(Act XVI of 1927)
[21
September 1927]
An Act to
consolidate the law relating to forests, the transit of forest-produce and the
duty leviable on timber and other forest-produce
WHEREAS it is expedient to consolidate the law relating to forests, the
transit of forest-produce and the duty leviable on timber and other
forest-produce;
It is hereby enacted as follows:---
Chapter I
Preliminary
(a) “cattle” includes ungulate, camel, buffalo,
horse, mare, gelding, pony, bull, colt, filly, mule, ass, pig, ram, sheep,
lamb, goat, heifer, bullock and cow;
(b) “Code” means Code of Criminal Procedure, 1898
(V of 1898);
(c) “forest’ means a reserved forest, protected
forest, unclassed forest and village forest and includes wasteland or
rangeland;
(d) “forest land” means a piece of land notified by
the Government as the forest land to develop, protect and conserve forest and
includes a rangeland and wasteland;
(e) “forest land use” means use of a piece of land
for development, conservation and preservation of a forest;
(f) “forest offence” means an offence punishable
under the Act or the rules;
(g) “forest officer” means a person appointed by
the Government as the forest officer;
(h) “forest produce” includes the following,
whether found in or brought from a forest–
(i) timber, firewood, charcoal, catechu,
wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahaua seeds (kuth)
and myrobolam;
(ii) tree and leaves, flowers, seeds and fruits,
and any other part or produce not hereinbefore mentioned, of a tree;
(iii) plant not being a tree (including shrub,
grass, creeper, reed, moss, mushroom, herb, medicinal plant and brushwood) and
any other part or produce of a plant;
(iv) wild animal and skin, tusk, horn, bone, silk,
cocoon, honey, wax and any other part or produce of an animal;
(v) peat, surface soil, rock and mineral
(including limestone, laterite, mineral oil, and any other product of mines or
quarries);
(vi) natural spring; and
(vii) any other produce which may be notified as
forest produce by the Government.
(i) “forest settlement officer” means a person
appointed by the Government as the forest settlement officer;
(j) “Government” means the Government of the Punjab ;
(k) “private public partnership” means management
of a forest as joint venture with a company, individual or entity;
(l) “protected forest” means a forest notified as
protected forest under the Act;
(m) “reserve forest” means a forest
notified as reserved forest under the Act;
(n) “river” includes any stream, canal, creek or
other channel, natural or artificial;
(o) “rules” means the rules made under the Act;
(p) “trespass” means a person or persons entering a
forest with tools and equipment helpful in commission of a forest offence;
(q) “timber” includes wood (firewood, brushwood,
twig, sawdust, chips), whether obtained by falling of a tree or plant or
without it;
(r) “tree” includes a woody plant, palm, bamboo,
stump, brushwood and cane;
(s) “unclassed forest” means a wasteland notified
as the unclassed forest under the Act;
(t) “village forests” means a forest notified as
the village forest under the Act; and
(u) “wasteland”
includes an uncultivated or uncultivable land notified as the wasteland by the
Government.]
Chapter II
Of Reserved Forests
3. Powers
to reserve forest.– The [6][6][Government]
may constitute any forest-land or waste-land which is the property of
Government, or over which the Government has proprietary rights, or to the
whole or any part of the forest-produce of which the Government is entitled, a
reserved forest in the manner hereinafter provided.
4. Notification
by [7][7][Government].– (1)
Whenever it has been decided to constitute any land a reserved forest, the [8][8][Government]
shall issue a notification in the [9][9][official
Gazette]–
(a) declaring
that it has been decided to constitute such land a reserved forest;
(b) specifying,
as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest
Settlement-officer”) to inquire into and determine the existence, nature and
extent of any rights alleged to exist in favour of any person in or over any
land comprised within such limits, or in or over any forest-produce, and to
deal with the same as provided in this Chapter.
Explanation– For the
purpose of clause (b), it shall be sufficient to describe the limits of the
forest by roads, rivers, bridges or other well-known or readily intelligible
boundaries.
(2) The
officer appointed under clause (c) of sub-section (1) shall ordinarily be a
person not holding any forest-office except that of Forest
Settlement-officer.
(3) Nothing
in this section shall prevent the [10][10][Government]
from appointing any number of officers not exceeding three, not more than one
of whom shall be a person holding any forest-office except as aforesaid, to
perform the duties of a Forest Settlement-officer under this Act.
5. Bar of
accrual of forest-rights.– After the issue of a notification under section 4, no
right shall be acquired in or over the land comprised in such notification,
except by succession or under a grant or contract in writing made or entered
into by or [11][11][on behalf of the Government] or
some person in whom such right was vested when the notification was issued; and
no fresh clearings for cultivation or for any other purpose shall be made in
such land except in accordance with such rules as may be made by the [12][12][Government] in this behalf.
6. Proclamation
by Forest Settlement-officer.– When a notification has been issued under section 4,
the Forest Settlement-officer shall publish in the local vernacular in every
town and village in the neighbourhood of the land comprised therein, a
proclamation,---
(a) specifying, as nearly as possible, the
situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter
provided, will ensue on the reservation of such forest; and
(c) fixing
a period of not less than three months from the date of such proclamation, and
requiring every person claiming any right mentioned in section 4 or section 5
within such period either to present to the Forest Settlement-officer a written
notice specifying or to appear before him and state, the nature of such right
and the amount and particulars of the compensation (if any) claimed in respect
thereof.
7. Inquiry by Forest Settlement-officer.– The Forest Settlement-officer shall take down in writing all statements
made under section 6, and shall at some convenient place inquire into all
claims duly preferred under that section, and the existence of any rights
mentioned in section 4 or section 5 and not claimed under section 6 so far as
the same may be ascertainable from the records of Government and the evidence
of any persons likely to be acquainted with the same.
8. Powers
of Forest Settlement-officer.– For the
purpose of such inquiry, the Forest Settlement-officer may exercise the
following powers, that is to say:-
(a) power
to enter, by himself or any officer authorised by him for the purpose, upon any
land, and to survey, demarcate and make a map of the same; and
(b) the
powers of a Civil Court in the trial of
suits.
9. Extinction
of rights.– Rights in respect of which no claim has been
preferred under section 6, and of the existence of which no knowledge has been
acquired by inquiry under section 7, shall be extinguished, unless, before the
notification under section 20 is published, the person claiming them satisfies
the Forest Settlement-officer that he had sufficient cause for not preferring
such claim within the period fixed under section 6.
10. Treatment of claims relating to practice of
shifting cultivation.– (1) In the case of a claim relating
to the practice of shifting cultivation, the Forest Settlement-officer shall
record a statement setting forth the particulars of the claim and of any local
rule or order under which the practice is allowed or regulated, and submit the
statement to the [13][13][Government],
together with his opinion as to whether the practice should be permitted or
prohibited wholly or in part.
(2) On
receipt of the statement and opinion, the [14][14][Government]
may make an order permitting or prohibiting the practice wholly or in part.
(3) If
such practice is permitted wholly or in part, the Forest
Settlement-officer may arrange for its exercise–
(a) by
altering the limits of the land under settlement so as to exclude land of
sufficient extent, of a suitable kind, and in a locality reasonably convenient
for the purposes of the claimants, or
(b) by
causing certain portions of the land under settlement to be separately
demarcated, and giving permission to the claimants to practice shifting
cultivation therein under such conditions as he may prescribe.
[15][15][(3-a) If the admission of any claim, right or interest in a forest
is found detrimental to the forest, the Government may acquire the right or
interest in accordance with the provisions of the Land Acquisition Act 1894 (I
of 1894) and may entrust the powers of Collector under the Land Acquisition Act
1894 (I of 1894) upon a forest settlement officer.]
