NRM-306-Forest laws legislation and policies

UNIVERSITY OF AGRICULTURAL SICENCES, DHARWAD
Forest Laws, Legislation and Policies

NRM, 306 (2+0)
LECTURE NOTES
Prepared by
Dr. Bhimappa Kittur

ASSISTANT PROFESSOR
2020-21
DEPARTMENT OF NATURAL RESOURCE MANAGEMENT

COLLEGE OF FORESTRY,
SIRSI 581 401,
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Introduction: History of forest management during India history. Forest Protection- during
Mahanjodaro, Kautilya’s Arthasastra period, Evolution of Forest Policies in India during
British period. Dehra Dun and Coopers Hill. British conservationist: Cleghorn, Brandis, Bailey etc. and
Dalhousie their administration.
Introduction to Laws, Legislation and Policies: Definitions- Policy, laws, Legislation, Appeal, Crime,
The Indian Penal Code, Bail, Section, Clause, An Act, Forest Policy
Types of laws, Legal Principles of punishment, Classification of offences, Purpose of the Forest
Laws, scope and applicability of CPC
Concept of rights, concessions and property in forests
Background : Framing of Forest act/policy in British India
Indian Forest Act of 1865-Features and concept
Indian Forest Act 1878: Features, The classification of forests, categories of forest and drawbacks
National Forest Policy, 1988- Basic Objectives, Essentials Of Forest Management, Strategies,
Drawbacks
The Indian Forest Act 1927- Arrangement Of Sections, all Chapters
Classification of forests Delegation of powers Appointment of offices, Duties of Forest
Settlement Officer, tribal rights and concessions, Prohibitions, control, Drawbacks of the Act
National Forest Policy, 1952- Vital national needs, Functional classification of forests, Drawbacks of
the policy
National Forest Policy, 1988- Basic Objectives, essentials of forest management, strategies and
drawbacks of the policy
Wild Life (Protection) Act, 1972: all the Chapters, Sections, Appointment of authorities, delegation
of powers, Hunting of Wild Animals, Protected Areas, Central Zoo Authority And Recognition of Zoos,
Functions of the Zoo Authority
Forest (Conservation) Act, 1980- Restriction on the de-reservation of forests, Penalties, Forest
(Conservation) Rules, 2003,
Application of Forest (Conservation) Act, 1980, Submission of Proposals
Biological Diversity Bill-2002: Regulation Of Access To Biological Diversity
various court verdicts- BtBrinjal, Patanjali judgement
Hershey India gets notice for violation of Bio-diversity Act
Czech Scientists case
The CIDMA case
Forest Rights Act, 2006- All section and chapters
Forest Rights, recognition, restoration of forest rights
Offences and Penalties
National Commission on Agriculture 1976
Karnataka Forest Act, 1963 – all sections and chapters
The Karnataka Preservation Of Trees Act, 1976-all sections and chapters
The low of evidence and the Indian evidence act, 1872 in forestry matters
Application of penal code to forests, general principles of criminal law

Legal principles of punishment criminal procedure code
Lecture Outline
References: Negi SS. 2006. Forest Policy and Law. International Book Distributors,
Dehradun, India. Pp. 261
Poddar AK., Mukharjee S., Nandy D. 2011. Forest Laws and Policies in India. Regal
Publications, New Delhi. Pp 481.
Introduction
Law:
Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. It has been defined both as "the science of justice" and
"the art of justice".
Law regulates and ensures that individuals or a community adhere to the will of the state.
State-enforced laws can be made by a collective legislature or by a single legislator, resulting
in statutes, by the executive through decrees and regulations, or established by judges
through precedent, normally in common law jurisdictions. The formation of laws themselves
may be influenced by a constitution, written or tacit, and the rights encoded therein. The law
shapes politics, economics, history and society in various ways and serves as a mediator of
relations between people.
A general distinction can be made between (a) civil law jurisdictions, in which a legislature
or other central body codifies and consolidates their laws, and (b) common law systems,
where judge-made precedent is accepted as binding law. Historically, religious laws played a
significant role even in settling of secular matters, and is still used in some religious
communities. Islamic Sharia law is the world's most widely used religious law, and is used as
the primary legal system in some countries, such as Iran and Saudi Arabia.
The adjudication of the law is generally divided into two main areas. Criminal law deals with
conduct that is considered harmful to social order and in which the guilty party may be
imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals
with the resolution of lawsuits (disputes) between individuals and/or organizations.
Law provides a source of scholarly inquiry into legal history, philosophy, economic
analysis and sociology. Law also raises important and complex issues concerning equality,
fairness, and justice.

Types of laws (4 types)
There are four types of law that we have in our legislative system.
1. Criminal law
This is the kind of love that the police enforce. Murder, assault, robbery, and rape are examples
of it. An offense which is seen as being against everybody even though it does not come under
the Criminal law.
For example, if a car is stolen then the theft is against the individual, but it threatens all car
owners because they might have stolen their car. Because the view is taken that everybody is
threatened by the crime this law is dealt with the public services and not by private investigators.
2. Civil law
Different areas such as a right to an education or to A trade union membership and divorce
problems furniture is a split between the couple and who receives custody of the children. The
best way to describe civil law is that it looks at actions that are not the crime. But the individuals
to sort their own problems by going to court themselves or with a lawyer.
It is a section of law dealing with disputes between individuals and organizations. For example,
a car crash victims claims from the driver for loss or injury sustained in an accident or one
company sue another over a trade dispute.
3. Common law
It is also known as Judicial precedent or judge-made law or case law. It is a body of law derived
from the judicial decision of courts and similar tribunals. As the names describe it is common to
all. Today one-third of world’s population lives in common law jurisdictions or in the systems.
It is defined as a body of legal rules that have been made by judges at the issue rolling on cases
as opposed to rules and laws made by the legislature or in official statues. An example of
common law is a rule that a judge made the people have a duty to read contracts.
Example of a common law marriage is when two people have lived together for 10 or more
years. They have thus and legal rights to share their assets because of it.
4. Statutory law
It is termed used to define return loss usually enacted by a legislative body. It varies from
regulatory or administrative laws common law or the law created by prior Court decisions. A
bill is proposed in the legislature and voted upon. For example, you are given a citation for
violating the speed limit, you have broken a vehicle and traffic law.
Legislation
Legislation (or"statutory law") is law which has been promulgated (or "enacted") by
a legislature or other governing body or the process of making it. Before an item of
legislation becomes law it may be known as a bill, and may be broadly referred to as
"legislation", while it remains under consideration to distinguish it from other business.
Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds),
to sanction, to grant, to declare or to restrict. It may be contrasted with a non-legislative act
which is adopted by an executive or administrative body under the authority of a legislative
act or for implementing a legislative act.
Legislation, also known as statutory law, is the basic structure of present legal system of
India. Statutory laws are based on the statutes enacted and imposed by the legislature. A
statute is a formal act of the Legislature in written form. It declares the will of the
Legislature. It may be declaratory of the law, or a command which must be obeyed, or a
prohibition forbidding a course of conduct or a particular act. Legislation, at its best, is not a
combat between ideological opponents but instead a sincere search for the best governing
rules for our society.
Policy
Policy is a deliberate system of principles to guide decisions and achieve rational outcomes.
A policy is a statement of intent, and is implemented as a procedure or protocol. Policies are
generally adopted by a governance body within an organization. Policies can assist in
both subjective and objective decision making. Policies to assist in subjective decision
making usually assist senior management with decisions that must be based on the relative
merits of a number of factors, and as a result are often hard to test objectively.
Bar
The meaning of bar in bar Council can be define as the “legal profession or advocacy”. The
term bar means the whole body of lawyers or the legal profession. This is drived from the
word barristers. The bar is profession which deals with law & its different streams. Like in
medical you study medicine in the same way in Bar you study Law.
Appeal

In law, an appeal is the process in which cases are reviewed, where parties request a formal
change to an official decision. Appeals function both as a process for error correction as well
as a process of clarifying and interpreting law
Crime
A crime is an unlawful act punishable by a state or other authority. The term crime does not,
in modern criminal law, have any simple and universally accepted definition, though
statutory definitions have been provided for certain purposes. The most popular view is that
crime is a category created by law
The Indian Penal Code (IPC)

It is a comprehensive code intended to cover all substantive aspects of criminal law. The code
was drafted in 1860 on the recommendations of first law commission of India established in
1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington
Macaulay. It came into force in British India during the early British Raj period in 1862. The
drafting was completed in 1850 and the Code was presented to the Legislative Council in
1856, but it did not take its place on the statute book of British India until a generation later,
following the Indian Rebellion of 1857.
Objectives for formation of IPC

1. The objective of this Act is to provide a general penal code for India. Though not the
initial objective, the Act does not repeal the penal laws which were in force at the
time of coming into force in India.
2. This was done because the Code does not contain all the offences and it was possible
that some offences might have still been left out of the Code, which were not intended
to be exempted from penal consequences.
3. Though this Code consolidates the whole of the law on the subject and is exhaustive
on the matters in respect of which it declares the law, many more penal statutes
governing various offences have been created in addition to the code.
Legal Principles of punishment
The penal law of India comprises the provisions of the General law and the provisions of the
Special laws. The general law consists of the provisions of the indian penal code, and the
special laws consist of the provisions which deal with certain specific subjects relating to
persons, places or things. These two segments together constitute the penal law of our

country. In order, therefore, to know what reforms are needed in the provisions of these two
segments of penal law it is necessary to conduct a study separately of the provisions of each
of these two segments and note the factors which justify a change in the provisions.
In order therefore to conduct an exhaustive study of the System of Punishments in India and
to note the factors which cause a reform of its provisions necessary a study is taken up first of
the provisions of the penal code and note the factors in relation to its provisions which justify
a change as necessary.
I. Punishments under the penalcode:

The indian penal code enumerates the different punishments which the courts may award to a
person convicted for a crime:
1. Death Penalty
 It is the most grave penalty imposed by IPC. Many sections still prescribe the
punishment of death. Some of them are as follows:
 Offence under Section 194 IPC where a person gives false evidence with intention to
cause any person to be convicted of capital punishment
 Offence of murder for which punishment of death or imprisonment of life is
prescribed under Section 302 IPC.
 Offence of abetting suicide of child or insane person as mentioned in Section 305
IPC
 In Section 307 when a life convict attempts to murder and hurt is caused Death
Sentence may be imposed.
 Kidnapping for ransom as described under Section 364A may be met with punishment
of Death alongwith other alternative punishments
 If any one of five or more person s who are conjointly committing dacoity,
2). Life Imprisonment:
Living behind the bars are sometimes far more painful than death sentence. It is the most
popular type of sentence after death penalty. In most serious offences this type of punishment
is prescribed. Wherever death penalty is prescribed, life imprisonment also finds a place as an
alternative punishment.
3). Imprisonment both rigorous and simple:
Rigorous imprisonment is of such type where the convict will have to do hard labour. In
many offences the period of imprisonment varies. In simple imprisonment also the term of
imprisonment varies according to offences.
4). Forfeiture of Property:
Forfeiture of property is not very common in IPC. Section 61 which specified sentence of
forfeiture of property has been repealed by Indian Penal Code (Amendment) Act, 1921.
5). Fine: IPC prescribes fine as a penalty both independent and along with other penalties.
The amount of fine varies with offences.

The Code of Criminal Procedure (CrPC)
It is the main legislation on procedure for administration of substantive criminal law in India.
It was enacted in 1973 and came into force on 1 April 1974.
It provides the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of offences and maintenance of
wife, child and parents.
At present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are
divided into 37 Chapters.
Classification of offences under the Code two

categories
Cognizable and non-cognizable offences
A. Cognizable Offence
1. Cognizable offence means an offence for which a police officer may, in accordance
with the First Schedule or under any other law for the time being in force, arrest
without a warrant.
2. Cognizable offences are those offences which are serious in nature. Example- Murder,
Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural
Offences.
3. Section 154 of CrPc provides that under a Cognizable offence or case, the Police
Officer has to receive the First Information Report (FIR) relating to the cognizable
offence, which can be obtained without the Magistrate’s permission and enter it in the
General Diary to immediately start the investigation. An FIR sets the criminal law in
motion.
4. If a Cognizable offence has been committed, a Police Officer can investigate without
the Magistrate’s permission.
B. Non-Cognizable Offence
1. A non-cognizable offence or a non-cognizable case has been defined in the Criminal
Procedure Code as an offence for which the police have no authority to arrest without
a warrant.
2. Non-Cognizable offences are those which are less serious in nature. Example-
Assault, Cheating, Forgery, Defamation, etc.
3. Section 155 of CrPc provides that if a police officer receives information regarding
the commission of a non-cognizable offence, he is supposed to enter the substance of
the case in the station diary and refer the informant to approach the concerned
Magistrate.
4. Under a Non-Cognizable offence/case, in order to start the investigation, it is
important for the police officer to obtain the permission from the Magistrate.
Territorial extent, scope and applicability

The Criminal Procedure Code is applicable in the whole of India. The Parliament's power to
legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of
India. But now the Parliament has revoked Article 370 from Jammu and Kashmir. Thus CrPC
is applicable to whole India
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI
thereof, shall not apply-
(a) to the State of Nagaland, (b) to the tribal areas,
However the concerned State Government may, by notification apply any or all of these
provisions in these areas. Moreover, the Supreme Court of India has also ruled that even in
these areas, the authorities are to be governed by the substance of these rules
Bodies function under the Code

1. Supreme Court of India
2. High Courts
3. District and Session Judge and Additional District Judges
4. Judicial Magistrates
5. Executive Magistrates
6. Police
7. Public prosecutors
8. Defence Counsels
9. Correctional services personnel
Bail
The term "bail" under the code though the terms "bailable" and "non-bailable" have
been defined. It has however been defined as bailable “the appearance of the accused person
on giving which he is released pending trial or investigation”
If a person is accused of a non-bailable offence, then it is a matter for the Court to

grant or refuse bail and an application needs to be made in Court to grant bail
.

The Supreme Court of India can and has from time to time made certain bailable
offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of
certain crimes in the society. The State Government has the power to make certain offences
bailable or non-bailable in their respective States.
Section
A section refers to a distinct portion or provision of a legal code or set of laws, often
establishing a particular legal requirement. For example- Section 5 of the Indian Contract
Act.
Clause
A document is usually broken into several numbered components so that specific sections can
be easily located.
An Act means law i,e. any law is made on any particular matter by the parliament or state
legislatures, after making of law that particular matter is regulated by that law. For example,
any crime or violation of rights regarding to property are deals under “The Transfer of
Property act” through which a punishment will be given for violation of rights.
A policy means goals or objectives set by the governments to achieve. For example
when a new government is made, whether union or state they set an objectives to attain
during their ruling tenure. A “Directive Principles of state policy” of the Indian constitution
is one type of objectives for the union and state governments , it tells that a government will
work to achieve that goals.
Acts once made are binding in people or governments whereas policy is not binding on
governments to achieve that objectives.
Forest law: Forestry laws govern activities in designated forest lands, most commonly with
respect to forest management and timber harvesting.
This Law shall regulate forest conservation, protection, planning, silviculture, utilisation and
management of forests and forest lands, the supervision of the implementation of this Law, as
well as other issues significant for forests and forest lands.
Purpose of the Forest Laws: This Law shall ensure the conditions for sustainable
management of forests and forest lands as goods of public interest, in a manner and to an
extent which conserves and enhances their productivity, biological diversity, ability to
regenerate and vitality, and increases their potential for the mitigation of climate change and
their economic, ecologic and social functions, without inflicting damage to the surrounding
ecosystems.

Forest law: Forestry laws govern activities in designated forest lands, most commonly with
respect to forest management and timber harvesting.
This Law shall regulate forest conservation, protection, planning, silviculture, utilisation and
management of forests and forest lands, the supervision of the implementation of this Law, as
well as other issues significant for forests and forest lands.
Purpose of the Forest Laws: This Law shall ensure the conditions for sustainable
management of forests and forest lands as goods of public interest, in a manner and to an
extent which conserves and enhances their productivity, biological diversity, ability to
regenerate and vitality, and increases their potential for the mitigation of climate change and
their economic, ecologic and social functions, without inflicting damage to the surrounding
ecosystems.
Forest Concession. A temporary (or terminable) and defined facility involving the use of a
forest or its produce, sanctioned by the owner of a forest to individuals or communities
History of Forest Management in India

EVOLUTION OF FOREST POLICIES IN INDIA
Ancient Indian texts like Arthasastra, Sathapatha Bhramanas, Vedas, Manusmrti, Brhat-
Samhita, Ramayana, Mahabharata, Rajtarangini reflected the concepts of forest conservation
in a sustainable manner. In the Bhagavad Gita, Krishna compares the world to a single
banyan tree with unlimited branches in which all the species of animals, humans and
demigods, which reflects the concept of community ecology. It was also belived that
sacredgroves (Tapovana) of India were rich in biodiversity and ecological wealth, was
mentioned in many ancient Indian documents like Abhigyan Shakuntalam written
by Kalidasa. They are small packets of forests dedicated to local deities.
In the Indus valley civilization, several characteristics of the city planning and social
structure showed environmental awareness. The presence of leaves, wild animals like
peacocks, deer, tigers, elephants, bulls in the seals and the mud pots can indicate the pattern
of biodiversity in those areas. Large extent of deforestation was taken place during the period.
Reduction of forests in that area was due to use of huge amount of timber-wood for burning
bricks. So rainfall reduced and soil erosion caused deposition of silt in the Indus River which
had choked off Mohenjodaro from the sea, causing a rise in the water table that must have
been a prime factor in the destruction of Mohenjodaro.
Forest Protection:
Kautilya’s Arthasastra: Kautilya, also known as Chanakya, was the minister of Chandragupta
Maurya (321-297 BC), India‟s first emperor. The book Arthasastra written by him revealed
importance was given on the protection and management of forests, gardens, orchards as
these all were considered as sources of revenue, besides being of recreational spots.
Arthasastra demonstrates Kautilya’s perception and concern about the living creatures -
domestic and wild animals, plants and vegetations. Penalties and punishments were specified
for injuring living creatures. Special positions were occupied by directors of forests,
supervisor of animal slaughter, superintendents of cattle, horses, elephants, and pastures.
These officials used to protect wildlife, ensured properations for pet animals, regulated
grazing, prevented poaching of wild animals, ensured proper care of domestic animals etc.
Individuals were supposed to follow norms about their dealing with the domestic animals.
The king is supposed to protect forests, elephant forests, irrigation works and mines that were
made in ancient times and also should start new ones. Forests were considered as a valuable
resource, forest products should be used in a sustainable manner and factories for goods made
from forest products was started. As Kautilya mentioned in Arthasastra for cutting any
part of a tree, fines of variable amounts were imposed on the offender depending on the types
of injury. Emphasis was given particularly on those which bear fruits, flowers or provide
shades. Among material forests, one which was large, full of resource, accessible and
watered by a river was given more importance, because it could be a shelter in time of
trouble. The environmental issues described in Arthasastra are very much relevant in modern
society.
In 1972, the conference on human environment in Stockholm mentioned about

some principles which were very much similar to the edicts of Arthasastra. Even in India,
some ofthe environmental laws like Water (prevention and control of pollution) Act 1974, The
Forest Conservation Act 1980 and The Wildlife (Protection) Act 1972 show amazing
similarity with forms and contents of Arthasastra
During British period

Timber resources in India were declining rapidly under the pressures of the high timber
demand in the British Empire, local use, the rapid expansion of colonial agriculture and the
associated loss of forestry cover in India during the first half of the 19th century.
An important turning point in the history of Indian forestry was the construction of a railway
network after 1850. The network of tracks increased from only 32 kilometres in 1853 to over
51,650 kilometres in 1910. Indian trees, particular sal (Shorea robusta), deodar cedar (Cedrus
deodara), and teak (Tectona grandis) were much used as sleepers, because of their strength
and perceived resistance against rotting. Already severely depleted by the clearance of forests
for commercial purposes earlier in the century, India experienced a resource crunch, and the
authorities realised that the intensive extraction of timber could not be sustained indefinitely.
In order to secure a continuous flow of timber the forests had to be brought under control
using a management regime that would protect the forests and perpetuate the production of
timber.
In 1874, in an address to the Royal Scottish Arboricultural Society, Hugh Cleghorn, the first
Inspector General of Forests in India, told his audience that “the government in India
began to be seriously embarrassed by the scarcity of timber; its attention was directed
to the management of the indigenous forests”. A second reason why the authorities
became increasingly alarmed about the rate of forest clearing was the combined impact of
imperialism and local overexploitation of the forests in tropical landscapes. They believed
that deforestation caused desiccation, a drying out of the land surface, resulting in a decline in
rainfall, flash floods, soil degradation, and silting up of rivers. For example, the First
Conservators of Forests in India, Dr Gibson in Bombay and Dr Cleghorn in Madras,
warned in the 1840s and 1850s about the increasing devastation of forests and the resulting
silting up of rivers.
Alarmed by these developments, Lord Dalhousie, Governor-General of India at the time,
published a paper in which he laid down the first outline of an India-wide forest policy,
including the establishment of a Forestry Service, in 1854. Two years after the forest policy
paper, in 1856, Dietrich Brandis, a German Botanist and forester, was appointed
Superintendent of Forests in Burma. Brandis is widely regarded as the Founder of Modern
Forestry In India, a fact that was gratefully acknowledged by Indian Government officials:
…the man to whom…must be accorded the proud title of the father of Indian forestry,
is Dr Brandis...
It was Brandis who First introduced Practical Scientific Forestry in India by carrying out
systematic surveys and drawing up management plans based on growth statistics. The
objective of this scientific method was to measure the annual growth of tree stands and to
evaluate how much timber could be extracted annually without compromising the future
productivity of the forest.
The British authorities were so impressed by Brandis’ work that he was appointed as the First
Inspector General of Forests in India, a post he had to share with Scottish botanist Hugh

Cleghorn, when the Indian Forestry Service was established in 1864. Brandis’ biggest
challenge was to achieve full state control over the forests, an aim that facilitated the
development of scientific forestry in India. The creation of forestry plantations was therefore
less important, although a considerable number of teak plantations, especially in Burma, were
created in places were formerly no forests existed.
However, there was a second factor that produced a brand of forestry slightly different from
the original German type. Brandis had recommended to constitute village forests of the
kind which existed in Germany and France. The local villagers would manage the forests
attached to their villages, although control would not be entirely left to the communities in
order to protect and preserve the productivity of the forests. The idea was that village forests
would supply produce, such as fire wood and construction material, to the inhabitants of the
attached village. However, the colonial government in India saw forest villages as
interference with the main objectives of the state forests to secure timber supply and to make
a profit.
This resulted in a policy to restrict access of the local population to the forests they had
previously used as common land.
Dehra Dun and Coopers Hill
The successful dissemination of scientific forestry in India and beyond was to a large extent
the result of the establishment of a forestry school on the subcontinent. Colonel Frederic
Bailey of the Royal Engineers, who had headed the Indian Forest Survey, established a
forestry school at Dehra Dun and became its first director in 1878.
The main objective of the school was to prepare Indians for the executive charge of state
forests and it was organised along the lines of the German forestry schools and included two
theoretical exams in forestry theory, engineering and management and a two year practical.
owever, since the Dehra Dun school was initially only intended for Indian forestry officials,
students for higher offices in the forestry service continued to be send to Germany and France
for their training. In order to bring the education of foresters entirely under British
supervision, the leaders of the Indian Forestry Service, Brandis, Schlich and Ribbentrop
pressed for the establishment of a forestry school for the training of senior forestry officers in
Britain. When Schlich left the Indian Forestry Service in 1885, he returned to Britain and
established a forestry training college at the School of Military Engineering at Coopers Hill.
Another advocate of forestry education in Scotland was Colonel F. Bailey, the First director
of the Indian Forestry School in Dehra Dun.
Brandis, Cleghorn and Bailey had all been high ranking officers in the Indian Forestry
Service and therefor the most visible. However, after about 1870 foresters who had served in
India returned to Britain bringing back the new ideas of scientific forestry which they
disseminated further as they continued to work in forestry in Britain. Forbes described this
process in his book The Development of British Forestry published in 1910:
Beginning of forest policy:

The British administration remained indifferent towards the problem of forestry in the early
years of their rule. They, themselves, were new to ideas of systematic forestry as they had no
developed forest organisation then in England. Reckless exploitation of forests had continued
and they were under the impression that the forest wealth of India was inexhaustible. The
policy to expand agriculture at the cost of forests continued during this period. In 1854,
McClelland, the then Superintendent of Forests in Burma submitted a report to the
Government of India suggesting certain restrictions on the unchecked exploitation of forests
by private parties. Based on this, on 3 August 1855, Lord Dalhousie, Governor General,
promulgated for the first time an outline for forest conservancy by the issue of a
“Memorandum of the Government of India.”This is termed as the “Charter of the Indian
Forests.”
Framing of Forest act/policy in British India

Background
Revenue considerations were the guiding factors for the British, for imposing control over the
forests in India. In the early years of British rule in India. In 1807 the East India Company
issued a proclamation asserting sovereignty over the forests of India and forbidding felling of
timber by private individuals. This proclamation enabled the Conservator to establish a
timber monopoly throughout Malabar and Travancor. The colonial rulers did not give
much regard to the forest wealth of our country. But this attitude changed with the end of the
eighteenth century when the shortage of oak trees was increasingly felt in England. In 1855,
Lord Delhousie, the then Governor General had promulgated for the first time an outline of
forest conservancy for the whole of India, declaring monopoly rights over timber standing on
state Forest.
While the forest legislations were taking shape in the 1860s, not all provincial states were in
support of the British government’s idea of declaring forests as a reserve or protected forests.

