KOHAT MAZRI CONTROL ACT, 1953

THE KOHAT MAZRI CONTROL ACT, 1953 
(Act No. III of 1954.) 
(Received the assent of the Governor-General, Pakistan, on the
25th April, 1954).
AN 
ACT
to consolidate and amend the law relating to the  protection, preservation, propagation and control of Mazri and Mazri produce in the North-West Frontier 1[Province.]

Preamble

WHEREAS it is expedient to consolidate and amend the law relating to the protection, preservation and control of Mazri and  Mazri produce in the North-West Frontier 1[Province].

            It is hereby enacted as follows:—

Short title, extent and commencement.

1.         (1) This Act may be called the Kohat Mazri Control Act, 1953.

            (2)  (i) It extends to the whole of Kohat District; provided the Provincial Government may, by a notification in the Official Gazette, exempt any specified area from the operation of all or any of its provisions or extend all or any of its provisions to any other area in the North-West Frontier 1[Province].
                 (ii) A notification under the proviso to clause (i) exempting an area from the operation of this Act shall not protect any person committing, within the exempted area, an act with regard to Mazri produce, of an unexempted area which, if committed within an area  not so  exempted, would be an offence.
            (3) It shall come into 2force at once.

Definitions.

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

1.   The word "Province" was ins. by N.W.F.P. A.L.O. 1975 which was previously omitted by W. P. A. O. 1964 s. 2 (1) Sch Part. III.
2.   Came into force on 10-5-1954 vide Notification No 2410/LD., dated 7-5-1954 published in the NWFP.  Gazette Extraordinary, dated 10th May, 1954.

1.    "Mazri" means  the dwarf plant  (Nannorhops Ritch-ieana).

2.    "Cattle" includes, besides horned cattle, camels, horses, asses, mules, sheeps,goats and the young of such animals.

3.    "Mazri Offence" means an offence punishable under this Act or under any rules made under this Act.

4.    "Forest Officer" means any person appointed by the Provincial Government in this behalf to carry out all or any of the purposes of this Act or to do anything required by this Act or and rules made thereunder.

5.    "Mazri produce" includes the following Mazri and its leaves, stems, fruits and roots and ariticles made from Mazri.

(f)      "Settlement" means the two Regular Settlements of Kohat District; provided that where the records of the two Settlements do not tally, it shall means the second Regular Settlement.
(g)     "Reserved Forest" means land which was, demaracted as such at the settlement, or which may be constituted as such under the provision of the Forest Act, 1927.
(h)     "Waste land" includes all uncultivated land except reserved forests, graveyards, sacred places, lands recorded at settlements as part of the village site, and lands shown as follows: —
         "Khali" or "Banjar Jadid" in annual records.
(i)      "Village Forest Officer" means any person entrusted by the Conservator of Forests, with any functions or duties regarding the management of waste land.
(j)      "Conservator of Forests" means Officer incharge for the time being of the Circle of Conservancy, in the lNorth-West  Frontier  2[Provmce]-

1.   Now to be constured as referring to the districts of Bannu, Dera Ismail Khan Hazars Kohat, Mardan and Peshawar see W. P. Act XVI of 1957 s. 3 (1) Sch.  I.
2.   The word "Province was inserted by N.W.F.P. A.L.O. wich was earlier omitted by W.P.O. 1964 s. 2 (Seh. Part III.

3.         For the purposes of this Act, Mazri shall be a protected plant wherever it grows and except as provided by the Act, or rules made thereunder the cutting of its leaves, sheets, roots or stem shall be prohibited.
4.         (i) Whenever it appears desirable to provide for the better protection, preservation, propagation and control of Mazri produce in any area of the Kohat District or in any other specified area notified under Section 1 (2) (i) in which all or any of the Mazri produce defined in Section (2) is grown or grows wild, the Provincial Government may, by a notification in the official Gazette, by a general or special order fix the period of closure during which the said produce shall not be cut or transported by any route and also determine, under whose authority, by what means and to what extent such produce  may be transported at any period.
            (ii) The Provincial Government may by notification in the official Gazette, by general or special order, fix the maximum quantity of Mazri produce which may be possessed by any one person at one time, and may determine the manner in which and the authority who may grant permission to possess Mazri produce in excess of the maximum quantity so fixed.

Management of Mazri growing Tracts.

5.         (i) The management of the Mazri growing tracts including such waste lands which have been denuded for mazri shall vest in the Forest Department.

            (ii) Whenever it appears necessary to prohibit the breaking up for cultivation of waste land or its occupation as sites for sheds, buildings or enclosures, in order to provide for the better potection or regeneration of Mazri in such land, the Conservator of Forest may, with the previous sanction of Provincial Government, issue orders prohibiting such breaking up or occupation and defining the area to which such prohibition shall expend may cause the limits of such area to be shown on the village map and to be demarcated. on the ground with the boundary marks so far as may be necessary
            (iii) The Conservator of Forests may, in a similar manner, revise such orders from time to time by altering the boundary of the protected land so as to exclude any particular plant which it is not necessary to protect any longer.
            (iv) The Conservator of Forests may cause to be summarily, ejected any person cultivating land or committing any other act in contravention of an order passed under the foregoing sub-sections and may direct that any building or enclosures erected or crop grown in contravention of such order shall be confiscated.

