LexThe Telangana Forest Act, 1967.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA FOREST ACT, 1967.
(ACT NO.1 OF 1967)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
Reserved Forests
3. Power to reserve forests.
4. Notification by Government.
5. Suits barred.
6. Proclamation by Forest Settlement Officer.
7. Bar of accrual of forest rights and prohibition of
clearings.
8. Inquiry by Forest Settlement Officer.
9. Powers of Forest Settlement Officer.
10. Claims to certain rights.
11. Claims to rights of way, etc.,
12. Compensation for rights.
13. Appeals from the orders of Forest Settlement
Officer.
14. Appointment of Pleaders.
15. Notification declaring Forest reserved.
16. Extinction of rights not claimed.
2 [Act No. 1 of 1967]
17. No right acquired over reserved forest except as
herein provided.
18. Right continued under section 11 not to be
alienated without sanction.
19. Power to stop ways and water courses in reserved
forest.
20. Penalties for trespass or damage in reserved forest
and acts prohibited in such forest.
21. Suspension of rights in reserved forest.
22. Persons bound to assist forest officer and police
officer.
23. Power to declare reserved forest as no longer
reserved.
CHAPTER III
Protected Forests
24. Protected forests.
25. Power to close forest against pasture.
26. Power to issue notification reserving trees, etc.,
27. Power to make rules.
28. Power to declare protected forest to cease to be
protected.
CHAPTER IV
Control of timber and other forest produce in transit
or possession.
29. Power to make rules to regulate the transit and
possession of timber and other forest produce.
30. Government and forest officers not liable for
damage to forest produce at depots and stations.
[Act No. 1 of 1967] 3
31. Persons employed at depots and stations bound to
aid in case of accident.
CHAPER V
Possession of Sandalwood
32. Possession of sandal-wood under licence or mark.
33. Forms and conditions of licence.
34. Power to cancel or suspend licence.
35. Appeal.
36. Penalties.
CHAPTER VI
Of the collection of drift and stranded timber.
37. Certain kinds of timber to be deemed property of
Government until title thereto is proved and may be
collected accordingly.
38. Notice to claimants to drift timber.
39. Procedure on the presentation of claim to such
timber.
40. Disposal of unclaimed timber.
41. Government and their officers not liable for damage
to timber collected under section 37.
42. Payment to be made by claimant before timber is
delivered to him.
43. Power to make rules and prescribe penalty for
contravention thereof.
CHAPTER VII
Penalties and Procedure.
44. Seizure of property liable to confiscation and
procedure thereupon.
4 [Act No. 1 of 1967]
45. Timber, forest produce, tools etc., when liable to
confiscation.
46. Disposal on conclusion of trial for forest offence of
timber or forest produce in respect of which it was
committed.
47. Procedure when offender is not known or cannot be
found.
48. Procedure in regard to perishable property seized
under section 44.
49. Appeal from orders under section 45, section 46, or
section 47.
50. Property when to vest in Government.
51. Saving of power to release property seized.
52. Penalty for counterfeiting marks on trees and timber
and for altering boundary marks.
53. Power to arrest without warrant.
54. Power to release on bond a person arrested.
55. Punishment of wrongful seizure or arrest.
56. Power to prevent commission of offence.
57. Power to try offences summarily.
58. Operation of other laws not barred.
58-A. Order of confiscation not to bar imposition of other
penalty.
59. Power to compound offences.
60. Presumption that timber or forest produce belongs
to the Central or State Government.
CHAPTER VIII
Cattle Trespass
61. Cattle Trespass Act, 1871 to apply.
[Act No. 1 of 1967] 5
CHAPTER IX
Powers of Forest Officers
62. Government may invest forest officers with certain
powers.
63. Forest Officers deemed public servants.
64. Power of entry and inspection.
65. Indemnity for acts done in good faith.
CHAPTER X
Miscellaneous
66. Revision.
67. Power of Government to exempt any area from the
provisions of the Act.
68. Power of Government to make rules.
69. Government may delegate powers.
70. Recovery of money due to Government.
71. Land required under this Act to be deemed to be
needed for public purpose under the Land
Acquisition Act, 1894.
72. Repeal.
THE TELANGANA FOREST ACT, 1967.1
ACT No.1 of 1967.