(4) All
arrangements made under sub-section (3) shall be subject to the previous
sanction of the [16][16][Government].
(5) The
practice of shifting cultivation shall in all cases be deemed a privilege
subject to control, restriction and abolition by the [17][17][Government].
[18][18][(6) The
forest settlement officer may permit the practice of shifting cultivation for a
period not exceeding three years, in case of undeveloped wasteland in order to
develop it into a productive forest, in accordance with the provisions of this
section.]
11. Power to acquire land over
which right is claimed.– (1) In the
case of a claim to a right in or over any land other than a right-of-way or
right of pasture, or a right to forest-produce or a water-course, the Forest
Settlement-officer shall pass an order admitting or rejecting the same in whole
or in part.
(2) If
such claim is admitted in whole or in part, the Forest
Settlement-officer shall either,---
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of
his rights; or
(iii) proceed to acquire such land in the manner provided by the Land
Acquisition Act, 1894[19][19].
(3) For the purpose of so acquiring
such land,---
(a) the
forest Settlement-officer shall be deemed to be a [20][20][District
Officer (Revenue)] proceeding under the Land Acquisition Act, 1894;
(b) the
claimant shall be deemed to be a person interested and appearing before him in
pursuance of a notice given under section 9 of that Act;
(c) the
provisions of the preceding sections of that Act shall be deemed to have been
complied with; and
(d) the [21][21][District Officer (Revenue)], with the consent of the claimant, or the
Court, with the consent of both parties, may award compensation in land, or
partly in land and partly in money.
12. Order on claims to rights of
pasture or to forest-produce.– In the case of a claim to rights of pasture or to forest-produce, the
Forest Settlement-officer shall pass an order admitting or rejecting the same
in whole or in part.
13. Record to be made by Forest
Settlement-officer.– The Forest Settlement-officer, when
passing any order under section 12, shall record, so far as may be
practicable,–
(a) the
name, father’s name, caste, residence and occupation of the person claiming the
right; and
(b) the
designation, position and area of all fields or groups of fields (if any), and
the designation and position of all buildings (if any) in respect of which the
exercise of such rights is claimed.
14. Record where he admits claim.– If the
Forest Settlement-officer admits in whole or in part any claim under section
12, he shall also record the extent to which the claim is so admitted,
specifying the number and description of the cattle which the claimant is from
time to time entitled to graze in the forest, the season during which such
pasture is permitted, the quantity of timber and other forest-produce which he
is from time to time authorised to take or receive, and such other particulars
as the case may require. He shall also record whether the timber or other forest-produce
obtained by the exercise of the rights claimed may be sold or bartered.
15. Exercise of rights admitted.– (1) After
making such record the Forest Settlement-officer shall, to the best of his
ability, and having due regard to the maintenance of the reserved forest in
respect of which the claim is made, pass such orders as will ensure the
continued exercise of the rights so admitted.
(2) For
this purpose the Forest Settlement-officer
may,---
(a) set out some other forest-tract of sufficient
extent, and in a locality reasonably convenient, for the purposes of such
claimants, and record an order conferring upon them a right of pasture or to
forest-produce (as the case may be) to the extent so admitted; or
(b) so
alter the limits of the proposed forest as to exclude forest-land of sufficient
extent, and in a locality reasonably convenient, for the purposes of the
claimants; or
(c) record
an order, continuing to such claimants a right of pasture or to forest-produce,
as the case may be, to the extent so admitted, at such seasons, within such
portions of the proposed forest, and under such rules, as may be made in this
behalf by the [22][22][Government].
16. Commutation of rights.– In case the
Forest Settlement-officer finds it impossible, having due regard to the
maintenance of the reserved forest, to make such settlement under section 15 as
shall ensure the continued exercise of the said rights to the extent so
admitted, he shall, subject to such rules as the [23][23][Government]
may make in this behalf, commute such rights, by the payment to such persons of
a sum of money in lieu thereof, or by the grant of land, or in such other
manner as he thinks fit.
17. Appeal from order passed
under section 11, section 12, section 15 or section 16.– Any person who has made a claim under this Act, or any Forest-officer
or other person generally or specially empowered by the [24][24][Government] in this behalf, may, within three months from the date of
the order passed on such claim by the Forest Settlement-officer under section
11, section 12, section 15 or section 16, present an appeal from such order to
such officer of the Revenue Department, of rank not lower than that of a [25][25][District Officer (Revenue)], as the [26][26][Government] may, by notification in the [27][27][official Gazette], appoint to hear appeals from such orders:
Provided that the [28][28][Government]
may establish a Court (hereinafter called the Forest
Court ) composed of three persons to be appointed by the [29][29][Government],
and, when the Forest Court has been so
established, all such appeals shall be presented to it.
18. Appeal under section 17.– (1) Every
appeal under section 17 shall be made by petition in writing, and may be
delivered to the Forest Settlement-officer,
who shall forward it without delay to the authority competent to hear the same.
(2) If
the appeal be to an officer appointed under section 17, it shall be heard in
the manner prescribed for the time being for the hearing of appeals in matters
relating to land revenue.
(3) If
the appeal be to the Forest Court , the
Court shall fix a day and a convenient place in the neighbourhood of the
proposed forest for hearing the appeal, and shall give notice thereof to the
parties, and shall hear such appeal accordingly.
(4) The
order passed on the appeal by such officer or Court, or by the majority of the
members of such Court, as the case may be, shall, subject to revision by the [30][30][Government],
be final.
19. Pleaders.– The [31][31][Government],
or any person who has made a claim under this Act, may appoint any person to
appear, plead and act on its or his behalf before the Forest
Settlement-officer, or the appellate officer or Court, in the course of any
inquiry or appeal under this Act.
20. Notification declaring forest reserved.– (1) When
the following events have occurred, namely:---
(a) the period fixed under section 6 for preferring
claims has elapsed, and all claims, if any, made under that section or section
9 have been disposed of by the Forest Settlement-officer;
(b) if any such claims have been made, the period
limited by section 17 for appealing from the orders passed on such claims has
elapsed, and all appeals (if any) presented within such period have been
disposed of by the appellate officer or Court; and
(c) all
lands (if any) to be included in the proposed forest, which the Forest
Settlement-officer has, under section 11, elected to acquire under the Land
Acquisition Act, 1894[32][32], have
become vested in the Government under section 16 of that Act,
the [33][33][Government]
shall publish a notification in the [34][34][official
Gazette], specifying definitely, according to boundary-marks erected or
otherwise the limits of the forest which is to be reserved, and declaring the
same to be reserved from a date fixed by the notification.
(2) From
the date so fixed such forest shall be deemed to be a reserved forest.
21. Publication of translation of
such notification in neighbourhood of forest.– The Forest-officer shall, before the date fixed by such notification,
cause a translation thereof into the local vernacular to be published in every
town and village in the neighbourhood of the forest.
22. Power to revise arrangement
made under section 15 or section 18.– The [35][35][Government] may, within five years from the publication of any
notification under section 20, revise any arrangement made under section 15 or
section 18, and may for this purpose rescind or modify any order made under
section 15 or section 18, and direct that any one of the proceedings specified
in section 15 be taken in lieu of any other of such proceedings, or that the
rights admitted under section 12 be commuted under section 16.
23. 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 by succession or under a grant
or contract in writing made by or [36][36][on behalf
of the Government] or some person in whom such right was vested when the
notification under section 20 was issued.
24. Rights not to be alienated without sanction.– (1) Notwithstanding
anything contained in section 23, no right continued under clause (c) of
sub-section (2) of section 15 shall be alienated by way of grant, sale, lease,
mortgage or otherwise, without the sanction of the [37][37][Government]:
Provided that, when any such right
is appendant to any land or house, it may be sold or otherwise alienated with
such land or house.
