The SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION AND PROTECTION) ACT,1988

SIKKIMI. l
-.,. G()VE RNMENT GAZE'TTE
1 EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok. Thursday September 15, 1988. No. 129
.1,
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
NOTIFICATION
No.7JLD/1988. Dated the 31st August, 1988~
The following Act of the Sikkim Legislative Assemblyhaving received the assent of the
Governor on 29th day of August, 1988, is hereby published for general information:-
THE SIKKIM FORESTS, WATER COURSES AND
ROAD RESER VE (PRESERVATION AND
PROTECTION) ACT, 1988.
(ACT NO. 6 OF 1988)
,AN
ACT
to consolidate the law relating to forests, forest produce,
water courses and road reserve and for' matters connected there-
with or incidental thereto.
BE it enacted by the Legislature of Sikkim in the Thirty-
ninth Year of the Republic of India as follows :-
CHAPTER-!
PRELIMINARY
l (2)
,~ (3)
2.
(a)
(1) This Act may be called the Sikkim Forests,
Water Courses and Road Reserve (Preservation and
Protection) Act, 1988.
It extends to the whole of Sikkim.
It shall come into force at once.
In this Act. unless the context otherwise requires,- Definitions.
"cattle" includes asses, buffaloes, cows, colts, ewes,
fillies, geJdings, goats, horses, kids, lambs. mules,
ponies, pigs, rams, sheep, yak and zoe, elephant and
such other kinds of animals as the Government, by
notification, specify;
Shott title. ex-
cent and com-
mencement.

(f)
(i)(3)
2
"forest" means an extensive tract of land covered with
trees and undergrowth, sometime intermingled with
pastures, alpine scrubs;
"forest land" means the lanel shown as forest land in
the records of right including areas under perpetual
snow, alpine, scrubs or alpine pasture or the Jand as
declared as forest land by the Government, by notifi-
cation;
"forest officers" includes the Principal Chief Conser-
vator of Forests, Chief Conservator of Forests, Addi-
tional Chief Conservator of Forests, Conservator of
Forests, Deputy Conservator of Forests, Assistant
Conservator of Forests, Range Officers, Deputy
Range Officers, Foresters, Head Forest Guard, Forest
Guard or any other officers appointed by the Govern-
ment to perform any function of a forest officer
under this Act;
"forest offence" means an offence punishable under
this Act or under any rule made thereunder;
"forest produce" includes -
the following whether found in, or brought
from, a forest or not, that is to say i-
bark, charcoal, firewood, myrabolauce, natur-
ral varnish, resin, shellac, timber, wood, and
the following when found in, or brought from,
a forest, that is-to say r-
trees and leaves, flowers and fruits and all
other parts or produce of trees not herein-
before mentioned;
(ii) wild animals and skins, tusks, horns, bones,
silk, cocoons, bony and wax, and all other
parts or produce of animals,
(iii) plauts rnot being trees including agave, cree-
per, dioscores, daphne, edgeworrhis, ferns,
grass, liccpodiurn, lichens; mushroom, moss
and reeds, bamboos, nettle, polygouum,
thysanolacna, and all categories of medicinal
herbs and shrubs, any agricultural crops,
bulbs, rhizomes, tubers, and all parts or
produce of such pl;111(S,
(iv) peat, dolomite, graphite, rock, surface soil, sand
stones, slates, and other minerals including
laterite, mineral oils and all other products of
111ines and quarries, and
(v) such other produce as the Government may, by
notification, declare to be forest produce.
(g) "Government" means the State Government of
Sikkim;
(h) "gorucharan forest" means any forest land settled
and set aside by the State Government for the purpose
of grazing of cattle of the adjoining villages;
(i) "khasmal forest" means any forest land settled and
set aside by the Government for meeting the bonafide
domestic need of tiIII ber, firewood and fodder of the
resident of the adjoining villages;
(j) "land" includes channel, creaks and other water
channel, reservoir, rivers, lakes and streams, whether
artificial or natural and aiso includes boulders and
rocks;
(k) "notification" means a notification published in the
Official Gazette;
(b)
(C)
Cd)
(e)
(b)

