ANDHRA PRADESH
FOREST ACT, 1967 THE ANDHRA PRADESH FOREST ACT, 1967 [Act No. 01 of 1967] ( came into force from 15.04.1967) An Act to consolidate and amend the law relating to the protection
and management of forests in the State of Andhra Pradesh. Be it enacted by the
Legislature of the State of Andhra Pradesh in the Eighteenth Year of the
Republic of India as follows:- (1)
This Act may be called the Andhra Pradesh Forest Act, 1967. (2)
It extends to the whole of the State of Andhra Pradesh (3)
It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint. (Note: came into force from
15.04.1967 vide G.o.Ms.No.664 Food and Agriculture(Leg) dated 06.04.1967) In this Act, unless the
context otherwise requires- (a)
?cattle? includes cows, oxen, elephants, camels, buffaloes,
horses, mules, asses, pigs, sheep, goats and such other kind of animals as the
Government may, by notification, specify; (b)
?Court? means the principal Civil Court of original jurisdiction; (c)
?Divisional Forest Officer? means the forest officer in independent
charge of a forest division; (d)
?forest division? means such area as may be declared, by
notification, by the Government or by such authority as may be empowered by the
Government in this behalf to be a forest division for the purposes of this Act; (e)
?forest offence? means an offence punishable under this Act or any
rule made thereunder; (f)
?forest officer? means any person appointed by the Government or
by any officer empowered by the Government in this behalf; (i)
to be the Chief Conservator, Deputy Chief Conservator,
Conservator, Deputy Conservator, Assistant Conservator, Divisional Forest
Officer, Ranger, Deputy Ranger, Forester, Forest Guard, Forest Watcher,
Thanadar, Checking Officer or Plantation Watcher; (ii)
to perform any function of a Forest officer under this Act or any
rule or order made thereunder;but does not include a Forest Settlement Officer
appointed under clause(c) of sub-section(1) of Section 4; (g)
?forest produce? includes; (1)
The following whether found in, or brought from a forest or not,
that is to say timber, bamboos, charcoal, rubber, cacutchour, catechu,
wood-oil, resin, natural varnish bark, lac, mahua flowers, mahua seeds,
myrobalans, tumki leaves, rousa grass, rauwolfa serpentine, adda leaves; (2)
The following when found in, or brought from a forest, that is to
say- (3)
trees, such leaves, flowers and fruits as may be prescribed and
all other parts or produce not herein before mentioned of trees; (4)
plants not being trees (including grass, creepers, reeds and moss)
and all parts or produce of such plants, (5)
?wild animals, wild birds,
skins, tusks, horns, bones, silk cocoons, honey, wax, and all other parts or
produce of animals and birds; (iv)peat, surface soil, rock and minerals
(including lime stone and laterite) mineral oil and all products of mines or
quarries; and (6)
Such other produce as may be prescribed;?gum?( included vide
G.O.Ms.No.724 F&RD(For-III) dated 24.09.1977 and published in Andhra
Pradesh Gazette RS to Part I dated 13.10.1977) (h) ?Government
? means the State Government (i) ??Magistrate? means a Magistrate of the first
class or second class having jurisdiction and includes a Magistrate of the
third class specially empowered by the Government in this behalf to try Forest
offences; (j) ?Notification?
means a notification published in the Andhra Pradesh Gazette; (k) ?Owner?