(2) No
timber of other forest-produce obtained in exercise of any such right shall be
sold or bartered except to such extent as may have been admitted in the order
recorded under section 14.
25. Power to stop ways and watercourses in
reserved forests.– The Forest-officer may, with the
previous sanction of the [38][38][Government]
or of any officer duly authorised by it in this behalf, stop any public or
private way or watercourse in a reserved forest, provided that a substitute for
the way or water-course so stopped, which the [39][39][Government]
deems to be reasonably convenient, already exists, or has been provided or
constructed by the Forest-officer in lieu thereof.
(a) makes fresh clearing which is prohibited
under section 5;
(b) kindles fire or burns fire in the manner
which endangers the forest or sets on fire any plant or tree;
(c) causes damage by negligently felling a tree,
cutting or dragging any timber;
(d) cuts or damages any plant;
(e) fells, girdles, lops, taps or burns a tree or
strips off a bark or leaves of a tree or otherwise damages the same;
(f) quarries stones, mines, minerals, burns lime
or charcoal, or collects or removes any forest produce;
(g) constructs any building, structure, hutment
or cattle pen;
(h) clears or breaks up any land for cultivation
or any other purpose;
(i) encroaches upon the forest land;
(j) causes damage or tempers with barbed wire,
or fence erected in or around the forest;
(k) contravenes any rules relating to hunting,
shooting, fishing, or setting up traps or snares;
(l) kindles, keeps or carries any fire except
during such season as the forest officer may notify in this behalf;
(m) trespasses or pastures cattle, or permits
cattle to trespass;
(n) removes or causes damage to the soil, water,
natural vegetation (shrubs, herbs and plants), fish, wild animals and wild
birds;
(o) damages any structures such as water channel,
check dam, embankment, reservoir or pond;
(p) changes the land use for the purpose other
than development, preservation or conservation of the forest or park; and
(q) installs a saw mill, charcoal kiln or
establishes timber or firewood depot or operates any mechanical aid designed to
cut, fashion or convert a tree or timber or fabricates wood into articles of
furniture, building materials, joinery or articles of domestic or commercial use
in or within five mile radius of the forest;
shall be punished in accordance with the provisions of this section.
(2) If a person contravenes any provision of
sub-section (1), the person shall be liable to punishment of imprisonment for a
term which may extend to six months or fine mentioned in sub-section (3) or to
both.
(3) The value of the damage caused due to the
offence and corresponding amount of fine for the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees;
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees;
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred and fifty thousand rupees;
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five hundred thousand rupees; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage.
(4) If a person commits any offence under
this section after sunset and before sunrise or where the person has been
previously convicted for a forest offence, the person shall be liable to
punishment of imprisonment which may extend to one year or double of the fine
mentioned in sub-section (3) or to both.
(5) Nothing in this section shall be
deemed as an offence, if the act is done–
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act,
rules, grant or contract made by the Government.
(6) If
fire in a reserved forest is caused willfully or by gross negligence, the
Government may suspend exercise of any or all rights of pasture or to forest
produce, for such period as it may determine.
(7) The
Government may, after affording an opportunity of hearing and for reasons to be
recorded in writing, extinguish a right or interest of a person in a reserved
forest.
(8) The forest officer shall seize the forest
produce in respect of which an offence is committed together with any tool,
carriage wagon, cart or other vehicle for transport and anything used in the
commission of the offence.]
[41][41][26-A. Removal
of encroachments etc., from reserved forests.– (1) A Court
convicting an accused person of an offence under clause (h) of sub-section (1)
of section 26 shall direct the accused, if he or any other person on his behalf
be in possession of the land in respect of which he is convicted, to deliver
possession of the same within such period not exceeding thirty days, as the
Court may fix in this behalf, to the prescribed Forest Officer, and to remove
within the said period any encroachments which the accused may have put up or
erected on such land.
[42][42][(2) If
the Court directs an accused person under sub-section (1) to deliver possession
of land in a reserved forest to the prescribed forest officer or to remove the
encroachment and the person fails to deliver the possession or remove the
encroachment within the specified period, the Court may–
(a) direct ejectment of the person from the land or removal of the
encroachment with such force as may be necessary and in such manner as may be
prescribed;
(b) impose upon the accused person, a fine which
may extend to one thousand rupees for every day, after the period fixed by the
Court under the provisions of sub-section (1) has expired and the person
remains in possession of the land or fails to remove the encroachment on such
land; and
(c) direct the accused person to pay to the
Government the expenditure incurred by the Government on removal of the
encroachment.]
[43][43][27. Power
to declare forest no longer reserved.–
(1) The Government shall not declare or notify a reserved forest or any
part of the reserved forest as being no longer reserved forest.
(2) The Government shall not allow change
in land use of a reserved forest, except for the purposes of right of way,
building of roads and development of a forest park ,
but the Government shall not allow construction of concrete building or
permanent structure in the reserved forest.]
Chapter III
Of Village-Forests
28. Formation of village forests.– (1) The [44][44][Government]
may assign to any village-community the rights of Government to or over any
land which has been constituted a reserved forest, and may cancel such
assignment. All forests so assigned shall be called village-forests.
[45][45][(2) The
Government may make rules for management of a village-forest, conditions under
which the village community may use the forest produce other than timber and
pasture and duties of the village community for the protection and improvement
of the forest.]
(3) All the provisions of this Act relating
to reserved forests shall (so far as they are not inconsistent with the rules
so made) apply to village-forests.
[46][46][28-A. Unclassed
forests.– (1) The Government may, by notification, declare a wasteland, not
being a reserved forest or protected forest, as unclassed forest.
(2) The
Government may, by notification, direct that all or any provisions of this Act
relating to a reserved forest or protected forest, shall apply to an unclassed
forest.
(3) The
Government may make rules for management of an unclassed forest.]
Chapter IV
Of Protected Forests
29. Protected forests.– (1) The [47][47][Government]
may, by notification in the [48][48][official
Gazette], declare the provisions of this Chapter applicable to any forest-land
or waste-land which is not included in a reserved forest, but which is the
property of Government, or over which the Government has proprietary rights, or
to the whole or any part of the forest-produce of which the Government is
entitled.
(2) The
forest-land and waste-lands comprised in any such notification shall be called
a “protected forest”.
(3) No
such notification shall be made unless the nature and extent of the rights of
Government and of private persons in or over the forest-land or waste-land
comprised therein have been inquired into and recorded at a survey or
settlement, or in such other manner as the [49][49][Government]
thinks sufficient. Every Such record shall be presumed to be correct until the
contrary is proved:
Provided that, if, in the case of
any forest-land or wasteland, the [50][50][Government]
thinks that such inquiry and record are necessary, but that they will occupy
such length of time as in the meantime to endanger the rights of Government,
the [51][51][Government]
may, pending such inquiry and record, declare such land to be a protected
forest, but so as not to abridge or affect any existing rights of individuals
or communities.
30. Power to issue notification
reserving trees, etc.– The [52][52][Government] may, by notification in the [53][53][official Gazette],---
(a) declare
any trees or class of trees in a protected forest to be reserved from a date
fixed by the notification;
(b) declare
that any portion of such forest specified in the notification shall be closed
for such term, not exceeding thirty years, as the [54][54][Government]
thinks fit, and that the rights of private persons, if any, over such portion
shall be suspended during such term, provided that the remainder of such forest
be sufficient, and in a locality reasonably convenient, for the due exercise of
the rights suspended in the portion so closed; or
(c) prohibit,
from a date fixed as aforesaid, the quarrying of stone, or the burning of lime
or charcoal, or the collection or subjection to any manufacturing process, or
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 land in any such forest.
