ACT III OF 1952.
13th Jun. 1952.
Gazette No. 4, dated 22-1-1952. PART I. Section III. NOTIFICATION. No. LD (b) 3-2913/50/Law. The following Act, passed by the Legislative Assembly and assented to by His Highness the Rajpramukh, is hereby published for general information. Government Secretariat, Law Department, Trivandrum, 13th Jun. 1952. By order of His Highness the Rajpramukh, N. S. RADHAKRISHNA SARMA, Secretary to Government.
(1) This Act may be called the Travancore-Cochin Forest Act, 1951.
(2) Chapter VIII shall apply only to Travancore and the rest of the Act shall apply to the whole of the State of Travancore-Cochin.
(3) It shall come into force at once.
In this Act and in all rules made thereunder, unless there is anything repugnant in the subject or context,â
âDivisional Forest Officerâ means the Chief Forest Officer of a Division or a portion or portions of one or more Divisions, if in independent charge of such portion or portions, when they are constituted into a Forest Division ;
ExplanationâTimber for the purpose of sub-clause (1) of Section 2 (e) above, does not include any wood that has been wrought or fashioned such as doors, windows, articles of furniture and boxes ;
The Government may constitute any land at the disposal of the Government a Reserved Forest in the manner hereinafter provided.
Whenever it is proposed to constitute any land a Reserved Forest, the Government shall publish a notification in the Gazetteâ
The officer appointed under clause (c) of this section shall ordinarily be a person other than a Forest Officer; but a Forest Officer may be appointed by the Government to attend, on behalf of the Government, at the inquiry prescribed by this Chapter.
Except as hereinafter provided, no Civil Court shall, between the dates of the publication of the notification under Section 4 and of the notification to be issued under Section 19 entertain any suit against the Government to establish any right in or over any land or to the forest produce of any land included in the notification published under Section 4.
When a notification has been issued under Section 4, the Forest Settlement Officer shall publish in the Gazette and at the headquarters of each Taluk in which any portion of the land included in such notification is situate, and in every town and village or pakuthy in the neighbourhood of such land, a proclamation:â
The Forest Settlement Officer shall also serve a notice to the same effect on every known or reputed owner or occupier of any land included in or adjoining the land proposed to be constituted a Reserved Forest, or on his recognised agent or manager. Such notice may be sent by registered post.
During the interval between the publication of such proclamation and the date fixed by the notification under Section 19, no right shall be acquired in or over the land included in such proclamation, except under a grant or contract in writing made or entered into by or on behalf of the Government, or by or on behalf of some person in whom such right or power to create the same was vested when the proclamation was published, or by succession from such person, and no clearings for cultivation or for any other purpose shall be made on such land, nor shall any person set fire to such land or kindle or leave burning any fire in such manner as to endanger the same.
Nothing in this section shall be deemed to prohibit any act done with the permission in writing of the Forest Settlement Officer.
When a claim has been preferred under clause (d) of Section 6, the Forest Settlement Officer shall inquire into such claim, recording all statements and the evidence in the manner prescribed by the Code of Civil Procedure, 1908 in regard to appealable cases.
He shall, at the same time, consider and record any objection which the Forest Officer, if any, appointed under Section 4 may make to any such claim.
He shall also inquire into and record the existence of any rights mentioned in Section 4 and not claimed under Section 6, so far as they are ascertainable from the records of the Government and the evidence of any person 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 sayâ
When the inquiry is completed, the Forest Settlement Officer shall pass an order specifying the particulars of such claim and admitting or rejecting it wholly or in part.
When the claim admitted relates to any of the following rights:â
and if such right is for the beneficial enjoyment of any land or building, he shall record the designation, position and area of such land and the designation and position of such building.
When the right is a right to forest produce, he shall also record whether the forest produce obtained by the exercise of such right may be sold or bartered.
An appeal shall lie from the order referred to in Section 10 to the District Court within whose jurisdiction the subject matter is situated.
The appeal, if any, shall be preferred within three months from the date of the order so appealed against.
If the order is reversed or modified in appeal, the Forest Settlement Officer shall proceed to deal with it in like manner as if it had been in the first instance made by himself.
When the following events have occurred, namely,
the Forest Settlement Officer shall submit to the Government a report stating that no claims have been preferred, or setting forth the claims which have been finally admitted or rejected, as the case may be.
