The Himachal Pradesh Private Forests Act, 1954

 
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
ARRANGEMENT OF SECTIONS 
Sections: 
CHAPTER I 
PRELIMINARY 
1.  Short title, extent and commencement.  
2.  Act not to apply to certain lands.  
3.  Definitions.  
CHAPTER II 
GENERAL PROVISIONS RELATING TO THE 
MANAGEMENT OF AND EXERCISE OF RIGHTS IN A 
NOTIFIED FOREST 
4.  Power to prohibit certain acts.  
5.  Demarcation of private forests.  
6.  Rights in private forests or part thereof to be exercisable in 
accordance with the Act.  
7.  Restrictions on rights to cut, collect or remove timber etc., and 
reclaim forests for purposes of cultivation.  
8.  Height at which trees and age of bamboo culms that may be cut.  
9.  Certain persons not to sell or transfer timber.  
10.  Restrictions of right of landlord or persons claiming through 
landlord to cut or remove timber or forest produce.  
11.  Grant of licence to fell trees and fees for sale of trees.  
12.  Preparation of a working plan.  
13.  Management of forest.  
14.  Removal of timber and extraction and removal of resin from 
private forest.  
15.  Recovery of fees due to the State Government.  
16.  Prohibition of further contracts.  
 
2  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
17.  Restrictions on right to graze cattle.  
18.  Offences under this chapter and trial of such offences and 
penaltic thereof. 
CHAPTER III 
CONTROLLED FORESTS 
19.  Power to constitute a controlled forest.  
20.  Notification by State Government.  
21.  Hearing of objections.  
22.  Proclamation by Forest Settlement Officer.  
23.  Inquiry by Forest Settlement Officer.  
24.  Power of Forest Settlement Officer.  
25.  Order on claims to rights of pasture or to forest produce.  
26.  Manner in which Forest Settlement Officer should pass orders.  
27.  Suspension of rights when required for the conservation of a 
forest.  
28.  Extinction of rights.  
29.  Prohibition of further contracts.  
30.  Prohibition of cutting of trees.  
31.  Procedure for dealing with claims of forest contractors. 32. 
Appeal from orders passed under section 25 or section 31. 
33. Appeal under section 32.  
34.  Persons entitled to appear, plead and act.  
35.  Notification declaring land to be a Controlled Forest.  
36.  Publication of such notification in neighbourhood of forest. 
CHAPTER IV 
CONTROL AND MANAGEMENT OF CONTROLLED 
FORESTS AND POWERS OF FOREST OFFICERS 
37. Control and management of Controlled Forests to vest in the 
State Government.  
38.  Appointment of Forest Officers for Controlled Forests.  
39.  Power to invest Forest Officers with certain powers.  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  3 
40.  Demarcation of Controlled Forests.  
41.  Extent to which landlord is to be allowed to remove timber and 
other produce from Controlled Forest.  
42.  State Government to receive all revenues from and incur 
expenditure on Controlled Forest.  
43.  Maintenance of revenue and expenditure account.  
44.  Payment of allowances for, and net profits of Controlled Forest 
to landlord.  
45.  Rights to right-holders to be exercised in accordance with rules.  
46.  Grouping of Forests for management.  
47.  System of annual groups.  
48.  Extent of rights of right-holder to be varied by Forest Officer.  
49.  Release of Controlled Forests.  
CHAPTER V 
PENALTIES AND PROCEDURE  
50.  Forest offences.  
51.  Penalties for breach of rules.  
52.  Seizure of property liable to confiscation.  
53.  Procedure thereupon.  
54.  Trees, timber, forest produce, when liable to confiscation.  
55.  Disposal on conclusion of trial for forest offence of produce in 
respect of which it was committed.  
56.  Procedure when offender not known or cannot be found.  
57.  Procedure as to perishable property seized under section 52.  
58.  Appeal from orders under sections 54 to 56.  
59.  Property when to vest in the State.  
60.  Saving of power to release property seized.  
61.  Penalty for counterfeiting or defacing marks on trees and timber 
and for altering boundary marks.  
62.  Power to arrest.  
63.  Power to prevent commission of offence.  
4  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
64.  Power to compound offence.  
65. Presumption that forest produce belongs to Controlled Forests.  
CHAPTER VI 
CATTLE TRESPASS 
66. Application of Cattle Trespass Act, 1871.  
67.  Power to alter fines fixed under Cattle Trespass Act, 1871.  
CHAPTER VII 
MISCELLANEOUS 
68. Forest Officers deemed to be public servants.  
69.  Forest Officers not to trade.  
70.  Bar of suits and other proceedings.  
71.  Persons bound to assist Forest Officers.  
72.  Recovery of money due to Government.  
73.  Lien on forest produce for money due to Government.  
74.  Recovery of penalties due under bond.  
75.  Power to make rules.  
76. Savings.  
_________ 
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
(ACT NO. 6 OF 1955) 
(Received the assent of the President on the 6th August, 1955, and was 
published in Hindi, in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 
the 29th August,, 1955, pp. 209-237 and in English in the Rajpatra, Himachal 
Pradesh, dated the 28th  June, 1956, pp. 345-370).  
