TAMIL NADU FOREST ACT 1882

TAMIL NADU FOREST ACT, 1882

Act No. 05 of 1882

01st January, 1883

An Act to make provision for the Protection and Management of Forests in the Presidency of Tamil Nadu. Whereas it is expedient to make provision for the protection and management of forests in the Presidency of Tamil Nadu; It is here by enacted as follows :--

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S.1 Short title / Local extent

This Act may be called the Tamil Nadu Forest Act, 1882.

Local extent.

1[It extends to the whole of the State of Tamil Nadu:]

Provided that the 2[Government] may, by notification in the 3[Official Gazette], exempt any place from the operation of the whole or any portion of this Act but not so as to affect anything done, or any offence committed, or any fine ox penalty incurred, or any proceedings commenced in such place before such exemption, and may in like manner vary or cancel such notification; and it shall come into force on such day as the 2[Government] may by notification in the 3[Official Gazette] direct.

1. This paragraph was substituted by the Madras Adaptation of Laws Order, 1957, with effect from the 1st November 1956 for the original paragraph.

2. The words " Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word " Provincial" was omitted by the Adaptation (Amendment) Or

S.2 Interpretation-clause

In this Act, and in all rules made hereunder, unless there is something repugnant in the subject or context,--

"Government" means the 1[State Government] :
"Collector" means the chief executive Revenue-officer of a district :
"Forest-officer" means any person appointed by name or as holding an office by or under the orders of the Government to be a Conservator, Deputy Conservator, Assistant Conservator, 2[Extra Assistant Conservator], Forest-ranger, Forester, Forest-guard : or to discharge any function of a Forest-officer under this Act or any rule made hereunder :
"District-Forest-officer" means the chief Forest-officer of a district or of a portion of a district, if in independent charge of such portion :
"tree" includes stumps, bamboos and brushwood :
"timber" include trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not :
"forest-produce

S.3 Power to reserve forest

The 1[Government] may constitute any land at the disposal of Government a reserved forest in the manner hereinafter provided.

1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word f Provincial" was omitted by the Adaptation (Amendment) Order of 1950.

S.4 Notification by the Government

Whenever it is proposed to constitute any land a reserved forest, the 1[Government] shall publish a notification in the 2[Official Gazette] and in the official Gazette of the district--

(a) specifying, as nearly as possible, the situation and limits of such land;
(b) declaring that it is proposed to constitute such land a reserved forest;
(c) appointing an officer (hereinafter called the Forest-settlement-officer) to inquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of, any person in or over any land comprised within such limits, or to any forest-produce of such land, and to deal with the same as provided in this Chapter.

The officer appointed under clause (c) of this section shall ordinarily be a person other than a Forest-officer; but a Forest-officer may be appointed by the 3[Government] to attend on behalf of Government at the inquiry prescribed by this Chapter.

S.5 Suits barred

Except as hereinafter provided, no Civil Court shall, between the dates of the publication of the notification under section 4 and of the notification to be issued under section 16, entertain any suit to establish any right in or over any land, or to the forest-produce of any land, included in the notification published under section 4.

S.6 Proclamation by Forest-settlement-officer

When a notification has been issued under section 4, the Forest-settlement-officer shall publish in the official Gazette of the district, and at the headquarters of each taluk in which any portion of the land included in such notification is situate, and in every town and village in the neighbourhood of such land, a proclamation--

(a) specifying, as nearly as possible, the situation and limits of the land proposed to be included within the reserved forest;
(b) setting forth the substance of the provisions of section 7;
(c) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and
(d) fixing a period not less than three months from the date of publishing such proclamation in the official Gazette of the district and requiring every person claiming any right referred to in section 4 either to present to such officer, within such period, a written notice specifying, or to appear before him withi

S.7 Bar of accrual of forest-rights / Prohibition of clearings, etc.

During the interval between the publication of such proclamation and the date fixed by the notification under section 16, no right shall be acquired in or over the land included in such proclamation, except under a grant or contract in writing made or entered into by, or on behalf of the Government, or by, or on behalf of, some person in whom such right, or power to create the same, was vested when the proclamation was published, or by succession from such person;

and no fresh clearing for cultivation or for any other purpose shall be made on such land.

