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Pakistan (Punjab) Legislation |
THE
(Act
XVI of 1927)
C O N T E N T S
Section Heading
Chapter
I
Preliminary
1. Short title and extent.
2. Interpretation clause.
Chapter
II
Of
Reserved Forests
3. Powers to reserve forest.
4. Notification by Government.
5. Bar
of accrual of forest-rights.
6. Proclamation
by
7. Inquiry by
8. Powers of
9. Extinction of rights.
10. Treatment of claims
relating to practice of shifting cultivation.
11. Power to acquire land over which right is claimed.
12. Order on claims to rights of pasture or to forest-produce.
13. Record to be made by
14. Record where he admits claim.
15. Exercise of rights admitted.
16. Commutation of rights.
17. Appeal from order passed under section 11, section 12,
section 15 or section 16.
18. Appeal under section 17.
19. Pleaders.
20. Notification declaring forest reserved.
21. Publication of
translation of such notification in neighbourhood of forest.
22. Power to revise arrangement made under section 15 or
section 18.
23. No right acquired over
reserved forest, except as here provided.
24. Rights not to be alienated without sanction.
25. Power to stop ways and watercourses in reserved forests.
26. Offences relating to reserved forests.
26-A. Removal of encroachments etc., from reserved forests.
27. Power to declare forest no longer reserved.
Chapter
III
Of
Village-Forests
28. Formation of village forests.
28-A. Unclassed forests.
Chapter
IV
Of
Protected Forests
29. Protected forests.
30. Power to issue notification reserving trees, etc.
31. Publication of
translation of such notification in neighborhood.
32. Power to make rules for protected forests.
33. Offences relating to protected forests.
33-A. Power of Court to convict trespasser.
34. Nothing in this Chapter to prohibit acts done in certain
cases.
34-A. Power to declare forest no longer protected.
Chapter
V
Of the
not being the property of
Government
35. Protection of forests for special purposes.
36. Power to assume management of forests.
37. Expropriation of forests in certain cases.
38. Protection of forests at request of owners.
Chapter
VI
Of
the duty on Timber and
other
Forest-Produce
39. Power to impose duty on timber and other forest-produce.
40. Limit not to apply to purchase-money or royalty.
Chapter
VII
Of the control of Timber and
other Forest-Produce in transit
41. Power to make rules to regulate, transit of forest-produce.
41-A. Powers of Government as to movements of timber across Customs
frontiers.
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. All persons bound to aid in case of accident at depot.
Chapter
VIII
Of
the Collection of Drift
and
Stranded Timber
45. Certain kinds of timber
to be deemed property of Government until title thereto provided, and may be
collected accordingly.
46. Notice to claimants of drift timber.
47. Procedure on claim preferred to such timber.
48. Disposal of unclaimed timber.
49. Government and its
officers not liable for damage to such timber.
50. Payments to be made by claimant before timber is delivered
to him.
51. Power to make rules and prescribe penalties.
Chapter
IX
Penalties
and Procedure
52. Seizure of property liable to confiscation.
53. Power to release property.
54. Procedure thereupon.
55.
56. Disposal on conclusion of trial for forest-offence, of
produce in respect of which it was committed.
57. Procedure when offender not known, or cannot be found.
58. Procedure as to perishable property seized under section
52.
59. Appeal from orders under
section 55, section 56, or section 57.
60. Property when to vest in Government.
61. Power to release a seized property.
62. Punishment for wrongful seizure.
63. Penalty for counterfeiting or defacing marks on trees and
timber and for altering boundary marks.
64. Power to arrest without warrant.
64-A. Procedure relating to arrests, searches, etc.
65. Power to release an arrested person.
66. Power to prevent commission of offence.
67. Powers to try offences summarily.
68. Power to compound offences.
68-A. Reward in forest cases.
69. Presumption that forest-produce belongs to Government.
Chapter
X
Cattle-Trespass
70. Cattle-Trespass Act, 1871, to apply.
71. Powers to alter fines.
Chapter
XI
Of
Forest-Officers
72. Government may invest Forest-officers with certain powers.
73. Forest-officers deemed public servants.
74. Indemnity for acts done in good faith.
75. Forest-officers not to trade.
Chapter
XII
Subsidiary
Rules
76. Additional powers to make rules.
77. Penalty for breach of rules.
78. Rules when to have force of law.
CHAPTER
XII-A
FOREST
COMPANY
78-A.
78-B. Procedure for partnership.
Chapter
XIII
Miscellaneous
79. Persons bound to assist Forest-officers and
Police-officers.
80. Management of forests the joint property of Government and
other persons.
80-A. Public private partnership.
81. Failure to perform service for which a share in produce of Government forest is enjoyed.
82. Recovery of money due to Government.
83. Lien on forest-produce for such money.
84. Land required under this Act to be deemed to be needed for
a public purpose under the Land Acquisition Act, 1894.
85. Recovery of penalties due under bond.
85-A. [Saving for rights of Government] Omitted.
86. Repeals.
The Schedule
[Repealed]
[1]THE
(Act
XVI of 1927)
[
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:-
Chapter
I
Preliminary
1. Short title and extent.- (1) This Act may be called the [2][* * *] Forest
Act, 1927.
[3][(2) It extends to the
(3) [4][* * * * * * * * * * * *].
[5][2. Interpretation clause.- In this Act-
(a) "cattle" includes ungulate, camel, buffalo,
horse, mare, gelding, pony, bull, colt, filly, mule, ass, pig, ram, sheep,
lamb, goat,
heifer, bullock and cow;
(b) "Code" means Code of Criminal Procedure, 1898
(V of 1898);
[6][(ba) "Department" means the Forestry, Wildlife and Fisheries Department
of the Government;]
(c) "forest' means a reserved forest, protected
forest, unclassed forest and village forest and includes wasteland or
rangeland;
[7][(ca) "forest
company" means a company established under the Act;]
(d) "forest land" means a piece of land notified by
the Government as the forest land to develop, protect and conserve forest and
includes
a rangeland and wasteland;
(e) "forest land use" means use of a piece of land
for development, conservation and preservation of a forest;
(f) "forest offence" means an offence punishable
under the Act or the rules;
(g) "forest officer" means a person appointed by
the Government as the forest officer;
(h) "forest produce" includes the following,
whether found in or brought from a forest-
(i) timber, firewood, charcoal, catechu,
wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahaua
seeds (kuth) and myrobolam;
(ii) tree and leaves, flowers, seeds and fruits,
and any other part or produce not hereinbefore mentioned, of a tree;
(iii) plant not being a tree (including shrub,
grass, creeper, reed, moss, mushroom, herb, medicinal plant and brushwood) and
any other
part or produce of a plant;
(iv) wild animal and skin, tusk, horn, bone, silk,
cocoon, honey, wax and any other part or produce of an animal;
(v) peat, surface soil, rock and mineral
(including limestone, laterite, mineral oil, and any other product of mines or
quarries);
(vi) natural spring; and
(vii) any other produce which may be notified as
forest produce by the Government.
(i) "forest settlement officer" means a person
appointed by the Government as the forest settlement officer;
(j) "Government" means the Government of the
(k) "private public partnership" means management
of a forest as joint venture with a company, individual or entity;
(l) "protected forest" means a forest notified as
protected forest under the Act;
(m) "reserve forest" means a forest notified as
reserved forest under the Act;
(n) "river" includes any stream, canal, creek or
other channel, natural or artificial;
(o) "rules" means the rules made under the Act;
(p) "trespass" means a person or persons entering
a forest with tools and equipment helpful in commission of a forest offence;
(q) "timber"
includes wood (firewood, brushwood, twig, sawdust, chips), whether obtained by
falling of a tree or plant or without it;
(r) "tree" includes a woody plant, palm, bamboo,
stump, brushwood and cane;
(s) "unclassed forest" means a wasteland notified
as the unclassed forest under the Act;
(t) "village forests" means a forest notified as
the village forest under the Act; and
(u) "wasteland"
includes an uncultivated or uncultivable land notified as the wasteland by the
Government.]
Chapter
II
Of Reserved
Forests
3. Powers to reserve forest.- The [8][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.
4. Notification by [9][Government].- (1) Whenever it has been decided to constitute
any land a reserved forest, the [10][Government]
shall issue a notification in the [11][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
Explanation- For the purpose of
clause (b), it shall be sufficient to describe the limits of the forest by
roads, rivers, bridges 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
(3) Nothing in this
section shall prevent the [12][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.