An Act to provide for the conservation of Private Forests. 
Amended, repealed or otherwise affected by,- 
(i) Himachal Pradesh Act No. 5 of 1970 published in the 
Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 4th 
April, 1970, p. 290-294.  
(ii)  The Himachal Pradesh Adaptation of Laws (State and 
Concurrent Subjects) Order, 1973, published in the Rajpatra, 
Himachal Pradesh (Extra-ordinary), dated the 20th January, 
1973, pp. 91-112, effective from 25th January, 1971. 
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  5 
It is hereby enacted in the Fifth Year of the Republic of India as 
follows:- 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Private Forests Act, 1954.  
(2) It extends to the whole of the State of Himachal Pradesh.  
(3) It shall come into force at once.   
2. Act not to apply to certain lands.- This Act shall not apply- 
(a)  to any land which is vested in Government; or  
(b)  to any land which is a reserved or protected forest under 
Indian Forest Act, 1927 (Act No. 16 of 1927).  
3. Definitions.- In this Act unless there is anything repugnant in the 
subject or context,- 
(1) "Collector" includes any officer empowered by the State 
Government to discharge the functions of the Collector 
under this Act;  
(2)  "Controlled Forest" means a forest in respect of which a 
notification has been issued under sub-section (1) of section 
35.  
(3)  "estate" means any area:- 
(a)  for which a separate record of rights has been made, or  
(b) which has been separately assessed to land revenue, or 
would have been so assessed if the land revenue had 
not been released compounded for a redeemed, or  
(c)  which the State Government may, by general rule or 
special order, declare to be an estate;  
(4)  "fee" includes also the fee payable to the State Government 
under the terms of Forest or Revenue Settlement or usage or 
custom subject to which permission to fell and sell trees 
was being given by the integrating States before their 
merger;  
(5) "forest" includes any land recorded as forest in a record of 
rights;  
(6) "forest offence" means an offence punishable under this Act 
or under any made thereunder;   
(7)  "Forest Officer" means any person whom the State 
Government may appoint to carry out all or any of the 
6  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
purposes of this Act or to do anything required by this Act 
or any rule made thereunder to be done by a Forest Officer;  
(8)  "Forest Settlement Officer" means an officer appointed by 
the State Government to perform the duties of a Forest 
Settlement Officer under this Act;  
(9)  "landlord" means the owner of the estates or tenure in 
which a forest or waste land is situated who is entitled to 
exercise any right in such forest or waste land ;  
(10) "notification" means notification published in the Official 
Gazette;  
(11)  "notified forest" means a forest specified in a notification 
issued under section 4;  
(12)  "owner" includes a patta or jagir holder, lessee, mortgagee 
in possession, manager, trustee, receiver appointed by a 
competent court or a Court of Wards in respect of property 
under the superintendence or charge of such court;  
(13)  "private forest" means a forest which is not the property of 
the GOVERNMENT or over which the State has no 
proprietary rights or to the whole or any part of the forest 
produce of which the State is not entitled;  
(14) "prescribed" means prescribed by rules made under this Act;  
(15) "right holder" means a person who has by custom a right of 
cutting or collecting in, and removing from a forest, timber, 
fuel and other forest produce for his domestic and 
agricultural purposes and of pasturing his cattle in a forest;  
(16)  "rule" means a rule made under this Act;  
(17)  [ **********];  
18.  "timber" includes trees when they have fallen or have been 
felled and all wood whether cut up or fashioned or 
hollowed out for any purpose or not;  
(19)  "tree" includes timber and fuel trees, palms, bamboos, 
stumps, brush-wood and canes;  
(20)  "wasteland" means any land which thee State Government 
may, by notification, declare to be a wasteland for the 
purposes of this Act;  
(21)  "working plan" means any written scheme for the 
management and treatment of a forest;  
(22)  "year" means a year beginning on the Ist day of April and 
ending on the 31st day of March of the following year;  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  7 
(23)  words and expressionist used but not defined in this Act and 
defined in the India Forest Act, 1927 (16 of 1927), shall 
have the meanings respectively assigned to them in that 
Act.  
