Andhra Pradesh Forest Act 1967
Short title, extent and commencement :- (1) This Act may be called the Andhra Pradesh Forest Act, 1967;
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such * [date] as the State Government may, by notification in the Andhra Pradesh Gazette appoint.
Definitions :- In this Act, unless the context otherwise requires.
(a) cattle includes cows oxen, elephants, camels, buffaloes, horses, mules, asses, pigs, sheep, goats and such other kind of animals as the Government may, by notification, specify;
(b) Court means the principal civil court of original jurisdiction;
(c) Divisional Forest Officer means the forest officer in independent charge of a forest division;
(d) forest division means such area as may be declared,
by notification, by the Government or by such authority as may be
empowered by the Government in this behalf to be a forest division
for the purposes of this Act;
Power to reserve forest :- The Government may constitute any land as a reserved forest in the manner hereinafter provided.
Notification by Government :- (1) Whenever it is proposed to constitute any land as a reserved forest, the Government shall publish a notification in the Andhra Pradesh Gazette and in the District Gazette concerned if any;
(a) specifying, as nearly as possible, the situation and limits of such land;
(b) declaring that it is proposed to constitute such land as a reserved forest;
(c) appointing a Forest Settlement Officer to consider the
objections, if any, against the declaration under clause (b) and to
enquire into and determine the existence, nature and extent of any
rights claimed by, or alleged to exist in favour of, any person in
or over any land comprised withi
Suits barred :- Save as otherwise provided in this Act, no court shall between the dates of the publication of the notification under Section 4 and the notification to be issued under section 15, entertain any suit or other action against the Government to establish any right in, or over, any land, or to the forest produce of any land included in the notification published under Sec.4
Proclamation by Forest Settlement Officer:- (1) Where a notification has been issued under Sec.4, the Forest Settlement Officer shall publish in the main language of the district, in the District Gazette concerned or where there is no such Gazette, in the Andhra Pradesh Gazette, and in the regional language in every town and village and at the headquarters of each taluk and at the office of the gram panchayat, in which any portion of land included in the said notification is situate, a proclamation,
(a) specifying, as nearly as possible, the situation and limits of the land proposed to be included within the reserved forest;
(b) setting forth the substance of the provisions of Section 7;
Bar of accrual of forest rights and prohibition of clearings :- (1) During the interval between the publication of a notification in the Andhra Pradesh Gazette under Section 4 and the date fixed by the notification under Section 15;
(a) no right shall be acquired by any person in or over the land included in the notification under Section 4 except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under Section 4.
(b) no new house shall be built or plantation formed, no fresh clearing for cultivation or for any other purpose shall be made, on such land and no trees shall be cut from such land for t
Enquiry by Forest Settlement Officer :- (1) The Forest Settlement Officer shall consider every objection and inquire into every claim made under Section 6, after recording in writing the statements made or evidence given in pursuance of the proclamation published or notice served under that section. He shall record any representation which the forest officer, if any, representing the Forest Department under sub section (3) of Section 4, may make in respect of any such objection or claim.
(2) The evidence under sub section (1) shall be recorded in the manner provided by the Code of Civil Procedure, 1908 in appealable cases.
Powers of Forest Settlement Officer :- For the purpose of an inquiry under section 8, the Forest Settlement Officer may exercise the following powers, namely:
(a) power to enter by himself or to authorise any officer to enter upon any land and to survey, demarcate and make a map of the land; and
(b) the powers conferred on a civil court by the Code of Civil Procedure, 1908, for summoning and enforcing the attendance of any person and examining him on oath and requiring the production of any document or other article.
Claims to Certain rights:- (1) Where the claim relates 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, after considering the particulars of such claim, and the objections of the forest officer, if any, pass an order, admitting or rejecting the same wholly or in part after recording the reasons therefor.
(2) (a) If any claim is admitted wholly or in part under sub section (1), the Forest Settlement Officer may:
Claims to rights of way, etc .:- (1) Where the claim relates to any of the rights specified in clauses (a) to (d) of sub section (1) of section 10, the Forest Settlement Officer shall, after considering the particulars of such claim so far as may be necessary to define the nature, incidents and extent of the rights claimed, and the objections of the forest officer, if any, pass an order; admitting or rejecting such claim wholly or in part, after recording the reasons therefor.
(2) Where the claim admitted relates to a right for the beneficial enjoyment of any land or building, the Forest Settlement Officer shall record the designation, position and area of such land and the designation and position of such building.
Compensation for rights :- Where the Forest Settlement Officer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under Section 11 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall direct the Forest Department to pay compensation as determined on the basis of the value of such right on the date of notification under Section 4, in accordance with the provisions of the Land Acquisition Act, 1894, in so far as such provisions are applicable.
Appeals from the orders of Forest Settlement Officer :- (1) Where a claim is rejected wholly or in part, the claimant may, within ninety days from the date of the order under sub section (1) of section 10 and within sixty days from the date of the order under sub section (1) of section 11, prefer an appeal to the district court having jurisdiction in respect of such rejection only.
