THE INDIAN FOREST ACT, CONTENTS. ARRANGEMENT OF SECTIONS. CHAPTER I. PRELIMINARY. 1. Short title and extent. 2. Interpretation clause. t!OVERNMENT OF INDIA. MINIS'tRY OF LAW. THE INDIAN FOREST ACT, (ACT XVI OP ). (AS MODIFIED UPTO THE 15TH JUNE. ). for a country and the public interest. The Indian Forest Act, was enacted after repealing the Indian Forest Act, for the purpose of consolidating the law.
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XVI of GOVERNMENT OF MAHARASHTRA. LAW AND JUDICIARY DEPARTMENT. The Indian Forest Act, (In its application to the. and the duty leviable on timber and other forest produce. Section 1 – Short title and Extent i) The act is called Indian Forest Act, ii) Extends to whole of India . (1) This Act may be called the Indian Forest Act, 1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, .
Raw materials started from match sticks, grasses for thatching and tangibles vary from aesthetic enjoyment to protection against soil erosion and regulation of water supply. Nitrogen, Calcium, Potassium, Phosphorous, Magnesium, Organic matter enriched soil erosion which leads to improve physical and chemical condition of the entire woodland areas. Thus, it is fact that the woodland covers all forms of life sustenance and is a inseparable part of the environment.
There are scientists who worked on Indian Boscage and its scientific management. The research on Indian Forest Act and its impact thereof on the Tribes were not highlighted till , Dr. Suparna Sanyal Mukherjee in her awarded Ph. D Thesis in , and narrated that the Lodha appear to be a bewildered lot. They grew up in and around the forest and continue to have a good deal of dependence, are uncertain of what is on, or what may occur in future.
Nevertheless, its collision with the copse dwellers especially the Native were not investigated properly not even the subject matter the Indian Boscage was mentioned in the Act as such.
According to Oxford Dictionary the literary meaning of Boscage is a large area with trees and undergrowth. The trees growing in it.
A large number or dense mass of vertical objects. Where existents consist of living organisms the plants and the animals are based upon.
Whether it is a tree, shrub, herb, moss, lichen, protozoa, amphibian, reptile, bird and mammal, living in a social organization of the woodland, each has a definite role to perform. Dating back from prehistoric time to the modern era, human being developed a symbiotic relationship with the never ending resource generated by the Treasure Island.
Woodlands - covered, sheltered, protected and provided resourceful livelihood sustenance for them.
In different time scale, globally the woodland areas were habitually extorted by the people at large, where Indian Boscage was no exception. The following matter has been narrated chronologically. A - Pre British Regime:- Indian Civilization, especially Indus Valley Humanisation revealed historic counteracts of the Indian Boscage, proper utilization and maintenance of woodlands was an inseparable part of their livelihood sustenance.
Civilization started flourishing way back from B. The Aryans were basically pastoral people who pursued animal husbandry and agriculture. The Boscage attracted prime importance as Dandakaranya and Nandanvan in the epics Mahabharata and Ramayana respectively.
C, which was the first time, the Western World was allured to the Physiographic and woodlands account in India. The Chandra Gupta Murya came into power in B.
C; he recognized the importance of the Indian Boscage and appointed high officials for looking after the same. The entire woodland areas were taken proper care of scientifically, by the management under Emperor Ahoka.
The Muslim invasion led to the uprooting many people from their homes. After the fall of Mughal Empire, India was divided into a number of small kingdoms. The rulers of these kingdoms were frequently fighting each other. As a result in many areas the particular population were bound to abandon cultivation, moved to other places, started shifting cultivation, and cleared more woodland areas for sizing their needs. The woodland dwellers especially the Tribes who were born within and grew in it along with other indigenous people who resided in the thicket areas from time immemorial.
In , after taking charge of India as British India, Lord Dalhausie the then Governor General promulgated for first time in an outline for Woodland Conservancy for unmitigated India. Issued a memorandum as a charter of Indian Boscage. In , Dr. Brandis was appointed as the Superintendent of Forest in Pegu Mayanmar.
