The Assam Forest Regulation (Amendment) Act, 1995

Registered No. A-12
THE ASSAM GAZETTE
<5rw ra«r
extraordinary
373 <53% '•  W  Sratfw
PUBLISHED BY AUTHORITY
95 ( w h .  w w  2 c r  1995, 12 W®f, 19)7 R *) 
N o. 95 Oispui, Tuesday, 2nd May, 1 ^ 5  12th Vaisakha,
J  917 (S L :)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :  LEGISLATIVE 
BRANCH
NOTIFICATION
.. .  t  .  ... ... . . . .  .  .  •  ' ■  .  ■  ' ■  . ■ ’ ■  7  ■  ■  ■  '
The 2nd May, 1995
No. LGL. 24/94/130.— The following Act of the As: am 
Legislative Assembly which received the assent cf the 
Governor is hereby published for general information.
A  •>

556 THE ASSAM GAZETTE, EXTRAORDINARY MAY 2, 1995
ASSAM ACT NO. XIV OF 1995
(Received the assent of the Governor on 30th April, 1995) 
THE ASSAM FOREST REGULATION (AMENDMENT) 
ACT, 1995
AN
ACT
further to amend the Assam Forest Regulation, 1891 
(Regulation VII of 1891).
Preamble. Whereas it is expedient 
amend the Assam Forest 
1891, hereinafter referred 
principal Regulation.
further to 
Regulation, 
to as the
Short title  
and 
commence­
ment*
It is hereby enacted in the Forty-sixth Year of 
the Republic of India, as follows: — . . . . .
1 . (1) This Act may be called the Assam Forest 
Regulation (Amendment) Act, 1995.
(2) It shall come into force on such date as the 
State Government may by notification, published 
in the Official Gazette, appoint. _
A m e n d m e n t 2. In the principal Regulation, in Section 3, 
ofSsction 3. £ o r  sub-section (3), the following shall be substitu­
ted, namely :
"(3) ’timber’  means trees when they have 
fallen or have been felled or all wood, whether cut 
out or fashioned or hollowed out for any purpose 
or not and includes trees when cut into pieces or 
sizes or peeled out or sliced out (veneer) for manu­
facturing of plyboard, block board or any other 
purposes or not.”
I* *
A m e n d m e n t 3. In the principal Regulation, in Section 24, 
of^secuon £o r  p o r ti o n  beginning with the words, "shall 
be” and ending with the words "such damage”, 
occuring after the clause (b), the following shall be 
substituted, nam ely:
"Shall be punished with fine which may extend 
to five thousand rupees or with imprisonment 
which may extend to one year or with both, or
 
 
THE ASSAM GAZETTE. EXTRAORDINARY, MAY 2, 1995 557
when the damage resulting from his offence 
amounts to more than one thousand rupees, with 
fine which is not less than five thousand rupees or 
with imprisonment which is not less than one year 
but may extend to three years or with both.”
o f s e c tio n  2 5 . 4. In the principal Regulation, in Section 25,
for the portion beginning with the words "shall be 1’ 
and ending with the words "with both”, occurring 
after the clause (g), the following shall be substi­
tuted, nam ely:
"Shall be punished with imprisonment for a 
term which is not less than one year but may. 
extend to three years or with fine which may 
extend to five thousand rupees or with both.”
A m e n d m e n t 5 -  the principal Regulation, in Section 35, 
> f  s e c tio n  3 5  for sub-section (l), the following shall be substitu­
ted, nam ely:
"(1) If any person infringes the provisions of 
Section 33, he shall be punished with imprisonment 
for a term which is not less than one year but may 
extend to three years or with fine which may 
extend to five thousand rupees, or with both.”
A m e n d m e n t  6. In the principal Regulation, in Section 40, 
o t  S e ctio n 4 0 .|n  sub-section (2), for clause(l), the following shall 
be substituted, namely :
"(1) prohibit absolutely, or subject to condi­
tions, rules, within specified local limits, the estab­
lishment of saw mills, saw pits, veneer mills, ply­
wood factories and any kind of forest based 
industries for the purpose of conversion, manufac­
turing, peeling, slicing, cutting, burning concealing, 
marking or supermarking the timber, altering or. 
effecting any of the marks on the same and posses­
sion or carrying of marking hammers or other, 
implements, used for marking timber; and” 1
A m e n d m e n t 7  jn  the principal Regulation, in Section 41, 
e c,o n' ’f o r  the sub-section (1), the following shall b'e sub* 
L stituted, nam ely:
"(1) The State Government may, by a rule 
under the last foregoing section, attach to the