For bringing forest under proper management. The need for a separate enactment was felt.
Accordingly, the Government Forest Act 1865 was enacted.
Indian Forest Act of 1865

This Act was only an enabling one and it empowered the local governments to make rules for
the preservation of flora, forest produce and streams within government forests and to
prescribe punishments for infringement of those rules. In 1864 a separate Forest Department
was established in Calcutta. The forest act was enacted in 1865 and the forest department was
established. This act had 19 sections.
The main purpose of this act was to facilitate the acquisition of the Indian forest areas to
supply timber for railways and to establish the claim of the state on the forest land.
But,
The Act did NOT have provisions to protect the existing rights of the people living in the
forests. Basically this Act was meant to regulate forest exploitation, and the management and
preservation of forest resources. Soon, it was found that the provisions of the Act were not
effective as it lacked deterrent punishment and gave only meager powers to the forest
officers.
In fact, all provisions of the 1865 Act were found to be defective, except Section 8, which
according to Baden-Powell, chief architect of the 1878 Act, "gives the one satisfactory power
in the Act, and must be maintained in the new law; arrest without warrant is absolutely
essential"
As Brandis put it, "Act VII of 1865 is incomplete in many respects – the most important
omission being the absence of all provisions regarding the definition, regulation,
commutation and extinction of customary rights.
Indian Forest Act 1878

The 1878 Act was a comprehensive document. Compared to the previous legislation the new
Act was entirely different in form and content. The 1878 Act had 83 Sections, divided into 14
Chapters and a Preamble.
The 1878 Act, establishment of absolute state property rights and so a firm settlement
between the state and its subjects over their respective rights in the forests represented the
chief concern. As Brandis put it, "Act VII of 1865 is incomplete in many respects – the most
important omission being the absence of all provisions regarding the definition, regulation,

commutation and extinction of customary rights. Thus, the establishment of state property
and the separation of customary rights became primary objectives of the 1878 Act.
The classification of forests: into
1. In reserved forests (Chapter II):- lands were the absolute property of the
government.
2. In protected forests (Chapter IV):- although lands were the property of the
government, the use-rights of the villagers remained.
3. In village forests (Chapter III):- the government held only the rights of
management. Village forests consisted of residual wastelands with negligible forest
department control.
The procedure for forest settlement in these, and above classification were the twin features.
The demarcation, an inherent feature of the definition of forests, is based purely on
administrative grounds. However, commerce was the guiding principle.
The reserved/protected classification was guided by the goal of profit from timber. In village
forests, profit was absent. To begin with only areas needed for national requirements and for
export to England were designated as reserved. However, it was not possible to assess these
needs immediately. With time, the area under reserved forests increased. Protected forests
were designated with the goal of converting them into reserved forests. Such conversion took
place as the demand for forest resources increased. There were 14,000 square miles of state
forests in 1878. This increased to 56,000 square miles of reserved forests and 20,000 square
miles of protected forests in 1890 and to 81,400 and 8,300 square miles respectively in 1900.
The several amendments to the 1878 Act and the ambiguous language used necessitated a
single piece of legislation that would do away with ambivalence.
In native states like Travancore and Cochin laws passed by native rulers even before the
enactment of the Government Forest Act 1865 continued to be in force. When the Indian
Forest Act 1878 was in force in certain territories of the Madras Presidency sought to
legislate locally by enacting the Madras Forest Act 1882. Since Malabar was part of the
Madras Presidency, the Madras Forest Act 1882 was in force in Malabar area.
In 1894 the Government of India issued a Circular stating its policy of preservation and
protection of forest. It was at the time, Voelekar, Superintendent of Forests, submitted a
report to the Government on “Improvement of Indian Agriculture”. On the basis of these
recommendations, the Government of India declared the forest policy on 19 October 1894.
Prior to the advent of this policy, there was NO uniform system for the management of the
forests which were mostly the properties of the Princely States, nawabs and zamindars.
In it, he stressed the need for formulating a forest policy with a definite objective of serving
agricultural interests.
The policy recognised four categories of forest –
1. Commercial forests: Forest which afforded a supply of valuable timber for.
2. Preservation Forests: the of which was essential on climatic or physical grounds, minor
forest
and pasture land
3. Protection afforded to valuable timber yielding forest was on revenue consideration.
4. In order to prevent the devastating action of hill torrents. vegetation on the hill slopes was
to be protected.
Collection of fuel and forest produce was to be controlled by the Goverment in order to
prevent over exploitation of forest and to avoid clashes between the people in the use of
forest resources. The Government's forest policy was limited to achieve these objects.
The Devolution Act of 1920 slightly enhanced the powers of the local Government over the
subject forest. The Devolution Rules framed in the same year under the Government of India
Act 1919 gave legislative power over the subject ‘forest’ to the provinces. However, that
power was not an absolute one. Provincial legislature could make law on forests including
preservation of game, buildings and works executed by the Forest Department whereas the
Central legislature retained the legislative powers as regards deforestation of reserved forests.
So the Indian Forest Act 1878 continued in force in those territories in which it was in
application.
In 1926 the Royal Commission recommended the utilisation of forest for permanent
cultivation and for the construction of irrigation works. The object of the Britishers was to
improve the economy through maximum exploitation of forests.
National Forest Policy, 1894

The Forest Policy 1894, the first formal policy in India gave much importance to commercial
exploitation of forest products, state custodianship and permanent cultivation. This policy is primarily
based on Dr. Voelcker's recommendations given in a report on 'Improvement of Indian Agriculture',
1893. Through this policy the British Administration encouraged the Zamindars to convert the open
forests into agricultural land for enhancing the revenue earning of the state. Forests are treated as a

source of revenue to the state and not to meet the needs of the people. In this policy, the forests were
divided into four classes. The first class generally situated in hill slopes and essential to protect the
cultivated plains from landslides and they played a conservation role for the benefit of cultivated
plains and assured revenue to the state. The second class of forests consisted of valuable timber trees
like devadharu (Cedrus deodara), sal (Shorea robusta) and teak (Tectona grandis), and due to
commercial interest natural regeneration of devadharu and sal are promoted and artificial regeneration
of teak was developed. The third class of forests as per the classification under this policy meant for
minor forests, which yields low quality timber, fuelwood and fodder and for meeting the demands of
local people. Finally, the fourth class covered the pastures and grazing lands, the local people were
allowed to use them with restrictions.
THE INDIAN FOREST ACT, 1927
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
1. Short title and extent
2. Interpretation clause
CHAPTER II
OF RESERVED FORESTS
3. Power to reserve forests
4. Notification by State Government
5. Bar of accrual of forest-rights
6. Proclamation by Forest Settlement-officer
7. Inquiry-by Forest Settlement-officer
8. Powers of Forest Settlement-officers
9. Extinction of rights
10. Treatment of claims relating to practice of shifting cultivation
11. Power to acquire land over which right is claimed
12. Order on claims to rights of pasture or to forest-produce
13. Record to be made by Forest Settlement-officer
14. Record where he admits claim
15. Exercise of rights admitted
16. Commutation of rights
17. Appeal from order passed under section 11, section 12, section 15 or section 16
18. Appeal under section 17
19. Pleaders
20. Notification declaring forest reserved
21. Publication of translation of such notification in neighbourhood of forest
22. Power to revise arrangement made under section 15 or section 18
23. No right acquired over reserved forest, except as here provided
24. Rights not to be alienated without sanction
25. Power to stop ways and water-courses in reserved forests
26. Acts prohibited in such forests
27. Power to declare forest no longer reserved
CHAPTER III
OF VILLAGE-FORESTS
28. Formation of village-forests
CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests
30. Power to issue notification reserving trees, etc.
31. Publication of translation of such notification in neighbourhood
32. Power to make rules for protected forests
33. Penalties for acts in contravention under section 30 or of rules under section 32
34. Nothing in this Chapter to prohibit acts done in certain cases
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY
GOVERNMENT
35. Protection of forests for special purposes
36. Power to assume management of forests
37. Expropriation of forests in certain cases
38. Protection of forests at request of owners
CHAPTER VI
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty' on timber and other forest-produce
40. Limit not to apply to purchase-money or royalty
CHAPTER VII
OF THE CONTROL OF TIMBER AND OTHER OOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce
41A. Powers of Central Government as to movements of timber across customs
frontiers
42. Penalty for breach of rules made under section 41
43. Government and Forest-officers not liable for damage to forest-produce at depot
44. All persons bound to aid in case of accidents at depot.
CHAPTER VIII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto
proved, and may be collected accordingly
46. Notice to claimants of drift timber
47. Procedure on claim preferred to such timber
48. Disposal of unclaimed timber
49. Government and its officers not liable for damage to such timber
50. Payments to be made by claimant before timber is delivered to him
51. Power to make rules and prescribe penalties
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation
53. Power to release property seized under section 52
54. Procedure thereupon
55. Forest-produce, tools, etc., when liable to confiscation
56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it
was committed
57. Procedure when offender not known, or cannot be found
58. Procedure as to perishable property seized under section 52
59. Appeal from orders under section 55, section 56 or section 57
60. Property when to vest in Government
61. Saving of power to release property seized
62. Punishment for wrongful seizure
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering
boundary marks
64. Power to arrest without wan-ant
65. Power to release on a bond a person arrested
66. Power to prevent commission of offence
67. Power to try offences summarily
68. Power to compound offences
69. Presumption that forest-produce belongs to Government
CHAPTER X
CATTLE-TRESPASS
70. Cattle-trespass Act, 187 1, to apply
71. Power to alter fines fixed under that Act
CHAPTER XI
OF FOREST-OFFICERS
72. State Government may invest Forest-officers with certain powers
73. Forest-officers deemed public servants
74. Indemnity for acts done in good faith
75. Forest-officers not to trade
CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules
77. Penalties for breach of rules
78. Rules when to have force of law
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers
80. Management of forests the joint property of Government and other persons
81. Failure to perform service for which a share in produce of Government forest is
employed
82. Recovery of money due to Government
83. Lien on forest-produce for such money
84. Land required under this Act to be deemed to be needed for a public purpose
under the
Land Acquisition Act, 1894
85. Recovery of penalties due under bond
85A. Saving for rights of Central Government
86. [Repealed.]
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
Section 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 force in the whole or any specified part of that State
which this Act extends and where it is not in force.
Section 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 the State Government or any office
empowered by 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 m thereunder to be
done by a Forest-officer;
(3) “forest-offence” means an offence punishable under this Actor under any rule made
thereunder;

(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,[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
CHAPTER II
OF RESERVED FORESTS
Section 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.
Section 4. Notification by State Government. –

Sub section (1) Whenever it has been decided to constitute any land a reserved forest, the
State Government shall issue a notification in the Official Gazette–
Clauses:-
(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.
Sub section (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.
Sub section (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.
Section 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.
Section 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
Clause (a) specifying, as nearly as possible, the situation and limits of the proposed
forest;
Clause (b) explaining the consequences which, as hereinafter provided, will ensue on
the reservation of such forest; and
Clause (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
compensation (if any) claimed in respect thereof.
Section 7. Inquiry by Forest Settlement-officer
The Forest Settlement-officer shall take down in writing all statements made under section 6,
and shall at some convenient place inquire into all claims duly preferred under that section,
and the existence of any rights mentioned in section 4 or section 5 and not claimed under
section 6 so far as the same may be ascertainable from the records of Government and the
evidence of any persons likely to be acquainted with the same.
Section 8. Powers of Forest Settlement-officers
For the purpose of such inquiry, the Forest Settlement-officer may exercise the following
powers, that is to say:
Clause (a) power to enter, by himself or any officer authorised by him for the purpose, upon
any land, and to survey, demarcate and make a map of the same; and
Clause (b) the powers of a Civil Court in the trial of suits.
Section 9. Extinction of rights
Rights in respect of which no claim has been preferred under section 6, and of the existence
of which no knowledge has been acquired by inquiry under section 7, shall be extinguished,
unless before the notification under section 20 is published, the person claiming them
satisfies the Forest Settlement-officer that he had sufficient cause for not prefer-ring such
claim within the period fixed under section 6.
Section 10 Treatment of claims relating to practice of shifting cultivation

Sub section (1) In the case of a claim relating to the practice of shifting cultivation, the
Forest Settlement-officer shall record a statement setting forth the particulars of the claim and
of any local rule or order under which the practice is allowed or regulated, and submit the
statement to the State Government, together with his opinion as to whether the practice
should be permitted or prohibited wholly or in part.
Sub section (2) On receipt of the statement and opinion, the State Government may make an
order permitting or prohibiting the practice wholly or in part.
Sub section (3) If such practice is permitted wholly or in part, the Forest Settlement-officer
may arrange for its exercise
Clause (a) by altering the limits of the land under settlement so as to exclude land of
sufficient extent, of a suitable kind, and in a locality reasonably convenient for the
purposes of the claimants, or
Clause (b) by causing certain portions of the land under settlement to be separately
demarcated, and giving permission to the claimants to practise shifting cultivation
therein under such conditions as he may prescribe.
Sub section (4) All arrangements made under sub-section (3) shall be subject to the previous
sanction of the State Government.
Sub section (5) The practice of shifting cultivation shall in all cases be deemed a privilege
subject to control, restriction and abolition by the State Government.
Section 11 Power to acquire land over which right is claimed.–
Sub section (1) In the case of a claim to a right in or over any land, other than a right of way
or right of pasture, or a right to forest produce or a water-course, the Forest Settlement-officer
shall pass an order admitting or rejecting the same in whole or in part.
Sub section (2) If such claim is admitted in whole or in part, the Forest Settlement-officer
shall either
Sub-clause (i) exclude such land- from the limits of the proposed forest; or
Sub-clause (ii) come to an agreement with the owner thereof for the surrender of his
rights;
Sub-clause (iii) proceed to acquire such land in the manner provided by the Land
Acquisition Act, 1894 (1 of 1894).
Sub section (3) For the purpose of so acquiring such land
(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 the Court, with the consent of both
parties, may award compensation in land, or partly in land and partly in money.
Section 12 Order on claims to rights of pasture or to forest-produce
In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer

shall pass an order admitting or rejecting the same in whole or in part.
Section 13. Record to be made by Forest Settlement-officer
The Forest Settlement officer, when passing any order under section 12, shall record, so far as
may be practicable,–
Clause (a) the name, father’s name, caste, residence and occupation of the person claiming
the right;
Clause (b) the designation, position and area of all fields or groups fields (if any), and the
designation and position of all buildings (if any) in respect of which the exercise of such
rights is claimed.
Section 14 Record where he admits claim

If the Forest Settlement-officer admits in whole or in part any claim under section 12, he shall
also record the extent to which the claim is so admitted, specifying the number and
description of the cattle which the claimant is from time to time entitled to graze in the forest,
the season during which such pasture is permitted, the quantity of timber and other forest
produce which he is from time to time authorised to take or receive, and such other
particulars as the case may require. He shall also record whether the timber or other forest-
produce obtained by the exercise of the rights claimed may be sold or bartered.
Section 15 Exercise of rights admitted
Sub section (1) After making such record the Forest Settlement officer shall, to the best of
his ability, having due regard to the maintenance of the reserved forest in respect of which the
claim is made, pass such orders as will ensure the continued exercise of the rights so
admitted.
Sub section (2) For this purpose the Forest Settlement-officer may
Clause (a) set out some other forest-tract of sufficient extent, and in a locality
reasonably convenient, for the purposes of such claimants, and record an order
conferring upon them a right of pasture or to forest-produce (as the case may be) to the
extent so admitted; or
Clause (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
Clause (c) record an order, continuing to such claimants a right of pasture or to forest-
overpage produce, as the case may be, to the e tent so admitted, at such seasons, within
such portions of the proposed forest, and under such rules, as may be made in this behalf
by the State Government.
Section 16. Commutation of rights
In case the Forest Settlement-officer finds it impossible having due

regard to the maintenance of the reserved forest, to make such settlement under section 15 as
shall ensure the continued exercise of the said rights to the extent so admitted, he shall,
subject to such rules as the State Government may make in this behalf, commute such rights,
by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or
in such other manner as he thinks fit.
Section 17. Appeal from order passed under section 11, section 12, section 15 or section
16.
–Any person who has made a claim under this Act, or any Forest-officer or other person
generally or specially empowered by the State Government in this behalf, may, within three
months from the date of the order passed on such claim by the Forest Settlement-officer
under section 11, section 12, section 15 or section 16, present an appeal from such order to
such officer of the Revenue Department of rank not lower than that of a Collector, as the
State Government may, by notification in the Official Gazette, appoint to hear appeals from
such orders:
Provided that the State Government may establish a Court (hereinafter called the Forest
Court) composed of three persons to be appointed by the State Government, and when the
Forest Court has been so established, all such appeals shall be presented to it.
Section 18. Appeal under section 17
Sub section (1) Every appeal under section 17 shall be made by petition in
writing, and may be delivered to the Forest Settlement-officer, who shall forward it without
delay to the authority competent to hear the same.
Sub section (2) If the appeal be to an officer appointed under section 17, it shall be heard in
the manner prescribed for the time being for the hearing of appeals in matters relating to land-
revenue.
Sub section (3) If the appeal be to the Forest Court, the Court shall fix a day and a
convenient place in the neighbourhood of the proposed forest for hearing the appeal, and
shall give notice thereof to the parties, and shall hear such appeal accordingly.
Sub section (4) The order passed on the appeal by such officer or Court, or by the majority of
the members of such Court, as the case may be, shall, subject only to revision by the State
Government, be final.
Section 19. Pleaders
The State Government, or any person who has made a claim under this Act, may
appoint any person to appear, plead and act on its or his behalf before the Forest Settlement-
officer, or the appellate officer or Court, in the course of any inquiry or appeal under this Act.
Section 20. Notification declaring forest reserved.–
Sub section (1) When the following events have occurred, namely:–
Clause (a) the period fixed under section 6 for preferring claims have elapsed and all claims
(if any) made under that section or section 9 have been disposed of by the Forest Settlement-
officer;

Clause (b) if any such claims have been made, the period limited by section 17 for appealing
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 officer or Court; and
Clause (c) all 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 Government under section 16 of that Act, the
State Government shall publish a notification in the Official Gazette, specifying definitely,
according to boundary-marks erected or otherwise, the limits of the forest which is to be
reserved, and declaring the same to be reserved from a date fixed by the notification.
Sub section (2) From the date so fixed such forest shall be deemed to be a reserved forest.
Section 21. Publication of translation of such notification in neighbourhood of forest.

–The Forest-officer shall, before the date fixed by such notification, cause a translation
thereof into the local vernacular to be published in every town and village in the
neighbourhood of the forest.
Section 22. Power to revise arrangement made under section 15 or section 18
–The State Government may, within five years from the publication of any notification under
section 20, revise any arrangement made under section 15 or section 18, and may for this
purpose rescind or modify any order made under section 15 or section 18, and direct that any
one of the proceedings specified in section 15 be taken in lieu of any other of such
proceedings, or that the rights admitted under section 12 be commuted under section 16.
Section 23. No right acquired over reserved forest, except as here provided.
No right of any description shall be acquired in or over a reserved forest except by succession
or under a grant or contract in writing made by or on behalf of the Government or some
person in whom such right was vested when the notification under section 20 was issued.
24. Rights not to be alienated without sanction
Sub section (1) Not withstanding anything contained in section 23, no right continued under
clause (c) of sub-section (2) of section 15 shall be alienated by way of grant, sale, lease
mortgage or otherwise, without the sanction of the State Government: Provided that, when
any such right is appendant to any land or house, it may be sold or otherwise alienated with
such land or house.
Sub section (2) No timber or other forest-produce obtained in exercise of any such right shall
be sold or bartered except to such extent as may have been admitted in the order recorded
under section 14.
Section 25. Power to stop ways and water-courses in reserved forests

The Forest-officer may, with the previous sanction of the State Government or of any officer
duly authorised by it in this behalf, stop any public or private way or water-course in a
reserved forest, provided that a substitute for the way or water-course so stopped, which the

State Government deems to be reasonably convenient, already exists, or has been provided or
constructed by the Forest-officer in lieu thereof.
Section 26. Acts prohibited in such forests.

Sub section (1) Any person who–
Clauses:
(a) makes any fresh clearing prohibited by section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the State
Government in this behalf, kindles any fire, or leaves any fire burning, in such manner as
to endanger such a forest; or who, in a reserved forest–
(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may
notify in this behalf,
(d) trespasses or pastures cattle, or permits cattle to trespass;

(e) causes any damage by negligence in felling any tree or cutting or dragging any
timber;
(f) fells, girdles, lops, or bums any tree or strips off the bark or leaves from, or otherwise
damages, the same;
(g) quarries stone, bums lime or charcoal, or collects, subjects to any manufacturing
process, or removes, any forest-produce;
(h) clears or breaks up any land for cultivation or any other purpose;
(i) in contravention of any rules made in this behalf by the State Government hunts,
shoots,
fishes, poisons water or sets traps or snares; or
(j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in
force, kills or catches elephants in contravention of any rules so made, 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, in addition to such
compensation for damage done to the forest as the convicting Court may direct to be
paid.
Sub section (2) Nothing in this section shall be deemed to prohibit

Clause (a) any act done by permission in writing of the Forest-officer, or under any rule
made by the state Government; or
Clause (b) the exercise of any right continued under clause (c) of sub-section (2) of
section 15, or created by grant or contract in writing made by or on behalf of the
Government under section 23.
Sub section (3) Whenever fire is caused wilfully or by gross negligence in a reserved forest,
the State Government may (notwithstanding that any penalty has been inflicted under this
section) direct that in such forest or any portion there of the exercise of all rights of pasture or
to forest produce shall be suspended for such period as it thinks fit.

Section 27. Power to declare forest no longer reserved.
Sub section (1) The State Government may, By notification in the Official Gazette, direct
that, from a date fixed by such notification, any forest or any portion thereof reserved under
the Act shall cease to be a reserved forest.
Sub section (2) From the date so fixed, such forest or portion shall cease to be reserved; but
the rights (if any) which have been extinguished therein shall not revive in consequence of
such cessation.
Chapter III
OF VILLAGE-FORESTS
Section 28. Formation of village-forests.-
Sub section (1) The State Government may assign to any village-community the rights of
Government to or over any land which has been constituted a reserved forest, and may cancel
such assignment. All forests so assigned shall be called village-forests.
Sub section (2) The State Government may make rules for regulating the management of
village forests, prescribing the conditions under which the community to which any such
assignment is made may be provided with timber or other forest-produce or pasture, and their
duties for the protection and improvement of such forest.
Sub section (3) All the provisions of this Act relating to reserved forests shall (so far as they
are not inconsistent with the rules so made) apply to village-forests.
CHAPTER IV
OF PROTECTED FORESTS
Section 29. Protected forests

Sub section (1) The State Government may, by notification in the Official Gazette, declare
the provisions of this Chapter applicable to any forest-land or waste-land which,, is not
included in a reserved forest but 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.
Sub section (2) The forest-land and waste-lands comprised in any such notification shall be called a
“protected forest”.
Sub section (3) No such notification shall be made unless the nature and extent of the rights
of Government and of private persons in or over the forest-land or waste-land comprised
therein have been inquired into and recorded at a survey or settlement, or in such other
manner as the State Government thinks sufficient. Every such record shall be presumed to be
correct until the contrary is proved:
Section 30. Power to issue notification reserving trees, etc.
–The State Government may, by notification in the Official Gazette,
Clause (a) declare any trees or class of trees in a protected forest to be reserved from a date
fixed by, the notification;
Clause (b) declare that any portion of such forest specified in the notification shall be closed
for such term, rot exceeding thirty years, as the State Government thinks fit, and that the
rights of
private persons, if any, over such portion shall be suspended during such terms, provided that
the remainder of such forest be sufficient, and in a locality reasonably convenient, for the
due exercise of the right suspended in the portion so closed; or
Clause (c) prohibit, from a date fixed 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.
31. Publication of translation of such notification in neighbourhood.