~!'
. I
I
Jr
Power to res-
erveforests.
Notification by
Government:
Bar of accrual
afforest rights.
Proclamation
by Forest
Settlement
Officer.
3
(I) "reserved forest" means any forest land settled and
notified by the Government as reserved forest;
"river" includes any stream, channel, jhora, creak
or other channel, natural or artificial;
"timber" includes trees when they have fallen or
have been felled and all wood cut up or sawn or
fashioned or hallowed out for any purpose whatso-
ever;
"trees" includes bamboos, brushwood, cane, banana,
kernels, stumps, trees and palms;
"waste land" means an uncultivated land which is
not the property of any individual person;
"weapon" includes ammunition, bows,arrows, explo-
sive, firearms; hooks, bills, khukuris. axe, saw, knives,
nets, poison, snares, traps and any instrument or
apparatus capable of destroying, damaging and inju-
ring forest produce.
(m)
(11)
(0)
(p)
(q)
CHAPTER - II
RESERVED FORESTS
3. The Government may declare any land as a reserved
forest in the manner hereinafter provided. .
4. Whenever it is proposed to declare any land as a reser-
ved forest, the Government shall issue a notification specifying
tberein-·
(a) that it bas been decided to declare such land as a
reserved forest;
as nearly as possible, the situation and limits of such
laud ; and
the appointment of an officer(hereinafter referred to
as the Forest Settlement Officer) to enquire into the
matter and determine the existence, nature and extent
of any rights relating to collection of dry sticks and
grazing alleged to exist in favourof 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.
5. 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 or CV or 0:1 behalf of the Government or
some person in Wh0111 such right was vested when the notification
was issued.
(b)
(c)
6, When a notification has been issued under section 4, the
Forest Settlement Officer shall publish in the language commonly
spoken in every town and villages 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 one month 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 statement specifying or
to appear before him and state the l!ature of such
right and the amount and particulars of the
compensation, if any, claimed in respect thereof.

Inquiry by
Forest Settle-
ment Officer.
Powers of
Forest Settle-
ment Officer.
Extinction 0
rights.
Treatment 0 10.
claims relatng
to shifting
cultivation.
4
7. The Forest Settlement Officer shall record all statements
made under s e c t ion 6 and shall at some convenient place
inquire into all claims 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 the Government and
evidence of any persons likely to be acquainted with the same.
8. For the purpose of such inquiry, the Forest Settlement
Officer may exercise the following powers, namely :~
(a) the power to enter, by himself or any officer authorised
by him for the purpose, upon 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. 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 enquiry under section 7, be extinguised, unless,
before the notification under section 17 is published, the person
claiming those rights satisfies the Forest Settlement Officer that he
had sufficient cause for not preferring such claim within the period
fixed under section 6.
(1) In the case of a claim relating to the practice of shif-
ting 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 regularised, and submit the
statement to the Government, together with his opi-
nion as to whether the practice should be permitted
or prohibited wholly or in part.
(2),.()n receipt of the statement and opinion, the Government
may make an order permitting or prohibiting the prac-
tice wholly orin part.
(3) If such practice is permitted wholly or in part, the
Forest Settlement Officer may arrange for its exercise-
(0) 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 conv-
enient for the purposes of the claimants, or
(b) by causing certain portions of the land under settle-
ment to be separa tely dernarca ted, and giving permis-
sion to the claimants to practice shifting cultivation
therein under such conditions as he may prescribe.
(4) All arrangements made under sub-section (3) shall be
subject to the previous sanction of the Government.
(5) The practice of shifting cultivation shall in all cases be
deemed a privilege subject to control, restriction and
abolition by the Government.
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 water' course, Forest Settlement
Officer shall pass an order admitting or rejecting the same
in whole or in part.
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 right and proceed to acquire
such land in the manner provided in the Sikkim
Land (Requisition and Acquisition) Act, 1977.
Power to ac- 11. (I)
quire land over
which right is
claimed.
(2)
Act 1 of 1978

