The Himachal Pradesh Preservation of Forests and Maintenance of Supplies of Forest Based Essential Commodities Act, 1984

THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND 
MAINTENANCE OF SUPPLIES OF FOREST BASED ESSENTIAL 
COMMODITIES ACT, 1984 
ARRANGEMENT OF SECTIONS 
Sections: 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power to make orders detaining certain persons. 
4. Execution of detention orders. 
5. Powers to regulate place and conditions of detention. 
6. Detention orders not to be invalid or inoperative on certain.  
7. Powers in relation to absconding persons. 
8. Grounds of order of detention to be disclosed to persons 
affected by the orders. 
9. Constitution of Advisory Board. 
10. Reference to Advisory Board. 
11. Procedure of Advisory Board. 
12. Action upon the report of Advisory Board. 
13. Maximum period of detention. 
14. Revocation of detention orders. 
15. Temporary release of persons detained. 
16. Protection of action taken in good faith. 
17. Repeal and savings. 
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2 THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND MAINTENANCE OF 
SUPPLIES OF FOREST BASED ESSEN TIAL COMMODITIES ACT, 1984 
THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND 
MAINTENANCE OF SUPPLIES OF FOREST BASED ESSENTIAL 
COMMODITIES ACT, 1984 
(ACT NO. 22 OF 1984)1 
(Received the assent of the President on the 20th October, 1984 and 
was published in Hindi in the Rajpatra, Himachal Pradesh (Extra-ordinary), 
dated 22nd October, 1984 p. 1795-1802 and in English in the Rajpatra, 
Himachal Pradesh (Extra-ordinary, dated 8th July, 1985, pp. 1035-1039.  
An Act to provide for preventive detention in certain cases for the 
purpose of preservation of forests in the State of Himachal 
Pradesh, and maintenance of supplies in forest-based 
commodities essential to the community and for matters 
connected therewith. 
BE it enacted by the Legislative Assembly of Himachal Pradesh in the 
Thirty-fifth Year of the Republic of India as follows: 
1. Short title, extent and commencement.- (1)This Act may be 
called the Himachal Pradesh Preservation of Forests and Maintenance of 
Supplies of Forest Based Essential Commodities Act, 1984. 
(2) It extends to the whole of the State of Himachal Pradesh. 
(3) It shall and shall be deemed to have come into force on the 27th 
day of June, 1984. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(a) "Board" means the Advisory Board constituted under section 
9; 
(b) "detention order" means order made under section 3; 
(c) "High Court" means the High Court of Himachal Pradesh; 
(d) "forest produce" has the meaning assigned to it in clause (4) 
of section 2 of the Indian Forest Act, 1927 (16 of 1927); and 
(e) all other words and expressions used, but not defined in this 
Act and defined in the Indian Forest Act, 1927 (16 of 1927), 
shall have the meanings respectively assigned to them in that 
Act. 
3. Power to make orders detaining certain persons.- The State 
Government may, if satisfied with respect to any person that with a view to 
preserving him from action in any manner prejudicial to the prevention of the 
forests in the State and the maintenance of the forest-based supplies and 
services essential to the community and for matters connected therewith, it is 
necessary so to do, make an order directing that such person be detained. 
                                                           
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh on the 12th September, 
1984, pp. 1571 and 1578. 
THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND MAINTENANCE OF       3 
SUPPLIES OF FOREST BASED ESSEN TIAL COMMODITIES ACT, 1984  
Explanation: For the purposes of this section, the expression "acting" 
in any manner prejudicial to the preservation of the forests in the State and 
maintenance of forest-based supplies of commodities essential to the 
community and matters connected therewith means,- 
(a)  committing or abetting or instigating any person to commit, 
any offence punishable under the Indian Forest Act, 1927 (16 
of 1927), the Himachal Pradesh Land Preservation Act, 1978 
(28 of 1978), the Himachal Pradesh Resin and Resin Products 
(Regulation of Trade) Act 1981 (6 of 1981), or the Himachal 
Pradesh Forest Produce (Regulation of Trade) Act, 1982 (5 of 
1982), or under any other law for the time being in force, 
relating to the control, acquisition, supply or distribution of, 
or trade and commerce in, any forest produce; or 
(b) dealing in forest produce with a view to making gain in any 
manner in which may directly or indirectly defeat or tend to 
defeat the enactments as are referred to in clause (a). 