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Forest Act,
1967.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date 3 as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires-
(a) „cattle‟ includes cows, oxen, elephants, camels,
buffaloes, horses, mules, asses, pigs, sheep, goats and
such other kind of animals as the Government may, by
notification, specify;
(b) „Court‟ means the principal civil court of original
jurisdiction;
(c) „Divisional Forest Officer‟ means the forest officer in
independent charge of a forest division;
1. The Andhra Pradesh Forest Act, 1967 received the assent of the
President on 24.02.1967. The said Act in force in the combined State, as
on 02.06. 2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.22, E.F.S&T
(For.I) Department, dated 13.05.2015.
2. Substituted by G.O.Ms .No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
3. Came into force w.e.f.15.04.1967.
Short title, extent
and
commencement.
Definitions.
2 [Act No. 1 of 1967]
(d) „forest division‟ means such area as may be
declared, by notification, by the Government or by such
authority as may be empowered by the Governmen t in this
behalf to be a forest division for the purposes of this Act;
(e) „forest offence‟ means an offence punishable under
this Act or any rule made thereunder;
(f) „forest officer‟ means any person appointed by the
Government or by any officer empowered b y the
Government in this behalf,-
(i) to be the Chief Conservator, Deputy Chief
Conservator, Conservator, Deputy Conservator, Assistant
Conservator, Divisional Forest Officer, Ra nger, Deputy
Ranger, Forester, Forest Guard, Forest Watcher, Thanadar,
Checking Officer or Plantation Watcher;
(ii) to perform any function of a forest officer under
this Act or any rule or order made thereunder;
but does not include a Forest Settlement Officer appointed
under clause (c) of sub-section (1) of section 4;
(g) „forest produce‟ includes–
(1) The following whether found in, or brought from a
forest or not, that is to say timber, bamboos, charcoal,
rubber, cacutchour, catechu, wood-oil, resin, natural varnish
bark, lac, mahuaflow ers, mahuaseeds, myrobalans, tun ki
leaves, rousa grass, rauwolfia serpentina, adda leaves;
(2) The following when found in, or brought from a
forest, that is to say-
[Act No. 1 of 1967] 3
(i) trees, such leaves, flower s and fruits as may be
prescribed and all other parts or produce not herein before
mentioned of trees;
(ii) plants not being trees (including grass,
creepers, reeds and moss) and all parts or produce of such
plants;
(iii) wild animals, wild birds, skins, tusks, horns,
bones, silk cocoons, honey, wax, and all other parts or
produce of animals and birds;
(iv) peat, surface soil, rock and minerals (including
lime stone and laterite) mineral oil and all products of mines
or quarries; and
(3) Such other produce as may be prescribed;
(h) „Government‟ means the State Government;
(i) „magistrate‟ means a magistrate of the first class or
second class havi ng jurisdiction and includes a m agistrate
of the third class specially empowered by the Go vernment
in this behalf to try forest offences;
(j) „notification‟ means a notification published in the
4Telangana Gazette;
(k) „owner‟ in relation to a forest includes a
mortgagee with possession, lessee or other person having
right to the possession and enjoyment of the forest;
(l) „prescribed‟ means prescribed by rules made
under this Act;
4. Substituted by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
4 [Act No. 1 of 1967]
(m) „red sanders wood‟ means the wood der ived out
of any part of the tree known by its botanical name as
“Pterocarpus santalinus” and include chips, dust or powder
of such wood;
(n) „river‟ includes a stream, canal, backwater, creek
and other channel, natural or artificial;
(o) „sandalwood‟ means the wood derived out of any
part of the tree known by its botanical name as Santalum
album and includes chips, dust or powder of such wood;
(p) „teakwood‟ means the woods derived out of any
part of the tree known by its botanical name as Tectona
grandis;
(q) „timber‟ includes trees fallen or felled, and all
wood, cut up or sawn;
(r) „tree‟ includes bamboos, stu mps, brushwood and
canes.
CHAPTER-II
Reserved Forests
3. The Government may constitute any land as a reserved
Forest in the manner hereinafter provided.
4. (1) Whenever it is proposed to constitute any land as a
reserved Forest, the Government shall publish a notification
in the 5Telangana Gazette and in the District Gazett e
concerned, if any,-
5. Substituted by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
Notification by
Government.
Power to reserve
forests.
