The Indian Forest (Bombay Amendment) Act, 1948

This Act may be called the Indian Forest (Bombay Amendment) Act, 1955.

In section 2 of the Indian Forest Act, 1927 (hereinafter referred to as "the said Act"), in sub-clause

1. (a) of clause (4), after the word "kuth" the words ", apta and temburni leaves" shall be inserted.

In section 28 of the said Act,-

1. (1) in sub-section (1), after the word "village-community" the words and figures ", village panchayat established under the Bombay Village Panchayats Act, 1933, or co-operative society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925," shall be inserted ;
2. (2) in sub-section (2), after the word "community" the words ", panchayat or society" shall be inserted.

In section 35 of the said Act,-

1. (1) in sub-section (3), after the words "until after the issue" the words "by an officer authorised by the State Government in that behalf" shall be inserted;
2. (2) after sub-section (3), the following sub-sections shall be added, namely :- "(4) A notice to show cause why a notification under sub-section
3. (1) should not be made, may require that for any period not exceeding six months, or till the date of the making of a notification, whichever is earlier, the owner or such forest and all persons who are entitled or permitted to do therein any or all of the things specified in clause
   • (i) of sub-section (1), whether by reasons of any right, title or interest or under any licence or contract or otherwise, shall not, after the date of the notice and for the period or until the date aforesaid, as the case may be, do any or all the things specified in clause
   • (i) of sub-section (1), to the extent specified in the notice.
4. (5) A notice issued under sub-section
5. (3) shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908, for the service of summons and shall also be published in the manner prescribed by rules.
6. (6) Any person contravening any requisition made under sub-section
7. (4) in a notice to show cause why a notification under sub-section
8. (1) should not be made shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both."

After section 36 of the said Act, the following new sections shall be inserted, namely :- "36-A. The notice referred to in sub-section

1. (1) of section 36 and the order, if any, made placing a forest under the control of a Forest-officer shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908, for the service of summons.

Provided that the period of such control shall not in the aggregate exceed 30 years from the date of the order.

