LexThe Indian Forest Act, 1927
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this act•
•
GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENf
Act No. XVI of 1927
The Indian Forest Act, 1927
(bl its appllcation to the State of Mallarasldra)
( As modified up to the 10th May 1990)
J
Printed in India. by the Manager, Government Press and Book Depot, Nagpur and
Published by the Director, Government Printing, Publications and Stationay,
Maharashtra State, Bombay-400 004.
1990
•
[price Rs. 3-00]
fo/,,~ ~~- ~ ~,v\', o-k~is i.-\t-i1-.1 ~)~' ~ 21 fuJ--Clr)r•
a%~~)~~ .
TABLE OF CONTENTS
CHAPTERI
PRELIMINARY
~}~~)~
~ 1-< ... fr '3.Cf ~~t~ J~~ '
ais ,.
SOOTIONS. PAGE
1. Short title and extent 1
2. Interpretation clause 2
2A. Construction of certt>.in references to Central or Bombay Acts 3
CHAPfERil
OF RESERVED FORESTS
3. .Power to reserve forests . . 3
4. Notification by State Government 3
5. B..1.r of accrual of forest-rights . . 4
6. ProclamJltion by Forest Settlement Officer 4
7. Inquiry by Forest Settlement Officer 4
8. Powers of Forest Settlement Officer 4
9. Extinction of llights 4
10. Treatment of claims rcUing to practice of shifting cultivation 5
11. Powir to acquire land over which right is claimed 5
12. Orders on claims to rights of pasture or to forest produce 5
13. Record to be Illild• by Forest Settlement Officer - 6
1_4. Record where he admits claim 6
15. Exercise of rights admitted 6
16. Commutation of rights . . 6
17. Appe..'\l from order p.,.ssed under section 11, section 12, 6
section 15 or section 16.
18. Appe.:o.l under section 17 . . 7
19. Pleaders 7
20. Notification deciaring forest reserved 7
21. Publication of tre.nslation of such notifications in neighbour- 8
hood of forest.
22. Power to revise arr,mgemcnt m,i.de under section 15 or section 8
18.
23. No right acquired over reserved forest, except as here provided 8.
24. Rights not to be aliem,ted without sanction 8
25. Power to stop w.iys and w.1ter-courses in reserved forests 8
26. Acts prohibited in such forests . . 8
27. Power to declare forest no longer reserved 9
CHAPTER ID
OF VILLAGE FORESTS
28. Formation of village forests
A-1091-1.
IO
ii
CHAPTERIV
OF PROTECTED FORESTS
SECTIONS. PAGE .
,,
29.
30.
31.
32.
33.
34.
34A.
35.
36.
63A.
36B.
36C.
37.
38.
39.
40.
Protected Forests
Power to issue notification reserving trees, etc ...
Publication of translation of such notification in neighbour-
hood.
Power to make rules for protected forests
Penalties for acts in contravention of notification under section
30 or of rules under section 32.
Nothing in this Chapter to prohibit acts done in certain cases
,
CHAPTERV
OF THE CONTROL OVER FORESTS AND LANDS
NOT BEING THE PROPERTY OF GOVERNMENT
Interpretation
Protecti on of forests for special purposes
Po\\-er. to assume m:imi,gement of forests
Manner of serving notice and ord~r under section 36
Period of control ..
Termination of control ..
Expropriation of forest in certain cases
Protection of forests at request of owners
CHAPTER VI
OF THE DUTY ON THE TIMBER AND 0THER
FORESTS-PRODUC E
Power to impose duty on tim:ber and other forest produce
Limit not to apply to purchase-money or royalty
CHAPfERVII
OF THE CONTROL OF TIMBER AND OTHER
FORESTS-PRODUCE IN TRANSIT
10
10
11
11
11
12
12
12
14
14
14
14
1s·
15
15
16
41. Power to make rules to regulate transit of forest-produce 16
41A. Powers of Central Government as to movements of timber IS
across customs frontiers.
42. Penalty for breach of rules made under section 41 18
3.4 Government and Forest Officers not liable for danmge to 18
forest produce at depot. ·
44. All persons bound to aid in case of accidents at depot 18
CltAl'TERVJtt
OF THE COLLECTION OF DRIFT AND STRANDE D
TIMBER
SECIIONS. - . PAGH
45. Certain kinds of timber to be deemed property of Government 18
until title thereto proved, and may be collected accordingly.
46. Notice to claimants of drift timber 19
47. Procedur e on claim preferred· to such timber . . 19
48. Disposa l of unclaimed timber 19
49. Governme nt and its officers not liable for damage to such 19
timber.
50. Paym ents to be nmdc by claimant before timber is delivered 20
to him.
SI. Power to make rules and prescribed pen,ltics . . 20
CHAPTERIX
PENALTI ES AND PROCEDURE
52. Seizure of property liable to confiscation 20
. 53. Power to release property seized under section 52 21
54. Procedu re on receipt by Magistrt.tc of report of seizure 21
55. Forest-produ ce, tools, etc., when linblc to confisc,.tion 21
56. Disposal, on conclusion of trial for forest-offence, of produce 21
in respect of which it was committed.
57. Procedure when offender not known or Cf'.nnot be found 21
58. Procedure 1s to perishable property seized under section 52 21
59. Appeal from orders under section 55, section 56 or section 57 22
60. Property when to vest in Government 22
61. Saving of power to release property seized 22
61A. - Confiscation by Forest -Officers of forest-prbduce where forest - 22
offence i~ believed to have been committed.
