86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
FOREST ACT, 1927
16 of 1927
21st September, 1927
STATEMENT OF OBJECTS AND REASONS The general law relating to forests in British India is contained in the Indian Forest Act, 1878and its amending Acts. The present Bill brings the law together within the scope of one enactment. The Bill is a straightforward consolidating Bill but the original Act having been passed before the General Clauses Act of 1897 (10 of 1897), it has been possible to shorten the language of the Bill by taking advantage of that Act. The ambiguous language of the second paragraph of section 42 of Act 7 of 1878has been altered in clause 42(2) so as to bring it into conformity with what appears to have been the original intention of the law. The only other point which calls for further notice is the extent clause. The original Act extended to the Province of Assam, but by Regulation 7 of 1891the Indian Forest Act, 1878was repealed as far as it relates to Assam. The Bill accordingly omits Assam from the extent clause. The Bill to consolidate the law relating to forests and the transit of forest produce was passed and further assented by Governor-General of India on 21st September, 1927 and became a Central Act under the short title and number "Indian forest act, 1927 (16 of 1927)". list of amending acts and adaptation orders 1. the Indian forest (amendment) act, 1930 (26 of 1930). 2. the Indian forest (amendment) act, 1933 (3 of 1933). 3. The Government of India (Adaptation of Indian Laws) Order, 1937. 4. The Repealing and Amending Act, 1947 (2 of 1948). 5.The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948. 6.The Adaptation of Laws Order, 1950. 7.The Adaptation of Laws (No. 3) Order, 1956.
An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviable on timber and other forest-produce. WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest- produce and the duty leviable on timber and other forest-produce; It is hereby enacted as follows:—
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Indian Forest Act, 1927.
1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States.
(3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force to in the whole or any specified part of that State to which this Act extends and where it is not in force.]
SECTION 02: INTERPRETATION CLAUSE
In this Act, unless there is anything repugnant in the subject or context,—
(1) "cattle" includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) "Forest-officer" means any person whom2[* * * ] the State Government or any office empowered by3[* * *] 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 any rule made there under to be done by a Forest-officer;
(3) "forest-offence" means an offence punishable under this Act or under any rule made
thereunder;
(4) "forest-produce" includes—
(a) the following whether found in, or brought from, a forest or not, that is to say— timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds,4[kuth] and myrabolams, and
(b) the following when found in, or brought from a forest, that is to say—
(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,
(iii) 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 mines or quarries); 5[(4A) "owner" includes a Court of Wards in respect of property under the superintendence or charge of such Court;]
(5) "river" includes any stream, canal, creek or other channels, natural or artificial;
(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) "tree" includes palms, bamboos, skumps, brush-wood and canes.
SECTION 03: POWER TO RESERVE FORESTS
—The State Government may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.
SECTION 04: NOTIFICATION BY STATE GOVERNMENT
(1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette—
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called "the Forest Settlement-officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land
comprised within such limits or in or over any forest-produce, and to deal with the same as provided in this Chapter.
Explanation.—For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.
(3) Nothing in this section shall prevent the State Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
SECTION 05: BAR OF ACCRUAL OF FOREST-RIGHTS
—After the issue of a notification under section 4-, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the State Government in this behalf
SECTION 06: PROCLAMATION BY FOREST SETTLEMENT-OFFICER
—When a notification has been issued under section 4-, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighborhood of the land comprised therein, a proclamation—
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4-orsection 5-within such period either to present to the Forest Settlement-officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof.
SECTION 07: INQUIRY BY FOREST SETTLEMENT-OFFICER
—The Forest Settlement-officer shall take down in writing all statements made under section 6-, and shall at some convenient place inquire into all claims duly preferred under that section, and the existence of any rights mentioned in section 4-orsection 5-and not claimed under section 6-so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.
SECTION 08: POWERS OF FOREST SETTLEMENT-OFFICERS
—For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:—
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
SECTION 09: EXTINCTION OF RIGHTS
—Rights in respect of which no claim has been preferred under section 6-, and of the existence of which no knowledge has been acquired by inquiry under section 7-, shall be extinguished, unless before the notification under section 20-is published, the person claiming them satisfies the Forest Settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6-
SECTION 10: TREATMENT OF CLAIMS RELATING TO PRACTICE OF SHIFTING CULTIVATION
(1) In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement - officer shall record a statement setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the State Government, together with his opinion as to whether the practice should be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion, the State Government may make an order permitting or prohibiting the practice wholly or in part.
