The Andhra Pradesh Forest Act, 1967

THE ANDHRA PRADESH FOREST ACT, 1967
Act No.1 of 1967
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
1.  Short title, extent and commencement.
2. Definitions
CHAPTER II
RESERVED FORESTS
3. Power to reserve Forests
4. Notification by Government
5. Suits barred
6. Proclamation by Forest Settlement Officer
7. Bar of accrual of forest rights and prohibition of clearings
8. Enquiry by Forests Settlement Officer
9. Powers of Forest Settlement Officer
10. Claims to certain rights
11. Claims to right of way, etc.
12. Compensation for rights
13. Appeals from the orders of Forest Settlement Officer
14. Appointment of Pleader
15. Notification declaring Forest reserved
16. Extinction of rights not claimed
17. No right acquired over reserved forest except as herein
provided
18. Rights continued under section 11 not to be alienated without
sanctioned
19. Power to stop ways and water courses in reserved forests
20. Penalties for trespass or damage in reserved forest and acts
prohibited in such forests
21. Suspension of rights in reserved forests
22. Persons bound to assist forest officer and police officer
23. Power to declare reserved forest as no longer reserved
CHAPTER III
PROTECTED FORESTS
24. Protected forests
25. Power to close forests against pasture
26. Power to issue notification reserving trees, etc.
27. Power to make rules
28. Power to declare protected forest to cease to be protected forest
CHAPTER IV
CONTROL OF TIMBER AND OTHER FOREST PRODUCE IN TRANSIT
OR POSSESSION
29. Power to make rules to regulate the transit and possession of
timber and other forest produce
30. Government and forest officers not liable for damage to forest
produce at depots and stations
31. Persons employed at depots and stations bound to aid in case
of accident
CHAPTER V
POSSESSION OF SANDALWOOD OR RED SANDERS WOOD OR
SCHEDULED TREE
32. Possession of sandalwood under licence or mark
       32A. Possession of Red Sanders Wood
 32B. Vehicles involved in smuggling Red Sanders Wood/Sandal
Wood/ Scheduled tree
       32C.    Presumptions regarding commission of offence
       32D.    Red Sanders Wood with private person
       32 E.   Power to Amend Schedule
33. Forms and conditions of licence
34. Power to cancel or suspend licence
35. Appeal
36. Penalties
CHAPTER VI
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
37. Certain kinds of timber to be deemed property of Government
until title thereto is proved and may be collected accordingly
38. Notice to claimants to drift timber
39. Procedure on the presentation of claim to such timber
40. Disposal of unclaimed timber
41. Government and their officers not liable for damage to timber
collected under section 37
42. Payment to be made by claimant before timber is delivered to
him
43. Power to make rules and prescribe penalty for contravention
thereof
CHAPTER VII
PENALTIES AND PROCEDURE
44. Seizure of property liable to confiscation and procedure
thereupon
45. Timber, forest produce, tools, etc., when liable to confiscation
46. Disposal on conclusion of trial for forest offence of timber or
forest produce in respect of which it was committed
47. Procedure when offender is not known or cannot be found
48. Procedure in regard to perishable property seized under
section 44
49. Appeal from order under section 45, section 46 or section 47
50. Property when to vest in Government
51. Saving of power to release property seized
52. Penalty for counterfeiting marks on trees and timber and for
altering boundary marks
53. Power to arrest without warrant
54. Power to release on bond a person arrested
55. Punishment of wrongful seizure or arrest
56. Power to prevent commission of offence
57. Power to constitute special Courts
58. Operation of other laws not barred
58A.     Order of confiscation not to bar imposition of other penalty
59. Power to compound offences
60. Presumption that timber or forest produce belongs to the
           Central or State Government
60A.    Prohibition of holding illegally acquired property and forfeiture
of such property.
60B.    Identifying illegally acquired property
60C.    Seizure or freezing of illegally acquired property
60D.    Management of properties seized or forfeited under this Act.
60E.     Notice of forfeiture of property
60F.     Forfeiture of property in certain cases burden of proof
60G.    Fine in lieu of forfeiture.
60H.    Procedure in relation to certain Trust properties.
60I.     Certain transfers to be null and void
60J.    Constitution of Appellate Tribunal
60K.    Appeals
60L.    Notice or Order not to be invalid for error in description
60M.   Bar of Jurisdiction
60N.    Competent authority and appellate tribunal to have powers of
Civil court
60O.    Information to competent authority
60P.    Certain officers to assist the administrator competent authority
and the Appellate Tribunal.
60Q.    Power to take possession
60R.     Rectification of mistakes
60S.    Finding under other laws not conclusive for proceedings under
this Act.
