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RAJASTHAN FOREST ACT, 1953
Rajasthan Act No. 13 of 1953
[31st March, 1953]
An Act to consolidate the law relating to forests the transit of forest produce and the duty
leviable on timber and other forest produce.
Be it enacted by the Rajasthan State Legislature as follows:
[Received the assent of the President on 31st of March, 1953, published in the Rajasthan
Gazette No. 10 Part. IV A, dated the 18th April, 1953]
Chapter-I
Preliminary
1. Short Title, Extent and Commencement . - (1) This Act may be called the Rajasthan Forest
Act, 1953.
(2) It extends to 1[the whole of Rajasthan] and shall come into force on such *date as the
1[State Government] may, by notification in 2[Official Gazette], appoint in that behalf.
2. Definitions. - 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 the 2[State Government] or my Officer empowered
by the 2[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;
_________________________________________________
*Came into force with effect from 1-06-53 vide Notification No. F. 34(44) Rev.II/53, dated 25-5-53, published in Extraordinary issue
of Rajasthan Gazette No. 36, dated 30-05-53
1. Substituted by item No. 23 of Schedule of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, part IV-A, Extra
ordinary, dated 13-08-1957
2. Substituted by section 4 –ibid.
2
(3) "Forest offence" means an offence punishable under this Act or under an y rule made
thereunder;
1[(4) "Forest Produce" includes-
(a) the following whether found in, or brought from a forest or not, that it to say: -
Timber, charcoal, caoutchouc, catechu, wood oil, resin, natural varnish, bark, lac, mahua
flowers, mahua seeds and myrabolans, and
(b) the following when found in, or brought from a forest, that in to say: -
(i) trees, and leaves, flowers and fruits and all other parts or produce not herein before
mentioned of trees;
(ii) plants not being trees (including g rass, creepers, reeds and moss), and all parts or produce
of such plants;
(iii) wild animals and skim, tasks, horns, bones, silk, cocoons, honey and wax and other parts of
produce of animals, and
(iv) peat, surface soil, rock, and minerals (including l imestone, laterite, mineral oils and at
products of mines or quarries);]
(5) 2[xxx]
(6) "Owner" includes the Court of Wards in respect of property under the Superintendence or
charge of such Court;
(7) "River" includes any stream, canal, creek or other channels natural or artificial;
(8) "Timber" includes trees when they have fallen or have been felled, and all wood whether out
up or fashioned or hollowed out for any purposes or not; and
(9) "Trees" includes palms,3[xxx], stumps, brushwood and canes.
______________________________________
1. Substituted by section 2 of Rajasthan at no. 22 of 1956, published in the Rajasthan Gazette, part IV A, Extra ordinary, dated
16.07.1956
2. Omitted by item no. 23 of the schedule of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette part IV A, Extra
ordinary, dated 13-08-1957.
3. Omitted by Rajasthan Act No. 17 of 2018
3
CHAPTER II
Of Reserved Forests.
3. Power to reserve forest. - The 1[State Government] may constitute any forest lan d or waste
land, which is the property of 1[State Government], or over which the 1[State Government] has
proprietary rights or to the whole or any part of the forest produce of which the 1[State
Government] is entitled a reserved forest in the manner hereinafter provided.
4. Notification by 1[State Government]. - (1) Whenever it has been decided to constitute any
land a reserved forest, the 1[State Government] shall issue a Notification in the 1[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 enquire
into and determine the existence, nat ure 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 provided in this Chapter.
Explanation: -For the purpose of clause (b), it shall be sufficient to describe the limits of the
forest by roans, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of subjection (1) shall ordinarily be a person not
holding any forest office except that of Forest Settlement Officer.
(3) Nothing in this Section shall prevent the 1[State Government] from appointing any number of
Officer 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, b y succession or
under a grant or contract in writing made or entered into by or on behalf of the 1[State
Government]; or some person 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.