No patta shall, without the previous sanction of the 1[Board of Revenue], be granted on behalf of Government in such land, and every patta granted without such sanction shall be null and void.

Nothing in this section shall be deemed to prohibit any act done with the permission in writing of the Forest-settle -- ment-officer.

1. These words were substituted for the words " Governor in Council" by the Madra

S.8 Inquiry by Forest-settlement-officer

The Forest-settlement-officer shall take down in writing all statements made under section 6, and shall inquire into all claims made under that section, recording the evidence in the manner prescribed by the Code of Civil Procedure 2 in appealable cases.

The Forest-settlement-officer shall at the same time consider and record any objection which the Forest-officer (if any) appointed under section 4 may make to any such claim.

S.9 Powers of Forest

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 authorized by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and
(b) the powers conferred on a Civil Court by the Code of Civil Procedure2 for compelling the attendance of witnesses and the production of documents.

S.10 Claim to rights of occupancy and ownership

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 a 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 specifying the particulars of such claim and admitting or rejecting the same wholly or in part.

Admitted claims.

i. If such claim is admitted wholly or in part, the Forest-settlement-officer may (1) come to an agreement with the claimant for the surrender of the right; or (2) exclude the land from the limits of the proposed forests; or (3) proceed to acquire such land in the manner provided by the Land Acquisition Act, 18701(Central 1 Act X of 1870).

For the purpose of so acquiring such land--

(i) the Forest-settlement-officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 18701(Central Act X of [870);

S.11 Claims to rights of way, watercourse, pasture, and to forest produce

In the case of a claim to rights of the kind specified in clauses (a), (b), (c) and (d) of section 10, the Forest-settlement-officer shall pass an order specifying the particulars of such claim as far as may be necessary to define the nature, incidents and extent of the rights claimed, and admitting or rejecting such claim wholly or in part.

When a claim to any such right is admitted, if the right is for the beneficial enjoyment of any land or buildings, he shall record the designation, position and area of such land, and the designation and position of such buildings.

Where the right is a right to forest-produce, he shall also record whether the forest-produce obtained by the exercise of such right may be sold or bartered.

S.12 Provision for rights of pasture or to forest-produce admitted

When the Forest-settlement-officer has admitted wholly or in part, and recorded under section 11, a claim to a right of pasture or to forest-produce, he shall, as far as possible, provide for the exercise of such right--

(a) by altering the limits of the proposed reserved forest so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimant;
(b) by recording an order continuing to the claimant a right of pasture or to forest-produce (as the case may be), subject to such rules as may be prescribed by the 1[Government].

The order passed under clause (b) shall record, as far as practicable, the number and description of the cattle which the claimant is from time to time entitled to graze, the local limits within which, and the seasons during which, such pasture is permitted; or the quantity of timber or other forest-produce which the claimant is authorized to take or receive,

S.13 Commutation of such rights

Whenever any right of pasture or to forest-produce admitted under section 11 is not provided for in one of the ways prescribed in section 12, the Forest-settlement-officer shall, subject to such rules as the Government may prescribe in this behalf, commute such right by paying a sum of money in lieu thereof, or, with the consent of the claimant, by the grant of rights in or over land or in such other manner as such officer thinks fit.

S.14 Appeal from order passed under sections 11, 12 and 13

The claimant, or the Forest-officer appointed under section 4, or any other person generally or specially empowered by the Government in this behalf, may, within sixty days from the date of any order passed by the Forest-settlement-officer under sections 11, 12 and 13, present an appeal from such order-- to a Forest Court constituted as hereinafter provided, or, where no such Court is constituted, to such officer of the Revenue Department of not less than twelve years' standing as the 1[ Government] may, from time to time, by notification in the 2[Official Gazette], appoint, by name or as holding an office, to hear appeals from such orders.

In disposing of such appeals the Revenue-officer appointed as aforesaid shall be guided by the provisions of sections 39 and 40 of this Act.

1. The words " Provincial Government" were substituted for the words " Governor in Council" by the Adaptation Order of 1937 and the word "Provincial" was omitted by the Adaptation (Amendment)

S.15 Appeal under section 14

Every appeal under section 14 shall be made by petition in writing, and may be delivered to the Forest-settlement -officer, who shall forward it without delay to the appellate authority.

