose different dates may be specified for different provisions of this Act and for different areas.


S.2 Act not to apply to certain lands

       This Act shall not apply--
       (a) to any land which is vested in the Government; or
       (b) to any land in respect of which notifications and orders issued under the Indian Forests Act, 1927, are in force; or
       (c) to any land where the Kumaun Forest Panchayat Rules apply.


S.3 Definitions

       In this Act, unless there is anything repugnant in the subject or context,--
       (1) Cattle" includes cows, bulls, bullocks, elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillis, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
       (2) "Collector" includes any officer empowered by the State Government to discharge the duties of the Collector under this Act;
       (3) "Forest" means any land which the State Government may, by notification declare to be a forest for the purposes of this Act;
       (4) "Forest offence" means an offence punishable under this Act or under any rule made thereunder;
       (5) "Forest Officer" means any person whom the State Government may appoint to carry out all or a

S.4 Power to prohibit the cutting of trees

The State Government may, by notification and subject to such conditions as may be prescribed by the Forest Officer concerned, prohibit the cutting of any tress in such area or forest as may be specified.


S.5 Rights in notified area or forest to be exercisable in accordance with this Act

In the area or forest notified under Section 4 of this Act the rights of the landlord and, notwithstanding anything contained in any record-of-rights prepared under any law for the time being in force, the rights of any person to cut, collect or remove trees, timber or other forest produce in or from, or to pasture cattle in any area or forest shall not be exercised in contravention of the provisions made in or under this Act.


S.6 Restrictions on rights to cut, collect, or remove timber, etc. for domestic or agricultural needs

A person who has the right to cut, collect or remove trees, fuel, or timber from any notified area or notified forest shall not cut, collect or remove such trees, fuel or timber for his domestic or agricultural needs except under a felling permit granted by the Forest Officer.


S.7 Restrictions on right to re-claim forest for purposes of cultivation

A person who has the right to reclaim any land in a notified area or forest for the purpose of cultivation and the landlord of such a notified area or forest shall not reclaim any land therein for purpose of cultivation except in accordance with such conditions as may be prescribed by the Forest Officer.


S.8 Height of which trees and age of bamboo culms that may be cut

No person with a felling permit shall in a notified area of forest cut down any trees at a height of more than six inches from the ground or any bamboo clum less than one year old.


S.9 Certain persons not to sell or transfer timber cut in any forest

No person, not being a landlord, a person acting under the authority of the landlord or an officer acting under the provisions of this Act or rules made thereunder shall sell or otherwise transfer any timber obtained by him in the exercise of a right to cut timber in any notified area or forest.


S.10 Restrictions on rights of landlord, or persons claiming through landlord to cut and remove timber or forest produce

A landlord, or a lessee or other person claiming through the landlord, shall not cut or remove, or permit any person to cut or remove, any trees, timber or forest produce in or from any notified area or forest to such an extent as to deprive the right-holders of such quantity as the rules permit them to take in the exercise of their rights in the said notified area or forest.


S.11 Restrictions on right to graze cattle

No person shall in the exercise of any customary or other right, pasture or cause to be pastured in any notified area or forest any cattle of which he is not the owner.


S.12 Grant of permits to fell trees

A Forest Officer may on application of the landlord grant a felling licence for the felling of trees for such purpose and with such conditions as he may deem proper and thereupon it shall be lawful for the landlord to carry out felling in accordance with the terms of the felling licence.


S.13 Management of forests by owner under an approved working plan

       (1) The Forest Officer may direct any owner of a notified forest to prepare within a specified period a working plan in the prescribed manner for management of the forest.
       (2) The owner of such notified forest may either himself prepare the working plan or request the Forest Officer to prepare a working plan on his behalf.
       (3) The Forest Officer may, after considering each working plan submitted to him, by an order in writing, accept or modify such working plan in such manner as he may consider necessary or substitute another working plan for it.
       (4) If any owner of such notified forest does not submit a working plan within the period specified under sub-section (1) or does not request the Forest Officer to prepare one on his behalf within the period specified in sub-section (2), the Forest Of

S.14 Management of the forest

The forest for which an approved working plan exists will be managed by the owner himself according to the prescriptions made in such working plan, with the assistance of such trained staff as may be prescribed in the working plan and under the superintendence of the Forest Officer. No deviation from the prescriptions of the working plan will be permitted without the previous sanction of the Forest Officer.