Every appeal under section 14 shall be made by petition
in writing giving the grounds for appeal and may be
delivered to the Forest Settlement Officer who shall
forward it without delay to the Appellate Authority.
No appeal shall be disposed of unless the parties
thereto have been given the opportunity of being
heard.
The Appellate Authority appointed under section 14
may confirm, set aside or modify the order of the
Forest Settlement Officer, as the case may be, and the
order of the Appellate Authority shall be final.
Appointing of 16. The Government or any person who bas made a claim under
pleaders. this Act, may appoint any person to appear, plead and act
on its or his behalf before the Forest Settlement Officer, or the
Appellate Authority, in any proceedings under this Act.
Order all claim
to right of
pasture or to
forest produce.
Record to be 13.made by Forest
Settlement
Officer.
Appeal (rom
order passed
under section
11 and section
72.
Appeal under
section 14.
5
(3) For the purpose of acquiring such land -
(a) the Forest Settlement Officer shall be deemed to be
a Collector under the Sikkim Land (Requisition and
Acquisition) Act, 1977;
(b) the claimant shall be deemed to be a person interes-
ted and appearing before him in pursuance of a
notice given uncler section 5 of the Sikkim Land
(Requisition and Acquisition) Act, 1'177;
(c) the provisions of the preceding sections of the
Sikkirn Land (Requisition and Acquisition) Act,
J977 shall be deemed to have been complied with;
(d) the Forest Settlement Officer, with the consent of
the claimant or with the consent of both parties,
may award an amount for such acquisition.
12. Tncase or a claim to right of pasture or to forest produce,
the Forest Settlement Officer shall pass an order admitting or
rejecting the same in whole or in part.
(I) The Forest Settlement Officer, when passing any order
under section 12, shall record, so far as may be practi-
cable-
(a) the name, father's name, caste, residence and occu-
pation of the person claiming the right; and
(b) the classification, position and area of all field or
groups of fiel+s, if any, and the classification and
posit ion of all buildings, if any, in respect of which
1he exercise of such right is claimed.
(2) 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 adrnitted, specifying
the number and the description of the cattle which the
claimant is, from time to lime, entitled to graze in the
forest, the season during which such pasture is permitted.
14. Any person who has made a claim under this Act
or any forest officer or other person generally or specially
empowered by the Government in this behalf may, within one
1110nth from the date of the order passed under sections II and 12
prefer an appeal from such order to such Appellate Authority as
the Government may, by notification, appoint.
15. (1)
(2)
(3)
When the following events have occurred, namely :-Notification 17. (1)
declaring foresj
reserved., (a) the period fixed under section 6 for preferring
claim bas elapsed, and all claims, if any, made
under that section or section 9 have been disposed
of by the Forest Settlement Officer;
Acti of 1978
Act 1of 1978

Act I of 1978.
6
(b) if any such claims has been made, the period
specified in section 14 for appeal from the order
passed on such claims has elapsed, and all appeals,
if any, presented within such period have been
disposed of by the Appellate Authority, and
(c) all lands, if any, to be included in the proposed
forest, which the Forest Settlement Officer has,
under section 11acquired under the Sikkim Land
(Requisition and Acquisition) Act, 1977have be-
come vested in the Government.
The Government shall publish a notification speci-
fying therein the definite boundary marks erected.
or otherwise the limits of the forest which is to be
reserved and declaring the same to be reserved for-
est from a date fixed in the said notification.
(2) The notification issued under sub-section (1) shall be
published in the villages and town in the neighbourhocd
of the reserved forest in the language commonly
understood in the area.
18. The Forest Officer may, with the previous sanction of the
Government or any officer duly authorised by it in this behalf,
stop any public or private way or water course in a reserved for-
est, provided that a substitute for the way of water course so stop-
ped, which the Government deems to be reasonably convenient,
already exists, or has been provided or constructed by the Forest
Officer in lieu thereof,
19. Any forest which has been declared or set aside as
reserved forest on or before the commencement of this
Act under anv law or rule or notification in force
in .the State of Sikkim, shall be deemed to be reser-
ved forest.
(2) All question decided, orders made and records prepa-
red in connection with the declaration of such forest as
reserved forest shall be deemed to have been decided,
made and prepared under the corresponding provisions
of this Act.
0)
20. Any person who,-
(a) makes any fresh clearing prohibited by section 5;
(b)
(c)
(d)
converts a reserved forest or part thereof to any use
other than forestry;
uses reserved forest for growing commercial crops;
leases forest areas to private parties for raising captive
plantations or food crops;
sets fire to a reserved forests;(e)
(0 in contravention of any rules made under this Act,
kindles any fire or leaves any fire burning in such
manner as to endanger such forest;
in contravention of the rules made under this Act-
(i) kindles, keeps or carries any fire during such
season other than the season specified by the for-
est officer;
(ii) tresspasses or pastures cattle or permits cattle to
trespass;
causes, by negligence, any damage, by felling any trees
or cutting or dragging any timber;
fells cuts, girdles, lops, taps or burns any tree or strips
off the bark or leaves of any tree or otherwise damage
the same;
(g)
(h)
(i)
Power to stop
ways and water
courses in
reserved
forests.
Reserved
forests declared
as such before
the commence-
ment of this
Act.
Acts prohibited
in reserved
forest and
penalties
thereof.