S.16 Notification declaring forest reserved

When the following events have occurred, namely;--

(a) the period fixed under section 6 for preferring claims has elapsed, and all claims (if any) made within such period have been disposed of by the Forest-settlement-officer; and
(6) if such claims have been made, the period fixed by sections 10 and 14 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate authority; and
(c) all proceedings proscribed by section 10 have been taken, and all lands (if any) to be included in the proposed forest, which the Forest-settlement-officer has, under section 10, elected to acquire under the Land Acquisition Act, 1870(Central Act X of 1870),2 have become vested in the Government under section 16 of that Act;

the 1[Government]may publisher notification3 in the 3[Official Gazette], specifying the limits of the forest which it is intended to reserve,

S.17 Extinction of rights not claimed

Rights in respect of which no claim has been preferred under section 6 shall thereupon be extinguished, unless, before the publication of such notification, the person claiming them has satisfied the Forest-settle merit-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6; in which case the Forest-settlement-officer shall proceed to dispose of the claim in the manner hereinbefore provided.

S.17A Power of the Government to redefine the limits of reserved forests in certain cases

(1) Where the description of the limits of any reserved forest notified under section 16 is defective or is not clear in reference to existing facts, the 2 [Government] may, by notification in the 3 [Official Gazette], declare their intention to redefine the limits of such reserved forest so as to remove the defect or to make the description clear in reference to existing facts. Such notification shall specify as nearly as possible the corrections which it is proposed to effect to the limits of the reserved forest.
(2) On the issue of a notification under sub-section (1), the District-forest-officer shall publish in the official Gazette of the district concerned and in such other manner as may be prescribed by rules made in that behalf a notice--
- (a) specifying the corrections proposed by the notification under sub-section (1); and
- (b) stating that any objections which may be made in person or in writing to the District-forest-officer, w

S.18 No right acquired over reserved forest except as here provided

No right of any description shall be acquired in or over a reserved forest, except under a grant or contract in writing made by or on behalf of the Government, or by or on behalf of some person in whom such right, or the power to create such right, was vested when the notification under section 16 was published or by succession from such person:

Provided that no patta shall without the previous sanction of the 1[Board of Revenue] be granted on behalf of Government for any land included within a reserved forest, and every patta granted without such sanction shall be null and void.

1. These words were substituted for the words "Governor in Council " by the Madras Decentralization Act, 1914 (Mad. Act VIII of 1914).

S.19 Rights continued under section 12 not to be alienated without sanction

Notwithstanding anything herein contained, no right continued under section 12 shall be alienated by way of grant, sale, lease, mortgage or otherwise without the sanction of the Government: Provided that, when any such right is continued for the beneficial enjoyment of any land or buildings, it may be sold or otherwise alienated with such land or buildings without such sanction. Any alienation of such right in contravention of this section shall be null and void.

No forest-produce obtained in exercise of any right continued under section 12 shall be sold or bartered except to the extent defined by the order recorded under sections 11 and 12,

Any person selling or bartering any forest-produce in contravention of this section shall be punished with fine which may extend to two hundred rupees.

S.20 Power to stop ways and watercourses in reserved forest

The District-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: Provided that a reasonably convenient substitute for the way or water-course so stopped already exists, or has been provided or constructed in lieu thereof.

S.21 Penalties for trespass or damage in reserved forests, and acts prohibited in such forests

Any person who--

(a) makes any fresh clearing prohibited by section 7; or
(b) sets fire to a reserved forest, or kindles, or leaves burning, any fire in such manner as to endanger the same;

or who, in a reserved forest,--

(c) kindles, keeps or carries any fire except at such season and in such manner as the District-forest-officer may from time to time notify;
(d) trespasses, or pastures cattle, or permits cattle to trespass;
(e) fells, girdles, marks, lops, taps, uproots or burns any tree, or strips off the bark or leaves from, or otherwise damages, the same;
(f) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce;
(g) clears, cultivates or breaks up any land for cultivation or any other purpose; or,
(h) in contravention of any rules made by the 1[Government] hunts, shoots, fishes, poisons water or sets traps or snares;

S.22 Suspension of rights in reserved forests

Whenever fire is caused willfully or negligently in a reserved forest, the Government may (notwithstanding that a penalty has been inflicted under section 21) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.