S.15 Offences under this Chapter and trial of such offences and penalties thereof

       (1) Any person who contravenes any of the provisions of this Chapter deviates from the prescriptions of a sanctioned working plan without the previous sanction of the Forest Officer shall be punishable with fine not exceeding one hundred rupees for the first offence and with fine not exceeding one thousand rupees or simple imprisonment not exceeding three months or both for the second or any subsequent offence.
       (2) Offences under this section shall be triable by a Magistrate of the Second or Third class, and proceedings under this section may be instituted on a complaint made by the landlord of the notified area or forest in respect of which the offence is alleged to have been committed or by any right-holder of such a notified area or forest or by the Forest Officer or by any officer specially empowered by the State Government in this behalf.
      

S.16 Power to constitute a vested forest

       (1) If the State Government is satisfied at any time that the provisions of Chapter II of this Act are not or have not been sufficient to secure the due protection of any notified area or forests or that it is necessary in the public interest to apply the provisions of this Chapter to any private area or forest whether notified or not, it may constitute such forest or area, a vested forest in the manner hereinafter provided.
       (2) If it appears from the report of a Forest Officer that any waste land the area of which is not less than 50 acres which is lying uncultivated for more than seven years and is suitable for afforestation and the owner of such land is unwilling or unable to cultivate it by growing therein agricultural crops,- or to use it for purposes of horticulture to the satisfaction of such Forest Officer or to afforest it the State Government may after satisfying itself t

S.17 Notification by State Government

       (1) Whenever it is proposed by the State Government to constitute any area whether private forest or waste land a vested forest, the State Government shall issue a notification--
       (a) declaring that it is proposed to constitute such area a vested forest;
       (b) specifying as nearly as possible, the situation and limits of such area; and
       (c) stating that any landlord whose interests are likely to be affected if such area is constituted a vested forest may, within such period, not being less than three months from the date of the notification, as shall be stated in the notification, present to the Collector in writing any objection to such area being constituted a vested forest.
       (2) A copy of such notification shall be served on the landlord in the prescr

S.18 Hearing of objections

       (1) The Collector shall in the prescribed manner hear any objection presented under clause (c) of Section 17 and shall pass an order--
       (a) dismissing such objection, or
       (b) directing that the proposal to constitute the said area a vested forest shall be dropped either in respect of the whole of the said area or in respect of a part of it to be specified in the order.
       (2) Any landlord who is aggrieved by an order passed by the Collector under sub-section (1) or any Forest Officer or other person generally or specially empowered by the State Government in this behalf may file a revision application to the State Government whose orders would be final.
       (3) If no objection is presented under clause (c) of Section 17 or if such objection is presented and

S.19 Proclamation by Forest Settlement Officer

       When a notification has been issued under sub-section (3) of Section 18, the Forest Settlement Officer shall publish in Hindi in every town and village in the neighbourhood of the area comprised therein, a proclamation--
       (a) specifying, as nearly as possible, the situation and limits of the proposed area;
       (b) explaining the consequences which, as hereinafter provided, will ensue when such area is constituted a vested forest; and
       (c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in sub-section (3) of Section 18 (other than landlord's rights) within such period either to present to the Forest Settlement Officer a written notice specifying, or to appear before him and state the nature of such right and the

S.20 Inquiry by Forest Settlement Officer

The Forest Settlement Officer shall take down in writing all statements made under Section 19 and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in sub-section (3) of Section 18 other than landlord's rights and not claimed under Section 19 so far as the same may be ascertainable from the records of Government and the evidence of any person likely to be acquainted with the same.


