The Odisha Forest Act, 1972.

1
ODISHA ACT 14 OF 1972
(Assented to by the President on the 29th June, 1972)
An Act to consolidate and amend the laws relating to the protection
and management of forests in the State.
Be it enacted by the legislature of the State of Odisha in the Twenty-
third year of the republic of India as follows :
1Statement of Objects and Reasons : There are now to Forest Acts
in application in the State of Odisha, i.e. the Indian Forest Act, 1927 and
the Madras Forest Act, 1882. Except for the Districts of Koraput, Ganjam
and part of Phulbani districts (Baliguda and G. Udayagiri Taluks) where the
Madras Forest Act, 1882 is in force, the rest of the area is covered by the
Indian Forest Act, 1927. The existence of two Acts quite often creates
confusion and also administrative difficulty. The existence of the two Acts
imposed an extra strain on the Government machinery with no
commensurate advantage and this could be avoided by one unified Act.
The necessity for a unified Forest Act was felt quite early and in pursuance
of that, a Bill was introduced in the State Legislative Assembly in the year
1942. But for reasons unknown this was dropped. The necessity for such
an Act has been commanded by the Forest Enquiry Committee of Odisha
in its report in 1959.
2. Further, a Sub-Committee of the Central Board of Forestry had
recommended amendment of certain clauses giving the development of
forests and the interest of forest produce a paramount consideration. There
are a number of other States like Kerala, Gujarat, Andhra Pradesh, etc.,
which have already enacted independent Forest Acts and we have had the
advantage of taking the best part of those Acts while unifying the
management of forests in this State has been taken into consideration to
bring the law up-to-date. Generally the sequence followed is of the Indian
Forest Act through this Bills has freely drawn from the Madras Forest Act
and other existing State Forest Acts for convenience.
3. This Bill seeks to fulfill the above object.
* Odisha Gazette, Extraordinary No. 1014-D/14.7.1972- Notification No. 7481-
Legis-D/11.7.1972
1. For Statement of Objects and Reasons, See Odisha Gazette Extraordinary No.
908, dated 23.7.1971 and for Report of the State Committee see ibid No. 5-A
dated 3.1.1972.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1014-D Dated. 14 July, 1972
2
CHAPTER - I
PRELIMINARY
1. Short title, extend and commencement :– (1) This Act may be
called the Odisha Forest Act, 1972.
(2) It extends to the whole of the State of Odisha
(3) It shall come into force at once.
2. Definitions :–  In this Act, unless the contest otherwise requires—
(a) “Cattle”  means cows, oxen, bulls and calves and includes
elephants, camels, buffaloes, horses, mares, geldings, ponies,
colts, fillies, mules, asses, pies, rams, ewes, sheep, lambs,
goats, kids and such other kinds of animals as the State
Government may, by notification, specify;
(b)-(d)1[***]
(e) “Forest Offence”  means an offence punishable under this Act
or under the rules and includes the abetment of a forest offence;
2[(f) “Forest Officer”
(i) any person whom the State Government or any officer
empowered by the 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
made  thereunder to be done by a Forest Officer, and
who may be designated as Principal Chief Conservator
of Forests, Additional Principal Chief Conservator of
Forests, Chief Conservator of Forests, Conservator of
Forests, Deputy Conservator of Forests or Divisional
Forest Officer, Working Plan Officer, Silviculturist,
Assistant Conservator of Forests, Forest Range Officer,
Deputy Ranger or Forester; and
(ii) Such other persons who are notified by the State
Government to perform all or any of the functions of a
forest officer under this Act or any rule or order made
thereunder, but does not include Forest Settlement
Officer.]
(g) “Forest produce”  includes :—
(i) the following whether found in, or brought from a forest or
not, that is to say :-
(a) timber, charcoal, caoutchouc catechu, wood-oil, resign,
natural varnish, bark, Tussay Cocoon, lac, gums, roots
of Patal Guruda, Mahua flowers, mahua seeds,
myrabolans, Kendu leaves, sandal wood, tamarind, hill
broom, Siali leaves, Siali fibres, Sal seeds;
1. Clauses (b), (c) and (d) omitted vide O.A. No. 12 of 2003 Notfn. No. 6282/
Legis. dt.5.5.2003 O.G.E. No. 660, dt. 5.5.2003.
