Bare Acts Live

The Orissa Forest Act, 1972

Orissa Act 14 of 1972

or312

Chapter-I

Preliminary

(a) "Cattle" means cows, oxen, bulls and calves and includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, kids and such other kinds of animals as the State Government may, by notification, specify :

(b)-(d) [* * *]

(e) "Forest Offence" means an offence punishable under this Act or under the rules and includes the abetment of a forest offence;

[(f) "Forest Officer" -

(ii) such other persons who are notified by the State Government to perform all or any of the functions of a Forest Officer under this Act or any rule or order made thereunder, but does not include Forest Settlement Officer.]

(g) "Forest produce" includes -

(i) the following whether found in, or brought from a forest or not, that is to say -

(a) timber, charcoal, caoutchouc, catechu, wood-oil, resign, natural varnish, bark, Tussay Cocoon, lac, gums, roots of Patal Garuda, mahua flowers, mahua seeds, myrabolans, Kendu leaves, sandalwood, tamarind, hill-broom, Siali leaves, Siali fibres, Sal seeds;

(b) wild animals and wild birds, skins, tusks, horns, bones and all other parts or produce of wildlife; and

(c) such other produce as may be notified by the State Government; and

(ii) the following when found in or brought from a forest that is to say -

(a) trees and leaves, flowers and fruits and all other parts or produce of trees not hereinbefore mentioned;

(b) plants not being trees (including grass, creepers, reeds, and moss) and all parts or produce of such plants;

(c) honey, wax and arrowroot;

(d) peat, surface oil, rock, sand and minerals (including limestone, laterite, mineral oils and all products of mines or quarries):

(h) "Owner" in relation to a forest includes a mortgagee in possession, lessee or other person having right to the possession of an enjoyment of the forest :

(i) "Prescribed" means prescribed by rules made under this Act;

(i) [* * *]

(k) "River" includes streams, canals, back waters, cree1 s and other channels, natural or artificial;

(l) "Rule" means any rule made under this act;

(m) "Sandalwood" means the wood derived out of any part of Chandan tree and includes chips, dust or powder of such wood;

(n) "Timber" includes trees fallen or felled and all wood cut-up or sawn; and

(o) "Tree" includes palms, bamboos stumps, brushwood and canes.

Chapter-II

Of Reserved Forests

(a) declaring that it is proposed to constitute such land a reserved forest;

(b) specifying, as nearly as possible, the situation and limits of such lands; and

(c) appointing an officer (hereinafter called "The Forest Settlement Officer") to inquire into and determine the existence, nature and extent of any rights or privileges 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.

(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 & 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 compensation, if any, claimed in respect thereof.

(a) power to enter or authorise any person to enter upon any land, and to survey, demarcate and make a map of the same; and

(b) the powers of a Civil Court in the trial of suits.

(i) exclude such land from the limits of the proposed forest;

(ii) come to an agreement with the owner thereof for the surrender of his rights; or

(iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894).

(a) the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894);

(b) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under Section 9 of that Act;

(c) the provisions of the preceding sections of that Act shall be deemed to have been complied with; and

(d) the Collector, with the consent of the claimant or with the consent of both the parties, may award compensation in the form of land, or partly in the form of land and partly in money.

(a) the names, father's name, residence and occupation of the person claiming the right; and

(b) the designation, position and area of all fields or groups of fields, if any, and the designation and position of all buildings, if any, in respect of which the exercise of such right is claimed.

(a) set out some other forest tract of sufficient extent, and in a locality reasonably convenient for the purpose of such claimants, and make an order conferring upon them a right of pasture or to forest produce, as the case may be, to the extent so admitted; or

(b) so alter the limits of the proposed forest as to exclude forest land of sufficient extent, and in a locality reasonably convenient for the purposes of the claimants; or

(c) make an order continuing in favour of such claimants a right of pasture or to forest produce, as the case may be, to the extent so admitted, during such seasons and within such portions of the proposed forests, as he may fix and subject to such rules as may be made in this behalf.

