The Assam Forest Protection Force Act, 1986 (SINGLE DOCUMENT)

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ASSAM ACT NO. XXII OF 1987
(Received the assent of the President on 11th December, 1987).

THE ASSAM FOREST PROTECTION FORCE ACT, 1986.

An
Act
to provide for the constitution and regulation of a force called the Assam
Forest Protection Force for the better protection and security of the
Forests, Forest Produce and Wild Life of Assam.
It is hereby enacted in the Thirty-Seventh Year of the Republic of
India as follows:-

Short title,
extent and
commencement.

(1) This Act may be called The Assam Forest Protection Force Act,
1986.

(2) It extends to the whole of Assam.

(3) It shall come into force at once.
Definition.

2. In this Act, unless the context otherwise requires;
(a) "Governor'' means the Governor of Assam.

(b) ''Government” means the State Government of Assam.

(d) ''Forests" means Reserved Forests, Protected Forests, Village
Forests, Proposed Reserved Forests where preliminary notification
has duly been published in the Assam Gazette, unclassed State
Forests so constituted or defined under the Assam Forest
Regulation of 1891, any area recorded as forests in the Government
records and also areas under various Social Forestry Plantations.

(e) ''Forest Produce” includes-

(i) timber, charcoal, caoutchoue, catchu, wood oil, resin, natural
varnish bark, lac, myrabolams, rhinoceros horns and anything
found in or brought from a forest ;

(ii) trees and leaves, fruits and all other parts or produce, not
hereinbefore mentioned, of trees ;

(iii) plants not being trees (including grass creepers, reeds and
moss) and all parts or produce of such plants ;

(iv) wild animals and skins, tusks and horns, bones other than
rhinoceros horn, silk, cocoons, honey, wax and all other parts
or produce of animals ;

(v) peat, surface soil, rock and minerals (including limestone,
leterite, mineral oils and all produce of mines or quarries);

(f) ''Forest officer" means any person appointed by name or as holding
an office by or under the orders of the Government to be a Chief
Conservator, Additional Chief Conservator of Forests, Conservator,
Deputy Conservator, Assistant Conservator of Forests, a Wildlife
Warden, Forest Ranger, Deputy Ranger, Game Keeper, Forester,
Forest Guard, Head Game Watcher, Game Watcher, Mohout,
Boatman or to discharge any function of a Forest Officer under the
Assam Forest Regulation of 1891, and the Wildlife (Protection)
Act, 1972;

(g) "Chief Conservator of Forests" means the Chief Conservator of
Forests appointed under Section 4;

(h) "Member of the Force" means a person appointed to the Force other
than a supervisory officer ;

(i) ''Supervisory Officer" means any of the officers appointed under
Section 4 and includes any other officer appointed by the
Government as a supervisory officer of the Force ;

(j) "Prescribed" means prescribed by rules made under this Act.

(k) ''Wildlife'' includes any animals, bees, butter flies, crustecea, fish
and moth, and aquatic or land vegetation which forms part of any
habitat.

Constitution of
the Force.

(1) There shall be constituted and maintained by the Government a
Force to be called the Assam Forest Protection Force for the better
protection and security of Forests, Forest Produce and Wildlife
owned by the Government.

(2) The Force so constituted shall consist of such number of
supervisory officers and members of the Force who shall receive
such pay and other remunerations as may be prescribed.

Appointment
and power of
Supervisory
officers.

The Government may appoint a person to be the Chief Conservator of
Forests and may appoint other persons to be the Additional Chief
Conservator, Conservator, Commandant, Deputy Commandant,
Assistant Commandant of the Force as may be required from time to
time.

Appointment of
the members of
the Force.

(a) The appointment of the members of the Force shall rest with the
Chief Conservator of Forests who shall exercise that power in
accordance with the Rule 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 an Additional Chief Conservator as the Government may by
order specify in this behalf.

(b) 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/Inspector.

(ii) Platoon Commander/Sub-Inspector

(iii) Havildar.

(iv) Constable.
Certificate of
the member of
the Force.

