ASSAM FOREST REGULATION, 1891
(1) This Regulation may be called the Assam Forest Regulation, 1891.(2) It extends to the whole of the territories administrated by the Government of Assam :Provided that the State Government may, by notification in the official Gazette, exempt any place from the operation of the whole or any part thereof, and withdraw such exemption ; and(3) It shall come into force on such dates’, as the State Government by notification in the official Gazette, directs.(4) A notification under the proviso to sub-section (2), exempting a place from the operation of the whole or any part of the Regulation, shall not affect anything done, or any offence committed, or any fine or penalty imposed, in such place before such exemption.
[Repealed by Act 1 of 1938].
In this Regulation and in all rules made thereunder, unless there is something repugnant in the subject or context—(1) “Forest Officer” means any person appointed by name or as holding an office by or under the orders of the State Government to be Conservator, Deputy Conservator, Assistant Conservator, Forest Ranger, Deputy Ranger, Forester, Forest Guard or to discharge any function of a Forest Officer under this Regulation or any rules thereunder;(2) “tree” includes palms, bamboos, stumps, brushwood and canes ;(3) “timber” means trees when they have fallen or have been felled or all wood, whether cut out or fashioned or hollowed out for any purpose or not and includes trees when cut into pieces or sizes or peeled out or sliced out (veneer) for manufacturing of ply board, block board or any other purposes or not.(4) “forest produce” includes—(a) the following,
The State Government may constitute any land at the disposal of the Government a reserved forest in the manner hereinafter provided.
(1) Whenever it is proposed to constitute any land a reserved forest, the State Government shall publish a notification in the official Gazette—(a) specifying, as nearly as possible, the situation and limits of such land ;(b) declaring that it is proposed to constitute such land a reserved forest; and(c) appointing an officer (hereinafter called the Forest Settlement Officer), to enquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of, any person in or over any land comprised within such limits, and any claims relating to the practice with such limits, of jhum cultivation, and to deal with the same as provided in this Chapter.(2) The Forest Settlement Officer shall ordinarily be a person other than a Forest Officer, but a Forest Officer may be appointed by the State Government to assist the Forest Settlement
Legal Comments
"Section 41 – Penalties for breach" - Section 41 provides penalties for breach of the Regulation, specifying punishment which may include imprisonment for a term up to three years or fine up to a specified amount, or both -
"Scope of Section 41" - Applies to breaches of the Assam Forest Regulation, 1891, notably offences related to forest produce, entry, or acts prohibited by the Regulation; linked to offences proven in court under the Regulation -
"Essential ingredients (elements) under Sect. 41" - Act of breach of Regulation by an offender (e.g., handling forest produce or contravening duties under the Regulation) with proof before the court; mens rea may be inferred from conduct depending on the case - [Bhadra Singh & Ors. VS State of Assam]
"Application to the case facts" - The cited cases involve interception of trucks, seizure of extra timbers/logs and conviction under Section 41; counts include breach of regulations on timber transport and possession - [Bhadra Singh & Ors. VS State of Assam]
"Nature of offence" - Forest offence as defined, punishable under the Regulation or rules made thereunder; Section 41 is a penal provision for such offences -
"Relation to seizure provisions" - Section 49 provides seizure of property liable to confiscation; linked enforcement actions in Section 41 prosecutions where seized timber may be involved -
"Maximum penalties" - Penalty limit under Section 41 can extend to imprisonment up to three years; may also include fine or both, depending on the facts and provisions of the Regulation -
"Degree of proof" - In the reported cases, three witnesses appeared for prosecution; conviction under Section 41 rested on evidence of breach of Regulation in the handling/possession of timbers - [Bhadra Singh & Ors. VS State of Assam]
"Scope of applicability to transporters" - The regulation covers offences by persons transporting or handling forest produce; drivers and handymen can be charged if found in breach of the Regulation’s provisions - [Bhadra Singh & Ors. VS State of Assam]
"Interplay with other sections" - The cases reference Sections 40/41/49/60(i) of the Assam Forest Regulation; Section 41 operates alongside these provisions for offences, sentencing, and ancillary orders - [Bhadra Singh & Ors. VS State of Assam]
"Judicial interpretation trend" - Courts have affirmed convictions under Section 41 for breaches during timber transport, sustaining imprisonment sentences (e.g., one year) where evidence supports breach of the Regulation - [Bhadra Singh & Ors. VS State of Assam]
"Remedies and appellate route" - Convictions can be challenged in appeal and revision; the cited matters show appellate scrutiny of Section 41 convictions with upholding judgments in higher courts - [Bhadra Singh & Ors. VS State of Assam]
"Defences under Sect. 41" - Defendants typically plead not guilty; defence evidence is often minimal, with breach established by prosecution and inferences drawn from seizure and inventories - [Bhadra Singh & Ors. VS State of Assam]
"Definition and reach of 'forest offence'" - 'Forest offence' is defined as an offence punishable under the Regulation or rules; Section 41 targets such breaches broadly within timber/forest management contexts -
"Relation to seizure outcomes" - Section 49 empowers seizure of property liable to confiscation; in practice, seized timber may be linked to Section 41 prosecutions and subsequent confiscation orders -
"Consistency with penalties under other sections" - While Section 41 prescribes imprisonment/fines, other sections (e.g., 60(i)) may specify transit or procedural aspects; collectively guide sentencing and compliance -
"Administrative backdrop" - The Regulation aims to regulate forests, forest produce, and duties on timber; Section 41 serves as enforcement mechanism for breaches in these domains -
"Fact pattern alignment" - The common judgments discuss similar fact patterns involving unlawful extra timber logs and non-compliant transport, illustrating application of Section 41 to real-world enforcement - [Bhadra Singh & Ors. VS State of Assam]
"Implications for forest governance" - Section 41 underscores deterrence against illegal timber handling and forest offences; effective enforcement depends on proper inspection, inventory, and prosecution evidence -
"Note on evidentiary requirements" - The cases show reliance on inventories, challans, and court-recorded testimonies to establish breach of the Regulation under Section 41 - [Bhadra Singh & Ors. VS State of Assam]
