THE INDIAN FOREST ACT, 1927
ACT NO. 16 OF 1927
[21st September, 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:
“While holding that it is permissible to look at the preamble for understanding the import of the various clauses contained in the Bill this Court has not said that full effect should not be given to the express provisions of the Bill even though they appear to go beyond the terms of the preamble. It is one of the cardinal principles of construction that where the language of an Act is clear, the preamble must be disregarded. Though, where the object or meaning of an enactment is not clear, the preamble may be resorted to explain it.”
“Again, where very general language is used in an enactment which, it is clear must be intended to have a limited application, the preamble may be used to indicate to what particular instances the enactment is intended to apply… We cannot, therefore, start with the preamble for construing the provisions of an Act, though we would be justified in resorting to it, nay, we will be required to do so, if we find that the language used by Parliament is ambiguous or is too general though in point of fact Parliament intended that it should have a limited application.”
“The preamble cannot limit or change the meaning of the plain words… of the Act”
“It is one of the cardinal principles of the statutory construction that where the language of an Act is clear, the Preamble cannot be invoked to curtail or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear the Preamble may be resorted to explain it.”
CHAPTER I: PRELIMINARY
Short title and extent.
Interpretation clause.
CHAPTER II: OF RESERVED FORESTS
Sections 3 — 27
CHAPTER III: OF VILLAGE-FORESTS
Section 28
CHAPTER IV: OF PROTECTED FORESTS
Sections 29 — 34
CHAPTER V: OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
Sections 35 — 38
CHAPTER VI: OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
Sections 39 — 40
CHAPTER VII: OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
Sections 41 — 44
CHAPTER VIII: OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
Sections 45 — 51
CHAPTER IX: PENALTIES AND PROCEDURE
Sections 52 — 69
CHAPTER X: CATTLE-TRESPASS
Sections 70 — 71
CHAPTER XI: OF FOREST-OFFICERS
Sections 72 — 75
CHAPTER XII: SUBSIDIARY RULES
Sections 76 — 78
CHAPTER XIII: MISCELLANEOUS
Sections 79 — 85A
A “special law” is a law applicable to a particular subject [Section 41 of the Indian Penal Code, 1860]. Special laws create new offences not already punishable under general law / penal code. Courts do not take automatic notice of infractions [infringements], and the rules of special law must be brought to the notice of the courts.
Section 5 in The Indian Penal Code, 1860: Certain laws not to be affected by this Act. Nothing in this Act shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law.
Section 4 in The Code Of Criminal Procedure, 1973: Trial of offences under the Indian Penal Code and other laws.
Section 5 in The Code Of Criminal Procedure, 1973: Saving. Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.
The Hon’ble Supreme Court in Maya Mathew vs State Of Kerala & Ors on 18 February, 2010: “The rules of interpretation when a subject is governed by two sets of rules [general and special] are well settled. They are:
The Hon’ble Jharkhand High Court in Ejaj Ahmad vs State Of Jharkhand on 3 September, 2009: “Special law is a provision of law, which is applicable to a particular and specified subject or class of subject. In other words it will apply on special class of case and have no application in general cases. It is well settled that the special law prevails over the general law. Thus the general provision should yield the specific provision. In other words where there is a specific punishment provided in special Act it takes precedents over the general punishment prescribed under the IPC, but when there is no specific punishment provided under special law then the punishment prescribed under the general law i.e. IPC comes into operation.”
The Hon’ble Gujarat High Court in Isubkhan Juzarkhan Pathan vs State Of Gujarat on 2 April, 2018: “The expression ‘special law’ defined in Section 41 of Indian Penal Code cannot be taken to mean only enactment which creates fresh offences not made punishable under the Indian Penal Code.”
It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in Part B States1.
It applies to the territories which, immediately before the 1st November, 1956, were comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force in the whole or any specified part of that State to which this Act extends and where it is not in force.
“cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
“Forest-officer” means any person whom the State Government or any officer empowered by the State Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer;
“There can be no doubt that P.W. 2 [plantation watcher] is a forest officer within the meaning of Section 2(2) of the Indian Forest Act. Forest officer is defined therein as a person whom the State Government or any officer empowered by the State Government in this behalf may appoint to carry out all or any of the purposes of the Forest Act or to do anything required by the Act or any rule made thereunder to be done by a Forest Officer. P.W. 2 is a Menial-Cum-Plantation Watcher appointed by the Divisional Forest Officer who has been empowered to appoint Forest Officers. The very name Plantation Watcher shows that his duty was to watch the plantations.”
