The Arunachal Pradesh Forest and Special Tiger Protection Force Act, 2012

233
The Arunachal Pradesh Forest and Special Tiger
Protection Force Acl, 2012,
(Act No.2 or 2013)
(Received the assent of the Governoron 1gth February
2013 and Published in theArunachal Pradesh E.O. Gazette
No. 30 ,Vol-)g. dated 4th March,2013)
An
Act
to provide for the constitution and regulation of forces
called the Arunachal Pradesh Forest Protection Force and
Arunachal Pradesh Special Tiger Protection Force, for befter
protection and security of Forests, Forests Produce, Forest
lnFastructure, Wildlife insideand oubide he forest$ and Tigers
and otherwldlife in the llger Resenr'es, in the State offuun&nal
Pradesh and matters connected therewith or inciJental thereto.
BE it enacted by the Legislative Assembly ofArunachal
Pradesh in the Sixty-third Year of the Republic of lndia as
follows:-
1. (1) This Act may be called the Arunachal Pradesh
Forest aM $ecial Tiger Protection Forces Act, 2012.
(2) lt shall extend to the whole ofArunachal Pradesh.
(3) lt shallcome intoforce on suchdateasthe State
Govemment by notification in the Otficial Gazette
appoints.
2. ln this Act, unless the context otherwise requires ;
(a) "Governor "means the Govemor of Arunachal
Pradesh.
(b) "Governrnent" means the State Government of
Arunachal Pradesh.
Short title,
extent and
commence-
ment.
Definitions.
(s)
234
(c) "National Tiger Conservation Authority" means National Tiger
Conservation Authority, Ministry of Environment & Forests, and
Government of India.
(d) "Force" means the Arunachal Pradesh Forest Protection Force,
or the Arunachal Pradesh Special Tiger Protection Force
constituted by the Srtate Govemment under secbon 3 of this Ac1.
(e) "Forests" means Wildlife Sanctuaries, National Parks, Conser-
vation Reserves, Community Reserves as defined or notifled
under the Wildlife Protection Ac1,1972, the Tiger Reserves,
Reserved Forests, Protected Foresb, Anchal Reserved Forests,
Village Reserved Forests, Proposed Reserved Forests where
preliminary notification has duly been published in theArunachal
Pradesh Gazette and the unclassed State Forests so
constituted ordefined undertheAssam ForestRegulation, of
1891 or any area rscorded as forests in the Govemment records
including the area under various Social Forestry Plantations.
(0 "Forest Produce" includes - '
(i) Timber, charcoal, wood oil, resin, natural varnish bark,lac,
myrabolans, rhinoceros horns and anything found in or
brought from a forest ;
(ii) Trees and leaves, fruits and all other parts or produce,
not herein before mentioned, oftree;
(iii) Plants not being trees (including grasses creepers, reeds
and moss) and all parts or produce ofsuch plants;
(iv) Wild animals and skins, tusk and homs, bones other than
rhinoceros horn, silkcocoons, honey, wax and all other
parts or produce of animals ;
(v) Peat, surface soil, rock and minerals (including limestone,
laterite, mineral oils and all produce ol mines or quarries).
"Forest Officed' means any person appointed by name or as holding
an office by or underthe orders of the Govemment to be a Principal
Chief Conservator of Forests, Additional Principal Chief Conservator
of Forests, Chief Conservator of Forests, Conservator, deputy
Conservator, Assistant Conservator of Forests, a Wildlife
Warden,Forest Ranger, Deputy Ranget Forester, Forest Guard,
Game Watche( Forest \ FatcheE Mahut, Boatman orwho discharges
anyfunction of a Forest Omcer undertheAssam Forest Regulation
of 1891, and the Wildlife (Protection)Act, 1972.
(h)
(i)
0)
(k)
o
(m)
3. (1)
(2)
235
"PrincipalChief Conservatorof Forests" m6ans the
Principal Chief Consereator of Forests appointed
under section 6 i
"Member of the Force" means a person appointed
to the Forces otherthan a supervisory offlcer;
"Member Secretary" means Member Secretiary,
National Tiger Conservation Authority.