When a notification has been published under Section 5, the Forest Settlement Officer shall publish in the language of the country, at the headquarters of each district and sub-division in which any portion of the land comprised in such notification is situate, and in every town and village in the neighbourhood of such land, a proclamation—(a) specifying, as nearly as possible, the situation and limits of the proposed forest;(b) setting forth the substance of the provisions of the next following section ;(c) explaining the consequence which, as hereinafter provided, will ensue on the reservation of such forest; and(d) fixing a period of not less than three months from the date of the publication of such proclamation and requiring every person claiming any right or making any claim referred to or mentioned in Section 5 either to present to such officer within s
(1) During the interval between the publication of such proclamation and the date fixed by the notification declaring the forest to be reserved as hereinafter provided, 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 entered1 into, by or on behalf of, the Government or some person in whom such right or power to create such right was vested when the proclamation was published; and on such land no new house shall be built or plantation formed, no fresh clearings for cultivation or for any other purpose of trade or manufacture except as hereinafter provided.(2) Nothing in this section shall be deemed to prohibit any act done with
(1) The Forest Settlement Officer shall take down in writing all statements made under S.6, and shall inquire into all claims made under the section and the existence of any right or practice mentioned in Section 5 in respect of which no claim is made.(2) The Forest Settlement Officer shall at the time consider and record any objection which the Forest Officer, if any, appointed under Section 5 to assist him, may make to any such claim or with respect to the existence of any such right or practice.
For the purposes of such inquiry the Settlement Officer may exercise—(a) power to enter, by himself or any officer authorised by him for the purpose, 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.
(1) In the case of a claim relating to the practice of jhum-cultivation, the Forest Settlement Officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the 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 State Government 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 Settlement Officer may arrange for its exercise—(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or(b) by causing certain por
(1) In the case of claim to a right in or over any land other the following rights, namely :(a) a right-of-way,(b) a right to water-course or to use of water,(c) a right of pasture or to forest-produce,the Forest Settlement Officer shall pass an order specifying in the particulars of such claim and admitting or rejecting the same wholly or in part.(2) If such claim is admitted wholly or in part, the Forest Settlement Officer may—(x) come to an agreement with the claimant for surrender of the right, or (y) exclude the land from the limits of proposed forest, or(z) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1870.(3) For the purpose of acquiring such land—(i) the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1870 ;<
(1) In the case of a claim to a right of a kind specified in Cl. (a), Cl, (b) or Cl. (c) of Section 11, sub-section (1) the Forest Settlement Officer shall pass an order specifying the particulars of such claim and admitting or rejecting the same wholly or in part.(2) When a claim to any such right is admitted, if the right is for the beneficial enjoyment of any land or building the Forest Settlement Officer shall record the designation, position and area of such land or the designation and position of such building.(3) Where the right is a right to forest-produce, the Forest Settlement Officer shall record whether the forest produce obtained by the exercise of such right may be leased, sold or bartered, and such other particulars as may be necessary in order to define the existence, nature, incidents. and extent of the right.
(1) When the Forest Settlement Officer has admitted wholly or in part and recorded under the last foregoing section a claim to a right of pasture or to forest produce, he shall, as far as possible, provide for the exercise of such right—(a) by altering the limits of the proposed reserved forest so as to exclude land of sufficient extent of a suitable kind and in a locality reasonably convenient for the purpose of the claimant; or(b) by recording an order containing of the claimant a right of pasture or to forest produce, as the case may be, subject to such rules as may be prescribed by the State Government.(2) An order passed under Cl. (b) of sub-section (1) shall record, as far as practicable—(i) where the right is a right of pasture, the number and description of the cattle which the claimant is, from time to time, entitled to graze, and the local limits within which,
Whenever any right of pasture or to forest produce admitted under Section 12 is not provided for in one of the ways prescribed in Section 13, the Forest Settlement Officer shall, subject to such rules as the State Government may prescribe in this behalf, commute such right by paying a sum of money in lieu thereof, or with the consent of the claimant, by the grant of land or in such manner as such officer thinks fit.
Any person who has made a claim under this Chapter (or any Forest Officer or other person generally or specially empowered by the State Government in this behalf) may, within three months from the date of any order passed on such claim by the Forest Settlement Officer under Section 11, 12, 13 or 14, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Deputy Commissioner as the State Government may by notification in the official Gazette appoint by name, or as holding an office, to hear appeals from such orders.
(1) Every appeal under the last foregoing section shall be made by petition in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the officer competent to hear the same.(2) Every such appeal shall be heard in the manner prescribed for the time being for the hearing of appeals in the matters relating to revenue, and except as hereinafter provided, the order passed on the appeal shall be final.
(1) When the following events have occurred, namely :(a) the period fixed under Section 6 for preferring claims has elapsed, and all claims, if any, made within such period has been disposed of by the Forest Settlement Officer; and(b) if such claims have been made, the period fixed by Section 15 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 ; and(c) all lands, if any, to be included in the proposed reserved forest which the Forest Settlement Officer has under Section 11, elected to acquire under the Land Acquisition Act, 1870, have become vested in the Government under Land Acquisition Act, 1870 (10 of 1870) ;the State Government may publish a notification in the official Gazette, specifying the limits of the forest which it is intended to reserve, and
Right in respect of which no claim has been preferred under Section 6 and of the existence of which no knowledge has been acquired by inquiry under Section 8 shall thereupon extinguish, unless before the publication of such notification, the person claiming them has satisfied the Forest Settlement Officer that he had sufficient cause for not preferring such claim within the period fixed under Section 6.
