INDIAN FOREST (AMENDMENT)
ACT, 2017 THE
INDIAN FOREST (AMENDMENT) ACT, 2017 [Act
No. 05 of 2018] [05th
January, 2018] An Act further to amend the Indian
Forest Act, 1927. Be it enacted by Parliament in the
Sixty-eighth Year of the Republic of India as follows:- (1) This Act may be
called the Indian Forest (Amendment) Act, 2017. (2) It shall be deemed to
have come into force on the 23rd day of November, 2017. In the Indian Forest Act, 1927,
in section 2, in clause (7), the word "bamboos" shall be
omitted. (1) The Indian Forest
(Amendment) Ordinance, 2017 (Ord. 6 of 2017) is hereby repealed. (2) Notwithstanding such
repeal, anything done or any action taken under the Indian Forest Act, 1927 (16
of 1927), as amended by the said Ordinance, shall be deemed to have been done
or taken under the corresponding provisions of the said Act, as amended by this
Act. Statement of Objects
and Reasons - INDIAN FOREST (AMENDMENT) BILL, 2017 STATEMENT
OF OBJECTS AND REASONS 1.
The
Indian Forest Act, 1927 (the said Act) has been enacted to consolidate the law
relating to forests, the transit of forest-produce and the duty leviable on
timber and other forest-produce. 2.
The
said Act, inter alia, in clause (7) of section 2 defines "tree",
which includes palms, bamboos, stumps, brush-wood and canes. The bamboo, though
taxonomically a grass is treated as tree for the purpose of the said Act, and
therefore, attracts the requirement of permit for transit under the said Act.
Although, many States have exempted felling and transit of various species of
bamboos within the States, the inter-State movement of bamboos require permit
when being in transit through other States. The farmers are facing hardships in
getting the permits for felling and transit of bamboos within the State and
also for outside the State, which has been identified as major impediment of
the cultivation of bamboos by farmers on their land. 3.
Hence,
it was decided to amend clause (7) of section 2 of the said Act so as to omit
the word "bamboos" from the definition of tree, in order to exempt
bamboos grown on non-forest area from the requirement of permit for felling or
transit under the said Act, and would encourage bamboo plantation by farmers
resulting in the enhancement of their income from agricultural fields. 4.
Since,
Parliament was not in session and immediate action was required to be taken,
the Indian Forest (Amendment) Ordinance, 2017 was promulgated by the President
on the 23rd day of November, 2017. 5.
Accordingly,
the Indian Forest (Amendment) Bill, 2017 seeks to replace the Indian Forest
(Amendment) Ordinance, 2017. 6.
The
Bill seeks to achieve the above objectives.
Preamble - INDIAN FOREST (AMENDMENT) ACT, 2017PREAMBLE