FOREST ACT, 1927
(1) This Act may be called the Indian Forest Act, 1927.
1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.
(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force in the whole or any specified part of that State to which this Act extends and where it is not in force.]
State Amendments
Gujarat.—In section 1,—
(a) in sub-section (2), add the following provi
In this Act, unless there is anything repugnant in the subject or context,—
(1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) “Forest-officer” means any person whom 1[***] the 2[State Government] or any office empowered by 1[***] the 2[State Government] in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer;
(3) “forest-offence” means an offence punishable under this Act or under any rule made thereunder;
(4) “forest-produce” includes—
The 1[State Government] may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.
State Amendment
Uttar Pradesh.—For section 3, substitute the following section namely:—
“3. Power to reserve forest.—The State Government may constitute any forest land or waste land or any other land (not being land for the time being comprised in any holding or grove or in any village abadi) which is the property of the Government or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled, a reserved fores
(1) Whenever it has been decided to constitute any land a reserved forest, the 1[State Government] shall issue a notification in the 2[Official Gazette]—
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.
Explanation.—For the purpose of clause (b), it shall be sufficient to describe the
After the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the 1[Government] or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the 2[State Government] in this behalf.
State Amendment
Uttar Pradesh.—For section 5, substitute the following section, namely:—
“5. Bar of accrual of forest rights.—After the issue of the notification under section 4 no right shall be acquired in or over the land comprised in such notification, except by succession
When a notification has been issued under section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation—
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of
The Forest Settlement-officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.
For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:—
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
Rights 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 7, shall be extinguished, unless before the notification under section 20 is published, 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 6.
(1) In the case of a claim relating to the practice of shifting 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 1[State Government], together with his opinion as to whether the practice should be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion, the 1[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
(1) In the case of a claim to a right in or over any land, other than a right of way or right of pasture, or a right to forest-produce or a water-course, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(3) For the purpose of so acquiring such land—
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In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
State Amendment
Gujarat: Maharashtra.—Section 12 shall be renumbered as sub-section (1) of that section and after the sub-section so renumbered, insert the following sub-section namely:—
“(2) A copy of the order passed under sub-section (1) shall be furnished to the claimant by the Forest Settlement-officer and another copy of that order shall be forwarded to the Forest Officer who attended the inquiry or, if no such officer attended, to the Divisional Forest Officer.”
[Vide Gujarat Act 15 of 1960, sec. 6 (d), (w.e.f. 8-12-1960): Maharashtra Act 6 of 1961, sec. 6 (w.e.f.
The Forest Settlement-officer, when passing any order under section 12, shall record, so far as may be practicable,—
(a) the name, father’s name, caste, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed.
If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.
(1) After making such record the Forest Settlement-officer shall, to the best of his ability, having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.
(2) For this purpose the Forest Settlement-officer may—
(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or
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In case the Forest Settlement-officer finds it impossible having due regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the 1[State Government] may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.
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1. Subs. by the A.O. 1950, for “Provincial Government”.
Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the 1[State Government] in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11, section 12, section 15 or section 16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Collector, as the 1[State Government] may, by notification in the 2[Official Gazette], appoint to hear appeals from such orders:
Provided that the 1[State Government] may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the 1[State Government], and when the Forest Court has been so established, all such appeals shall be presented to it.
State Amendments
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(1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision b
The 1[State Government], or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the appellate officer or Court, in the course of any inquiry or appeal under this Act.
State Amendment
Uttar Pradesh.—For section 19, substitute the following section, namely:—
“19. Pleaders.—The State Government or any person who has made a claim under this Act may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer or the District Judge in the course of any inquiry or appeal under this Act.”
[Vide Uttar Pradesh Act 23 of 1965, sec. 7 (w.e.f. 23-11-1965).]
(1) When the following events have occurred, namely:—
(a) the period fixed under section 6 for preferring claims have elapsed and all claims (if any) made under that section or section 9 have been disposed of by the Forest Settlement-officer;
(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act,
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The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.
The 1[State Government] may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16.
State Amendment
Uttar Pradesh.—For section 22, substitute the following section, namely:—
“22. Powers to revise arrangements made under section 15 or section 18.—The State Government may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or on appeal under section 18, an
No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the 1[Government] or some person in whom such right was vested when the notification under section 20 was issued.
