INDIAN FOREST ACT, 1927 (Amended Upto 2023)

THE INDIAN FOREST ACT, 1927[1]

[Act, No. 16 of 1927]

[21st September, 1927]

PREAMBLE

An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce.

Whereas it is expedient to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce; It is hereby enacted as follows:-

CHAPTER I PRELIMINARY

Section 1 - Short title and extent

(1)     This Act may be called the Indian Forest Act, 1927.

[2][(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.

(3)   It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force in the whole or any specified part of that State to which this Act extends and where it is not in force. ]

[STATE AMENDMENTS

[Haryana

[3][In Section 1

the words "or other forest produce" shall be inserted, and the words "not grown on, lands belonging to or in the occupation of private persons" shall be omitted.]]]

(1)     After sub-section (2), the following sub-section shall be inserted, namely :- 

"(2A) Notwithstanding anything contained in sub-section (2), it also extends to the territories which before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union"; and

(2)     in sub-section (3), after the word. "Orissa", the words "Patiala and East Punjab States Union" shall be inserted.]

[Himachal Pradesh

[4][In Section 1

The following sub-section shall be inserted, namely:-

"(2-A) Notwithstanding anything contained in sub-section (2), it also extends to such territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union, and have since merged with Himachal Pradesh under section 5 of the Punjab Re-organization Act 1966 (31 of 1966)."]

[Gujarat

[5] [In Section 1

(i)       to sub-section (2), the following proviso shall be added, namely :—

"Provided that on the commencement of the Indian Forest Gal.(Gujarat Unification and Amendment) Act 1960 (Guj. XV of 1960), this Act shall also extend to the Saurashtra area of the State of Gujarat";

(ii)      to Sub-section (3), the following proviso shall be added, namey :—

"Provided that on the commencement of the India Forest (Gujarat Unification and Amendment) Act 1960 (Guj. XV of 1960), this Act shall come into force in the Saurashtra area of the State of Gujarat";.]

[Maharashtra

[6] [In Section 1

(i)       to sub-section (2), after the words and letter “Part B States”, the words “other than the Hyderabad area of the State of Maharashtra” shall be added;

(ii)      to sub-section (3), the following proviso shall be added namely :-

“Provided that, on the commencement of the Indian Forest (Maharashtra Unification and Amendment) Act, 1960, this Act shall be in force in the Hyderabad area of the State of Maharashtra.”]]]

Section 2 - Interpretation clause

In this Act, unless there is anything repugnant in the subject or context,-

[7] [(1) "authorised officer" means an officer authorized under sub-section (2) of section 52;

(1A) "cattle" include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids;

(1B) "forest based industry" means an industry or unit in which any forest produce is used as raw material or as a source of energy;]

(2)  "Forest-officer" means any person whom 1[***] the 2[State Government or any office empowered by [***] the State Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or may rule made thereunder to be done by a Forest-officer;

(3)  "Forest-offence" means an offence punishable under this Act or under any rule made thereunder;

[8] [(4) "forest-produce" includes--

(a)      timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchellaspp), Aconitum spp, Podophyllumspp, Picrorhizaspp, Trillium spp, Nardostachysspp, Taxusspp, Valerianassp, Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not; and

(b)      the following when found in, or brought from, a forest, namely:--

(i)       trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a);

(ii)      plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants;

(iii)     silk, cocoons, honey and wax; and

(iv)    peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries);]

[9] [(4A) "owner" includes a Court of Wards in respect of property under the superintendency or charge of such Court;]

(5) "river" includes any stream, canal, creek or other channels, natural or artificial;

[10] [(5A) "saw mill" means any plant and machinery with which and the premises (including the precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or mechanical power;]

(6)   "timber" includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and

[11] [(6A) "transporter" includes a person, a private agency, a Government Department, Corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person;]

(7) "tree" includes palms, [12] [***], stumps, brush-wood and canes.

[13] [(8) "wild animal" shall have the same meaning as assigned to it in the Wild Life (Protection) Act, 1972.]

