Chapter II RESERVED FORESTS

a reserved forest in the manner hereinafter provided.

any land as a reserved forest, the Government shall publish a notification in the Andhra Pradesh Gazette and the District Gazette concerned, if any;

1. (a) specifying, as nearly as possible, the situation and limits of such land; (b)declaring that it is proposed to constitute such land as reserved forest; (c)appointing a Forest Settlement Officer to consider the objections, if any, against the declaration under clause (b), and to enquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of, any person in or over any land comprised within such limits, or to any forest produce of such land, and to deal with the same as provided in this Chapter. Explanation-(1) For the purpose of clause (a), it shall be sufficient to describe the limits of the land by any well-known or readily intelligible boundaries, such as roads, rivers, bridges and the like.

1. (2) A person appointed to be a Forest Settlement Officer under clause
   • (c) of sub-section (1) shall be an officer of the Revenue Department not below the rank of a Revenue Divisional Officer.
2. (3) Any forest officer may represent the Forest Department at the inquiry conducted under this Chapter.

between the dates of the publication of the notification under section 4 and the notification to be issued under section 15, entertain any suit or other action against the Government to establish any right in, or over, any land, or to the forest produce of any land included in the notification published under section 4.

.Clauses inserted by Act 15 of 2016, section 2.

has been issued under section 4, the Forest Settlement Officer shall publish in the main language of the District, in the District Gazette concerned or where there is no such Gazette, in the Andhra Pradesh Gazette, and in the regional language in every town and village and at the headquarters of each taluk and at the office of the Gram Panchayat, in which any portion of land included in the said notification is situated, a proclamation,- (a)specifying, as nearly as possible, the situation and limits of the land proposed to be included within the reserved forest; (b)setting forth the substance of the provisions of section 7; (c)explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and (d)fixing a period of not less than six months and not more than one year from the date of publishing such proclamation at the headquarters of the taluk, and calling for objections, if any, within the period so fixed from any person interested against the declaration under clause (b) of sub-section (1) of section 4, and requiring every person claiming any right in such land either to present to the said officer, within the period so fixed, a written statement specifying, or to appear before him within the said period and state, the nature of such rights, and in either case to produce all documents in support thereof.

1. (2) The Forest Settlement Officer shall also serve in the manner prescribed, a copy of the proclamation on every known or reputed owner or occupier of any land included in or adjoining the land proposed to be constituted as a reserved forest, or on his recognised agent or manager.

1. (1) During the interval between the publication of a notification in the Andhra Pradesh Gazette under Section 4 and the date fixed by the notification under Section 15-
   • (a) no right shall be acquired by any person in or over the land included in the notification under Section 4 except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under Section 4;
   • (b) no new house shall be built or plantation formed, no fresh clearing for cultivation or for any other purpose shall be made, on such land and no trees shall be cut from such land for the purpose of trade or manufacture: Provided that nothing shall prohibit the doing of any act specified in this clause with the permission in writing of the Forest Settlement Officer; and
   • (c) no person shall set fire or kindle or leave burning any fire in such manner as to endanger or damage such land or forest produce.
2. (2) No patta in such land shall be granted by or on behalf of the

Inquiry by Forest Settlement Officer-(1) The Forest Settlement Officer shall consider every objection and inquire into every claim made under section 6, after recording in writing the statements made or evidence given in pursuance of the proclamation published or notice served under that section. He shall record any representation which the

forest officer, if any, representing the Forest Department under sub- section (3) of section 4, may make in respect of any such objection or claim.

1. (2) The evidence under sub-section (1) shall be recorded in the manner provided by the Code of Civil Procedure.1908 in appealable cases.

under section 8, the Forest Settlement Officer may exercise the following powers, namely:-

1. (a) power to enter by himself or to authorise any officer to enter upon any land and to survey, demarcate and make a map of the land; and
2. (b) the powers conferred on a civil court by the Code of Civil Procedure 1908, for summoning and enforcing the attendance of any person and examining him on oath and requiring the production of any document or other article.

