INDIAN FOREST ACT, 1927 (JHARKHAND AMENDMENT)

Section 2 - Interpretation clause

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

[1] [(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 [2] [***] the [3] [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;

[4] [(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);]

[5] [(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;

[6] [(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

[7] [(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, [8] [***], stumps, brush-wood and canes.

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

[STATE AMENDMENTS

[Jharkhand

[10] [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."]

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 [11] [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 [12] [dragging or removing] any timber;

(f)     fells, girdles, lops, or burns any tree or strips off the bark or leaves from, or otherwise damages, [13] [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;

[14] [(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 [15] [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 [16] [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 [17] [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 [18] [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

[JHARKHAND

[19] [In Section 26

The words "shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damaged done to the forest as the convicting Court may direct to be paid" the following words, shall be substituted; namely:-

"Shall be punishable with imprisonment for a minimum-term of six months which may extend to two years or with minimum fine of one thousand rupees which may extend to five thousand rupees or with both in addition to such compensation as the Convicting Court may direct to be paid. The offence under this section shall be cognizable and non-bailable."]

[20] [In Section 26

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

"(3) Whenever in a reserved forest-

(a)   fire is caused willfully or by gross negligence, or

(b)    theft of forest produce occurs and such theft is, in the opinion of the 2 State Government on such a scale as to be likely to imperil the future yield of such forest.

the State Government may, notwithstanding, that any penalty has been inflicted under this section or under any other law for any act referred to in clause (a) or clause (b), direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest producer-shall, be suspended,

(i)    in the circumstances mentioned in clause (a), for such period as it thinks/fit.

(ii)    in the circumstances mentioned in clause-(b), for a period not exceeding four years.]

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 [21] [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 [22] [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 [23] [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

JHARKHAND

[24] [In Section 33

The words "shall be punishable with imprisonment for a term which, may extend to six months or with fine which may extend to five hundred rupees or with both" the following words shall be substituted, namely:-

"Shall be punishable with imprisonment for a minimum term of six months which may extend to two years or with minimum fine of one thousand rupees which may extend to five thousand rupees with both. The offence under this section shall be cognizable and non-bailable."]

[25] [In Section 33

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

"(2) Whenever in a protected forest-

(a)    fire is caused willfully or by gross negligence, or

(b)    theft of forest produce occurs and such theft is, in the opinion of the [26] [State] Government, on such a scale as to be likely to imperil the futures/yield of such forest.

the [27] [State] Government may, notwithstanding that any penalty has been inflicted under this section or under any other law for any act referred to in clause (a) or clause (b), direct that in such forest or any portion thereof the exercise of any right of pasture or to forest produce shall be suspended,

(i)     in the circumstances mentioned in clause (a), for such period as it thinks fit,

(ii)    in the circumstances mentioned in clause (&), for a period not exceeding four years."]

Section 42 - Penalty for breach of rules made under section 41

(1)   The [28] [State Government] may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to [29] [two years], or fine which may extend to [30] [twenty-five thousand rupees], or both.

(2)   Such rules may provide that penalties which are double of those mentioned in sub?section (1) may be inflicted in cases where the offence 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.

[STATE AMENDMENTS

[Jharkhand

[31] [In Section 42-

The following shall be substituted; namely:-

"42 Penalty for breach, of rules made under section 41.-- The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a minimum term of six months which may extend to two years or with minimum fine of one thousand rupees which may extend to five thousand rupees or with both. The offence under this section shall be cognizable and non-bailable."]

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

[32] [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

JHARKHAND

[33] [In Section 52

The following shall be substituted; namely:-

"5'2. Seizure and its procedure for the property liable for confiscation.--

(1)    When there is leaser to believe that a forest offence has been committed in respect of any forest produce, such produce, together with all tools, arms, boats, vehicles, ropes, chains or any other article used in committing any such offence, may be seized by any 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, either produce, the property seized before an officer not below the rank of the Divisional Forest Officer authorised by "the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or where it is, having regard to quantity of bulk or other genuine difficulty, not practicable to produce the property seized before the authorised-officer, or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure to the magistrate-having jurisdiction to try the offence on account of which the seizure has been made:

Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of 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 immediate superior.

