LexThe Indian Forest Act, 1927
Jharkhand · state statute
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THE INDIAN FOREST ACT, 1927
(Modified as on – 19th November, 2018)
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and extent.
2. Interpretation clause.
CHAPTER II
OF RESERVED FORESTS
3. Power to reserve forests.
4. Notification by State Government.
5. Bar of accrual of forest-rights.
6. Proclamation by Forest Settlement-officer.
7. Inquiry by Forest Settlement-officer.
8. Powers of Forest Settlement-officer.
9. Extinction of rights.
10. Treatment of claims relating to practice of shifting cultivation.
11. Power to acquire land over which right is claimed.
12. Order on claims to rights of pasture or to forest-produce.
13. Record to be made by Forest Settlement-officer.
14. Record where he admits claim.
15. Exercise of rights admitted.
16. Commutation of rights.
17. Appeal from order passed under section 11, section 12, section 15 or section 16.
18. Appeal under section 17.
19. Pleaders.
20. Notification declaring forest reserved.
21. Publication of translation of such notification in neighbourhood of forest.
22. Power to revise arrangement made under section 15 or section 18.
23. No right acquired over reserved forest, except as here provided.
24. Rights not to be alienated without sanction.
25. Power to stop ways and water-courses in reserved forests.
26. Acts prohibited in such forests.
27. Power to declare forest no longer reserved.
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CHAPTER III
OF VILLAGE-FORESTS
SECTIONS
28. Formation of village-forests.
CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests.
30. Power to issue notification reserving trees, etc.
31. Publication of translation of such notification in neighbourhood.
32. Power to make rules for protected forests.
33. Penalties for acts in contravention of notification under section 30 or of rules under section 32.
34. Nothing in this Chapter to prohibit acts done in certain cases.
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.
36. Power to assume management of forests.
37. Expropriation of forests in certain cases.
38. Protection of forests at request of owners.
CHAPTER VI
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.
40. Limit not to apply to purchase-money or royalty.
CHAPTER VII
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce.
41A. Powers of Central Government as to movements of timber across customs frontiers.
42. Penalty for breach of rules made under section 41.
43. Governments and Forest-officers not liable for damage to forest-produce at depot.
44. All persons bound to aid in case of accident at depot.
CHAPTER VIII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may
be collected accordingly.
46. Notice to claimants of drift-timber.
47. Procedure on claim preferred to such timber.
48. Disposal of unclaimed timber.
49. Government and its officers not liable for damage to such timber.
50. Payments to be made by claimant before timber is delivered to him.
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SECTIONS
51. Power to make rules and prescribe penalties.
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation.
53. Power to release property seized under section 52.
54. Procedure thereupon.
55. Forest-produce, tools, etc., when liable to confiscation.
56. Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was
committed.
57. Procedure when offender not known, or cannot be found.
58. Procedure as to perishable property seized under section 52.
59. Appeal from orders under section .55, section 56 or section 57.
60. Property when to vest in Government.
61. Saving of power to release property seized.
62. Punishment for wrongful seizure.
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks.
64. Power to arrest without warrant.
65. Power to release on a bond a person arrested.
66. Power to prevent commission of offence.
67. Power to try offences summarily.
68. Power to compound offences.
69. Presumption that forest-produce belongs to Government.
CHAPTER X
CATTLE-TRESPASS
70. Cattle-trespass Act, 1871, to apply.
71. Power to alter fines fixed under that Act.
CHAPTER XI
OF FOREST-OFFICERS
72. State Government may invest Forest-officers with certain powers.
73. Forest-officers deemed public servants.
74. Indemnity for acts done in good faith.
75. Forest-officers not to trade.
CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules.
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SECTIONS
77. Penalties for breach of rules.
78. Rules when to have force of law.
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and police-officers.
80. Management of forests the joint property of Government and other persons.
81. Failure to perform service for which a share in produce of Government forest is enjoyed.
82. Recovery of money due to Government.
83. Lien on forest-produce for such money.
84. Land required under this Act to be deemed to be needed for a public purpose under the
Land Acquisition Act, 1894.
85. Recovery of penalties due under bond.
85A. Saving for rights of Central Government.
86. [Repealed.].
THE SCHEDULE—[Repealed.].