CHAPTER II 
GENERAL PROVISION RELATING TO THE MANAGEMENT OF, 
AND EXERCISE OF RIGHT IN A NOTIFIED FOREST 
4. Power to prohibit certain acts.- The State Government may, by 
notification and subject to such conditions as may be imposed by the Forest 
Officer concerned, prohibit the cutting, felling, girdling, lopping, burning, 
stripping off the back or leaves or otherwise damaging any tree or 
counterfeiting or defacing marks on trees or timber in such private forest as 
may be specified.  
5. Demarcation of private forests.- In every private forest in respect 
of which a notification is issued under section 4, the Forest Officer shall, 
within a period of one year from the date of publication of such notification, 
demarcate the limit of such forest in accordance with the revenue records, and 
shall erect thereon such number of boundary pillars at such points of the line 
of demarcation as may be necessary at Government expense.  
6. Rights in private forests or part thereof to be exercisable in 
accordance with this Act.- In the forest notified under section 4 A the rights 
of the landlord and, notwithstanding anything contained in any 
record-of-rights prepared under any law for the time being in force, the rights 
of any other person to cut, collect or remove trees, timber or other produce in 
or from, or to pasture any cattle in any forest shall not be exercised in 
contravention of the provisions made in or under this Act.  
7. Restrictions on rights to cut, collect or A remove timber etc., 
and re-claim forests for purposes of cultivation.- In view of the necessity 
for conservation of soil and moisture and in the interest of the general public- 
(a)  a person who has a right to cut, collect or remove trees, 
timber or fuel from any notified forest shall not cut, collect or 
remove such trees, timber or fuel except under a permit 
granted by the Forest Officer in this behalf and in accordance 
with such conditions as the Forest Officer may impose:  
Provided that nothing in this clause shall apply to any 
trees, timber or fuel which is required by the owner or 
right-holder for domestic purposes, manufacture of 
agricultural implements or cremation of dead bodies;  
(b) a person who has a right to reclaim any land in notified forest 
for the purpose of cultivation and is the owner of the notified 
forest shall not reclaim any land therein except with the 
previous permission of the Forest Officer obtained in writing 
and in accordance with such conditions as the forest officer 
may impose.  
8  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
8. Height at which trees and age of bamboo culms that may be 
cut.- No person with a felling permit shall, in a private forest, cut down any 
tree at a height of more than six inches from the ground or any bamboo culm 
less than one year old.  
9. Certain persons not to sell or transfer timber.- No person, not 
being a landlord, a person A acting under the authority of a landlord or an 
officer acting under the provisions of this Act or rules made thereunder shall 
sell or otherwise transfer any timber obtained by him in the exercise of a right 
to cut timber in any notified forest, and the timber cut by him in excess of his 
requirement shall be liable to forfeiture by the State Government.  
10. Restrictions of right of landlord or persons claiming through 
landlord to cut or remove timber or forest produce.- The landlord, or a 
lessee or other person claiming through the landlord, shall not cut or remove 
or permit any person to cut or remove any trees, timber or other forest produce 
in or from any notified forest so as to effect the right of any person which 
such person may, subject to any rules made under this Act, enjoy under any 
custom or usage.  
11. Grant of licence to fell trees and fees for sale of trees.- (1) A 
Forest Officer may, on the application of the landlord or owner, grant a 
license for the felling of trees for such purpose and with such conditions as he 
may deem proper keeping in view the necessity for conservation of soil and 
moisture and the interests of the general public, and thereupon it shall be 
lawful for the landlord or the owner to carry out felling in accordance with the 
terms of the licence.  
(2) Thee landlord or owner selling trees shall pay 15% of the sale 
Price as fees to the State Government and the timber shall not be removed 
from the forest unless fees have been paid.  
(3) The owner may exercise the option of selling the trees either 
through the Forest Department or direct to any contractor. In the event of 
selling the trees direct, the owner shall have to pay 15% fees as prescribed 
above on the price of the trees calculated in accordance with the prescribed 
principles.  
12. Preparation of working plan.- (1) The Forest Officer may direct 
any owner of the notified forest to prepare within a specified period a working 
plan in the prescribed manner for management of the forest.  
(2) The owner of such notified forest may either himself prepare the 
working plan or request the Forest Officer to prepare a working plan on his 
behalf.  
(3) The Forest Officer may, after considering each working plan 
submitted to him, by an order in writing, accept or modify such working plan 
in such manner as he may consider necessary or substitute another working 
plan for it.  
(4) If any owner of such notified forest does not submit a working 
plan within the period specified under sub-section (1) or does not request the 
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  9 
Forest Officer to prepare one on his behalf within the period specified in 
sub-section (2), the Forest Officer may prepare a working plan in respect of 
such forest.  
(5) The cost of the preparation of the working plan under sub-section 
(2) and (4) will be borne by the owner in the case of forests which will be at a 
profit and by Government in the case of forests rum at a loss. Where the cost 
is payable by the owner such cost may be realised as arrears of land revenue 
when the landlord fails to pay it within the period to be specified by the Forest 
Officer.  