(3)    Subject to sub-section (5), where the authorised officer upon production before him os property seized or upon receipt of report about seizure, as the case may be, 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, vehicles, ropes, chains or any other article used in committing such offence. The Magistrate having jurisdiction to try the offence concerned may, on the basis of the report of the authorised confiscating officer, cancel the registration of a vehicle used in committing the offence, the licence of the Vehicle-driver and the licence of the arms. A copy of order on confiscation shall be forwarded without undue delay to the Conservators of Forests of the forest-circle in which the forest produce, 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 about initiation of proceedings for confiscation of 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 appear to 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 hag been issued under clause (b), a hearing on date to be fixed for such purposes.

 

(5)     No order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes, chains or any other article (other than the 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, ropes, chains or other articles were used without his knowledge or convenience or as the case may be, without the knowledge or convenience of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest offence."]

[34] [After Section 52

The following new sections, shall be inserted, namely:-

"52A. Appeal against the order of confiscation.--Any person aggrieved by an order of Confiscation may, within thirty days of the order, or if the fact of such order has not been communicated to him within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such re payable in such form as may be prescribed, along with the certified copy of order of confiscation to the District Magistrate (hereinafter referred to as Appellate Authority) of toe District in which the forest produce hag been seized.

Explanation-

(1)    The time required for obtaining certified copy of order of confiscation shall he excluded while computing period of thirty days referred to in this sub-section.

(2)   The Appellate Authority referred to in section 52-A, may, where no appeal has been preferred before him, "suomotu" within thirty days of date of receipt of copy of order of confiscation by him, and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be, of "suomotu" action to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and may send for the record of the case:

Provided that no formal notice of appeal need be issued to such amongst the appellant, officer effecting seizure and any other person likely to be adversely affected as aforesaid as may waive the notice or as may be informed in any other manner of date of hearing of appeal by the Appellate Authority.

(3)    The Appellate Authority shall send intimation in Writing of lodging of appeal or about "suomotu" action, to the authorised officer.

(4)    The Appellate Authority may pass such order of "Interim" nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case.

(5)    The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit parties to the appeal to be represented by their respective legal practitioner. 

(6)    On the date-fixed for hearing of the appeal or "suomotu" action, or on such date to which the hearing may be adjourned, the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person, or through any agent duly authorised in writing or through a legal practitioner, and shall thereafter proceed to Pass an order of confirmation, reversal or modification order of confiscation:

Provided that before passing any final order the Appellate Authority may if it is considered necessary for proper decision of appeal or for proper disposal of "suomotu" action, make further inquiry itself or cause it to be made by the authorised officer, and may also allow parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts by affidavits.

(7)    The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.

(8)    Copy of final order or an order of consequential nature, shall be sent to the authorised officer for compliance or for passing any order appropriate order in conformity with the order of Appellate Authority.

52-B. Petition for revision before Secretary, Forest and Environment Department, Government of Bihar against the order of the Appellate Authority:-

(1)    Any party to the appeal,, aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition for revision to the Secretary, Forest and Environment Department, Government of Bihar.

Explanation.--In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of Appellate Authority shall be excluded.

(2)    The secretary Forest and Environment Department, Government of Bihar may confirm, reverse or modify am rail order or an order of consequential nature passed by the Appellate Authority.

 

(3)    Copies of the order passed in revision shall be sent to the Appellate Authority and to the Authorised Officer for compliance or for passing such further order or for taking such further action as may be directed by such Court.

(4)    For entertaining, hearing and deciding a revision under this section, the Secretary, Forest and Environment, Department, Government of Bihar recall as far as may be, exercise the same powers and follow the same procedure as exercised and followed while entertaining, hearing and deciding a revisit under the Code of Criminal Procedure, 1973 (Act no. 2 of 1974).

(5)    Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (Act no. 2 of 1974) the order passed under this section shall be anal and shall not be called in question before any Court.

