The Kerala Forest Act, 1961

'\ • 14 THE KERALA FOREST ACT, 1961 (Act 4 of 1962) CoxrENTS Preamble. CHAPTER I Preliminary Sections. 1. Short title, extent and commencement. 2. Definitions. CHAPTER II Reserved Forests 3. Power to reserve forest~. 4. Notification by Government. 5. Suits barred 6. Proclamation by Forest Settlement Officer. 7. Bar of accrual of forest right, prohibition of clearings, etc. 8. Inquiry by Forest Settlement Officer. 9. Powers of Forest Settlement Officer. 10. Order on closing the inquiry. 11. Appeals from the orders of Settlement Officer. 12. Section 5 of the Limitation Act to apply. 13. Forest Settlement Officer to carry out the Appellate Court's Order. 14. Forest Settlement Officer to report to Government result of inquiry. 15. Procedure by Government in regard to admitted claims. 16. Claims to rights of way, etc. 17. Provision for right of pasture or to forest produce admitted. 18. Commutation of certain rights. 19. Nottfication declaring forests reserved. 20. Exttnction of rights not claimed and not known by inquiry. 21. Power of Government to redefine the limits of Reserved Forests in certain cases. 22. No right acquired over Reserved Forests except as herein provided. 23. Rights continued under section 17 not to be alienated without sanction. 24. Power to stop ways and water-course in Reserved Forest. • 15 Sections. 25. Power to revise arrangement made under sections 15, 16 or 17. 26. Power to declare forest no longer reserved. 27. Penaltif's for trespass or damage in Resened Forests and acts prohibited in such forests. 28. Suspension of rights in Reserved Forests. 29. Persons bound to assist Forest Officer and Police Officer. III CHAPTER Protection or Land at the Disposal or Government not included in Reserved Forests 30. Power to make Rules. 31. Power to close land against pasture. 32. Penalties. IV CHAPTER or the control over Forests and Lands not at the Disposal of Government or in which Government have a limited interest 33. On certain lands the breaking up or clearing for cultivation, etc., may be regulated or prohibited. 34. In the case of refusal by owner Government may take such lands on lease or acquire them. 35. Acquisition of forest or land under the rules in force for the acquisition of land for public purposes. 36. Protection of forests at request of owners. 37. Management of forests, the joint property of Government and other persons. 38. Persons employed to carry out the Act to be deemed Forest Officers. v CHAPTER Control over Timber and other Forest produce 39. Power to make rules t'J regulate trade and transit of timber and other forest produce. 40. Penalty for breach of rules made under section 39. 41. Holders of passes t produce the same for inspection. J VI CHAPTER or the collection of Drift and Stranded Timber 42. Certain kinds of timber to be deemed property of Government until tltle thereto proved, and may be collected accordmgly. '. l I • 16 Sections. 43. Notice to claimants of drift timber. 44. Procedure on claim preferred to such timber. -'j 45. Disposal of unclaimed timber. 46. Payments to be made by cla1mant before 'timber is delivered to him. 47. Power to make rules and prescribe penalties. CHAPTER VII . Preservation of Wild Elephants 48. Killing, etc., of wild elephants prohibited. 49. Punishment for killing, etc., wild elephants without authorisa tiOn. 50. Captured wild elephants and tusks and teeth of elephants k!lled, the property of Government. 51. Grant of permits for shooting or capturing of wild elephants. VIII CHAPTER Offences, Penalties and Procedure 52. Seizure of property liable to confiscation. 53. Power to release property seized under section 52. 54. Procedure thereupon. 55. Timber, forest produce, 'tools, etc., when liable to confiscation. 56. Disposal on conclusion of trial for forest offence, of produce in respect of which it w~s committed. 57. Procedure when offender is not known. I ' 58. Procedure as to perishable property seized under section 52. 59. Appeal from orders under sections 55, 56 and 57. 60. Property when to vest in Government. 61. Saving of power to release property seized. 62. Penalty for counterfeiting or defacing marks on trees and for altering boundary marks. 63. Power to arrest without warrant. 64. Power to release on bonds persons arrested under section 63. 65. Punishment for wrongful seizure or arrest. 66. Power to prevent commission of offence. 67. Operation of other laws not barred. 68. Power to compound offences. 69. Presumption that timber or forest produce belongs to Govern ment . .....__- • . - 17 IX CHAPTER Cattle Trespass Sections. 70. Cattle Trespass Act to apply. 71. Power to alter fines fixed by that Act. CHAPTER X Of Forest Officers 72. Investing Forest Officers with powers. 73. Forest Officers deemed public servants. 74. Indemmty for acts done m good faith. 75. Forest Officer not to trade. CHAPTER XI Miscellaneous 76. Additional power to make rules. 77. Rules to be laid before the Legislative Assembly. 78. Liability of persons engaged by Forest Officers. 79. Recovery of money due to Government. 80. Lien on forest produce for such money. 81. Land required under this Act to be deemed needed for a ;b public purpose. 82. Trees and timber standing on land granted for permanent cultivation. 83. Decision or order of Forest Settlement Officer to have the effect of Distnct Court decrees. 84. Punishment for abetment. 85. Repeal. 86. Delegation of powers of Government. Schedule 3/40-2 • 18 ACT 4 OF 1962 * THE KERALA FOREST ACT, 1961 An Act to u11ify and amend the law relatzng to the pr:Jtection and mahagement of /l. forests in the State of Kerala Preamble.-WHEREAS It is expedient to unify and amend the law relating to the protection and management of forests in the State of Kerala. BE it enacted in the Twelfth Year of the Republic of India as follows;- CHAPTER I Preliminary 1. Short title, extent and commencement.-( I) This Act may be called the Kerala Forest Act, 196 I. (2) It extends to the whole of the State of Kerala: Provided that the Government may, by notification in the Gazette, exempt any place f10m the operatiOn of the whole or any portion of the Act, but not so as to affect anythmg done, or any offence committed, or any fine imposed or penalty mcurred, or any proceedmgs commenced in such place before such exemption, and may m hke manner "ary or cancel such notification. (3) It shall come into force at once. 2. Defwitions.-In this Act, and in all rules made thereunder, unless the context otherwise requires,- (a) " Cattle" means cows, oxen and bulls and includes elephants, camels, buffaloes, horses, mares, geldmgs, pomes, colts, fiiiies, mules, asses, p.gs, rams, ewes, sheep, lambs, goats, kids and fowls and such other kmds of ammals as the Government may, by notification m the Gazette specify ; (b) "Collector" means the Chief Revenue Officer of a Disti ict and includes an actmg or officiatmg Collector, and also any Officer appointed by the Government to exercise the funct10ns of the Collector; (c) " Forest 08cer" means any person appointed by name or as holdmg an office by or unaer the orders of the Government to be a ChiefConseivator, a Conservator, Deputy Conservator, Assistant Con servator, Divisional Forest Officer, Ranger, Deputy Ranger, Forester, a Timber Depot Officer, Forest Guard, Forest PlantatiOn Maistry, \Vatcher, Game Warden, Assistant Game Warden, Game Ranger, Game Fore~ter, Game Guard, or to discharge any functiOn of a Forest -~- Officer under this Act or any rule made thereunder ; ----- 0 Pubhshed in the Gazette Extraordmary, dated the 18th day of January 1962. -------- ------------ • 19 (d) " Divisional Forest Officer " means the Chief Forest Officer of a Forest Division or a portion or portions of one or more Divisions, if in independent charge of such port1on or portions, when they are constituted into a Forest DiviSion ; (e) "-Forest Offence" means an offence punishable u~der this Act or any rule made thereunder ; (f) "Forest Produce " includes the following when found in oa· brought from, a forest, that is to say.- . (z) trees and leaves, flowers and fruits and all other parts or produce of trees, and charcoal, (u) plants not being trees (including grass, creepers, reeds and moss) and all other parts or produce of such plants, (m) wild animals and skins, tusks, horns, bones, silk cocoons, honey and wax and all other parts or produce of animals, (w) peat, surface soil, rock and minerals (mcludmg limestone and latente), mineral oils and all produce of mines and minerals ; (g) " Land at the disposal of Government" includes all unoc cupied land, all temporarily occupied land and all land occupied with out permission, whether assessed or unassessed ; but does not include land, the property of land holders such as Jcnmies, Devaswoms, or holders of Inam lands; also all holdmgs of land m any way subject to the payment of land revenue d1rect to Government and all other registered holdmgs of land m proprietary right ; (h) " Magistrate " means a Magistrate of the First or Second Class and mcludes a Magistrate of the Third Class when he is specially empowered by Government to try forest offences ; (z) "River" includes streams, canals, backwaters, creeks and other channels, natUI al or artlfic~al ; (J) " State " means the State of Kerala ; (k) " Timber " includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not ; and (l) "Tree" mcludes palms, bamboo~, stumps, burshwood and canes. CHAPTER II Reserved Forests 3. Power to reserve forests.