5. 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 [13][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 [14][Government] in this behalf.
6. Proclamation
by Forest Settlement-officer.- When a notification
has been issued under section 4, the
(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 or section 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.
7. 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 or section 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.
8. Powers of Forest Settlement-officer.- 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
9. 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.
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 [15][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 [16][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
(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 practice
shifting cultivation therein under such conditions as he may
prescribe.
[17][(3-a) If the
admission of any claim, right or interest in a forest is found detrimental to
the forest, the Government may acquire the right
or interest in accordance with
the provisions of the Land Acquisition Act 1894 (I of 1894) and may entrust the
powers of Collector
under the Land Acquisition Act 1894 (I of 1894) upon a
forest settlement officer.]
(4) All arrangements made
under sub-section (3) shall be subject to the previous sanction of the [18][Government].
(5) The practice of
shifting cultivation shall in all cases be deemed a privilege subject to control,
restriction and abolition by the
[19][Government].
[20][(6) The forest
settlement officer may permit the practice of shifting cultivation for a period
not exceeding three years, in case of undeveloped
wasteland in order to develop
it into a productive forest, in accordance with the provisions of this 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
(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[21].
(3) For the purpose of so
acquiring such land-
(a) the forest Settlement-officer shall be deemed to be a [22][District Officer (Revenue)] proceeding under the Land Acquisition Act, 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 [23][District Officer (Revenue)], 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.
12. Order on claims to rights of pasture or to forest-produce.- In the case 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.
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.
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.
15. Exercise
of rights admitted.- (1) After making such record the Forest
Settlement-officer shall, to the best of his ability, and 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
(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 [24][Government].
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 [25][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.
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 [26][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 or section 16, present an appeal from such order to
such officer of the Revenue Department,
of rank not lower than that of a [27][District Officer (Revenue)], as the [28][Government] may, by notification in the [29][official Gazette], appoint to hear appeals from such orders:
Provided that the [30][Government]
may establish a Court (hereinafter called the
18. Appeal
under section 17.- (1) Every
appeal under section 17 shall be made by petition in writing, and may be
delivered to the
(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
(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 to revision by the [32][Government],
be final.
19. Pleaders.- The [33][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
20. Notification
declaring forest reserved.- (1) When the following events have occurred,
namely:-
(a) the period fixed
under section 6 for preferring claims has 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 11,
elected to acquire
under the Land Acquisition Act, 1894[34], have become
vested in the Government under section 16 of that Act,
the [35][Government]
shall publish a notification in the [36][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.
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.
22. Power to revise arrangement made under section 15 or section 18.- The [37][Government] may, within five years from the publication of any notification
under section 20, revise any arrangement made under section
15 or section 18,
and may for this purpose rescind or modify any order made under section 15 or
section 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.
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 [38][on behalf of
the Government] or some person in whom such right was vested when the
notification under section 20 was issued.
24. Rights
not to be alienated without sanction.- (1) Notwithstanding anything contained in
section 23, no right continued under clause (c) of sub-section (2) of section
15 shall be
alienated by way of grant, sale, lease, mortgage or otherwise,
without the sanction of the [39][Government]:
Provided
that, when any such right is appendant to any land or house, it may be sold or
otherwise alienated with such land or house.
(2) No timber of 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.
25. Power to
stop ways and watercourses in reserved forests.- The Forest-officer may, with the previous
sanction of the [40][Government] or
of any officer duly authorised by it in this behalf, stop any public or private
way or watercourse in a reserved forest,
provided that a substitute for the way
or water-course so stopped, which the [41][Government]
deems to be reasonably convenient, already exists, or has been provided or
constructed by the Forest-officer in lieu
thereof.
[42][26. Offences relating to reserved forests.- (1) A person, who in a reserved forest-
(a) makes fresh clearing which is prohibited
under section 5;
(b) kindles fire or burns fire in the manner
which endangers the forest or sets on fire any plant or tree;
(c) causes damage by negligently felling a tree,
cutting or dragging any timber;
(d) cuts or damages any plant;
(e) fells, girdles, lops, taps or burns a tree or
strips off a bark or leaves of a tree or otherwise damages the same;
(f) quarries stones, mines, minerals, burns lime
or charcoal, or collects or removes any forest produce;
(g) constructs any building, structure, hutment
or cattle pen;
(h) clears
or breaks up any land for cultivation or any other purpose;
(i) encroaches upon the forest land;
(j) causes damage or tempers with barbed wire,
or fence erected in or around the forest;
(k) contravenes any rules relating to hunting,
shooting, fishing, or setting up traps or snares;
(l) kindles, keeps or carries any fire except
during such season as the forest officer may notify in this behalf;
(m) trespasses or pastures cattle, or permits
cattle to trespass;
(n) removes or causes damage to the soil, water,
natural vegetation (shrubs, herbs and plants), fish, wild animals and wild
birds;
(o) damages any structures such as water channel,
check dam, embankment, reservoir or pond;
(p) changes the land use for the purpose other
than development, preservation or conservation of the forest or park; and
(q) installs
a saw mill, charcoal kiln or establishes timber or firewood depot or operates
any mechanical aid designed to cut, fashion
or convert a tree or timber or
fabricates wood into articles of furniture, building materials, joinery or
articles of domestic or
commercial use in or within five mile
radius of the forest;
shall be punished in accordance with the provisions
of this section.
(2) If
a person contravenes any provision of sub-section (1), the person shall be
liable to punishment of imprisonment for a term which
may extend to six months
or fine mentioned in sub-section (3) or to both [43][but the fine shall not be less than the value of damage caused to the
forest produce assessed by the Department].
(3) The
value of the damage caused due to the offence and corresponding amount of fine
for the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees [44][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees
[45][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred
and fifty thousand rupees [46][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five
hundred thousand rupees [47][but shall not be less than the value of damage caused to the forest
produce assessed by the Department]; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage [48][but shall not be less than the value of damage caused to the forest
produce assessed by Department].
[49][(3-a) In case an offender refuses to pay the value of damage and
corresponding amount of fine for the offence, the imprisonment period shall
be:
(a) seven days if the damage is worth above twenty-five
thousand rupees but less than fifty thousand rupees;
(b) ten days if the damage is worth above fifty thousand
rupees but less than seventy-five thousand rupees;
(c) fifteen days if the damage is worth above seventy-five
thousand rupees but less than one hundred thousand rupees;
(d) one month if the damage is worth above one hundred
thousand rupees but less than one hundred fifty thousand rupees;
(e) two months if the damage is worth above one hundred
fifty thousand rupees but less than two hundred fifty thousand rupees;
(f) three months if the damage is worth above two hundred
fifty thousand rupees but less than five hundred thousand rupees;
(g) four months if the damage is worth above five hundred
thousand rupees but less than seven hundred thousand rupees;
(h) five months if the damage is worth above seven hundred
thousand rupees but less than ten hundred thousand rupees; and
(i) six months if the damage is worth above ten hundred
thousand rupees.]
(4) If a person commits any offence under this
section after sunset and before sunrise or where the person has been previously
convicted
for a forest offence, the person shall be liable to punishment of
imprisonment which may extend to one year or double of the fine
mentioned in
sub-section (3) or to both.
(5) Nothing
in this section shall be deemed as an offence, if the act is done-
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act,
rules, grant or contract made by the Government.
(6) If
fire in a reserved forest is caused willfully or by
gross negligence, the Government may suspend exercise of any or all rights of
pasture or to forest produce, for such period
as it may determine.
(7) The
Government may, after affording an opportunity of hearing and for reasons to be
recorded in writing, extinguish a right or interest
of a person in a reserved
forest.
(8) The forest officer shall seize the forest
produce in respect of which an offence is committed together with any tool,
carriage wagon,
cart or other vehicle for transport and anything used in the
commission of the offence.]
[50][26-A. Removal
of encroachments etc., from reserved forests.- (1) A Court convicting an accused person of an
offence under clause (h) of sub-section (1) of section 26 shall direct the
accused,
if he or any other person on his behalf be in possession of the land
in respect of which he is convicted, to deliver possession of
the same within
such period not exceeding thirty days, as the Court may fix in this behalf, to
the prescribed Forest Officer, and
to remove within the said period any
encroachments which the accused may have put up or erected on such land.