The Deputy Commissioner of the district in which the forest is situate, shall before the date fixed by such notification cause a translation thereof in the language of the country to be published in the manner prescribed for the proclamation under Section 6.
The State Government may within five years from the publication of any notification under Section 17 revise any arrangement made under Section 13 or 16 and may rescind or modify any order made under this Chapter and direct that any one of the proceedings specified in Section 13 be taken in lieu of the other of such proceedings, or that a right admitted under Section 12 be commuted in the manner mentioned in Section 14.
No right of any description shall be acquired in or over a reserved forest, except by succession or under grant or contract in writing made by, or with the previous sanction of the State Government or some person on whom such right, or the power to create such right, vested when the notification under Section 17 was published.
(1) Notwithstanding any thing herein contained no right contained under Section 13 shall be alienated by way of grant, sale, lease, mortgage or otherwise without the previous sanction of the State Government:Provided that, when any such right is continued for the beneficial enjoyment of any land or building, it may be sold or otherwise alienated with such land or building without such sanction.(2) The benefit of any right continued under Section 13 shall not be leased, sold or bartered, except to the extent defined by the order recorded under that sanction.
Any Forest Officer may, from time to time, with the previous sanction of the State Government or of a Forest Officer or other officer authorised by the State Government in this behalf, stop any public or private way or water course in a reserved forest:Provided that for the way or water course so stopped another way or water course, which, in the opinion of the State Government equally convenient already exists or has been provided or constructed by the Forest Officer stopping the way or water- course.
Any person, who in a reserved forest—(a) trespasses, or pastures cattle, or permits cattle to trespass, or(b) causes any damage by negligence in felling any tree or cutting or dragging any timber.(c) [Deleted],shall be punished with fine which may extend to five thousand rupees or with imprisonment which may extend to one year or with both, or when the damage resulting from his offence amounts to more than one thousand rupees, with fine which is not less than five thousand rupees or with imprisonment which is not less than one year but may extend to three years or with both.
Any person who—(a) makes any fresh clearing prohibited by Section 7, or(b) sets fire to a reserved forest, or in contravention of any rules by the State Government kindles any fire, or leaves fire burning, in such manner as to endanger such a forest, or who in any such forest—(c) kindles, keeps or carries any fire except at such seasons and in such manner as Forest Officer specially empowered in this behalf may from time to time notify, or(d) fells, cuts, girdles, marks, lops, tops, or injures by the fire or otherwise any tree, or(e) quarries stone, burns lime or charcoal or collects, subject to any manufacturing process or removes any forest produces, or(f) clears or breakes up any land for cultivation or any other purpose, or(g) poisons water or, in contravention of any rules made by the State Government hunts, fishes or sets tr
Nothing in Section 24 or Section 25 shall be deemed to prohibit—(a) any practice of jhum cultivation permitted under Section 10, or(b) the exercise in accordance with the rules, if any, made by the State Government under Section 13 of any right continued under that section, or(c) the exercise of any right created by grant or contract in the manner described in Section 21, or(d) any act done with permission in writing of a Forest official specially empowered to grant such permission.
Whenever fire is caused wilfully or by gross negligence in a reserved forest by any person having rights in such forest or permission to practice jhum cultivation therein, or by any person in his employment or whenever any person having rights in such forest contravenes the provisions of Section 22, State Government may, notwithstanding the inflictions of any punishment under this Regulation, direct that in such forest, or any specified portion thereof, the exercise of all or any of the rights of pasture or to forest produce shall be extinguished, or for such period as it thinks fit be suspended, and , with respect to the practice of jhum cultivation, may take such action under Section 10, sub-section (4), as may seem to it to be proper.
(1) The State Government may, by notification in the official Gazette, direct that, from a date to be fixed by such notification, any forest, or any portion thereof, reserved under this Regulation shall cease to be reserved.(2) From the date so fixed such forest or portion shall cease to be reserved, but the rights, if any, which have been extinguished therein, shall not revive in consequence of such cessation.
(1) The State Government may by notification in the official Gazette, constitute any land at the disposal of the Government a village forest for the benefit of any village community or group of village communities and may, in like manner, vary or cancel any such notification.(2) Every such notification shall specify the limits of such village forests.
(1) The State Government may make rules for regulating the management of village forests prescribing the conditions under which the community or group of communities for the benefit of which any such forest is constituted may be provided with forest produce or with pasture, and their duties in respect of the protection and improvement of such forest.(2) The State Government may, by such rules, declare any of the provisions of Chapter II of this Regulation to be applicable to village forests.
All claims to any rights other than the rights of the village community or group of village communities for the benefit of which such village forest is constituted shall be inquired into, recorded and provided for in the manner prescribed by Chapter II of this Regulation.
The State Government may, by notification in the official Gazette—(a) declare that any trees or any specified class of tress standing on any land at the disposal of the Government shall, from a date to be fixed by such notification, be reserved trees ;(b) vary or cancel any such notification.
No person shall fell, cut, girdle, mark, lop, tap or injure by fire or otherwise any reserved, tress, except in accordance with rules made by the State Government in this behalf or as provided by the last section of this Chapter.