When the claim admitted relates to the rights of the kind other than those specified in clauses (a), (b), (c) and (d) of Section 10, the Government may (1) come to an agreement with the claimant for the surrender of the right, or (2) exclude the land from the limits of the proposed reserve, or (3) proceed to acquire such land according to the law for the time being in force for the acquisition of land for public purposes.
For the purpose of so acquiring such landâ
Acquisition of land under Land Acquisition Act.
When the claim admitted relates to a right of way or to a water-course, or to a use of water, the Government shall either come to an agreement with the claimant for the surrender of the right or pass an order admitting such right and providing for the exercise of such right.
When the claim admitted relates to a right of pasture or to forest produce, the Government shall either come to an agreement with the claimant for the surrender of such right or provide for the exercise of such right;
The order passed under clause (b) shall record as far as practicable, the number and description of cattle which the claimant is from time to time entitled to graze, the local limits within which and the seasons during which such pasture is permitted, or the quantity of timber or other forest produce which the claimant is authorised to take or receive, the local limits within which, the season during which and the mode in which the taking of such produce is permitted, and such other particulars as may be required in order to define the extent of the right which is continued and mode in which it may be exercised.
Whenever, any right of way or to a water-course or of a pasture or to forest produce admitted under Section 16 or 17 is not provided for in one of the ways prescribed therein, the Government shall, subject to such rules as the Government may prescribe in this behalf, commute such right by paying a sum of money in lieu thereof or, with the consent of the claimant, by the grant of rights in or over land or in such other manner as they think fit:
Provided, however, that, if the claimant is not satisfied with the amount of money awarded by the Government he may, within six months from the date of service of the order of commutation, file a suit in the District Court having jurisdiction over the area for having the commutation value of such right determined.
When the proceedings prescribed in the preceding sections have been taken, the Government may publish a notification in the Gazette specifying the limits of the forests which it is intended to reserve and declaring the same to be reserved from a date to be fixed by such notification.
Copies of the notification shall also be published at the headquarters of each Taluk in which any portion of the land included in such notification is situate and in every town and village or pakuthy in the neighbourhood of such land.
From the date so fixed the forest shall be deemed to be a "Reserved Forest".
(1) Rights in respect of which no claim has been preferred under Section 6, and of the existence of which no knowledge has been acquired by inquiry under Section 8, shall thereupon be extinguished, unless, before the publication of such notification under Section 19, the person claiming them has satisfied the Forest Settlement Officer that he had sufficient cause for not preferring such claim within the period fixed under Section 6, in which case, the Forest Settlement Officer shall proceed to dispose of the claim in the manner hereinbefore provided-
(2) Notwithstanding the provisions contained in sub-section (1), a person who has not been able to prefer the claim before the Forest Settlement Officer under Section 6 or before the publication of the notification under Section 19 may institute a suit in the District Court for the award of compensation for any rights extinguished under that sub-section within three years of the publication of the notification under Section 19 and the Court may if it is satisfied that he had such rights and there was sufficient cause for not preferring the claim before the Forest Settlement Officer within the period referred to in sub-section (1), award compensation.
(1) Where the description of the limits of any reserved forests notified under Section 19 is defective or is not clear in reference to existing facts, the Government may by notification in the Gazette declare their intention to redefine the limits of such Reserved Forest so as to remove the defect or to make the description clear in reference to existing facts. Such notification shall specify as nearly as possible the corrections which it is proposed to effect to the limits of the Reserved Forest.
No forest produce obtained in exercise of any right continued under Section 17 shall be sold or bartered, except to the extent defined by the order recorded under Section 17.
Any person selling or bartering any forest produce in contravention of this section shall be punished with fine which may extend to two hundred rupees.
The Chief Conservator may, from time to time, with the previous sanction of the Government, stop any public or private way or water-course in a Reserved Forest, provided that a reasonable convenient substitute for the way or water-course so stopped already exists or has been provided or constructed in lieu thereof.
The Government may, within five years from the publication of any notification under Section 19, revise any arrangement made under Section 15, 16 or 17, and may, for this purpose, rescind or modify any order made under Section 15 or 17 and direct that any one of the proceedings specified in Section 17 be taken in lieu of any other of such proceedings, or that the rights admitted under Section 17 be commuted under Section 18.
The Government may, by notification in the Gazette, direct that, from a date to be fixed by such notification, any forest or any portion thereof reserved under this Act shall cease to be reserved.
