section 6
In the provisions hereinafter appearing in this Act, the expression "the principal Act" means the Indian Forest Act, 1927 in its application to the entire State of Gujarat.
The Indian Forest (Gujarat Unification and Amendment) Act, 1960Environmental19609 sections
Statutory text
Amendment to Act XVI of 1927 6. In the principal Act,
- (a) in section 1,
- (i) to sub-section (2), the following proviso shall be added, namely :, “ Provided that on the commencement of the Indian Forest (Gujarat Unification and Amendment) Act, 1960, this Act shall also extend to the Saurashtra area of the State of Gujarat.”;
- (ii) to sub-section (3), the following proviso shall be added, namely :, “ Provided that on the commencement of the Indian Forest (Gujarat Unification and Amendment) Act, 1960, this Act shall come into force in the Saurashtra area of the State of Gujarat.”;
- (b) in section 2, after clause (4A), the following clauses shall be inserted, namely :, “(4B) ‘Police Officer’ means a Police Officer as defined in the Bombay Police Act, 1951; (4C) ‘Revenue Officer’ means a Revenue Officer as defined in the Bombay Land Revenue Code, 1879, or, where that Code is not in force, as defined in a law corresponding to that Code;”;
- (c) after section 2, the following section shall be inserted, namely :, “2A. In the application of this Act to any area of the State of Gujarat other than Bombay area any reference to a provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area.”;
- (d) section 12 shall be renumbered as sub-section
- (1) of that section and after the sub-section so renumbered, the following sub-section shall be inserted, namely :, “(2) A copy of the order passed under sub-section
- (1) shall be furnished to the claimant by the Forest Settlement Officer and another copy of that order shall be forwarded to the Forest Officer who attended the inquiry or, if no such Officer attended, to the Divisional Forest Officer.”;
- (e) in section 26,
- (i) in sub-section (1), for the words beginning with the letter and brackets “(b)” and ending with the words “or who in a reserved forest” the following shall be substituted, namely :, “
- (b) sets fire to a reserved forest or to a forest in a land in respect of which a notification declaring the decision of the State Government to constitute it a reserved forest has been issued under section 4, or in contravention of any rules made by the State Government in this behalf, kindles in such forest any fire or leaves any fire burning, in such manner as to endanger such forest; or who, in a reserved forest or a forest in a land notified as aforesaid under section 4, ”;
- (ii) after sub-section (3), the following sub-section shall be inserted, namely :, “(4) When a person is convicted under clause
- (d) or
- (h) of sub-section (1),
- (a) a Forest Officer not below the rank of a Ranger,
- (b) a Police Officer not below the rank of a sub-Inspector, or
- (c) a Revenue Officer not below the rank of a Mahalkari may evict him from the forest or land in relation to which he has committed the offence.”;
- (f) in section 33, after sub-section (2), the following sub-section shall be inserted, namely :, “(3) When a person is convicted of an offence under sub-section (1),
- (a) a Forest Officer not below the rank of a Ranger,
- (b) a Police Officer not below the rank of a sub-Inspector, or
- (c) a Revenue Officer not below the rank of a Mahalkari may evict him from the protected forest in relation to which he has committed the offence.”;
- (g) in section 35,
- (i) in sub-section (4), for the words “six months” the words “one year” shall be substituted ;
- (ii) after sub-section (5), the following sub-section shall be inserted, namely :, “(5A) When a notice has been served and published in accordance with sub-section
- (e) in section 26,
- (5) any person acquiring thereafter the right of ownership of the forest shall be bound by the notice as if it had been served on him as an owner and he shall accordingly comply with the notice, requisition and notification, if any, issued under sub-section (1).”;
- (iii) after sub-section (6), the following sub-section shall be inserted, namely :, “(7) Any person contravening any of the provisions of a notification issued under sub-section
- (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.”;
- (h) in section 64, in sub-section (1), for the words, “Any Forest Officer or Police Officer,” the words, “Any Forest Officer, Police Officer or Revenue Officer” shall be substituted ;
- (i) in section 65, for the words “a Ranger”, the words “a Ranger, any Police Officer of a rank not inferior to that of a sub-Inspector or any Revenue Officer of a rank not inferior to that of a Mahalkari” shall be substituted ;
- (j) in section 66, for the words “Every Forest Officer and Police Officer” the words “Every Forest Officer, Police Officer and Revenue Officer” shall be substituted ;
- (k) for section 68, the following section shall be substituted, namely :, “68.
- (h) in section 64, in sub-section (1), for the words, “Any Forest Officer or Police Officer,” the words, “Any Forest Officer, Police Officer or Revenue Officer” shall be substituted ;
- (1) The State Government may, by notification in the Official Gazette, empower a Forest Officer,
- (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest offence, other than an offence specified in section 62 or section 63, payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money, by way of compensation for the offence which such person is suspected to have committed, and
- (b) when any property has been seized as liable to confiscation, to release the same on the payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the value thereof as named by such officer.
- (2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings, other than those under section 82 where necessary, shall be taken against such person or property.
- (3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted or agreed to be accepted as compensation under clause
- (a) of sub-section
- (1) shall in no case exceed the sum of five hundred rupees.”;
- (l) in section 71, for the words “eight annas” the words “fifty naye Paise” shall be substituted ;
- (m) section 78 shall be renumbered as sub-section
- (1) of that section and after the sub-section so renumbered, the following sub-section shall be inserted, namely :, “(2) All rules made by the State Government under this Act shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to such modifications as the Legislature may make during the session in which they are so laid, or the session immediately following.”;
- (n) in section 82, after the words, “such produce”, the words and figures “or on account of compensation or value of property undertaken to be paid under section 68” shall be inserted.
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