INDIAN FOREST ACT, 1927 (CHHATTISGARH AMENDMENT)

Section 26 - Acts prohibited in such forests

(1)     Any person who-

(a)    makes any fresh clearing prohibited by section 5, or

(b)    sets fire to a reserved forest, or, in contravention of any rules made by the [1] [State Government] in this behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest; or who, in a reserved forest-

(c)    kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf;

(d)    trespasses or pastures cattle, or permits cattle to trespass;

(e)   causes any damage by negligence in felling any tree or cutting or [2] [dragging or removing] any timber;

(f)     fells, girdles, lops, or burns any tree or strips off the bark or leaves from, or otherwise damages, [3] [the same or any forest produce];

(g)    quarries stone, burns lime or charcoal, or collects, subjects to any manufactur?ing process, or removes, any forest-produce;

[4] [(h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose;]

(i)???? in contravention of any rules made in this behalf by the [5] [State Government] hunts, shoots, fishes, poisons water or sets traps or snares; or] hunts, shoots, fishes, poisons water or sets traps or snares; or

(j)??? in any area in which the Elephants' Preservation Act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made, shall be punishable with imprisonment for a term which may extend to [6] [two years, or with fine which may extend to twenty five thousand rupees,] or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.

(2)     Nothing in this section shall be deemed to prohibit-

(a)    any act done by permission in writing of the Forest-officer, or under any rule made by the [7] [State Government] ; or

(b)    the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created by grant or contract in writing made by or on behalf of the Government under section 23.

 

(3)   Whenever fire is caused willfully or by gross negligence in a reserved forest, the [8] [State Government] may (notwithstanding that any penalty has been inflicted under this section) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.

[STATE AMENDMENTS

CHHATTISGARH

[9] [In sub-section (1) of Section 26 of the Principal Act, for the words "one thousand rupees" the words "ten thousand rupees" shall be substituted.]

Section 33 - Penalties for acts in contravention of notification under section 30 or of rules under section 32

(1)     Any person who commits any of the following offences, namely:?

(a)    fells, girdles, lops, taps or bums any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree;

(b)    contrary to any prohibition under section 30, quarries any stone, or bums any lime or charcoal or collects, subjects to any manufacturing process, or removes any forest-produce;

(c)    contrary to any prohibition under section 30, breaks up or clears [10] [or attempts to break-up or clear] for cultivation or any other purpose any land in any protected forest; 

(d)    sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing fallen or felled, or to say closed portion of such forest;

(e)    leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;

(f)     fells any tree or drags [11] [or removes] any timber so as to damage any tree reserved as aforesaid;

(g)    permits cattle to damage any such tree;

(h)    infringes any rule made under section 32,shall be punishable with imprisonment for a term which may extend to [12] [two years, or with fine which may extend to twenty-five thousand rupees], or with both.

(2)   Whenever fire is caused willfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.

[STATE AMENDMENTS

CHHATTISGARH

[13] [In sub-section (1) of Section 33 of the Principal Act, for the words "one thousand rupees" the words "ten thousand rupees" shall be substituted.]

Section 51 - Power to make rules and prescribe penalties

(1)   The State Government [14] [may, by notification in the Official Gazette, make rules] to regulate the following matters, namely:-

(a)    the salving, collection and disposal of all timber mentioned in section 45;

(b)    the use and registration of boats used in salving and collecting timber;

(c)    the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and

(d)    the use and registration of hammers and other instruments to be used for marking such timber.

[15] [(1A) Every rule made by the Sate Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

(2)    The [16] [State Government] may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to [17] [two years, or with fine which may extend to twenty-five thousand rupees], or both.

[STATE AMENDMENTS

CHHATTISGARH

[18] [In sub-section (2) of Section 51 of the Principal Act, for the words "one thousand rupees" the words "ten thousand rupees" shall be substituted,]

Section 52 - Seizure of property liable to confiscation and procedure thereof-

[19] [52. Seizure of property liable to confiscation and procedure thereof

(1)   When there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer.

(2)   Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the 'authorised officer'):

Provided that when the 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 officer makes, as soon as may be, a report of the circumstances to his official superior.

(3)   Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized.

(4)    No order confiscating any property shall be made under sub-section (3) unless the authorised officer,-

(a)    sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;

(b)    issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property;

(c)    affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and

(d)    gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose. 

(5)    No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of objects aforesaid for commission of forest offence.

(6)    Where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence:

Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction.

(7)    The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of the cattle.]

[STATE AMENDMENTS

CHHATTISGARH

[20] [(1) For sub-section (1) of Section 52 of the Principal Act, the following shall be substituted, namely.-

"(1) When there is reason to believe that a forest offence has been committed in respect of any reserved forest and protected forest or forest produce, the produce and all tools, boats, vehicles, ropes, chains or any other article used in committing such offence may be seized by any forest officer or police officer."