–The Collector shall cause a translation into the local vernacular of every notification issued
under section 30 to be affixed in a conspicuous place in every town and village in the
neighbourhood of the forest comprised in the notification.
Section 32. Power to make rules for protected forests.–
The State Government may make rules to regulate the following matters, namely:
Clauses:
(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 felling or removing trees or timber or other forest-
produce
from such forests for the purposes of trade, and the production
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
produce,
and the places where such payment shall be made;
(f) the examination of forest-produce passing out of such forests;

(g) the 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
30;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests and
the
killing or catching of elephants in such forests in areas in which the Elephants’ Preservation
Act, 1879 (6 of 1879), is not in force;
(k) the protection and management of any portion of a forest closed under section 30; and
(l) the exercise of rights referred to in section 29.
Section 33. Penalties for acts in contravention of notification under section 30 or of

rules under section 32.
Sub section (1) Any person who commits any of the following offences, namely:–
Clauses:
(a) fells, girdles, lops, taps or bums any tree reserved under section 30, or strips off the bark
or
leaves from, or otherwise damages, any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or bums any lime or
charcoal or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any
other
purpose any land in any protected forest;.
(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 30, whether standing fallen or felled, or to
say closed portion of such forest;
(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;
(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to damage any such tree;
(h) infringes any rule made under section 32,
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.
Sub section (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the
State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be
suspended for such period as it thinks fit.
Section 34. Nothing in this Chapter to prohibit acts done in certain cases
Nothing in this Chapter shall be deemed to prohibit any act done with the permission in
writing of the Forest-officer, or in accordance with rules made under section 32, or, except as
regards any portion of a forest closed under section 30, or as regards any rights the exercise
of which has been suspended under section 33, in the exercise of any right recorded under
section 29.
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING
THE PROPERTY OF GOVERNMENT
Section 35. Protection of forests for special purposes.
Sub section (1) The State Government may, by notification in the Official Gazette, regulate
or prohibit in any forest or waste-land
Clauses:
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary for any of the following purposes:–
Sub clauses:
(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 of hilly tracts,
the
prevention of land slips 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 a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
Sub section (2) The State Government may, for any such purpose, construct at its own
expense, in or upon any forest or waste-land, such work as it thinks fit.
Sub section (3) No notification shall be made under sub-’section (1) nor shall any work be
begun 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 made or work constructed, 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 an officer duly appointed in that behalf and have been considered by the State
Government.
Section 36. Power to assume management of forests.
Sub section (1) In case of neglect of, or wilful disobedience to, any regulation or prohibition
under section 35, or if the purposes of any work to be-constructed under that section so
require, the State Government may, after notice in writing to the owner of such forest or land
and after considering his objections, if any, place the same under the control of a Forest-
officer, and may declare that all or any of the provisions of this Act relating to reserved
forests shall apply to such forest or land.
Sub section (2) The net profits, if any, arising from the management of such forest or land
shall be paid to the said owner.

Section 37. Expropriation of forests in certain cases.
Sub section (1) In any case under this Chapter in which the State Government considers that,
in lieu of placing the forest or land under the control of a Forest-Officer, the same should be
acquired for public purposes, the State 3overnment may proceed to acquire it in the manner
provided by the Land Acquisition Act, 1894 (1 of 1894).
Sub section (2) The owner of any forest or land comprised in any notification under section
35 may, t any time not less than three or more than twelve years from the date thereof, require
that such forest or land shall be acquired for public purposes, and the State Government shall
require such forest or land accordingly.
Section 38. Protection of forests at request of owners.–
Sub section (1) The owner of any land or, if there more than one owner thereof, the owners
of shares therein amounting in the aggregate at least two-thirds thereof may, with a view to
the formation or conservation of forests thereon, represent in writing to the Collector their
desire
Clause (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
Clause (b) that all or any of the provisions of this Act be applied to such land.
Sub section (2) In either case,-the State Government may, by notification in the Official
Gazette, apply to such land such provisions of this Act as it thinks suitable to the
circumstances thereof and as may be desired by the applicants.
CHAPTER V1
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
Section 39. Power to impose duty on timber and other forest-produce.—

(1) The [Central Government] may levy a duty in such manner, at such places and at such
rates as it may declare by notification in the Official Gazette on all timber or other forest-
produce
(a) which is produced in [the territories to which this Act extends], and in respect of which
the
Government has any right; (b) which is brought from any place outside [the territories to
which this Act extends].
(2) In every case in which such duty is directed to be levied ad valorem the [Central
Government] may fix by like notification the value on which such duty shall be assessed.
(3) All duties on timber or other forest-produce which, at the time when this Act comes into
force in any territory, are levied therein under the authority of the State Government, shall be
deemed to be and to have been duty levied under the provisions of this Act.
(4) Notwithstanding anything in this section, the State Government may, until provision to
the
contrary is made by [Parliament], continue to levy any duty which it was lawfully levying
before the commencement of [the Constitution], under this section as then in force:

Section 40. Limit not to apply to purchase-money or royalty
-Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-
money or royalty on any timber or other forest-produce, although the same is levied on such
timber or produce while in transit, in the same manner as duty is levied.
CHAPTER VII
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
Section 41. Power to make rules to regulate transit of forest produce.
Sub section (1) The control of all rivers and their banks as regards the floating of timber, as
well as the control of all timber and other forest-produce in transit by land or water, is vested
in the State Government, and it may make rules to regulate the transit of all timber and other
forest-produce.
Sub section (2) In particular and without prejudice to the generality of the foregoing power
such rules may
Clauses:
(a) prescribe the routes by which alone timber or other forest-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 produce without a pass
from
an officer duly authorised to issue the same, or 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;
DRAWBACKS OF THE INDIAN FOREST ACT, 1927
A deep investigation of the act reveals that the act never aimed to protect the vegetation cover
of India but was passed to-:
1)- Regulate the cutting of trees
2)- Earn revenue from the cutting of the trees and from the forest produce.
Moreover, it also deprived the nomads and the tribal people of their age old rights and
privileges to use the forests and forests produce. It mainly aimed at supplying raw material
for forest based industries. Forest was accepted as a significant factor in eco-balance and
environmental preservation. It is necessary to point out here that revenue oriented attitude
towards the forest has continued even after independence. Therefore, this act of 1927 failed
miserably to protect the forest from unscientific and unplanned exploitation.
The Act of 1927 also denied common ownership or occupancy rights or property rights to the
occupants of land/tribal. These forest dwellers living there for generations were not given any
right over the forest land and forest produce. Rather Forests were declared to be the property

of the government and in case of disputes the Forest settlement officer has all the right to
decide
the claim.
.

(2nd forest policy; 1st FP after independency)
Published vide Notification No. 13/52-F, New Delhi, dated 12th May, 1952
1. In their resolution No. 22-F, dated the 19th October, 1894, the Government of India in the late
Department of Revenue and Agriculture enunciated in broad outlines the general policy to be
followed in the management of State forests in the country. During the interval that has since
elapsed, developments of far-reaching importance have taken place in the economic and
political fields. The part played by forests in maintaining the physical conditions of the country
has come to be better understood. The country has passed through two world wars, disclosed
unsuspected dependence of defence in forests. The reconstruction schemes, such as river valley
projects, development of industries and communications, lean heavily on the produce of forests.
2. While the fundamental concepts underlying the existing forest policy still hold good,
the Government of India consider that the need has now arisen for a reorientation of
the forest policy in the light of changes which have taken place, since it was
enunciated.
3. Vital national needs.- The National Forest Policy of India is formulated on the
basis of six paramount needs of the country, namely :-
(1) The need for evolving a system of balanced and complimentary land use:-,
under which each type of land is allotted to that form of use under which it would
produce most and deteriorate least.
(2) The need for checking :-
(a) the denudation in mountainous regions, on which depends the perennial water
supply of the river system whose basins constitute the fertile core of the country;
(b) the erosion progressing space along the treeless banks of the great rivers
leading to ravine formation and on vast stretches of undulating waste lands
depriving the adjoining fields of their fertility;
(c) the invasion of sea sands on coastal tracts and the shifting of sand-dunes, more
particularly in the Rajputana desert.
(3) The need for establishing tree lands, wherever possible, for the amelioration of
the people and climatic conditions promoting the general, well being of the people.

(4) The need for ensuring progressively increasing supplies of grazing small wood
for agricultural implements and in particular of firewood to release the cattle dung
for manure to step up food production.
(5) The need for sustained supply of timber and other forest produce require for
defence, communications and industry.
(6) The need for the realizations of the maximum annual revenue in perpetuity
consistent with the fulfilment of The needs enumerated above.
These vital needs indicate the functions forests are to fulfil and provide the
fundamental basis of the policy governing their future.
4. Functional classification of forests.- Having regard to the functions aforesaid, the

forests of India, whether State or privately owned, may be conveniently classified
as follows :
(a) Protection forests, i.e., those forests which must be preserved or created for
physical and climatic considerations.
(b) National forests, i.e., those which have to be maintained and managed to meet
the needs of defence, communications and other general purposes of public
importance.
(c) Village forests, i.e., those which have to be maintained to provide firewood, to
release cow dung for manure and to yield small timber for agricultural implements
and other forest produce for local requirements, and to provide grazing for cattle.
(d) Tree-lands, i.e., those areas which though outside the scope of the ordinary
forest management are essential for the amelioration of the physical conditions of
the country.
This classification is merely illustrative and is by, no means mutually exclusive. In

fact every forest performs more than one function and has, therefore, to be so
managed as to achieve the highest efficiency in respect of the chief functions
assigned to it. This fundamental classification has also no bearing on the
classification of the forest distinguished in the Indian Forest Act, (XVI of 1927),
which is based on the degree of control exercisable in them.
5. Necessity of classification.- This broad functional classification of forests is

necessary to focus attention on the kind and object of management
necessary in each case. Every sizable forest, whatever its composition,
location or category, serves both a protective and productive purpose, and in
its utility may be of local, regional or national significance. The fact,
however, must be realised that the country as a whole has vast stake in the
conservation of all forests, irrespective of their functions and ownership,
and, therefore, all of them should be administered from point of view of
national well being.
6. Two possible considerations.- Two considerations, plausible, no doubt, at
first sight but if give.i undue weight may be destructive of national well
being in the long run, should be combated.
They are,-
(1) Neighbouring areas are entitled to a prior claim over a forest and its
produce.
(2) Agricultural requirement has a preferential claim over forest lands.
7. Claims of neighbouring communities.- Village communities in the

neighbourhood of a forest will naturally make greater use of its products for
the satisfaction of their domestic and agricultural needs. Such use, however,
should in no event be permitted at the cost of national interests. The accident
of a village being situated close to a forest does not prejudice the right of the
country as whole to receive the benefits of a national asset. The scientific
consideration of forests inevitably involves the regulation of rights and the
restriction of the privileges of user, depending upon the value and
importance of the forest, however, irksome such restraint may be to
neighbouring areas. The Himalayan forests, for instance, are the greatest of
national assets; to them vve owe the richness of the country. The denudation
and under development of the Himalayan slopes leads to greater intensity
and frequency of floods, recurrent erosion, and to coarse detritus being
deposited on the fertile subordinate tracts. This process inflicts
immeasurable loss and misery on the unsuspecting millions in the Indo
Gangetic Plain and brings about a progressive and permanent impairment of
soil fertility, and accumulative reduction in the agricultural potential of the
whole land. While, therefore the needs of the local population must be met
to a reasonable extent, national interests should not be sacrificed because
they are not directly discernible, nor should the rights and interests of future
generations be subordinate to the improvidence of the present generation.
8. Relinquishment of forests land for agricultural purposes.- The
indiscriminate extension of agriculture and consequent destruction of forests
have not only deprived the local population of fuel and timber, but have also
stripped the land of its natural defences against dust storms, hot desiccating
winds and erosion. The old policy, which envisaged the relinquishment
subject to certain safeguards honoured only in their breach, of even valuable
forest and for permanent cultivation, has resulted in general deterioration of
physical conditions of the detriment of national interests and must,
therefore, be given up. In the abstract, the claims of agriculture undoubtedly
appear stronger than those of forestry. The nation widely entertained the
forestry, as such, has no intrinsic right to land but may be permitted on
sufferance on residual and required for any other purpose, has to be
combated. The role of forests in national economy, both both protective and
productive, entitles forests to lay claim to an adequate share of land. The
importance of tree lands in the rural economy of the region where
agriculture constitutes the main stay of the vast bulk of population can
scarcely be over emphasised.
9. Land use.- The correct solution of the land problem is to evolve a system of
balanced and complimentary land use, under which each type of land is
allotted to that form of use under which it would produce most and
deteriorate least. A detailed survey of lands with a view to their proper
utilization is, therefore, highly highly desirable.
10. Protection forests.- "Protection forests" denote forests found, or required,
on hill slopes, river banks, sea shores, or other erodable localities. In such
sites, the need for forest cover is dictated by purely protective physical
consideration, such as prevention of erosion, conservation of moisture, and
control of rushing torrents and floods. The role of such forests in saving the
soil from being washed away and when maintained in catchment areas, in
the prevention of floods and maintenance of stream flow, cannot be over
emphasised. On flat country with loose sandy soil, especially under dry
conditions, forests, whether natural or artificial, perform an essential
function in minimising wind erosion, fixing the soil and preventing the
formation of sand dunes, and mitigating the desiccation of agricultural crops
leeward of the tree cover. The National Forest Policy requires, therefore, an
immediate and speedy programme for the re-conditioning of mountainous
regions, river valleys and coastal lands by establishing protective forest over
larger areas, and preserving the existing one. The primary object of
management of such forests should be to utilise in full their protective
influence on the soil, the water regime, and the physical and climatic factors
of the locality; and the interest to be thus protected should far outweigh
those which it may be necessary to restrict. The scientific management of
such "Protection forests" wherever possible, should include the production
and exploitation of timber within the limits of safety.
11. Re-conditioning of hills and dales.- The progressive denudation of hill
sides with serious repercussions on the fertility of the land and the growing
erosion along the basis of rivers of which the Yamuna, the Chambal, the
Mahi, the Narmada, the Kosi and the Damodar are notorious examples,
constitute the major considerations demanding immediate attention.
12. The immobilization of the desert of Rajputana.- Attention also needs to
be drawn here to the Rajputana desert more particularly to the fixation of the
shifting sand-dunes. Strong winds that develop in this region during the
summer transport vast quantities of sand and salt from the sea, and Runn of
Cutch whipping the desert into terrific dust-storms, the fury of which is felt
through out tire North-Western India. The desert has spread through the
ages causing the "westering" of Indus and the 'northering' of the Sutlej,
meeting an obstruction of sorts only along its eastern confines in the
Aravallis. The immobilization of the desert and protection of the remaining
fertile belts inside it constitutes one of the planks of the National Forest
Policy.

13. National Forest.- "National Forest" constitute the basis of India's strength
and wealth; for they comprise valuable timber bearing regions the produce
of which is indispensable for defence, communication and vital industries.
They have to be managed chiefly in the interest of the nation as a whole, and
their organization and development is one of the most important functions of
the States. Their management on scientific and business lines is essential for
maintaining a supply of wood for industry/and of large timbers for defence,
communication and other national purposes. The basic policy, so far as such
forests are concerned must be to attain national self sufficiency in those vital
supplies. Future development should, therefore, be directed to that end,
cultivation should not be permitted to encroach upon these valuable timber
bearing tracts. The solution of the food problem of air ever increasing
population must be sought primarily in intensive cultivation and not in
weakening the very basis of national existence by encroaching upon such
forests.
14. Village forests.- "Village Forests" popularly termed "fuel forest" are
intended, in the main, to serve needs of the surrounding villages in respect
of small timber for housing and agricultural implements, firewood, leaves
for manure and folder, fencing thorns, grazing and edible forest products.
The supply for such requirements should be made available at non
competitive rates, provided they are utilised by the village themselves and
not traded in. The management of such village forests should aim at meeting
the present as well as future needs of the local population. Removal of the
produce in excess of its annual growth should not, therefore, be permitted,
restrictions should be imposed in the interests not only of the existing
generation but also of posterity. These considerations render the entrusting
of the management of village forests to panchayats, without appropriate
safeguards, a hazardous undertaking as has been demonstrated in some of
the State. The co-operation of Panchayats should be enlisted in the
protection and creation of village forests, and in the distribution of forest
produce assigned to meet the needs of the local population, but not at the
cost of economy and efficiency. While the profit motive in the management
of these forests should be relegated to the background, there is no
justification for allowing them to become a burden on the general tax payer;
the expenses for development and a maintenance of such forests must come
from their own income.
15. Tree-lands.- Although tree-land are not part of regular forests, in a country
like India where their increase, management and development are vital to
the needs of the people they cannot well be left out of any well considered
policy. The Land Transformation Programme of the Government of India,
envisages the planting of 30 crores of trees in ten years; but this number is
very far from about 2,000 crores of trees which would be necessary to
restore the hydrological nutritional balance of the country. The creation of
forests by State Forest Departments on such an elaborate scale is ruled out at
present by lack of founds and trained personnel. They only way in which
some progress can be achieved is by making the whole nation tree
conscious. Such consciousness will stimulate private efforts at tree planting
as has been demonstrated by the success of the National Vana Mahotsava
Movement. It will also arrest the vandalism which feels no scruples in
cutting down valuable trees and create among the populace an urge to secure
the protection of trees-a virtue as much to be desired as it is rare.
16. Scope for increasing tree-lands.- State Government have a vast scope for
an all round increase in the area under tree-lands. Defence, Railways, Public
Works Departments, Universities and Colleges, District Boards,
Municipalities and other local authorities, associations and institutions can
lend a helping hand by converting the lands at their disposal into tree-lands.
The new forest policy, therefore, envisages a concerted and supreme effort
on the part of various Governments and other agencies towards planned
afforestation with a view to the enlargement by the Central/State is clearly
indicated. A systematic programme of extending existing tree-lands and
establishing new ones should be framed by the Government concerned.
Under the new policy, it should be the duty of the Forest Departments
concerned :
17. (a) to awaken the interest of the authorities within their region in the
development, extension and establishment of tree-lands;
18. (b) to draw up plans for such purposes bearing in mind the need for species
of commercial importance;
19. (c) to establish nurseries and seed stores in each area for the supply of
saplings, plants and seeds;
20. (d) to supervise the planting of trees, and render such technical assistance as
may be necessary for the development of tree-lands; and
21. (e) to arouse tree consciousness among the people by publicity, by

celebrating the Vana Mahotsava and by encouraging the Van Premi Sangh.
17. Tree-lands in agricultural areas.- The importance of tree-lands in the rural

economy of the regions where agriculture constitutes the mainstay of the
vast bulk of the population cannot be over emphasised. Experience gained
during the first two Vana Mahotsavas indicated a very considerable
response in the countryside, where Government officers had prepared the
ground and created the necessary enthusiasm among people. A campaign
inducing villagers to plant trees in village commons and along roadsides, on
the condition that they would enjoy the benefit of the fruits timber and other
produce of trees planted by them has yielded excellent results and is well
worth an extended trial. The essence of success in such ventures lies in
invoking the willing co-operation of the local villagers, the necessary
technical guidance and help being furnished by the forest and other
departments. In most localities, a cultivator has no land to utilise for raising
trees, there is however, nothing to prevent him from growing at least a few
per acre on his own field. Much useful work in this direction has been done
in the western districts of Uttar Pradesh where cultivators have raised a fair
amount of babul (Acacia arbica) in their fields. Other species may prove to
be of equal utility in other regions.
18. Control of private forests.- The ownership of private forests in State where
they still exist, vests in individuals. Such ownership mush, however, be
regulated in the national interest so that the indiscriminate exercise of
individuals rights may not prejudice or endanger, general welfare.
Regulation and control of private forests by the State on physical climatic
and economic grounds is, therefore, imperative. Recent legislation in
various State has assumed the following pattern :
(1) Owners of private forests should, in the first instance, be given an opportunity
to manage their forests in accordance with an approved working plan.
(2) In the case only of recalcitrant owners, who are tempted to sacrifice the capital
for immediate gain, should the management of their forests be made to vest in
Government by due process of law.
(3) The ownership of such vests forests should remain, however unaffected; and
the transfer should relate only to management, the net profits arising therefore, if
any, accruing to the owner.
The object of the legislative measures outlined above stands in gave risk of being
defeated by the tendency discernible among owners of private forests to cash in
their assets by excessive exploitation of forests for personal ends. In order to arrest
such destruction of forests, the National Forests Policy requires that their control
and management should be strictly regulated, and where that cannot be done, they
should be taken over by the State Governments by effective legislation.
19. Proportion of the forests areas.- The proportion of land to be kept

permanent under forests would naturally vary in different regions. Practical
considerations suggest that India as whole, should aim at maintaining one-
third of its total land area under forests. As an insurance against denudation
a much larger percentage of the land about 60 per cent, should be kept under
forests for their protective functions in the Himalayas, the Deccan and other
mountainous tracts liable to erosion. In the plains, where the ground is flat
and erosion is normally not a serious factor, the proportion to be attained
should be placed at 20 per cent; and in view of the pressure of agriculture,
effort at the extension of tree-lands should be concentrated on river banks
and other convenient place not suitable for agriculture. At the same time it
must be realised that even distribution of forests in all physical regions is as
much important as its over all proportion. In certain localities deficient in
forest, therefore, afforestation of marginal lands, and eroded river and
village waste-lands, should be undertaken. Forests area in excess of the
indicated proportion, if any, should, however, not be sacrificed. To maintain
an overall average, it is essential that States better suited for the growth of
trees should help to make good the deficiency in those parts where climatic
and edaphic factors militate against tree growth.
20. Wild life.- The National Forest Policy emphasizes the need for affording
protection to the animal kingdom and particularly to rare species as, the lion
and the great one-homed rhinoceros, which are fast disappearing. While the
damage caused by such predators as wild pigs, game and porcupine cannot
be denied, the elimination of their natural enemies tends to multiply them. It
is necessary, therefore, that bird and animal life should be controlled by
special laws and rare fauna preserved by setting up sanctuaries and large
scale national parks. For this purpose, a Central Board of Wild Life has been
constituted by the Government of India, in the Ministry of Food and
Agriculture Resolution No. 7-110/51-F, dated the 4th April, 1952.
21. Grazing.- The controversial question of grazing in State forests calls for a
clear definition of policy. Speaking generally, all grazing in forests,
particularly unlimited or uncontrolled grazing, is incompatible with
scientific forestry. At the same time grazing does take place in forests and
must be accepted as a hard fact. There are indeed circumstances in many
regions where a moderate amount of grazing does little direct harm, and
even do a great deal of indirect good >n reducing the risk of fire and in
suspending regression at a desirable stage. But efficient forest management
requires that grazing should be regulated as regards the time and place, as
also the number of cattle admitted. The formulation of the grazing policy
should be based on the following cardinal principles :-
(a) Continuous grazing on the same areas by large herds is destructive of the
better strains of grasses and lead to a deterioration of the grass complex.
Wherever it is permitted and is in great demand effects of which should be
explained and demonstrated to the villagers.
(b) Cheap forest grazing has a demoralising effect and lead to the viciou
spiral of reckless increase in the number of cattle, inadequate forest grazing
reduced quality of the herds, and further increase in the numbers to offset
the fall in quality. Free and indiscriminate forest grazing is, therefore, a
serious disservice to cattle breeding. The notion that a farmer wealth must
be reckoned in terms of the number of cattle he owns, regardless of quality,
is one of the causes of India's uneconomic cattle wealth and must be
combated.
(c) Grazing should not be looked upon primarily as source of revenue. But
the simple and obvious way of regulating and controlling grazing as also
improving the quality both of grazing and cattle themselves, is to institute a
reasonable fee for the privilege of grazing.