[GUJARAT

[14][After Section 2

The Following clause shall be inserted namely:- 

"2A Construction of certain references or Bombay Act

In the application of this Act to any area of the State of Gujarat other than Bombay area any reference to a provision of central or Bombay Act shall, where no such Act  is in force in that area be constructed as a reference to the provision of the corresponding law, if any, in force in that area.";]

[Jharkhand

[15] [In Section 2

The following shall be substituted, namely:-

"(4A) "owner" includes-

(1)     the Court of wards constituted under the Court of Wards Act, 1879, or the Central Provinces Court of Wards Act, 1899 in respect of any property under the superintendence or charge of either of such Courts.

(2)     a Manager appointed under section 2 of the Chota Nagpur Encumbered Estates Act, 1876, in respect of any property, the management of which is vested in such Manager."]

[Madhya Pradesh

[16] [In Section 2

(i)       in sub-clause (a), after the word "lac", the words "shellac, gum," shall be inserted; and

(ii)      after item (iv) of sub-clause (b), the following item shall be inserted, namely:--

"(v) Standing agricultural crops;".]

[Maharashtra

[17] [In Section 2

In sub-clause (a) of clause (4), for the words “rosha grass, rauwolfiaserpentina” the words “rosha grass including oil derived therefrom, rauwolfiaserpentina” shall be substituted.]

[18] [In Section 2

In clause (4C), for the words and figures "the Bombay Land Revenue Code, 1879, or, where that Code is not in force, as defined in a law corresponding to that Code;" the words and figures "the Maharashtra Land Revenue Code, 1966;" shall be substituted.]

[19] [In Section 2

After clause (4A), the following clauses shall be inserted namely :-

“(4B) “Police Officer” means a Police Officer defined in the Bombay Police Act, 1951;

(4C) ‘Revenue Officer’ means a Revenue Officer as defined in the Bombay Land Revenue Code, 1879, or where that Code is not in force, as defined in a law corresponding to that Code;”.]

[20] [After Section 2

The following section shall be inserted namely :-

“2A. Construction of certain references to Central or Bombay Acts.-

In the application of this Act to any area of the State of Maharashtra other than the Bombay area thereof, any reference to a provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area.”.]

[Uttaranchal

[21] [In Section 2

The following clause shall be inserted, namely:--

'2-A. "authorised officer" means an officer authorised under sub-section (1) of Section 52-A.'.]

[Uttar Pradesh

[22] [In Section 2

For clause (1) the following clause shall be substituted, namely:--

"(1) "authorised officer" means an officer authorised under subsection (1) of section 52-A;

(1-A) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;".]

[West Bengal

In Section 2

(a)      in clause (4),—

[23] [(i) in sub-clause (a), for the words "and myrobalans," the words, ",myrobalans, gum, sal seeds, sal leaves, kend leaves, wild animals, skins, tusks, horns and bones, and all other parts or produce of wild animals," shall be substituted,]

[24] [(ii) in sub-clause (b), in item, (iii),—

(a)      the words "wild animals and skins, tusks, horns, bones," shall be omitted,

(b)      the words "and all other parts or produce of animals," shall be omitted;

(b)      in clause (6), the word "and" at the end shall be omitted;]

[25] [(c) in clause (7), for the words "and canes.", the words "and canes, and" shall be substituted;]

[26] [(d) after clause (7), the following clause shall be inserted:—

'(8) "wild animal" shall have the same meaning as in the Wild Life (Protection) Act, 1972.'.]]]

CHAPTER II OF RESERVED FORESTS

Section 3 - Power to reserve forests

The [27] [State Government] may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.

[STATE AMENDMENTS

[Uttar Pradesh

[28] [In Section 3

For section 3, 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)."]

Section 4 - Notification by [State Government][29]

(1)     Whenever it has been decided to constitute any land a reserved forest, the [30] [State Government] shall issue a notification in the [31] [Official Gazette] –

(a)      declaring that it has been decided to constitute such land a reserved forest;

(b)      specifying, as nearly as possible, the situation and limits of such land; and

(c)      appointing an officer (hereinafter called "the Forest Settlement-officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.

Explanation.-For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.

(2)     The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.

(3)     Nothing in this section shall prevent the [32] [State Government] from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.

Section 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 [33] [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 except in accordance with such rules as may be made by the [34] [State Government] in this behalf.

[STATE AMENDMENTS

[Uttar Pradesh

[35] [In Section 5

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."]

