INDIAN
FOREST (UTTAR PRADESH AMENDMENT) ACT, 2000 THE INDIAN FOREST
(UTTAR PRADESH AMENDMENT) ACT, 2000 [Act No. 01 of 2001] [07th March, 2001] An Act further to
amend the Indian Forest Act, 1927 in its application to Uttar Pradesh. It
is hereby enacted in the Fifty-first Year of the Republic of India as
follows:-- (1) This Act may be called the Indian Forest (Uttar
Pradesh Amendment) Act, 2000. (2) It shall extend to the whole of Uttar Pradesh. (3) It shall come into force on such date as the State
Government may, by notification, appoint in this behalf. In
section 2 of the Indian Forest Act, 1927, hereinafter referred to as the
principal Act, 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;" In
section 26 of the principal Act, in sub-section (1),-- (i) in clause (b) after the words "reserved
forest" the words "or to a forest in the land in respect of which a
notification under section 4 has been issued" shall be inserted; (ii) in clause (e) for the word "dragging" the
word "removing" shall be substituted; (iii) in clause (f) after the words "the same"
the words "or any forest produce" shall be inserted; (iv) for 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 words "shall, for
an act under clause (b) or clause (f) or clause (g) or clause (h), be
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, and on the second
and every subsequent conviction for the same offence, with imprisonment for a
term which may extend to two years, or with fine which may extend to twenty
thousand rupees but which shall not be less than five thousand rupees, or with
both and for an act under any of the other clauses, 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, and on the second and every
subsequent conviction for the same offence, with imprisonment which may extend
to six months, or with fine which may extend to two thousand rupees, or with
both," shall be substituted. In
section 33 of the principal Act, in sub-section (1),-- (i) in clause (c) after the words "or clears"
the words "or, attempts to break up or clear" shall be inserted; (ii) in clause (f) for the word "drags" the
word "removes" shall be substituted; (iii) for the words "six months or with fine which
may extend to five hundred rupees, or with both" the words "two
years, or with fine which may extend to five thousand rupees, or with both and
on the second and every subsequent conviction for the same offence, with
imprisonment for a term which may extend to two years and with fine which may
extend to ten thousand rupees" shall be substituted. In
section 42 of the principal Act, for sub-section (1), the following sub-section
shall be substituted, namely:-- "(1)
The State Government may by such rules prescribe as penalties for the
contravention thereof imprisonment for a term which may extend to two years, or
fine which may extend to five thousand rupees or both." In
section 52 of the principal Act,-- (i) in sub-section (1), for the words "vehicles or
cattle" the words "vehicles, cattle, ropes, chains or other
articles" shall be substituted; (ii) for sub-section (2), the following sub-sections
shall be substituted, namely? "(2)
Any Forest Officer or Police Officer may, if he has reason to believe that a
boat or vehicle has been, or is being, used for the transport of any forest
produce in respect of which a forest offence has been, or is being, committed,
require the driver or other person in charge of such boat or vehicle to stop
it, and he may detain such boat or vehicle for such reasonable time as is
necessary to examine the contents in such boat or vehicle and to inspect the
records relating to the goods transported so as to ascertain the claims, if
any, of the driver or other person in charge of such boat or vehicle regarding
the ownership and legal origin of the forest produce in question. ?(3)
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 to the Magistrate having jurisdiction
to try the offence on account of which the seizure has been made, and if the
seizure is in respect of forest produce which is the property of the State
Government, shall also make a report to the authorised officer." After
section 52 of the principal Act, the following sections shall be inserted,
namely:-- "52-A.