7
(j) quarries stone, burns lime or charcoal or collects or
removes any forest produce;
(k) damages, alters or removes any cairn, wall, ditch.' ~m-
bankrnent, fence, hedge or railing shall, OIl conviction,
be punlishable with imprisonment for a term which may ex-
tend to one year or with fine which may extend to ten
thousand rupeesor with both and in addition to be liable to
pay such compensation for the damage done to the forest
as the convicting court may direct.
21. Whenever fire is caused wilfully or by gross negligence in a
reserved forest by a person having rights in such forest or by per-
son in his employment, the Government may, without prejudice to
any other punishment that may be imposed under this Act,
direct that in suchforest or anyspecifiedportion thereof the exer-
cise of all or any of the rights of pasture, grazing or collection of
forest produce by any such person shall be suspended for such
period as it thinks fit or he extinguished.
CHAPTER III
KHASMAL AND GORUCHARAN
22. (1) The Government may, by notification, declare that the
provisions of tbis Chapter shall apply to khasmal or
gorucharan forest.
(2) Any forest which has been declared as khasmal forest
and gorucharan forest before the commencement of this
Act which has been specified in the records of
rights of 1952 cadestral survey, shall be deemed to be
khasmal forest and gorucharan forest.
(3) Any waste land or banjo land which is not the property
of any person shall be deemed to be a khasrnal forest
f01"the purpose of this Ac t.
23. No such notification referred to in sub-section (1) of section
22 shall be issued unless the nature and extent of the rights of the
Government and of private persons in or over tbe khasrnal and
gorucharan forests is inquired into and recorded in a survey and
settlement record, or in such other manner as the Government
thinks sufficient. Every such record shall be presumed to be
correct until proved otherwise:
Provided that in the case of any khasmal or gorucharan
forests, if the Government thinks that such inquiry and record are
necessary but that the completion thereof will occupy such length
of time as may endanger the rights of Government, the Govern-
ment may, pending such inquiry and record, declare such land to
be khasmal or gorucharan forest, 2~ the case may be, but so, how-
ever, tbe existing rights of individuals or communities are affected
as little as possible.
24. (1) Any person who --
(a) makes any fresh clearing or converts khasmal
forests or gorucharan forest or part thereof to any
use other than forestry;
(b) sets fire to a khasmal forest or zorucharan forest or
part thereof ; ~
(c) in contravention of any rules made under this
Act kindles any fire or leaves any fire bur-
ningin suchmannerasto endangersuch a forest;
(d) kindles, keeps or carries· any fire except during
season other than the season notified by the forest
officer;
(e) causes, by negligence, any dam <'ge, by felling any tree
or cutting or dragging any tim ber;
(f) cuts, pollards, girdles, lops, taps or burns any tree or
strips off the bark or otherwise damages the same;
Penalties for
offences com-
mitted by per-
son having
rights in re-
served forests,
Power of
Government to
declare Khas-
mal and goru-
charan forests.
Limitation all
exercise of' po-
wers under
section 22.
Acts prohibited
in khasmal and
goruchoran fo-
rest and pena-
lty therefor.

suspension of 26. Whenever fire is caused wilfully or by gross negligence in
rights in case khasmal or gorucharan forest, the Government may, notwirhstan-
otfire . ding any other penalty which has been imposed under this Act,
direct that in such forest or any portion thereof tbe exer-
cise of all rights provided in sub-section (2) of section 24 shall be
suspended for such period as may be specified.
27. (I) The Government may, by notification, 'make rules to
carry out the purposes of this Chapter.
'(2) In particular and without prejudice to the generality of
the foregoing power, such rules 111ay provide for all or
any of the following matters, namely :-
(a) the cutting, sawing, conversion and removal of
trees and timber and the collection, manufacture
and removal of forest produce;
(b) the granting of permits to the inhabitants of neigh-
bouring villages to take trees, timber or other
forest produce for their bonafide use, and the pro-
duction and return of such permits by such
villagers;
(c) the payment, if any, to be made for the permis-
sion to cut trees or to collect and remove such
timber or other forest produce;
(d) the examination of forest produce passing out of
such forests;
(e) the cutting of grass and grazing of cattle in such
forestsandpaymentthereof,ifany;
(f) the protection and management of any po, tion of
forest closed under section 25; and
(g) the exercise of rights referred to in section 25,
28. Whoever contravenes the provisions of the rules made under
section 27 shall, on conviction, be punishable with imprisonment
for a term which may extend to two years or with a fine which
may extend to five thousand rupees, or with both
Power of GOI'-
ernment 10 or-
der closure of
forest.
Power to make
rules for khas-
mal and goru-
charan forest.
Penalties for
acts in contra-
vention of see-
lion 27.
8
(g) quarries stone, burns lime or charcoal or collects any
forest produce;
(11) damages, alters, removes any cairn, wall, ditch, em-
bankment, fence, hedge or railing, boundary marks,
shall, on conviction, be punishable with imprisonment for a term
which may extend to one year or with fine which may extend to
five thousand rupees or with both and in addition to be liable to
any such compensation for the damage done to the forest as the
convicting court may direct.
(2) Notwithstanding anything contained in sub-section (1), the
following acts shall not render the person liable to punish-
ment under that sub-section for-
(a) any act done with the permission, in writing, of the
forest officer not below the rank of a Range Officer;
(b) grazing of cattle and collection of such quantity of fod-
der from khasmal forest for bonafide use of the resi-
dent of the adjoining locality;
(c) grazing of cattle, collection of such quantity of dry
fallen sticks and grass or fodder in a gorucharan forest.
25. The Government may, by notificalion,-
(a) declare that any portion of khasmal or gorucharan
forest shall be closed for such period not exceeding
thirty years and that the rights of any private persons
over such forest or portion thereof shall be suspc •.•ded
during that period; and
(b) declare any tree or class of trees in khasmal or goru-
charan forest to be reserved from the date fixed in that
notification.