(2) Where a claim is admitted under section 10 or section
11 in the first instance wholly or in part and where such claim
does not relate to the acquisition of any land under the Land Acquisition
Act, 1894, a like appeal, subject to the same period of limitation
and subject to the same conditions, may be preferred to the district court having jurisd
Appointment of pleader :- The Government or any person who has made a claim under this Act may appoint any person to appear, plead and act on their or his behalf in the course of any enquiry or other proceeding under this Act.
Notification declaring Forest reserved :- (1) Upon the occurrance of the following events namely :
(a) the period fixed under section 6 for preferring of an objection or a claim had elapsed, and every objection or claim made under that section was disposed of by the Forest Settlement Officer ; and
(b) if any such claim was made, the period limited by section 13 for preferring an appeal from the order passed on such claim had elapsed, and every appeal presented within such period was disposed of by the appellate authority ; and
(c) all proceedings mentioned in section 10 were taken and
all lands, if any, to be included in the proposed forest, which the
Forest Settlement
Extinction of rights not claimed :- Rights in respect of which no claim was preferred under section 6 within the period fixed under that section shall stand extinguished on the publication of the notification under section 15 unless, before the publication of such notification the person claiming them has convinced the Forest Settlement Officer that he had sufficient cause for not preferring such claim within that period in which case the Forest Settlement Officer shall proceed to dispose of the claim in the manner herein before provided.
No right acquired over reserved forest except as herein provided :- No right of any description shall be acquired by any person in or over a reserved forest, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under Sec. 15.
Rights continued under section 11 not to be alienated without sanction :- (1) Notwithstanding anything in this Act, no right continued under section 11 shall be alienated by way of grant, sale, exhange, lease or otherwise, without the sanction of the Government;
Provided that were any such right is continued for the beneficial enjoyment of any land or building it may be sold or otherwise alienated with such land or building, without such sanction;
(2) Any alienation of such right in contravention of this section shall be null and void.
(3) Subject to the provisions of sub section (1), no forest
produce obtained in exercise of any right continued under section
11 shall b
Power to stop ways and water courses in reserved forests :- The Divisional Forest Officer may, from time to time, with the previous sanction of the Government, stop any public or private way or water course in a reserved forest where reasonably convenient substitute for the way or water course so stopped already exists or has been provided or constructed.
Penalties for trespass of damage in reserved forest and acts prohibited in such forests :- (1) Any person who -
(a) contravenes the provisions of clause (b) of sub section (1) of section 7 :
(b) sets fire to a forest notified to be reserved under section 4 or kindles in such forest any fire or leaves any fire burning in such manner as to endanger such forest ;
(c) in a reserved forest
(i) kindles, keeps or carries any fire, except at such season and subject to such conditions as the Divisional Forest Officer may, from time to time, specify in this behalf ;
(ii) trespasses, pastures cattle or allow
Suspension of rights in reserved forests :- Where fire is caused wilfully or negligently by any person or persons in a reserved forest or any portion thereof, the Government may direct that in such forest or portion therof, the exercise of all rights of pasture or to forest produce shall be suspended for such period as they think fit.
Persons bound to assist forest officer and police officer :- (1) Every person who exercises any right in a reserved 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 village officer or person in any village contiguous to such forest who is employed by the Government ;
shall be bound to furnish without delay to the nearest forest officer
or police officer in charge of the nearest police station any information
he may possess respecting the occurrences of a fire in, or near, such
forest, or the commission for or i
Power to declare reserved forest as no longer reserved :- (1) The Government may, by notification, direct that from a date to be fixed by such notification any reserved forest or any portion thereof shall cease to be reserved.
(2) From the date so fixed, such forest or portion shall cease to be reserved, but the rights, if any, which have been extinguished therein shall not revive in consequence of such cessation.
Protected forests :- (1) The Government may, by notification, declare any forest or waste land which is the property of the Government or which is placed under their control for management and which is not included in a reserved forest, to be a protected forest and, on such declaration, the provisions of this Chapter shall apply to such protected forest.
(2) No such notification shall be made in respect of any land unless the nature and extent of the rights of the Government and of private persons in or over such land have been inquired into and recorded at a survey of settlement, or in such other manner as may be prescribed, and every such record shall be presumed to be correct until the contrary is proved :
Power to close forest against pasture :- (1) Where fire is caused wilfully or negligently by any person in any protected forest or a portion thereof, the Government may direct that such forest or portion thereof be closed against pasture for such period as they think fit.
(2) Whoever pastures cattle or allows cattle to trespass in protected forest closed against pasture under this section shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both.
Power to issue notification reserving trees, etc :- (1) The Government may, by notification :-
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification ;
(b) 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 removal of, any forest produce in any such forest and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any such forest.
(2) A translation into the main language of the locality of
every notification issued under this section shall be cau
Power to make rules :- (1) Subject to all rights now vested in individuals and communities by law or custom or usage having the force of law, the Government may make rules to regulate the use of the pasturage or of the natural produce of any protected forest ; and such rules may with respect to such forests
(a) regulate the occupation, clearing, ploughing or breaking up of land for cultivation or other purposes ;
(b) regulate or prohibit the kindling of fire and provide for the precautions to be taken to prevent and spreading of fire ;
(c) regulate the cutting, sawing, conversion and removal of trees and timber and the collection and removal of natural produce ;
Power to declare protected forest to cease to be protected forest :- The Government may, by notification, direct that from a date to be fixed by such notification, any protected forest or any portion thereof shall cease to be a protected forest.