S.23 Persons bound to assist Forest-officer and Police-officer

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 unnecessary delay to the nearest Forest-officer or Police-station-house-officer any information he may possess respecting the occurrence of a fire in or near such forest or the commission of, or intention to commit, any forest offence; and shall assist any Forest-officer or Police-officer demanding his aid--

(a) in extinguishing any fire occurring in such forest;
(b) in preventing any fire which may occur in the vicinity of such forest from spreading to such forest;
(c) in preventing the commission in such forest of any forest-offence; and
(d) when th

S.24 Power to declare forest no longer reserved

The Government may 1[ * * * ] by notification2 in the 3[Official Gazette] direct that, from a date to be fixed by such notification, any forest or any portion thereof reserved under this Act shall cease to be reserved.

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 inconsequence of such cessation.

1. The words " subject to the control of the Governor-General in Council" were omitted by the Adaptation Order of 1937.

2. Several notifications under this power have been issued, but they are so numerous and liable to such frequent change that it is unnecessary to note them here.

3. These words were substituted for the words " Fort St. George Gazette " by the Adaptation Order of 1937.

S.25 Forests reserved previous to the passing of this Act

The Government may, by notification1 in the 2[Official Gazette], declare any forest which has been reserved by order of the Government previous to the day on which this Act comes into force to be a reserved forest under this Act:

Provided that if the rights of the Government or of private persons to or over any land or forest-produce in such forest have not been inquired into, settled and recorded in a manner which the Government thinks sufficient, the same shall be inquired into, settled and recorded in the manner provided by this Act for reserved forests, before the date on which the notification declaring the forest to be reserved takes effect.

All questions decided, orders issued and records prepared in connection with the reservation of such forest shall be deemed to have been decided, issued and prepared hereunder, and the provisions of this Act relating to reserved forests shall apply to such forest.

1. These words were substituted for the words " Fort S

S.26 Power to make rules

Subject to all rights now legally vested in individuals and communities, the 1[Government] may for any district or portion of a district make rules2 to regulate the use of the pasturage or of the natural produce of land at the disposal of Government and not included in a reserved forest. Such rules may, with respect to such land.--

(a) regulate or prohibit the clearing or breaking up of land for cultivation or other purposes;
(b) regulate or prohibit the kindling of fires, and prescribe the precautions to be taken to prevent the spreading of fires;
(c) regulate or prohibit the cutting, sawing, conversion and removal of trees and timber, and the collection and removal of natural produce;
(d) regulate or prohibit the quarrying of stone, the boiling of catechu, or the burning of lime or charcoal;
(e) regulate or prohibit the cutting of grass and pasturing of cattle, and regulate the payments (if any) to be made for such cutting or pastu

S.27 Power to close land against pasture

Whenever fire is caused willfully or negligently in any land to which all or any of the rules made under section 26 have been extended, the Government may, notwithstanding that a penalty has been inflicted under that section, direct that such land be closed against pasture for such period as it thinks fit:

Provided that an area sufficient in extent and in a locality reasonably convenient is left open for the use of persons having rights of pasture in such land.

S.28 Penalties

Whoever pastures cattle or permits cattle to trespass in land closed under section 27 shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

S.29 On certain lands, the breaking up or clearing for cultivation, etc., may be regulated or prohibited

The 1[Government] may from time to time, by notification in the 2[Official Gazette] and in the official Gazettes of the districts affected thereby, regulate or prohibit in any forest waste-land not at the disposal of Government--

(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle;
(c) the firing or clearing of the vegetation;

when such regulation or prohibition appears to be necessary for any of the following purposes:--

first, for protection against storms, winds, rolling stones, floods and avalanches;
second, for the preservation of the soil on the ridges and slopes, and in the valleys, of hilly tracts, the prevention of landslips and of the formation of ravines and torrents and the protection of land against erosion, or the deposit thereon of sand, stones or gravel;
third, for the maintenance of a water-supply in springs, rivers and tanks;
fourth, for the protec