"Supervisory Office/' means any of the officers
appointed under section 4 and includes any other
offcer appointed by the Government as a
supervisory officer of the Forces.
"Prescribed" means prescribed by rules made under
this Act
'Wildlife", includes any animals, bees, butterFlies,
crustacea, fishes and moths, and aquatic or land
vegetation which forms part of any habitat.
There shall be constituted and maintained by the
Govemment,
(a) Force to be called the Arunachal Pradesh
Forest Protectron Force for better protection and
security of forests, forest infrastructure, Forest
Produce, Wildlife inside and outside the forests
in the Slate ofArunachal Pradesh, and
(b) a Force to be called the Special Tiger Pro-
tection Force for the better protection and
security ofthe Tiger, the Tiger Reserves, Forest
infrastructure, Forest, Forests Produce and
Wildtife inside the Tiger Reseryes.
The Forces so constituted shall consist of such
number of supervisory officers and members who
shall receive pay and other remunerations as may
be prescribed.
Constitution
of the Forces
Appointment 4
and power of
Supervisory
Officers.
Appointment 5
ofthe
members of
the Force.
Certificate
of the
memberof
the Force.
a,la
The Government may appoint any Forest Offic€r or
Police Otficer on deputation as supervisory officer to
be the Commandant, Deputy Commandant,
Assistant Commandant, and Platoon Commander
of the Forces as may be prescribed and required
from time to time.
(1) The appointment of the members ofthe Forces shall
rest with the Principal Chief Conservator of Forests
who shall exercise that power in accordance with
the Rules made under this Act.
Provided that the power of appointment under
this section may also be exercised by such other
Supervisory Officer not below the rank of Deputy
Conservatoras the Govemment may by orderspecify
in this behalf.
(2) The designation and rank of the members of the
Force shall be regulated by Rules made under this
Act and at the time of initial constitution shall
comprise of,
(i) Company Commander/lnspector
(ii) Platoon Commander/Sub-lnspector orAssistant
Sub lnspector
(iii) Section Commander/Head Forcster
(iv) SpecialTiger Guard/ Forest Consbble.
6. (1) Every member of the Force shall receive on his
appointment a certificate in a prescribed form under
the sealofthe Principal Chief Conservatorof Forests
or such other Forest Officer as the Principal
Chief Cons€rvator Forests may specify in this behalf
byvi(ue ofwhich the person holding such certificate
shall be vested with the power of a member of the
Force.
(2) Such certificate shallcease to have ettect whenever
the person named in it ceases to be a Member of
the Force.
7
237
(1) (a) The Superintendence and control of the
Arunachal Pradesh Forest Protection Force
shall vestwith the Principal Chief Conservator
of Forests and shall be carried on by him
in accordance with the provisrons of this Act
and Rules made there undet
(b) The Superintendence and controlof theArunachal
Pradesh Special Tiger Protection Force shall
vest with the Chief Wildlife Warden and shall be
carried on by him in accordance with the
provisions of this Act and Rules made there
under.
(2) The PrincipalChief Conservator of Forests or the Chief
Wildlife Warden shall have the powers to authorise
any officers subordinate to them, to exercise such
powers for administration and deploymentof the force
under their superin-tendence.
(3) TheArunachal Pradesh SpecialT]ger Potection Force
is liable to be deployed in anyTiger Reserv€s of lndia
on being so requisitioned by theMember Secretary,
National Tiger Conservation Authority.
(4) Subject to the provision of sub-section (l) the
administration of the Forces, within such local limits
as may be presciibed, shall be carried on by other
supervisory officers in accordance with the provisions
of this Act and or any Rules made thereunder and
every supervisory offiaer placed in charge of the
protection and security of Forests, Forests Produce
and wildlife shall, sub.iect to any directions that may
be given by the Govemment in this behalf discharge
his functions underthe general supbrvision, direction
and control of the concerning Forest Officer of the
terntory
Subiect to the provision ofA(icle 311 ofthe Constitution
and to such rules as the Government may underthisAct
make, any Supervisory Officer may-
Superinten-
dence control
Administra-
tion of the
Force.
