Hazara Forest Act, 1936

The Hazara Forest Act, 1936

N.W.F.P. ACT   VI of 1937

(Received the assent of the Governor on the 23rd December,
1936 and of the Governor-General on the 5th February, 1937).

An Act to consolidate and amend the law relating to   Reserved 
Forests and Waste-lands in the Hazara District

Preamble.

WHEREAS it is expedient to consolidate and amend the law relating to reserved forests and waste-lands in the Hazara District, and whereas the previous sanction of the Governor-General under sub-section (3) of section 80- A. of the Government of India has been obtained;

It is hereby enacted as follows:---

CHAPTER – I.

Short title, extent and commencement.

1.         (1) This Act, may be called the Hazara Forest Act, 1936. (2) (i) It applies to the whole of the Hazara 1(Division).

2[……………….]:
Provided that the 3 [Provincial Government] may, by noti­fication in the 4 [official Gazette], exempt any specified area from the operation of its provisions.
(ii) A notification under the proviso to clause (1 ) exempting an area from the operation of this Act shall not protect any person committing, within the unexampled area, an act in regard to forest produce of unexampled areas which, if committed within an area not so exemp­ted would be an offence.

(3) It shall come into force at once.

Definitions.

2. In this Act, unless there is anything repugnant in the subject or context

(a)   “brushwood” includes all woody plants with the exception of trees as defined below and of the follow­ing fruit trees when cultivated;
pears, apples, plums, apricots, peaches and vines;

1 .     For the word “District” substituted by N.-W. F. P. Ord. No. XVIII of 1978, (S. 2)

2.      After the word “Division” the words “ with the exception of Upper Tanawal as defined in Regulation II of 19CO “omitted by Notification, ex-N.-W. F. P., Gazette November, 1950.

3.      For the words “Local Government” substituted by A. O., 1937.

4.      The word “Official Gazette” inserted by A. O., 1937.

(b)  “cattle” includes, besides horned cattle, camels, horses, asses, mules, sheep,  goats and the young of such animals;

(c) “Deputy Commissioner’ means the Deputy Commis­sioner of the ! [District concerned in which the forest is situated] or any other officer who may be invested by the 2 [Provincial Government] with all or any of the powers of a Deputy Commissioner under or for the purposes of this Act;

(d) “estate”, “village officer”, “landowner” and “tenant” shall be deemed to have the meanings respectively attributed to them by the 3 [N.-W.F.P. Tenancy Act, XXV of 1950] and the Punjab Land Revenue Act, XVII of 1887;

(e)  “forest offence” means an offence punishable under this Act or under any rule made under this Act;

(f)  “Forest-officer” means any person whom the 2 [Pro­vincial Government] or any officer empowered by the 2[Provincial Government] in this behalf may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act, or any rule made under this Act to be done by a Forest-officer;

(g)  “forest-produce”, includes the following when found in or brought from a reserved forest or from waste­land, namely, minerals, surface, soil, trees, timber, charcoal, brushwood, grass, peat, canes, creepers, reeds, leaves, flowers, fruits, roots, barks, honey, wax, lac, gum and resin ;•

(h)  “Kaghan llaqa” means the lands of the estates in the 4 (Mansehra District of Hazara Division) speci­fied in Schedule—II;

(i)  “protected waste-land” means waste-land in respect of which an order has been passed under section 14;

1.      For the words “Hazara District” substituted by N. W. F. P., Ord: No. XVIII of 1978

S. 3).(a).

2.      For the word “Local Government” substituted by A O , 1937 

3.      For the words and figure “N.-W. F. P.,   Tenancy Act,  XXV of 1950”   by which the Punjab Tenancy Act, is hereby repealed. 

4.      For the words “Mansehra Tehsil of the Hazara District”    subs, by N.-W. F. P., Ord.

No . XVIII of 1978 (S. 3). (b).                                                                .

(j)    “reserved forest” means land which was demarcated as such at settlement.

(k)   l [Commissioner” means the Commissioner of Hazara Division or any other officer who may be invested with the powers of Commissioner for the purposes of this Act];

(1)   “settlement”, means the first and second regular settlements of the 2 [Hazara Division] including the Agror valley;

Provided that in any case where the records of the two set­tlements do not agree the terms shall be understood to refer to the second regular settlement;

(m)  “timber” includes trees when they have fallen or have been felled and all wood of such trees whether cut up or fashioned or hollowed out for any purpose or not;

(n)   “tree” means any tree of a kind specified in Schedule I or any other kind that the Provincial Government] may add to that schedule;

(c)   “village forest-officer” means any person entrusted by the Deputy Commissioner with any function or charge in the waste-land of villages; and

(q)   “waste-land” includes all   uncultivated land except reserved forests, graveyard,   sacred   places, land re corded at settlement as part of the village   site and laud shown as follows: (“Khali” or Banjar Jadid”) in annual records.

CHAPTER—H.
RESERVED FORESTS.

Management of reserved forests.

3.    The management of   reserved forests is vested in the Forest-Officers.

Reserved forests to be property of the Government.

4. Subject only to the rights defined and recorded at settle­ment and to the payment to the village-land owners of seignior age-fees as provided in Section 27, the reserved forests shall be deemed to be 4[vested in the] 5 [Provincial Government] and the forest

1. In section 2.. clans*- (k) by Old. No. XVIII of 1978.

2. For the  words   “Hazara District”  subs. by N.-\V. F. Ordinance  No.   XVIII, of 1978 (8. 3). (d)

3       For the word “Local Government” subs, by   A. O . W7.

4.      For the word “the property of Government” sub-;, by A. O.. I9V7.

5-      Subs,  by W.P.A.L.O.  1964

income accruing from them shall be credited to the 1[Provincial Government] as forest-revenue.

