Chapter X MISCELLANEOUS

to them, call for and examine the record of any forest officer in respect of any proceeding, not being a proceeding in respect of which a suit, an appeal or application or a reference to a court is provided under this Act, to satisfy themselves as to the regularity of such proceeding, or the correctness, legality or propriety of any decision passed or order made therein; and, if in any case, it appears to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly: Provided that every application to the Government for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant.

1. (2) No order prejudicial to any person shall be passed under sub- section (1) unless such person has been given an opportunity of making his representation.
2. (3) The Government may suspend the execution of any proceeding, decision or order pending the exercise of their power under sub-section (1) in respect thereof.

The Government may, by notification exempt for reasons to be recorded in writing, any area from all or any of the provisions of this Act, but not so as to affect anything done, or any offence committed, or any fine imposed or penalty levied, or any proceedings commenced in such place before such exemption, and may in like manner vary or cancel such notification.

1. (1) The Government may, by notification make rules to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for --- (a) declaring by which forest officer or class of forest officers, the powers conferred or duties imposed by or under this Act on a forest officer shall be exercised or performed; (b) regulating the procedure to be followed by the Forest Settlement Officer; (c) regulating the rewards to be paid to officers or informers from the proceeds of fines and confiscations under this Act, or from the Government treasury; (d) regulating or prohibiting, hunting, shooting, carrying firearms, fishing, poisoning of water or setting traps or snares on or from any public road passing through or situated within a distance of thirty metres from any forest; (e) the preservation, reproduction and disposal of trees and timber belonging to the Government; (f) any other matter which is to be or may be prescribed. (3) Every rule made under this Act shall immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session, or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form, or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (4) Any person contravening any rule under this Act, for the contravention of which no special penalty is provided shall be punishable with imprisonment 1[for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than twenty thousand rupees]: Provided that no prosecution under this sub-section shall be instituted without the previous sanction of the Divisional Forest Officer. 2[68 A-Proof of Notification -Production of a copy of notification issued under this Act as authenticated by the Divisional Forest Officer concerned shall be conclusive proof of existence of such notification.]

notification make rules to carry out all or any of the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for ---
   • (a) declaring by which forest officer or class of forest officers, the powers conferred or duties imposed by or under this Act on a forest officer shall be exercised or performed;
   • (b) regulating the procedure to be followed by the Forest Settlement Officer;
   • (c) regulating the rewards to be paid to officers or informers from the proceeds of fines and confiscations under this Act, or from the Government treasury;
   • (d) regulating or prohibiting, hunting, shooting, carrying firearms, fishing, poisoning of water or setting traps or snares on or from any public road passing through or situated within a distance of thirty metres from any forest;
   • (e) the preservation, reproduction and disposal of trees and timber belonging to the Government;
   • (f) any other matter which is to be or may be prescribed.
2. (3) Every rule made under this Act shall immediately after it is made be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session, or in two successive

sessions, and if, before the expiration of the session in which it is so laid

or the session immediately following, both Houses agree in making any

modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form, or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (4) Any person contravening any rule under this Act, for the contravention of which no special penalty is provided shall be punishable with imprisonment 1[for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than twenty thousand rupees]: Provided that no prosecution under this sub-section shall be instituted without the previous sanction of the Divisional Forest Officer. 2[68 A-Proof of Notification -Production of a copy of notification issued under this Act as authenticated by the Divisional Forest Officer concerned shall be conclusive proof of existence of such notification.]

notification delegate any of the powers conferred on them by sections 18, 19, 21, 24, 25 and sub-section (2) of section 61, to the

3[Principal Chief

Recovery of money due to Government -(1) All monies, other than fines imposed by the magistrate, duly ascertained and payable to the Government under this Act, or any rule made thereunder, or on account of timber or forest produce or of expenses incurred in the execution of this Act in respect of timber or forest produce or under any contract relating to timber or forest produce including any sum recoverable thereunder for the

breach thereof or in consequence of the cancellation or under the terms of

a notice relating to the sale of timber or forest produce by auction or by invitation of tenders, issued by or under the authority of a Divisional Forest Officer and all compensations awarded to Government under this Act including the compensation under section 59 may, if not paid when due, to recovered as if it were an arrear of land revenue.

1. (2) Where the money referred to in sub-section (1) is payable for, or in respect of any forest produce, the amount thereof shall be deemed to be a first charge on that produce; and if the amount be not paid when due, the produce may be taken possession of by or under the authority of the Divisional Forest Officer, and may be retained until such amount is paid, or the forest officer may sell the produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount.
2. (3) The surplus, if any, shall be paid to the person entitled thereto.

purpose under the Land Acquisition Act, 1894 -Whenever it appears to the Government that any land is required for any of the purpose of this

Repeal -(1) The Andhra Pradesh (Andhra Area), Forest Act 1882 and the Andhra Pradesh (Telangana Area) Forest Act, 1355 F., are hereby repealed.

1. (2) Upon such repeal, the provisions of sections 8 and 18 of the Andhra Pradesh General Clauses Act, 1891 shall apply. . Substituted by Act 15 of 2016, section 26. . Section inserted by Act 15 of 2016, section 27. . Substituted by Act 15 of 2016, section 27.