[51][(2) If the Court directs an
accused person under sub-section (1) to deliver possession of land in a
reserved forest to the prescribed
forest officer or to remove the encroachment
and the person fails to deliver the possession or remove the encroachment
within the
specified period, the Court may-
(a) direct ejectment of the person from the land or removal of the encroachment with such force as may be necessary and in such manner as may be prescribed;
(b) impose upon the accused person, a fine which
may extend to one thousand rupees for every day, after the period fixed by the
Court
under the provisions of sub-section (1) has expired and the person
remains in possession of the land or fails to remove the encroachment
on such
land; and
(c) direct the accused person to pay to the Government the expenditure incurred by the Government on removal of the encroachment.]
[52][27. Power to declare forest no longer reserved.- (1)
The Government shall not declare or notify a reserved forest or any part of the
reserved forest as being no longer reserved forest.
(2) The Government shall
not allow change in land use of a reserved forest, except for the purposes of
right of way, building of roads
and development of a
[53][(3)
Notwithstanding anything contained in this section, the Government, with the
approval of the Provincial Cabinet, may, by notification
in the official
Gazette, declare a reserved forest or any part of a reserved forest as no
longer reserved forest, if the organization
requiring reserved forest land:
(a) satisfies the Government with cogent reasons
in writing that there is no other option but to use the proposed reserved
forest land
for purposes of a national project of strategic importance;
(b) provide a substitute plant-able land agreed
to by the Government, which is:
(i) equal to or bigger than the reserved forest
land;
(ii) in a compact form and is, as far as possible,
situated close to the reserved forest land; and
(c) provide funds for immediate forestation and
maintenance of the substitute land as may be prescribed.
(4) The Government shall, by notification, declare the
substitute land provided under subsection (3) as the reserved forest.]
Chapter III
Of Village-Forests
28. Formation
of village forests.- (1) The [54][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.
[55][(2) The Government may
make rules for management of a village-forest, conditions under which the
village community may use the forest
produce other than timber and pasture and
duties of the village community for the protection and improvement of the
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.
[56][28-A. Unclassed forests.- (1) The Government may, by
notification, declare a wasteland, not being a reserved forest or protected
forest, as unclassed forest.
(2) The
Government may, by notification, direct that all or any provisions of this Act
relating to a reserved forest or protected forest,
shall apply to an unclassed
forest.
(3) The Government may
make rules for management of an unclassed forest.]
Chapter
IV
Of
Protected Forests
29. Protected
forests.- (1)
The [57][Government]
may, by notification in the [58][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 [59][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 wasteland,
the [60][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 [61][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.
30. Power to issue notification reserving trees, etc.- The [62][Government] may, by notification in the [63][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 [64][Government]
thinks fit, and that the rights of private persons, if any, over such portion
shall be suspended during such term, provided
that the remainder of such forest
be sufficient, and in a locality reasonably convenient, for the due exercise of
the rights 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.
31. Publication
of translation of such notification in neighbourhood.- The [65][District
Officer (Revenue)] 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.
[66][32. Power to make rules for protected forests.- The
Government may make rules to regulate the following matters in relation to a
protected forest-
(a) cutting, sawing,
conversion and removal of trees and timber, and the collection, manufacture and
removal of forest-produce;
(b) granting of
licence to an inhabitant of a town or village in the vicinity of the protected
forest to use forest produce and withdrawal
of the licence;
(c) granting of
licence to a person for felling or removing a tree or timber or other
forest-produce for the purpose of trade and withdrawal
of the licence;
(d) payment that a
licensee is required to make in respect of the licence, tree, timber or forest
produce;
(e) examination of
forest produce passing out of the forest;
(f) clearing
or breaking up of land for cultivation or any other purpose;
(g) protection from
fire of the timber lying in the forest and a tree reserved under section 30;
(h) cutting of grass
and pasturing of cattle;
(i) hunting,
shooting, fishing, poisoning water and setting trap or snare;
(j) protection and
management of any portion of the forest closed under section 30;
(k) exercise of a
right under section 29;
(l) quarrying or
mining of stones or minerals, burning of lime or charcoal, collection or
removal of any forest produce;
(m) soil, water,
natural vegetation, fish, wild animals and wild birds;
(n) change of land use
in the forest;
(o) protection of the
forest land from encroachment;
(p) water
channels, check dams, embankments, reservoirs and ponds;
(q) construction of a
building, structure, hutment and cattle pen;
(r) installation of a
saw mill or operation of any mechanical aid designed to cut, fashion or convert
tree or timber or fabrication of
wood into articles of furniture, building
material, joinery or articles of domestic or commercial use in the forest or
within five
miles radius of the forest; and
(s) barbed wire fence
in or around the forest.]
[67][33. Offences relating to protected forests.- (1) A person, who in a protected forest-
(a) fells,
girdles, lops, taps or burns a tree reserved under section 30, or strips off
the bark or leaves from, or otherwise damages,
the tree;
(b) contrary to any prohibition under section 30,
quarries any stone, or burns any lime or charcoal, or collects, subjects to any
manufacturing
process, or removes any forest produce;
(c) contrary to any prohibition under section 30,
breaks up or clears for cultivation or any other purpose any land of the
forest;
(d) sets
or kindles fire without taking reasonable precautions to prevent its spreading
to any tree reserved under section 30, whether
standing, fallen or felled, or
to any closed portion of the forest;
(e) leaves any fire burning in the vicinity of any
reserved tree or closed portion of the forest;
(f) fells any tree or drags any timber and damages
any reserved tree;
(g) permits cattle to damage any reserved tree;
and
(h) infringes any rule made under section 32;
shall
be punished in accordance with the provisions of this section.
(2) If
a person contravenes any provision of sub-section (1), the person shall be
liable to punishment of imprisonment for a term which
may extend to six months
or fine mentioned in sub-section (3) or to both [68][but the fine shall not be less than the value of damage caused to the
forest produce assessed by the Department].
(3) The
value of the damage caused due to the offence and corresponding amount of fine
for the offence shall be as follows:-
(a) if the damage is worth one thousand rupees or
less, the fine may extend to ten thousand rupees [69][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(b) if the damage is worth more than one thousand
rupees but less than ten thousand rupees, the fine may extend to fifty thousand
rupees
[70][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(c) if the damage is worth more than ten thousand
rupees but less than twenty-five thousand rupees, the fine may extend to one
hundred
and fifty thousand rupees [71][but shall not be less than the value of damage caused to the forest
produce assessed by the Department];
(d) if the damage is worth more than twenty-five
thousand rupees but less than one hundred thousand rupees, the fine may extend
to five
hundred thousand rupees [72][but shall not be less than the value of damage caused to the forest
produce assessed by the Department]; and
(e) if the damage is worth more than one hundred
thousand rupees, the fine may extend to ten times value of the damage [73][but shall not be less than the value of damage caused to the forest
produce assessed by Department].
[74][(3-a) In case an offender refuses to pay the value of damage and
corresponding amount of fine for the offence, the imprisonment period shall
be:
(a) seven days if the damage is worth above twenty-five
thousand rupees but less than fifty thousand rupees;
(b) ten days if the damage is worth above fifty thousand
rupees but less than seventy-five thousand rupees;
(c) fifteen days if the damage is worth above seventy-five
thousand rupees but less than one hundred thousand rupees;
(d) one month if the damage is worth above one hundred
thousand rupees but less than one hundred fifty thousand rupees;
(e) two months if the damage is worth above one hundred
fifty thousand rupees but less than two hundred fifty thousand rupees;
(f) three months if the damage is worth above two hundred
fifty thousand rupees but less than five hundred thousand rupees;
(g) four months if the damage is worth above five hundred
thousand rupees but less than seven hundred thousand rupees;
(h) five months if the damage is worth above seven hundred
thousand rupees but less than ten hundred thousand rupees; and
(i) six months if the damage is worth above ten hundred
thousand rupees.]
(4) If a person commits any offence under this
section after sunset and before sunrise or where the person has been previously
convicted
for a forest offence, the person shall be liable to punishment of
imprisonment which may extend to one year or double of the fine
mentioned in
sub-section (3) or to both.
(5) Nothing
in this section shall be deemed as an offence, if the act is done-
(a) with the permission in writing of the forest
officer, or in accordance with the rules; and
(b) in exercise of any right under the Act, rules,
grant or contract made by the Government.
(6) If
fire in a protected forest is caused willfully or by
gross negligence, the Government may suspend exercise of any or all rights of
pasture or to forest produce, for such period
as it may determine.]