61B. Issue of show-cause notice before con:fisc;,.tion under sectio n 23
61A.
61 C. Revisio n 23
61D. Appeal 23
61E. Award of confiscation not to interfere with other punishments 23
61F. Proper ty, etc. confisc;.,.ted when to vest in Governme nt 23
61 G . Bar of juri sdiction in certain case-s · 24
62. Puni shment for wrongful seizure 24
63. Penalt y for counterfeiting or defrcing mc1.rks on trees nnd tim- 24
ber and for altering boundary m,'l.rks.
64. Power to arrest withou t warrant 24
65. Power to release on 2 bond a Person :oirrestcd 25
65A. Cert ain offences to be non-baili.ble 25
66. Power to prevent commission of offence 25
67. Power to try offences summarily 25
68. Power to compound offences 26
69. Presumption that forest-produce belongs to Government 26
Sil
iv
CHAP'l'ERX
CA TILE -TRESPASS
SECI'IONS.
70. Cattle-trespass Act, 1871 ~ to apply
71. Power to alter fines fixed under that Act
CHAPTER XI
OF FOREST OFFICERS
26
26
72. State Government may invest Forest Officers with certain 27
powers.
73. Forest Officers deemed public servants 27
74. · Indemnity for acts done in good faith 27
75. Forest Officers not to trade 27
CHAPTER XU
SUBSIDIARY RULES
76. Additional powers to make rules
77. Penalties for breach of rules
78. Rules when to have force of law
79.
80.
80A.
81.
82.
83.
84.
85.
· 85A.
86.
CHAPTERXIlI
MISCELLANEOUS
Persons bound to assist Forest Officers and Police Officers
Management of forests, the joint property of Government
and other persons.
Power of Government to apply provisions of this Act to .
certain lands of Government or local authority.
Failure to perform service for w:1ich a share in produce of
Government forest is enjoyed.
Recovery of money due to Government
Lien on forest-produce for such money
Land required under this Act to be deemed to be needed for
a public purpose under the Land Acquisition Act, 1894.
Recovery of penalties due under bond ..
S.1ving for rights of Central Government
(Repeals)
THE SCHEDULE-Repealed.
27
28
28
28
29,
29
29
30
30
30
30
31
31
ACT No. XVI OF 19271
[TIIE INDIAN FORFST ACT, 1927]
[21st September 1927]
Amended by Act 26 of 1930.
" " " 3 of 1933.
Adapted and modified by the Government of India (Adaptation of Indian Laws)
Order, 1937.
Repealed in part by Act 2 of 1948 . .
Adapted and modified by the Indian Independence (Adaption of Central Acts
,nd Ordinances) Order, 1948.
Amended by Born. 62 of 1948.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Born. 23 of 1951.
" " " 2S of 1953.
" " " 24 of 1955.
" " " 10 of 1956.
" " " 17 of 1956.
Adapted and modified by the Adaptation of Laws (No. 3) Order, 1956.
Am.ended by :a<>m. 26 of 1957.
" " Mah. 6 of 1961.
" " " 15 of 1965.
" " " 27 of 1968.
" " " 29 of 1975 (30-8-1975)•
" " " 14 of1978 (26-4-1978).•
Amended by Mah. ·23 of 1984 (22-6-1984)
Ame•ded by Mah. 7 of 1985 (1-6-1985).
An Act to consolidate the law relating to forests, the transit of forest-produce aad the
duty leviable on timber and other forest-prodace.
WHEREAS it is expedient to consolidate the law relating to forests, the transit
of forest-produce and the duty leviable on timber and other . forest-produce; It i,
hereby enacted as follows :-
CHAPTER I
PRELIMINARY
1. Short title and extent.-0) This Act~y be called the Indian Forest Act. 1927.
2( (2) It extends to the whole of _India except the territories which, immediately
before the 1st November, 1956, were comprised in Part B States 3 [other than tbe
Hyderabad area of the State of Maharashtra].
(3) It applies to the territories which, immediately before the I st-November, 1956,
were comprised in the States of Bihar, Bombay, Coorg. Delhi, Madhya Prades.lt,
1 , For Statement of Objects and Reasons, see C.,~ette of India, 1926, Part V, p.165; and for
Report of Select Committee, see ibid, p. 242.
"· Sub-sections (2) and (3) were substituted by the Adaptation of Laws (No. 3) Order, 1956.
3, These words were added by Mah. 6 of 1961, s. 3 (i).
•Thia indicatos-the date of commencement of Act.
•
Jndl.n Forest ~ct. [ACT.XVI
Orrisa, Punjao, Uttar Pradesh and West Bengal; but the Government of any State
may by notification in•the Official Gazette bring this Act into force in the whole or
any specified part of that State fo which this Act extends and where it is not in force:]
1 [Provided that, on the commencement of the Indian Forest (Maharashtra Mah. vi
Unification and Amendment) Act, 1960, this Act shall be in force in the· Hyderabad or 1961.
area of the State of Maharashtra.]