(a) the period fixed under Section 6 for preferring claims has elapsed and all claims, if any, made under that section or Section 9 have been disposed of by the Forest Settlement Officer;

(b) If any such claims have been made, the period limited by Section 17 for preferring appeals from the orders passed on such claims has elapsed, and all appeals, if any, presented within such period have been disposed of by the appellate authority;

(c) if any such appeals have been presented, the period limited by Section 19 for making an application for revision of the appellate order has elapsed, and all applications, if any, made within such period have been disposed of by the revisional authority; and

(d) lands, if any, to be included in the proposed forest, which the Forest Settlement Officer has under Section 11 elected to acquire under the Land Acquisition Act, 1894 (1 of 1894) have become vested in the State Government under Section 16 of that Act,

(a) makes any fresh clearing or causes breaking of land which is prohibited under Section 3;

[(b) sets fire to a forest land in respect of which a notification under Section 4 has been issued, or kindles any fire or leaves any fire burning in such forest land in such manner as to endanger the forest land, or fells, girdles, lops any tree or strips off the bark or leaves from any tree in such land, or otherwise damages the same or causes damage to any forest produce in such land, or quarries stone, burns lime or charcoal or subjects to manufacturing process any forest produce in such land, or collects or removes any forest produce from such land, in contravention of any rule.]

(a) trespasses or pastures cattle or permits cattle to trespass; or

(b) causes any damage by negligence in felling any tree or cutting or dragging any timber or removing any forest produce.

(a) [kindles, keeps or carries any fire or fells], girdles, lops or burns any tree or plant or strips off the bark or leaves from or otherwise damages the same or causes damage to any forest produce;

(b) quarries stone, burns lime or charcoal or collects, subjects to manufacturing process or removes any forest produce;

(c) clears or breaks up any land for cultivation or for any other purpose, or cultivates or attempts to cultivate any land in any manner or puts up any sheds or other structure; or

(d) in contravention of any rule made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets traps or snares, shall be punishable with imprisonment for a term [which shall not be less than three years but may extend to seven years and with fine which may extend to ten thousand rupees] [* * *]

(a) any act done by permission in writing of the Divisional Forest Officer or any officer authorised by him in that behalf or under any rule made by State Government; or

(b) the exercise of any right continued under Clause (c) of Subsection (2) of Section 15, or created by grant or contract in writing made by or on behalf of the State Government as is referred to in Section 24.

(a) fire is caused wilfully or by gross negligence; or

(b) theft to forest produce occurs and such theft is, in the opinion of the State Government on such a scale as to be likely to imperil the future yield of such forest,

Chapter-III

Of Village Forests

Chapter-IV

Of Protected Forests

(a) declare any trees or class of trees in a protected forest to be reserved from a date to be specified in the notification;

(b) prohibit, from a date to be specified as aforesaid the quarrying of stone, or the burning of lime or charcoal, or the collection or subjection to any manufacturing process or removal of any forest produce in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for any other purpose, of any land in any such forest;

(c) declare that any portion of such forest as may be specified in the notification shall be closed to grazing and removal of any forest produce for such term as the State Government think fit for the plantation and natural growth of the forest :

(a) the cutting, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce, from protected forests;

(b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests to take trees, timber or other forest produce for their own use, and the production and return of such licences by such persons;

(c) the granting of licences to persons for felling or removing trees or timber or other forest produce from such forests for the purposes of trade, and the production and return of such licences by such persons.

(d) the payments, if any to be made by the persons mentioned in Clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest produce;

(e) the other payments, if any, to be made by them in respect of such trees, timber and other forest produce, and the places where such payment shall be made;

(f) the examination of forest produce passing out of such forests;

(g) the alienation, clearing and breaking up of land for cultivation or other purposes in such forests;

(h) the protection from fire of timber lying in such forests and of trees reserved under Section 34;

(i) the cutting of grass and pasturing of cattle in such forests;

(j) hunting, shooting, poisoning water, setting traps or snares and collection of wild life in such forests;

(k) the protection and management of any portion of a forest notified under Section 34; and

(l) the exercise of rights referred to in Section 33.

