The Assam Forest Protection Force Act, 1986

THE ASSAM GAZETTE
Registered No. A—12
< 5 R T « fT 9 ‘l
EXTRAORDINARY
srre ■ ^ t sr^rfro
PUBLISHED BY AUTHORITY
4! 175
No. 175
22 1987, 1  1909 (w )
Dispar, Tuesday, 22nd December, 1987, 1st Pausa,
1909 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTM ENT : LEGISLATIVE BRANCH
NOTIFICATION
The 19th December, 1987
No. LGL. 108/84/98.—The following Act of the Assam 
Legislative Assembly which received the assent of the 
President is hereby published for general information.

1118 THE ASSAM GAZETTE, EXTRAORDINARY, DEC, 22,1987
ASSAM ACT NO. X X II O F 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 
Y ear of the Republic of India as follows: —
short title, ] This may be called The Assam
co m m en ce- Forest Protection Force Act, 1986.
men*.
(2) It extends to the whole of Assam.
(3) It shall come into force at once-
D efin itio n * . 2. In this Act, unless the context otherwise 
requires;
(a) “ Governor” means the Governor of Assam.
(b) “Government” means the State Government 
of Assam.
(c) “Force” means the Assam Forest Protection 
Force constituted under Section 3-
(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.

THE ASSAM GAZETTE, EXTRAORDINARY, DBG. 22, 1987 1119
(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 (in­
cluding 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 Regu­
lation 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 super­
visory officer ;

1120 ['HF ASSAM GAZETTE, EXTRAORDINARY, DEC. 22, 1987
(i) “Supervisory Officer” means any of the offi - 
cers appointed under Section 4 and includes 
any other officer appointed by the Govern­
ment 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.
oftiieF orce There shall be constituted and main-o  t ie  o rc e . t ajn e (j by tbe Government a Force to be called the
Assam Forest Protection Force for the better pro­
tection 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.
mem^d G° v e r n m e n t may appoint a person to be
p o w e r“ f the Chief Conservator of Forests and may appoint 
o ffic e rsSOry o t^e r Persons to be the Additional Chief Conser- cers' vator, Conservator, Commandant, Deputy Comman­
dant, Assistant Commandant of the Force as may 
be required from time to time.
m e n t o f th e  5- (a) The appointment of the members of the
m e m b e rs o f Force shall rest with the Chief Conserva­
tor 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 Addi­
tional 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

H IE  ASSAM GAZETTF EXTRAORDINARY. DEC. 22, 1987 1121
made under this Act and at the time of 
initial constitution shall comprise of,
(i) Company Gommander/Inspector.
(ii) Platoon Commander/Sub-Inspector.
(iii) Havildar.
(iv) Constable.
Certificate 
of the Mem­
ber of the 
Force.
6.(1) Every member of the Force shall receive 
on his appointment a certificate in the form speci­
fied in the Schedule under the seal of the Chief 
Conservator of Forests or such other Forest Offi­
cer as the Chief Conservator of Forests may specify 
in this behalf by virtue of which the person hol­
ding 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.
dence 7.(1) The Superintendence of the Force shall
m in fstta tio n  v e s*  *n  t ^e Government and subject thereto the 
of the Force, 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.

1122 THE ASSAM GAZETTE. EXTRAORDINARY DEC. 22, 1987
R e m o v a *1’  8. Subject to the provision of Article 311 of 
etcT o f*  the Constitution and to such rules as the Govern- 
M em b en  o f m ent may under this Act make, anv Supervisory the Force. m  t  j  r  j
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
(ii) award any or more of the following pun­
ishments to any member of the Force who 
discharges his duty in a careless or negli­
gent 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;
(c) removal from any office of distinction or 
deprivation of any special emolument;
(d) other punishment/punishments as may be 
deemed fit and proper.
rtv C io n  and (1) Any member of the Force aggrieved byevm ‘  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 en­
tertain the appeal after the expiry of the said pe­
riod 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.

THE ASSAM GAZETTE, EXTRAORDINARY, DEC. 22, 1987 1123
(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 th at 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 aff­
ected by such order.
D u ties of io. It shall be the duty of every supervisory 
the^Force? officer 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, For­
est Produce and Wildlife of the State of 
Assam ;
(c) to protect and safeguard other properties 
owned by the Forest Department of the 
State Government 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.
P o w er to 11- (1) Any supervisory officer or member of the 
arrest w ith- 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 pre­
sence 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 A ssam ;