·2. Interpretation c/ause.-In this Act, unless there is anything repugrui.nt in
the. subject or context,- ·
(/) "cattle" .. includes elephants, camels, buffaloes, horses, mares, gelding,
ponies, colts, fillies, mules, asses, pigs, rams·, ewes, sheep, lambs, goats and kids:
(2) "Forest-officer"· means any person whom2 ... the 3 [ 4 [State] Government]
or any officer empowered by2 .... the 3 [ 4 (State] Government] in thilJ behalf
may appoint to carry out.all or any of the purposes of this Act, or to do anything
required by this Act or any rule made thereunder to be done by a Forest-officer ;
(3) "forest offence'' means an offence punishable under this Act or under
any rule made thereunder ;
(4) "forest-produce" includes-
(a) the following whether found in, or brought from, a forest or not, this
is to say :-
timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish,
bark, lac, mahua flowers, mahua seeds 5[kuth] 6[apta and tembhurni leaves]
7[rosha grass 8 [including oil derived therefrom] , rauwolfia serpentina]
and myrobolans, and
(b) the following when found in, or brought from, a forest that is to say :
(i) trees and leaves, flowers and fruits, and all other parts or produce not
hereinbefore m~ntioned of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and
all parts or produce of such plants, ·
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and
wax and all other parts or produce of animals, and
(iv) peat, surface, soil, rock, and minerals (including limestone, Iaterite
mineral oils, and all products of mines or quarries) ; ·
9[ (4A) «owner" includes a Court of Wards in respect of property under the
superintendence or charge of such court ;] ·
10[ (4B) "Police Ofli::er" means a Police Officer as· defined in the Bombay :sri;, pn Police Act, 1951 ; · 0 5
(4C) "Revenue Officer" means .a Revenue Officer as defined 11[in the Maha-Mah- XLI
rashtra Land Revenue Co_de, 1966] ; or 1966.
1 • This proviso was added by Mah. 6 of 1961, s. 3 (ii).
a. The words "the Governor-General in Council, or" were omitted by the Qoyemmentor
India (Adaptation of Indian Laws) Order, 1937.
3. The words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indiu Laws) Order, 1937.
•· The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1!>50.
s. This word was inserted by s. 2 of the Indian Forest (Amendment) Act, 1930 (26 of 1933).
6. These words were inserted by Born. 24 of 1955, S. 2.
7. These words were inserted by Born. 17 of 1956, ii:. 2.
s. These words were inserted by Mah. 27 of 1963, s. 2.
9. This clause was inserted bys. 2 of the Indian Forest (Amendment) Act, 1938 (3 of 1938).
10. These clauses were inserted by Mah. 6of 1961, s.4.
11• These words were substituted ·by Mah. 7 of 1985, s. 2.
OF 1927] Indian Forest Act 3
(5) "river" includes any stream, canal, creek or other channels natural or
artificial ;
(6) "timber" includes trees when they have fallen or have been felled, and .
all wood whether cut up or fashioned or hallowed out for any purpose or not;
and
(7) "tree" includes palms, bamboos, stumps, brush-wood and canes.
1[ 2A. Construction of certain references to Central or Bombay Atts.-In the
applice.tion of this Act · to a ny area of the State of Mahan,.shtra other than the
Bombay area thereof, any reference to a provision of a Central or Bombay Aot
shall, where no such Act is in force in that area, be construed as a reference to the
provi sio n of the corresponding L'tw, if any, in force in that area. ].
CHAPTE:Q.11
OF RESERVED =FORESTS
3. Power to reserve forests.-The 2[3[St:ite] Government] may constitute 2.ny
forest-land or w.1ste-land wi1ich is the property of Government, or over which the
Government has proprietary rights, or to the whole or any p?..rt of the forest
produce of which the Government is entitled, a reserved forest in the manner here
inafter provided .
4. Notification by a[3[Stats] Government].-(/) Whenever it h2s been decided to
constitute any 12.nd a reserved forest, the 2[3[State] Government] ~h?.11 issue a notifi
cation in the 4[0.fficial Gazette]-
(a) declari ng that it has been decided, to constitute such land 'i reserved forest ;
(b) specifying, as nearly as possible, the situation and limi~s of such land ; and
(c) appointing an officer (hereinafter called "the Forest Settlement-officer")
to inquire into and determine the existe nce, nature and extent of any rights alleged
to exist in favour of any person in or over any land comprised within such limits
or in or over any forest-produce, and to deal with the same ?.s provided in this
Chapter.
Explanation.-For the purpose of clause (b), it shall be sufficient to describe the
limits of the forest roads, rivers, bridges or other well-known or readily intelligible
boundaries .
(2) The officer appointed under clause (c) of sub-se_ctio~ (/) shi:>.11 ordinarily be
a person not holding any forest-office except tlw.t of Forest Settlement-officer.
· (3) Nothing in this sectio n sh.'l.U prevent the 2[3[St.ll.te] Government] from appoint
ing any number of officers not exceeding thre e, not more than one of them sh1.ll be
a person holding a ny forest-office except rs 1forcsai d, to perform the duties ofa
Forest Settlement-officer under this Act.
1 • This section was inserted by Mah. 6of I 961, s. 5.
2 • The words "Provincial Governmen t" were subst ituted for the words "Local Government"
by the Government of India (Adaptation of Indi an Laws) Order, 1937.
3. The word "State' was sub~tituted for the word "Provinc ial" by the Adaptation of Laws Order, 1950. ·
•· These words were substituted for the words "local official gazette", ibid.
-4 Indian Fore,t Act [ACT XVI
5. Bar of accrual of fotest-rights.-After the issue of a notification under section
4. no right shall be acquired in or over the land comprised in such notification,
except by succession or under a grant or contract in writing made or entered in to
by or 1 [ on behalf of the 2[Government] or] some person in whom such right was
vested when the notifi~-tion was issued and no fresh clearings for cultivation or for
any other purpose shall be made in such land except in accordance with such rules
as may be made by the 3 [4[State] Government] in this behalf.