From the date so fixed, such forest or portion shall cease to be reserved; but the rights if any which have been extinguished therein shall not revive in consequence of such cessation.
Any person whoâ
who, in a Reserved Forest,â
28. (1) Every person who exercises any right in a Reserved Forest or who is permitted to take any forest produce from, or to cut and remove timber, or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and every Village Officer or person in any village contiguous to such forest who is employed by the Government, shall be bound to furnish without unnecessary delay, to the nearest Forest Officer or Police-Station-House Officer, any information he may possess respecting the occurrence of a fire in or near such forest, or the commission of, or intention to commit any forest offence, and shall forthwith take steps, whether required by any Forest Officer or Police Officer or notâ
(2) Any person who being bound so to do, without lawful excuse, the burden of proving which shall be upon such person, failsâ
Subject to all rights now vested in individuals and communities by law or custom or usage having the force of law, the Government may make rules to regulate the use of the pasture or of the natural produce of any land at the disposal of Government and not included in a Reserved Forest. Such rules may, with respect to such land,â
And whoever commits an infringement of any of those rules shall, on conviction before a Magistrate, be liable to imprisonment for a term which may extend to one month, or to fine which may extend to one hundred rupees, or to both.
If any agricultural or other crop is grown in contravention of the rules framed under clause (a) of this section and any person is convicted for that offence, such crop shall be liable to confiscation by order of the convicting Magistrate ;
Provided that the Government may exempt any person or class of persons from the operation of all or any of these rules.
Whenever fire is caused wilfully or negligently in any land to which all or any of the rules made under Section 29 have been extended, the Government may, notwithstanding that a penalty has been inflicted under that section, direct that such land be closed against pasture for such period as they think fit :
Provided that an area, sufficient in extent and in a locality reasonably convenient, is left open for the use of persons having rights of pastures in such land.
Whoever pastures cattle or permits cattle to trespass in land closed under Section 30 shall be punished with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
The Government may, from time to time, by notification in the Gazette, regulate or prohibit in any forest or waste land not at the disposal of Governmentâ
when such regulation or prohibition appears to be necessary for any of the following purposes :â
Firstâfor protection against storms, winds, rolling stones, floods and landslips ;
Whenever the owner of such forest or land may decline to comply with the regulations or directions contained in the said notification, it shall be incumbent upon the Government, if they resolve to assume control of the said forest or land, to take the said forest or land, or so much of it as they may see fit, on lease from the owner for such term as they may deem it necessary to retain the same under control, and the owner shall be bound either to conclude such lease with the Government or to require that such forest or land shall be acquired for public purposes and, in the latter event, the Government shall acquire such forest or land accordingly. If such lease is agreed upon, the amount of annual rent to be reserved and all other questions arising between the owner or persons claiming to be owners and the Government shall, in case of dispute, be determined so far as may be in accordance with the provisions of the Land Acquisition Act for the time being in force, by any officer appointed by the Government in that behalf subject to an appeal to the District Court.
In any case under this Chapter in which the Government consider that, in lieu of taking the forest or land under their control, the same should be acquired for public purposes, the Government may proceed to acquire it in the manner prescribed by the law in force for the acquisition of land for public purposes.
The owner of any land or, if there be more than one owner thereof, the owners of shares therein, whether divided or not, amounting in the aggregate to at least two thirds thereof, may, with a view to the formation or conservation of forests thereon represent in writing to the Chief Conservator of Forests their desireâ
The Government may, in any such case, by a notification in the Gazette, apply to such land such provisions of this Act as they think suitable to the circumstances thereof and as may be desired by the applicants.
Any such notification may be altered or cancelled by a like notification.
If the Government and any person or persons are jointly interested in any forest or waste land or in the whole or any part of the produce thereof, the Government may eitherâ
When the Government undertake, under clause (a) of this section, the management of any forest, waste land or produce, they may, by notification in the Gazette, declare that any of the provisions contained in Chapters II and III of this Act shall apply to such forest, waste land or produce, and thereupon such provisions shall apply accordingly.
All persons employed under Sections 33, 35 and 36 to carry out the provisions of this Act shall be deemed to be Forest Officers within the meaning of this Act.