“One of the purposes of the Indian Forest Act is to protect specified trees in the protected forests and if a plantation Watcher sees a person cutting down a protected tree from a plantation, he has to carry out the purpose of protecting such trees, which means that a Plantation Watcher was a Forest officer within the meaning of Section 2(2) of the Act.”
“forest-offence” means an offence punishable under this Act or under any rule made thereunder;
“forest-produce” includes
the following whether found in, or brought from, a forest or not, that is to say:- timber, charcoal, caoutchouc [natural rubber that has not been vulcanized], catechu [katha], wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth [Dolomiaea costus] and myrabolams [the dried astringent fruit of any of several East Indian trees of the genus Terminalia (as T. chebula and T. bellerica) used chiefly in tanning and in inks, or the tree producing myrobalams], and
the following when found in, or brought from, a forest, that is to say:-
(4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge of such Court;
“river” includes any stream, canal, creek or other channels, natural or artificial;
“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
“tree” includes palms, stumps, brush-wood and canes.
“The definition is not exhaustive instead it is inclusive. Legislative intent appears to be that anything produced or found in the forest would be forest produce. The produce need not be confined to trees, plants, or bushes, but it relates to soil, minerals and animals also. The test appears to be that any article or the thing which is ordinarily found in forest shall be treated as forest produce. It, therefore, follows that all articles or goods which are produced or found in the forest would be”forest produce”… Ordinarily fish is a natural produce of pond, water channel, lake or river situate within the forest, it has to be treated as forest produce for the purposes of the Act…”
“… where a product from bamboo is commercially different from it and in common parlance taken as a distinct product, the same would not be encompassed within the expression ‘forest-produce’ as defined in section 2 (4) of the Act, despite it being inclusive in nature. That bamboo mat is taken as a product distinct from bamboo in the commercial world, has not been disputed before us and rightly… In view of all the above, we hold that bamboo mat is not a forest-produce in the eye of the Act…”
“Latex is the modern name for caoutchouc. It is nothing but natural rubber. Caoutchouc or latex means not only milky substance obtained from the trees but it included all milky substance processed, till it is made marketable. Since the processing does not result in bringing out a new commodity but it preserves the same and renders it fit for being marketed, it does not change its character. It was caoutchouc or latex when it was obtained from the trees, it continued to be caoutchouc or latex when it was treated by sulphuric acid and continued to be so even after it is dried with smoke to obtain the shape of sheets.”
“even factory made katha, which is catechu, is a forest produce within the meaning of the definition of the word ‘forest produce’ as defined under Section 2(4) of the Indian Forest Act.”
“… the dung droppings from the cattle grazed in the forest area… is not covered within the definition of forest produce… The grazing cattle are domestic animals which are not naturally found in the forest and as such the dung excreted by the cattle grazed in the forest area under licence, cannot form part of produce of animal, found in or brought from forest. Also it cannot be said that the dung droppings from the cattle grazed in the forest are under a licence assumed the character of ‘surface soil found or brought from a forest’. In our opinion, each of the two expressions ‘all other parts of produce of animal’ and the ‘surface soil, found in or brought from the forest’ refers to natural occurrence in the forest…”
Notification by State Government.-(1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette
Explanation.-For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.
The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.
Nothing in this section shall prevent the State Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
Proclamation by Forest Settlement-officer. When a notification has been issued under section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation
Powers of Forest Settlement-officer. For the purpose of such inquiry, the Forest Settlement-officer may exercise the following powers, that is to say:
On receipt of the statement and opinion, the State Government may make an order permitting or prohibiting the practice wholly or in part.
If such practice is permitted wholly or in part, the Forest Settlement-officer may arrange for its exercise
All arrangements made under sub-section (3) shall be subject to the previous sanction of the State Government.
The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restriction and abolition by the State Government.
If such claim is admitted in whole or in part, the Forest Settlement-officer shall either
For the purpose of so acquiring such land
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,
For this purpose the Forest Settlement-officer may
Provided that the State Government may establish a Court (hereinafter called the Forest Court) composed of three persons to be appointed by the State Government, and, when the Forest Court has been so established, all such appeals shall be presented to it.
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.
If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties and shall hear such appeal accordingly.
The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the State Government, be final.
Notification declaring forest reserved. (1) When the following events have occurred, namely:
the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification.
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.
