Chapter IV Chapter IV

(1) The Government may, from time to time, by notification in the Gazette, regulate or prohibit in any forest or waste land not at the disposal of Government— (a) the breaking up or clearing of land; or (b) the firing or clearing of vegetation; or (c) the pasturing of cattle; when such regulation or prohibition appears to be necessary for any of the following purposes: (i) for protection against storms, winds, rolling stones, floods and landslips; (ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips and of the formation of ravines and torrents and the protection of land against erosion or the deposit thereon of sand, stones or gravel; (iii) for the maintenance of water supply in springs, rivers and tanks; (iv) for the protection of roads, bridges, canals and other lines of communication; and (v) for the preservation of public health. Any such notification may be altered or cancelled by a like notification. (2) The Government may, for any such purpose, construct, at their own expense, in or upon any such forest or land, such works as they think fit. (3) No notification under sub-section (1) shall be issued, and no work under sub-section (2) shall be begun, until after the issue of a notice to the owner of such forest or land, calling upon him to show cause, within a reasonable period to be specified in such notice why such notification should not be made or work constructed, and until his objections, if any, and any evidence he may produce in support of the same have been heard by an officer duly appointed in that behalf and have been considered by the Government.

(1) The owner of any land or, if there be more than one owner thereof, the owners of shares therein, whether divided or not, amounting in the aggregate to at least two thirds thereof, may with a view to the formation or conservation of forests thereon represent in writing to the Chief Conservator of Forests their desire— (a) that such land be managed on their behalf by a Forest Officer, as a Reserved Forest, on such terms as may be agreed upon; or (b) that such land be managed, subject to the control of the Chief Conservator of Forests by a person appointed by themselves and approved by the Chief Conservator of Forests; or (c) that all or any of the provisions of this Act or rules made thereunder be applied to such land. (2) The Government may, in any such case, by a notification in the Gazette, apply to such land such provisions of this Act as they think suitable to the circumstances thereof and as may be desired by the applicants. Any such notification may be altered or cancelled by a like notification.

If the Government and any person or persons are jointly interested in any forest or waste land or in the whole or any part of the produce thereof, the Government may either— (a) undertake the management of such forest, waste land or produce, accounting to such person for his interest in the same, or (b) issue such rules for the management of the forest waste land or produce by the person so jointly interested as they deem necessary for the management thereof and the interests of all parties therein. When the Government undertake, under clause (a) of this section, the management of any forest, waste land or produce, they may, by notification in the Gazette, declare that any of the provisions contained in Chapters II and III of this Act shall apply to such forest, waste land or produce, and thereupon such provisions shall apply accordingly. Any such notification may be altered or cancelled by a like notification.

Any person employed under sections 33, 36 and 37 to carry out the provisions of this Act shall be deemed to be a Forest Officer within the meaning of this Act. The Government shall also have power to appoint any person to discharge any function of a Forest Officer under any of the provisions of this Act which have been extended to any land or to any forest or waste land or produce by a notification under section 35 or section 37 or under any rule made in pursuance of any provision so extended.

