(1) This Act may be calledthe Indian Forest Act, 1927.
1 [(2) It extends to the wholeof India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States :
2 [Provided that on thecommencement of the Indian Forest (Gujarat unification and Amendment) Act, 1960(Guj.XVof 1960), this Act shall also extend to the Saurashtra area of the State ofGujarat.]
(3) It applied to theterritories which, immediately before the 1st November, 1956, were comprised in theStates of Bihar, Bombay, Coorg, Delhi,Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and "West Bengal; but the Governmentof any State may by notification in the OfficialGazette bring this Act into force in the whole or any specified part ofthat State to which this Act extends and where it is not in force:]
2 [Provided that on thecommencement of the Indian Forest (Gujarat Unification and Amendment) Act, 1960, this Act shall come into Force in the Saurashtra area of the State ofGujarat.]
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1. Sub-sections (2) and (3) were substituted by the Adaptation of Laws (No.3) Order, 1956.
2. This proviso was added byGuj. 15 of 1960, s. 6(a)(ii).
In this Act, unlessthere is anything repugnant in the subjector context,--
(1) "cattle"includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts,fillies, mules, asses, pigs, rams, ewes, sheep,lambs, goats and kids;
(2)"Forest-officer" means any person whom 1 ***the 2 [3 [State] Government] orany officer empowered by1 **** the 2 [3 [State] Government] inthis behalf may appoint to carry out all or any of the purposes of this Act orto do anything required by this Act or any rule made thereunder to be done by a Forest-officer;
(3)"forest-offence" means an offence punishableunder this Act or under any rule made thereunder;
(4) "forest-produce"includes--
(a)thefollowing whether found in, or brought from, a forest or not, that is to say:--
timber, charcoal,caoutchoue, catechu, wood-oil, resin, natural varnish, bark, lac, mahuaflowers, mahua seeds, 4 [Kuth], 5 [apta and temburnileaves], 6 [rosha grass, 7 [rauwolfia serpentina,kadaya gum]] and myrabolams; and
(b) the following whenfound in, or brought from, a forest, that is to say :--
(i)trees andleaves, flowers and fruits, and all otherparts or produce not hereinbefore mentioned, of trees,
(ii)plants notbeing trees (including grass, creepers, reeds and moss), and all parts orproduce of such plants,
(iii)wild animalsand skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts of produce of animals, and
(iv)peat,surface soil, rock, and minerals (including limestone, laterite, mineral oils,and all products of mines or quarries);
8 [(4A)"owner"includes a Court of Wards in respect of property under the superintendence orcharge of such court;]
9 [(4B)"PoliceOfficer" means a Police Officer as defined in the Bombay Police Act, 1951(Bom.XXXof 1951);
(4C) "RevenueOfficer" means a Revenue Officer as defined in the Bombay Land Revenue Code, 1879, or, where that Code isnot in force, as defined in a law corresponding to that Code;]
(5) "river" includesany stream, canal, creek or otherchannels natural or artificial;
(6) "timber"includes trees when they have fallen or have been felled, and all wood whether cutup or fashioned or hollowed out for any purpose or not ; and
(7) "tree"includes palms, bamboos, stumps, brush-wood and canes.
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1. The words "the GovernorGeneral in Council, or" were omitted by the Government of India(Adaptation of Indian Laws) Order,1937.
2. The words"Provincial Government" were substitutedfor the words ibid "Local Government"
3. This word was substituted for the word "Provincial" by theAdaptation of laws Order, 1950
4. This word was insertedby Act No. 26 of 1930, s. 2.
5.These wordswere inserted by Bom. 24 of 1955, s.2.
6. These words wereinserted by Bom. 17 of 1956, s.2.
7.These words weresubstituted for the words', 'rauwolfia serpentina"by Guj. 11 of 1976,s. 2
8. This clause was insertedby Act No. 26 of 1930, s. 2.
9. Clauses (4B) and (4C) were inserted by Guj. 15 of 1960, s. 6 (b).
1[ 2 A. Continuation of certain refers nodes to central or Bombay Acts--
In the application of this Act to any area of the State of Gujarat other than B ombay area any reference to a provision of a Central or B ombay Act sh all, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area.]
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1 . Section 2 A was inserted by Guj. 15 of 1960 , s. 6 (c).
The1[2[State] Government] may constitute any forest-land or wasteland which is the property of Government or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.
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1. The words "Provincial Government" were sub stituted for the words '' Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
(1) Whenever it has beendecided to constitute any land, a reserved forest, the 1 [2 [State] Government shall issue a notification in the 3 [0fficialGazette]-
(a)declaringthat it has been decided to constitute such land a reserved forest.
(b) specifying, as nearlyas possible, the situation and limits of such land, and
(c) appointing an officer(hereinafter called "the Forest Settlement Officer") to inquire in to and determine the existence, nature and extent of any rightsalleged to exist in favour of any person in or over any land comprised withinsuch limits or in or over any forest-produce, and to deal with the same asprovided in this Chapter.
Explanation.--For the purpose of clause(b), it shall be sufficient to describe the limits of the forest byroads, rivers, bridges or otherwell-known or readily intelligible boundaries.
(2)The officerappointed under clause (c) of sub-section(1) shall ordinarilybe a person not holding any forest-office except that of ForestSettlement-Officer.
(3) Nothing in this section shall prevent the 1 [2 [State] Government] fromappointing any number of officers not exceeding three, not more than one ofwhom shall be a person holdingany forest-office except as aforesaid, to perform the duties of a Forest Settlement-Officer under thisAct.
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1. The words"Provincial Government" were substitutedfor the words '' Local Government" by the Government of India (Adaptationof Indian Laws) Order, 1937.
2. This word was substituted for the word "Provincial" by theAdaptation of Laws Order, 1950.
3. These words were substituted for the words ''Local Official Gazette" bythe Government of India (Adaptation of Indian Laws) Order, 1937.
After the issue of anotification under section 4, no right shall be acquired in or over the land comprised in suchnotification, except by succession or under a grant or contract in writing madeor entered into by or 1 [on behalf of the 2 [Government]] or someperson in whom such right was vested when the notification was issued; and nofresh clearings for cultivation or for any otherpurpose shall be made in such landexcept in accordance with such rules as may be made by the 1 [2 [State] Government] inthis behalf.
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1. These words were substituted for the words "on behalf of Government"by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. This word was substituted for the word "Crown" by the Adaptationof Laws Order, 1950.
When a notification has been issued under section 4, the Forest Settlement Officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation--
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation, of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement Officer a written notice specifying or to appear before him and state the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.
The Forest Settlement Officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.