(d) Grazing must be allowed in regeneration areas and young plantations
during such periods as the seedlings for establishment; otherwise they stand
in danger of being browsed or trampled upon.
(e) Grazing incidence should be kept at a minimum in protected forests.
22. Sheep and goats.- Experience gained in India and elsewhere points to the
imposition of restrictions on sheep grazing in forests, and the total exclusion
of goats therefrom. The damage to young plants caused by the browsing of
these animals is often irreparable, and their admission into the forest is
incompatible with the aims and objects of forest management. The creation
of special fodder reserves under strict rotational control is indicated for the
purpose.
23. Shifting cultivation.- The damage caused to forests by shifting cultivation
in certain areas must be guarded against. To wean the aboriginals who eke
out a precarious shifting from axe-cultivation moving from area to area,
away from their age old and wasteful practices, requires persuasion, not
coercion; a missionary, not an authorisation approach. Possibilities of
regulating shifting cultivation by combining it with forest regeneration
(Taungya) to the benefit of both should be fully explored. Success in this
direction depends upon enlisting the co-operation of the cultivators and
gaining their confidence showing consideration to their needs and wishes.
24. Sustained yields.- With a view to conserving forest resources in perpetuity,
the new forest policy requires scrupulous regard for sustained yield in the
management of all classes of forests. The fluctuations in the annual out turn
of forests upset State budgets, industries and other national enterprises; all
working plans, therefore, should aim at confining them within the narrowest
limits. This aspect assumes even greater significance in case where private
owners manage their own forests. The compilation of all round working
plans, therefore, requires :-
(a) tire calculation of increment so that what is annually put on is annually cut,
leaving the original assets intact or improved;
(b) the preparation of maps and investigation on the propagation and tending of
various species, their increment, the optimum conditions of their growth and the
regulation of yield;
(c) carefully planned afforestation schemes to replace inferior tree growth by

valuable species of commercial importance.
Each State, therefore, should set up a permanent organisation to deal with working
plans. Their compilation and revision, and deviation from them, research and
statistics as well as to conduct detailed surveys of available forest resources which
are a sine qua non for a sound forest management.
25. Forest administration.- The efficiency of forest administration depends
directly on the adequacy of the forest laws, the training and calibre of the
professional forest services, and the progress of research on both the
biological and the utilisation aspects of forestry.
26. Forest legislation.- So far as the forests under the control of the Central
Government and of Part A State are concerned, adequate forest legislation
exists in the Indian Forest Act and the Madras Forest Act. In some of the
Part B State there are Forest regulations having the force of law. But there
are some Part C States where forest laws do not exist. It is necessary,
therefore, that State without a proper Forest Act should enact legislation at
an early date on the lines of the Indian Forest Act, or validate that Act for
their territory. Several States have already enacted legislation for the control
of private forests legislation for private forests, State should not overlook
the need for providing adequate staff for enforcing its provisions.
27. Forest education.- Forestry courses are at present conducted for Forest
Rangers and Superior Forest Officers at the Forest Research Institute and the
College. The State would be well advised to continue taking advantage of
the facilities provided by the Central Government at Dehra Dun, associated
with the well equipped Forest Research Institute, which enjoys a world wide
reputation. A common forest education is a very effective means of
inculcating a spirit de corpsamong forest officers of developing a common
outlook in forestry matters; and of ensuring concerted and integrated
policies through out the country. Openings in the profession of forestry
being limited, the decentralization of forest education will militate against
economy and efficiency; encourage fissiparous tendencies, create
unemployment and render planned development of forest resources difficult.
28. Training of field staff.- Attention has also to be directed to the proper
training of lower executive staff on whose technical skill ultimately depends
the proper execution of forest schemes and their extension. The tendency to
start schools which are not properly equipped should be discouraged. It is
necessary that contiguous States should combine and co-operate in
establishing well equipped and up-to-date training schools for the purpose of
meeting their needs in the most economical manner.
29. Services.- The idea held in some quarters that since forests grow by
themselves, they need no technical management is based on ignorance.
Inadequacy of technical personnel and weakening of the professional
standards of the men called upon to manage forests, would be followed not
only by loss of revenue but also by a general degradation of the forests,
resulting in reduced output of forests produce and in deterioration of
physical conditions.
30. Forest Research.- Investigations in the biological aspect of forestry, among
others, silviculture, Botany and entomology have naturally leaned heavily
upon the co-operation of Forest Departments of the various States, most of
which have an organization of their own for the purpose. The maintenance
of a research organisation in each State commensurate with its resources and
requirements is in the interests of efficient forest management of tire country
as a whole. Research in the utilization of forest products has, on the other
hand, always been initiated and conducted at the Forest Research Institute
where special equipment for the purpose exists. This balanced arrangement
ensures both efficiency and economy. The Institute also is naturally the
centre for specialised education in forest industries; and special technical
courses in paper and plywood technology, wood preservation, timber
seasoning and other cognate subjects have been organised to meet demands
of industry for technicians.
31. Liaison with industry.- There is also considerable scope for improvement
in securing the utilisation of the results of research on forest products by
commercial and industrial interests. For ensuring closer contract between
the Forest Research Institute and the interests utilising timber and forest
products, liaison and publicity arrangement at the Institute need to be
strengthened.
32. Popular goodwill co-operatives and Forest workers.- While forest
legislation, forest education and forest research constitute the basis for
sound forest management, the welfare and goodwill of the people in the
neighbourhood of forests provide the firm ground on which it stands. No
forest policy, however, well intentioned and meticulously drawn up, has the
slightest chance of success without the willing support and co-operation of
the people. The recognition of their rights to forest produce at concession
rates, or free of royalty, is not by itself enough. What is necessary, is to
arouse within the people a direct interest in the utilisation of forests.
Intermediaries, who exploit both the forests and local labour for their own
benefit may with advantage be supplanted graduals by forestry labour co-
operative societies which may be formed to suit local conditions. Once the
local population learns to book upon the forest as a means of its livelihood, a
great step forward will have been taken.
33. Forest Budgets.- Forestry is a long range enterprise and it becomes
incumbent upon State Governments to secure for its freed from the vagaries
of the annual budget. A steady flow of funds is indispensable for a sustained
forest operations such as replacement of what is removed annually,
improvement of remaining crops, development of communications for
opening up remote areas and protective measures, they have to be based on
phased schemes which should not be set aside lightly. Budget cuts made
from year to year to meet the exigencies of State financiers can only be
made at the expense of continuity in forest management apart from other
benefits and at the sacrifice of forest revenue and other benefits in the
coming year. The creation of a sinking fund, therefore, by investing a
portion of the revenue in Government securities, more particularly during
boom years, would not only ensure availability of funds of replacements and
development cost, but may also be made to act as an equalising fund to be
drawn upon in lean years to prevent a fall in revenue. The immediate profit
motive should be rigidly ruled out for this urge may endanger the supply of
large and special timber for defence and industry and lead to a disturbance
of climatic conditions seriously affecting agriculture. The adoption of
rotation to produce large sized timber is often of greater importance to the

general economy of the country than that of rotation which yield the
maximum rate of interest in forest investments.
34. Policy, an enunciation of general principles.- While the discretion of State
Government to regulate the details of forest administration in their
respective territories is left unfettered, the general principles of the above
forest policy should, in paramount national interests, be observed by them in
framing their policies and legislation for the conservation of their forest
resources. The forest policy of every State should be so framed as not to
impinge adversely upon the general economy and physical balance of an
adjoining State. It should be in consonance with the general principles
underlying the Forest Policy laid down by the Centre, for the preservation
and development of the nation's forest resources which are so vital to its
general well being.
35. Objects and Reasons.- The following statement of Object and Reasons of
the Indian Forest Bill, was published in the Gazette of India, 1926, Part V,
"The general law relating to forest in British India is contained in the Indian Forest
Act, 1878 and its amending Acts. The present Bill brings the law together within
the scope of one enactment. The Bill is a straight forward consolidating Bill but the
original Act, having been passed before the General Clauses Act, 1897 (X of 1897)
it has been possible to shorten the language of the Bill by taking advantage of the
Act. The ambiguous language of the second paragraph of Section 42 of Act VII of
1878 has been altered in clause 42(2) so as to bring it into conformity with what
appears to have been the original intention of the law. The only other point which
calls for further notice is the extent clause. The original Act, extended to the
Province of Assam but by Regulation VII of 1891, the Indian Forest Act was
repealed as far as it relates to Assam. The Bill accordingly, omits Assam from the
extent clause."
36. Scheme of the Act.- There can be no doubt that forests and afforestry are
subjects of prime importance to the administration of a country, and in the
need of public interest. The Forest Act was enacted to preserve and
safeguard the forests generally in India. The Act makes, various provisions
for such conservation of forests, and in the scheme it provides, for a State
Government or over which the Government have proprietary rights, a
reserved forest. Chapter II of the Act, therefore, deals with the subject of
reserve forests. Chapter III deals with the village forests, Chapter IV with
protected forests and Chapter V deals with forests and lands, not being the
property of Government. In this manner the Act, contemplates the protection
of forest lands under certain conditions, whether they be reserved forests,
village forests, protected forests or forests of private owners.
37. Scope of the Act.- Although the Indian Forest Act deals, specifically with :-
(i) reserved forests;
(ii) village forests, viz. reserved forests which have been assigned to any
village community; and
(iii) protected forests;
The preamble and other provisions of the Act are wide enough to cover all
categories of forests.
38. Construction of the Act.- The Indian Forest Act is on curtailing proprietary
rights of individuals and so the Act and the notifications issued under it must
be construed strictly, where the rights of individuals are trenched upon.
An enactment of a character which purports to deprive the subject of his right to

resort to the ordinary courts of justice for relief in certain cases ought to be
construed strictly and the courts should not extend its operation further than the
language of the legislative requires.
39. Jurisdiction of civil courts.- The provisions of the Indian Forest Act, 1878,
do not bar the jurisdiction of the courts to decide whether the land in suit is
or is not forest or waste land and whether, if it be not such land, the
plaintiffs are entitled to the occupation of such land.
40. Procedure for trial of forest offences.- As no provision has been made in
the Indian Forest Act, regulating the manner or place of investigating,
inquiring into, trying or otherwise dealing with forest offences, all offences
under the Indian Forest Act must be investigated, enquired into tried or
otherwise dealt with according to the provisions of the [Code of Criminal
Procedure, 1898.]
In the absence of any express provision in the Forest Act to punish an accused for
the violation of the rules made under the Act, the accused should be tried under the
Indian Penal Code.
WILD LIFE (PROTECTION) ACT, 1972
Before 1972, the country had five national Parks. This Act established schedules of
protected plant and animal species; hunting or harvesting these species- largely outlawed.
 The Act provides for the protection of wild animals, birds and plants;
 It extends to the whole of India, except the State of Jammu and Kashmir which has
its own wildlife act.
 It has Six schedules which give varying degrees of protection.
 Schedule I and part II of Schedule II have absolute protection - offences prescribed

highest penalties.
 Schedule III and Schedule IV Species listed also protected, but penalties much lower
 Schedule V includes the animals which may be hunted.
 Schedule VI endemic plants prohibited from cultivation and planting.
Amendments
 The Wild Life (Protection) Amendment Act, 2006

 The Wild Life (Protection) Amendment Act, 2003
 The Wildlife (Protection) Act, 1972, as amended in 1993
Bill
Wildlife (Protection) Amendment Bill 2013.
Wild Life Action Plans: To chalk out the wildlife conservation
1st :- 1983-2001
2nd :-2002-2016
3rd :-2017-2031
Table 1. Enlist of Chapters, Sections and Particulars under Indian Wildlife

(Protection) Act, 1972
Sections Particulars
Chapter I PRELIMINARY
Sections 1 Short title, extent and commencement
2 Definitions
Chapter II APPOINTMENTS AND DUTIES
3 Appointment of Director and other officers
4 Appointment of wild Life Warden and other officers
5 Power to delegate
6 Constitution of Wild Life Advisory Board
7 Procedure to be followed by the Board
8 Duties of Wild Life Advisory Board
Chapter III HUNTING OF WILD ANIMALS
9 Prohibition of hunting
11 Hunting of wild animals to be permitted in certain cases
12 Grant of permit for special purposes
17A Prohibition of picking, uprooting, etc. of specified plant
17B Grants of permit for special purposes
17C Cultivation of specified plants without license prohibited
17D Dealing in specified plants without license prohibited
17E Declaration of stock
17F Possession, etc., of plants by licensee
17G Purchase, etc., of specified plants
17H Plants to be Government property
18 Declaration of sanctuary
19 Collector to determine rights
20 Bar of accrual of rights
21 Proclamation by Collector
22 Inquiry by Collector
23 Powers of Collector
24 Acquisition of rights
25 Acquisition proceedings
26 Delegation of Collector's powers
26A Declaration of area as sanctuary
27 Restriction on entry in sanctuary
28 Grant of permit
29 Destruction, etc., in a sanctuary prohibited without permit
30 Causing fire prohibited
31 Prohibition of entry into sanctuary with weapon
32 Ban on use of injurious substances
33 Control of sanctuaries
33A Immunisation of live-stock
34 Registration of certain persons in possession of arms
35 Declaration of National Parks
37 Declaration of closed area
38 Power of Central Government to declare areas as sanctuaries or National
Parks
Chapter CENTRAL ZOO AUTHORITY AND RECOGNITION OF
IVA ZOOS
38A Constitution of Central Zoo Authority
38B Term of office and conditions of service of Chairperson and members, etc
38C Functions of the Authority
38D Procedure to be regulated by the Authority
38E Grants and loans to Authority and Constitution of Fund.
38F Annual report
38G Annual report and audit report to be laid before Parliament
38H Recognition of zoos
38I Acquisition of animals by a zoo
38J Prohibition of teasing, etc., in a zoo
Chapter V TRADE OR COMMERCE IN WILD ANIMALS,
ANIMAL ARTICLES AND TROPHIES
39 Wild animals, etc., to be Government property
40 Declarations
41 Inquiry and preparation of inventories
42 Certificate of ownership
43 Regulation of transfer of animal, etc
44 Dealings in trophy and animal articles without license prohibited
45 Suspension or cancellation of licenses
46 Appeal
47 Maintenance of records
48 Purchase of animal, etc., by licensee
48A Restriction on transportation of wild life
49 Purchase of captive animal, etc., by a person other than a licensee
Chapter VA PROHIBITION OF TRADE OR COMMERCE IN
TROPHIES, ANIMAL ARTICLES, DERIVED FROM
CERTAIN ANIMALS
49A Definitions
49B Prohibition of dealings in trophies, animal articles, etc., derived from
scheduled animals
49C Declaration by dealers
50 Power of entry, search, arrest and detention
51 Penalties
52 Attempts and abetment
53 Punishment for wrongful seizure
54 Power to compound offence
55 Cognizance of offences
56 Operation of other laws not barred
57 Presumption to be made in certain cases
58 Offences by companies
Chapter VII MISCELLANEOUS
59 Officers to be public servants
60 Protection of action taken in good faith
60A Reward to persons
61 Power to alter entries in Schedules
62 Declaration of certain wild animals to be vermin
63 Power of Central Government to make rules
64 Power of State Government to make rules
65 Rights of Scheduled Tribes to be protected
66 Repeal and savings
Schedule-1 Part-I
Schedule-1 Part-II
Schedule-1 Part-III
Schedule-2 Part-I
Schedules
Schedule-2 Part-II
Schedule-3
Schedule-4
Schedule-5
CHAPTER I
PRELIMINARY
(Section 1 & 2)

(1) This Act may be called the Wild Life (Protection) Act, 1972.
(2) It extends to the whole of India except the State of Jammu and Kashmir
(3) It shall come into force in a State or Union Territory to which it extends, on such date as
the Central Government may, by notification, appoint, and different dates may be appointed
for different provisions of this Act or for different States or Union territories.
_____________________________________________________________
Definitions.—In this Act, unless the context otherwise

requires,—
1). “animal” includes mammals, birds, reptiles, amphibians, fish, and also includes their
young and eggs;
“wild animal” means any animal specified in Schedules I to IV and found wild in nature;
(2) “animal article” an article made from any captive animal or wild vermin, and
includes an article or object in which the whole or any part of such accused,
(3) “captive animal”: any animal, specified in Schedule I, Schedule II, Schedule IV,
which is captured or kept or bred in captivity;
(5) “Chief Wild Life Warden” means person appointed as such under claus(1) of section
4;
(6) “Collector” means the chief officer-in-charge of the revenue administration of a

district or any other officer not below the rank of a Deputy Collector as may be appointed by
the State Government under section 18B in this behalf;
(7) “Director” means the person appointed as Director of Wild Life Preservation under
clause (a) of sub-section (1) of section 3;
(8) “Forest officer” means the Forest officer appointed under clause (2) of section 2 of
the Indian Forest Act, 1927 (16 of 1927) or under any other Act for the time being in force in
a State;
(9) “hunting”, with its grammatical variations and cognate expressions, includes,—
(a) killing or poisoning of any wild animal or captive animal and every attempt to do
so;
(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal
and every attempt to do so;

(10) “licence” means a licence granted under this Act; “livestock” means farm animals
and includes buffaloes, bulls, bullocks, camels, cows, donkeys, goats, sheep, horses, mules,
yaks,pigs, ducks, geese, poultry and their young but does not include any animal specified in
Schedules I to V.
(11) “Specified plant” means any plant specified in Schedule VI
(12) “National Board” means National Board for Wild Life constituted under section
5A;
(13) “National Park” means an area declared, whether under section 35 or section 38, or
deemed, under sub-section (3) of section 66, to be declared, as a National Park;
(14) “trophy” means the whole or any part of any captive animal or wild animal, other
than vermin, which has been kept or preserved by any means, whether artificial or natural,
and includes—
(a) rugs, skins and specimens of such animal mounted in whole or in part through a
process of taxidermy
(b) antler, bone, carapace, shell, horn, rhinoceros horn, hair, feather, nail,tooth, tusk,
musk, eggs, nests and honeycomb;
(15) “uncured trophy” means the whole or any part of any captive animal or wild
animal, other than vermin, which has not undergone a process of taxidermy, and includes a
freshly killed wild animal, ambergris, musk and other animal products.
(16) “vermin” refers to pests or nuisance animals which spread diseases or destroy
crops or livestock, Rats, mice, cockroaches, along with pests to farmers are
vermin wild animal specified in Schedule V.
(17) “Weapon” includes ammunition, bows and arrows, explosives, firearms, hooks,
knives, nets ,poison, snares and traps and any instrument or apparatus capable of
anaesthetizing, decoying, destroying, injuring or killing an animal.
(18) “Manufacturer” means a person who manufacturers articles form any animal or plant
specified in schedules I to V & VI as the case may be.
(19) “Protected area” means a national park, a sanctuary, a conservation reserve of a
community reserve notified under section 18,35,36A and 36C of the Act.
(20) “ZOO” means an establishment, whether stationary or mobile, where captive animals
are kept for exhibition to the public but does not include a circus and an establishment of a
licensed dealer in captive animals.

CHAPTER 2
AUTHORITIES TO BE APPOINTED OR CONSTITUTED UNDER THE
ACT
(Section 3 to 8)
Guidelines for Appointment of Honorary Wild life Wardens
(1) The State Government may, for the purposes of this Act, appoint:--
(a) a Chief Wild Life Warden (CWW)
(b) Wild Life Wardens
(c) Such other officers and employees as may be necessary.
Criteria for Selection:
(a) Genuine concern for Wildlife conservation
(b) Personal record free of involvement in any activity detrimental to the interests of nature
and wildlife conservation.
(c) Capacity to render help to the official machinery.
(d) Local standing which make him/her effective, especially in conveying the conservation
message.
Appointment of Director and other officers
The Central Government may, for the purposes of this Act, appoint:--

(a) A Director of Wild Life Preservation
(b) Such other officers and employees as may be necessary.
Duties and Responsibilities:
(a) Control of poaching and clandestine trade in wild animals and products / articles thereof
(b) Detection and prosecution of offences under the Wildlife (Protection) Act and the Rules
made thereunder.
(c) Preventing damage to the habitat of wildlife
(d) Identification and selection of areas suitable to be declared as sanctuaries, national parks,
closed areas, etc; as well as measures for their proper protection.
(e) Measures for dealing with the problem of damage by wild animals to life and property,
including the assessment and payment of compensation, etc.
(f) Carrying the message of conservation to the people and enlisting public support for nature
and wildlife conservation. The effort should be specially directed towards the communities
living in or near the declared wildlife reserves.
(g) Any other matter connected with the protection of wildlife, which may be entrusted by the
Wildlife Advisory Board or the Chief Wildlife Warden of the State, from time to time.
Powers of delegates
 The Director may, with the previous approval of the Central Government, by order in
writing, delegate all or any of his powers and duties under this Act to any officer
subordinate to him subject to such conditions, if any, as may be specified in the order.
 The Chief Wild Life Warden (CWW) may, with the previous approval of the State
Government by order in writing, delegate all or any of his powers and duties under
this Act, except those under clause (a) of sub-section (1) of section 11, to any officer
subordinate to him subject to such conditions, if any, as may be specified in the order.
 Subject to any general or special direction given or condition imposed by the Director
or the Chief Wild Life Warden, any person, authorised by the Director or the Chief
Wild Life Warden to exercise any powers, may exercise those powers in the same
manner and to the same effect as if they had conferred on that person directly by this
Act and not by way of delegation.
Constitution of the National Board for Wild Life
(1) The Central Government shall, within three months from the date of
commencement of the Wild Life (Protection) Amendment Act, 2002,
constitute the National Board for Wild Life consisting of the following
members, namely:—
(a) Chairperson-the Prime Minister as (b) Vice-Chairperson- the Minister in-
charge of Forests and Wild Life as;
(c) three Members of Parliament of (d) Member, Planning Commission in-
whom two shall be from the House of the charge of Forests and Wild Life;
People and one from the Council of
States;
(e) five persons to represent non- (f) ten persons to be nominated by the
governmental organisations to be Central Government from amongst
nominated by the Central Government; eminent conservationists, ecologists and
environ-mentalists;
(g) the Secretary to the Government of h). one representative each from ten
India in-charge of the Ministry or States and Union territories by rotation,
Department of the Central Government to be nominated by the Central
dealing with Forests and Wild Life; Government;
Constitution of State Board for Wild Life:
The State Government shall, within a period of six months from the date of
commencement of the Wild Life (Protection) Amendment Act, 2002 constitute a
State Board for Wild Life consisting of the following members,
(a) Chairperson- the Chief Minister of (b) the Minister in-charge of Forests
the State and in case of the Union and Wild Life—Vice Chairperson;
territory, either Chief Minister or
Administrator, as the case may be
(c) three members of the State (d) three persons to represent NGOs
Legislature or in the case of a Union dealing with wild life to be nominated
territory with Legislature, two members by the State Government;
of the Legislative Assembly of that
Union territory;
(e) ten persons to be nominated by the (f) the Secretary to the State
State Government from amongst Government or the Government of the
eminent conservationists, ecologists Union territory, as the case may be, in-
and environ-mentalists including at charge of Forests and Wild Life;
least two representatives of the
Scheduled Tribes;
(g) the Officer in-charge of the State (h) the Secretary to the State
Forest Department; Government, Department of Tribal
(i) the Managing Director, State (j) an officer of the State Police
Tourism Development Corporation; Department not below the rank of
Inspector-General;
Duties of State Board for Wild Life.—
It shall be the duty of the board to advise the State Government,—

(a) in the selection and management of areas to be declared as protected areas;
(b) in formulation of the policy for protection and conservation of the wild life and specified
plants;
(c) in any matter relating to the amendment of any Schedule; 4 in relation to the measures to
be taken for harmonising the needs of the tribals and other dwellers of the forest with the
protection and conservation of wild life; and
(d) in any other matter connected with the protection of wild life which may be referred to it
by the State Government.
Some specific powers under the Wildlife (Protection) Act, 1972 should be
delegated to them:
(a) Power to inspect records of licences under section 47 (b) of the Act
(b) Powers of entry, search, seizure, and detention under section 50 for prevention and detection of
offences under the Act.
Suitable Honorary Wildlife Wardens could be authorised also to file complaints in courts in
accordance with section 55 of the Wildlife (Protection) Act, 1972. Normally, however, an
Honorary Wildlife Warden should bring the offence detected by him to the notice of the
Wildlife Warden having jurisdiction for making proper investigation and lodging a complaint
in the Court as laid down in section 55 of the Act.
CHAPTER III
HUNTING OF WILD ANIMALS: PERMISSION AND PROHIBITION

(Section 9 to 38)
Prohibition of hunting.—No person shall hunt any wild animal specified in Schedules I,
II, III and IV except as provided under section 11 and section 12.
Hunting of wild animals to be permitted in certain cases.—
(1) Notwithstanding anything contained in any other law for the time being in force
and subject to the provisions of Chapter IV,—
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified in
Schedule I has become dangerous to human life or is so disabled or diseased as to be beyond
recovery, by order in writing and stating the reasons therefor, permit any person to hunt such
animal or cause such animal to be hunted. Provided that no wild animal shall be ordered to be
killed unless the Chief Wild Life Warden is satisfied that such animal cannot be captured,
transquilised or translocated: Provided further that no such captured animal shall be kept in
captivity unless the Chief Wild Life Warden is satisfied that such animal cannot be
rehabilitated in the wild and the reasons for the same are recorded in writing.
(b) The Chief Wild Life Warden or the authorised officer may, if he is satisfied that any wild
animal specified in Schedule II, Schedule III, or Schedule IV, has become dangerous to
human life or to property (including standing crops on any land) or is so disabled or diseased
as to be beyond recovery, by order in writing and stating the reasons therefor, permit any
person to hunt
(2) The killing or wounding in good faith of any wild animal in defence of oneself or of any
other person shall not be an offence: Provided that nothing in this sub-section shall exonerate
any person who, when such defence becomes necessary, was committing any act in
contravention of any provision of this Act or any rule or order made thereunder.
(3) Any wild animal killed or wounded in defence of any person shall be Government
property.
Grant of permit for special purposes:
The Chief Wild Life Warden, to grant a permit, by an order in writing stating the reasons
therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the
holder of such permit to hunt subject to such conditions as may be specified therein, any wild
animal specified in such permit, for the purpose of,—
(a) education and scientific research;
(b) scientific management
(i) translocation of any wild animal to an alternative suitable habitat; or
(ii) population management of wild life without killing or poisoning or destroying any
wild animals
(c) collection of specimens:

(i) for recognised zoos subject to the permission under section 38; or
(ii) for museums and similar institutions;
(d) derivation, collection or preparation of snake-venom for the manufacture of life-saving

drugs
Provided that no such permit shall be granted—
(a) in respect of any wild animal specified in Schedule I, except with the previous permission
of the Central Government, and
(b) in respect of any other wild animal, except with the previous permission of the State
Government.
Cultivation of specified plants without licence prohibited.
CHAPTER IV
POWERS OF COLLECTOR, LAND ACQUISITION AND

COMPANSATIONS in PROTECTED AREAS
Collector to determine rights
When a notification has been issued under Sec.18, the collector shall inquire into, and
determine the existence, nature and extent of the rights of any person in or over the land
comprised within the limits of the sanctuary.
Bar of accrual of rights–
After the issue of a notification under Sec.18, no right shall be acquired in, or over
the land comprised within the limits of the area specified in such notification, except by
succession, testamentary or intestate.
Proclamation by Collector –
When a notification has been issued under Sec.18 the Collector shall publish in the
regional language in every town and village in or in the neighborhood of the area comprised
therein, a programation:
 specifying, as nearly as possible, the situation and the limits of the sanctuary; and
 requiring any person, claiming any right mentioned in Sec. 19, to prefer before the
collector” within two months from the date of such proclamation, a written claim in the
prescribed form specifying the nature and extent of such right, with necessary details
and the amount and particulars of the compensation, if any, claimed in respect thereof.
Inquiry by Collector. – The Collector shall, after service of the prescribed notice upon
the claimant, expeditiously inquire into

 the claim preferred before him under Cl. (b) of Sec.21, and
 the existence of any right mentioned in Sec.19 and not claimed under Cl.(b) of Sec.21,
so far as the same may be ascertainable from the records of the State Governments and
the evidence of any person acquainted with the same.
Powers of Collector. –
For the purpose of such inquiry, the Collector may exercise the following powers, namely
 the power to enter in or upon any land and to survey, demarcate, and make a map of
the same or to authorize any other officer to do so;
 the same powers as are vested in a civil court for the trial of suits.
Acquisition of rights. – (1) In the case of a claim to a right in or over any land referred
to in Sec.19, the Collector shall pass an order admitting or rejecting the same in whole or in
part.
 If such claim is admitted in whole or in part, the Collector may either
 exclude such land from the limits of the proposed sanctuary, or
 proceed to acquire such land or rights, except where by an agreement between the
owner of such land or the holder of rights and the Government the owner or holder of
such rights has agreed to surrender his rights to the Government, in or over such land,
and payment of such compensation, as is provided in the Land Acquisition Act, 1894.
The action is taken by in consultation with the Chief Wildlife Warden (CWW), the
continuance of any right of any person in, or over any land within the limits of the sanctuary
CHAPTER III
HUNTING OF WILD ANIMALS

(Section 9 to 38)
 No person shall hunt any wild animal specified in Schedule, I, II, III and IV
except as provided under section 11 and section 12.
(1) Hunting of Wild animals to be permitted in certain cases:
(a) the Chief Wild Life Warden may, if he is satisfied that any wild animal specified
in Schedule I has become dangerous to human life or is so disabled or diseased as to

be beyond recovery, by order in writing and stating the reasons therefor, permit any
person to hunt such animal or cause such animal to be hunted;
(b) the Chief Wild Life Warden or the authorized officer may, if he is satisfied that
any wild animal specified in Schedule II, Schedule III, or Schedule IV has become
dangerous to human life or to property (including standing crops on any land) or
is so disabled or diseased as to be beyond recovery, by order in writing and stating
the reasons therefor, permit any person to hunt such animal or cause such animal to be
hunted.
(2) The killing or wounding in good faith of any wild animal in defense of oneself or of any
other person shall not be an offence:
Provided that nothing in this sub-section shall exonerate any person who, when such defense
becomes necessary, was committing any act in contravention of any provision of this Act or
any rule or order made thereunder.
(3) Any wild animal killed or wounded in defense of any person shall be Government
property.
Grant of permit for special purposes:

Any wild animal specified in such permit, for the purpose of
(a) education
(b) scientific research
(c) scientific management
(d) Collection of specimens:
(i) for recognised zoos subject to the permission under section 38-1 or
(ii) for museums and similar institutions;

(iii) derivation, collection or preparation of snake-venom for the manufacture of
life
saving drugs.