S.30 In case of refusal by owner, Government may take such lands on lease or acquire them

Whenever the owner of such forest or land may decline to comply with the regulations or directions contained in the said notification, it shall be incumbent upon the Government, if they resolve to assume control of the said forest or land, to take the said forest or land, or so much of it as they may see fit, on lease from the owner for such term as they may deem it necessary to retain the same under control, and the owner shall be bound either to conclude such lease with the Government or to require that such forest or land shall be acquired for public purposes, and in the latter event the Government shall acquire such forest or land accordingly. If such lease is agreed upon, the amount of annual rent to be reserved, and all other questions arising between the owner or persons claiming to be owners and the Government, shall, in case of dispute, be determined in accordance, so far as may be, with the provisions of the Land Acquisition Act, 1870(Central Act X of 1870).1

1. Se

S.31 Acquisition of forest or land under the Land Acquisition Act

In any case under this Chapter in which the Government consider that, in lieu of taking the forest or land under its control, the same should be acquired for public purposes, the Government may proceed to acquire it in the manner prescribed by the Land Acquisition Act, 1870(Central Act X of 1870).1

1. Set now the Land Acquisition Act, 1894 (Central Act I of 1894).

S.32 Protection of forests at request of owners

The owner of any land or, if there be more than one owner thereof, the owners of shares therein, whether divided or not, amounting in the aggregate to at least two-thirds thereof, may, with a view to the formation or conservation of forests thereon represent in writing to the Collector their desire--

(a) that such land be managed on their behalf by the District forest officer, as a reserved forest, on such terms as may be agreed upon; or
(b) that such land be managed subject to the control of the Collector by a person appointed by themselves and approved by the Collector; or
(c) that all or any of the provisions of this Act or rules made thereunder be applied to such land.

The Government may in any such case, 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.

Any such notification may be altered or ca

S.33 Management of forests, the joint property of Government and other persons

If the Government and any person or persons are jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the Government may either--

(a) undertake the management of such forest, wasteland or produce, accounting to such person for his interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the persons so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.

When the Government undertakes, under clause (a) of this section, the management of any forest, waste-land or produce, it may, by notification in the 1[Official Gazette] and in the official Gazette of the district, declare that any of the provisions contained in Chapters II and III of this Act shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.

1. These words were substituted for the

S.34 Persons employed carry out the act to be deemed Forrest officer

All persons employed under sections 30, 32 and 33 to carry out the provisions of this Act shall be deemed to be Forest-officers within the meaning of this Act.

1[ The 2(Government) shall also have power to appoint any person to discharge any function of a Forest-officer under any of the provisions of this Act which have been extended to any land or to any forest or waste-land or produce thereof by a notification under section 32 or section 33 or under any rule make in pursuance of any provision so extended.]

1. This paragraph was added by section 4 of the Madras Forest (Amendment) Act, 1936 (Madras Act VII of 1936).

2. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation Order of 1937 and the word "Provincial" was omitted by the Adaptation (Amendment) Order of 1950.

S.35 Power to make rules to regulate transit of timber

The 1[Government] may make rules to regulate the transit of all timber or of certain classes of timber within local limits as may appear to be necessary. Such rules may (among other matters)--

(a) prescribe the routes by which alone timber may be imported into and, exported from the Presidency of Madras;
(b) prohibit the import and export or moving within defined local limits of timber without a pass from the landholder from whose lands it was brought, or from an officer duly authorized to issue the same or otherwise than in accordance with the conditions of such pass;
(c) prescribe the form of such passes and provide for their issue, production and return;
(d) provide for the stoppage, reporting, examination and marking of timber in transit within defined local limits or at stations established as hereinafter provided;
(e) establish, or authorize the Collector to establish stations to which such timber shall be taken by those in cha

S.35A Power of Central Government as to movements of timber across frontiers

1[Notwithstanding anything in section 35, the Central Government may make rules to prescribe the route by which alone timber may be imported and exported across any customs frontier as defined by the Central Government and any rules made under section 35 shall have effect subject to the rules made under this section.]