[75][33-A. Power
of Court to convict trespasser.- (1)
A Court convicting an accused person of an office under clause (c) of
sub-section (1) of section 33, shall direct the accused,
if he or any other
person on his behalf be in possession of the land in respect of which he is
convicted to deliver possession of
the same within such period not exceeding
thirty days as the Court may fix in this behalf, to the prescribed Forest-officer,
and
to remove within the said period any encroachment which the accused may
have put up or erected on such land.
[76][(2) If a person fails
to deliver possession of land to the forest officer or to remove the
encroachment in contravention of the order
of the Court under sub-section (1)-
(a) the Court may order ejectment of the person
from the land or removal of the encroachment with such force as may be
necessary and in the manner as may be prescribed;
(b) the person shall be liable to fine which may
extend to one thousand rupees for every day during which the person remains in
possession
of the land or fails to remove the encroachment after the expiry of
the period fixed by the Court under sub-section (1); and
(c) the Government may recover from the person
the expenditures incurred on removal of the encroachment as arrears of land
revenue.]]
34. 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, or
in accordance
with rules made under section 32, or except as regards any
portion of a forest closed under section 30, or as regards any rights
the
exercise of which has been suspended under section 33, in the exercise of any
right recorded under section 29.
[77][34-A. Power to declare forest no longer protected.- (1) The Government shall not
declare or notify a protected forest or any part of the protected forest as
being no longer protected
forest.
(2) The Government shall not allow change in land
use of a protected forest, except for the purposes of right of way, building of
roads
and development of a
[78][(3) Notwithstanding
anything contained in this section, the Government, with the approval of the
Provincial Cabinet, may, by notification
in the official Gazette, declare a
protected forest or any part of a protected forest as no longer protected
forest, if the organization
requiring reserved forest land:
(a) satisfies the Government with cogent
reasons in writing that there is no other option but to use the proposed
protected forest land
for purposes of a national project of strategic importance;
(b) provide a substitute plant-able land
agreed to by the Government, which is:
(i) equal to or bigger than the protected forest
land;
(ii) in a compact form and is, as far as possible,
situated close to the protected forest land; and
(c) provide funds for immediate forestation
and maintenance of the substitute land as may be prescribed.
(4)
The Government shall, by notification, declare the substitute land provided
under subsection (3) as the protected forest.]
Chapter
V
Of the
not being the property of
Government
35. Protection
of forests for special purposes.- (1) The [79][Government]
may, by notification in the [80][official
Gazette], regulate or prohibit in any forest or waste-land-
(a) the
breaking up or clearing of land for cultivation;
(b) the
pasturing of cattle; or
(c) the
firing or clearing of the vegetation;
when such regulation or prohibition
appears necessary for any of the following purposes:-
(i) for
protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in
the valleys of hilly tracts, the prevention of land-slips or of the
formation
of ravines and torrents, or the protection of land against erosion, or the
deposit thereon of sand, stones or gravel;
(iii) for the
maintenance of a water-supply in springs, rivers and tanks;
(iv) for the
protection of roads, bridges, railways and other lines of communication;
(v) for the
preservation of the public health.
(2) The [81][Government]
may, for any such purpose, construct at its own expense, in or upon any forest
or waste-land, such work as it thinks
fit.
(3) No notification shall
be made under sub-section (1) nor shall any work be begun under sub-section
(2), until after the issue of a
notice to the owner of such forest or land
calling on him to show cause, within a reasonable period to be specified in
such notice,
why such notification should not be made or work constructed, as
the case may be, and until his objections, if any, and any evidence
he may
produce in support of the same, have been heard by an officer duly appointed in
that behalf and have been considered by the
[82][Government].
36. Power to assume management of forests.- (1) In case of neglect of, or
wilful disobedience to, any regulation or prohibition under section 35, or if
the purposes of any work
to be constructed under that section so require, the [83][Government] may, after notice in writing to the owner of such forest or
land and after considering his objections, if any, place
the same under the
control of a Forest-officer, and may declare that all or any of the provisions
of this Act relating to reserved
forests shall apply to such forest or land.
(2) The net profits, if any, arising from the
management of such forest or land shall be paid to the said owner.
37. Expropriation
of forests in certain cases.- (1) In any case under this Chapter in which
the [84][Government]
considers that , in lieu of placing the forest or land under the control of a
Forest-officer, the same should be acquired
for public purposes, the [85][Government]
may proceed to acquire it in the manner provided by the Land Acquisition Act,
1894[86].
(2) The owner of any
forest or land comprised in any notification under section 35 may, at any time
not less than three or more than twelve
years from the date thereof, require
that such forest or land shall be acquired for public purposes, and the [87][Government]
shall acquire such forest or land accordingly.
38. Protection
of forests at request of owners.- (1) The owner of any land or, if there be more
than one owner thereof, the owners of shares therein amounting in the aggregate
to
at least two-thirds thereof may, with a view to the formation or
conservation of forests thereon, represent in writing to the [88][District
Officer (Revenue)] their desire-
(a) that such land be managed on their behalf by
the Forest-officer as a reserved or a protected forest on such terms as may be
mutually
agreed upon; or
(b) that
all or any of the provisions of this Act by applied to such land.
(2) In
either case, the [89][Government] may, by notification in the [90][official Gazette], apply to such land such provisions of this Act, as
it thinks suitable to the circumstances thereof and as may
be desired by the
applicants.
Chapter
VI
Of the Duty
on Timber and other Forest-Produce
39. Power to
impose duty on timber and other forest-produce.- (1) The [91][Government]
may levy a duty in such manner, at such places and at such rates as it may
declare by notification in the [92][official
Gazette] on all timber or other forest-produce-
(a) which is produced in [93][
(b) which is brought from any place outside [95][
[97][* * * *
* * * * * * * *]
(2) In every case in
which such duty is directed to be levied ad
valorem, the [98][Government]
may fix by like notification the value on which such duty shall be assessed.
[99][* * * *
* * * * * * * * *]
40. Limit
not to apply to purchase-money or royalty.- Noting in this Chapter shall be deemed to
limit the amount, if any, chargeable as purchase-money or royalty on any timber
or other
forest-produce, although the same is levied on such timber or produce
while in transit, in the same manner as duty is levied.
Chapter
VII
Of the
Control of Timber and other
Forest-Produce
in Transit
41. Power to
make rules to regulate, transit of forest-produce.- (1) The control of all rivers and their banks
as regards the floating of timber, as well as the control of all timber and
other forest-produce
in transit by land or water, is vested in the [100][Government],
and it may make rules to regulate the transit of all timber and other
forest-produce.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may-
(a) prescribe the routes by which alone timber or
other forest-produce may be imported, exported or moved into, from or within [101][the Province];
(b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;
(c) provide for the issue, production and return
of such passes and for the payment of fees therefor;
(d) provide for the stoppage,
reporting examination and marking of timber or other forest-produce in transit,
in respect of which there
is reason to believe that any money is payable to [102][the Government] on account of the price thereof, or on account of any
duty, fee, royalty or charge due thereon, or, to which it is
desirable for the
purposes of this Act to affix a mark;
(e) provide
for the establishment and regulation of depots to which such timber or other
produce shall be taken by those incharge of it
for examination, or for the
payment of such money, or in order that such marks may be affixed to it; and
the conditions under which
such timber or other produce shall be brought to,
stored at and removed from such depots;
(f) prohibit the closing up or obstructing of the
channel or banks of any river used for the transit of timber or other
forest-produce,
and the throwing of grass, brushwood, branches or leaves into
any such river or any act which may cause such river to be closed or
obstructed;
(g) provide for the prevention or removal of any
obstruction of the channel or banks of any such river, and for recovering the
cost of
such prevention or removal from the person whose acts or negligence
necessitated the same;
[103][(h) prohibit
absolutely or subject to conditions, within stipulated local limits, the
establishment of sawpit, sawmill, charcoal kiln,
timber or fire wood depot
within five miles radius of the forest, converting, cutting, burning,
concealing or making of timber, altering
or effacing of any mark on the same or
possession or carrying of marking hammer; and]
(i) regulate the use of property marks for
timber, and the registration of such marks; prescribe the time for which such
registration
shall hold good; limit the number of such marks that may be
registered by any one person, and provide for the levy of fees for such
registration.
(3) The [104][Government]
may direct that any rule made under this section shall not apply to any
specified class of timber or other forest-produce
or to any specified local
area.
