(1) Every person who exercises any right in a reserved or protected forest, or who is permitted to take any forest-produce from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is employed by any such person in such forest, and
every person in any village contiguous to such forest who is employed by the Government or who receives emoluments from the Government for services to be performed to the community,
shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police officer any information he may possess respecting the commission of, or intention to commit, any forest-offence, and shall forthwith take steps, whether so required by any Forest-officer or Police officer or not,-
(a) To extinguish any forest fire in such forest of which he has knowledge or information.
(b) To prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest,
and shall assist any Forest-officer or Police-officer demanding his aid –
(c) In preventing the commission in such forest of any forest-offence; and
(d) when there is reason to believe that any such offence has been committed such forest in discovering and arresting the offender.
(2) Any person who, being bound so to do, without lawful excuse (the burden ofprovin which shall lie upon such person) fails–
(a) To furnish without unnecessary delay to the nearest Forest-officer or Polic( officer any information required by subsection (1);
(b) To take steps, as required by sub-section (1), to extinguish any forest fire in reserved or protected forest;
(c) to prevent, as required by sub-section (1), any fire in the vicinity of such fore.4 from spreading to such forest or
(d) to assist any Forest-officer or Police officer demanding his aid in preventing th commission in such forest of any forestoffence, 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.
(1) If the Government and any person be jointly interested in any forest or waste-land, a in the whole or any part of the produce thereof, the State Government may either –
(a) undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person so jointly interested as it deems necessary for the management thereof and the interests of all parties therein.
(2) When the State Government undertakes under clause (a) of sub-section (1) the management of any forest, waste-land or produce, it may, by notification in the Official Gazette, declare that any of the provisions contained in Chapters 11 and IV shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly.
If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary rights or to any part of the forest-produce of which the Government is entitled upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the fact being established to the satisfaction of the State Government that such service is no longer so performed:
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.
All money payable to the Government under this Act, or under any rule made under this Act, or on account of the price of any forest produce, or of expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be recovered under the law for the time being in force as if it were an arrear of land-revenue.
(1) When any such money is payable for or in respect of any forestproduce, 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.
(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.
(3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to Government.
Whenever it appears to the State Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894)
When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any an bond or instrument to perform any duty or act or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land revenue.
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.]
- [Rep. by Repealing and Amending Act, 1947 (2 of 1948), sec.2 and Sch.]
THE SCHEDULE.-[Enactments Repealed.] Rep. by sec.2 and Sch., ibid.
1 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for sub-sections (2) and (3)
2 This Act has been declared to be in force in the Khondmals District by the Khondmals Laws Regulation 1936 (4 of 1936), sec. 3 and Sch; and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936) sec. 3 and Sch.
This Act has been extended to :-
(1) Berar (partially) by the Berar Laws Act, 1941 (4 of 1941).
(2) The Province of Coorg, see Coorg Gazette, 1930, Pt. I p. 94.
(3) The Delhi Province, see Gazette of India, 1933, Pt. IIA, p. 293.
(4) The whole of Madhya Pradesh, by M.P. Act 23 of 1958.
(5) Dadra and Nagar Haveli, by Reg. 6 of 1963, sec, 2 and Sch. I (w.e.f. 1.7.1965).
(6) Pondicherry by Reg. 7 of 1963, see. 3 and Sch. (w.e.f. 1.10.1963).
(7) Goa, Daman and Diu by Reg. II of 1963, sec. 3 and Sch.; and
(8) Laccadive, Minicoy and Amindivi Islands by the Reg. 8 of 1965, sec. 3 and Sch. (w.e.f. 1.10.1967).
(9) Sikkim by S.O. 1138 (E), dated 1st December, 1988 (w.e.f. 20.4.1989).
3 The words "the G.G. in C., or" omitted by the A.O. 1937.
4 Ins. by Act 26 of 1930, sec. 2.
5 Ins. by Act 3 of 1933, sec. 2.
6 The words "subject to the control of the G.G. in C.," omitted by the A.O. 1937.
7 Subs. by the A.O. 1937, for "L.G."
8 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States".
9 The proviso omitted by the A.O. 1937.
10 Ins. by the A.O. 1937 as amended by para. 2 and Sch. to the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
11 Subs. by the A.O. 1950, for "the Central Legislature"
12 i.e. the 26th January, 1950.
13 Subs. by the A.0. 1950, for "Part III of the Government of India Act, 1935".
14 Subs. by the A.0. 1937, for "British India".
15 Ins. by the A.O. 1937.
16 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States".
17 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part A States and Part C States".
18 Subs. by the A.O. 1950, for the former section 85A which had been inserted by the A.0. 1937.
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