in relation to a forest includes a mortgagee with possession, lessee or other
person having right to the possession and enjoyment of the forest; (l) ??prescribed? means prescribed by rules made
under this Act; (m)
?red sanders wood? means the wood derived out of any part of the
tree known by its botanical name as ?Pterocarpussantalinus? and include chips,
dust or powder of such wood; (n)
?river? includes a stream, canal, backwater, creek and other
channel, natural or artificial; (o)
??sandalwood? means the wood
derived out of any part of the tree known by its botanical name as ?Santalum
album? and includes chips, dust or powder of such wood; (p)
??teakwood? means the woods
derived out of any part of the tree known by its botanical name as
?Tectonagrandis?; (q)
?timber? includes trees fallen or felled, and all wood, cut up or
sawn; (r)
?tree? includes bamboos, stems, brushwood and canes. The Government may
constitute any land as a reserved Forest in the manner hereinafter provided. (1)
Whenever it is proposed to constitute any land as a reserved
Forest, the Government shall publish a notification in the Andhra Pradesh
Gazette and the District Gazette concerned, if any; (2)
specifying, as nearly as possible, the situation and limits of
such land; (3)
?declaring that it is
proposed to constitute such land as reserved forest; (4)
appointing a Forest Settlement Officer to consider the objections,
if any, against the declaration under Clause (b) and to enquire into and
determine the existence, nature and extent of any rights claimed by, or alleged
to exist in favour of, any person in or over any land comprised within such
limits, or to any forest produce of such land, and to deal with the same as
provided in this Chapter. Explanation:- (1) For the
purpose of Clause (a), it shall be sufficient to describe the limits of the
land by any well-known or readily intelligible boundaries, such as roads,
rivers, bridges and the like. (5)
A person appointed to be a Forest Settlement Officer under Clause
(c ) of sub-section (1) shall be an officer of the Revenue Department not below
the rank of a Revenue Divisional Officer. (6)
Any forest officer may represent the Forest Department at the
inquiry conducted under this Chapter. Save as otherwise provided
in this Act, no Court shall between the dates of the publication of the
notification under Section 4 and the notification to be issued under Section
15, entertain any suit or other action against the Government to establish any
right in, or over, any land, or to forest produce of any land included in the
notification published under Section 4. (1)
Where a notification has been issued under Section 4, the Forest
Settlement Officer shall publish in the main language of the District, in the
District Gazette concerned or where there is no such Gazette, in the Andhra
Pradesh Gazette, and in the regional language in every town and village and at
the headquarters of each taluk and at the office of the Gram Panchayat, in
which any portion of land included in the said notification is situated, a
proclamation,- (i)
specifying, as nearly as possible, the situation and limits of the
land proposed to be included within the reserved forest; (ii)
setting forth the substance of the provisions of Section 7; (iii)
explaining the consequences which, as hereinafter provided, will
ensue on the reservation of such forest; and (iv)
fixing a period of not less than six months and not more than one
year from the date of publishing such proclamation at the headquarters of the
taluk, and calling for objections, if any, within the period so fixed from any
person interested against the declaration under Clause (b) of sub-section (1)
of Section 4, and requiring every person claiming any right in such land either
to present to the said officer, within the period so fixed, a written statement
specifying, or to appear before him within the said period and state, the
nature of such rights, and in either case to produce all documents in support
thereof. (2)
The Forest Settlement Officer shall also serve in the manner
prescribed, a copy of the proclamation on every known or reputed owner or
occupier of any land included in or adjoining the land proposed to be
constituted as a reserved forest, or on his recognised agent or manager. (1)
During the interval between the publication of a notification in
the Andhra Pradesh Gazette under Section 4 and the date fixed by the
notification under Section 15- (i)
no right shall be acquired by any person in or over the land
included in the notification under Sec.4 except by succession or under a grant
or contract in writing made or entered into by or on behalf of the Government
or any person in whom such right was vested before the publication of the
notification under Section 4; (ii)
no new house shall be built or plantation formed, no fresh
clearing for cultivation or for any other purpose shall be made, on such land
and no trees shall be cut from such land for the purpose of trade or
manufacture: (iii)
no person shall set fire or kindle or leave burning any fire in
such manner as to endanger or damage such land or forest produce. (2)
No patta in such land shall be granted by or on behalf of the
Government. (1)
The Forest Settlement Officer shall consider every objection and
inquire into every claim made under Section 6, after recording in writing the
statements made or evidence given in pursuance of the proclamation published or
