INDIAN FOREST (UTTAR PRADESH AMENDMENT) ACT, 1965

S.1 Short title and extent

(1) This Act may be called the Indian Forest (Uttar Pradesh Amendment) Act, 1965.

(2) It extends to the whole of Uttar Pradesh.

S.2 Substitution of new section's for section 3 of Act XVI of 1927

For section 3 of the Indian Forest Act, 1927 (hereinafter called the principal Act), the following shall be substituted namely--

"3. Power to reserve forests

The State Government may constitute any forest land or waste land or any other land (not being land for the time being comprised in any holding or grove or in any village abadi) 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 reserve forest in the manner hereinafter provided.

Explanation---The expression holding shall have the meaning assigned to it in the U.P. Tenancy Act, 1939 (U.P. Act XXII of 1939), and the expression 'village abadi' shall have the meaning assigned to it in the U.P. Village Abadi Act, 1947 (U.P. Act III of 1948)."

S.3 Substitution of new section for section 5

For section 5 of the principal Act, the following shall be substituted, namely--

"5. Bar of accrual of forest rights

After the issue of a notification under section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land, nor any tree therein felled, girdled, lopped, tapped, or burnt, or its bark or leaves stripped off, or the same otherwise damaged, nor any forest-produce removed therefrom, except in accordance with such rules as may be made by the State Government in this behalf."

S.4 Amendment of section 11

In section 11 of the principal Act, after sub-section (3), the following new sub-section shall be added, namely--

"(4) The provisions of sub-section (3) shall apply also when the Forest Settlement Officer proceeds to acquire any land in consequence of any order passed on appeal or revision under this Act."

S.5 Substitution of new section for section 17

For section 17 of the principal Act, the following shall be substituted, namely--

"17. Appeal from order passed under section 11, section 12, section 15 or section 16

Any person who has made a claim under this Act, or any Forest Officer or other person generally or specially empowered by the State Government in this behalf may, within three months from the date of the order passed on such claim by the Forest Settlement Officer under section 11, section 12, section 15 or section 16, present an appeal from such order to the District Judge.

Explanation--In this section and in the succeeding sections of this Chapter, 'District Judge' means the District Judge of the district in which the land is situate, and includes an Additional District Judge to whom an appeal is transferred by the District Judge."

S.6 Substitution of new section for section 18

For section 18 of the principal Act, the following shall be substituted, namely--

"18. Appeal under section 17

• (1) Every appeal under section 17 shall be made by petition in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the District Judge.
• (2) The District Judge, may, after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal or remand the case to the Forest Settlement Officer with such directions as he thinks fit.
• (3) During the pendency of the appeal the District Judge may, for sufficient cause, stay, on such terms, if any, as he thinks fit, the operation of the order appealed from and pass any incidental or consequential order.
• (4) The order passed on the appeal shall, subject to the provisions of section 22, be final."

S.7 Substitution of new section for section 19

For section 19 of the principal Act, the following shall be substituted, namely--

"19. Pleaders

The State Government, or any person who has made a claim under this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest Settlement Officer or the District Judge in the course of any inquiry or appeal under this Act."

S.8 Amendment of section 20

For clause (b) of sub-section (1) of section 20 of the principal Act, the following shall be substituted, namely--

"(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the District Judge; and".

S.9 Addition of new section 20-A

After section 20 of the principal Act, the following new section shall be added, namely:--

"20-A. Certain forest land or waste land when deemed to be reserved forest

• (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, including the Merged States (Laws) Act, 1949 (Act LIX of 1949) or the U.P. Merged States (Application of Laws) Act, 1950 (U.P. Act VIII of 1950), or any order issued thereunder, any forest land or waste land in a merged State which immediately before the date of merger (hereinafter in this section referred to as the said date),--
  • (a) was deemed to be a reserved forest under any enactment in force in that State, or
  • (b) was recognised or declared by the Ruler of such State as a reserved forest under any law (including any enactment, rule, regulation, order, notification, custom or usage having the force of law) for the time being in force, or
  • (c) was dealt with as a reserved forest in any administrative report or in accordance with any working plan or register maintained and acted upon under the authority of the Ruler, shall be deemed to be and since the said date to have continued to be a reserved forest subject to the same rights or concession, if any, in favour of any person as were in force immediately before the said date.

  Explanation I--A certificate of the State Government or of any officer authorised in this behalf to the effect that a report, working plan or register was maintained and acted upon under the authority of the Ruler shall be conclusive evidence of the fact that it was so maintained and acted upon.

  Explanation II--Any question as to the existence or extent of any right or concession referred to in this sub-section shall be determined by the State Government, whose decision, given after such enquiry, if any, as it thinks fit, shall be final.

  Explanation III--'Working plan' includes any plan, scheme, project, map, drawings and lay-outs prepared for the purpose of carrying out the operations in the course of the working and management of forests.