“… forest roads are not public highways. No person has an unrestricted right to the use of forest roads. The State Government and the conservator have the power to impose restrictions. Considering the cost of maintenance incurred by the Forest Department, it has the power to levy a fee on the user of the road to meet the costs of maintenance. A fee is in the nature of a charge for service rendered…”
“As the forest roads are the property of the Forest Department of the State normally meant for persons connected with the working of the department, they do not stand in the same position as public highways. The department has the right to regulate use of the roads by persons or for purposes not connected with the working of the department. We are of the opinion that the imposition of a reasonable fee for such user is neither illegal nor in contravention of Article 265 of the Constitution of India.”
or who, in a reserved forest
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.
“In the absence of any evidence that these logs were Government property, I fail to understand how the conviction of the petitioner can stand for illegal removal of forest produce from a reserved area. The rules at best raise a presumption that in the absence of evidence, it shall be presumed that they are Government property, but this is only a rule of evidence and the accused cannot be convicted on a mere presumption. It was the duty of the prosecution to establish that some timbers had been felled and removed from the Government forest, and that the timbers in possession of the accused corresponded to the logs illegally removed from the Government forest…”
“It may well be that the accused may have obtained these logs from elsewhere outside the … area. It may also be that he had failed to explain wherefrom he had obtained them. It does not therefore follow that the failure of the accused to explain satisfactorily relieves the prosecution of the burden to prove that these constituted Government property and had been illegally removed.”
The State Government may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest.
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.
The forest-land and waste-lands comprised in any such notification shall be called a “protected forests”.
No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the State Government thinks sufficient. Every such record shall be presumed to be correct until the contrary is proved:
Provided that, if, in the case of any forest-land or waste-land, the State Government thinks that such inquiry and record are necessary, but that they will occupy such length of time as in the mean time to endanger the rights of Government, the State Government may, pending such inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.
Power to issue notification reserving trees, etc.- The State Government may, by notification in the Official Gazette,
Power to make rules for protected forests. The State Government may make rules to regulate the following matters, namely:
“The expression ‘breaking up or clearing for cultivation….’ occurring in Section 33(1) (c)… can only mean that what has been prohibited … is reclaiming any portion of a protected forest for the purpose of cultivation, by breaking up the soils for the first time after the publication of the notification and it does not extend to the prohibition of cultivation of such land which has already been broken up or cleared and brought into cultivation from before the issue of the notification.”
“We are convinced that their is no justification whatsoever for charging higher grazing rates for cattle belonging to persons of other States. In regard to the prescription of the route along which the cattle have to be taken while in transit, however we find nothing wrong with it, since the object is obviously to prevent cattle straying and causing indiscriminate damage to forests. We are, however, unable to justify the ceiling of 45 days in which cattle must pass through the State of Madhya Pradesh… The apprehension that cattle, if allowed to graze in the same place for a long time, may destroy the pasture and foliage altogether is taken care of by the other rules which prescribe that the cattle may not graze in the same grazing unit for more than a month.”
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.
when such regulation or prohibition appears necessary for any of the following purposes:
The State 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.
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 State Government.
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 Collector their desire
which is produced in the territories to which this Act extends, and in respect of which the Government has any right;
which is brought from any place outside the territories to which this Act extends.
In every case in which such duty is directed to be levied ad valorem the Central Government may fix by like notification the value on which such duty shall be assessed.
All duties on timber or other forest-produce which, at the time when this Act comes into force in any territory, are levied therein under the authority of the State Government, shall be deemed to be and to have been duty levied under the provisions of this Act.
Notwithstanding anything in this section, the State Government may, until provision to the contrary is made by Parliament, continue to levy any duty which it was lawfully levying before the commencement of the Constitution, under this section as then in force: Provided that nothing in this sub-section authorises the levy of any duty which as between timber or other forest-produce of the State and similar produce of the locality outside the State, discriminates in favour of the former, or which, in the case of timber or other forest-produce of localities outside the State, discriminates between timber or other forest-produce of one locality and similar timber or other forest-produce of another locality.
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 State Government, and it may make rules to regulate the transit of all timber and other forest-produce.
In particular and without prejudice to the generality of the foregoing power such rules may
prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within the State;
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;
provide for the issue, production and return of such passes and for the payment of fees therefor;
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 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;
provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge 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;
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;
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;
prohibit absolutely or subject to conditions, within specified local limits, the establishment of sawpits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber;
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.
41A. Powers of Central Government as to movements of timber across customs frontiers. Notwithstanding anything in section 41, the Central 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 the territories to which this Act extends across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section.
The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
Such rules may provide that penalties which are double of those mentioned in subsection (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.
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 State 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.
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.