notice served under that section. He shall record any representation which the
forest officer, if any, representing the Forest Department under sub-section
(3) of Section 4, may make in respect of any such objection or claim. (2)
The evidence under sub-section (1) shall be recorded in the manner
provided by the Code of Civil Procedure.1908 in appealable cases. For the purpose of an inquiry
under Section 8, the Forest Settlement Officer may exercise the following
powers, namely: (i)
power to enter by himself or to authorise any officer to enter
upon any land and to survey, demarcate and make a map of the land; and (ii)
the powers conferred on a Civil Court by the Code of Civil
Procedure 1908, for summoning and enforcing the attendance of any person and
examining him on oath and requiring the production of any document or other
article. (1)
where the claims relate to a right in or over any land other than
the following rights:- (i)
a right of way; (ii)
a right to water-course, or to use of water; (iii)
a right of pasture; or (iv)
a right to forest produce;the Forest Settlement Officer shall,
after considering the particulars of such claim, and the objections of the
forest officer, if any, pass, an order, admitting or rejecting the same wholly
or in part after recording the reasons thereof. (2)
If any claim is admitted wholly or in part under sub- section (1),
the Forest Settlement Officers may:- (i)
accept the voluntary surrender of the right by the claimant or
determine the amount of compensation payable for the surrender of the right of
the claimant, as the case may be; or (ii)
direct the exclusion of the land from the limits of the proposed
forest; or (iii)
acquire such land in the manner provided by the Land Acquisition
Act, 1894 (hereinafter in this sub-section referred to as the said Act.) (iv)
For the purpose of acquiring such land:- (v)
the acquisition shall be deemed to be for a public purpose; and
the notification
under Section 4 shall be deemed to be a notification under Section 4 shall be
deemed to be a notification under sub-section (1) of Section 4 of the said Act; (vi)
?the Forest Settlement
Officer shall be deemed to be a Collector under the said Act, and the claimant shall
be deemed to be a person interested and appearing before him in pursuance of a
notice given under Section 9 of the said Act; (vii)
?the provisions of Sections
5-A, 6,7 and 8 of the said Act shall not be applicable; and (viii)
the Forest Settlement Officer with the consent of the claimant, or
the Court as defined
in the said Act-with the consent of the claimant and of the Government may,
instead of money compensation, award compensation by the grant of any other
land in exchange, by the grant of any right in or over land or partly by the
grant of any land of any right therein and partly by the payment of money. (1)
Where the claim relates to any of the rights specified in Clauses (a) to
(d) of sub-section (1) of Section 10, the Forest Settlement Officer shall,
after considering the particulars of such claim so far as may be necessary to
define the nature of incidents and extent of the right claimed, and the
objections of the forest officer, if any, pass an order; admitting or rejecting
such claim wholly or in part, after recording the reasons therefor. (2)
Where the claim admitted relates to a right for the beneficial
enjoyment of any land or building, the Forest Settlement Officer shall record
the designation and position of the area of such land and the designation and
position of such building. (3)
Where the claim admitted relates to a right of way or to a
water-course or to the use of water, the Forest Settlement Officer shall,
either accept the voluntary surrender of the right by the claimant, with or
without conditions, or pass an order for the continuance of the exercise of
such right, subject to such conditions as may be agreed upon between the Forest
Department and the claimant or in default of such agreement, as the Forest
Settlement Officer, may impose. (4)
Where the claim admitted relates to a right of pasture or to
forest produce, the Forest Settlement Officer shall, either accept the
voluntary surrender of such right or pass an order, providing for the exercise
of such right, if any, subject to such conditions or restrictions as he may
impose, or directing the exclusion of the land of sufficient extent, of a
suitable kind, and in a locality reasonably convenient to the claimant, by
altering the limits of the proposed reserved forest. (5)
In the order passed under sub-section (4) the Forest Settlement
Officer shall record, as far as practicable, the number and description of the
cattle which the claimant is from time to time, entitled to graze, the local
limits within which, and the seasons during which, such pasture is permitted,
or the quantity of timber or other forest produce which the claimant is
authorised to take or receive, the local limits within which, the seasons
during which, and the mode in which , the taking or receiving such produce is
permitted, and such other particulars as may be required in order to define the
extent of the right which is continued and the mode in which it may be
exercised. (6)
A copy of every order passed under this section shall be furnished
to the claimant by the Forest Settlement Officer and another copy shall be
forwarded to the Forest Officer, if any, representing the Forest Department
under sub-section (3) of Section 4 or where no such officer is appointed, to
