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Indian forest act,1927 (16 of 1927) with state amendments and the forest (conservation) act, 1980 (as amended by the national green tribunal act, 2010 (19 of 2010), the forest (conservation) rules, 2003

Publication details: New Delhi Universal Law Pub. Co. Pvt. Ltd.; New Delhi 2012Description: iv,119,viipSubject(s):
DDC classification:
  • 634.9
Contents:
Contents Introduction 1 Sections CHAPTER I PRELIMINARY 1. Short title and extent 2 2. Interpretation clause 3 CHAPTER II OF RESERVED FORESTS 3. Power to reserve forests 6 4. Notification by State Government 7 5. Bar of accrual of forest-rights 8 6. Proclamation by Forest Settlement-officer• 9 7. Inquiry by Forest Settlement-officer 9 8. Powers of Forest Settlement-officers 9 9. Extinction of rights 9 10. Treatment of claims relating to practice of shifting cultivation 10 11. Power to acquire land over which right is claimed 10 12. Order on claims to rights of pasture or to forest-produce 11 13. Record to be made by Forest Settlement-officer 11 14. Record where he admits claim 11 15. Exercise of rights admitted 12 16. Commutation of rights 12 17. Appeal from order passed under section 11, section 12, section 15 or section 16 18. Appeal under section 13 19. Pleaders 14 20. Notification declaring forest reserved 14 21. Publication of translation of such notification in neighbourhood of forest 18 22. Power to revise arrangement made under section 15 or section 18 . 23. No right acquired over reserved forest, except as here provided 18 24. Rights not to be alienated wiiliout sanction 19 25. Power to stop ways and water-courses in reserved forests 19 26. Acts prohibited in such forests 19 27. Power to declare forest no longer reserved 24 CHAPTER III OF VILLAGE-FORESTS 28. Formation of village-forests 24 CHAPTER IV OF PROTECTED FORESTS 29. Protected forests 25 30. Power to issue notification reserving trees, etc. 26 31.Publication of translation of such notification in neighbourhood 27 32. Power to make rules for protected forests 27 33.Penalties for acts in contravention of notification under SeCtion 30 or of rules under section 28 34.Nothing in this Chapter to prohibit acts done in certain cases 30 CHAPTER V OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT 35.Protection of forests for special purposes 31 36.Power to assume management of forests 33 37.Expropriation of forests in certain cases 34 38. Protection of forests at request of owners 34 CHAPTER VI OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 39 Power to impose duty on timber and other forest-produce 39 40.Limit not to apply to purchase-money or royalty 40 CHAPTER VII OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 41.Power to make rules to regulate transit of forest produce 40 41A.Powers of Central Government as to movements of timber across customs frontiers 43 42.Penalty for breach of rules made under section 41 43.Government and Forest-officers not liable for damage to forest-produce at depot 44 44 All persons bound to aid in case of accidents at depot 44 CHAPTER VIII OF THE COLLECTION OF DRIFT AND STRANDED TIMBER 45.Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly 45 46.Notice to claimants of drift timber 45 47.Procedure on claim preferred to such timber 45 48. Disposal of unclaimed timber 46 49.Government and its officers not liable for damage to such timber 46 50.Payments to be made by claimant before timber is delivered to him 46 51. Power to make rules and prescribe penalties 46 CHAPTER IX PENAL TIES AND PROCEDURE 52 Seizure of property liable to confiscation 48 53 Power to release property seized under section 52 64 54. Procedure thereupon 65 55. Forest-produce, tools; etc., when liable to confiscation 66 56.Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed 67 57. Procedure when offender not known or cannot be found 68 58.Procedure as to perishable property siezed under section 52 69 59.Appeal from orders under section 55, section 56 or section 57 70 60.Property when to vest in Government 73 61.Saving of power to release property seized 74 62. Punishment for wrongful seizure 81 63.Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks 82 64.Power to arrest without warrant 82 65.Power to release on a bond a person arrested 83 66.Power to prevent commission of offence 84 67.Power to try offences summarily 85 68.Power to compound offences 87 69.Presumption that forest-produce belongs to Government 90 CHAPTER X CA TILE-TRESPASS 70.Cattle-trespass Act, 1871, to apply 90 71.Power to alter fines fixed under that Act 90 CHAPTER XI OF FOREST-OFFICERS 72.State Government may invest Forest-officers with certain powers 91 73.Forest-officers deemed public servants 91 74.Indemnity for acts done in good faith 91 75.Forest-officers not to trade 92 CHAPTER XII SUBSIDIARY RULES 76.Additional powers to make rules 92 77.Penalties for breach of rules 93 78.Rules when to have force of law 93 CHAPTER XIII MISCELLANEOUS 79. Persons bound to assist Forest-officers and Police-officers 94 80.Management of forests the joint property of Government and other persons 95 81. Failure to perform service for which a share in produce of Government forest is employed 97 82. Recovery of money due to Government 97 83.Lien on forest-produce for such money 99 84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894 99 85. Recovery of penalties due under bond 100 86. Saving for rights of Central Government 101 87.[Repealed] 101 THE SCHEDULE.-[Repealed] 101 THE FOREST (CONSERVATION) ACT, Introduction 102 1.Short title, extent and commencement 103 2.Restriction on ilie dereserva tion of forests or use of forest land for non-forest purpose 103 2A.Appeal to National Green Tribunal 104 3.Constitution of Advisory Committee 104 3A. Penalty for contravention of the provisions of the Act 104 3B. Offences by authorities and Government departments 104 4. Power to make rules 104 5. Repeal and saving 105 THE FOREST (CONSERVATION) RULES, 2003 Rules 1. Short title, extent and commencement 106 2. Definitions 106 3. Composition of the Forest Advisory Committee 106 3A. Constitution of the Regional Empowered Committee 107 4. Terms of appointment of non-official members shall be as follows 107 5. Conduct of business of the Committee 108 6. Submission of proposals seeking approval of the Central Government under section 2 of the Act 108 7. Committee to advise on proposals received by the Central Government 111 9. Proceedings against persons guilty of offences under the Act 112 APPENDIX 113 FORM A.-Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities 113 FORM B.-Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities in respect of renewal of leases, which have been earlier granted clearance under Forest (Conservation) Act, 1980 116
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Book CEPT Library BK 634.9 Available 020692