River banks,
slip reserve,
road reserve,
etc.
Penalty.
9
CHAPTER - IV
PROTECTION OF RIVER BANKS, SLIP RESERVE, ROAD
RESERVE, Ere.
29. For the purpose of this Chapter river banks in
rivers enumerated in the Schedule mean and includes
sixty metre on either side of such river 01' area within
level mark, whichever is less.
(2)
relation to
an area of
high flood
(3)
Slip reserve means and includes,-
(i) all lands which are denuded or are in the process of
denudation declared as slip reserve before the com-
mencement of this Act; and
(ii) all denuded areas which are denuded or are in the
process of denudation and required to be conserved
or preserved for establisation that may be notified
as slip reserve by the Government.
No notification referred to in clause (ii) of sub-section (2)
shall be made unless the nature and extent of the right of the
Government and of the private persons in or over such land
is enquired into and recorded in the record of right and such
record shall be presumed to be correct until proved other-
wise;
Provided that in the case of any slip area, if the
Government thinks that such enquiry and record are neces-
sary but that the completion thereof will occupy such length
of time as may endanger the life of the community due to
occurrence of slips, the Government may, pending such
enquiry and record, declare such area to be a slip reserve,
but so, however, that the existing rights of individuals or
communities are affected as little as possible.
Road Reserve in relation to a National Highway means
such portion of land lying within such distance from centre
on either side of such Highway as may be prescribed.
Road Reserve in celation to a Highway other than a
National Highway means such portion of the land lying
within such distance from the centre on either side of such
Highway as may be prescribed.
(6) The road reserve referred to in sub-sections (4) and (5)
shall be under the administrative control of Forest
Department as if it were a forest constituted under this
Act.
(7) Any encroachment into the road reserve by any person
shall be deemed to be an unauthorised occupation and
such person shall be evicted in accordance with the
provisions contained in the Sikkim Public Premises
(Eviction of Unauthorised occupants and Rent Reco-
very> Act, 1980. 9 of 1980
(8) All old abandoned roads with their road reserve which
has been abandoned as a result of construction of new
roads shall be (he property of the Government.
30. (1) Any person who-
(a) is in unauthorised occupation of any land in a slip
reserve or a road reserve or a river bank;
(b) removes any forest produce from a slip reserve or
a road reserve or a river bank;
shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend to
six thousand rupees or with both.
(2) Notwithstanding anything contained in sub-section (1),
the person in unauthorised occupation shall be evicted in
the manner as indicated in SUb-section (7) of section 29.
(4)
(5)

10
31. The Government may, regulate the use of natural waters,
ice and glaciers by industrial establishments within the terri-
tory of Sikkim and levy such taxes and duties as may be
deemed appropriate in the manner prescribed.
The Government may, by notification, declare that any slip
reserve or road reserve or river bank shall be closed for such
period as may be specified in that notification and that the
rights of any person over such slip reserve, road reserve or
river banks shall remain suspended during that period.
CHAPTER - V
CONTROl, AND MANAGEMENT OF PRIVATE FORESTS
32.
33. For the purpose of this Chapter -
(a) "forest" includes any land containing trees and shrubs,
pasture land and any land not being a reserve forest,
a gorucharan or khasmal forest, slip reserve and road
reserve, which the Government may, by notification,
under this section declare to be a forest;
(b) "owner" in relation to a forest or land includes a
mortgagee, leasees or other person having rights to
possession and enjoyment of forest land.
(1) No owner of any forest and no person claiming under
him whether by virtue of a contract, licence or any other
transaction entered into before or after the commence-
ment of this Act or any other person shall, without
the previous permission of the forest officer authorised
in this behalf, cuts or girdles trees or do any act
to denude the forest or diminishes its utility as a
.-.forest:
Provided that nothing contained ill this sub-section
shall apply to-
(a) the removal of falien trees; and
(b) the making of agricultural implements for bouaflde
II sc of the own er.
Notwithstanding anything contained in sub-section (1),
the Government may, by notification, and for reasons to
be specified ill such notification, exempt any class of
forest or class of trees of any forest produce found
therein fr0111all or any of the provisions of this section.
1he Government may, by notification, declare any tree
or species of trees to be reserved from the date fixed in
such no.ification in such forest or land.
34.
(2)
(3)
Power to make 35. For the purpose of section 34, the Government may, make
hiles. rules prescribing.-
Protection of 36.
forest or land
for special pur-
poses.
(a) class or kinds or species of trees which may be permitted
to be cut and girdled and girth of such trees;
the conditions subject to which permission for removal
of trees may be granted;
the procedure to be followed by the forest officer before
granting permission;
the procedure regarding granting of permission to fell
trees specified under section 34.
The Government may, by notification-
(a) regulate or prohibit in any forest-
(i) the breaking up or clearing of any land;
(ii) the pasturing of cattle;
(iii) the firing or clearing of vegetntin ;o
(b)
(c)
(d)
(1)
Use of water
resources!
glaciers etc. by
industrial
establishment.
Power of Go-
vernment to
close slip re-
sene. road re-
sene or river
banks.
Control over
forests or la-
nds not being
the property
of Government.
Preservation of
private forest
and to reserve
frees.