5. No right or privilege in a reserved forest and no produce obtained by its exercise shall be alienated by sale, lease, or other­wise except to ^Provincial Government] unless such alienation is expressly permitted in the order defining and recording such right or privilege:

Alienation of right in or over reserved forest.

Provided that when any such right or privilege attaches to any land it may be sold or otherwise   alienated along with such land.

6.    No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of 2[Provincial Government] or by or on behalf of some person in whom such right was vested under Regulation II of 1873 or Regulation VI of 1893.	Acquisition of right in or over reserved forest.
7. Whenever the limits of any reserved forest are not suffi­ciently indicatd by natural marks or other existing boundaries, they shall be demarcated by permanent and conspicuous marks; and the limits of the tracts assigned for the exercise of recorded rights (where such exist) within the reserved forest and also of the portion of the forest attaching to each village for seignior age purposes shall, where necessary, be similarly demarcated.	Demarcation.
8. Any Forest-officer may, with the previous sanction of the (Provincial Government) or of any officer duly authorized in that behalf, stop any public or private way or water-course in a reserved forest:	Power to stop ways and watercourses.

Provided that a substitute for the way or water-course so stopped, which the 3 [Provincial Government deems to be reasonably convenient, already exists or has been provided or constructed by the Forest-officer in lieu thereof. 
9.    (1) Whoever—

(a)   sets fire to a reserved forest or kindles any fire or leave any lire burning in such way as to endanger such a forest, or who, in a reserved forest;

Acts Prohibited.

1.      In Sections 4-5 for the word local Government by -A O. 10.171.
2.      mill’s for the crown by W.P.A.L.O. 1964 part III.

3.      In sections 8 and 9 for the words “Local Government” substituted by A.O. 1937.

(b)   kindles, keeps or carries any fire;

(c)   grazes or drives cattle or permits cattle to trespass;

(d)   cuts, lops, taps, or bums any tree or brushwood Or strips off the bark or leaves from or otherwise dama­ges the same;

(e)   causes any damage by negligence in felling any trees or cutting or removing any forest-produce;

(f)        quarries stone, burns lime or charcoal or collects or removes any forest-produce;

(g) cultivates any land or clears or breaks up any land for cultivation or any other purpose;

(h)  erects any building or makes any enclosure; (i)    enters into a fenced enclosure;

(j)  in contravention of any rules which the 1 [Provincial Government] may prescribe, shoots or fishes;

(k)  sets snares or traps, or poisons water;

shall be punishable with imprisonment for terms which may extend to 2[two years], or with fine not exceeding 2 (ten thousand rupees), or with both, and shall, in addition thereto, be liable to pay such compensation for damage done to the forest as the convicting Magistrate may direct:

Provided that if the offender be a woman, the Magistrate shall, except for reasons to be recorded in writing, dispense with her presence and permit her to appear by an agent, authorized by writing under the signature or thumb-impression of the woman, attested by a lambardar or some other respectable person.

(2) When the person who is in charge of cattle which have been permitted to trespass in contravention of clause (c) of sub­section (1) is a child under the age of sixteen years, the owner of the cattle shall be deemed to be a person who is guilty of an offence within the meaning of that clause.
1.Subs, for Local Government by A. O., 1937.
2.For the words “Six months” and “five hundred rupees”   subs, by   N.-W. F. P. Ordinance No.Ill of 1980 (S. 2).
HAZARA FOREST ACT, 1936

(3)   Nothing in this section shall be deemed to prohibit:—

(a)   any act done by permission in writing of the Forest officer or under any rule made by the ‘(Provincial Government), or

(b)  the exercise of any right recorded at settlement or created by grant or contract made by or on behalf of the l[Provincial Government|.

2[9-A. (1) A court convicting an accused of an offence under clause (g) or (h) of sub-section (1) of Section 9 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.

Removal of croachuments, , etc. from Reserved Forest.

(2) Any accused person directed by a Court under the last preceding sub-section to deliver possession of land in a Reserved Forest to the prescribed Forest Officer or to remove any encroach­ment there from made by him who fails so to deliver the land or to remove the encroachment, within the period specified by the Court under the said sub-section—

(a)  may, by order of the Court, be ejected from such land and any encroachment made by him, on such land, may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and

(b)   shall also be liable to a fine which may extend to one hundred rupees for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired, that he remains in possession or occupa­tion of the land in respect of which he has been convicted or fails to demolish or remove the encroach­ment on such land].

1     In section 9 sub-section (3) (a)  and (b) for the word “Local Government” subs, by A. O., 1937.
2.    Section 9-A, inserted by West Pakistan Act No. IX of!964 (S. 2).

HAZARA FOREST ACT, 1936

Forfeiture of implements and conveyances.

10. The penalty provided in Section-9, may, in the discre­tion of the adjudicating Magistrate, and in the case of habitual offenders only, be accompanied by the forfeiture of all implements, or conveyances used in the commission or furtherance of the offence adjudicated; and all forest-produce illicitly obtained shall be restored to the Government Forest Department,

Power to declare forest no longer reserved.

11. (1) The ‘[Provincial Government] may 2[...-...] by notification in the official Gazette, direct that, from a date to be fixed by such notification any reserved forest or portion thereof shall cease to be a reserved forest.

(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extin­guished therein shall not revive in consequence of such cessation.
CHAPTER    III. WASTE LANDS

Rights in waste lands.