1. (2) The Forest-officer, under whose control the forest is placed, shall, not later than six months before the expiry of any period referred to in sub-section
2. (1) make a report regarding such control and shall state therein whether in his opinion, any period of control should be extended.
3. (3) After considering any such report and subject to sub-section (1), the State Government shall decide whether to extend any period of control or whether to terminate it in the manner provided in the next succeeding section.
4. (4) No period of control shall be extended unless the owner has been given reasonable opportunity of showing cause against such extension. 36-C.
5. (1) If the State Government decides to terminate any period of control of any forest, it shall, by order published in the Official Gazette and in such other manner as may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the owner, or if the owner be dead, to any person entitled to such possession, together with any sum of money which may be standing to the credit of such owner.
6. (2) All acts done or purported to be done by the Forest-officer in respect of any forest placed under his control, during the period of such control or of any extension thereof, shall be binding on the owner of such forest or any person to whom possession of the forest has been delivered under this section." 6. Insertion of new section After section 80 of the said Act, the following section shall be inserted, namely :- "80-A. The State Government may, by notification in the Official Gazette, declare that any of the provisions of this Act shall apply to all or any lands on the banks of canals or the sides of roads which are the property of the State Government or a local authority and thereupon such provisions shall apply to such lands accordingly." 7. Amendment of section 26 of Act XVI of 1927 In section 26 of the principal Act,—
   • (i) in sub-section (1), for the words beginning with the brackets and letter "(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 proposed forest in 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 a forest; or who, in a reserved forest or a proposed forest in land notified as aforesaid under section 4 —";
   • (ii) after sub-section (3), the following sub-section shall be inserted, namely:— "(4) Where a person is convicted under clause
   • (d) or
   • (h) of sub-section (1),—
   • (a) a Forest Officer not below the rank of a Ranger, or
   • (b) a Police Officer not below the rank of a Sub-Inspector, or
   • (c) a Revenue Officer not below the rank of a Mahalkari or Tahsildar, may evict him from the forest or land in relation to which he has committed the offence." . 8. Amendment of section 33 of Act XVI of 1927 In section 33 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely :— "(3) Where a person is convicted of an offence under sub-section (1),—
   • (a) a Forest Officer not below the rank of Ranger, or
   • (b) a Police Officer not below the rank of Sub-Inspector, or
   • (c) a Revenue Officer not below the rank of Mahalkari or Tahsildar, may evict him from the protected forest in relation to which he has committed the offence." 9. Amendment of section 35 of Act XVI of 1927 In section 35 of the principal Act,—
     • (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) Where a notice issued under sub-section
7. (3) has been served on the owner of a forest in accordance with sub-section (5), any person acquiring thereafter the right of ownership of that 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 this section.";
   • (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
8. (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both." 10. Amendment of section 64 of Act XVI of 1927 In section 64 of the principal Act, 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. 11. Amendment of section 65 of Act XVI of 1927 In section 65 of the principal Act, for the words "a Ranger", the words "a Ranger, any Police Officer of a rank not inferior to that of Sub-Inspector or any Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar" shall be substituted. 12. Amendment of section 66 of Act XVI of 1927 In section 66 of the principal Act, for the words "Every Forest Officer and Police Officer" the words "Every Forest Officer, Police Officer and Revenue Officer" shall be substituted. 13. Substitution of section 68 of Act XVI of 1927 For section 68 of the principal Act, the following section shall be substituted, namely :— "68.
9. (1) Subject to the provisions of sub-section (3), the State Government may, by notification in the Official Gazette, empower a Forest Officer—
   • (a) to accept from any person about 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.
10. (2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or 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.
11. (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
12. (1) shall in no case exceed the sum of five hundred rupees." 14. Amendment of section 71 of Act XVI of 1927 In section 71 of the principal Act, for the words "eight annas", the words "fifty naye paise" shall be substituted. 15. Amendment of section 78 of Act XVI of 1927 Section 78 shall be re-numbered as sub-section
13. (1) of that section and after the sub-section so re-numbered, 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 each House of the State Legislature as soon as possible after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following and publish in the Official Gazette." 16. Amendment of section 82 of Act XVI of 1927 In section 82 of the principal Act, after the words "such produce", the words and figures "or on account of compensation or value of property agreed to be paid under section 68" shall be inserted. 17. Savings The repeal of the provisions of the Hyderabad Forest Act, 1355 F by section 2 shall not affect—
    • (a) the previous operation of the Act so repealed, or anything duly done or suffered thereunder ;
    • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed ; or
    • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the provisions of the Act so repealed ; or
    • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, or any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed : Provided that, subject to the preceding provision, anything done or any action taken (including notifications and directions issued, rules, appointments, authorisations, inquiries, orders, declarations, assignments or seizures of property made, forest courts established, powers or sanction given, licences, or passes granted, proclamations published, entries recorded, notices issued or served, control or management of forest assumed and bonds executed) by or under the provisions of the Act so repealed shall, in so far as it is not inconsistent with the provisions of the principal Act as amended by this Act, be deemed to be done or taken under the corresponding provisions of the principal Act and shall, until altered, repealed or amended by anything done or taken under the corresponding provisions of the principal Act, continue in force accordingly. 18. Amendment of section 65 of Act XVI of 1927 In section 65 of the principal Act, for the words "may release such person" the words, figures and letter "may, subject to and without prejudice to the provisions of section 65 or section 65A, release such person" shall be substituted. 19. Insertion of section 65A in Act XVI of 1927 After section 65 of the principal Act, the following section shall be inserted, namely :— "65A. Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973,—
    • (a) The offences under sections or clauses of sections mentioned in clause
    • (b) shall be non-bailable.
    • (b) The sections and clauses of sections of this Act referred to in clause
    • (a) are the following, namely :— Section 26, clauses (a), (b), (f), (g),
    • (h) and
      • (i) of sub-section (1). Section 33, clauses (a), (b), (c), (d),
    • (f) and
    • (h) of sub-section (1). Section 42. Section 63.
    • (c) No person accused of any offence referred to in clause (b), shall, if in custody, be released on bail or on his own bond unless,—
      • (i) the prosecution has been given an opportunity to oppose the application for such release, and
      • (ii) where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence." 20. Amendment of section 67 of Act XVI of 1927 In section 67 of the principal Act,—
    • (a) for the words and figures "the Code of Criminal Procedure, 1898" the words and figures "the Code of Criminal Procedure, 1973" shall be substituted;
    • (b) for the words "not exceeding six months, or fine not exceeding five hundred rupees or both." the words "not exceeding one year, or fine not exceeding two thousand rupees, or both, and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial; but, notwithstanding anything contained in the said Code, in the case of conviction for any offence in a summary trial under this section, it shall be lawful for the Magistrate to pass sentence of imprisonment for any term for which such offence is punishable under this Act" shall be substituted. 21. Amendment of section 72 of Act XVI of 1927 In section 72 of the principal Act, in sub-section (1), in clause (c), for the words and figures "the Code of Criminal Procedure, 1898" the words and figures "the Code of Criminal Procedure, 1973" shall be substituted.