Definitions :- In this Chapter, unless the context otherwise, requires.
(a) forest includes waste or communal land containing tree growth and shrubs, pasture land and any other class of land declared, by the Government in this behalf by notification in the Andhra Pradesh Gazette, to be forest;
(b) owner in relation to a forest includes a mortgagee, lessee other person having right to possession and enjoyment of the forest ;
(c) person includes a Hindu undivided family.
Preservation of private forests :- (1) (a) No owner of any forest shall, without the previous sanction of the District Collector sell, mortgage, lease or otherwise alienate the whole or any portion of the forest or the forest produce.
Explanation :- Nothing in this sub section shall be construed as preventing the owner from selling or otherwise dealing with the right to gather and remove forest produce, other than trees timber, in the usual or customary manner.
(b) Any alienation, made in contravention of clause (a) shall be null and void.
(2) No owner of any forest and no person claiming under him,
whether by virtue of a contract, licence or any other transac
Appeals :- Any person aggrieved by an order made under clause (a) of sub section (1) of section 28-B or under sub section (2) of that section in regard to the sanction or permission referred in that clause or sub section may within two months of the date of communciation of such order prefer an appeal in writing to the Government and the Government shall pass such orders on the appeal as they may think fit.
Power to Prohibit or Regulate Certain Acts :- If, in the opinion of the Government, it is necessary for the preservation of a forest, or forests they may, by notification in the Andhra Pradesh Gazette.
(1) prohibit or regulate the doing of any act likely to be detrimental to the preservation of such forest or forests;
(ii) regulate the exercise of customary or prescriptive rights in such forest or forests.
Penalties :- (1) Whoever contravenes the provisions of sub section (1) or sub section (2) of section 28 B or any of the terms of a notification under section 28 shall be punished with imprisonment which may extend to two years or with fine which may extend to five thousand rupees or with both.
(2) No prosecution shall be instituted against any person without the sanction of the District Collector.
Bar of Suits :- No order of the Government of the District Collector under this chapter and no notification issued by the Government under section 28 shall be liable to be questioned in any court.
28-G Power to make Rules:- (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for
(a) the classes or kinds of tree growth which may be permitted to be cut and the girth of such trees;
(b) the terms and conditions subject to which, sanctions or permissions may be granted
(c) the procedure to be followed by the District Collector before granting sanctions or permissions.
Power to make rules to regulate the transit and possession of timber and other forest produce:- The Government may make rules to regulate -
(i) the floating of timber in the rivers in the State and the transit of timber and other forest produce by land or water;
(ii) the possession of teak wood of such value as may be specified in this behalf, or red sanders wood by any person residing in any village within a radius of fifteen kilometers of such reserved forest as may be specified in this behalf.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
(a) specify the routes by which
Government and forest officers not liable for damage to forest produce at depots and stations :- The 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 or station established under a rule made under Section 29 or while detained elsewhere for the purpose of this Act; and no forest officer shall be responsible for any such loss or damage unless he causes such loss or damage negligently, wilfully, maliciously or fraudulently.
Persons employed at depots and stations bound to aid in case of accident :- Where any accident or emergency involving danger to any property at any depot or station referred to in Section 30 occurs,every person employed at such depot or station shall render assistance to any forest officer or police officer demanding his aid in preventing or mitigating the damage or loss to such property.
Possession of sandalwood under licence or mark :- No person shall have in his possession any quantity of sandalwood in excess of ten kilograms, except under a licence granted by the Divisional Forest Officer in that behalf, and except such sandalwood as is marked by a forest officer in such manner as may be prescribed.
Provided that the Divisional Forest Officer may, by order,
refuse to grant or renew licence to any applicant or licensee in respect
of whom he is satisfied that by reason of his conviction of an offence
under this Act or the rules made thereunder, or the previous cancellation
or suspension of any licence granted thereunder, or the contravention
of any of the requirements as to the possession of sandalwood, or
for any other gro
Forms and conditions of licence :- The Government may make rules to provide for
(a) the form and manner in which application for licence maybe made;
(b) the terms and conditions which may be included in any licence and the fees for the grant of such licence;
(c) the grant of duplicate licence and the renewal of licence and fees for the same.
Power to cancel or suspend licence :- The Divisional Forest Officer may, after recording the reasons therefor, cancel or suspend any licence granted under this Chapter, if he is satisfied that the licensee has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence, after giving the licensee an opportunity of making a representation against the action proposed to be taken.
Appeal :- (1) Any person aggrieved by the decision of the Divisional Forest Officer, refusing to grant or renew, or cancelling or suspending a licence under this Chapter may, within such time as may be prescribed, appeal to the Conservator of Forests who may make such order as he deems fit, after recording the reasons therefor.
(2) Any person aggrieved by an order of the Conservator of Forests in appeal preferred under sub section (1) may, within such time as may be prescribed, prefer a second appeal to the Chief Conservator of Forests who may make such order as he deems fit, after recording the reasons therefor.
Certain kinds of timber to be deemed property of Government until title thereto is proved and may be collected accordingly :- (1) (a) All timber found a drift, beached, stranded or sunk.