6. Proclamation by Forest Settlemenc-officer.-When a notification has been
issued under section 4. the Forest Settlement-officer sh"lll publish in tl'e local verna
cular in every town and village in the neighbourhood of the land comprised therein
a proclamation-
(a) specifying as nearl)' as possible, the situation -and limits of the proposed
forest ;
(b) explsining the consequences which as hereinafter provided will ensue on
the reservation of such forest; and
(c) fixing a period of not less than three months from the d'l e of such pro
clamation, and requiring every person claiming any right mentioned in section 4
or section 5 within such period either to present to the Forest Settlement-officer
written notice specifying or to appear before him and· state the nature of such right
and the amouqt and particufars of the compensation (if any) claimed in respoct
thereof.
1. Inquiry by Forest Settlement-officer.-The Forest Settlement-o~cer shall
take down in writing all statements made .under section 6, and shall at some convenient
place inquire into all claims duly preferred under that section. and the
existence of any rights mentioned in section 4 or sectio _n 5 and not claimed undet
section 6 so far as the same may be ascertainable from the records of Government
and the evidence of any persons likely to be acquainted with the same.
8. Powers of Forest Settlement-officer.-For the purpose of such inquiry, the
Forest Settlement-officer may exercise the following powers, that is to say :-
(a) power to enter, by himself or any officer authorised by him for the purpose.
upon any land, and to survey, dem,1.rc..".te and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
9. Extinction of Rights.-Rights in respect of which no clzim has been pre
ferred under section 6. i:-.nd of the existence of which no knowledge has been
acquired by inquiry under section 7, shall be extinguished, unless before the noti
fication under section 20 is published, the person claiming them satisfies the Forest
Settlement-officer that he hr..d sufficient cause for not preferring such cJrim within
the period fixed under section 6.
1 These words were substituted for the words "on behalf of Government" by the Government
of India (Adaptation of Indian Laws) Order, 1937. •
2 • The word "Government'· was substituted for the word "Crown" by the Adaptation of Laws· Order, 1950.
3. The words, "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937.
•· The word "State" was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950-
OF 1927] Indian Fore1.t Act,
10. Tteatment of claims relating to practice of $hifting cultiYatio11,-rll) IJt. the
case of a cl;Lim relating to the practi~ of shifting cultivation, the ·Forest Settlem(;:nt
officer shall record a statement setting forth the particulars of the claim and of ~ny
local rule or order under which the practice is allowed or regulated, and submit
the statement to the 1[2[State] Government,] together with his opinion as to whether
the·practice should be permitted or prohibited wholly or in part. .
(2) On receipt of the statement and opinion, the 1 [2[State] Gov~rnment] may
make an order permitting or prohibiting the practice wholly or in part. '-· · .-
(3) If such practice is permitted wholly or in part, the Forest Settkm.e~t~Q-fij,cer
may arrange for its exetcise-
I of
1894.
(a) by altering the limits of the land unde_r settlement so as to exclude laqd of
sufficient extent, of a suitable kind, and ia a locality , .re,asona.bly conveiiienf(or
the purposes of the claima.nts, . or .• -. _ .-
(b) by causing certain portion of the land under settlement to be sepantely
demarcated , and giving perm ission to the claimants to practice shifting cultivation -
therein under such conditions as he may prescribe. _ ·.
(4) All arrangements made under sub-section (3) shall be subject to the previous
sanction of the 1[2[State] Government]. · ... - ·
(5) The practice of s.hiftiog cultiv'.ltion shall in all cases be deemed ~ p~ivilege
subject to control, restriction and abo lition by the 1[2[State] Gover_nment]. _
, \ .: ..
11. Power to acquire land over which right is claimea.-{I) In the case of a ·oJaim
to ·a right in or over a ny land, other than a -right·or w',iy or right of p:istl.ire, ·or a right
to forest-produce or a water co-urse; tlie 'Forest Settle ment~officer s.haU pass ·an
order Bdmitting or rejecting the same in whole or in part. _
(2) If such claim is admitted in whole or 'in part, th~ Forest Setdemerit-officer
shall either- _ . .
(i) exclude such.land from the limits of the proposed fo.resi ; or' . . . . , . :
(ii) come tQ ·an agreement with the owner thereof fpr the surren<I:e(of his rights;
or .. _
(iii) proceed to acquire such land in the m.,"lnner provided by tlie Lirid Acqui- .
sition Act •. 1894. . . .
(3) For the purpose of acquiring . such lai;id- _ _ . , . _ _ . .
I of
1894
(a) the Forest Settlement-o~~: shall be deemed to be_ a . ~llec~or prq~
ing under the I.and Acqu1s1t.1on Act, 1894 ;
(b) the claimant shall be deemed to be a person interested ai;id appearing _ before
him in pursuance of a notice given under seetion 9 of.that Act ; .•
(c) the provisjons o( the preceding sections of that f\ct ~hall be deem~~ to._have
tieen complied with; and . . . , ,. . -
(d) the Collector. with the consent oftlie claimant, or the Court, wfrh the 'con
sent of both parties may award compensation in land, or ,partly in l~_nd and partly
in money. . · _ · . · -_ · ".:·,-·• .. . , ·- _ ,
.,.; • ... l •
12. Orders on claims to righ~s of pas.tur_e 9r to forest-prodiice.-:-3[' (1) J · I* t~e
case of a claim to rights of pasture or to forest-produce; the· Forest Settlemerit
officer shall pass an order admitting or rejecting the same in whole or_ in part. '
4( (2) A copy ot the order passed under -sub-sectio11 (I) shall 6~ _furniih~<f;t,<?-t~e
claimants by the Forest Settlement-officer, and anothe r copy of that order shall
be forwarded to th~ :i:?rest Officer who attended th~ in~uiry ~r,_ if no s~ch o.fficer
atte nded, to the D1vtS1onal Forest ·Officer:1 ..
