Penalties for trespass or damage in reserved forest and acts prohibited in such forests

(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