558 THE ASSAM GAZETTE. EXTRAORDINARY. MAY 2, 1995
breach of any rule under that section any punish­
ment not exceeding imprisonment for a term which 
may extend to three years or fine which may 
extend to five thousand rupees or both.”
ofs'cH^w. 8. In the principal Regulation, for Section 49, 
the following shall be substituted, namely :
property 49. (1) When there is reason to believe that a
c o n fis c  f °r e s t offence has been committed in respect of any c o n  s a  io n . £o r e s ^ .  pr o (j u c e )  s u c h produce together with all 
tools, boats, motorised boats, vessels, cattle, carts, 
rafts, machinaries, vehicles, trucks, ropes, chains or 
any other implements, articles or materials used 
in the commission of such offence may be seized by 
any Forest Officer not below the rank of a Forester 
or any Police Officer not below the rank of a Sub­
Inspector of Police.
(2) Every Officer, seizing any property under 
sub-section (1), shall place on such property or the 
receptacle, if any, in which it is contained, a mark 
indicating that the same hag been so seized and 
shall, as soon as may be, either produce the pro­
perty seized before an officer not below the rank 
of Assistant Conservator of Forests authorised by 
the State Government in this behalf by notification 
in the Official Gazette (hereinafter referred to as 
the 'Authorised Officer’)  or where it is, having 
regard to the quantity or the bulk or any other 
genuine difficulty, not practicable to produce the 
property seized before the Authorised Officer, or 
where it is intended to launch prosecution against 
the offender, immediately make a report of such' 
seizure to the Magistrate having jurisdiction to try 
the offence on account of which the seizure has 
been m ade:
■  Provided that where the forest, produce with 
respect to which such offence is believed to have 
been committed is the property of the Government 
and the offender is unknown, it shall be sufficient 
if the Officer makes, as soon as rnay be, a report of 
the circumstance to his official superiors.

THE ASSAM GAZETTE. EXTRAORDINARY. MAY 2, 1995 559
(3) A ny Forest Officer or Police Officer may, 
if he has reason to believe that a vehicle has been or 
is being used for the transport of any forest pro­
duce in respect of which any forest offence has 
been committed, require the driver or any other 
person or persons in-charge of such vehicle to stop 
the vehicle and cause it to remain stationary as 
long as may reasonably be necessary to examine 
the contents in the vehicle and inspect all records 
relating to the goods carried, which are in posses­
sion of such driver or other person in-charge of 
the vehicle.
(4) Subject to the provisions of sub-section (5)
and (6), where the Authorised Officer upon produc­
tion before him of the property seized or upon 
receipt of a report about seizure, as the case may 
be, and after such personal inspection or verifica­
tion as he may deem fit and necessary, is satisfied 
that a forest offence has been committed in respect 
thereof, he may by order in writing and for reasons 
to be recorded therein, confiscate the forest pro­
duce so seized together with all tools, vehicles, 
cattle, trucks, motorised boats, boats, carts, 
machinaries, rafts, vessels, ropes, chains or any 
other implements or articles used in committing 
such offence. A  copy of the order of confiscation 
shall, without any undue delay, be forwarded to 
the Circle Conservator of Forests of the Circle in 
which the forest produce has been seized and the 
Magistrate having jurisdiction to try the offence on 
account of which the seizure has been m ad e.____
(5) No order confiscating any property shall 
be made under the preceeding provisions unless 
the Authorised Officer-—
(a) sends an intimation in the prescribed form 
about the initiation of the proceeding for confisca­
tion of property to the Magistrate having jurisdic­
tion to try the offence on account of which the 
seizure has been m ade; ■ ..
(b) issue a notice in writing to the person 
from whom the property is seized, and to any other