[105][41-A. Powers
of [106][Government] as to movements of timber across
Customs frontiers.- Notwithstanding anything in section 41, the [107][Government]
may make rules to prescribe the route by which alone timber or other
forest-produce may be imported, exported or moved
into or from [108][Pakistan]
across any customs frontier as defined by the [109][Government],
and any rules made under section 41 shall have effect subject to the rules made
under this section.]
42. Penalty
for breach of rules made under section 41.- [110][(1) If a person contravenes any rule, the Government may
prescribe that the person shall be liable to imprisonment which may extend
to
six months or fine which may extend to one million rupees or to both.]
(2) Such rules may provide that penalties which
are double of those mentioned in sub-section (1) may be inflicted in cases
where the offence
is committed after sunset and before sunrise, or after
preparation for resistance to lawful authority, or where the offender has
been
previously convicted of a like offence.
43. Government
and Forest-officers not liable for damage to forest-produce at depot.- The [111][Government]
shall not be responsible for any loss or damage which may occur in respect of
any timber or other forest-produce while
at a depot established under a rule
made under section 41, or while detained elsewhere, for the purposes of this
Act; and no Forest-officer
shall be responsible for any such loss or damage,
unless he causes such loss or damage negligently, maliciously or fraudulently.
44. All
persons bound to aid in case of accident at depot.- In case of any accident or emergency involving
danger to any property at any such depot, every person employed at such depot,
whether
by the [112][Government] or
by any private person, shall render assistance to any Forest-officer or
Police-officer demanding his aid in averting
such danger or securing such
property from damage or loss.
Chapter
VIII
Of the
Collection of Drift and Stranded Timber
45. Certain
kinds of timber to be deemed property of Government until title thereto
provided, and may be collected accordingly.- (1) All timber found adrift, beached, stranded
or sunk;
all wood or timber bearing marks which have not been registered
in accordance with the rules made under section 41, or on which the
marks have
been obliterated, altered or defaced by fire or otherwise; and
in such areas as the [113][Government]
directs, all unmarked wood and timber;
shall be deemed to be the
property of Government, unless and until any person establishes his right and
title thereto, as provided
in this Chapter.
(2) Such timber may be
collected by any Forest-officer or other person entitled to collect the same by
virtue of any rule made under section
51, and may be brought to any depot which
the Forest-officer may notify as a depot for the reception of drift timber.
(3) The [114][Government]
may, by notification in the [115][official
Gazette] exempt any class of timber from the provisions of this section.
46. Notice to claimants of drift timber.- Public notice shall from time to
time be given by the Forest-officer of timber collected under section 45. Such
notice shall contain
a description of the timber, and shall require any person
claiming the same to present to such officer, within a period not less
than two
months from the date of such notice, a written statement of such claim.
47. Procedure on claim preferred to such timber.- (1) When any such
statement is presented as aforesaid, the Forest-officer may, after making such
inquiry as he thinks fit, either
reject the claim after recording his reasons
for so doing, or deliver the timber to the claimant.
(2) If
such timber is claimed by more than one person, the Forest-officer may either
deliver the same to any of such persons whom he deems
entitled thereto, or may
refer the claimants to the Civil Courts, and retain the timber pending the
receipt of an order from any
such Court for its disposal.
(3) Any
person whose claim has been rejected under this section may, within three
months from the date of such rejection, institute a
suit to recover possession
of the timber claimed by him; but no person shall recover any compensation or
costs against the [116][Government], or against any Forest-officer, on account of such
rejection, or the detention or removal of any timber, or the delivery
thereof
to any other person under this section.
(4) No such timber shall
be subject to process of any Civil, Criminal or
48. Disposal of unclaimed timber.- If no such statement is presented as
aforesaid, or if the claimant omits to prefer his claim in the manner and
within the period fixed
by the notice issued under section 46, or on such claim
having been so preferred by him and having been rejected, omits to institute
a
suit to recover possession of such timber within the further period fixed by
section 47, the ownership of such timber shall vest
in the government, or ,
when such timber has been delivered to another person under section 47, in such
other person free from all
encumbrances not created by him.
49. Government and its officers not liable for damage to such timber.- The [117][Government] shall not be responsible for any loss or damage which may
occur in respect of any timber collected under section 45,
and no Forest-officer
shall be responsible for any such loss or damage, unless he causes such loss or
damage negligently, maliciously
or fraudulently.
50. Payments
to be made by claimant before timber is delivered to him.- No person shall be entitled to recover possession
of any timber collected or delivered as aforesaid until he has paid to the
Forest-officer
or other person entitled to receive it such sum on account
thereof as may be due under any rule made under section 51.
51. Power to
make rules and prescribe penalties.- (1) The [118][Government]
may make rules to regulate the following matters, namely:-
(a) the salving, collection and disposal of all
timber mentioned in section 45;
[119][(b) the use and
registration of boats and other vehicles used in salving and collecting timber;]
(c) the amounts to be paid for salving,
collecting, moving, storing or disposing of such timber; and
(d) the use and registration of hammers and other
instruments to be used for marking such timber.
[120][(2) If a person
contravenes any rule made under this section, the Government may prescribe that
the person shall be liable to imprisonment
which may extend to six months or
fine which may extend to one million rupees or to both.]
Chapter
IX
Penalties
and Procedure
52. Seizure
of property liable to confiscation.- (1) When there is reason to believe that a
forest-offence has been committed in respect of any forest-produce, such
produce, together
with all tools, boats, [121][vehicles] or
cattle used in committing any such offence, may be seized by any Forest-officer
or Police-officer.
(2) 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:
Provided that, when the forest-produce
with respect to which such offence is believed to have been committed is the
property of Government,
and the offence is unknown, it shall be sufficient if
the officer makes, as soon as may be, a report of the circumstances to his
official superior.
[122][53. Power to release property.- A forest officer, not being
below the rank of a Ranger, may release a tool, boat, vehicle or cattle, not
being the forest produce,
seized under section 52, on the execution of a bond
by the owner of the property before the Magistrate, as and when required.]
54. Procedure
thereupon.- Upon the receipt of any such report, the
Magistrate shall, with all convenient despatch, take such measures as may be
necessary for
the arrest and trial of the offender and the disposal of the
property according to law.
55. Forest
produce, tools, etc., when liable to confiscation.- (1) All timber or forest-produce which is not
the property of Government and in respect of which a forest-offence has been
committed,
and all tools, boats, [123][vehicles] and
cattle used in committing any forest-offence, shall be liable to confiscation.
(2) Such confiscation may be in addition to any
other punishment prescribed for such offence.
56. 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, if
it is the property of Government or has
been confiscated, 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.
57. 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, or to be made over
to
the person whom the Magistrate deems to be entitled to the same:
Provided that no such order shall be made until the expiration
of one month from the date of seizing such property, or without hearing
the
person, if any, claiming any right thereto, and the evidence, if any, which he
may produce in support of his claim.
58. Procedure
as to perishable property seized under section 52.- The Magistrate may, notwithstanding anything
hereinbefore contained, 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.
59. Appeal
from orders under section 55, section 56, or section 57.- The officer who made the seizure under section
52, or any of his official superiors, or any person claiming 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
therefrom to the Court to which
orders made by such Magistrate are ordinarily
appealable, and the order passed on such appeal shall be final.
60. Property
when to vest in Government.- When an
order for the confiscation of any property has been passed under section 55 or
section 57, as the case may be, and the period
limited by section 59 for an
appeal from such order has elapsed, and no such appeal has been preferred, or
when, on such an appeal
being preferred, the appellate Court confirms such
order in respect of the whole or a portion of such property, such property or
such portion thereof, as the case may be, shall vest in the Government free
from all encumbrances.
[124][61. Power to release a seized property.-
Notwithstanding anything contained in this Chapter, an officer, authorized in
this behalf by the Government, may direct immediate
release of any property,
which is wrongfully seized under this Act, not being the property of the
Government.]
62. Punishment for wrongful seizure.- Any Forest-officer
or Police-officer who vexatiously and unnecessarily seizes any property on
pretence of seizing property liable
to confiscation under this Act 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.