2. Substituted ibid.
3
(b) wild animals and wild birds, skins, tusks, horns, bones
and all other parts or produce of wild life; and
(c) such other produce as may be notified by the State
Government; and
(ii) the following when found in or brought from a forest that is to
say :
(a) trees and leaves, flowers and fruits and all other parts
or produce of trees not herein before mentioned;
(b) plants not being trees (including grass, creepers, reeds
and moss) and all parts or produce of such plants;
(c) honey, wax and arrowroot;
(d) peat, surface oil, rock, sand and minerals (including
limestone, laterite; mineral oils and all products of mines
or quarries);
(h) “Owner” in relation to a forest, includes a mortgage in
possession, lessee or other person having right to the
possession of or enjoyment of the forest;
(i) “Prescribed”  means as prescribed by Rules made under this
Act;
(j) 1[***]
(k) “River”  includes streams, canals, back waters, creeks and
other channels, natural or artificial;
(l) “Rule”  means any rule made under this Act;
(m) “Sandal wood”  means the wood derived out of any part of
Chandan tree and includes chips, dust or powder of such wood;
(n) “Timber” includes trees fallen or felled and all wood cut up or
sawn; and
(o) “Tree”  includes palms, bamboos stumps, brushwood and
canes.
NOTES
(1) Sec. 2(g)(c)  — When bamboo becomes a Forest Produce -
discussed.
Held, on an analysis or interpretation of Clause (II) of Sub-Sec. (g),
read with Sub-Sec. (c) of Sec. 2 of this Act, it is evident that it only when
bamboo is found and brought from the forest it becomes a forest produce,
and it is not a forest produce, if found and brought from any private land,
which does not come with the ambit of the definition of Forest — 1997(II)
OLR-354, AIR 1998, Odisha - 54.
(2) Sec. 2(c), 2(g), 2(o) and 56 — Seizure due to forest offence —
Forest Officer’s findings based on surmises and conjectures - Bamboo
obtained from any private land is not a forest produce - 1997(II) OLR-354.
(3) Sec. 2(9)  — Siali leaves - whether a forest produce or not -
whether Siali plant planted and leaves of such plant obtained, requires
1. Omitted vide O.A. No. 12 of 2002 Notfn. No. 6282/Legis. O.G.E. No. 660
dt.5.5.2003.
4
transit permit or not - Since the same does not come within the ambil of
forest produce, transit permit is not necessary - 32 (1990) OJD-565 (Civil).
(4) Section 2(g) - Odisha Forest Produce and other Timber Transit
Rules, 1980 — Rules 4 and 5 — Siali leaves come within the ambit of
Forest produce under Section 2(g) of the Act — under certain specified
conditions, for transport of the said Forest Produce, transit permit is a pre-
condition — 32 (1990)-565 OJD (Civil).
(5) Section 2(g) - Odisha Timber and other Forest Produce Transit
Rules, 1980 — Rules 2(1)(h), 5 and 7 - whether firewood obtained from
forest is a Forest Produce or not ? Held - yes - 32(1990) OJD-502 (Crimes).
(6) Sec. 2(g) - Odisha Timber and other Forest Produce Tansit Rules-
1980, Rules 2(I)(h), 5 and 7 - Firewood of the forest, is a Forest Produce-
1990 (II) OLR-400.
(7) Section 2(g) (1) (a), 27(2) (6) and Section 27(3)(b)  – Accused
was found removing sal log from the forest area. It is not an offence under
Sec. 27(2) (b) but comes under the purview of Sec.27(3)(b) - Before
amendment in 1983, the punishment for such offence was two (2) years
and the period of limitation is three (3) years - The case was disposed of
not on its merit but on the point of limitation by the trial court - The finding
with regard to limitation was also wrong - Hence acquittal set-aside and
case remanded for fresh trial - 1989(II) OLR-441.
CHAPTER - II
OF RESERVED FORESTS
3. Power to reserve forests :–  The State Government may constitute
any land which is the property of Government or over which the Government
have proprietary rights of a reserved forest in the manner hereinafter
provided.
4. Notification by State Government :–  (1) Whenever it is proposed
to constitute any land a reserved forest, the State Government shall issue
a notification in the Official Gazette:
(a) declaring that it is proposed to constitute such land, a reserve
forest;
(b) specifying, as nearly as possible, the situation and limits of
such lands; and
(c) appointing an officer (hereinafter called “The Forest Settlement
Officer”) to inquire into and determine the existence’, nature
and extend of any rights or privileges 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, bridges or other well
known or readily intelligible boundaries.