S.21 Power of Forest Settlement Officer

       For the purposes of such inquiry the Forest Settlement Officer may exercise the following powers, that is to say--
       (a) power to enter, by himself or to authorise any officer to enter upon any land, and to survey, demarcate and make a map of the same; and
       (b) the powers of a Civil Court in the trial of suits.


S.22 Order on claims to rights of pasture or to forest produce

In the case of a claim to rights of pasture or to forest produce the Forest Settlement Officer shall pass, subject to the provisions of Sections 23 and 24, an order admitting or rejecting the same in whole or in part.


S.23 Manner in which Forest Settlement Officer should pass orders

       (1) The Forest Settlement Officer shall, when passing order under Section 22--
       (a) prepare a list of the right-holders with their father's names, castes, residences and occupations of each;
       (b) decide what fraction of the timber and other forest produce of the forest notified under sub-section (3) of Section 18 shall be allotted to the right-holders;
       (c) decide the maximum amount of timber and other forest produce which each right-holder is entitled;
       (d) determine the number and description of the cattle, if any, which the claimant is from time to time entitled to graze in the area and the season during which such pasture is permitted; and
       (e) consider the capacity of the area to supply without danger to

S.24 Suspension of rights when required for the conservation of a forest

       When passing an order under Section 22 on any claim, the Forest Settlement Officer is of opinion, that the conservation of the forest or the utilization of the wasteland concerned so requires, he may, instead of permitting the exercise of the full rights proved by the claimant, order that the exercise of such rights shall be suspended wholly or in part, for such period and subject to such conditions as may be specified in the order :
       Provided that it shall be necessary for the Forest Officer to make adequate arrangements of the grazing of cattle.


S.25 Extinction of rights

Rights (other than landlord's rights) in respect of which no claim has been preferred under Section 19 and regarding the existence of which nothing has come to notice during the enquiry under Section 20, shall be extinguished unless before the publication of the notification under Section 32, the person claiming them satisfies the Forest Settlement Officer that he had sufficient cause for not preferring such claim within the period fixed under Section 19.


S.26 Prohibition of further contracts

       After the issue of a notification under Section 17, the landlord of the forest or the area specified in such notification shall not enter into any contract with any person conferring on such person the right to cut, collect or remove timber or other forest produce or trees in or from such area and any such contract entered into after the issue of the said notification under Section 17, shall be void :.
       Provided that this restriction shall, without prejudice to the other provisions of the Act, cease, if the proposal to constitute the area concerned a vested forest is dropped or the area is eventually constituted a vested forest.


S.27 Prohibition of cutting of trees

       (1) At the time of issuing a notification under Section 17 or at any time thereafter, the State Government may make an order prohibiting, until the date of the publication of a notification under Section 32, and subject to such conditions and exceptions as may be specified in the order, the cutting, collection and removal of any trees, or any class of trees, in the area in respect of which such notification is issued and effect shall be given to such order notwithstanding anything contained in any contract, grant or record-of-rights to the contrary :
       Provided that the order shall not apply to an area the proposal to constitute which as a vested forest is dropped.
       (2) Every such order shall be published in the neighbourhood of the said area in the prescribed manner.
       (3) The provisions of Sectio

S.28 Procedure for dealing with claims of forest contractors

       (1) In the case of a person who claims to have a right under any contract with, or grant made by, the landlord before the issue of a notification under Section 17 to cut, collect or remove any forest produce in or from, or to pasture cattle in, an area notified under sub-section (3) of Section 18 or any part thereof, and who claims compensation for the loss or modification of such right, the Forest Settlement Officer shall determine the amount which should, in his opinion, be awarded as compensation to such claimant, and, subject to the provisions of sub-section (3) shall direct that the amount, if any, so determined shall be awarded to the claimant.
       (2) In determining the amount of compensation to be awarded to such claimant the Forest Settlement Officer shall take into consideration the following and no other matters, namely :--
       (a) an

S.29 Appeal from orders passed under Section 22, Section 24 or Section 28

Any person who has made a claim under Section 19-or Section 28 or any Forest Officer or other person generally or specially empowered by the State Government in this behalf may, within three months of the date of the order passed by the Forest Settlement Officer under Section 22 or Section 24 or Section 28, present an appeal from such order to the prescribed authority.