6.         (i) Subject to the prior sanction of the Provincial Government, the Conservator of Forests shall have power to control and regulate the sale and export of any of the Mazri produce within, from or through Kohat District, and shall also have power to appoint and control markets for its sale within the Kohat District, to restrict such sales to such markets and levy duty on its export, on such rates as he may determine from time to time.

Control of the Mazri Produce.

            (ii) No Mazri or Mazri produce shall be allowed to be imported into Kohat District, unless it is covered by a permit issued by the Political Agent concerned or is brought through the routes prescribed by the Provincial Government for the purpose.

7.         Subject to the rights defined and recorded at the settlement, the Mazri income accruing from Government owned land shall be credited to the Government as Forest Revenue.	Government owned Land.
8.         Subject to the rights defined and recorded at the settlement, the Mazri income accruing from the waste lands after deduction of such departmental charges as the Provincial Government may fix from time to time shall be paid to the right holders according to their  prorata shares, through the Revenue Department.	Waste land
9.         (i) Subject  to the approval of the Provincial Government the  Conservator of Forests,  may by a general or Special  order prohibit the cutting or injuring of Mazri and regulate the cutting and transporting of Mazri for the domestic requirements of the right-holders.	Management orders.

            (ii) In case of contravenion of any order issued under subsection (i) the Conservator of Forests may direct that no Mazri shall be cut in any area to which the provisions of this Act apply or are made applicable under Section 1 (2) (i), without the previous permission in writing of himself or of such officer or officers as may be authorised by him in this behalf.
10.       (i) Any Revenue, Police or Forest Officer, may search any house, room, tent, enclosure, vehicles, vessel or place where he has reason to believe that Mazri produce is placed in contravention of any provision of this Act, or of any order, rule or direction made there under and may seize any such Mazri.
            (ii) Search under this  section shall be made in accordance with the provisions of Sections 102 and 103 of the Criminal Procedure Code, as far as they are applicable.
11.       Any person who commits a breach of any of the provisions of this Act, or orders or rules made thereunder shall, on conviction before a Magistrate, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, and any Mazri produce in respect of which the offence has been committed shall be liable to confiscation:
            Provided that if the offender is 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 authorised in writing under the signature or thumb impression of the woman, attested  by a Lambardar or two other respectable persons.

Power of Arrest.

12.       (i) 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.

            (i) An officer making arrest under this section shall, within 24 hours and subject to the provisions of this Act as to release on executing a bound, take or send the person so arrested to the nearest Magistrate or Police Station, there to be released on bail or personal  recognizance pending the trial of the case.

Power to release on a bond person arrested.	13.       Any Revenue Officer, Police Officer, or Forest Officer not below the rank of a Ranger who, or  whose subordinate, has arrested any person under Section II, may release such person on bail on his executing abond to appear before a Magistrate having jurisdiction in the case when so required.
Power to compound offences.	14.       Any Forest Officer not below the rank of an Extra Assistant Conservator of Forests, may compound Mazri offences in respect of illicit cutting, transporting and export of Mazri produce on payment of a compensation by the offender amounting to not less than double the price of the Mazri or its bye product.
Punishment for wrongful seizure	15.       Any Revenue, Forest, or Police Officer, who vexatiously and unnecessarily searches any building or walled enclosures or seizes any property on the pretext of seizing property liable to confiscation under this Act, shall be punishable with imprison -ment of either description for a term which may extend to six month s or with fine which may extend to five hundred rupees or wit h both.

16.       (i) The  Provincial  Government  may make rules to carry  out the  objects  and purposes of this Act.

Power to make rules

 (ii)    In particular and without prejudice to the generality of the foregoing power, such rules may,—
(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 therefrom to the officers, informers and others:
(c)     provide for the preservation, re-production, cutting, sale, and  disposal of Mazri and Mazri produce;
(d)     provide for the management and breaking of waste lands , control of illicit cultivation, closure, and plantation, and annual cutting programmes.

17.       All rules made under this Act shall be published in the Official Gazette.	Publication of Rules in Official Gazette.
18.       All orders and rules made and  issued  under the  Kohat Mazri Control Act, 1938 (II of 1939) and the Kohat  Mazri Control (Amendment) Act, 1947 (XVII of 1947) and in force at the time of the commencement of this Act shall be deemed to have been  made and issued under this Act and shall remain in force until repealed or suspended.
19.       (1) The following Acts and Ordinance are hereby repealed:-	Repeal and saving.

(i)      The Kohat Mazri Control Act, 1938 (II of 1939).
(ii)     The Kohat Mazri Control (Amendment) Act, 1947 (XVII of 1947).
(iii)    The Kohat Mazri Control Ordinance, 1953 (No. I of 1953).
            (2) The repeal by this Act of the said Acts and Ordinance shall not affect the previous operation thereof, and any order made, action taken, or thing done, in the exercise of any powers conferred by or under the said Acts and Ordinance shall for all purposes be deemed to have been made, taken or done in the exercise of powers conferred by this Act as if this Act had commenced on the 14th September, 1953.