[1]THE FOREST ACT, 1927
( XVI of
1927)
[21st
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
1. Short
title and extent.– (1) This Act may be called the [2][
* * *] Forest Act, 1927. [3][(2)
It extends to the Punjab;]
(3) 4[* * * * * * * * * * * *].
[4][2. Interpretation clause.– In this Act–
(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 [5][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[Government].– (1)
Whenever it has been decided to constitute any land a reserved forest, the 8[Government] shall
issue a notification in the [6][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 [7][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[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[
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
Settlementofficer 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
The original words “on behalf of Govt.” were first substituted
by the Government of India (Adaptation of Indian Laws) Order,
, 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.
Substituted for the words “Provincial Government” by the
Forest (Amendment) Act 2010 (XVII of 2010).
to the [8][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[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.
[9][(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[
Government ].
(5)
The practice of shifting cultivation shall in all cases
be deemed a privilege subject to control, restriction and abolition by the 17[ Government ].
[10][(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 forestproduce 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[11].
(3)
For the purpose of so acquiring such land–
(a)
the forest Settlement-officer shall be deemed to be a [12][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[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 Settlementofficer, 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 [13][
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[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[Government] in this behalf, may, within three months
from the date of the order passed on such claim by the Forest Settlementofficer
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 [14][District
Officer (Revenue)], as the [15][Government]
may, by notification in the [16][official
Gazette], appoint to hear appeals from such orders:
Provided that
the [17][Government]
may establish a Court (hereinafter called the Forest Court) composed of three
persons to be appointed by the 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 [18][
Government], be final.
19.
Pleaders.–
The 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[19],
have become vested in the Government under section 16 of that Act, the 33[Government]
shall publish a notification in the [20][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 [21][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 [22][[23]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[
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 Forestofficer may,
with the previous sanction of the 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 [24][Government]
deems to be reasonably convenient, already exists, or has been provided or
constructed by the Forest-officer in lieu thereof.
[25][26. Offences relating to reserved forests.– (1)
A person, who in a reserved forest–
(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.]
[26][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.
[27][(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.]
[28][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 [29][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.
[30][(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[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 [31][Government]
may, by notification in the [32][official
Gazette], declare the provisions of this Chapter applicable to any forest-land
or wasteland 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 [33][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[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[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[Government] may, by notification in the [34][
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 [35][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
[36][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.
[37][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.]
[38][33. Offences relating to protected forests.– (1) A person, who in a protected
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.]
[39][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
Forestofficer, and to remove within the said period any encroachment which the
accused may have put up or erected on such land.
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[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
notification in the [41][
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.
(3)
The [42][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.
(4)
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[
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[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 [43][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 [44][Government]
may proceed to acquire it in the manner provided by the Land Acquisition Act,
1894[45].
(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[
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 [46][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 [47][Government]
may, by notification in the [48][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
[49][Government]
may levy a duty in such manner, at such places and at such rates as it may
declare by notification in the [50][official
Gazette] on all timber or other forestproduce–
(a)
which is produced in [51][Pakistan],
and in respect of which [52][the
Government] has any right;
(b)
which is brought from any place outside [53][[54]Pakistan]
[55][or
is transported from or to any place within Pakistan];
[56][*
* * * * * * * * * * *]
(2)
In every case in which such duty is directed to be
levied ad valorem, the [57][Government]
may fix by like notification the value on which such duty shall be assessed.
[58][*
* * * * * * * * * * * *]
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 [59][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 [60][
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 [61][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;
[62][(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 [63][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.
Customs frontiers.–
Notwithstanding anything in section 41, the [66][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 [67][68][Pakistan]
across any customs frontier as defined by the [69][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.– [70][(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 [71][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 [72][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 in
such areas as the 95[
Government] directs, all unmarked wood and timber;
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[Government]
may, by notification in the 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 [73][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 [74][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 [75][Government]
may make rules to regulate the following matters, namely:-
(a) the
salving, collection and disposal of all timber mentioned in section 45;
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.
[76][(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, [77][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.
[78][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 forestoffence has been committed, and all tools, boats, [79][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.
[80][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.
[81][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[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[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.]
[82][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 Policeofficer shall
prevent, and may interfere for the purpose of preventing, the commission of any
forest-offence.
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[(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.
[84][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[85],
and may be seized and impounded as such by any Forest-officer or
Police-officer.
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.
[86][Government] may invest Forest-officers
with certain powers.– (1) The [87][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[89].
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[Government], no
Forest-officer shall, as principal or agent, trade in timber or other
forestproduce, or be or become interested in any lease of any forest or in any
contract for working any forest, whether in or outside [90][
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[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[Government] under this Act shall be published in the [92][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 [93][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 [94][Government],
or who receives emoluments from the 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 Policeofficer 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 [95][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 [96][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[Government]
undertakes under clause (a) of sub-section (1) the management of any forest,
waste-land or produce, it may, by notification in the [97][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.
[98][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 [99][
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[ 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
Forestofficer 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
[100][
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 [101][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, 1894139.
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[102],
be recovered from him in case of such breach as if it were an arrear of
land-revenue.