For the purpose of such inquiry, the Forest Settlement Officer may exercise the following powers, that is to say--
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
Eights in respect of which no claim has been preferred under section 6 and of the existence of which no knowledge has been acquired by inquiry under section 7, shall be existinguished, unless before the notification under section 20 is published, the person claiming them 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 sh ifting cultivation, the Forest Settlement Officer sh all record a statement setting for the particulars of the claim and of any local rule or ord er under which the practice is allowed or regulated, and sub mit the statement to the1[State]2[Government], together with hi s opinion as to whether the practice sh ould be permitted or prohibited wholly or in part.
( 2 ) On receipt of the statement and opinion, the1[2[State]Government] may make an ord er permitting or prohibiting the practice wholly or in part.
( 3 ) If such practice is permitted wholly or in part, the Forest Settlement Officer may arrange for its exercise--
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or
(b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice sh ifting cultivation therein under such conditions as he may prescribe.
( 4 ) All arrangements made under sub -section ( 3 ) sh all be sub ject to the previous sanction of the1[2[State] Government].
( 5 ) The practice of sh ifting cultivation sh all in all cases be deemed a privilege sub ject to control, restriction and abolition by the1[2[State] Government].
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
(1) 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 watercourse, the Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement Officer shall either--
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of Ms rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894.
(3) For the purpose of so acquiring such land--
(a) the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894.
(b) the claimant shall be doomed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;
(c) the provision of the preceding sections of that Act shall be deemed to have been complied with; and
(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land or partly in land and partly in money.
1 [(1)] In the case of a claimto rights of pasture or to forest-produce, the Forest Settlement Officer shall pass an orderadmitting or rejecting the same in whole or in part.
2 [(2) A copy of the order passed under sub-section(1) shall be furnished to the claimant by the Forest SettlementOfficer and another copy of that order shallbe forwarded to the Forest Officer who attended the inquiry or, if no suchOfficer attended, to the Divisional Forest Officer.]
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1.Section 12 was renumbered as sub-section (1)of that section by Guj. 15of 1960, s. 6(d).
2.Sub-section (2)was inserted, Guj. 15of 1960.
The Forest Settlement-Officer, when passing any order under section 12, shall record, so far as may be practicable,--
(a) the name, father's name, caste, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all fields or groups of fields (if any), and the designation and position of all building (if any), in respect of which the exercise of such rights is claimed.
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 admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest-produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.
( 1 ) After making such record the Forest Settlement Officer sh all, to the best of hi s ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made pass such ord ers as will ensure the continued exercise of the rights so admitted.
( 2 ) For this purpose the Forest Settlement Officer may--
(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purpose of such claimants, and record an ord er conferring upto them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or
(c) record an ord er continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the1[2[State] Government].
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1. The words "Provincial Government" were sub stituted for the words ''Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
In case the Forest Settlement Officer finds it impossible, having due regard to the maintenance of the reserved forest to make such settlement under section 15 as sh all ensure the continued exercise of the said rights to the extent so admitted, he sh all, sub ject to such rules as the1[2[State] Government] may make in this behalf commute such right, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.
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1. The words "Provincial Government" were sub stituted for the words ''Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
Any person who has made a claim under this Act, or any Forest officer or other person generally or specially empowered by the1[2[State] Government] in this behalf, may within three months from the date of the ord er passed on such claim by the Forest Settlement Officer under section 11 , section 12 , section 15 or section 16 , present an appeal from such ord er to such officer of the Revenue Department, of rank not lower than that of a Collector, as the1[2[State] Government] may, by notification in the3[Official Gazette], appoint to hear appeals from such ord ers:
Provided that the1[2[State] Government] may establish a Court (h ereinafter called "the Forest Court") composed of three persons to be appointed by the1[2[State] Government], and, when the Forest Court has been so established, all such appeals sh all be presented to it.
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1. The words "Provincial Government" were sub stituted for the words ''Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
( 1 ) Every appeal under section 17 sh all be made by petition in writing, and may be delivered to the Forest Settlement Officer, who sh all forward it without delay to the authority competent to hear the same.
( 2 ) If the appeal be to an officer appointed under section 17 , it sh all be heard in the manner proscribed for the time being for the hearing of appeals, in matters relating to land-revenue.
( 3 ) If the appeal be to the Forest Court, the Court sh all fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and sh all give notice thereof to the parties, and sh all hear such, appeal accordingly.
( 4 ) The ord er passed on the appeal by such officer or Court, or by the maj ority of the me mbers of such Court as the case may be, sh all sub ject only to revision by the1[2[State] Government], be final.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
The1[2[State] Government], or any person who has made a claim under this Act, may appoint any person to appear, plead and act on i ts or hi s behalf before the Forest Settlement Officer, or the appellate officer or Court in the course of any inquiry or appeal under this Act.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
( 1 ) When the following events have occurred, namely: --
(a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement Officer;
(b) If any such claims have been made, the period limited by section 17 for appealing from the ord ers passed on such claims has elapsed, and all appeals (if any), presented within such period have been disposed of by the appellate officer or Court; and
(c) all Lands (if any), to be included in the proposed forest, which the Forest Settlement Officer has, under section 11 , elected to acquire under the Land Acquisition Act, 1894 have become vested in the Government under section 16 of that Act,
the1[2[State] Government] sh all publish a notification in the3[Official Gazette], specifying definitely, according to boundary-marks erected or other wise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
( 2 ) From the date so fixed such forest sh all be deemed to be a reserved forest.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.
The1[2[State] Government] may, within five years from the publication of any notification under section 20 , revise any arrangement made under section 15 or section 18 , and may for this purpose rescind or modify any ord er made under section 15 or section 18 , and direct that any one of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16 .
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Order, 1950 .
No right of anydescription shall be acquired in orover a reserved forest except by succession under a grant or contract in writingmade by or 1 [on behalf of the 2 [Government] ] or someperson in whom such right was vested when the notification under section 20 was issued.
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1.These words were substitutedfor the words "on behalf of Government by the Government of India (Adaptationof Indian Laws) Order,1937.
2.This word was substitutedfor the word "Crown" by the Adaptation of Laws Order, 1950.
( 1 ) Notwithstanding anything contained in section 23 , no right continued under clause (c) of sub -section ( 2 ) of section 15 sh all be alienated by way of grant, sale, lease, mortgage or other wise, without the sanction of the1[2[State] Government]:
Provided that, when any such right is appendant to any land or house, it may be sold or other wise alienated with such land or house.