11J4 the  ASSAM GAZETTE. EXTRAORDINARY, DEC. 22, 1987
(ii) Property belonging to the Forest Depart­
ment of the State Government of Assam;
(2) If any person is found trespassing or squ­
atting in any Reserved Forest, plantations and pre­
mises owned by the Forest Department, National 
Parks and Wildlife Sanctuaries, he may, without 
prejudice to any other proceedings which may be 
tjiken against him, be removed from such areas by 
any supervisory officer or member of the Force.
Power to 12. (1) Whenever any supervisory officer, or 
ouTwan-anta n ^ m e m ^ e r  °f Force, not below the presen­
c e  r an r a n k, jj a s  r e a s o n  to believe that any such offence 
as is referred to in Section 1 1 has been or is 
being committed and that a search warrant cannot 
be obtained without affording the offender an oppor­
tunity 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 Pro­
cedure 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, with­
out unnecessary delay, make over or send the person 
so arrested to a Magistrate having jurisdiction 
in the case.
P ow ers to 14 In order to prevent commission of any 
fire arm g6as offence and in order to make effective search, the 
cha’t O T  xi °®c e r s  an< 3 the other members of the Force will 
AxVofCr. have the right to use minimum necessary force in- 
p- c -  eluding use of fire arms as provided in Chapter X I 
and X II of the Code of Criminal Procedure Act, 
1973.
 
 
 
THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 12, 1987 1115
officers an d  15. f a ) Every Supervisory Officer and member 
th e  F o » c *  to  of the Force shall for the purpose of this Act be 
considered to be always on duty, and shall, at any 
o '! duty anYd time, be liable to be employed at any place within 
lia b le  to  b e the State of Assam* employed
anywhere in x
the State of
Amrid.
(2) No Supervisory Officer or member of the 
Force shall engage himself in any employment or 
office other than his duties under this Act.
H e .sPof’ithe' 16- A member of the Force shall not by reason 
M em b en ofO f his suspension from office cease to be member 
th e  F o rc e  o f the Force and he shall during that period be 
p e n s " o n .su” subject to the same responsibities, discipline and 
penalties to which he would have been subject if 
he were on duty.
Surreadarof 17. (]) Every person who for any reason ceaies 
ams eu.^byto be a member of the Force, shall forthwith 
p" ,on ’o*e£ ‘  surrender to any supervisory officer empowered to 
M e m b e H  9f received the same, his certificate of appointment, 
th e  F o rc e , the arms, accoutrements, clothing and other articles 
which have been furnished to him for the perfor­
mance of duties as a member of the Force.
(2) Any person who wilfully neglects or re­
fuses 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 impri­
sonment 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.
 
 
 
 
l it *  THE ASSAM GAZETTE. EXTRAORDINARY, DEG. 22, 1987
P enalties for 18. 1) Without prejudice to the provisions
d^y C t
ctc .f 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 lawfull 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 employ­
ment 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, offencee 
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.
ofPAct22°of F F e  Police (Incitement to Diseffectioti) Act,
1 9 2 2  to  1922 shall apply to the supervisory officer and member 
M ?m ben ofo f  t h e  F o r c e  a s  a PPh e s to the members of the 
Police Force,
20. (1) In atty 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 pro­
duction of the order directing the act, and if it is 
so proved, the supervisory officer or the member of
the Force.
Protection 
of acts of  
Officers 
and Mem­
bers «f the 
Force.
 
 
 
 
THE ASSAM GAZETTE. EXTRAORDINARY. DEC. 22, 1987 112?
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 O r 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 Gode of Criminal Procedure Act, 1973 
will be necessary.
m a k er ru les- ^1. (1) The Government may, by Notification m a  e  ru  s 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 member of the 
Force authorised to exercise any functions 
by or under this Act ;
(c) fixing the period of service for supervisory 
officers and members of the Force ;

1128 THE ASSAM GAZETTE. EXTRAORDINARY. DEC. 22. 19«7
(d) prescribing the description and quantity 
of arms, accoutrements, clothing and other 
necessary articles to be furnished to the 
member of the F orce;
(e) prescribing the places of residences of the 
Force ;
(f) institutions, managements and regulation of 
any fund or any purpose connected with the ad­
ministration 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, be­
fore the Legislative Assembly of Assam while it is 
in session for a tota 1  period of 30 days which may 
be comprised of one session or two successive se­
ssions 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 apy 
such modification or amendment shall be without 
prejudice to the validity of anything previously 
done under that rule.
♦
H JVAHA t I—Printed and published by the Dy. Director (P), Directorate of Ptg. and
Sty. Assam, Guwahati—21 (E»-Ga»«ue) No, 349—1,217+300—22-12-1987
k  , - MD. SAADULLAH,
i Secretary to the Govt, of Assam,
Legislative Department.

‹ Prev All Assam acts Next ›