CHAPTER IV
Protected Areas
(Sanctuaries, National Parks, Game reserves and Closed areas)
1. SANCTUARY
Sanctuary is an area which is of adequate ecological, faunal, floral, Geo-

morphological, natural or zoological significance. The Sanctuary is declared for the purpose
of protecting, propagating or developing wildlife or its environment. Certain rights of people
living inside the Sanctuary could be permitted. Further, during the settlement of claims,
before finally notifying the Sanctuary, the Collector may, in consultation with the Chief
Wildlife Warden, allow the continuation of any right of any person in or over any land within
the limits of the Sanctuary.
A sanctuary is a protected area which is reserved for the conservation of only animal
and human activities like harvesting of timber, collecting minor forest products and private
ownership rights are allowed as long as they do not interfere with well-being of animals.
Boundaries of sanctuaries are not well defined and controlled biotic interference is permitted.
Declaration of area as Sanctuary
When –
 a notification has been issued under sec.18 and the period for preferring claim has
elapsed, and all claims, if any, made in relation to any land in an area intended to be
declared as a sanctuary, have been disposed of by the State Government; or
 any area comprised within any reserve forest or any part of the territorial waters, which
is considered by the State Government to be of adequate ecological, faunal,
geomorphological, natural or zoological significance for the purpose of protecting,
propagating or developing wildlife or its environment, is to be included in a sanctuary,

The State Government shall issue a notification specifying the limits of the area which shall
be comprised within the sanctuary and declare that the said area shall be sanctuary on and
from such date as may be specified in the notification.
 Notwithstanding anything contained in sub-section (1), the right of innocent passage of

any vessel or boat through the territorial water shall not be affected by the notification
issued under sub-section (1).
 No alteration of the boundaries of a sanctuary shall be made except on a resolution

passed by the Legislation of the State.
Restriction on entry in sanctuary

1) No person other than,
 a public servant on duty;
 a person who has been permitted by the Chief Wildlife Warden or the authorized
officer to reside within the limits of the sanctuary;
 a person who has any right over immovable property within the limits of the sanctuary;
 a person passing through the sanctuary along a public highway, and
 the dependents of the person referred to in CI. (a), (b) or (c).
Shall enter or reside in the sanctuary, except under and in accordance

with the conditions of a permit granted under section 28:--
2) Every person shall, so long as he resides in the sanctuary, be bound
 to prevent the commission, in the sanctuary, or an offence against this Act;
 where there is reason to believe that any such offence against this Act has been
committed in such sanctuary, to help in discovering and arresting the offender;
 to report the death of any wild animal and to safeguard its remains until the Chief
Wildlife Warden or the authorized officer takes charge thereof;
 to extinguish any fire in such sanctuary of which he has knowledge or information and
to prevent from spreading by any lawful means in his power , any fire within the
vicinity of such sanctuary of which he has knowledge or information; and

 to assist any forest officer, Chief Wildlife Warden, Wildlife Warden or police officer
demanding his aid for preventing the commission of any offence against this Act or in
the investigation of any such offence.
(3) No person shall, with intent to cause damage to any boundary-mark of a sanctuary or to
cause any wrongful gain as defined in the Indian Penal Code (45 of 1860), alter, destroy,
move, or deface such boundary-mark.
(4) No person shall tease or molest any wild animal or litter the grounds or sanctuary.
Grant of permits
(1) The Chief Wildlife Warden may, on application, grant to any person a permit to enter or
reside in a sanctuary for all or any of the following purposes, namely:
 investigation or study of wildlife and purposes ancillary or incidental thereto;
 photography;
 scientific research;
 tourism;
 Transaction of lawful business with any person residing in the sanctuary.
(2) A permit to enter or reside in a sanctuary shall be issued subject to such conditions
and on payment of such fee as may be prescribed.
Prohibitions in Sanctuaries
1). Destruction, etc., in a sanctuary prohibited without a permit. –
No person shall destroy, exploit or remove any wildlife from a sanctuary or destroy or
damage the habitat of any wild animal or deprive any wild animal or its habitat within such
sanctuary except under and in accordance with a permit granted by the Chief Wildlife
Warden and no such permit shall be granted unless the State Government being satisfied that
such destruction, exploitation or removal of wildlife from the sanctuary is necessary for the
improvement and better management of wildlife therein authorizes the issue of such permit.
2). Causing fire prohibited. – No person shall set fire to a sanctuary, or kindle any fire,
or leave any fire burning, in a sanctuary, in such manner as to endanger such sanctuary.

3). Prohibition of entry into sanctuary with weapon. – No person shall enter a
sanctuary with any weapon except with the previous permission in writing of the Chief
Wildlife Warden or the authorized officer.
4). Ban on use of injurious substances. – No person shall use in a sanctuary,

chemicals, explosives or any other substances which may cause injury to, or endanger, any
wildlife in such sanctuary.
5). Control of sanctuaries. – The Chief Wildlife Warden shall be the authority who shall
control, manage and maintain all sanctuaries and for that purpose, within the limits of any
sanctuary,
 may construct such roads, bridges, buildings, fences or barrier gates, and carry out such
other works as he may consider necessary for the purposes of such sanctuary;
 shall take such steps as will ensure the security of wild animals in the sanctuary and the
preservation of the sanctuary and wild animals, therein;
 may take such measures, in the interests of wildlife, as he may consider necessary for
the improvement of any habitat.
 may regulate, control or prohibit, in keeping with the interests of wildlife, the grazing
or movement of [livestock].
6). Immunization of livestock. – The Chief Wildlife Warden shall take such measures in
such manner as may be prescribed, for immunization against communicable diseases of the
livestock kept in or within five kilometers of a sanctuary.
No person shall take, or cause to be taken or graze, any livestock in a sanctuary without
getting it immunized.
7). Registration of certain persons in possession of arms. – Within three months

from the declaration of any area as a sanctuary, every person residing in or within ten
kilometers of any such sanctuary and holding a licence granted under the Arms Act, 1959 (54
of 1959), for the possession of arms or exempted from the provisions of that Act and
possessing arms, shall apply in such form, on payment of such fee, and within such time as
may be prescribed, to the Chief Wildlife Warden or the authorized officer, for the registration
of his name.
* On receipt of an application under sub-section (1), the Chief Wildlife Warden or the
authorized officer shall register the name of the applicant in subject manner as may be
prescribed.

* No new licenses under the Arms Act, 1959 (54 of 1959), shall be granted within a radius of
ten kilometers of a sanctuary without the prior concurrence of the Chief Wildlife Warden.
2. NATIONAL PARKS
Declaration of National Parks. (1) Whenever it appears to the State Government

that an area, whether within a sanctuary or not, is, by reason of its ecological,
faunal, floral, geomorphological, or zoological association or importance, needed
to be constituted as a National Park for the purpose of protection & propagating or
developing wildlife therein or its environment, it may, by notification, declare its
intention to constitute such area as a National Park.
(1) Provided that where any part of the territorial waters is proposed to be included
in such National Park, the provisions of Sec.26A shall, as far as may be, apply in
relation to the declaration of a National Park as they apply in relation to the
declaration of a sanctuary.
(2) The notification referred to in sub-section (1) shall define the limits of the area
which is intended to be declared as a National Park.
(3) Where any area is intended to be declared as a National Park, the provisions of
Sec. 19 to 26-A shall, as far as may be, apply to the investigation and
determination of claims and extinguishment of rights, in relation to any land in
such area as they apply to the said matters in relation to any land in a sanctuary.
(4) When the following events have occurred, namely
(a) the period for preferring claims has elapsed, and all claims, if any, made
in relation to any land in an area intended to be declared as a National Park,
have been disposed of by the State Government, and
(b) all rights in respect of lands proposed to be included in the National Park
have become vested in the State Government
The State Government shall publish a notification specifying the limits of the area
which shall be comprised within the National Park and declare that the said area
shall be a National Park on and from such date as may be specified in the
notification.
(5) No alteration of the boundaries of a National Park shall be made except on a

resolution passed by the Legislature of the State.
(6) No person shall, destroy, exploit, or remove any wildlife from a National Park
or destroy or damage the habitat or any wild animal or deprive any wild animal or
its habitat within such National Park except under and in accordance with a permit
granted by the Chief Wildlife Warden and no such permit shall be granted unless
the State Government, being satisfied that such destruction, exploitation, or
removal of wildlife from the National Park is necessary for the improvement and
better management of wildlife therein, authorises the issue of such permit.
(7) No grazing of any shall be permitted in a National Park and no livestock shall
be allowed to enter except where such livestock is used as a vehicle by a person
authorised to enter such National Park.
(8) The provisions of secs. 27 and 28, secs.30 to 32 as far as may be, apply in
relation to a National Park as they apply in relation to a sanctuary.
Sanctuaries or National Parks declared by Central Govt.

Power of Central Government to declare areas as Sanctuaries or National Park,
-
(1) Where the State Government leases or otherwise transfers any area under its
control, not being an area within a Sanctuary, to the Central Government the
Central Government may, if it is satisfied that the conditions specified in sec.18 are
fulfilled in relation to the area so transferred to it, declare such area, by
notification, to be a sanctuary and the provisions of sec 18 to 35 , 54 and 55 shall
apply in relation to such sanctuary as they apply in relation to a sanctuary
declared by the State Government.

(2) The Central Government may, if it is satisfied that the conditions specified
in sec.35 are fulfilled in relation to any area referred to in sub-section (1), whether
or not such area has been declared, to be a sanctuary by the Central Government,
or the State Government, declare such area, by notification, to be a National Park
and the provisions of secs.35. 54 and 55 shall apply to such National Park as they
apply in relation to a National Park declared by the State Government.
(3) In relation to a sanctuary or National Park declared by the Central

Government, the powers and duties of the Chief Wildlife Warden under the section
referred to in sub-section (1) and (2). shall be exercised and discharged by the
Director or by such other officer as may be authorised by the Director in this
behalf and references in the sections aforesaid to the State Government, shall be
construed as reference to the Central Government and reference therein to the
Legislation of the State shall be construed as a reference to Parliament.
3. CLOSED AREAS
Declaration of closed areas
(1) The State Government may, by notification, declare any area closed to
hunting for such period as may be specified in the notification.
(2) No hunting of any wild animal shall be permitted in a closed area during
the period specified in the notification referred to in sub-section (1).
4. GAME RESERVES
Declaration of “Game Reserve”.–

(1) The State Government may, by notification, declare any area closed to
hunting for such period as may be specified in the notification.
(2) No hunting of any wild animal shall be permitted in such reserve

except under
and in accordance with a licence, issued under this section by the Chief
Wildlife Warden or the authorised officer.”
CHAPTER IV A
CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
(Section 38A to 38J)
Constitution of Central Zoo Authority –
(1) The Central Government shall constitute a body to be known as the Central Zoo
Authority (hereinafter in this Chapter referred to as the Authority), to exercise the powers
conferred on, and to perform the functions assigned to it under this Act.
(2) The Authority shall consist of: (a) chairperson; (b) such number of members not
exceeding ten; and (c) member-secretary, to be appointed by the Central Government.
Term of office and conditions of service of Chairperson and members, etc –
(1) The chairperson and every member shall hold office for such period, not exceeding three
years, as may be specified by the Central Government in this behalf.
(2) The chairperson or a member may by writing under his hand addressed to the Central
Government, resign from the office of chairperson, or, as the case may be, of the member.
(3) The Central Government shall remove a person from the office of chairperson or member
referred to in sub-section (2) if that person –
(a) becomes an undischarged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in the opinion
of the Central Government involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;

(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the authority, absent from three
consecutive meetings of the Authority; or
(f) in the opinion of the Central Government has so abused the position of
chairperson or member as to render that person’s continuance in office detrimental to
the public interest:
Provided that no person shall be removed under this clause unless that person has been given
a reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh appointment.
(5) The salaries and allowances and other conditions of appointment of chairperson,
members and member-secretary of the Authority shall be such as may be prescribed.
(6) The Authority shall, with the previous sanction of the Central Government, employ such
officers and other employees as it deems necessary to carry out the purposes of the Authority.
(7) The terms and conditions of service of the officers and other employees of the Authority
shall be such as may be prescribed.
(8) No act or proceeding of the Authority shall be questioned or shall be invalid on the
ground merely of the existence of any vacancies or defect in the constitution of the Authority.

Functions of the Zoo Authority
(a) Specify the minimum standards for housing, upkeep and veterinary care of the animals
kept in a zoo.
(b) Evaluate and assess the functioning of zoos with respect to the standards or the norms as
may be prescribed;
(c) Recognise or derecognise zoos
(d) Identify endangered species of wild animals for purposes of captive breeding and
assigning responsibility in this regard to a zoo
(e) Co-ordinate the acquisition, exchange and loaning of animals for breeding purposes
(f) Ensure maintenance of study books of endangered species of wild animals bred in
captivity
(g) identify priorities and themes with regard to display of captive animals in a zoo
(h) Co-ordinate training of zoo personnel in India and outside India
(i) Co-ordinate research in captive breeding and educational programmes for the purposes of
zoos
(j) Provide technical and other assistance to zoos for their proper management and
development on scientific lines
(k) Perform such other functions as may be necessary to carry out the purposes of this Act
with regard to zoos.
WILDLIFE AFFENCES
(As per Amendment of act, 2002)
Offences:
For offences relating to wild animals (or their parts and products) included in schedule-I or
part II of Schedule- II and those relating to hunting or altering the boundaries of a sanctuary
or national park the punishment and penalty have been enhanced, the minimum imprisonment
prescribed is three years which may extend to seven years, with a minimum fine of Rs.
10,000/-. For a subsequent offence of this nature, the term of imprisonment shall not be less
than three years but may extend to seven years with a minimum fine Rs. 25,000. Also a new
section (51 - A) has been inserted in the Act, making certain conditions applicable while
granting bail: 'When any person accused of the commission of any offence relating to
Schedule I or Part II of Schedule II or offences relating to hunting inside the boundaries of
National Park or Wildlife Sanctuary or altering the boundaries of such parks and sanctuaries,
is arrested under the provisions of the Act, then not withstanding anything contained in the
Code of Criminal Procedure, 1973, no such person who had been previously convicted of an
offence under this Act shall be released on bail unless -
(a) The Public Prosecutor has been given an opportunity of opposing the release on
bail; and –
(b) Where the Public Prosecutor opposes the application, the Court is satisfied that
there are reasonable grounds for believing that he is not guilty of such offences and
that he is not likely to commit any offence while on bail".
In order to improve the intelligence gathering in wildlife crime, the existing provision for
rewarding the informers has been increased from 20% of the fine and composition money
respectively to 50% in each case. In addition to this, a reward up to Rs. 10,000/- is also
proposed to be given to the informants and others who provide assistance in detection of
crime and apprehension of the offender.
At present, persons having ownership certificate in respect of Schedule I and Part II of

Schedule II animals, can sell or gift such articles. This has been amended with a view to curb
illegal trade, and thus no person can now acquire Schedule I or Part II of Schedule II animals,
articles or trophies except by way of inheritance (except live elephants).
Stringent measures have also been proposed to forfeit the properties of hardcore criminals
who have already been convicted in the past for heinous wildlife crimes. These provisions are
similar to the provisions of 'Narcotic Drugs and Psychotropic Substances Act, 1985'.
Provisions have also been made empowering officials to evict encroachments from Protected
Areas.
Offences not pertaining to hunting of endangered species
Offences related to trade and commerce in trophies, animals articles etc. derived from
certain animals (exception: chapter V A and section 38J) attracts a term of imprisonment up
to three years and/or a fine up to Rs. 25,000/-

CHAPTER V
TRADE AND COMMERCE OF WILD ANIMALS, ARTICLES, TROPHIES
Wild animals, etc., to be Government property: –

(1) Every –
(a) wild animal, other than vermin, which is hunted under section 11 or sub-
section (1) of section 29 or sub-section (6) of section 35 or kept or in
contravention of any provision of this Act or any rule or order made thereunder
or found dead, or killed mistake.
(b) animal article, trophy or uncured trophy or meat derived from any wild
animal referred to in clause (a) in respect of which any offence against this Act or
any rule or order made thereunder has been committed; shall be the property of
the State Government, and, where such animal is hunted in a sanctuary or
National Park declared by the Central Government, such animal or any animal
article, trophy uncured trophy or meat derived from such animal, shall be the
property of the Central Government.
(c) ivory imported into India and an article made from such ivory in respect of
which any offence against this Act or any rule or order made thereunder has been
committed;
(d) vehicle, vessel, weapon, trap or tool that has been used for committing an
offence and has been seized under the provisions of this Act;
(e) in the long paragraph, for the words “derived from such animal,” the words
“derived from such animal or any vehicle, vessel, weapon, trap or tool used in
such hunting,” shall be substituted
(2) Any person who obtains, by any means, the possession of Government property,
shall, within forty-eight hours from obtaining such possession, make a report as to the
obtaining of such possession to the nearest police station or the authorised officer and
shall, if so required, hand over such property to the officer-in-charge of such
policestation or such authorised officer, as the case may be.

(3) No person shall, without the previous permission in writing of the Chief Wild
Life Warden or the authorised officer-
(a) acquire or keep in his possession, custody or control, or

(b) transfer to any person, whether by way of gift, sale or otherwise, or
(c) destroy or damage, such Government property.
Declarations By the owner/ownership

(1) No person shall, after the commencement of this Act, acquire, receive, keep in his control,
custody or possession, sell, offer for sale or otherwise transfer or transport any animal
specified in Schedule I or Part II of Schedule II or any uncured trophy or meat derived from
such animal, or the salted or dried skins of such animal or the musk of a musk deer or the
horn of a rhinoceros, except with the previous permission in writing of the Chief Wild Life
Warden or the authorised officer.
(1A) No person other than a person having a certificate of ownership, shall after the
commencement of Wild Life (Protection) Amendment, act 2002 acquire, receive,
keep in his control, custody or possession any captive animal, animal article, trophy or
uncured trophy specified in Schedule I or Part II of Schedule II, except by way of
inheritance.
(1B) Every person inheriting any captive animal, animal article, trophy or uncured
trophy under sub-section (2A) shall, within ninety days of such inheritance
make a declaration to the Chief Wild Life Warden or the authorised officer and the
provisions of Section 41 and 42 shall apply as if the declaration had been made under
sub-section (1) of Section 40;
Provided that nothing in sub-section (2A) and (2B) shall apply to the live elephant
(2) Nothing in sub-section (1) or sub-section (2) shall apply to a recognised zoo
subject to the provisions of section 38-I or to a public museum.
Inquiry and preparation of inventories by CWW

(3) On receipt of a declaration made under sec.40, the Chief Wildlife Warden or the
authorised officer may, after such notice, in such manner and at such time as may be
prescribed
(a) enter upon the premises of a person referred to in Sec.40;
(b) make inquiries and prepare inventories of animal articles, trophies, uncured
trophies, salted and dried skins, and captive animals specified in Sch. I and Part 11
of
Sch. 11 and found thereon; and
(c) affix upon the animals, animal articles, trophies of uncured trophies, identification
marks in such manner as may be prescribed.
(2) No person shall obliterate or counterfeit any identification mark referred to in this
Chapter.
(3) The State Government may, by notification, require any person to declare to the Chief
Wild Life Warden or the authorised officer any animal article or trophy (other than a musk of
a musk deer or horn of a rhinoceros) or salted or dried skins derived from an animal specified
in Schedule I or Part II of Schedule II in his control, custody or possession in such form, in
such manner, and within such time, as may be prescribed.
Dealings in trophy and animal articles without licence prohibited

(1). Subject to the provisions of Chapter VA, no person shall, except under and in accordance
with, licence granted under sub-section (4)].
(a) commence or carry on the business as –

(i) a manufacturer of or dealer in, any animal article; or
(ii) a taxidermist; or
(iii) a dealer in trophy or uncured trophy; or
(iv) a dealer in captive animals; or
(v) a dealer in meat; or (b) cook or serve meat in any eating-house:
Provided further that nothing in this sub-section shall apply to the dealers in tail
feathers of peacock and articles made therefrom and the manufacturers of such
articles.

Prohibition of dealings in trophies, animal articles, etc., derived from
scheduled animals
(1) Subject to the other provisions of this section, on and after the specified date, no person
shall, - (a) commence or carry on the business as –
(i) a manufacturer of, or dealer in scheduled animal articles; or
(ii) a taxidermist with respect to any scheduled animals or any parts of such animals; or
(iii) a dealer in trophy or uncured trophy derived from any scheduled animal; or
(iv) a dealer in any captive animals being scheduled animals; or
(v) a dealer in meat derived from any scheduled animal; or
(b) cook or serve meat derived from any scheduled animal in eatinghouse.
Declaration by dealers
1) Every person carrying on the business or occupation referred to in sub-section
(1) of section 49B shall, within thirty days from the specified date, declare to the Chief Wild
Life
Warden or the authorised officer, -
(a) his stocks, if any, as at the end of the specified date of –
(i) scheduled animal articles;
(ii) scheduled animals and parts thereof;
(iii) trophies and uncured trophies derived from scheduled animals;
(iv) captive animals, being scheduled animals;
(v) ivory imported into India or articles made therefrom;
(b) the place or places at which the stocks mentioned in the declaration are kept; and
(c) the description of such items, if any, of the stocks mentioned in the declaration which he
desires to retain with himself for his bona fide personal use.