(1) No person shall make use of any forest produce of any land at the disposal of the Government and not included in a reserved forest or village forest, except in accordance with rules to be made by the State Government in this behalf, or as provided by the last section of this Chapter.(2) Such rules may, with respect to such land—(a) regulate or prohibit the cutting of jhums or the issue of grants or leases on behalf of the Government;(b) regulate or prohibit the kindling of fires, and prescribe the precautions to be taken to prevent the spreading of fires ;(c) regulate or prohibit the felling, cutting, girdling, marking, lopping, tapping or injuring by fire or otherwise of any trees, the sawing, conversion and removal of timber, and the collection and removal of other forest produce ;(d) regulate or prohibit the quarrying of stone, the boiling of catechu or
(1) If any person infringes the provision of Section 33, he shall be punished with imprisonment for a term which is not less than one year but may extend to three years or with fine which may extend to five thousand rupees, or with both.(2) The State Government may, by a rule made under Section 34, attach to the breach of any rule under that section any punishment not exceeding that mentioned in sub-section (1).
Nothing in this Chapter, or in any rule under this Chapter, shall be deemed to prohibit any act done in the exercise of any right or with the permission in writing of a Forest Officer specially empowered to grant such permission.
(1) The State Government may by notification in the official Gazette, regulate or prohibit in any forest or waste land —(a) the breaking up or clearing of land ;(b) the pasturing of cattle ; or(c) the firing or clearing of the vegetation ;when such regulation or prohibition appears necessary in the public interest for any of the following purposes :(i) for protection against storms, winds, rolling stones, floods and avalanches ;(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines and torrents, deposit thereon of sand, stones or gravel ;(iii) for the maintenance of a water-supply in springs, rivers and tanks ;(iv) for the protection of public roads, public bridges, railways and other lines of communication ;(v) for the
(1) In case of neglect of, or wilful disobedience to, any regulation or prohibition under Section 36-A, or if the purposes of any work to be constructed under that section so required, the State Government may, after notice in writing to the owner of such forest or land after considering his objections, if any, place the same under the control and management of a Forest Officer and may declare that all or any of the provisions of this Regulation shall apply to such forest or land.(2) The net profits, if any, arising from the management of such forest or land shall be paid to the same owner.
(1) In any case under this Chapter in which the State Government considers that in lieu of placing the forest or land under the control and management of a Forest Officer the same should be acquired for public purposes, the State Government may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894.(2) The owner of any forest or land comprised in any notification under Section 36-A, or if there be more than one owner thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof, may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes and the State Government shall acquire such forest or land accordingly.
The owner of any land or if there be more than one owners thereof, the owners of shares therein amounting in the aggregate to at least two-thirds thereof may, with a view to the formation or conservation of forests thereon, represent in writing to the Deputy Commissioner their desire—(a) that such land be managed on their behalf by the Forest Officer on such terms as may be mutually agreed upon ; or(b) that all or any of the provisions of this Regulation be applied to such land.(2) In either case, the State Government may, by notification in the official Gazette, apply to such land such provisions of this Regulation as it thinks suitable to he circumstances thereof and as may be desired by the applicants.
(1) The Central Government may levy a duty in such manner, at such places and at such rates as it may prescribe by notification in the official Gazette, on all forest produce which is brought into the territories to which this Regulation extends from any place beyond those territories.(2) In every case in which such duty directed .to levied ad valorem, the Central Government may, by like notification, determine the manner in which the value is to be ascertained.(3) Until provision to the contrary is made by the Parliament the State Government may continue to levy on forest produce brought into the territories to which this Regulation extends from any place in the State beyond those territories any duty which it was levying immediately before the commencement of the Constitution :Provided that nothing in this sub-section authorises the levy of any duty which as between forest prod
The Central, or as the case may be, the State Government may exempt any forest produce from the duty to which it is liable under the last foregoing section, and revoke such exemption.
Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase money or royalty in respect of any forest produce.
(1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all forest produce in transit by land or water, is vested in the State Government, and the Government may make rules to regulate the transit of any forest produce.(2) Such rules may, among other matters—(a) prescribe the routes by which alone forest produce may be imported into, exported from or moved within the territories to which this Regulation extends;(b) prohibit the import, export, collection or moving of forest produce without a pass from an officer authorised to issue the same, or otherwise than in accordance with the conditions of such pass ;(c) provide for the issue, production and return of such passes ;(d) fix, or authorise any Forest Officer, subject to control of the State Government, to fix the fees payable for such passes ;(e) i
Notwithstanding anything in Section 40, the Central Government may make rules to prescribe the route by which alone timber or other forest produce may be imported, exported, or moved into or from (Assam) across any customs frontier as defined by the Central Government, and any rules made under Section 40 shall have effect subject to the rules made under this section.
(1) The State Government may, by a rule under the last foregoing section, attach to the breach of any rule under that section any punishment not exceeding imprisonment for a term which may extend to three years or fine which may extend to five thousand rupees or both.(2) In case where the offence is committed after sunset and before sunrise or after preparation for resistance to the execution of any law or any legal process or where the offender has been previously convicted of a like offence, the convicting court may inflict double the penalty prescribed for such offences.
In case of any accident or emergency involving danger to any property at a revenue-station established under a rule made under Section 40, every person employed at such revenue station, whether by the Government or by any private person, shall render assistance to any Forest Officer or Police Officer demanding his aid in averting such danger and securing such property from damage or loss.