__________________________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
4
6. Proclamation by Forest Settlement Officer. - When a notification has been issued under
Section 4, the Forest Settlement Officer shall publish in Hindi in writing as well as by beat of
drum 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 forests;
(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 Forest Settlement Officer. - The F orest 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 1[State Government] and the evidence of any person likely to be acquainted with the
same.
8. Powers of Forest Settlement Officer. - For the purpose of such inquiry, the Forest
Settlement Officer may exercise the following powers, that is to say: -
(a) power to enter by himself or any officer authorised by him for the purpose, upon any land
and to, survey, 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 notification under Section 20 is published, the person
claiming them satisfies this Forest Settlement Officer that he had sufficient cause for not
preferring such claim within the period fixed under Section 6.
_____________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
5
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 1[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 practice 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 claimant, or
(b) by causing certain portions, of the land under settlement to be separately demarcated, and
giving permission to the claimants to practise shifting cultivation therein under such con ditions
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 the1[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 following right: -
(a) a right of way;
(b) a right of water-course or to use of water,
(c) a right of pasture, or
(d) a right to forest produce,
The Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in
part,
_______________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
6
(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 or the surrender of his rights, or
(iii) proceed to acquire such land in the manner provided by law for the time being in force
relating to compulsory acquisition of land.
(3) For the purpose of so acquiring such land: -
(a) the Forest Settlement Officer shall be deemed to be a Collector proceeding under such law.
(b) the claimant shall be deemed to be a person interested and appearing before him in
pursuance, of a notice given under that law,
(c) the provisions of that law 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. Claims to rights of way, water -course, pasture, and to forest produce . - In the case a
claim to rights of the kind specified in clauses (a), (b) to (c) and (d) of Section 11, the Settlement
Officer shall pass an order admitting or rejecting 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, 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 cl aims.- In regard to a claim to a right of pasture or to forest
produce admitted under Section 12, the Forest Settlement Officer shall 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 authorised to take or receive, and such other particulars as the ca se 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 right admitted. - (1) After making such record the Forest Settlement Officer
shall 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 this purpose the Forest Settlement Officer may-
7
(a) Set out some other forest tract of sufficient extent, and in a locality reasonably convenient for
the purposes of such claimant and record an order conferring upon thorn a right of pasture or to
forest produce, as the, case may be, to the extent so admitted; or
(b) so all or the limits of the proposed forest as to exclude forest land of sufficient extent and in a
locality reasonably convenient, for the purpose of the claimants; or
(c) record an order, continuing to such claimants a right of pasture or to forest pro duce, 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 the1[State Government].
16. Commutation of rights .- In case the Forest Settlement Off icer 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 suc h claim by the Forest 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 1[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 1[State Government] and, whe n the Forest
Court has been 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 fo rward it without delay
to the authority competent to hear the same.
________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary,
dated 13.08.57.
8
(2) If the appe al 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 conven ient place in the
neighborhood 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 membe rs of
such Court as the case may he shall, subject only to revision by the 1[State Government], be
final.
19. Pleaders. - The [State Government], or any person who has made a claim under this Act,
may appoint any person to appear, plead and action 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 following events have occurred,
namely: -
(a) the p eriod 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 fo r appealing from the
orders passed on such claims has elapsed, and all appeals (if any) presented within such period
have been elapsed of by the Appellate Officer or Court, and
(c) all lands (if any) to be included in the proposed Forest, which the Fore st Settlement Officer
has, under Section 11, elected to acquire under the law for the time being in force, relating to
compulsory acquisition of land, have become vested in the 1[State Government] under such
law,
The1[State Government] shall publish a notification in the 1[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 . - The Forest Officer
shall, before the date fixed by such notification, cause a translation thereof in Hindi to be
published in every town and village in the neighbourhood of the forest.
____________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
9
22. Power to revise arrangements made under Section 15 or Section 18 .-2[(1)] The1[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 purp ose 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 right admitted under Section 12 be commuted under Section 16.