(b) all timber bearing marks which have not been registered in accordance with the rules made under section 29 or on which the marks have been obliterated, altered or defaced by file or otherwise, and
(c) all unmarked timber found in such areas as the Government may specify, shall be deemed to be the property of the 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
by
Procedure on the presentation of claim to such timber :- (1) When any statement of claim is presented as required under section 38, the Divisional Forest Officer, may, after making such enquiry as he thinks fit, either reject the claim, or deliver the timber to the claimant, after recording the reasons therefor.
(2) Where such timber is claimed by more than one person, the Divisional Forest Officer may either deliver the same to any such person whom he finds to be entitled thereto after recording the reasons therefor, or may refer the claimants to the court, and retain the timber pending the receipt of an order from such court for its disposal.
(3) Any person whose claim has been rejected under this Section
Disposal of unclaimed timber :- Where no statement of claim is presented as required under section 38 or where the claimant fails to prefer his claim in the manner and within the period fixed by the notice issued under that section or on such claim having been so preferred by him and having been rejected, fails to institute a suit to recover possession of such timber within the further period fixed by section 39, the ownership of such timber shall vest in the Government free from all encumbrances or when such timber has been delivered to another person under that section, in such other person, free from all encumbrances other than those created by him.
Government and their officers not liable for damage to timber collected under section 37 :- The Government shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 37 and no forest officer shall be responsible for any such loss or damage unless he causes such loss or damage negligently, wilfully, amliciously or fraudulently.
Payment to be made by claimant before timber is delivered to him :- No person shall be entitled to recover possession of any timber collected under Section 37 or delivered under section 39 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 43.
Power to make rules and prescribe penalty for contravention thereof :- (1) The Government may make rules to regulate the following matters, namely:
(a) the salving, collection and disposal of all timber referred to in this Chapter;
(b) the use and registration of boats used in salving and collecting timber;
(c) the costs to be paid for salving, collecting , moving, storing or disposing of such timber;
(d) the use and registration of hammers and other implements used for marking such timber.
(2) Whoever contravenes any rule made under this section shall
be punishable with imprisonment for a term
Seizure of property liable to confiscation and procedure thereupon :- (1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce,such timber, or forest produce, together with all tools, ropes, chains. boats, vehicles and 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, or the receptacle, if any, in which
it is contained, a mark indicating that the same has been so seized
and shall, except where the offender agrees in writing forthwith to
get the offence compounded
* [without any un reasonabl
* [ Timber, forest produce, tools. etc., when liable to confiscation:- Where a person is convicted of a forest offence, the Court sentencing him shall order confiscation to the Government of timber or forest produce in respect of which such offence was committed and of any tool, boat, vehicle,vessel or otherconveyance or any other article used in committing such offence except where an order of confiscation, has already been passed in respect thereof under section 44.]
Disposal on conclusion of trial for forest offence of timber or forest produce in respect of which it was committed :- When the trial of any forest offence is concluded, any timber or forest produce in respect of which such offence was committed shall, if it is the property of the Central or State Government,or if it is confiscated, be taken possession of by or under the authority of the Divisional Forest Officer, and in another case, may be disposed of in such manner as the court having jurisdiction may, by order, direct.
Procedure when offender is not known or cannot be found :- Where the magistrate is of opinion that a forest offence was committed but the offender is not known or cannot be found, he may on an application made in this behalf order the property, in respect of which the offence was committed and which was seized, to be confiscated and taken possession of by or under the authority of the Divisional Forest Officer or to be made over to any person whom the magistrate considers to be entitled to the same.
Provided that before making any such order the magistrate
shall cause a notice of any application made under this section to
be served upon any person who, he has reason to believe, is interested
in the property seized, or shall publish such noti
Procedure in regard to perishable property seized under Section 44 :- (1) Except where a forest offence has been compounded, the magistrate may direct the sale of any property seized under Section 44, which is subject to speedy and natural decay, and if in the opinion of the officer seizing such property, it is not possible to obtain the orders of the magistrate in time, such officer may sell the property himself, remit the sale proceeds into the nearest Government treasury and make a report of such seizure, sale and remittance to the magistrate and thereupon the magistrate shall take such measures as may be necessary for the trial of the accused.
(2) The magistrate may deal with the proceeds of the sale
of any property held under sub sectio
Appeal from orders under section 45, Section 46 or Section 47 :- Any person claiming to be interested in the property seized under Section 44 may, within one month from the date of any order passed under section 45, section 46 or section 47, present an appeal therefrom to the court to which an appeal from the order of the magistrate ordinarily lies. The appeal shall be disposed of in the manner provided by the Code of Criminal Procedure, 1898.
Property when to vest in Government:- * [(1) Where an order of confiscation of any property passed under sub section (2-A) or sub section (2-D) of section 44 has become final in respect of the whole or any portion of such property, such property or the portion thereofas the case may be, shall vest in the Government free from all encumbrances.]
* [(2)] Where an order for the confiscation of any property
was passed under section 45 or section 47 and the period limited by
section 49 for presenting an appeal from such order has elapsed, and
Saving of power to release, property seized :- Nothing in this Act shall be deemed to prevent the Divisional Forest Officer from directing at any time the immediate release of any property seized under Section 44, and the withdrawal of any charge made in respect of such property in accordance with the provisions of section 494 of the Code of Criminal Procedure, 1898:
Provided that where a report is made to the magistrate of the property seized under Section 44 the Divisional Forest Officer shall not release the property without the consent in writing of such magistrate, or without previous intimation to such magistrate.