13. Management of forest.- The forest for A which an approved 
working plan exists will be managed by the owner himself according to 
prescriptions made in such working plan with the assistance of such trained 
staff as may be prescribed in the working plan and under the superintendence 
of the Forest Officer. No deviation from the prescriptions of the working plan 
will be permitted without the previous sanction of the Forest Officer.  
14. Removal of timber and extraction and removal of resin from 
private Forest.- (1) Save as provided in the foregoing sections, no tree, unless 
marked and no timber, unless hammer marked by the Forest Officer shall be 
cut or removed from the private forest and no tree or part thereof or timber 
from the private forest shall be launched into any river, stream or water, 
unless it bears property mark or marks and is covered by a permit granted in 
this behalf and fees therefor are first paid, provided always that no removal of 
a tree or part thereof or timber or fuel shall be done by land, unless covered by 
a challan issued by the Forest Officer subject to such restrictions as he may 
consider necessary to impose as regards its check while in transit and the time 
between which the movement of such tree, timber or fuel shall remain 
suspended.  
(2) No resin will be extracted, removed or carried from private forest 
except in accordance with the rules framed under the Act.   
15. Recovery of fees due to the State Government.- (1) Where a 
licence under section 11 is issued for the sake of tree, timber or fuel from a 
private forest, the licences shall not be permitted to remove such trees, timber 
or fuel unless all prescribed fees payable to the State Government are first 
paid in full.  
(2) The removal of such trees, timber or fuel as are mentioned in 
sub-section (1) shall be subject to such conditions as the Forest Officer may 
deem necessary to impose.  
16. Prohibition of further contracts.-A contract entered into by an 
owner with any person after the commencement of this Act conferring on 
such person the right to cut, collect or remove trees, timber or fuel from the 
private forest shall be void unless the owner has first obtained a licence in this 
behalf under section 11.  
10  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
17. Restrictions on right to graze cattle.- No person shall in exercise 
of any customary right or other right, pasture or cause to be pastured in any 
notified forest, any cattle of which he is not the owner.  
18. Offences under this chapter and trial of such offences and 
penalties thereof.- (1) Any A person who contravenes any of the provisions 
of this chapter or deviates from the prescriptions of the sanctioned working 
plan without the previous sanction of the Forest Officer, shall be punishable 
with a fine not exceeding rupees one thousand or simple imprisonment not 
exceeding three months or both.  
(2) Offences under this section shall be triable by a Magistrate of the 
first or the second class and proceedings under this section may be instituted 
on a complaint made by the landlord of the notified forest in respect of which 
the offence is alleged to have been committed or by any right-holder of such a 
notified forest or by the Forest Officer or by any officer specially empowered 
by the State Government in this behalf.  
(3) When any person is convicted of an offence under this section, 
any trees, timber or other forest produce in respect of which the offence is 
committed may be liable to forfeiture. If such trees, timber or other forest 
produce has or have been destroyed or converted or otherwise disposed of by 
him, the value thereof may be recoverable from him in the same way as a fine 
imposed on him under sub-section (1).  
(4) Any trees, timber or other forest produce forfeited under this 
section shall be disposed of in such manner as the Collector may, subject to 
rules, if any, direct.  
CHAPTER III 
CONTROLLED FORESTS 
19. Power to constitute a controlled forest.- (1) If the State 
Government is satisfied A at any time that the provisions of chapter II are not 
sufficient to secure due protection of any notified forest or that it is not 
necessary in the interest of the general public to apply the provisions of this 
chapter to any private forest whether notified or not, it may constitute such 
forest a Controlled Forest in the manner hereinafter provided.  
(2) If it appears from the report of the Forest Officer that any 
wasteland, the area of which is not less than fifty acres which is lying 
uncultivated for more than seven years and is suitable for afforestation and 
that the owner of such land is unwilling or unable to cultivate is by growing 
therein agricultural crops, or to use it for purposes of horticulture to the 
satisfaction such Forest Officer or to afforest it, the State Government may, 
after satisfying itself that such land cannot be more advantageously used for 
the purposes of agriculture or horticulture than for the purposes of 
afforestation, constitute such wasteland as Controlled Forest in the manner 
hereinafter provided.  
20. Notification by the State Government.- (1) Whenever it is 
proposed by the State Government to constitute any area whether private 
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  11 
forest or wasteland or Controlled Forest, the State Government shall issue a 
notification- 
(a)  declaring that it is proposed to constitute such area a 
Controlled Forest;  
(b) specifying, as nearly as possible, the situation and limits of 
such area; and   
(c)  stating that any landlord whose interests are likely to be 
affected if such area is constituted a Controlled Forest, may, 
within such period not being less than six months from the 
date of the notification, as shall be stated in the notification, 
present to the Collector in writing any objection to such area 
being constituted a Controlled Forest.  