1. This section was inserted by the Adaptation Order of 1937.

S.36 Penalties for breach of rules made under sections 35 and 35-A

The 1[Central or, as the case may be, State Government] may, by such rules, prescribe as penalties for the infringement thereof imprisonment for a term which may extend to one month, or fine which may extend to two hundred rupees, or both.

In cases where the offence is committed after sunset and before sunrise, or after making preparation for resistance to the execution of any law or any legal process, or where the offender has been previously convicted of a like offence, the convicting Magistrate may inflict double the penalty prescribed for such offence.

1. The words "Central or, as the case may be Provincial Government" were substituted for the word "Government" by the Adaptation Order of 1937 and the word " State " was substituted for " Provincial" by the Adaptation Order of 1950.

S.37 Appointment and constitution of the Forest Court

Where no revenue-officer has been appointed to hear appeals under section 14, the 1[Government] shall, from time to time as occasion may arise, appoint a Forest Court to hear such appeals. The Court shall consist of three members, of whom--

one shall be the Judge of the Court of any district in which any portion of the land, the rights in or over which are in, dispute, is situated, or the officer presiding in the principal Civil Court of original jurisdiction of such district,
another shall be the Collector of any such district, or an officer of the Revenue Department of not less than twelve years' standing,
and the third member shall be a person specially selected by the 1[Government], not holding an office of profit in the service of the Government.

1. The words " Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "Provincial" was omitted by the Adaptation (Amendment

S.38 The Judge appointed to be the President

The Judge appointed a member as aforesaid shall be the President of the said Court, and shall make all such orders in the case as may be necessary prior to the hearing of the appeal.

The official members of the Court may be appointed by name or as holding an office.

S.39 Hearing of appeals

For the hearing of appeals, the Forest Court shall fix a day and a convenient place in the neighbourhood of the land regarding which, or regarding rights over which, a dispute exists, and shall give notice thereof to the parties.

All cases before the Forest Court shall be heard and disposed of, so far as may be, in accordance with the provisions of the 1Code of Civil Procedure:

Provided that if, on the hearing of any such case, any question of law or of usage having the force of law, or the construction of a document affecting the merits of the case, shall arise on which the Court shall entertain reasonable doubts, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case, and submit it, with its own opinion, for the opinion of the High Court.

And it shall be the duty of the Forest Court to make such reference to the High Court if the questions involve any principle of general importance or affect the r

S.40 Court to pass order which shall be final

At the conclusion of the inquiry, and after receipt of the order of the High Court (which shall be binding upon the Forest Court) upon the reference (if any) prescribe by the preceding section, the Forest Court shall proceed to pass such order in the case as it may consider just and proper; and the order passed by the said Court or by the majority of the members of the said Court shall be final.

S.41 Seizure of property liable to confiscation

When there is reason to believe that a forest offence has been committed in respect of any timber or forest-produce, such timber or produce, together with all tools, ropes, chains, boats, 1[vehicles] and cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer.

Report to Magistrate.

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, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:

Provided, that, when the timber or forest-produce with respect to which such offence is believed to have been committed is the property of 2[the Central or State Government] and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances t

S.42 Procedure thereupon

Upon the receipt of any such report the Magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the property according to law.

S.43 Timber, forest-produce, tools, etc., when liable to confiscation

When any person is convicted of a forest-offence, all timber or forest-produce in respect of which such offence has been committed, and all tools, ropes, chains, boats, 1[vehicles] and cattle used in committing such offence, shall be liable, by order of the convicting Magistrate, to confiscation.

Such confiscation may be in addition to any other punishment prescribed for such offence.

1. This word was substituted for the word "carts" by section 5 of the Madras Forest (Amendment) Act, 1936 (Madras Act VII of 1936.)

S.44 Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was committed

When the trial of any forest-offence is concluded, any timber or forest-produce in respect of which such offence has been committed shall, if it is the property of 1[the Central or State Government] or has been confiscated, be taken possession of by or under the authority of the District-forest-officer; and in any other case may be disposed of in such manner as the Court may order.

1. The words "the Crown" was substituted for the word "Government" by the Adaptation Order of 1937 and the words "Central or State government" were substituted for "Crown" by the Adaptation (Amendment) Order of 1950.

