The Odisha Protection of Scheduled Castes and Scheduled Tribes (Interest in Trees) Act, 1981

(1) This Act may be called the Orissa Protection of Scheduled Castes and Scheduled Tribes Interest in Tress Act, 1981. (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the State Government may, by notification, appoint in that behalf.

In this Act, unless the Context otherwise requires- (a) "Chief Conservator of Forests" means the Chief Conservator of Forests, Orissa; (b) "Conservator of Forests" means the Conservator of Forests of the concerned forest circle; (c) "Contractor" means the person in whose favour the owner of any specified tree has effected a sale or has entered into a contract for sale of the timber of such tree and includes the representative in interest and assignees of such person; (d) "Divisional Forest Officer" means the Divisional Forest Officer of the concerned forest division; (e) "Grama Panchayat" means a Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1969; (f) "holding" means a parcel or parcels of land forming the subject of a separate tenancy; (g) "prescribed" means prescribed by rules made under this Act; (h) "Range Officer" means the forest officer in charge of a forest range; (i) "Scheduled Castes" shall mean the Scheduled Castes specified in respect of the State of Orissa in the Constitution (Scheduled Castes) Order, 1950 as modified from time to time; (j) "Scheduled Tribes" shall mean the Scheduled Tribes specified in respect of the State of Orissa in the Constitution (Scheduled Tribes) Order, 1950 as modified from time to time; (k) "specified tree" means a tree specified in the schedule and such other species of trees as may be notified by Government from time to time.

(1) No Contract entered into after the commencement of this Act by an owner of any specified tree for the sale of the timber thereof shall be valid if such owner is a member of the Scheduled Castes or the Scheduled Tribes and if the Contract has been entered into without the previous permission in writing granted by the Range Officer on an application made in that behalf giving adequate description of the timber proposed to be sold. (2) On receipt of the application, the Range Officer concerned shall enquire into the case on the spot or cause such an enquiry to be made by any other forest officer and the Grama Panchayat or the urban local body concerned, as the case may be, shall be requested to send one or more of the Ward Members to the spot on the date of enquiry: Provided that in any case where the Range Officer considers that the consideration for the Contract is inadequate, he may require the owner to sell the trees to the Orissa Forest Corporation Limited or to any other State owned Corporation for such consideration amount as the Range Officer deems fit to fix. (3) The report of enquiry shall be signed by the officer conducting the enquiry, the Ward Member or members present and the applicant. (4) The report of enquiry shall, amongst other things mention the number of trees specieswise, the girth of each tree and the reasonable consideration for the timber. (5) On being satisfied about the right, title and interest of the applicant in the tree and the adequacy of the consideration for the contract, the Range Officer shall permit the timber to be lifted by the purchaser on payment of the consideration money in his presence. (6) If no orders are passed by the Range Officer on the application within fifteen days from the date of receipt thereof, it shall be open to the owner of the tree to sell the tree to any person of his choice.

An owner of any specified tree who lS a member of t11e Sc11eduled Castes or the Scheduled Tribes and who has entered into a contra-et which has been subsisting on the date of commencement of this Act, for the snfo of the timber of such tree may apply to the Divisional Forest Officer fot cancellation of such contract on the ground that the consideration tberefor was substi,,ntially inadequate.

(1) If it comes to the notice of the Divisional Fore5t Officer that any such contract as is referred to in sub~sedion (t) of section 3 or section 4 has been entered into in contravention of the provisions of that sub-:.ection or that the eon..,ideration therefor is substantially inadequate, he may on his won motion, iwtitute a case and dispose it of as provided by ot' under this Act. (2) if it comes to the notice of any Revenue Officer not below the :rank of a Tabas.ildar orof any '.Block Development Officer or an)' forest Officer not below the rank of a Range Officer having jur!sciiction over the area or of any other officer specially authorised by the State Gov.:rnmcnt in this behalf that an}' such contract as is referred to in sub~sectfon (i) of see:ion 3 or section 4 has been entered into in·contrnvention of that sub~section or that the consideration thc,efor is substantially inadequate, he may refer the mntt.er to th\i Division;:it Forest Officer having jurisdic~ tion for insituting a case and disposing it of as prr.wlded by or undet this Act: Provided that the Divisional Forest Officer lnstitutin& a case under sub--section (1) or ihc officer mak:in~ a reference undet sub-secfam (2), may seize the timber involved in the transacUon and keep the sa1De in 1he cm~ody of the owner if he is of !he opinion 1bat such seizure is necca~ary and thereupon be shall prepare a list of the timber seized and obtain tl1e signaturi of the owner on such Jist and where the seizure is made by the later o:fficer, the snid list shall be fonvarded to the Divisional Forest Offi<:e.r ba-ving jurisdic.atlon along with the aforesaid reference.

[Repealed]

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any custom, usage or agreement or in any decree or order of any Court or other authority.

The Divisional Forest Officer shall, while holding an enquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:— (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person and examining him on oath; and (c) compelling the production of documents.

Any person aggrieved by an order of the Divisional Forest Officer under this Act may, within thirty days from the date of such order, prefer an appeal to the Conservator of Forests concerned, whose decision thereon shall be final.

Any person who enters into a contract for the sale of timber of any specified tree in contravention of the provisions of sub-section (1) of section 3 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act shall be congnizable.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the procedure to be followed in holding an enquiry under this Act;

(b) the manner of preferring an appeal and the fee payable thereof;

(c) the manner of disposing of the timber in cases where the contract is cancelled;

(d) any other matter which is required to be, or may be, prescribed.

(3) All rules made under this section shall, as soon as may be after they are made, be laid before the Legislative Assembly for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the Legislative Assembly makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form, so however, that such modification shall be without prejudice to the validity of anything previously done under those rules.

Sl. No. (1) Local Name (2) Botanical Name (3) 1 Sal Sho1ea Robusta 2 Kurum Adina Cordi Folia 3 Kasi Bridella Rctusa 4 Kusum Sch1.ficheia Taijuga 5 Wcntra Albizia Lebbek 6 Sirish Albizia Lebbek 7 Rimli (Nembura) Burslll'a Serrata 8 Saguan (Teak} 'l'ectona Graudia 9 Bijia (Piasal) Prerocarpus Marsupium 10 Sisoo Dalbergia Latifolia 11 Bandhan · Qugenia Daldergoidea 12 As~ Terminalia Tomentosa 13 Mahula Madhuca LatifoJia 14 Bhcru Cblo1osyion Siaietenia 15 Karanj Pongamia Glbra 16 R1.endu Dlespyios Melanoxylon 17 Dhaura Anogeibus Latifolia 18 IDlalr Acacia Catechu 19 Am.ha (mango) Mangife.ra lndica 20 Pana~a (Jackf ruit) Arocarpus Hcteropbylu1 21 'l'cntull (Tamarind) Tamarlndus indicas 22 Chandan Santalum Album 23 Tal(Palm) Baras9us FlabeUf er 24 hendla :ha.gesttefhia Parvifcdra 25 Arjona - We1mlnalla Aijuna 26 Acacia Acacia Formis 27 Eucalyptus Eucalyputs Saligna