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1. Subs. the A.O. 1950, for “Crown”
(1) Notwithstanding anything contained in section 23, no right continued under clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease mortgage or otherwise, without the sanction of the 1[State Government]:
Provided that, when any such right is appendant to any land or house, it may be sold or otherwise alienated with such land or house.
(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14.
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1. Subs. by the A.O. 1950, for “Provincial Government”.
The Forest-officer may, with the previous sanction of the 1[State Government] or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a substitute for the way or water-course so stopped, which the 1[State Government] deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.
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1. Subs. by the A.O. 1950, for “Provincial Government”.
(1) Any person who—
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the 1[State Government] in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest;
or who, in a reserved forest—
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf;
(d) trespasses or pastures cattle, or permits cattle to trespass;
(e) causes any damage by negligence in felling any tree or cutting or dragging any timber;
(1) The 1[State Government] may, 2[***] by notification in the 3[Official Gazette], direct that, from a date fixed by such notification, any forest or any portion thereof reserved under the Act shall cease to be a reserved forest.
(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.
State Amendment
Maharashtra.—In section 27, in sub-section (1), after the words “State Government”, insert the word “or subject to the general or special orders of the State Government, the Commissioner”.
[Vide Maharashtra Act 8 of 1958, sec. 3(4) and Sch. read with Maharashtra Government Gazette, Pt. IVB, dated 13th June, 1980.]
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(1) The 1[State Government] may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests.
(2) The 1[State Government] may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest.
(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests.
State Amendment
Maharashtra: Gujarat.—In se
(1) The 1[State Government] may, by notification in the 2[Official Gazette], declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be called a “protected forest”.
(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the 1[State Government] thinks sufficient. Every such record shall be presumed to be co
The 1[State Government] may, by notification in the 2[Official Gazette],—
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;
(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the 1[State Government] thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right suspended in the portion so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to a
The Collector shall cause a translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification.
The Indian Forest Act, 1927, was enacted to consolidate the law relating to forests, the transit of forest produce, and the duties leviable on timber and other forest produce. Section 31 specifically addresses the requirement for the publication of notifications regarding protected forests, ensuring that local communities are informed about the legal status of forest lands.
Section 31 mandates that the Collector must cause a translation of every notification issued under Section 30 into the local vernacular and affix it in a conspicuous place in every town and village in the neighborhood of the forest. This is to ensure that the local population is aware of the protected status of the forest.
The scope of Section 31 extends to all notifications issued under Section 30 regarding the declaration of protected forests. It emphasizes the importance of public awareness and compliance with legal procedures to ensure that local communities are informed about restrictions and protections in place.
While Section 31 itself does not prescribe specific penalties, failure to comply with its provisions can lead to challenges in the enforcement of related sections, such as Section 33, which deals with penalties for offenses in protected forests. The lack of proper notification can undermine legal actions taken against violators.
This commentary highlights the critical role of Section 31 in the Indian Forest Act, 1927, emphasizing its mandatory nature, the importance of local awareness, and the legal implications of compliance and non-compliance.
The 1[State Government] may make rules to regulate 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 protected forests;
(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licences by such persons;
(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licences by such persons;
(d) the payments, if any, to be made by the
(1) Any person who commits any of the following offences, namely:—
(a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether
Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.
State Amendments
Madhya Pradesh.—After section 34, insert the following section, namely:—
“34A. Power to declare forests no longer protected.—(1) The State Government may by notification direct that from a date fixed in that behalf by such notification, any forest or portion thereof protected under this Act, shall cease to be a protected forest.
(2) Fr
(1) The 1[State Government] may, by notification in the 2[Official Gazette], regulate or prohibit in any forest or waste-land—
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary 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, or the protection o
(1) In case of neglect of, or wilful disobedience to, any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that section so require, the 1[State Government] may, after notice in writing to the owner of such forest or land and after considering his objections, if any, place the same under the control of a Forest-officer, and may declare that all or any of the provisions of this Act relating to reserved forests 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 said owner.
State Amendment
Madhya Pradesh.—In section 36, after sub-section (2), add the following sub-sections, namely:—
“(3) For the purpose of c
(1) In any case under this Chapter in which the 1[State Government] considers that, in lieu of placing the forest or land under the control of a Forest-officer, the same should be acquired for public purposes, the 1[State Government] may proceed to acquire it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(2) The owner of any forest or land comprised in any notification under section 35 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 1[State Government] shall acquire such forest or land accordingly.
State Amendments
Delhi.—In section 37, in sub-section (2), for the words “not less than three”, substitute the words “not less than seven”.