The Government may make rules to regulate the transit of all timber or of certain classes of timber or forest produce within the limits of taluks in which Reserved Forests are situate or in taluks adjoining Reserved Forests, as may appear to be necessary. Such rules may (among other matters) :- (a) prescribe the routes by which alone timber may be imported into and exported from the State ; (b) prohibit the import or export or moving within defined local limits of timber or forest produce without a pass from the landholders from whose land it was brought, or from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass; (c) prescribe the form of such passes and provide for their issue, production and return ; (d) provide for the stoppage, reporting, examination and marking of timber and other forest produce in transit within defined local limits or at stations established as hereinafter provided ; (e) establish, or authorise the Chief Conservator of Forests to establish, stations to which such timber or forest produce shall be taken by those in charge of it for examination or marking; and the conditions under which such timber or forest produce shall be brought to, stored at and removed from such stations ; (f) provide for the management and control of such stations, and for regulating appointment and duties of persons employed thereat; (g) authorise the transport of timber or forest produce, the property of Government, across any land and provide for the payment of compensation for any damage done by the transport of such timber or forest produce ; (h) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest produce and the throwing of grass, brushwood, branches and leaves into any such river, or any act which may cause such river to be closed or obstructed ; (i) provide for the prevention and removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person, or by the sale of any timber, causing such obstruction ; (j) provide for the protection of bridges, locks or other public works, by regulating the floating of timber, and the storing of timber on river banks and by authorising the seizure of timber floated or stored in contravention of such rules, or by which any damage to such works may have been caused, and the detention and disposal of such timber until compensation has been made for the damage done ; (k) regulate the use of property marks for timber and provide for the registration of such marks ; declare the circumstance in which the registration of any property marks may be refused or cancelled, prescribe the time for which such registration shall hold good : limit the number of such marks that may be registered by any one person; and provide for the levy of fees for such registration ; and (l) provide generally for the protection of the revenue from forests. Explanation.-For the purpose of this section timber or forest produce found on, or on the margin of any public road whether loaded in carts or other vehicles or not and timber found in any river or stream whether tied into rafts or not, shall be presumed until the contrary is proved to be timber or forest produce in transit.

(1) The Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred Rupees or both. (2) Such rules may provide that, in cases where the offence is committed after making preparation for resistance to the execution of any law or any legal process, or where the offender has been previously convicted of a like offence, the convicting Magistrate may inflict double the penalty prescribed for such offence.

(1) The holder of every pass issued under rules framed under section 39 shall, while such timber or forest produce is in transit, be bound to produce the same for inspection on being required to do so by any Magistrate or Forest or Police Officer. (2) Whoever infringes the provision in sub-section (1) shall be liable to imprisonment which may extend to one month or fine which may extend to one hundred Rupees or both.

All timber found adrift, beached stranded or sunk, all timber bearing marks which have not been registered under section 39 or on which the marks have been obliterated, altered or defaced by fire or otherwise, and in such areas as the Government direct, all unmarked timber shall be deemed to be the property of Government unless and until any person establishes his right and title thereto, as provided in this Chapter. Such timber may be collected by any Forest Officer or other persons entitled to collect the same by virtue of any rule made under section 47 of this Act and may be brought to such stations as the Forest Officer may, from time to time, notify as stations for the reception of drift timber. The Government may, by notification in the Gazette, exempt any class of timber from the provisions of this section, and may in a like manner, withdraw such exemption.

As soon as any timber is collected under section 42 the Divisional Forest Officer shall publish a notice in the Gazette requiring any person claiming the same to present to him within a period of not less than one month from the date of such notice, a written statement of such claim. Such notice shall contain a description of the timber and the place from which it was collected and the station where it is stored. Copies of this notice shall be affixed in the Divisional Forest Office and the concerned Forest Range Office.

(1) When any such statement is presented as aforesaid, the Divisional Forest Officer may after making such enquiry as he thinks fit after recording his reasons for so doing either reject the claim or deliver the timber to the claimant. A copy of the order shall be served on the claimant. (2) If such timber is claimed by more than one person the Divisional Forest Officer may, either deliver the same to any such person whom he deems entitled thereto, or refer the claimants to the Civil Court and retain the timber pending the receipt of an order from such court for its disposal. If in the opinion of the Divisional Forest Officer such timber is liable to deterioration, he may sell the same in public auction and deposit the sale proceeds as Forest Deposit. The amount so deposited shall be dealt with in accordance with the orders of Court. (3) Any person whose claim has been rejected under this section may within one month from the date of service of order, institute a suit to recover possession of the timber claimed by him, but no person shall recover any compensation or costs against the Government, or against any Forest Officer on account of such rejection or detention or removal or sale by auction of any timber or the delivery thereof to any other persons under this section. (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered or a suit has been brought, as provided in this section.