( 2 ) No timber or other forest-produce obtained in exercise of any such right sh all be sold or bartered except to such extent as may have been admitted in the ord er recorded under section 14
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
The Forest-officer may, with the previous sanction of the1[2[State] Government] or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a sub stitute for the way, or water-course so stopped, which the1[2[State] Government] deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
(1) Any person who--
(a)makes anyfresh clearing prohibited by section 5, or
1 [(b) sets fire to areserved forest or to a forest in a land in respect of which a notificationdeclaring the decision of the State Government to constitute it a reservedforest has been issued under section 4, or in contravention ofany rules made by the State Government in this behalf, kindless in such forestany fire or leaves any fire burning, in such manner as to endanger such aforest;
or who, in a reservedforest or a forest in a land notified as aforesaid under section 4--]
(c)kindles, keepsor carries any fire except at such seasons as the Forest officer may notify inthis behalf;
(d)trespassesor pastures cattle, or permits cattle to trespass;
(e)causes anydamage by negligence in felling any tree or cutting or dragging any timber;
(f) fells, girdles, lops,taps, or burns any tree or strips off the back or leaves from or otherwise damages, the same;
(g)quarriesstone, burns lime or charcoal, or collects, subjectsto any manufacturing process or removes, any forest-produce;
(h)clears orbreaks up any land for cultivation or any otherpurposes;
(i)incontravention of any rules made in this behalf by the 2 [3 [State] Government]hunts, shoots, fishes, poisonswater or sets traps or snares; or
(j)in any areain which the Elephants' Preservation Act, 1879(VI of 1979), is not in force, killsor catches elephants in contravention of any rules so made;
shall be punishable withimprisonment for a term which may extend to six months, or with fine which mayextend to five hundred rupees, or with both, in addition to such compensationfor damage done to the forest as the convicting Court may direct to be paid.
(2)Nothing inthis section shall be deemed toprohibit--
(a)any act doneby permission in writing of the Forest-officer, or under any rule made by the 2 [3 [State] Government]; or
(b) the exercise of anyright continued under clause (c) of sub-section
(2)of section 15, or created by grant orcontract in writing made by or 4 [on behalf of the 5 [Government] ] undersection 23.
(3)Wheneverfire is caused wilfully or by gross negligence in a reserved forest, the 2 [ 3 [State] Government] may(notwithstanding that any penalty has been inflicted under this section) directthat in such forest or any portion thereof the exercise of all rights ofpasture or forest-produce shallbe suspended for such period as it thinks fit.
6 [(4)When aperson is convicted under clause (d) or(h) of sub-section (1)--
(a)a ForestOfficer not below the rank of a Ranger,
(b) a Police Officer notbelow the rank of a sub-Inspector, or
(c) a Revenue Officer notbelow the rank of a Mahalkari
may evicthim from theforest or land in relation to which he has committed the offence.]
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1.This portion was substitutedfor the words beginning with the letter and brackets "[b]" and endingwith the words "or who in a reserved forest" by Guj. 15of 1960, s. 6(e) (i).
2.The words "Provincial Government" were substituted for the words "Local Government"by the Government of India (Adaptation of Indian Laws) Order, 1937.
3.This word was substitutedfor the word "Provincial" by the Adaptation of Laws Order, 1950.
4.These words were substitutedfor the words "on behalf of Government" by the Government of India(Adaptation of Indian Laws) Order, 1937.
5.This word was substitutedfor the word "Crown" by the Adaptation of Laws Order, 1950.
6.Sub-section (4) was inserted by Guj. 15of 1960, s. 6 (e)(ii).
( 1 ) The1[2[State] Government] may,3**by notification in the4[Official Gazette], direct that, from a date fixed by such notification any forest or any portion thereof reserved under this Act sh all cease to be reserved forest.
( 2 ) From the date so fixed, such forest or portion sh all cease to be reserved; but the rights (if any) which have been extinguished therein sh all not revive in consequence of such cessation.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws. Ord er, 1950 .
3. The words "subject to the Control of the Governor General in Council" were omitted by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
4. These words were sub stituted for the words "Local Official Gazette", the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
(1) The 1 [2 [State] Government] mayassign to any village-community, 3 [village panchayatestablished under the Bombay Village Panchayats Act, 1933(Bom.VIof 1933), or co-operative societyregistered or deemed to be registered under the Bombay Co-operativeSocieties Act, 1925(Bom.VII of 1925),] the rights of Government to or over any landwhich has been constituted a reserved Forest 4 [or called a protectedforest], and may cancel such assignment. All forests so assigned shall be called village-forests.
(2) The 1 [2 [State] Government] maymake rules for regulating the management of village-forests, prescribing theconditions under which the community, 5 [ panchayat or society]to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for theprotection and improvement of such forest.
(3)All the provisions of this Act relating to reserved 6 [or protected] forests shall (so far as they are not inconsistent with the rules somade) apply to village-forests 7 [according as the forestsassigned are reserved or protected forests.]]
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1.The words "Provincial Government" were substituted for the words "Local Government"by the Government of India (Adaptation of Indian Laws) Order, 1937.
2.This word was substitutedfor the word "Provincial" by the Adaptation of Laws. Order, 1950.
3. These words and figures wereinserted by Bom. 24of 1955, s. 3(1).
4.These words were inserted by Bom.62 of 1948,s. 2(i).
5.These words were inserted by Bom.24 of 1955,s. 3(2).
6. These words were inserted by Bom.62 of 1948,s. 2(ii)(a).
7.These words were inserted, Bom.62 of 1948, s. 2(ii)(b).
(1) The 1 [2 [State] Government] may,by notification in the 3 [Official,Gazette], declarethe provisions of this Chapter applicable to any forest-land or waste-landwhich is not included in a reserved forest, but which is the property of Government, or over which the Government has proprietary rights, or to thewhole or any part of the forest-produce of which the Government is entitled.
(2) The forest-land andwaste-land comprised in any such notification, shallbe called a "projected forest".
(3) No such notification shall be made unless the nature and extent of the rights ofGovernment and of private persons in or over the forest-land or waste-landcomprised therein have been inquired into and recorded at a survey orsettlement, or in such other manner as the 1 [2 [State] Government],thinks sufficient. Every such record shallb3presumed to be correct until the contrary is proved :
Provided that, if, in thecase of any forest-land or waste-land, the 1 [2 [State] Government]thinks that such inquiry and record are necessary, but that they will occupysuch length of time as in the mean time to endanger therights of Government, the 1 [2 [State] Government] may,pending such inquiry and record, declare such land to be a protected forest,but so as not to abridge or affect any existing rights of individuals orcommunities.
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1.The words "Provincial Government" were substituted for the words "Local Government"by the Government of India (Adaptation of Indian Laws) Order, 1937.
2.This word was substitutedfor the word "Provincial" by the Adaptation of Laws. Order, 1950.
3.These words were substitutedfor the words "Local Official Gazette", the Adaptation of Laws. Order, 1950
The1[2[State] Government] may, by notification in the3[Official Gazette],--
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;
(b) declare that any portion of such forest specified in the notification sh all be closed for such term, not exceeding thirty years, as the1[2[State] Government] thinks fit, and that the such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion rights of private persons, if any, over such portion sh all be suspended during such term, provided that the remainder of so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or sub jection to any manufacturing process or removal of any forest-produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
The Collector shall cause a translation into the local vernacular of every notification issued under section 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification.
