RAJASTHAN FOREST ACT, 1953
(1) This Act may be called the Rajasthan Forest Act, 1953.
(2) It extends to 1[the whole of the State of Rajasthan] and shall come into force on such 2[date as the3[State Government] may, by notification in the 1[Official Gazette] appoint in that behalf.
Date of Commencement.
In exercise of the powers conferred under sub-Section (2) of Section 1 of the Rajasthan Forest Act, 1953 (Raj. Act No. 13 of 1953) the State Government of Rajasthan hereby appoints First of June, 1953 as the date when the said Act shall come into force.
_____________
1. Substituted by item No. 23 of the Schedule of Rajasthan Act No. 27 of 1957. Pub. in Raj. Gaz. Part IV-A,Extraordinaiy, dated 13-8-1957.
&nb
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 the 1[State Government] or any officer empowered by the 1[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;
2[(4) "forest produce" includes-
(a) the following whether found in, or brough
1The [State Government] may constitute any forest land or waste land, which is the property of 1[the State Government] or over which the 1[State Government] has proprietary rights or to the whole or any part of the forest produce of which the 1[State Government] is entitled, a reserved forest in the manner hereinafter provided.
_____________
1 Substituted by sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Part IV-A Extra-ordi., dt. 13-8-1957.
Notification by1[the State Government]
(1) Whenever it has been decided to constitute any land a reserved forest, the 1[State Government] shall issue a notification in the 1[State 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 enquire 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
After the issue of a notification under Sec. 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[State 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 1[State Government] in this behalf.
_____________________
1 Substituted by sec. 3 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Part IV-A Extra-ordi., dt. 13-8-1957.
When a notification has been issued under Sec. 4, the Forest Settlement Officer shall publish in Hindi in writing as well as by beat of drum in every town and village in the neighbourhood of the land comprised therein, a proclamation -
(a) specifying, as nerely as possible, the situation and limits of the proposed forest.
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of forest; and
(c) fixing a period of not less than three months from the date of such proclamation requiring every person claiming any right mentioned in Sec. 4 or Sec. 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 compensation (if
The Forest Settlement Officer shall take down in writing all statements made under Sec. 6, and shall not some convenient place inquire into all claims duly preferred under that section and the existence of any rights mentioned in Sec. 4 or Sec. 5 and not claimed under Sec. 6 so far as the same may be ascertainable from the records of 1[State Government] and the evidence of any person likely to be acquainted with the same.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, Pub. in Raj. Gaz., Part IV-A Extra-ordi., dt. 13-8-1957.
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 power of a Civil Court in the trial of suits.
Rights in respect of which no claim has been preferred under Sec. 6, and of the existence of which no knowledge has been acquired by inquiry under Sec. 7, shall be extinguished, unless before the notification under Sec. 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 Sec. 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 locality
(1) In the case of a claim to a right in or over any land other than the following rights:-
(a) a right of way,
(b) a right to water-course or to use of water;
(c) a right of pasture; or
(d) a right to forest produce;
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 right; or
In the case of a claim to rights of the kind special in clauses (a), (b), (c) and (d) of Sec. 11, the Forest Settlement Officer, shall pass an order admitting or rejecting the same in whole or in a part.
The Forest Settlement Officer, when passing any order under Sec. 12, shall record, so far as may be practicable.
(a) the name, father's name, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all field or groups of fields (if any) and the designation and position of all building (if any) in respect of which the exercise of such rights is claimed.
In regard to a claim to a right of pasture or to forest produce admitted under Sec. 12, the Forest Settlement Officer shall record the extent to which the claims 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 tome 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 this rights claimed may be sold or bartered.
(1) After making such record, the Forest Settlement Officer shall, 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 purpose of the claimants; or
(c) record an ord
In case the Forest Settlement Officer finds it impossible, having due regard to the maintenance of the reserved forest, to make settlement under Sec. 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 sum of money in lieu thereof, or by the grant of land, or in such other manners, as he thinks fit.
__________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dt. 13-8-1957.
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 Sec. 11, Sec. 12, Sec. 15 or Sec. 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 1[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.
__________
(1) Every Appeal under Sec. 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 Sec. 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 by the majority of the members of such Court, as the case may be, shall, subject only to revision by the 1[State Go
The 1[State Government] or any person who has made a claim under this Act, may appoint any person to appear, plead 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.
__________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1.957, pub. in Raj. Gaz., Part IV-A, Exta-ordi., dt. 13-8-1957.