60T.    Service of notices or order
60U. Punishment for acquiring property in relation to which
proceedings have been taken under this Act.
CHAPTER VIII
CATTLE TRESPASS
61. Cattle Trespass Act, 1871 to apply
CHAPTER IX
POWERS OF FOREST OFFICERS
62. Government may invest forest officers with certain powers
62A. Forest Offences to be cognizable and nonbailable. Central Act 2
of 1974
63. Forest Officers deemed public servants
64. Power of entry and inspection
65. Indemnity for acts done in good faith
CHAPTER X
MISCELLANEOUS
66. Revision
67. Power of Government to exempt any area from the provisions of
       the Act
68. Power of Government to mark rules
68 A. Proof or Notification
69. Government may delegate powers
70. Recovery of money due to Government
71. Land required under this Act to be deemed to be needed
       for public purpose under the Land Acquisition Act, 1894
72. Repeal
THE ANDHRA PRADESH FOREST ACT, 1967
 Act No.1 of 1967
[13th March, 1967]
AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE
PROTECTION AND MANAGEMENT OF FORESTS IN THE STATE OF
ANDHRA PRADESH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Eighteenth Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement –(1) This Act may be called
the Andhra Pradesh Forest Act, 1967.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions -In this Act, unless the context otherwise requires-
1[(a) ‘associate’ means in relation to person whose property is
liable to be forfeited under this Act, and includes,-
(i).  any individual who had been or is managing the affairs
or keeping the accounts of such person;
(ii).  any association of persons, body of individuals,
partnership firm or private company within the
meaning of the Companies Act, 2013 of which such
person had been or is a member, partner or director;
(iii).  any individual who had been or is a member, partner
or director of an association of persons, body of
individuals, partnership firm of private company
referred to in sub-clause (ii) at any time when such
person had been or is a member, partner or Director of
such association, body, partnership firm or private
company;
(iv).  any person, who had been or is managing the affairs,
or keeping the accounts of any association of persons,
body of individuals, partnership firm of private
company referred to in sub-clause(iii);
 (v).  the trustee of any trust, where,-
 (1) the trust has been created by such person’ or
(2) the value of the assets contributed by such person
(including the value of the assets, if any,
contributed by him earlier) to the trust amounts on
the date of which contribution is made, to not less
than twenty percent of the value of the assets of the
trust on that date;]
(vi).   Where the competent authority, for reasons to be
recorded in writing, considers that any properties of
such person or held on his behalf by any other
person, such other person.
2[(aa)] ‘cattle’ includes cows, oxen, elephants, camels, buffaloes,
horses, mules, asses, pigs, sheep, goats and such other kind of
animals as the Government may, by notification, specify;
1. Clause inserted by Act 15 of 2016, section 2.2. Renumbered the clause by Act 15 of 2016, section 2.
1[(ab) ‘competent authority’ means an officer authorized by
Government in this behalf not below the rank of the Chief
Conservator of Forests to perform the functions assigned to
him in respect of such persons or classes as may be prescribed
who have illegally acquired properties by trade in Sandal wood
or Red Sanders wood or Scheduled tree.]
2[(b) ‘Court’ means the Principal Civil Court, the Court of
Assistant Sessions Judge/Additional Session Judge of original
jurisdiction and also includes a Special court headed by a
Magistrate constituted by the Government for trail of forest
offences;]
(c) ‘Divisional Forest Officer’ means the forest officer in
independent charge of a forest division;
(d) ‘forest division’ means such area as may be declared, by
notification, by the Government or by such authority as may be
empowered by the Government in this behalf, to be a forest
division for the purposes of this Act;
(e) ‘forest offence’ means an offence punishable under this
Act or any rule made thereunder;
(f) ‘forest officer’ means any person appointed by the
Government or by any officer empowered by the Government
in this behalf,-
3[(i) to be the Principal Chief Conservator of Forests,
Special Principal of Forests, Chief Conservator of
Forests, Additional Principal Chief Conservator of
Forests, Chief Conservator of Forests, Conservator,
Deputy Conservator, Assistant Conservator, Divisional
Forest Officer, Sub-Divisional Forest Officer, Ranger,
Deputy Ranger, Forester of Forest Section Officer,
Forest Guard or Forest Beat officer, Assistant Beat
Officer, Thanadar, Checking Officer or Plantation
Watcher or any other person or authority as may be
notified;]
(ii) to perform any function of a Forest officer under
this Act or any rule or order made thereunder;
but does not include a Forest Settlement Officer appointed
under clause(c) of sub-section(1) of section 4;
(g) ‘forest produce’ includes-
(1) The following whether found in, or brought from a
forest or not, that is to say timber, bamboos, charcoal,
rubber, cacutchour, catechu, wood-oil, resin, natural
varnish bark, lac, mahua flowers, mahua seeds,
myrobalans, tumki leaves, rousa grass, rauwolfa
serpentine, adda leaves;
(2)  The following when found in, or brought from a
forest, that is to say-
(i)trees, such leaves, flowers and fruits as may be
prescribed and all other parts or produce not herein
before mentioned of trees;
(ii) plants not being trees (including grass, creepers,
reeds and mose) and all parts or produce of such
plants,
1. Clause inserted by Act 15 of 2016, section 2.2. Substituted by Act 15 of 2016, section 2.3. Substituted by Act 15 of 2016, section 2.