(1) Every member of the Force shall receive on his appointment a
certificate in the form specified in the Schedule under "the seal of
the Chief Conservator of Forests or such other Forest Officer as the
Chief Conservator of Forests may specify in this behalf by virtue of
which the person holding such certificate shall be vested with the
power of a member of the Force:

(2) Such certificate shall cease to have effect whenever the person
named in it ceases to be a Member of the Force.
Superintendence
central
Administration
of the force.

(1) The Superintendence of the Force shall vest in the Government and
subject thereto the Administration of the Force shall vest in the
Chief Conservator of Forests and shall be carried on by him in
accordance with the provisions of this Act and Rules made

thereunder.

(2) Subject to the provision of sub-section (I), the administration of the
Force, within such local limits as may be prescribed, shall be
carried on by other supervisory officers in accordance with the
provisions of the Act and or any Rules made thereunder and every
supervisory officer placed in charge of the protection and security
of Forests, Forest Produce and wildlife shall, subject to any
directions that may be given by the Government in this behalf,
discharge his functions under the general supervisions, direction
and control of the concerning Forest Officer of the territory.

Dismissal,
Removal etc, of
Members of the
Force.

Subject to the provision of Article 311 of the Constitution and to such
rules as the Government may under this Act make, any Supervisory
officer may-
(i) dismiss, suspend or reduce in rank any member of the Force whom
he thinks remise or negligent in the discharge of his duty or unfit
for the same; or
4

(ii) award any or more of the following punishments to any member of
the Force who discharges his duty in a careless or negligent manner
or who by any act of his own renders himself unfit for the
discharge thereof, namely;

(a) fine to any amount not exceeding seven days pay or reduction
in pay scale;

(b) drill, extra guard, fatigue or other duty;

(d) other punishment/punishments as may be deemed fit and
proper.
Appeal and
revision.
9. (1) Any member of the Force aggrieved by an order made under
section 8 may, within 30 (thirty) days from the date on which the
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), the decision of the said authority thereon shall
be final:

Provided that the prescribed authority may entertain the appeal
after the expiry of the said period of 30 days, if it is satisfied that
the appellant was prevented by sufficient cause from filing the
appeal in time.

(2) In disposing of an appeal, the prescribed authority shall follow
such procedure as may be prescribed.

(3) The Government may call for and examine the records of any
proceeding 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 order thereon as
it thinks fit:

Provided that no order imposing an enhanced penalty under
sub-section (2) or sub-section (3) shall be made unless a reasonable
opportunity of being heard has been given to the person affected by
such order.

Duties of
Member of the
force.

10.

It shall be the duty of every supervisory officers and members of the
Force-
(a) to promptly obey and execute all orders lawfully issued to him by
his superior authority ;

(b) to protect and safeguard the Forests, Forest Produce and Wildlife
of the State of Assam;

(d) to do any other act conducive to the better protection and security
of Forests, Forest Produce and Wildlife referred to in clauses (b)
and ( c) above.
Power to arrest
without
warrant.

11.

(1) Any supervisory officer or member of the Force, may without any
order from a Magistrate and without a warrant, arrest any person,
who has been concerned in or against whom a reasonable suspicion
exist of his having been concerned in or who 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, a cognizable offence relating to-

(i) Forest, Forest Produce and Wildlife of the State of Assam;

(ii) Property belonging to the Forest Department of the State
Government of Assam;

(2) If any person is found trespassing or squatting in any Reserved
Forest, plantations and premises owned by the Forest Department,
National Parks and Wildlife Sanctuaries, he may, without prejudice
to any other proceedings which may be taken against him, be
removed from such areas by any supervisory officer or member of
the Force.
Power to search
without
warrant.

12.

(1) Whenever any supervisory officer, or any member of the Force, not
below the prescribed rank , has reason to believe that any such
offence as is referred to in Section 11 has been or is 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 belongings forthwith and if he thinks proper, arrest any
person whom he has reason to believe to have committed the
offence.

(2) The provision of the Code of Criminal Procedure Act, 1973,
relating to the searches under that code shall, so far as may be,
apply to searches under this section.

Procedure to be
follow after
arrest.

13.

Any supervisory officer or member of the Force 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 case.

Powers to use
fire arms as
provided in
Chapter XI &
XII of Cr. P.G.
14.