S.30 Appeal under Section 29

       (1) Every appeal under Section 29 shall be made by petition in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the prescribed authority referred to in that section.
       (2) The petition of appeal received from the Forest Settlement Officer shall be heard in the manner provided for the time being for the hearing of appeals in matters relating to land revenue.
       (3) The order passed on the appeal shall, subject only to revision by the State Government, be final.


S.31 Pleaders

The State Government, or any person who has made a claim or presented an objection under this Act, may appoint any person to appear, plead and act on its or his behalf before the Collector or the Forest Settlement Officer, or the appellate court, in the course of any inquiry, hearing or appeal under this Act.


S.32 Notification declaring an area to be a vested forest

       (1) When the following events have occurred, namely--
       (a) the period fixed under Section 19 for preferring claims has elapsed and all claims, if any, made under Sections 19 and 28 have been disposed of by the Forest Settlement Officer; and
       (b) if any such claims have been made, the period limited by Section 29 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, the State Government shall publish a notification in the Official Gazette, specifying definitely according to boundary marks erected or otherwise, the limits of the area which is to be constituted a vested forest, and declaring the same to be a vested forest from a date fixed by the notification, and from the date so fixed such forest shall be deemed to be a vested fo

S.33 Publication of translation of such notification in neighbourhood of forest

The Forest Officer shall, before the date fixed by such notification, cause a copy thereof to be published in every town and village in the neighbourhood of the forest.


S.34 Control and management of vested forests to vest in the State Government

The control and management of every forest shall vest, in the State Government.


S.35 Appointment of Forest Officers for vested forests

The State Government shall, by notification, appoint a Forest Officer for the purposes of one or more vested forests or of a specified portion thereof.


S.36 Power to invest Forest Officers with certain powers

       The State Government may invest any Forest Officer with all or any of the following powers, that is to say--
       (a) power to enter upon a land and to survey, demarcate and make a map of the same;
       (b) the power of a Civil Court to compel the attendance of witnesses and the production of documents and material objects; and
       (c) power to hold inquiry into forest offences and in the course of such inquiry to receive and record evidence.


S.37 Demarcation of vested forests

The Forest Officer shall demarcate the vested forest or portion of the vested forest for which he is appointed in such manner as may appear to be necessary in the circumstances of the case.


S.38 Extent to which landlord is to be allowed to remove timber and other produce from vested forest

The Forest Officer appointed for any vested forest shall, subject to the requirements of any working plan prepared for the forest, allow the landlord of such forests to cut, collect or remove therefrom such quantity of trees, timber or other forest produce as may, in the opinion of the Forest Officer, be required for his reasonable agricultural or domestic needs.


S.39 State Government to receive all revenues from and incur expenditure on vested forest

The State Government shall receive all revenues accruing from the working and management of a vested forest and shall pay the whole expenditure incurred in the working and management of such forest, and the landlord of such forest or any other person shall not be entitled to make any objection to any expenditure that the State Government may consider it necessary to incur on such working and management.


S.40 Maintenance of revenue and expenditure account

The State Government or any authority appointed by them in this behalf, shall maintain in the prescribed manner a revenue and expenditure account, the working and management of every vested forest and shall supply an abstract of the yearly account to the landlord of such forest.