[Act No. 1 of 1967] 5
(a) specifying, as nearly as possible, the situation and
limits of such land;
(b) declaring that it is proposed to constitute such
land as reserved forest;
(c) appointing a Forest Settlement Officer to consider
the objections, if any, against the declaration under c lause
(b) and to enquire 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 land comprised within
such limits, or to a ny forest produce of such land, and to
deal with the same as provided in this Chapter.
Explanation:- (1) For the purpose of c lause (a), it shall
be sufficient to describe the limits of the land by any well -
known or readily intelligible boundaries, such a s roads,
rivers, bridges and the like.
(2) A person appointed to be a Forest Settle ment
Officer under clause (c) of sub-section (1) shall be an officer
of the Revenue Department not below the rank of a Revenue
Divisional Officer.
(3) Any forest officer may represent the Forest
Department at the inquiry conducted under this Chapter.
5. Save as othe rwise provided in this Act, no c ourt shall
between the dates of the publica tion of the notification
under s ection 4 and the notification to be issued under
section 15, entertain any suit or other action against the
Government to establish any right in, or over, any land, or to
forest produce of any land included in the notification
published under section 4.
Suits barred.
6 [Act No. 1 of 1967]
6. (1) Where a noti fication has been issued under s ection
4, the Forest Settlement Officer shall publi sh in the main
language of the d istrict, in the District Gazette concerned or
where there is no such Gazette, in the 6Telangana Gazette,
and in the regional language in every town and village and
at the headquarters of each taluk and at the office of the
Gram Panchayat, in which any port ion of land included in
the said notification is situate, a proclamation,-
(a) specifying, as nearly as possible, the situation and
limits of the land proposed to be included within the
reserved forest;
(b) setting forth the substance of the provisions of
section 7;
(c) explaining the consequences which, as
hereinafter provided, will ensue on the reservation of such
forest; and
(d) fixing a period of not less than six months and not
more than one year from the date of publishing such
proclamation at the headquarters of the taluk, and calling for
objections, if any, within the period so fixed from any person
interested against the declaration under c lause (b) of
sub-section (1) of s ection 4, and requiring every person
claiming any right i n such land either to present to the said
officer, within the period so fixed, a written statement
specifying, or to appear before him within the said period
and state, the nature of such rights, and in either case to
produce all documents in support thereof.
6. Substituted by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
Proclamation by
Forest Settlement
Officer.
[Act No. 1 of 1967] 7
(2) The Forest Settlement Officer shall also serve in the
manner prescribed, a copy of the proclamation on every
known or reputed owner or occupier of any land included in
or adjoining the land proposed to be constituted as a
reserved forest, or on his recognised agent or manager.
7. (1) During the interval between the publication of a
notification in the 7Telangana Gazette under s ection 4 and
the date fixed by the notification under section 15-
(a) no right shall be acquired by any person in or over
the land incl uded in the notification under s ection 4 except
by succession or under a grant or contract in writing made
or entered into by or on behalf of the Government or any
person in whom such right was vested before the
publication of the notification under section 4;
(b) no new house shall be built or plantation formed,
no fresh clearing for cultivation or for any other purpose
shall be made, on such land and no trees shall be cu t from
such land for the purpose of trade or manufacture:
Provided that nothing shall prohibit the doing of any act
specified in this clause with the permission in writing of the
Forest Settlement Officer; and
(c) no person shall set fire or kindle or leave burning
any fire in such manner as to endanger or damage such
land or forest produce.
(2) No patta in such land shall be granted by or on
behalf of the Government.
7. Substituted by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
Bar of accrual of
forest rights and
prohibition of
clearings.
8 [Act No. 1 of 1967]
8. (1) The Forest Settlement Officer shal l consider every
objection and inquire into every claim made under section 6,
after recording in writing the statements made or evidence
given in pursuance of the proclamation published or notice
served under that section. He shall record any
representation which the forest officer, if any, representing
the Forest Depart ment under sub -section (3) of s ection 4,
may make in respect of any such objection or claim.
(2) The evidence under sub -section (1) shall be
recorded in the manner provided by the Code of Civil
Procedure, 1908 in appealable cases.
9. For the purpose of an inquiry under section 8, the
Forest Settlement Officer may exercise the following powers,
namely:
(a) power to enter by himself or to authorise any officer
to enter upon any land and to survey, demarcate and make
a map of the land; and
(b) the powers conferred on a civil court by the Code of
Civil Procedure 1908, for summoning and enforcing the
attendance of any person and examining him on oath and
requiring the production of any document or other article.