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(1) The owner of any land 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, with a view to the formation or conservation of forests thereon, represent in writing to the Collector their desire—
(a) that such land be managed on their behalf by the Forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or
(b) that all or any of the provisions of this Act be applied to such land.
(2) In either case, the 1[State Government] may, by notification in the 2[Official Gazette], apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be desired by the applicants.
Sta
(1) The 1[Central Government] may levy a duty in such manner, at such places and at such rates as it may declare by notification in the 2[Official Gazette] on all timber or other forest-produce—
(a) which is produced in 3[the territories to which this Act extends], and in respect of which the 4[Government] has any right;
(b) which is brought from any place outside 2[the territories to which this Act extends].
5[***]
(2) In every case in which such duty is directed to be levied ad valorem the 1[Central Government] may fix by like notification the value on which such duty shall be assessed.
(3) All duties on timber or other forest-produce which, at the time when this Act comes into force in
Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.
Notwithstanding anything in section 41, 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 2[the territories to which this Act extends] across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section.]
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1. Ins. by the A.O. 1937.
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ‘‘Part A States and Part C States’’.
(1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the 1[State Government], and it may make rules to regulate the transit of all timber and other forest-produce.
(2) In particular and without prejudice to the generality of the foregoing power such rules may—
(a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within 2[the State];
(b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;
(1) The 1[State Government] may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
(2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence.
State AmendmentS
Bihar.—For section 42, substitute the following section, namely:—
“42. Penalty for breach of rules made under section 41.—The State Government may by such rules prescribe as penalties for the contravent
The 1[Government] shall not be responsible for any loss or damage which may occur in respect of any timber or other forest-produce while at a depot established under a rule made under section 41, or while detained elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
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1. Subs. by the A.O. 1950, for “Crown”.
In case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the 1[Government] or by any private person, shall render assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or loss.
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1. Subs. by the A.O. 1950, for “Crown”.
(1) All timber found adrift, beached, stranded or sunk;
all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and
in such areas as the 1[State Government] directs, all unmarked wood and timber,
shall be deemed to be the property of Government, unless and until any person establishes his right and title thereto, as provided in this Chapter.
(2) Such timber may be collected by any Forest-officer or other person entitled to collect the same by virtue of any rule made under section 51 and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber.
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Public notice shall from time to time be given by the Forest-officer, of timber collected under section 45. 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 not less than two months from the date of such notice, 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 according 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 who he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of an order from any such Court for its disposal.
(3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the 1[Government], or against any Forest-officer on account of such reje
If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the Government, or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him.
The 1[Government] shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
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1. Subs. by the A.O. 1950, for “Crown”.
No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest-officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 51.
(1) The State Government 1[may, by notification in the Official Gazette, make rules] to regulate the following matters, namely:—
(a) the salving, collection and disposal of all timber mentioned in section 45;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and
(d) the use and registration of hammers and other instruments to be used for marking such timber.
2[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) The
(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, carts or cattle used in committing any such offence, 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 seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official su
Any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner thereof 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.
State Amendments
Goa.—In section 53, for the words and figures “or cattle under sections 52, may release”, substitute the words, figures and letters “vehicle, cattle, or any other contrivance under section 52, may, subject to the provision of section 61G release”.
[Vide Goa Act 15 of 1989, sec. 6 (w.e.f. 10-8-1989).]
Gujarat: Maharashtra.—In section 53,—
Upon the receipt of any such report, the Magistrate shall, with all convenient despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.
State Amendments
Gujarat.—Omit section 54.
[Vide Gujrarat Act 19 of 1983, sec. 4 (w.e.f. 24-5-1983).]
Madhya Pradesh.—In section 54 for full stop, substitute a colon and thereafter, inserts the following proviso, namely:—
“Provided that before passing any order for disposal of property, the magistrate shall satisfy himself that no intimation under sub-section (4) of section 52 has been received by his Court or by any other Court having jurisdiction to try the offence on accoun
(1) All timber or forest-produce which is not the property of Government and 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.
State Amendments
Gujarat.—In section 55, in sub-section (1),—
(1) for the word “carts”, substitute the word “vehicles”.
[Vide Gurarat Act 150 of 1960, secs. 3, 4(2) (w.e.f. 8-12-1960).]
(2) for the words “shall be liable” substitute the words, figures and letter “shall subject to section 61G, be liable”.
&nb
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 charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.