(1) When the following events have occurred, namely:-
(a) the period fixed under Sec. 6 for preferring claims had elapsed and all claims, if any, made under that Section or Sec. 9 have been disposed of by the Forest Settlement Officer;
(b) if any such claim have been made, the period limited by Sec. 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented without such period have been disposed of by the appellate Officer of Court, and
(c) all lands (if any) to by included in the proposed forest, which the Forest Settlement Officer has, under Sec. 11, elected to acquire under the law for the time being in force, relating to compulsory acquisition of land, have become vested in the 1[State Government] under such law.
The Forest Officer shall, before the date fixed by such notification, cause a translation thereof in Hindi to be published in every town and village in the neighbourhood of the forest.
1[(1)] The 2[State Government], may, within five years from the publication of any notification under Sec. 20 revise any arrangement made under Sec. 15 or Sec. 18, and may for this purpose rescined or modify any order made under Sec. 15 or Sec. 18, and direct that any one of the procceding specified in Sec. 15 taken in lieu of any other of such proceedings, or that the right admitted under Sec. 12 be commutted under Sec. 16:
Provided that no such arrangement shall be rescinded or modified unless previous notice has been given to the persons likely to be affected by such revision and they have been heard.
3[(2) The State Government may, by notification in the Official Gazette, delegate all or any of its powers under this section to the Board of Revenue or to any authority named in such notification.]
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[State Government] or some person in whom such right was vested when notification under Sec. 20 was issued.
______________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 19S7, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dt. 13-8-1957.
(1) Notwithstanding anything contained in Sec. 23, no right continued under clause (c) of sub-Sec. (2) of Sec. 15 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the1[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 Sec. 14.
________________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 19S7, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dt. 13-8-1957.
The Forest Officer may, with the previous sanction of the 1[State Government] or 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 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,
___________________________
1. Subs. by sec. 4 of Raj. Act No. 27 of 1957] pub. in Raj. Gaz., Part IV-A, Extra-ordi., dt. 13-8-1957.
(1) Any person who-
(a) makes fresh clearing prohibited by Sec. 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, at 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 2[uprooting converting] any tree or cutting or dragging any timber;
(f) fell 2[up roots] girdles, lops, taps or burns any tree 2[or par
1[(1) 2[State Government] may make rules to regulate the following matters in respect of reserved forests, namely: -
(a) making of fresh clearings for cultivation or for any other purpose;
(b) the continuance of the practice of shifting cultivation;
(c) the grazing of cattle or the carrying of forest produce by persons whose claim to the right of pasture or right to forest produce or right of way or water-course is admitted under Sec. 12;
(d) the kindling, keeping or carrying of fire;
(e) the felling, uprooting, tapping, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce, from such forests;
(f) the e
(1) The 1[State Government] may by notification, in the 1[Official Gazette], direct that, from a date fixed by such notification, any forest or any portion thereof reserved under this 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.
_____________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj, Gaz., Part IV-A, Extra-ordi., dt. 13-8-1957.
(1) The 1[State Government] may assign to any village community, the rights of 1[State 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 the village forests.
_____________________
1 Su
(1) The 1[State Government] may, by notification in the 1[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 1[State Government] or over which the 1[State Government] has proprietary rights or to the whole or any part of the forest produce of which the 1[State 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 1[State 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 rec
The 1[State Government] may, by notification in the 1[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 term, provided that the reminder of such forest be sufficient and a locality reasonably convenient, for the due exercise of the rights 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 any manufacturing process, or remo
The Forest Officer shall cause a translation in Hindi of every notification issued under Sec. 30 to be affixed in a conspicuous place in every town and village in the neighborhood of the forest comprised in the notification.
1[State Government] may makes 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 licenses to the inhabitants of towns & villages in the vicinity of protected forests to take trees, timber or other forest produce for then-own use, and the production and return of such licenses by such persons;
(c) the granting of licenses to persons felling or removing trees or timber of other forest produce from such forests for the purposes of trade, and the productions and return of such licenses by such persons;
(d) the payment, if any, to be made by the persons mentioned in clauses (b) and (
(1) Any person who commits any of the following offences, namely: -
(a) fell, girdles, lops, taps or burns any tree reserved under Sec. 30. or strips off the bark or leaves from or otherwise damages, any such tree;
(b) contrary to any prohibition under Sec. 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 the prohibition under Sec. 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 fires without taking all reasonable precautions to prevent its spreading to any tree reserved under Sec. 30, whether standing, fallen or felled or to any closed portion of such forest
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 Sec. 32 or, except as regards any portion of a forest closed under Sec. 30, or as regards any rights the exercise of which has been suspended under Sec. 33, in the exercise of any right recorded under Sec. 29.