The Government shall also have power to appoint any person to discharge any function of a Forest Officer under any of the provisions of this Act which have been extended to any land or to any forest or waste land or produce by a notification under Section 35 or Section 36 or under any rule made in pursuance of any provision so extended.
The Government may make rules to regulate the transit of all timber or of certain classes of timber within local limits as may appear to be necessary. Such rules may (among other matters),â
(1) The 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, in cases where the offence is committed after sunset and before sunrise, or after making preparation for resistance to the execution of any law or any legal process, or where the offender has been previously convicted of a like offence, the convicting Magistrate may inflict double the penalty prescribed for such offence.
The holder of every pass issued under rules framed under Section 38 shall, while such timber or forest produce is in transit, be bound to produce the same for inspection on being required to do so by any Magistrate or Forest or Police Officer.
(2) Whoever infringes the provision in sub-section (1) shall be liable to imprisonment which may extend to one month or fine which may extend to one hundred rupees or both.
All timber found adrift, beached, stranded or sunk, all timber bearing marks which have not been registered under Section 38 or on which the marks have been obliterated, altered or defaced by fire or otherwise, and in such areas as the Government direct, all unmarked timber shall be deemed to be the property of Government unless and until any person establishes his right and title thereto, as provided in this Chapter.
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 46 and may be brought to such stations as the Forest Officer may from time to time notify as stations for the reception of drift timber.
The Government may, by notification in the Gazette, exempt any class of timber from the provisions of this section, and withdraw such exemption.
Public notice shall, from time to time, be given by the Forest Officer of timber collected under Section 41. A copy of such notice shall also be published in the Gazette. 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 statement is presented as aforesaid, the Forest Officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the Forest Officer may either deliver the same to any such person whom he deems entitled thereto, or may refer the claimants to the Civil Court, and retain the timber pending the receipt of an order from any such Court for its disposal.
On rejection of claim to such timber, claimant may institute suit.
(3) Any person whose claim has been rejected under this section may, within four months from the date of such rejection, institute a suit to recover possession of the timber claimed by him, but no person shall recover any compensation or costs against the Government, or against any Forest Officer, on account of such rejection or the detention or removal of any timber, or the delivery thereof to any other person under this section.
(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.
If no such statement is presented, as aforesaid, or if the claimant omits to prefer his claims in the manner and within the period prescribed by the notice issued under Section 42, 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 specified in Section 43, the ownership of such timber shall vest in the Government, or, when such timber has been delivered to another person under Section 43, in such other person free from all encumbrances not created by him.
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 in pursuance of Section 46.
(1) The Government may, from time to time, make rules to regulate the following matters, namely:--
No wild elephant shall be killed, wounded or captured in any place within the State, except with the sanction of the Government.
Whoever, not being authorised thereto under the provisions of Section 50, kills, wounds, or captures or abets within the meaning of that term as defined in the Indian Penal Code killing, wounding or capturing of a wild elephant in any place within the State shall be punished with imprisonment which may extend to six months or with fine or both for each animal. Any person convicted of a second offence under this section shall be liable to double the punishment mentioned above.
Exception: It is not an offence under this section for any person to kill or wound any wild elephant in defence of himself or of any other person or in defence of property :
Provided that the right of defence of person or property in no case extends to the causing of more harm than is necessary for the purpose of defence.
Any wild elephant captured or the tusks and teeth of any wild elephant killed shall be regarded as the property of the Government and shall be delivered to the nearest Forest or Police Officer.
The Government may, subject to such rules as may be made by them in this behalf, from time to time, grant general or special permits in writing to any person for the shooting or capturing of wild elephants and such person shall be exempted from the operation of Section 48 so long as he acts in accordance with the rules given in the permit.
The Government may make rules regulating the killing or wounding of any wild elephant in defence of person or property.
(1) Trees of the following species, that is to say, teak, blackwood, ebony and sandalwood and also ivory and teeth of elephants, whether grown or found on Government land or private property, are royalties and no trade shall be carried on in them unless they have been duly obtained from the Government.
(2) The trees mentioned in sub-section (1) shall not be felled by any person without the written permission of the Chief Conservator of Forests or such other officer as may be authorised by him in writing, but the owner of any property on which a teak, blackwood, ebony or sandalwood tree is standing, may after obtaining the written permission of the Chief Conservator of Forests or other officer authorised by him as aforesaid, and on such terms as the Government may determine, fell any such tree for his private use, and when any such tree is removed from such property on account of the Government, the owner shall be entitled to a payment (hereinafter referred to in this Chapter as Kudivila) at rates which the Government may from time to time determine.
