The Indian Forest (Uttaranchal Amendment) Act, 2001

1. (1) This Act may be called the Indian Forest (Uttaranchal Amendment) Act, 2001.
2. (2) It shall extend to the whole of Uttaranchal.
3. (3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.

In section 2 of Indian Forest Act, 1927; hereinafter referred to as the principal Act, the following clause shall be inserted, namely :-

2-A "authorised officer" means an officer authorised under sub-section

1. (1) of section 52-A.

In section 26 the principal Act, in sub-section

1. (1) -
   • (i) In clause
   • (b) after the words "reserved forest" the words "or to a forest in the land in respect of which a notification under section 4 has been issued" shall be inserted;
     • (ii) in clause
   • (e) for the word "dragging" the word "removing" shall be substituted;
     • (iii) in clause
   • (f) after the words "the same" the words "or any forest produce" shall be inserted;
     • (iv) for the words "shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;" the words "shall, for an Act described under clause
   • (b) or clause
   • (f) or clause
   • (g) or clause (h), be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees but which shall not be less than five thousand rupees, or and for an Act described under any of the other clauses, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both," shall be substituted.

In section 33 of the principal Act, in sub-section

1. (1) --
   • (i) in clause
   • (c) after the words "or clears" the words "or, attempts to break-up or clear" shall be inserted;
     • (ii) in clause
   • (f) for the word "drags" the word "removes" shall be substituted;
     • (iii) for the words "six months, or with fine which may extend to five hundred rupees, or with both "the words "two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees" shall be substituted.

In section 42 of the principal Act, in sub-section (1), or the words "six month, or fine which may extend to five hundred rupees" the words "two years, or fine which may extend to five thousand rupees" shall be substituted.

In section 52 of the principal Act--

1. (i) in sub-section (1), for the words "carts or cattle" the words "vehicles, cattle, ropes, chains or other articles" shall be substituted;
2. (ii) for sub-section (2), the following sub-sections shall be substituted, namely-- "(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in-charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.

1. (3) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer."

After section 52 of the principal Act, the following sections shall be inserted, namely-- "52-A procedure on seizure--(1) Notwithstanding anything contained in this Act or any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under sub-section

1. (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.
2. (2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section
3. (1) to his official superior.
4. (3) Where the authorised officer passing an order under sub-section
5. (1) is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every sale to his official superior.
6. (4) No order under sub-section
7. (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property : Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any, will suffice.
8. (5) No order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be made if any person referred to in sub-section
9. (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.

52-C Order of confiscation not to prevent any other punishment--No order of confiscation under section 52-A or 52-B shall prevent the infliction of any punishment to which the person affected thereby may be liable under this Act.

52-D Bar of Jurisdiction in certain cases--Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section

1. (1) of section 52, the authorised officer under section 52-A or the State Government under section 52-B shall have jurisdiction; to the exclusion of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property." 8. Amendment of section 53 In section 53 of the principal Act, --
   • (i) for the words "carts or cattle" the words "vehicle, cattle, ropes, chains or other articles" shall be substituted;
   • (ii) after the words "the seizure has been made" the words "except in respect of cases falling under section 52-A for which the procedure laid down in that section shall be followed" shall be inserted. 9. Amendment of section 55 In section 55 of the principal Act, in sub-section
2. (1) for the words "Carts and cattle used in committing any forest offence" the words "vehicles, cattle, ropes, chains and other articles used in committing such forest offence" shall be substituted. 10. Amendment of section 57 In section 57 of the principal Act, for the words "The Magistrate may" the words "The Magistrate, subject to section 52-D, may" shall be substituted. 11. Amendment of section 58 In section 58 of the principal Act for the words "The Magistrate may, notwithstanding aything [sic] hereinbefore contained," the words "Notwithstanding anything hereinbefore contained, but subject to sub-section
3. (3) of section 52-A, the magistrate," shall be substituted. 12. Amendment of section 60 Section 60 of the principal Act shall be renumbered as sub-section
4. (1) thereof and after sub-section
5. (1) as so renumbered the following sub-section shall be inserted, namely:-- "(2) When an order for confiscation has been passed under section 52-A and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when an appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the State Government free from all encumbrances." 13. Insertion of new sections After section 61-A of the principal Act, the following sections shall be inserted, namely-- "61-A Summary eviction of unauthorised occupants--(1) If a Forest Officer, not below the rank of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29, as the case may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.
6. (2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.
7. (3) if any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section
8. (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.
9. (4) Any person aggrieved by an order of the Forest Officer undr [sic] sub-section
10. (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final.

1. (2) Where any property is sold under sub-section
2. (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned." 14. Insertion of new section After section 65 of the principal Act, the following sections shall be inserted, namely-- "65-A Certain offences to be non-bailable--(1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973, any offence punishable under section 26, or section 33 or section 42 or section 63 shall be non-bailable.
3. (2) No person accused of any offence as aforesaid shall, if in custody, be released on bail or on his own bond unless--
   • (a) the prosecution has been given an opportunity to oppose the application for such release, and
   • (b) where the prosecution opposes the application as aforesaid, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences." 15. Amendment of section 68 In section 68 of the principal Act, in sub-section (3)--
     • (i) the words "and is in receipt of a monthly salary amounting to atleast one hundred rupees" shall be omitted;
     • (ii) for the words "fifty rupees" the words "five thousand rupees for the first offence and for second subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees." shall be substituted. 16. Substitution of section 74 For section 74 of the principal Act the following section shall be substituted, namely-- "74 Indemnity for acts done in good faith--No suit, prosecution or other legal proceeding shall lie against the State Government or any public servant for anything one by him under this Act or rules or orders made thereunder." 17. Amendment of section 77 In section 77 of the principal Act for the words "one month, or fine which may extend to five hundred rupees" the words "one year, or with fine which may extend to two thousand rupees" shall be substituted. 18. Amendment of section 79 In section 79 of the principal Act, in sub-section
4. (2) for the words "one month, or with fine which may extend to two hundred rupees", the words "one year ,or with fine which may extend to one thousand rupees", shall be substituted. 19. Substitution of section 82 for section 82 of the principal Act the following section shall be substituted, namely-- "82 Recovery of money due to State Government--All money, other than fines, payable to the State Government under this Act or under any rule made thereunder or on account of the price of any forest produce or any agricultural crop grown on land owned by the State Government in a reserved or protected forest or under any contract relating to forest produce or said agricultural crop, including any sum recoverable thereunder for breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders issued by or under the authority of a Forest Officer and all compensation awarded to the State Government under this Act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land-revenue."