(3) If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise—
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or •
(b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practise shifting cultivation therein under such conditions as he may prescribe.
(4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the State Government.
(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the State Government.
SECTION 11: POWER TO ACQUIRE LAND OVER WHICH RIGHT IS CLAIMED
(1) In the case of a claim to a right in or over any land, other than a right of way or right of pasture, or a right to forest- produce or a water-course, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
(2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either—
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894)-.
(3) For the purpose of so acquiring such land—
(a) the Forest Settlement-officer shall be deemed to be a Collector proceeding under the Land Acquisition Act 1894 (1 of 1894 )-
(b)the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9-of that Act
(c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and
(d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, may award compensation in land, or partly in land and partly in money.
SECTION 12: ORDER ON CLAIMS TO RIGHTS OF PASTURE OR TO FORCST-PRODUCE
—In the ease of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer shall pass an order admitting or rejecting the same in whole or in part.
SECTION 13: RECORD TO BE MADE BY FOREST SETTLEMENT --OFFICER
—The Forest Settlement- officer, when passing any order under section 12-, shall record, so far as may be practicable,—
(a) the name, father's name, caste, residence and occupation of the person claiming the right; and
(b) the designation, position and area of all fields or groups of fields (if any), and the designation and position of all buildings (if any) in respect of which the exercise of such rights is claimed.
SECTION 14: RECORD WHERE HE ADMITS CLAIM
—If the Forest Settlement-officer admits in whole or in part any claim under section 12-, he shall also record the extent to which the claim is so admitted, specifying the number and description of the cattle which the claimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, the quantity of timber and other forest produce which he is from time to time authorised to take or receive, and such other particulars as the case may require. He shall also record whether the timber or other forest-produce obtained by the exercise of the rights claimed may be sold or bartered.
SECTION 15: EXERCISE OF RIGHTS ADMITTED
(1) After making such record the Forest Settlement - officer shall, to the best of his ability, having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted.
(2) For this purpose the Forest Settlement-officer may—
(a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record an order conferring upon them a right of pasture or to forest-produce (as the case may be) to the extent so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest-land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or
(c) record an order continuing to such claimants a right of pasture or to forest produce as the case may be, to the extent so admitted at such seasons within such portions of the proposed forest, and under such rules, as may be made in this behalf by the State Government.
SECTION 16: COMMUTATION OF RIGHTS
—In case the Forest Settlement-officer finds it impossible having due regard to the maintenance of the reserved forest, to make such settlement under section 15-as shall ensure the continued exercise of the said rights to the extent so admitted, he shall, subject to such rules as the State Government may make in this behalf, commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other manner as he thinks fit.
SECTION 17: APPEAL FROM ORDER PASSED UNDER SECTION 11, SECTION 12, SECTION 15 OR SECTION 16
—Any person who has made a claim under this Act, or any Forest-officer or other person generally or specially empowered by the State Government in this behalf, may, within three months from the date of the order passed on such claim by the Forest Settlement-officer under section 11-,section 12-,section 15-orsection 16-, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Collector, as the State Government may, by notification in the Official Gazette, appoint to hear appeals from such orders: Provided that the State Government may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the State Government, and when the Forest Court has been so established, all such appeals shall be presented to it.
SECTION 18: APPEAL UNDER SECTION 17
(1) Every appeal under section 17-shall be made by petition in writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17-, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land- revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the State Government, be final.
SECTION 19: PLEADERS
- 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 the Forest Settlement officer or the appellate officer or, in the course of any inquiry or appeal under this Act.
SECTION 20: NOTIFICATION DECLARING FOREST RESERVED
(1) When the following events have occurred, namely:—
(a) the period fixed under section 6-for preferring claims have elapsed and all claims (if any) made under that section or section 9-have been disposed of by the Forest Settlement -officer;
(b) if any such claims have been made, the period limited by section 17-for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or Court; and
(c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under section 2-, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894)-, have become vested in the Government under section 16-of that Act, the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary -marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
(2) From the date so fixed such forest shall be deemed to be a reserved forest.
