The Tamil Nadu Forest Act 1882

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THE TAMIL NADU FOREST ACT
ACT NO. V OF 1882

CHAPTER – I
PRELIMINARY

SECTIONS

1. Short Title.
2. Interpretation clause.

CHAPTER – II
RESERVED FOREST

3. Power to reserve forests.
4. Notification by the State Government.
5. Suits barred.
6. Proclamation by Forest Settlement Officer.
7. Bar of accrual of Forest right s. Prohibition of clearings etc.
8. Enquiry by Forest Settlement Officer.
9. Powers of Forest Settlement Officer.
10. Claims to right of occupancy and ownership.
11. Claims to rights of way watercourse, pasture and to forest produce.
12. Provision for rights of pasture or to forest produce admitted.
13. Communication of such rights.
14. Appeal from order passed under Section 11,12 and 13.
15. Appeal under Section 14.
16. Notification declaring forest reserved.
17. Extinction of rights not claimed.
17-A. Power of the State Government to redefine the limits of Reserved Forests in
certain cases.
18. No rights acquired over reserved forest except as here provided.
19. Right continued under Section 12 not to be alienated without sanction.
20. Power to stop ways and water-course in reserved forests.
21. Penalties for trespass or damage in reserved forests and acts prohibited in such
forests.
22. Suspension of rights in reserved forests.
23. Persons bound to assist Forest Officer or Police Officer.
24. Power to declare forests no longer reserved.
25. Forests reserved previous to the passing of this Act.

CHAPTER III

PROTECTION OF LAND AT THE DISPOSAL OF GOVERNMENT, NOT INCLUDED IN
RESERVED FORESTS.

26. Powers to make rules.
27. Powers to close land against pasture.
28. Penalties.
28-A. Penalties for breach of Rules under Section 26.

CHAPTER IV

OF THE CONTROL OVER FORESTS AND LANDS NOT AT THE DISPOSAL OF
GOVERNMENT OR IN WHICH GOVERNMENT HAS A LIMITED INTEREST

29. On certain lands the breaking up for clearing for cultivation etc., may be
regulated or prohibited.
30. In case of refusal by owner, Government may take such lands on lease, or
acquire them.
31. Acquisition of forest or land under the Land Acquisition Act.
32. Protection of forests at request of owners.
33. Management of forests, the joint property of Government and other persons.
34. Persons employed to carry out the Act to be deemed Forest Officers.

CHAPTER V

CONTROL OF TIMBER IN TRANSIT

35. Power to make rules to regulated transit of timber.
35-A. Power of Government of India to movements of timber across frontiers.
35-B. Penalties for breach of rules made under Section 35 in respect of scheduled
timber.
36. Penalties for breach of rules made under Sections 35 and 35A.
36-A. Possession of Sandalwood under licence.
36-B. Form and conditions of licence.
36-C. Power to cancel or suspend licence.
36-D. Appeal.
36-E. Penalties.

CHAPTER VI

THE FOREST COURT

37. Appointment and constitution of the Forest Court.
38. The Judge appointed to be the President.
39. Hearing of appeals.
40. Court to pass orders which shall be final.

CHAPTER VI-A

OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

40-A. Certain kinds of timber to be deemed property of Government until title
thereto proved and may be collected accordingly.
40-B. Notice to claimant of timber collected under section 40-A.
40-C. Procedure on claim preferred to such timber.
40-D. Disposal of unclaimed timber.
40-E. Payments to be made by claimants before timber is delivered.
40-F. Power to make rules and prescribe penalties.

CHAPTER VI-B

OF ROYALTIES

40-G. Royalties.
40-H. Notice of proposal to cut and remove royalty trees.
40-I. Joint Mahazar to be prepared before removal of the trees.
40-J. Notice calling claims for Kudivila.
40-K. Inquiry by Forest Officer into claims for Kudivila.
40-L. Award to be made after the inquiry.
40-M. Reference to Court.
40-N. Forest Officers statement to Court.
40-O. Service of notice.
40-P. Scope of inquiry.
40-Q. Form of award by Court.
40-R. Tendering payment.
40-S. Forest Officer to carry out the Court's awards as his own.
40-T. Bar of claims to Kudivila.
40-U. Rules to be made by Government.
40-V. Punishment for felling etc., trees which are royalties.
40-W. Other provisions not affected.