Section 6 - Proclamation by Forest Settlement-officer

When a notification has been issued under section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation—

(a)      specifying, as nearly as possible, the situation and limits of the proposed forest;

(b)      explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and

(c)      fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.

Section 7 - Inquiry by Forest Settlement-officer

The Forest Settlement-officer shall take down in writing all statements made under section 6, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.

Section 8 - Powers of Forest Settlement-officers

For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:—

(a)      power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and

(b)      the powers of a Civil Court in the trial of suits.

Section 9 - Extinction of rights

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 7, shall be extinguished, unless before the notification under section 20 is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6.

Section 10 - Treatment of claims relating to practice of shifting cultivation

(1)     In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement-officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the State Government, together with his opinion as to whether the practice should be permitted or prohibited wholly or in part.

(2)     On receipt of the statement and opinion, the [36] [State Government] may make an order permitting or prohibiting the practice wholly or in part.

(3)     If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise-

(a)      by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or

(b)      by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice shifting cultivation therein under such conditions as he may prescribe.

(4)     All arrangements made under sub-section (3) shall be subject to the previous sanction of the [37] [State Government] .

(5)     The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the [38] [State Government]

Section 11 - Power to acquire land over which right is claimed

(1)     In the case of a claim to a right in or over any land, other than aright of way or right of pasture, or a right to forest-produce or a water-course, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.

(2)     If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—

(i)       exclude such land from the limits of the proposed forest; or

(ii)      come to an agreement with the owner thereof for the surrender of his rights; or

(iii)     proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of   1894).

(3)     For the purpose of so acquiring such land—

(a)      the Forest Settlement-officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894);

(b)      the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of that Act;

(c)      the provisions of the preceding sections of that Act shall be deemed to have been complied with; and

(d)      the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money.

[STATE AMENDMENTS

[Uttar Pradesh

[39] [In Section 11

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."]

Section 12 - Order on claims to rights of pasture or to forest-produce

In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.

[STATE AMENDMENTS

[Gujarat

[40] [In Section 12

The Following clause shall be inserted namely:-

"(2) A copy of the order passed under sub-section (1) shall be furnished to the claimant by the Forest Settlement Officer and another copy of that order shall be forwarded to the Forest Officer who attended the inquiry or, if no such Officer attended, to the Divisional Forest Officer." ;]

[Maharashtra

[41] [In Section 12

Section 12 shall be renumbered as sub section (1) of that section, and after the sub-section so renumbered, the following sub-section shall be inserted, namely :-

“(2) A copy of the order passed under sub-section (1) shall be furnished to the claimant by the Forest Settlement Officer, and another copy of that order shall be forwarded to the Forest Officer who attended the inquiry, or if no such Officer attended, to the Divisional Forest Officer.”]]]

Section 13 - Record to be made by Forest Settlement-officer

The Forest Settlement-officer, when passing any order under section 12, shall record, so far as may be practicable,—

(a)      the name, father's name, caste, residence and occupation of the person claiming the right; and

(b)      the designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed.

Section 14 - Record where he admits claim

If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.

Section 15 - Exercise of rights admitted

(1)     After making such record the Forest Settlement-officer shall, to the best of his ability, having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.

(2)     For this purpose the Forest Settlement-officer may-

(a)      set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or

(b)      so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or

(c)      record an order, continuing to such claimants a right of pasture or to forest-produce, as the case may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the [42] [State Government.]

Section 16 - Commutation of rights

In case the Forest Settlement-officer finds it impossible having due regard to the maintenance of the reserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the [43][ State Government] may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.

Section 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 [44] [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 such officer of the Revenue Department, of rank not lower than that of a Collector, as the [45] [State Government] may, by notification in the [46] [Official Gazette] , appoint to hear appeals from such orders:]

Provided that the [47] [State Government] may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the [48] [State Government] , and when the Forest Court has been so established, all such appeals shall be presented to it.

[STATE AMENDMENTS

[Uttar Pradesh

[49] [In Section 17

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."]

Section 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 authority competent to hear the same.

(2)     If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue.

(3)     If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.

(4)     The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the [50] [State Government] , be final.