(2) On receipt of a declaration under sub-section (1), the Chief Wild Life Warden or the
authorised officer may take all or any of the measures specified in section 41 and for this
purpose the provisions of section 41 shall so far as may be, apply.
CHAPTER VI
PREVENTION AND DETECTION OF OFFENCES
Power of entry, search, arrest and detention –
(1) Any forest officer or any police officer not below the rank of a sub-inspector, may, if he
has reasonable grounds for believing that any person has committed an offence against this
Act.-
(a) require any such person to produce for inspection any captive animal, wild animal,
animal article, meat, [trophy, uncured trophy specified plant or part or derivative thereof]
in his control, custody or possession, or any licence, permit or other document granted to
him or required to be kept by him under the provisions of this Act;
(b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search
any premises, land, vehicle or vessel, in the occupation of such person, and open and
search any baggage or other things in his possession;
(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or
any specified plant or part or derivative thereof, in respect of which an offence against
this Act appears to have been committed, in the possession of any person together with
any trap, tool vehicle, vessel or weapon used for committing any such offence and,
unless he is satisfied that such person will appear and answer any charge which may be
preferred against him, arrest him without warrant, and detain him:
Provided that where a fisherman residing within ten kilometres of a sanctuary or National
Park, inadvertently enters on a boat, not used for commercial fishing, in the territorial water
in that sanctuary or National Park, a fishing tackle or net on such boat shall not be seized
(4) It shall be lawful for any of the officers referred to in sub-section (1) to stop and detain
any person, whom he sees doing any act for which a licence or permit is required under
the provisions of this Act, for the purposes of requiring such person to produce the
licence or permit and if such person fails to produce the licence or permit, as the case
may be, he may be arrested without warrant, unless he furnishes his name and address,
and otherwise satisfies the officer arresting him that he will duly answer any summons or
other proceedings which may be taken against him
(3) Any person detained, or things seized under the foregoing power, shall forthwith be taken
before a Magistrate to be dealt with according to law.
(4) Any person who, without reasonable cause, fails to produce anything, which he is
required to produce under this section, shall be guilty of an offence against this Act.
(5) Notwithstanding anything contained in any other law for the time being in force, any
officer not below the rank of an Assistant Director of Wild Life Preservation or Wild
Life Warden shall have the powers, for purposes of making investigation into any
offence against any provision of this Act:-
(a) to issue a search warrant;
(b) to enforce the attendance of witnesses;
(c) to compel the discovery and production of documents and material objects; and
(d) to receive and record evidence
Penalties
Any person guilty of an offence against this Act, and shall, on conviction, be punishable with
imprisonment shall not be less than Three years but may extend to seven years with a minimum
fine Rs. 25,000.
Schedul I
Part I : Mammals Part II: Amphibians and reptiles
1. Binturong (Arctictis binturong). 1. Crocodiles (Crocodilus porosus).
1. Crocodiles (Crocodilus porosus). 2. Gharial (Gavialis gangeticus).
2. Black Duck (Antelope cervicapra).
3. Brow-antlered deer (Cervus eldi). Part III Birds

4. Caracal (Felis caracal) 1. Bazas (Aviceda jeordoni)
5. Cheetah (Acinonyx jubatus). 2. Cheer Pheasant (Catreus wallichii).
6. Clouded leopard (Neofelis nebulosa) 3. Great Indian Bustard (Choriotis nigriceps).
7. Dugong (Dugong dugon) 4. Great Indian Hornbill (Buceros bicornis).
8. Fishing Cat (Felis viverrina). 5. Jerdon's Courser (Cursorius bitorquatus).
9. Golden Cat (Felis temmincki). 6. Lammergeier (Gypaetus barbatus).
10. Golden langur (Presbytis geei). 7. Large Falcons
11. Hispid hare (Caprolagus hispidus). 8. Mountain Quail (Ophrysia superciliosa).
12. Hoolock (Hylobates hoolock) 9. Narcondom Hornbill [Rhyticeros

13. Indian lion (Panthera leo persica). 10. Nicobar Megapode (Megapodius freycinet).
14. Indian Wild Ass (Equus hemionus khur). 11. Peafowl (Pavo cristatus).
15. Indian Wolf (Canis lupus). 12. Pinkheaded duck (Rhodonessa coryophyllacea).
16. Kashmir Stage (Cervus elaphus hanglu). 13. Scalter's Monal (Lophophorus sclateri).
17. Leopard cat (Felis bengalensis). 14. Siberian White crane (Grus leucogeranus).
18. Lesser or Red panda (Ailurus fulgens). 15. Tragopan Pheasants
19. Lion-tailed macaque (Macaca silenus). 16. Whitebellied Sea Eagle (Haliaetus leucogaster).
20. Loris (Loris tardigradus). 17. White-earned Pheasant (Crossoptilon crossoption).
21. Lynx (Felis lynx isabellinus). 18. White-winged Wood Duck (Cairina Scutulata).
22. Malabar Civet (Viverra megaspila). ….ManyMore….
….Many More….
Schedul II
Part I
1. Agra Monitor Lizard [Varanus griseus (Daudin) 13. Indian elephant (Elephas maximus).
2. Bengal Porcupine (Atherurus macrourus assamensis). 14. Leaf Monkey (Presbytis phayrei).
3. Bison or Gaur (Bos gaurus). 15. Malay or Sun bear (Helarctos malayanus).
4. Capped Langur (Presbytis pileatus). 16. Pig-tailed Macaque (Macaca nemestrina).
5. Crab-eating Macaque (Macaca irus umbrosa). 17. Pythons (Genus Python).
6. Dolphins (Dolphinus delphis). 18. Serow (Capricornis sumatraensis).
7. Ferret Badgers (Melogale moschatta). 19. Stump-tailed Macaque (Macaca speciosa).
8. Flying squirrels 20. Tibetan Antelope (Panthelops hodgsoni).
9. Giant squirrels (Ratufa macroura, Rafuta indica) 21. Water Lizard (Varanus salvator).
10. Himalayan Brown bear (Ursus arctos). 22. Wild Dog or Dhole (Cuon alpinus).
11. Himalayan crestless Porcupine (Hystrix hodgsoni). 23. Wild yak (Bos grunniens).
12. Hog badger (Arctonyx collaris).
PART II
1. Leopard or Panther (Panthera pardus).
2. Nilgiri langur (Presbytis johni).
3. Nilgiri Thar (Hemitragus hylocrius).
Schedule III Schedule IV

Big game Small game
1. Andaman Wild Pig (Sus
andamanensis). 1. Desert cat (Felis libyca).
2. Barking deer or Muntjac (Muntiacus muntjak). 2. Desert fox (Vulpes bucopus).
3. Bharal (Ovis nahura). 3. Ermine (Mustela erminea).
4. Chinkara or Indian Gazelle (Gazella gazella bennetti). 4. Hares (Black naped, Common Indian).
5. Marmots (Marmota bobak
5. Chital (Axis axis). himalayana).
6. Four-horned antelope (tetraceros quadricornis). 6. Martens (Martns foina intermedia).
7. Otters (Lutra lutra, Lutra
7. Gorals (Nemorhaedus goral). perspicillata,).
8. Himalayan black 8. Red fox (Vulpes vulpes).
9. Himalayan Ibex (Capra ibex). 9. Tibetan fox (Vulpes ferrilatus).
10. Himalayan thar (Hemitragus 10. Weasels (Mustela sibirica,).
jemlahicus).
11. Hog deer (Axis porcinus).
…….Many More….
Birds (other than those sub-species and species mentioned in Part III of Schedule I
or in Schedule V, and belonging to the families listed below
6. Chaffinches
1. Barbets (Capitonidae). (Fringillinae).
2. Barn Owls (Tytoninae). 7. Cranes (Gruidae).
3. Blud-birds (Irenidae). 8. Ducks (Anatidae).
4. Bustards (Otididae). 9. Emerald Dove
10. Falcons
5. Bustard-QUail (Turnicidae). (Falconidae).

PREAMBLE
In Resolution No.13/52/F, dated the 12th May, 1952, the Government of India in the erstwhile Ministry of Food
and Agriculture enunciated a Forest Policy to be followed in the management of State Forests in the country.
However, over the years,* forests in the country have suffered serious depletion. This is attributable to relentless
pressures arising from ever-increasing demand for fuelwood, fodder and timber; inadequacy of protection
measures; diversion of forest lands to non-forest uses without ensuring compensatory afforestation and essential
environmental safeguards; and the tendency to look upon forests as Revenue earning resource. The need to
review the situation and to evolve, for the future, a new strategy of forest conservation has become imperative.
Conservation includes preservation, maintenance, sustainable utilisation, restoration, and enhancement of the
natural environment. It has thus become necessary to review and revise the National Forest Policy. BASIC
OBJECTIVES The basic objectives that should govern the National Forest Policy - are the following: •
Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological
balance that has been adversely disturbed by serious depletion of the forests of the country. • Conserving the
natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and
fauna, which represent the remarkable biological diversity and genetic resources of the country. • Checking soil
erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the "interest of soil and water
conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs. Checking the
extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts. • Increasing substantially
the forest/tree cover in the country through massive afforestation and social forestry programmes, especially on
all denuded, degraded and unproductive lands. • Meeting the requirements of fuel-wood, fodder, minor forest
produce and small timber of the rural and tribal populations. • Increasing the productivity of forests to meet
essential national needs. • Encouraging efficient utilisation of forest produce and maximizing substitution of
wood. • Creating a massive people's movement with the involvement of women, for achieving these objectives
and to minimise pressure on existing forests. The principal aim of Forest Policy must be to ensure
environmental stability and maintenance of ecological balance including atmospheric equilibrium which are

vital for sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit must be
subordinated to this principal aim.
ESSENTIALS OF FOREST MANAGEMENT
1. Existing forests and forest lands should be fully protected and –their productivity improved. Forest and
vegetal cover should be increased rapidly on hill slopes, in catchment areas of rivers, lakes and reservoirs and
ocean shores and, on semi-arid, and and desert tracts. 2. Diversion of good and productive agricultural lands to
forestry should be discouraged in view of the need for increased food production. 3. For the conservation of
total biological diversity, the network of national parks, sanctuaries, biosphere reserves and other protected areas
should be strengthened and extended adequately. 4. Provision of sufficient fodder, fuel and pasture, specially in
areas adjoining forest, is necessary in order to prevent depletion of forests beyond the sustainable limit. Since
fuelwood continues to be the predominant source of energy in rural areas, the programme of afforestation should
be intensified with special emphasis on augmenting fuelwood production to meet the requirement of the rural
people. 5. Minor forest produce provides sustenance to tribal population and to other communities residing in
and around the forests. Such produce should be protected, improved and their production enhanced with due
regard to generation of employment and income.
STRATEGY
1. Area under Forests The national goal should be to have a minimum of one-third of the total land area of the
country under forest or tree cover. In the hills and in mountainous regions, the aim should be to maintain two-
third of the area under such cover in order to prevent erosion and land degradation and to ensure the stability of
the fragile eco-system.
2 Afforestation, Social Forestry & Farm Forestry 1 A massive need-based and time bound programme of
afforestation and tree planting, with particular emphasis on fuelwood and fodder development, on all degraded
and denuded lands in the country, whether forest or non-forest land, is a national imperative. 2 It is necessary to
encourage the planting of trees alongside of roads, railway lines, rivers and streams and canals, an d on other
unutilised lands under State/corporate, institutional_ or private ownership. Green belts should be raised in
urban/industrial areas as well as in arid tracts. Such a programme will help to check erosion and desertification
as well as improve the microclimate.
3 Village and community lands, including those on foreshores and environs of tanks, not required for other
productive uses, should be taken up for the development of tree crops and fodder resources. Technical assistance
and other inputs necessary for initiating such programmes should be provided by the Government. The
revenues generated through such programmes should belong to the panchayats where the lands are vested in
them; in all other cases, such revenues should be shared with the local communities in order to provide an
incentive to them. The vesting, in individuals, particularly from the weaker sections (such as landless labour,
small and marginal farmers, scheduled castes, tribals, women) of certain ownership rights over trees, could be
considered, subject to appropriate regulations; beneficiaries would be entitled to usufruct and would in turn be
responsible for their security and maintenance.
4 Land laws should be so modified wherever necessary so as to facilitate and motivate individuals and
institutions to undertake tree-farming and grow fodder plants, grasses and legumes on their own land. Wherever
degraded lands should be made available for this purpose either on lease or on the basis of a tree-patta 3.
Management of State Forests 1 Schemes and projects which interfere with forests that clothe steep slopes,
catchments of rivers, lakes, and reservoirs, geologically unstable terrain and such other ecologically sensitive
areas should be severely restricted. Tropical rain/moist forests, particularly in areas like Arunachal Pradesh,
Kerala, Andaman & Nicobar Islands, should be totally safeguarded. 2 No forest should be permitted to be
worked without - the Government having approved the management plan, which should be in a prescribed
format and in keeping with the National Forest Policy. The Central Government should issue necessary
guidelines to the State Governments in this regard and monitor compliance. 3 In order to meet the growing
needs for essential goods and services which the forests provide, it is necessary to enhance forest cover and
productivity of the forests through the application of scientific and technical inputs. Production forestry
programmes, while aiming at enhancing the forest cover in the country, and meeting national needs, should also
be oriented to narrowing, by the turn of the century, the increasing gap between demand and supply of
fuelwood. No such programme, however, should entail clear-felling of adequately stocked natural forests. Nor
should exotic species be introduced, through public or private sources, unless long-term scientific trials
undertaken by specialists in ecology, forestry and agriculture have established that they are suitable and have no
adverse impact on native vegetation and environment.
4 Rights and Concessions
1 The rights and concessions, including grazing, should always remain related to the carrying capacity of
forests. The capacity itself should be optimised by increased investment, silvicultural research and development
of the area. Stall-feeding of cattle should be encouraged'. The requirements of the community, which cannot be
met by the rights and concessions so determined, should be met by development of social forestry outside the
reserved forests. 2 The holders of customary rights and concessions in forest areas should be motivated to
identify themselves with the protection and development of forests from which they derive benefits. The rights
and concessions from forests should primarily be for the bonafide use of the communities living within and
around forest areas, specially the tribals. 3 The life of tribals and other poor living within and near forests
revolves around forests. The rights and concessions enjoyed by them should be fully protected. Their domestic
requirements of fuelwood, fodder, minor forest produce and construction timber should be the first charge on
forest produce. These and substitute materials should be made available through conveniently located depots at
reasonable prices.
4 Similar consideration should be given to scheduled castes and other poor living near forests. However, the
area, which such consideration should cover, would be determined by the carrying capacity of the forests. 5
Wood is in short supply. The long-term solution for meeting the existing gap lies in increasing the productivity
of forests, but to relieve the existing pressure on forests for the demands of railway sleepers, construction
industry (particularly in the public- sector), furniture and panelling, mine-pit props, paper and paper board etc.
substitution of wood needs to be taken recourse to. Similarly, on the front of domestic energy, fuelwood needs
to be substituted as far as practicable with alternate sources like bio-gas, LPG and solar energy. Fuel-efficient
"Chulhas" as a measure of conservation of fuelwood need to be popularised in rural areas.
5 Diversion of Forest Lands for Non-forest purposes 1. Forest land or land with tree cover should not be -
treated merely as a resource readily available to be utilised for various projects and programmes, but as a
national asset which requires to be properly safeguarded for providing sustained benefits to the entire
community. Diversion of forest land for any non-forest purpose should be subject to the most careful
examinations by specialists from the standpoint of social and environmental costs and benefits. Construction of
dams and reservoirs, mining and industrial development and expansion of agriculture should be consistent with
the needs for conservation of trees and forests. Projects which involve such diversion should at least provide in
their investment budget, funds for regeneration/compensatory afforestation.
2 Beneficiaries who are allowed mining and quarrying in forest land and in land covered by trees should' be
required to repair and re-vegetate the area in accordance with established forestry practices. No mining lease
should be granted to any party, private or public, without a proper mine management plan appraised from the
environmental angle and enforced by adequate machinery. 6. Wildlife Conservation Forest Management should
take special care of the needs of wildlife conservation, and forest management plans should include
prescriptions for this purpose. It is specially essential to provide for "corridors" linking the protected areas in
order to maintain genetic continuity between artificially separated sub-sections of migrant wildlife.
7. Tribal People and Forests Having regard to the symbiotic relationship between the tribal people and forests, a
primary task of all agencies responsible for forest management, including the forest development corporations
should be to associate the tribal people closely in the protection, regeneration and development of forests as well
as to provide gainful employment to people living in and around the forest. While safeguarding the customary
rights and interests of such people, forestry programmes should pay special attention to the following: • One of
the major causes for degradation of forest is illegal cutting and removal by contractors and their labour. In order
to put, an end to this practice, contractors should be replaced by institutions such as tribal cooperatives, labour
cooperatives, government corporations, etc. as early as possible; • Protection, regeneration and optimum
collection of minor forest produce along with institutional arrangements for the marketing of such produce; •
Development of forest villages on par with revenue villages; • Family oriented schemes for improving the status
of the tribal beneficiaries; and Undertaking integrated are a development programmes to meet the needs of the
tribal, economy in and around the forest areas, including the provision of alternative sources of domestic energy
on a subsidised basis, to reduce pressure on the existing forest areas. 8 Shifting Cultivation Shifting cultivation
is affecting the environment and productivity of land adversely. Alternative avenues of income, suitably
harmonised with the right landuse practices, should be devised to discourage shifting cultivation. Efforts should
be made to contain such cultivation within the area already affected, by propagating improved agricultural
practices. Area already damaged by such cultivation should be rehabilitated through social forestry and energy
plantations. 9. Damage to Forests from Encroachments, Fires and Grazing 1. Encroachment on forest lands has
been on the increase. This trend has to be arrested and effective action taken to prevent its continuance. There,
should be no regularisation of existing encroachments.
2. The incidence of forest fires in the country is high. Standing trees and fodder are destroyed on a large scale
and natural regeneration annihilated by such fires. Special precautions should be taken during the fire season.
Improved and modern management practices should be adopted to deal with forest fires. 3 Grazing in forest
areas should be regulated with the involvement of the community Special conservation areas, young plantations
and regeneration areas should be fully protected. Grazing and browsing in forest areas need to be controlled.
Adequate grazing fees should be levied to discourage people in forest areas from maintaining large herds of
non-essential livestock. 10. Forest-based Industries The main considerations governing the establishment of
forest-based industries and supply of raw material to them should be as follows:
• As far as possible, a forest-based industry should raise the raw material needed for meeting its own
requirements, preferably by establishment of a direct relationship between the factory and the individuals who
can grow the raw material by supporting the individuals with inputs including credit, constant technical advice
and finally harvesting and transport services. • No forest-based enterprise, except that at the village or cottage
level, should be permitted in the future unless it has been first cleared after a careful scrutiny with regard to
assured availability of raw material. In any case, the fuel, fodder and timber requirements of the local population
should not be sacrificed for this purpose.
• Forest-based industries must not only provide employment to local people on priority but also involve them
fully in raising trees and raw-material. • Natural forests serve as a gene pool resource and help to maintain

ecological balance. Such forests will not, therefore, be made available to industries for ' undertaking plantation
and for any other activities.
• Farmers, particularly small and marginal farmers, would be encouraged to grow, on marginal/degraded lands
available with them, wood species required for industries. These may also be grown along with fuel and fodder
species on community lands not required for pasture purposes, and by Forest department/corporations on
degraded forests, not earmarked for natural regeneration.
• The practice of supply of forest produce to industry at concessional. prices should cease. Industry should be
encouraged to use alternative raw materials. Import of wood and wood products should be liberalised.
11. Forest Extension Forest conservation programme cannot succeed without the willing support and
cooperation of the people. It is essential, therefore, to inculcate in the people, a direct interest in forests, their.
development and conservation, and to make them conscious of the value of trees, wildlife and nature in general.
This can be achieved through the involvement of educational institutions, right from the primary stage. Farmers
and interested people should be provided opportunities through institutions like Krishi Vigyan Kendras,
Trainers' Training Centres to learn agrisilvicultural and silvicultural techniques to ensure optimum use of their
land and water resources. Short term extension courses and lectures should be organised in order to educate
farmers. For this purpose, it is essential that suitable programmes are propagated through mass media, audio-
visual aids and the extension machinery.
12 Forestry Education Forestry should be recogr1ised both as a scientific discipline as well as a profession.
Agriculture universities and institutions, dedicated to the development of forestry education should formulate
curricula and courses for imparting academic education and promoting postgraduate research and professional
excellence, keeping in view the manpower needs of the country. Academic and professional qualifications - in
forestry should be kept in view for recruitment to the Indian Forest Service and the State Forest Service.
Specialised and orientation courses far developing better management skills by inservice training need to be
encouraged, taking into account the latest development in forestry and related disciplines.
13 Forestry Research With the increasing recognition of the importance of forests for environmental health,
energy and employment, emphasis must be laid on scientific forestry research, necessitating adequate
strengthening of the research base as well as new priorities for action. Some broad priority areas of research and
development needing special attention are: • Increasing the productivity of wood and other forest produce per
unit of area per unit time by the application of modern scientific and technological methods.
• Revegetation of barren/marginal/waste/mined lands and watershed areas. • Effective conservation and
management of existing forest resources (mainly natural forest eco-systems). • Research related to social
forestry for rural/ tribal development.
• Development of substitutes to replace wood and wood products. • Research related to wildlife and
management of national parks and sanctuaries.
14 Personnel Management Government policies in personnel management for professional foresters and forest
scientists should aim at enhancing their professional competence and status and attracting and retaining
qualified - and motivated personnel, keeping in view particularly -the Arduous nature of duties they have to
perform, often in remote and inhospitable places.
15 Forest Survey and Data Base Inadequacy of data regarding forest resources is a matter of concern because
this creates a false sense of complacency. Priority needs to. be accorded to completing the survey of forest
resources in the country on scientific lines and to updating information. For this purpose, periodical collection,
collation and publication of reliable data on relevant aspects of forest management needs to be improved with
recourse to modern technology and equipment.
16 Legal Support and Infrastructure Development Appropriate legislation should be undertaken, supported by
adequate infrastructure, at the Centre and State levels in order to implement the Policy effectively.
17 Financial Support for Forestry The objectives of this revised Policy cannot be achieved without the
investment of financial and other resources on a substantial scale. Such investment is indeed fully justified
considering the contribution of forests in maintaining essential ecological processes and life support systems and
in preserving genetic diversity. Forests should not be looked upon as a source of revenue. Forests are a
renewable natural resource. They are a national asset to be protected and enhanced for the well-being of the
people and the Nation
FOREST (CONSERVATION) ACT, 1980

**************************************************
Content
Table showing Enlist of Chapters, Parts and Particulars, Annexures
Part Part Subject
A Forest (Conservation) Act, 1980 amendments made in 1988
B Forest (Conservation) Act, 2003 with amendments made in 2004
C Guidelines & Clarifications
Chapter-I: Application of Forest (Conservation) Act, 1980

Chapter-II: Submission of Proposals
Chapter-III: Compensatory Afforestation
Chapter-IV: Some Clarifications
Chapter-V: Conditions stipulated in forestry clearances
Annexures
Supreme Court Orders
Supreme Court Orders
Law Department’s advice with regard to mining leases
Regularisation of encroachments on forest lands
Review of disputed claims over forest lands
Conversion of forest villages into revenue villages

Guidelines for laying of transmission lines
Cost-benefit analysis
Proforma for State/District Profile
FOREST (CONSERVATION) ACT, 1980

AMENDMENT MADE IN 1988
An Act to provide for the CONSERVATION OF FORESTS and for

MATTERS connected therewith or ancillary or incidental thereto
Sections Particulars
1 Short title, extent and commencement
2 Restriction on the de-reservation of forests or use of forest land for
non-forest purpose
3 Constitution of Advisory Committee
3A Penalty for contravention of the provisions of the Act
3B Offences by authorities and Government departments
4 Power to make rules
5 Repeal and saving
Section 1. Commencement
(1) This Act may be called the Forest (Conservation) Act, 1980.
(2) It extends to the whole of India except the State of Jammu & Kashmir.
(3) It shall be deemed to have come into force on the 25th October, 1980.
Restriction on the de-reservation of forests or issue of
forest land for non-forest purpose
(Section 2)
Notwithstanding anything contained in any other law for the time being in force in a State,
“NO State Government or other authority shall make”, except with the prior approval
of the Central Government, any order directing –
(i) that any reserved forest (within the meaning of the expression “reserved forest” in any
law
for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise
to
an private person or to any authority, corporation, agency or any other organisation not
owned, managed or controlled by Government;
(iv) that any forest land or any portion thereof may be cleared of trees which have grown
naturally in that land or portion, or the purpose of using for re-afforestation.
“Non-Forest Purpose” means the BREAKING or CLEARING any forest land or portion
thereof
For…….
(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants,
horticultural
crops or medicinal plants
(b) any purpose other than re-afforestation, but does not include any work relating
to
conservation, development and management of forests and wildlife, namely, the
establishment of check-posts, fire lines, wire-less communications and
construction of fencing, bridges and culverts, dams, waterholes, trench marks,
boundary marks, pipelines or other like purposes.