The1[2[State] Government] may make rules to regulate the following matters, namely :--
(a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce, from protected forests;
(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licences by such persons;
(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade; and the production and return of such licences by such persons;
(d) the payments, if any, to be made by the persons me ntioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce;
(e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and the places where such payment sh all be made;
(f) the examination of forest-produce passing out of such forest;
(g) the clearing and breaking up of land for cultivation or other purpose in such forests;
(h ) the production from fire of timber lying in such forests and of trees reserved under section 30 ;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, sh ooting, fishing, poisoning water and setting traps or snares in such forests, and the killing or catching of elephants in such forests in areas in which the Elephants' Preservation Act, 1879 is not in force;
(k) the protection and management of any portion of a forest closed under section 30 ; and
(l) the exercise of rights referred to in section 29 .
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1 . The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2 . This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
( 1 ) Any person who commits any of the following offences, namely:--
(a) fells, girdles, lops, taps or burns any tree reserved under section 30 , or strips off the bark or leaves from, or other wise damages, any such tree;
(b) contrary to any prohibition under section 30 quarries any stone, or burns any lime or charcoal, or collects, sub jects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30 , breaks up or clears for cultivation or any other purpose any land in protected forest;
(d) sets fire to such forests, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30 , whether standing, fallen, or felled, or to any closed portion of such forest;
(e) leaves burning any fire kindled by hi m in the vicinity of any such tree or closed portion;
(f) fells any tree or dr ags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to damage any such tree; (h ) infringes any rule made under section 32 ;
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
( 2 ) Whenever fire is caused wilfully or by gross negligence in a protected forest, the1[2[State] Government] may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce sh all be suspended for such period as it thinks fit.
[( 3 ) When a person is convicted of an offence under sub -section ( 1 ),--
(a) a Forest Officer not below the rank of a Ranger,
(b) a Police Officer not below the rank of a sub -Inspector, or
(c) a Revenue Officer not below the rank of a Mahalkari,
may evict hi m from the protected forest in relation to which he has committed the offence.]
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1 . The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 . Sub -section ( 3 ) was inserted by Guj. 15 of 1960 , s. 6 (f).
Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest officer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.
( 1 ) The owner of any land or, if there be more than one owner thereof, the owners of sh ares therein 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 Forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or
(b) that all or any of the provisions of this Act be applied to such land.
( 2 ) In either case the1[2[State] Government] may, by notification in the3[Official Gazette], apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be desired by the applicants.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
(1) The 2 [Central Government] maylevy a duty in such manner, at such places and at such rates as it may declareby notification in the 1 [OfficialGazette] onall timber or other forest-produce--
(a)which isproduced in 3 [the territories to which this Act extends], and inrespect of which the 4 [Government] has any right;
(b)which isbrought from any place outside 6[the territories to whichthis Act extends].
5 [* * * * * * * *]
(2)In everycase in which such duty is directed to be levied ad valorem, the 2 [Central Government] mayfix by like notification the value on which such duty shall be assessed.
(3) All duties on timber or other forest-produce which, at the time when this Act comesinto force in any territory, are levied therein under the authority of the 6 [7 [State] Government], shall be deemed to be and to have been duly levied under theprovisions of this Act.
8 [(4)Notwithstandinganything in this section, the 6 [a[State] Government]may, until provision to the contrary is made by 9 [Parliament] continue tolevy any duty which it was lawfully levying before the commencement of 10 [the Constitution], underthis section as then in force:
Provided that nothing inthis sub-section authorizes thelevy of any duty which as between timber or otherforest-produce of the 11 [State] and similar produce of the locality outsidethe 11 [State], discriminates in favour of the former, orwhich in the case of timber or otherforest-produce of localities outside the 11 [State], discriminatesbetween timber or other forest-produce of onelocality and similar timber or otherforest-produce of another locality.]
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1. These words were substituted for the words "Local Official Gazette"by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. These words were substituted for the words "Local Government" by theGovernment of India (Adaptation of Indian Laws) Order,1937.
3. These words were substituted for the words and letters "Part A States andPart C States" by the Adaptation of Indian Laws (No. 3) Order, 1966.
4. This word was substituted for the word "Crown" by the Adaptationof Laws Order, 1050.
5. This proviso was omittedby the Government of India (Adaptation of Indian Laws) Order, 1937.
6.The words "Provincial Government" were substituted for the words "Local Government", the Government of India (Adaptation of Indian Laws) Order, 1937.
7. This word was substitutedfor the word "Provincial" by the Adaptation of Laws Order 1950.
8.Sub-section (4) was inserted by the Governmentof India (Adaptation of Indian Laws) Order, 1937.
9.This word was substitutedfor the words "Central Legislature" by the Adaptation of Order, 1960.
10.These words were substitutedfor the words, letters and figure "Part-III of the Government of IndiaAct, 1935", the Adaptation of Order, 1960.
11.This word was substitutedfor the word "Province" by the Adaptation of Laws Order, 1950
Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.
(1) The control of all riversand their banks as regards the floating of timber, as well as the control ofall timber and other forest-produce intransit by land or water; is vested in the 1 [2 [ State] Government], andit may make rules to regulate the transit of all timber and other forest-produce.
(2)In particularand without prejudice to the generality of the foregoing powers such rulesmay--
(a) prescribe the routesby which alone timber or otherforest-produce may be imported, exported or moved into, from or within theState;
(b) prohibit the importor export or moving of such timber or otherproduce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;
(c) provide for theissue, production and return of such passes 3 [****];
(d)provide forthe stoppage, reporting, examination and marking of timber or other forest-produce in transit, in respect of which there isreason to believe that any money is payable to the 4 [Government] on accountof the price thereof, or on account of any duty, fee, royalty or charge duethereon, or to which it is desirable for the purposes of this Act to affix amark ;
(e)provide forthe establishment and regulation of depots to which such timber of other produce shallbe taken by those in charge of it for examination, or for the payment of suchmoney, or in order that such mark may b3 affixed to it; and theconditions under which such timber or otherproduce shall be brought to, storedat and removed from such depots;
(f) prohibit the closingup or obstructing of the channel or banks of any river used for the transit oftimber or other forest-produce, and thethrowing of grass, brushwood, branches or leaves into any such river or any actwhich may cause such river to be closed or obstructed ;
(g)provide forthe prevention or removal of any obstruction of the channel or banks of anysuch river, and for recovering the cost of such prevention or removal from theperson whose acts or negligence necessitated the same;
(h)prohibitabsolutely 5 [or regulate by grant of licences,] withinspecified local limits, the establishment of saw-pits, the converting, cutting,burning, concealing or marking of timber, the altering or effacing of any markson the same, or the possession or carrying of marking hammers or other implements used for marking timber;
(i)regulate theuse of property marks for timber, and the registration of such marks; prescribethe time for which such registration shallhold good; limit the number of such marks that may be registered by anyoneperson,
6 [* * * * * ]
7 [(2A) Any rules made underthis section may provide for the levy of fees for the issue of passes, grant oflicences and registration of property marks referred to in clauses (c), (h)and (i) of sub-section (2).]