(iii) wild animals, wild birds, skins, tusks, horns,
bones, silk cocoons, honey, wax, and all other parts
or produce of animals and birds;
(iv) peat, surface soil, rock and minerals
(including lime stone and laterite), mineral oil and all
products of mines or quarries; and
(3) Such other produce as may be prescribed;
  (h) ‘Government’ means the State Government;
1[(hh) ‘illegally acquired property’ means in relation to any
person  to whom this Act applies:-
(i) any property acquired by such person, wholly or partly
out of or by means of any income earnings or assets
derived or obtained from or attributable to illegally
acquired sandal wood or Red Sanders wood or
Scheduled Tree;
(ii) any property acquired by such person, for a
consideration or by any means, wholly or partly
traceable to any property referred to in sub-clause (i) or
the income or earning from such property, and
includes,-
 (a) any property held by such person which would
have been, in relation to any previous holder
thereof, illegally acquired property under this
clause if such previous holder had not ceased to
hold it, unless such person or any other person
who held the property at any time after such
previous holder or, where there are two or more
such previous holders, the last of such previous
holder is or was a transferee in good faith for
adequate consideration;
 (b) any property acquired by such person, for a
consideration, or by any means, wholly or partly
traceable to any property falling under item (a), or
the income or earnings therefrom;
Explanation:- for the purpose of this clause, “property” means
property and assets of every description, whether corporeal or
incorporeal, movable or immovable, tangible or intangible and
deeds and instruments evidencing title to, or interest in, such
property or assets, derived from the illegally acquired Sandal
wood or Red Sanders wood or Scheduled Tree.]
2[(i) ‘Magistrate’ means a Magistrate having jurisdiction to try
forest offences and includes the Assistant Sessions
Judge/Additional Sessions Judge of a District Court having
jurisdiction;]
(j) ‘notification’ means a notification published in the
Andhra Pradesh Gazette;
(k) ‘owner’ in relation to a forest includes a mortgagee with
possession, lessee  or other person having right to the
possession and enjoyment of the forest;
(l) ‘prescribed’ means prescribed by rules made under this
Act;
3[(m) ‘‘Red Sanders Wood’ means the wood derived out of any
part of the tree known by its Botanical name as “Pterocarpus
santalinus”. and includes chips, dust of powder of such wood
or articles converted into any other form or any extract derived
therefrom.]
1. Clause inserted by Act 15 of 2016, section 2.2. Substituted by Act 15 of 2016, section 2.3. Substituted by Act 15 of 2016, section 2.
(n) ‘river’ includes a stream, canal, backwater, creek and
other channel, natural or artificial;
(o) ‘sandalwood’ means the wood derived out of any part of
the tree known by its botanical name as Santalum album and
includes chips, dust or  powder of such wood;
(p) ‘teakwood’ means the wood derived out of any part of the
tree known by its botanical name as Tectona grandis;
(q) ‘timber’ includes trees fallen or felled, and all wood, cut
up or sawn;
(r) ‘tree’ includes bamboos, stems, brushwood and canes.
1[(s) ‘scheduled tree’ means any kind of tree species as specified
in the Scheduled under section 32-E;
(t) ‘trivial offence’ includes minor deviations from the
prescribed provisions of Act or rules made thereunder such as
corrections on permits etc., use of forest produce for domestic
purpose and offences involving forest produce valued at less
than Rs. 1000(rupees one thousand) only;]
CHAPTER II
RESERVED FORESTS
3. Power to reserve forests -The Government may constitute any land as
a reserved forest in the manner hereinafter provided.
4. Notification by Government -(1) Whenever it is proposed to constitute
any land as a reserved forest, the Government shall publish a notification
in the Andhra Pradesh Gazette and the District Gazette concerned, if any;
(a)  specifying, as nearly as possible, the situation and
limits of such land;
(b) declaring that it is proposed to constitute such land as
reserved forest;
(c) appointing a Forest Settlement Officer to consider the
objections, if any, against the declaration under clause (b), and
to enquire into and determine the existence, nature and extent
of any rights claimed by, or alleged to exist in favour of, any
person in or over any land comprised within such limits, or to
any forest produce of such land, and to deal with the same as
provided in this Chapter.