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THE INDIAN FOREST ACT, 1927
ACT NO. 16 OF 19271
[21st September, 1927.]
An Act to consolidate the law relating to forests, the transit of forest -produce and the duty
leviable on timber and other forest-produce.
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 is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title and extent.—(1) This Act may 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) It applies to the territories which, immediately before the 1st November, 1956, were comprised in
the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West
Bengal; but the Government of any State ma y by notification in the Official Gazette bring this Act into
force3 in the whole or any specified part of that State to which this Act extends and where it is not in
force.]
2. Interpretation clause. —In this Act, unless there is anything repugnant in the subject or
context, —
(1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies,
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) “Forest-officer” means any person whom 4 *** the 5 [State Government ] or any officer
empowered by 4*** the 5[State Government] in this 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 m ade thereunder to be done by
a Forest-officer;
1. This Act has been amended in its application to:—
(1) Madhya Pradesh by Madhya Pradesh Acts 26 of 1950 and 20 of 1954 ;
(2) Uttar Pradesh by U.P. Acts 18 of 1951, 5 of 1956, 21 of 1960, 11 of 1973 and 13 of 1976 ;
(3) Orissa by Orissa Act 25 of 1952, 11 of 1954, 27 of 1959 and 14 of 1972 ;
(4) West Bengal by Bengal Act 11 of 1945, s. 63, West Bengal Acts 14 of 1948 and 14 of 1975 ;
(5) East Punjab by East Punjab Act 7 of 1948 ;
(6) Haryana by Haryana Acts 12 of 1973 and 31 of 1973 ;
(7) Maharashtra by Maharasthra Acts 6 of 1961 and 27 of 1968 ;
(8) Gujarat by Gujarat Act 14 of 1973 ; and
(9) Certain parts of Mysore by Mysore Act 10 of 1958:
2. Subs. by the A.O. (No. 3) 1956, for sub-sections (2) and (3).
3. This Act has beed declared to be in force in the Khondmals District by the Khondmals laws regulations, 1936 (4 of 1936), s. 3 and the
Schedule.; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), and the Schedule. This Act has been extended in
its application to:—
(1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941);
(2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I, p. 94;
(3) The Delhi Province see Gazette of India, 1933, Pt. II-A, p. 293;
(4) The whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified);
(5) Dadra and Nagar Haveli (w.e.t. 1-7-1965) by Reg. 6 of 1963, s. 2 and the First Schedule;
(6) Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and the First Schedule;
(7) Goa, Darnan and Diu by Reg. 11 of 1963, s. 3 and the Schedule; and
(8) the whole of the Union territory of Lakshadweep (w.e.f. 1 -10-1967): vide Reg. 8 of 1965, s. 3 and the Schedule . The Act has
been repealed in its application to Bellary District by Mysore Act 14 of 1955.
4. The words “the G.G. in C. or” rep. by the A.O. 1937.
5. Subs. by the A.O. 1950, for “Provincial Government”.
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(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, that is to say:—
timber, charcoal, caoutchouc, catechu, wood -oil, resin, natural varnish, bark, lac, mahua
flowers, mahua seeds 1[ , kuth] and myrabolams, 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
mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and mos s), 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, laterite, mineral oils, and
all products of mines or quarries);
2[(4A) “owner” includes a Court of Wards in respect of property under the superinte ndence or charge
of such Court;]
(5) “river” includes any stream, canal, creek or other channels, natural or artifical;
(6) “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; and
(7) “tree” includes palms, bamboos, stumps, brush-wood and canes.
CHAPTER II
OF RESERVED FORESTS
3. Power to reserve forests.—The 3[State Government] may constitute any forest-land or waste-land
which is the property of Government, or over which the Government has proprietary rights, or to the
whole or any part of the forest -produce of which the Government is entitled, a reserved forest in the
manner hereinafter provided.
4. Notification by 3[State Government].—(1) Whenever it has been decided to constitute any land a
reserved forest, the 3[State Government] shall issue a notification in the 4[Official Gazette]—
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest Settlement -officer”) to inquire into and
determine the existence, 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 as provided in this Chapter.
Explanation.—For the purpose of clause ( b), it shall be sufficient to describe the limits of the forest
by roads, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause ( c) of sub-section (1) shall ordinarily be a person not holding
any forest-office except that of Forest Settlement-officer.