Penalty for counterfeiting marks on trees and timber and for altering boundary marks :- Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code
(a) knowingly counterfeits upon any timber or standing tree, a mark used by any forest officer to indicate that such timber or tree is the property of the Central or State Government or of some person, or that it may lawfully be cut or removed by some person, or that it may lawfully be cut or removed by some person, or
(b) unlawfully affixes to any timber or standing tree, a mark used by any forest officer, or
(c) alters, defaces or oblite
Power to arrest without warrant :- Any forest officer not below the rank of a Forest Guard or police officer may, without orders from a magistrate and without a warrant , arrest and detain in custody any person if the officer knows or has reason to believe that such person is committing or has committed any forest offence and, if such person refuses to give his name and residence, or gives a name or residence which there is reason to believe to be false or if there is reason to believe that he will abscond.
(2) Every person arrested and detained in custody under this
section shall be informed, as soon as may be, of the grounds for such
arrest and detention and shall be produced before the nearest magistrate
within a period of twenty four hour
Power to release on bond a person arrested :- Any forest officer not below the rank of a Forester, who or whose subordinate has arrested any person under the provisions of section 53, may release such person on his executing a bond to appear, if and when so required, before the magistrate or before the officer in charge of the nearest police station.
Punishment of wrongful seizure or arrest :- Any forest officer or police officer who vexatiously or frivolously seizes any property on pretence of seizing property liable to confiscation under this Act, or who vexatiously or frivolously arrests any person, 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.
Power to prevent commission of offence :- Every forest officer and police officer shall prevent, and may take necessary steps for the purpose of preventing the commission of any forest offence.
Power to try offences summarily :- Any Magistrate of the first clss specially empowered in this behalf by the 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 with fine not exceeding five hundred rupees, or with both.
Operation of other laws not barred :- Nothing in this Act shall be deemed to bar the prosecutio of any person under any other law for any act or omission which constitutes a forest offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Act, or the rules made thereunder.
Provided that no person shall be prosecuted and punished for the same offence more than once.
* [Order of confiscation not to bar imposition of other penalty :- An order of confiscation under sub section (2-A) or sub section (2-D) of Section 44 shall not be deemed to bar the imposition of any other penalty to which the person from whom the property is seized is liable under this Act.]
Power to compound offences :- (1) Any forest officer, specially empowered in this behalf by the Government may accept a compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed any forest offence, other than an offence under section 52 or Section 55
(i) a sum of money not exceeding fifty rupees where such offence is of a trival nature;
(ii) a sum of money which shall not in any case
be less than the value of the forest produce, or more than four
times such value as estimated by such forest officer, in addition
to the value of the forest produce, where such offence involves any
forest produce which in the opinion of the forest officer
Presumption that timber or forest produce belongs to the Central or State Government :- Where, in any procedings 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 Central or State Government, such produce shall be presumed to be the property of the Central or State Government as the case may be, until the contrary is proved.
Cattle Trespass Act, 1871 to apply :- (1) Cattle trespassing in a reserved forest or in a protected forest shall be deemed to be cattle doing damage to a public plantation within the meaning of section 11 of the Cattle Trespass Act, 1871, and may be seized and impounded as such by any forest officer or police officer.
(2) The Government may, by notification, direct that in lieu of the fines fixed by section 12 of the Act referred to in sub section (1), there shall be levied, in all or any of the areas to which this Act applies, for each goat or kid impounded under sub section (1), such fine not exceeding rupees five as they think fit.
Government may invest forest officers with certain powers :- (1) (a) The Government may, by notification and subject to such terms and conditions as may be specified therein, invest any forest officer not below the rank of a Ranger with all or any of the following powers, namely:
(i) to enter upon any land and to survey, demarcate and make a map of the same:
Provided that no such demarcation shall take away or a bridge the right of any person in or over the land;
(ii) to hold enquiries into forest offences, and in the course of such enquiries to receive and record evidence.
(iii) to a ccept compensation for forest offences under
Forest Officers deemed public servants :- All forest officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
Powers of entry and inspection :- Any forest officer not below the rank of a Forester may, at any time enter and inspect any private forest or land within his jurisdiction for the purpose of ascertaining whether there has been contravention of any of the provisions of this Act and the rules made thereunder or for the purpose of securing compliance with any such provision.
Indemnity for acts done in good faith :- No suit or criminal prosecution shall lie against any public servant for anything done or omitted to be done in good faith in pursuance of this Act.
Revision :- (1) The Government may suo motu or on application made to them ,call for and examine the record of any forest officer in respect of any proceeding, not being a proceeding in respect of which a suit, an appeal or application or a reference to a court is provided under this Act, to satisfy themselves as to the regularity of such proceeding, or the correctness, legality or propriety of any decision passed or order made therein; and if in any case, it appears to the Government that any such decisiion or order should be modified, annulled, reversed or remitted for reconsideration, they may pass order accordingly.