Explanation-(1) For the purpose of clause (a), it shall be sufficient to
describe the limits of the land by any well-known or readily intelligible
boundaries, such as roads, rivers, bridges and the like.
(2) A person appointed to be a Forest Settlement Officer under clause
(c) of sub-section (1) shall be an officer of the Revenue Department not
below the rank of a Revenue Divisional Officer.
(3) Any forest officer may represent the Forest Department at the
inquiry conducted under this Chapter.
5. Suits barred-Save as otherwise provided in this Act, no court shall,
between the dates of the publication of the notification under section 4 and
the notification to be issued under section 15, entertain any suit or other
action against the Government to establish any right in, or over, any land,
or to the forest produce of any land included in the notification published
under section 4.
6. Proclamation by Forest Settlement Officer -(1) Where a notification
1.Clauses  inserted by Act 15 of 2016, section 2.
has been issued under section 4, the Forest Settlement Officer shall
publish in the main language of the District, in the District Gazette
concerned or where there is no such Gazette, in the Andhra Pradesh
Gazette, and in the regional language in every town and village and at the
headquarters of each taluk and at the office of the Gram Panchayat, in
which any portion of land included in the said notification is situated, a
proclamation,-
(a) specifying, as nearly as possible, the situation and limits of
the land proposed to be included within the reserved forest;
(b) setting forth the substance of the provisions of section 7;
(c) explaining the consequences which, as hereinafter provided,
will ensue on the reservation of such forest; and
(d) fixing a period of not less than six months and not more than
one year from the date of publishing such proclamation at the
headquarters of the taluk, and calling for objections, if any,
within the period so fixed from any person interested against
the declaration under clause (b) of sub-section (1) of section 4,
and requiring every person claiming any right in such land
either to present to the said officer, within the period so fixed,
a written statement specifying, or to appear before him within
the said period and state, the  nature of such rights, and in
either case to produce all documents in support thereof.
(2) The Forest Settlement Officer shall also serve in the manner
prescribed, a copy of the proclamation on every known or reputed
owner or occupier of any land included in or adjoining the land
proposed to be constituted as a reserved forest, or on his recognised
agent or manager.
7. Bar of accrual of forest rights and prohibition of clearings-
(1) During the interval between the publication of a notification in the
Andhra Pradesh Gazette under Section 4 and the date fixed by the
notification under Section 15-
(a) no right shall be acquired by any person in or over the land
included in the notification under Section 4 except by succession
or under a grant or contract in writing made or entered into by or
on behalf of the Government or any person in whom such right
was vested before the publication of the notification under
Section 4;
(b) no new house shall be built or plantation formed, no fresh
clearing for cultivation or for any other purpose shall be made, on
such land and no trees shall be cut from such land for the
purpose of trade or manufacture:
Provided that nothing shall prohibit the doing of any act
specified in this clause with the permission in writing of the
Forest Settlement Officer; and
(c)  no person shall set fire or kindle or leave burning any fire in
such manner as to endanger or damage such land or forest
produce.
(2) No patta in such land shall be granted by or on behalf of the
Government.
8. Inquiry by Forest Settlement Officer-(1) The Forest Settlement
Officer shall consider every objection and inquire into every claim made
under section 6, after recording in writing the statements made or
evidence given in pursuance of the proclamation published or notice
served under that section. He shall record any representation which the
forest officer, if any, representing the Forest Department under sub-
section (3) of section 4, may make in respect of any such objection or
claim.
(2) The evidence under sub-section (1) shall be recorded in the
manner provided by the Code of Civil Procedure.1908 in appealable cases.
9. Powers of Forest Settlement Officer-For the purpose of an inquiry
under section 8, the Forest Settlement Officer may exercise the following
powers, namely:-
(a) power to enter by himself or to authorise any officer to enter
upon any land and to survey, demarcate and make a map of
the land; and
(b) the powers conferred on a civil court by the Code of Civil
Procedure 1908, for summoning and enforcing the attendance
of any person and examining him on oath and requiring the
production of any document or other article.
10. Claims to certain rights -(1) where the claim relates to a right in or
over any land other than the following rights:-
(a) a right of way;
(b) a right to water-course, or to use of water;
(c) a right of pasture; or
(d) a right to forest produce;
the Forest Settlement Officer shall, after considering the particulars of such
claim, and the objections of the forest officer, if any, pass, an order,
admitting or rejecting the same wholly or in part after recording the
reasons therefor.