(3) The 8 [2 [State] Government] maydirect that any rules made under this section shallnot apply to any specified class of timber or otherforest-produce or to any specified local area.
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1.The words "Provincial Government" were substituted for the words "Local Government", the Government of India (Adaptation of Indian Laws) Order, 1937.
2.This word was substitutedfor the word "Provincial" by the Adaptation of Laws Order 1950.
3. The words "and forthe payment of fees therefor" were deleted by Guj. 48 of 1953, s.2(a)(i).
4. This word was substituted for the word "Crown" by the Adaptationof Laws Order, 1950.
5. These words were substituted for the words "or subject to conditions" by Guj. 48 of 1963,s. 2 (a) (ii).
6. The words "andprovide for the levy of fees for such registration"were deleted, Guj. 48 of 1963, s. 2 (a) (iii).
7. Sub-section (2A) was inserted, Guj. 48 of 1963, s. 2 (b).
8.These words were substitutedfor the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order, 1937.
1[ 41 A. *Power of Central Government as to movements of timber across customs frontiers--
Notwithstanding anything in section 41 , the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from2[the territories to which this Act extends] across any customs frontier as defined by the Central Government, and any rules made under section 41 sh all have effect sub ject to the rules made under this section.]
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1. This section was inserted by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. These words were sub stituted for the words and letters "Part-A States and Part-C States" by the Adaptation of Laws (No. 3 ) Ord er, 1956 .
* Please see section 2 of Guj. 15 of 1960 , s. 2 .
( 1 ) The1[2[State] Government] may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
( 2 ) Such rules may provide that penalties which are doable of those me ntioned in sub -section ( 1 ) may be inflicted, in cases where the offence 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.
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1. These words were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
43. 1 [Government] and Forest-officers not liable for damage to forest-produce at depot--
The 1 [Government] shall not be responsible for any loss or damage which mayoccur in respect of any timber or otherforest-produce while at a depot established under a rule made under section 41, or while detainedelsewhere, for the purposes of this Act, and no Forest-officer shall be responsible for any such loss or damage, unless hecauses such loss or damage negligently, maliciously or fraudulently.
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1.This word was substitutedfor the word "Crown" by the Adaptation of Laws Order, 1950.
In case of any accidentor emergency involving danger to any property at any such depot, every personemployed at such depot, whether by the 1 [Government] or by anyprivate person, shall render assistance toany Forest-officer or Police-officer demanding his aid in averting suchdanger or securing such property from damage or loss.
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1.This word was substitutedfor the word "Crown" by the Adaptation of Laws Order, 1950.
( 1 ) All timber found adrift, beached, stranded or sunk;
all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41 , or on which the marks have been obliterated, altered or defaced by fire or other wise; and in such areas as the1[2[State] Government] directs, all unmarked wood and timber ;
shall be deemed to be the property of Government unless and until any person establishes hi s right and title thereto, as provided in this Chapter.
( 2 ) Such timber may be collected by any Forest-officer or other person entitled to collect the same by virtue of any rule made under section 51 , and may be brought to any depot which the Forest-officer may notify as a depot for the reception of dr ift timber;
( 3 ) The1[2[State] Government] may, by notification in the3[ Official Gazette], exempt any class of timber from the provisions of this section.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India. (Adaptation of Indian Laws) Ord er, 1937 .
Public notice shall from time to time be given by the Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from, the date of such notice, a written statement of such claim.
(1) When any such statementis presented as aforesaid, the Forest-officer, may, after making such inquiryas he thinks fit, either reject the claim after recordinghis reasonsso doing, or deliver the timber to the claimant.
(2)If suchtimber is claimed by more than one person, the Forest-officer may eitherdeliver the same to any of such persons whom he deems entitled thereto, or may referthe claimants to the Civil Courts, and retain the timber pending the receipt ofan order from any such Court for its disposal.
(3) Any person whose claimhas been rejected under this section may within three months from the date ofsuch rejection institute a suit to recover possession of the timber claimed byhim; but noperson shall recover anycompensation or costs against the 1 [Government], or againstany Forest-officer, on account of such rejection, or the detention or removalof any timber, or the delivery there of to any otherperson under this section.
(4)No suchtimber shall be subject to process of any Civil, Criminal or Revenue Courtuntil it has been delivered, or a suit has been brought, as provided in thissection.
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1. This word was substituted for the word "Crown" by the Adaptationof Laws Order, 1980.
If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the Government, or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him.
49 .1[Government] its and officers not liable for damage to such timber--
The1[Government] sh all not be responsible for any loss or damage which may occur in respect of any timber collected under section 45 , and no Forest-officer sh all be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
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1 . This word was sub stituted for the word ''Crown" by the Adaptation of Laws Ord er, 1950 .
No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the forest-officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section
(1) The 1 [2 [State] Government] maymake rules to regulate the following matters, namely:--
(a) the salving,collection and disposal of all timber mentioned in Section 45;
(b)the use and registrationof boats used in salving and collecting timber ;
(c) the amounts to be paidfor salving, collecting, moving, storing or disposing of such timber ; and
(d)the use and registrationof hammers and other instruments to be used formarking such timber.
(2)The 1 [2 [State] Government] mayprescribe, as penalties for the contravention of any rules made under thissection imprisonment for a term which may extend to six months, or fine whichmay extend to five hundred rupees, or both.
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1. The words"Provincial Government" were substitutedfor the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order,1937.
2. This word was substituted for the word "Provincial" by theAdaptation of Laws Order, 1950.
(1) When there is reason tobelieve that a forest-offence has been committed in respect of anyforest-produce, such produce, together with all tools, boats, 1 [vehicles] or cattle usedin committing any such offence may be seizedby any Forest-officer or Police-officer.
2 [(1A)Any ForestOfficer or Police Officer may, if he has reason to believe that a vehicle hasbeen or is being used for the transport of forest produce in respect of whichthere is reason to believe that a forest offence has been or is beingcommitted, require the driver or other person in charge of such vehicle to stop the vehicle andcause it to remain stationary as long as may reasonably be necessary forexamination of the contents in the vehicle and inspection of all recordsrelating to the forest produce and in possession of such driver or otherperson in charge of the vehicle or any otherperson in the vehicle.]