31. Publication of translation of such
notification in neighbourhood.– The [55][55][District
Officer (Revenue)] shall cause a translation into the local vernacular of every
notification issued under section 30 to be affixed in a conspicuous place in
every town and village in the neighbourhood of the forest comprised in the
notification.
[56][56][32. Power
to make rules for protected forests.– The Government may make rules to
regulate the following matters in relation to a protected forest,---
(a) cutting, sawing, conversion and removal of
trees and timber, and the collection, manufacture and removal of forest-produce;
(b) granting of licence to an inhabitant of a town
or village in the vicinity of the protected forest to use forest produce and
withdrawal of the licence;
(c) granting of licence to a person for felling or
removing a tree or timber or other forest-produce for the purpose of trade and
withdrawal of the licence;
(d) payment that a licensee is required to make in
respect of the licence, tree, timber or forest produce;
(e) examination of forest produce passing out of
the forest;
(f) clearing
or breaking up of land for cultivation or any other purpose;
(g) protection from fire of the timber lying in the
forest and a tree reserved under section 30;
(h) cutting of grass and pasturing of cattle;
(i) hunting,
shooting, fishing, poisoning water and setting trap or snare;
(j) protection and management of any portion of
the forest closed under section 30;
(k) exercise of a right under section 29;
(l) quarrying or mining of stones or minerals,
burning of lime or charcoal, collection or removal of any forest produce;
(m) soil, water, natural vegetation, fish,
wild animals and wild birds;
(n) change of land use in the forest;
(o) protection of the forest land from
encroachment;
(p) water
channels, check dams, embankments, reservoirs and ponds;
(q) construction of a building, structure, hutment
and cattle pen;
(r) installation of a saw mill or operation of any
mechanical aid designed to cut, fashion or convert tree or timber or
fabrication of wood into articles of furniture, building material, joinery or
articles of domestic or commercial use in the forest or within five miles
radius of the forest; and
(s) barbed wire fence in or around the forest.]
(a) fells, girdles, lops, taps or burns a tree
reserved under section 30, or strips off the bark or leaves from, or otherwise
damages, the tree;
(b) contrary to any prohibition under section 30,
quarries any stone, or burns any lime or charcoal, or collects, subjects to any
manufacturing process, or removes any forest produce;
(c) contrary to any prohibition under section 30,
breaks up or clears for cultivation or any other purpose any land of the
forest;
(d) sets or kindles fire without taking reasonable
precautions to prevent its spreading to any tree reserved under section 30,
whether standing, fallen or felled, or to any closed portion of the forest;
(e) leaves any fire burning in the vicinity of any
reserved tree or closed portion of the forest;
(f) fells any tree or drags any timber and damages
any reserved tree;
(g) permits cattle to damage any reserved tree; and
(h) infringes any rule made under section 32;
shall be
punished in accordance with the provisions of this section.
(2) If a person contravenes any provision of
sub-section (1), the person shall be liable to punishment of imprisonment for a
term which may extend to six months or fine mentioned in sub-section (3) or to
both.
(3) The value of the damage caused due to the
offence and corresponding amount of fine for the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees;
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees;
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred and fifty thousand rupees;
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five hundred thousand rupees; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage.
(4) If a person commits any offence under
this section after sunset and before sunrise or where the person has been
previously convicted for a forest offence, the person shall be liable to
punishment of imprisonment which may extend to one year or double of the fine
mentioned in sub-section (3) or to both.
(5) Nothing
in this section shall be deemed as an offence, if the act is done–
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act, rules,
grant or contract made by the Government.
(6) If
fire in a protected forest is caused willfully or by gross negligence, the
Government may suspend exercise of any or all rights of pasture or to forest
produce, for such period as it may determine.]
[58][58][33-A. Power
of Court to convict trespasser.– (1) A Court
convicting an accused person of an office under clause (c) of sub-section (1)
of section 33, shall direct the accused, if he or any other person on his
behalf be in possession of the land in respect of which he is convicted to
deliver possession of the same within such period not exceeding thirty days as
the Court may fix in this behalf, to the prescribed Forest-officer, and to
remove within the said period any encroachment which the accused may have put
up or erected on such land.
[59][59][(2) If
a person fails to deliver possession of land to the forest officer or to remove
the encroachment in contravention of the order of the Court under sub-section
(1),---
(a) the Court may order ejectment of the person
from the land or removal of the encroachment with such force as may be
necessary and in the manner as may be prescribed;
(b) the person shall be liable to fine which may
extend to one thousand rupees for every day during which the person remains in
possession of the land or fails to remove the encroachment after the expiry of
the period fixed by the Court under sub-section (1); and
(c) the Government may recover from the person
the expenditures incurred on removal of the encroachment as arrears of land
revenue.]]
34. Nothing in this Chapter to
prohibit acts done in certain cases.– Nothing in this Chapter shall be deemed to prohibit any act done with
the permission in writing of the Forest-officer, or in accordance with rules
made under section 32, or except as regards any portion of a forest closed
under section 30, or as regards any rights the exercise of which has been
suspended under section 33, in the exercise of any right recorded under section
29.
[60][60][34-A. Power
to declare forest no longer protected.–
(1) The Government shall not declare or notify a protected forest or any
part of the protected forest as being no longer protected forest.
(2) The Government shall not allow change
in land use of a protected forest, except for the purposes of right of way,
building of roads and development of a forest park ,
but the Government shall not allow construction of concrete building or
permanent structure in the protected forest.]
Chapter V
Of the Control over Forests and Lands
not being the property of Government
35. Protection of forests for special purposes.– (1) The [61][61][Government]
may, by notification in the [62][62][official
Gazette], regulate or prohibit in any forest or waste-land–
(a) the breaking up or clearing of land for
cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such
regulation or prohibition appears necessary for any of the following purposes:-
(i) for protection against storms, winds, rolling stones, floods and
avalanches;
(ii) for the preservation of the soil on the ridges
and slopes and in the valleys of hilly tracts, the prevention of land-slips or
of the formation of ravines and torrents, or the protection of land against
erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of
communication;
(v) for the preservation of the public health.
(2) The
[63][63][Government]
may, for any such purpose, construct at its own expense, in or upon any forest
or waste-land, such work as it thinks fit.
(3) No
notification shall be made under sub-section (1) nor shall any work be begun
under sub-section (2), until after the issue of a notice to the owner of such
forest or land calling on him to show cause, within a reasonable period to be
specified in such notice, why such notification should not be made or work
constructed, as the case may be, and until his objections, if any, and any
evidence he may produce in support of the same, have been heard by an officer
duly appointed in that behalf and have been considered by the [64][64][Government].
36. Power to assume management of
forests.– (1) In case of neglect of, or
wilful disobedience to, any regulation or prohibition under section 35, or if
the purposes of any work to be constructed under that section so require, the [65][65][Government] may, after notice in writing to the owner of such forest or
land and after considering his objections, if any, place the same under the
control of a Forest-officer, and may declare that all or any of the provisions
of this Act relating to reserved forests shall apply to such forest or land.
(2) The
net profits, if any, arising from the management of such forest or land shall
be paid to the said owner.
37. Expropriation of forests in certain cases.– (1) In any
case under this Chapter in which the [66][66][Government]
considers that , in lieu of placing the forest or land under the control of a
Forest-officer, the same should be acquired for public purposes, the [67][67][Government]
may proceed to acquire it in the manner provided by the Land Acquisition Act,
1894[68][68].
(2) The
owner of any forest or land comprised in any notification under section 35 may,
at any time not less than three or more than twelve years from the date
thereof, require that such forest or land shall be acquired for public
purposes, and the [69][69][Government]
shall acquire such forest or land accordingly.