10. (1) where the claim relates to a right in or over any land
other than the following rights:-
(a) a right of way;
(b) a right to water course, or to use of water;
(c) a right of pasture; or
(d) a right to forest produce;
Inquiry by Forest
Settlement Officer
Claims to certain
rights
Powers of Forest
Settlement Officer.
[Act No. 1 of 1967] 9
the Forest Settlement Officer shall, after considering the
particulars of such claim, and the objections of the forest
officer, if any, pass, an order, admitting or rejecting the
same wholly or in part after recording the reasons therefor.
(2) (a) If any claim is admitted wholly or in part under
sub-section (1), the Forest Settlement Officer may:-
(i) accept the voluntary surrender of the right by the
claimant or determine the amount of compensation payable
for the surrender of the right of the claimant, as the case
may be; or
(ii) direct the exclusion of the land from the limits of
the proposed forest; or
(iii) acquire such land in the manner provided by
8the Land Acquisition Act, 1894 (hereinafter in this sub -
section referred to as the said Act.)
(b) For the purpose of acquiring such land–
(i) the acquisition shall be deemed to be for a public
purpose; and the notification under s ection 4 shall be
deemed to be a notification under sub-section (1) of section
4 of the said Act;
(ii) the Forest Settlement Officer shall be deemed to
be a Collector under the said Act, and the claimant shall be
deemed to be a person interested and appearing before him
in pursuance of a notice given under section 9 of the said
Act;
(iii) the provisions of s ections 5-A, 6, 7 and 8 of the
said Act shall not be applicable; and
8. See now the Central Act No.30 of 2013.
10 [Act No. 1 of 1967]
(iv) the Forest Settlement Officer with the consent of
the claimant, or the c ourt as defined in the said Act with the
consent of the claimant and of the Government may, instead
of money compensation, award compensation by the grant
of any other land in exchange, by the grant of any right in or
over land or partly by the grant of any land o r any right
therein and partly by the payment of money.
11. (1) Where the claim relates to any of the rights
specified in c lauses (a) to (d) of sub -section (1) of s ection
10, the Forest Settlement Officer shall, after considering the
particulars of such claim so far as may be necessary to
define the nature , incidents and extent of the right claimed,
and the objections of the forest officer, if any, pass an order,
admitting or rejecting such claim wholly or in part, after
recording the reasons therefor.
(2) Where the claim admitted relates to a right for the
beneficial enjoyment of any land or building, the Forest
Settlement Officer shall record the designation , position and
area of such land and the designation and position of such
building.
(3) Where the claim admitted relates to a right of way or
to a water course or to the use of water, the Forest
Settlement Officer shall, either accept the voluntary
surrender of the right by the claimant, with or without
conditions, or pass an or der for the continuance of the
exercise of such right, subject to such conditions as may be
agreed upon between the Forest Department and the
claimant or in default of such agreement, as the Forest
Settlement Officer, may impose.
(4) Where the claim admitted relates to a right of
pasture or to forest produce, the Forest Settlement Officer
shall, either accept the voluntary surrender of such right or
pass an order, providing for the exercise of such right, if
Claims to rights of
way, etc.,
[Act No. 1 of 1967] 11
any, subject to such co nditions or restrictions as he may
impose, or directing the exclusion of the land of sufficient
extent, of a suitable kind, and in a locality reasonably
convenient to the claimant, by altering the limits of the
proposed reserved forest.
(5) In the order passed under sub -section (4) the
Forest Settlement Officer 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 other forest produce
which the claimant is authorised to take or receive, the local
limits within which, the seasons during which, and the mode
in which, the taking or receiving such produce is permitted,
and such other particulars as may be required in order to
define the extent of the right which is continued and the
mode in which it may be exercised.
(6) A copy of every order passed under this section
shall be furnished to the claimant by th e Forest Settlement
Officer and another copy shall be forwarded to the forest
officer, if any, representing the Forest Depar tment under
sub-section (3) of s ection 4 or where no such officer is
appointed, to the Divisional Forest Officer.
12. Where the Forest Settlement Officer finds it impossible,
having due regard to the maintenance of the reserved
forest, to make such settlement under s ection 11 as shall
ensure the continued exercise of the said rights to the extent
so admitte d, he shall direct the Forest Department to pay
compensation as determined on the basis of the value of
such right on the d ate of notification under s ection 4, in
accordance with the provisions of the 9Land Acquisition Act,
1894, in so far as such provisions are applicable.