, The-words "Provincial Government" were substituted for the words "Local Government"
by the Government of India (Adaptation of In,dian Laws) Order, 1937 . .
2. The word'" State•: ,,.-as ·substituted . for .the wo~d · "Provincial" by. the {\daptation 'of Laws
Orde r, J9jO; ' ' • -· · · - ·· ' ·
. . 3. Section 12 was-r.c-numbered as sub-section (J) of that section by Mah. 6 of J 961, s.' 6. . ,.
4. This sub-section was added, ibid.
A•I091-2,
. '
6 Indian Forut A.ct . [ ACT XVI
ll. Recor.// to be mad4 by Forest Settlement-officer.-The Forest Settlement- ·
officer when passing any order under section 12, shall record, so far as may be
practicable,- ·
(a) the name, father's name, caste, residence and occupation of the person
· claiming the right ; and
(b) the designation, position and area of all fields or groups of fields (if any),
and the designation and position of all buildings (if any), in respect of which the
exercise of such rights is claimed.
14. Record where .he admits claim.-If the Forest Settlement-officer admits in
wbdle or in part any claim under section 12, he shall also record the extent to
which the claim is so admitted, specifying the number and description of the
cattle which the claimant is from time to time entitled to graze in the forest, the
&ea.son during which such pasture is permitted, the quantity of timber and other
forest-produce which is from time to time authorised to take or receive. any such
other particulars as the case may require. He shall also record whether the
timber or other forest-produce obtained by the exercise of the rights claimed
may be sold or bartered . ·
15. Exercise of rights admitted.-(]) After making such record, the Forest
Settlement-officer shaU, to the best of his ability, and ha:ving due regard to the
maintenance of the reserved forest in respect of which the claim is made, pass
aucb orders as well ensure the continued exercise of the rights so admitted.
(2) For this pu~ose the Forest Settlement-officer may-
(a) set out some other forest-tract of sufficient extent,and ina locality reasonably
convenient, for the purposes of such claimants, and record an order conferring
upon them a right of pasture or to forest-produce (as the case may be) to. the
extent so admitted ; or
(b) so alter the limits of the proposed forest as to exclude forest land of
sufficient extent, and in a locality reasonably convenient, for the purposes of
the claimants ; or ·
(c) record an order, continuing to such claimants a right of pasture or to
forest-produce, as the case may be, to the extent so admitted, a~ soch reasons,
within such portions of the proposed forest, and under such rules, as may be
made in this behalf by the 1[2[State] Government].
16. Commutation of rights.-In case the Forest Settlement-officer finds it
· impossible, having due regard to the maintenance of the reserved forest to make
such settlement under section 15 as shall ensure the continued exercise of the
saiid rights to the extent so admitted, he shall, subject to.such rules as the 1[2[State]
Government] may make in this behalf, commute such rights, by the payment to
such persons of a sum of money in lieu thereof, or by the grant of land, or in such
other manner as he thinks fit.
11. Appeal from order passed under s~ction 11, section 12, section· 15 or
Mclion 16.-Any person who has made a claim under this Act, or any Forest
•. Tbe words "Provincial Government" .were substitutod for .the .words ·" Local Oovcrnmcet"
by tbe Government of India (Adaptation of Iaiian Laws) Order, 1937.
a.. The word "State" was substituted for the word "Provinciaf' by U1e Adaptation of Laws
Order, _ 1950. ·
OF 1927] Indian Forest Act
officer or other person generally or specially empowered by the '[ZrStlte] Govern
ment] in this behalf, may, within three months from the date of the order passed
on such claim by the Forest Settlement-officer under section 11, section 12, section
15 or section 16, prei;ent an appeal from such order to such officer of the Revenue
Department, of rnnk not lower than that ofa Collector, a!> t.he •[2[StateJ Govern
ment] may, by notificati9n in the 3(O.fficial Gazette], appoint to hear appeals
from such orders :
Provided that the 1[2[State] Government] may establish a Court (hereinafter
called the " Forest Court ") composed of three persons tc be appointed by the
1[2[gtate] Government]' and when the Forest Court has been so established, all
such apper,.ls, shall be presented to it.
18. Appeal under section 17.-(1) Every appeal under section 17 shall be
made by petition in writing , and m;,.y be delivered to the Forest Settlement-officer,
who shall forwdrd it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17. it shall be heard
in the manner prescribed for the time being for the hearing of appeals in matter
relatieg to land-revenue.
(3) If the appeal be to the forest Court, the Court shaU fix a day and a con
venient place in the neighbourhood of the proposed forest for hearing the appeal,
and shii.11 give notice th~reof to the parties, and shaJI hear such appeal according]y.
(4) The order passed oo the appe:ll by such officer, or Court, or by the majority
of the members of such Court as_ the c:i..se rw.y be, shall subject only to revision
by the 1(2[State] Government], b::: foul.
19. Pleaders.-The 1[2[State] Government] , or any person who bas made
a claim under this Act, may 8.ppoint any person to appear, ple.."1d and act oe its
or his b~half before the Forest Settlement-officer, or the appellate officer or
Comi, in the cour se of any inquiry or appeal under this Act.