II
(iv) the girdling, tapping or burning of any trees
or stripping off bark or leaves of any trees;
(v) the lopping or pollarding of any trees;
(vi) cutting, sawing, conversion and removal of
trees and tim ber ;
(vii) the quarrying of stones Or the burning of lime
or charcoal or the collection or removal of
any forest produce or its subjection to any
manufactu Iing processes;
(b) regulate in any forest the regeneration of
forest and their protection from fire;
(c) regulate the exercise of customary and prescri-
ptive rights in such forests.
(2) When protection of forest or land referred tn in sub-
section CI)of section 34 appears to be necessary, the
Government may, by notification, provide-
(a) for conservation of trees and forests;
(b) for the preservation, improvement of soil or the
recla-mation of saline or water logged land, the
prevention of land slips or formation of varines or
torrents or the protection of land against erosion
or the deposit therein of sand, stones, gravels or
minerals;
(C) for the improvement of grazing;
(d) for the maintenance of water supply and springs,
rivers and tracks;
(e) for the protection against storms, winds, rolling
stones, floods and avalanches;
(n.for the protection of roads, bridges, and other lines
of communications.
(3) No notification sh811 be made under sub-section (I)
nor shall any work be commenced under sub-setion (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 issued or work com-
menced, 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 any officer duly appoin-
ted on that behalf by the Government.
37. Whoever contravenes the provisions of sub-section (1) of Penalty.
section 34 or the rules made under section 35, or of the terms of
a notification issued under section 36 shall, without prejudice
to any other action that may be taken against him under this
Act, on conviction, be punishable with imprisonment which
may extend to six months or with fine which may extend to
two thousand rupees or with both.
(2)
Any owner of any land or, if there be more than one
owner thereof, the owners of all the shares therein may,
with a view to the formation or preservation of forest
thereon, apply in writing to the Government to take
over the management of such land and the Government
may, on such application, where it is of opinion that it
is expedient in public interest to form or preserve
the forest, by notification, assume the management of
such land.
When the management of any land is assumed under
sub-section (I) save as otherwise agreed to between
the Government and the applicants, the net profit, if
any, arising from the management of the forest shall be
paid to the owners.
Government
management af
forest at the
request of ow-
ner.
38. 0)