S.41 Payment of allowances for, and net profits of vested forests to landlord

       (1) The State Government shall during the period of its control and management of any vested forest pay, at prescribed intervals, to the landlord of the area comprising--
       I. Forest--
       (a) an allowance calculated on the total area of the forest as determined by the Forest Officer at the rate of four annas per acre per annum or such higher rate not exceeding eight annas per acre per annum as the Forest Officer may, from time to time, by general or special order, determine, and
       (b) the net profits, if any, accruing from the working and management of the forest will be paid to the owner after deducting 10 per cent as the share of the State Government.
       II. Waste land--
       (a) No allowance will be paid; and
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S.42 Right of right-holders to be exercised in accordance with rules

The rights of right-holders in a vested forest shall be exercised in accordance with the rules.


S.43 Grouping of forests for management

The Forest Officer, may, with a view to the more efficient management and control of the forests, order that the vested forests under his control in more than one village and under more than one landlord shall be grouped together.


S.44 System of annual coupes

       (1) When the Forest Officer has ordered the grouping of vested forests under Section 43 he may direct that the rights of right-holders in a vested forest shall be exercised in such portion of such group as he may order.
       (2) In passing order under sub-section (1) the Forest Officer shall have regard to the conveniences of the right-holders so far as that is possible without prejudicing the efficient administration and conservation of the vested forest.


S.45 Extent of rights of right-holders to be varied by Forest Officer

When the right-holder's share of the produce of a vested forest is insufficient in any year to meet the maximum requirements of the right-holders the Forest Officer shall determine for that year the amount of such produce which each right-holder may take in accordance with the rules.


S.46 Release of vested forests

       (1) The State Government may at any time, by notification, declare that the provisions of this Chapter shall cease to apply to a vested forest from such date as may be specified in the notification and that, with effect from that date, the forest shall cease to be a vested forest.
       (2) If on the date of the publication of a notification under sub-section (1) the balance-sheet of the revenue and expenditure / account prepared under Section 40 shows that any amount is due to the State Government in respect of the management and working of such forest, such amount shall be recovered from the owner as may be determined generally or specially by the State Government.


S.47 Forest offences

       Any person who, without the permission of the Forest Officer, in writing or in contravention of any provision of this Act or any rule or order made thereunder--
       (a) fells, girdles, lops, taps or burns any tree in a vested forest, or strips off the bark or leaves from, or otherwise damages, any such trees, or
       (b) quarries any stone, or burns any lime or charcoal, or collects, subject to any manufacturing process, or- removes any forest produce from a vested forest, or
       (c) breaks up or clears, for cultivation or any other purpose any land in a vested forest, or
       (d) sets fire to a vested forest or kindles a fire without taking all reasonable precautions to prevent its spreading to any portion of such forest, or
      &n

S.48 Penalties for breach of rules

Any person contravening any rule, for the contravention of which no penalty is otherwise provided by this Act, shall be punishable with imprisonment for a term which may extend to one month or with fine which extend to one hundred rupees or with both.


S.49 Seizures of property liable to confiscation

       (1) When there is a reason to believe that a forest offence has been committed in respect of any forest produce such produce together with all tools, boats, carts or cattle, used in committing such offence, if found within the vested forest, may be seized by any Forest Officer or Police Officer.
       (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such a seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.


S.50 Procedure thereupon

Upon the receipt of any report made under sub-section (2) of Section 49 the Magistrate shall with all convenient despatch take such measures as may be necessary for the apprehension of and trial of the offender and the disposal of the seized property according to law.


S.51 Power to release property seized under Section 49

Any Forest Officer of a rank not inferior to that of a Ranger, who or whose subordinate has seized any tools, boats, or carts, or cattle under sub-section (1) of Section 49, may 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made.


S.52 Trees, timber, forest produce, tools etc., when liable to confiscation

       (1) All trees, timber or other forest produce in respect of which a forest offence has been committed and all tools, boats, carts and cattle used in committing any forest offence, shall be liable to confiscation.
       (2) Such confiscation may be in addition to any other punishment prescribed for such offence.