If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period prescribed by the notice issued under section 43, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period specified in section 44, the ownership of such timber shall vest in the Government or when such timber has been delivered to another person under section 44, in such other person free from all encumbrances not created by him.

No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest Officer or other person entitled to receive it such sum on account thereof as may be due under any rule made in pursuance of section 47.

(1) The Government may, from time to time make rules to regulate the following matters, namely:- (a) the salving, collection and disposal of all timber mentioned in section 42 ; (b) the use and registration of boats used in salving and collecting timber ; (c) the amounts to be paid for salving, collecting, moving, storing and disposing of such timber ; (d) the use and registration of hammers and other instruments to be used for marking such timber. (2) The Government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.

Whoever, not being authorised thereto under the provisions of section 48 or section 51, kills, wounds, or captures, or abets within the meaning of that term as defined in the Indian Penal Code, killing, wounding or capturing of, a wild elephant in any place within the State shall be punished with imprisonment which may extend to two years or with fine which may extend to three thousand rupees or both for each animal besides recovery of loss as assessed by the Forest Department. Any person convicted of a second or subsequent offence under this section shall be liable to double the punishment mentioned above : Provided that nothing in this section shall be deemed to prevent any person from killing or wounding any wild elephant in defence of himself or of any other person or property : Provided further that any person killing any wild elephant in defence of himself or of any other person or property shall, immediately report the matter to the nearest Police or Forest Officer and also take steps to protect the dead body until it is taken charge of by the Police or Forest Officer.

Any wild elephant captured or the tusks and teeth of any wild elephant killed shall be regarded as the property of Government and shall be delivered to the nearest Forest or Police Officer.

The Government may, subject to such rules as may be made by them in this behalf, from time to time, grant general or special permits in writing to any person for the shooting or capturing of wild elephants and such person shall be exempted from the operation of section 49 so long as he acts in accordance with the rules.

(1) When there is reason to believe that a forest offence has been committed in respect of any timber or other forest produce, such timber or produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any Forest Officer or Police Officer. Explanation.-The terms 'boats and vehicles' in this section, section 53 and section 55 shall include all the articles and machinery kept in it whether fixed to the same or not. (2) Every officer seizing any property under sub-section (1) shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made: Provided that, when the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the Forest Officer makes, as soon as may be, a report of the circumstances to his official superior.

Any Forest Officer of a rank not inferior to that of a Ranger, who or whose subordinate has seized any tools, boats, vehicles or cattle under the provisions of section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

When the trial of any forest offence is concluded, any timber or other forest produce in respect of which such offence has been committed shall, if it is the property of the Central or State Government or has been confiscated, be taken possession of by or under the authority of the Divisional Forest Officer; and in any other case it may be disposed of in such manner as the Court may order.

When the offender is not known or cannot be found, the Magistrate, if he is of opinion that offence has been committed, may, on application in this behalf order the property in respect of which the offence has been committed to be confiscated and taken possession of by or under the authority of the Divisional Forest Officer, or to be made over to any person whom the Magistrate considers to be entitled to the same: Provided that no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. The Magistrate shall cause a notice of any application under this section to be served upon any person who, he has reason to believe, is interested in the property seized, or shall publish such notice in the manner he deems fit.

(1) Notwithstanding anything hereinebefore contained- (a) The Magistrate may direct the sale of any property seized under section 52, which is subject to speedy and natural decay ; and (b) If in the opinion of the officer seizing such property, it is not possible to obtain the orders of the Magistrate under clause (a) in time, such officer may sell the property himself, remit the sale proceeds into the nearest Government Treasury, and make a report of such seizure, sale and remittance to the Magistrate and thereupon the Magistrate shall take such measures as may be necessary for the trial of the accused. (2) The Magistrate may deal with the proceeds of the sale of any property held under clause (a) or clause (b) of sub-section (1) in the same manner as he might have dealt with the property if it had not been sold.