12. (1) Subject to the rights and powers of the ‘[Provincial Government] in respect of seignior age and forest conservancy as defined in this Act or in rules made there under, and subject also to the claims of right holders not being owners of the soil, all waste-lands are the property, held jointly or severally, as the case may be, of the land-owners of the village in whose boundaries they are included; and such land-owners are entitled to use free of charge for their own domestic and agricultural requirements any trees and forest-produce found in those waste-lands. But they sh­all have no right or power to sell any trees or brushwood growing in such lands except with the permission of the Deputy Commis­sioner or other officer authorized by the ‘[Provincial Government] and under such conditions as the Deputy Commissioner may impose; and all such sales shall be subject to payment to the 1 [Provincial Government1 of seignior age-fees as provided by Section 27.

(2) The claims of right-holders other than land-owners of the village shall be recognized to the extent defined and recorded at settlement, or in case of doubt or dispute, to the extent which hereafter be defined by the Deputy Commissioner with the sanction of the ‘[Provincial Government], and the exercise of such right shall be subject to the provisions of this Act and the rules made thereunder.
(3) Ail deodar trees in Kaghan Ilaqa shall be deemed to be the property of the 1[Provincial Government], and nothing in this section shall be held to affect the right of the 1[Provincial Government[ thereto.

1.    In section 11 and 12 for the word   “Local Government” substituted by A. O., 1937.

2.    The words ‘‘with the previous sanction of Governor-General in Council “omitted by A.O.1937.
HAZARA FOREST, ACT, 1936.

13. (1) Whenever it appears to be necessary to prohibit the breaking up for cultivation of waste-land or its occupation as sites for sheds, buildings or enclosures in order to the better pro­tection of—

Power to protect waste-land.

(a)  the crests and slopes immediately below the  crests of hills within the limits of tree-vegetation,
(b)   catchment-basins of streams, torrents or ravines;
(c) the banks and   beds   of   livers,   streams,   torrents,
and ravines,                                                                                          ‘ ;
(d)  steep slopes,
(e)  waste-lands which, though not situated in any of the above positions, are nevertheless of such value of utility for the supply of forest-produce or otherwise that their breaking up or occupation would in the judgment of the Deputy Commissioner be inadvisable the Deputy Commissioner may issue orders prohibiting the breaking up or occupation of such waste-land, and defining the area to which such prohibition shall extend, and may cause the limits of such area to be shown on the village map and to be demarcated on the ground with boundary-mark so far as may be necessary.

(2) All orders passed by the settlement officer under Sec­tion 11 of the Hazara Forest Regulation, 1893, at the second regular settlement of the ‘ [Hazara Division! shall be deemed to be orders passed under this section.
(3) No such order as is referred to in sub-section (I) or sub-section (2) shall be cancelled by the Deputy Commissioner without the sanction of the Commissioner], but the Deputy Commissioner may from time to time revise such orders by alter­ing the boundary of the protected land so as to exclude any particular plot the protection of which may appear to be un­necessary.

14. (I) If the Deputy Commissioner is of opinion that in any estate the supply of grass, trees or brushwood is not adequate for the present and prospective wants of the residents, he may direct that an area of waste-land not exceeding one-half of the total uncultivated area of the estate shall be set a part in a conven­ient and suitable position, and may record proceeding providing:—

Power to set apart waste-land for growth of grass, trees or Brush wood.

(a)   for the prohibition within this area of all or any of the acts detailed in sub-section (3) of section—9;
1.      For the word”   Hazara District” substituted by Ordinance No.   XVIII of 1973 (S. 4).
2.      For the words “Revenue and Divisional  Commissioner”  sub*, by West Pakistan Act, No. XVI of 1957 (S. 3) W and schedule—IT.
HAZARA FOREST ACT, 1936.
(b)   for the enjoyment of its produce by the residents of the estate and any other right-holders and for the due regulation of that enjoyment;
(c)   for the recovery of costs of management of the area from the said residents and right holders.
(2)   No compensation shall be claimable by the owners or other right-holders of such lands in respect of any orders passed under this section.

Power to set apart waste-land for growth of trees, brush-wood or grass on application of land-owners.

1 [15.    If in any case such proportion of the land-owners of the estate as pay not less than two-third, of the land-revenue due thereon, make an application to the Deputy Commissioner requesting that  a stated   area   of  waste-land owned in common  by them be set apart for the growth of  trees,   brushwood or grass, the Deputy Commissioner shall have power to proceed in respect of that area as provided in Section 14].

Power to protect waste-lands from erosion, etc.

16. (1) If the Deputy Commissioner is of opinion that it is necessary to guard more securely against erosion or the forma­tion or extension of ravines or land ships, he may issue special or­ders prohibiting within the area likely to be affected or that adjacent thereto all or any of the acts detailed in sub-section (1) of Section 9, or permitting them on such conditions as he may see fit to impose.

(2) No compensation shall be claimable by the owners or other right-holders of such land in respect of any orders passed under this section.

Appointment of village forest officer and issue of management orders.

17. (1) The Deputy Commissioner may appoint village’ forest officers to manage the forestry of waste-lands and may issue: general or special management orders to such officers for the pro­hibition of the barking, boring, girdling or otherwise injuring of, trees or brushwood and for the regulation of the felling or lopping of trees or brushwood in such waste-lands for village requirements.

(2) In case of any contravention of orders issued under sub-section (1), the Deputy Commissioner may direct that no trees be felled in the waste without the previous permission in writing of himself or of such officials as may be authorized by him in this behalf; and if permission to sell brushwood has been accorded he may cancel such permission.

Firing of village waste-lands.

18. The Deputy Commissioner may issue special order in writing permitting the firing of any waste-lands within such limits and subject to such conditions as he may think fit.

1,   Section 15 substituted by N.-W, F. P. Act, No. Ill of 1946 (S. 3).

HAZARA FOREST ACT, 1936.