-The Government may constitute any land at the dtsposal of the Government a Reserved Forest m the manner heremafter provided. 4. Notzficatzon by Govemment.-Whenever 1t i~ proposed to consti tute any land a Reserved Forest, the Government shall publish a notifi cation in the Gazette- (a) specifying as nearly a~ possible, the situation and limits of such land; (b) declaring that it is proposed to constitute such land a Reserved Forest; and 3j40-2a I ( • 20 (c) appointing an officer (hereinafter called the Forest Settlement Officer) to inquire in to and determine the existence, nature and extent of any nghts claimed by, or alleged to exist in favour of, any person in or over any land compnsed Within such limits, or to any forest produce of such land, and to deal with the same as provided in this Act. The officer appointed under dame (c) of this section shall ordina· rily be a peison other than a Forest 0 ficer; but a Fore~t Officer may be appomted by the Government to attend, on behalf of the Govern· ment, at the mquiry prescribed by this Chapter. 5. Suits barred.-Except as h~reinafter provided, no Civil Court shall, b~tween the dates of the publication of the notificatiOn unjer sec· tion 4, and of th:o: n::>t1fi::ation to b:! iss:.ted under seCtiOn 19, entertam any su1t agamst the Government to establish any right m or over any lands or to the fore>t produce of any land, mcluded 111 the notificatiOn published under s.ct10n 4. "6. Proclam 1tion by Fore.st Settlement Officer.-( I) When a notification has been issued under section 4, the Forest Settle.nent Officer shall pub lish in the Gazette and at the headquarters of each taluk in which any portion of the land included in such notification is situate, and m every town, village and headquarters of Panchayats in the neighbourhood of such land, a proclamation- (a) specifying, as nearly as possible, the situation and limits of the land proposed to be mcluded within the Reserved Forest, (b) settmg forth the substance of the provisions of section 7, (c) explaming the c:msequences wh1ch, as hereinafter provided, will ensue on the reservation of such forest, and (d) fixing a period not less than three and not exceeding six months from the date of publlshing such proclamation in the Gazette, and requiring every person claimmg any right referred to m secuon 4 either to present to such officer, Within such penod, a wntten statement specifymg, or to appear before him w1thm such penod and state, the nature of such right, and in either case, to produce all documents and other evidence in support thereof. · (2) The Forest Settlement Officer shall also serve a notice to the same effect on every known or reputed owner or occupier of any land included in or adJoining the land propo ed to be constituted a Reserved Forest, or on hi, recognised agent or manager. Such nol!ce may be sent by 1egistered post. 7. Bar of accrual of forest right, proh•bition of clearings, etc.-(1) Dur ing the interval between the publication of the proclamation under section 6 and the date fixed by the notification under section 19, no nght shall be acqlllred in or over the land included m such procldmatwn, except under a grant or contract in writmg made or entered into by, or on behalf of, the Government, or by, or on behalf of, some person in whom such right or power to create the same was vested when the pro clamation was published, or by succession from such person; and no clearings shall be made on such land, nor shall any person cut, --- .:____/ • collect, or remove any forest produce nor shall set fire to such land or kindle or leave burning any fire in such manner as to endanger the same. (2) No patfa shall, without the previous sanction of the Govern ment, be granted in such land, and every patta granted without such sanction shall be null and v01d. (3) Nothing in this section shall be deemed to prohibit any act· done with the permission in writing of the Forest Settlement Officer. 8. ln7uiry by Forest Settlem~nt Officer.-( I) The Forest Settlement Officer shall inquire into all claims made under section 6 recordmg all statements and the evidence m the manner prescribed by the Code of· Civil Procedure for appealable cases. (2) He shall, at the same time, consider and record any objection which the Forest Officer, if any, appointed under section 4 to atte'1d at the inquiry on behalf of the Government, may make to any such claim. (3) He may also inquire into and record the existence of any right referred to in section 4 and not claimed in answer to the notice' issued under section 6, so far as they are ascertainable from the records of the Government and the evidence of any person hkely to be acquaint ed with the same. 9. Pow•rs of ForPst Settlement 0./Jzcer.-For the· purpose' of such inquiry, the Forest Settlement Olhcer may exercise the following powers, namely.- (a) the power to enter by himself or to authorise any officer to enter upon any land, and to survey, demarcate and make a map of the same ;.and. ,(b) the powers of a Civil Court in the trial of suits. 10. Order on closing the inqwry.-(I) When the inqmry is com· pleted, the Forest Settlement Officer shall pass an order specifying the particulars of such claim and admitting or rejecting it wholly or in part. (2) When the claim admitted relates to any of the following rights.- (a) a right of way ; (b) a right to a water course, or to a use of water ; (c) a right of pasture ; (d) a right to forest produce ; and if such right is for the beneficial enjoyment of any land or building, he shall record the designation, position and area of such land and the designation and position of such building. (3) When the nght is a right to forest produce, he shall also record whether the forest produce obtained by the exercise of such right may be sold or bartered. II. Appeals from the orders of Settlem 111 • OjJice1 .-( 1) Where a claim 1s rejected '"holly or in part, the claimant may, within ninety days from --, • 22 the date of the order prefer an appeal to the District Court in respect of such rejection only. The time taken for obtdmmg copies of the order appealed agamst shall be excluded in computmg the period of nmety days. - -f· (2) Whenever a clatm is admttted in the first instance wholly or m part, a hke appeal may be preferred on behalf of Government by the Forest Officer appomted unde1 section 4, or other person generally or specially empowered by the Government m this behalf. J2 . Sectzon 5 of the Lzmztatwn Act to apply.-The provisions contained in section 5 of the L1m1tation Act shall apply to an appeal under section II. 13. Forest Settlement O.f!zcer to carry out the Appellate Court's Order. If the order 1s reversed or modified m appeal, the Forest Settlement Officer shall proceed to deal With It in like manner as 1f 1t had been in the first instance made by lumself. 14. Forest Settlement O.ffzcer to report to Government result of inquiry. 'When the following events have occurred, namely.- (a) the penod fixed under section 6 for preferring claims has elapsed, and no cla1m has been preferred; (b) all claims made w1thm such period have:bcen disposed of by the Forest Settlement Officer; (c J the period fixed by section II f01 appealing from the orders passed on such claims has elapsed ; and (d) an appeal, if any, presented wtthin such period ha~ been .J. disposed of by the appellate authority; 0.. the Forest Settlement Officer :,hall submit to the Government a report statmg that no claims have been preferred, or settmg forth the claims wh1ch have been finally admitted or rejected, as the case may be. 15. Procedure by Government zrz regard to admztted clazms.-( I) When the claim admttted relates to the nghts of the kind other than those spectfied in clauses (a), (b), (c) and (d) of sub-section (2) ofsect10n lO, the Govewment may- (t) come to an agreement with the claimant for the surrender of the nght, or (u) exclude the land from the limits of the proposed reserve, or (iu) proceed to acquue such land accordmg to the law for the time being in force for the acquisition of land for pubhc purposes. (2) For the purpose of acqmring such land- (a) the Forest Settlement Officer shall be deemed to be a Collector under the Land AcquisitiOn Act for the trme being in force ; (b) the claimdnt shall be deemed to be a person mterested and appearing before htm m pursuance of a not1ce gtven under the Travan- ,,S... co1 e Land A~.-qutsitwn Act XI of 1089 or the Cochin Land Acquis1tion ...: Art II of 1070 or ~ectwn 9 of the Land AcquisitiOn Act I of 1894 as applicable to the Malabar dtstrict refe n ed to in sub-section (2) of scct1on 5 of the States Reorganisation Act, 1956 (37 of 1956) ; / _j • 23 (c) the provisions of the said Acts shall be deemed to have been complied with ; and (d) notwithstanding anything contained in the Land Acquisi tion Act for the time being m force, the Forest Settlement Officer, w1th the sanction of Government and with. the consent of the claimant, or the Court with the consent of both the parties, may award compensa tiOn in land or partly in land and partly m money. 16. Claims to rights of way, etc.-When the claim admitted relates to a right of way or to a water course, or to a use of water, the Govern ment shall either come to Jn agreement with the cla1mant for the surrender of the right or pass an order admitting such right and provi .ing for the exercise of such right. 17. Prouiszon for rzght of pasture or to forest produce admitted.