5
(2) The Officer appointed under Clause (c) of Sub-Sec. (1) shall
ordinarily be a person not holding any forest office except
that of a Forest Settlement Officer.
(3) The Divisional Forest Officer not below the rank of a Range
Officer authorised by him in that behalf, may represent the
Forest Department at the enquiry conducted under this Chapter.
5. Bar to accrual of forest rights and bar of suits :– (1) 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
State Government or some person in whom such right was vested when
the notification was issued; and no fresh clearing or breaking of land for
cultivation or for any other purpose or construction of shed or other
structures shall be made in such land except in accordance with such
rules as may be made by the State Government in that behalf.
(2) Save as otherwise provided in this Act, no Civil Court shall,
between the date of publication of the notification under Section 4 and of
the notification to be issued under Section 21, entertain any suit to establish
any right in or over any land included in the notification published under
Section 4.
6. Proclamation by Forest Settlement Officer :– When a notification
has been issued under Section 4 the Forest Settlement Officer, in the
prescribed manner, publish in Oriya in every town and village in the
nighbourhood 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 and state the nature,
of such right and the amount and particulars of the
compensation, if any claimed in respect thereof.
7. Inquiry by the Forest Settlement Officer :– (1) The Forest
Settlement Officer shall take down in writing all statements made under
Section 6 and shall at some convenient place in the locality, inquire into all
claims duly preferred under that Section, and existence of any rights
mentioned in Section 4 or 5 and not claimed under Section 6 so far as the
same may be ascertainable from the records of Government and the
evidence of any person likely to be acquainted with the same.
(2) The Forest Settlement Officer shall also record any representation
which the Forest Officer, if any, representing the Forest Department under
6
Sub-Section (3) of Section 4 or the Divisional Forest Officer may in respect
of any such objection or claim.
8. Power of Forest Settlement Officer :–  For the purpose of such
enquiry, the Forest Settlement Officer may exercise the following powers,
that is to say—
(a) power to enter or authorise any person to enter 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
been 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 publication of the notification under Section 21, the person
claiming the same satisfies the Forest Settlement Officer that he had
sufficient cause for not preferring such claim within the period fixed under
Section 6.
NOTES
Land does not come within the ambit of Sec. 3 - AIR 1977 Allahabad-
192 may be seen with regard to scope and extinguishment of right.
10. Claims relating to practice of shifting cultivation :–  (1) Claims
relating to the practice of shifting cultivation in any land notified under
Section 4 shall not be admitted but if the Forest Settlement Officer considers
that some portion of the land under settlement needs to be excluded to
provide sufficient land for cultivation, he may, after considering the
objections of the Forest Officer, if any, representing the Forest Department,
under Sub-Section (3) of Section 4 or the Divisional Forest Officer, make a
report to the State Government containing his recommendations for
alteration of the limits of the land.
(2) The State Government may, after considering the
recommendations so made, sanction the alteration proposed by the Forest
Settlement Officer either in whole or with such modifications as they deem
fit and thereupon the Forest Settlement Officer shall pass an order altering
the limits of the land as sanctioned by the State Government.
(3) The practice of shifting cultivation shall, in all cases, be deemed
a privilege subject to control, restriction and abolition by the State
Government.
11. Power to acquire land over which right is claimed :– (1) In the
case of 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 water course or to use of
water the Forest Settlement Officer shall pass an order admitting or rejecting
the same in whole or in part after considering the particulars of such
claims and the objection of the Forest Officer, if any, representing the
Forest Department under Sub-Section (3) of Section 4 or the, Divisional
Forest Officer.
(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;
(ii) come to an agreement with the owner thereof for the surrender
of his rights; or
7
(iii) proceed to acquire such land in the manner provided by the
Land Acquisition Act, 1894 (1 of 1894).
(3) For the purpose of such acquisition —
(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
Sec. 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, with the
consent of both the parties, may award compensation in the
form of land, or partly in the form of land and partly in money.
(4) The Forest Settlement Officer shall serve a copy of every order
passed under this Section on the claimant and also on the Forest Officer
who attended the enquiry under Sub-Section (3) of Section 4 and if no
such officer attended, on the Divisional Forest Officer.