1. Ins. by Act 26 of 1930, s. 2.
2. Ins. by Act 3 of 1933, s. 2.
3. Subs. by the A.O. 1950, for “Provincial Government”.
4. Subs. by the A.O. 1937, for “Local Official Gazette”.
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(3) Nothing in this section shall prevent the 1[State Government ] from appointing any number of
officers not exceeding three, not more than one of whom shall be a person holding any forest -office
except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
5. Bar of accrual of forest-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 into by or on behalf of the Government or some p erson in whom such
right was vested when the notification 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 1[State
Government] in this behalf.
6. Proclamation by Forest Settlement -officer.—When a notification has been issued under
section 4, the Forest Settlement -officer shall publish in the local vernacular in every town and village in
the neighbourhood of the land comprised therein, a proclamation—
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining 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 date of such proclamation, 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 a written notice specifying or to appear before him an d state,
the nature of such right and the amount and particulars of the compensation (if any) claimed in
respect thereof.
7. Inquiry by Forest Settlement -officer.—The Forest Settlement-officer 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 section 5 and not
claimed under section 6 so far as the same may be ascertainable from the records of G overnment 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 authori sed by him for the purpose, upon any land,
and to survey, demarcate 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 claim has be en preferred under section 6 and
of the existence of which no knowledge has been acquired by inquiry under section 7, shall be
extinguished, unless, before the notification under section 20 is published, the person claiming them
satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the
period fixed under section 6.
10. Treatment of claims relating to practice of shifting cultivation. —(1) In the case of a claim
relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting
forth the particulars of the claim and of any local rule or order under which the practice is allowed or
regulated, and submit the statement to the 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[State Government] may make an order permitting or
prohibiting the practice wholly or in part.
(3) If such practic e is permitted wholly or in part, the Forest Settlement -officer may arrange for its
exercise—
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of
a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or
1. Subs. by the A.O. 1950, for “Provincial Government”.
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(b) by causing certain portions of the land under settlement to be separately demarcated, and
giving permission to the claimants to practice shifting cultivation therein under suc h conditions as he
may prescribe.
(4) All arrangements made under sub -section ( 3) shall be subject to the previous sanction of the
1[State Government].
(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control,
restriction and abolition by the 1[State Government].
11. Power to acquire land over which right is claimed. —(1) In the case of a claim to a right in or
over any land, other than a right -of-way or right of pasture, or a right to forest -produce or a watercourse,
the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition
Act, 1894 (1 of 1894).
(3) For the purpose of so acquiring such land—
(a) the Forest Settlement -officer shall be deemed to be a Collector proceeding under the Land
Acquisition Act, 1894 (1 of 1894).
(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance
of a notice given under section 9 of that Act;
(c) the provisions of the preceding sections of that Act shall be deemed to have been complied
with; and
(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties,
may award compensation in land, or partly in land and partly in money.
12. Order on claims to rights of pasture or to forest produce. —In the case of a claim to rights of
pasture or to forest -produce, the Forest Settlement -officer shall pass an order admitting or rejecti ng the
same in whole or in part.
13. Record to be made 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 whole 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 season during which such pasture is permitted, the quantity of timber and other forest -produce which
he is from time to time authori sed to take or receive, and such other particulars at; 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. —(1) After making such record the Forest Settlement -officer shall,
to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of
which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.
1. Subs. by the A.O. 1950, for “Provincial Government”.
9
(2) For this purpose the Forest Settlement-officer may—
(a) set out some other forest-tract of sufficient extent, and in a 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 or der, continuing to such claimants a right of pasture or to forest -produce, as the
case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest,
and under such rules, as may be made in this behalf by the 1[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 said rights to the extent so admitted, he shall, subject to such rules as the
1[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.
17. Appeal from order passed under section 11, section 12, section 15 or section 16.—Any person
who has made a claim under this Act, or any Forest -officer or other person generally or specially
empowered by the 1[State Government] in this behalf, may, within three months from the date of the
order passed on such claim by the Fores t Settlement-officer under section 11, section 12, section 15 or
section 16, present an appeal from such order to such officer of the Revenue Department, of rank not
lower than that of a Collector, as the 1[State Government] may, by notification in the 2[Official Gazette],
appoint to hear appeals from such orders:
Provided that the 1[State Government] may establish a Court (hereinafter called the Forest Court)
composed of three persons to be appointed by the State Government, and, when the Forest Court has been
so established, all such appeals shall be presented to it.