(2)Everyofficer seizing any property under this section shallplace on such property a mark indicating that the same has been so seized, and shall, as soon as may be, 3 [make a report of suchseizure,--
(a) where the offence onaccount of which the seizure has been made is in respect of the forest producewhich is the property of the State Government or in respect of which the StateGovernment has any interest, to the concerned authorised officer under section 61A ; and
(b)in other cases, to the magistrate having jurisdiction to try theoffence on account of which the seizure has been made :]
Provided that, when theforest-produce with respect to which such offence is believed to have beencommitted is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be,a report of the circumstances to his official superior.
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1. This word was substituted for the word "carts" by Bom. 25 of 1933,s. 2.
2. Sub-section (1A) was inserted by Guj. 19 of 1983, s. 2 (1).
3. This portion was substituted for the words "make a report of such seizureto the magistrate having jurisdiction to try the offence on account of whichthe seizure has been made :", Guj. 19 of 1983,s. 2 (2).
Any Forest-officer of arank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, 1 [vehicles] or cattle 2 [under section 52, may, subject to section 61G release] the same onthe execution by the owner thereof of a bond for the production of the propertyso released. If and when so required, before the Magistrate having jurisdictionto try the offence on account of which the seizure has been made.
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1. This word was substituted for the word "carts" by Bom. 25 of 1953, s. 2.
2. These words, figures andletter were substituted for the words andfigures "under section 52, may release" byGuj. 19 of 1983, s. 3.
(1) All timber orforest-produce which is not the property of Government and in respect of whicha forest -offence has been committed, and all tools, boats, 1 [vehicles] and cattleused in committing any forest-offence, 2 [shall, subject to section 61G, be liable] toconfiscation.
(2) Such confiscation maybe in addition to any other punishment prescribedfor such offence.
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1. This word was substituted for the word "carts" by Bom. 25 of 1953, s. 2.
2. These words, figures andletter were substituted for the words"shall be liable", Bom. 25 of 1953, s.5.
When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed sh all, if it is the property of Government or has been confiscated, be taken charge of by a Forest-officer, and,1[ in any other case may, sub ject to section 61 G, be disposed] of in such manner as the Court may direct.
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1. These words, figures and letter were sub stituted for the words "in any other case may be disposed" by Guj. 19 of 1983 , s . 6 .
When the offender isnot known or cannot be found, the Magistrate may, if he finds 1 [that an offence has beencommitted, subject to section 61G,] order the property in respect of which the offence has beencommitted to be confiscated and taken charge of by the Forest-officer, or to bemade over to the person whom the Magistrate deems to be entitled to the same :
Provided that no such order shallbe made until the expiration of one month from the date of seizing suchproperty, or without hearing the person, if any, claiming any right thereto,and the evidence, if any, which he may produce in support ofhis claim.
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1. These words, figures and letterwere substituted for the words "that an offence has been committed", Guj. 19 of 1983, s. 7.
1 [The Forest Officer whomade the seizure under section 52 may, notwithstandinganything contained in this Act or any otherlaw, sell] any property seized under section 52 and subject to speedy and natural decay, and may deal with theproceeds as he would have dealt with such property if it had not been sold 2 [and shall report about every such sale tohis officialsuperior].
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1. These words and figures weresubstituted for the words "The Magistrate may,notwithstanding anything hereinbefore contained, direct the sale of", Guj. 19 of 1983, s.8(1).
2. These words were added,Guj. 19 of 1983, s. 8(2).
The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.
When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Government free from all incumbrances.
Nothing hereinbefore contained sh all be deemed to prevent any officer empowered in this behalf by the1[2[State] Government] from directing at any time the immediate release of any property seized under section 52 .
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1. The words "Provincial Government" ware sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
1[ 61 A. Confiscation by Forest Officers in certain in cases--
( 1 ) Notwithstanding anything contained in the foregoing provisions of this Chapter or in any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce which is the property of the State Government, the officer seizing the property under sub -section ( 1 ) of section 52 sh all without any unreasonable delay produce it, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the Official Gazette, not being below the rank of an Assistant Conservator of Forest (h ereinafter referred to as "the authorised officer").
( 2 ) Where the, authorised officer seizes under sub -section ( 1 ) of section 52 any forest produce which is the property of the State Government or where any such property is produced before the authorised officer under sub -section ( 1 ) and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may whether or not a prosecution is instituted for the commission of such forest offence, ord er confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle used, in committing such offence.
( 3 ) (a) Where the authorised officer, after passing an ord er of confiscation under sub -section ( 2 ), is of the opinion that it is expedient in the public interest so to do, he may, ord er the confiscated property or any part thereof to be sold by public auction.
(b) Where any confiscated property is sold as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses, relating thereto, sh all, where the ord er of confiscation made under section 61 A is set aside or annulled by an ord er under section 61 C or 61 D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such ord er.
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1 . Sections 61 A, 61B , 61 C, 61 D, 61 E, 61 F and 61 G were inserted by Guj. 10 of 1983 , s. 9 .
(1) No order confiscating any forest produce or tools, ropes, chains, boats, vehicles or cattle shall be made under section 61A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate it and considering his objections, if any:
Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so and considering his objections, if any.
(2) Without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 61A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying forest produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use.
Any Forest Officer not Mow the rank of Conservator of Forests specially empowered, by the State Government, in this behalf by notification in the Official Gazette may, before the expiry of thirty clays from the date of the order of the authorised, officer under section 61A, suo motu call for and examine the records of that order and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit :
Provided, that; no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.
(1) Any person aggrieved by any order passed under section 61A or section 61C may, within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property to which the order relates has been sewed and the Sessions Judge shall, after giving an opportunity of being heard to the appellant and the authorised officer or the officer specifically empowered under section 61C, as the case may be pass such order as he may think fit confirming, modifying or annulling the order appealed against.
(2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any court of law.
The award of any confiscation under section. 61A or 61C or 61D shall not prevent the infliction of say punishment which the person affected thereby is liable under this Act.
When an order for confiscation of any property has been passed under section 61A or 61C or 61D and such order has become final in respects of the whole or any portion of such property, such property or portion thereof or if it has been sold under sub-section (3) of section 61A the sale proceeds thereof as the case may be, shall vest in the State Government free from all encumbrances.
Whenever any forest produce belonging to the State Government or any tools, rope, chain, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61A or the officer specially empowered under section 610 or the Sessions Judge hearing an appeal under section 61D shall have and, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973(2 of 1974) or in any other law for the time being in force, any other officer, court, tribunal or authority shall, not have, jurisdiction to make orders with regard to the custody possession, delivery, disposal or distribution of such property.]
Any Forest officer or Police officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both.
Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code,
(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of tie Government or of some person, or that it may lawfully fee cut or removed by some person; or
(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or
(e) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied,
shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both,
( 1 )1[Any Forest-officer, Police-Officer or Revenue Officer] may, without ord ers from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of hi s having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
( 2 ) Every officer making an arrest under this section sh all, without unnecess ary delay and sub ject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.
( 3 ) Nothing in this section sh all be deemed to authorise su ch arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30 .
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1. These words were sub stituted for the words "Any Forest Officer or Police Officer" by Guj. 15 of 1960 , s . 6 (h ).
Any Forest-officer of a rank not inferior to that of1[a Ranger, any Police officer of a rank not inferior to that of a sub -Inspector or any Revenue Officer of a rank not inferior to that of a Mahalkari], who, or whose sub ordinate, has arrested any person under the pro visions of section 64 , may release such person on hi s executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police-station.
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1 . These, words were sub stituted for the words "a Ranger ", Guj. 15 of 1960 , s. 6 (i).
1[Every Forest Officer, Police Officer and Revenue Officer] sh all prevent, and may interfere for the purpose of p reventing, the commission of any forest-offence.
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1. These words were sub stituted for the words "Every Forest Officer and Police Officer", Guj. 15 of 1960 , s. 6 (j).
1 [Any Magistrate of thefirst class specially empowered in this behalf by the State Government inconsultation, with the High Court], may try summarily, under the Code ofCriminal Procedure, 1898, any forest-offence punishable with imprisonmentfor a term not exceeding sis months, or fine not exceeding five hundred rupees,or both.
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1. These words were substituted for thewords "The District Magistrate or any Magistrate of the first class specially empowered in thisbehalf by the StateGovernment" by Bom. 23of 1961, s. 2, Sch., Part II.
1 [68. Power of compound offences--
(1) The State Government may,by notification in the OfficialGazette, empower a Forest Officer--
(a)to acceptfrom any person against whom a reasonable suspicion exists that he hascommitted any forest offence, otherthan an offence specified in section 62 our section 63, payment of a sum ofmoney or, at his discretion, an undertaking in writing to pay asum of money, by way of compensation for the offence which such person issuspected to have committed, and
(b)when anyproperty has been seized as liable to confiscation, 2 [subject to section 61G], to release the sameon the payment of, or at his discretion, onacceptance of an undertaking in writing to pay, the value thereof as named by such officer.
(2)On thepayment of, or on acceptance of an undertaking in writing to pay, such sum ofmoney, or such named value, or both, as the case may be, to such officer, thesuspected person, if in custody, shallbe discharged, the property, if any, seized shallbe released, and no further proceedings, otherthan those under section 82 where necessary, shall be taken against such person or property.
(3)A ForestOfficer shall not be empoweredunder this section unless he is a ForestOfficer of a rank not inferior to that of a Ranger 3 * * * * * * * * *, andthe sum of money accepted or agreed to be accepted as compensation under clause(a) of sub-section (1) shall in no case exceed the sum of 4 [ two thousand rupees].]
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1. Section 38was substitutedby Guj. 15 of 1960,s. 6 (k).
2. These words, figures and letter were inserted by Guj. 19of 1933, s. 10.
3.The words "andis in receipt of a monthly salaryamounting to at least one hundred rupees," were deleted by Guj. 11 of 1076, s. 3 (1).
4. These words were substitutedfor the words "five hundred rupees,"; Guj. 11 of 1076, s. 3(2).
When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such, produce shall be presumed to be the property of the Government until the contrary is proved.
Cattle-trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a public plantation, within the meaning of section 11 of the Cattle-trespass Act, 1871(1 of 1871), and may be seized and impounded as such by any Forest-officer or Police-officer.
The1[2[State] Government] may, by notification in the3[Official Gazette], direct that, in lieu, of the fines fixed under section 12 of the Cattle-trespass Act, 1871(I of 1871) , there sh all be levied for each head of cattle, impounded under section 70 of this Act, such fines as it thinks fit, but not exceeding the following, that is to say :--
For each elephant .. .. .. ten r upees.
For each buffalo or camel .. .. two rupees.
For each horse, mare, gelding, pony, colt, filly,
mule, bull, bullock, cow or heifer. .. one rupee.
For each calf, ass, pig, ram, ewe, sh eep,
lamb, got or kid. .. .. ..4[fifty naye paise]
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1. The words "Provincial Government" were sub stituted for the words "local Government" by the Government of India, (Adaptation of Indian Laws) Ord er, 1927 .
2. This word was sub stituted for the ward "Provincial" by the Adaptation of Law Ord er , 1950 .
3. These words were sub stituted for the words "Local Official Gazette" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
4. These words were sub stituted for the words "eight annas" by Guj. 15 of 1960 , s. 6 ( 1 ).
*Now Act No. 2 of 1974 .
72. 1 [2 [StateGovernment may invest Forest-officers with certain powers--
(1) The 1 [2 [State] Government] mayinvest any Forest-officer with all or any of the following powers, that is tosay:--
(a)power toenter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a CivilCourt to compel the attendance of witnesses and the production of documents andmaterial, objects;
*(c) power to issue asearch-warrant under the Code of Criminal Procedure, 1898(Vof 1898); and
(d)power tohold an inquiry into forest-offences, and, in the course of such inquiry, toreceive and record evidence.
(2)Any evidencerecorded under clause (d) of sub-section (1) shall be admissible in any subsequenttrial before a Magistrate, provided that it has been taken in the presence ofthe accused person.
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1.The words "Provincial Government" were substitutedfor the words "local Government" by theGovernment of India, (Adaptation of Indian Laws) Order, 1927.
2.This word was substitutedfor the ward "Provincial" by the Adaptation of Law Order, 1950.
All Forest-officers shall be deemed to be public servants within the meaning of the Indian Penal Code.
No suit shall lie against any public servant for anything done by him in good faith under this Act.
Except with the permission in writing of the1[2[State] Government], no Forest-officer sh all, as principal or agent, trade in-, timber or other forest-produce, or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside3[the territories to which this Act extends].
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words and letters "Part-A States and Part C States" by the Adaptation of Laws (No. 3 ) Ord er, 1966 .
The1[2[State] Government] may make rules--
(a) to prescribe and limit the powers and duties of any Forest-officer under this Act;
(b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act:
(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and
(d) generally, to carry out the provisions of this Act.
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1. The words "Provincial Government" were sub stituted for the words "Local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .
Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both.
3 [(1)] All rules made by the 1 [2 [State] Government] underthis Act shall be published in the 4 [OfficialGazette], and, shall thereupon, so far as they are consistent with thisAct, have effect as if enacted therein.
5[(2) All rules made by the StateGovernment under this Act shallbe laid, for not lass than thirty days before the State legislature as soon aspossible after they are made and shallbe subject to such modifications as the Legislature maymake during the session in which they are so laid, or the session, immediatelyfollowing.]