-When the claim adm1tted relates to a nght of pa,ture or to fo1est produce, the Government shall either come to a11 agreement with the claimant for the surrender of such nght or provide for the exercise of such nght- (a) by altering the limits of the proposed Reserved Forest so as to exclude land of suffic1ent extent of a suitable kind and in a locality resonably convenient for the purposes of the claimant. · (b) by recordmg an orde1· contmuing to the claimant a right of rasture or to the forest produce, as the case may be, subject to such rules as may be prescnbed by the Government. The order passed under clause (b) shall record as far as practicable, the number and description of cattle which the claima•1t 1s, from t1me to time, entitle to graze, the local hm1ts w1thin wh1ch and the se<~.sons durmg which such pasture is permitted, or the quantity of timber or other forest pwduce wh1ch the claimant is authorised to take or receive, the local hm1ts wtthm which, the season during which and the mode in wh1ch the taking of such produce ~~ permitted, and ~uch other parti culars as may be required in order to define the extent of the right which is continued and the mode m which it may be exercised. 18. Commutation of certam rightr.-Whenever, any right of way or to a water course or of a pasture or to forest produce admitted under section 16 or 17 is not provtded for in one of the ways prescribed therem, the Government shall, sub;ect to such rules as the Government may prescnbe m tlus behalf, commute such right by paymg a·surn of money in heu thereof or, With the consent of the claimant, by the grant of rights in or over land or in such other manner as the .Government think fit: Provided, however, that, if the claimant is not satisfied with the amount of money awarded by the Government, he may, within three months from the date of service of the order of commutatiOn, file a snit in the D1strict Court having JUrisdictiOn over the area for h •. wing the commutation value of such right determmed. 19. .Notifzcatzon declarmgjo1rsts reserued.-When the proceedings pres cribed in the preceding sect10ns have been taken, the Government ma) publish a notification in the Gazette spec1fymg the limits of the forcs~s ' I • 24 which it is intended to reserve and declaring the same to be reserved from a date to be fixed by such notification. Copies of the notification shall also be published at the head- quarters of each taluk in which any portion of the land included in such -.J notification is Situate, and in every town, village and headquarters of r Panchayats in the neighbourhood of such land. From the date so fixed, the forest shall be deemed to be a "Reserved Forest". 20. Extinction of rights not claimed and not fknown by inquiry. ( l) Rights in respect of which no claim has been preferred under section 6, and of the existence of which no knowledge has been acquired1 by inquiry under section 8, shall on the issue of the notification under sec tion 19, be extinguished, unless, before the publication of such notification the person cla1mmg them has satisfied the Forest Settlement Officer that he had sufficient cause for not preferrmg such claim within the period fixed under section 6, in wh1ch case, the Forest Settlement Officer shall proceed to dispose of the claim in the manner hereinbefore provided. (2) Notwithstanding the provisions contained in sub-section (I), a person who has not been able to prefer the claim before the Forest Settlement Officer under section 6 or before the publication of the notification under section 19 may institute a suit in the District Court for the award of compensation for any nghts extmguished under that ~ub-section within s1x months of the pubhcat1on of the notification under section 19 and the Com t may, if 1t is satisfied that he had such rights and there was sufficient cause for not preferring the claim before ~ the Forest Settlement Officer '"'ithin the penod referred to in sub- ... sectiQn (I), award compensation. 21. Power of Govmzment to redefine the limits of Reserved Forests in certam caJes .-(I) Where the description of the lim1ts of any Reserved Forest notified under sectiOn 19 1s defective or IS not clear m reference to existmg facts, the Government may, by notificatiOn in the Gazette, declare their intention to redefine the limits of such Reserved Forest so as to remove the defect or to make the descnptwn clear in reference to ex1,ting facts. Such notification shall spec1fy as nearly as possible the correctwns which 1t 1s proposed to effect to the lim1ts of the Reserved Forest, (2) On the issue of a notification under sub-section (I), the Divis10nal Forest Officer shall publish m the Gazette and in such other mdnnei as may be presc1ibed by rule~ m..tde in that behalf, a notice- (a) specifying the corrections proposed by the notification under ~ub-sectwn (I); and (b) stating that any objections which may be made in writing to the Divisional Forest Officer within a penod of thirty days from the date of publication of the notice will be considered by him. } (3) After the expiry of the period referred to in clause (b) of sub-section (2) and after considering the objectiOns, if any, received by h1m, the DivisiOnal Forest Officer shall submit to the Government • 25 through the Chief Conservator of Forests the record of the proceedings held by him together with a report thereon. (4) The Government may, after considering the report so sub mitted and the remarks, if any, of the Chief Conservator of Fore~ts, by notificatiOn m the Gazette redefine the hm1t of the Reserved Forest, as proposed by the notification under sub-sect10n (I) w1th such modifica tions as they think fit or without any modifications. (5) Save as provided in th1s section, it shall not be necessary to follow the procedure laid down in sections 4 to 18 before issuing a notification under sub-section ( 4). 22. No nght acquzred over Reserved Forests except as herem provzded. No nght of any description shall be acquired in or over a Reserved Forest except under a grant or contract 111 wnting made by or on behalf of the Government or by or on behalf of some person in whom such right or the power to create such right was vested when the notification under section 19 was publi~hed or by successiOn from such person: Provided that no patta shall, without the prevwus sanction of the Government, be granted for any land mciuded withm a Reserved Forest and every patta granted without such sanction shall be null and void. 23. Rzghts conlznued under section 17 not to be alunated wzthout sanctzon. -( 1) Notwithstanding anything herein contained, no right contmued under section 17 shall be alienated by way of grant, sale, lease, mortgage or otherwise, without the sanction of the Government : ,../J.... Provided that, when any such right is contmued for the bene- ficial enjoyment of any land or building, it may be sold or otherwise. alienated with such land or building, without such sanction. (2) Any alienation of right in contravention of this section shall be_null and void. (3) No forest produce obtained m exercise of any right continued. under sectiOn 17 shall be sold or bartered, except to the extent defined by the orde1 recorded under section 17. (4) Any person selling 01 ba1 tering any forest produce in con traventiOn of thi~ section shall be pumshed with fine which may extend to two hundred rupees. 24. Power to stop ways and water-course in Reserved Forest.-The Chief Conservator may, from time to time, with the previous sanction of the Government stop any public or private way or water-course in a Reserved Forest, provided that a rea~ouable convenient substitute for the .way or water-course so stopped already ex1sts or has been provided or constructed m heu thereof. 25. Power to remse arrangement made under sectzon 15, 16 or 17.-The Government may. Within five years from the pubhcat1on of any notifi cation under section 19, revise any arrangement made under sectwn 15, section 16 or sectwn 17 and may, for this purpose, rescind or mod1fy any order made under section 15 or section 16 or section 17 and direct that • 26 any one of the proceedings specified in section 17 be taken in lieu of any other of such proceedings, or that the rights admitted under section 17 be commuted under sect10n 18. 26. Power to declare forest no longer reserved-The Government may, by nottficatton in the Gazette, dirt"ct that, from a date to be fixed bv such notification, any forest or any portio·1 thet eof reserved or dee :ned to be reserved under this Act shall cease to be reserved. From the date so fixed, such forest or portion shall cease to be reserved ; but the rights if any which have been extinguished therein shall not revive in consequence of such cessation. 2 7. Penalties for trespass or damage in Reserved Forests and acts prohi bited tn such forests.- (I) Any person who- (a) makes any clearing prohibited by section 7 ; or (b) sets fire to a Reserved Forest or a Forest proposed to be reserved under section 6, or kindles or leaves burning any fire in such manner as to endanger the same ; or (c) sets fire to jungles, or forests, other than Reserved Forests and forests propose::! to be reserved under section 6, without taking precaut10nary measures to prevent the spread of fire into Rerserved Forests; or (d) knowingly receives or has in possession any major forest produce illicitly removed from a Rererved Forest; or who, in a Reserved forest; (e) clears, cultivates or breaks up any land for cultivation or for any other purpose or puts up any shed or other structures or plants trees; or (f) damages, alters or removes any wall, ditch, embankment, fence, edge, or railing ; or (g) fells, girdles, marks, lops, taps, uproots, burns, saws, converts or removes, any tree the value of which exceeds one hundred rupees, or strips off the bark or leaves from or otherwise damages the same, shall be pumshed with Imprisonment for a term which may extend to three years and With fine which may extend to one thousand rupees, in addition to such compensation for damage done to the forest as the convicting court may direct to be paid. Explanation.