procedure on seizure (1) Notwithstanding anything contained in this Act or
any other law for the time being in force where a forest offence is believed to
have been committed in respect of any forest produce, which is the property of
the State Government, the officer seizing the property under sub-section (1) of
section 52 shall, without unreasonable delay, produce it together with all the
tools, boats, vehicles, cattle, ropes, chains and other articles used in
committing the offence, before an officer, not below the rank of a Divisional
Forest Officer, authorised by the State Government in this behalf, who may, for
reasons to be recorded, make an order in writing with regard to custody,
possession, delivery, disposal or distribution of such property, and in case of
tools, boats, vehicles, cattle, ropes, chains and other articles, may also
confiscate them. (2) The authorised officer shall, without any undue
delay, forward a copy of the order made under sub-section (1) to his official
superior. (3) Where the authorised officer passing an order under
subsection (1) is of the opinion that the property is subject to speedy and
natural decay he may order the property or any part thereof to be sold by
public auction and may deal with the proceeds as he would have dealt with such
property if it had not been sold and shall report about every such sale to his
official superior. (4) No order under sub-section (1) shall be made
without giving 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: Provided
that in an order confiscating a vehicle, when the offender is not traceable, a
notice in writing to the registered owner thereof and considering his
objections if any will suffice. (5) No order of confiscation of any tool, boat,
vehicle, cattle, rope, chain or other article shall be made if any person
referred to in sub-section (4) proves to the satisfaction of the authorised
officer that any such tool, boat, vehicle, cattle, rope, chain or other article
was used without his knowledge or connivance or without the knowledge or
connivance of his servant or agent, as the case may be, and that all reasonable
precautions had been taken against use of the objects aforesaid for the
commission of the forest offence. 52-B.
Appeal Any
person aggrieved by an order of confiscation may, with in thirty days of the
date of Communication to him of such order, prefer an appeal to the State
Government and the State Government shall, after giving an opportunity of being
heard to the appellant and the authorised officer pass such order as it may
think fit confirming, modifying or annulling the order appealed against and the
order of the State Government shall be final. 52-C.
Order of confiscation not to prevent any other punishment No
order of confiscation under section 52-A or 52-B shall prevent the indication
of any punishment to which the person affected thereby may be liable under this
Act. 52-D.
Bar of jurisdiction in certain cases Notwithstanding
anything to the contrary contained in this Act or in the code of Criminal
Procedure, 1973 or in any other law for the time being in force, whenever any
forest produce belonging to the State Government together with any tool, boat,
vehicle, cattle, rope, chain or other article is seized under sub-section (1)
of section 52, the authorised officer under section 52-A or the State
Government under section 52-B shall have jurisdiction, to the exclusion of
every other officer, court, Tribunal or authority, to make orders with regard
to the custody, possession, delivery, disposal or distribution of the
property." In
section 53 of the principal Act,-- (i) for the words "vehicles or cattle" the
words "vehicles, cattle, ropes, chains or other articles" shall be
substituted. (ii) after the words "the seizure has been
made" the words "except in respect of cases falling under section
52-A for which the procedure laid down in that section shall be followed"
shall be inserted. In
section 55 of the principal Act, in sub-section (1) for the words
"vehicles and cattle used in committing any forest offence" the words
"vehicles, cattle, ropes, chains and other articles used in committing
such forest offence" shall be substituted. In
section 57 of the principal Act, for the words "The Magistrate may."
the words "the Magistrate, subject to section 52-D may," shall be
substituted. In
section 58 of the principal Act for the words "the Magistrate may,
notwithstanding anything hereinbefore contained," the words
"Notwithstanding anything hereinbefore contained, but subject to
sub-section (3) of section 52-A, the Magistrate may," shall be
substituted. Section
60 of the principal Act shall be renumbered as subsection (1) thereof and after
sub-section (1) as so renumbered the following sub-section shall be inserted,
namely:-- "(2)
When an order for confiscation has been passed under section 52-A and the
period of limitation for an appeal or revision has elapsed and no appeal or
revision has been preferred or when in appeal or revision the order for
confiscation for whole or a portion of the property has been confirmed, the
property or such portion, as the case may be, shall vest in the State
Government free from all encumbrances." After
section 61-A of the principal Act, the following sections shall be inserted
namely:-- "61-B.