1. (1) where the claim relates to a right in or over any land other than the following rights:- (a) a right of way; (b) a right to water-course, or to use of water; (c) a right of pasture; or (d) a right to forest produce; the Forest Settlement Officer shall, after considering the particulars of such claim, and the objections of the forest officer, if any, pass, an order, admitting or rejecting the same wholly or in part after recording the reasons therefor. (2)(a) If any claim is admitted wholly or in part under sub-section (1), the Forest Settlement Officers may- (i) accept the voluntary surrender of the right by the claimant or determine the amount of compensation payable for the surrender of the right of the claimant, as the case may be; or (ii) direct the exclusion of the land from the limits of the proposed forest; or (iii) acquire such land in the manner provided by the Land Acquisition Act, 1894 (hereinafter in this sub- section referred to as the said Act.) (b) For the purpose of acquiring such land- (i) the acquisition shall be deemed to be for a public purpose; and the notification under section 4 shall be deemed to be a notification under sub-section (1) of section 4 of the said Act; (ii) the Forest Settlement Officer shall be deemed to be a Collector under the said Act, and the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of the said Act; (iii) the provisions of sections 5-A, 6,7 and 8 of the said Act shall not be applicable; and (iv) the Forest Settlement Officer with the consent of the claimant, or the Court as defined in the said Act with the consent of the claimant and of the Government may, instead of money compensation, award compensation by the grant of any other land in exchange, by the grant of any right in or over land or partly by the grant of any land of any right therein and partly by the payment of money.

over any land other than the following rights:-

1. (a) a right of way;
2. (b) a right to water-course, or to use of water;
3. (c) a right of pasture; or
4. (d) a right to forest produce; the Forest Settlement Officer shall, after considering the particulars of such claim, and the objections of the forest officer, if any, pass, an order, admitting or rejecting the same wholly or in part after recording the reasons therefor. (2)(a) If any claim is admitted wholly or in part under sub-section (1), the Forest Settlement Officers may-
   • (i) accept the voluntary surrender of the right by the claimant or determine the amount of compensation payable for the surrender of the right of the claimant, as the case may be; or
   • (ii) direct the exclusion of the land from the limits of the proposed forest; or
   • (iii) acquire such land in the manner provided by the Land Acquisition Act, 1894 (hereinafter in this sub- section referred to as the said Act.)
5. (b) For the purpose of acquiring such land-
   • (i) the acquisition shall be deemed to be for a public purpose; and the notification under section 4 shall be deemed to be a notification under sub-section (1) of section 4 of the said Act;
   • (ii) the Forest Settlement Officer shall be deemed to be a Collector under the said Act, and the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of the said Act;
   • (iii) the provisions of sections 5-A, 6,7 and 8 of the said Act shall not be applicable; and
   • (iv) the Forest Settlement Officer with the consent of the claimant, or the Court as defined in the said Act with the consent of the claimant and of the Government may, instead of money compensation, award compensation by the grant of any other land in exchange, by the grant of any right in or over land or partly by the grant of any land of any right therein and partly by the payment of money.

(1) Where the claim relates to any of the rights specified in clauses (a) to (d) of sub-section (1) of section 10, the Forest Settlement Officer shall, after considering the particulars of such claim so far as may be necessary to define the nature, incidents and extent of the right claimed, and the objections of the forest officer, if any, pass an order, admitting or rejecting such claim wholly or in part, after recording the reasons therefor.

1. (2) Where the claim admitted relates to a right for the beneficial enjoyment of any land or building, the Forest Settlement Officer shall record the designation, position and area of such land and the designation and position of such building.
2. (3) Where the claim admitted relates to a right of way or to a water course or to the use of water, the Forest Settlement Officer shall, either accept the voluntary surrender of the right by the claimant, with or without conditions, or pass an order for the continuance of the exercise of such right, subject to such conditions as may be agreed upon between the Forest Department and the claimant or in default of such agreement, as the Forest Settlement Officer, may impose.
3. (4) Where the claim admitted relates to a right of pasture or to forest produce, the Forest Settlement Officer shall either accept the voluntary surrender of such right or pass an order, providing for the exercise of such right, if any, subject to such conditions or restrictions as he may impose, or directing the exclusion of the land of sufficient extent, of a suitable kind, and in a locality reasonably convenient to the claimant, by altering the limits of the proposed reserved forest.
4. (5) In the order passed under sub-section (4) the Forest Settlement Officer shall record, as far as practicable, the number and description of the cattle which the claimant is from time to time, entitled to graze, the local limits within which, and the seasons during which, such pasture is permitted, or the quantity of timber or other forest produce which the claimant is authorised to take or receive, the local limits, within which, the seasons during which, and the mode in which , the taking or receiving such produce is permitted, and such other particulars as may be required in order to define the extent of the right which is continued and the mode in which it may be exercised.
5. (6) A copy of every order passed under this section shall be furnished to the claimant by the Forest Settlement Officer and another copy shall be forwarded to the f orest officer, if any, representing the

Compensation for rights-Where the Forest Settlement Officer finds it impossible, having due regard to the maintenance of the reserved forest, to make such settlement under section 11 as shall ensure the continued exercise of the said rights to the extent so admitted, he shall direct the Forest Department to pay compensation as determined on the basis of the value of such right on the date of notification under section 4, in accordance with the provisions of the Land Acquisition Act, 1894, in so far as such provisions are applicable.