-For the purpose of this sub-section the forest produce enumerated m the schedule shall be deemed to be major forest produce. (2) Any person who- (a) knowingly receives or has in possession any forest produce other than a major forest produce illicitly removed from a forest ; or who, in a Reserved Forest- ( b) kindles, keeps or carries any fire, except at such seasons and in such manner as the Divisional Forest Officer may, from time to time, notify ; or ·~...__ r • 27 (c) trespasses or pastures cattle or permits or causes cattle to trespass ; er (d) fells, girdles, marks, lops, tap~, uproots, butns, saws, con verts or removes, any tree the value of which docs not exceed one hundred rupees, or strips off the bark or leaves from or otherwise dama ges the same ; or (e) quarne~ stones, burns hmc or charcoal, or collects or subjects to any manufacturing process or removes any forest produce , or (f) in contravention of any rule made by Government, hunts, shoots, fishes, poiSons water or traps or snares ; (g) causes any damage by negligence in felling any tree or cutting or dragging any timber, shall be punished with impnsonment for a term wh1ch may extend to three years or with fine wh1ch may extend to one thousand rupees or with both. (3) If any agricultural or other crop is grown or any shed or other structure is put up in contraventiOn of clause (e) of sub-sectwn (I) and any person conv1cted for that offence, such crops, sheds or other IS structures shall be hable to confiscation by order of the convtctmg Magistrate. (4) Nothing in_this section shall be deemed to prohibit- (a) any act done in accmdance with any rule made by the Government or With the permission m writing of the Chief Conservator of Forests, Conservatm of Fmests, or the Diviswnal Forest Officer or of an officer authonsed by any of them to grant such permission ; or (b) the exercise of any right continued under section 17 or created by grant 01 contract in the~manner described m sectwn 22 : Provided that this section shall not be held to interfere with such working of the forest as may be ordered by the Chief Conservator of Forests, Conservator of Forests or the Div1sional Forest Officer. 28. Suspension of rzghts rn Reserved Forests.-Whenever fire 1S caused wilfully or by negligence in a Reserved Forest, the Government may, notwithstanding that any penalty has been inflicted under section 27, direct that m such forest or any portion thereof the exercise of all nghts of pasture or to forest produce shall be suspended for such period as they think fit. 29. Persons bowul to assist Forest Off"zcl!r and Police Officer:-( I) Every person who exercises any right in a Reserved Forest or who i3 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 V1llagc Officer or person in any village contiguous to such forest who is employed by the Govern ment shall be bound to furnish without unnecessary delay to the nearest Forest Officer or Police Officer, any information he may pmsess respec ting the occurrence of a fire m or near such forest, or the commission of, .. . .._ I I • 28 or intention to commit any forest offence, and shall forthwith take steps, whether required by any Forest Officer or Police Office or not- ( a) to extmguish any fire in such forest of which he has know· ledge or information ; (b) to prevent by any lawful means in his power any fire in the vicimty of such forest of which he has knowledge or mfm mation from spreading to such forest and shall assist any Forest Officer or Police Officer demanding his aid; (c) m preventing the commission in such forest of any forest offence ; and (d) when there is reann to believe that any such offence has been committed in such forest in discovering and arresting the offender. (2) Any person who behg bound so to do, without lawful excuse, the burden of proving which shall be up:m such person, fails- (a) to furnish with:mt unnecessary delay t:> the neare•t Forest Officer or Police Offi:er any infJrm1tbn rqutre:l by sub-section (I) ; (b) to take steps as re:pired by sub-section (I), to extinguish any forest fire in a Reserved Forest ; (c) to prevent as required by sub-section (I) 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 com· m1tted in such forest, in discovering and arrestmg the offender, shall be punished with fine which may extend to two hundred rupees. III CHAPTER Protection of land at the disposal of Government not included in Reserved Forests 3J. Powl!r to make rules.-( I) S:.~bject to all rights now vested in individuals and commumties by law or custom or usage havmg the force of law, the Government may make rules to regulate the use of the pasturage or of the natural produce of any land at the dtsposal of Government and not included in a Reserved Forest. Such rules may, with respect to such land- ( a) regulate or prohibit the clearing or breaking up of land for cultivatiOn or other purposes or putting up of sheds or other structures, or the planting of trees; (b) regulate or prohibit the kindling of fires and prescribe the precautions to be taken to prevent the spreading of fires; · (c) regulate or prohibit the cutting, sawing, conversion and re moval of trees and timber and the collection and removal of natural produce; (d) regulate or prohibit the quarrying of stone, the boiling of catechu, the burning of lime or charcoal or the.dlStillmg of essential oils; • 29 '(e) regulate or prohibit the cutting of grass and pasturing of cattle and regulate the payments, if any, to be made for such cutting or pasturing; (f) regulate or prohibit hunting, shooting, fishing, poisoning of water and setting traps or snares; (g) regulate the sale or free grant of timber or other natural produce; and (h) prescribe the fees, royalties or other payments for timber or other natural produce, and the manner tn which such fees, royalties or other payments shall be levied. And whoever commits an infringem::nt of any of those rules shall, on conviction before a Magistrate, be liable to impnsonmcnt for a term which may extend to six months, or to fi 1e which may extend to one hundred rupees, or to both. (2) If any agricultural or oth ~r crop is gr.:>wn or any shed or other structure 1s put up in c:mtraventiln of the rule5 framed under clause (a) of sub-section (I) of this sect!J:l an:i any per5on 1S conv1cted for that offence, su-:h crop or shd or oth~r stru::ture shall be liable to confiscdtion by mder of the convictmg Magistrate: Provided that the Glvernment may exempt any penon or class of persons from the operatton of all or any of these rules. 31. Power to close land at:ain.rl pastuu.-Whenever fire is caused wilfully or negiJ~ently in any land t::> which all or any of the rules made under sectiOn 30 have been extended, the Government may notwith _standing that a penalty has been,infl.cted under that ·ecttOn, d1rect that such land be closed against pasture for such period as they think fit: Provided that an area, sufficient in extent and in a locality reason ably convenient, is left open for the use of persons having rights of pasture in such land. 32. Penaltie.r._:_Whoever pastures cattle or permits or causes cattle to trespass in land closed under section 31 shall be punished with im pri;onment for a term which may extend to one month, or w1th fine which may extend to one hundred rupees, or w1th both. IV CHAPTER Of the control over Forests and Lands not at the disposal of Government or in which Government have a limited interest 33. On certarn lands the breaking up M clearing for cu[iivation, etc., may be rtgulatrd or prohzbztFd.-( I) The Government, may, from time to time, by notification in the Gazette, regulate or prohibit in any forest or waste land not at the disposal of Government- (a ) the breaking up or clearing of land; or (b) the firing or clearing of vegetation; or (c) the pasturing of cattle; • 30 when such regulation or prohibition appears to be necessary for any of the following purpo~es:- (l) for protection against storms, winds, rolling stones, floods and landslips; ( u) for the preservation of the soil on the ridges and slopes and "1' in the valleys of h1lly tracts, the prevention of landshps and of the for· mation of ravmes and torrents and the pro tee tion of land agamst erosion or the deposit thereon of sand, stones or gravel; (iii) for the maintenance of water supply in springs, rivers and tanks; (iv) for the protection of roads, bridges, canals and other lines of commuuicatwn; and (v) for the pre.ervation of public health. Any such notification may be altered or cancelled by a like notification. (2) The Government may, for any such purpose, construct, at their o .vn expense, in or upon any such forest or land, such works as they tlunk lit. ( 3) No notification under sub-section (I) shall be issued, and no work under sub-section (2J c;hall be begun, until after the Issue of a notice to the owner of such forest or land, calling upon h1m to show cause, withm a reasonable penod to be specified m such notice why such notificatiOn should not be made or work constructed, 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 Government. 