52-C. Bar of Jurisdiction, of Courts etc. in certain circumstance.--

(1)    On receipt of intimation under sub-section (4) of section 52 about initiation of proceedings for confiscation of property by the magistrate having jurisdiction to try the office on account of which the seizure of property which is subject matter of confiscation, hag been made, no court, Tribunal or Authority (other than, the authorised officer, Appellate Authority and Revision Authority referred to in sections, 52, 52A and 52B) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated in this Act, or am other law for the time being in force.

Explanation.--

Where under any law for the time being in force, two or more courts have jurisdiction to try forest offence, then on receipt of intimation under sub-section (4) of section 52 by one of the Courts of Magistrates having sudi jurisdiction shall be construed to be receipt of intimation under that provision by all the Courts and the bar to exercise jurisdiction shall operate on all such Courts.

(2)    Nothing in sub-section (1) shall affect the power saved under section 61. 52-D. Power of entry, inspection, search and seizure.--Notwithstanding anything contained in any other law for the time being in force any Forest Officer not below the rank of a Range Officer of Forests or any Police Officer not below the rank of a Sub-Inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this Act enter upon, inspect and search any place, premises, appurtenances thereto, land, vehicle or boat and seize any illegal forest produce and all tools, arms, boats, vehicles, ropes, chains or any other article used in committing such offence."]

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

JHARKHAND

[35] [After Section 66

The following new section shall be instated, namely:-

"66-A. Eviction of encroachment from Government Forest Land.--

(1)    Encroachment of Government Forest Land shall be cognizable and non-bailable offence.

 

(2)    Any Forest Officer not below the rank of Divisional Forest Officer, if he has reasons to believe that the encroachment of Government Forest Land has been done, may evict the encroachment and may use all the powers conferred on Magistrate under The Bihar Public Land Encroachment Act, 1956 (Bihar Act XV of 1956)."]

Section 67 - Power to try offences summarily

The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the [36] [State Government] may try summarily, under the [37]Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term [38] [not exceeding two years or with fine not exceeding twenty five thousand rupees], or both.

[STATE AMENDMENTS

[Jharkhand

[39] [In Section 67

The following shall be substituted; namely:

"67 Notwithstanding anything to the contrary contained either in the Criminal Procedure Code, 1973 or any other law for the time being in force, the State Government may, by notification in the official Gazette constitute a special court with powers of first class Magistrate for the trial of all forest offences punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees, or with both as the case may be in accordance with the procedure prescribed for summary trials under Chapter XXI of the Criminal Procedure Code, 1973."]

Section 68 - Power to compound offences

68. Power to compound offences

[40] [(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

JHARKHAND

[41] [In Section 68-

The following shall be substituted-namely:

"68.    (1) The State Government may, by 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 clauses (c) and (W to section 26, clauses (c) and (d) to section 33 or section 62 or section 63, 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 for confiscation, to release the same 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 cat, iay be, to such officer, the suspected person, 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.

(3)?? Forest Officer shall not be empowered under this section unites he is a Forest Officer of a rank not, inferior to that of an Assistant Conservator of Forest."]

Section 79 - Persons bound to assist Forest-officers and Police-officers

(1)    Every person who exercises any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, andEvery person in any village contiguous to such forest who is employed by the [42] [Government] or who receives emoluments from the [43] [Government] for services to be performed to the community, shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest-officer or Police officer or not,-

(a)   to extinguish any forest fire in such forest of which he has knowledge or information;

(b)    to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest,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)     Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) fails-

(a)    to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub-section (1);

(b)    to take steps, as required by sub-section (1), to extinguish any forest fire in a reserved or protected forest;

(c)    to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest; or

(d)    to assist any Forest-officer or Police officer demanding his aid in preventing the commission in such forest of any forest-offence, or, when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender, [44] [shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees], or with both.

[STATE AMENDMENTS

[Jharkhand

[45] [In Section 79

The he words "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" the following words shall be substituted; namely:-

"Shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both."]