12. Claims to right of way, right to water-course or to use of water,
etc. :– (1) In the case of a claim to right of way, right to water course or
to use of water, the Forest Settlement Officer shall, after considering the
objections of the Forest Officer, if any, representing the Forest Department
under Sub-Sec. (3) of Section 4 or the Divisional Forest Officer, either
come to an agreement with the claimant for the surrender of the right or
pass an order for continuance of the exercise of such right subject to such
conditions as may be agreed upon between the Forest Department and
the claimant or where no such agreement is reached, as the Forest
Settlement Officer may impose.
(2) In the case of claims to rights of pasture or to forest produce the
Forest Settlement Officer shall pass an order admitting or rejecting the
same in whole or in part after considering the objections of the Forest
Officer representing the Forest Department under Sub-Sec. (3) of Section
4 or of the Divisional Forest Officer.
(3) A copy of every order passed under this Section, shall be served
on the claimant by the Forest Settlement Officer and another copy shall be
forwarded to the Forest Officer who attended the enquiry or if no such
officer attended, to the Divisional Forest Officer.
13. Record to be made by the Forest Settlement Officer :– The
Forest Settlement Officer, when passing any order under Section 12, shall
record in as precise terms as possible and so far as may be practicable —
(a) the name, father’s name, 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 right is claimed.
8
14.  Record where he admits claims :– If the Forest Settlement
Officer admits in whole or in part any claim under Sub-Sec. (2) of 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 admitted, the quantity of timber and other forest produce
which he is, from time to time, authorised to take or receive, and such
other particulars, as the case may require. He shall further record whether
the timber or other forest produce obtained on such authorisation may be
sold or bartered.
15. Exercise of rights admitted :– (1) After making such records,
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.
(2) For the said purpose, the Forest Settlement Officer may -
(a) set out some other forest tract of sufficient extent, and in a
locality reasonably convenient for the purpose of such
claimants, and make 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) make an order continuing in favour of such claimants a right
of pasture or to forest produce, as the case may be, to the
extent so admitted, during such seasons and within such
portions of the proposed forests, as he may fix and subject to
such Rules as may be made in this behalf.
(3) A copy of every order passed under this Section shall be served
on the claimants by the Forest Settlement Officer and another copy shall
be forwarded to the Forest Officer who attended the enquiry or if no such
officer attended, to the Divisional Forest Officer.
16. Commutation of rights :– If on the representation of the Divisional
Forest Officer, the Forest Settlement Officer is satisfied that the exercise
of any private right is inconsistent with the maintenance, preservation of
development of a reserve forest, he shall proceed to acquire such right
and shall, subject to such Rules as the State Government may make in this
behalf, commute such rights by the payment to such persons of a sum
money in lieu thereof or by the grant of land, or in such other manner, as
he thinks fit.
17. Appeal from orders passed under Section 11, 12, 15 or 16 :–
Any person who has made a claim under this Act, or any Forest Officer or
other person generally or specially empowered by the State Government
in this behalf, may, within three months from the date of the order passed
to such claim by the Forest Settlement Officer under Sections 11, 12, 15
9
or 16, present an appeal from such order to the Collector of the district
who may dispose of the appeal himself or may transfer the same to the
Additional District Magistrate for disposal.
NOTES
Whether the Forest Settlement Officer is a Court or not? - AIR 1975
SC - 2085.
18. Appeal under Section 17 :– (1) Every appeal under Sec. 17 shall
be made by a memorandum in writing and may be delivered to the Forest
Settlement Officer, who shall forward it forthwith to the authority competent
to hear the same.
(2) The procedure for filing and disposal of appeals shall be the
same as is provided under Order XLI of the Code of Civil Procedure, 1908
(5 of 1908).
19. Power of revision :– (1) The Board of Revenue may, on an
application made in that behalf by any person aggrieved by an appellate
order under Section 18 within the months from the date of the order,
confirm, modify or set aside such order :
Provided that no orders under this Sub-Section shall be made without
giving the parties concerned a reasonable opportunity of being heard.
(2) The Board of Revenue may, by order in writing and subject to,
such conditions, as may be specified therein, delegate its powers under
this Section to any officer not below in rank to the Revenue Divisional
Commissioner and may in like manner withdraw the powers so delegated.
20. Pleaders :– The State Government or any person who has made
a claim under this Act, may appoint any person to appear, plead and act
on their or his behalf before the Forest Settlement Officer or the appellate
or revisional authority in the course of any inquiry, appeal or revision under
this Act.