Penalues.8
Appealand I
revision.
238
(i) Dismiss, suspend or reduce in rankany memberofthe
Force whom he thinks remiss or negligent in the
discharge of his duty or u nflt for the same or fails without
reasonable cause, to report himself forduty on expiration
of leave, or
(ii) Award any or more of the following punishments to any
memberof the Forces who wilfully breaches any rules' or rqJulation ordischarges his duty in a careless manner
or who by any act of his own renders himself unfit for
the discharge thereof, namely,
. {a) lmpose fne to any amount not exceeding seven days
pay or reduction in pay scale ;
(b) Order for drill, extra guard, fatigue orotherduty;
(c) Remove from any ofice of distinction or deprive from
any special emolument,
(d) Pass other punishmenu punishments as may be
deemed flt and proper
(1) Any'member ofthe Forces aggrieved by an order made
under section 8 may, within 30 (thirty) days from the
date on which he order is communicated to him, prefer
an appeal against the order to such authority as may
be prescribed, and subject to the provisions of sub -
section (3) of this section, the decision of the said
authority thereon shall be final :
Provided that the prescribed authority may
entertain the appealafter the expiry ofthe said period
^ of thirty days, if he is satisfied that the appellant
was prevented by sufficient cause from filling the
appeal in time.
(2) ln disposing ofan appeal, the prescribed authorityshall
follow procedure as may be prescribed.
(3) The Government may call for and examine the
proceedings under Section 8 or under sub-section
(2) of this section and may make such inquiry or
cause such inquiry to be made and subject to the
provision of this Act, may pass such orderthereon as
it thinks flt:
239
Provided that no order imposing an enhanced
penalty under subsection (2) or sub-section (3) shall
be made unless a reasonable opportunity of being heard
has been given to the person affected by order
10- lt shall be the duty of every supervisory officer and
member of the Forces-
(a) To promptly obey and execute all orders lawfully
issued to him by his superior Authority ;
(b) To protect and safe guard the Forests, Forests
Produce, Wildlite and security of Forestpersonnel
ofthe State ofArunachal Pradesh;
(c) To protect and safeguard other properties owned
by the Forest Departrnent of the State Government
ofArunachal Pradesh;
(d) To do any other act conducive to the better
protection and security of Forests, Forest Produce
and Wildlife etc. referred to in clauses
(b) and (c) above.
11. (1) Any supervisory officeror Memberof the Force, may
without any order from a Magistrate and without a
wanant, an'est any person, who has been concemed
in or against whom a reasonable suspicion exist of
his having been concemed in orwho is found taking
precautions to conceal his presence under
circumstances which afford reason to believe that
he is taking such precautions with a view to
committing, cognizable offence relating to -
(i) Forest, Forest Produce, Wildlife and Forest
personnel ofthe Slate of Arunachal Pradesh.
(ii) Property belonging to the Forest depart- ment
ofthe State Government ofArunachal Pradesh ;
Powers to
anest
without
wanant
Duties of
Memberof
the Forces.
Powers to
search
without
wanant.
12
Procedures 13
to be
followed
afteranest.
Power to
use fire
arms as
provided in
ChapterXl
& Xll of Cr.
PC.
14
244
12\ lt any person is found trespassing or squatting in
any Reserved Forest, Protected Forests, Anchal
Reserve Forests, Village Reserve Forests,
Plantation and premises owned by the Forest
Department, National Parks, Tiger Reserves, Wildlife
Sanctuaries, Conservation Reserve or Community
Reserve, he may, without prejudice to any
proceedings which may be taken against him, be
removed from such areas by any supervisory officer
or member of the Forces.
