Full text containing the act, Indian Forest Act, , with all the sections, schedules, short title, enactment date, and footnotes. The Indian Forest Act of This Act emphasised protection of forests and judicious use of timber. However, prevalent usages were conceded as rights, . The Indian Forest Act, was enacted to 'consolidate the law related to forest, the transit of forest produce, and the duty liable on timber and other forest.
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An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable (1) This Act may be called the Indian Forest Act, The Indian Forest (Amendment) Act, 3. The Government of India ( Adaptation of Indian Laws) Order,. 4. The (Adaptation of Central. by this Act or any rule made thereunder to be done by a Forest-officer; 26 Clause (4A) was inserted by section 2 of the Indian Forest (Amendment) Act,
Nature has enriched India with We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. The following matter has been narrated chronologically. Click here to sign up. Traditional areas of use by nomadic or pastoralist communities i. Now customize the name of a clipboard to store your clips. Like this presentation?
Exercise of rights admitted Commutation of rights: Appeal from order passed under section 11, section 12, section 15 or section Appeal under section 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 appellate officer or Court, in the course of any inquiry or appeal under this Act. Notification declaring forest reserved: After all the claims has been made and the time period mentioned under section6 for preferring claims have elapsed, the govt.
Publication of translation of such notification in neighbourhood of forest Power to revise arrangement made under section 15 or section 18 No right acquired over reserved forest, except as here provided: No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification under section 20 was issued.
Rights not to be alienated without sanction Power to stop ways and water-courses in reserved forests Acts prohibited in such forests: Any person who a makes any fresh clearing prohibited by section 5 b sets fire to 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 dragging any timber; f fells, girdles, lops, or bums any tree or strips off the bark or damages, the same; g quarries stone, bums lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce; h clears or breaks up any land for cultivation or any other purpose; Power to declare forest no longer reserved.
Formation of village-forests: All forests so assigned shall be called village-forests. Protected forests: Power to issue notification reserving trees Publication of translation of such notification in neighborhood Power to make rules for protected forests. The State Government may make rules to regulate the following matters, namely: Penalties for acts in contravention of notification under section 30 or of rules under section Nothing in this Chapter to prohibit acts done in certain cases: Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest- officer Protection of forests for special purposes: Power to assume management of forests: Expropriation of forests in certain cases: Protection of forests at request of owners Power to impose duty on timber and other forest- produce Limit not to apply to purchase-money or royalty Powers of Central Government as to movements of timber across customs frontiers: Penalty for breach of rules made under section Government and Forest-officers not liable for damage to forest-produce at depot All persons bound to aid in case of accidents at depot.
Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly Notice to claimants of drift timber Procedure on claim preferred to such timber Disposal of unclaimed timber Government and its officers not liable for damage to such timber Payments to be made by claimant before timber is delivered to him Power to make rules and prescribe penalties: Seizure of property liable to confiscation: Power to release property seized under section 52 Procedure thereupon: Upon the receipt of any such report, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.
Forest-produce, tools, etc. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed: When the trial of any forest-offence is concluded, any forest- produce in respect of which such offence has been committed shall be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct. Procedure when offender not known or cannot be found: When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest- officer Procedure as to perishable property seized under section The Magistrate may, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.
Appeal from orders under section 55, section 56 or section The officer made the seizure under section 52, or any of his official superiors, or any person claim to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal there from to the Court. Property when to vest in Government: Punishment for wrongful seizure. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks 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 Government or of some person, or that it may lawfully be cut or removed some person; or b alters, defaces or obliterates any such mark placed on a tree or on timber by 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, or fine, or with both.
Power to arrest without warrant Power to release on a bond a person arrested Power to prevent commission of offence.
Power to try offences summarily: The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the State Government may try summarily, under the Code of Criminal Procedure, , any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.
Power to compound offences: Presumption that forest-produce belongs to Government: When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved. Cattle-trespass Act, , to apply: Cattle trespassing in a reserved forest any portion of a protected forest which has been lawfully closed to grazing shall be deem to be cattle doing damages to a public plantation ,and may be seized and impounded as such by Forest-officer or Police-officer.
Power to alter fines fixed under that Act. State Government may invest Forest-officers with certain powers — 1 The State Government may invest any Forest-officer with all or of the following powers, that is to say: Forest officers deemed public servants Indemnity for acts done in good faith: No suit shall lie against any public servant for anything done by him in good faith under this Act.
Forest-officers not to trade: Except with the permission in writing of the State Government, no Forest-officer shall, as principal or agent, trade in timber or other forest produce, or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside Additional powers to make rules The entire woodland areas were taken proper care of scientifically, by the management under Emperor Ahoka. The Muslim invasion led to the uprooting many people from their homes.
These people sought refuge in woodlands, they cleared which for settling down, had no special interest in International Journal of Research in Social Sciences http: After the fall of Mughal Empire, India was divided into a number of small kingdoms.
The rulers of these kingdoms were frequently fighting each other. As a result in many areas the particular population were bound to abandon cultivation, moved to other places, started shifting cultivation, and cleared more woodland areas for sizing their needs. The woodland dwellers especially the Tribes who were born within and grew in it along with other indigenous people who resided in the thicket areas from time immemorial. B - British Regime: In , after taking charge of India as British India, Lord Dalhausie the then Governor General promulgated for first time in an outline for Woodland Conservancy for unmitigated India.