the Divisional Forest Officer. Where the Forest Settlement
Officer finds it impossible, having due regard to the maintenance of the
reserved forest, to make such settlement under Section 11 as shall ensure the
continued exercise of the said rights to the extent so admitted, he shall
direct the Forest Department to pay compensation as determined on the basis of
the value of such right on the date of notification under Section 4, in
accordance with the provisions of the Land Acquisition Act, 1894, in so far as
such provisions are applicable. (1)
Where a claim is rejected wholly or in part, the claimant may,
within ninety days from the date of the order under sub-section (1) of Section
10 and within Sixty days from the date of the order under sub-section (1) of
Section 11, prefer an appeal to the District Court having jurisdiction in
respect of such rejection only. (2)
Where a claim is admitted under Section 10 or Section 11 in the first
instance wholly or in part and where such claim does not related to the
acquisition of any land under the Land Acquisition Act, 1894, a like appeal ,
subject to the same period of limitation and subject to the same conditions,
may be preferred to the District Court having jurisdiction on behalf of the
Government by the forest officer or other person, generally or specially
empowered by the Government in this behalf. (3)
Every order passed on appeal under this section shall be final. (4)
Where the District Court, on appeal, decides that the claim or
such part thereof as has been rejected should be admitted, the Forest
Settlement Officer shall proceed to deal with it in like manner as if it has
been in the first instance admitted by himself. The Government or any
person who has made a claim under this Act may appoint any person to appear,
plead and act on their or his behalf in the course of any enquiry or other
proceeding under this Act. (1)
Upon the occurrence of the following events namely:- (2)
the period fixed under Section 6 for preferring of an objection or
a claim had elapsed, and every objection or claim made under that section was
disposed of by the Forest Settlement Officer; and (3)
?if any such claim was made,
the period limited by Section 13 for preferring an appeal from the order passed
on such claim had elapsed, and every appeal presented within such period was
disposed of by the appellate authority; and (4)
all proceedings mentioned in Section 10 were taken and all lands,
if any, to be included in the proposed forest, which the Forest Settlement
Officer had, under Section 10, elected to acquire under the Land Acquisition
Act, 1894, had become vested in the Government under Section 16 of that Act;the
Government may publish a notification specifying definitely according to the
boundary marks erected or otherwise, the limits of the forest which it is
intended to reserve and declaring the same to be reserved from a date to be fixed
by such notification and from the date so fixed, such forest shall be deemed to
be a reserved forest. (5)
Copies of the notification shall also be published in the District
Gazette, if any, and in the manner provided for the proclamation under Section
6. Rights in respect of which
no claim was preferred under Section 6 within the period fixed under that
section shall stand extinguished on the publication of the notification under
Section 15 unless, before the publication of the notification the person
claiming them has convinced the Forest Settlement Officer that he had
sufficient cause for not preferring such claim within that period in which case
the Forest Settlement Officer shall proceed to dispose of the claim in the
manner herein before provided. No right of any description
shall be acquired by any person in or over a reserved forest, except by
succession or under a grant or contract in writing made or entered into by or
on behalf of the Government or any person in whom such right was vested before
the publication of the notification under Section 15. (1) Notwithstanding
anything in this Act, no right continued under section 11 shall be alienated by
way pf grant, sale, exchange, lease or otherwise, without the sanction of the
Government: Provided that where any
such right is continued for the beneficial enjoyment of any land or building it may be
sold or otherwise alienated with such land or building, without such sanction. (2)
Any alienation of such right in contravention of this section
shall be null and void. (3)
Subject to the provisions of sub-section (1), no forest produce
obtained in exercise
of any right continued under section 11 shall be sold or exchanged except to
the extent provided by the order passed under sub-section (4) of section 11 in
respect thereof. (4)
Any person selling or exchanging any forest produce in
contravention of subsection (3) shall be punishable with fine which may extend
to one thousand rupees. The Divisional Forest
Officer may, from time to time with the previous sanction of the Government,
stop any public or private way or water course in a reserved forest where
reasonably convenient substitute for the way or water course so stopped already
exists or has been provided or constructed. (1)
Any person who ? (a)
contravenes the provisions of Clause (b) or sub-section (1) of
Section 7 (b)
sets fire to a forest notified to be reserved under Section 4 or
kindles in such forest any fire or leaves any fire burning in such manner as to
endanger such forest; (c)
in a reserved forest ? (d)