34. In the case of refusal by owner Gover11ment may take such lands on lease or acquzre them.-Whenever the owner of such forest or land may declme to comply with the regulations or directions contained in the said notif1catiOn, it shall be mcumbent upon the Government, If they resolve to assume control of the said forest or land, to take the sa1d fore.t or land or so much of it as they may see fit, on lease fmm the owner for such term as they may deem It necessary to retam the same under control, and the owner shall be bound e1ther to conclude such lease w1th the Government or to 1equire that such forest or land shall be acquired for public purposes and m the latter event, the Government shall acquire such forest or land accordingly. If such lease is agreed upon, the amount of annual rent to be reserved and all other questions arismg between the owner or persons claiming to be owners and the Government shall, in case of dispute, be determined so far as may be in accordance with the provlSJons of the Land AcquiSition Act for the time being m force, b)' any otficer appointed by the Government in that behalf subJeCt to an appeal to the District Court. 35. Acqwsitwn off orest or land under the rules in force for the Acquisi tion of Landfor publzc purposes.-ln any case under this Chapter in which the Government consider that in lieu of taking of the forest or land under their control, the same should be acqU1red for public purposes, ___J • 31 the Government may, proceed to, acquire it in the manner prescribed by the law in force for the acquisition of land for pubhc purposes. 36. Protection of forests at request of owners.-( 1) The owner of any land or, 1f there be more than one owner thereof, the owners of shares therein, whether div1ded or not, amounting in the aggregate to at least two th1rds thereof, may with a view to the formation or conservation of forests thereon represeat in wnting to the Chief Conservator of Forests their desire- (a) that such land be managed on their behalf by a Forest Officer, as a Reserved Forest, on such terms as may be agreed upon ; or (b) that such land be managed, subject to the control of the Chief Conservator of Forests by a pers:m app:Jinted by themselves and approved by the Chief Conservator of Forests ; or (c) that all or any of the provisions of this Act or rules made there under be applied to such land. (2) The Government m'ly, in any such ca;e, by a notification in the Gazette, apply to such land such provuions of th1s Act as they think suitable to the circumstances thereof and as may be desired by the appltcants. Any such notificatiOn m:1y be alte1 ed or cancelled by a ltke notification. 37. Management of forests, th~ joint /J'operty of Government and other persons.-If the Government and any person or persons are JOintly interested in any forest or waste land or in the whole or any part of the produce thereof, the Government may either- (a) undertake the management of such forest, waste land or produce, accounting to such person for his interest m the same, or (b) issue such rules for the management of the forest waste land or produce by the person so jointly interested as they deem necessary for the management thereof and the mterests of all parties therem. When the Government undertake, under clause (a) of this section, the management of any fore~t, waste land or produce, they may, by notification in the Gazette, declare that any of the provisiOns contained in Chapters II and III of this Act shall apply to such fmest, waste land or produce, and thereupon such provisions shall apply accordmgly. Any such notification may be altered or cancelled by a hke notification. 33. Persons emplrryed to carry out the Act to be deemed Forest 0./fzcers - Any pcrs n employc:i und~r s~ctions 3 ~. 36 and 37 to carry out the provi>1o:1s of this Act shall be deemed to be a Forest Officer Within the meanmg of this Act. The Government shall also have power to appoint any person to dischar ~e any functiOn of a For'"st 0 fleer un:ler any of the prov1s1ons of th1s Act wh1ch have been extende:l to any land or t:> any forest or waste land or produce by a notification under section 35 or section 37 or under any rule made in pursuance of any provision so extended. • 32 CHAPTER V Control over Timber and other Forest Produce 39. Pown to make rules to regulate trade and transit of timber and other forest produce.-The Government may make 1u les to regulate the transit of all timber or of certam classes of timber or forest produce withm the hmits of taluks in which Reserved Forests are situate or m taluks adJoming Reserved Forests, as may appear to be necessary. Such rules may (among other matters) :- (a) prescnbe the routes by wh1ch alone timber may be imported jnto and exported from the State ; (b) prohibit the import or export or moving within defined local hmits of t1mber or forest produce uhout a pass from the landholders \1 from \vhose land It was b10ught, or from an officer duly authonsed to issue the same, or otherwise than in accordance with the conditions of such pass; (c) prescribe the form of such passes and provide for their issue, product on and return ; (d) prov1de for the stoppage, reporting, examination and marking of timber and other forest produce in transit within defined local hmits or at stat10ns established as hereinafter provided ; 0 (e) establish, or authonse the Chief Conservator of Forests to establish, stations to which such timber or forest produce shall be taken by those chaige of it for examination or marking; and the cond1tions 111 under which such timber or forest produce shall be brought to, stored at and removed from such stations ; (f) provide for the management and control of such stations, and for regulatir.g appointment and duties of persons employed thereat; (g) authorise the transport of timber or forest produce, the pro perty of Government, across any land and provide for the payment of compensation for any damage done by the transport of such tlffiber or forest produce ; (h) 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 and leaves into any such 11ver, or any act which may cause such river to be closed or obstructed ; (t) provide for the prevention and removal of any obstruction of the channel or banks of any such nver, and for recovering the cost of such preventiOn or removal from the person, or by the sale of any timber, causing such obstruction ; (J) provide for the protection of bridges, locks or other public works, by regulating the floating of timber, and the storing of timber on iver banks and by authoriSing the seizure of timber floated or stored in 1 contravention of such rules, or by whtch any damage to such works may have been caused, and the detention and disposal of such timber until compensation has been made for the damage done ; (k) regulate the use of property marks for timber and provide for the registratiOn of such marks ; declare the circumstance in which the registratiOn of any property marks may be refused or cancelled, prescribe • 33 the tune for which such registration shall hold good : limit the number of such marks that may be regtstered by any one per~on; and provtdc for the levy of fees for such registratiOn ; and (l) provide generally for the protection of the revenue from forests. Explanatton.-For the purpose of thts section timber or forest pro· duce found on, or on the margin of any public road whether loaded m carts or other vehicles or not and timber found m any nver or stream whether tied into rafts or not, shall be presumed unttl the contrary ts proved to be timber or forest produce m transtt. 40. Penalty for breach oj rules mnde under sectzon 39.-( I) The Government may by such rules presclibe as penalties for the contraven tton thereof Imprisonment for a term which may extend to s1x months, or fine which may extend to five hundred Rupees or both. (2) Such rules may provide that, in cases where the offence 1s commmed after makmg preparatton for resistance to the executiOn of any law or any legal process, or where the offender has been previously convicted of a hke offence, the convictmg Magistrate may inflict double the penalty prescribed for such offence. 41. Holders of passes to p1oduce the same for inspectzon.-(1) The holder of every pass issued under rules framed under section 39 shall, while such timber or forest p10cuce IS m transit, be bound to produce the same for inspection on bemg reqlllred to do so by any Magistrate or Forest or Police Officer. ~ (2) vVhoever inft inges the provis10n m sub-sectton ( 1) shall be liable to tmpnsonment which may extend to one month or fine which may extend to one hundred 1 upees or both.

