Chapter V CONTROL AND MANAGEMENT OF PRIVATE FORESTS

33. For the purpose of this Chapter -

1. (a) "forest" includes any land containing trees and shrubs, pasture land and any land not being a reserve forest, a gorucharan or khasmal forest, slip reserve and road reserve, which the Government may, by notification, under this section declare to be a forest;
2. (b) "owner" in relation to a forest or land includes a mortgagee, leasees or other person having rights to possession and enjoyment of forest land.

34. (1) No owner of any forest and no person claiming under him whether by virtue of a contract, licence or any other transaction entered into before or after the commencement of this Act or any other person shall, without the previous permission of the forest officer authorised in this behalf, cuts or girdles trees or do any act to denude the forest or diminishes its utility as a forest : Provided that nothing contained in this sub-section shall apply to-

1. (a) the removal of fallen trees; and
2. (b) the making of agricultural implements for bonafide use of the owner.

1. (2) Notwithstanding anything contained in sub-section (1), the Government may, by notification, and for reasons to be specified in such notification, exempt any class of forest or class of trees of any forest produce found therein from all or any of the provisions of this section.
2. (3) The Government may, by notification, declare any tree or species of trees to be reserved from the date fixed in such notification in such forest or land.

35. For the purpose of section 34, the Government may, make rules prescribing,--

1. (a) class or kinds or species of trees which may be permitted to be cut and girdled and girth of such trees;
2. (b) the conditions subject to which permission for removal of trees may be granted;
3. (c) the procedure to be followed by the forest officer before granting permission;
4. (d) the procedure regarding granting of permission to fell trees specified under section 34.

36. (1) The Government may, by notification,-

1. (a) regulate or prohibit in any forest-
   • (i) the breaking up or clearing of any land;
   • (ii) the pasturing of cattle;
   • (iii) the firing or clearing of vegetation; or
   • (iv) the girdling, tapping or burning of any trees or stripping off bark or leaves of any trees;
   • (v) the lopping or pollarding of any trees;
   • (vi) cutting, sawing, conversion and removal of trees and timber;
   • (vii) the quarrying of stones or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manufacturing processes;
2. (b) regulate in any forest the regeneration of forest and their protection from fire;
3. (c) regulate the exercise of customary and prescriptive rights in such forests.

1. (2) When protection of forest or land referred to in sub-section (1) of section 34 appears to be necessary, the Government may, by notification, provide-
   • (a) for conservation of trees and forests;
   • (b) for the preservation, improvement of soil or the reclamation of saline or water logged land, the prevention of land slips or formation of ravines or torrents or the protection of land against erosion or the deposit therein of sand, stones, gravels or minerals;
   • (c) for the improvement of grazing;
   • (d) for the maintenance of water supply and springs, rivers and tracks;
   • (e) for the protection against storms, winds, rolling stones, floods and avalanches;
   • (f) for the protection of roads, bridges, and other lines of communications.
2. (3) No notification shall be made under sub-section (1) nor shall any work be commenced under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be issued or work commenced, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by any officer duly appointed on that behalf by the Government.

37. Whoever contravenes the provisions of sub-section (1) of section 34 or the rules made under section 35, or of the terms of a notification issued under section 36 shall, without prejudice to any other action that may be taken against him under this Act, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both.

38. (1) Any owner of any land or, if there be more than one owner thereof, the owners of all the shares therein may, with a view to the formation or preservation of forest thereon, apply in writing to the Government to take over the management of such land and the Government may, on such application, where it is of opinion that it is expedient in public interest to form or preserve the forest, by notification, assume the management of such land.

1. (2) When the management of any land is assumed under sub-section (1) save as otherwise agreed to between the Government and the applicants, the net profit, if any, arising from the management of the forest shall be paid to the owners.
2. (3) The period of management shall be as such as may be agreed to between the Government and the applicants.

39. (1) Every occupant or holder of land shall be responsible for the due preservation of all trees growing thereon and shall in the event of any injury to any tree from whatever cause or its theft, at once report such fact to the nearest forest officer.-

1. (2) Any occupant or holder who fails to report any such case of injury or theft as aforesaid or to prove to the satisfaction of such officer of the rank not below to that of a Range Officer that such injury or theft has not been caused either by his own act or by neglect or default on his part or by any other person at his instigation or with his connivance shall, notwithstanding any other penalty to which he may be liable, be liable to pay such compensation on account of such injury or theft as the Range Officer may deem reasonable: Provided that the Range Officer may, in cases in which he is satisfied that the person responsible for the act, neglect, default, instigation or connivance resulting in the injury or theft, is a tenant of the occupant or holder or any other person holding under or through a tenant or occupant or holder, direct that such tenant or occupant or holder or other persons shall be liable for compensation or, be proceeded against in the first instance for recovery thereof.

40. (1) Every person who whether as holder, occupant, tenant, sub-tenant or lessee or in any other capacity having right over trees growing or existing or found on any land, who is desirous of felling such trees for bona fide domestic use, shall apply to the forest officer not below the rank of Range Officer in the prescribed form and shall obtain permit.

1. (2) No person shall remove any trees, wood, timber or other forest produce from his land without obtaining permit in this behalf in the manner provided in sub-section (1) : Provided that no fees or duties shall be imposed on removal of such produce by any person from his land.
2. (3) Every person who having right over trees growing or existing or found on any land, is desirous of felling such trees for commercial use shall apply to the forest officer not below the rank of Deputy Conservator of Forests and shall obtain a permit on payment, if any, as may be prescribed.

41. The provisions of Chapter III of this Act shall apply in respect of all forest produce and trees grown in any land under the control and management of a local authority and institution.