(1) Timber falling under any of the following description, namely :(a) timber found a drift, breached, stranded or sunk, (b) timber bearing marks which have not been registered under rules made under Section 40, (c) timber which has been supermarked, or on which marks have been obliterated, altered or defaced by fire or otherwise, and (d) in such area as the State Government directs, all unmarked timber, shall be deemed to be the property of the State Government unless and until any person establishes his right thereto as provided in this Chapter.(2) Such timber may be collected by a Forest Officer or other person entitled to collect the same, and may be brought to such stations as Forest Officer specially empowered in this behalf may, from time to time, notify as stations for the reception of drift timber.(3) The State Government may, by n
(1) Public notice shall, from time to time as occasion may require, be given by a Forest Officer specially empowered in this behalf of timber collected under the last foregoing section.(2) Such notice shall contain a description of the timber and shall require any person claiming the same to present to such officer, within a period of not less than one month from the date on which such notice is given, a written statement of such claim.
(1) When any such statement is presented as aforesaid, the Forest Officer may, after 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 timber is 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 Court and retain the timber pending the receipt of an order from 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 against the Government or against any Forest Officer on account of such rejection, or the detention or removal of any timber or the delivery thereof t
When no statement is presented in the manner and within the period prescribed by notice issued under Section 44 or, where such statement having been so presented and the claim rejected, the claimant omits to institute a suit to recover possession of such timber, it shall vest in the State Government free from all incumbrances, or when such timber has been delivered to another person under Section 45, in such other person free from all incumbrances not created by him.
No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until such sum as may be due for salving, collecting, moving, storing and disposing of the timber has been paid by him to the Forest Officer or other person entitled to receive the sum.
(1) The State Government may make rules to regulate the following matters, namely :(a) the salving, collection and disposal of all timber mentioned in Section 43;(b) the use and registration of boats used in salving and collecting timber ;(c) the amount to be paid for salving, collecting, moving, storing and disposing of such timber ; and(d) the use and registration of hammers and other implements to be used for making such timber.(2) The State Government may, by a rule made under this section, attach to the breach of any rule under this section any punishment not exceeding imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees or both.
(1) When there is reason to believe that a forest offence has been committed in respect of any forest produce, such produce together with all tools, boats, motorised boats, vessels, cattle, carts, rafts, machineries, vehicles, trucks, ropes, chains or any other implements, articles or materials used in the commission of such offence may be seized by any Forest Officer not below the rank of a Forester or any Police Officer not below the rank of a Sub-Inspector of Police.(2) Every Officer, seizing any property under sub-section (1), shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of Assistant Conservator of Forests authorised by the State Government in this behalf by the notification in the official Gazette (hereinaft
Any Forest Officer not below the rank of a Forest Ranger, whose subordinate has seized any tools, vehicles, trucks, vessels, rafts, machineries, boats, motorised boats, cattle, ropes chains or any other implements, articles, etc. under Section 49, may release the same on the execution by the owner .or the person-in-charge 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 or before any authorised officer whenever required for the purpose as mentioned under Section 49 to proceed ahead with the offence on account of which the seizure has been made :Provided that whenever such release is made the officer releasing the property shall immediately make a report to the authorised officer describing the circumstances and the reasons for the release of the property to the claimant or the owner or the person in
Any Forest Officer not below the rank of a Conservator of Forests, specially empowered by the State Government in this behalf by notification in the official Gazette may, sno motu or on application by the aggrieved person, call for and examine any record or any order under Section 49 (4) and may make such enquiry or cause such enquiry to be made and may pass such order as he deems fit :Provided that no order under this section shall be made if in the meantime an appeal has been preferred under Section 49-C :Provided further that no order prejudicial to any person shall be passed without giving him a reasonable opportunity of being heard.
Any person aggrieved by an order under Section 49 (4) or Section 49-B may, within thirty days from the date of communication to him of such order, prefer an appeal to the District Judge having jurisdiction over the area in which the property has been seized and the District Judge, shall, after giving a reasonable opportunity of being heard to the parties, pass such order either varying, confirming, modifying, annulling or setting aside the order appealed against and the order of the Court so passed shall be final.Explanation.—The time required for obtaining the certified copy of the order of confiscation or the order passed under Section 49-B shall be excluded while computing the period of thirty days referred to in this section.
Upon the receipt of any such report, the Magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the property according to law :Provided that before passing any order for disposal of property, the Magistrate shall satisfy himself that no intimation under sub-section (5) of Section 49 has been received by his Court or by any other Court having jurisdiction to try the offence on account of which the seizure of the property has been made.
(1) When any person is convicted of a forest offence all forest produce which is not the property of the Government and in respect of which such offence has been committed, and all tools, boats, carts and cattle used in the commission of such offence, shall be liable, by order of the convicting court, to confiscation.(2) Such confiscation may be in addition to any other punishment prescribed for such offence.
When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated, be taken possession of by a Forest Officer specially empowered in this behalf, in any other case, shall be disposed of in such a manner as the Court may order.
(1) When the offender is not known or cannot be found, the Magistrate inquiring into the offence, if he finds that an offence has been committed, may, on application in this behalf, order the property in respect of which the offence has been committed to be confiscated and taken possession of by a Forest Officer specially empowered in this behalf, or to be made over to such Forest Officer or other person as the Magistrate may consider entitled to the same :Provided that no such order shall be made till the expiration one month from the date of the seizure of such property, or without hearing the person, if any, claiming any right thereto and the evidence, if any, which may produce in support of his claim.(2) The Magistrate shall either cause a notice of any application under sub-section (1) to be served upon any person whom he has reason to believe to be interested in the property seized,
The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under Section 49 and subject to speedy and natural decay, and may deal with the proceeds as he might have dealt with such property if it had not been sold.
Any person claiming to be interested in property seized under Section 49 may, within one month from the date of any order passed by a Magistrate under Section 51, Section 52 or Section 53, present an appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.
When an order for the confiscation of any property has been passed under Section 51 or Section 53, and the period limited by Section 55 presenting an appeal from such order has elapsed, and no such appeal has been presented, or when on such an appeal being presented, the Appellate Court confirms such order in respect of the whole or portion of such property, as the case may be, shall vest in the State Government free from all incumbrances.
