Back
THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION AND PROTECTION) AMENDMENT ACT, 2000
An Act to amend the Sikkim Forest, Water Courses and Road Reserve (Preservation and Protection) Act, 1998.
Be it enacted by the Legislature of Sikkim in the Fifty-first Year to the Republic of India as follows:-
Short title and commencement:-
1. (1) This Act may be called the Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Amendment Act, 2000.
2. It shall come into force from the date of its notification in the Official Gazette.
Amendment of section 20:-
2. In the Sikkim Forest, Water Courses and Road Reserve (Preservation and Protection) Act, 1988 (hereinafter referred to as the principal Act), in section 20,-
(i) in clause (k) for words ten thousand the words “twenty thousand” shall be substituted.
(ii) After clause (k) of section 29, the following words shall be, added, namely:-
“Where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years by may extend up to seven years.
Amendment of section 22:-
3. In section 22 of the principal Act, for the existing sub-section (1), the following shall be substituted:-
“(1) The State Government may, by notification in the Official Gazette declare the provisions of this Chapter applicable to any Khasmal or Gorucharan forest which is not included in a reserved forest but which is the property of Government, or over which the Government has properly rights, or to the whole or any part of the forest produce to which the Government is entitled.”
Amendment of section 24:-
4. (i) In section 24 of the principal Act, in clause (h) of sub-section (1) for the words “five thousand” the words “ten thousand” shall be substituted.
(ii) After clause (h) of sub-section (1), the following words shall be added, namely:-
“Where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment of a term which shall not be less than three years by may extend up to seven years”.
Amendment of section 28:-
5. In section 28 of the principal Act, for the words “Five thousand” the words “ten thousand” shall be substituted.
Amendment of section 29:-
6. In section 29, after sub-section (8), the following sub-section shall be inserted, namely:-
“(9) The river bank referred to in sub-section (1) of section 29 shall be under the administrative control of the Forest Department as if it were a forest constituted under this act”.
Amendment of section 30:-
7. (i) In section 30 of the principal Act, in clause (b) of subsection (1) the words “or a river bank” shall be deleted.
(ii) After clause (b) in sub-section (1), the following clause shall be inserted, namely:-
“(C) removes any forest produce from a river bank without permission”.
(iii) In sub-section (1) for the words “six thousand” the words “twelve thousand” shall be substituted.
(iv) After sub-section (1) of section 30, the following words shall be added, namely:-
“Where an offender has been previously convicted for an offence under this section the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years but may extend up to seven years”
Amendment of section 37:-
8. In section 37 of the principal Act, for the words “two thousand” the words “five thousand” shall be substituted.
Amendment of section 42:-
9. In sub-section (3) of section 42 of the principal Act, for the words “two thousand” the words ‘five thousand’ shall be substituted.
Amendment of section 51:-
10. (1) in sub-section (3) of section 51 of the principal Act, for the words “six months” the words ‘three years’ and for the words “one thousand” the words ‘five thousand’ shall be substituted.
Amendment of section 53:-
11. In sub section (1) of section 53 of the principal Act, for the words “fifty” the words “two hundred and fifty” shall be substituted.
Amendment of Marginal Heading:-
12. In the marginal heading of section 57 of the principal act, after the word reserved forests the following words shall be inserted, namely:-
“Khasmal or Gorucharan forests”.
Amendment of section 68:-
13. In sub-section (1) of section 68 of the principal Act, for the words ‘two thousand’ the words ‘five thousand’ shall be substituted.
Amendment of section 69:-
14. In section 69 of the principal Act:-
(i) for the words “six thousand” the words ‘twelve thousand’ shall be substituted.
(ii) after clause (d), the following words shall be added, namely :-
“Where an offender has been previously convicted for an offence under this section, this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment of a term which shall not be less than three years by may extend up to five years.
Amendment of section 70:-
15. In section 70 of the principal Act.
(i) In sub-section (1) after the words “forest officer” the following words shall be inserted namely:-
“or Police officer”
(ii) for sub-section (2) the following sub-section shall be substituted namely:-
“(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the Officer-In-Charge of the nearest Police Station.”
Amendment of section 71:-
16. After section 71 of the principal Act, the following section shall be inserted, namely:-
“71 A. Certain offences to be non bailable-
Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973.
(a) The offences under sections or clauses of sections mentioned in clause (b) shall be non-bailable.
(b) The section and clauses of sections of this Act referred to in clause (a) are the following namely:-
(i) Section 20 clauses (a), (b), (c), (d), (e), and (k);
(ii) Section 24 clauses (a), (b), and (h) of sub-section (1);
(iii) Section 42, sub section (3) and
(iv) Section 69.
(c) No person accused of any offence referred to in clause (b), shall if in custody, be released on bail of on his own bond unless-
(i) The prosecution has been given an opportunity to oppose the application for such release, and
(ii) Where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.”
Amendment of section 72:-
17. For section 72 of the principal Act, the following shall be substituted, namely:-
“72. The Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered in this behalf by the State Government in consultation with the High Court may, try summarily under the Code of Criminal Procedure, 1973 (2 of 1974), any forest offence punishable with imprisonment for a term not exceeding one year or win fine not exceeding two thousand rupees, or with both.”
Amendment of section 74:-
18. In clause (a) of sub-section (1) of section 74 of the principal Act, for the word “twice” the words “four times” shall be substituted.
Amendment of section 79:-
19. In sub-section (1) of section 79 of the principal Act, after clause (j) the following clause shall be inserted, namely:-
Amendment of section 83:-
20. (1) After clause (g) in sub-section (2) of section 83 of the principal Act, the following clause shall be inserted, namely:-
Amendment of section 84:-
21. In section 84 of the principal Act:-
(i) for the words “six thousand” the words “twelve thousand” shall be substituted.
(ii) After the words “or with both” the following words shall be added, namely:-
“Where the offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years by my extend up to seven years.”
Amendment of section 85:-
22. In sub-section (2) of section 85 of the Principal Act.
(i) For the words “five thousand” the words “ten thousand” shall be substituted.
(ii) After the words “or will both” the following words shall be added namely:-
“Where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term of one year”.