S.45 Procedure when offender is not known or cannot be found

When the offender is not known or cannot be found, the Magistrate, if he is of opinion that an offence has been committed, may, on application in this behalf, order the property in respect of which the offence has been committed to be confiscated and taken possession of by or under the authority of the District-forest-officer, or to be made over to any person whom the Magistrate considers 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.

The Magistrate shall cause a notice of any application under this section to be served upon any person whom he has reason to believe is interested in the property seized, or shall publish such notice in any way which he thinks fit.

S.46 Procedure in regard to perishable property seized under section 41

(1) Notwithstanding anything hereinbefore contained--
- (a) the Magistrate may direct the sale of any property seized under section 41 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 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 clause (a) or clause (b) of sub-section (1) in the same manner, as he might have dealt with the property if it had not been sold.

1. This section was substituted for the original Section 46 by Section 6 of the Madras Forest (Amen

S.47 Appeal from orders under section 43, 44 or 45

Any person claiming to be interested in property seized under section 41 may, within one month from the date of any order passed under sections 43, 44 or 45, present an appeal therefrom which may be disposed of in the manner provided by section 419, Code of Criminal Procedure1.

1. See Now Central Act V of 1898, Section 520.

S.48 Property when to vest in the State

When an order for the confiscation of any property has been passed under section 43 or 45, and the period limited by section 47 for presenting an appeal from such order has elapsed, and no such appeal has been presented, or when on such an appeal being presented the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or portion, as the ease may be, shall vest in the 1[State] free from all incumbrances.

1. This word was substituted by the Adaptation (Amendment) Order of 1950 for the words "Crown for the purposes of the Province" as substituted for the word "Government" by the Adaptation Order of 1937.

S.49 Saving of power to release property seized

Nothing hereinbefore contained shall be deemed to prevent the District-forest-officer from directing at any time the immediate release of any property seized under section 41 and the withdrawal of any charge made in respect of such property.

S.50 Penalty for counterfeiting or defacing marks on trees and timber, and for altering boundary-marks

Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code ( XLV of 1860)--

(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the 1[Central or State Government] or of 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 Forest-officers; or
(c) alters, defaces or obliterates any such mark placed on any timber or standing tree by or under the authority of a Forest-officer; or
(d) alters, moves, destroys or defaces any boundary-mark of any forest or any land to which any provisions of this Act apply;

shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

1. The word "Crow

S.51 Power to arrest without warrant

Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person reasonably suspected of having been concerned in any forest-offence punishable with imprisonment for one month or upwards if such person refuses to give his name and residence, or gives a name or residence which there is reason to believe to be false, or if there is reason to believe he will abscond.

1[Any person arrested under this section shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate; and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.]

1. This paragraph was substituted for the original paragraph by the Adaptation (Amendment) Order of 1950.

S.52 Punishment for wrongful seizure or arrest

Any Forest-officer or Police-officer who veraciously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act, or who veraciously and unnecessarily arrests any person, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

S.53 Power to prevent commission of offence

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

S.54 Operation of other laws not barred

Nothing in this Act shall be deemed to prevent any person from being prosecuted 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 punished twice for the same offence.

S.55 Power to compound offences

Any Forest-officer specially empowered in this behalf may accept, from any person reasonably suspected of having committed any forest-offence other than an offence under section 50 or section 52, a sum of money by way of compensation for the offence which may have been committed, and, where any property has been seized as liable to confiscation, may release the same on payment of the value thereof as estimated by such officer.

On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or property.

S.56 Presumption that timber or forest-produce belongs to the Central or State Government

When, in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the 1[Central or State Government], such produce shall be presumed to be the property of the 1[Central or State Government] until the contrary is proved.

1. The word "Crown" was substituted for the word "Government" by the Adaptation Order of 1937 and the words "Central or State Government" were substituted for "Crown" by the Adaptation (Amendment) Order of 1950.

S.57 Cattle-trespass Act, 1871, to apply

Cattle-trespassing in a reserved forest or on lands on which the grazing of cattle has been prohibited by rules made under section 26, or which has been closed under section 27, shall be deemed to be cattle doing damage to a public plantation within the meaning of the eleventh section of the Cattle-trespass Act, 1871 ( Central Act I of 1871), and may be seized and impounded as such by any Forest-officer or Police-officer.