The officer who made the seizure under section 52 or any of his official superiors or any person claiming to be interested in the property so seized, may, within two months from the date of any order passed under section 55, section 56 or section 57, present an appeal therefrom, which may be disposed of in the manner provided by section 520 of the Code of Criminal Procedure, 1898.

When an order for the confiscation of any property has been passed under section 55, or section 57 and the period limited by section 59 for presenting an appeal from such order has elapsed, and no such appeal has been presented, or when, on such an appeal being presented the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or portion, as the case may be, shall vest in the Government free from all encumbrances.

Nothing hereinbefore contained shall be deemed to prevent a Forest Officer not below the rank of an Assistant Conservator of Forests holding charge of a Forest Division from directing at any time the immediate release of any property seized under section 52 and the withdrawal of any charge made in respect of such property.

Any Forest Officer or Police Officer who vexatiously and maliciously seizes any property on pretence of seizing property liable to confiscation under this Act, or who vexatiously and maliciously arrests any person, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 200 or with both.

Every Forest Officer and Police Officer shall prevent, and may interfere for the purpose of preventing the commission of any forest offence and shall have power to evict all encroachers and squatters from Reserved Forests or other lands under the control of the Forest Department and to confiscate or demolish any sheds or other structures put up in such lands. Forest Officers shall have the powers of the Police Officers for the purposes of investigation or prevention of forest offences and the collection of evidence.

Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes a forest offence or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder: Provided that no person shall be prosecuted and punished twice for the same offence.

(1) Any Forest Officer not below the rank of an Assistant Conservator of Forests may accept from any person, reasonably suspected of having committed any forest offence other than an offence under section 62 or section 65, a sum of money by way of compensation for the offence which may have been committed and where any property has been seized as liable to confiscation, may release the same on payment of the value thereof as estimated by such officer or confiscate such property to the Government. (2) On the payment of such sum of money or such value or both as the case may be, to such officer, the accused person, if in custody shall be discharged, the property seized shall be released and no further proceedings shall be taken against such person or property.

When, in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest produce is the property of the Central or State Government, such produce shall be presumed to be the property of the Central or State Government, as the case may be, until the contrary is proved.

The Government may, by notification in the Gazette, direct that, in lieu of the fines fixed by section 11 of the Kerala Cattle Trespass Act, 1961, there shall be levied in all or any of the areas to which that Act applies, for each head of cattle impounded under section 70 of this Act, such fines as they think fit, but not exceeding the following: For each elephant Rs. 50.00; For each buffalo or camel Rs. 5.00; For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow, calf, or heifer Rs. 3.00; For each ass, pig, ram, ewe, sheep, lamb, goat or kid Re. 1.00

The Government may invest any Forest Officer not below the rank of an Assistant Conservator of Forests with all or any of the following powers, and may withdraw the same: (a) power to enter upon any land and to survey, demarcate and make a map of the same; (b) powers of a Forest Settlement Officer; (c) powers of a Civil Court to compel the attendance of witnesses and the production of documents; (d) power to hold inquiries into forest offences and, in the course of such inquiries, to receive and record evidence and to issue search-warrants which may be executed in the manner provided by the Code of Criminal Procedure, 1898; (e) power to accept compensation for forest offences under section 68 of this Act. Any evidence recorded under clause (d) of this section shall be admissible in any subsequent trial of the alleged offender before a Magistrate; provided that it has been taken in the presence of the accused person and recorded in the manner provided by the Code of Criminal Procedure, 1898.

All Forest Officers shall be deemed to be public servants within the meaning of the Indian Penal Code.

No suit or criminal prosecution or other proceeding shall lie against any public servant for any act done, or omitted or ordered to be done, in good faith, in pursuance of this Act.

Except with the permission in writing of the Government, no Forest Officer shall, as principal or agent, trade in timber or forest produce, or be or become interested in any lease or mortgage of any forest or in any contract for working any forest whether in the State or outside.