CHAPTER VI Of the collection of Drift and Stranded Timber 42 Certazn kmds of tzmbe1 to be deemed fnoperty of Govemment untzl tztle thereto proved, mzd may be collected accordmgf)>.-All timb('r found adnft, beached stranded or sunk, all ttmber bearmg mat ks whtch have not been regtstered undet section 39 or on wluch the mat ks have been obliterated, altered or defaced by fire otherwis(', and in such areas as the Govern 01 ment direct, all unmarked timber shall be deemed to be the property of Government unless and until any person establishes Ius tight and title thereto, as provided m thiS Chapter. Such ttmber may be collected by any Forest Officet or other persons entitled to collect the same by virtue:- of any rul ~ made under section 47 of tlus Act and may be brought to such stattons a> the Forest Officer may, f10m ttme to ttme, nottfy as stations for the receptiOn of dnft ttmber. The Government may, by nottficatton m the Gazette, exempt any class of tunber f1 om the provisions of th1s sect ton, and may in a hke manner, withdraw such exemptton. 3{40-3 -l 34 I 43. Notice to clazmants of drift tzmber.-As soon as any timber 1s { collected under section 42 the Divisional Fore~t Officer shall publlsh a notzce in the Gazette requmng any person. clazmmg the same to present I to h1m w1thin a penod of not less than one month from the date of ! such notice, a written statement of such cla1m Such notzce shall contain a descr1ption of thea t1mbe1 and the place from which it was collected and the statzon where 1t is stored. Copies of this notice shall be affixed in the D1v1sional F0rest Office and the concerned Forest ..... ' Range Office. 44. Procedure on clazm preferred to mch tzmber.-(1) When any mch statement 1s pre~ented as aforesaid, the Dzvzsional Forest Officer may after making such enqmry as he thinks fit after recordm.~ hzs 1 easons fm ~o domg either reject the clazm or dehver the tzmber to the claunant. A copy of the order shall be served on the claimant. (2) If such timber zs claimed by more than one person the Dzvzsional Forest Officer may, ezther dehver the same to any such person whom he deems entztled thereto, or refer the claimants to the Czvil Court and retam the tunber pending the recezpt of an order from such court for zt~ disposal. If in the opinion of the Dzvzsional Forest Officer such timber is liable to detenoration, he mar sell the same in public auction and deposit the sale proce~ds as Forest Deposit. The amount so deposited shall be dealt with m accordance With the orders of Court. (3) Any person whose cla1m has been rejected under thzs section may withm one month from the date of se1vice of order, mstitute a suit to recover possesszon of the timber claimed by him, but no person shall ;. recover any compensation or costs against the Government, or agamst '::::\. any Forest Officer on account of such rejection or detention or removal or sale by auctzon of any timber or the delivery thereof to any other persons under thzs sectzon. (4) No such tzmber shall be subject to process of any Civil, Cnmmal or Revenue Court untJl zt has been delivered or a suit has been brought, as provided m this section. 45. Dtsposal of unclazmed lzmber.-If no such statement is presented as aforesazd, or 1f the clazmant omzts to prefer hzs claim in the manner and w1thm the penod prescribed by the notice 1ssued under sect1on 43, or on such cla1m having been so p1efened by hzm and havmg been 1e jected, omits to mst1tute a suzt to recover possess1on of such timber wzthm the further penod speczfied m sectzon 44, the ownershzp of such timber shall vest in the Government or when such timber has been delivered to another person under sect1on 44, m such other person free from all encumbrances not created by him. 46. Payments to be madr by claznzant before tzmber zs dehve1ed to lllm. No person shall be entztled to ncover possessiOn of any t1mbei collected or dehvered as aforesatd until he has pa1d to the Forest Officer or othez person entztled to receive zt such sum on account thereof as may be due under any rule made in pursuance of section 47. • 35 47. Power to rrw.ke rulrs and prescribe penalties.-( I) The Government may, from time to time make rules to regulate the following matters_ namely·- (a) the salving, collectiOn and dtsposal of all timber mentioned L m section 42 , •V (b) the use and registration of boats used m salving and collecting timber ; (c) the amounts to be pa1d for salvmg, collectmg, movmg, , stormg and d1sposmg of such timber , (d) the use and registration of hammers and other mstruments to be used fot· marking such t1mbe1. (2) The Government may prescnbe, as penalties for the contra vention of any rules made under thts sect ton, impiisomnent for a term which may extend to SIX months, or fine which may extend to five hundred rupees, or both. VII CHAPTER Preservation of wild Elephants 48. Killmg, etc., of wzld elephants prohzbzted.-No wtld elephant shall be killed, wounded or captured in any place wtthin the State except with the sanction of Government or except as hereafter provided. 49. Punzshments for kzlltng, etc., wzld elephants wzthout authorzsation. Whoever. not bemg authonsed thereto unde1 the provisions of ~ection 48 or section 51, kills, wounds, or captures, or abets wtthm the mean ing of that term as defined m the Indian Penal Code, k1llmg, woundmg or capturmg of, a wild elephant m any place w1thm the State shall be pumshed with 1mpnsonment which may extend to two years or with fine which may extend to three thousand rupees or both for each ammal bestdes recovery of loss as a~sessed by the Forest Department. Any person convicted of a second or sub~equent offence under this section shall be liable to double the punishment mentioned above : Provided that nothmg m tillS sectiOn ~hall be deemed to pt event any person from kiiimg or wounding any wild elephant m defence of himself or of any other person or property : Provided further that any person killing any wild elephant in defence of lumself or of any other pet son or property shall, immediately report the matter to the nf"arcst Police or Forest Officer and also take steps to protect the dead body until at ts taken charge of by the Police or Forest Officet . 50. Captured wzld elepha11ts and tusks and teeth of elephants killed, tht property of Government .-Any wdd elephant captured or the tusks and teeth of any WJ!d elephant kdled shall be regarded a~ the property of Government and shall be delivered to the nea1est Forest or Pohcc: Officer. 3f40-3a, • 36 51. Grat~l of pmmtsfor shooting or capturmg of w.ld rlephants.-The Government may, subject to such rules as may be made by them in tillS behalf, from time to time, grant general or special permit~ in writing to any person for the shootmg or capturmg of wild elephants and such person shall be exempted from the operation of section 49 so long as he ...../ acts in accordance with the rules. " VIII CHAPTER Offences, penalties and procedure 52. Seizure of property Lzable to confiscation.-( 1) When there is reason to believe that a forest offence has been committed m respect of any timber or other forest produce, such t1mber or produce, together with all tools, ropes, chams, boats, vehicles and cattle used in committing any such offence may be seized by any Forest Officer or Police Officer. Explanatwn.-The terms 'boats and vehicles' in this section, section 53 and section 55 shall mclude all the articles and machinery kept m it whether fixed to the same or not. (2) Every officer seizing any property under:sub-section (I) shall I place on such property or the receptacle, if any, in which it is con tained, a mark indicating that the same has baen so seized and shall, as ~ soon as may be, make a repm t of such seizure to the Magistrate having jurisdiction to try the offence on account of which the se1zure has been made: Provided that, when the timber or forest produce wHh respect to which such offence Is believed to have been committed IS the property of the Government and the offender is w1known, it shall be sufficient if the Forest Officer makes, as soon as may be, a report of the circum stances to his official supenor. 53 Power to release property se1<,ed ut~der sec/ron 52.-Any Forest Officer of a rank not mfenor to that of a Ranger, who or whose sub ordinate has seized any tool~, boats, vehicles or cattle under the pro\ l· I I Sions of section 52, may release the same on the execution by the owner j thereof a bond for the p10duct10n of the p10perty so released, if and when so required before the Magistrate havmg junsd1ction to try the ' i offence on account of\\ hich the seizure has been made. j I 54. Procedure thereupon.-Upon the rece1pt of any such report, the I Magistrate shall take ~uch mea~ure> as may be necessary for the t1 ial of I the accused and the d1sposal of the p10perty accordmg to law. i l 55. T~mber forest produce, tools, etc., when liable to conjzscatio11.-(l) When any person is convicted of a forest oflence, all timber or other forest produce respect of wluch such offence has bt"cn committed and 111 all tools, ropes, chains, boats, vchJcles, cattle or an~ other art1cle used m committmg such offence shaJI be hable. by order of the convicting Magistrate to confiscatiOn. (2) Such confiscatiOn may be m addition to any other punish ment presct1bed fot such offence, • 37 56. Dzsposal on conclusion of trzalfor forest ojfmce, of produrc m 1esj>eet of whtch tt was commttted.-\Vhen the t1 ial of any forest offence IS con cluded, any tunber 01 other f01 est produce m respect of which ~uch offence has been committed shall. if It ~~ the property of the Cent! a I 01 State Government has been confiscated, be taken possession of by OJ OJ under the authonty of the D1vi~Jonal Forest Officer; and m any othe1 case it fnay be d1sposed of in such manner as the Court may order. 57 Procedure when ojfe11der xs not known.