9. See now the Central Act No.30 of 2013.
Compensation for
rights.
12 [Act No. 1 of 1967]
13. (1) Where a claim is rejected wholly or in part, the
claimant may, within ninety days from the date of the order
under sub -section (1) of section 10 and within s ixty days
from the date of the order under sub -section (1) of s ection
11, prefer an appeal to the district court having jurisdiction in
respect of such rejection only.
(2) W here a claim is admitted under section 10 or
section 11 in the first instance who lly or in part and w here
such claim does not relate to the acquisition of any land
under the 10Land Acquisition Act, 1894, a like appeal,
subject to the same period of limitation and subject to the
same conditions, may be preferred to the district c ourt
having jurisdiction on behalf of the Government by the forest
officer or other person, generally or specially empowered by
the Government in this behalf.
(3) Every order passed on appeal under this section
shall be final.
(4) Where the district court, on appeal, 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 manner as if it has been in the first instance
admitted by himself.
14. The Government or any person who has made a claim
under this Act may appoint any person to appear, plead and
act on their or his behalf in the course of any enquiry or
other proceeding under this Act.
15. (1) Upon the occurrence of the following events
namely:-
10. See now the Central Act No.30 of 2013.
Appeals from the
orders of Forest
Settlement Officer.
Appointment of
Pleaders.
Notification
declaring forest
reserved.
[Act No. 1 of 1967] 13
(a) the period fixed under section 6 for preferring of an
objection or a claim had elapsed, and every objection or
claim made under that section was disposed of by the
Forest Settlement Officer; and
(b) if any such claim w as made, the period limited by
section 13 for preferring an appeal from the order passed on
such claim had elapsed, and every appeal presented within
such period was disposed of by the appellate authority; and
(c) all proceedings mentioned in section 10 were taken
and all lands, if any, to be included in the proposed forest,
which the Forest Settlement Of ficer had, under s ection 10,
elected to acquire under the 11Land Acquisition Act, 1894,
had become vested in the Gover nment under s ection 16 of
that Act;
the Government may publish a notification specifying
definitely according to the boundary marks erected or
otherwise, 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 and from the date so fixed,
such forest shall be deemed to be a reserved forest.
(2) Copies of the notification shall also be published in
the District Gazette, if any, and in the manner provi ded for
the proclamation under section 6.
16. Rights in respect of whic h no claim was preferred
under s ection 6 within the period fixed under that section
shall stand extinguished on the publication of the notification
under s ection 15 unless, before the publication of such
notification the person claiming them has convinced the
Forest Settlement Officer that he had sufficient cause for not
preferring such claim within that period in which case the
11. See now the Central Act No.30 of 2013.
Extinction of rights
not claimed.
14 [Act No. 1 of 1967]
Forest Settlement Officer sha ll proceed to dispose of the
claim in the manner herein before provided.
17. No right of any description shall be acquired by any
person in or over a reserved forest, except by successio n or
under a grant or contract in writing made or entered into by
or on behalf of the Government or any person in whom such
right was vested before the publica tion of the notification
under section 15.
18. (1) Notwithstanding anything in this Act, no right
continued under section 11 shall be alienated by way of
grant, sale, exchange, lease or otherwise, without the
sanction of the Government:
Provided that where any such right is continued for the
beneficial enjoyment of any land or building it may be sold
or otherwise alienated with such land or building, without
such sanction.
(2) Any alienation of such right in contravention of this
section shall be null and void.
(3) Subjec t to the provisions of sub -section (1), no
forest produce obtained in exercise of any right continued
under section 11 shall be sold or exchanged except to the
extent provided by the order passed under sub -section (4)
of section 11 in respect thereof.
(4) Any person selling or exchanging any forest
produce in contravention of sub -section (3) shall be
punishable with fine which may extend to one thousand
rupees.
19. The Divisional Forest Officer 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
No right acquired
over reserved
forest except as
herein provided.
Right continued
under section 11
not to be
alienated without
sanction.
Power to stop
ways and water
courses in
reserved forests.
[Act No. 1 of 1967] 15
where reasonably convenient substitute for the way or water
course so stopped already exi sts or has been provided or
constructed.
