Chapter III KHASMAL AND GORUCHARAN

22. (1) The Government may, by notification, declare that the provisions of this Chapter shall apply to khasmal or gorucharan forest.

1. (2) Any forest which has been declared as khasmal forest and gorucharan forest before the commencement of this Act which has been specified in the records of rights of 1952 cadestral survey, shall be deemed to be khasmal forest and gorucharan forest.
2. (3) Any waste land or banjo land which is not the property of any person shall be deemed to be a khasmal forest for the purpose of this Act.

23. No such notification referred to in sub-section (1) of section 22 shall be issued unless the nature and extent of the rights of the Government and of private persons in or over the khasmal and gorucharan forests is inquired into and recorded in a survey and settlement record, or in such other manner as the Government thinks sufficient. Every such record shall be presumed to be correct until proved otherwise: Provided that in the case of any khasmal or gorucharan forests, if the Government thinks that such inquiry and record are necessary but that the completion thereof will occupy such length of time as may endanger the rights of Government, the Government may, pending such inquiry and record, declare such land to be khasmal or gorucharan forest, as the case may be, but so, however, the existing rights of individuals or communities are affected as little as possible.

24. (1) Any person who, (a) makes any fresh clearing or converts khasmal forests or gorucharan forest or part thereof to any use other than forestry;

1. (b) sets fire to a khasmal forest or gorucharan forest or part thereof;
2. (c) in contravention of any rules made under this Act kindles any fire or leaves any fire burning in such manner as to endanger such a forest;
3. (d) kindles, keeps or carries any fire except during season other than the season notified by the forest officer;
4. (e) causes, by negligence, any damage, by felling any tree or cutting or dragging any timber;
5. (f) cuts, pollards, girdles, lops, taps or burns any tree or strips off the bark or otherwise damages the same;
6. (g) quarries stone, burns lime or charcoal or collects any forest produce;
7. (h) damages, alters, removes any cairn, wall, ditch, embankment, fence, hedge or railing, boundary marks, shall, on conviction, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both and in addition to be liable to pay such compensation for the damage done to the forest as the convicting court may direct.

1. (2) Notwithstanding anything contained in sub-section (1), the following acts shall not render the person liable to punishment under that sub-section for-
   • (a) any act done with the permission, in writing, of the forest officer not below the rank of a Range Officer;
   • (b) grazing of cattle and collection of such quantity of fodder from khasmal forest for bonafide use of the resident of the adjoining locality;
   • (c) grazing of cattle, collection of such quantity of dry fallen sticks and grass or fodder in a gorucharan forest.

25. The Government may, by notification,-

1. (a) declare that any portion of khasmal or gorucharan forest shall be closed for such period not exceeding thirty years and that the rights of any private persons over such forest or portion thereof shall be suspended during that period; and
2. (b) declare any tree or class of trees in khasmal or gorucharan forest to be reserved from the date fixed in that notification.

26. Whenever fire is caused wilfully or by gross negligence in khasmal or gorucharan forest, the Government may, notwithstanding any other penalty which has been imposed under this Act, direct that in such forest or any portion thereof the exercise of all rights provided in sub-section (2) of section 24 shall be suspended for such period as may be specified.

27. (1) The Government may, by notification, make rules to carry out the purposes of this Chapter.

1. (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 cutting, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce;
   • (b) the granting of permits to the inhabitants of neighbouring villages to take trees, timber or other forest produce for their bonafide use, and the production and return of such permits by such villagers;
   • (c) the payment, if any, to be made for the permission to cut trees or to collect and remove such timber or other forest produce;
   • (d) the examination of forest produce passing out of such forests;
   • (e) the cutting of grass and grazing of cattle in such forests and payment thereof, if any;
   • (f) the protection and management of any portion of forest closed under section 25; and
   • (g) the exercise of rights referred to in section 25.

28. Whoever contravenes the provisions of the rules made under section 27 shall, on conviction, be punishable with imprisonment for a term which may extend to two years or with a fine which may extend to five thousand rupees, or with both.