1. (1) Where a claim is rejected wholly or in part, the claimant may, within ninety days from the date of the order under sub-section (1) of section 10 and within sixty days from the date of the order under sub-section (1) of section 11, prefer an appeal to the district court having jurisdiction in respect of such rejection only. (2) Where a claim is admitted under section 10 or section 11 in the first instance wholly or in part and where such claim does not relate to the acquisition of any land under the Land Acquisition Act, 1894, a like appeal, subject to the same period of limitation and subject to the same conditions, may be preferred to the district court having jurisdiction on behalf of the Government by the forest officer or other person, generally or specially empowered by the Government in this behalf. (3) Every order passed on appeal under this section, shall be final. (4) Where the district court on appeal decides that the claim or such part thereof as has been rejected should be admitted, the Forest

claim is rejected wholly or in part, the claimant may, within ninety days from the date of the order under sub-section (1) of section 10 and within

sixty days from the date of the order under sub-section (1) of section 11, prefer an appeal to the district court having jurisdiction in respect of such rejection only.

1. (2) Where a claim is admitted under section 10 or section 11 in the first instance wholly or in part and where such claim does not relate to the acquisition of any land under the Land Acquisition Act, 1894, a like appeal, subject to the same period of limitation and subject to the same conditions, may be preferred to the district court having jurisdiction on behalf of the Government by the forest officer or other person, generally or specially empowered by the Government in this behalf.
2. (3) Every order passed on appeal under this section, shall be final.
3. (4) Where the district court on appeal decides that the claim or such part thereof as has been rejected should be admitted, the Forest

Appointment of pleader -The Government or any person who has made a claim under this Act may appoint any person to appear, plead and act on their or his behalf in the course of any enquiry or other proceeding under this Act.

1. (1) Upon the occurrence of the following events, namely:- (a) the period fixed under Section 6 for preferring of an objection or a claim had elapsed, and every objection or claim made under that section was disposed of by the Forest Settlement Officer; and (b) if any such claim was made, the period limited by section 13 for preferring an appeal from the order passed on such claim had elapsed, and every appeal presented within such period was disposed of by the appellate authority; and (c) all proceedings mentioned in section 10 were taken and all lands, if any, to be included in the proposed forest, which the Forest Settlement Officer had, under section 10, elected to acquire under the Land Acquisition Act, 1894, had become vested in the Government under section 16 of that Act; the Government may publish a notification specifying definitely according to the boundary marks erected or otherwise, the limits of the forest which it is intended to reserve and declaring the same to be reserved from a date to be fixed by such notification and from the date so fixed, such forest shall be deemed to be a reserved forest. (2) Copies of the notification shall also be published in the District

the following events, namely:-

1. (a) the period fixed under Section 6 for preferring of an objection or a claim had elapsed, and every objection or claim made under that section was disposed of by the Forest Settlement Officer; and
2. (b) if any such claim was made, the period limited by section 13 for preferring an appeal from the order passed on such claim had elapsed, and every appeal presented within such period was disposed of by the appellate authority; and
3. (c) all proceedings mentioned in section 10 were taken and all lands, if any, to be included in the proposed forest, which the Forest Settlement Officer had, under section 10, elected to acquire under the Land Acquisition Act, 1894, had become vested in the Government under section 16 of that Act; the Government may publish a notification specifying definitely according to the boundary marks erected or otherwise, the limits of the forest which it is intended to reserve and declaring the same to be reserved from a date to be fixed by such notification and from the date so fixed, such forest shall be deemed to be a reserved forest.

1. (2) Copies of the notification shall also be published in the District

Extinction of rights not claimed -Rights in respect of which no claim was preferred under section 6 within the period fixed under that section shall stand extinguished on the publication of the notification under section 15 unless, before the publication of such notification the person claiming them has convinced the Forest Settlement Officer that he had sufficient cause for not preferring such claim within that period in which case the Forest Settlement Officer shall proceed to dispose of the claim in the manner herein before provided.

No right of any description shall be acquired by any person in or over a reserved forest, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or any person in whom such right was vested before the publication of the notification under section 15.

(1) Notwithstanding anything in this Act, no right continued under section 11 shall be alienated by way of grant, sale, exchange, lease or otherwise, without the sanction of the Government: Provided that where any such right is continued for the beneficial enjoyment of any land or building, it may be sold or otherwise alienated with such land or building, without such sanction.