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Contents
Introduction 1
Sections
CHAPTER I PRELIMINARY
1. Short title and extent 2
2. Interpretation clause 3
CHAPTER II OF RESERVED FORESTS
3. Power to reserve forests 6
4. Notification by State Government 7
5. Bar of accrual of forest-rights 8
6. Proclamation by Forest Settlement-officer• 9
7. Inquiry by Forest Settlement-officer 9
8. Powers of Forest Settlement-officers 9
9. Extinction of rights 9
10. Treatment of claims relating to practice of shifting cultivation 10
11. Power to acquire land over which right is claimed 10
12. Order on claims to rights of pasture or to forest-produce 11
13. Record to be made by Forest Settlement-officer 11
14. Record where he admits claim 11
15. Exercise of rights admitted 12
16. Commutation of rights 12
17. Appeal from order passed under section 11, section 12,
section 15 or section 16
18. Appeal under section 13
19. Pleaders 14
20. Notification declaring forest reserved 14
21. Publication of translation of such notification in neighbourhood of forest 18
22. Power to revise arrangement made under section 15 or section 18 .
23. No right acquired over reserved forest, except as here provided 18
24. Rights not to be alienated wiiliout sanction 19
25. Power to stop ways and water-courses in reserved forests 19
26. Acts prohibited in such forests 19
27. Power to declare forest no longer reserved 24
CHAPTER III OF VILLAGE-FORESTS
28. Formation of village-forests 24
CHAPTER IV OF PROTECTED FORESTS
29. Protected forests 25
30. Power to issue notification reserving trees, etc. 26
31.Publication of translation of such notification in neighbourhood 27
32. Power to make rules for protected forests 27
33.Penalties for acts in contravention of notification under SeCtion 30 or of rules under section 28
34.Nothing in this Chapter to prohibit acts done in certain cases 30
CHAPTER V OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
35.Protection of forests for special purposes 31
36.Power to assume management of forests 33
37.Expropriation of forests in certain cases 34
38. Protection of forests at request of owners 34
CHAPTER VI OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39 Power to impose duty on timber and other forest-produce 39
40.Limit not to apply to purchase-money or royalty 40
CHAPTER VII OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41.Power to make rules to regulate transit of forest produce 40
41A.Powers of Central Government as to movements of timber across customs frontiers 43
42.Penalty for breach of rules made under section 41
43.Government and Forest-officers not liable for damage to forest-produce at depot 44
44 All persons bound to aid in case of accidents at depot 44
CHAPTER VIII OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45.Certain kinds of timber to be deemed property of Government until
title thereto proved, and may be collected accordingly 45
46.Notice to claimants of drift timber 45
47.Procedure on claim preferred to such timber 45
48. Disposal of unclaimed timber 46
49.Government and its officers not liable for damage to such timber 46
50.Payments to be made by claimant before timber is delivered to him 46
51. Power to make rules and prescribe penalties 46
CHAPTER IX PENAL TIES AND PROCEDURE
52 Seizure of property liable to confiscation 48
53 Power to release property seized under section 52 64
54. Procedure thereupon 65
55. Forest-produce, tools; etc., when liable to confiscation 66
56.Disposal on conclusion of trial for forest-offence, of produce in
respect of which it was committed 67
57. Procedure when offender not known or cannot be found 68
58.Procedure as to perishable property siezed under section 52 69
59.Appeal from orders under section 55, section 56 or section 57 70
60.Property when to vest in Government 73
61.Saving of power to release property seized 74
62. Punishment for wrongful seizure 81
63.Penalty for counterfeiting or defacing marks on trees and timber
and for altering boundary marks 82
64.Power to arrest without warrant 82
65.Power to release on a bond a person arrested 83
66.Power to prevent commission of offence 84
67.Power to try offences summarily 85
68.Power to compound offences 87
69.Presumption that forest-produce belongs to Government 90
CHAPTER X CA TILE-TRESPASS
70.Cattle-trespass Act, 1871, to apply 90
71.Power to alter fines fixed under that Act 90
CHAPTER XI OF FOREST-OFFICERS
72.State Government may invest Forest-officers with certain powers 91
73.Forest-officers deemed public servants 91
74.Indemnity for acts done in good faith 91
75.Forest-officers not to trade 92
CHAPTER XII SUBSIDIARY RULES
76.Additional powers to make rules 92
77.Penalties for breach of rules 93
78.Rules when to have force of law 93
CHAPTER XIII MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers 94
80.Management of forests the joint property of Government and other persons 95
81. Failure to perform service for which a share in produce of Government forest is employed 97
82. Recovery of money due to Government 97
83.Lien on forest-produce for such money 99
84. Land required under this Act to be deemed to be needed for a
public purpose under the Land Acquisition Act, 1894 99
85. Recovery of penalties due under bond 100
86. Saving for rights of Central Government 101
87.[Repealed] 101
THE SCHEDULE.-[Repealed] 101
THE FOREST (CONSERVATION) ACT,
Introduction 102
1.Short title, extent and commencement 103
2.Restriction on ilie dereserva tion of forests or use of forest
land for non-forest purpose 103
2A.Appeal to National Green Tribunal 104
3.Constitution of Advisory Committee 104
3A. Penalty for contravention of the provisions of the Act 104
3B. Offences by authorities and Government departments 104
4. Power to make rules 104
5. Repeal and saving 105
THE FOREST (CONSERVATION) RULES, 2003
Rules
1. Short title, extent and commencement 106
2. Definitions 106
3. Composition of the Forest Advisory Committee 106
3A. Constitution of the Regional Empowered Committee 107
4. Terms of appointment of non-official members shall be as follows 107
5. Conduct of business of the Committee 108
6. Submission of proposals seeking approval of the
Central Government under section 2 of the Act 108
7. Committee to advise on proposals received by the Central Government 111
9. Proceedings against persons guilty of offences under the Act 112
APPENDIX 113
FORM A.-Form for seeking prior approval under section 2
of the proposals by the State Governments and other authorities 113
FORM B.-Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities in respect of renewal of leases, which have been earlier granted clearance under Forest (Conservation) Act, 1980 116

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