kindles, keeps or carried any fire, except at such season and
subject to such conditions as the Divisional Forest Officer may, from time to time,
specify in this behalf; (e)
trespasses, pastures cattle or allows cattle to trespass; (f)
causes any damage, either wilfully or negligently in felling or
cutting any trees or dragging any timber; (g) ?fells, girdles, lops, taps or burns any tree
or strips off the bark or leaves from, or otherwise damages the same; (h) quarries,
stones, burns lime or charcoal; (i) collects
or subjects to any manufacturing process, any forest produce; (j) clears or
breaks up or ploughs any land for cultivation or for any other purpose; (k) hunts,
shoots, fishes, poisons water or sets traps or snares; (l) damages,
alters or removes any wall, ditch embankment, fence, hedge or railing ; or (m)
removes any forest produce; (n)
abets any of the acts specified in Clauses (a), (b) and (c), shall
in addition to such compensation
for damages caused to the forests as the court may direct to be paid, be
punishable ? (o)
in every case where any of the acts aforesaid relates to
sandalwood or red-sanders wood with imprisonment for a term which shall not be
less than three months but which shall not exceed one year and with fine which
shall not exceed ten thousand rupees; (p)
?in any other case, with
imprisonment for a term which may extend to one year or with fine which may
extend to two thousand rupees or with both. (2)
Nothing in sub-section (1) shall be deemed to prohibit ? (a)
any act done in accordance with any rule made under this Act or
with the permission
in writing of the Divisional Forest Officer or of an officer authorized by him
to grant such permission ; or (b)
the exercise of any right continued under sub-section (3) or
sub-section (3) or
sub-section (4) of Section 11 or created by a grant or contract in the manner
described in section 17. (3)
Where a person contravenes the provisions of sub-clause (ii) or
sub-clause (vii) of clause (c) of sub-section (1) ? (i)
a forest officer not below the rank of a Ranger; (ii)
a police officer not below the rank of a Sub- Inspector; or (iii)
a revenue officer not below the rank of a Deputy Tahsildar;may
evict the person from the forest or the land, pertaining to which the
contravention has taken place and remove any building or other construction or
anything grown or deposited on it; Provided that before taking
any action under this sub-section, the officer concerned shall given an
opportunity to the person affected to make any representation against the
action proposed. (4) Where any
agricultural or other crop is grown on the land in contravention of sub-clause
(vii) of clause (c) if sub-section (1) or any building or other construction is
put up on such land, any such crop, building or other construction shall be
liable to confiscation by an order of the Divisional Forest Officer; Provided that before making
any order under this sub-section, the Divisional Forest Officer shall give an
opportunity to the person affected to make a representation against the order
proposed to be made. Where fire is caused
wilfully or negligently by any person or persons in a reserved forest or any
portion thereof, the Government may direct that in such forest or portion
thereof, the exercise of all rights of pasture or to forest produce shall be
suspended for such period as they think fit. (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; andevery person who is employed by any such
person in such forest; andevery village officer or person in any village
contiguous to such forest who is employed by the Government;shall be bound to
furnish without delay to the nearest forest officer or police officer-
in-charge of the nearest police station any information he may possess
respecting the occurrences of a fire in, or near, such forest, or the
commission for or intention to commit any forest offence; and shall forthwith
take steps, whether so required by the forest officer or police officer or not
? (a)
to extinguish any such fire of which he has knowledge or
information; (b)
to prevent any such fire from spreading and shall assist any
forest officer or police officer demanding his aid ? (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)
Whoever, without lawful excuse, falls to comply with the
provisions of sub section
(1) 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. (1) The
Government may, by notification, direct that from a date to be fixed by such
notification any reserved forest or any portion thereof shall cease to be
reserved.a. 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. (1)
The Government may, by notification, declare any forest or waste
land which is the property of the Government or which is placed under their
control for management and which is not included in a reserved forest, to be a
protected forest and, on such declaration, the provisions of this Chapter shall
apply to such protected forest. (2)
No such notification shall be made in respect of any land unless
the nature and extent of the
rights of the Government and of private persons in or over such land have been
inquired into and recorded at a survey of settlement, or in such other manner
as may be prescribed and every such record shall be presumed to be correct
until the contrary is proved: Provided that, where in the
case of any land, the Government consider that such inquiry and record are
necessary, but that the completion thereof will occupy such length of time, as