560 THE aSSA M  GAZETTE. EXTRAORDINARY, MAY 2, 1995
person who may appear to the Authorised Officer 
to have some interest in such property and in 
cases of motorised boats, vessels, vehicles, trucks, 
etc. having a registered number to the registered 
owner thereof;
(c) affords to the persons referred to in clause 
(b) above a reasonable opportunity of making 
a representation within such reasonable time as 
may be specified in the notice, against the propo­
sed confiscation; and
(d) gives to the Officer effecting the seizure 
and the person or persons referred to in clause (b) 
or (c) above, a reasonable opportunity of being 
heard on a date or dates to be fixed for the 
purpose.
(6) Notwithstanding anything contained in the 
foregoing provisions, no order of confiscation under 
sub-section (4) of any tools, boats, motorised boats, 
vessels, cattle, carts, rafts, machinaries, vehicles, 
trucks, ropes, chains or any other implements, 
articles (other than timber or forest produce) shall 
be made if any person referred to in clause (b) of 
sub-section (5) proves to the satisfaction of the 
Authorised Office’’ that such tools, vehicles, machi­
naries, trucks, vessels, boats, motorised boats, 
rafts, carts, cattle, ropes, chain or any other im­
plements, articles were used without his knowledge 
or connivance or abetment or as the case may be, 
without the knowledge or connivance or abetment 
of his servant or agent and that all reasonable and 
due precautions had been taken against the use of 
the object aforesaid for the commission of forest 
offence.” vj
A m e n d m e n t 9 . fn  the principal Regulation, for Section 49-A, 
4 9 — A .t!°n the following shall be substituted, nam ely:
r e T e Z s er r o  49-A. Any Forest Officer not below the rank' 
pe-rty s e iz e d  of a Forest Ranger, whose subordinate has seized 
t io ne 49Sec"a r iy tools, vehicles, trucks, vessels, rafts, machina- 
n ’ ries, boats, motorised boats cattle, ropes, chains or

any other implements, articles, etc. under Sec­
tion 49, may release the same on the execution by 
the owner or the person in-charge thereof of a bond 
for the production of the property so released if 
and when so required before the Magistrate having 
jurisdiction to try the offence or before any 
Authorised Officer whenever required fo x - the pur­
pose as mentioned under Section 49 to proceed 
ahead with the offence on account of which the 
seizure has been m ade:
Provided that whenever such release is made, 
the Officer releasing the property shall immediately 
make a report to the Authorised Officer describ­
ing the circumstances and the reasons for the 
release of the property to the claimant or the 
owner or the person in charge of the property.”
n " w  seed  °f P r in c iP&l Regulation, after Section
4 9 - p /  an°a 49-A, the following new sections shall be inserted 
4S— c .  respectively as Sections 49-B and 49-C, namely :
t 4 ;  ■ ■ V S '-'-
“ Review. 49-B. Any Forest Officer not below the rank of 
a Conservator of Forests specially empowered by 
the State Government in this behalf by notification 
in the Official Gazette may, suo-motu or on applica­
tion bv the aggrieved person call for and examine 
any record or any order under Section 49 (4) and 
may make such enquiry or cause such enquiry to 
ae made and may pass such order as he deems fit :
Provided that no order under this Section 
shall be made if in the meantime an appeal has 
oeen preferred under Section 49-C :
Provided further that no order prejudicial to 
_ n y person shall be passed without giving him a 
reasonable opportunity of being heard.
Appeajj 49-C. Any person aggrieved by an order under 
Section 49 (4) or Section 49-B may, within thirty 
days from the date of communication to him of 
such order prefer an appeal to the District Judge 
having jurisdiction over the area in which the