[103][85-A. *
* * * * * * * * * * * * *]
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] 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.
[2] The word “Indian”, omitted
by Adaptation Order, 1949.
[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). 4Deleted
by the Punjab Laws (Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).
[4] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[5] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 7Ibid. 8Ibid.
[6] Substituted for “local
official Gazette”, 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.
[7] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[8] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 14Ibid.
[9] Inserted ibid. 16Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of 2010). 17Ibid.
[10] Inserted ibid.
[11] I of 1894.
[12] 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. 21Ibid.
[13] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 23Ibid. 24Ibid.
[14] Substituted for the word
“Collector” by the Forest (Amendment) Ordinance, 2001 (XLVI of 2001).
[15] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[16] Substituted for “local
official Gazette” 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.
[17] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 29Ibid.
[18] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 31Ibid.
[19] I of 1894. 33Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[20] Substituted for “local
official Gazette” 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.
[21] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[22] The original words “on
behalf of the Govt.” were first substituted by the Government of India
(Adaptation of Indian Laws) Order,
[23]
, 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. 37Substituted for
the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII of
2010). 38Ibid.
[24] Ibid.
[25] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[26] Substituted by the Forest
(West Pakistan Amendment) Act, 1964 (VII of 1964).
[27] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[28] Ibid.
[29] Ibid, for the words “Provincial Government”.
[31] Substituted ibid, for the words “Provincial
Government”.
[32] Substituted for “local
official Gazette” 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.
[33] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 50Ibid. 51Substituted
for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII
of 2010). 52Ibid.
[34] Substituted for “local
official Gazette” 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.
[35] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[36]
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.
[37] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[38] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[39] Added by the Forest (West
Pakistan Amendment) Act, 1964 (VII of 1964). 59Substituted by the Forest (Amendment) Act, 2010 (XVII
of 2010). 60Inserted ibid.
[40] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[41] Substituted for “local
official Gazette” 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.
[42] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 64Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 65Ibid.
[43] Ibid.
[44] Ibid.
[45] I of 1894. 69Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[46] 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.
[47] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[48] Substituted for “local
official Gazette” 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.
[49] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[50] Substituted for “local
official Gazette”, 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.
[51]
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
Adaptation Order, 1949 , for “British India”.
[52] 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.
[53] Substituted, by the
Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
Schedule (with effect from the
[54] th 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”.
[55] Added by the Forest Laws
Amendment Ordinance, 1962 (X of 1962), section 2.
[56] Proviso omitted 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.
[57] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[58] Sub-sections (3) and (4)
omitted by the Forest Laws Amendment Ordinance, 1962 (X of 1962), section 2.
[59] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[60] Substituted for “British
India”, 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.
[61] The original word “Govt.”
was first substituted ibid., and then
amended by Adaptation Order, 1961, Article 2 (with effect from the 23 rd March,
1956), to read as above.
[62] Substituted by the Forest
(Amendment) Act, 2010 (XVII of 2010).
[63] Ibid, for the words “Provincial Government”.
[64]
Section 41-A, inserted 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.
[65] Substituted for the words “Federal
Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).
[66] Ibid.
[67] Substituted, by the
Central laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd
Schedule (with effect from the
[68] th 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”.
[69] Substituted for the words
“Federal Government”, by the Forest (Amendment) Act 2010 (XVII of 2010).
[70] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[71] 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”.
[72] Ibid. 95Substituted
for the words “Provincial Government” by the Forest (Amendment) Act 2010 (XVII
of 2010). 96Ibid.
[73] 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”.
[74] 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”.
[75] Substituted for the words
“Provincial Government”, by the Forest (Amendment) Act 2010 (XVII of 2010). 101Substituted ibid.
[76] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[77] Substituted by the Forest
(Punjab Amendment) Act, 1948 (IV of 1948), for “carts”.
[78] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[79] Substituted by the Forest
(Punjab Amendment) Act, 1948 (IV of 1948), for “carts”.
[80] Substituted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[83] Omitted ibid.
[84] Inserted ibid.
[86] Ibid, for the words “Provincial Government”.
[87] Ibid.
[88] V of 1898.
[89] XLV of 1860. 121Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010).
[90] 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”.
[91] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 124Substituted ibid. 125Substituted for the words “Provincial Government” by
the Forest (Amendment) Act 2010 (XVII of 2010).
[92] Substituted for “local
official Gazette” 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.
[93] Substituted for the words
“reserved or protected forest” by the Forest (Amendment) Act 2010 (XVII of
2010).
[94]
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”. 129Ibid.
[95] 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).
[97] Substituted, for “local
official Gazette” 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.
[98] Inserted by the Forest
(Amendment) Act 2010 (XVII of 2010).
[99] Substituted for the words
“Provincial Government” by the Forest (Amendment) Act 2010 (XVII of 2010). 136Ibid.
[100] 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).
[101]
Substituted for the words “Provincial Government” by the Forest (Amendment) Act
2010 (XVII of 2010). 139I of 1894.
[102] IX of 1872.
[103] Section 85-A omitted by
the Forest (Amendment) Act 2010 (XVII of 2010).
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