Penalty for contravention of the provisions of the Act
(Section 3A)
Whoever, contravenes or abets the contravention of any of the provisions of Section 2, shall
be punishable with simple imprisonment for a period which may extend to fifteen days.
Offences by Authorities and Government Departments

(Section 3B)
(1) Where any offence under this Act has been committed…..,
(a) by any department of Government, the head of the department; or
(b) by any authority, every person who, at the time the offence was committed,
was directly in charge of, and was responsible to, the authority for the conduct of
the business of the authority as well as the authority; shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render the head of the department or
any person referred to in clause (b), liable to any punishment if he proves that the offence
was committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
Power to make rules

(Section 4)
The Central Government may, by notification in the Official Gazette, make rules for carrying
out the provisions of this Act.
PART – B
FOREST (CONSERVATION) RULES, 2003
In exercise of the powers conferred by sub-section (1) of section 4 of the
Forest (Conservation) Act, 1980, and REPLACING of the Forest
(Conservation) Rules, 1981.
(1) These rules may be called the Forest (Conservation) Rules, 2003
(2) They shall extend to the whole of India Except the State of Jammu and Kashmir.
Constitution of Advisory Committee

(Section 3)
The Central Government may constitute a Committee consisting of such number of persons
as it may deem fit to ADVISE that Government
(a) Chairperson-- Director General of Forests, Ministry of Environment and Forests (MoEF)
(b) Member -- Additional Director General of Forests, Ministry of Environment and Forests
(c) Member--Additional Commissioner (Soil Conservation), Ministry of Agriculture
(d) Member-- Three eminent experts in forestry and allied disciplines (non-officials)
(e) Member Secretary--Inspector General of Forests (Forest Conservation), MoEF
(f) Additional Director General of Forests shall act as the Chairperson in the absence of
Director
General of Forests.
PART – C
Chapter I
APPLICATION OF FOREST (CONSERVATION) ACT,
1980
Definitions…
The term ‘Forest land’ refers to “reserved forest, protected forest or any area recorded as
forest” in the Government records. Lands which are notified under Section 4 of the India
Forest Act would also come within the purview of the Act.
The term “forest” shall NOT be applicable to the Plantations raised on private lands,
except notified private forests.
However, felling of trees in these private plantations shall be governed by various State
Acts and Rules. Felling of trees in notified private forests will be as the working
plan/management plant duly approved by Government of India.
1. Clarifications……
(i) A prior approval of the Central Government would be necessary:-
The cases in which specific orders for De-reservation or diversion of forest areas in
connection with any project were issued by the State Government prior to 1980, need not be
referred to the Central Government. However, in cases where only administrative approval
for the project was issued without specific orders regarding de-reservation and/or diversion of
forest lands
(ii) Harvesting of fodder grasses, legumes etc. which grow naturally in forest areas,
without
removal of the tree growth, will not require prior approval of the Central Government.
However, lease of such areas to any organization or individual would necessarily require
approval under the Act.
(iii) The forest policy, as well as provisions of the Forest (Conservation) Act, 1980, do not
interfere in any manner or restrict the Nistar, Recorded Rights, Concessions And Privileges of
the local people for bonafide domestic use as granted by the State Governments under Indian
Forest Act, 1927 or State Forest Acts/Regulations.
The collection of such forest produce should be MANUAL and should be transported through
local modes or transport like bullock carts, camel carts, etc. and NO mechanised vehicles
shall be allowed to be used in transporting such forest produce and only in exceptional cases
with the approval of concerned Divisional Forest Officers, tractors mounted with trolley may
be used.
2. Investigation and Survey
(i) Investigations and surveys carried out in connection with development projects such as
transmission lines, hydro-electric projects, seismic surveys do not involve any clearing of
forest or cutting of trees, and operations are restricted to clearing of bushes and lopping of
branches for purpose of sighting.

(ii) If, however, investigations and surveys involve clearing of forest area of felling of tress,
prior
permission of the Central Government is mandatory.
(iii) Survey, investigation and exploration shall not be carried out in Wildlife Sanctuaries,
National Parks and sample plots demarcated by the Forest Department without obtaining the
prior approval of the Central Government, whether or not felling of trees in involved.
(iv) The work of actual construction would however, fully attract the provisions of the Act
and
prior clearance of the Central Government must be obtained even if such work does not
require felling of trees.
(v) Prospecting of any mineral, done under prospecting license granted under Mine Mineral
Development and Regulation Act 1957 (MMDR), which requires collection/removal of
samples from the forest land, would be a stage between survey & investigation and grant
of
mining lease and as such permission under Forest (Conservation) Act, 1980 would be
required.
However, test drilling upto 10 bore holes of maximum 4 inch diameter per 100 sq. km. for
prospecting, exploration or reconnaissance operations, without felling of trees, shall not
attract the provisions of the Act. In all other cases involving more number of drilling of bore
holes, prior permission of the Central Government under the Act would be required.
3. Cultivation for Non-Forest Purpose

(i) Cultivation of tea, coffee, spices, rubber and palm is a non-forestry activity, attracting
the
provisions of the Act.
(ii) Cultivation of fruit-bearing trees or oil-bearing plants or medicinal plants would

also require prior approval of the Central Government except when………
(a) The species to be planed are INDIGENOUS to the area in question; and
(b) Such planting activity is part of an overall afforestation programme for the
forest area in question.
4. Lac (Tusser) Cultivation

(i) LAC cultivation in forest areas by the tribles as a means of their livelihood without
undertaking mono-cultural Asan (T. tomentosa) or Arjun (T. arjuna) plantations shall be
treated as a forestry activity. Therefore, no prior approval of the Central Government under
the Acts is necessary.
(ii) Tusser cultivation in forest areas for which specific plantation of Asan or Arjun trees are
undertaken for providing host trees to the silk cocoons shall be treated as forestry activity
not requiring prior approval of the Central Government provided such plantation activity does
not involve any felling of existing trees; provided further that while undertaken such
plantations, at
least three species are planted, of which no single species shall cover more than 50% of the
planted area.
(iii) Plantation of mulberry for silkworm rearing is a non-forestry activity, attracting the
provisions of the Act.
5. Mining………….
(i) Mining is a non-forestry activity. Therefore, prior approval of the Central Government is
essential before a mining lease is granted in respect of any forest area. The Act would apply
not only to the surface area beneath the forest. A renewal of an existing mining lease in a
forest area also requires the prior approval of the Central Government.
(CONTINUATION OR RESUMPTION OF MINING LEASE WITHOUT PRIOR APPROVAL WOULD AMOUNT TO CONTRAVENTION OF THE ACT).
(iii) Boulders, bajri, stone, etc., in the river beds located within forest area as would constitute
a part of the forest land and their removal would require prior approval of the Central
Government.
Case Study on Violation of FCA, 1980

Kudremukh Iron Ore Company
KIOCL Limited, formerly Kudremukh Iron Ore Company Limited is a Government of
India enterprise with its head office and administrative activities in Bangalore. It has
a pelletisation plant in Mangalore and had an iron ore mine in Kudremukh(Chikkamagaluru district).
The Kudremukh mine, one of the largest iron ore mines in the world, was closed in 2006.
The captive mining took place at Kudremukh on the Western Ghats range. The mined ore was
transported 110 km through slurry pipelines running through the districts of Udupi and Dakshina
Kannada up to the pelletisation plant in Panambur,adjacent to the premises of the New Mangalore
Port.
The Kudremukh Iron Ore Company Ltd. plant in Mangalore. The land lease be renewed for 99 years.
The pellet plant with a capacity of 3.5 million tons per annum was commissioned at Mangalore in
1987. The plant was stopped in 2011 but in 2014 the plant resumed producing and exporting pellets,
running on ores supplied by NMDC Limited The pellets have been shipped to countries like China,
Iran, Japan, and Taiwan.
In 2017 there were plans to restart captive mining operations,

Kudremukh National Park which is spread over an area of 563 sq. kms and falls in three
districts namely, Dakshina Kannada district (158 Sq. Kms), Udupi district (89 Sq. Kms) and
Chikmagalur district (316 Sq. Kms.). Kudremukh was initially notified as a national park when
Government of Karnataka identified lion-tailed macquae as an endangered species specific to the
region under the purview of the Wildlife (Protection) Act, 1972 which disallows any non-forestry
operations, including mining, within a protected area.
Controversies
The mining lease was given to KIOCL in Kudremukh for a period of 25 years and was supposed to be
closed by December 2001. Kudremukh area is a biodiversity hotspot, with Kudremukh national
park nearby. The mining lease was temporarily extended, however, it was completely stopped in 2006
due to environmental reasons.
Supreme Court Intervention

The Public Interest Litigation (PIL) based judicial activism has transformed from an passive arbiter of
ordinary disputes and giving relief to the disadvantaged groups, the Supreme Court gained in stature
and legitimacy covering a wide cases such as industrial pollution, violations of Forest Conservation
Act.
In 2016 KIOCL planned to develop a commercial resort in the Kudremukh national park, refurbishing
some of its buildings, unused since the closure of the mine. The project had not obtained an
environmental clearance. In October 2016 the Ministry of Environment and Forests ordered to
immediately stop the work.
6. Diversions of Forest Land for Regularisation of Encroachments–
(i) Detailed guidelines issued in this regard vide this Ministry shall be strictly followed.
These
are included in Annexure IV (seen later pages)
(ii) The State Government/Union Territory Administration may sent the proposals as
follows:-
(a) A consolidated proposal for the whole State in the prescribed application form.
(b) Detailed information as per the enclosed Table/format – Annexure – IV-A.
(c) Detailed compensatory afforestation scheme with area proposed for raising
compensatory afforestation Division-wise, phased planning, fund requirement,
commitment of the State Government to provide funds for the purpose, etc. Maps of
proposed areas for compensatory afforestation should be kept already at Division
level, which may be made available whensoever required for inspection.
Other Forest Conservation Rules, 2003

 Review of Disputed Claims over Forest Land, arising out of Forest Settlement. –
shall
be strictly followed
 Disputes Regarding Pattas/Leases/Grants involving Forest Land – Settlement
thereof-
shall be strictly followed as per the guidelines and rules
 Conversion of Forest Villages into Revenue Villages. – guidelines and rules shall be
strictly followed
CHAPTER – II
Submission of Proposals
(i) Rule 6 of the Forest (Conservation) Rules, 2003 prescribes the procedure for submission
of proposals for seeking prior approval of the Central Government under Section 2 of the
Act. The form appended to the Rules,
(ii) All proposals relating to diversion of forest land upto 40 hectares for clearing of
naturally grown trees for reforestation shall be directly to the concerned Regional
Office of the MOEF by the State/Union Territory Government or other authority. All
other proposals shall be sent by the State/Union Territory Government or other authority to
Secretary to the Government of India, MOEF.
For small development and public utility projects involving diversions of forest land upto 5
hectares, the State Government may authorize the Nodal Officer or any other Officer to
submit the proposals directly to the Regional Officers.
(iv) Wherever, RE-DIVERSION of forest land becomes essential, State Government

should seek the prior permission of the Central Government details of the earlier
approval and the proposed activity details in letter form rather than initiating a fresh
proposal.
(vi) The State Governments are advised not to consider/process cases, which are
pending in various Courts or are sub-judice, to avoid all sorts of administrative and
legal complications.
(vii) In order to ensure that the forest lands are diverted only for site specific projects, that
too where it is EN-ESCAPABLE, so that the ecological balance of the country is well
protected, the respective State/Union Territory Administration, should give due consideration
to the following and should submit proposal accordingly after detailed scrutiny.
(1) Diversion of forest land within Reserve Forest. – As per the State of Forest
Report, 2001 published by Forest Survey of India, out of 76.84 million hectare of total
forest area, roughly 55% of Reserve Forest area. These forests are considered as good
forest with plenty of bio diversity and it is necessary to keep these forests intact. As
such, any proposal for diversion in Reserve Forest should be very carefully examined
and detailed justification after exhausting all alternatives for locating the project in this
forest area should be given while forwarding the proposal.
2. Regarding Mining proposals. – It has been observed by the Central Government

that a large number of proposals elating to mining are submitted which are located
deep inside the forest areas. Locating such proposals inside makes entire forest area
vulnerable due to ancillary activities like construction of approach road, movement of
vehicles and coming up of colonies for the workers. It has also been observed that
whatever are has already been opened up for mining. are exhausted minerals.
Alongwith this, the State Government should also submit details of all other mining leases for
that particular mineral with their capacity and average annual production and projected future
requirements. They should fully justify the necessity of opening new mining leases for that
particular mineral. Mining plan should be approved by the competent authority for concerned
minerals e.g. for coal it should be approved by Controller of Coal and for major
minerals by IBM and so on.
3. Diversion for non-site specific projects. – A large number of proposals for

diversion of forest land for non-site specific projects like industries, construction of
residential colonies, institutes, disposal of fly ash, rehabilitation of displaced persons,
etc. are received by the Central Government. Attention is drawn to items 1(iv) and 8 of
the for their rejection has to be furnished. Therefore, the State Government should
scrutinize the alternatives in more details and must give complete justification
establishing its inescapability for locating the project in forest area.
4. In has been observed that in respect of many proposals, the Central Government receives
representation from NGOs/local public bodies against the diversion of forest land or
loss of forest land, environment and ecological grounds. It is felt that it is essential to
have the opinion of the local people, whenever a project is coming up in the area.
Therefore, whenever any proposal for diversion of forest land is submitted, it

should be accompanied by a resolution of the ‘Aam Sabha’ of gram
Panchayat/Local Body of the endorsing the proposal that the project is in the
interest of people living in and around the proposed forest land except in cases
wherever consent of the local people in one form or another has been obtained by
the State or the project proponents and the same is indicated in the proposal
explicitly.
However, it would be required where the project activity on forest land is affecting quality of
life of the people residing n nearby areas of the site of diversion; like mining projects,
displacement of people in submergence area, etc. It is further clarified that such resolution
would not be required in following cases:
(a) Project requires public hearing in order to get ENVIRONMENT CLEARANCE. However,
a copy of public hearing may be furnished alongwith the proposal in such cases.
(b) For projects like construction of roads, canals, laying of pipelines/ optical fibres and
transmission lines etc., where linear diversion of forest land in several villages are involved.
(c) Proposals involving diversion of private forest lands.
(d) In case of small public utility projects like drinking water, schools, hospitals which are
for the welfare of local people.
5. Proposals Requiring Clearance from Environmental Angle. –
(i) The projects covered under notifications issued from time to time under Environment
(Protection) Act, 1986, shall require clearance separately from environmental angle, as
per procedure laid down by the Environment Wing of the Ministry of Environment and
Forests. Environmental clearance where required should be applied for separately and
simultaneously.
(ii) Notwithstanding the above, if in the opinion of the Ministry or the Advisory
Committee, any proposal should be examined from the environmental angle, it may be
required that the project proponent refer the case to the Environment Wing of the MoEF.
(iii) For projects requiring clearance from forest as well as environment angles, separate
communications of sanction will be issued, and the project would be deemed to be
cleared only after clearance from both angles.
6. Diversion of Forest Land for Widening or Realignment of Road/

Rail/Canal–

(i) Such lands which had been acquired by Government Departments like Railway, Irrigation,
PWD, etc. for specific purposes like laying of roads, railway lines and canals and the vacant
area was planted up with trees and these lands are not yet notified as protected forests will
not attract the provisions of Forest (Conservation) Act, 1980 for the purpose of widening or
expansion or re-alignment. However, the concerned agency will seek permission under local
laws, if any, from appropriate authority.
(ii) Such lands which were acquired by the above departments and the vacant areas were
subsequently planed and notified as protected forests for management purposes will need
approval from the Central Government under Forest (Conservation) Act, 1980. The user
agency will submit the proposal in the prescribed format through the State Forest Department
to the concerned Regional Office of the Ministry.
Cost-Benefit Analysis
(i) While considering proposal for DE-RESERVATION or diversion of forest land non-forest
use, it is essential that ecological and environmental losses and eco-economic distress caused
to the people who are displaced are weighted against economic and social gains.
(ii) Annexure VI (a) details the types of projects for which cost-benefit analysis will be
required. Annexure VI (b) lists the parameters according to which the cost aspect will be
determined, while Annexure VI (c) gives the parameters for assessing the benefits accruing.
(iii) A cost-benefit analysis as above should accompany the proposals sent to the Central
Government for clearance under the Act.
CHAPTER 3
Compensatory Afforestation
1. Compensatory Afforestation–
(i) Compensatory afforestation is one of the most important conditions stipulated by the
Central Government while approving proposals for dereservation or diversion of forest land
for non-forest uses. It is essential that all such proposals, a comprehensive scheme for
compensatory afforestation is formulated and submitted to the Central Government.

(ii) The comprehensive scheme shall include the details of non-forest/degraded forest area
identified for compensatory afforestation, map of areas to be taken up for compensatory
afforest, year-wise phased forestry operations, details of species to be planted and s suitability
certificate from afforestation/management point of view alongwith the cost of structure of
various operations.
(iii) Sometimes the compensatory afforestation schemes are being submitted at such a cost
structure, which is at variance with the cost norms for the same area. The compensatory
afforestation schemes, no doubt has to be site specific and thus per hectare rate will vary
according to species, type of forest and site. In this regard, it has been decided that henceforth
the compensatory afforestation schemes which are being submitted alongwith the proposals
for forestry clearance, must have technical and administrative approval from the competent
authority and should be in conformity with cost norms based on species, type of forest and
site.
2 Land for Compensatory Afforestation. –

(i) Compensatory afforestation shall be done over equivalent area of non-forest land.
(ii) As far as possible, the non-forest land for compensatory afforestation should be identified
contiguous to or in the proximity of Reserved Forest or Protected Forest to enable the Forest
Department to effectively manage the newly planted area.
(iii) In the event that non-forest land of compensatory afforestation is not available in the
same district, non-forest land for compensatory afforestation may be identified anywhere else
in the State/Union Territory as near as possible to the site of diversion, so as to minimise
adverse impact on the micro-ecology of the area.
(iv) Where non-forest lands are not available or non-forest land is available in less extent to
the forest area being diverted, compensatory afforestation may be carried out over degraded
forest land being diverted and available nonforest land, as the case may be.
(vi) An exception to 2 (i) above, compensatory afforestation may be raised over

degraded forest land twice in extent of the forest area being diverted/deserved in respect
of following types of proposals:
(ix) Special provisions for Central Government/Central Government

Undertaking Projects. –
(a) Compensatory afforestation may be raised on degraded forest land twice in extent of
forest area being diverted. Certificate of Chief Secretary regarding non-availability of non-
forest land for compensatory afforestation will not be insisted.
(b) The user agency will deposit the amount for compensatory afforestation with the
concerned State Govt. on receiving the demand and the actual transfer/use of forest land will
be effected only after the receipt of the demanded amount.
(c) The State Governments will identify ‘blank forest’ or degraded forest lands for
compensatory afforestation. The State Governments of Madhya Pradesh and Rajasthan will
identify such degraded forest land in their States for compensatory afforestation of Central
Projects in their respective States as indicated by the Chief Secretaries of thee two States in
the meeting of Committee of Secretaries held on 15-111996.
(d) The pool of degraded forest land in Madhya Pradesh and Rajasthan will also be available
for the Central Government projects of other States if the concerned State Government fail to
identify the requisite land, as mentioned at (a) above, for compensatory afforestation in its
own territory within one month of the submission of the proposal to the State Government.
(e) While identify the pool of degraded forest land, blank forest lands in reserved forests in
compact/ sizeable blocks should be identified as first priority as “plantation bank”. As
appropriate treatment plan with choice of species should be prepared by the beneficiary
States. Only when such areas are not available, the choice of compensatory afforestation
will fall on protected, unprotected forests and unclassified forests in declining order of
priority.
(f) The Nodal Officer (Forest Conservation), State Forest Department will identify the pool
of such degraded forest lands in consultation with concerned Chief Conservator of Forests
(C), Regional Offices of the MOEF.
4 Lands identified for Compensatory Afforestation to be

transferred to the Forest Department
(i) Equivalent non-forest land identified for the purpose are to be transferred to the
ownership of the State Forest Department and declared as reserved/protected forests, so
that the plantation raised can be maintained permanently. The transfer must take prior to
the commencement of the project.

(ii) The compensatory afforestation should clearly be an additional plantation activity and
not a diversion of part of the annual plantation programme.
(iii) In each case where the afforestation target is over 500 hectares in plans, and 200
hectares in hill, a Monitoring Committee shall be established with a nominee of the Central
Government to oversee that the stipulations, including those pertaining to compensatory
plantation are carried out.
CHAPTER 4
Some Clarification
1 Delegation of Powers. –
(i) All proposals involving diversion /de-reservation of forest land upto 40 hectares, and
proposals shall be sent by the concerned State/Union Territory Government to the concerned
Regional Office of MOEF.
(ii) Chief Conservator of Forests of the concerned Regional Office shall be competent to
finally dispose of all proposals involving diversion/de-reservation for forest land upto 5
hectare, except in mining leases
(iii) In the absence of Chief Conservator of Forests, these powers shall be exercised by the
concerned Conservator of Forests of the Regional Office in case the post of chief
Conservator.
(iv) A list of cases finally disposed of and a list of cases rejected alongwith reasons thereof
for rejection would be required to be sent every month to the MOEF by the Regional Office.
(v) (a) In respect of proposals involving diversion of forest area above 5 hectares and upto 40
hectares and all proposals for regularisation of of encroachments and mining upto 40
hectares, the proposals shall be examined by the Regional Chief Conservator of
Forests/Conservator of Forests
2. Site Inspection
(i) The proposed forest area shall be inspected by a responsible Forest Officer of the State
Government. If the area is very important from the forest angle, the territorial Conservator
should inspect. If the area is relatively less important, the DFO could inspect the area.
CHAPTER 5
Conditions stipulated in Forestry Clearances
Whenever, clearances are accorded for diversion/de-reservation of forest land under the
provisions of the Forest (Conservation) Act, 1980, certain conditions to minimize impact on
forest land are imposed by the Ministry. These conditions comprise of general conditions,
which are stipulated in almost all the proposals; standard conditions, which are stipulated on
types/category of projects and specific conditions, which are stipulated keeping in view the
impact of the project on forest..
General Conditions. –
(i) Legal status of forest land to remain unchanged
(ii) Compensatory afforestation as per guidelines
(iii) Transfer and mutation of non-forest land in favour of Forest Department, if

Applicable
(iv) Notification of such land as RF/PF under the India Forest Act, 1927
(v) User agency to provide fuelwood preferably alternate fuel to the labourers and the staff
working at the site so as to avoid any damage & pressure on adjacent forest areas
(vi) The forest land shall not be used for any purpose other than that specified in the proposal
(vii) Demarcation of lease area to be done on the ground at project cost using four feet high
reinforced cement concrete pillars with serial numbers, forward & back bearings and distance
from pillar to pillar
(viii) Rehabilitation of Project affected families, if any
(ix) Environmental clearance if required.

ANNEXURE – IV – A

2nd forest policy after independence
PREAMBLE

In Resolution No.13/52/F, dated the 12th May, 1952, the Government of India in the
erstwhile Ministry of Food and Agriculture enunciated a Forest Policy to be followed in the
management of State Forests in the country. However, over the years,* forests in the country
have suffered serious depletion. This is attributable to relentless pressures arising from ever-
increasing demand for fuelwood, fodder and timber; inadequacy of protection measures;
diversion of forest lands to non-forest uses without ensuring compensatory afforestation and
essential environmental safeguards; and the tendency to look upon forests as Revenue earning
resource. The need to review the situation and to evolve, for the future, a new strategy of
forest conservation has become imperative.
Conservation includes preservation, maintenance, sustainable utilisation, restoration, and
enhancement of the natural environment. It has thus become necessary to review and revise
the National Forest Policy.
BASIC OBJECTIVES
The basic objectives that should govern the National Forest Policy - are the
following:
• Maintenance of environmental stability through preservation and, where necessary,

restoration of the ecological balance that has been adversely disturbed by serious depletion of
the forests of the country.
• Conserving the natural heritage of the country by preserving the remaining natural forests
with the vast variety of flora and fauna, which represent the remarkable biological diversity
and genetic resources of the country.
• Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in
the "interest of soil and water conservation, for mitigating floods and droughts and for the
retardation of siltation of reservoirs.
Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal
tracts.
• Increasing substantially the forest/tree cover in the country through massive afforestation
and social forestry programmes, especially on all denuded, degraded and unproductive lands.
• Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of
the rural and tribal populations.
• Increasing the productivity of forests to meet essential national needs.
• Encouraging efficient utilisation of forest produce and maximizing substitution of wood.
• Creating a massive people's movement with the involvement of women, for achieving these
objectives and to minimise pressure on existing forests.
The principal aim of Forest Policy must be to ensure environmental stability and
maintenance of ecological balance including atmospheric equilibrium which are vital for
sustenance of all lifeforms, human, animal and plant. The derivation of direct economic
benefit must be subordinated to this principal aim.
ESSENTIALS OF FOREST MANAGEMENT

1. Existing forests and forest lands should be fully protected and –their productivity
improved. Forest and vegetal cover should be increased rapidly on hill slopes, in catchment
areas of rivers, lakes and reservoirs and ocean shores and, on semi-arid, and and desert tracts.
2. Diversion of good and productive agricultural lands to forestry should be discouraged in

view of the need for increased food production.
3. For the conservation of total biological diversity, the network of national parks,
sanctuaries, biosphere reserves and other protected areas should be strengthened and
extended adequately.
4. Provision of sufficient fodder, fuel and pasture, specially in areas adjoining forest, is
necessary in order to prevent depletion of forests beyond the sustainable limit. Since
fuelwood continues to be the predominant source of energy in rural areas, the programme of
afforestation should be intensified with special emphasis on augmenting fuelwood production
to meet the requirement of the rural people.
5. Minor forest produce provides sustenance to tribal population and to other communities
residing in and around the forests. Such produce should be protected, improved and their
production enhanced with due regard to generation of employment and income.
STRATEGY
1. Area under Forests
The national goal should be to have a minimum of one-third of the total land area of the
country under forest or tree cover. In the hills and in mountainous regions, the aim should be
to maintain two-third of the area under such cover in order to prevent erosion and land
degradation and to ensure the stability of the fragile eco-system.
2 Afforestation, Social Forestry & Farm Forestry
1 A massive need-based and time bound programme of afforestation and tree planting, with
particular emphasis on fuelwood and fodder development, on all degraded and denuded lands
in the country, whether forest or non-forest land, is a national imperative.
2 It is necessary to encourage the planting of trees alongside of roads, railway lines, rivers
and streams and canals, an d on other unutilised lands under State/corporate, institutional_ or
private ownership. Green belts should be raised in urban/industrial areas as well as in arid
tracts. Such a programme will help to check erosion and desertification as well as improve
the microclimate.
3 Village and community lands, including those on foreshores and environs of tanks, not
required for other productive uses, should be taken up for the development of tree crops and
fodder resources. Technical assistance and other inputs necessary for initiating such
programmes should be provided by the Government. The revenues generated through such
programmes should belong to the panchayats where the lands are vested in them; in all other
cases, such
revenues should be shared with the local communities in order to provide an incentive to
them. The vesting, in individuals, particularly from the weaker sections (such as landless
labour, small and marginal farmers, scheduled castes, tribals, women) of certain ownership
rights over trees, could be considered, subject to appropriate regulations; beneficiaries would
be entitled to usufruct and would in turn be responsible for their security and maintenance.