Nothing hereinbefore contained shall be deemed to prevent any Forest Officer or other officer empowered in this behalf by the State Government from directing, at any time, the immediate release of any property seized under Section 49, which is not the property of the Government and the withdrawal of any charge made in respect of such property.
(1) Any Forest Officer or Police Officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Regulation, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 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.
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 tree or timber a mark used by Forest Officers to indicate that such tree or timber is the property of the Government or of some person, or that it may lawfully be felled or removed by some person, or(b) unlawfully affixes to any tree or timber a mark used by Forest Officers, or(c) alters, defaces or obliterates any such mark placed on any tree or timber, by or under the authority of a Forest Officer, or(d) alters, moves, destroys or defaces any boundary marks of any forest or waste land to which any provisions of this Regulation apply,shall be punished with imprisonment for a term which is not less than three years, and may extend to seven years or with fine which is not less than five
(1) Any Forest Officer or Police Officer, may, without orders from a Magistrate and without a warrant arrest any person reasonably suspected of having been concerned in any forest offence punishable with imprisonment for one month or upwards, if such person refuses to give his name and residence, or gives a name or residence of which there is reason to believe to be false, or if there is reason to believe that he will abscond.(2) Every officer making an arrest under this section shall, without unnecessary delay take or send the person arrested before a Magistrate having jurisdiction in the case.(3) Any Forest Officer or Police Officer who vexatiously or maliciously arrests any person on the pretence that he is suspected of having been concerned in any forest offence or otherwise as provided by Section 60 (1) of this Regulation shall be punished with imprisonment for a term which may extend
It shall be duty of every Forest Officer and Police Officer to prevent, and any such officer may interfere for the purpose of preventing, the commission of any forest offence.
(1) The State Government may, by notification in the official Gazette, empower a Forest Officer by name, or as holding an office—(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 58 or Section 59 a sum of money by way of compensation for the offence which such person is suspected to have committed, and(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.(2) On payment of such sum of money, or such value or both, as the case may be, to such officer/the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceeding shall be taken against such person or property.(3) No Forest Officer shall be empowered under this
When in any proceedings taken under this Regulation or in consequence of anything done under this Regulation a question arises as to whether any forest produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.
(1) When any person is convicted of felling, cutting, girdling, marking, lopping or tapping trees or of injuring them by fire or otherwise in contravention of this Regulation or of any rules thereunder, the convicting Court may, in addition to the other punishment which it may award, order that person to pay to the State Government such compensation, not less than one thousand rupees for each tree with respect to which the offence was committed, as it may deem just.(2) If the person convicted of the offence committed is the agent or servant of another person, the convicting Court may, unless after hearing that other person, it is satisfied that the commission of the offence was not a consequence of his instigation, or of any neglect or default on his part, order him instead of the person who committed the offence, to pay the compensation referred to in sub-section (1).(3) An appeal from an
When the holder of any lease, licence or contract whatsoever granted or continued by or on behalf of the Government for any of the purposes of this Regulation commits an offence against this Regulation or any rule thereunder, or when any such offence is committed by any agent or servant of the holder of lease, licence or contract, and the State Government is satisfied that the commission of the offence was a consequence of the instigation of such holder, of any neglect or default on his part, the State Government may, by order in writing, declare the lease, licence or contract to be forfeited in whole or in part with effect on and from a date to be specified in the order not being prior to the date of the commission of the offence.
Cattle trespassing in a reserved forest or in a village forest shall be deemed to be cattle doing damage to a public plantation within the meaning of Section 11 of the Cattle Trespass Act, 1871, and may be seized and impounded as such by any Forest Officer or Police Officer.
The State Government may, by notification in the official Gazette, direct that, in lieu of the fines fixed by Section 12 of the Act last aforesaid, there shall be levied for each head of cattle impounded under Section 66 of this Regulation such fines as it thinks fit, but not exceeding the following, namely : Rs. a. p.For each elephant 10 0 0For each buffalo 2 0 0For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow or heifer 1 0 0For each calf, ass, pig, rams, ewe-sheep, lamb, goat or kid 0 8 0.
(1) The State Government may invest any Forest Officer by name, or as holding an office, with all or any of the following powers, namely :(a) power to enter upon any 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 ;(c) power to issue search-warrants under the Code of Criminal Procedure,(d) power to hold inquiries into forest offences, and in the course of such inquiries to receive and record evidence ;(e) power to notify the reasons and manner in which fire may be kindled, kept or carried in a reserved forest;(f) power to grant any permission referred to in Sections 26 and 36 ;(g) power to notify stations for the receptions of drift timber ;(h) power to give public notice of timber collected under Section 43 ;(
All Forest Officers shall be deemed to be public servants within the meaning of the Indian Penal Code.
No suit or criminal prosecution or other legal proceeding shall lie against any public servant or anything done in good faith or omitted to be done likewise under these Regulations or the rules or orders made thereunder.
No Forest Officer shall, as principal or agent, trade in forest produce, or be or become interested in any lease or mortgage of any forest, or in any contract for working in any forest, whether in India or in any foreign territory.
The State Government may make rules consistent with this Regulation :(a) to declare by what Forest Officer or Class of Forest Officers the powers or duties conferred or imposed by or under this Regulation on a Forest Officer are to be exercised or performed ;(b) to regulate procedure of Forest Settlement Officers ;(c) to provide for ejectment of any person who has entered into unauthorised occupation in a forest reserve and for the disposal of any crops raised, or any building or other construction erected without authority in forest reserves ;No Civil Court shall exercise jurisdiction in any matter provided for by the rules made under this clause ;(d) to regulate the rewards to be paid to officers and informers ; and(e) generally, to carry out the provisions of this Regulation.
