Chapter III PROTECTED FORESTS

any forest or waste land which is the property of the Government or which is placed under their control for management and which is not included in a reserved forest, to be a protected forest and, on such declaration, the provisions of this Chapter shall apply to such protected forest.

1. (2) No such notification shall be made in respect of any land unless the nature and extent of the rights of the Government and of private . Substituted by Act 15 of 2016, section 4. persons in or over such land have been inquired into and recorded at a survey of settlement, or in such other manner as may be prescribed and every such record shall be presumed to be correct until the contrary is proved: Provided that, where in the case of any land, the Government consider that such inquiry and record are necessary, but that the completion thereof will occupy such length of time, as in the meantime, to endanger the rights of the Government, the Government may, pending such inquiry and record, declare such land to be protected forest but such declaration shall not affect or abridge any existing rights of individuals or communities.

wilfully or negligently by any person in any protected forest or a portion thereof, the Government may direct that such forest or portion thereof be closed against pasture for such period as they think fit.

1. (2) Whoever pastures cattle or allows cattle to trespass in protected forest closed against pasture under this section shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both.

Government may, by notification,-

1. (a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;
2. (b) prohibit, from a date fixed as aforesaid the quarrying of stone, or the burring 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 such forest.

1. (2) A translation into the main language of the locality of every notification issued under this section shall be caused to be affixed in a conspicuous place in every town and village in the neighbourhood of the protected forest comprised in the notification.

1. (1) Subject to all rights now vested in individuals and communities by law or custom or usage having the force of law, the Government may make rules to regulate the use of the pasturage or of the natural produce of any protected forest; and such rules may with respect to such forests- (a) regulate the occupation, clearing, ploughing or breaking up of land for cultivation or other purposes; (b) regulate or prohibit the kindling of fire and provide for the precautions to be taken to prevent and spreading of fire; (c) regulate the cutting, sawing, conversion and removal of trees and timber and the collection and removal of natural produce; (d) regulate the quarrying of stone, the boiling of catechu or the burning of lime or charcoal; (e) regulate or prohibit the cutting of grass or the pasturing of cattle and regulate the payments, if any, to be made for such cutting or pasturing; (f) regulate or prohibit hunting, shooting, fishing, poisoning of water and setting traps or snares; (g) regulate the sale or free grant of timber or other natural produce; (h) specify the fees, royalties, or other payments for such timber or other natural produce and the manner in which such fees, royalties or other payments shall be levied. 1[(2) Whoever contravenes any rule made under subsection (1) shall be punishable.- (i) in every case where any of the acts aforesaid relates to Red Sanders wood or Sandal wood or any scheduled tree shall upon conviction be punishable with imprisonment for term which may extend to ten years and fine which may extend to ten lakh rupees; provided that,- (a) in case of first offence, the term of imprisonment shall not be less than five years and an amount of fine shall not be less than three lakh rupees; and (b) in case of second and subsequent offences, the term of imprisonment shall not be less than seven years and an amount of fine shall not be less than five lakh rupees: (ii) in any other case, with imprisonment for a term which shall not be less than three months but which may extend upto five years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees: provided that,- (a) in case of first offence, the term of imprisonment shall not be less than three months but which may extend upto three years and with fine which shall not be less than five thousand rupees; and (b) in case of second and subsequent offences the term of imprisonment shall not be less than one year but which may extend up to five years with fine which shall not be less than thirty thousand rupees.] (3) The Government may, by notification and for reasons to be recorded in writing, exempt any person or class of persons belonging to the

individuals and communities by law or custom or usage having the force of law, the Government may make rules to regulate the use of the pasturage or of the natural produce of any protected forest; and such rules may with respect to such forests-

1. (a) regulate the occupation, clearing, ploughing or breaking up of land for cultivation or other purposes;
2. (b) regulate or prohibit the kindling of fire and provide for the precautions to be taken to prevent and spreading of fire;
3. (c) regulate the cutting, sawing, conversion and removal of trees and timber and the collection and removal of natural produce;
4. (d) regulate the quarrying of stone, the boiling of catechu or the burning of lime or charcoal;
5. (e) regulate or prohibit the cutting of grass or the pasturing of cattle and regulate the payments, if any, to be made for such cutting or pasturing;
6. (f) regulate or prohibit hunting, shooting, fishing, poisoning of water and setting traps or snares;
7. (g) regulate the sale or free grant of timber or other natural produce;
8. (h) specify the fees, royalties, or other payments for such timber or other natural produce and the manner in which such fees, royalties or other payments shall be levied. 1[(2) Whoever contravenes any rule made under subsection (1) shall be punishable.-
   • (i) in every case where any of the acts aforesaid relates to Red Sanders wood or Sandal wood or any scheduled tree shall upon conviction be punishable with imprisonment for term which may extend to ten years and fine which may extend to ten lakh rupees; provided that,-
9. (a) in case of first offence, the term of imprisonment shall not be less than five years and an amount of fine shall not be less than three lakh rupees; and
10. (b) in case of second and subsequent offences, the term of imprisonment shall not be less than seven years and an amount of fine shall not be less than five lakh rupees:
    • (ii) in any other case, with imprisonment for a term which shall not be less than three months but which may extend upto five years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees: provided that,-
11. (a) in case of first offence, the term of imprisonment shall not be less than three months but which may extend upto three years and with fine which shall not be less than five thousand rupees; and
12. (b) in case of second and subsequent offences the term of imprisonment shall not be less than one year but which may extend up to five years with fine which shall not be less than thirty thousand rupees.]

1. (3) The Government may, by notification and for reasons to be recorded in writing, exempt any person or class of persons belonging to the

Power to declare protected forest to cease to be protected -The Government may, by notification, direct that from a date to be fixed by such notification, any protected forest or any portion thereof shall cease to be a protected forest.