19.    Every village-officer and village forest-officer shall be bound to report any breaking of waste-land protected under Section 13 and any breach of any order passed under the provisions of this ; Chapter as soon as the fact comes to his knowledge.	Village-officers and village forest officers bound to report acts contrary to the above prohibitions.
20.    The Deputy Commissioner may cause to be summarily . ejected any person cultivating land or committing any other act: in contravention of an order passed under   Section 13, Section 14, Section 15 or Section 16, and may direct that any   building or en­closures erected or crop grown on such land in contravention of such order shall be confiscated.	Treatment of illicit cultivation, etc.
21. Where waste-land which has been recorded at settlement as “settlement” or common land or which had been specially reserved as a grazing ground or as a fuel or timber preserve of the village is broken into by cultivation, the Deputy Commissioner on the appli­cation of any right-holder in the village or of his own motion, may eject the author of the encroachment and forbid its repetition by a proclamation published in like manner as a proclamation under Section 22 of the Punjab Land Revenue Act, 1887.	Treatment of encroachment on common land.
22. Where the Deputy Commissioner permits the breaking up and cultivation of land in protected waste or where land has been broken up without his permission and he does not think it necessary or expedient to stop the cultivation thereof, he may impose on the land newly brought under cultivation an assessment , at rates which shall not exceed double the rates on land of similar quality in the same or adjacent village, and, in cases where appli­cation has been made for his sanction previous to the breaking up of the land, shall ordinarily not be higher than those rates.	Assessment of cultivation in protected waste.
23.    (1) in the case of existing cultivation in    dangerous positions on hill-sides the Deputy Commissioner may require the owner or tenant of the land so cultivated to   protect it by a retain­ing wall or to take such other precaution to   ensure the stability of the soil as he may deem necessary.	Protection of cultivation by retaining walls.

(2) Should the owner or tenant fail  to comply   with  the requisition within a reasonable time and also persist in cultivating the land, the  Deputy  Commissioner may  summarily eject him from so much of the land as may be in danger and deal with it in accordance with the provisions of Section 16.
(3) Similarly, the Deputy Commissioner may direct that any extension of cultivation after the date of the introduction of the second regular settlement in dangerous positions on a hill­side shall be protected by retaining walls, and may summarily eject the cultivator of such land if he fails to comply with the order.

(4) No compensation shall be claimable by the owner or tenant of such land in respect of any order passed under this section.

Treatment of cultivation in dangerous positions on hill sides.

24. (1) Where after the date of the introduction of the second regular settlement land is brought into cultivation in dan­gerous positions or hill-sides and the slope is too steep to admit of the construction of retaining walls, the Deputy Commissioner may, if he is of opinion that the prohibition of such cultivation is in the general interest of the village, eject the person cultivating and direct that the land remain uncultivated in

(2) No compensation   shall be claimable by the person ejected in respect of any order passed under this section.

Costs of managements.

25. The cost of management of any waste-land and of the demarcation of any waste-land directed by the Deputy Commis­sioner to be demarcated in accordance with the provisions of this Chapter, may be recovered from all land-owners or from all land owners and right-holders concerned, as an arrear of land-revenue.

Offences in wastelands.

26. Whoever commits or abets the commission of any of th* following offences, namely: —

(1)   breaks up or occupies or, being the owner of the land or a joint owner thereof, permits the breaking up occupation of any waste-land protected under Section B;

(2)   contravenes any order passed under Section 14, Section 15, Section 16, Section 21, Section 23 or Section 24;

(3)   without permission knowingly sells or conveys for sale any tree, timber or brushwood produced on waste-land, or fells, lops, barks, bores, girdles or other­wise injures any such tree or brushwood contrary to any general or management order issued under Section 17;

(4)  sets fire to any wastes-land otherwise than as permitted by an order passed under   Section 18 or negligently • permits any fire to extend thereto,

shall be punishable with imprisonment for a term which may extend to ‘ [Two years], or with fine which may extend to ‘[ten thousand] rupees or with both:

1.    For the word “six months” and “five hundred “subs, by   N.-W. F. P., Ord. No. HI of 1980 (S. 2).

Provided that if the offender be a woman, the   Magistrate shall, except for reasons to be recorded in writing,  dispense with her presence an d permit her to appear by an agent authorized by writing under the signature or thumb-impression   of the woman, attested by a lambardar or some other respectable person.

1. 1[26-A. (1) A Court convicting an accused person of an offence under clause (1) of section 26 shall direct the accused; if he or any other person on his behalf, be in possession of the waste 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.

Power of Court to evict trespassers.

(2) Any accused person directed by a Court under the last preceding sub-section to deliver possession of waste land to the prescribed forest officer or to remove there from any encroach­ment made by him who fails so to deliver the land or to remove the encroachment, within the period specified by the Court under the said sub-section—

(a)  may, by order of the Court, be ejected from such land and any encroachment made by him on such land may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and
(b)  shall also be liable to a fine which may extend to one hundred rupees for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired, that he remains in possession or occupa­tion of the land in respect of which he has been convicted or fails to demolish or remove the encroach­ment on such land.

CHAPTER—IV.

DUTIES AND FEES.

CHAPTER—IV.

DUTIES AND FEES.

27.   (1) In the case of,---

(a)       trees felled in reserved forests.

(b)        firewood supplied from the same, and

(c)        deodar trees felled in the waste-lands of villages in the Kaghan llaqa,

1.    Section 26 A., inserted by West Pakistan Act No, IX. of 1964 (S. 3).

the Forest-Officer shall credit to the Provincial Government] as Forest-revenue the price realized by the sale of such trees o r firewood and on the other hand debit to the ^Provincial Government] and pay to the right-holders entitled thereto in such manner as the Deputy Commissioner may direct the seignior age-fees due according to the list of such fees that is in force for the time being.