All rules made by the State Government under this Regulation shall be published in the official Gazette, and shall thereupon have the force of law.
Every person who exercises any right in a reserved forest or village forest, or who is permitted to remove any forest produce from or to pasture cattle or practice jhum cultivation in such forest; andevery 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 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 which he may possess respecting the occurrence of a fire in or near such forest, or the commission of, or intention to commit, any forest offence and shall assist any Forest Officer or Police demanding his aid—(a) in extinguishing any fire occurring in such forest;(b) in preventing any fire which may occur in the vicinity of such forest from spreading to such fo
All money, other fines, payable to the Government under this Regulation, or under any rule made thereunder, or on account of the price of any forest produce or of expenses incurred in the execution of this Regulation in respect 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.
(1) 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 specially empowered in this behalf, and may be retained by him until such amount has been paid.(2) If such amount is not paid when due, such Forest Officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount:Provided that when no price is offered or the price offered in such action is considered inadequate, the sale by such auction shall be stopped and such Forest Officer shall sell the produce in such other manner as the State Government may direct in this behalf.(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 th
The Government shall not be responsible for any loss or damage which may occur in respect of any forest produce while at a revenue station established under a rule made under Section 40, or while detained elsewhere for the purposes of the Regulation, or, in respect of any timber collected under Section 43, and no Forest Officer shall be responsible for any such loss or damage unless he shall have caused the same negligently, maliciously or fraudulently.
Whenever it appears to the State Government that any land is required for any of the purposes of this Regulation such land shall be deemed to be needed for a public purpose, within the meaning of Section 4 of the Land Acquisition Act, 1870.
When any person, in compliance with any rule under this Regulation, binds himself by any instrument to perform any duty or act or covenants by any instrument that he and his servants and agents will abstain from any act, the whole sum mentioned in such instruments 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.__________
Legal Comments
"Introduction" - The Assam Forest Regulation, 1891 governs forest-related offences, penalties, and administration in Assam during British rule; it forms a foundational framework for forest law in the region [: [PDF] The Assam Forest Regulation, 1891. Regulation, shall not affect anything done, or any offence committed, or any fine or penalty imposed, in such place before such exemption. COMMENTS. The ...].
"What Section Says" - Section 79 addresses punishment for certain forest offences; specifically, penalties may include imprisonment up to six months or fines, as laid out in the regulation [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. provided by section 60(t) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ...].
"Essential ingredients" - The core elements include: existence of a forest offence, application of penalty under Section 60/t (referenced in the text), and the possibility of imprisonment up to six months or a fine; these anchor the offence and its punishment under the Regulation [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. provided by section 60(t) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ...].
"Scope of Section" - Section 79 applies to offences specified within the regulation likely connected to penalties for breaches or trespasses in forest areas, aligning with other penalty provisions such as breaches (e.g., Section 41) and general seizure/penalty mechanisms; the exact cross-reference to Section 60(t) indicates a structured schedule of offences and punishments within the Regulation [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. provided by section 60(t) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ...].
"Punishment for Section" - The punishment framework linked to Section 79 includes imprisonment up to six months or fines; later amendments or related penalties in similar sections (e.g., penalties for trespass/damage, or breach) illustrate a pattern of monetary penalties and custodial sentences for forest offences [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. provided by section 60(t) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ...].
"Relation to other sections" - Other sections (e.g., Section 41 on penalties for breach; Section 49 on seizure) provide a complementary framework, suggesting Section 79 sits within a network of penalties and enforcement measures; the coherence between sections reinforces enforcement power over forest offences [: Section 41 in Assam Forest Regulation, 1891 - Indian Kanoon. Section 41. Penalties for breach of ... punishment not exceeding imprisonment for a term which may extend to three ...].
"Procedural aspects" - The Regulation includes enforcement tools like seizure of property liable to confiscation (Section 49) and the possibility of using tools and boats in connection with offences (Section 49 references), pointing to practical proceedings accompanying penalties in Section 79 [: Section 49 in Assam Forest Regulation, 1891 - Indian Kanoon. Seizure of property liable to confiscation. (1)When there is reason to believe that a forest offence has been committed in respect of any forest produce, such ...].
"Offence definition" - The term "forest offence" is central; combined with the definition of "forest produce" (timber, charcoal, caoutchouc, catechu, etc.), the scope of penalties in Section 79 depends on what constitutes an offence under the Regulation; this ties to the broader statutory definitions within the Regulation [: Assam Forest Regulation, 1891 - Indian Employees. (4) "forest produce" includes-. (a) the following, whether found in, or brought from, a forest or not, that is to say-. timber, charcoal, caoutchouc, catechu ...].
"Public policy aim" - The imposition of imprisonment up to six months or fines under Section 79 reflects a deterrent aim typical of colonial forest governance, prioritizing conservation and revenue collection through penalties; this aligns with broader objectives seen in the Regulation to regulate forest use and protect resources [: [PDF] The Assam Forest Regulation, 1891. CHAPTER I - FAOLEX. (2). The Forest Settlement Officer shall ordinarily be a person other than a Forest Officers, but a Forest Officer may be appointed by the state Government to assist ...].
"Historical significance" - Section 79, in the wider context of the Assam Forest Regulation, illustrates early codified penalties for forest offences, shaping subsequent forest law frameworks in Assam and influencing colonial-era enforcement practices [: [PDF] The Assam Forest Regulation, 1891. Regulation, shall not affect anything done, or any offence committed, or any fine or penalty imposed, in such place before such exemption. COMMENTS. The ...].