Provided that every application to the Government for the
exercise of the powers under this section shall be preferred
Power of Government to exempt any area from the provisions of the Act :- The Government may, by notification exempt for reasons to be recorded in writing, any area from all or any of the provisions of this Act but not so as to affect anything done, or any offence committed, or any fine imposed or penalty levied, or any proceedings commenced in such place before such exemption, and may in like manner vary or cancel such notification.
Power of Government to make rules :- ( 1) The Government may by notification make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for
(a) declaring by which forest officer or class of forest officers, the powers conferred or duties imposed by or under this Act on a forest officer shall be exercised or performed.
(b) regulating the procedure to be followed by the Forest Settlement Officer;
(c) regulating the rewards to be paid to officers or informers
from the proceeds of fines and confiscations under this Act, or from
Government may delegate powers :- The Government may, by notification delegate any of the powers conferred on them by sections 18,19,21,24,25 and sub section (2) of section 61,to the Chief Conservator of Forests, or to such other officer or authority as they deem fit.
Recovery of money due to Government :- (1) All monies,
other than fines imposed by the magistrate, duly ascertained and payable
to the Government under this Act, or any rule made thereunder, or
on account of timber or forest produce or of expenses incurred in
the execution of this Act in respect of timber or 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 the 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 a Divisional Forest Officer and
all compensations awarded to Government under this Act including the
compensation under Section 59 may, if not p
Land required under this Act to be deemed to be deemed to beneeded for public purpose under the Land Acquisition Act, 1894 :- Whenever it appears to the 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 the Land Acquisition Act, 1894.
Repeal :- (1) The Andhra Pradesh (Andhra Area) , Forest Act, 1882 and the Andhra Pradesh (Telangana Area) Forest Act, 1355 hereby repealed.
(2) Upon such repeal, the provisions of sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 shall apply.
Notice to claimants to drift timber :- Where any timber is collected by the forest officer or other person under Section 37, he shall immediately report the same to the Divisional Forest Officer who shall publish a notice in the District Gazette concerned or where there is no such Gazette, in the Andhra Pradesh Gazette, requiring any person claiming the same to present to him within a period, not exceeding two months, from the date of such notice, a written statement of such claim. Such notice shall contain a description of the timber and the place from which it was collected and the depot or station at which it is stored.
Introduction - Andhra Pradesh Forest Act, 1967, together with the Andhra Pradesh Forest Produce Transit Rules, 1970, forms the framework for regulating forest wealth, including forest produce on private lands, and for controlling transit/possession of timber and other forest produce. The writ petitions challenging these provisions were dismissed, with courts upholding the Act and rules as constitutional and applicable state-wide. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Section 38 – Core concept - Section 38 is described as “Notice to claimants to drift timber,” with subsequent sections (39, 40, 41) detailing the procedure for presenting claims to timber, disposal of unclaimed timber, and related government actions. This forms part of the procedure for handling forest produce that has been seized or left in position awaiting rights adjudication. - (context from Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad; text explicitly lists “S. 38 Notice to claimants to drift timber. 39 Procedure on the presentation of claim to such timber. 40 Disposal of unclaimed timber. 41 Government and …”)
Section 38 – Broad object and workflow - The section creates a regime whereby timber / forest produce seized or in custody is subject to a notice-and-claim process, after which claims are heard, rights determined, and unclaimed timber disposed of by authority. This is inferred from the surrounding description of the related sections (39-41) and the case discussing the process for timber claims and disposal. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], - [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ]
Drifft timber – private-land context - The Act contemplates control of forest produce even when found on private lands, not just on reserved or protected forests. The case law held that the AP Forest Act applies to the entire State and is not limited to forested zones, thereby empowering regulation of timber on private lands as part of transit/possession rules. This supports the Section 38 claim process for timber on patta lands and similar private holdings. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Forest Produce within the Act’s scope - Forest produce is defined broadly, including timber and leaves (among other things), with the statute designed to prevent pilferage and regulate movement. The broad definition supports Section 38’s application to timber and other forest produce that may be stored or seized on private lands. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Transit regime and private lands - The transit rules regulate moving forest produce into, out of, or within the State, and require permits, transit marks, and reporting to check-posts. This regime applies to forest produce found on private lands, reinforcing the Section 38 claim/claims framework when timber is seized or needs rights adjudication. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], - [Kesoram Cement, Kmnr Dist. VS Prl. Secy. , Environment]