CHAPTER-VII

PENALTIES AND PROCEDURE

41. Seizure of property liable to confiscation.
42. Procedure thereupon.
43. Timber, forest produce, tools, etc., when liable to confiscation.
44. Disposal on conclusion of trial of forest offence of produce in respect of which it
was committed.
45. Procedure when offenders is not known or cannot be found.
46. Procedure in regard to perishable property seized under section 41.
47. Appeal from orders under Sections 43,44 or 45.
48. Property when to vest in State.
49. Saving of power to release property seized.
49-A. Confiscation by Forest Officer in certain cases.
49-B. Issue of show cause notice before confiscation under Section 49-A.
49-C. revision.
49-D. Appeal.
49-E. Award of confiscation no bar for infliction of any punishment.
49-F. Property confiscated to vest with Government.
49-G. Bar of jurisdiction in certain cases.
50. Penalty for counterfeiting or defacing marks on trees and timber and for altering
boundary marks.
51. Power to arrest without warrant.
52. Punishment for wrongful seizure or arrest.
53. Power to prevent commission of offence.
54. Operation of other laws not barred.
55. Power to compound offences.
56. Presumption that timber or forest produce belongs to the Central or State
Government.
56-A. Punishment for habitual offence.
56-B. Certain offences to be non-bailable.
56-C. Offences under the Act to be cognizable.
56-D. Presumption as to commission of offence in respect of scheduled timber.
56-E. Power to amend schedule.

CHAPTER-VIII
CATTLE TRESPASS

57. Cattle Trespass Act, 1871 to apply.
58. Power to alter fines fixed by that Act.

CHAPTER-IX
FOREST OFFICERS

59. Government may invest Forest Officer with certain powers.
60. Forest Officers deemed public servants.
61. Indemnity for acts done in good faith.
62. Omitted.

CHAPTER-X
MISCELLANEOUS

63. Additional powers to make rules.
64. Rules when to have force of law.
64-A. Rules to be placed before the Legislature.
65. Government may delegate powers.
66. Recovery of money due to Government.
67. Lien on forest produce for such money.
68. Land required under this Act to be deemed to be needed for a public purpose
under the Land Acquisition Act.
68-A. Liability if person unauthorisedly occupying any land is reserved forest, etc., to
summary eviction

THE TAMIL NADU FOREST ACT
ACT NO. V OF 1882

Preamble CHAPTER I
PRELIMINARY

Short Title This Act may be called the Tamil Nadu Forest Act,
1882.
3It extends to the whole of the State of Tamil Nadu
Local Extent Provided that the 4Government may, by notification in the 5Official Gazette,
exempt any place from the operation of the whole or any portion of this Act but
not so as to affect anything done or any offence committed or any fine or
penalty incurred or any proceedings commenced in such place before such
exemption, and may in like manner vary or cancel such notification;
and it shall come into force on such day as the 4Government may by
notification in the 5Official Gazette direct.

1-A. The provisions of Chapters VI-A and VI-B shall apply only to the
transferred territory.
Interpretation
Clause
2 In this Act, and in all Rules made hereunder unless there is something
repugnant in the subject or context :-

Government "Government" means the 4State Government:

Collector "Collector" means the Chief Executive Revenue Officer of a district;
Forest Officer "Forest Officer" means any person appoi nted by name or as holding an officer
by or under the orders of the Gove rnment to be a Conservator, Deputy
Conservator, Assistant Conservator 6(Extra Assistant Conservator), Forest
Ranger, Forester, Forest Guard; or to discharge any function of a Forest
Officer under this Act or any rule made there under::

District Forest
Officer
District Forest "District Forest Offi cer" means the Chief Forest Officer of a
District or Officer of a portion of a dist rict if in independen t charge of such
portion:
Tree "Tree" includes stumps, bamboos and brushwood;
Timber "Timber" - "Timber" includes trees when they have fallen or have been felled,
and all wood, whether cut up or fashioned or hollowed out for any purpose or
not;
Forest
Produce
Forest Produce "Forest Produce" includes the following things when found in,
or brought from a Forest (that is to say):-
Minerals (including limestone and laterite), surface soil, trees, timber, plants,
grass, peat, canes, creepers, reeds, fiber s, leaves, moss, flowers, fruits,
seeds, roots, galls, spices, juice, cate chu, bark, cao-utchouc, gum, wood-oil,
resin, varnish, lac, charcoal, honey and wax skins, tusks, bones and horns;

Explanation 1 - In the transferred territo ry, "forest produce" also includes the
following things, whether found in, or brought from, a forest or not, that is to
say:-

timber or trees which are specified to be royalties under section 40-G.