[125][63. Penalty for counterfeiting or defacing
marks on trees and timber and for altering boundary marks.- (1) If a person, with intent to
cause damage or injury to the public or to any other person, or to cause
wrongful gain-
(a) knowingly counterfeits upon any timber or
standing tree a mark used by a forest officer to indicate that the timber or
tree is the
property of the Government or of some person, or that it may
lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark
placed on a tree or timber by or under the authority of a forest officer; or
(c) alters, moves, destroys or defaces any
boundary-mark of a forest or wasteland to which the provisions of this Act are
applied;
the person shall be liable to imprisonment for a term which
may extend to two years or fine which may extend to one million rupees
or to
both.
(2) If
the offence under this section is committed after sunset and before sunrise or
the accused is a previous convict for a forest offence,
the accused person
shall be liable to double of the penalty prescribed under sub-section (1).]
[126][64. Power to arrest without warrant.- (1) A forest officer,
authorized by the Government may, without warrant, arrest a person, who is
found committing an offence punishable
with imprisonment under this Act.
(2) A
forest officer may seize any forest-produce, tool or vehicle used in the
commission of an offence under the Act.
(3) The
forest officer shall produce the person arrested under the Act before the
nearest Magistrate within twenty-four hours of the arrest
or release the
arrested person on bond or send the arrested person to the nearest police
station.
(4) The
forest officer shall produce the seized property before the Magistrate.]
[127][64-A. Procedure relating to arrests, searches,
etc.- (1)
If a forest officer arrests a person or seizes a property, he shall, within
twenty-four hours after the arrest or seizure, make
a report of the particulars
of the arrest or seizure to his immediate superior officer.
(2) A forest officer may, without search warrant,
search any vehicle, boat or place, suspected or likely to be used for the
commission
of an offence under this Act.
(3) The provisions of the Code relating to arrest,
seizure and search shall, as nearly as possible, apply to the arrest, seizure
and search
under the Act.
(4) A forest officer, not below the rank of a
divisional forest officer, shall, within ten days of the arrest or seizure,
submit a report
before the Magistrate in the prescribed manner and such report
shall be deemed as the report under section 173 of the Code.
(5) The Magistrate may conduct an enquiry or trial
of an offence punishable under the Act in accordance with the procedure
prescribed
for the enquiry or trial under the Code.]
[128][65. Power to release an arrested person.- A
forest officer, not being below the rank of a Ranger, who has arrested any
person under this Act, may release the person, if the
person executes a bond to
appear before the Magistrate, forest officer or officer incharge
of the nearest police station.]
66. Power to
prevent commission of offence.- Every Forest-officer and Police-officer shall
prevent, and may interfere for the purpose of preventing, the commission of any
forest-offence.
[129][67. Powers to try offences summarily.- (1) Notwithstanding anything
contained in the Code, a Magistrate empowered in this behalf by the Government,
may summarily try an
offence punishable under this Act and impose a punishment
of imprisonment for a term not exceeding six months or fine not exceeding
one
million rupees or to both.
(2) The
Magistrate shall conduct the trial of an offence under the Act in accordance
with the provisions of Chapter XXII of the Code relating
to the summary trials.]
68. Power to compound offences.- [130][(1) The Government may, by notification, confer power on a
forest officer-
(a) to accept from a person against whom a
reasonable suspicious exists that he has committed any forest offence, other
than an offence
specified in section 62 or section 63, a sum of money which is
not less than the value of loss to the property of the Government,
as
compensation for the offence; and
(b) when
any property has been seized, not being the property of the Government, to
release the property on payment or without payment
of compensation, as may be
prescribed.]
(2) On the payment of
such sum of money, or such value, or both, as the case may be, to such officer,
the suspected person, if in custody,
shall be discharged, the property, if any,
seized shall be released, and no further proceedings shall be taken against
such person
or property.
(3) [131][* * * * * * * * * * *]
[132][68-A. Reward in forest cases.- The Government may, by
notification and in the prescribed manner, allow a forest officer to reward a
subordinate forest officer from
the compensation recovered by the forest
officer under section 68 which amount shall not be more than three fourth of
the amount
of compensation recovered from the person.]
69. 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.
Chapter
X
Cattle-Trespass
70. Cattle-Trespass Act, 1871, to apply.- Cattle trespassing in a reserved
forest or in any portion of a protected forest which has been lawfully closed
to grazing shall be
deemed to be cattle doing damage to a public plantation
within the meaning of section 11 of the Cattle-Trespass Act, 1871[133], and may be seized and impounded as such by any Forest-officer or
Police-officer.
[134][71. Powers to alter fines.- The Government may, by
notification, direct that in lieu of the fines fixed under section 12 of the Cattle-Trespass Act 1871 (I
of 1871), the owner or occupant of the cattle, impounded under section 70,
shall pay the fines,
as the Government deems appropriate but such fines shall
not exceed the following amounts:-
for
each buffalo or camel one
thousand rupees
for
each horse, mare, gelding, pony, colt, filly,
mule,
bull, bullock, cow or heifer five
hundred rupees
for
each calf, ass, ram, ewe, sheep, lamb or goat two
hundred rupees.]
Chapter
XI
Of
Forest-Officers
72. [135][Government] may invest
Forest-officers with certain powers.- (1) The [136][Government]
may invest any Forest-officer with all or any of the following powers, that it
to say:-
(a) power to enter upon any land and to survey,
demarcate and make a map of the same;
(b) the powers of a
(c) power to issue a search-warrant under the Code
of Criminal Procedure, 1898[137]; and
(d) power to hold an inquiry into forest-offences,
and, in the course of such inquiry, to receive and record evidence.
(2) Any evidence recorded
under clause (d) of sub-section (1) shall be admissible in any subsequent trial
before a Magistrate, provided
that it has been taken in the presence of the
accused person.
73. Forest-officers deemed public servants.- All Forest-officers shall be
deemed to be public servants within the meaning of the Pakistan Penal Code[138].
74. 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.
75. Forest-officers not to trade.- Except with the permission in
writing of the [139][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 [140][Pakistan].
Chapter
XII
Subsidiary
Rules
76. Additional
powers to make rules.- The [141][Government]
may make rules-
(a) to prescribe and limit the powers and duties
of any Forest-officer under this Act;
(b) to regulate the rewards to be paid to officers
and informers out of the proceeds of fines and confiscation under this Act;
(c) for the preservation, reproduction and
disposal of trees and timber belonging to Government, but grown on lands
belonging to or in
the occupation of private persons; and
(d) generally, to carry out the provisions of this
Act.
[142][77. Penalty for breach of rules.- If a person contravenes any rule made under
this Act and for which no penalty is provided under the Act, the person shall
be liable
to imprisonment for a term which may extend to six months or fine
which may extend to ten thousand rupees or to both.]
78. Rules
when to have force of law.- All rules made by the [143][Government]
under this Act shall be published in the [144][official
Gazette], and shall thereupon, so far as they are consistent with this Act,
have effect as if enacted therein.
[145][CHAPTER XII-A
FOREST
COMPANY
78-A.
(2) The
Government may, by notification in the official Gazette, assign a blank forest
land or wasteland owned by the Government to a
forest company.
(3) The
Government shall not notify a forest land or wasteland under subsection (2)
unless the nature and extent of the rights of the
Government and of private
persons in or over the forest land or wasteland have been inquired into and
recorded at a survey or settlement
or in such other manner as the Government
deems appropriate.
(4) Subject to
the Companies Ordinance, 1984 (XLVII of
1984), the Government may constitute the Board of Directors of a forest
company with equal representation from public and private sectors
to manage
functioning of the forest company.
(5) The forest
company shall, in addition to its Articles of Association and Memorandum of
Association, comply with the provisions of
this Act and the rules.
78-B. Procedure for partnership.- (1) The forest company shall invite applications of eligible persons
through a public notice, published in at least two national
daily newspapers,
for public private partnership for the development of forest on the forest land
or wasteland.
(2) The eligibility criteria
for an applicant shall include:
(a) availability
of required technical and other human resource to undertake the project;
(b) financial
capacity; and
(c) relevant
experience.
(3) The forest company shall execute the afforestation plan in
accordance with the Agreement signed with the successful applicant that
shall
not exceed fifteen years but it may contain provision for extension of the
Agreement for one more term of fifteen years subject
to satisfactory
performance by the applicant.
(4) The forest company and the person
occupying a forest land or wasteland under public private partnership shall
protect:
(a) the forest land or
wasteland from any type of encroachment or use other than the permitted or
permissible use under the Agreement,
this Act or the rules; and
(b) the forest produce from illegal removal, illegal cultivation or other
incidents such as forest fire, insect attack and diseases.