(a) fells, girdles, lops, traps or burns any tree reserved under Section 34, or strips off the bark or leaves from, or otherwise damages any such tree;

(b) contrary to any prohibition under Section 34, quarries any stone, or burns any lime or charcoal, or collects, subject to any manufacturing process, or removes any forest produce;

(c) contrary to any prohibition under Section 34 breaks up or clears for cultivation or any other purpose any land in any protected forest or cultivates or attempts to cultivate any such land in any manner;

(d) sets fire to such forest or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under Section 34, whether standing, fallen or felled, or to any portion of such forest notified under the said section;

(e) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;

(f) permits cattle to damage any such tree; or

(g) infringes any rule made under Section 36;

(a) fire is caused wilfully or by gross negligence; or

(b) theft of forest produce occurs and such theft is, in the opinion of the State Government on such a scale as to be likely to imperil the future yield of such forest;

Chapter-V

Of the Control over Forests and Lands not being the Property of Government or over which Government have Joint Interest

(a) the breaking up or clearing of land for cultivation;

(b) the pasturing of cattle; or

(c) setting fire to or clearing of the vegetation, when such regulation or prohibition appears necessary for any of the following purposes, namely ;

(i) for protection against storms, winds, rolling stones, floods, and avalanches;

(ii) for the preservation of the soil on the ridges and slopes and in the valleys or hilly tracts, the prevention of landslips or of the formation of ravines and torrents or the protection of land against erosion or the deposit thereon of sand, stones or gravel;

(iii) for the maintenance of water supply in springs, rivers, tanks, reservoirs and irrigation projects;

(iv) for the protection of roads, bridges, railways and other lines of communication;

(v) for the preservation of public health and of places of worship.

(a) that such land be managed on their behalf by the Forest Officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or

(b) that all or any of the provisions of this Act be applied to such land.

(a) undertake the management of such forests, waste land or produce accounting to such person for his interest in the same; or

(b) issue such regulations for the management of the forests, waste land or produce by the person so jointly interested as they deem necessary for the management thereof and the interest of all parties therein.

Chapter-VI

Of the Control of Timber and other Forest Produce in Transit or Possession

(a) prescribe the routes by which alone timber or other produce may be imported, exported or moved into, from or within the State;

(b) prohibit the import or export or moving of such timber or other forest produce without a pass from an officer duly authorised to issue the same and otherwise than in accordance with the conditions of such pass;

(c) provide for the issue, production and return of such passes and for the payment of fees therefor;

(d) provide for the stoppage, reporting, examination and marking of timber or other forest produce in transit, in respect of which there is reason to believe that any money is payable to Government on account of the price thereof or on account of any fee, royalty or charge due thereon, or to which is it desirable for the purpose of this Act to affix a mark;

(e) provide for the establishment and regulation of deposits to which such timber or other forest produce shall be taken by the person in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots;

(f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest produce, the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed.

(g) provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the-same;

(h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw mills, or saw pits, the converting, cutting, burning, concealing or marking of timber, the altering or effacing of any marks on the same or the possession or carrying of marking hammers or other implements used for marking timber;

(i) regulate the use of property marks for timber, and the registration of such marks, prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any person, and provide for the levy of fees for such registration;

(j) provide for maintenance of accounts of timber received at or despatched from the saw mills;

(k) regulate the possession and transit of valuable produce like sandalwood, tusks and wildlife trophies.

Chapter-VII

Of the Collection of Drift and Stranded Timber

(a) all timber found adrift, breached, stranded or sunk;

(b) all wood or timber bearing marks which have not been registered in accordance with the rules made under Section 45, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and

(c) in such areas as the State Government may direct, all unmarked wood and timber.