State Amendments
Goa.—In section 56,—
(i) for the words “has been confiscated”, substitute the words “has been forfeited”;
(ii) for the words “in any other case, may be disposed”, substitute the words, figures and letters “in any other case may, subject to provisions of section 61G, be disposed”
[Vide Goa Act 15 of 1989, sec. 8 (w.e.f. 10-8-1989).]
&nbs
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.
State Amendments
Goa.—In section 57,—
(i) after the words “that an offence has been committed.” insert the words, figures and letters “subject to the provisi
The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.
State Amendments
Goa.—For section 58, substitute the following section, namely—
“58. Procedure as to perishable property seized under section 52.—The Forest-officer who made the seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell the property if it is subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report every such sale to his superior officer.”
&n
The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, 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.
State Amendments
Goa.—In section 59, for the words “one month”, substitute the words and figures “45 days”.
[Vide Goa Act 15 of 1989, sec. 10 (w.e.f. 10-8-1989).]
Himachal Pradesh.—In section 59,—
(A) (a) in the heading, after the words “orders under section” but before the figure “55”, insert the figure, alp
When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all incumbrances.
State Amendments
Goa.—In section 60, for the word “confiscation”, substitute the word “forfeiture”.
[Vide Goa Act 2 of 1990, sec. 4 (w.e.f. 29-3-1990).]
Himachal Pradesh.—For section 60, substitute the following sectio
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 section 52.
State Amendments
Goa.—In section 61, for the words and figures “under section 52”, substitute the words and figures “under section 52 which is not the property of the Government and the withdrawal of any charge made in respect of such property”.
[Vide Goa Act 15 of 1989, sec. 12 (w.e.f. 10-8-1989).]
Himachal Pradesh.—In section 61, after the figure “52” but before the sign “.” occurring at the end, insert the signs and words”, which is not the property of the Government, and the withdrawal of any charge made in respect of such property.”
&nb
Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
State Amendments
Goa.—For section 62, substitute the following section, namely:—
“62. Punishment for wrongful seizure.—(1) Any Forest-officer or Police Officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to forfeiture under this Act shall on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to five hundred rupees, or with both.
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 tree a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or
(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied,
shall be punishable with imprisonment for a term which may extend to two years, or with
(1) Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.
State Amendments
Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station.
State Amendments
Gujarat.—In section 65, for the words “a Ranger”, substitute the words “a Ranger, any Police Officer of a rank not inferior to that of Sub-Inspector or any Revenue-officer of a rank not inferior to that of a Mahalkari.
[Vide Gujarat Act 15 of 1960, sec. 6(i) (w.e.f. 8-12-1960).]
Maharashtra.—Same as in Gujarat, with addition that after the word “Mahalkari” “or Tehsildar”.
Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.
State Amendments
Gujarat.—In section 66, for the words “every Forest-officer and Police-Officer”, substitute the words “Every Forest-officer, Police-Officer and Revenue-officer”.
[Vide Gujarat Act 15 of 1960, sec. 6(j) (w.e.f. 8-12-1960).]
Maharashtra.—Same as in Gujarat.
[Vide Maharashtra Act 6 of 1961, sec. 12 (w.e.f. 3-12-1961).]
Bihar.—After section 66 insert the following section, namely:—
“66A. Eviction of encroachment from Government Forest Land.—(1) Encroach
The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the 1[State Government] may try summarily, under the *Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.
State Amendments
Bihar.—For section 67, substitute the following section, namely:—
“67. Notwithstanding anything to the contrary contained either in the Criminal Procedure Code, 1973 or any other law for the time being in force, the State Government may, by notification in the Official Gazette constitute a special court with powers of first class magistrate for the trial of all forest offences punishable with imprisonment for a term which may extend to two yea
(1) The 1[State Government] may, by notification in the 2[Official Gazette], 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 62 or section 63, 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 the 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
When in any proceedings taken under this Act, or in consequence of anything done under this Act, 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.
Cattle trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damages to a public plantation within the meaning of section 11 of the Cattle-trespass Act, 1871 (1 of 1871), and may be seized and impounded as such by any Forest-officer or Police-officer.
The 1[State Government] may, by notification in the 2[Official Gazette], direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded under section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:—
For each elephant . . . . ten rupees
For each buffalo or camel . . . . two rupees
For each horse, mare, gelding, pony, colt one rupee
filly, mule, bull, bullock, cow, or heifer .