Exception:âThis section shall not apply to trees in places where royalty in trees has been abolished by Proclamations (Travancore) dated the 11th January 1936 and the 25th August 1941.
When it is proposed to cut and remove any royalty trees from private lands by Government agency, notice in the prescribed form shall be given to the registered holder of the land from which the trees are proposed to be cut and removed. Such notice may be sent by registered post to the registered holder of the land and shall also be posted in the Pakuthi or Village and Taluk offices.
Before any such trees are removed, a joint mahazar shall be prepared in the prescribed form by a Forest Officer not below the rank of a Forester in conjunction with the local Proverthicar, and whenever possible in the presence of the owner of the land or his authorised agent who shall also attest the
mahazar. Notice as to when the trees are proposed to be removed and when the joint mahazar is proposed to be prepared shall be given to the registered holder of the land. Such notice may be sent by registered post.
After the preparation of the joint mahazar referred to in the preceding section, another notice in the prescribed form shall be published by posting in the Pakuthi or Village and Taluk Offices and on some conspicuous part of the land from which the trees are cut, calling upon all claimants to prefer their claims to Kudivila within ninety days from the date of publication of such notice to the Forest Officer empowered for the purpose and to produce all documents and other evidence in support of their claims.
(1) When a claim has been preferred as required by Section 55, the Forest Officer empowered in that behalf shall inquire into such claim, recording all statements and the evidence in the manner prescribed by the Code of Civil Procedure, 1908 in appealable cases.
(2) When no such claim has been preferred as required in Section 55, the inquiry shall be conducted ex-parte.
(3) For the purpose of such inquiry, the Forest Officer aforesaid may exercise all the powers of a Civil Court in the trial of suits.
(1) On the completion of the inquiry by the Forest Officer under Section 56, he shall make an award under his hand ofâ
(2) The award shall be filed in the office of the Forest Officer and shall be final except as hereinafter provided. Notice of the award shall forthwith be given to all the parties who are interested.
(1) Any party to the inquiry who is aggrieved by the award may, by written application to the Forest Officer making such award, require that the matter be referred to the District Court, within whose jurisdiction the land is situated, whether his objection be to
In making the reference, the Forest Officer shall state, for the information of the District Court, in writing under his hand ;â
To the said statement shall be attached a Schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested and the evidence adduced by them.
The District Court shall thereupon cause a notice specifying the day on which the Court shall proceed to determine the objection and directing their appearance before the Court on that day, to be served on the following persons, namely ;â
The scope of the inquiry in every such proceeding shall be restricted to a consideration of the interests of the persons affected and every such proceeding shall be taken in open Court.
Every award made by the Court shall be in writing, signed by the Judge, and shall specify the amount of the Kudivila awarded and the respective persons to whom it shall be payable. Against the award made by the District Court, an appeal shall lie to the High Court.
On making an award under Section 57, the Forest Officer shall tender payment of the Kudivila awarded by him to the persons entitled thereto according to the award, and shall pay it to them, unless they refuse to receive it, or there is any dispute as to the title to receive the Kudivila or as to the apportionment thereof.
If the award made by the Forest Officer is reversed or modified either by the District Court or by the High Court, the Forest Officer shall proceed to deal with it in like manner as if it had been in the first instance made by himself.
No claims to Kudivila preferred after three years from the date of publication of the notice mentioned in Section 55 shall be admitted by the Forest Officer nor shall any such claims be entertained in a Court of law except for references under Section 58.
The provisions of Sections 55 to 65 shall not apply to claims for Kudivila in respect of trees cut before the 22nd December 1948:
Provided, nevertheless, that all claims which have not been preferred in respect of trees cut before that date shall be preferred within one year from the commencement of this Act and no suit, claim or other proceeding preferred after the said period shall be entertained by a Forest Officer or any Court of law.
The Government may make rules for regulating or prohibiting the felling, lopping, cutting, maiming, or otherwise maltreating of any tree which is a royalty or any other tree standing on land temporarily or permanently assigned, the right of the Government over which has been expressly reserved in the deed of grant or assignment of such land.
Whoeverâ
(1) When there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce such timber or produce, together with all tools, ropes, chains, boats vehicles and cattle used in committing any such offence may be seized by any Forest Officer or Police Officer.