Explanation II - For the purpose of explan ation 1, timber does not include any
wood that has been wrought for fashioned such as doors, windows, articles or
furniture and boxes:;

Forest offence Forest offence " Forest offence means an offence punishable under this Act
or any rule made hereunder;

Cattle "Cattle" includes elephants, camels, buffaloes, horses, mares, ponies, colts,
fillies, mules, asses, pigs, rams, cows, sheep, lambs, goats and kids.

River "river" includes streams, canals, ba ckwaters, creeks, and other channels,
natural or artificial.

Land at the
disposal of
Government
"Land at the disposal of Government" includes all unocc upied land, whether
assessed or unassessed; but does not in clude land the property of land-
holders by section 1 of Act VIII of 1865, 1Tamilnadu (namely), all persons
holding under a sanad milkiyat-i-istimrar; all other zamindars shrot riyamdars,
jagirdars, jnamdars and al l persons farming lands from the above persons or
farming the land revenue under Governmen t; also all holders of land under
riyotwar settlements. Or in any way subject to the payment of land-revenue
direct to Government, and all other registered holders of land in property right;

Explanation - In the transferred territory, "land at the disposal of Government"
also includes all land occupied temporarily and all land occupied without
permission, whether assessed or unassessed, but does not include land being
the property of jenmies ro Devaswoms:'
Magistrate "Magistrate" means a Magistrate of the first or second Class and includes a
Magistrate of the third class when he is specially empowered by Government
to try forest offences;
Imprisonment "Imprisonment" means imprisonment of either description as defined in the
Indian Penal Code.
"Scheduled timber" means any timber as specified in the schedule.
Transferred
Territory
Transferred territory means the Kanyakumari district and the Shencottah taluk
of the Tirunelveli district".

RESERVED FOREST CHAPTER – II

Power to Reserve Forests 3. The 1Government may constitute any land at the
disposal of Government a reserved forest in the
manner hereinafter provided.
4. Notification by the Government :- Whenever it is
proposed to constitute any land a reserved forest, the
1Government shall publish a notification in the 2Official
Gazette and in the Official Gazette of the district.

(a) Specifying, as nearly as possible, the situation
and limits of such lands;
(b) declaring that it is proposed to constitute such
land a reserved forest ;
(c) appointing an officer (hereinafter called "the
Forest Settlement Officer" ) to inquire into and
determine the existence, nature and extent of any
rights claimed by, or alleged to exist in favour of , any
person in or over any la nd comprised within such
limits, or to any forest produce of such land, and to
deal with the same as provided in this chapter.

The Officer appointed under clause(c)of this section
shall ordinarily be a person other than a Forest Officer,
but a Forest Officer may be appointed by the
1Government to attend on behalf of the Government at
the inquiry prescribed by this chapter.

Suits barred 5. Except as hereinafter provided no Civil Court
shall between the dates of the publication of the
notification under section 4 and the notification to be
issued under section 16, entertain any suit to establish
any right in or over any land or to the forest produce of
any land included in the notification published under
section 4.

Proclamation by Forest settlement
officer
6. When a notification has been issued under section
4, the Forest Settlement Officer shall publish in the
Official Gazette of the district and at the headquarters
of each taluk in which any portion of the land included
in such notification is situated, and in every town and
village in the neighbourhood of such land a
proclamation:

(a) specifying, as nearly as possible, the situation
and limits of the land propos ed to be included within
the reserved forests;
(b) setting forth the substance of the provisions of
section 7;
(c) explaining the consequences which, as
hereinafter provided will ensure on the reservation of
such forests; and
(d) fixing a period not less than three months from the
date of publishing such proclamation in the Official
Gazette of the district and requiring every person
claiming any right referred to in section 4 either to
present to such officer, withi n such period, a written
notice specifying, or to appe ar before him within such
period and state the nature of such right and in either
case to produce all documents in support thereof.

The Forest Settlement Officer shall also serve a notice
to the same effect on every known or reputed owner or
occupier of any land included in or adjoining the land
proposed to be constituted a reserved forest, or on his
recognized agent or manger. Such notice may be sent
by registered post to persons residing beyond the
limits of the district in which such land is situated.
Bar of accrual 7. During the interval between the publication of
such, proclamation and the date fixed by the
notification under section 16,

No right shall be acquired in or over the land included
in such proclamation, except under a grant or contract
in writing, made or entered into by, or on behalf of the
Government, or by, or on behalf of such person in
whom such right, or power to create the same was
vested when the proclamation was published, or by
succession from such person:

Prohibition of clearings, etc. And no fresh clearings for cultivation or for any other
purpose shall be made on such land. No patta shall,
without the previous sanction of the Board of Revenue,
be granted on behalf of
1Government in such land, and
every patta granted without such sanction shall be null
and void.