20. Notification declaring forest reserved.-(]) When the following events have
occurred, nilmcly :-
. (a) the period fixed under section 6 for preferring claims has elapsed, and all
claims, if any, made under that section or section 9 have been dispqsed of by the
Forest Settlement-officer ;
(b) if any such claims have been made; the period limited by section 17 for
appealing from the orders passed on such claims has elapsed, and all appeals
(if any) , presented within such period have been disposed of by the appellate
officer or Court ; and •
(c) all lands (if any), to be included in the proposed forest, which the Forest
1 of Settlement-officer has, under section 11, elected to acquire under the Land Acqui-
1894. sition Act, 1894, have become vested in the Government under section 16 .of
that Act, ·
the 1[2[State] Government] shall publish a notification in the 3 [O/ficial Gazette},
spec·fying definitely, according to boundary-marks erected or otherwisei the limit
of the . forest which is to be reserved, and declaring the same to· be reserved from
a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest.
1 • The words "Prov•ncial Government" were.substituted for the wordt> "~ Govemmoot"
by the Government of India (Adaptation oflndian Laws) Order, 1937, ·
2 • The word "State" was substituted for the word ''Provincial" by the Adaptation of Laws
Order, 1950. . ·
J. Th;,se words were substituted for the words "L0cal Official Gazette" 'by the Qoverflll\ent of
India (Adaptation of Indian LawsJ Order; l937.
"
..
8 ln'dian Fo;est Act [ACT XV .
,'21'~· · Pu~licati-;n of translation of such notifications in neighbourhood of forrst.
Tlif·Foiest-officer :s~Il, before the date fixed by such notification, cause a transla
t'i6n th~reof iqto the focal vernacu lar to be published in every town and villag& in
the)ie igh6ourhood of the forest. .
··,22.- .Power to revise .ar.rangement made un,der section //j or section /8.-The
1 [2(Stiite] Government] may, within five )eus from the public.?.tion of any notifi
cation unqer section 20, revise any arrangement made under section 15 or section
18 .• and' n;i.ay for this purpose rescind or modify any order made under section 15 or
&"ectio:b., 18, and direct that any one of the proceedings specified in sectio n 15 be
taken in lieu _of any·'other of such proce edings, ◊r that the rights admitted under
section 12 be commuted under section 16.
,., ·23J No fight acquired over reserved forest except as here provided.-No right of
~yid~cription s,h.a]l ~ acquired in or over ti. reser".ed forest except by succession
und~,a. grant or contract in writing made ·b.v or 3f on behalf oftbe 4[Government]
qr}.seme persoo in whom such .right was vestcp when the notification under section
1() -~~s iss i,ed., . · ·
24: Rights not to be alienated witlzqut sanctiotz.-(1) Notwithstanding anything
contained 'in section ,23 no right continued under clause (c) of sub-secti on (Z) of
section 1$ shall boa! ;,tlifnated by w,,y of grant, sale, le<'.se, mortg<'.gc or otherwise
wi$out the sanct,ion of the 1[2[Statcl , Government]: ,
•·, Provided that when any such right is appemfant to any land or house it mr.y be
,sold or other.wise alien::i.ted with such land or liouse.
(2) No timber or other forest -produce obtained in exercise of ;tny such right
shall be sold or b.1rtered except to such extent ?.s m;.>.y have been admitted in the
erder recorded · under -section 14.
; • ~ ... , .,1 • • L
, . 25., : Power .to• stop ways and water courses in reserved forests.-Tbe forciit-officer
may with the previous si:.nction of the 1 [2[St?.te] Governm ent] or of any officer duly
authorised by it in this behalf, stop any ·public or priV1.te wa.y or w11.ter-cotirse in
a ,res~ived .forest provided that a substitute ·for the way or w,.>.ter-course so stopped
which the 1(21:State] Government] deems to be reasonably convenient 1:1lrer.dy
,e~sts or .h?-S b.een provided or constructed by the Forest-officer in lieu thereof.
', · ~- ':Ac~ p;ohibited in su;k fo;ests.-{i) Any person v.ho-
(a) makes any fresh clearing prohibited by sect ion 5 or
-~ 1[(b) sets 1ire 'to a reserved forest or to proposed forest in land in respect of
·, ·W}lich a ·11oti:tie?.tion declaring tte decision of the · Stat_e Government to con
. stitute it :t reserved forest has been issued under section 4 0r in contravention of
any rules m'ide by the State Government in thi:, behalf kindles in such forest
! · •any fire or leaves any ,fire burning , in such manner as to end, nger such a forest;
., , or whJ, in a reserved forest or a proposed forest in land notified as aforesaid
1 under• section 4 ; ]' · • ' · · , ·
(c) kindles, keeps· or carries a.ny fire except at such seasons as the forest-officer
, _ :n,ay notify in thi~ behalf ; . . . :
;· \ • : 1 (d) tresp1sses or p,istu.res cattle, or p~rmits cattle to trespass ;
. /'. (e) -~Mes. any c!-.am~.ge by_ negligence fo felling any tree or cutting or dragging
··- any timber ; ·
.--'· The word$. "Provinc ial Government" were $ubstituted for the words "Local Government"
i,y· the Government of India .(Adaptation of Indian Laws) Order, 1937. -
a: The ,?'()rd "State ~ was substituted for the ~rd "Provincial" by" the Adaptation of Laws drder, 1950. . , .