(2) A copy of such notification shall be served on the landlord in the 
prescribed manner.  
Explanation.- For the purpose of clause (b) it shall be sufficient to 
describe the limits of the area by roads, rivers, ridges or other well known or 
readily intelligible boundaries.  
21. Hearing of objections.- (1) The Collector shall in the prescribed 
manner hear any objection presented under clause (c) of section 20 and shall 
pass an order- 
(a)  dismissing such objection, or  
(b)  directing that the proposal to constitute the said area a 
Controlled Forest shall be dropped either in respect of the 
whole of the said area or in respect of a part of it to be 
specified in the order.  
(2) Any landlord who is aggrieved by an order passed by the 
Collector under sub-section (1) or any Forest Officer or other person generally 
or specially empowered by the State Government in this behalf, may file a 
revision application to the State Government whose orders shall be final.  
(3) If no objection is presented under clause (c) of section 20 or if 
such objection is presented and is finally disposed of under the provisions of 
this section, the State Government may, where it considers that any area 
included in the notification issued under section 20, should be constituted a 
Controlled Forest, issue a notification- 
(a) declaring that it has been decided to constitute such area a 
Controlled Forest;  
(b) specifying as nearly as possible the situation and limit of that 
area; and  
(c)  appointing a Forest Settlement Officer to enquire into and 
determine the existence, nature and extent of any rights other 
than landlord's rights alleged to exist in favour of any person 
in or over any area comprised within such limits, or in or over 
12  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
any forest produce and to deal with the same as provided in 
this chapter. 
(4) The Forest Settlement Officer appointed under clause (c) of 
sub-section (3) shall, in the prescribed manner, give an opportunity to the 
landlord to be heard in the enquiry referred to in that clause.  
22. Proclamation by Forest Settlement Officer.- Where a 
notification has been issued under sub-section (3) of section 21, the Forest 
Settlement Officer shall publish in every town and village in the 
neighbourhood of the area comprised therein, a proclamation- 
(a)  specifying as nearly as possible the situation and limits of the 
proposed area;  
(b)  explaining the consequence which, as hereinafter provided 
will ensue when such area is constituted a Controlled Forest; 
and  
(c)  fixing a period of not less than six months from the date of 
such proclamation,, and requiring every person claiming any 
right mentioned in sub-section (3) of section 21 (other than 
landlord's rights) within such period either to present to the 
Forest Settlement Officer a written notice specifying or to 
appear before him and state the nature of such right and the 
amount and particulars of the compensation, if any, claimed 
in respect thereof.  
23. Inquiry by Forest Settlement Officer.- The Forest Settlement 
Officer shall take down in writing all statements made under section 22 and 
shall at some convenient place inquire into all claims duly preferred under that 
section and the existence of any rights mentioned in sub-section (3) of section 
21 other than landlord's rights and not claimed under section 22 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.  
24. 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 to authorise any officer to enter 
upon any land, and to survey, demarcate and make a map of 
the same; and  
(b)  the powers of the Civil Court in the trial of suits.  
25. Order on claims to rights of pasture or to forest produce.- (1) 
The Forest Settlement A Officer shall when passing orders under section 25- 
(a)  prepare a list of the right-holders with their father's names, 
castes, residences and occupations of each;  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  13 
(b)  decide what fraction of the timber and other forest produce of 
the forest notified under sub-section (3) of section 21 shall be 
allotted to the right-holders;  
(c)  decide the maximum amount of timber and other forest 
produce to which each right holder is entitled;  
(d)  determine the number and description of the cattle, if any, 
which the claimant is from time to time entitled to graze in 
the area and the season during which such pasture is 
permitted;  
(e)  consider the capacity of the area to supply without danger to 
its conservation, the requirements of the right-holders.  
(2) In deciding what fraction of the timber and other forest produce 
shall be allotted to the right-holders, the Forest Settlement Officer shall have 
regard to- 
(a)  the entries in any record of rights prepared and finally 
published under any law for the time being in force and value 
to be attached to such entries under such law;  
(b)  the amount of forest produce which the right-holders have 
taken from the area notified under sub-section (3) of section 
21 for their fuel or other domestic or agricultural purposes;  
(c)  the attempts, if any, made from time to time by the landlords 
or the right-holders to preserve the said forest or utilise the 
said wasteland;   
(d)  any other material showing the respective rights of the land 
lord and right-holders in the said area; and  
(e)  the extent of land not included in the area notified under 
sub-section (3) of section 21 and is still available for exercise 
of the rights of right-holders.  