21. Notifications declaring forest reserved :– (1) When the following
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 preferring appeals 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 authority;
(c) if any such appeals have been presented, the period limited
by Section 19 for making an application for revision of the
appellate order has elapsed, and all applications, if any, made
within such period have been disposed of by the revisional
authority; and
(d) lands, if any, to be included 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 State Government under Section
16 of that Act.
10
the State Government may publish a notification specifying
accordance to boundary marks erected or otherwise, the limits of the
forest which is to be reserved, and declaring the same to be reserved with
effect from a date to be specified in the notification.
(2) From the date so specified such forest shall be deemed to be a
reserved forest.
1[(3) Production of an authenticated copy of notification published
under Sub-Sec. (1) shall be conclusive proof that the forest, the limits
whereof have been specified therein, is a reserved forest.]
22. Publication of translation of such Notification in neighbourhood
of forests :–  The Divisional Forest Officer shall before the date specified in
the notification issued under Section 21, cause a translation thereof into
Oriya to be published at a conspicuous place in every town and village in
the neighbourhood of the forest and also in such other manner as may be
prescribed.
23. Powers to revise arrangement made under Section 15 or Section
18 :–  The State Government may, at any time after the publication of any
notification under Section 21, revise any arrangement made under Section
15, Section 18 or Section 19 and may for this purpose rescind or modify
any order made under Section 15, Section 18, or Section 19 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 :
Provided that no order under this Section shall be made without
giving parties concerned a reasonable opportunity of being heard.
24. No right to be acquired over reserved forest except as herein
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 State Government or some person in whom such
right was vested when the notification under Section 21 was issued.
25. Rights not to alienate without sanction :– (1) Notwithstanding
anything contained in Section 24, 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 State Government.
Provided that, when any such right is appendant to any land or
house, it may be sold or otherwise alienated along with such land or house.
(2) No timber or other forest produce obtained in exercise of any
such right shall be sold or bartered except to such extent as may have
been admitted in the order recorded under Section 14.
26. Power of stop ways and water courses in reserved forests :–
The Divisional Forest Officer may, in the interests of the general public
and without the previous sanction of the State Government or of any
1. Added by Odisha Act 9 of 1983-See Odisha Gazette. Ext. No. 444-D/18.4.1983.
11
officer duly authorised by them in this behalf, close any public or private
way or water course or stop the use of water in a reserved forest :
Provided that a substitute for the way or water course so closed or,
as the case may be, an alternative arrangement for the use of water so
stopped, which the State Government deems to be reasonable, convenient
and already exists, or has been provided for or constructed by the Divisional
Forest Officer in lieu thereof.
27. Offences :–  (1) The person who —
(a) makes any fresh clearing or causes breaking of land which is
prohibited under Section 5;
1[(b) sets fire to a forest land in respect of which a notification
under Section 4 has been issued, or kindles any fire or leaves
any fire burning in such forest land in such manner as to
endanger the forest land, or fells, gridles, lops any tree or
strips off the bark or leaves from any tree in such land, or
otherwise damages the same or causes damage to any forest
produce in such land, or quarries stone, burns lime or charcoal
or subjects to manufacturing process any forest produce in
such land, or collects or removes any forest produce from
such land, in contravention of any rule.]
shall be punishable with imprisonment for a term which may extend
to 1[one year and with fine which may extend to one thousand rupees]
2[***]
(2) Any person who in a reserved forest —
(a) trespasses or pastures cattle or permits cattle to trespass; or
(b) causes any damage by negligence in felling any tree or cutting
or dragging any timber or removing any forest produce.
1[shall be punishable with fine which may extend to -
(i) one thousand rupees for an offence under Clause (a);
and
(ii) two thousand rupees for an offence under Clause (b),
in addition to such compensation for the damage done
to the forest, which in no case shall be less than the
value of the property damaged, as the convicting Court
may direct to be paid.]
(3) Any person who 3[sets fire to a reserved forest or] who in a
reserved forest —
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt. 5.5.2003.
2. Deleted vide Odisha Act 9 of 1983, O.G.E. No. 444, D/18.4.1983.
3. Inserted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660 dt.
5.5.2003.