3. These words were su bstitu~ed for the words "on behalf of Government" by the Government of
· . -Jndia -(A-dap'tation'of Indian Laws) · Order, 193"7. · ·
4. The word "Governm~nt" was substituted for the word "Crown" by the Adaptation of Laws
-,, ,O_r(\er;19,50.· ... • • . ,
s. This Portion was substituted for the original by.Mah. 6 of 19.6J. S. 7 (i).
OF 1927] .Indian Forest Act 9
(/) fells, girdles,-lops, taps or burns any tree or strips off the bark or leaves from,
or otherwise damages, the same;
(g) quarries stone, burns lime or· charcoal, or collects, s,uhjects to any manu
facturing process, or removes, any forest-produce ;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the . 1[ 2[State] Govern
ment] bunts, shoot_s, fishes, poisons water or sets traps or snares; or ·
U) in any area in which the Elephants Preservation Act, 1879 is not in force,
kills or e<1.tches elephants in contravention of any rules so made ;
shall IBe· punisrui.hle with imprisonment for a term which may ex:tend to 3[onc year
or with fine which may extend to two thousand rupees], or v..ith both, in addition to
such compensation for damage done to the forest as the conviGting Court may direct
to b~ paid. ·
(2) Nothing in this section sha ll be deemed to prohibit -
(a) any a ct done by permission in writing of the Forest -Officer or under ~.ny
rule made by the 1 [ 2(State] Government]; or · .
(b) the exercise of any right conti_nued under clause (c) of sub-sectio n (2) of
section 15, or cre:-,ted by grnnt or contract in writing made by or 4[on behalf of
the 5[Government]] _under section 23. ·
(3) Whenever fire -is c;:iused wilfully or by gross negligence in a reserved forest
the 1 [. Z[St1.teJ Government] may (notwithstanding that .any pena.lty has_ been inflicted
under ttis section) direct that in such forest or ?.ny portion thereof the exercise of
all rights of pasture or to forest produce shall be suspended for such. period as it
thinks fit. ·
6 [ (4) Where a person is convicted under clause (d) or (h) of sub-sect ion(/)
(a) a Forest Officer not below the rank of a Ranger, or
(b) a Police Officer not below ··the rank of n Suh-Inspector, or
(c) a Revenue Officer not b<!low the rank of a Mahalkari or Tahsild'lr, may
evict him from the forest or land inrel:>.tion to which he has committed the offence.]
X,. Power to declare forest no longer reserved.-(/) The 1[ 2[State] Govern
ment] may, 7• • • by· notification in the 8 [0.fficial Gazette], direct that, from a date
fixed by such notific?tion, anY. forest or r.ny portion thereof reserved under this
Act . srui.U cease to be a reserved forest.
(2) Fro~ the dat~ so fixed such f~rest_ or ,portiOJ? shall cease to_~ reserved; but
the rights (if an~) which have been ext1~gu1shed therein shall not revtve ID consequence
of. such cessatton.
r. The words "Provincial Governme:1t" were substituted for the words "Local Government"
by the Governmen t of India (Adaptation of Indian Laws) Order, 1937.
2. The word "State" was substituted for the word "Provincial" by the Adaptation of Law
Order, 1950.
3. The words were substituted for the words " six months or with fine which may extend to
five hundred rupees" by Mah. 7 of 1985, s. 3.
4. These words were substituted for the words "on behalf of Government by the Government of
India (Adaptation of Indian Laws) Order, 1937. ·
s. The word "Government" was substituted for the word ''Crown" by the Adaptation of Laws
Order, 1950.
6. This sub -section was inserted by Mah. 6 of 1961, s. 7 (ii).
7 The· words "subject to the control of the Governor-General in Council" were omitted by the
Governr er\t of India (Adaptation of Indian Laws) Order, 1937.
s. These words were substituted for the words• 'Local Official Gazette", ibid.
JO Indian Forest Act [ACT XVI
CHAPfERID
OF VILLAGE FOI{ESTS
28. Formation of vi/lage-forests.-(_l) The 1[ 2 [State] Government] may assign
to any village-community 3·[ village panchay<1t established under 4[the Bombay Bom. III
Village Panchayt>ts Act, 1958.], or co-operative society registered or deemed to be iVt5lxiv
re&istered under 5[thc Maharashtra ~o-operative Societi_cs Act; 1960,] [the rights of 0 / 1961•
GovernmeBt to or over any land which bas been constltuted a reserved forest 6[or
called a protected forest,] and may cancel such 1.ssignmcnt. All forests so assigned
shall be called village-forests.
(Z) Tbe 1 [ 2 [Statc] Governme nt] may" make rules for regulating the man,-..gement
of village-forests, prescribing the cond itions under wi1ich the community 7[ Pancha
yat or society] to which any such assignment is mRde may be provided with timber
or other forest-produce or pasture, and their dutie s for the protection and impr'oTe-
ment of such forest. .
(3) All the provisions of tl1is Act relating to reserved 8 [or protected] forests shall
(so far as they a1 c not incon sistent witl1 the rules so made) apply to vilL'lge-forests
9[,i.ccording as the forests assigned are reserved or protected forests.]
CHAPTERIV
OF PROTECTED FORESTS
29. Protectedforestr -(1) The 1[ 2[State] Governm ent] may, by notiflcation
iii the 10[ Official Gazette] declare the pro·.,ision of this Chapter applicable to any
forest-land or waste-land which is not included in a reserved forest, but which is
the property of Government , or over which the Goven:unent has proprietary rights,
or to the whole or any part of the forest-produc e of which the Government is entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be
called a "protec ted forest".