18. Appeal under section 17. —(1) Every appeal under section 17 shall be made by petition in
writing, and may be delivered to the Forest Settlement -officer, who shall forward it without delay t o 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 matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the
neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties
and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of
such Court, as the case may be, shall, subject only to revision by the 1[State Government], be final.
19. Pleaders.—The 1[State Government], or any person who has made a claim under this Act, may
appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-officer, or the
appellate officer or Court, in the course of any inquiry or appeal under this Act.
20. Notification declaring forest reserved. —(1) When the fo llowing events have occurred,
namely:—
(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 disposed 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
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
10
(c) all lands (if any) to be in cluded in the proposed forest, which the Forest Settlement -officer
has, under section 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have
become vested in the Government under section 16 of that Act.
the 1[State Government ] shall p ublish a notification in the 2[Official Gazette ], specifying definitely,
according to boundary -marks erected or otherwise, the limits 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.
21. Publication of translation of such notification in neighbourhood of forest. —The Forest -
officer shall, before the date fixed by such notification, cause a translation thereof i nto the loca l
vernacular to be published in every town and village in the neighbourhood of the forest.
22. Power to revise arrangement made under section 15 or section 18. —The 1[State Government]
may, within five years from the publication of any notification under section 20. revise any arrangement
made under section 15 or section 18, and may for this purpose rescind or modify any order made under
section 15 or section 18, and direct that any one of the proceedings, specified in section 15 be taken in
lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under
section 16.
23. No right acquired over reserved forest, except as here provided. —No right of any description
shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing
made by or on behalf of the 3[Government] or some person in whom such right was vested when the
notification under section 20 was issued.
24. Rights not to be alienated without sanction. —(1) Notwithstanding anything contained in
section 23, no right continued under clause ( c) of sub-section (2) of section 15 shall be alienated by way
of grant, sale, lease, mortgage or otherwise, without the sanction of the 1[State Government]:
Provided that, when any such right is appendant to any land or house, it may be sold or otherwise
alienated with such land or house.
(2) No timber or other forest -produce obtained in exercise of any such right shall b e sold or bartered
except to such extent as may have been admitted in the order recorded under section 14.
25. Power to stop ways and watercourses in reserved forests. —The Forest-officer may, with the
previous sanction of the 1[State Government] or of any officer duly authori sed by it in this behalf, stop
any public or private way or water -course in a reserved forest, provided that a substitute for the way or
water-course so stopped, which the 1[State Government ] deems to be reasonably convenient, already
exists, or has been provided or constructed by the Forest-officer in lieu thereof.
26. Acts prohibited in such forests.—(1) Any person who—
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the 1[State
Government] in this behalf, kindles any fire, or leaves any fire burning, in such manner as to
endanger such a forest;
or who, in a reserved forest—
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this
behalf;
(d) trespasses or pastures cattle, or permits cattle to trespass;
(e) causes any damage by negligence in felling any tree or cutting or dragging any timber;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
3. Subs. the A.O. 1950, for “Crown”.
11
(f) 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, subjects to any manufacturing 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[State Government] hunts, shoots,
fishes, poisons water or sets traps or snares; or
(j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in force, kills or
catches elephants in contravention of any rules so made;
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, in addition to such compensation for damage done to the
forest as the convicting Court may direct to be paid.
(2) Nothing in this section shall be deemed to prohibit—
(a) any act done by permission in writing of the Forest -officer, or under any rule made by the
1[State Government]; or
(b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created
by grant or contract in writing made by or on behalf of the Government under section 23.
(3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the 1[State
Government] may (notwithstanding that any penalty has been inflicted under this section) direct that in
such for est or any portion thereof the exercise of all rights of pasture or to forest -produce shall be
suspended for such period as it thinks fit.
27. Power to declare forest no longer reserved .—(1) The 1[State Government ] may, 2*** by
notification in the 3[Official Gazette], direct that, from a date fixed by such notification, any forest or any
portion thereof reserved under this Act shall cease to be a reserved forest.