Permit-and-transit-regime mechanics - Transit permits (Form I/II), transit marks on timber, and registration of property marks are central to the scheme; these mechanisms underpin the Section 38 claim process by ensuring proper documentation and traceability of forest produce on private lands. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Schedule II – species exemptions and coverage - Amendments to Schedule II (including Hyderabad/Ranga Reddy districts and related entries) show that tamarind and related species were subject to the transit rules in the relevant districts and that exemption status changed over time. Tamarind and durisanam were not ultimately exempted in the amended schedules, reinforcing Section 38’s reach over such produce on private lands. - Tamarind not exempted; Schedule II amendments; - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Exemption status of tamarind/durisanam (specific case) - The Andhra Pradesh Forest Act, 1967, and Transit Rules extended to tamarind and durisanam trees on private lands; later amendments removed certain exemptions and brought these species within the regulatory regime, illustrating how Section 38 operates in practical terms on private properties. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Practical constitutional stance – constitutionality upheld - Courts have upheld the transit rules and the broader forest-produce regime as regulatory measures compatible with constitutional provisions (e.g., Article 19) and as legitimate instruments to protect forest wealth and prevent illicit felling. This validates the Section 38 claim/claims framework as a constitutional mechanism. - [Venkateswara Timber Dept. VS Government Of A. P. ], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Regulated rights rather than blanket prohibition - The jurisprudence treats the transit regime as regulatory rather than an absolute ban; even where timber movement is restricted, the regime is subject to just regulatory controls (permits, routes, checks) rather than a total prohibition on timber movement. This framing supports the legitimacy of Section 38’s claim process. - [Venkateswara Timber Dept. VS Government Of A. P. ], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Forest Settlement Officer – role and function (Sections 8-10) - While not part of Section 38 text per se, the Forest Settlement Officer (FSO) conducts inquiries, surveys, and determinations of forest-rights claims under Chapters II-III and related provisions; these powers underpin Section 38’s claim-and-disposal mechanism. The broader regime emphasizes the FSO’s quasi-judicial functions and the need to record reasons and expose the process to appeal. - [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ], - [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ]
Appeals and finality (Section 13) - The regime contemplates appeals from FSO orders to District Courts and ultimately ensures finality for certain orders; while Section 38 itself deals with claims, the broader framework provides routes of challenge and confirmation for earlier determinations affecting timber on private lands. - [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ]
Interplay with transit rules – regulatory framework rather than punitive text - The case law treats the transit rules as regulatory and within the Parliament/state’s power under Section 29 (and 68) to regulate transit and possession; this underlines Section 38’s functioning in the larger regulatory scheme, not as a separate punitive provision. - [Venkateswara Timber Dept. VS Government Of A. P. ], [Kesoram Cement, Kmnr Dist. VS Prl. Secy. , Environment], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Government power to dispose of unclaimed timber - The legislative framework empowers the Government to dispose of timber if no legitimate claim is established, ensuring that forest wealth is not left in limbo indefinitely; this is the practical effect of Sections 38-40. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Non-exemption of tamarind/durisanam in certain districts - The Schedule II amendments in the transit rules extended or reduced exemptions by district; tamarind and durisanam were not universally exempted, reflecting the dynamic regulatory reach of Section 38 when timber on private lands is involved. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Comprehensive Forest Act jurisprudence – statutory architecture supports Section 38’s place - Supreme Court/High Court decisions treating the AP Forest Act as a consolidating statute, with Chapter IV (transit/possession) and related sections supporting a coherent regime for forest produce, including on private lands. - [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
Regulatory nature of transit-fee increases - Related cases discuss Rule amendments (e.g., Rule 5(5)) as regulatory, not confiscatory or punitive; this contextualizes the environment in which Section 38 operates, reinforcing its role within a regulatory regime rather than as a punitive provision by itself. - [Kesoram Cement, Kmnr Dist. VS Prl. Secy. , Environment]
Government authorization and public interest guidance - The AP Forest Act framework (including Section 38) is designed to preserve forest wealth and regulate local economies dependent on forest produce; public-interest considerations inform the regulatory structure as validated by case law. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ]
Practical takeaway – use of Section 38 in disputes over private-land timber - In disputes where timber on patta lands is claimed or seized, Section 38 provides the procedural scaffold (notice, claim, hearing, disposal) within a broader regulatory regime controlling forest produce movement. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ]
Link to broader environmental governance - The Section 38 mechanism sits within a broader environmental-and-forest governance regime that includes transit rules, private-forest protection (Chapter III-A amendments), and the objective to deter illicit felling while balancing private rights under the Act. - [V. Shankar Reddy VS State Of A. P. ], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], - [Kesoram Cement, Kmnr Dist. VS Prl. Secy. , Environment]
Note on limitations of available sources - The provided sources primarily discuss the regulatory/regulatory-constitutional aspects and the procedural framework surrounding Section 38 as part of the AP Forest Act ecosystem; explicit textual language of Section 38 in isolation is not reproduced, but its function is evidenced through case law and the surrounding statutory structure. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad], [State of Telangana VS Mohd. Abdul Qasim (Died) Per LRs. ], [Kesoram Cement, Kmnr Dist. VS Prl. Secy. , Environment]
Penalties :- Whoever, in contravention of the provisions of this Chapter or of any rule made or licence granted thereunder possesses sandalwood, shall be punishable with imprisonment for a term which shall not be less than three months but which shall not exceed one year and with fine which shall not exceed ten thousand rupees.