Nothing in this section shal l be deemed to prohibit any
act done with the permission in writing of the Forest
Settlement Officer.
Enquiry by Forest Settlement Officer 8. The Forest Settlement Officer shall take down in
writing all statem ents made under section 6, and shall
inquire into all claims made under the section
recording the evidence in the manner prescribed by
the Code of Civil Procedure
2in appeal able cases.
The Forest Settlement Officer shall at the same time
consider and record any objection which the Forest
Officer (if any) appointed under section 4 may make to
any such claim.
9. For the purpose of such enquiry the Forest
Settlement Officer may exercise the following powers
(that is to say):-
Powers of Forest Settlement Officer
(a) power to enter, by himself or any officer
authorized by him for the purpose, upon any land, and
to survey, demarcate and make a map of the same;
and
(b) the powers conferred on a Civil Court by the
Code of Civil Procedure for compelling the attendance
of witnesses and the production of documents.

10. In the case of a claim to a right in or over and
land other than the following rights
(a) A right of way;
(b) A right to a water-course, or to use of water;
(c) A right of pasture; or
(d) A right to forest produce
The Forest Settlement Offi cer shall pass an order
specifying the particulars of such claim and admitting
or rejecting the same wholly or in part

Admitted claims (i) If such claim is admitted wholly or in part, the
Forest Settlement Office r may (1) come to an
agreement with the claimant for the surrender of the
right; or (2) exclude the l and from the limits of the
proposed forests, or (3) proceed to acquire such land
in the manner provided by the Land Acquisition Act,
1870.

For the purpose of so acquiring such lands:-

(i) the Forest Settlement Officer shall be
deemed to be a Collector proceeding under the
Land Acquisition Act, 1870
(ii) the claimant shall be deemed to be a
person interested and appearing before him in
pursuance of a notice give n under section 9 of
that Act.
(iii) The provisions of the preceding sections
of that Act shall be deemed to have been
complied with; and
(iv) The Fo rest Settlement Officer with the
consent of the claimant, or the Court (as
defined in the said Act) with the consent of the
claimant and of the Collector of the district may
award compensation by the grant of right in or
over land, or by the payment of money, or
both.

Rejected Claims appeals (2) If such claim is reje cted wholly or in part, the
claimant may, within thirty days from the date of the
order prefer an appeal to the District Court in respect
of such, rejection only; provided, that the
1Government
may, on just and reasonable cause for the same being
shown, extend the period for such appeal within such
further period as may seem proper, and an order or
endorsement under the signature of one of the
Secretaries to Government shall be sufficient authority
for the said Court to entertain such appeal beyond the
limit above specified. If t he court decides that the
claim or such part thereof as has been rejected should,
be admitted, the Forest Settlement Officer shall
proceed to deal with it in like manners as if it had been
in the first instance admitted by himself.

(3) When a claim has been admitted in the first
instance wholly or in par t, a like appeal may be
preferred on behalf of Gove rnment by the Forest
Officer appointed under section 4 or other person
generally or specially empowered by the
1Government
in this behalf.

Claims to rights of way
watercourse pasture and to Forest
produce
11. In the case of a claim to rights of the kind
specified in clauses (a) , (b), (c) and (d) of section 10,
the Forest Settlement Officer shall pass an order
specifying the particulars of such claim as far as may
be necessary to define the nature incidents and extent
of the rights, claimed and admitting or rejecting such
claim wholly or in part,
When a claim to any such right is admitted, if the right
is for the beneficial enjoyment of any land or buildings,
he shall record the designation, position and area of
such land, and the designati on, position and area of
such land, and the designation and position of such
buildings.

