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Lecture notes of 10 pages for the course bsc forestry at Sam Higginbottom (notes)

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Lecture-7

THE INDIAN FOREST ACT, 1927
[21st September, 1927]

An Act to consolidate the law relating to forests, the transit of forest-produce and the duty
leviable on timber and other forest-produce.

Whereas it is expedient to consolidate the law relating to forests, the transit of forest produce
and the duty leviable on timber and other forest-produce; It is hereby enacted a follows:



CHAPTER I

PRELIMINARY

1. Short title and extent
(1) This Act may be called the Indian Forest Act, 1921
(2) It extends to the whole of India except the territories which, immediately before the 1st
November, 1956, were comprised in Part B States.
(3) It applies to the territories which, immediately before the 1st November, 1956, were
comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punj Uttar
Pradesh and West Bengal; but the Government of any State may by notification in Official
Gazette bring this Act into force2 in the whole or any specified part of that State which this
Act extends and where it is not in force.
2. Interpretation clause.–In this Act, unless there is anything repugnant in the subject or
context–
(1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies colts,
fillies, Mules , asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) “Forest-officer” means, any person whom” 3” the State Government or any office
empowered by 3 the State Government in this behalf, may appoint to carry out all any of the
purposes of this Act or to do anything required by this Act or any rule mthereunder to be
done by a Forest-officer;
(3) “forest-offence” means an offence punishable under this Act or under any rule made there
under;
(4) “forest-produce” includes–
(a) the following whether found in, or brought from, a forest or not, that is to say timber,
charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers,
mahua seeds,4[kuth] and myrabolams, and
(b) the following when found in, or brought from a forest, that is to say
(i) trees and leaves, flowers and fruits, and all other parts or produce not herein before
mentioned, of trees,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce
of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other
parts or produce of animals, and
(iv) peat, surface soil, rock and minerals (including lime-stone, laterite, mineral oils, and all
products of mines or quaries);

, 5[(4A) “ownee” includes a Court of Wards in respect of property under the superintendence
or
charge of such Court;]
(5) “river” includes any stream, canal, creek or other channels, natural or artificial;
(6) “timber” includes trees, when they have fallen or have been felled, and all wood whether
cut up or fashioned or hollowed out for any purpose or not; and
(7) “tree” includes palms, bamboos, skumps, brush-wood and canes.



CHAPTER II
RESERVED FORESTS

3. Power to reserve forests.–The State Government may constitute any forest-land or waste-
land which is the property of Government, or over which the Government has proprietary
rights, or to the whole or any part of the forest-produce of which the Government is entitled,
a reserved forest in the manner hereinafter provided.
4. Notification by State Government.-(1) Whenever it has been decided to constitute any
land a reserved forest, the State Government shall issue a notification in the Official Gazette–
(a) declaring that it has been decided to constitute such land a reserved forest;
(b) specifying, as nearly as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into
and
determine the existence, nature and extent of any rights alleged to exist in favour of any
person in or over any land comprised within such limits or in or over any forest-produce, and
to deal with the same as provided in this Chapter.
Explanation.–For the purpose of clause (b), it shall be sufficient to describe the limits of the
forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.
(2) The officer appointed under clause (c) of sub-section (1) shall ordinarily be a person not
holding any forest-office except that of Forest Settlement-officer.
(3) Nothing in this section shall prevent the State Government from appointing any number
of
officers not exceeding three, not more than one of whom shall be a person holding any forest-
office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
5. Bar of accrual of forest-rights.–After the issue of a notification under section 4, no right
shall be acquired in or over the land comprised in such notification, except by succession or
under a grant or contract in writing made or entered into by or on behalf of the Government
or some person in whom such right was vested when the notification was issued; and no fresh
clearings for cultivation or for any other purpose shall be made in such land except in
accordance with such rules as may be made by the State Government in this behalf.
6. Proclamation by Forest Settlement-officer.–When a notification has been issued under
section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and
village in the neighbourhood of the land comprised therein, a proclamation
(a) specifying, as nearly as possible, the situation and limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation
of such forest; and
(c) fixing a period of not less than three months from the date of such proclamation, and
requiring every person claiming any right mentioned in section 4 or section, 5 within such
period either to present to the Forest Settlement-officer a written notice specifying or to
appear before him and state, the nature of such right and the amount and particulars of the

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