Report to Magistrate.
(2) Every officer seizing any property under sub-section (1) shall place on such property or the receptacle (if any) in which it is contained, a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, when the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the Forest Officer makes, as soon as may be, a report of the circumstances to his official superior.
Any Forest Officer of a rank not inferior to that of a Ranger who or whose subordinate has seized any tools, boats, vehicles or cattle under the provisions of Section 69 may release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
Upon the receipt of any such report, the Magistrate shall with all convenient despatch take such measures as may be necessary for the trial of the accused and the disposal of the property according to law.
(1) When any person is convicted of a forest offence, all timber or other forest produce in respect of which such offence has been committed and all tools, ropes, chains, boats, vehicles and cattle used in committing such offence and being the property of the offender or his abettor shall be liable, by order of the convicting Magistrate, to confiscation.
(2) Such confiscation may be in addition to any other punishment prescribed for such offence.
When the trial of any forest offence is concluded, any timber or other forest produce in respect of which such offence has been committed shall, if it is the property of the Government or has been confiscated, be taken possession of by or under the authority of a Forest Officer not below the rank of an Assistant Conservator of Forests ;
and in any other case it may be disposed of in such manner as the Court may order.
When the offender is not known or cannot be found, the Magistrate, if he is of opinion that offence has been committed, may, on application in his behalf, order the property in respect of which the offence has been committed to be confiscated and taken possession of by or under the authority of a Forest Officer not below the rank of an Assistant Conservator of Forests, or to be made over to any person whom the Magistrate considers to be entitled to the same :
Provided that no such order shall be made until the expiration of two months from the date of seizing such property or without hearing the person (if any) claiming any right thereto, and the evidence (if any) which he may produce in support of his claim.
The Magistrate shall cause a notice of any application under this section to be served upon any person who, he has reason to believe, is interested in the property seized, or shall publish such notice in any way which he thinks fit.
(1) Notwithstanding anything hereinbefore containedâ
(2) The Magistrate may deal with the proceeds of the sale of any property held under clause (a) or clause (b) of sub-section (1) in the same manner as he might have dealt with the property if it had not been sold.
The officer who made the seizure under Section 69 or any of his official superiors or any persons claiming to be interested in property seized under Section 69 may within two months from the date of any order passed under Section 72, 73, or 74 present an appeal therefrom, which may be disposed of in the manner provided by Section 520 of the Code of Criminal Procedure, 1898.
When an order for the confiscation of any property has been passed under Section 72 or 74 and the period limited by Section 76 for presenting an appeal from such order has elapsed, and no such appeal has been presented, or when, on such an appeal being presented the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or portion, as the case may be, shall vest in the Government.
Nothing hereinbefore contained shall be deemed to prevent a Forest Officer not below the rank of a Deputy Conservator of Forests or of an Assistant Conservator of Forests holding charge of a Forest Division from directing at any time the immediate release of any property seized under
Whoever, with intent to cause damage or injury to the public or any person or to cause wrongful gain as defined in the Indian Penal Code,â
shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
(1) Any Forest Officer or Police Officer may, without orders from a Magistrate and without a warrant arrest any person reasonably suspected of having been concerned in any forest offence, if such person refuses to give his name and residence, or gives his name or residence which there is reason to believe to be false, or if there is reason to believe he will abscond.
(2) Every officer making an arrest under this section shall, forthwith take or send the person arrested to the nearest Police station, and the officer in charge of such station shall thereupon act according to law.
Any Forest Officer of a rank not inferior to that of a Ranger who or whose subordinates have arrested any person under the provisions of Section 80 may release such person on bail on his 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.
Any Forest Officer or Police Officer who vexatiously and maliciously seizes any property on pretence of seizing property liable to confiscation under this Act, or who vexatiously and maliciously arrests any person, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two hundred rupees, or with both.
Every Forest Officer and Police Officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest offence.
Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes a forest offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder:
Provided that no person shall be punished twice for the same offence.
(1) Any Forest Officer not below the rank of an Assistant Conservator of Forests may accept from any person, reasonably suspected of having committed any forest offence other than an offence under Section 79 or 82, a sum of money by way of compensation for the offence which may have been committed and where any property has been seized as liable to confiscation, may release the same on payment of the value thereof as estimated by such officer or confiscate such property to the Government.