38. Protection of forests at request of owners.– (1) The
owner of any land or, if there be more than one owner thereof, the owners of
shares therein amounting in the aggregate to at least two-thirds thereof may,
with a view to the formation or conservation of forests thereon, represent in
writing to the [70][70][District
Officer (Revenue)] their desire–
(a) that
such land be managed on their behalf by the Forest-officer as a reserved or a
protected forest on such terms as may be mutually agreed upon; or
(b) that
all or any of the provisions of this Act by applied to such land.
(2) In either case, the [71][71][Government] may, by notification in the [72][72][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.
Chapter VI
Of the Duty on Timber and
other Forest-Produce
39. Power to impose duty on timber and other
forest-produce.– (1) The [73][73][Government]
may levy a duty in such manner, at such places and at such rates as it may
declare by notification in the [74][74][official
Gazette] on all timber or other forest-produce,---
(a) which
is produced in [75][75][Pakistan
(b) which
is brought from any place outside [77][77][Pakistan ] [78][78][or is
transported from or to any place within Pakistan
(2) In
every case in which such duty is directed to be levied ad valorem, the [80][80][Government]
may fix by like notification the value on which such duty shall be assessed.
40. Limit not to apply to purchase-money or
royalty.– Noting in this Chapter shall be deemed to limit the
amount, if any, chargeable as purchase-money or royalty on any timber or other
forest-produce, although the same is levied on such timber or produce while in
transit, in the same manner as duty is levied.
Chapter VII
Of the Control of Timber and
other
Forest-Produce in Transit
41. Power to make rules to regulate, transit of
forest-produce.– (1) The control of all rivers and their banks as
regards the floating of timber, as well as the control of all timber and other
forest-produce in transit by land or water, is vested in the [82][82][Government],
and it may make rules to regulate the transit of all timber and other
forest-produce.
(2) In
particular and without prejudice to the generality of the foregoing power, such
rules may,---
(a) prescribe
the routes by which alone timber or other forest-produce may be imported,
exported or moved into, from or within [83][83][the
Province];
(b) prohibit
the import or export or moving of such timber or other produce without a pass
from an officer duly authorised to issue the same, or otherwise than in
accordance with the conditions of such pass;
(c) provide
for the issue, production and return of such passes and for the payment of fees
therefor;
(d) provide for the stoppage, reporting
examination and marking of timber or other forest-produce in transit, in
respect of which there is reason to believe that any money is payable to [84][84][the Government] on account of the price thereof, or on account of any
duty, fee, royalty or charge due thereon, or, to which it is desirable for the
purposes of this Act to affix a mark;
(e) provide for the establishment and regulation of
depots to which such timber or other produce shall be taken by those incharge
of it for examination, or for the payment of such money, or in order that such
marks may be affixed to it; and the conditions under which such timber or other
produce shall be brought to, stored at and removed from such depots;
(f) prohibit
the closing up or obstructing of the channel or banks of any river used for the
transit of timber or other forest-produce, and the throwing of grass,
brushwood, branches or leaves into any such river or any act which may cause such
river to be closed or obstructed;
(g) provide
for the prevention or removal of any obstruction of the channel or banks of any
such river, and for recovering the cost of such prevention or removal from the
person whose acts or negligence necessitated the same;
[85][85][(h) prohibit
absolutely or subject to conditions, within stipulated local limits, the
establishment of sawpit, sawmill, charcoal kiln, timber or fire wood depot
within five miles radius of the forest, converting, cutting, burning,
concealing or making of timber, altering or effacing of any mark on the same or
possession or carrying of marking hammer; and]
(i) regulate
the use of property marks for timber, and the registration of such marks;
prescribe the time for which such registration shall hold good; limit the
number of such marks that may be registered by any one person, and provide for
the levy of fees for such registration.
(3) The
[86][86][Government]
may direct that any rule made under this section shall not apply to any
specified class of timber or other forest-produce or to any specified local
area.
[87][87][41-A. Powers
of [88][88][Government] as to movements of
timber across Customs frontiers.–
Notwithstanding anything in section 41, the [89][89][Government]
may make rules to prescribe the route by which alone timber or other
forest-produce may be imported, exported or moved into or from [90][90][Pakistan]
across any customs frontier as defined by the [91][91][Government],
and any rules made under section 41 shall have effect subject to the rules made
under this section.]
42. Penalty for breach of rules made under
section 41.– [92][92][(1) If a
person contravenes any rule, the Government may prescribe that the person shall
be liable to imprisonment which may extend to six months or fine which may
extend to one million rupees or to both.]
(2) Such
rules may provide that penalties which are double of those mentioned in
sub-section (1) may be inflicted in cases where the offence is committed after
sunset and before sunrise, or after preparation for resistance to lawful
authority, or where the offender has been previously convicted of a like
offence.
43. Government and Forest-officers not liable for
damage to forest-produce at depot.– The [93][93][Government]
shall not be responsible for any loss or damage which may occur in respect of
any timber or other forest-produce while at a depot established under a rule
made under section 41, or while detained elsewhere, for the purposes of this
Act; and no Forest-officer shall be responsible for any such loss or damage,
unless he causes such loss or damage negligently, maliciously or fraudulently.
44. All persons bound to aid in case of accident
at depot.– In case of any accident or emergency involving danger
to any property at any such depot, every person employed at such depot, whether
by the [94][94][Government]
or by any private person, shall render assistance to any Forest-officer or
Police-officer demanding his aid in averting such danger or securing such
property from damage or loss.
Chapter VIII
Of the Collection of Drift
and Stranded Timber
45. Certain kinds of timber to be deemed property
of Government until title thereto provided, and may be collected accordingly.– (1) All
timber found adrift, beached, stranded or sunk;
all wood or timber bearing marks
which have not been registered in accordance with the rules made under section
41, or on which the marks have been obliterated, altered or defaced by fire or
otherwise; and
shall be
deemed to be the property of Government, unless and until any person
establishes his right and title thereto, as provided in this Chapter.
(2) Such
timber may be collected by any Forest-officer or other person entitled to
collect the same by virtue of any rule made under section 51, and may be
brought to any depot which the Forest-officer may notify as a depot for the
reception of drift timber.
(3) The
[96][96][Government]
may, by notification in the [97][97][official
Gazette] exempt any class of timber from the provisions of this section.
46. Notice to claimants of drift
timber.– Public notice shall from time to
time be given by the Forest-officer of timber collected under section 45. Such
notice shall contain a description of the timber, and shall require any person
claiming the same to present to such officer, within a period not less than two
months from the date of such notice, a written statement of such claim.
47. Procedure
on claim preferred to such timber.– (1) When any such statement is
presented as aforesaid, the Forest-officer may, after making such inquiry as he
thinks fit, either reject the claim after recording his reasons for so doing,
or deliver the timber to the claimant.
(2) If such timber is claimed by more than
one person, the Forest-officer may either deliver the same to any of such
persons whom he deems entitled thereto, or may refer the claimants to the Civil
Courts, and retain the timber pending the receipt of an order from any such
Court for its disposal.
(3) Any person whose claim has been rejected
under this section may, within three months from the date of such rejection,
institute a suit to recover possession of the timber claimed by him; but no
person shall recover any compensation or costs against the [98][98][Government], or against any Forest-officer, on account of such
rejection, or the detention or removal of any timber, or the delivery thereof
to any other person under this section.
(4) No
such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit
has been brought, as provided in this section.
48. Disposal of unclaimed
timber.– If no such statement is
presented as aforesaid, or if the claimant omits to prefer his claim in the
manner and within the period fixed by the notice issued under section 46, or on
such claim having been so preferred by him and having been rejected, omits to
institute a suit to recover possession of such timber within the further period
fixed by section 47, the ownership of such timber shall vest in the government,
or , when such timber has been delivered to another person under section 47, in
such other person free from all encumbrances not created by him.