-\•Vhen the offender is not known or cannot be found, the Magistrate, 1f he IS of opmion that offence has been committed, may, on application m this behalf o1der the property m respect of which the offence has been comnutted to be confiscated and taken possession of by 01 unde1 the authonty of the Divisional Forest Officer, 01 to be made ove1 to any person whom the Magistrate consider:s to be entitled to the same : Provided that no such 01 det shall be made until the expn at! on of one month f10rn the date of se1zmg surh propel ty or without hearmg the person, If any, claiming any 1i ght thereto, J.ud the evidence, if any, wh1ch he may produce m support of his claim. The Magistrate shall cause a notice of any applicatiOn unde1 this section to be se1 ved upon any person who, he ha~ reason to believe, is interested in the property seized, 01 shall pubh~h such notice 111 the manner he deems fit. 58. Procedure as to pmshable prope1ty seized unde1 sect!Oil 5~.­ ( I) Notwithstanding anvthing hetembefore contained- (a) The Magistrate may direct the sale of any propel ty seized under section 52, wluch is subject to speedy and natural decay ; and (b) If m the opiniOn of the officer scizwg such property. It IS not possible to obtam the orders of the Magistrate unde1 clause (a) in time, such officer may sell the p10perty hrmself, rem1t the sale p1 occeds into the neat est Gove1 nment Treasury, and make a report of such seiZure, sale and remittance to the Magistrate and thereupon the Magi strate shall take such measures as may be necessary f01 the tnal of the accused. (2) The Magi~trate may deal with the p10ceeds of the' ~ale of any ptoperty held under clause (a) or clause (b) of sub-sectiOn (1) in the same manner as he might have dealt with the propel ty If 1t had not been sold. 59. Appeal from orders under sectwns 55, 56 and 57.-The office1 who made the ~eizut e under section 52 or any of IllS official supenors or any per~on claiming to be interested in the property so seized, may, Within two months from the date of any order passed under sectiOn 55, sectiOn 56 or sect1011 57, present an appeal therefiOm, wluch may be disposed of m the manner provided by section 520 of the Code of Cnmmal Procedure, 1898. 60. P1operty whm to vest m Government.-When an order for the confiscation of any property ha:, been pass~d under section 55, or sec tion 57 and the penod lrm1ted by section 59 fm pre~entmg an appeal • 38 from such order has elapsed, and no such appeal has been presented. 01 when, on such an appeal bemg presented the Appellate Cow t confirms such ordet m respect of the whole 01 a p01 tion of such property, such property or p01 twn, as the case may be, shall vest m the Government free from aJI encumbrances. ~-f 6 I. Savuzg of power to release property sezzed.-Nothmg hereinbefore contamed shall be deemed to prevent a Forest Officer not below the rank of an Assistant Comervator of Forests holdmg charge of a Forest Dtvtston f10m directmg at any trme the immedtate release of any pro perty setzed under sectiOn 52 and the wtthdrawal of any charge made m respect of such property. 62. Penalty for counterj etting defacmg marks on trees and for alteri11g 01 boundary marks.-\Vhoever, wtth mtent to cause damage or inJUI)' to the pubhc or any person 01 to cause wrongful gam as defined m the lndtan Penal Code- (a) knowmgly counterfeits upon any umber 01 standing ttee a mark used by Forest Officers to mdtcate that such timber or tree is the property of the Government or some person, or that it may lawfully be cut or removed by some person ; 01 (b) unlawfully aflixes to any ttmbet 01 standing tree a mark used by Forest Officers; or (c) alters, defaces or obliterates any mark placed on any trmber or standmg tree by 01 under the authouty of a Forest Officer ; or (d) alters, moves, dest10ys or defaces any boundary ma1 k of any forest 01 any land to which any provtstons of thts Act apply, ~ shall be punished wtth Imprisonment for a term whtch may extend to "' two years, or with fine wh1ch may extend to one thousand rupees, or with both. 63. Power to arrest wtthout warrant.-( I) Any Forest Officer or Pohce Officer may, wtthout ordets from a MagiStrate and without a warrant, arrest any person reasonably suspected ofhavmg been concerned in any forest offence, If such person refuses to gtve his name and resi dence, 01 gtves hts name 01 testdence whtch there IS reason to beheve to be false, or if there ts teason to beheve he wtll abscond. (2) Any person an ested uude1 this sectton shall be mformed, as soon as may be, of the grounds of atrest and shall forthwtth be taken or sent to the ncare~t Police Statwn and the Officer-m-charge of such StatiOn shall thereupon act according to Ia'' 64. Power to release on bonds persons arrested under section 63. -Any Forest OflJcer of a 1a nk not mfenor to that of a Ranger who or whose subordmatcs have a ~rested any pe1 son under the provts1ons of section 63 may release such pet ~ou 011 bat! on Ius executmg a bond to appear, tf and when so requtred, bef01e the Magistrate havmg jUiisdiction m the case, 01 before the Ofhce•·-m-charge of the nearest Pohce Station. 65. Pumshment f01 wrongful sezzUie or anest.-Any Forest Officer Po !tee Office• \\ ho vcxatwusly and mahciously setzes any property on 01 • 39 pretence of seiZing p10pcrty liable to confi~cation unde1 th1s Act, or who vexatiOusly and mahc10usly arrests any person. shall be punished with 1mprisonment for a term \\htch may extend to s1x months, or w1th fine which may extend to two hundred rupees or with both. 66. Power to prevent commzsswn of offence -Every Forest Officer and Pohce Officer shall prevent, and may mterfere for the purpo"sc of pre,.entmg the comm1ssion of any forest offence and ~hall have power to ev1ct all encroachers and squatte1 s f10m Reserved Forests or other land~ under the control of the Forest Department and to confiscate 01 demoh~h any sheds 01 other structures put up 111 such lands. Forest Officers shall have the powers of the Pohce Officers for the purposes of investigation or prevention of forest offence~ and the collection of ev1dence. 67. Operatzon of othe1 laws not baned.-Nothmg m tim . \ct shall l>e deemed to prevent any person f10m bemg prosecuted under any othet law for any act or omiSSIOn which constitutes a forest offence or from bemg hable under such other law to any htgher pu111~hrr.ent OI penalty than that provided by thb Act oi the lUles made thereunder: Provided that no person shall be prosecuted and punished twice for the same offence. 68; Power to compound offences -(I) Any forest Officer not below the rank of an Assistant Conservator of Forests may accept from any person, reasonably suspected of having committed any forest offence other than an offence under section 62 or sectton 65, a sum of money by way of compensation for the offence wluch may have been committed and where any property has been seized as hable to confiscatiOn, may release the same on payment of the value thereof as estimated l>y such officer or confiscate such property to the Govemment. (2) On the payment of such sum of money or ~uch value or both as the case may be, to such officer, the accused person. tfm custody shall be discharged, the property seized shall be released and no fUI ther proceedings shall be taken!agamst such person or property. 69. Presumptzon that tzmber or forest produce belon.~s to Govemment. When, any proceedings taken under this Act, or m consequence of 111 anythmg done under this Act, a questiOn anses a~ to wheth~r any forest produce is the p10perty of the Central or State Gove1 nment, such produce shall be presumed to be the property of the Central or State Government, as the case may be, unttl the contrary proved. lS IX CHAPTER Cattle Trespass 70 Cattle Trespass Act to apply.-Cattle trespassing in a Reserved F01 est OI on lands on which the grazing of cattle has been prohibited by rules made under this Act, or wluch has been closed under section 31, shall be deemed to be cattle doing damage to a pubhc plantation Within the meaning of the Kerala Cattle Ttespass Act, 1961, and may be seized and Impounded as such by any Fm est Officer or Pohce Officer. • 4() 71. Powers to alter fmes jzxed by that Act.-The Government may, by notificatiOn m the Gazette, direct that, in heu of the fines fixed by sectiOn II of the Kerala Cattle Trespass Act, 196 I, there &hall be levied mall or any of the areas to whtch that Act applies, for each head of cattle tmpounded under sect10n 70 of tl11S Act, such fines as they think fit, but not exceedmg the followmg :- ·-.( For each elephant Rs. 50·00 For each buffalo or camel Rs. 5·00 Fot each hone, mare, geldmg, pony, colt, filly, mule, bull, bullock, cow, calf, or hetfer Rs. 3·00 For each ass, pig, ram, ewe, sheep, lamb, goat or kid Re. 1·00 CHAPTER X Of Forest Officers 72. Investing Forest Olfzcers wzth powers.-The Government may invest'anv Forest Officer not below the rank of an Assistant Conservat01 ofFor~sts' wtth all 01 any of the following powers, and may withdraw the same:- (a) power to enter upon any land and to survey, demarcate and make a map of the same , (b) powers of a Forest Settlement Officer; (c) powers of a Civtl Court to compel the attendance of witnesses A and the production of documents ; (d) power to hold inqumes mto forest offences and, m the course of such inquiries, to recetve and record evtdence and to issue search warrants which may be executed in the manner provided by the Code of Crimmal Procedure, 1898; (e) power to a<.cept compensatton fm forest offences under s~ction 68 of thiS Act Any evidence recotded undet clause (d) of thiS sectton shall be admissible m any subsequent trial of the alleged offender before a MagiStrate ; provtded that 1t has been taken in the presence of the accused person and 1 ecorded m the manner provided by the Code of Criminal P10cedure, 1898. 