The Government may by notification in the Gazette make rules- (a) for the protection, advancement, treatment and management of hill tribes; (b) to declare by what Forest Officer or class of Forest Officers the powers and duties conferred or imposed by or under this Act, on a Forest Officer shall be exercised or performed; (c) to regulate the procedure to be followed by Forest Settlement Officers; (d) to regulate the rewards to be paid to officers and informers from the proceeds of fines and confiscations under this Act or from the Public Treasury; (e) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands in the occupation of private persons; (f) to regulate or prohibit the felling, lopping, cutting, maiming or otherwise maltreating of trees standing on land temporarily or permanently assigned, the right of Government over which has been expressly reserved in the deed of grant or assignment of such land; and (g) generally to carry out the provisions of this Act.

All rules made under this Act shall be laid for not less than fourteen days before the Legislative Assembly, as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid or the session immediately following.

All contractors or persons engaged by the officers of the Forest Department to fell, remove or deliver timber, collect produce, or to do any work for the Department, and all persons who have permission to collect and remove timber or forest produce on permits, licences or leases, shall be held responsible for any loss or damage caused by any act or omission on the part of any of their subordinates, servants or agents infringing any of the provisions of this Act or of any rule framed thereunder.

All money, other than fines, payable to the Government under this Act or any rule made thereunder, or on account of timber or forest produce or of expenses incurred in the execution of this Act in respect of timber or forest produce, or under any contract relating to timber or forest produce including any sum recoverable thereunder for the breach thereof or in consequence of its cancellation or under the terms of a notice relating to the sale of timber or forest produce by auction or by invitation of tenders, issued by or under the authority of a Divisional Forest Officer, and all compensation awarded to the Government under this Act may, if not paid when due, be recovered under the law for the time being in force, as if it were an arrear of land revenue.

When any such money is payable for, or in respect of any forest produce, the amount thereof shall be deemed to be a first charge on such produce, and if such amount be not paid when due, such produce may be taken possession of by or under the authority of a Forest Officer not below the rank of an Assistant Conservator of Forests and may be retained until such amount has been paid, or such Forest Officer may sell such produce by public auction and the proceeds of the sale shall be applied first in discharging such amount. The surplus, if any, if not claimed by the person entitled thereto within six months from the date of the sale, shall be forfeited to the Government.

Whenever it appears to Government that any land is required for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the meaning of the Land Acquisition Act for the time being in force.

All trees and timber found on any land at the disposal of the Government which may hereafter be granted for permanent cultivation under such rules as may be in force at the time shall be held to be the property of the Government; such trees shall, on the application of the grantee, be removed by the Forest Department within eighteen months from the date of receipt of such application, if not so removed such trees and timber shall become the property of the landowner on payment by him of the seigniorage value fixed by the Government from time to time.

Any decision or order passed by a Forest Settlement Officer under this Act and any order passed in appeal therefrom shall be enforceable by the District Court within whose jurisdiction the land is situated as if it were a decree passed by such District Court under the Code of Civil Procedure, 1908.

Any person who abets any of the offences specified in this Act shall, whether the act abetted is committed or not in consequence of the abetment, and where no express provision is made by this Act for the punishment of such abetment, be punished with the punishment provided for that offence.

(1) The Travancore-Cochin Forest Act, 1951 (III of 1952) and the Madras Forest Act, 1882 (5 of 1882) and the Madras Wild Elephants Preservation Act, 1873 (Act 1 of 1873) as in force in the Malabar district referred to in sub-section (2) of section 3 of the States Reorganisation Act, 1956, are hereby repealed. (2) All references made in any enactment to any provision of the enactments hereby repealed shall be read as if made to the corresponding provisions of this Act. (3) All rules prescribed, appointments made, powers conferred and orders issued under the enactments hereby repealed shall be deemed to have been respectively prescribed, made, conferred and issued hereunder till new rules and enactments are made under the various sections of this Act.

Notwithstanding anything contained in this Act, the Government may delegate to the Chief Conservator of Forests, or to such other officer or authority as the Government may appoint, all or any of the powers which are conferred on the Government under sections 23, 28, 31 and 71.