(a) the salving, collection and disposal of all timber mentioned in Section 49;

(b) the use and registration of boats used in salving and collecting timber;

(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and

(d) the use and registration of hammers and other instruments to be used for marking such timber.

[Chapter - VII-A]

Provisions Relating to Sandal Wood

(i) all sandal trees which may grow in any land on or after the date of commencement of the Orissa Forest (Amendment) Act, 1990; and

(ii) all sandal trees existing on any land prior to the commencement of the Orissa Forest (Amendment) Act, 1990. shall be the exclusive property of the State Government.

Chapter-VIII

Penalties and Procedure

(a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property;

(b) an opportunity of making a representation in writing within such reasonable times as may be specified in the notice against the grounds for confiscation; and

(c) a reasonable opportunity of being heard in the manner.

(a) knowingly counterfeits or unlawfully affixes upon any timber of standing trees a mark used by Forest Officer to indicate that such timber or tree is the property of Government or of some person, or that it may lawfully be cut or removed by some person: or

(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of Forest Officer; or

(c) alters, moves, destroys or defaces any boundary mark of any forest or waste land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term [which shall not be less than three years but may extend to seven years ana with fine which may extend to ten thousand rupees.]

(i) a sum of money not exceeding fifty rupees where such offence if of a trivial nature and involves forest produce the market value of which does not exceed twenty-five rupees.

(ii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, in addition to the market value of the forest produce, where such offence involves any forest produce which in the opinion of the Forest Officer may be released.

(iii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, where such offence involves forest produce which in the opinion of the Forest Officer should be retained by the Government :

(i) the accused person, if in custody, shall be discharged;

(ii) the property seized shall, if it is not to be so retained, be released; and

(iii) no further proceedings shall be taken against such person or property.

Chapter-IX

Cattle Trespass

For each elephant	Two rupees
For each buffalo or camel	Fifty rupees
For each horse, mare, gelding, pony, colt, filly, mule, bull, bullock, cow or heifer	Ten rupees
For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid	Five rupees

Chapter-X

Of Forest Officers

(a) power to enter upon any land and to survey, demarcate and prepare a map of the same;

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;

(c) powers to issue a search warrant under the Code of Criminal Procedure [1973] [(2 of 1974)]; and

(d) powers to hold an inquiry into forest offences, and in the course of such inquiry to receive and record evidence.

(a) public servants within the meaning of the Indian Penal Code, 1860 (45 of 1860);

(b) Police Officers for execution of search warrants issued in exercise of powers conferred under Clause (c), Sub-section (1) of Section 77.

Chapter-XI

Miscellaneous

(a) to prescribe and limit the Dowers and duties of any Forest Officer under this Act;

(b) to regulate the reward to be paid to officers and informant out of the proceeds of fines and confiscations under this Act.

(c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and

(d) generally to carry out the provisions of this Act.

(a) to extinguish any forest fire in such forest of which he has knowledge or information; and

(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest;

(i) in preventing commission in such forest or any forest offence; and

(ii) when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender.

(a) to furnish without necessary delay to the nearest Forest Officer or Police Officer any information as required by Sub-section (1):

(b) to take steps as required by Sub-section (1) to extinguish any forest fire in a reserved or protected forest ;

(c) to prevent, as required by Sub-section (1) any fire in the vicinity of such forest from spreading to such forest; or

(d) to assist any Forest Officer or Police Officer demanding his aid in preventing the commission in such forest or any forest offence, or when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender;

(a) any forest or land declared or deemed to be a reserved forest or protected forest or village forest under any of the said Acts shall be deemed to be a reserved forest, protected forest or, as the case may be, village forest under this Act; and

(b) all rules and orders made, notifications and notices issued, licences, passes and permits granted, fees levied, imposed or assessed, proceedings instituted and all actions taken and things done under any of the said Acts shall be deemed to have been respectively made, issued, granted, levied, imposed or assessed, instituted, taken or done under this Act and shall continue in force until new provisions are made under this Act.