27. Suspension of rights when required for the conservation of a 
forest.- When passing an A order under section 25 on any claim the Forest 
Settlement Officer is of opinion that the conservation of the Forest or the 
utilisation of the wasteland concerned so requires, he may instead of 
permitting the exercise of the full rights provided by the claimant, order that 
the exercise of such rights shall be suspended wholly, or in part, for such 
period and subject to such conditions as may be specified in the order:  
Provided that it shall be necessary for the Forest Officer to make 
adequate arrangements for the grazing of cattle. 
28. Extinction of rights.- Rights (other than landlord's rights) in 
respect of which no claim has been preferred under section 22 and regarding 
the existence of which nothing has come to notice during the inquiry under 
section 23 shall be extinguished unless before the publication of the 
notification under section 35 the person claiming them satisfies the Forest 
14  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
Settlement Officer that he has sufficient cause for not preferring such claim 
within the period fixed under section 22.  
29. Prohibition of further contracts.- After the issue of notification 
under section 20, the landlord of the forest or the area specified in such 
notification, shall not enter into any contract with any person conferring on 
such person the right, to cut, collect or remove timber or other forest produce 
or trees in or from such area and any such contract entered into for the issue of 
the said notification under section 20 shall be void:  
Provided that this restriction shall, without prejudice to the provisions 
of the Act, cease, if the proposal to constitute the area concerned a Controlled 
Forest, is dropped or the area is eventually not constituted a Controlled Forest.  
30. Prohibition of cutting of trees.- (1) At the time of issuing a 
notification under section 20 or at any time thereafter the State Government 
may make an order prohibiting, until the date of the publication of a 
notification under section 35 and subject to such conditions and exceptions as 
may be specified in the order, the cutting, collection and removal of any trees, 
or any class of trees, in the area in respect of which such notification is issued, 
and effect shall be given to such order notwithstanding anything contained in 
any contract, grant or record-of-rights to the contrary:  
Provided that the order shall not apply to an area the proposal to 
constitute which as a Controlled Forest is dropped. (2) Every such order shall 
be published in the neighbourhood of the said area in the prescribed manner.  
31. Procedure for dealing with claims of forest contractors.- (1) In 
the case of a person A who claims to have a right under any contract with, or 
grant made by, the landlord before the issue of a notification under section 20, 
to cut, collect or remove any forest produce in or from, or to pasture cattle in 
an area notified under sub-section (3) of section 21 or any part thereof, and 
who claims compensation, for the loss or modification of such right, the 
Forest Settlement Officer shall determine the amount which should, in his 
opinion, be awarded as compensation to such claimant and subject to the 
provisions of sub-section (3) shall direct that the amount, if any, so 
determined shall be awarded to the claimant.  
(2) In determining the amount of compensation to be awarded to such 
claimant, the Forest Settlement Officer shall take into consideration the 
following and no other matters, namely:- 
(a)  any payment made by the claimant to the landlord ;  
(b)  whether or not such payment was a reasonable and bonafide 
payment;  
(c) whether or not the exercise by claimant of his rights under 
any contract entered into between the claimant and the 
landlord or under any grant made by the landlord contravened 
or tended to contravene the provisions of section 7;  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  15 
(d) any expense reasonably incurred by the claimant in order to 
cut, collect or remove trees, timber or other forest produce;  
(e)  the value of trees, timber or other forest produce cut, collected 
or removed by, or with the permission of the claimant.  
(3) Instead of directing the award of compensation in cash, the Forest 
Settlement Officer may direct that the claimant shall be permitted to cut, 
collect and remove from the said area such quantity of timber or other forest 
produce as shall not exceed in value the amount determined by the Forest 
Settlement Officer under sub-section (1).  
(4) The claimant shall not cut, collect or remove any timber or other 
forest produce except in such manner and at such times and in such parts of 
the said area as may be specified in rules or instructions issued by the Forest 
Officer.  
(5) The Forest Officer shall decide when the claimant has cut, 
collected and removed trees, timber or other forest produce to the aggregate 
value mentioned in sub-section (3) and the decision of the Forest Officer shall, 
subject to any order that may be passed in revision by the Conservator of 
Forests, Working Plans Circle, be final.  
32. Appeal from orders passed under section 25 or section 31.- 
Any person who has made claim under section 25 or section 31, any Forest 
Officer or other person generally or specially empowered by the State 
Government in this behalf, may, within six months of the date of the order 
passed by the Forest Settlement Officer under section 25 or section 27 or 
section 31, present an appeal from such order to the prescribed authority.  
33. Appeal under section 32.- (1) Every appeal under section 32 
shall be made by petition in writing and may be delivered to the Forest 
Settlement Officer, who shall forward it without delay to the prescribed 
authority referred to in that section.  