Responsibilities
of occupants
and holdings
of the land for
preservation of
trees.
Applirationfor
permits for
felling tree.
Application of
provision of
this Act
relating to
forest produce
and trees grown
in land under
the control of
the local auth-
rity and insti-
tution.
Power to ma-
ke rules to re-
gulate transit-
of Forest pro-
duce.
12
(3) The period of management shall be as such as may be
agreed to between the Government and the applicants.
Every occupant or holder of land shall be responsible
for the dLIe preservation of all trees growing thereon
and shall in the event of any injury to any tree from
whatever cause or its theft, at once report such fact to
the nearest forest officer-.
Any occupant or holder who fails to report any such
case of injury or theft as aforesaid or to prove to the
satisfaction of such officer of the rank not below to
that of a Range Officer that such injury or theft
has not been caused either by his own act or by
neglect or default on his part by any other person
at his instigation or with his connivance shall,
notwithstanding any other penalty to which he
may be liable, be Liable to pay such compensation on
account of such injury or theft as the Range Officer
may deem reasonable:
Provided that the Range Officer may, in
cases in which he is satisfied that the person res-
ponsible for the act, neglect, default, instigation or
connivance resulting in the injury or theft, tenant or
the occupant or holder or any other person holding
under or through a tenant or occupant or holder,
direct that such tenant or occupant or holder or other
persons shall be liable for compensation or, be procee-
ded against in the first instance for recovery thereof.
Every person who whether as holder, occupant,
tenant, sub-tenant or leasee or in any other capacity
having right over trees growing or existing or found
-0.11 any land, who is desirous of felling such trees for
bo nafide domestic use, shall apply to the forest
officer not below the rank of Range Officer in the
prescribed form and shall obtain permit.
No person shall remove any trees, wood, timber or
other forest produce from his land without obtaining
permit in this behalf in the manner provided in sub-
setion (l ) :
Provided that no fees or duties shall be
imposed on removal of such produce by any person
frOI11 his land.
(3) Every person who having right over trees growing or
exist ing or found on any land, is desirous of felling
such trees for commercial use shall apply to the
forest officer not below the rank of Deputy Conser-
vator of Forests and shall obtain a permit on pay-
ment, if any, as may be prescribed.
41. The provisions of Chapter III of this Act shall apply
in respect of all forest produce and trees grown in any. land ~lnder
the control and management of a local authority and institution.
39. (1)
(2)
40. (1)
. (2)
42. (1)
CHAPTER-VI
TRANSIT OF FOREST PRODUCE
The control of all rivers and their banks as regards
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 Government and it may make rules
to regulate the transit of all timbers and other forest
produce.
I
I\

13
Explanation. --For the purpose of this Chapter, the forest
produce shall be deemed to include semi-finished
forest product for commercial purposes.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may,-
(a) specify tbe routes by which timber or any other
forest produce may be transported or moved
into from or within the State and the fee thereof;
(b) in the case of timber formed into a raft or
fastened to the shore, prohibit the lossening or
the setting a drift not such timber by any per-
son not being the owner thereof or not acting
on behalf of such owner or the Government;
(c) provide for the stoppage, reporting, examina-
tion and marking of timber or other forest pro-
duce in transit, ill respect of which' there is
reason to believe that any money is payable to
the Government on account of the price there-
of or any duty, fee, royalty or charge due
thereon or to which it is desirable for the pur-
pose of this Act to affix the mark;
provide for the establishment of check posts or the erec-
tion of barriers at such places as the Government may
direct with a view to prevent or check commission of
forest offences in respect of forest produce and for stop-
page, reporting and examination of goods carried by any
vehicle or vessel at such check posts or barriers;
provide for establishment and regulation of depots and
stations to which such timber or other forest produce
shall be taken by those in charge of it for exammation,
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 forest produce shall be brou-
ght to, stored at and removed from such depots or sta-
tions and for regulating the appointment and duties of
persons employed therein;
authorise the transport of such tim ber or other forest
produce across any land and provide for payment of
compensation for any damage done by the transport of
such timber or other forest produce;
prohibit the closing up or obstructing of the bank of any
river used for the transit of timber or other forest prod-
uce and throwing of grass, brushwood, branches or
leaves into any such river or any act which may cause
such river to be closed or obstructed;
provide for the prevention or removal of any obstruc-
tion of the channel or banks of any such river and for
recovering the costof such prevention or removal from
the person whose act or negligence caused such obstruc-
tion;
prohibit absolutely or subject to conditions, within the
whole of the State of Sikkim or specified local limits, the
establishment of saw pits, saw mills or any other sawing
machines for converting, cutting, processing, distilling,
storing, burying, cancelli ng or marking of timber or
other forest produce, the altering or defacing of any
marks on the same or the possession or carrying of mar-
king hammer or other implements used for marking
tim ber;
(d)
(e)
(f)
(g)
(h)
(i)
\ ".