(2) From the date so fixed, such forest or portion shall cease to be reserved; but the ri ghts (if any)
which have been extinguished therein shall not revive in consequence of such cessation.
CHAPTER III
OF VILLAGE-FORESTS
28. Formation of village -forests.—(1) The 1[State Government ] may assign to any village -
community the rights of Government to or over any land which has been constituted a reserved forest,
and may cancel such assignment. All forests so assigned shall be called village-forests.
(2) The 1[State Government ] may make rules for regulating the management of village -forests,
prescribing the conditions under which the community to which any such assignment is made may be
provided with timber or other forest -produce or pasture, and their duties for the protection and
improvement of such forest.
(3) All the provisions of this Act relatin g to reserved forests shall (so far as they are not inconsistent
with the rules so made) apply to village-forests.
CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests. —(1) The 1[State Government] may, by notification in the 3[Official Gazette],
declare the provisions of this Chapter applicable to any forest -land or waste-land which is not included in
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. The words “subject to the control of the G.G. in C.” rep. by the A.O. 1937
3. Subs., ibid, for “Local Official Gazette”.
12
a reserved forest, but which is the property of Government, or over which the Government has proprietary
rights, or to the whole or any part of the forests produce of which the Government is entitled.
(2) The forest-land and waste -lands comprised in any such notification shall be called a “protected
forests”.
(3) No such notification shall be made unless the nature and extent of the rights of Government and of
private persons in or over the forest -land or waste -land comprised therein have been inquired into and
recorded at a survey or settlement, or in such other manner as the 1[State Government] thinks sufficient.
Every such record shall be presumed to be correct until the contrary is proved:
Provided that, if, in the case of any forest -land or waste -land, the 1[State Government] thinks that
such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to
endanger th e rights of Government, the 1[State Government ] may, pending such inquiry and record,
declare such land to be a protected forest, but so as not to abridge or affect any existing rights of
individuals or communities.
30. Power to issue notification reserving trees, etc.— The 1[State Government] may, by notification
in the 2[Official Gazette],—
(a) declare any trees or class of trees in a protected forests to be reserved from a date fixed by the
notification;
(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[State Government] thinks fit, and that the rights of private
persons, if any, over such portion shall be suspended during such term, provided that the remainder of
such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights
suspended in the portion so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone , or the burning of lime or
charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest -
produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding
cattle or for any other purpose, of any land in any such forest.
31. Publication of translation of such notification in neighbourhood. —The Collector shall cause
a translation into the local vernacular of every notification issued under section 30 to be affixed in a
conspicuous plac e in every town and village in the neighbourhood of the forests comprised in the
notification.
32. Power to make rules for protected forests. —The 1[State Government ] may make rules to
regulate the following matters, namely:—
(a) the cutting, sawing, conversion and removal of trees and timber, and the collection,
manufacture and removal of forest-produce, from protected forests;
(b) the granting of licenses 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 the production and return of
such licenses by such persons;
(c) the granting of licenses to persons felling or removing trees or timber or other forest -produce
from such forests for the purposes of trade, and the production and return of such licenses by such
persons;
(d) the payments, if any, to be made 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 payments, 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;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
13
(g) the clearing and breaking up of land for cultivation or other purposes in such forests;
(h) the protection from fire of timber laying in such forests and of trees reserved under section 30;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, fishing, poisoning water an d setting traps or snares in such forests, and the
killing or catching of elephants in such forests in areas in which the Elephants Preservation Act, 1879
(6 of 1879), is not in force;
(k) the protection and management of any portion of a forest closed under section 30; and
(l) the exercise of rights referred to in section 29.
33. Penalties for acts in contravention of notification under section 30 or of rules under
section 32.— (1) Any person who commits any of the following offences, namely:—
(a) fells, girdles, lops, taps or burns any tree reserved under section 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 stone, or burns any lime or
charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other
purpose any land in any protected forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its
spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed
portion of such forest;
(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;
(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to damage any such tree;
(h) infringes any rule made under section 32;
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.
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest -produce shall be
suspended for such period as it thinks fit.
34. Nothing in this Chapter to prohibit acts done in certain cases. —Nothing in this Chapter shall
be deemed to prohibit any act done with the permission in writing of the Forest -officer, or in accordance
with rules made under section 32, or, except as regards any portion of a forest closed tinder section 30, or
as regards any rights the exercise of which has been suspended under section 33, in the exercise of any
right recorded under section 29.