(1) Whenever any supervisory officer, oranymember
of the Forces, not below the prescribed rank has
reason to believe that any such offence as is refened
to in Section (11) have been or being committed and
that a search warrant cannot be obtained without
affording the offender an opportunity, of escaping or
concealing evidence of the offence, he may detain
an offender and search his person and belonging
forthwith and if he thinks proper, anest any person
whom he has reason to believe to have committed
the offence.
(2) The provision of the Code of Criminal ProcedureAct,
1973, so far as it relates to the searches under that
code shall, apply to searches under this section.
Any supervisory officer or member of the Forces
making an arrest under this Act shall, without
unnecessary delay, make over or send the person
so arrested to a Magistrate having jurisdiction in the
€se.
(1) ln order to prevent comrnjssion of any offence and in
orderto make effective search, the officers and the
other members of the Force will have the right to
use minimum necessary force including use of fire
arms as provided in Chapter Xl and Xll ofthe Code of
Criminal Procedure Act, 1973.
241
(2) The provisions, envisaged in suFseclion (2) of
sect,on 197 of code of Criminal Procedure, 1973
shall apply to all the Members and Supervisory
Officers of the Forces.
(3) Wherever firing is resorted to by any personnel
mentioned in clause (2) above, each such incident
shall be enquired into by an Executive Magistrate
of the locality, and any proceeding including
institution of a criminal case of any nature or
effecting an arrest can be initiated by the Police,
only if, it is held, as a result of the Magisterial
Enquiry that use of firearms has been unnecessary,
unwarranted and excessive and such report has
been examined and accepted by the Government.
15. (1) Every Supervisory Officer and member of the Force
shallfor the purpose 0f this Act be considered to be
always on duty, and shall at any time, be liable to
be employed at any place within the State of
Arunachal Pradesh and in so far as the Arunachal
Pradesh Special Tiger Protection Force is
concerned, its members and the supervisory officer
shall also be liable to be posted any where within
lndia, on being requisitioned by Member Secretary,
National Tiger Conservation Authority.
(2) No Supervisory Officer or member of the Force
shall engage himself in any employment or office
, other than his duties under this Act.
16. No member of the Force Shall ,
(a) be a Member of, or be associated in any way with,
any trade union, labour union, political association
or with any class of trade unions, labour unions, or
political associations; or
(b) be a Member of, or be associated in any way with,
any other society, institutjon, association or
organisation that is not recognised as part of the
Force or is not of a purely social, recreational or
religious nature ; or
Officers and
members of
the Forces
to be consi-
dered always
on duty and
liable to be
employed
anywhere in
the State of
Arunactal
Pradesh
and lndia.
R*fictions
respectlng
right to form
associations
etc.
Responsibi- 17
ities of the
Members of the
Forces during
suspension.
Sunenderof 1B
certificates,
arms etc,
by persons
ceasing to be
Members of
the Forces.
242
(c) communicate with the press or publish or cause to
be published any book, letter or other document
except where such communication or publication is
in the bonafide discharge of his duties or is of a purely
literary artistic, or scientific character.
Explanation: - lf any question anses as to
whether any society, institution, association or
organisation is of a purely social, recreational or
religious nature under clause (b), the decision of
the Gavernment thereon shall be final.
(2) No Member of the Force shall participate in, or
address any meeting or take part in any
demonstration organized by any body or persons
forany political purposes orforsuch other purposes
as may be prescribed.
A member of the Force shall not by reason of his
suspension from office cease to be member of the
Force and he shall during that period be subiect to
the same responsibilities, discipline and penalties
to which he would have been subjected to if he
were on duty.
(1) Every person who for any reason ceases to be a
member of the Force, shall forthwith surrender to
any supervisory oflicer empowered to receive the
same, his certificate of appointment, the arms,
accoutrements, clothing and other articles which
have been furnished to him for the performance of
duties as a member of the Forces.
(2) Nothing in this section shall be deemed to apply to
any article, which under the orders of the Principal
Chiel Conservator of Forests, has become the
property of the person to whom the same was
fumished.