4. Execution of detention orders.- A detention order may be 
executed at any place in India in the manner provided for the execution of 
warrants of arrests under the Code of Criminal Procedure, 1973 (2 of 1974). 
5. Powers to regulate place and conditions of detention.- Every 
person in respect of whom a detention order has been made shall be liable,- 
(a) to be detained in such place and under such conditions 
including conditions as to maintenance, discipline, and 
punishment for breaches of discipline, as the State 
Government may, by general or special order, specify; and  
(b) to be removed from one place of detention to another place of 
detention, whether within the State or outside the State by 
order of the State Government: 
Provided that no order shall be made by the State Government under 
clause (b) for the removal of a person to a place outside the State, except with 
the consent of the State Government in which the place to which the person is 
to be removed is situated. 
6. Detention orders not to be invalid or inoperative on certain 
grounds.- No detention order shall be invalid or inoperative merely by 
reason,- 
(a) that the person to be detained thereunder is outside the limits 
of the territorial jurisdiction of the State Government or of the 
officer making the order; or 
(b) that the place of detention of such person is outside the said 
limits. 
7. Powers in relation to absconding persons.- (1) If the State 
Government has reason to believe that a person in respect of whom a 
4 THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND MAINTENANCE OF 
SUPPLIES OF FOREST BASED ESSEN TIAL COMMODITIES ACT, 1984 
detention order has been made had absconded or is concealing himself so that 
the order cannot be executed, the State Government may,- 
(a) make a report in writing of the fact to a Judicial Magistrate of 
the first class having jurisdiction in the place where the said 
person ordinarily resides; or 
(b) by order notified in the Official Gazette direct the said person 
to appear before such officer, at such place and within such 
period as may be specified in the order. 
(2) Upon the making of a report against any person under clause (a) of 
subsection (1), the provisions of sections 82, 83, 84 and 85 of the Code of 
Criminal Procedure, 1973 (2 of 1974) shall apply in respect of such person 
and his property as if the detention order made against him were a warrant 
issued by the Magistrate. 
(3) If any person fails to comply with an order issued under clause (b) 
of sub-section (1) he shall, unless he proves that it was not possible for him to 
comply therewith and that he had, within the period specified in the order, 
informed the officer mentioned in the order of the reason which rendered 
compliance therewith impossible and of his whereabouts, be punishable with 
imprisonment for a term which may extend to one year, or with fine, or with 
both. 
(4) Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973 (2 of 1974), every offence under sub-section (3) shall be 
cognizable. 
8. Grounds of order of detention to be disclosed to persons 
affected by the orders.- (1) When a person is detained in pursuance of a 
detention order, the authority making the order shall, as soon as may be, but 
ordinarily not later than five days and in exceptional circumstances and for 
reasons to be recorded in writing, not later than ten days from the date of 
detection, communicate to him the grounds on which the order has been made 
and shall afford him the earliest opportunity of making a representation 
against the order to the State Government. 
(2) Nothing in subsection (1) shall require the authority to disclose the 
facts which it considers to be against the public interest to disclose. 
9. Constitution of Advisory Board.- (1) The State Government shall, 
whenever necessary, constitute one or more Advisory Boards for the purposes 
of this Act. 
(2) Every such Board shall consist of three persons who are or have 
been or are qualified to be appointed as, Judges of a High Court, and such 
persons shall be appointed by the State Government. 
(3) The State Government shall appoint one of the members of the 
Advisory Board who is, or has been, a Judge of a High Court to be its 
Chairman. 
THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND MAINTENANCE OF       5 
SUPPLIES OF FOREST BASED ESSEN TIAL COMMODITIES ACT, 1984  
10. Reference to Advisory Board.- Save as otherwise expressly 
provided in this Act, in every case where a detention order has been made 
under this Act, the State Government shall, within four weeks, from the date 
of detention of a person under the order, place before the Advisory Board, 
constituted by it under section 9, the grounds on which the order has been 
made and the representation, if any, made by the person affected by the order. 