12
(a) 1[kindles, keeps or carries any fire or fells], gridles, lops or
burns any tree or plant or strips off the bark or leaves from or
otherwise damages the same or causes damage to any forest
produce;
(b) quarries stone, burns lime or charcoal or collects, subjects to
manufacturing process or removes any forest produce;
(c) clears or breaks up any land for cultivation or for any other
purpose, or cultivates or attempts to cultivate any land in any
manner or puts up any sheds or other structure; or
(d) in contravention of any Rule made in this behalf by the State
Government hunts, shoots, fishes, poisons water or sets traps
or snares.
shall be punishable with imprisonment for a term 1[which shall not
be less than three years but may extend to seven years and with fine
which may extend to ten thousand rupees]. 2[***]
1[(4) When a person is convicted for an offence under Clause (a) of
Sub-Section (1), the Court shall order eviction of the offender from the
land in relation to which the offence has been committed and, on such
order being made, all sheds or structures on such land shall be demolished
and if the Court so orders, the crop, if any standing on the land shall be
seized and confiscated to the State Government.]
(5) Orders passed and actions to be taken under Sub-Section (4)
may be executed by a Police Officer not below the rank of Sub-Inspector
or a Forest Officer not below the rank of Range Officer as the Court may
direct.
(6) Nothing in this section shall be deemed to prohibit.
(a) any act done by permission in writing of the Divisional Forest
Officer or an officer authorised by him in that behalf or under
any rule made by State Government; or
(b) the exercise of any right continued under Clause (c) of Sub-
Section (2) of Section 15, of created by grant or contract in
writing made by or on behalf of the State Government as is
referred to in Section 24.
NOTES
(1) Charge under Section 27 - Authorised Officer’s finding was that
bamboo was not proved to have been from the reserved forest - Held,
Charge was, not proved under Sec. 27 - 1997 (II) OLR-354; AIR-1998
Odisha-54.
(2) Section 27(2) (6) and 27(3) (B) - A sal log, which is a timber was
found to be removed from a reserve forest by a person which is an offence
1. Substituted ibid.
2. Deleted vide Odisha Act 9 of 1983 O.G.E. No. 444, dt. 18.4.1983.
13
under Section 27(3) (B) and punishable with two years imprisonment -
1989 (II) OLR-441.
(3) Sections 27(2) (b) and 3(B)  - (Prior to amendment by Act 9 of
1983) - Period of limitation Timber was found to be removed by the accused-
There was no felling of trees and therefore no - damage to the reserve
forest - Held offence is covered not by Section 27(2) (B) but by Sec.
27(3)(B) and punishment is two years imprisonment and limitation period
is three years 1990 Cri.L.J. 1585 (Odisha), 1989 (II) OLR 441.
(4) Section 27 read with Section 46  - Without permission cutting
and removing of trees - offence committed and prosecuted S.D.J.M.
Dharmagarh acquitted the accused - Appeal No dispute of evidence of
cutting trees - Accused guilty of offence Appropriate conviction and
sentence ordered. 2005 (II) O.L.R. 352.
(5) Section 27 read with Section 46 - Illegal cutting and removing of
trees - Magistrate acquitting the accused - Appeal - Accused not disputing
the evidence of felling of trees - Non-production of document showing
permission to cut and remove the trees - Accused guilty of offence -
Direction on conviction and sentence issued : 2005 (II) OLR 352 : 100
(2005) CLT 255.
(6) Section 27(1)(a) - Odisha Timber and Other Forest Produce Transit
Rules - Rule 21 - Cognizance under - Occurrence took place in 1988 -
Cognizance of offence taken on 20.1.1990 - Meantime more than 15
years have been elapsed - Quashing of proceeding - Offences are punishable
with imprisonment less than one year - Cognizance ought not have been
taken of the said offences because of the limitation under Sec. 468(i)(b),
Cr.P.C.- A petition under Sec. 482, Cr.P.C. should not be entertained
when there is much delay in filing it - To secure the ends of justice and
undo the wrong there is no fetter to exercise the power under Sec. 482,
Cr.P.C.- Petition under Sec. 482, Cr.P.C. is allowed and the entire
proceeding is quashed : 2007 (II) OLR 111 : (2007) 36 OCR 887 : CLT
(2007) Suppl. Crl. 503.
28. Suspension of rights in reserved forest :— Whenever in a reserved
forest -
(a) fire is caused wilfully or by gross negligence; or
(b) theft to forest produce occurs and such theft, is in the opinion
of the State Government on such a scale as to be likely to
imperil the future yield of such forest.
The State Government may, on the recommendation of the Collector
of the district, direct that in such forest or any portion thereof the exercise
of all rights of pasture or to forest produce shall be suspended for such
period as they may think fit :
Provided that before making any recommendation to the State
Government, the Collector shall give the persons concerned a reasonable
opportunity of being heard.