In order to prevent commission of any offence and in order to 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 XI and XII of the Code of Criminal
Procedure Act, 1973.

Officers and
members of the
Force to be
considered
always on duty
and liable to be
employed
anywhere in the
State of Assam.

15.

(a) Every Supervisory Officer and member of the Force shall for the
purpose of 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 Assam.

(b) No Supervisory Officer or member of the Force shall engage
himself in any employment or office other than his duties under
this Act.
Responsibilities
of the Members
of the Force
during
suspension.

16.

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
subject to the same responsibilities, discip1ine and penalties to which he
would have been subject if he were on duty.
Surrender of
Certificates,
arms etc, by
person ceasing
to be Members
of the Force.
17.

(1) Every person who for any reason ceases to be a member of the
Force, shall forthwith surrender to any supervisory officer
empowered to received 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
Force.

(2) Any person who wilfully neglects or refuses to surrender his
certificates or appointment or the arms, accoutrements, clothing,
and other articles furnished to him as required by sub-section (1)
shall, on conviction, be punished with imprisonment for a term
which may extend to one month or with fine which may extend to
two hundred rupees or both.

(3) Nothing in this section shall be deemed to apply to any article,
which under the orders of the Chief Conservator of Forests, has
become the property of the person to whom the same was
furnished.

Penalties for
neglect of duty
etc.

18.

(1) Without prejudice to the provisions contained in Section 8, every
member of the Force who shall be guilty of any violation of duty or
willful breach or neglect of any rule or regulation or lawful order
made by a supervisory officer, or who shall withdraw from the
duties of his office without permission, or who, being absent on
leave, fails, without reasonable cause, to report himself for duty on
the expiration of the leave, or who engages himself without
authority in any employment other than his duty as a member of
the Force, or who shall be guilty of cowardice, shall on conviction,
be punished with imprisonment for a term which may extend to six
months.

(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 any offence made punishable by that law, or for being liable
under any such law to any other or higher penalty or punishment
than is provided for such offence under this section:

Provided that no person shall be punished twice for the same
offence.

Application of
Act 22 of 1922 to
Officers and
Members of the
Force.

19.

The Police (Incitement to Diseffection) Act, 1922 shall apply to the
supervisory officer and member of the Force as it applies to the
members of the Members of the Police Force.
Protection of
acts of Officers
and Members of
the Force.
20.

(1) In any suit or proceeding against any supervisory officer or
member of the Force 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.

(2) Any such plea may be proved by the production of the order
directing the act, and if it is so proved, the supervisory officer or
the member of the Force shall thereupon be discharged from any
liabilities in respect of the act so done by him, notwithstanding any
defect in the jurisdiction of the authority which issued such order.

(3) Notwithstanding anything contained in any law for the time being
in force, any legal proceeding, whether civil or criminal, 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 thereunder shall be commenced within three
months after the act complained of having been committed and not
otherwise, and notice in writing of such proceeding and of the
cause thereof shall be given to the person concerned and his
supervisory officer at least one month before the commencement of
such proceeding.

(4) For prosecution of any officer or member of the Force sanction as
required under Section 197 of the Code of Criminal Procedure Act,
1973 will be necessary.

Power to make
rules.
21.

(1) The Government may, by Notification in the official Gazette, make
rules for carrying out the purposes of this Act.

(2) In 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 of supervisory officer and
members of the Force authorised to exercise any functions by
or under this Act ;

(d) prescribing the description and quantity of arms,
accoutrements, clothing and other necessary articles to be
furnished to the member of the Force ;

(e) prescribing the places of residences of the Force ;

(f) institutions, managements and regulation of any fund or any
purpose connected with the administration of the force ;

(g) regulating the punishment and prescribing the authorities to
whom appeal shall be preferred from orders of punishment
and the procedure to be followed for the disposal of such
appeals ;

(h) any other matter which has to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be
after it is made, before the Legislative Assembly of Assam while it
is in session for a total period of 30 days which 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 State Assembly agrees in making any modification
in the rule or agrees that the rules should not be made, the rules
shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so, however, that any such modification
or amendment shall be without prejudice to the validity of anything
previously done under that rule.

MD. SAADULLAH,
Secretary to the Govt. of Assam,
Legislative Department.

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