Vidhi Codex

The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988

The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988

Environmental198892 sections10 chapters

This law protects forests, waterways, and road reserves across the entire state of Sikkim. It defines what counts as forest land and forest produce, including trees, animals, and minerals. The government can declare specific areas as reserved forests to manage them better. By setting these rules, the act aims to preserve the natural environment and resources for the public while preventing illegal activities like unauthorized grazing or logging.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II RESERVED FORESTS →

  1. 3Power to reserve forests
  2. 4The Government may declare any land as a reserved forest in the manner hereinafter provided.
  3. 5Bar of accrual of forest rights
  4. 6Proclamation by Forest Settlement Officer
  5. 7Inquiry by Forest Settlement Officer
  6. 8Powers of Forest Settlement Officer
  7. 9Extinction of rights
  8. 10Treatment of claims relating to shifting cultivation
  9. 11Power to acquire land over which right is claimed
  10. 12Order on claim to right of pasture or to forest produce
  11. 13In case of a claim to right of pasture or to forest produce, the Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part.
  12. 14Appeal from order passed under section 11 and section 12
  13. 15Appeal under section 14
  14. 16Appointing of pleaders
  15. 17Notification declaring forest reserved
  16. 18Power to stop ways and water courses in reserved forests
  17. 19Reserved forests declared as such before the commencement of this Act
  18. 20Acts prohibited in reserved forest and penalties thereof
  19. 21Penalties for offences committed by person having rights in reserved forests

Chapter III KHASMAL AND GORUCHARAN →

  1. 22Power of Government to declare Khasmal and gorucharan forests
  2. 23Limitation on exercise of powers under section 22
  3. 24Acts prohibited in khasmal and gorucharan forest and penalty therefor
  4. 25Power of Government to order closure of forest
  5. 26Suspension of rights in case of fire
  6. 27Power to make rules for khasmal and gorucharan forest
  7. 28Penalties for acts in contravention of section 27

Chapter IV PROTECTION OF RIVER BANKS, SLIP RESERVE, ROAD RESERVE, ETC. →

  1. 29River banks, slip reserve, road reserve, etc.
  2. 30Penalty
  3. 31Use of water resources, glaciers etc. by industrial establishment
  4. 32Power of Government to close slip reserve, road reserve or river banks

Chapter V CONTROL AND MANAGEMENT OF PRIVATE FORESTS →

  1. 33Control over forests or lands not being the property of Government
  2. 34Preservation of private forest and to reserve trees
  3. 35Power to make rules
  4. 36Protection of forest or land for special purposes
  5. 37Penalty
  6. 38Government management of forest at the request of owner
  7. 39Responsibilities of occupants and holdings of the land for preservation of trees
  8. 40Application for permits for felling tree
  9. 41Application of provision of this Act relating to forest produce and trees grown in land under the control of the local authority and institution

Chapter VI TRANSIT OF FOREST PRODUCE →

  1. 42Power to make rules to regulate transit of Forest produce
  2. 43The Government and forest officer not liable for damage to forest produce at depots and stations
  3. 44All persons employed at depots and stations bound to aid in case of accident

Chapter VII COLLECTION OF DRIFT AND STRANDED TIMBER →

  1. 45Certain kinds of timber property of Government
  2. 46Notice to claimants of drift timber
  3. 47Procedure for disposal of application for claim
  4. 48Disposal of unclaimed timber
  5. 49Government and its officers not liable for damage
  6. 50Payment to be made by claimant before timber is delivered to him
  7. 51Power to make rules

Chapter VIII CATTLE - TRESPASS →

  1. 52Power to seize and impound cattle
  2. 53Power to levy fine
  3. 54Power to make rules

Chapter IX PENALTIES AND PROCEDURE →

  1. 55The seizure of property liable to confiscation
  2. 56Power to release property seized under section 55
  3. 57Penalty for unauthorisedly taking possession of land constituted as reserved forests
  4. 58Forest produce, implements, tools, etc. when liable for forfeiture
  5. 59Disposal of forest produce etc. on conclusion of trial
  6. 60Procedure when offender is not known or cannot be found
  7. 61Procedure as to perishable property seized
  8. 62Appeal from orders under sections 58, 59 or 60
  9. 63Vesting of forfeited property in the Government
  10. 64Confiscation by forest officers in certain cases
  11. 65Issue of show cause notice
  12. 66No order confiscating any property under section 64 shall be made except after serving a notice in writing to the person from whom it is seized and considering his objection, if any.
  13. 67Provided that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.
  14. 68Vexatious search, etc. by forest officer
  15. 69Penalty for counterfeiting or defacing marks on trees or timbers and for altering boundary marks
  16. 70Power to arrest without warrant
  17. 71Power to release on bond
  18. 71ACertain offences to be non-bailable
  19. 72Power to try offences summarily
  20. 73Power to prevent commission of offence
  21. 74Every forest officer and police officer shall prevent, and may interfere for the purpose of preventing the commission of any forest offence.
  22. 75Forest produce presumed to be the Government property
  23. 76Compensation for damage
  24. 77Forfeiture of leases
  25. 78Act not in derogation of other laws

Chapter X MISCELLANEOUS →

  1. 79Powers of forest officer
  2. 80Provided that it has been taken in the presence of the accused person and recorded in the manner as provided under sections 355, 356 or 357 of the Code of Criminal Procedure, 1898.
  3. 81Every forest officer shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.
  4. 82Forest officer not to trade
  5. 83General power to make rules
  6. 84Penalties
  7. 85Persons bound to assist forest officer
  8. 86Recovery of money due to Government
  9. 87Lien on forest produce
  10. 88Recovery of penalties due under bond
  11. 89Power to remove difficulties
  12. 90Provided that no such order shall be made after the expiration of a period of three years from the date of commencement of this Act.
  13. 91Repeal and Saving

PDF: pending for this language.