Summary eviction of unauthorised occupants (1) If a Forest Officer, not below the rank of a
Divisional Forest officer, is of the opinion that any person is in unauthorised
occupation of any land in areas constituted as a reserved or protected forest
under section 20 or section 29 as the cases may be, and that he should be
evicted, the Forest Officer shall issue a notice in writing calling upon the
person concerned to show cause, on or before such date as is specified in the
notice, why an order of eviction should not be made. (2) If after considering the cause, if any, shown in
pursuance of a notice under this section, the Forest Officer is satisfied that
the said land is in unauthorised occupation he may make an order of eviction
for reasons to be recorded therein, directing that the said land shall be
vacated by such date, as may be specified in the order, by the person
concerned, which shall not be less than ten days from the date of the order. (3) If any person refuses or fails to comply with the
order of eviction by the date specified in the order, the Forest Officer who
made the order under sub-section (2) or any other Forest Officer, duly
authorised by him in this behalf, may evict that person from and take
possession of the said land and may, for this purpose, use such force as may be
necessary. (4) Any person aggrieved by an order of the Forest
Officer under sub-section (2) may, within such period and in such manner as may
be prescribed, appeal against such order to the Conservator of Forests of the
circle or to such officer as may be authorised by the State Government in this
behalf and the order of the Forest Officer shall, subject to the decision in
such appeal, be final. 61-C.
Disposal of Property left on land by unauthorised occupant (1) Where any person has been evicted from any land
under section 61-B, the Forest Officer may, after giving not less than ten days
notice to the person from whom possession of the land has been taken, remove or
cause to be removed or dispose of, by public auction, any property remaining on
such land including any material of a demolished building or standing crop. (2) Where any property is sold under sub-section (1)
the sale proceeds thereof shall, after deducting the expenses of the sale and
the expenses necessary to restore the land to its original condition, be paid
to the person concerned." After
section 65 of the principal Act the following section shall be inserted
namely:-- "65-A.
Certain offences to be non-bailable (1) Notwithstanding anything contained in this Act or
in the Code of Criminal Procedure, 1973 any offence punishable under section
26, or section 33 or section 42 or section 63 shall be non-bailable. (2) No person accused of any offence as aforesaid
shall, if in custody, be released on application for released on bail or on his
own bond unless? (a) the prosecution has been given an opportunity to oppose
the application for such release, and (b) Where the prosecution opposes the application as
aforesaid the court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence." After
section 66 of the principal Act, the following section shall be inserted,
namely:-- "66-A.
Penalty for not preventing commission of forest offence Whoever,
being a Forest Officer or Police Officer, bound under section 66 to prevent commission
of any forest offence, intentionally or knowingly, neglects or omits to prevent
or abets, the commission of such offence, shall be punishable with imprisonment
for a term which may extend to two years or with fine or with both." In
section 68 of the principal Act, in sub-section (3),-- (i) the word "and is in receipt of a monthly
salary amounting to atleast one hundred rupees" shall be omitted; (ii) for the words "five hundred rupees" the
words "five thousand rupees for the first offence and for second and
subsequent offence of the same nature shall not be less than five thousand
rupees or more than ten thousand rupees," shall be substituted. For
section 74 of the principal Act, the following section shall be substituted,
namely:-- "74.
Indemnity for acts done in good faith No
suit, prosecution or other legal proceeding shall lie against the State
Government or any public servant for anything which is in good faith done or
intended to be done in pursuance of this Act or rules or orders made
thereunder." In
section 77 of the principal Act for the words "one month, or fine which
may extend to five hundred rupees" the words "one year, or with fine
which may extend to two thousand rupees" shall be substituted. In
section 79 of the principal Act, in sub-section (2) for the words "one
month, or with fine which may extend to two hundred rupees", the words
"one year, or with fine which may extend to one thousand rupees,"
shall be substituted. For
section 82 of the principal Act, the following section shall be substituted,
namely:-- "82.
Recovery of money due to State Government All
money, other than fines, payable to the State Government under this Act or
under any rule made thereunder or on account of the price of any forest produce
or any agricultural crop grown on land owned by the State Government in a
reserved or protected forest or under any contract relating to forest produce
or said agricultural crop, including any sum recoverable thereunder for breach
thereof, or in consequence of its cancellation, or under the terms of a notice
relating to the sale of such agricultural crop or other forest produce by
auction or by invitation of tenders issued by or under the authority of a
Forest Officer and all compensation awarded to the State Government under this
Act, may, if not paid when due, be recovered, under the law for the time being
in force, as if it were an arrear of land revenue."
Preamble - INDIAN FOREST (UTTAR PRADESH
AMENDMENT) ACT, 2000PREAMBLE