20. (1) Any person who–
(a) contravenes the provisions of clause (b) or
sub-section (1) of section 7;
(b) sets fire to a forest notified to be reserved under
section 4 or kindles in such forest any fire or leaves any fire
burning in such manner as to endanger such forest;
(c) in a reserved forest –
(i) kindles, keeps or carried any fire, except at such
season and subject to such conditions as the Divisional
Forest Officer may, from time to time, specify in this behalf;
(ii) trespasses, pastures cattle or allows cattle to
trespass;
(iii) causes any damage, either wilfully or negligently
in felling or cutting any tree or dragging any timber;
(iv) fells, girdles, lops, taps or burns any tree or strips
off the bark or leaves from, or otherwise damages the same;
(v) quarries, stones, burns lime or charcoal;
(vi) collects or subjects to any manufacturing
process, any forest produce;
(vii) clears or breaks up or ploughs any land for
cultivation or for any other purpose;
Penalties for
trespass or
damage in
reserved forest
and acts
prohibited in such
forest.
16 [Act No. 1 of 1967]
(viii) hunts, shoots, fishes, poisons water or sets traps
or snares;
(ix) damages, alters or removes any wall, ditch
embankment, fence, hedge or railing; or
(x) removes any forest produce;
(d) abet s any of the acts specified in c lauses (a), (b)
and (c), shall in addition to such compensation for damages
caused to the forests as the court may direct to be paid, be
punishable –
(i) in every case where any of the acts aforesaid
relates to sandalwood or red sanderswood with
imprisonment for a term which shall not be less than three
months but which shall not exceed one year and with fine
which shall not exceed ten thousand rupees;
(ii) in any other case, with imprisonment for a term
which may extend to one year or with fine which may extend
to two thousand rupees or with both.
(2) Nothing in sub -section (1) shall be deemed to
prohibit–
(a) any act done in accordance with a ny rule made
under this Act or with the permission in writing of the
Divisional Forest Officer or of an officer authorized by him to
grant such permission; or
(b) the exercise of any right continued under sub -
section (3) or sub-section (4) of s ection 11 or created by a
grant or contract in the manner described in section 17.
(3) Where a person contravenes the provisions of sub -
clause (ii) or sub-clause (vii) of clause (c) of sub-section (1)–
[Act No. 1 of 1967] 17
(i) a forest officer not below the rank of a Ranger;
(ii) a police offic er not below the rank of a Sub -
Inspector; or
(iii) a revenue officer not below the rank of a Deputy
Tahsildar;
may evict the person from the forest or the land, pertaining
to which the contravention has taken place and remove any
building or other construction or anything grown or
deposited on it:
Provided that before taking any action under this sub -
section, the officer concerned shall given an opportunity to
the person affected to make any representation against the
action proposed.
(4) Where any agricultural or other crop is grown on
the land in contravention of sub clause (vii) of clause (c) o f
sub-section (1) or any building or other construction is put
up on such land, any such crop, building or other
construction shall be liable to confiscation by an order of the
Divisional Forest Officer:
Provided that before making an y order under this
sub-section, the Divisional Forest Officer shall give an
opportunity to the person affected to make a representation
against the order proposed to be made.
21. Where fire is caused wilfully or negligently by any
person or persons in a reserved forest or any portion
thereof, the Government may direct that in such forest or
portion thereof, the exercise of all rights of pasture or to
forest produce shall be suspended for such period as they
think fit.
Suspension of
rights in reserved
forest.
18 [Act No. 1 of 1967]
22. (1) 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
forest; and
every person who is employed by any such person in
such forest; and
every village officer or person in any village contiguous
to such forest who is employed by the Government;
shall be bound to furnish without delay to the nearest forest
officer or police officer in-charge of the nearest police station
any information he may possess respecting the occurrences
of a fire in, or near, such forest, or the commission for or
intention to commit any forest offence; and shall forthwith
take steps, whether so required by the forest officer or
police officer or not–
(a) to ext inguish any such fire of which he has
knowledge or information;
(b) to prevent any such fire from spreading and shall
assist any forest officer or police officer demanding his aid –
(i) in preventing the commission in such forest of
any forest offence; and
(ii) when there is reason to believe that any such
offence has been committed in such forest, in discovering
and arresting the offender.
(2) Whoever, without lawful excuse, fails to comply with
the provisions of sub -section (1) shall be puni shable with
imprisonment for a term which may extend to one month or
with fine which may extend to two hundred rupees or with
both.