[STATE AMENDMENTS

[Uttar Pradesh

[51] [In Section 18

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."]

Section 19 - Pleaders

The [52] [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 appellate officer or Court, in the course of any inquiry or appeal under this Act.

[STATE AMENDMENTS

[Uttar Pradesh

[53] [In Section 19

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."]

Section 20 - Notification declaring forest reserved

(1)     When the following events have occurred, namely:-

(a)      the period fixed under section 6 for preferring claims have elapsed and all claims (if any) made under that section or section 9 have been disposed of by the Forest Settlement-officer;

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

(c)      all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act, the [54] [State Government] shall publish a notification in the [55] [Official Gazette] , specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.

(2)     From the date so fixed such forest shall be deemed to be a reserved forest.

[STATE AMENDMENTS

[Madhya Pradesh

[56] [After Section 20

The following section shall be inserted, namely:--

"20.-A. Forest land or waste land deemed to be reserved forests

(1)     Notwithstanding anything contained in this Act or any other law for the time being in force, any forest land or waste land in the territories comprised within an Indian State immediately before the date of its merger in any of the integrating States now forming part of this State (hereinafter in this section referred to as the "merged territories"),--

(i)       which had been recognised by the Ruler of any such State immediately before the date of merger as a reserved forest in pursuance of any law, custom, rule, regulation, order or notification for the time being in force; or

(ii)      which had been dealt with as such in any administration report or in accordance with any working plan, or register maintained or acted upon immediately before the said date and has been continued to-be so dealt with thereafter; shall be deemed to be reserved forests for the purposes of this Act.

(2)     In the absence of any rule, order or notification under this Act, applicable to the area in question, any law, custom, rule, regulation, order or notification mentioned in sub-section (1) shall, anything in any law to the contrary notwithstanding, be deemed to be validly in force, as if the same had the force and effect of rules, orders and notifications made under the provisions of this Act and shall continue to so remain in force until superseded, altered or modified in accordance therewith

(3)     No report, working plan, or register as aforesaid or any entry therein shall be questioned in any court of law; provided that the State Government have duly certified that such report, working plan, or register had been prepared under the authority of the said Ruler before the date of the merger, and has been under the authority of the State Government continued to be recognised, maintained or acted upon thereafter.

(4)     forest recognised in the merged territories as village forests or protected forests, or forests other than reserved forests, by whatever name designated or locally known, shall be deemed to be protected forests within the meaning of this Act and provisions of sub-sections (2) and (3) shall mutatis mutandis apply.

Explanation I--"Working Plan" includes any plan, scheme, project, maps, drawings and lay-outs prepared for the purpose of carrying out the operations in course of the working and management of forests.

Explanation II.--"Ruler" includes the Darbar administration prior to the date of the merger and "State Government" includes the successor Governments after the said date.

Explanation III--The expression "Indian State" shall have the meaning assigned to that expression in clause (15) of Article 366 of the Constitution of India.

Explanation IV--"Integrating States" means the States of Madhya Pradesh, Madhya Bharat, Rajasthan, Madhya Pradesh and Bhopal as existing before the 1st day of November, 1956".]

[Uttar Pradesh

[57] [In Section 20

For clause (b) of sub-section (1), 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".]

[58] [After Section 20

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 cattle 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."]

Section 20A – [Demarcated forests deemed to be reserved forests

(1)     Notwithstanding anything contained in this Act or any other law for the time being in force, any forest which has been notified as a demarcated forest under the erstwhile Jammu and Kashmir Forest Act, 1987 (1930 A.D.), prior to the appointed day notified under the Jammu and Kashmir Reorganization Act, 2019, shall be deemed to be a reserved forest under this Act.

(2)     All questions decided, orders issued and records prepared in connection with the constitution of such forest as demarcated forests shall be deemed to have been decided, issued and prepared under this Act, and the provisions of this Act relating to reserved forests shall apply to forest to which the provision of sub-section (1) are applicable.][59]

Section 21 - Publication of translation of such notification in neighbourhood of forest

The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.

Section 22 - Power to revise arrangement made under section 15 or section 18

The [60] [State Government] may, within five years from the publication of any notification under section 20, revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modify any 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.

[STATE AMENDMENTS

[Uttar Pradesh

[61] [In Section 22