(1) The 1[State Government] may invest any Forest-officer with all or of the following powers, that is to say:—
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898)*; and
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequen
All Forest-officers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).
No suit shall lie against any public servant for anything done by him in good faith under this Act.
State Amendments
Madhya Pradesh.—For section 74, substitute the following section, namely:—
“74. Ideminity for acts done in good faith.—No suit prosecution or other legal proceeding shall be against any public servant for anything done in good faith or omitted to be done likewise, under this Act or the rules or orders made thereunder.”
[Vide Madhya Pradesh Act 25 of 1983, sec. 8.]
Punjab.—For section 74, substitute the following section, namely:—
“74. Indemnity for acts done in good faith.—(1) No suit or prosecution or any other le
Except with the permission in writing of the 1[State Government], no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside 2[the territories to which this Act extends].
—————
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ‘‘Part A States and Part C States’’.
The 1[State Government] may make rules—
(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;
(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and
(d) generally, to carry out the provisions of this Act.
State Amendment
Punjab: Haryana: Chandigarh.—In section 76, in clause (c), between the word “timber” and the word “belonging”, insert the words “or other
Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both.
State Amendment
Madhya Pradesh.—In section 77, for the words “extend to one month, or fine which may extend to five hundred rupees”, substitute the words “extend to six months, or with fine which may extend to one thousand rupees”.
[Vide Madhya Pradesh Act 9 of 1965, sec. 15 (w.e.f. 20-3-1965).]
Punjab.—In section 77, for the words “one month, or fine which may extend to five hundred rupees, or both”, the words “six months, or fine which may extend to two thousand rupees, or with both” shall be substitut
All rules made by the 1[State Government] under this Act shall be published in the 2[Official Gazette], and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein.
State Amendments
Gujarat.—Renumber section 78 as sub-section (1) thereof and after it insert the following sub-section, namely:—
“(2) All rules made by the State Government under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made and shall subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.”
[Vide Gujarat Act 15 of 1960, sec. 6(m) (w.e.f. 8-12-1960).]
&nbs
(1) Every person who exercises any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and
Every person in any village contiguous to such forest who is employed by the 1[Government] or who receives emoluments from the 1[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-offence, and shall forthwith take steps, whether so required by any Forest-officer or Police-officer or not,—
(a) to extinguish any for
(1) If the Government and any person be jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the 1[State Government] may either—
(a) undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.
(2) When the 1[State Government] undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the 2[Official Gazette], declare that any of the provisions contained in Chapters II and IV shall apply to such for
If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest-produce of which the Government is entitled upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the 1[State Government] that such service is no longer so performed:
Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the 1[State Government].
—————
1.
All money payable to the Government under this Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of expenses incurred in the execution of this Act in respect of such produce, 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.
State Amendments
Gujarat.—In section 82, after the words “such produce”, insert the words “or on account of compensation or value of property undertaken to be paid under section 68”.
[Vide Gujarat Act 15 of 1960, sec. 6 (n) (w.e.f. 8-12-1960).]
Haryana.—For section 82, substitute the following section, namely:—
82. Recovery of money due to Government.—All
(1) When any such money is payable for or in respect of any forest-produce, the amount thereof shall deemed to be a 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 two months from the date of the sale by the person entitled thereto, shall be forfeited to 1[Government].
—————
1. Subs. by the A.O. 1950, for “Crown”.
Whenever it appears to the State Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894).
State Amendments
Himachal Pradesh.—After section 84, insert the following section, namely:—
“84A. Validity of settlements, etc. of convenanting States.—For the removal of doubts, it is hereby declared that every settlement or arrangement made before the 20th August, 1948, under the authority of any covenanting State forming part of the territories referred to in sub-section (2A) of section 1, with respect to any claims or rights of any person admitted by the Government of that State to be in existence in any of the forests or waste lands wh
When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act or covenants by any bond or instrument that he, or that he and his 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 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land revenue.
State Amendment
Maharashtra: Gujarat.—Renumber section 85 as sub-section (1) of that section, and after sub-section (1) so renumbered, insert the following sub-section, namely:—
“(2) If any question arises—
Nothing in this Act shall authorise a Government of any State to make any order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.]
—————
1. Section 85A ins. by the A.O. 1937 and subs. by the A.O. 1950.
[Rep. by Repealing and Amending Act, 1947 (2 of 1948), sec. 2 and Sch.].
[Rep. by the Repealing and Amending Act, 1947 (2 of 1948), sec. 2 and Sch.].
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