49. Government and its officers
not liable for damage to such timber.– The [99][99][Government] shall not be responsible for any loss or damage which may
occur in respect of any timber collected under section 45, and no
Forest-officer shall be responsible for any such loss or damage, unless he
causes such loss or damage negligently, maliciously or fraudulently.
50. Payments to be made by claimant before timber
is delivered to him.– No person shall be entitled to
recover possession of any timber collected or delivered as aforesaid until he
has paid to the Forest-officer or other person entitled to receive it such sum
on account thereof as may be due under any rule made under section 51.
51. Power to make rules and prescribe penalties.– (1) The [100][100][Government]
may make rules to regulate the following matters, namely:---
(a) the
salving, collection and disposal of all timber mentioned in section 45;
[101][101][(b) the
use and registration of boats and other vehicles used in salving and collecting
timber;]
(c) the
amounts to be paid for salving, collecting, moving, storing or disposing of
such timber; and
(d) the
use and registration of hammers and other instruments to be used for marking
such timber.
[102][102][(2) If
a person contravenes any rule made under this section, the Government may
prescribe that the person shall be liable to imprisonment which may extend to
six months or fine which may extend to one million rupees or to both.]
Chapter IX
Penalties and Procedure
52. Seizure of property liable to confiscation.– (1) When
there is reason to believe that a forest-offence has been committed in respect
of any forest-produce, such produce, together with all tools, boats, [103][103][vehicles]
or cattle used in committing any such offence, may be seized by any
Forest-officer or Police-officer.
(2) Every officer seizing any property under
this section shall place on such property a mark indicating that the same has
been so seized, and shall, as soon as may be, make a report of such seizure to
the Magistrate having jurisdiction to try the offence on account of which the
seizure has been made:
Provided that, when the forest-produce
with respect to which such offence is believed to have been committed is the
property of Government, and the offence is unknown, it shall be sufficient if
the officer makes, as soon as may be, a report of the circumstances to his
official superior.
[104][104][53. Power
to release property.– A forest officer, not being below the rank of a
Ranger, may release a tool, boat, vehicle or cattle, not being the forest
produce, seized under section 52, on the execution of a bond by the owner of
the property before the Magistrate, as and when required.]
54. Procedure thereupon.– Upon the
receipt of any such report, the Magistrate shall, with all convenient despatch,
take such measures as may be necessary for the arrest and trial of the offender
and the disposal of the property according to law.
55. Forest produce, tools, etc., when liable to
confiscation.– (1) All timber or forest-produce which is not the
property of Government and in respect of which a forest-offence has been
committed, and all tools, boats, [105][105][vehicles]
and cattle used in committing any forest-offence, shall be liable to
confiscation.
(2) Such
confiscation may be in addition to any other punishment prescribed for such
offence.
56. 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 forest-produce
in respect of which such offence has been committed shall, if it is the
property of Government or has been confiscated, be taken charge of by a Forest-officer,
and, in any other case, may be disposed of in such manner as the Court may
direct.
57. Procedure when offender not known, or cannot
be found.– When the offender is not known or cannot be found the
Magistrate may, if he finds that an offence has been committed, order the
property in respect of which the offence has been committed to be confiscated
and taken charge of by the Forest-officer, or to be made over to the person
whom the Magistrate deems to be entitled to the same:
Provided that no such order shall be
made until the expiration of one month from the date of seizing such property,
or without hearing the person, if any, claiming any right thereto, and the
evidence, if any, which he may produce in support of his claim.
58. Procedure as to perishable property seized
under section 52.– The Magistrate may, notwithstanding
anything hereinbefore contained, direct the sale of any property seized under
section 52 and subject to speedy and natural decay, and may deal with the
proceeds as he would have dealt with such property if it had not been sold.
59. Appeal from orders under section 55, section
56, or section 57.– The officer who made the seizure
under section 52, or any of his official superiors, or any person claiming to
be interested in the property so seized, may , within one month from the date
of any order passed under section 55, section 56 or section 57, appeal
therefrom to the Court to which orders made by such Magistrate are ordinarily
appealable, and the order passed on such appeal shall be final.
60. Property when to vest in Government.– When an
order for the confiscation of any property has been passed under section 55 or
section 57, as the case may be, and the period limited by section 59 for an
appeal from such order has elapsed, and no such appeal has been preferred, or
when, on such an appeal being preferred, the appellate Court confirms such
order in respect of the whole or a portion of such property, such property or
such portion thereof, as the case may be, shall vest in the Government free
from all encumbrances.
[106][106][61. Power
to release a seized property.– Notwithstanding anything contained in this
Chapter, an officer, authorized in this behalf by the Government, may direct
immediate release of any property, which is wrongfully seized under this Act,
not being the property of the Government.]
62. Punishment
for wrongful seizure.– Any Forest-officer or Police-officer who vexatiously
and unnecessarily seizes any property on pretence of seizing property liable to
confiscation under this Act shall be punishable with imprisonment for a term
which may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
[107][107][63. Penalty
for counterfeiting or defacing marks on trees and timber and for altering
boundary marks.– (1) If a person, with intent to cause damage or injury to
the public or to any other person, or to cause wrongful gain–
(a) knowingly counterfeits upon any timber or
standing tree a mark used by a forest officer to indicate that the timber or
tree is the property of the Government or of some person, or that it may
lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark
placed on a tree or timber by or under the authority of a forest officer; or
(c) alters, moves, destroys or defaces any
boundary-mark of a forest or wasteland to which the provisions of this Act are
applied;
the person
shall be liable to imprisonment for a term which may extend to two years or
fine which may extend to one million rupees or to both.
(2) If
the offence under this section is committed after sunset and before sunrise or
the accused is a previous convict for a forest offence, the accused person
shall be liable to double of the penalty prescribed under sub-section (1).]
[108][108][64. Power
to arrest without warrant.– (1) A forest officer, authorized by the
Government may, without warrant, arrest a person, who is found committing an
offence punishable with imprisonment under this Act.
(2) A
forest officer may seize any forest-produce, tool or vehicle used in the
commission of an offence under the Act.
(3) The
forest officer shall produce the person arrested under the Act before the
nearest Magistrate within twenty-four hours of the arrest or release the
arrested person on bond or send the arrested person to the nearest police
station.
(4) The
forest officer shall produce the seized property before the Magistrate.]
[109][109][64-A. Procedure relating to arrests, searches,
etc.– (1) If a forest officer arrests a person or
seizes a property, he shall, within twenty-four hours after the arrest or
seizure, make a report of the particulars of the arrest or seizure to his
immediate superior officer.
(2) A forest officer may, without search
warrant, search any vehicle, boat or place, suspected or likely to be used for
the commission of an offence under this Act.
(3) The provisions of the Code relating to
arrest, seizure and search shall, as nearly as possible, apply to the arrest,
seizure and search under the Act.
(4) A forest officer, not below the rank of a
divisional forest officer, shall, within ten days of the arrest or seizure,
submit a report before the Magistrate in the prescribed manner and such report
shall be deemed as the report under section 173 of the Code.
(5) The Magistrate may conduct an enquiry or
trial of an offence punishable under the Act in accordance with the procedure
prescribed for the enquiry or trial under the Code.]
[110][110][65. Power
to release an arrested person.– A forest officer, not being below the rank
of a Ranger, who has arrested any person under this Act, may release the
person, if the person executes a bond to appear before the Magistrate, forest
officer or officer incharge of the nearest police station.]
66. 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.
[111][111][67. Powers
to try offences summarily.– (1) Notwithstanding anything contained in the
Code, a Magistrate empowered in this behalf by the Government, may summarily
try an offence punishable under this Act and impose a punishment of
imprisonment for a term not exceeding six months or fine not exceeding one
million rupees or to both.