(2) Similarly, in the case of trees which are sold from waste-lands, the Deputy Commissioner shall credit to the 1 [Provincial Government] as forest-revenue the seignior age-fees, and the balance of the price realized shall be paid to the right-holders entitled thereto; provided that the trees referred to in this sub-section are of one or other of the kinds entered in the seignio­r age-list which is in force for the time being.

(3) The list of the seignior age-fees in force at the commen­cement of this Act is hereby maintained.

(4) 2 [..... .]the      1[Provincial   Government] shall after every ten years with due reference to the average actual prices realizable, for timber or fuel, revise the rates of fees in such list and may add trees to it or exclude trees from it.

(5) The fees may be uniform throughout the 3[Hazara Division] or varied in different parts thereof, but shall not exceed in any case a fair estimate of half the average net profits realizable on the sales.

(6) Whenever the list of seignior age-fees has been revised, the Provincial Government) shall publish a notification in the official Gazette, which shall set forth the rates of seignior age-fees payable, the circumstances under which any trees have been ex­empted from charge, and such other matters connected with seig­nior age-payments as the J [Provincial Government] may see fit to regulate.
4[28. The Provincial Government  may  levy a  duty  in such manner, at such places   and at such rates ad valorem or otherwise, as it may declare by notification in the official Gazette, on all timber:---

(a) which is produced in Hazara Division, or

(b)  which is brought in to Hazara Division from any place outside that Division,

1.      For the word “Government” subs, by A.O. 1937.

2.      The words  “with the previous sanction of the Governor-General in Council”   omitted by A O., 1937.

3.      For the word   “Hazara District”   substituted by N. W. F. P. Ordinance No. XVTII   of 1978. S. 5.

4.      Section 28 Subs, by N.-W. F. P. Ordinance No. XVIII of 1978 (S. 6).

(c)   which   is     transported   from  or   through Hazara Division to any place outside that Division].

CHAPTER—V.

CONTROL OF FOREST-PRODUCE IN TRANSIT

29.    The  1[Provincial Government] may make rules to regu­late :—

Power or 1[Provincial] Government] to issue rules for floating timber and levying fees.

(a)   the import of timber or of any forest-produce into the 2[Hazara Division];

(b)  the transport of timber or of any forest-produce byland or by rivers and streams within the district, the custody thereof during transit, and the levy of fees
in respect of timber or of any forest-produce trans­ ported;

(c)  the collection   and disposal of waif and unowned timber or of any forest-produce; and

(d)  the use of property marks for timber and the regis­tration of such marks;

and may prescribe as penalty for the infringement of such rules imprisonment which may extend to six months, or fine which may extend to five hundred rupees, or both, and by these rules make provision for the appearance of the woman offender on the lines of the proviso to sub-clause (1) of Section 9.

3[29-A. Notwithstanding anything in section 29, the 4[ ..] Government may make rules to prescribe the route by which alone timber or other forest produce may be imported or transported into the 2[Hazara Division 1 across any customs frontier as defined by the 4[....] Government, and any rules made under section 29 shall have effect subject to the rules made under this section.]

1.      Subs, for the word “Local Government by A. O., 1973.

2.      Subs, by N.W.F.P. ord No. XVIII of 1978 S.8.

3.      Section 29 A ins by A. O., 1937.

4.      The word “Federal” omitted by A. O., 1937.

CHAPTER—VL
DRIFT AND STRAND TIMBERS

Certain kinds of the property of the 1[Provincial Government] until title thereto Proved.

30. (1) All timber found adrift, beached, stranded or sunk, ail timber bearing marks which have not been registered in accordance with any rules which the ^Provincial Government] may have issued, ail timber on which the marks have been altered, defaced or obliterated, and, in such areas as the ‘ [Provincial Government], may, by notification in the official Gazette, direct, all unmarked timber, shall be deemed to be2 (“vested in the 3 [Provincial Government] unless and until some person establishes his right and title thereto.

(2) Such timber may be collected by any Forest-officer and be brought to any depot appointed for its reception.

(3) Due public notice shall be given from time to time of such collection, and any person claiming such timber shall be required to present a written statement of his claim within 3[three] months from the date of such notice.

Procedure on claim preferred to such timber.

3.1. (1) When any such statement is presented as aforesaid, a Forest-officer, not below the rank of a Divisional Forest-officer after making necessary inquiry, either reject the claim after re­cording his reason 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 4! Provincial Government] or against any Forest-officer, on account of such rejection, or the detention or removal of any timber, or the clivery thereof to any other person under this section.

1.      Subs, for the word “ local Government’’ by  VO.. 1937.

2.Subs, for the crown “crown for t ;c purposes of Lie province” by W.P. laws. A.O. 1964.

3.      Subs, by N.W.F.P. Act. II of 1985.

4.      Subs. for the word “crown” by W.P.A.L. O. 1964.

(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.

32. If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period prescribed by the notice issued under Section 32, 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 limited by Section 33 the owner­ship of such timber shall vest in the 1[Provincial Government], or, when such timber has been delivered to another person under Section 33, in such other person, free from all in cumbrances not created by him.

Disposal of unclaimed timber.

33  1[Provincial Government! shall not be responsible for any loss or damage which may occur in respect of any forest-produce while at a depot or while detained elsewhere for the purpose of this Act; and no Forest-officer shall be responsible for any such loss or damage unless he has caused such loss or damage negligently, maliciously or fraudulently.

1[Provincial] Government and its officials not liable for damage to such timber.

CHAPTER
PENALTIES AND PROCEDURE.

34. (1) Every person having rights in a reserved forest, or owning, occupying or having rights in waste-land or land a4-jacent to a reserved forest or to waste land and every person em­ployed iii a reserved forest by the l [Provincial Government] or in waste adjacent to reserved forest by any owner of the waste, shall be bound to furnish without un-necessary delay to the nearest revenue-officer, Forest-officer, village Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit any forest offence; and shall further be bound to use his best endeavours: —

Liability to as-sits in preventing forest offences and fires, etc.