1. (2) Any alienation of such right in contravention of this section shall be null and void.
2. (3) Subject to the provisions of sub-section (1), no forest produce obtained in exercise of any right continued under section 11 shall be sold or exchanged except to the extent provided by the order passed under sub- section (4) of section 11 in respect thereof.
3. (4) Any person selling or exchanging any forest produce in contravention of sub-section (3) shall be punishable with fine which may extend to one thousand rupees.

Divisional Forest Officer may, from time to time, with the previous sanction of the Government, stop any public or private way or watercourse in a reserved forest where reasonably convenient substitute for the way or water-course so stopped already exists or has been provided or constructed.

(1) Any person who –

1. (a) contravenes the provisions of clause (b) or sub-section (1) of section 7:
2. (b) sets fire to a forest notified to be reserved under section 4 or kindles in such forest any fire or leaves any fire burning in such manner as to endanger such forest;
3. (c) in a reserved forest –
   • (i) kindles, keeps or carries any fire, except at such season and subject to such conditions as the Divisional Forest Officer may, from time to time, specify in this behalf;
   • (ii) trespasses, pastures cattle or allows cattle to trespass;
   • (iii) causes any damage, either wilfully or negligently in felling or cutting any tree or dragging any timber;
   • (iv) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages the same;
   • (v) quarries, stones, burns lime or charcoal;
   • (vi) collects or subjects to any manufacturing process, any forest produce;
   • (vii) clears or breaks up or ploughs any land for cultivation or for any other purpose;
   • (viii) hunts, shoots, fishes, poisons water or sets traps or snares;
   • (ix) damages, alters or removes any wall, ditch, embankment, fence, hedge or railing ; or
   • (x) removes any forest produce; 1[(d) abets any of the acts specified in clauses (a), (b) and (c) shall on addition to such compensation for damages caused to the forests as per

. Substituted by Act 15 of 2016, section 3.

the assessment done by the Divisional Forest Officer as the Court may direct to be paid, be punishable,-

1. (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 a term which may extend to ten years and fine which may extend to ten lakh rupees: provided that,-

1. (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
2. (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 which may extend to thirty thousand rupees: provided that,-
3. (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
4. (b) in case of second and subsequent offences, the term of imprisonment shall not be less than one year but which may extend upto five years with fine which shall not be less than thirty thousand rupees]

1. (2) Nothing in sub-section (1) shall be deemed to prohibit - (a)any act done in accordance with any rule made under this Act or with the permission in writing of the Divisional Forest Officer or of any officer authorized by him to grant such permission ; or
   • (b) the exercise of any right continued under sub-section (3) or sub-section (4) or section 11 or created by a grant or contract in the manner described in section 17.
2. (3) Where a person contravenes the provisions of sub-clause (ii) or sub-clause (vii) of clause (c) of sub-section (1) - (i)a forest officer not below the rank of a Ranger; (ii)a police officer not below the rank of a Sub- Inspector; or (iii)a revenue officer not below the rank of a Deputy Tahsildar; may evict the person from the forest or the land, pertaining to which the contravention has taken place and remove any building or other construction or anything grown or deposited on it; Provided that before taking any action under this sub-section, the officer concerned shall given an opportunity to the person affected to make any representation against the action proposed.
3. (4) Where any agricultural or other crop is grown on the land in contravention of sub-clause (vii) of clause (c) of sub-section (1) or any building or other construction is put up on such land, any such crop, building or other construction shall be liable to confiscation by an order of the Divisional Forest Officer; Provided that before making any order under this sub-section, the

Suspension of rights in reserved forests -Where fire is caused

wilfully or negligently by any person or persons in a reserved forest or any

portion thereof, the Government may direct that in such forest or portion thereof, the exercise of all rights of pasture or to forest produce shall be suspended for such period as they think fit.

person who exercises any right in a reserved 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 village officer or person in any village contiguous to such forest who is employed by the Government; shall be bound to furnish without delay to the nearest forest officer or police officer- in-charge of the nearest police station any information he may possess respecting the occurrences of a fire in, or near, such forest, or the commission for or intention to commit any forest offence; and shall forthwith take steps, whether so required by the forest officer or police officer or not –

1. (a) to extinguish any such fire of which he has knowledge or information; (b)to prevent any such fire from spreading and shall assist any forest officer or police officer demanding his aid –
   • (i) in preventing the commission in such forest of any forest offence; and
   • (ii) when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender. 1[(2) Whoever, without lawful excuse, fails to comply with the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to one year and with a fine which may extend to five thousand rupees]

Government may, by notification, direct that from a date to be fixed by such notification any reserved forest or any portion thereof shall cease to be reserved.

1. (2) From the date so fixed, such forest or portion shall cease to be reserved, but the rights, if any, which have been extinguished therein shall not revive in consequence of such cessation.