14
29. Power to declare Forest no longer reserved :– (1) The State
Government may, by notification, direct that with effect from such date
as may be specified therein, any forest declared to be a reserved forest
under this Act or any portion thereof shall cease to be a reserved forest.
(2) With effect from the aforesaid date such forest or portion of the
forest shall cease to be a reserved forest but the rights therein, if any
which have been extinguished shall not revive in consequence of such
cessation.
(3) Whenever any reserved forest or any portion thereof ceases to
be a reserved forest by virtue of a notification issued under Sub-Section
(1), the State Government shall, as far as practicable, constitute other
lands equal in area to the reserved forest so notified, to be a reserved
forest in accordance with the provision of this Chapter.
CHAPTER - III
OF VILLAGE FORESTS
30. Constitution of village forest :– (1) The State Government may,
by notification constitute any land at their disposal to be a village forest
for the benefit of any village community or group of village communities
and may in like manner vary or cancel any such notification.
(2) Every such notification shall specify the limits of such village
forest.
Explanation :– “Land at the disposal of Government” includes all
unoccupied land, all temporarily occupied land or occupied without
permission whether assessed or unassessed, and all communal forests
but does not include and recorded in the name of any private person or
institution in the record-of-rights in force which is prepared and maintained
or is deemed to be prepared and maintained under the Odisha Survey and
Settlement Act, 1958 (Odisha Act 3 of 1959).
31. Power to make rules for village forests :– (1) The State
Government may make rules for regulating the management of village
forests and for prescribing the conditions under which the community or
group of communities for the benefit of which any such village forest is
constituted may be provided with forest produce or with pasture, and
their duties in respect of the protection and improvement of such forest.
(2) The State Government may by such Rules, declare all or any of
the provisions of Chapter II to be applicable to village forests.
32. Inquiry into and settlement of rights :– All claims to any right
other than the rights of the village community or group of village
communities for the benefit of which such village forest is constituted,
shall be inquired into; recorded and provided for in such manner as may be
prescribed.
15
CHAPTER - IV
OF PROTECTED FORESTS
33. Protected forest :– (1) The State Government may, by notification
declare the provisions of this Chapter applicable to any land which is not
included in a reserved forest, but which is the property of Government or,
over which the Government have proprietary rights.
(2) The lands comprised in any such notification shall be called a
“protected forest”.
(3) No such notification shall be issued unless the nature and extent
of the rights of Government and of private persons and village communities
in or over the land comprised therein have been inquired into and recorded
at a survey or settlement, or in such other manner as may be prescribed
any every such record shall be presumed to be correct until the contrary is
proved :
Provided that if in the case of any land, the State Government are of
the opinion that the enquiry and recording as aforesaid are likely to occupy
such length of time as in the meantime to endanger the rights of
Government, they may, pending such inquiry and recording declare such
land to be protected forest, but so as not to abridge or affect any existing
rights of individuals of communities.
(4) Lands at the disposal of Government to which the provisions
contained in Chapter III of the Madras Forest Act, 1882 (Madras Act 5 of
1882) were applicable immediately prior of the coming into force of this
Act shall be deemed to be “protected forest” under this Act.
NOTES
Section 33 - Meaning of protected forest - law, not included in a
reserve forest, is a protected forest - Notification under Section 34 is to be
issued in case of un-reserved forest whereby declaration be made for the
applicability of Chapter IV of the Act - 1992 (II) OLR-185.
34. Power to issue notification reserving trees, etc. :– The State
Government may by notification :
(a) declare any trees or class of tree in a protected forest to be
reserved from a date to be specified in the notification;
(b) prohibit, from a date to be specified 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 braking up or clearing
for cultivation, for building, for rearing cattle or for any other
purposes, of any land in any such forest ;
(c) declare that any portion of such forest as may be specified in
the notification shall be closed to grazing and removal of any
forest produce for such time as the State Government thinks
fit for the plantation and natural growth of the forest.
16
Provided that in making a declaration under Clause (c) the State
Government shall have due regard to the grazing facility of cattle.
35. Publication or translation of such notification in neighbourhood:–
The Divisional Forest Officer shall cause translation into Oriya of every
notification issued under Section 34 to be affixed in a conspicuous place
in every town and village in the neighbourhood of the forest comprised in
the notification.