5 6 2 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 2, 1995
property has been seized and the D istrict Judge 
shall after giving a reasonable opportunity of being 
heard to the parties, pass such order either varying, 
confirming, modifying, annuling or setting aside the 
order appealed against and the order of the Court 
so passed shall be final,
v  ‘  '  1  < y  . . a , ; ;  . , -
Explanation : 1 ,
’ ’ '  ■  ’ ■
The time required for obtaining the certified 
copy of the order of confiscation or the order passed 
under Section 49-B shall be excluded while compu­
ting the period of th irty  days referred to in this 
Section.”
J -
A m endm ent 11. In th e principal Regulation, in Section 
ofSectionso s ^o p m a r ^ occurring at the last part
shall be substituted by a colon m ark and a proviso 
thereto as under shall be inserted, n a m e ly :
"Provided th at before passing any order for 
disposal of property, the M agistrate shall satisfy 
him self th at no intim ation under sub-section (5) 
of Section 49 has beer received by Kis Court or by 
any other Court having jurisdiction t* o  try  the 
offence on account of which the seizure of the 
property has been m ade.”
rfSeenf me?J 12. r ’ri'r :cipal Regulation, in Section 59,
ecion  ‘  -for the w ords” it m ay extend to two years or w ith 
fine or w ith both” occurring at the last part, the 
following shall be substituted, nam ely:
"W hich is not less than three years, and m ay 
extend to seven years or w ith fine which is not less 
than five thousand rupees or with both.”
Amendment. 1 3  Tn t h e  
of Section 62 „  ' , ,.
for sub-section 
■ t'e ti namely:
jst , : ” ...
p-Hncma] Regulation in Section 62 
(31 tbe following shall be substitu-
"(31 No Forest Officer shall be empowered 
under this section unless he is of the rank of an 
Assistant Conservator of Forests or above and the
 
I
THE ASSAM GAZETTE EXTRAORDINARY, MAY 2, 1995 563
sum of money accepted as compensation under sub­
section (1), clause (a) shall in no case exceed five 
thousand rupees.”
o f Section 64. 14. In the principal Regulation, in Section 64,
for the sub-section (1), the following shall be sub­
stituted, nam ely:
"(1) When any person is convicted of felling, 
cutting, girdling, marking, lopping or tapping trees 
or of injuring them by fire or otherwise in contra­
vention of this Regulation or of any rules there­
under, the convicting Court, may, in addition to 
the other punishment which it may award, order 
that person to pay to the State Government such 
compensation, not less than one thousand rupees 
for each tree with respect to which the offence was 
committed, as it may deem just.”
A m e n d m e n t. 15. In the principal Regulation, for Section 70, 
o f s e c t io n  7 0 . fo ]jo w in g shall be substituted, namely:
‘• in d e m n it y  70. f\jo  suit or criminal prosecution or other 
i^goodf^tulegal proceeding shall lie against any public servant 
or anything done in good faith or omitted to be 
done likewise under these Regulations or the rules 
or orders made thereunder.”
S g .  “ d 1 6 -  T h e  Assam Forest Regulation 0$™.^ 
(Amendment) Ordinance, 1994, is hereby N o . xi o f 
repealed:  1994-
Provided th rtf notwithstanding such repeal all 
orders made, action taken or notification issued or 
proceeding taken up shall be deemed to have been 
validly made or taken under the corresponding pro- 
evisions of this Act as if this Act came from the date 
the Ordinance came to force.
M. K. DEKA,
Joint Secy, and I/c Secy, to the 
Government of Assam, 
Legislative Department.
Guwahati:—Printed and published bv <he Dy. D recttr Directorate
of Ptr. &  S*v.. Assam, Guwahati-21 (Ex-Gazrtt?) No 189—  
740 400 2-5-1995.

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