(2) The petition of appeal received from the Forest Settlement Officer 
shall be heard in the manner provided for the time being for the hearing of 
appeals in matters relating to land revenue.  
34. Persons entitled to appear, plead and act.- The State 
Government, or any person who has made a claim or presented an objection 
under this Act, may appoint any person to appear, plead and action its or his 
behalf before the Collector or the Forest Settlement Officer or the appellate 
court, in the course of any inquiry, hearing or appeal under this Act.  
35. Notifications declaring land to be a Controlled Forest.- (1) 
When the following events have occurred, namely:- 
(a) the period fixed under section 22 for preferring claims has elapsed, 
and all claims, if any made under sections 22 and 31 have been disposed of by 
the Forest Officer; and  
35. Notifications declaring land to be a A Controlled Forest.- (1) 
When the following events have occurred, namely:- 
16  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
(a)  the period fixed under section 22 for preferring claims has 
elapsed, and all claims, if any, made under sections 22 and 31 
have been disposed of by the Forest Officer; and  
(b)  if any such claims have been made, the period limited by 
section 32 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, 
the State Government shall publish a notification in the 
Gazette specifying definitely according to boundary marks, 
erected or otherwise, the limits of the area which is to be 
constituted a Controlled Forest, and declaring the same to be 
a Controlled Forest from a date fixed by the notification, and 
from the date so fixed such forest shall be deemed to be a 
Controlled Forest:  
Provided that, if in the case of any area in respect of which 
notification under section 20 has been issued, the State Government considers 
that the enquiries, procedure and appeals referred to in this chapter will 
occupy such length of time as to endanger in the meantime the conservation of 
the forest, the State Government may pending the completion of the said 
enquiries, procedure and appeals, declare such area to be a Controlled Forest, 
but not except as provided in sections 29 and 30 so as to prejudice or affect 
any existing rights.  
(2) Any declaration made in respect of any area by the State 
Government under the proviso to sub-section (1) shall cease to have effect 
from the date of any final order passed under section 21, directing that the 
proposal to constitute such area a Controlled Forest shall be dropped, or of 
any order passed under sub-section (1).  
36. Publication of such notification in neighbourhood of forest.- 
The Forest Officer shall, before the date fixed by such notification, cause a 
copy thereof to be published in every town and village in the neighbourhood 
of the forest.  
CHAPTER IV 
CONTROL AND MANAGEMENT OF CONTROLLED FORESTS 
AND POWERS OF FOREST OFFICERS 
37. Control and management of Controlled A Forests to vest in 
the State Government.- The control and management of every Controlled 
Forest shall vest in the State Government.  
38. Appointment of Forest Officers for Controlled Forests.-The 
State Government shall, A by notification, appoint a Forest Officer for the 
purposes of one or more Controlled Forests or of a specified portion thereof.  
39. Power to invest Forest Officers with certain powers.- The State 
Government may invest any Forest officer with all or any of the following 
powers, that is to say:  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  17 
(a)  power to enter upon a land and to survey, demarcate and make a 
map of the same;  
(b)  the power of a Civil Court to compel the attendance of 
witnessers and the production of documents and material 
objects; and  
(c)  power to hold inquiry into forest offences and in the course of 
such inquiry to receive and record evidence.  
40. Demarcation of Controlled Forests.-The Forest Officer shall 
demarcate the Controlled Forest or portion of the Controlled Forest for which 
he is appointed in such manner as may appear to be necessary in the 
circumstances of the case.  
41. Extent to which landlord is to be allowed to remove timber 
and other produce from Controlled Forest.- The Forest Officer appointed 
for any Controlled Forest shall, subject to the requirements of any working 
plan prepared for the forest, allow the landlord or right-holders of such forests 
to cut, collect or remove therefrom such quantity of trees, timber or other 
forest produce as may, in the opinion of the Forest Officer, be required for his 
reasonable agricultural or domestic needs.  
42. State Government to receive all revenues from and incur 
expenditure on Controlled Forest.- The State Government shall receive all 
revenues accruing from the working and management of a Controlled Forest 
and shall pay the whole expenditure incurred in the working and management 
of such forest, and the landlord of such forest or any other persons shall not be 
entitled to make any objection to any expenditure that the State Government 
may consider it necessary to incur on such working and management.  
43. Maintenance of revenue and expenditure account.- The State 
Government, or any authority appointed by them in this behalf, shall maintain 
in the prescribed manner a revenue and expenditure account, the working and 
management of every Controlled Forest and shall supply an abstract of the 
yearly account to the landlord of such forest.  