Provided that no such arrangement shall he rescinded or modified unless previous motion has
been given to the person or persons likely to be affected by such revision and they have been
heard.
3[(2) The State Government may, by notification in the official Gazette, delegate all or any of its
powers under this Section to the Board of Revenue or to any other authority named in such
notification.]
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 1[State 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 be 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 water courses in reserved forests. - The Forest Officer may
with the previous sanction of the 1[State Government] or any other duly authorised 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 stepped which the 1[State Government] deems to be
reasonably convenient, already exists or has been provided or constructed by the Forest Officer
____________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
2. Renumbered by section 2 of Rajasthan Act No. 34 of 1961, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
14.11.1961.
3. Inserted-ibid
10
in lieu thereof.
26. Acts prohibited in such forests. –1[(1) Any person who, in a reserved forest-
(a) trespasses, or pastures cattle, or permits cattle to trespass;
(b) causes any damage by negligence in felling, uprooting, converting any tree or cutting or
dragging any timber; or
(c) fells, uproots, girdles, lops, taps, or burns any tree, or part thereof, or strips off the bark or
leaves from, or otherwise damages, the same;
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.
(1-A) Any person who-
(a) makes and fresh clearing prohibited by section 5; or
(b) sets fire to a reserved forest, or in contravention of any rules made by the 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) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or
removes any forest produce;
(e) clears or breaks up any land for cultivation or any other purpose;
(f) in contravention of any rules made in this behalf by the State Government hunts, shoots,
fishes, poisons water or sets traps or snares; or
(g) indulges in any act detrimental to the very existence of the forest.
shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to twenty-five thousand rupees or with both, in addition to such compensation
for damage done to the forest as the convicting court may direct to be paid.]
__________________________________
1. Substituted by Notification No. F 2 (11) Vidhi / 2 / 2014 [ Act No. 8 of 2014] ( w.e.f. 04.03.2014)
11
(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
2[State Government]; or
(b) the exercise o f 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 2[State Government] under
Section 23.
(3) Whenever fire is caused willfully or by gross in a reserved forest, the 2[State Government]
may (Notwithstanding that any penalty has been inflicted under this section) direct 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 it thinks fit, but no such order shall be passed without affording
the persons concerned an opportunity to represent their case.
1[26-A Power to make rules. -
(1) The 2[State Government] may make rules to regulate the following matters in respect of
reserved forests, namely: -
(a) the making of fresh clearings for cultivation or for any other purpose;
(b) the continuance of the practice of shifting cultivation;
(c) the grazing of cattle or the carrying of forest produce by persons who so claim to the right of
pasture or right to forest produce or right of way or water course is admitted under Section 12.
(d) the kindling, keeping or carrying of fire;
(e) the felling, uprooting, tapping, girdling sawing conversion and removal of trees and timber
and, the collection, manufacture and removal of forest produce, from such forests;
(f) the examination of forest produce passing out of such forests;
(g) the protection from fire of timber, charcoal or other produce lying in such forests and of
trees; (h) the cutting of grass and pasturing of cattle in such forests;
_____________________________________
1. Inserted by section 4 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, Part IV A, Extraordinary dated
16.07.1956.
2. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
12
(i) hunting, shooting, fishing, poisoning water and setting trap or snares in such
forests;
(j) generally for carrying out the purposes of the Act.
(2) The 1[State Government] may prescribe as penalties for the contravention of any rules made
under this Section, imprisonment for a norm which may extend, to six months, or fine which may
extend to five hundred rupees or both.]
27. Power to declare fo rest no longer reserved. - (1) The 1[State Government], may, by
notification in the 1[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 rights (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 1[State 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 relating to reserved forests shall (so far as they are not
inconsistent with the rules so made) apply to the village forests.