CHAPTER V
Of the control over Forest and Lands not being the properly of 1[the State Government]
(1) The 1[State Government] may, by notification in the 1[Official Gazette] regulate or prohibit in any forest or wasteland:-
(a) the breaking up or clearing of land for cultivation,
(b) the pasturing of catties; or
(c) the firing or clearing of the vegetation;
2[(d) the unregulated falling of trees;]
when such regulation or prohibition appears necessary for any of the following purposes:-
(i) for protection against storms, winds, rolling stones and floods;
(1) In case of neglect of, or willful disobedience to, any regulation or prohibition under Sec. 35, or if the purpose of any work to be construed under that section so require, the 1[State Government] may, after notice in writing to the owner of such forest or 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.
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
(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 acquire for public purposes, the1[State Government] may proceed to acquired it in the manner provided by the 2[Rajasthan Land Acquisition Act, 1953 (Rajasthan Act XXIV of 1953)].
(2) The owner of any forest or land comprised in any notification under Sec. 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.
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
(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 formation or conservation of forests thereon, represent in writing to the Collector their desire-
(a) that such land 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 lands.
(2) In either cases, the 1[State Government] may, by notification in the 1[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.
___________
(1) The 1[State Government] may, levy a duty in such manner at such places and at such rates as it may declare by notification in the 1[Official Gazette] on all timber, or certain classes of timber or other forest produce which is produce in 1[the State of Rajasthan] and in respect of which the 1[State Government] has any right.
(2) In every case in which such duty is directed to be levied ad valorem, the 1[State 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 any territory, are levied therein under the authority of the 1[State this Act.
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in
Nothing in this chapter shall be deemed to affect 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.
(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[the 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 specified forest produce may be imported, exported or moved into, from or within 1[State of Rajasthan];
(b) prohibit the import or export or moving of such timber or other produce within defined local limits, without a pass from an officer duly authorised to issue the same or otherwise than in accordance with the conditions of such pass;
&nbs
(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.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
1[State Government] and Forest Officers not liable for damage to Forest produce at depots
The 1[State 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 Sec. 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.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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[State 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.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
Certain kinds of timber to be deemed property of the 1[State Government] until title thereto proved and may be collected accordingly
(1) All timber found adrift beached, stranded or sunk;
All wood or timber bearing marks which have not been registered in accordance with rules made under Sec. 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and
in such areas the 1[State Government] directs, all unmarked wood and timber;
shall be deemed to be the property of 1[the State Government,] unless and until any person establishes his right and title thereto, as provided in this chapter.
(2) Such wood and timber may be collected by any Forest Officer or other person entitled
Public notice shall from time to time be given by the Forest Officer of timber collected under Sec. 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 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 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[State Government] or against any Forest Officer, on account of suc
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 Sec. 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 Sec. 47, the ownership of such timber shall vest in the 1[State Government] or when such timber has been delivered to another person under Sec. 47 in such other person free from all encumbrances not created by him.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
1[State Government] and its officers not liable for damage to such timber
The 1[State Government] shall not be responsible for any loss or damage which may occur in respect of any timber collected under Sec. 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.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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 Sec. 51.
(1) The 1[State Government] may make rules to regulate the following matters, namely:-
(a) the salving, collection disposal of all timber mentioned in Sec. 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 making such timber.
(2) The 1[State Government] may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
___
(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, trucks, or any other vehicle, or cattle used in committing any such offence may be seized by any Forest Officer or Police Officer not below the rank of a Head Constable.
(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 1[or to his official Superior, whoever may be nearer] -
Provided that, when the forest produce with respect to which such offence is believed to have been committed, is the property of 1[State Government] and the o
Any Forest Officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts, trucks or cattle under Sec. 52, may release the same on the execution by the owner thereof of (a bond for the production of the property so released 1[when and were required to produce the same] 2[X X X]
______________________
1. Substituted by Sec. 3-ibid.
2. Omitted by Sec. 3-ibid.
1[Subsequent Procedure]
(1) When a report is made by any officer under sub-Sec. (2) of Sec. 52 to his official superior, such official superior shall, with all convenient despatch, make a report of the seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
(2) The Magistrate shall, upon receipt of a report under sub-Sec. (2) of Sec. 52 or under sub-Sec. (1) of this section, take such measures including arrest as may be necessary for the attendance and trial of the offender and the disposal according to law of the property seized.]