36. Powers to make rules for protected forests :– The State
Government may make rules to control and 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 forest;
(b) the granting of licences to the inhabitants of towns and villages
in the vicinity of protected forest to take trees, timber or other
forest produce for their own use, and the production and return
of such licences by such persons;
(c) the granting of licences to persons for 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
licences by such persons.
(d) the payments, if 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 payment, if any to be made by them in respect of
such trees, timber and other forest produce, and the places
where such payment shall be made;
(f) the examination of forest produce passing out of such forests;
(g) the alienation, clearing and breaking up land for cultivation or
other purposes in such forests;
(h) the protection from fire of timber lying in such forests and of
trees reserved under Section 34;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, poisoning water, setting traps or snares
and collection of wild life in such forests;
(k) the protection and management of any portion of a forest
notified under Section 34; and
(l) the exercise of rights referred to in Section 33.
37. Penalties for acts in contravention of notification under Section
34 or of Rules under Section 36 :– (1) Any person who —
(a) fells, gridles, lops, traps or burns any trees reserved under
Section 34, or strips off the bark or leaves from, or otherwise
damages any such tree;
17
(b) contrary to any prohibition under Section 34, quarries any
stone, or burns any lime or charcoal, or collects, subject to
any manufacturing process, or removes any forest produce;
(c) contrary to any prohibition under Section 34, breaks up or
clears for cultivation or any other purposes any land in any
protected forest or cultivates or attempts to cultivate any such
land in any manner.
(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 34, whether standing, fallen or felled,
or to any portion of such forest notified under the said section;
(e) fells any tree or drags any timber so as to damage any tree
reserved as aforesaid;
(f) permits cattle to damage any such tree; or
(g) infringes any Rule made under Section 36;
shall be punishable with imprisonment for a term which may extend
to one year 1[and with fine] which may extend to two thousand rupees
and shall also be liable to pay such compensation not being less than the
value of the damage caused to the forest as the convicting Court may
direct to be paid.
(2) When a person is convicted of an offence under Clause (c) of
Sub-Section (1) the Court shall order eviction of the offender from the
forest land or entire land in relation to which the offence has been committed
and on such order being made, all sheds or structures on such land shall
be demolished and if the Court so orders, the crop, if any, standing on the
land shall be seized and confiscated to the State Government.
(3) The order of eviction may be executed by a Police Officer not
below the rank of Sub-Inspector or a Forest Officer not below the rank of
a Range Officer or a Revenue Officer not below the rank of a Revenue
Inspector, as the Court may direct.
(4) Whenever in a protected forest :
(a) fire is caused wilfully or by gross negligence; or
(b) theft or forest produce occurs and such theft is in the opinion
of the State Government, and to such a scale as to be likely to
imperil the future yield of such forest;
the State Government may, on the recommendation of the Collector
of the district and notwithstanding that any penalty has been inflicted
under this section or under any other law for any act referred to in Clause
(a) or Clause (b), 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 they think fit :
1. Substituted by Odisha Act 9 of 1983.
18
Provided that before making any recommendation to the State
Government, the Collector give the persons concerned a reasonable
opportunity of being heard.
NOTES
(1) Applicability of Section 37(I)(c) - Prohibition under Sec. 34 relates
only to protected Forest and it is only to have the operation of Sec. 37(I)(c)
- Sec. 34 deals with the power to issue notification, reserving trees, etc.
Section 37(I)(c) also is related to protected forest. The prohibition under
this section embrace, breaking up or clearing for cultivation any land is
protected forest or any attempt to cultivate any such land is any manner;
Chandra Sen. Bag Vrs. State - 79 (1992) CLT 616, 1992(II) OLR -185.
(2) Section 37(1)(c) it was found that the accused persons were
cutting logs in the Khuntabadi unreserved forest by the help of saw, for
which they did not have the permit. In the presence of witnesses the
wood and saw were seized and the accused had to face trial under Sec.
37(1)(c) of the Forest Act - It was held by the court that a notification
under Sec. 34, has to be issued for un-reserved forest. It was admitted
that in order to show any declaration that the land of the Commission of
alleged act was a protected forest, no notification was brought on record.
In such view of the matter the conviction thus made and the sentence
thus awarded is not maintainable - 1992(II) OLR - 185; 34(1992) OJD-
352 (Crimes); 1992(III) Crimes (Odisha)-587.
(3) Oral evidence cannot take the plac

Excerpt shown. Open the full act in Lexace.

‹ Prev All Odisha acts Next ›