(2)(a) If any claim is admitted wholly or in part under sub-section (1),
the Forest Settlement Officers may-
(i) accept the voluntary surrender of the right by the
claimant or determine the amount of compensation
payable for the surrender of the right of the claimant, as
the case may be; or
(ii) direct the exclusion of the land from the limits of the
proposed forest; or
(iii) acquire such land in the manner provided by the
Land Acquisition Act, 1894 (hereinafter in this sub-
section referred to as the said Act.)
(b) For the purpose of acquiring such land-
(i) the acquisition shall be deemed to be for a public
purpose; and the notification under section 4 shall be
deemed to be a notification under sub-section (1) of
section 4 of the said Act;
(ii) the Forest Settlement Officer shall be deemed to be a
Collector under the said Act, and the claimant shall be
deemed to be a person interested and appearing before
him in pursuance of a notice given under section 9 of the
said Act;
(iii) the provisions of sections 5-A, 6,7 and 8 of the said
Act shall not be applicable; and
(iv) the Forest Settlement Officer with the consent of the
claimant, or the Court as defined in the said Act with the
consent of the claimant and of the Government may,
instead of money compensation, award compensation by
the grant of any other land in exchange, by the grant of
any right in or over land or partly by the grant of any
land of any right therein and partly by the payment of
money.
11. Claims to rights of way, etc. -(1) Where the claim relates to any of
the rights specified in clauses (a) to (d) of sub-section (1) of section 10, the
Forest Settlement Officer shall, after considering the particulars of such
claim so far as may be necessary to define the nature, incidents and extent
of the right claimed, and the objections of the forest officer, if any, pass an
order, admitting or rejecting such claim wholly or in part, after recording
the reasons therefor.
(2) Where the claim admitted relates to a right for the beneficial
enjoyment of any land or building, the Forest Settlement Officer shall
record the designation, position and area of such land and the designation
and position of such building.
         (3) Where the claim admitted relates to a right of way or to a water
course or to the use of water, the Forest Settlement Officer shall, either
accept the voluntary surrender of the right by the claimant, with or
without conditions, or pass an order for the continuance of the exercise of
such right, subject to such conditions as may be agreed upon between the
Forest Department and the claimant or in default of such agreement, as
the Forest Settlement Officer, may impose.
         (4) Where the claim admitted relates to a right of pasture or to forest
produce, the Forest Settlement Officer shall either accept the voluntary
surrender of such right or pass an order, providing for the exercise of such
right, if any, subject to such conditions or restrictions as he may impose,
or directing the exclusion of the land of sufficient extent, of a suitable
kind, and in a locality reasonably convenient to the claimant, by altering
the limits of the proposed reserved forest.
(5) In the order passed under sub-section (4) the Forest Settlement
Officer shall record, as far as practicable, the number and description of
the cattle which the claimant is from time to time, entitled to graze, the
local limits within which, and the seasons during which, such pasture is
permitted, or the quantity of timber or other forest produce which the
claimant is authorised to take or receive, the local limits, within which,
the seasons during which, and the mode in which , the taking or receiving
such produce is permitted, and such other particulars as may be required
in order to define the extent of the right which is continued and the mode
in which it may be exercised.
(6) A copy of every order passed under this section shall be
furnished to the claimant by the Forest Settlement Officer and another
copy shall be forwarded to the forest officer, if any, representing the
Forest Department under sub-section (3) of section 4 or where no such
officer is appointed, to the Divisional Forest Officer.
12. Compensation for rights-Where the Forest Settlement Officer finds
it impossible, having due regard to the maintenance of the reserved forest,
to make such settlement under section 11 as shall ensure the continued
exercise of the said rights to the extent so admitted, he shall direct the
Forest Department to pay compensation as determined on the basis of the
value of such right on the date of notification under section 4, in
accordance with the provisions of the Land Acquisition Act, 1894, in so far
as such provisions are applicable.
13. Appeals from the orders of Forest Settlement Officer -(1) Where a
claim is rejected wholly or in part, the claimant may, within ninety days
from the date of the order under sub-section (1) of section 10 and within
sixty days from the date of the order under sub-section (1) of section 11,
prefer an appeal to the district court having jurisdiction in respect of such
rejection only.
(2) Where a claim is admitted under section 10 or section 11 in the
first instance wholly or in part and where such claim does not relate to the
acquisition of any land under the Land Acquisition Act, 1894, a like
appeal, subject to the same period of limitation and subject to the same
conditions, may be preferred to the district court having jurisdiction on
behalf of the Government by the forest officer or other person, generally or
specially empowered by the Government in this behalf.
(3) Every order passed on appeal under this section, shall be final.
(4) Where the district court on appeal decides that the claim or such
part thereof as has been rejected should be admitted, the Forest
Settlement Officer shall proceed to deal with it in like manner as if it has
been in the first instance admitted by himself.