(2)?? After sub-section (5) of Section 52 of the Principal Act, the following shall be added, namely,-

"(6) The seized property shall continue to be under custody until confirmation of the order of the authorized officer by the Appellate Authority or until the expiry of the period for initiating 'suo moto' action by him whichever is earlier, as prescribed under Section 52-A.

(7) Where the authorized officer having jurisdiction over the case is himself involved in seizure or investigation, the next higher authority may transfer the case to any other officer of the same rank for conducting proceedings under this Section.]

[21] [In sub-section (2) and (6) of Section 52-A of the Principal Act, for the words "order confiscation" the words "order of the authorized officer" shall be substituted, respectively.]

Section 53 - Power to release property seized under section 52

[22] [Any forest officer of a rank not inferior to that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the offence or by the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made:

Provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the Magistrate having jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made.]

[STATE AMENDMENTS

CHHATTISGARH

[23] [For Section 53 of the Principal Act, the following shall be substituted, namely.-

"53. Power to release property seized under Section 52.-Any Forest officer of a rank not inferior to that of a Ranger, who, or whose sub-ordinate, has seized any tools, boats, vehicles or any other article under Section 52, may release the same, on the execution by the owner thereof, of a security, in a form as may be prescribed, of an amount equal to the value of such property, as estimated by such officer, for the production of the property so released, if and when so required, before the authorized officer under Section 52 or the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.]

Section 63 - Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks

Whoever, with intent to cause damage or injury to the public or (o any person, or to cause wrongful gain as defined in the Indian Penal Code?

(a)    knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person; or

(b)   alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or

(c)    alters, moves, destroys or defaces any boundary-mark of any forest or waste?land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term which may extend to two years, [24] [or with fine which may extend to twenty-five thousand rupees], or with both.

[STATE AMENDMENTS

CHHATTISGARH

[25] [In Section 63 of the Principal Act, for the words "shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both", the words "shall be punishable with imprisonment for a term which may extend to two years, or with fine which shall not be less than twenty five thousand rupees, or with both" shall be substituted.]

Section 66 - Power to prevent commission of offence

Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.

[STATE AMENDMENTS

CHHATTISGARH

[26] [After Section 66 of the Principal Act, the following shall be inserted.-

"66-A. Attempt or abetment of an offence.- Any person who attempts to contravene or abets the contravention of any provision of this Act or the rules made there under shall be deemed to have contravened such provisions or rules.]

Section 68 - Power to compound offences

68. Power to compound offences

[27] [(1) The Government may, by notification in the Official Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests-

(a)   to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed:

Provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence; and

(b)    when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause (a) of this sub-section, as estimated by such officer.

(2)?? On the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.]

[STATE AMENDMENTS

CHHATTISGARH

[28] [For Section 68 of the Principal Act, the following shall be substituted, namely.-

"68. Power to compound offences.-

(1)    The State Government may, be notification in the Official Gazette, empower a Forest-Officer.-

(a)   to accept from any person against whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in Section 62 or Section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and

(b)   when any property has been seized as liable to confiscation, to release the same at any time before an order of confiscation is passed by the authorised officer on payment of the value thereof as estimated by such officer.

(2)   On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceeding shall be taken against such person or property.

(3)   A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case be less than two times the value of the forest produce:

Provided that in case the forest produce in respect of which an offence has been committed is not the property of the Government or in case the value of the forest produce is less than one thousand rupees, the suspected person, may be discharged and the property (other than the forest produce), if any, seized may be released on payment of the sum often thousand rupees or the value of the seized property, whichever is less. The seized forest produce may be released only if it is not the property of the Government or on the payment of the value thereof, as the case may be.]

Section 71 - Power to alter fines fixed under that Act

The [29] [State Government] may, by notification in the [30] [Official Gazette] , direct that, in lieu of the fines fixed under section 12 of the Cattle-trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded under section 70 of this Act such fines as it thinks fit, but not exceeding the following, that is to say:-

STATE AMENDMENTS

CHHATTISGARH

[35] [For Section 71 of the Principal Act, the following shall be substituted, namely:-

"71. Power to alter fixed under that Act.- The State Government may, by notification in the Official Gazette, direct that, in lieu of the fines fixed under Section 12 of the Cattle-trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded under Section 70 of this Act, such fines as it thinks fit, but not exceeding the following, that is to say.-

Provided that the cost of maintenance of such cattle during the period of impoundment shall be recoverable at the prevailing rates as fixed by the Divisional Forest Officer, in addition to the fine.]

Section 77 - Penalties for breach of rules

Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may [36] [extend to two years or with fine which may extend to twenty five thousand rupees], or both.

STATE AMENDMENTS

CHHATTISGARH

[37] [In Section 77 of the Principal Act, for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted.]