The Gover-
nment .and (0-
rest officer 'not
liable (or da-
mage toforest
produce at de-
pots and sta-
tions.
All " persons
employed at
depots and sta-
tions bound to
aid in case of
accident. "
Certain kinds
0/ timber pro-
perty of GOI'I?I'-
nment,
Notice to clai-
mants of drift
timber.
,Procedure for 47.
disposal of
application for
'claim.
14
(j) regulate tbe existing sawpits, saw mills or any other
sawing contrivance:
Provided that no existing sawpits, saw mills or any
other sawing contrivance shall be closed unless the
owner thereof bas been given an opportunity of being
beard.
(3) In making the rule under this section, the Government may
provide that person guilty of contravention thereof shall, on
conviction, be punishable with imprisonment which may
extend to one year or with fine which may extend to two
thousand rupees or with both, and where the offence commi-
tted after sunset or before sunrise, or after preparation for
resistance to lawful authority, or where the offender has been
previously convicted for a like offence, the Magistrate
having jurisdiction shall inflict double the penalty prescribed
for such offence.
43" The Government shall not be responsible for any loss for
damage which may occur in respect of any timber or other forest
produce while at a depot or statir n established under rules made
under section 42 or detained elsewhere for the purpose of this
Act and no such forest officer shall be responsible for any
such loss or damage unless he causes Joss or damage wilfully, negli-
gently, maliciously or fraudulently"
44" In case of any accident or emergency involving danger to any
property at any depot or station, every person employed at such
depot or station shall render assistance to any forest officer or
police officer demanding his aid in preventing the damage or loss
to such property.
CHAPTER - vn
COLLECTION OF DRIFT AND STRANDED TIMEER
45. (1) All timber-
(a) found adrift, beached, stranded or slink:
(b) bearing marks which have not been registered
in accordance with the rules made under section
42;
(c) which have been super marked or on which the
marks have been obliterated, altered or defaced by
fire or otherwise;
(d) which are not marked but found in such areas as
the Government may specify;
shall be deemed to be the property of the Government
unless and until any person established his right and
title thereto as provided in this Chapter.
The timber referred to in sub-section (I) may be collec-
ted b any forest officer or by any other person autho-
rised to collect the same by virtue of any rule and may
be brought to any forest depot.
(2)
46. Public notice shall, from rime to time, be given by the forest
officer regarding timber collected under section 45" Such notice
shall contain a description of the timber and sball require any
person claiming to same ~o prese~1t a written application. for such
claim to such officer Within a period of not less than thirty days
from the date of such notice. '
J
I, I0) When any application is presented under section 46,
the forest officer may, after making such enquiry as he
thinks fit, either reject the claim, after recording his
reason Ihere or accept the claim and deliver the timber
to the claimant.

15
\
,[;
(2) If such timber is claimed by more than one person, the
forest officer may either deliver the same to any such
person whom he finds to be entitled thereto after recor-
ding the reasons therefor or may refer the claimants to
the Civil Court, and retain the 'timber pending the
receipt of an order from such court for its disposal.
(3) Any person whose claim has been rejected under the
section may, within thirty days from the date of intima-
tion of the order of such rejection, institute a suit to
recovery of the possession of the timber claimed by him
but no such person shall be entitled to any compensa-
tion or costs against the Government or against any for-
est officer on account of such rejection or the detention
or removal of any timber.
(4) Unless there are adequate arrangements for storage of
timber detained or kept by the forest officer under this
section the Court may order that the tirn ber so detained
or kept shall remain at tbe custody of the for-
est officer until the disposal of the suit.
48. If no application is presented under section 46, or on such
claim having been preferred and rejected, fails to institute a suit
for recovery of the possession of such timber within thirty days
from the date of rejection of his claim, the ownership of such
timber shall vest with the Government free from all encum-
brances.
49. The Government shall not be responsible for any loss or
damage which may occur in respect of any timber collected under
section 45 and no forest officer shall be responsible for any such
Joss or damage unless he causes such loss or damage wilfully,
negligently, maliciously or fraudulently.
50. NO persons shall be entitled to recover possession of any
timber collected under section 45 or delivered under section 47
until he paid to the forest officer or other person entitled to
receive such sum on account thereof as may be due under any
rule made under section 51.
51, (1) The Government may, by notification, make rules to Power to make
carry out the purposes of this Chapter. rules.
(2) In particular and without prejudice to the generality of
the foregoing power, such rules may be made to regu-
late the following matters, namely:-
(a) the salvaging, collection and disposal of all timber
mentioned in this Chapter;
(b) the use and registration of boats or any other
conveyance used in sa!vaging and collecting tim-
ber:
(c) the amount to be paid for salvaging, collecting,
moving, storing or disposing of such timber;
(d) the use and registration of hammers and other
instruments to be used for marking such timber.
(3) In making the rules under this section, the Government
may provide that a person guilty of contravention
thereof shall, on conviction, be punishable with im-
prisonment which may extend to six months or with fine
which may extend to one thousand rupees or with both.
eHA PTER - VIII
CATTLE - TRESPASS
Disposal of
unclaimed lim-
ber.
Government
and its officers
not liable jor
damage,
Payment tobe
made by clai-
mant be/ore
timber is de-
livered (0 him.
52. Any cattle trespassing in a reserved forest or in any portion Power to seize
of a khasmal forest or gorucbaran forest or slip reserve or road and impound
reserve or river banks which bas been closed by the Government cattle»
for grazing shall be seized and impounded by any forest officer.

Power to levy 53,
(ine,
Power to make
rules.
The seizure or
properly liable
to confisca-
tion,
16
(1) The Government may, from time to time, by notifica-
tion, 

Excerpt shown. Open the full act in Lexace.

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