14. Appointment of pleader -The Government or any person who has
made a claim under this Act may appoint any person to appear, plead and
act on their or his behalf in the course of any enquiry or other proceeding
under this Act.
15. Notification declaring Forest reserved -(1) Upon the occurrence of
the following events, namely:-
(a) the period fixed under Section 6 for preferring of an
objection or a claim had elapsed, and every objection or claim
made under that section was disposed of by the Forest
Settlement Officer; and
(b) if any such claim was made, the period limited by
section 13 for preferring an appeal from the order passed on
such claim had elapsed, and every appeal presented within
such period was disposed of by the appellate authority; and
(c) all proceedings mentioned in section 10 were taken and all lands, if any,
to be included in the proposed forest, which the Forest Settlement Officer
had, under section 10, elected to acquire under the Land Acquisition Act,
1894, had become vested in the Government under section 16 of that Act;
the Government may publish a notification specifying definitely according
to the boundary marks erected or otherwise, the limits of the forest which
it is intended to reserve and declaring the same to be reserved from a date
to be fixed by such notification and from the date so fixed, such forest shall
be deemed to be a reserved forest.
(2) Copies of the notification shall also be published in the District
Gazette, if any, and in the manner provided for the proclamation under
section 6.
16. Extinction of rights not claimed -Rights in respect of which no claim
was preferred under section 6 within the period fixed under that section
shall stand extinguished on the publication of the notification under
section 15 unless, before the publication of such notification the person
claiming them has convinced the Forest Settlement Officer that he had
sufficient cause for not preferring such claim within that period in which
case the Forest Settlement Officer shall proceed to dispose of the claim in
the manner herein before provided.
17. No right acquired over reserved forest except as herein provided -
No right of any description shall be acquired by any person in or over a
reserved forest, except by succession or under a grant or contract in writing
made or entered into by or on behalf of the Government or any person in
whom such right was vested before the publication of the notification
under section 15.
18. Rights continued under section 11 not to be alienated without
sanction- (1) Notwithstanding anything in this Act, no right continued
under section 11 shall be alienated by way of grant, sale, exchange, lease
or otherwise, without the sanction of the Government:
Provided that where any such right is continued for the beneficial
enjoyment of any land or building, it may be sold or otherwise alienated
with such land or building, without such sanction.
(2) Any alienation of such right in contravention of this section shall be
null and void.
(3) Subject to the provisions of sub-section (1), no forest produce
obtained in exercise of any right continued under section 11 shall be sold
or exchanged except to the extent provided by the order passed under sub-
section (4) of section 11 in respect thereof.
(4) Any person selling or exchanging any forest produce in contravention
of sub-section (3) shall be punishable with fine which may extend to one
thousand rupees.
19. Power to stop ways and water-courses in reserved forests -The
Divisional Forest Officer may, from time to time, with the previous sanction
of the Government, stop any public or private way or watercourse in a
reserved forest where reasonably convenient substitute for the way or
water-course so stopped already exists or has been provided or
constructed.
20. Penalties for trespass or damage in reserved forest and acts
prohibited in such forests -(1) Any person who –
(a) contravenes the provisions of clause (b) or sub-section (1) of
section 7:
(b) sets fire to a forest notified to be reserved under section 4 or
kindles in such forest any fire or leaves any fire burning in
such manner as to endanger such forest;
(c) in a reserved forest –
(i) kindles, keeps or carries any fire, except at such
season and subject to such conditions as the Divisional
Forest Officer may, from time to time, specify in this
behalf;
(ii) trespasses, pastures cattle or allows cattle to
trespass;
(iii) causes any damage, either wilfully or negligently in
felling or cutting any tree or dragging any timber;
(iv) fells, girdles, lops, taps or burns any tree or strips off
the bark or leaves from, or otherwise damages the same;
(v) quarries, stones, burns lime or charcoal;
(vi) collects or subjects to any manufacturing process,
any forest produce;
(vii) clears or breaks up or ploughs any land for
cultivation or for any other purpose;
(viii) hunts, shoots, fishes, poisons water or sets traps or
snares;
(ix) damages, alters or removes any wall, ditch,
embankment, fence, hedge or railing ; or
(x) removes any forest produce;