Where the right is a right to forest produce, he shall
also record whether the forest produce, obtained by
the exercise of such right may be sold or bartered.
Provision of rights of pasture or to
Forest produce admitted
12. When the Forest Settl ement Officer has admitted
wholly or in part, and recorded under section 11, a
claim to a right of pasture or to forest produce, he
shall, as far as possible, provide for the exercise of
such right:-
(a) by altering the limits of the proposed reserved
forest so as to exclude l and of sufficient extent, of
suitable kind, and in a locali ty reasonably convenient
for the purposes of the claimant;
(b) by recording an order continuing to the claimant
a right of pasture or to fo rest produce (as the case
may be) subject to such rules as may be prescribed
by the
1Government
The order passed under clause (b) shall record as far
as practicable, the number and description of the cattle
which the claimant is from time to time entitled to
graze, the local limits within which and the seasons
during, which such pasture is permitted; or;

The quantity of timber or ot her forest produce which
the claimant is authorized to take or receive, the local
limits within which, the s eason during which and the
mode in which the taking of such produce is permitted;
and;
Such other particulars as may be required in order
define the extent of the right which is continued, and
the mode in which it may be exercised.
Commutation of such rights 13. Whenever any right of pasture or to forest produce
admitted under section 11 is not provided for in one of
the ways prescribed in section 12, the Forest
Settlement Officer shall, subject, to such rules as the
Government, may prescribe in this behalf, commute
such right by paying a sum of money in lieu thereof or
with the consent of the claimant, by the grant of right in
or over land or in such other manner as such officer
thinks fit.

Appeal from order passed under
sections 11,12 and 13
14. The claimant or the Forest Officer appointed under
section 4, or any other per son generally or specially
empowered by the government in this behalf may
within 60 days, from the dat e of any order passed by
the Forest Settlement Office r under sections 11,12,
and 13 present an appeal from such order

to a forest Court constituted as hereinafter provided or
where no such court is consti tuted, to such officer of
the Revenue Department of not less than 12 years
standing as the
1Government may, from time to time
by notification in the 2Official Gazette appoint by name
or as holding an office, to hear appeals from such
orders.
In disposing of such appeals the Revenue Officer
appointed as aforesaid shall be guided by the
provisions of sections 39 and 40 of this Act.
Appeal under section 14 15. Every appeal under sect ion 14 shall be made by
petition in writing, and may be delivered to the Forest
Settlement Officer who shall forward it without delay to
the appellate authority.
16. 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 within
such period have been disposed of by the Forest
Settlement Officer; and
(b) if such claims have been made, the period fixed
by sections 10 and 14 for app ealing 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 and;
(c) all proceedings prescribed by section 10 have
been taken and all lands (if any) to be included in the
proposed forest which the Forest Settlement Officer
has under section 10 elected to acquire under the
Land Acquisition Act, 1870, have become vested in the
Government under section 16 of that Act;
The 1Government may publish a 2notification in the
3Official Gazette specifying the limits of the forest
which it is intended to reserve and declaring the same
to be reserved from a date to be fixed by such
notification
The Forest Settlement Officer shall, before the date so
fixed publish such notification in the manner prescribed
for the proclamation under section 6. From the date so
fixed, such forest shall be deemed to be reserved
forest.
Extinction of rights not claimed 17. Right in respect of which no claim has been
preferred under section 6 shall thereupon be
extinguished, unless, before the publication of such
notification, the person claiming them has satisfied the
Forest Settlement Officer that he had sufficient cause
for not preferring such claim within the period fixed
under section 6; in which ca se the Forest Settlement
Officer shall proceed to dis pose of the claim in the
manner herein before provided.
Power of the Government to redefine
the limits of reserved forests in
certain cases.
17-A(1) While the description of the limits any reserved
forest notified under section 16 is defective or is not
clear in reference to existing facts, the
2Government
may, by 3notification in the 4Official Gazette declare
their intention to redefine the limits of such reserved
forests so as to remove the defect or to make the
description clear in reference to existing facts. Such
notification shall specify as nearly as possible the
corrections which it is proposed to effect to the limits of
the reserved forest.
(2) On the issue of a notification under sub-section
(1), the District Forest Of ficer shall publish in the
official Gazette of the dist rict concerned and in such
other manner as may be prescribed by rules made in
that behalf a notice
(a) specifying the corrections proposed by the
notification under sub-section (1); and
(b) stating that any objections which may be made in
person or in writing to the District Forest Officer, within
a period of 30 days from the date of publication of the
notice, will be considered by him.
(3) After the expiry of t he period referred to in clause
(b) of sub-section (2) and after considering the
objections, if any, received by him, the District Forest
Officer shall submit to the Government the record of
the proceedings held by hi m together with a report
thereon.

(4) The 1Government may, after considering the
report of the District Forest Officer, by notification in
the 2Official Gazette redefine th e limits of the reserved
forest, as proposed by the notification under sub-
section (1), with such modifica tions as they think fit or
without any modifications.

(5) Save as provided in this section, it shall not be
necessary to follow the proc edure laid down in section
4 to 16 before issuing a notification under sub-section
(4).