(2) The
Magistrate shall conduct the trial of an offence under the Act in accordance
with the provisions of Chapter XXII of the Code relating to the summary
trials.]
68. Power
to compound offences.– [112][112][(1) The
Government may, by notification, confer power on a forest officer,---
(a) to accept from a person against whom a
reasonable suspicious exists that he has committed any forest offence, other
than an offence specified in section 62 or section 63, a sum of money which is
not less than the value of loss to the property of the Government, as
compensation for the offence; and
(b) when
any property has been seized, not being the property of the Government, to
release the property on payment or without payment of compensation, as may be
prescribed.]
(2) On
the payment of such sum of money, or such value, or both, as the case may be,
to such officer, the suspected person, if in custody, shall be discharged, the
property, if any, seized shall be released, and no further proceedings shall be
taken against such person or property.
[114][114][68-A. Reward
in forest cases.– The Government may, by notification and in the prescribed
manner, allow a forest officer to reward a subordinate forest officer from the
compensation recovered by the forest officer under section 68 which amount
shall not be more than three fourth of the amount of compensation recovered
from the person.]
69. Presumption
that forest-produce belongs to 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 Government, such
produce shall be presumed to be the property of the Government until the
contrary is proved.
Chapter X
Cattle-Trespass
70. Cattle-Trespass Act, 1871, to
apply.– Cattle trespassing in a reserved
forest or in any portion of a protected forest which has been lawfully closed
to grazing shall be deemed to be cattle doing damage to a public plantation
within the meaning of section 11 of the Cattle-Trespass Act, 1871[115][115], and may be seized and impounded as such by any Forest-officer or
Police-officer.
[116][116][71. Powers
to alter fines.– The Government
may, by notification, direct that in lieu of the fines fixed under section 12 of the Cattle-Trespass Act 1871 (I
of 1871), the owner or occupant of the cattle, impounded under section 70,
shall pay the fines, as the Government deems appropriate but such fines shall
not exceed the following amounts:-
for each
buffalo or camel one
thousand rupees
for each
horse, mare, gelding, pony, colt, filly,
mule,
bull, bullock, cow or heifer five
hundred rupees
for each
calf, ass, ram, ewe, sheep, lamb or goat two
hundred rupees.]
Chapter XI
Of Forest-Officers
72. [117][117][Government] may invest Forest-officers with
certain powers.– (1) The [118][118][Government]
may invest any Forest-officer with all or any of the following powers, that it
to say:-
(a) power
to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a Civil
Court to compel the attendance of witnesses and the production
of documents and material objects;
(d) power
to hold an inquiry into forest-offences, and, in the course of such inquiry, to
receive and record evidence.
(2) Any
evidence recorded under clause (d) of sub-section (1) shall be admissible in
any subsequent trial before a Magistrate, provided that it has been taken in
the presence of the accused person.
73. Forest-officers deemed public
servants.– All Forest-officers shall be
deemed to be public servants within the meaning of the Pakistan Penal Code[120][120].
74. Indemnity
for acts done in good faith.– No suit shall lie against any public servant for
anything done by him in good faith under this Act.
75. Forest-officers not to
trade.– Except with the permission in
writing of the [121][121][Government], no Forest-officer shall, as principal or agent, trade in
timber or other forest-produce, or be or become interested in any lease of any
forest or in any contract for working any forest, whether in or outside [122][122][Pakistan].
Chapter XII
Subsidiary Rules
(a) to
prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to
regulate the rewards to be paid to officers and informers out of the proceeds
of fines and confiscation under this Act;
(c) for
the preservation, reproduction and disposal of trees and timber belonging to
Government, but grown on lands belonging to or in the occupation of private
persons; and
(d) generally,
to carry out the provisions of this Act.
[124][124][77. Penalty for breach of rules.– If a
person contravenes any rule made under this Act and for which no penalty is provided
under the Act, the person shall be liable to imprisonment for a term which may
extend to six months or fine which may extend to ten thousand rupees or to
both.]
78. Rules when to have force of law.– All rules
made by the [125][125][Government]
under this Act shall be published in the [126][126][official
Gazette], and shall thereupon, so far as they are consistent with this Act,
have effect as if enacted therein.
Chapter XIII
Miscellaneous
79. Persons bound to assist Forest-officers and
Police-officers.– (1) Every person who exercises any
right in a [127][127][reserved,
protected or unclassed forests], or who is permitted to take any
forest-produce from, or to cut and remove timber or to pasture cattle in such
forest, and every person who is employed by any such person in such forest, and
every person in any village contiguous to such forest who is employed by the [128][128][Government],
or who receives emoluments from the [129][129][Government]
for services to be performed to the community, shall be bound to furnish without
unnecessary delay to the nearest Forest-officer or Police-officer any
information he may possess respecting the commission of, or intention to
commit, any forest-offence, and shall forthwith take steps, whether so required
by any Forest-officer or Police-officer or not,---
(a) to extinguish any forest fire in such forest of
which he has knowledge or information;
(b) to prevent by any lawful means in his power any
fire in the vicinity of such forest of which he has knowledge or information
from spreading to such forest,
and shall
assist any Forest-officer or Police-officer demanding his aid–
(c) in
preventing the commission in such forest of any forest-offence; and
(d) when there is reason to believe that any such
offence has been committed in such forest, in discovering and arresting the
offender.
(2) Any
person who, being bound so to do, without lawful excuse (the burden of proving
which shall lie upon such person) fails–
(a) to furnish without unnecessary delay to the
nearest Forest-officer or Police-officer any information required by
sub-section (1);
(b) to
take steps as required by sub-section (1) to extinguish any forest fire in a
reserved or protected forest;
(c) to
prevent, as required by sub-section (1), any fire in the vicinity of such
forest from spreading to such forest; or
(d) to assist any Forest-officer or Police-officer
demanding his aid in preventing the commission in such forest of any
forest-offence, or, when there is reason to believe that any such offence has
been committed in such forest, in discovering and arresting the offender;
shall be
punishable with imprisonment for a term [130][130][which may
extend to three months or with fine which may extend to twenty-five thousand
rupees or with both].
80. Management of forests the joint property of
Government and other persons.– (1) If the
Government and any person be jointly interested in any forest or waste-land, or
in the whole or any part of the produce thereof, the [131][131][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 person so jointly interested as it deems necessary for the
management thereof and the interests of all parties therein.
(2) When
the [132][132][Government]
undertakes under clause (a) of sub-section (1) the management of any forest,
waste-land or produce, it may, by notification in the [133][133][official
Gazette], declare that any of the provisions contained in Chapters II and IV
shall apply to such forest, waste-land or produce, and thereupon such
provisions shall apply accordingly.
[134][134][80-A. Public
private partnership for development of forests.– (1) Subject to any other law, the Government may invite proposals
from the private sector for the development of a forest, forest land or
wasteland.
(2) The
Government may enter into public private partnership for the development,
preservation and conservation of a forest.
(3) Subject
to the provisions of this Act, the Government may permit any person to use a
forest land or wasteland for,---
(a) increase in the productivity of the forest;
(b) developing the forest park
without disturbing the natural features of the forest;
(c) developing a forest on a forest land or
wasteland; or
(d) developing forest based industry without
disturbing the natural features of the forest.
(4) The Government shall not permit use of
forest land or wasteland for–
(a) construction of a permanent structure; or
(b) change of land use for the purpose other than
development of forest or forest related activities; or
(c) a housing project.
(5) Subject
to any other law, the Government shall enter into a detailed contractual
arrangement with any person in accordance with the provision of this section.
(6) If,
in the opinion of the Government, the person has violated any provision of the
Act or the contractual arrangement, the Government may, in addition to any
other penalty prescribed under the Act, recover possession of the forest land
or wasteland from the person.