___________
1. Substituted by Sec. 4 -ibid.
(1) All timber or forest produce which is not the property of 1[State Government] and in respect of which a Forest offence has been committed and all tools, boats, carts, trucks 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.
________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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 1[State 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.
________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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 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.
(1) Notwithstanding anything hereinbefore contained-
(a) the Magistrate may direct the sale of any property seized under Sec. 52, which is subject to speedy and natural decay; and
(b) If, in the opinion of the officer seizing such property, it is not possible to obtain the orders of the Magistrate under clause (a) in time, such officer may sell the property himself, remit the sale-proceeds into the nearest 1[State Government] Treasury and make a report of such seizure, sale and remittance to the Magistrate and thereupon the Magistrate shall take such measure, as may be necessary for the trial of the accused.
(2) The Magistrate may deal, with the proceeds of any property hold under clause (a) or clause (b) or sub-Sec. (1) in the same manner, as he might have dealt with the property if it had no
Any person claiming to be interested in property seized under Sec. 52 may, within one month from the date of any order passed under Sec. 55 or Sec. 57, present an appeal therefrom which may be disposed of in the manner provided by Sec. 419, Code of Criminal Procedure.
Property when to vest in 1[State Government]
When an order for the confiscation of any property has been passed under Sec. 55 or Sec. 57, as the case may be, and the period limited by Sec. 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 portion of such property, such property or such portion there of, as the case may be, shall vest in the 1[State Government] free from all encumbrances.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the1[State Government] from directing at time the immediate release of any property seized under Sec. 52.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
Any Forest Officer or Police Officer who vaxatiously and unnecessary 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.
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, 1860,-
(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest Officer to indicate that such timber or tree is the property of the 1[State 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 fine, or
(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 authorize such arrest for any act which is an offence under-Chapter IV unless such act has been prohibited under clause (c) of Sec. 30.
Any Forest Officer of a rank not inferior to that of an officer-in-charge of a range, who or whose subordinate has arrested any person under the provisions of Sec. 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.
Every Forest Officer and Police Officer shall prevent and may interfere for the purpose of preventing, the commission of any forest offence.
The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the1[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.
____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
(1) The 1[State Government] may by notification in the 1[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 Sec. 62, or Sec. 53, 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 proceedings shall be taken against such person or prope
Presumption that forest produce belongs to 1[State Government]
When in any proceedings taken under this Act, or in consequence of any thing done under this Act, a question arises as to whether any forest produce is the property of the 1[State Government], such produce shall be presumed to be the property of the 1[State Government] until the contrary is proved.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Ertra-ordi., dated 13-8-1957.
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 damage to public plantation within the meaning of Sec. 11 of the Cattle Trespass Act, 1871, of the Central Legislature as adapted to 1[the State of Rajasthan] and may be seized and impounded as such by any Forest Officer or Police Officer.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Ertra-ordi., dated 13-8-1957.
The 1[State Government] may, by notification in the 1[Official Gazette], direct that, in lieu of the fines fixed under the Cattle Trespass Act, 1871, of the Central Legislature as adapted to 1[the State of Rajasthan] there shall be levied for each head of cattle impounded under Sec. 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 camel (Two Rupees)
For each buffalo, horse, mare, gelding, colt, pony, filly, mule, bull, bullock, cow or heifer (One Rupee)
For each calf, ass, pig, ram, ewe, sheep lamb, goat or kid (Eight Annas)
_____________
1. Substituted by sec. 4 of Raj
Section 71 of the Rajasthan Forest Act, 1953, deals with the powers of forest officers to accept compensation for certain forest offences, effectively allowing them to compound offences and avoid prosecution. This section aims to facilitate administrative disposal of minor forest offences through the mechanism of compensation, thereby reducing the burden on courts and promoting administrative efficiency.
Section 71 empowers designated forest officers to accept compensation from persons suspected of committing forest offences involving certain forest produce such as timber, firewood, charcoal, and sandalwood. Upon payment of the prescribed compensation, the offender is discharged from further liability, and the seized property may be confiscated or ordered for sale. The section also provides for the procedure of issuing notices, recording statements, and the powers of revision.