Persons bound to
assist forest
officer and police
officer.
[Act No. 1 of 1967] 19
23. (1) The Government may, by notification, direct that
from a date to be fixed by such notification any reserved
forest or any portion thereof shall cease to be reserved.
(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
Protected Forests
24. (1) The Government may, by notification, declare any
forest or waste land which is the property of the Government
or which is placed under their control for management and
which is not included in a reserved forest, to be a protected
forest and, on such declaration, the provisions of this
Chapter shall apply to such protected forest.
(2) No such notification shall be made in respect of any
land unless t he nature and extent of the rights of the
Government and of private persons in or over such land
have been inquired into and recorded at a survey of
settlement, or in such other manner as may be prescribed
and every such record shall be presumed to be corr ect until
the contrary is proved:
Provided that, where in the case of any land, the
Government consider that such inquiry and record are
necessary, but that the completion thereof will occupy such
length of time, as in the meantime, to endanger the right s of
the Government, the Government may, pending such
inquiry and record, declare such land to be protected forest
but such declaration shall not affect or abridge any existing
rights of individuals or communities.
Power to declare
reserved forest as
no longer
reserved.
Protected Forests.
20 [Act No. 1 of 1967]
25. (1) Where fire is caused wilfully or negligently by any
person in any protected forest or a portion thereof, the
Government may direct that such forest or portion thereof
be closed against pasture for such period as they think fit.
(2) Whoever pastures cattle or allows cattle to trespass
in protected forest closed against pasture under this section
shall be punishable with imprisonment for a term which may
extend to three months, or with fine which may extend to
five hundred rupees or with both.
26. (1) The Government may, by notification:-
(a) declare any trees or class of trees in a protected
forest to be reserved from a date fixed by the notification;
(b) prohibit from a date fixed as aforesaid the
quarrying of stone, or the burring 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 such forest.
(2) A translation into the main language of the locality
of every notification issued under this section shall be
caused to be affixed in a conspicuous place in every town
and village in th e neighbourhood of the protected forest
comprised in the notification.
27. (1) Subject to all rights now vested in individuals and
communities by law or custom or usage having the force of
law, the Government may make rules to regulate the use of
the pasturage or of the natural produce of any protected
forest; and such rules may with respect to such forests–
(a) regulate the occupation, clearing, ploughing or
breaking up of land for cultivation or other purposes;
Power to close
forest against
pasture.
Power to issue
notification
reserving trees,
etc.,
Power to make
rules.
[Act No. 1 of 1967] 21
(b) regulate or prohibit the kindling of fire and provide
for the precautions to be taken to prevent and spreading of
fire.
(c) regulate the cutting, sawing, conversion and
removal of trees and timber and the collection and removal
of natural produce;
(d) regu late the quarrying of stone, the boiling of
catechu or the burning of lime or charcoal;
(e) regulate or prohibit the cutting of grass or the
pasturing of cattle and regulate the payments, if any, to be
made for such cutting or pasturing;
(f) regulate or prohibit hunting, shooting, fishing,
poisoning of water and setting traps or snares;
(g) regulate the sale or free grant of timber or other
natural produce;
(h) specify the fees, royalties, or other payments for
such timber or other natural produ ce and the manner in
which such fees, royalties or other payments shall be levied.
(2) Whoever contravenes any rule made sub -section
(1) shall be punishable–
(i) in every case where such contravention relates to
sandalwood or red sanders wood, with im prisonment for a
term which shall not be less than three months but which
shall not exceed one year and with fine which shall not
exceed ten thousand rupees;
(ii) in any other case, with imprisonment for a term
which may extend to six months or with fin e which may
extend to two hundred rupees or with both.
22 [Act No. 1 of 1967]
(3) The Government may, by notification and for
reasons to be recorded in writing, exempt any person or
class of persons belonging to the Scheduled Tribes from the
operation of all or any of the rules made under this section.
28. The Government may, by notification, direct that from a
date to be fixed by such notification, any protected forest or
any portion thereof shall cease to be a protected forest.
CHAPTER IV
Control of timber and other forest produce in transit or
possession.