They instantly exercised powers for monopolizing the extortion from these Treasured Areas; thereby initiated a rule and later enacted as a legal binding, which conclusively protected them, providing them exclusivity in the field of such extortion, securing them in extraction of forest products of every nature, from its length and breadth.
Vast quantity of timber was removed for ship building, laying railway tracks. The Indian Woodlands came across several facts and figures by the then British Government through a chronological approach.
Starting from British Regime to the last phase of it, the Indian Boscage faced various pros and cons of legality which was made by the British for their vested trading interests , ultimately pushed the Indian Boscage in a situation of jeopardy.
The post colonial period experienced rapid changes of Indian Boscage. But the law has been criticized for years for providing immense discretion and powers to the forest bureaucracy. Forest officials could govern areas declared as forestlands of different types and hence arrest and prosecute forest-dwellers. What are the key features of amendments? Production forests: The draft introduces a new category of forests named production forests for the purpose of production of timber, pulp, pulpwood, firewood, non-timber forest produce, medicinal plants or any forest species in order to increase production in the country for a certain period.
Offence: Some offences that were earlier bailable have been proposed to be made non-bailable.
The responsibility of proving innocence in many cases has been left on the accused who are to be presumed guilty till proven otherwise. Protection: The draft law also proposes to provide immunity to Forest-officer using arms, etc.
This is in addition to the immunity provided under section of the Code of Criminal Procedure for certain categories of Public Servant. The immunity under the draft forest law is higher than what other government officers are usually provided.
Even state governments would not be allowed to grant permission for prosecution without first constituting an inquiry by an authority. This applies for Fire is wilfully caused or by negligence in a reserved forest. Theft of forest produce. Publication of translation of such notification in neighbourhood of forest Power to revise arrangement made under section 15 or section 18 No right acquired over reserved forest, except as here provided: No right of any description shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of the Government or some person in whom such right was vested when the notification under section 20 was issued.
Rights not to be alienated without sanction Power to stop ways and water-courses in reserved forests Acts prohibited in such forests: Any person who a makes any fresh clearing prohibited by section 5 b sets fire to a reserved forest c kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf, d trespasses or pastures cattle, or permits cattle to trespass; e causes any damage by negligence in felling any tree or cutting or dragging any timber; f fells, girdles, lops, or bums any tree or strips off the bark or damages, the same; g quarries stone, bums lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce; h clears or breaks up any land for cultivation or any other purpose; Power to declare forest no longer reserved.
Formation of village-forests: All forests so assigned shall be called village-forests. Protected forests: Power to issue notification reserving trees Publication of translation of such notification in neighborhood Power to make rules for protected forests.
The State Government may make rules to regulate the following matters, namely: Penalties for acts in contravention of notification under section 30 or of rules under section Nothing in this Chapter to prohibit acts done in certain cases: Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest- officer Protection of forests for special purposes: Power to assume management of forests: Expropriation of forests in certain cases: Protection of forests at request of owners Power to impose duty on timber and other forest- produce Limit not to apply to download-money or royalty Powers of Central Government as to movements of timber across customs frontiers: Penalty for breach of rules made under section Government and Forest-officers not liable for damage to forest-produce at depot All persons bound to aid in case of accidents at depot.
Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly Notice to claimants of drift timber Procedure on claim preferred to such timber Disposal of unclaimed timber Government and its officers not liable for damage to such timber Payments to be made by claimant before timber is delivered to him Power to make rules and prescribe penalties: Seizure of property liable to confiscation: Power to release property seized under section 52 Procedure thereupon: Upon the receipt of any such report, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.
Forest-produce, tools, etc.
Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed: When the trial of any forest-offence is concluded, any forest- produce in respect of which such offence has been committed shall be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.
Procedure when offender not known or cannot be found: When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forest- officer Procedure as to perishable property seized under section The Magistrate may, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.
Appeal from orders under section 55, section 56 or section The officer made the seizure under section 52, or any of his official superiors, or any person claim to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal there from to the Court. Property when to vest in Government: Punishment for wrongful seizure.