• (2) No right shall be deemed to have been acquired on or after the said date in or over any land mentioned in sub-section (1) except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government or some person in whom such right was vested immediately before the said date and no fresh clearings since made for cultivation or for any other purpose (except clearings made in accordance with any concessions granted by the Ruler and in force immediately before the said date or in accordance with the rules made by the State Government in this behalf since the said date) shall be recognised as or deemed to be lawful, anything contained in this Act or any other law for the time being in force notwithstanding.
• (3) The State Government may within five years from the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, revise any arrangement of the nature specified in section 22, and pass any incidental or consequential order, including any direction to the effect that any of the proceedings specified in the foregoing provisions of this Chapter be taken.
• (4) In relation to any land mentioned in sub-section (1), the references in sections 24 and 26--
  • (a) to section 23 shall be construed as references to sub-section (2); and
  • (b) to rights admitted, recorded or continued under section 14 or section 15 shall be construed as references to rights of pasture or to forest produce admitted, recorded or continued in or under the corresponding enactment, law or document referred to in sub-section (1).
• (5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over any land mentioned in sub-section (1), or for seizure, confiscation, disposal or release (on payment of value or otherwise) of any forest produce in respect of which any forest offence has been committed in relation to such land or of any tools, boats, carts or catte used in committing such offence, nothing in this section shall be deemed to authorise the conviction of any person for any act done before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, which was not an offence before such commencement."

S.10 Substitution of new section for section 22

For section 22 of the principal Act, the following shall be substituted, namely--

"22. Powers to revise arrangements made under section 15 or section 18

The State Government may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or on appeal under section 18, and may for this purpose rescind or modify any order made under section 15 or section 18, and direct that any one of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commuted under section 16."

S.11 Amendment of section 26

In sub-section (1) of section 26 of the principal Act, for clause (a), the following shall be substituted, namely--

"(a) makes any fresh clearing or does any other act prohibited by section 5, or".

S.12 Addition of new section 27-A

In Chapter II of the principal Act, after section 27, the following new section shall be added, namely--

"27-A. Finality of orders, etc

No act done, order made or certificate issued in exercise of any power conferred by or under this Chapter shall, except as hereinbefore provided, be called in question in any Court."

S.13 Amendment of section 41

In section 41 of the principal Act, after sub-section (2) the following new sub-sections shall be added, namely--

"(2-A) The State Government may by notification in the Gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2).

(2-B) Notwithstanding any judgment, decree or order of any Court, any rule purporting to have been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of sub-section (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a 'duly authorised Conservator, as the case may be:

Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person under section 42 for any act done before the commencement of the said Act."

S.14 Addition of new section 61-A

After section 61 of the principal Act, the following new section shall be added, namely--

"61-A. Summary eviction of persons convicted of certain offences

• (1) Where a Court convicts any person of an offence under clause (a), clause (d) or clause (h) of sub-section (1) of section 26 or clause (c) or clause (h) of sub-section (1) of section 33, it may, when passing judgment, direct the eviction of such person from any land in respect of which the offence has been committed.
• (2) Any Court of appeal or revision may direct any order under sub-section (1) passed by a Court subordinate thereto to be stayed pending consideration by the former Court, and may modify, alter or annul such order."

S.15 Substitution of new section for section 78

For section 78 of the principal Act, the following shall be substituted, namely--

"78. Further provisions regarding rules

• (1) All rules under this Act shall be made by notification in the Gazette.
• (2) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some later date is appointed take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder."

S.16 Transitory provisions regarding appeals, revisions, etc

• (1) The jurisdiction and procedure relating to appeals arising out of any claim made before the commencement of this Act shall be governed by the provisions of sections 17 and 18 of the principal Act as amended by this Act.
• (2) Any appeal pending before the commencement of this Act before an appellate officer under section 17 of the principal Act as it stood before its amendment by this Act shall be transferred by him to the District Judge having jurisdiction and shall be disposed of by such Judge under section 18 of the said Act as hereby amended.
• (3) The State Government may by notification in the Gazette constitute one or more Tribunals in relation to such areas as may be specified for the purpose of deciding petitions referred to in sub-sections (5) and (6).
• (4) A Tribunal shall consist of a civil judicial officer not below the rank of District Judge.
• Explanation--The expression "District Judge" includes an Additional District Judge.
• (5) Any petition for revision presented to the State Government, purporting to be made under sub-section (4) of section 18 of the principal Act, as it stood before its amendment by this Act, at any time within five years before the commencement of this Act, shall, whether pending on the date of such commencement with the State Government or purporting to have been decided by it before such date, under the said sub-section, be referred by the State Government to the Tribunal having jurisdiction, and the Tribunal may after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under revision, or remand the case to the Forest Settlement Officer with such directions as it thinks fit:

  Provided that nothing in this sub-section shall be deemed to require the State Government to refer to the Tribunal any petition made by a Forest Officer which the State Government does not think fit to be pressed.

• (6) Any party aggrieved by a decision of an appellate officer given under section 18 of the principal Act at any time within three months before the commencement of this Act may, unless that party has already presented a petition for revision to the State Government purporting to be made under sub-section (4) of section 18 of the principal Act as it stood before its amendment by this Act, prefer to the Tribunal, within three months from the date of such commencement, a petition for revision against the order, and the Tribunal may thereupon dispose of the petition as if it were referred to it under sub-section (5).
• (7) The order passed by the Tribunal shall, subject to the provisions of section 22 of the principal Act as hereby amended, be final.
• (8) The references in sections 11 and 22 of the principal Act as hereby amended, to orders passed on appeal shall be construed as including references to orders passed by the Tribunal under this section.