1[(d) abets any of the acts specified in clauses (a), (b) and (c) shall on
addition to such compensation for damages caused to the forests as per
1.  Substituted by Act 15 of 2016, section 3.
the assessment done by the Divisional Forest Officer as the Court may
direct to be paid, be punishable,-
(i) in every case where any of the acts aforesaid relates to Red
Sanders wood or Sandal wood or any scheduled tree shall upon conviction
be punishable with imprisonment for a term which may extend to ten years
and fine which may extend to ten lakh rupees:
 provided that,-
(a) in case of first offence, the term of imprisonment shall not be less than
five years and an amount of fine shall not be less than three lakh
rupees; and
(b) in case of second and subsequent offences, the term of imprisonment
shall not be less than seven years and an amount of fine shall not be
less than five lakh rupees;
(ii) in any other case, with imprisonment for a term which shall not
be less than three months but which may extend upto five years
and with fine which shall not be less than five thousand rupees
which may extend to thirty thousand rupees:
provided that,-
                (a) in case of first offence, the term of imprisonment shall not be less
than three months but which may extend upto three years and
with fine which shall not be less than five thousand rupees; and
(b) in case of second and subsequent offences, the term of
imprisonment shall not be less than one year but which may
extend upto five years with fine which shall not be less than thirty
thousand rupees]
(2) Nothing in sub-section (1) shall be deemed to prohibit -
(a) any act done in accordance with any rule made under
this Act or with the permission in writing of the Divisional
Forest Officer or of any officer authorized by him to grant
such permission ; or
(b) the exercise of any right continued under sub-section (3)
or sub-section (4) or section 11 or created by a grant or
contract in the manner described in section 17.
(3) Where a person contravenes the provisions of sub-clause (ii) or
sub-clause (vii) of clause (c) of sub-section (1) -
(i) a forest officer not below the rank of a Ranger;
(ii) a police officer not below the rank of a Sub-
Inspector; or
(iii) a revenue officer not below the rank of a Deputy
Tahsildar;
may evict the person from the forest or the land, pertaining to which the
contravention has taken place and remove any building or other
construction or anything grown or deposited on it;
Provided that before taking any action under this sub-section, the
officer concerned shall given an opportunity to the person affected to
make any representation against the action proposed.
(4) Where any agricultural or other crop is grown on the land in
contravention of sub-clause (vii) of clause (c) of sub-section (1) or any
building or other construction is put  up on such land, any such crop,
building or other construction shall be liable to confiscation by an order of
the Divisional Forest Officer;
Provided that before making any order under this sub-section, the
Divisional Forest Officer shall give an opportunity to the person affected to
make a representation against the order proposed to be made.
21. Suspension of rights in reserved forests -Where fire is caused
wilfully or negligently  by any person or persons in a reserved forest or any
portion thereof, the Government may direct that in such forest or portion
thereof, the exercise of all rights of pasture or to forest produce shall be
suspended for such period as they think fit.
22. Persons bound to assist forest officer and police officer-(1) Every
person who exercises any right in a reserved forest, or who is permitted to
take any forest produce from or to cut and remove timber or to pasture
cattle in, such forest; and
every person who is employed by any such person in such forest;
and
every village officer or person in any village contiguous to such forest
who is employed by the Government;
shall be bound to furnish without delay to the nearest forest officer or
police officer- in-charge of the nearest police station any information he
may possess respecting the occurrences of a fire in, or near, such forest, or
the commission for or intention to commit any forest offence; and shall
forthwith take steps, whether so required by the forest officer or police
officer or not –
(a) to extinguish any such fire of which he has knowledge or
information;
(b)to prevent any such fire from spreading and shall assist any
forest officer or police officer demanding his aid –
(i) in preventing the commission in such forest of any
forest offence; and
(ii) when there is reason to believe that any such offence
has been committed in such forest, in discovering and
arresting the offender.
1[(2) Whoever, without lawful excuse, fails to comply with the
provisions of sub-section (1) shall be punishable with imprisonment for a
term which may extend to one year and with a fine which may extend to
five thousand rupees]
23. Power to declare reserved forest as no longer reserved -(1) The
Government may, by notification, direct that from a date to be fixed by
such notification any reserved forest or any portion thereof shall cease to be
reserved.
(2) From the date so fixed, such forest or portion shall cease to be
reserved, but the rights, if any, which have been extinguished therein shall
not revive in consequence of such cessation.
CHAPTER III
PROTECTED FORESTS
24. Protected Forests -(1) The Government may, by notification, declare
any forest or waste land which is the property of the Government or which
is placed under their control for management and which is not included in
a reserved forest, to be a protected forest and, on such declaration, the
provisions of this Chapter shall apply to such protected forest.
       (2) No such notification shall be made in respect of any land unless
the nature and extent of the rights of the Government and of private
1. Substituted by Act 15 of 2016, section 4.
persons in or over such land have been inquired into and recorded at a
survey of settlement, or in such other manner as may be prescribed and
every such record shall be presumed to be correct until the contrary is
proved:
     Provided that, where in the case of any land, the Government consider
that such inquiry and record are necessary, but that the completion
thereof will occupy such length of time, as in the meantime, to endanger
the rights of the Government, the Government may, pending such inquiry
and record, declare such land to be protected forest but such declaration
shall not affect or abridge any existing rights of individuals or
communities.