"Remedial focus" - The statute emphasizes punitive measures rather than rehabilitation, consistent with its time; future reforms (e.g., amendments/modern acts) would later introduce broader remedies, penalties, and administrative procedures beyond six months or fines [: Assam Forest Regulation (amendment) Act, 1995, India-legitquest. "Shall be punished with imprisonment for a term which is not less than one year but may extend to three years or with fine which may extend to five thousand ...].
"Exemption and transitional notes" - There are references noting exemptions or transitional clauses regarding penalties imposed prior to certain exemptions, indicating legislative adjustments while preserving pre-existing penalties; this impacts how Section 79 operates in transitional contexts [: [PDF] The Assam Forest Regulation, 1891. Regulation, shall not affect anything done, or any offence committed, or any fine or penalty imposed, in such place before such exemption. COMMENTS. The ...].
"Penalty severity comparison" - When compared with later provisions (e.g., penalties up to one year to three years under amendments), Section 79 originally prescribes shorter terms, reflecting evolving statutory severity over time; subsequent amendments increased minimum terms in some contexts [: Assam Forest Regulation (amendment) Act, 1995, India-legitquest. "Shall be punished with imprisonment for a term which is not less than one year but may extend to three years or with fine which may extend to five thousand ...].
"Administrative mechanism" - The Regulation contemplates enforcement through Forest Officers and Settlement Officers, implying that penalties under Section 79 would be implemented within an administrative framework involving inspectors, seizure, and court processes [: The Assam Forest Regulation, 1891. The Forest Settlement Officer shall ordinarily be a person other than a Forest Officers, but a Forest Officer may be appointed by the state Government to assist ...].
"Relation to forest produce" - The punishment under Section 79 is linked to offences concerning forest produce; this reinforces the nexus between the offence, the object (forest produce), and the corresponding punishment, as reinforced by definitions of forest produce [: Assam Forest Regulation, 1891 - Indian Employees. (4) "forest produce" includes-. (a) the following, whether found in, or brought from, a forest or not, that is to say-. timber, charcoal, caoutchouc, catechu ...].
"Jurisdictional reach" - The Regulation extends to the whole of territories administered by the Government of Assam, indicating that Section 79 applies uniformly across the region under its control during the period; enforcement authority vested in the Government translates to local application in districts and forests [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. A REGULATION TO AMEND THE LAW RELATING TO FORESTS, FOREST PRODUCE AND THE DUTY LEVIABLE ON TIMBER IN. ASSAM. Whereas it is expedient to amend the Law relating ...].
"Overlap with trespass penalties" - Penalties for trespass or damage in reserved forests (as seen in related sections) show that penalties under Section 79 operate alongside broader trespass sanctions; there is a spectrum of penalties depending on the nature of the offence and the forest area involved [: assam forest regulation 1891 - Indian Kanoon. Assam ; Forest ; Regulation, ; 1891 24. Penalties for trespass or damage in reserved ; forests. - Any person, who in a reserved ...].
"Seizure and confiscation context" - The possibility of seizure of tools, boats, and other implements in connection with offending conduct (Section 49) complements punitive measures in Section 79, enabling immediate enforcement of penalties and preventing disposal of illicit forest produce [: Section 49 in Assam Forest Regulation, 1891 - Indian Kanoon. Seizure of property liable to confiscation. (1)When there is reason to believe that a forest offence has been committed in respect of any forest produce, such ...].
"Impact on revenue and governance" - The penalty framework supports the Regulator’s revenue objectives through fines and penalties while also enforcing conservation measures; this dual purpose aligns with colonial governance strategies of resource control and state supervision of forests [: The Assam Forest Regulation, 1891. CHAPTER I - FAOLEX. (2). The Forest Settlement Officer shall ordinarily be a person other than a Forest Officers, but a Forest Officer may be appointed by the state Government to assist ...].
"Consistency with modern references" - Later citations and summaries from Indian Kanoon and FAOLEX indicate consistent framing of penalties and enforcement, and show how Section 79 aligns with other penalty provisions across the Regulation’s corpus; this aids comparative understanding with later statutes [: Section 41 in Assam Forest Regulation, 1891 - Indian Kanoon. Section 41. Penalties for breach of ...; : [PDF] ASSAM FOREST REGULATION 1891 CHAPTER I - FAOLEX.].
"Drafting style and clarity" - The language of penalties (imprisonment up to six months, or fines) reflects 19th-century statutory drafting, using straightforward custodial or pecuniary sanctions, a pattern seen in many regulatory codes of that era [: [PDF] The Assam Forest Regulation, 1891. Regulation, shall not affect anything done, or any offence committed, or any fine or penalty imposed, in such place before such exemption.].
"Potential limitations" - Given historical context, enforcement may depend heavily on local magistrates and enforcement officers; without modern due-process protections, penalties could be applied with limited procedural safeguards, a common feature of laws of that period [: Assam Forest Regulation, 1891 - Indian Employees. (4) "forest produce" includes-.].
"Cross-referencing to amendments" - References to amendments and later Acts (e.g., 1995 amendment increasing penalties) illustrate legal evolution; readers should consider how Section 79 interacts with modern equivalents when tracing the lineage of forest offence penalties in Assam [: Assam Forest Regulation (amendment) Act, 1995, India-legitquest.].
"Practical interpretation note" - For practitioners, Section 79 signals that for certain forest offences, the maximum penalty includes both custodial and financial punishment; should verify the specific offence type and corresponding section cited (e.g., 60(t)) to determine exact punishable limits in the given case [: [PDF] ASSAM FOREST REGULATION 1891 (7 of 1891) | India Code. provided by section 60(t) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to ...].
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