Section 71 of the Rajasthan Forest Act, 1953, provides a vital administrative tool for the quick and efficient settlement of minor forest offences, balancing environmental protection with administrative convenience. Its scope is confined to minor offences involving specified forest produce, with penalties capped at six months imprisonment, and emphasizes procedural safeguards like notices and reasons. Courts have consistently upheld its validity, provided it is exercised within the bounds of law and due process.
Note: The references are based on the provided sources and are formatted as per the instructions.
1[State Government] invest Forest Officer with certain powers
The 1[State Government] may invest any Forest Officer with all or any 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; and
(c) power to hold an enquiry into forest offence.
_____________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Ertra-ordi., dated 13-8-1957.
All Forest Officer shall be deemed to be public servants within the meaning of the Indian Penal Code, 1860.
No suit shall lie against any public servant for anything done by him in good faith under this Act.
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 1[the State of Rajasthan].
__________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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 I reproduction and disposal of trees and timber belonging to 1[the State Government], but grown on lands belonging to or in the occupation of private person; and
(d) generally to carry out the provisions of this Act.
__________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
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 with fine which may extend to five hundred rupees, or with both.
All rules made by the 1[State Government] under this Act shall be published in the 1[Official Gazette] and shall thereupon so far as they are consistent with this Act, have effect as if enacted therein.
__________________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
(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[State Government] or who receives emoluments from the 1[State 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 not-
(a) to extinguish any forest fire in such forest of
Management of Forests the joint property of 1[State Government] and other persons
(1) If the 1[State 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 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 interest of all parties therein.
(2) When the 1[State Government] undertakes under clause (a) of sub-sec. (1), the management of any forest, waste land or produce, it may, by notification in the
Failure to perform service for which a share in produce of 1[State Government] forest is enjoyed
If any person be entitled to a share in the produce of any forest which is the property of the 1[State Government] or over which the 1[State Government] has proprietary rights or to any part of the forest produce of which the 1[State 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 shall be confiscated until the person entitled there to 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 beha
Recovery of money due to 1[State Government]
All money, other than fines, payable to the 2[State Government] under this Act, or any, rules made thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of this Act in respect of timber or other forest produce, or under any contract relating to timber or forest produce, including any sum recoverable thereunder for the breach thereof or in consequence of its cancellation or under the terms of a notice relating to the sale of timber or forest produce by auction or by invitation of tenders, issued by or under the authority of Forest Officer and all compensation awarded to1[State Government] under this Act, 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.
_____________
&nbs
(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 until such amount has been paid:
(2) If such amount is not paid when due, the Forest Officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.
(3) The surplus, if any, if not claimed within six months from the date of the sale by the person entitled thereto, shall be forfeited to the 1[State Government].
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
Whenever it appears to the 1[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 purposes within the meaning of the 2[Rajasthan Land Acquisition Act, 1953 (Raj. Act XXIV of 1953)].
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
2. Substituted by item No. 23 of the Schedule-ibid.
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 Sec. 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.
The 1[State Government] may by notification in the 1[Official Gazette] exempt any forest from all or any of the provisions of this Act.
___________
1. Substituted by sec. 4 of Raj. Act No. 27 of 1957, pub. in Raj. Gaz., Part IV-A, Extra-ordi., dated 13-8-1957.
Nothing in this Act shall impair or otherwise affect such shooting, fishing or other rights of Rules of covenanting State or the members of their families as have been recognized in shikargahs, forests or other local areas by virtue of convenants entered into with the Rules or documents collateral thereto.
1[xxx]
___________
1. Omitted by item No. 23 of the Schedule-ibid.
1[xxx]
The Schedule 1[Omitted]
___________
1. Omitted by item No. 23 of the Schedule-ibid.
Schedule of Rules under the Raj. Forest Act
1. The Reserve Forests Rules, 1957.
2. The Forest (Hunting, shooting and water poisoning) Rules, 1957.
3. The Rajasthan Forest (Produce Transit) Ruels, 1957.
4. The Rajasthan Forest (Settlement) Rules, 1958.
5. The Protected Forest Rules, 1957.
6. The Rajasthan Protected Forest (Exercise of Concessions) Rules, 1960.
7. The Rajasthan Protected Forests (Exercise of Rights) Rules, 1960.
8. The Rajasthan Protected Forest (Commutation of Rights) Rules, 1960.
9. The Rajasthan Reserved Forest
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