The State Government may, by notification in the Official Gazette, exempt any class of timber from the provisions of this section.
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 according his reasons for so doing, or deliver the timber to the claimant.
If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons who 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.
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 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.
No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.
the salving, collection and disposal of all timber mentioned in section 45;
the use and registration of boats used in salving and collecting timber;
the amounts to be paid for salving, collecting, moving, storing or disposing such timber; and
the use and registration of hammers and other instruments to be used marking such timber.
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, carts or cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer.
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 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 offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
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, carts and cattle used in committing any forest offence, shall be liable to confiscation.
Such confiscation may be in addition to any other punishment prescribed for such offence.
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.
knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property o Government or of some person, or that it may lawfully be cut or removed some person; or
alters, defaces or obliterates any such mark placed on a tree or on timber by under the authority of a Forest-officer; or
alters, moves, destroys or defaces any boundary- mark of any forest or waste land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term which may extend to two years, or fine, or with both.
Any Forest-officer or Police-officer without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police station.
Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.
Section 2(c) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
Section 2(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant;
Examples - Murder, Kidnapping, Dacoity, etc. are cognizable offences while simple hurt, defamation, bigamy, etc. are non-cognizable offences.
Column No. 4 of the First Schedule to the Cr.PC will show whether a particular offence is cognizable or non-cognizable.
The first schedule has two parts:
concerning IPC offences
concerning non-IPC offences
If punishable with death, imprisonment for life, or imprisonment for more than 7 years \(\implies\) Cognizable, Non-bailable, triable by Court of Session
If punishable with imprisonment for 3 years and upwards but not more than 7 years \(\implies\) Cognizable, Non-bailable, triable by Magistrate of the first class
If punishable with imprisonment for less than 3 years or with fine only \(\implies\) Non-cognizable, Bailable, triable by any Magistrate
Power to try summarily.
Summary trial by Magistrate of the second class.
Procedure for summary trials.
Record in summary trials.
Judgment in cases tried summarily.
Language of record and judgment.
to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and
when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.
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.
A Forest-officer shall not be empowered under this section unless he is a Forest officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.
For each elephant ten rupees
For each buffalo or camel two rupees
For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, or heifer one rupee
For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid eight annas.
power to enter upon any land and to survey, demarcate and make a map of the same;
the powers of a Civil Court to compel the attendance of witnesses and production of documents and material objects;
power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and
power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.
“The admissibility of the confession made to the Forest Range Officer is not open to doubt since the embargo contained in Section 25 of the Evidence Act is not applicable to it. Forest Officers, though they are invested with some of the police powers, are not Police Officers. Hence they can give evidence before Court regarding admissions or confessions made to them by accused persons, whether or not such persons were then in custody. If the Court considers such confession to he reliable, there is no legal bar in acting on such confession.”
(First) - omitted
(Second) - Every Commissioned Officer in the Military, Naval or Air Forces of India;
(Third) - Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(Fourth) - Every officer of a Court of Justice (including a liquidator, receiver or commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties;
(Fifth) - Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant;
(Sixth) - Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority;
(Seventh) -Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(Eighth) - Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(Ninth) - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government;
(Tenth) - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district;
(Eleventh) - Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(Twelfth) - Every person -
in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government;
in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956).
Illustration A Municipal Commissioner is a public servant.
Explanation 1. Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2. Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Explanation 3. The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election.
to prescribe and limit the powers and duties of any Forest-officer under this Act;
to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;
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
generally, to carry out the provisions of this Act.
to extinguish any forest fire in such forest of which he has knowledge or information;
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
in preventing the commission in such forest of any forest-offence; and
when there is reason to believe that any such offence has been committed such forest in discovering and arresting the offender.
to furnish without unnecessary delay to the nearest Forest-officer or Police officer any information required by sub-section (1);
to take steps, as required by sub-section (1), to extinguish any forest fire in reserved or protected forest;
to prevent, as required by sub-section (1), any fire in the vicinity of such forest from spreading to such forest or
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 believe that any such offence has been committed in such forest, in discover and arresting the offender,
shall be punishable with imprisonment for a term which extend to one month, or with fine which may extend to two hundred rupees, or with both.
undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or
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.
Provided that no such share 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 State Government.
When any such money is payable for or in respect of any forest-produce, the amount thereof shall 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.
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.
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 Government.
85A. Saving for rights of Central Government. Nothing in this Act shall authorise a Government of any State to make any order or do anything in relation to any property not vested in that State or otherwise prejudice any rights of the Central Government or the Government of any other State without the consent of the Government concerned.