(a)     to extinguish any fire occurring in any such reserved forest or in any such waste-land:---

(b)     to prevent fire from spreading thereto;

(c)     to prevent the commission of any forest offence there­in; 

(d)   when there is reason to believe that a forest offence has been committed therein, to discover and arrest the offender.

1.   In section 32, 33 and 34 for the word “Government” subs, by A. O., 1937.

Provided that a minor or a woman or an infirm person shall not be subject to the above liabilities.

(2) All contractors and all persons employed by contractors in any reserved forest or waste-land; and all persons holding any permit or lease therein, shall be bound in the same way as regards the lands in which their employment or permit or lease subsists.

(3) Every person who neglects any duty imposed on him by this section shall, on conviction before a Magistrate, be punishable with fine which may amount to one hundred rupees, and in default of payment may be sentenced to simple imprison­ment for a term not exceeding six months. In a case of second conviction simple imprisonment not exceeding six months may be awarded in addition to the above penalty:---

Provided that if the offender be a woman, the   Magistrate shall, except for reasons to be recorded in writing, dispense with her presence and  permit  her   to appear by an agent,   authorized by writing under the signature or thumb-impression of the women, attested by a lambardar or some other respectable person.

35. In cases of illicit firing of any reserved forest or of repeated or serious   damage   thereto   in   contravention of    any   of the provisions of this  Act  or rules  made thereunder,   the Deputy Commissioner   (whether or not any punishment has been inflict­ed under section 9 or section 36)   may direct that the area so burnt or damaged and also the whole or any part of the area of the forest attaching to the village to which the offender or offenders are proved or believed to belong shall be closed against all or any of, the following  acts,  namely,  cattle-grazing, grass-cutting, the  felling and lopping of trees and   gathering  of-dead  wood, for  a-period   not  exceeding   one year or, with    the   sanc­tion of [Provincial   Government],   for any longer   period that-may be thought fit.

36. In cases of a flagrant or habitual violation of any of the provisions of this Act or rules made thereunder the Deputy Com­missioner (whether or not any punishment has been inflicted under Section 26 or Section 34) may, with the previous sanction of the 2[Commissioner], direct that within the limits of the whole of the waste-land affected or of a specified portion thereof all or any of the following acts, namely, cattle-grazing, grass-cutting, tree-felling and the cutting and gathering of brushwood or any other kind of wood shall be totally prohibited for a period not exceeding one year or, with the sanction of the Provincial Government], for any longer period that may be thought fit.

1.      For the word “Government” substituted by A. O., 1937.

2.      For the word “Revenue and Divisional Commissioner” subs: by West Paklstao Act No. XVI of 1957 schedule 111 (2).

37. Whoever contravenes an order passed, under section 36 shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both:

Punishment for act in contract vention of order passed under section 36.

Provided that if the offender be a woman, the Magistrate shall, except for reasons to be recorded in writing, dispense with her presence and permit her to appear by an agent, authorized by writing under the signature or thumb-impression of the woman, attested by a lambardar or some other respectable person.

38. In all cases of illicit cultivation in any reserved forest or protected waste-land (whether or not any punishment has been inflicted under Section 9 or Section 26), the Deputy Commissioner may demarcate the land so cultivated, and may suspend the exercise in such land of all rights therein for two years or for such longer time as may be necessary for the re-production of any trees, brushwood or turf that may have been destroyed in order to its cultivation.

Power to close land illicitly cultivated.

39.   (1) Any Revenue, Police, or Forest-officer may  seize-

Power of seizure of forest-produce unlawfully removed.

(a)  any forest-produce which he has reason to believe has been obtained or is being transported contrary to any provision of this Act, or of any rules or orders made thereunder; and

(b)  any tools or carriage, wagon, cart, truck or other vehicle used in the commission of any offence against such Act, rules or orders.

(2) Such seizure shall be reported forthwith to the nearest Magistrate having jurisdiction in respect of such offence.

(3) All forest-produce in respect of which an offence under this Act or any rule made thereunder has been committed, .and any tools or carriage, wagon, cart or other vehicle used in committing any such offence, shall be liable to confiscation.

(4) When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, direct   that   anything   seized   under   sub-section   (1)   shall  be, confiscated:---

1[Provided that the order of the   confiscation made   under this Section shall not affect the interest   of such  right  holders, having a right in the forest produce under section 27,  who are not directly or indirectly involved in the commission of the offence],

1.       The proviso inserted by  N.-W.P.P. ,Act., No. II of 1985.

Power to release property seized under section 39.

40. Any Revenue-officer or any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized wagon, cart, truck or other vehicle under the provisions of Section 39, may release the same on the execution by the owner thereof of a bond for the production of the property so released if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

Punishment for wrongful seizure.

41. Any Forest-officer or Police-officer who vexatiously and un-necessarily 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..

Penalty for counterfeiting or defacing marks on trees and timber or altered boundary marks.

42. Whoever with intent to cause damage or injury to the public or to any person or to cause wrongful gain as defined in the Pakistan Penal Code:—

(a)   knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers or other person to indicate that such timber or tree is the property of * [Provincial Government] or of such other person, or that it may lawfully be cut or removed by some person; or

(b)   alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or

(c)   alters, moves, destroys or defaces any boundary mark of any forest or waste-land to which the provis­ions of this Act are applied;

shall be punishable with imprisonment for a   term    which   may extend to two years, or with fine, or with both:---

Provided that if the offender be a woman, the Magistrate shall, except for reasons to be recorded in writing, dispense with her presence and pemit her to appear by an agent, authorized by writing under the signature or thumb-impression of the woman, attested by lambardar or some respectable person.