S.53 Disposal or conclusion of trial for forest offence of produce in respect of which it was committed

When the trial of any forest offence is concluded any tree, timber or other forest produce in respect of which such offence has been committed shall, if it has been confiscated, be taken charge of by a Forest Officer and, in any other case, may be disposed of in such manner as the Court may subject to rules, if any, direct.


S.54 Procedure when offender not known or cannot be found

       When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest Officer or to be made over to the person whom the Magistrate deems to be entitled to the same :
       Provided that no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim:


S.55 Procedure as to perishable property seized under Section 49

The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property subject to speedy and natural decay, seized under sub-section (1) of Section 49 and may deal with the proceeds as he would have dealt with such property if it had not been sold.


S.56 Appeal from orders under Sections 52, 53 or 54

The officer who made the seizure under Section 49 or any of his official superior, or any person claiming to be interested in the property so seized, may within one month from the date of any orders passed under Sections 52, 53 or 54, appeal against the order of acquittal or conviction, as the case may be, the court to which orders made by such Magistrate are ordinarily appealable and the order passed on such appeal shall be final.


S.57 Property when to vest in the State Government

When an order for the confiscation of any property has been passed under Section 52 or Section 54, as the case may be, and the period prescribed by Section 56 for an appeal from such order has expired and no such appeal has been preferred or when, on an appeal being preferred the appellate court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall, save as otherwise provided in clause (b) of sub-section (3) of Section 41, vest in the State Government for the purposes of the State free from all encumbrances.


S.58 Saving of power to release property seized

Nothing hereinbefore contained shall be' deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under sub-section (1) of Section 49.


S.59 Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks

       Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code--
       (a) knowingly counterfeits upon any timber or standing trees a mark used by Forest Officers to indicate that such timber or (sic) belongs to a vested forest or is the property 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 in a vested forest or on timber lying in or removed from any such forest by or under the authority of a Forest Officer, or
       (c) alters, removes, destroys or defaces any boundary mark of any vested forest, shall be punishable with imprisonment for a term which may extend to ten months or with fine or with both.


S.60 Power to arrest without warrant

       (1) When any person is reasonably suspected of having committed any forest offence punishable with imprisonment for one month or upwards and refuses on the demand of a Forest Officer or police officer to give his name and address, or gives a name or address which such officer has reason to believe to be false, he may be arrested by such officer in order that his name and address may be ascertained.
       (2) When the true name and address of such person have been ascertained, he shall be released. If the true name and address of such person are not ascertained within twenty-four hours from the time of his arrest, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction or to the officer-in-charge of the nearest police station.


S.61 Power to prevent commission of offence

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


S.62 Power to compound offence

       (1) The State Government may, by notification, empower a Forest Officer--
       (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in Section 59 or Section 60, a sum of money by way of compensation for the offence which such person is suspected to have been committed, and
       (b) to release any property which has been seized and is liable to confiscation on payment of the value thereof as estimated by such officer and to deal with any amount so paid for offences (other than offences suspected to have been committed by the landlord), in respect of a vested forest or the forest produce thereof, as proceeds of confiscation, relating to the forest for the purposes of clause (b) of sub-section (3) of Section 41.
       (

S.63 Presumption that forest produce belongs to vested forest

Whenever in connection with any forest offence a question arises as to whether any trees, timber or other forest produce seized within the limits of a vested forest belongs to such forest, such trees, timber or other forest produce shall be presumed to belong to such forest until the contrary is proved.


S.64 Application of Cattle Trespass Act (I of 1871)

Cattle trespassing in any portion of a vested forest shall be deemed to be causing damage to public plantation within the meaning of Section 11 of the Cattle Trespass Act, 1871, and any such cattle may be seized and impounded by any Forest Officer or Police Officer.


S.65 Power to alter fines fixed under Cattle Trespass Act, 1871

The State Government may, by notification direct that, in lieu of the fines fixed under Section 12 of the Cattle Trespass Act, 1871, there shall be levied for each head of cattle impounded under Section 64 of this Act such fines as it thinks fit.