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1. The words"Provincial Government" were substitutedfor the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order,1937.
2. This word was substituted for the word "Provincial" by theAdaptation of Laws Order, 1950.
3. Section 78 was renumbered as sub-section (1)of thatsection by Guj. 15 of 1960, s. 6(m).
4. These words were substituted for the words "Local Official Gazette"by the Governments of India (Adaptation of Indian Laws) Order, 1937.
5. Sub-section (2)was insertedby Guj. 16 of 1930, s. 6(m).
(I) Every person Who exercises any right in a reserved off protected forest, or who is permitted to take any forest-produce from, or to out 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 person in any village contiguous to such forest who is employed by the1[Government], or who receives emoluments from the1[Government] for services to be performed to the community,
shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and sh all forthwith take steps, whether so required by any Forest-officer or Police-officer or not,--
(a) to extinguish any forest fire in such forest of which he has knowledge or information;
(b) to prevent by any lawful me ans in hi s power any fire in the vicinity of such forest of which, he has knowledge or information from spreading to such forest;
and sh all assist any Forest-officer or Police-officer demanding hi s aid--
(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.
( 2 ) Any person who, being bound so to do, without lawful excuse (the burden of proving which sh all lie upon such person) fails--
(a) to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub -section ( 1 );
(b) to take steps as required by sub -section ( 1 ) to extinguish any forest fire in a reserved of protected forest;
(c) to prevent as required by sub -section ( 1 ), any fire in the vicinity of such forest from spreading to such forest; or
(d) to assist any Forest-officer or Police-officer demanding Ms aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender,
shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
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1 . This word was sub stituted for the word "Crown" by the Adaptation of Laws Ord er, 1950 .
( 1 ) If the Government and any person be jointly interested in any forest or waste-land, or in the whole or any part of the produce thereof, the1[2[State] Government] may either--
(a) undertake the management of such forest, waste-land or produce, accounting to such person for hi s interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.
( 2 ) When the1[2[State] Government] undertakes under clause (a) of sub -section ( 1 ) the management of any forest, waste-land or produce, it may, by notification in the3[Official Gazette], declare that any of the provisions contained in Chapters II and IV sh all apply to such forest, waste-land or produce, and thereupon such provisions sh all apply accordingly.
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1. The words "Provincial Government" were sub stituted for the words "local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial' by the Adaptation of Laws Ord er, 1950 .
3. These words were sub stituted for the words "Local Official Gazette' by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
1 [80A. Power of Government to apply provisions of this Act to certain lands of Government local authority--
The State Governmentmay, by notification in the OfficialGazette, declare that any of the provisions of this Act shall apply to all or any lands on the banks of canals orthe sides of roads which are the property of the State Government or a localauthority and thereupon such provisions shallapply to such lands accordingly.]
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1.Section 80A was inserted by Bom.24 of 1955,s. 8.
If any person be entitled to a sh are in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest-produce of which the Government is entitled, upon the condition of duly performing any service connected with such forest, such sh are sh all be liable to confiscation in the event of the fact being established to the satisfaction of the1[2[State] Government] that such service is no longer so performed:
Provided that no such sh are sh all be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service, have been heard by an officer duly appointed in that behalf by the1[2[State] Government].
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1. The words "Provincial Government" were sub stituted for the words "local Government" by the Government of India (Adaptation of Indian Laws) Ord er, 1937 .
2. This word was sub stituted for the word "Provincial' by the Adaptation of Laws Ord er, 1950 .
All money payable tothe Government under this Act, or under any rule made under this Act, or onaccount of the price of any forest-produce, or of expenses incurred in theexecution of this Act in respect of such produce, 1 [or on account ofcompensation or value of property undertaken to be paid under section 68] may, if not paid whendue, be recovered under the law for the time being in force as if it were anarrear of land revenue.
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1. These words and figureswere inserted by Guj. 15 of 1960, s.6 (n).
( 1 ) When any such money is payable for or in respect of any forest-produce, the amount thereof sh all be deemed to be a first charge on such produce, and such, produce may be taken possession of by a Forest-officer until such amount has been paid.
( 2 ) If such, amount is not paid when, due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale sh all be applied first in discharging such amount.
( 3 ) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, sh all be forfeited to1[Government],
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1. This word was sub stituted for the word "Crown" by the Adaptation of Laws Ord er, 1987 .
Wherever it appears tothe 1 [2 [State] Government] thatany land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within themeaning ofsection 4 of the land Acquisition Act, 1894(Iof 1984).
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1. The words"Provincial Government" were substitutedfor the words "Local Government" by the Government of India(Adaptation of Indian Laws) Order,1937.
2. This word was substituted for the word ''Provincial" by the Adaptationof Laws Order, 1950.
1 [(1)] When any person, inaccordance with any provision of this Act, or in compliance with any rule madethereunder, binds himself by any bond or instrument to perform any dutyor act, or covenants by any bond or instrument that he, or that he andhis servantsand agents will abstain from any act, the whole summentioned insuch bond or instrument as the amount to be paid in case of a breach of theconditions thereof may, notwithstanding anything in section 74 of the Indian ContractAct, 1872, be recovered from him in case of such breachas if it were an arrear of land revenue.
2 [(2) If any questionarises--
(a) whether there hasbeen a breach of any of theconditions of such bond or instrument,
(b) as to the sum to bepaid for such breach,
(c)as to theperson or persons liable to pay such sum,
the question shall be referred to and, after giving notice to the personconcerned and after considering his objections (if any), bedecided by an officer, not below the rank of a 3 [Sub-divisional ForestOfficer], authorized by the State Government in this behalf. The personaggrieved by the decision of such officer may, within a period of sixty daysfrom the date of such decision,appeal to the StateGovernment or such other appellate authority asthe State Government may appoint in this behalf. The decision of such officer, subject to an appeal to the appellate authority, and thedecision of the appellate authority on such appeal, shall be final.]
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1. Section 86 was renumbered as sub-section (1) of that section by Bom. 10 of 1958, s. 2.
2. This sub-section was added,Bom. 10 of 1958.
3. These words were substituted for fee words "Divisional Forest Officer"by Bom. 26 of 1957, s. 2.
1[ 85 A. Saving for rights of Central Government--
Nothing in this Act sh all authorise a Government of any State to make any ord er or do anything in relation to any property not vested in that State or other wise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.]
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1 . This section was sub stituted by the Adaptation of Laws Ord er, 1950 .
[Repeals.] -Repealed by the Repealing and Amending Act, 1948 (II of 1948), s. 2 and Schedule.
SCHEDULE
[Repealed by the Repealing and Amending Act, 1948 (II of 1948), s.2 and Schedule.]