in the meantime, to endanger the rights of the Government, the Government may,
pending such inquiry and record, declare such land to be protected forest but
such declaration shall not affect or abridge any existing rights of individuals
or communities. (1)
Where fire is caused wilfully or negligently by any person in any
protected forest or a portion thereof, the Government may direct that such
forest or portion thereof be closed against pasture for such period as they
think fit. (2)
Whoever pastures cattle or allows cattle to trespass in protected
forest closed against pasture under this section shall be punishable with
imprisonment for a term which may extend to three months, or with fine which
may extend to five hundred rupees or with both. (1)
The Government may, by notification:- (a)
declare any trees or class of trees in a protected forest to be
reserved from a date fixed by the notification; (b)
prohibit from a date fixed as aforesaid the quarrying of stone, or
the burring of lime or charcoal or the collection or subjection to any
manufacturing process or removal of, any forest produce in any such forest and
the breaking up or clearing for cultivation, for building, for herding cattle
or for any other purpose, of any such forest. (2)
A translation into the main language of the locality of every
notification issued under this section shall be caused to be affixed in a
conspicuous place in every town and village in the neighbourhood of the
protected forest comprised in the notification. (1)
Subject to all rights now vested in individuals and communities by
law or custom or usage having the force of law, the Government may make rules
to regulate the use of the pasturage or of the natural produce of any protected
forest; and such rules may with respect to such forests- (a)
regulate the occupation, clearing, ploughing or breaking up of
land for cultivation or other purposes; (b)
regulate or prohibit the kindling of fire and provide for the
precautions to be taken to prevent and spreading of fire. (c)
regulate the cutting, sawing, conversion and removal of trees and
timber and the collection and removal of natural produce; (d)
regulate the quarrying of stone, the boiling of catechu to the
burning of lime or charcoal; (e)
regulate or prohibit the cutting of grass or the pasturing of
cattle and regulate the payments, if any, to be made for such cutting or
pasturing; (f)
regulate the sale or free grant of timber or other natural
produce; (g)
specify the fees, royalties, or other payments for such timber or
other natural produce and the manner in which such fees, royalties or other
payments shall be levied. (2)
Whoever contravenes any rule made sub-section (1) shall be
punishable ? (a)
in every case where such contravention relates to sandalwood or
red sanders wood, with imprisonment for a term which shall not be less than
three months but which shall not exceed one year and with fine which shall not
exceed ten thousand rupees; (b)
in any other case, with imprisonment for a term which may extend
to six months or with fine which may extend to two hundred rupees or with both. (3)
The Government may, by notification and for reasons to be recorded
in writing, exempt any person or class of persons belonging to the Scheduled
Tribes from the operation of all or any of the rules made under this section. The Government may, by
notification, direct that from a date to be fixed by such notification, any
protected forest or any portion thereof shall cease to be a protected forest. (Note: Applicable to
Scheduled Areas) In this Chapter, unless the
context otherwise requires- (a)
?forest? includes waste or communal land containing tree growth
and shrubs, pasture land and any other class of land declared, by the
Government in this behalf by notification in the Andhra Pradesh Gazette,
to be forest (b)
?owner? in relation to a forest includes a mortgagee, lessee or
other person having right to possession and enjoyment of the forest (c)
?person? includes Hindu undivided family, (d)
?District Collector? means the Collector of the District concerned
and includes any officer appointed by the State Government by a notification to
exercise and perform such of the powers and functions of a District Collector
under this Act, as may be specified in such notification. (1) (a) No
owner of any forest shall without the previous sanction of the District
Collector sell, mortgage, lease or otherwise alienate the whole or any portion
of the forest or the forest produce. Provided that any Power of
Attorney or Authority Letter or Bond, or similar Deed executed or a contract
licence or any other transaction entered into before or after the 1st day of
January, 1970 by a land owner in favour of or with a person to act on his
behalf or to do any job under this Chapter or rules made thereunder shall be
null and void. Explanation:- Nothing in
this sub-section shall be construed as preventing the owner from selling or
otherwise dealing with the right to gather and remove forest produce, other
than trees timber,in the usual or customary manner. (b) Any alienation, made in
contravention of clause(a),shall be null and void (2) No owner
of any forest shall,without the previous permission of the District
Collector,cut trees or do any act likely to denude the forest or diminish its
utility as a forest: Provided that nothing in
this sub-section shall apply to the removal of dead or fallen trees or to do