No right acquired over reserved forest
except as here provided
18. No right of any description shall be acquired in or
over a reserved forest, except under a grant or
contract in writing made by or on behalf of the
Government, or by or on behalf of some person in
whom such right, or the pow er to create such right,
was vested when the notification u nder section 16 was
published or by succession from such persons:

Provided that no patta shal l without previous sanction
of the 3Board of Revenue be gr anted on behalf of
Government for any land included within a reserved
forest, and every patta granted without such sanction
shall be null and void.

Rights continued under section 12 not
to be alienated without sanction
19. Notwithstanding anything herein contained no
right continued under section 12 shall be alienated by
way of grant, sale, lease, mortage or otherwise without
the sanction of the Government; Provided that, when
any such right is continued for the beneficial enjoyment
of any land or buildings, it may be sold or otherwise
alienated with such land or buildings without such
sanction. Any alienation of such right in contravention
of this section shall be null and void.

No forest produce obtained in exercise of any right
continued under section 12 sh all be sold or bartered
except to the extent defi ned by the order recorded
under sections 11 and 12.

Any person selling or bartering any forest produce in
contravention of this se ction shall be punished with
fine which may extent to two hundred rupees.

Power to stop ways and water course
in reserved forest
20. The District Forest Offi cer may from time to time,
with the previous sanction of the Government, stop
any public or private way or water-course in a reserved
forest: Provided that a reasonably convenient
substitute for the way or water-course so stopped
already exists, or has been provided or constructed in
lieu thereof.
Penalties for trespass or damage in
reserved forests and acts prohibited
in such forests
21. Any person who
(a) makes any fresh clearing prohibited by
section 7 ; or
(b) sets fire to a rese rved forest, or kindles, or
leaves burning, any fire in such manner as to
endanger the same; or who, in a reserved forest,-
(c) kindles, keeps or carries any fire except at
such season and in such manner as the District Forest
Officer may from time to time notify:
(d) trespasses or pastures cattle, or permits
cattle to trespass;
(e) fells, girdles, marks, lops, tops, uproots or
burns any tree, or strips off the bark or leaves from, or
otherwise damages, the same.
(f) quarries st one, burns lime or charcoal, or
collects, subject to any manufacturing process, or
removes any forest produce;
(g) clears, cultivates or breaks up any land for
cultivation or any other purpose; or
(h) In contravention of any rules made by the
1Government hunts, shoots, fishes, poisons water or
sets traps or snares;
(i) Damages, alters or removes any wall, ditch,
embankment, fence hedge or railing;

shall, in addition to such compensation for damage
done to the forest as the convicting court may direct to
be paid, be punished:-

2(1) in any case where any of the acts aforesaid
relates to any scheduled tim ber, with imprisonment for
a term which may extend to five years and with fine
which may extend to twenty-thousand rupees;
Provided that,

(a) for a first offence, the term of such
imprisonment shall not be less than two years and
such fine shall not be less than Seven thousand and
Five Hundred rupees:
(b) for a second or subsequent offence the term of
such imprisonment shall not be less than three years
and such fine shall not be less than fifteen thousand
rupees;

(2) in any other case, with imprisonment for a term
which may extent to six months, or with fine which may
extend to five hundred rupees, or with both"

Nothing in this section shall be deemed to prohibit Acts exempted from prohibition
contained in this section
(a) any act done in accordance with any rule made
by the Government or with the permission in writing of
the District Forest Officer, or of an officer authorized by
him to grant such permission; or
(b) the exercise of any right continued under
section 12 or created by gr ant or contract in the
manner described in section 18:
Provided that this section s hall not be held to interfere
with such working of the forest as may be ordered by
the District Forest Officer.
Suspension of right in reserved forest 22. Whenever fire is caused willfully or negligently in a
reserved forest, the Government may (notwithstanding
that a penalty has been inflicted under section 21)
direct that in such forest or any portion thereof the
exercise of all rights of pas ture or to forest-produce
shall be suspended for such period as it thinks fit.

23. Every person who exercises any right in a
reserved forest or who is permitted to take any forest
produce from, or to cut and remove timber or to
pasture cattle in such forests; and
Persons bound to assist forest officer
and police officer
every village officer or person in any village contiguous
to such forest who is employed by the Government;

shall be bound to furnish without unnecessary delay to
the nearest Forest Officer or Police Station-House-
Officer any information he may possess respecting
the occurrence of a fire in or near such forest or the
commission of or intention to commit, any forest
offence; and shall assist any Forest Officer or Police
Officer demanding his aid-

(a) in extinguishing any fire occurring in such
forest;
(b) in preventing any fi re which may occur in the
vicinity of such forest from spreading to such
forest;
(c) in preventing the commission in such forest of
any forest offence; and
(d) when there is reason to believe that any such
offence has been committed in such forest, in
discovering and arresting the offender.

