Chapter I PRELIMINARY

the Andhra Pradesh Forest Act, 1967.

1. (2) It extends to the whole of the State of Andhra Pradesh.
2. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

1[(a) ‘associate’ means in relation to person whose property is liable to be forfeited under this Act, and includes,-

(i). any individual who had been or is managing the affairs

or keeping the accounts of such person; (ii). any association of persons, body of individuals, partnership firm or private company within the meaning of the Companies Act, 2013 of which such person had been or is a member, partner or director; (iii). any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm of private company referred to in sub-clause (ii) at any time when such person had been or is a member, partner or Director of such association, body, partnership firm or private company;

(iv). any person, who had been or is managing the affairs,

or keeping the accounts of any association of persons, body of individuals, partnership firm of private company referred to in sub-clause(iii);

(v). the trustee of any trust, where,-

1. (1) the trust has been created by such person’ or
2. (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts on the date of which contribution is made, to not less than twenty percent of the value of the assets of the trust on that date;] (vi). Where the competent authority, for reasons to be recorded in writing, considers that any properties of such person or held on his behalf by any other person, such other person. 2[(aa)] ‘cattle’ includes cows, oxen, elephants, camels, buffaloes, horses, mules, asses, pigs, sheep, goats and such other kind of animals as the Government may, by notification, specify; . Clause inserted by Act 15 of 2016, section 2. . Renumbered the clause by Act 15 of 2016, section 2. 1[(ab) ‘competent authority’ means an officer authorized by Government in this behalf not below the rank of the Chief Conservator of Forests to perform the functions assigned to him in respect of such persons or classes as may be prescribed who have illegally acquired properties by trade in Sandal wood or Red Sanders wood or Scheduled tree.] 2[(b) ‘Court’ means the Principal Civil Court, the Court of Assistant Sessions Judge/Additional Session Judge of original jurisdiction and also includes a Special court headed by a Magistrate constituted by the Government for trail of forest offences;]
   • (c) ‘Divisional Forest Officer’ means the forest officer in independent charge of a forest division;
   • (d) ‘forest division’ means such area as may be declared, by notification, by the Government or by such authority as may be empowered by the Government in this behalf, to be a forest division for the purposes of this Act;
   • (e) ‘forest offence’ means an offence punishable under this Act or any rule made thereunder; (f)‘forest officer’ means any person appointed by the Government or by any officer empowered by the Government in this behalf,- 3[(i) to be the Principal Chief Conservator of Forests, Special Principal of Forests, Chief Conservator of Forests, Additional Principal Chief Conservator of Forests, Chief Conservator of Forests, Conservator, Deputy Conservator, Assistant Conservator, Divisional Forest Officer, Sub-Divisional Forest Officer, Ranger, Deputy Ranger, Forester of Forest Section Officer, Forest Guard or Forest Beat officer, Assistant Beat Officer, Thanadar, Checking Officer or Plantation Watcher or any other person or authority as may be notified;]
     • (ii) to perform any function of a Forest officer under this Act or any rule or order made thereunder; but does not include a Forest Settlement Officer appointed under clause(c) of sub-section(1) of section 4;
   • (g) ‘forest produce’ includes- (1)The following whether found in, or brought from a forest or not, that is to say timber, bamboos, charcoal, rubber, cacutchour, catechu, wood-oil, resin, natural varnish bark, lac, mahua flowers, mahua seeds, myrobalans, tumki leaves, rousa grass, rauwolfa serpentine, adda leaves;
3. (2) The following when found in, or brought from a forest, that is to say- (i)trees, such leaves, flowers and fruits as may be prescribed and all other parts or produce not herein before mentioned of trees;
   • (ii) plants not being trees (including grass, creepers, reeds and mose) and all parts or produce of such plants, . Clause inserted by Act 15 of 2016, section 2. . Substituted by Act 15 of 2016, section 2. . Substituted by Act 15 of 2016, section 2. (iii)wild animals, wild birds, skins, tusks, horns, bones, silk cocoons, honey, wax, and all other parts or produce of animals and birds; (iv)peat, surface soil, rock and minerals (including lime stone and laterite), mineral oil and all products of mines or quarries; and (3)Such other produce as may be prescribed;
   • (h) ‘Government’ means the State Government; 1[(hh) ‘illegally acquired property’ means in relation to any

person to whom this Act applies:-

1. (i) any property acquired by such person, wholly or partly out of or by means of any income earnings or assets derived or obtained from or attributable to illegally acquired sandal wood or Red Sanders wood or Scheduled Tree;
2. (ii) any property acquired by such person, for a consideration or by any means, wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes,-

1. (a) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holder is or was a transferee in good faith for adequate consideration;
2. (b) any property acquired by such person, for a consideration, or by any means, wholly or partly traceable to any property falling under item (a), or the income or earnings therefrom; Explanation:- for the purpose of this clause, “property” means property and assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from the illegally acquired Sandal wood or Red Sanders wood or Scheduled Tree.] 2[(i) ‘Magistrate’ means a Magistrate having jurisdiction to try forest offences and includes the Assistant Sessions Judge/Additional Sessions Judge of a District Court having jurisdiction;] (j)‘notification’ means a notification published in the Andhra Pradesh Gazette;
3. (k) ‘owner’ in relation to a forest includes a mortgagee with possession, lessee or other person having right to the possession and enjoyment of the forest; (l)‘prescribed’ means prescribed by rules made under this Act; 3[(m) ‘‘Red Sanders Wood’ means the wood derived out of any part of the tree known by its Botanical name as “Pterocarpus santalinus”. and includes chips, dust of powder of such wood or articles converted into any other form or any extract derived therefrom.] . Clause inserted by Act 15 of 2016, section 2. . Substituted by Act 15 of 2016, section 2. . Substituted by Act 15 of 2016, section 2.
4. (n) ‘river’ includes a stream, canal, backwater, creek and other channel, natural or artificial;
5. (o) ‘sandalwood’ means the wood derived out of any part of the tree known by its botanical name as Santalum album and

includes chips, dust or powder of such wood;

1. (p) ‘teakwood’ means the wood derived out of any part of the tree known by its botanical name as Tectona grandis;
2. (q) ‘timber’ includes trees fallen or felled, and all wood, cut up or sawn;
3. (r) ‘tree’ includes bamboos, stems, brushwood and canes. 1[(s) ‘scheduled tree’ means any kind of tree species as specified in the Scheduled under section 32-E;
4. (t) ‘trivial offence’ includes minor deviations from the prescribed provisions of Act or rules made thereunder such as corrections on permits etc., use of forest produce for domestic purpose and offences involving forest produce valued at less than Rs. 1000(rupees one thousand) only;]