73. Forest Olfzcers deemed publtc servants.-All Forest Ofhcers shall be deemed to be pubhc servants w1thm the mcanmg of the Jnd1an Penal Code 74. lndemmty for acts done 111 goodfazth -No SUit or crimmal prose cution or other proceeding shall lie agamst any public servant for any act done, 01 omttted or ordered to be done, in good fatth, in pursuance of thts Act. 75. Finest Officer not to tradt.-Except wtth the permisston in \H 1tmg of the Government, no Forest Officer shall, as prmcipal or • 41 agent, trade m timber or f01est produce, be 01 become mterested in 01 any lease or mo1 tgage of any forest or 111 any contract fot working any forest whethet m the State or outside. XI CHAPTER Miscellaneous ' \ \ 76. Addittonal power to make rules.-The Government may by \ notification m the Gazette make rules- I (a) for the protectiOn, advancement, treatment and management of hill tribes , (b) to declare by what Forest Officer or class of Forest Officers the powers and duties conferred or Imposed by or under thts Act, on a Forest Officer shall be exercised or performed , (c) to regulate the procedure to be followed by F01est Settlement Officers, (d) to regulate the Ie,.,atds to be paid to officers and Informers from the proceeds of fines and confiscations undt-r this Act or from the Pubhc TteasUiy, (e) for the preservatiOn, reproduction and disposal of t1ees and timber uelongmg to Government, but grown on land3 the occupatiOll Ill of p1 ivate person'> ; (f) to regulate-or prohibit the fellmg, lopping, cuttmg, maimmg or otherwise maltreating of trees standmg on land temporanly or per manently asstgned, the nght of Govetmnent ove1 which has been ex pressly 1eserved in the deed of grant 01 asstgnment of such land; and (g) generally to ca1 ry out the proviSions of this Act. 77. Rules to be lazd before the Legtslatwe Assemb(y.-Ail rules mctde under th1s Act shall be laid for not less than fourteen days before the Legislative Assembly, as soon as possible after they are made, and shall be subJect to such modifications as the Legislative Assembly may make dunng the ~ess1on m which they ate so laid or the session 1mmediately following. 78. Ltabiltty of pet sons engaged by Fotest 0./ftcers.-Ail contractors or pet sons engaged by the officers of the Forest Depat tment to fell, remove or deliver ttmber, collect produce, or to do any work for the Depart ment, and all persons who have perm1s~ton to collect and remove timher or forest produce on petmtts, licences 01 lea3es, shall be held responsible for any loss 01 damage caused by any act or omission on the part of any of thei1 ~ub01 dmates, servants 01 agents infringmg any of the provtsions of th1s Act 01 of any rule framed thereunde1. 79. J, ecovery cif money due to Gove111ment. -All money, other than fine~, payable to the Government undet tillS Act 01 any 1u le made thereunder, or on account of timber or forest produce or of expenses_ mcurred m the execution of tlus Act m respect of t1mbe1 or forest pro· <.luce, or under any contract relatmg to umber 01 forest produce m cludmg any sum 1ecoverable thereunde• f01 the reach thereof or 1 in consequence of 1ts cancellation or undet the terms of a not tee elating 1 to the sale of tim bet ot forest produce by auction 01 by im tt,ttton of tenders, tssued by 01 under the authortty of a Divt~!Onal Forest Officet ,md all compensation awarded to the Gove1nment under this Act may, tf not paid when due, be recovered unde1 the law f01 the tune bemg in force, as tf it were an arrear of land 1e venue. ! 80. Lun on forest produce }01 such moneJ•.-When any such moner is payable for, or m respect of any fmest produce, the amount thereof shall be deemed to be a first charge on •uch produce, and tf such amount be not paid when due, such produce may be taken pos~ession of by or undet the autho11ty of a Forest Officer not below tbe 1 ank of an Assistant Comet vator of Forests and may be retained unttl such amount ha~ been pa1d, or such Forest Officer may sell ~uch produce by public auction and the p10ceeds of the sale shall be applied fir~t in dischargmg such amount The surplus, tf any, tf not claimed by the pet son entitled theteto withm six months from the date of the sale, shall be forfeited to the Government. 81. La11d requzred under thzs Act to he deemed needed for a publzc pur pose.-Whenever 1t appears to Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a pubhc purpose within the meaning of the Land Acquisition Act for the time bemg m force. 82. Trees ana tzmbe1 standuzg on land granted fm pcrmanmt cultna- tion -All treeshand timbeh1 fou:1ci Ibn any ladndfi at the dtsposal of ~he ~ Government w JC 1 1 may erea1te1 e grante 01 permanent cu 1t tvatton undet such rules as may be 111 fotce at the time shall be held to be the property of the Government ; such trees shall, on the application of the grantee, be removed by the Forest Department \\ 1thm etghteen months from the date of recnpt of such apphcat10n , 1f not so removed such trees and timber shall become the property of the landowne1 on pay- ment by hun of the setgmorage value fixed by the Government from ttme to time. 83. DeczslOIZ or order oj F01 est Settlcmmt Officer to have the c.JJect of Dzstrzct CoUll decrees.-Any decision or order passed by a Fmest Settle ment Office1 under thts Act and any 01 der passed m appeal therefrom shall be enforceable I>>' the Dtstltct CoUI t within whose jUJtsdiction the land is situated as 1f 1t \vere a decree passed by such Dtstnct Court under the Code of Civt! Procedure, 1908. 84. Pumshmentjor abetmmt.-Any person who abets any of the offences specified m th1s Act shall, whether the act abetted committed IS or not m consequence of the abetment, and where no express proviSion is made by thts Act for the pumshment of such abetment, be punished with the pumshment p1 ovtded for that offence 85 &peal.-(1) The Travancore-Coclun Fore>t Act, 1951 {III of !952) and the Madras Forest Act, 1882 (5 of 1882) and the Madra~ Wtld Elephants Preset vation Act, 1873 (Act 1 of 1873) as in / • force in the Malabar dtstrict referred to in sub-section (2) of section 3 of the State~ Reorgamsat10n Act, 195fl, are hereby repeale.!. (2) All references made m any enactment to any provtston of the enactments hereby repealed shall be read as if made to the correspon ding provisions of this Act. (3) All rules prescnbed, appointments made, powers conferred and orde1 s issued under the enactments hereby repealed shall be deemed to have been respecttvely prescnbed, made, conferred antl 1ssued here uncle! till new rules and enactments ate made under the vanous sect1om of this Act. 86. Delegatwn of powe1s of Government.-Notwithstanding anythmg contained in this Act, the Government may delegate to the Chtef Con servator afForests, or to such other officer or authority as the Govern ment may appoint, all or any of the powers wh1ch are confct red on the Government under sections 23, 28, 31 and 71. SCHEDULE (See Section 27) I. TEAK TECTONA GRAI'<DIS 2. ROSE WOOD DALBERGIA LATIFOLIA 3. EBONY DIOLPYROS EBENUM 4. SANDALWOOD SANTALUM ALBUM 5. ,\NjlLI OR AY ANI ARTOCARPUS HlRSUT•\ G. THI\MBAGA~1 OR h.ONGU HOPEA PARVlrLORA 7. VI:NGA PTEROCARPU~ HARSUPIUM 8. EDANKORANI OR PATHIRI STEROSPERMUl\1 XYLOCARPtr.-1 9 THEMBAVU OR KARl· TERMII'ALIA TOMENTOSA MARUTHU JO. WHITE CEDAR OR AGIL DYSOXYLUM MALABARICU~I 11. VENTEI\K LAGERSTROEMIA LANCI:.OLATA 12. IRULORKAD\~IARA\1 XYLIA DOLABRI-rORMJ<; 13. PUNI'<APPA CALOPHYLLLM TOME!\'TOSUaf , 14. CHERUPUNNA WIGHTIANUM 15. RED CEDAR OR MA l'H· CEDRELA 100NA AGIRIVEMBU 16. VAHA ALBIZLIA LEBBEK 17. KARITHAGARA OR PROCERA " VELVAGA , 18. KARIV AGAI ODORATISSIMA 19. MYLA VITEX ALTISSIMA 20. MANJACAOA'.IBU ADINA CORDifOLI.\ 21• MANIMARUTHU LAGERSTROEMIA ELOSREGIN'Aio 22. PUVAN SCHLICIII:R \ TRIJuGA 23. \1ULLl.VENOAI BRIDELIA REI U~A 24. ~IARUTHU TERMINALIA PANICULATA 25. UNNAM OR CHADICHI GR.EWIA TILIAEfOLIA 26. VENKKAL! OR ANOOEI<;~t.S LATIFOLIA MARUKANJlRAM ....., i I • 44 27. VENKOTTA LOPHOPETALU~! WIOI!TIA:-/UM 28 KADUKK\Y TERMINALIA CHEBIJLA 29. NANGli M!o.SUA FERREt\ 30. PINE (WHITE DAMMER) VA TE RIA INDICA 31. PUVAR '\SSA!I. THESPESIA POPULNEA "i 32. CHOKKALA AGLAIA ROXBUROHIANA 33. MAVU MANGIFERA INDICA 34. PULl TAMARINDUS INDICA 35. ILUPPA BASSIA LONGIFOLL\ 36. PASAKO fTA SAPINDUS TRIFOLIATUS 37. THI:.LLI (BLACK DAM\IER) CANARIUM SRICTUM 3B MORALA DUCHANANIA LATIFOLIA 39. KODPATI:I 01' CHUKKANNA HARDWICKIA PINNATA PA YIN! 40. MATTIPAL AILA.l'IITHUS MALABARICUM 41 KANJIRAI\1 STRYCHNOS NUX-VOMICA 42. PUTHANGKOLI POECILONEURON l!I.DICUM 43 KARANJ ILl DIPTEROCARPUS BOURDILL0:-11 44' , VELLA IN! INDICUS 45' MALAVEPPU CHUKRASIA TABULARIS 46' SIIENKURANTHI GLUTA TRA\'ANCORICA 47' PONPATHIRI STEROSPI:RMU~I CHELONOIDES 48' KARUVA CI"'NA~!OMUM ZEYLA:"'ICUM 49' lLLAPONOU HOPI:.A W!GHTIA!IIA so· KONNAl CASSIA FISTULA 51. NEDUNAR POLYALTHIA FRAGARA""S 52' NAVAL EUGENIA JAMBOLANA 53' KARIGNAVAL GARDNER! "., 54' CHARAVAN CHAVARAN 55' KARIVELAM ACACIA ARABICA 56' PARm•tBE PROSOPIS SPICIGJ,.RA 57· KADAPLA or PAfUMORAN KURRIML\ BIPARTITA 58· NINGAL or BIROLI EILICIUM DECIPIENS 59· Kl.JRANOAN ACROCARPUS FRAXINIFOLIU~ 60· UEDAPALA 01 KARAINI CULLENIA EXCELSA 61. MANNAL or TlRUPPU BISCHOFIA JAVANICA 62· ACHA HARDWICKIA BlNATA 63· VAIMARAM CHLOROXYLON SWIETENIA 64· KUNOILIAM SHOREA TALURA 65· ELAVU BOMBAX MALABARICUM 66. CHEENI TETRAMELES NUDIFLORA 67. MJ\LAYURAM and IVORY PTEROSPERMUM RUBIGINOSU\1 .... _ '_ _ /