(5) The forest company shall deposit the
profit with the Government.
(6) The forest company shall maintain record of forest produce and
shall annually submit the record of the forest produce to the Government.
(7) The Government may notify a monitoring committee to monitor and evaluate
the afforestation plan of the forest company.
(8) The forest company and the occupant shall rectify any violations to
the afforestation plan specified by the monitoring committee within
sixty days.
(9) The Government may conduct third party
validation to evaluate performance of the forest company or any public private
partnership
project under the Act.]
Chapter
XIII
Miscellaneous
79. Persons
bound to assist Forest-officers and Police-officers.- (1) Every person who exercises any right in a [146][reserved, protected or unclassed forests], or who is
permitted to take any forest-produce from, or to cut and remove timber or to
pasture cattle in such forest, and every
person who is employed by any such
person in such forest, and every person in any village contiguous to such
forest who is employed
by the [147][Government],
or who receives emoluments from the [148][Government]
for services to be performed to the community, shall be bound to furnish
without unnecessary delay to the nearest Forest-officer
or Police-officer any
information he may possess respecting the commission of, or intention to
commit, any forest-offence, and shall
forthwith take steps, whether so required
by any Forest-officer or Police-officer or not,-
(a) to
extinguish any forest fire in such forest of which he has knowledge or
information;
(b) to prevent by any
lawful means in his power any fire in the vicinity of such forest of which he
has knowledge or information from
spreading to such forest,
and shall assist any Forest-officer or
Police-officer demanding his aid-
(c) in preventing the commission in such forest of any forest-offence;
and
(d) when there
is reason to believe that any such offence has been committed in such forest,
in discovering and arresting the offender.
(2) Any person who, being bound so to do, without
lawful excuse (the burden of proving which shall lie upon such person) fails-
(a) to furnish without unnecessary delay to the
nearest Forest-officer or Police-officer any information required by
sub-section (1);
(b) to take steps as required by sub-section (1)
to extinguish any forest fire in a reserved or protected forest;
(c) to prevent, as required by sub-section (1),
any fire in the vicinity of such forest from spreading to such forest; or
(d) to assist any
Forest-officer or Police-officer demanding his aid in preventing the commission
in such forest of any forest-offence,
or, when there is reason to believe that
any such offence has been committed in such forest, in discovering and
arresting the offender;
shall be punishable with imprisonment for
a term [149][which may extend to three months or with fine which may
extend to twenty-five thousand rupees or with both].
80. Management
of forests the joint property of Government and other persons.- (1) If the Government and any person be
jointly interested in any forest or waste-land, or in the whole or any part of
the produce
thereof, the [150][Government]
may either-
(a) undertake the
management of such forest, wasteland or produce, accounting to such person for
his interest in the same; or
(b) issue such
regulations for the management of the forest, waste-land or produce by the
person so jointly interested as it deems necessary
for the management thereof
and the interests of all parties therein.
(2) When the [151][Government]
undertakes under clause (a) of sub-section (1) the management of any forest,
waste-land or produce, it may, by notification
in the [152][official
Gazette], declare that any of the provisions contained in Chapters II and IV
shall apply to such forest, waste-land or produce,
and thereupon such
provisions shall apply accordingly.
[153][80-A. Public private partnership.- (1) Subject to the Punjab Public Private Partnership Act 2014 (IX of 2014) and any other law for the time being in force, the Government may itself or through a forest company invite proposals for the development of a forest land or wasteland.
(2) The Government may itself or through a forest company enter into public private partnership for the development, preservation and conservation of a forest land or wasteland.
(3) Subject to the provisions of this Act, the Government may itself or through a forest company permit any person to use a blank forest land or wasteland for increase in the productivity of the forest.
(4) The Government shall not permit use of forest land or wasteland assigned to a forest company for:
(a) construction of any permanent structure; or
(b) change of land use for the purpose other than the development of forest or forest related activities.
(5) Subject to the Punjab Public Private Partnership Act 2014 (IX of 2014) and any other law for the time being in force, the Government or forest company shall enter into a detailed contractual arrangement with any person in accordance with the provision of this section.
(6) If, in the opinion of the Government or forest company, the person has violated any provision of the Act or the contractual arrangement, the Government may, in addition to any other penalty prescribed under the Act, recover possession of the forest land or wasteland from the occupant.
(7) Nothing in this section
shall be construed to allow the Government or forest company or any other
occupant of the forestland or wasteland
to permit or to do an act, which is
prohibited or punishable under the Act.]
81. Failure to perform service for which a share in produce of
Government forest is enjoyed.- If any person be entitled to a share in the
produce of any forest which is the property of Government or over which the
Government
has proprietary rights or to any part of the forest-produce of which
the Government is entitled, upon the condition of duly performing
any service
connected with such forest, such share shall be liable to confiscation in the
event of the fact being established to
the satisfaction of the [154][Government] that such service is no longer so performed:
Provided that no such share shall be confiscated until the
person entitled thereto, and the evidence, if any, which he may produce
in
proof of the due performance of such service, have been heard by an officer
duly appointed in that behalf by the [155][Government].
82. Recovery
of money due to Government.- All money payable to the Government under this
Act, or under any rule made under this Act, or on account of the price of any
forest-produce,
or of expenses incurred in the execution of this Act in respect
of such produce, 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.
83. Lien on forest-produce for such money.- (1) When any such money is payable for or in
respect of any forest-produce, the amount thereof shall be deemed to be a first
charge
on such produce, and such produce may be taken possession of by a
Forest-officer until such amount has been paid.
(2) If such amount is not
paid when due, the Forest-officer may sell such produce by public auction, and
the proceeds of the sale shall
be applied first in discharging such amount.
(3) The
surplus, if any, if not claimed within two months from the date of the sale by
the person entitled thereto, shall be forfeited
to [156][Government].
84. Land required under this Act to be deemed to be needed for a
public purpose under the Land Acquisition Act, 1894.- Whenever it appears to the [157][Government] that any land is required for any of the purposes of this Act,
such land shall be deemed to be needed for a public purpose
within the meaning
of section 4 of the Land Acquisition Act, 1894[158].
85. Recovery
of penalties due under bond.- When any
person, in accordance with any provision of this Act, or in compliance with any
rule made thereunder, binds himself by any
bond or instrument to perform any
duty or act, or covenants by any bond or instrument that he, or that he and his
servants and agents
will abstain from any act, the whole sum mentioned in such
bond or instrument as the amount to be paid in case of a breach of the
conditions thereof may, notwithstanding anything in section 74 of the Contract
Act, 1872[159], be recovered
from him in case of such breach as if it were an arrear of land-revenue.
[160][85-A. * * * * * * * * * * * * * *]
86. Repeals.- The
enactments mentioned in the schedule are hereby repealed to the extent
specified in the fourth column thereof.
The
Schedule
[Enactments Repealed]. Repealed by the Central Laws (Adaptation)
Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule.
[1]For statement of objects and reasons, see Gazette of India, 1926, Pt. V. p.
165, and for Report of Select Committee, see
ibid., p. 242.
It had been applied to Phulera in the
Excluded Area of Upper Tanawal to the extent the Act is
applicable in the N.W.F.P., and extended to the Excluded Area of Upper Tanawal (N.W.F.P.) other than Phulera
with effect from such date and subject to such modifications as may be
notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
[2]The word "Indian", omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of
1949).
[3]The original sub-section (2) has successively been amended by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949), the
Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951), the Central
laws (Statute Reform) Ordinance, 1960
(XXI of 1960), the Repealing and Amending
Ordinance, 1961 (I of 1961), Adaptation Order, 1961 and the Central Adaptation
of Laws
Order, 1964 (P.O. 1 of 1964), and, finally, by the Punjab Laws
(Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).
[4]Deleted by the
[5]Substituted by the
[6]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[7]Inserted by the
[8]Substituted for the words "Provincial Government" by
the
[9]Substituted for the words "Provincial Government" by
the
[10]Substituted for the words "Provincial Government" by
the
[11]Substituted for "local official Gazette", by the Government of
[12]Substituted for the words "Provincial Government" by
the
[13]The original words "on behalf of Govt." were first
substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937, as amended by the Government of India (Adaptation of Indian
Laws)
Supplementary Order, 1937, and,
then amended by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961),
Article 2 (with effect from the 23rd March, 1956),
to read as above.