11. Procedure of Advisory Board.- (1) The Advisory Board shall, 
after considering the materials placed before it and, after calling for such 
further information as it may deem necessary from the State Government or 
from any person called for the purpose through the State Government or from 
the person concerned, and if in any particular case, it considers it essential so 
to do or if the person concerned desires to be heard, after hearing him in 
person, submit its report to the State Government within ten weeks from the 
date of detention of the person concerned. 
(2) The report of the Advisory Board shall specify in a separate part 
thereof the opinion of the Advisory Board as to whether or not there is 
sufficient cause for the detention of the person concerned. 
(3) When there is a difference of opinion among the members forming 
the Advisory Board, the opinion of the majority of such members shall be 
deemed to be the opinion of the Board. 
(4) Nothing in this section shall entitle any person against whom 
detention order has been made to appear by any legal practitioner in any 
matter connected with the reference to the Advisory Board, and the 
proceedings of the Advisory Board, and its report, excepting that part of the 
report in which the opinion of the Advisory Board is specified, shall be 
confidential. 
12. Action upon the report of Advisory Board.- (1) In any case 
where the Advisory Board has reported that there is in its opinion sufficient 
cause for the detention of a person, the State Government may confirm the 
detention order and continue the detention of the person concerned for such 
period as it thinks fit.(2)In any case where the Advisory Board has reported 
that there is in its opinion, no sufficient cause for the detention of the person 
concerned the State Government shall revoke the detention order and cause 
the person to be released forthwith. 
13. Maximum period of detention.- The maximum period for which 
any person may be detained in pursuance of any detention order which has 
been confirmed under section 12,  shall be one year from the date of 
detention: 
Provided that nothing contained in this section shall affect the power 
of the State Government to revoke or modify the detention order at any earlier 
time. 
14. Revocation of detention orders.- (1)Without prejudice to the 
provision of section 20 of the Himachal Pradesh General Clauses Act, 1968 
6 THE HIMACHAL PRADESH PRESERVATION OF FORESTS AND MAINTENANCE OF 
SUPPLIES OF FOREST BASED ESSEN TIAL COMMODITIES ACT, 1984 
(16 of 1969), a detention order may, at any time, be revoked or modified by 
the State Government. 
(2) The revocation or expiry of a detention order shall not bar the 
making of a fresh detention order under section 3 against the same person in 
any case where fresh facts have arisen after the date of revocation or expiry on 
which the State Government is satisfied that such an order should be made. 
15. Temporary release of persons detained.- (1) The State 
Government may, at any time, direct that any person detained in pursuance of 
a detention order may be released for any specified period either without 
conditions or upon such conditions specified in the direction as the person 
accepts, and it may, at any time, cancel his release. 
(2) In directing the release of any person under subsection (1), the 
State Government may require him to enter into a bond with or without 
sureties for the due observance of the conditions specified in the direction. 
(3) Any person released under subsection (1) shall surrender himself 
at the time and place, and to the authority, specified in the order directing his 
release or cancelling his release, as the case may be. 
(4) If any person fails without sufficient cause to surrender himself in 
the manner specified in subsection (3), he shall be punishable with 
imprisonment for a term which may extend to two years or with fine, or with 
both. 
(5) If any person released under subsection (1) fails to fulfil any of the 
conditions imposed upon him under the said subsection or in the bond entered 
into by him, the bond shall be declared to be forfeited and any person bound 
thereby shall be liable to pay the penalty thereof. 
16. Protection of action taken in good faith.- No suit or other legal 
proceedings shall lie against the State Government, and no suit, prosecution or 
other legal proceedings shall lie against any person, for anything in good faith 
done or intended to be done in pursuance of this Act. 
17. Repeal and savings.- (1)The Himachal Pradesh Preservation of 
Forests and Maintenance of Supplies of Essential Commodities Ordinance, 
1984 (2 of 1984), is hereby repealed. 
(2) Notwithstanding such repeal anything done or any action taken 
under the said Ordinance shall be deemed to have been done or taken under 
the corresponding provisions of this Act, as if this Act had come into force on 
27th June, 1984. 
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