THE HIMACHAL PRADESH PRIVATE FORESTS ACT, 1954

The Himachal Pradesh Private Forests Act, 1954

Environmental195476 sections7 chapters

This Act governs the management and protection of privately owned forests in Himachal Pradesh, excluding government and protected lands. It empowers the state government and Forest Officers to control activities such as cutting, felling, and damaging trees within these private areas. The legislation ensures that private forest owners manage their land responsibly while preventing illegal exploitation. It also mandates the demarcation of boundaries for private forests to clearly define ownership and prevent disputes, thereby maintaining forest resources and revenue for the state.

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Act not to apply to certain lands
  3. 3Definitions

Chapter II GENERAL PROVISION RELATING TO THE MANAGEMENT OF, →

  1. 4Power to prohibit certain acts.
  2. 5Demarcation of private forests.
  3. 6Rights in private forests or part thereof to be exercisable in accordance with this Act.
  4. 7Restrictions on rights to cut, collect or A remove timber etc., and re-claim forests for purposes of cultivation.
  5. 8Height at which trees and age of bamboo culms that may be cut.
  6. 9Certain persons not to sell or transfer timber.
  7. 10Restrictions of right of landlord or persons claiming through landlord to cut or remove timber or forest produce.
  8. 11Grant of licence to fell trees and fees for sale of trees.
  9. 12Preparation of working plan.
  10. 13Management of forest.
  11. 14Removal of timber and extraction and removal of resin from private Forest.
  12. 15Recovery of fees due to the State Government.
  13. 16Prohibition of further contracts.
  14. 17Restrictions on right to graze cattle.
  15. 18Offences under this chapter and trial of such offences and penalties thereof.

Chapter III CONTROLLED FORESTS →

  1. 19Power to constitute a controlled forest.
  2. 20Notification by State Government
  3. 21Hearing of objections
  4. 22Proclamation by Forest Settlement Officer
  5. 23Inquiry by Forest Settlement Officer
  6. 24Powers of Forest Settlement Officer
  7. 25Order on claims to rights of pasture or to forest produce
  8. 27Suspension of rights when required for the conservation of a forest
  9. 28Extinction of rights
  10. 29Prohibition of further contracts
  11. 30Prohibition of cutting of trees
  12. 31Procedure for dealing with claims of forest contractors
  13. 32Appeal from orders passed under section 25 or section 31
  14. 33Appeal under section 32
  15. 34Persons entitled to appear, plead and act
  16. 35Notifications declaring land to be a Controlled Forest
  17. 36Publication of such notification in neighbourhood of forest

Chapter IV CONTROL AND MANAGEMENT OF CONTROLLED FORESTS →

  1. 37Control and management of Controlled Forests to vest in the State Government
  2. 38Appointment of Forest Officers for Controlled Forests
  3. 39Power to invest Forest Officers with certain powers
  4. 40Demarcation of Controlled Forests
  5. 41Extent to which landlord is to be allowed to remove timber and other produce from Controlled Forest
  6. 42State Government to receive all revenues from and incur expenditure on Controlled Forest
  7. 43Maintenance of revenue and expenditure account
  8. 44Payment of allowances for, and net profits of Controlled Forest to landlord
  9. 45Rights of right holders to be exercised in accordance with rules
  10. 46Grouping of forests for management
  11. 47System of annual groups
  12. 48Extent of rights of right-holder to be varied by Forest Officer.
  13. 49Release of Controlled Forests.

Chapter V PENALTIES AND PROCEDURE →

  1. 50Forest offences.
  2. 51Penalties for breach of rules.
  3. 52Seizure of property liable to confiscation.
  4. 53Procedure thereupon.
  5. 54Trees, timber, forest produce, when liable to confiscation.
  6. 55Disposal on conclusion of trial for forest offence of produce in respect of which it was committed.
  7. 56Procedure when offender not known or cannot be found.
  8. 57Procedure as to perishable property seized under section 52.
  9. 58Appeal from orders under sections 54 to 56.
  10. 59Property when to vest in the State.
  11. 60Saving of power to release property seized.
  12. 61Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks.
  13. 62Power to arrest.
  14. 63Power to prevent commission of offence.
  15. 64Power to compound offence.
  16. 65Presumption that forest produce belongs to Controlled Forests.

Chapter VI CATTLE TRESPASS →

  1. 66Application of Cattle Trespass Act, 1871.
  2. 67Power to alter fines fixed under Cattle Trespass Act, 1871.

Chapter VII MISCELLANEOUS →

  1. 68Forest Officers deemed to be public servants.
  2. 69Forest Officers not to trade.
  3. 70Bar of suits and other proceedings.
  4. 71Persons bound to assist Forest Officers
  5. 72Recovery of money due to Government
  6. 73Lien on forest produce for money due to Government
  7. 74Recovery of penalties due under bond
  8. 75Power to make rules
  9. 76Savings

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