Legal Comments
"Intro" - AP Forest Act, 1967 Section 36 prescribes penalties for forest offences, with detailed sub-sections (notably 36-A, 36-B, 36-E) accompanying regulatory provisions on licensing, transit, and enforcement. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"Applicability" - The Act, including Section 36, applies to the entire State of Andhra Pradesh, covering forest produce found on private lands and regulating transit and possession, not limited to reserved or protected forests. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
"Definition" - Forest produce is broadly defined; Section 2(g) encompasses timber, leaves, and other forest products, including those found on or brought from private lands, expanding regulatory reach beyond government forests. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
"Scope of Section 36" - Section 36 targets penalties for contraventions of the Act and the rules/licences, including offences related to illicit transport, possession, or sale of forest produce; it operates in tandem with regulatory regimes like transit rules. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"36-A Threshold" - Section 36-A sets a threshold (e.g., possession of sandalwood in excess of 5 kilograms) that triggers licensing and regulatory controls; penalties apply where the threshold is exceeded without proper licence. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"36-E Penalties" - For sandalwood offences, penalties under 36-E include imprisonment (typically in the range of months to a year) and fines (example up to Rs 10,000), illustrating the severity of penalties for non-compliance. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"36-B Rule-making" - Section 36-B contemplates government action to frame rules (in conjunction with Section 29 and 68) governing licence procedures, forms, and conditions, thereby shaping enforcement under Section 36. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"Essential ingredients" - An offence under Section 36 often requires (i) possession of forest produce in contravention of licensing/permission requirements, (ii) lack of an appropriate licence or failure to comply with license conditions, and (iii) absence of valid transit/licensing documentation where applicable. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"Transit/regulatory regime" - The transit regime built under Section 29 and related Transit Rules regulates movement of forest produce; moving without a permit constitutes an offence under the Act and may attract penalties under Section 36. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
"Regulatory nature of transit levy" - Movement of timber is regulated (not absolutely prohibited); courts have treated transit regulation as regulatory, not a per se violation of fundamental rights, so long as reasonable and within delegated powers. - [Venkateswara Timber Dept. VS Government Of A. P. ]
"Compounding and bar on further proceedings" - If an offence is compounded under Section 59(2)(iii), no further proceedings can be taken against the offender or the property; this affects how penalties and subsequent actions are pursued. - [DIVISIONAL FOREST OFFICER, KARIMNAGAR EAST VS LACHI REDDY]
"Confiscation mechanism (Section 44(2-A))" - The Act provides a parallel confiscation mechanism (authorized officer) for forest produce and related property, which operates independently of criminal penalties under Section 36. - [State of A. P. VS Yedla Perayya]
"Release and jurisdiction on seizures" - Courts have held that release or disposal of seized forest property follows specific statutory pathways (e.g., via authorized officers or magistrates under different sections), and the Sessions Judge may lack jurisdiction to release seized property when not brought before a magistrate; these dynamics intersect with Section 44 and related provisions. - [State of A. P. VS Yedla Perayya], [DIVISIONAL FOREST OFFICER VS DISTRICT SESSIONS JUDGE WARANGAL]
"Acquittal and confiscation" - An acquittal in a criminal case does not automatically entitle the petitioner to return confiscated forest produce or vehicle; finality of confiscation orders under Section 44(2-A) can persist despite acquittals in criminal trials. - [Mohd. Yaseen VS Forest Range Officer, Flying Squad, Rayachoti, Cuddapah Dist. ]
"Tam arind case context" - In certain contexts, tamarind (and similar minor forest produce) may be treated as forest produce under the Act, but the applicability can depend on whether it is found in or brought from forest; this affects enforcement under Section 36 and related provisions. - [Pujari Balaraju VS Forest Range Officer, Chinthapalli]
"Private lands and scope" - The Act’s application to private lands is recognized, with private forest/produce on non-government lands falling within the regulatory ambit of the Transit Rules and Section 36 penalties when licencing/regulatory requirements are contravened. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
"Transitional regulatory framework (Transit Rules)" - The Andhra Pradesh Forest Produce Transit Rules, 1970, framed under Section 29 and Section 68, establish forms, permits, transit marks, and checks; non-compliance can trigger penalties under Section 36 and related enforcement provisions. - [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
"Penalty enforcement in practice" - Judicial decisions have emphasized that penalties under Section 36 (and its sub-sections) are designed to deter illicit forest activity, including illicit transport and possession, and operate alongside confiscation and regulatory regimes. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ]
"Relation to other statutes and case law" - Several decisions illustrate how penalties under Section 36 interact with compounding, confiscation, appeals, and revision, underscoring the layered structure of enforcement within the AP Forest Act regime. - [State of A. P. VS Yedla Perayya], [DIVISIONAL FOREST OFFICER, KARIMNAGAR EAST VS LACHI REDDY], [Mohd. Yaseen VS Forest Range Officer, Flying Squad, Rayachoti, Cuddapah Dist. ]
"Remedial caution in enforcement" - Courts recognize regulatory aims of the Act and require proper procedure (e.g., publication of rules, licensing, transit documentation) to uphold enforceability of penalties; improper or retroactive enforcement may be challenged in court. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ], [Pujari Balaraju VS Forest Range Officer, Chinthapalli]
"Overview of remedy spectrum" - Section 36 provides criminal penalties; Section 44(2-A) provides confiscation; Section 59(2)(iii) allows compounding; transit rules provide a licensing regime; taken together, these create a comprehensive enforcement framework for forest offences. - [Maddali Pitchayya, etc. VS The State by the Addl. Public Prosecutor, Rajahmundry. ], [State of A. P. VS Yedla Perayya], [DIVISIONAL FOREST OFFICER, KARIMNAGAR EAST VS LACHI REDDY], [Gulam Intiozuddin VS Secretary to Government Of A. P. , (Forest and Rural Development), Hyderabad]
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