___________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57
13
CHAPTER IV
Of Protected Forests
29. Protected Forests . - (1) The 1[State Government] may, by notificat ion in the Rajasthan
Gazette, declare the provisions of this chapter applicable to any forest land or waste land which
is not included in a reserved forest, but which is the property of [State Government], or over
which the 1[State Government] has propriet ary rights, or to the whole or any part of the forest
produce of which the 1[State Government] is entitled.
(2) The forest land and waste land comprised in any such notification shall be called a
"Protected Forest".
(3) No such notification shall be ma de unless the nature and extent of the rights of [State
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 [State Government] thinks that
such inquiry and record are necessary but t hat they will occupy such length of time as in the
meantime to endanger the rights of 1[State Government]. 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 individual or communities.
2[(4) The State Government may, by notification in the Official Gazette, direct that from a date
fixed by such notification, any forest or any portion thereof declared as a protected forest by a
notification issued under subjection (1) shall cease to be a protected forest.
(5) From the date so fixed under sub-section (4), such forest or portion thereof shall cease to be
a protected forest, but the rights, if any, which have been extinguished therein shall not revive in
consequence of such cessation.]
30. Power to issue notification reserving trees etc.- The 1[State Government] may by
notification in the 1[Official Gazette] –
_______________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
2. Inserted by section 2 of Rajasthan Act No. 19 of 1959, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
25.5.1959.
14
(a) declare any trees or class of trees in a protected forest 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 f it, 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 Forest Officer
shall cause a translation in Hind i of every notification issued under Section 30 to be affixed in a
conspicuous place in every town and village in the neighbourhood of the forest comprised in the
notification.
32. Power to make rules for protected forest. -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 inhabitant s of towns & 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 of other forest produce
from such forests for the purposes of trade, and the productions and return of such licenses by
such persons;
(d) the payment, 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 place where such payment shall be made;
_____________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
15
(f) the examination of forest produce passing out of such forests;
(g) the clearing and breaking up of land for cultivation or other purposes in such forests;
(h) the protection from fire of timber lying in such forests and of trees reserved under Section
30;
(i) the cutting of grass and pasturing of cattle in such forest;
(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests;
(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 Rules under
Section 32. –1[(1) Any person who-
(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; or
(b) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
or (c) permits cattle to damage any such tree,
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.
(1-A) Any person who-
(a) 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; or
(b) contrary to the prohibition under Section 30, breaks up or clears for cultivation or any other
purpose, any land in protected forest; or
(c) 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 st anding, fallen or felled or to any
closed portion of such forest; or
(d) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;
or
_______________________________
1. Substituted by Notification No. F 2 (11) Vidhi / 2 / 2014 [Act No. 8 of 2014] (w.e.f.04.03.2014)
16
(e) 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 twenty-five thousand rupees or with both.]
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the 2[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
producer shall be suspended for such period as it thinks fit, but no such order shall be passed
without affording the persons concerned an opportunity to represent their case.
34. Nothing in this chapter to prohibit acts do ne 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 Under S ection 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 Forest and Lands not being the property of 2[State Government]
35. Protec tion of forest for special purposes . - (1) The 2[State Government] may, by
notification in the 2[Official Gazette] regulates 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[(d) the unregulated failing of trees;]
when such regulation or prohibition appears necessary for any of the following purposes: -
(i) for protection against storms, winds, rolling stones and floods;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts. The
prevention of land slips or of the formation of ravines and torrents the protection of land against
erosion or the deposit thereon of sand, stones or gravel;
_______________________________
1. Inserted by clause (a) of sub-section (1) of section 5 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, Part
IV A, Extraordinary, dated 16.7.1956.
2. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
17
(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;
1[(vi) for the prevention of denudation of forest.]
(2) The 3[State Government] may, for any such purpose, construct at its 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 2[(not exceeding one month)] 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 heard by an officer, duly
appointed in that behalf and have been considered by the 3[State Government].