25. Power to close forest against pasture-(1) Where fire is caused
wilfully or negligently by any person in any protected forest or a portion
thereof, the Government may direct that such forest or portion thereof be
closed against pasture for such period as they think fit.
     (2) Whoever pastures cattle or allows cattle to trespass in protected
forest closed against pasture under this section shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to five hundred rupees or with both.
26. Power to issue notification reserving trees, etc.- (1) The
Government may, by notification,-
(a) declare any trees or class of trees in a protected forest to be
reserved from a date fixed by the notification;
(b) prohibit, from a date fixed as aforesaid the quarrying of
stone, or the burring 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 such forest.
    (2) A translation into the main language of the locality of every
notification issued under this section shall be caused to be affixed in a
conspicuous place in every town and village in the neighbourhood of the
protected forest comprised in the notification.
27. Power to make rules-(1) Subject to all rights now vested in
individuals and communities by law or custom or usage having the force of
law, the Government may make rules to regulate the use of the pasturage
or of the natural produce of any protected forest; and such rules may with
respect to such forests-
(a)  regulate the occupation, clearing, ploughing or breaking up
of land for cultivation or other purposes;
(b)  regulate or prohibit the kindling of fire and provide for the
precautions to be taken to prevent and spreading of fire;
(c) regulate the cutting, sawing, conversion and removal of
trees and timber and the collection and removal of natural
produce;
(d)  regulate the quarrying of stone, the boiling of catechu or
the burning of lime or charcoal;
(e)  regulate or prohibit the cutting of grass or the pasturing of
cattle and regulate the payments, if any, to be made for such
cutting or pasturing;
(f)  regulate or prohibit hunting, shooting, fishing, poisoning of
water and setting traps or snares;
(g) regulate the sale or free grant of timber or other natural
produce;
(h) specify the fees, royalties, or other payments for such
timber or other natural produce and the manner in which
such fees, royalties or other payments shall be levied.
1[(2) Whoever contravenes any rule made under subsection (1) shall be
punishable.-
(i) in every case where any of the acts aforesaid relates to Red Sanders
wood or Sandal wood or any scheduled tree shall upon conviction be
punishable with imprisonment for term which may extend to ten years and
fine which may extend to ten lakh rupees;
provided that,-
(a) in case of first offence, the term of imprisonment shall not be less than
five years and an amount of fine shall not be less than three lakh
rupees; and
(b) in case of second and subsequent offences, the term of imprisonment
shall not be less than seven years and an amount of fine shall not be
less than five lakh rupees:
   (ii) in any other case, with imprisonment for a term which shall not be less
than three months but which may extend upto five years and with fine
which shall not be less than five thousand rupees but which may extend to
thirty thousand rupees:
       provided that,-
(a) in case of first offence, the term of imprisonment shall not be less than
three months but which may extend upto three years and with fine
which shall not be less than five thousand rupees; and
     (b) in case of second and subsequent offences the term of imprisonment
shall not be less than one year but which may extend up to five years
with fine which shall not be less than thirty thousand rupees.]
      (3) The Government may, by notification and for reasons to be
recorded in writing, exempt any person or class of persons belonging to the
Scheduled Tribes, from the operation of all or any of the rules made under
this section.
28. Power to declare protected forest to cease to be protected -The
Government may, by notification, direct that from a date to be fixed by
such notification, any protected forest or any portion thereof shall cease to
be a protected forest.
CHAPTER IV
CONTROL OF TIMBER AND OTHER FOREST PRODUCE IN TRANSIT
OR POSSESSION
29. Power to make rules to regulate the transit possession of timber
and other forest produce-(1) The Government may make rules to
regulate-
(i)  the floating of timber in the rivers in the State and
the transit of timber and other forest produce by land or
water;
2[(ii) The possession of forest produce of such value or
quantity as may be specified in this behalf.]
1. Substituted by Act 15 of 2016, section 5.
2. Substituted by Act 15 of 2016, section 6.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may-
(a) specify the routes by which alone timber or other forest
produce may be imported, exported or moved into, from or
within the State;
(b) prohibit the import or export or moving of such timber or
other forest produce without a permit from a forest officer duly
authorised to issue the same, or otherwise than in accordance
with the conditions of such permit, or in the case of timber,
without a transit mark affixed by such officer;
(c) provide for the issue, production and return of such permit
or in the case of timber, for affixing of transit-mark and for the
payment of the 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
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 purpose of this Act to affix a mark;
(e) provide for-
(i) the establishment and regulation of depots and
stations to which such timber or other forest produ

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