S.66 Forest Officers deemed public servants

All Forest Officers shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.


S.67 Forest Officer not to trade

Except with the permission in writing of the State Government no Forest Officer shall, as principal or agent, trade in trees, timber or other forest produce, or be or become interested in any lease of any forest or in any contract for working any forest.


S.68 Bar of suits and other proceedings

       When a notification has been issued in respect of any forest under Section 17 or under sub-section (1) of Section 32 or when an order has been made under sub-section (1) of Section 27 or under sub-section (3) of Section 28 no suit or other proceedings shall save as otherwise provided in this Act, lie in, or be entertained by, any civil, criminal or revenue court--
       (a) in respect of any modification, suspension or extinction, as a result of any such modification or order or as a result of the restriction imposed by Section 25 or Section 26 of any right which any person was entitled by virtue of any contract or otherwise to exercise in such forests;
       (b) to vary or set aside any order passed by Forest Settlement Officer under Sections 22, 24 or 28, or any order passed in appeal or revision under sub-section (2) or (3) of Section 30;
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S.69 Persons bound to assist Forest Officers and Police Officers

       (1) Every person who exercise any right in a vested forest or who is permitted to take any forest produce from, or to cut and remove trees or timber in or from, or to pasture cattle, in such forest, and every person, who is employed by such person in such forest, and every person in any village contiguous to such forest who is employed by the Government or who receives emoluments from the Government for services to be performed to the community, shall be bound to furnish without unnecessary delay to the nearest Forest Officer or Police Officer any information he may possess respecting the commission of, or intention to commit, any forest offences, and shall forthwith take steps, whether so required by any Forest Officer or Police Officer or not--
       (a) to extinguish any forest fire in such forest of which he has knowledge or information,
       (

S.70 Management of groves and grove-lands

The State Government may, by notification declare that whereas it is necessary to provide for the regulation of matters described in Section 4 and Section 10 in respect of groves and grove-lands, as defined in Section 3 of the U.P. Tenancy Act, 1939, the provisions of this Chapter are being applied to the said grove or grove-land.


S.71 Application of the Act to groves

The State Government may by notification declare that the provisions of this Act, either in whole or in part or subject to such restrictions and modifications as it may think fit, shall apply to the groves and grove-lands notified under Section 70.


S.72 Recovery of money due to Government

All money payable to the State Government under this Act, or under any rule made under this Act, or on account of the price of any forest produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land revenue.


S.73 Lien on forest produce for money due to Government

       (1) When any such money is payable for or in respect of any forest produce, the amount thereof shall be deemed to be first charge, on such produce and such produce . may be taken possession of by a Forest Officer until such amount has been paid.
       (2) If such amount is not paid when due the Forest Officer may sell such produce by public auction and the proceeds of the sale shall be applied first in discharging such amount.
       (3) The surplus, if any, if not claimed within six months from the date of the sale by the person entitled thereto, shall be forfeited to the President of the Indian Republic.


S.74 Recovery of penalties due under bond

When any person in accordance with any provisions of this Act, or in compliance with any rule binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872, be recovered from him in case of such breach as if it were an arrear of land revenue.


S.75 Power to make rules

       (1) The State Government may make rules to carry out the purposes of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may regulate all or any of the following matters, namely :
       (a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest produce from vested forest;
       (b) the granting of licences to the inhabitants of towns and villages in the vicinity of vested forests to take trees, timber or other forest produce for their own use, and the production and return of such licences by such persons;
       (c) the granting of licences to persons for felling or removing trees or timber or other forest produce in or from such forests for the purpose

S.76 Savings

Nothing in this Act shall affect any right to minerals lying in or under any vested forest and the State Government shall make adequate provisions for exercise of this right by the person, or persons legally entitled to this right in accordance with any rule made by the State Government in this behalf.


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