36. Power to assume management of forest. - (1) In case of neglect of or willful disobedience
to any regulation or prohibitio n under Section 35, or if the purpose of any work to be construed
under that section so require, the 3[State Government] may after notice in writing to the owner of
such forest or 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
3[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 pu blic purposes, the 3[State Government] may
proceed to acquire it in the manner provided by the 4[Rajasthan Land Acquisition Act, 1953
(Rajasthan Act XXIV of 1953)].
________________________________
1. Inserted by clause (b) of sub-section 2 of section 5 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, Part IV
A, Extraordinary, dated 16.7.1956.
2. Inserted by sub-section 2 of section 5 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, Part IV A,
Extraordinary, dated 16.7.1956.
3. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
4. Substituted by item No. 23 of the schedule-ibid.
18
(2) The owner of any forest or land comprised in any notifi cation 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 forest at request of owners. - (1) The owner of any land or if there by more
than one owner thereof, the owners of shares therein amounting is the aggregate to at least
two-thirds thereof may, with a view to formation or conservatio n of forests thereon, represent in
writing to the Collector their desire-
(a) that such land 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 lands;
(2) In either cases, the 1[State Government] may, by notification in the 1[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.
CHAPTER VI
Of the Duty on Timber and other forest produce
39. Power to impos e du ty on timber and other forest produce . - (1) The 1[State
Government] may levy a duty in such manner at such places and at such rates as it ma y
declare by notification in the 1[Official Gazette] on all timber, or certain classes of timber or other
forest produce which is produced in Rajasthan and in respect of which the 1[State Government]
has any right.
(2) In every case in which such duty is directed to be levied ad valorem, the 1[State 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 1[State Government], shall be
deemed to be and to have been duly levied under the provisions of this Act.
___________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
19
40. Duty not to affect purchase money or royalty . - Nothing in this chapter shall be deemed
to affect the amount, if any, chargeable as purchase money or royalty on any timber or othe r
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 fores t 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 1[State Government] and it may make
rules to regulate 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 specified forest produce may be
imported, exported or moved into, from or within 1[State of Rajasthan];
(b) prohibit the import or export or moving of such timber or other produce within defined local
limits, without a pass from an officer duly authorised to issue the same or otherwise than in
accordance with the conditions of such pass;
(c) provide for the issue, production and return of such passes and for the payment of fees
therefore;
(d) provided for the stoppage, reporting, examination and marking of timber or other forest
produce in respect of which there is reason to believe that any money is payable to the 1[State
Government] on account of the price thereof, or on account of any duty, fee, royalty or charge
due thereon, or to which it is desirable for the purposes of this Act to affix a mark;
(e) provided for the establishment and regulation of depots to which such timber or other
produce shall be taken by those in charge of it for examination, or for the payment of such
money, or in order that such marks may be affixed to it; and the conditions under which such
timber or other produce shall be brought to, stored at and removed from such depots;
_________________________________
1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV A, Extraordinary, dated
13.08.57.
20
(f) prohibit the closing up or obstructing of the channel banks of any river used for the transit of
timber or other forest produce, and the throwing of grass, brushwood, branches or leaves into
any such river or any act which may cause such river to be closed or obstructed;
(g) provide for the prevention or removal of any obstruction of the channel or banks of any such
river, and for recovering the cost of such prevention or removal from the person whose acts or
negligence necessitated the same;
(h) prohibit absolutely or subject to conditions within specified local limits, the establishment of
sawpits, the converting, cutting, burning, concealing or marking of timber, the altering or effacing
or any marks on the s ame or the possession or carrying of marking hammers or other
implements used for marking timber;
(i) regulate the use of property marks for timber and the registration of such marks; prescribe
the time for which such registration shall hold good; limit the number of such marks that may be
registered by any one person, and provide for the levy of fees for such registration
42. Penalty for breach of rules made under SecExcerpt shown. Open the full act in Lexace.