anything for the usual or customary domestic purposes or for making
agricultural implements. Provided further that no
such permission shall be granted in a year to cut trees of the value exceeding
Rs.5,000/- unless the District Collector is satisfied that the value of the
trees proposed to be cut exceeding the limit is necessary to meet urgent
expenses of such owner. (3) Notwithstanding
anything in sub-section(1) or sub-section(2),the Government may exempt any
forest or class of forests or class of trees grown therein from all or any of
the provisions of this section. Any person aggrieved by an
order made under Clause(a) of sub-section(1) of Section 28B or under
sub-section(2) of that section in regard to the sanction or permission referred
in that clause or sub-section may within two months of the date of
communication of such order, prefer an appeal in writing to the Government; and
the Government shall pass such orders on appeal as they may think fit. If, in opinion of the
Government, it is necessary for the preservation of a forest or forests, they
may, by notification in Andhra Pradesh Gazette ? (1)
Prohibit or regulate the doing of any act likely to be detrimental
to the preservation of such forest or forests (2)
Regulate the exercise of customary or prescriptive rights in such
forest or forests (1)
Whoever contravenes the provisions of sub-section(1) or
sub-section(2) of Section 28B or any of the terms of a notification under
Section 28D shall be punished with imprisonment which may extend to two years
or with fine which may extend to five thousand rupees or with both. (2)
No prosecution shall be instituted against any person without the
sanction of the District Collector. No order of the Government
or the District Collector under this Chapter and no notification issued by the
Government under Section 28D shall be liable to be questioned in any Court. (1)
The Government may, by notification in the Andhra Pradesh Gazette,
make rules for carrying out the purposes of this Chapter. (2)
Without prejudice to the generality of the foregoing power, such
rules may provide for- (3)
the classes or kinds of tree growth which may be permitted to be
cut and the girth of such trees; (4)
the terms and conditions subject to which sanctions or permissions
may be granted; (5)
the procedure to be followed by the District Collector before
granting sanctions or permissions. The Government may make
rules to regulate- (i)
the floating of timber in the rivers in the State and the transit
of timber and other forest produce by land or water; (ii)
the possession of teak wood of such value as may be specified in
this behalf, or red-sanders wood by any person residing in any village within a
radius of fifteen kilometres of such reserved forest as may be specified in
this behalf. (iii)
In particular and without prejudice to the generality of the
foregoing power, such rules may- (iv) specify
the routes by which alone timber or other forest produce may be imported,
exported or moved into, from or within the State; (v) prohibit
the import or export or moving of such timber or other forest produce without a
permit from a forest officer duly authorised to issue the same, or otherwise
than in accordance with the conditions of such permit, or in the case of
timber, without a transit-mark affixed by such officer; (vi) provide
for the issue, production and return of such permit or in the case of timber,
for affixing of transit-mark and for the payment of the fees therefor; (vii) provide
for the stoppage, reporting, examination and marking of timber or other forest
produce in transit in respect of which there is reason to believe that any
money is payable to the Government on account of the price thereof, or on
account of any duty, fee, royalty, or charge due thereon or to which it is
desirable for the purpose of this Act to affix a mark; (viii) provide
for- (ix)
the establishment and regulation of depots and stations to which
such timber or other
forest produce shall be taken by those in-charge of it for examination, or for
the payment of such money or in order that such marks may be affixed to it, the
conditions under which such timber or other forest produce shall be brought to,
stored at and removed from such depots or stations; (x)
the setting up of a check-post or the erection of a barrier or
both at such places as
the Government may specify with a view to prevent or check the carrying of
smuggled forest produce; and (xi)
the management and control of such depots, stations, check- posts
or barriers and for
regulating the appointment and duties of persons employed thereat; (xii) prohibit
the closing up or obstructing of the channel or banks of any river used for the
transit of timber or other forest produce and throwing of grass, brushwood,
branches or leaves into any such channel or river or any act which may cause
such channel or river to be closed or obstructed. (xiii) Provide
for the prevention or removal of any obstruction of the channel or banks of any
such river and for recovering the cost of such prevention or removal from the
person whose act or negligence caused such obstruction: (xiv) prohibit
absolutely or subject to conditions in the entire State of Andhra Pradesh or
within such local limits as may be specified, the establishment of pits or
machinery for sawing, converting, cutting, burning, concealing or marking of
timber, the altering or effacing of any marks on the same, of the possession or