43. (1) Any Revenue, Police, Forest or village forest-officer may arrest without a warrant any person committing within his sight an offence punishable under this Act.

(2) Every officer making an arrest under this section shall without un-necessary delay, and subject to the provisions of this Act as to release on a bond, take or send the person so arrested to the nearest Magistrate or police-station, there to be idaased on bail personal recognizance pending the trial of the case.

1.    subs, for the word “Government’’ by A. O., 1937. and then sab3. by W.P.L.A, order 1964 Part-Ill

44. Any Revenue Officer or any Forest-Officer of a rank not inferior to that of a Ranger who or whose subordinate, has arrested any person under the provisions of Section 43 may release such person on his executing a bond to appear, if and when so re­quired, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police-station.

Power to release on bond a person arrested.

45. (1) the ‘[Provincial Government] may, by notification in the Official Gazette empower any Forest-officer:—

Power to compound offences.

(a)  to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in Section 41 or Section 42, a sum of money by way of compensa­tion for the offence which such person is suspected to have committed; and

(b)  when any property has been seized as liable to confi­scation, to telease the same on payment of the value thereof as estimated by such officer.

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

(3) No Forest-officer shall be empowered under this sec­tion unless he is of a rank not inferior to that of Ranger, and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under sub-section (1) clause (a) shall in no case exceed the sum of fifty rupees.

46.    All. proceedings relating to offences   and    criminal liabilities under this Act shall be governed by the Code of Criminal Procedure, 1898.

Procedure.

47. (1) No Civil Court shall exercise jurisdiction over any’ of the following matters, namely:—

Jurisdiction.

(a)   any matter provided for in Section 3 to 25 both inclusive;

(b)   any matter provided for in Section 35, 36 and 38.

1. subs, for Local Government” by A, O., 1937.

(2) In the matters referred to in sub-section (i) jurisdic­tion shall rest with the Revenue-officer only and all proceedings shall be governed by the procedure prescribed by law for the time being in force for the regulation of such proceedings.

(3) Every order passed by a Revenue-officer in exercise of the above Jurisdiction shall be subject to such rights of appeal and powers of review and revision as are provided in Section 80 to 84 of the J[N.-W. F P. Tenancy Act, 1950].

CHAPTER—VIII.

CATTLE TRESPASS.

48. (1) Cattle trespassing in a reserved forest or in any Waste-land set apart or protected under Section 14, Section 15, or Section 16, or in any area which has been closed to grazing under Section 35, shall be deemed to be cattle doing damage to a public plantation within the meaning of Section II of the Cattle Trespass Act, 1871, and may be seized and impounded as such by any Forest or village-forest or Police Officer.

(2) The 2 [Provincial Government] may, by notification in the official Gazette, direct that in lieu of the fines imposed by Section 12 of the said Act there shall be levied for each head of cattle impounded under sub-section (1) such fines as it may think fit not exceeding the following, that is to say:---

a.—p.

For each buffalo or camel                                               ..       2— 0— 0

For each horse, mare, gelding, pony,

colt,   filly,   mule, bull, bullock,

cow   or   heifer.                                                                         1— 0— 0

For each calf, ass, pig, ram, ewe, sheep,                        0— 8— 0 

lamb, goat or kid

Provided that:---

when cultivation closely adjoins the boundary of a forest, no cattle straying from such cultivation or its neighborhood shall be liable to seizure under this section unless the forest in that part adjoining the said cultivation has been clearly demarcated, and

(b)  no cattle shall be liable to seizure    which   are being lawfully driven along a   road or track  on  which a right of way exists even   though they stray from such road or track;

1.   Punjab Tenancy Act, XVI of 1887 has been repealed by  N.-W. F. P.,  Tenancy Act, 1950.

2.   In section- 48 and 49 for (he word “Government” substituted by A. O., 1937.

so long as the  driver has used reasonable care and diligence   to prevent his cattle from so straying and to drive back such astray.

CHAPTER—IX

FOREST OFFICERS

49. The ] [Provincial Government] may invest any gazetted Forest-officer with all or any of the powers of a Deputy Commis­sioner under this Act, and with all or any of the powers with which an Assistant Collector may be invested under the provisions of the Punjab Land Revenue Act No. XVII of 1887:

Conferment on forest- officers of powers of Deputy Commissioner or Assistant Collector.

Provided that any Forest-officer invested with any powers under this section shall exercise such powers subject to the control of the Deputy Commissioner.

2[..............]

50. (1) The ] [Provincial Government] may invest any Forest-officer with all or any of the following powers, that is to say:—

Conferment on Forest officers of certain other powers.

(a)   power to enter upon any land and to survey,  demar­cate and make a map of the same;

(b)   powers of a Civil Court to compel the attendance of witness and the production of documents; 

(c)   power to issue a search   warrant under the Code of Criminal Procedure 1898 (V of 1898);

(d)  power to hold inquiry into forest-offences, and in the course of such inquiry,   to receive and record state­ment.

(2) Any statement recorded   under   clause (d)   of   sub­section (1)    shall be   admissible in any subsequent trial before a Magistrate to the same extent as statement recorded by the Police during the investigation.

51.   All Forest-officers shall be deemed to be public servants within the meaning of the  3[Pakistan Penal Code I860].	Forest-officers deemed public servants.
52. Except with the permission in writing of the  ‘[Provin­cial Government] no Forest-officer shall, as principal or agent, trade in timber or any forest-produce or be or become interested in any lease of any forest or in any contract for   working any forest, whether in 4[Pakistan] or foreign territory.	Forest-officers not to trade.

1.   subs, by A. O., 1937.