[14]Substituted for the words "Provincial Government" by
the
[15]Substituted for the words "Provincial Government"
by the
[16]Substituted for the words "Provincial Government"
by the
[17]Inserted by the
[18]Substituted for the words "Provincial Government" by
the
[19]Substituted for the words "Provincial Government" by
the
[20]Inserted by the
[21]I of 1894.
[22]Substituted for the word "Collector" by the
[23]Substituted for the word "Collector" by the
[24]Substituted for the words "Provincial Government" by
the
[25]Substituted for the words "Provincial Government" by
the
[26]Substituted for the words "Provincial Government" by
the
[27]Substituted for the word "Collector" by the
[28]Substituted for the words "Provincial Government" by
the
[29]Substituted for "local official Gazette" by the Government of
[30]Substituted for the words "Provincial Government" by
the
[31]Substituted for the words "Provincial Government" by
the
[32]Substituted for the words "Provincial Government" by
the
[33]Substituted for the words "Provincial Government" by
the
[34]I of 1894.
[35]Substituted for the words "Provincial Government" by
the
[36]Substituted for "local official Gazette" by the Government of
[37]Substituted for the words "Provincial Government" by
the
[38]The original words "on behalf
of the Govt." were first substituted by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of Indian Laws)
Supplementary Order, 1937, and, then amended by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956),
to
read as above.
[39]Substituted for the words "Provincial Government" by
the
[40]Substituted for the words "Provincial Government" by
the
[41]Substituted for the words "Provincial Government" by
the
[42]Substituted by the
[43]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[44]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[45]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[46]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[47]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[48]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[49]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[50]Substituted by the Forest (
[51]Substituted by the
[52]Substituted by the
[53]New subsections (3) and (4) inserted by the
[54]Substituted by the
[55]Substituted by the
[56]Inserted by the
[57]Substituted by the
[58]Substituted for "local official Gazette" by the Government of
[59]Substituted for the words "Provincial Government" by
the
[60]Substituted for the words "Provincial Government" by
the
[61]Substituted for the words "Provincial Government" by
the
[62]Substituted for the words "Provincial Government" by
the
[63]Substituted for "local official Gazette" by the Government of
[64]Substituted for the words "Provincial Government" by
the
[65]Substituted for the word "Collector"
by the
[66]Substituted by the
[67]Substituted by the
[68]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[69]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[70]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[71]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[72]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[73]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[74]Inserted by the Forest (Amendment) Act 2022 (XXVII of 2022).
[75]Added by the Forest (
[76]Substituted by the
[77]Inserted by the
[78]New subsections (3) and (4) inserted by the
[79]Substituted for the words "Provincial Government" by
the
[80]Substituted for "local official Gazette" by the Government of
[81]Substituted for the words "Provincial Government" by
the
[82]Substituted for the words "Provincial Government" by
the
[83]Substituted for the words "Provincial Government" by
the
[84]Substituted for the words "Provincial Government" by
the
[85]Substituted for the words "Provincial Government" by
the
[86]I of 1894.
[87]Substituted for the words "Provincial Government" by
the
[88]Substituted for the word "Collector" by the
[89]Substituted for the words "Provincial Government" by
the
[90]Substituted for "local official Gazette" by the Government of
[91]Substituted for the words "Provincial Government" by
the
[92]Substituted for "local official Gazette", by the Government of
[93]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the
14th
October 1955), for "the Provinces and the Capital of the Federation",
which had been Substituted by Adaptation Order, 1949, for "
[94]The original words "the Govt." were first substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937, as amended
by the Government of India (Adaptation of Indian Laws) Supplementary Order,
1937, and, then amended by the Central Laws (Adaptation)
Order, 1961 (P.O. 1 of
1961), Article 2 (with effect from the 23rd March, 1956), to read as above.
[95]Substituted, by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the
14th October 1955), for "the Province and the Capital of
the Federation", which had been substituted by the Adaptation of Central
Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949), for "
[97]Proviso omitted by the Government of
[98]Substituted for the words "Provincial Government" by
the
[99]Sub-sections (3) and (4) omitted by the Forest Laws
Amendment Ordinance, 1962 (X of 1962), section 2.
[100]Substituted for the words "Provincial Government" by
the
[101]Substituted for "British
[102]The original word "Government" was first
substituted by the Government of
[103]Substituted by the
[104]Substituted by the
[105]Section 41-A, inserted by the Government of
[106]Substituted for the
words "Federal Government", by the
[107]Substituted for the
words "Federal Government", by the
[108]Substituted, by the Central
laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule
(with effect from the
14th October, 1955), for "the Provinces and the Capital
of the Federation" which had been substituted by the Adaptation of Central
Acts
and Ordinances Order, 1949 (G.G.O. 4 of 1949), for "
[109]Substituted for the words "Federal Government", by
the
[110]Substituted by the
[111]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
"Crown",
which had been substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian
Laws) Supplementary Order, 1937, for the word "Government".
[112]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
"Crown",
which had been substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian
Laws) Supplementary Order, 1937, for the word "Government".
[113]Substituted for the words "Provincial Government" by
the
[114]Substituted for the words "Provincial Government" by
the
[115]Substituted for "local
official Gazette" by the Government of
[116]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for
"Crown",
which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of
Indian Laws) Supplementary Order, 1937, for "Government".
[117]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for
"Crown",
which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of
Indian Laws) Supplementary Order, 1937, for "Govt".
[118]Substituted for the words "Provincial Government", by
the
[119]Substituted for the words "Provincial Government", by
the
[120]Substituted by the
[121]Substituted by the
[122]Substituted by the
[123]Substituted by the
[124]Substituted by the
[125]Substituted by the
[126]Substituted by the
[127]Inserted by the
[128]Substituted by the
[129]Substituted by the
[130]Substituted by the
[131]Omitted by the
[132]Inserted by the
[133]I of 1871.
[134]Substituted by the
[135]Substituted by the
[136]Substituted by the
[137]V of 1898.
[138]XLV of 1860.
[139]Substituted for the words "Provincial Government" by
the
[140]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and Schedule
(with effect from 14th October,
1955), for "the Provinces and the Capital of
the Federation", which had been substituted by the Adaptation of Central Acts
and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for "
[141]Substituted for the words "Provincial Government" by
the
[142]Substituted by the
[143]Substituted for the words "Provincial Government" by
the
[144]Substituted for "local
official Gazette" by the Government of
[145] New Chapter
inserted by the
[146]Substituted for the words "reserved or protected
forest" by the
[147]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
"Crown",
which had been substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian
Laws) Supplementary Order, 1937, for "Government".
[148]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
"Crown",
which had been substituted by the Government of India (Adaptation of Indian
Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian
Laws) Supplementary Order, 1937, for "Government".
[149]Substituted for the words "which may extend to one
month or with fine which may extend to two hundred rupees or with both" by the
[150]Substituted by the
[151]Substituted by the
[152]Substituted, for "local official Gazette" by the
Government of
[153]Substituted for the following by the
"80-A. Public private partnership for
development of forests.- (1) Subject to any other law, the Government may
invite proposals from the private sector for the development of a forest,
forest
land or wasteland.
(2) The Government may enter into public private
partnership for the development, preservation and conservation of a forest.
(3) Subject to the provisions of this Act, the
Government may permit any person to use a forest land or wasteland for-
(a) increase in the productivity of the forest;
(b) developing the
(c) developing a forest on a forest land or
wasteland; or
(d) developing forest based industry without
disturbing the natural features of the forest.
(4) The
Government shall not permit use of forest land or wasteland for-
(a) construction of a permanent structure; or
(b) change of land use for the purpose other than
development of forest or forest related activities; or
(c) a housing project.
(5) Subject to any other law, the Government
shall enter into a detailed contractual arrangement with any person in
accordance with the
provision of this section.
(6) If, in the opinion of the Government, the
person has violated any provision of the Act or the contractual arrangement,
the Government
may, in addition to any other penalty prescribed under the Act,
recover possession of the forest land or wasteland from the person.
(7) Nothing in this section shall be construed to
allow the Government or any person to permit or to do an act, which is
prohibited or
punishable under the Act."
[154]Substituted for the words "Provincial Government" by
the
[155]Substituted for the words "Provincial Government" by
the
[156]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2, for "His Majesty" (with effect from the 23rd
March, 1956).
[157]Substituted for the words "Provincial Government" by
the
[158]I of 1894.
[159]IX of 1872.
[160]Section 85-A omitted by the
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