S.58 Power to alter fines fixed by that Act

The 1[Government] may, by notification in the 2[Official Gazette], direct that, in lieu of the fines fixed by the twelfth section of the Act last aforesaid, there shall be levied, in all or any of the areas to which this Act applies, for each head of cattle impounded under section 57 of this Act, such fines as 3[they think] fit, but not exceeding the following (that is to say) :--

Animal	Rs.	A.
For each elephant	10	0
For each buffalo or camel	2	0
For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, calf or heifer	1	0
For each ass, pig, ram, ewe, sheep, lamb, goat or kid	0	8

1. The words " Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937

S.59 Government may invest Forest-officers with certain powers

The 1[Government] may invest any Forest-officer by name, or as holding an office, with the following powers (that is to say) :--

(a) the powers of a settlement-officer under the Madras Boundaries Act, No. XXVIII of 18602;
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents;
(c) power to hold inquiries into forest-offences, and in the course of such inquiries to receive and record evidence, and to issue search-warrants which may be executed in the manner provided by the Code of Criminal Procedure3;
(d) power to accept compensation for forest-offences under section 55 and may withdraw any powers so conferred.

Any evidence recorded under clause (c) of this section shall be admissible in any subsequent trial before a Magistrate of the alleged offender :

Provided that it has been taken in the prudence of the accused person, and recorded in the manner provided by section 333, se

S.60 Forest-officers deemed public servants

All Forest-officers shall be deemed to be public servants within the moaning of the Indian Penal Code.

S.61 Indemnity for acts done in good faith

No suit or criminal prosecution shall lie against any public servant for anything done or omitted in good faith under this Act.

S.62 [Omitted]

1 [ * * * ]

1. This section was omitted by the Adaptation Order of 1937.

S.63 Additional powers to make rules

The 1[Government] may make rules consistent with this Act--

(a) to declare by what Forest-officer or class of Forest-officers the powers or duties conferred or imposed by or under this Act on a Forest-officer shall be exercised or performed;
(b) to regulate the procedure of Forest-settlement-officers;
(c) to regulate the rewards to be paid to officers and informers from the proceeds of fines and confiscations under this Act, or from the public treasury;
(d) for the preservation, reproduction and disposal of trees and timber belonging to 2[the Central or State Government], but grown on lands belonging to or in the occupation of private persons; and
(e) generally to carry out the provisions of this Act.

1.The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "Provincial" was omitted by the Adaptation (Amendment) Order of 1950.

2. The word

S.64 Rules when to have force of Law

All rules made by the 1[Government] under this Act shall be published in the 2[Official Gazette] and in the official Gazettes of the districts affected thereby, and shall thereupon have the force of law. Such rules may be cancelled or varied by like notification.

Powers of Government exercisable from time to time.

All powers conferred by this Act on the Government may be exercised from time to time as occasion requires.

2. These words were substituted for the words " Fort St. George Gazette " by the Adaptation Order of 1937.

S.65 Government may delegate powers

It shall be lawful for the 1[Government] to delegate any of the powers conferred by sections 19, 20, 22, 27, 58 and 62 to the Board of Revenue, or to such other controlling Revenue-authority as the Government may from time to time appoint.

1. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation Order of 1937 and the word "Provincial" was omitted by the Adaptation (Amendment) Order of 1950.

S.66 Recovery of money due to Government

All money, other than fines, payable to the Government under this Act, or any rules 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 1[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 a District-forest-officer] and all compensation awarded to Government under this Act, may, if not paid when due, be recovered, under the law for the time being in force, as if it wore an arrear of land revenue.

1. These words were inserted by section 2 of the Madras Forest (Amendment") Act, 1933 (Madras Act I of 1934).

S.67 Lien on forest-produce for such money

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, if such amount be not paid when due, such produce may be taken possession of by or under the authority of the District-forest-officer, and may be retained until such amount has been paid, or such Forest-officer may soil such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.

Power to sell such produce.

The surplus (if any), if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to Government.

S.68 Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act

Whenever it appears to the 1[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 moaning of the Land Acquisition Act, 1870(Central Act X of 1870), section 4.2