(2) On the payment of such sum of money or such value or both, as the case may be, to such officer, the accused person, if in custody, shall be discharged, the property seized shall be released and no further proceedings shall be taken against such person or property.
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 on lands on which the grazing of cattle has been prohibited by rules made under this Act, or which has been closed under Section 30 shall be deemed to be cattle doing damage to a public plantation within the meaning of Section 11 of the Travancore-Cochin Cattle Trespass Act, 1125 (XII of 1125) and may be seized and impounded as such by any Forest Officer or Police Officer.
The Government may, by notification in the Gazette, direct that, in lieu of the fines fixed by Section 12 of the Travancore-Cochin Cattle Trespass Act, 1125 there shall be levied in all or any of the areas to which that Act applies, for each head of cattle impounded under Section 87 of this Act, such fines as they think fit, but not exceeding the following:â
| Rs. | as. | p. | |
|---|---|---|---|
| For each elephant | 50 | 0 | 0 |
| For each buffalo or camel | 5 | 0 | 0 |
| For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, calf or heifer | 3 | 0 | 0 |
| For each ass, pig, ram, ewe, sheep, lamb, goat or kid | 1 | 0 | 0 |
The Government may invest either temporarily or permanently, any Forest Officer not below the rank of an Assistant Conservator of Forests with all or any of the following powers, and may withdraw the same:â
Any evidence recorded under clause (c) of this section shall be admissible in any subsequent trial, before a Magistrate, of the alleged offender, provided that it has been taken in the presence of the accused person and recorded in the manner provided by the Code of Criminal Procedure, 1898.
All Forest Officers shall be deemed to be public servants within the meaning of the Indian Penal Code.
No suit or other proceeding shall lie against any public servant for any act done, or ordered to be done, in good faith, in pursuance of this act.
Except with the permission in writing of the Government, no Forest Officer shall, as principal or agent, trade in timber or forest produce, or be or become interested in any lease or mortgage of any forest or in any contract for working any forest whether in the State or outside.
(1) (a) The Government may make rules for the protection, advancement, treatment and management of hill tribes.
(b) The rules made under clause (a) shall be laid for not less than seven days before the Legislative Assembly as soon as possible after they are made and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid.
(2) The Government may make rules consistent with this Act,
The rules made under Section 93 shall have the force of lawâ
All contractors or persons' engaged by the Officers of the Forest Department to fell, remove or deliver timber, collect produce, or to do any work for the Department, and all persons who have permission to collect and remove timber or forest produce on permits, licenses or leases, shall be held responsible for any loss or damage caused by any acts or omission on the part of any of their subordinates, servants or agents infringing any of the provisions of this Act or of the rules framed thereunder.
All money, other than fines, payable to the Government under this Act or any rule made thereunder, or on account of timber or forest produce, or of expenses incurred in the execution of this Act in respect of timber or forest produce, or under any
produce may be taken possession of by or under the authority of a Forest Officer not below the rank of an Assistant Conservator of Forests and may be retained until such amount has been paid, or such Forest Officer may sell such produce by public auction and the proceeds of the sale shall be applied first in discharging such amount.
The surplus, if any, if not claimed by the person entitled thereto within one year from the date of the sale, shall be forfeited to the Government.
Whenever it appears to the Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of the Travancore and Cochin Land Acquisition Acts.
All trees and timber, other than royalties, found on land at the disposal of the Government which may hereafter be granted for permanent cultivation under such rules as may be in force at the time shall be held to be the property of the Government; such trees shall, on the application of the grantees, be removed by the Forest Department within 18 months from the date of receipt of such application; if not so removed such trees and timber shall become the property of the land owner on payment by him of the current seigniorage value thereof.
Any decision or order passed by a Forest Settlement Officer under this Act and any order passed in appeal therefrom shall be enforceable by the District Court within whose jurisdiction the land is situated as if it were a decree passed by such District Court under the Code of Civil Procedure, 1908.
(1) The Travancore Forest Act of 1063 (Act II of 1063) as subsequently amended and the Cochin Forest Act (Act III of 1080) as subsequently amended are hereby repealed.
(2) All references made in any enactment to the enactments hereby repealed shall be read as if made to the corresponding provisions of this Act.
(3) All rules prescribed, appointments made, powers conferred and orders issued under the enactments hereby repealed shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred and issued hereunder.