(3) No such notificatio n sfodl be m?de unless tl:e m.ture and extent of the rights
of Government and of private persons in or over the forest-land or waste-land
comprisrd therein h2.ve been inqu ired into and recorded at a survey or settlement,
or in such other manner ii.s the 1[ 2[State] Governmen t] thinks sufficient. Every
such record shall be presumed to be correct ~ntil the contrary is proved :
Provided that if, in the ;:,.se of .any forest-land or waste-)<1.nd, the 1 [ 2 [State]
Govern men~] thinks Lhit such inquiry and record are necess<1ry but that they will
occupy such length of time .:s in the mean time to endanger the rights ot Govern
ment, the I [ 2[State] Gove1nment] may, pending such inquiry and reco1d, c.ecla1·c
such land to be a protected forest, but so as not to r.bridgc c,r affect any existing
riihts of individud s or communities.
30. Power to issue. notification reserving trees, etc.-The 1 [ 2[State] Govern
ment] m&y, by notificati on in the 10[ Official Gazette]-·
(a) declare any trees or class of trees in a protected forest to te rcservccl from
a date fixed by t~e · notification ;
'· The words ''Provincial Government" were sub,tituted for the words "Local Government"
by the Government of India (Adaptation of Indian Laws) Order, 1937 .
• 2 • The word "State" was substituted for the word "Provinc.-al" by the _Adaptatiop of Laws
Order, 1950.
J These words and figures were inserted by Born. 24 of 1955, s. 3.
4. These words and figures were substituted for the words and figures "theBombay Village
and Panchayats Act, 1933" by Mah. 7 of J 985, s. 4 (a).
S. These words and figures were subst ituted for the words and figures "the Bombay Co-operative
Societies Act, 1925", ibid, s. 4 (b).
6 The words were inserted by Bom. 62 of 1948, s. 2 (i).
7. These words were inserted by Born. 24 ot 1955, s. 3.
8. These words were inserted by Born. 62 of 1948, s. 2 (ii) (a).
9. These wor<;ls were inserted, ibid. s. 2 (ii) (b).
10 These words were substituted for the words "Local Official Gazette", by the Government of
India (Adaptau90 of Indian Laws) Order , 1937.
OF 1927) Indian ForeJt Act 11
(b) declare that any portion of such forest specified in the notification shall be
closed for such term, not exceeding thirty years, as the 1[ 2[State] Gover.nm1nt]
thinks fit, and that rights of private persons, if any, over such portion 1hall 9C
suspended during such term, provided that the remainder of 111ch foret1t be
sufficient, and in a locality reasonably convenient, for due exercise of the ri~t
suspended in the portion so closed ; or
(c) prohibit, -froma date fixed as aforesaid, the quarring of stone, or the burain&
of lime or charcoal , or the collection or subjection to any manufacturing proeesi,
or removal of, any forest-produce in any such forest, and the breakiag up or clear
ing for cultivation, for building, for herding cattle or for any other purpose, or any
land in any such forest.
31. Publication of translation of such notification in neighbourhood.-The Colle~tor
shall cause a translation -into the local vern<1cular of every notification issued under
section 30 to be affixed in a conspicuous place in every town and village ia the
neighbourhood of the forest comprised in th~ notification.
32. Power to make rules for protected forests.-The 1( 2[StateJ Government]
may make rules to regulate the following rn..atters, namely :-
(a) the cutting, sawing, conversion and removal of trees and timber, and the
colJection, manufactur• and. removal of forest-produce, from protected foresti ;
(b) the granting of licences to the inhabitants of towns and villages in the vicinity
of protected forests to take trees, timber or other forest-produce for their own use,
and tiie production and return of such licences by such person ;
(c) the granting of licences to persons felling or removing trees or timber or
other forest-produce from such forest~ for the purposes of trade, and the pro
duction and return of such licences by such persons ;
(d) the payments, if any to be mad,e by the persons mentioned in clauses (b)
and (c) for permission to cut such trees, or to collect and remove such timber
or other forest-produce ; ·
(e) the other p~yments, if any. to be made by them in respect of such trees,
timber and produce, and the places where such payment shall be made ;
(f) the examination of forest-produce passing out of such forests ;
(g) the clearing and breaking up of land for cultivation or other purposes
in such forests ; .
(h), the protection from fire of timber lying in such forests and of trees reserved
under section 30 ; •
0) the cutting of grass and pasturing of cattle in such forests ;
U) hunting, shooting, fishing, poisoning water and setting traps or snares in
such foresu, and the kilJing or catching of elephants in such forests in areas iB
which the Elephants Preservation Act. 1879 is not in force ;
(k) the protection and management of any portion of a forest closed under
section 30 ; and
(/) the exercise of rights referred to in section 29.
33. Penalties for acts in contravention of notification under section 30 or of i:Ules
under section 32.-(1) Any person who commits any of ttc followini offences,
namely :-
(a) fells, girdles, lopes, ·taps or burns any tree reserved under · sectio11 30, or
strips off the bark or leaves from, or otherwise damages, any such tree ;
(b) contrary to any prohibition under section 30, quarries any st.one or bun1s
any lime or charcoal, or collects, subjects to any manufacturin1 process, or
removes any forest-produce ; ·
(c) contrary to any prohibition under section 30, breaks t1p or cleah for
cultivation or any other purpose any land in any protected forest ;
1. The words "Proviacial Government" were substituted for the wordsExcerpt shown. Open the full act in Lexace.