(1) The State Government may, by notification in the Official Gazette, declare the provisions of this Chapter applicable to any forest-land or waste-land which,, is not included in a reserved forest but which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled.
(2) The forest-land and waste-lands comprised in any such notification shall be called a "protected forest".
(3) No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been inquired into and recorded at a survey or settlement, or in such other manner as the 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 meantime 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.
The State Government may, by notification in the Official Gazette,
(a) Declare any trees or class of trees in a protected forest to be reserved from a date
fixed by, the notification;
(b) Declare that any portion of such forest specified in the notification shall be closed for
such term, rot exceeding thirty years, as the State Government thinks fit, and that the rights of
private persons, if any, over such portion shall be suspended during such terms, provided that the
remainder of such forest be sufficient, and in a locality reasonably convenient, for the due
exercise of the right suspended in the portion so closed; or
(c) Prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime
or charcoal, or the collection or subjection to any manufacturing process, or removal of, any
forest-produce in any such forest, and the breaking up or clearing for cultivation, for building,
for herding cattle or for any other purpose, of any land in any such forest.
The State Government may make rules to regulate the following matters, namely:
(a) The cutting, sawing, conversion and removal of trees and timber, and the collection,
manufacture and removal of forest-produce, from protected forests;
(b) The granting of licences to the inhabitants of towns and villages in the vicinity of
protected forests to take trees, timber or other forest-produce for their own use, and the
production and return of such licences by such persons;
(c) The granting of licences to persons felling or removing trees or timber or other
forest-produce from such forests for the purposes of trade, and the production
(d) The payments, if any, to be made by the persons mentioned in clauses (b) and (c) for
permission to cut such trees, or to collect and remove such timber or other forest-produce;
(e) The other payments, if any, to be made by them in respect of such trees, timber and
produce, and the places where such payment shall be made;
(f) The examination of forest-produce passing out of such forests;
(g) The clearing and breaking up of land for cultivation or other purposes in such
forests;
(h) The protection from fire of timber lying in such forests and of trees reserved under
section 30;
(i) The cutting of grass and pasturing of cattle in such forests;
(j) Hunting, shooting, fishing, poisoning water and setting traps or snares in such forests
and the killing or catching of elephants in such forests in areas in which the Elephants
Preservation Act, 1879 (6 of 1879), is not in force;
(k) the protection and management of any portion of a forest closed under section 30;
and
(l) the exercise of rights referred to in section 29.
(1) Any person who commits any of the following offences, namely:
(a) fells, girdles, lops, taps or bums any tree reserved under section 30, or strips off the
bark or leaves from, or otherwise damages, any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or bums any lime or
charcoal or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any
other purpose any land in any protected forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to
prevent its spreading to any tree reserved under section 30, whether standing fallen or felled, or
to say closed portion of such forest;
(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed
portion;
(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to damage any such tree;
(h) infringes any rule made under section 32, 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.
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.
Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest-officer, or in accordance with rules made under section 32, or, except as regards any portion of a forest closed under section 30, or as regards any rights the exercise of which has been suspended under section 33, in the exercise of any right recorded under section 29.
Page Last Updated: 02-07-2025 12:00 AM
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