2   The word “of the Hazara District” omitted by   N.-W. F. P.,    Ordinance No. XVIII of 1978 (S. 9).

3.   In section 51 rules for the word “Pakistan Penal Code, 1860.

4.   For the word “British” substituted by W. P. (Adaptation of Laws) order 1958

(S. 3) and Schedule— III.

CHAPTER—X.

SUPPLEMENTAL PROVISIONS.

Additional powers to make rules.

53.    (1) The 1[Provincial Government] may make rules to :c   carry out the objects and purposes of this Act.

(a)   prescribe and limit the powers and duties of any Forest-officer under this Act;

(b)   provide for the disposal of the proceeds of fine, con­fiscation and other sums received under this Act and the regulation of rewards to be paid there from to officers, informers and others;

(c)   provide for the preservation, reproduction and dis­posal of trees, brushwood and timber produced on waste-lands.

Publication of rules in official Gazette.	54.   All rules made under this Act   shall be published in the Official Gazette, and on such   publication   shall have effect as if enacted in this Act.
Indemnity for acts done in good faith.	55.    Subject to the provisions of Section 4,  no suit, prosecution or other proceeding shall   be   entertained in   any   Court against any public servant for anything done in pursuance or  ex­ecution of this Act   or done in good faith and in intended execu­tion of this Act.
Recovery of money due to the Government,	56. All money payable to 2]Provincial Government) under this Act, or any rule made thereunder or on account of the price of any forest-produce or of expenses connected with any act done in accordance with the provisions of this Act or the rules made under it 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.
Recovery of penalties due under bond.	57. 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 sum men­ tioned 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 2[....] Contract Act, 1872, be re­ covered from him in case of such breach as if it were an arrear of land-revenue.
Repeal of Regulation III of 1911.	58.    The Hazara Forest Regulation (III of 1911) is hereby repealed.

1.      For the word “Government” substituted by A O., 1937

2.      Subs  by W.P.A.L.O. 1964

3       The word India omitted by Act, XIX of 1972.

SCHEDULE- I LIST OF PROTECTED TREES

(See Section – 2) (n).)

Scientific  name	Local name	English name
Tamarisk articulate	Rukh	Tamarisk.
Bombax malabaricum	Simbal	Silk cotton tree.
Grewia oppositifolia.	Dhaman	-
Melia Azedarach	Dhrek	Persian lilac or bastard Cedar.
Cedrela Toona	Drawa	Toon.
Cedrela Serrata	Drawa	Hill Toon.
Acer caesium	Trikan	-
Acer cultratum	Trakan Trakana	Maple
Aesculus Indic	Bankhor	Indian horse chest nut.
Pistacia integerrime	Kangar	Pistachio.
Dalbergia Siscoo	Tali	Shisham.
Cassia Fistula	Anaktas	Indian Laburnum.
Bauhinla variegata	Kachnar	-
Acacia catechu	Khair	Cutch.
Acacia modesta	Phula	Acacia.
-	Phulah	-
Albizzia Lebbek	Sirin	Siris.
Prunus Padus	Kala Dat	Bird cherry.
Engenia Jambolana	Jaman	Black plum.
Cornus macrophylla.	Kandar	-
Pieris ovalifolia	Rat tankath	-

 HAZARA FOREST ACT, 1936

Scientific name	Local name	English name
Rhododendron arbo-arboreum	Rantol chhan.	Rhododendron
Diospyros lotus	Amlok	European date plum
Pyrus pashia	Batangi	Wild pear
Fraxinus floribunda	Sum	Ash.
Exbxigus	Hanzu	-
Olea Ferngines	Kao	Indian olive.
Olea Standulifawa	Bankao	-
Shrectio Seuninate	Punah	-
Phoebe lancealata	Chan	-
Phyllan-thus emblics	Amla	-
Ulmus, viilichiawa	Kain	Large-leaved elm.
Ulmus, villosa	Mannu	Small-leaved elm.
Celtis australis	Batkar Baktara.	Nettle-tree.
Merus alba	Tutli	White mulberry.
Ficus bengalensis	Bor	Banyan.
Ficus religiosa	Pipal	Pipal.
Fious Rexburghii	Barh or Hurmul.	-
Plantanus orientalis	Chenar	Plane
Juglans regia	Arkhort Akhor.	Walnut.
Betule utilis	Bhurj	Birch.
Ainus nitida	Sharol	Alder.
Quercus semcarpifolia.	Bancher	Brown oak.

HAZARA FOREST ACT, 1936

Scientific name	Local name	English name
Quercus dilatata	Barungi	White oak.
Quercus Len	Rhim	Holm oak.
Quercus incana	Rhin	White oak.
Quercus glauca	Barin	Oak.
Salix tetrasperma	Bin, bins	Willow.
Populus ciliata	Palach	Himalayan poplar.
Pupulus albs	Sofeda	White Poplar
Taxus baccata	Barmi, thuni	Yew.
Pinus excelsa	Bar	Blue Pine.
Pinus longifolia	Chir	Long-leaved pine.
Cedrus Libania	Diar	Deodar.
Picea Morinda	Kachal	Himalayan spruce.
Abies Webbians	Paludar acha	Himalayan silver fir
Euclayptus sp.	Gund	-

SCHEDULE-II
LAND COMPRISING KAGHAN ILAQA

(See-Section 2 (h)]

Khghan, (Jared, Bhunia, Manur, Phagal),

Bhutandes, Kambal-ban, Kawai Suhan, Bela, Sacha, Chushal, Paras Sangar, Ghanul, Hingrai, Balakot, Khas Banbigar, Bibhara, Patlang, Jiggan, Mitti Kot, Ghanela, Khet Sarch, Sathanni Khan Shian, Kumni, Khangiri, Bhandia, Josach

1.             Called Paludar in Kaghan Illaqa.

2.             Called Rewar in Kaghan Illaqa.