29. The Government may make rules to regulate-
(i) the floating of timber in the rivers in the State and
the transit of timber and other forest produce by land or
water;
(ii) the possession of teak wood of such value as may
be specified in this behalf, or red sanders wood by any
person residing in any village wit hin a radius of fifteen
kilometers of such reserved forest as may be specified in
this behalf.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may-
(a) specify the routes by which alone timber or other
forest produce may be imported, exported or moved into,
from or within the State;
(b) prohibit the import or export or moving of such
timber or other forest produce without a permit from a forest
officer duly authorised to issue the same, or othe rwise than
in accordance with the conditions of such permit, or in the
case of timber, without a transit mark affixed by such officer;
Power to declare
protected forest to
cease to be
protected.
Power to make
rules to regulate
the transit and
possession of
timber and other
forest produce.
[Act No. 1 of 1967] 23
(c) provide for the issue, production and return of
such permit or in the case of timber, for affixing of transit
mark and for the payment of the fees therefor;
(d) provide for the stoppage, reporting, examination
and marking of timber or other forest produce in transit in
respect of which there is reason to believe that any money is
payable to the 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 purpose of this Act
to affix a mark;
(e) provide for-
(i) the 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 examination, or for the
payment of such money or in order that such marks may be
affixed to it, the conditions under which such timber or other
forest produce shall be brought to, stored at and removed
from such depots or stations;
(ii) the setting up of a check -post or the erection of
a barrier or both at such places as the Government may
specify with a view to prevent or check the carrying of
smuggled forest produce; and
(iii) the management and control o f such depots,
stations, check -posts or barriers and for regulating the
appointment and duties of persons employed thereat;
(f) prohibit the closing up or obstructing of the
channel or banks of any river used for the transit of timber or
other forest produce and throwing of grass, brushwood,
branches or leaves into any such channel or river or any act
which may cause such channel or r iver to be closed or
obstructed;
24 [Act No. 1 of 1967]
(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 act or negligence caused such obstruction;
12[(h) prohibit absolutely or regulate, subject to such
conditions in the entire State of 13Telangana or within such
local limits as may be specified, the establishment of pits or
machinery for sawing, converting, cutting, burning,
concealing or marking of timber, the altering or effacing of
any marks on the sam e, of the possession or carrying of
hammers or other implements used for marking timber;]
(i) regulate the use of property marks for timber and
the registration of such marks, declare the circumstances in
which the registration of any property marks may be refused
or cancelled; 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;
(j) provide for the maintenance of accounts in respect
of all classes of sandalwood and red -sanders wood stored
in private lands, depots, markets or factories, for industrial
or commercial purposes;
(k) provide for the protection of bridges, locks or
other public works by regulating the floating of timber and
the storing of such timber or other forest produce on river
banks and authorising the seizure of such timber or other
forest produce floated or stored in contravention of such
rules or by which any damage to such work may have been
caused and the detention and disposal of such timber or
12. Substituted by Act No.35 of 1997.
13. Substituted by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated
13.05.2015.
[Act No. 1 of 1967] 25
other forest produce until compensation has been made for
the damage done.
(3) The Government may, by notification, direct that
any rule made under this section shall not apply to such
classes of timber or other forest produce or to such local
area, as may be specified by them.
(4) (a) Whoever contravenes any rule made under th is
section shall be punishable-
(i) in every case, where such contravention relates
to sandal-wood or red-sanders wood, with imprisonment for
a term which shall not be less than three months but which
shall not exceed one year and with fine which shall not
exceed ten thousand rupees;
(ii) in any other case, with imprisonment for a term
which may extend to one year or with fine which may extend
to two thousand rupees or with both;
(b) If an offence under this section is committed, after
sunset and before sunrise or after preparation for resistance
to lawful authority or where the offender has been previously
convicted of a like offence, the magistrate having jurisdiction
may inflict double the penalty prescribed for such offence.
30. The Government shall not be responsible for any loss
or damage which may occur in respect of any timber or
other forest produce while at a depot or station estab lished
under a rule made under s ection 29 or while detained
elsewhere for the purpose of this Act; and no forest officer
shall be responsible for any such loss or damage unless he
causes such loss or damage negligently, wilfully,
maliciously or fraudulently.
Government and
forest officers not
liable for damage
to forest produce
at depots and
stations.
26 [Act No. 1 of 1967]
31. Where any accident or emergency involv ing danger to
any property at any depot or station referred to in section 30
occurs, every person employed at such depot or station
shall render assistance to any foresExcerpt shown. Open the full act in Lexace.