Power to declare Forest no longer
reserve
24. The Government ma y (***) by notification 2 in the
3Official Gazette, direct that from a date to be fixed by
such notification, any forest or any portion thereof
reserved under this Act shall cease to be reserved.

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.

Forest reserved previous to the
passing of this Act:
25. The "Government may, by notification 4 in the
3(Official Gazette) declare any forest which has been
reserved by order of the Government previous to the
day on which this Act comes into force to be a
reserved forest under this Act:
Provided that if the rights of the Government or of
private persons to or over any land or forest produce in
such forest have not been inquired into, settled and
recorded in manner which the Government thinks
sufficient, the same shall be inquired into settled and
recorded in the manner provided by this Act for
reserved forest, before the date on which the
notification declaring the fo rest to be reserved takes
effect.

All questions decided, orders issued and records
prepared in connection with th e reservation of such
forest shall be deemed to have been decided, issued
and prepared hereunder, and the provisions of this Act
relating to reserved forest. shall apply to such forests.

CHAPTER – III
PROTECTION OF LAND AT THE DISPOSAL OF GOVERNMENT NOT INCLUDED IN
RESERVED FORESTS

Power to
make rules
26. Subject to all rights now legally ve sted in individuals and communities, the
Government may for any district or portion of a district make rules to regulate the
use or the pasturage or of the natural produce of l and at the disposal of
Government and not included in a reserved forest. Such rules may with respect to
such land

(a) regulate or prohibit the clearing or breaking up of land for cultivation or other
purposes;

(b) regulate or prohibi t the kindling of fine and prescribe the precautions to be
taken to prevent the spreading of fires;

(c) regulate or prohibit the cutting, sawing, conversion and removal of trees and
timber and the collection and removal of natural produce;

(d) regulate or prohibit the cutting, sawing, conservation and removal of trees
and timber and the collection and removal of natural produce;

(e) regulate or prohibit the cutting of grass and pasturing or cattle, and regulate
the payments (if any) to be made for such cutting or pasturing;

(f) regulate or prohibit hunting, shooting, fishing, poi soning water and setting
traps or snares;
(g) regulate the sale or free grant of timber or other natural produce and

(h) prescribe the f ees, royalties or other payments for such timber or other
natural produce, and the manner in which su ch fees, royalties or other payments
shall be levied.

Provided that the 1(Government) may exempt any person or class of persons from
the operation of all or any of such rules.

Power to
close land
against
pasture
27. Whenever fire is caused willfully or negligently in any land to which all or any
of the rules made under section 26 have been extended, the Government may,
notwithstanding that a penalty has been inflicted under that section, direct that
such land be closed against pasture for such period as it thinks fit:

Penalties 28. Whoever pastures cattle or permits cattle to trespass in land closed under
section 27 shall be punished with impr isonment for a term which may extend to
one month, or with fine which may extend to two hundred rupees, or with both.

228-A. Whoever infringes any rules made under section 26 shall be punished- Penalties
for breach
of rules
made under
section 26.
(1) in any case where such infringement relates to any scheduled timber, with
imprisonment for a term which may extend to five years and wit h fine which may
extend to twenty thousand rupees;

Provided that-

(a) for a first offence, the term of such imprisonment shall not be less than
two years and such fine shall not be less than Seven thousand and Five
hundred rupees;

(b) for second or subsequent off ence, the term of such imprison -ment
shall not be less than three years and such fine shall not be less than
fifteen thousand rupees.

2. In any other case, wit h imprisonment for a term which may extend to one
month, or with fine which may extend to on e month, or with fine which may extend
to two hundred rupees, or with both.
CHAPTER – IV
OF THE CONTROL OVER FORESTS AND LANDS NOT AT THE DISPOSAL OF
GOVERNMENT OR IN WHICH GOVERNMENT HAS A LIMITED INTEREST
29. The 1Government may from time to time by notification in the 2Official
Gazette and in the Official Gazettes of the district affected thereby regulate or
prohibit in any forest wasteland not at the disposal of Government
(a) the breaking up or clearing of land for cultivation;

(b) the pasturing of cattle;