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING
THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes. —(1) The 1[State Government] may, by notification
in the 2[Official Gazette], regulate or prohibit in any forest or waste-land—
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
14
when such regulation or prohibition appears necessary for any of the following purposes:—
(i) for protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the
prevention of landslips or of the formation of ravines, and torrents, or the protection of land against
erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
(2) The 1[State Government] may, for any such purpose, construct at us own expense, in or upon any
forest or waste-land, such work as it thinks fit.
(3) No notification shall be made under sub -section ( 1) nor shall any work be begun under
sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show
cause, within a reasonable period to be specified in such notice, why such notification should not be made
or work constructed, as the case may be, and until his objections, if any, and any evidence he may
produce in support of the same, have been heard by an officer duly appointed in that behalf and have been
considered by the 1[State Government].
36. Power to assume management of forests. — (1) In case of neglect of, or willful disobedience to,
any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that
section so require, the 1[State Government] may, after notice in writing to the owner of such forest or land
and after considering his objections, if any, place the same under the control of a Forest -officer, and may
declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or
land.
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said
owner.
37. Expropriation of forests in certain cases . — (1) In any case under this Chapter in which the
1[State Government] considers that, in lieu of placing the forest or land under the control of a Forest -
officer, the same should be acquired for public purposes, the 1[State Government] may proceed to acquire
it in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).
(2) The owner of any forest or land comprised in any notification under section 35 may, at any time
not less than three or more than twelve years from the date thereof, require that such forest or land shall
be acquired for public purposes, and the 1[State Government ] shall acquire such forest or land
accordingly.
38. Protection of forests at request of owners. —(1) The owner of any land or, if there be more than
one owner thereof, the owners of shares therein amounting in the aggregate to at least two -thirds thereof
may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector
their desire—
(a) that such land be managed on their behalf by the Forest -officer as a reserved or a protected
forest on such terms as may be mutually agreed upon; or
(b) that all or any of the provisions of this Act be applied to such land.
(2) In either case, the 1[State Government] may, by notification in the 2[Official Gazette], apply to
such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be
desired by the applicants.
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
15
CHAPTER VI
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest -produce. — (1) The 1[Central Government]
may levy a duty in such manner, at such places and at such rates as it may declare by notification in the
2[Official Gazette] on all timber or other forest-produce—
(a) which is produced in 3[the territories to which this Act extends], and in respect of which the
4[Government] has any right;
(b) Which is brought from any place outside 3[the territories to which this Act extends]:
5* * * * *
(2) In every case in which such duty is directed to be levied ad valorem, the 1[Central Government]
may fix by like notification the value on which such duty shall be assessed.
(3) All duties on timber or other forest -produce which, at the time when this Act comes into force in
any territory, are levied therein under the authority of the 6[State Government], shall be deemed to be and
to have been duly levied under the provisions of this Act.
7[(4) Notwithstanding anything in this section, the 6[State Government] may, until provision to the
contrary is made by 8[Parliament], continue t o levy any duty which it was lawfully levying before the
commencement9 of 10[the Constitution], under this section as then in force:
Provided that nothing in this sub -section authorises the levy of any duty which as between timber or
other forest-produce of the 11[State] and similar produce of the locality outside the 11[State] discriminates
in favour of the former, or which, in the case of timber or other forest -produce of localities outside the
11[State], discriminates between timber or other forest -produce of one locality and similar timber or other
forest-produce of another locality.]
40. Limit not to apply to purchase money or royalty. —Nothing in this Chapter shall be deemed to
limit the amount, if any, chargeable as purchase -money or royalty on any timbe r or other forest-produce,
although the same is levied on such timber or produce while in transit, in the same manner as duty is
levied.
CHAPTER VII
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest produce.—(1) The control of all rivers and
their banks as regards the floating of timber, as well as the control of all timber and other forest -produce
in transit by land or water, is vested in the 6[State Government], and it may make rules to regu late the
transit of all timber and other forest-produce.
(2) In particular and without prejudice to the generality of the foregoing power such rules may—
(a) prescribe the routes by which alone timber or other forest -produce may be imported, exported
or moved into, from or within 12Excerpt shown. Open the full act in Lexace.