carrying of hammers or other implements used for making timber; (xv)
regulate the use of property marks for timber and the registration
of such marks, declare the circumstances in which the registration of any
property marks may be refused or cancelled; prescribe the time for which such
registration shall hold good, limit the number of such marks that may be
registered by any one person and provide for the levy of fees for such
registration; (xvi) provide
for the maintenance of accounts in respect of all classes of sandalwood and
red-sanders wood stored in private lands, depots, markets or factories, for
industrial or commercial purposes; (xvii) provide
for the protection of bridges, locks or other public works by regulating the
floating of timber and the storing of such timber or other forest produce on
river banks and authorising the seizure of such timber or other forest produce
floated or stored in contravention of such rules or by which any damage to such
work may have been caused and the detention and disposal of such timber or
other forest produce until compensation has been made for the damage done. (xviii)
The Government may, by notification, direct that any rule made
under this section shall not apply to such classes of timber or other forest
produce or to such local area, as may be specified by them. (xix) Whoever
contravenes any rule made under this section shall be punishable- (xx)
in every case, where such contravention relates to sandal-wood or
red-sanders wood, with
imprisonment for a term which shall not be less than three months but which
shall not exceed one year and with fine which shall not exceed ten thousand
rupees; (xxi) in any
other case, with imprisonment for a term which may extend to one year or with fine which may extend to
two thousand rupees or with both. (xxii) If an
offence under this section is committed, after sunset and before sunrise or
after preparation for resistance to lawful authority or where the offender has
been previously convicted of a like offence, the Magistrate having jurisdiction
may inflict double the penalty prescribed for such offence. The Government shall not be
responsible for any loss or damage which may occur in respect of any timber or
other forest produce while at a depot or station established under a rule made
under Section 29 or while detained elsewhere for the purpose of this Act; and
no forest officer shall be responsible for any such loss or damage unless he
causes such loss or damage negligently, wilfully,maliciously or fraudulently. Where any accident or
emergency involving danger to any property at any depot or station referred to
in Section 30 occurs, every person employed at such depot or station shall
render assistance
to any forest officer or police officer demanding his aid in preventing or
mitigating the damage or loss to such property. No person shall have in his
possession any quantity of sandalwood in excess of ten kilograms, except under
a licence granted by the Divisional Forest Officer in that behalf, and except
such sandalwood as is marked by a forest officer in such manner as may be
prescribed; Provided that the
Divisional Forest Officer may, by order, refuse to grant or renew licence to
any applicant or licensee in respect of whom he is satisfied that by reason of
his conviction of an offence under this Act or the rules made thereunder, or
the previous cancellation or suspension of any licence granted thereunder or
the contravention of any of the requirements as to the possession of
sandalwood, or for any other ground that may be prescribed, he is not a fit
person to whom a licence may be granted or renewed under this section, and
every such order shall be communicated as soon as may be, to the applicant or
the licensee, as the case may be. The Government may make
rules to provide for- (a)
the form and manner in which application for licence may be made; (b)
the terms and conditions which may be included in any licence and
the fees for the grant of such licence; (c)
the grant of duplicate licence and the renewal of licence and fees
for the same. The Divisional Forest
Officer may, after recording the reasons therefor, cancel or suspend any
licence granted under this Chapter, if he is satisfied that the licensee has
contravened, or failed to comply with, any of the provisions of this Act or the
rules made thereunder or any of the terms or conditions of the licence, after
giving the licensee an opportunity of making a representation against the
action proposed to be taken. (1)
Any person aggrieved by the decision of the Divisional Forest
Officer, refusing to grant or renew or cancelling or suspending a licence under
this Chapter may, within such time as may be prescribed, appeal to the
Conservator of Forests who may make such order as he deems fit, after recording
the reasons therefor. (2)
Any person aggrieved by an order of the Conservator of Forests in
appeal preferred under sub-section (1) may, within such time as may be
prescribed, prefer a second appeal to the Chief Conservator of Forests who may
make such order as he deems fit, after recording the reasons therefor. Whoever, in contravention
of the provisions of this Chapter or of any rule made or licence granted
thereunder possesses sandalwood, shall be punishable with imprisonment for a
term which shall not be less than three months but which shall not exceed one
year and with fine which shall not exceed ten thousand rupees.
Preamble - ANDHRA PRADESH FOREST ACT, 1967PREAMBLE