(7) Nothing
in this section shall be construed to allow the Government or any person to
permit or to do an act, which is prohibited or punishable under the Act.]
81. Failure to perform service
for which a share in produce of Government forest is enjoyed.– If any person be entitled to a share in the produce of any forest which
is the property of Government or over which the Government has proprietary
rights or to any part of the forest-produce of which the Government is
entitled, upon the condition of duly performing any service connected with such
forest, such share shall be liable to confiscation in the event of the fact
being established to the satisfaction of the [135][135][Government] that such service is no longer so performed:---
Provided that no such share shall be
confiscated until the person entitled thereto, and the evidence, if any, which
he may produce in proof of the due performance of such service, have been heard
by an officer duly appointed in that behalf by the [136][136][Government].
82. Recovery of money due to Government.– All money
payable to the Government under this Act, or under any rule made under this
Act, or on account of the price of any forest-produce, or of expenses incurred
in the execution of this Act in respect of such produce, may, if not paid when
due, be recovered under the law for the time being in force as if it were an
arrear of land-revenue.
83. Lien on forest-produce for such money.– (1) When any such money is payable for or in respect of any
forest-produce, the amount thereof shall be deemed to be a first charge on such
produce, and such produce may be taken possession of by a Forest-officer until
such amount has been paid.
(2) If
such amount is not paid when due, the Forest-officer may sell such produce by
public auction, and the proceeds of the sale shall be applied first in
discharging such amount.
(3) The surplus, if any, if not claimed
within two months from the date of the sale by the person entitled thereto,
shall be forfeited to [137][137][Government].
84. Land required under this Act
to be deemed to be needed for a public purpose under the Land Acquisition Act,
1894.– Whenever it appears to the [138][138][Government] that any land is required for any of the purposes of this
Act, such land shall be deemed to be needed for a public purpose within the
meaning of section 4 of the Land Acquisition Act, 1894[139][139].
85. Recovery of penalties due under bond.– When any
person, in accordance with any provision of this Act, or in compliance with any
rule made thereunder, binds himself by any bond or instrument to perform any
duty or act, or covenants by any bond or instrument that he, or that he and his
servants and agents will abstain from any act, the whole sum mentioned in such
bond or instrument as the amount to be paid in case of a breach of the
conditions thereof may, notwithstanding anything in section 74 of the Contract
Act, 1872[140][140], be
recovered from him in case of such breach as if it were an arrear of
land-revenue.
86. Repeals.– The
enactments mentioned in the schedule are hereby repealed to the extent
specified in the fourth column thereof.
The Schedule
[Enactments
Repealed]. Repealed by the Central Laws (Adaptation) Order, 1961
(P.O. 1 of 1961), Article 2 and Schedule.
[1][1]For statement of objects and reasons, see Gazette of India, 1926, Pt. V. p.
165, and for Report of Select Committee, see
ibid., p. 242.
It has been applied
to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.W.F.P., and extended to the Excluded Area of Upper Tanawal
(N.W.F.P.) other than Phulera with effect from such date and subject to such
modifications as may be notified, see N.W.F.P.
(Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
[3][3]The
original sub-section (2) has successively been amended by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), the Federal laws
(Revision and Declaration) Act, 1951 (XXVI of 1951), the Central laws (Statute
Reform) Ordinance, 1960 (XXI of 1960), the Repealing and Amending Ordinance,
1961 (I of 1961), Adaptation Order, 1961 and the Central Adaptation of Laws
Order, 1964 (P.O. 1 of 1964), and, finally, by the Punjab Laws (Adaptation)
Order, 1974 (Pb.A.O., 1 of 1974).
[6][6]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[9][9]Substituted
for “local official Gazette”, by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[10][10]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[11][11]The original words “on behalf of Govt.” were first
substituted by the
Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the
Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, and, then
amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article
2 (with effect from the 23rd March, 1956), to read as above.
[12][12]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[13][13]Substituted
for the words “Provincial Government” by the Forest
(Amendment) Act 2010 (XVII of 2010).
[16][16]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[20][20]Substituted for the word
“Collector” by the Forest (Amendment)
Ordinance, 2001 (XLVI of 2001). Under Article 5A of the Provisional
Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the
Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject
to any limitation as to duration prescribed in the Constitution.
[22][22]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[25][25]Substituted for the word
“Collector” by the Forest (Amendment)
Ordinance, 2001 (XLVI of 2001).
[26][26]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[27][27]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[28][28]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[30][30]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of 2010).
[33][33]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[34][34]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[35][35]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[36][36]The original words “on behalf of
the Govt.” were first substituted by the Government of India (Adaptation of Indian Laws) Order,
1937, as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937, and, then amended by the Central Laws (Adaptation)
Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March,
1956), to read as above.
[37][37]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[48][48]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[49][49]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[51][51]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[53][53]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[54][54]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[55][55]Substituted
for the word “Collector” by the Forest
(Amendment) Ordinance, 2001 (XLVI of 2001). Under Article 5A of the Provisional Constitution
Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution
of the Islamic Republic of Pakistan, 1973, it shall not be subject to any
limitation as to duration prescribed in the Constitution.
[61][61]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[62][62]Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[63][63]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[64][64]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of 2010).
[69][69]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[70][70]Substituted for the word
“Collector” by the Forest (Amendment)
Ordinance, 2001 (XLVI of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of
1999), as amended, read with Article 270AA of the Constitution of the Islamic
Republic of Pakistan, 1973, it shall not be subject to any limitation as to
duration prescribed in the Constitution.
[76][76]The original
words “the Govt.” were first substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, and, then amended by the Central
Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the
23rd March, 1956), to read as above.
[77][77]Substituted, by the Central Laws (Statute Reform) Ordinance, 1960 (XXI
of 1960), section 3 and 2nd Schedule (with effect from the 14th October 1955),
for “the Province and the Capital of the Federation”, which had been substituted
by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of
1949), for “British India ”.
[80][80]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[81][81]Sub-sections (3) and (4) omitted by the Forest Laws
Amendment Ordinance, 1962 (X of 1962), section 2.
[82][82]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[83][83]Substituted for “British India ”,
by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[84][84]The original word “Govt.” was first substituted ibid., and then amended by Adaptation
Order, 1961, Article 2 (with effect from the 23rd March, 1956), to read as
above.
[87][87]Section 41-A, inserted by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India
[88][88]Substituted for the words “Federal Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).
[90][90]Substituted, by the Central laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the 14th October, 1955), for “the Provinces and the Capital
of the Federation” which had been substituted by the Adaptation of Central Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949), for “British
India ”.
[91][91]Substituted
for the words “Federal Government”, by the Forest
(Amendment) Act 2010 (XVII of 2010).
[93][93]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
“Crown”, which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[95][95]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[97][97]Substituted for
“local official Gazette” by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[98][98]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for
“Crown”, which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[99][99]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for
“Crown”, which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[100][100]Substituted for the words “Provincial Government”, by
the Forest (Amendment) Act 2010 (XVII of
2010).
[121][121]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[122][122]Substituted by the Central Laws
(Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and Schedule (with
effect from 14th October, 1955), for “the Provinces and the Capital of the Federation”,
which had been substituted by the Adaptation of Central Acts and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for “British India ”.
[123][123]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[125][125]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[126][126]Substituted for “local official
Gazette” by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[127][127]Substituted for the words “reserved or protected
forest” by the Forest (Amendment) Act 2010
(XVII of 2010).
[128][128]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
“Crown”, which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[130][130]Substituted for the words “which may extend to one
month or with fine which may extend to two hundred rupees or with both” by the Forest (Amendment) Act 2010 (XVII of 2010).
[133][133]Substituted, for “local official Gazette” by the
Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
[135][135]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
[137][137]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2, for “His Majesty” (with effect from the 23rd
March, 1956).
[138][138]Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of
2010).
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