On certain
lands, the
breaking up
or clearing for
cultivation,
etc may be
regulated for
prohibited
(c) the fi ring or clearing of the veget ation; when such regulation
or prohibition appears to be necessa ry for any of the following
purposes:-
First - For protection against storms , winds, rolling stones, floods and
avalanches;

Second - For the preservation of the soil on the ridges and slopes, and in the
valleys of hilly tracts, the prevention of landslips and of the formation of
ravines and torrents and the protection of land against erosion, or the deposit
thereon of sand, stones or gravel;

Third - For the maintenance of a water-supply in springs, rivers and tanks;

Fourth - For the protection of roads , bridges, railways and other lines of
communication;

Fifth - For the preservation of the public health and may alter or cancel such
notification;

The Government may, for any such pur pose, construct at their own expense,
in or upon any such forest or land , such works as they think fit:

Provided that no such notif ication shall be made or work begun until after the
issue of a notice to the owner of such fo rest or land calling upon him to show
cause, within a reasonable period to be sp ecified in such notice, why such
notification should not be made or work constructed, and until his objections
(if any) and any evidence he may produce in support of the same have been
heard by an officer duly appointed in that behalf, and have been considered
by the Government.

In case of
refusal by
owner
Govern-ment
may take such
lands on lease
or acquire
them.
30. Whenever the owner of such forest or land may decline to comply with
the regulations or directi ons contained in the said no tification, it shall be
incumbent upon the Government, if they resolve to assume control of the said
forest or land, to take the said forest or land, or so much of it as they may see
fit, on lease from the owner for such te rm as they may deem it necessary to
retain the same under control, and the owner shall be bound either to
conclude such lease with the Government or to require that such forest or
land shall be acquired for public purposes, and in the latter event the
Government shall acquire such forests or land accordingly. If such lease is
agreed upon, the amount of annual rent to the reserved, and all other
questions arising between the owner or persons claiming to be owners and
the Government shall in case of disput e, be determined in accordance, so far
as may be, with the provisions of the Land Acquisition Act, 1870.
Acquisition of
forest or land
31. In any case under this Chapter in which the Government consider that, in
lieu of taking the forest or land under its control, the same should be acquired
under the
Land
Acquisition
Act
for public purposes, the Government may proceed to acquire it in the manner
prescribed by the Land Acquisition Act, 1870.

Protection of
forest at
request of
owners
32. The owner of any land, or, if t here be more than one owner thereof, the
owners of shares therein, whether di vided or not, amounting in the aggregate
to at least two-thirds thereof, may, with a view to the formation or conservation
of forests thereon represent in writing to the Collector their desire-

(a) that such land be managed on their behalf by the District Forest
Officer, as a reserved forest, on such terms as may be agreed upon; or

(b) that such land be managed subject to the control of the Collector by
a person appointed by themselves and approved by the Collector; or

The Government may in any such case, by notification in the 2Official
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.

Any such notification may be altered or cancelled by a like notification.

33. If the Government and any person or persons are jointly interested in a y
forest or waste-land, or in the whole or any part of th e produce thereof, the
Government may either-
Management
of forests, the
joint property
of
Government
(a) undertake the management of such forest, waste-land or produce,
accounting to such person for his interest in the same; or
and other
persons
(b) issue such regulations for the management of the forest, wasteland
or produce by the persons so jointly interested as it deems necessary for the
management thereof and the interests of all parties therein.
When the Government undertakes, under clause (a) of this section, the
management of any forest, waste-land or pr oduce, it may, by notification in
the 1Official Gazette and the Official Gazette of the district., declare that any of
the provisions contained in Chapters II and III of this Act sh all apply to such
forest, wasteland or produce, and there upon such pr ovisions shall apply
accordingly.

34.All persons employed under secti ons 30, 32 and 33 to carry out the
provisions of this Act shall be deem ed to be Forest Officers within the
meaning of this Act.
Persons
employed to
carry out the
Act to be
deemed
Forest Officer
2The Government shall also have power to appoint any person to discharge
any function of a Forest Officer under any of the provisions of this Act which
have been extended to any land or to any forest or waste land or produce
thereof by a notification under section 32 or sect ion 33 or under any rule
made in pursuance of any provision so extended.
CHAPTER – V
CONTROL OF TIMBER IN TRANSIT
35. The 1Government may make rules to regulat e the transit of all timber or of
certain classes of timber within loca l limits as may appear to be necessary.
Such rules may (among other matters)-
Power to
make rul

Excerpt shown. Open the full act in Lexace.

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