243
19. (1) Without prejudice to the provisions contained in
section 8, the act of wilfully neglecting or refusing
or sunendered certiflcate of appointmentorthe arms,
accoutrements, clothing and other articles furnished
as required under sub-section (1) of section 18, or
the act engaging himself without authority in any
employment otherthan his duty as a member of the
Forces, shall be punishable with imprisonment for
a term which shall not be less than six months or
fine shall not be less than five thousand rupees or
with both.
(2) Notwithstanding anything contained in the Code of
Criminal Procedure Act, 1973, offence punishable
under this section shall be cognizable.
(3) Nothing contained in this section shall be construed
to prevent any member of the Force from being
prosecuted under any other law for time being in
force for an offence made punishable by that law,
or for being liable under any such law to any other
or higher penalty or punishmentthan is provlded for
such offence under this section :
20
21 . (1) ln any suit or'proceeding against any supervisory
officer or member of the Forces for any act done by
him in the discharge of his duties, it shall be lawful
for him to plead that such act was done by him
under the order of a competent authority.
Provided that no person shall be punished
twice for the same offence.
The Police (lncitementto Disaffection) AcI, 1922 shall Application
apply to the supervisory officers and members of of Act22of
the Forces, as it applies to the members of the 1922 to
Police Force. Officers and
Members of
the Forces.
Penalties for
neglect of
duty etc..
Protection
of acts of
Offlcers and
Members of
the Forces.
Boards of
Studr'es.
(2)
(3)
(4)
22. (1\
12)
244
Any such plea may be proved by the production of
the order directing to act, and if it is so proved, the
supervisory officer or the member of the Force shail
thereupon be discharged from any liabilities in
respect of the act so done by him.
Notwithstanding anything contained in any law for
the time being in force, any legal
proceeding, whether civil or crirninal, which may
lawfully be brought against any supervisory officer
or the member of the Force or anything done or
intended to be done under the powers conferred
by or in pursuance of any provision of this Act or
the Rules made thereunder shall be commenced
lvithin three months after the act complained of
having been committed and nol other wise and
notice in wnting ofsuch proceeding and of the cause
thereofshallbe given to the person concerned and
his supervisory officer at least one month before
the commencement of such proceeding.
For prosecution of any officer or member ofthe Force,
sanction as required undersection 197 ofthe Code
of Criminal ProcedureAct, 1973will be necessary.
The Government may, by notification in the official
Gazette, make rules for carrying out the purposes
of this Act.
ln particular and without prejudice to the generality
of the foregoing powers, such rules may provide for-
(a) Regulating the classes, ranks, grades, pay and
remunerations of supervisory officers and
members of the Force and their conditions of
service in the Force;
(b) Regulating the powers and duties ofSupervisory
Officer and members of the Force authorized
to exercise any functions by or under this Act;
245
(c) Fixing the period olservice forsupeMsory officers and members
of the Forc€;
(d) Prescribing the description and quantity of arms,
accoulrements, clothing and other necessary articles to be
furnished to the member of the Force ;
(e) Prescribing the places of residences of the Force;
(f) lnstitutions, managements and regulation of any fund or any
purpose connected with the administration of the Force i
(g) Regulating the punishmentand prescribing the authorities to
whom appeal shall be prefened from orders of punishmentand
the procedure to be followed for the disposal of such appeal ;
(h) Any other matter which has to be or may be prescibed.
(3) Every rule made under this section shall be laid as soon as may
be after it is made, before the Legislatrve Assembly of tuunachal
Pradesh while it is in session for a total period of 10 dayswhich
may be comprised of one session or two successive sessions
and if before the expiry of the session in which it is so laid or the
session immediately following the Slate Assem bly agrees in making
any modification in the rule or agrees that the rules should not be
made, the rules shallthereafter have effect only in such modified
form or be of no efiect, as the case may be, so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

‹ Prev All Arunachal Pradesh acts Next ›