44. Payment of allowances for, and net profits of Controlled 
Forest to landlord.- (1) The State Government shall during the period of its 
control and management of any Controlled Forest pay, at prescribed intervals, 
to the landlord of the area comprising- 
1. Forest.-(a) an allowance calculated on the total area of the forest as 
determined by the Forest Officer at the rate of four annas per acre per annum 
or such higher rate not exceeding eight annas per acre per annum as the Forest 
Officer may, from time to time, by general or special order, determine ; and  
(b) the net profits, if any, accruing for the working and management 
of the forest will be paid to the owner, after deducting ten per cent, as the cost 
of management.  
II. Wasteland- (a) no allowance will be paid;  
18  THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954 
(b) when all expenses incurred by the State Government for the 
afforestation of any such land have been recouped, the profits resulting from 
such afforestation shall, during the period the resulting from such afforestation 
shall, during the period the control of such land remains vested in a Forest 
Officer be paid to t he owner after deducting ten per cent as the cost of 
management.  
(2) For the purpose of calculating the net profits, the total expenditure 
incurred on the working and management of the Forest shall be adjusted 
against the total income from the working and management up to the date of 
account and the amount of any deficit shall be carried forward without interest 
from year to year till such amount is made up and supply is affected.  
(3) For the purposes of sub-section (2)- 
(a)  the total expenditure shall include the allowance paid to the 
landlord concerned under clause (a) of sub-section (1) and 
any sum determined as compensation under sub-section (1) of 
section 31 or the value of anything taken from the forest 
under sub-section (3) of that section; and  
(b)  the total income shall include the proceeds of confiscation or 
forfeiture for forest offences not committed by the landlord in 
respect of the forest or the forest produce thereof after 
deducting from such proceeds- 
(i)  the rewards, if any, paid to informers and officers out of 
such proceeds, and  
(ii)  such incidental expenses as may be fixed by the Forest 
Officer including that incurred for the storage, transport 
and sale of the articles or forest produce forfeited or 
confiscated.  
45. Rights of right holders to be exercised in accordance with 
rules.- The rights of right-holders in a Controlled Forest shall be exercised in 
accordance with the rules.  
46. Grouping of forests for management.- The Forest Officer may, 
with a view to the more efficient management and control of the forests, order 
that the Controlled Forests under his control in more than one village and 
under more than one landlord shall be grouped together.  
47. System of annual groups.- (1) When the A Forest Officer has 
ordered the grouping of Controlled Forests under section 46, he may direct 
that the rights of right-holders in a Controlled Forest shall be exercised in such 
portion of such group as he may order.  
(2) In passing orders under sub-section (1) the Forest Officer shall 
have regard to the conveniences of the right-holders so far as that is possible 
without prejudicing the efficient administration and conservation of the 
Controlled Forest.  
THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954  19 
48. Extent of rights of right-holder to be varied by Forest Officer.- 
When the right-holder's share of the produce of a Controlled Forest is 
insufficient in any year to meet the maximum requirements of the 
right-holders, the Forest Officer shall determine for that year the amount of 
such produce which each right-holder may take in accordance with the rules. 
49. Release of Controlled Forests.- (1) The State Government may, 
at any time, by notification, declare that the provisions of this chapter shall 
cease to apply to a Controlled Forest from such date as may be specified in the 
notification and that, with effect from the date, the forest shall cease to be a 
Controlled Forest.  
(2) If on the date of the publication of notification under sub-section 
(1) the balance-sheet of the revenue and expenditure account prepared under 
section 43 shows that any amount is due to the State Government in respect of 
the management and working of such forest, such amount shall be recovered 
from the owner as may be determined generally or specially by the State 
Government.  
CHAPTER V 
PENALTIES AND PROCEDURE 
50. Forest offences.-Any person who, without the permission of the 
Forest Officer in writing or in contravention of any provisions of this Act or 
any rule or order made thereunder- 
(a)  fells, girdles, lops, taps or burns any tree in a Controlled 
Forest, or strips off the bark or leaves from, or otherwise 
damages, any such tree; or  
(b)  quarries any stone, or burns any lime or charcoal, or collects, 
subject to any manufacturing process, or removes any forest 
produce from a Controlled Forest; or  
(c) breaks up clears, for cultivation or any others purpose any 
land in a Controlled Forest; or  
(d)  sets fire to a Controlled Forest or kindles a fire without taking 
all reasonable precautions to prevent its spreading to any 
portion of such forest; or  
(e)  permits cattle to damage any tree in a Controlled Forest, shall 
be punishable with imprisonment for a term, which may 
extend to six months or with fine which may extend to five 
hundred rupees, or with both.  
51. Penalties for breach of rules.- Any person contravening any rule, 
for thee contravention of which no penalty is otherwise p

Excerpt shown. Open the full act in Lexace.

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