SECTION 21: PUBLICATION OF TRANSLATION OF SUCH NOTIFICATION IN NEIGHBOURHOOD OF FOREST
—The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the local vernacular to be published in every town and village in the neighbourhood of the forest.
SECTION 22: POWER TO REVISE ARRANGEMENT MADE UNDER SECTION 15 OR SECTION 18
—The State Government may, within five years from the publication of any notification under section 20-, revise any arrangement made under section 15-orsection 18-, and may for this purpose rescind or modify any order made under section 15-orsection 18-, and direct that any one of the proceedings specified in section 15-be taken in lieu of any other of such proceedings, or that the rights admitted under section 12-be commuted under section 16-
SECTION 23: 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.
SECTION 24: RIGHTS NOT TO BE ALIENATED WITHOUT SANCTION
(1) Notwithstanding anything contained in section 23-, no right continued under clause (c) of subsection
(2) of section 15-shall be alienated by way of grant, sale, lease mortgage or otherwise, without the sanction of the State Government: Provided that, when any such right is appendent to any land or house, it may be sold or otherwise aliented with such land or house.
(2) No timber or other forest-produce obtained in exercise of any such right shall be sold or bartered except to such extent as may have been admitted in the order recorded under section 14-.
SECTION 25: POWER TO STOP WAYS AND WATER-COURSES IN RESERVED FORESTS
—The Forest-officer may, with the previous sanction of the State Government or of any officer duly authorised by it in this behalf, stop any public or private way or water-course in a reserved forest, provided that a substitute for the way or water-course so stopped, which the State Government deems to be reasonably convenient, already exists, or has been provided or constructed by the Forest-officer in lieu thereof.
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 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 dragging any timber;
(f) fells, girdles, lops, or bums any tree or strips off the bark or leaves from, or otherwise damages, the same;
(g) quarries stone, burns 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;
(i) in contravention of any rules made in this behalf by the State Government 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 six months, or with fine which may extend to five hundred 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 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 wilfully or by gross negligence in a reserved 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 all rights of pasture or to forest produce shall be suspended for such period as it thinks fit.
SECTION 27: POWER TO DECLARE FOREST NO LONGER RESERVED
(1) The State Government may,6[* * *] by notification in the Official Gazette, direct that, from a date fixed by such notification, any forest or any portion thereof reserved under the Act shall cease to be a reserved forest.
(2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) which have been extinguished therein shall not revive in consequence of such cessation.
SECTION 28: FORMATION OF VILLAGE-FORESTS
(1) "The State Government may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests.
(2) The State Government may make rules for regulating the management of village- forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest.
(3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests.
SECTION 29: PROTECTED FORESTS
(1) The State Government may, by notification in the Official Gazette, declare the provisions of this Chapter applicable to any forest-land or waste-land which is not included in a reserved forest but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest- produce of which the Government is entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be called a "protected forest".
(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the State Government thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved: Provided that, if, in the case of any forest-land or waste land, the State Government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the meantime to endanger the rights of Government, the State Government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.
SECTION 30: POWER TO ISSUE NOTIFICATION RESERVING TREES, ETC
The State Government may, by notification in the Official Gazette,—
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;
(b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the State Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms, provided that the remainder of such forest be sufficient, and in a locality reasonably convenient, for the due exercise of the right suspended in the portion so closed; or
(c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process, or removal of, any forest produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest.
SECTION 31: PUBLICATION OF TRANSLATION OF SUCH NOTIFICATION IN NEIGHBOURHOOD
The Collector shall cause a translation into the local vernacular of every notification issued under section 30-to be affixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification.
SECTION 32: POWER TO MAKE RULES FOR PROTECTED FORESTS
—The State Government may make rules to regulate the following matters, namely:—
(a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture and removal of forest-produce, from protected forests;
(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest-produce for their own use, and the production and return of such licences by such persons;
(c) the granting of licences to persons felling or removing trees or timber or other forest-produce from such forests for the purposes of trade, and the production and return of such licences by such persons;
(d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest- produce;
86540
103860
630
114
59824