Issued a memorandum as a charter of Indian Boscage. In , Dr. Brandis was appointed as the Superintendent of Forest in Pegu Mayanmar. They instantly exercised powers for monopolizing the extortion from these Treasured Areas; thereby initiated a rule and later enacted as a legal binding, which conclusively protected them, providing them exclusivity in the field of such extortion, securing them in extraction of forest products of every nature, from its length and breadth.
Vast quantity of timber was removed for ship building, laying railway tracks. The Indian Woodlands came across several facts and figures by the then British Government through a chronological approach. Starting from British Regime to the last phase of it, the Indian Boscage faced various pros and cons of legality which was made by the British for their vested trading interests , ultimately pushed the Indian Boscage in a situation of jeopardy.
C- The Post British Regime: The post colonial period experienced rapid changes of Indian Boscage.
It emphasised upon afforestation, scientific management, environmental protection, sustainable development. After attainment of independence in and declaring itself a Socialist Democratic Republic in , India formed its own laws and legislatures, also continued with many of which, as was laid down by the British. The Indian Forest Act was one such of the many.
The Sovereign country continued with the Indian Forest Act verbatim, which is still in vogue, leading to the fact relating, acceptance and continuance of the British Law over the Forests in India. The Indian Forest Act The East India Company appointed a Commission to enquire into the availability of teak wood.
Brandis, a professionally qualified German Forester, was appointed. In the same year, Dr.
Brandis became the first Inspector General of Forests in India. Since in power they made a rule restricting the entry into and exit from the woodland, they even restricted procurement from the copse making them secured for the procurement from the Boscage, for material gains along with earning revenue there from.
So the Indian Forest Act came into being completely on commercial grounds, satisfying the needs of the implementers. However, Indian Forest Act represented the first attempt to enact a comprehensive forest law in India, its main aim was to assert the monopoly of the British International Journal of Research in Social Sciences http: But, the definition of Forest was not mentioned in the subject matter of the Act, for reasons unexplainable.
It was the beginning of an organized forestry in the Indian Provinces under the British Rule. Though the Indian Forest Act was the first attempt of a comprehensive forest law in India. In course of time it was felt that the law had many a lacunae, necessitating advent of an amended Act of The then Government of India outlined the policy guidelines, shortly before this Act constituted in superseding the earlier of thereby providing a legal shape to the Act this remained in force till the advent of the Indian Forest Act , which is in force till date.
The salient features of the Act, that it: The Indian Forest Act of is the basic forest law of the Country and applicable in all parts of the country.
It may be noted that besides the states previously comprised in the territories of Part B states, the Indian Forest Act does not apply to the states of Andhra Pradesh, Assam and Madras.
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. Scope of the Act. Forests and Forestry is subject of prime importance to the administration of a Country, to preserve and safeguard the forests generally, in India.
Interpretation Clause In the Forest Act, unless there is anything repugnant in the subject or context: Trees and leaves, flowers and fruits and all other parts or produce not hereinbefore mentioned, of tress. Plants not being trees, including grass, creepers, seeds and moss , and all parts and produce of such plants. Wild animals and skins, tusks, horns, bones, silk-cocoons, honey and wax and all other parts or produce of animals and iv. Peat surface soil, rock and minerals including lime stone, laterite, mineral oils and all products of mine or quarries.
Owner includes a Court of wards in respect of property under the Superintendence or charge of such court. All the above factors were elaborately defined but for the definition of the principal object were not mentioned.
Indian Boscage at 21st Century the Recent Era: The Wild Life Protection Act, , an Act to provide for the protection of some wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country. The Forest Conservation Act also an Act to provide for the conservation of the forests and for matters connected therewith or ancillary or incidental thereto.
Nevertheless, it is a fact that the description of Forest in the implemented Forest Act has not been mentioned in any form or words. Post Independence the canvas of India totally changed, The Indian Forest Act is in continuation with its same contents in the present date except for a few amendments. The Indian Forest Act being in force till date, the contents of which posed problems in respect of the tribal people and other traditional woodland dwellers, necessitated peering into the matter seriously.
The Facts Necessitated Answer: It may be presumed that, implementers of the Act possibly followed the erstwhile feudal system. Prior to the British regime, woodland was a part of personal property of the then Rajas, International Journal of Research in Social Sciences http: If it is counterfeited that the British probably were in a hasty condition to monopolize the situation. Perhaps, took the erstwhile system as granted.
The Boscage under independent rulers had different identifications as per the Vedas, Puranas and Upanisad, thereby, it did not require further clarification regarding the subject matter. The changed situation was a consolidated form for the entire country, thereby; the earlier contention could not carry any further. Therefore, the definition of the freshly implemented Act required or called for defining the subject matter elaborately which is missing and not found anywhere.
The Act mentioned of Reserved Forest, Protected Forest, Village Forest and empowerment of the State Government over each individual phenomenon vividly in specified chapters, instead of the said subdue context.
Either relying on the erstwhile situation as it prevailed in the regime of individual rulers or in a haste situation of establishing absolute supremacy over the Indian Bosky, they ignored the matter or their trading skill did not allow them mentioning such an important subject matter, befitting Monarchical pattern of rule.
But democratic policy guidelines always require the requisite curriculum. Thereby, in the present context Democracy demands a logical licit clarification of the captioned subservient to confide in the matter. It is essential as per the jurisprudence of law that it be logically clarified making it sustainable in the eye of law.
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