4 Land laws should be so modified wherever necessary so as to facilitate and motivate
individuals and institutions to undertake tree-farming and grow fodder plants, grasses and
legumes on their own land. Wherever degraded lands should be made available for this
purpose either on lease or on the basis of a tree-patta
3. Management of State Forests

1 Schemes and projects which interfere with forests that clothe steep slopes, catchments of
rivers, lakes, and reservoirs, geologically unstable terrain and such other ecologically
sensitive areas should be severely restricted. Tropical rain/moist forests, particularly in areas
like Arunachal Pradesh, Kerala, Andaman & Nicobar Islands, should be totally safeguarded.
2 No forest should be permitted to be worked without - the Government having approved the
management plan, which should be in a prescribed format and in keeping with the National
Forest Policy. The Central Government should issue necessary guidelines to the State
Governments in this regard and monitor compliance.
3 In order to meet the growing needs for essential goods and services which the forests
provide, it is necessary to enhance forest cover and productivity of the forests through the
application of scientific and technical inputs. Production forestry programmes, while aiming
at enhancing the forest cover in the country, and meeting national needs, should also be
oriented to narrowing, by the turn of the century, the increasing gap between demand and
supply of fuelwood. No such programme, however, should entail clear-felling of adequately
stocked natural forests. Nor should exotic species be introduced, through public or private
sources, unless long-term scientific trials undertaken by specialists in ecology, forestry and
agriculture have established that they are suitable and have no adverse impact on native
vegetation and environment.
4 Rights and Concessions
1 The rights and concessions, including grazing, should always remain related to the
carrying capacity of forests. The capacity itself should be optimised by increased
investment, silvicultural research and development of the area. Stall-feeding of cattle should
be encouraged'. The requirements of the community, which cannot be met by the rights and
concessions so determined, should be met by development of social forestry outside the
reserved forests.
2 The holders of customary rights and concessions in forest areas should be motivated to
identify themselves with the protection and development of forests from which they derive
benefits. The rights and concessions from forests should primarily be for the bonafide use of
the communities living within and around forest areas, specially the tribals.
3 The life of tribals and other poor living within and near forests revolves around forests. The
rights and concessions enjoyed by them should be fully protected. Their domestic
requirements of fuelwood, fodder, minor forest produce and construction timber should be
the first charge on forest produce. These and substitute materials should be made available
through conveniently located depots at reasonable prices.
4 Similar consideration should be given to scheduled castes and other poor living near
forests. However, the area, which such consideration should cover, would be determined by
the carrying capacity of the forests.
5 Wood is in short supply. The long-term solution for meeting the existing gap lies in
increasing the productivity of forests, but to relieve the existing pressure on forests for the
demands of railway sleepers, construction industry (particularly in the public- sector),
furniture and panelling, mine-pit props, paper and paper board etc. substitution of wood needs
to be taken recourse to. Similarly, on the front of domestic energy, fuelwood needs to be
substituted as far as practicable with alternate sources like bio-gas, LPG and solar energy.
Fuel-efficient "Chulhas" as a measure of conservation of fuelwood need to be popularised in
rural areas.
5 Diversion of Forest Lands for Non-forest purposes

1. Forest land or land with tree cover should not be -treated merely as a resource readily
available to be utilised for various projects and programmes, but as a national asset which
requires to be properly safeguarded for providing sustained benefits to the entire community.
Diversion of forest land for any non-forest purpose should be subject to the most careful
examinations by specialists from the standpoint of social and environmental costs and
benefits. Construction of dams and reservoirs, mining and industrial development and
expansion of agriculture should be consistent with the needs for conservation of trees and
forests. Projects which involve such diversion should at least provide in their investment
budget, funds for regeneration/compensatory afforestation.
2 Beneficiaries who are allowed mining and quarrying in forest land and in land covered by
trees should' be required to repair and re-vegetate the area in accordance with established
forestry practices. No mining lease should be granted to any party, private or public, without
a proper mine management plan appraised from the environmental angle and enforced by
adequate machinery.
6. Wildlife Conservation
Forest Management should take special care of the needs of wildlife conservation, and forest
management plans should include prescriptions for this purpose. It is specially essential to
provide for "corridors" linking the protected areas in order to maintain genetic continuity
between artificially separated sub-sections of migrant wildlife.
7. Tribal People and Forests
Having regard to the symbiotic relationship between the tribal people and forests, a primary
task of all agencies responsible for forest management, including the forest development
corporations should be to associate the tribal people closely in the protection, regeneration
and development of forests as well as to provide gainful employment to people living in and
around the forest. While safeguarding the customary rights and interests of such people,
forestry programmes should pay special attention to the following:
• One of the major causes for degradation of forest is illegal cutting and removal by
contractors and their labour. In order to put, an end to this practice, contractors should be
replaced by institutions such as tribal cooperatives, labour cooperatives, government
corporations, etc. as early as possible;
• Protection, regeneration and optimum collection of minor forest produce along with
institutional arrangements for the marketing of such produce;
• Development of forest villages on par with revenue villages;
• Family oriented schemes for improving the status of the tribal beneficiaries; and
Undertaking integrated are a development programmes to meet the needs of the tribal,
economy in and around the forest areas, including the provision of alternative sources of
domestic energy on a subsidised basis, to reduce pressure on the existing forest areas.
8 Shifting Cultivation
Shifting cultivation is affecting the environment and productivity of land adversely.

Alternative avenues of income, suitably harmonised with the right landuse practices, should
be devised to discourage shifting cultivation. Efforts should be made to contain such
cultivation within the area already affected, by propagating improved agricultural practices.
Area already damaged by such
cultivation should be rehabilitated through social forestry and energy plantations.
9. Damage to Forests from Encroachments, Fires and Grazing
1. Encroachment on forest lands has been on the increase. This trend has to be arrested and
effective action taken to prevent its continuance. There, should be no regularisation of
existing encroachments.
2. The incidence of forest fires in the country is high. Standing trees and fodder are destroyed
on a large scale and natural regeneration annihilated by such fires. Special precautions should
be taken during the fire season. Improved and modern management practices should be
adopted to deal with forest fires.
3 Grazing in forest areas should be regulated with the involvement of the community Special
conservation areas, young plantations and regeneration areas should be fully protected.
Grazing and browsing in forest areas need to be controlled. Adequate grazing fees should be
levied to discourage people in forest areas from maintaining large herds of non-essential
livestock.
10. Forest-based Industries

The main considerations governing the establishment of forest-based industries and supply of
raw material to them should be as follows:
• As far as possible, a forest-based industry should raise the raw material needed for meeting
its own requirements, preferably by establishment of a direct relationship between the factory
and the individuals who can grow the raw material by supporting the individuals with inputs
including credit, constant technical advice and finally harvesting and transport services.
• No forest-based enterprise, except that at the village or cottage level, should be permitted in
the future unless it has been first cleared after a careful scrutiny with regard to assured
availability of raw material. In any case, the fuel, fodder and timber requirements of the local
population should not be sacrificed for this purpose.

• Forest-based industries must not only provide employment to local people on priority but
also involve them fully in raising trees and raw-material.
• Natural forests serve as a gene pool resource and help to maintain ecological balance. Such
forests will not, therefore, be made available to industries for ' undertaking plantation and for
any other activities.
• Farmers, particularly small and marginal farmers, would be encouraged to grow, on

marginal/degraded lands available with them, wood species required for industries. These
may also be grown along with fuel and fodder species on community lands not required for
pasture purposes, and by Forest department/corporations on degraded forests, not earmarked
for
natural regeneration.
• The practice of supply of forest produce to industry at concessional. prices should cease.
Industry should be encouraged to use alternative raw materials. Import of wood and wood
products should be liberalised.
11. Forest Extension

Forest conservation programme cannot succeed without the willing support and cooperation
of the people. It is essential, therefore, to inculcate in the people, a direct interest in forests,
their. development and conservation, and to make them conscious of the value of trees,
wildlife and nature in general. This can be achieved through the involvement of educational
institutions, right from the primary stage. Farmers and interested people should be provided
opportunities through institutions like Krishi Vigyan Kendras, Trainers' Training Centres to
learn agrisilvicultural and silvicultural techniques to ensure optimum use of their land and
water resources. Short term extension courses and lectures should be organised in order to
educate farmers. For this purpose, it is essential that suitable programmes are propagated
through mass media, audio-visual aids and
the extension machinery.
12 Forestry Education
Forestry should be recogr1ised both as a scientific discipline as well as a profession.
Agriculture universities and institutions, dedicated to the development of forestry education
should formulate curricula and courses for imparting academic education and promoting
postgraduate research and professional excellence, keeping in view the manpower needs of
the country. Academic and
professional qualifications - in forestry should be kept in view for recruitment to the Indian
Forest Service and the State Forest Service. Specialised and orientation courses far
developing better management skills by inservice training need to be encouraged, taking into
account the latest development in forestry and related disciplines.
13 Forestry Research
With the increasing recognition of the importance of forests for environmental health, energy
and employment, emphasis must be laid on scientific forestry research, necessitating

adequate strengthening of the research base as well as new priorities for action. Some broad
priority areas of research and development needing special attention are:
• Increasing the productivity of wood and other forest produce per unit of area per unit time
by the application of modern scientific and technological methods.
• Revegetation of barren/marginal/waste/mined lands and watershed areas.
• Effective conservation and management of existing forest resources (mainly natural forest
eco-systems).
• Research related to social forestry for rural/ tribal development.
• Development of substitutes to replace wood and wood products.
• Research related to wildlife and management of national parks and sanctuaries.
14 Personnel Management
Government policies in personnel management for professional foresters and forest scientists
should aim at enhancing their professional competence and status and attracting and retaining
qualified - and motivated personnel, keeping in view particularly -the Arduous nature of
duties they have to perform, often in remote and inhospitable places.
15 Forest Survey and Data Base
Inadequacy of data regarding forest resources is a matter of concern because this creates a
false sense of complacency. Priority needs to. be accorded to completing the survey of forest
resources in the country on scientific lines and to updating information. For this purpose,
periodical collection, collation and publication of reliable data on relevant aspects of forest
management needs to be improved with recourse to modern technology and equipment.
16 Legal Support and Infrastructure Development
Appropriate legislation should be undertaken, supported by adequate infrastructure, at the

Centre and State levels in order to implement the Policy effectively.
17 Financial Support for Forestry
The objectives of this revised Policy cannot be achieved without the investment of financial
and other resources on a substantial scale. Such investment is indeed fully justified
considering the contribution of forests in maintaining essential ecological processes and life
support systems and in preserving genetic diversity. Forests should not be looked upon as a
source of revenue. Forests are a renewable natural resource. They are a national asset to be
protected and enhanced for the well-being of the people and the Nation.
THE BIOLOGICAL DIVERSITY ACT, 2002

CHAPTER I
Definitions
An Act to provide for conservation of Biological Diversity, Sustainable Use of Its
Components and Fair and Equitable Sharing of the Benefits arising out of the use of
biological resources, knowledge and for matters connected therewith or incidental thereto.
“Biological diversity” means the variability among living organismsfrom all sources
and the ecological complexes of which they are part and includes diversity within species or
between species and of eco-systems;
“Biological resources” means plants, animals and micro-organisms or parts thereof, their
genetic material and by-products (excluding value added products) with actual or potential
use or value, but DOES NOTinclude Human Genetic Material.
“National Biodiversity Authority” means the National Biodiversity Authority established

under section 8
“State Biodiversity Board” means the State Biodiversity Board established under section 22
“The United Nations Convention on Biological Diversity (UNCBD) was agreed upon by
the world community's growing commitment to sustainable development. It represents a
dramatic step forward in the conservation of biological diversity, the sustainable use of its
components, and the fair and equitable sharing of benefits arising from the use of genetic
resources. India signed the Convention on 5 June 1992 at the United Nations Conference on
Environment and Development (the Rio "Earth Summit") ratified it on 18 February 1994.
The Biological diversity Act (2002) mandates implementation of the act through
decentralized system with the National Biodiversity Authority focusing on advising the
Central Government on matters relating to the conservation of biodiversity, sustainable use of
its components and equitable sharing of benefits arising out of the utilization of biological
resources; advising the State Government in the selection of areas of biodiversity importance
to be notified under subsection (1) of section 37 as heritage sites and measures for the
management of such heritage sites.
CHAPTER II
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
1. Certain persons not to undertake Biodiversity related activities without

approval of National Biodiversity Authority

(1) No person referredto in sub-section (2) shall, without previous approvalof the National
Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated
thereto for research or for commercial utilisation or for bio-survey and bio-utilisation.
(2) The persons who shallbe required to take the approval of the National Biodiversity
Authority under sub-section (1) are the following, namely:—
(a) a person who is not a citizen of India;

(b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the
Income-tax Act, 1961 (43 of 1961)
(c) a body corporate, association or organisation—

(i) not incorporated or registered in India; or
(ii) incorporated or registered in India under any law for the time being in
force which has any non-Indian participation in its share capital or management.
2. Results of research not to be transferred to certain persons without

No person shall, without the previous approval of the National Biodiversity Authority,
transfer the results of any research relating to any biological resources occurring in, or
obtained from, India for monetary consideration or otherwise to any person who is not a
citizen of India or citizen of India who is non-resident as defined in clause (30) of section 2 of
the Income-tax Act, 1961 (43 of 1961) or a body corporate or organisation which is not
registered or incorporated in India or which has any non-Indian participation in its share
capital or management.
3. Sections 3 and 4 not to apply to certain collaborative research projects

The provisions of sections 3 and 4 shall not apply to collaborative search projects involving transfer
or exchange of biological resources or information relating thereto between institutions, including
Government sponsored institutions of India, and such institutions in other countries, if such
collaborative research projects satisfy the conditions specified in sub-section (3).
4. Application for intellectual property rights not to be made without

No person shall apply for any intellectual property right, by whatever name called, in or
outside India for any invention based on any research or information on a biological resource

obtained from India without obtaining the previous approval of the National Biodiversity
Authority before making such application:
5. Prior intimation to State Biodiversity Board for obtaining biological

resource for certain purposes
No person, who is a citizen of India or a body corporate, association or organisation which is
registered in India, shall obtain any biological resource for commercial utilisation, or bio-
survey and bio-utilisation for commercial utilisation except after giving prior intimation to
the State Biodiversity Board concerned.
Case Studies #1
BtBrinjal
(Bt means Bacillus thuringiensis) “Genetically Modified plant”
In the High Court of Karnataka at Bangalore

UNDER WRIT ORIGINAL JURISDICTION of PETITION
Between :
Environment Support Group (ESG)… Petitioners
And
National Biodiversity Authority and state Biodiversity Board ..…Respondents and petitioner
And
UAS, Dharwad, Maharashtra Hybrid Seeds Company (Mahyco) and Sathguru Management
Consultants Private Limited…………….Respondents
The Karnataka High Court has vacated the stay granted by it to the accused in the
BtBrinjalbiopiracy case. The court has asked the National Biodiversity Board (NBA) and
Karnataka Biodiversity Board (KBB) to continue with the criminal proceedings against the
former vice-chancellor of University of Agricultural Sciences, Dharwad. The ruling after the
High Court Stay was challenged by the two biodiversity boards.
National Biodiversity Authority (NBA) and Karnataka Biodiversity Board (KBB) had
accused the university, Maharashtra Hybrid Seeds Company (Mahyco) and Sathguru
Management Consultants Private Limited of developing Btbrinjal by using indigenous
varieties from the state without taking sanctions from the respective biodiversity authorities.
The indigenous brinjal varieties are Malpur, MajariGota, Kudachi, UdupiAndRabkavi
The National Biodiversity Authority has filed the country’s first ever bio-piracy criminal case
against US agrochemicals giant Monsanto and its Indian partner Mahyco on the Btbrinjal
issue in a Karnataka Court. “The court has taken cognisance and is issued summons (to
Mayco).
This is seen as an attempt by the authority to raise the levels of compliance with the
Biological Diversity Act by Biotechnology AndPharma Sectors. Companies seeking to make
commercial use of domestic biological resources have TO TAKE APPROVALfrom the
authority and comply with the benefit-sharing norms.
The developers of BtBrinjal have been accused of using local brinjal varieties for development
without taking necessary approvals, which was in violation of the Act.
The principal bench of Karnataka High Court has issued a notice to the National Biodiversity
Authority (NBA) following a public interest petition accusing the authority of callousness
towards protecting the country's biodiversity.
The petition filed by Bengaluru-based charitable trust Environment Support Group (ESG)
draws the court’s attention towards the reports submitted by the Comptroller and Auditor
General (CAG) and the Parliament Committee on Agriculture and Public Accounts. The
reports have pointed out the colossal failure of the Union Ministry of Environment and
Forests (MoEF) and the NBA in protecting the country's biodiversity.
ESG, states that the MoEF in its October 26, 2009, notification had listed 190 plants as
Normally Traded Commodities (NTC) and it includes at least 18Critically Endangered
Plants. “While hundreds of community and regional initiatives are desperately trying to
protect such plants, the MoEF notification callously promotes their unfettered international
trade thus driving them potentially into extinction.”
Unfettered trade in endangered plants
The Genetic Engineering Approval Committee of Respondent 2 in its 97th meeting approves
the commercial and environmental release of Bt.Brinjal (Bt means Bacillus thuringiensis),
India's first genetically modified food, overlooking wideranging and popular concerns over
its environmental and health impacts. The Committee comprehensively ignores the violations

of Biological Diversity Act, 2002 by those involved in advancing B.t. Brinjal as a patented
commercial product
The petitioners claim that the main beneficiaries of such trade are Indian and foreign
corporations and very little benefit is accrued to the national exchequer or to the
communities conserving this biodiversity. They also argue that Section 40 of the National
Biodiversity Act of 2002, which allows such unfettered trade in India's biological wealth, also
paves way for rampant biopiracy and petitioners call for quashing of this section as being
ultra vires of the Act and the Constitution of India.
The petition also draws attention towards India’s first biopiracy case and has accused the
government for failing to initiate action against Indian company Mahyco and various public
agricultural universities involved in promoting BtBrinjal by using local varieties of brinjal
(egg plant).
Case study #2
Patanjalijudgement
DivyaYogMandir (Trust), started “BrahamkalpChikitsalaya” at KripaluBagh Ashram,

Kankhal in 1995 where patients suffering from various diseases were cured using Ayurvedic
medicines and practices of Yoga. Need was felt to provide quality Ayurvedic medicines to
the patients to seek optimum results as results of Ayurvedic treatment are directly
proportional to the quality of prepared medicines.
Divya Pharmacy has had the exalted vision to bring Ayurveda to society in a contemporary
form and to unravel the mystery behind this haloed and revered, Indian system of medicine
by exploring and selecting indigenous herbs, ancient Ayurvedic literatures and subjecting the
formulations to modern pharmacological, toxicological safety tests and clinical trials to create
new drugs and therapies.
THE UTTARAKHAND HIGH COURT HAS DIRECTED DIVYA PHARMACY, OWNED BY
BABA RAMDEV AND ACHARYA BALKRISHNA, TO SHARE ITS PROFITS WITH LOCAL
AND INDIGENOUS COMMUNITIES, AS PART OF THE FAIR AND EQUITABLE
BENEFIT SHARING (FEBS) OBJECTIVES OF THE BIODIVERSITY ACT, 2002.
Justice upheld the order passed by the Uttarakhand Biodiversity Board (UBB) and affirmed
the powers of the State Biodiversity Board (SBB) to impose FEPB, ruling, “…Court is of the
opinion that SBB has got powers to demand Fair and Equitable Benefit Sharing from the
petitioner, in view of its statutory function given under Section 7 read with Section 23 of the
Act and the NBA has got powers to frame necessary regulations in view of Section 21 of the
Act.
It is an admitted fact that "Biological Resources" constitute the main ingredient and raw
materials in the manufacture of Ayurvedic and Nutraceutical products. Petitioner is aggrieved
by the demand raised by Uttarakhand Biodiversity Board (from hereinafter referred to as
UBB), under the head "Fair andEquitable Benefit Sharing" (FEBS), as provided under
the Biological Diversity Act, 2002 (from hereinafter referred to as the Act), and the 2014
Regulations framed therein.
The court has held that under the Biodiversity Act, 2002 Indian companies are as much liable
to share their revenues as foreign entities when commercially exploiting natural resources
that communities conserve.
The single bench court of Justice Sudhanshu Dhulia in its judgement concluded that the
“Plain and textual interpretation” of the law that Ramdev’s Divya Pharmacy made to claim
Indian companies were exempt from the law, “defeats the very purpose, for which the law
was enacted.”
The judgement could impact not only Ramdev’s wide-spread Ayurveda and herbal products
business but also that of many other pharmaceutical, ayurveda, herbal and cosmetic product
manufacturers.
IN THE JUDGEMENT passed the high court rejected the Divya Pharmacy’s contention that
besides not sharing the profits and benefits with communities the company being a wholly
Indian entity did not even require permission from the government to commercially exploit
the country’s bioresources for profits.
Divya Pharmacy had filed a case against orders of the Uttarakhand’s State Biodiversity
Board which had demanded that the company share Rs 20.4 million of its Rs 4.21-billion
revenue for 2014-15 with farmers as part of a legal obligation under the Biodiversity Act.
Before the court it had pleaded that the Biodiversity Act did not apply to Indian companies. It
went a step ahead and claimed that sharing of benefits from exploitation of country’s natural
resources with local people was against the right to equality enshrined in Article 14 of the
Constitution. It has also that the state board’s regulations levying the charges imposed
‘unreasonable restrictions over fundamental rights to livelihood and business enshrined in
Article 19(1)(g) of the Constitution.
Divya Pharmacy’s pleaded this before the court after negotiating with the state biodiversity
board to bring down the money they would have to share with farming communities. But,
eventually when the state authority sent a formal notice of demand the company instead took
it to court.
The Biodiversity Act, 2002 was legislated after India ratified the UN Convention on
Biodiversity. The two recognise the fact that many industries use hundreds of natural
resources such as herbs and plant extracts which communities have protected and grown over
decades and centuries.
The convention and the law are meant to provide the communities “equitable sharing of
benefits” arising from exploitation of these resources. Under the Indian regulations a

manufacturer has two options - it can either pay a levy of 3-5 per cent on the cost price of
biological resources extracted or 0.01 to 0.05 per cent of annual gross ex-factory sales of
finished goods that contain one or more biological resources extracted from the state. The
exact amount is determined after negotiations with the entity.
The Uttarakhand High Court judgement now could bolster the case that other state
biodiversity boards have made against industries exploiting the biodiversity without sharing
the profits they derive with people.
The judgement reads, “Can it be said that the Parliament on the one hand recognised this
valuable right of the local communities, but will still fail to protect it from an “Indian entity”.
Could this ever be the purpose of the legislature?”
It said, “Biological resources are definitely the property of a nation where they are
geographically located, but these are also the property, in a manner of speaking, of the
indigenous and local communities who have conserved it through centuries.”
It added, “Local and the indigenous communities in Uttarakhand, who reside in the high
Himalayas and are mainly tribals, are the traditional ‘pickers’ of this biological resource.
Through ages, this knowledge is preserved and passed on to the next generation. The
knowledge as to when, and in which season to find the herb, its character, the distinct
qualities, the smell, the colour, are all part of this traditional knowledge. This knowledge,
may not strictly qualify as an intellectual property right of these communities, but
nevertheless is a ‘property right’.”In a fix
 Divya Pharmacy says only ‘foreign’ entities are required to share revenue under
Biodiversity Act
 Uttarakhand government asks it to share Rs 20.4 million from Rs 4.21-billion revenue
in FY15
 Divya Pharmacy first negotiates, then takes state government to Uttarakhand High
Court
 HC says firm’s contention would “defeat the very purpose for which law was
enacted”
 Judgment to impact other firms selling bioresource-based products
Case study # 3
Hershey India gets notice for violation of Bio-diversity Act
In a first case against a company with foreign stake, a chief judicial magistrate on Tuesday
issued notices against Hershey India Private Ltd (formerly known as Godrej Hershey Foods
and Beverages Ltd.) in violation of Biological Diversity Act 2002.

"Chief Judicial Magistrate of Raisen court has today had registered a case and has ordered
that notices to be issued against four directors of the company for appearance on April 4 in
the criminal prosecution under section 200 of CrPC," Rohit Sharma, counsel for State
Biodiversity Board said.
The company is engaged in manufacturing beverages syrups, soya based products from raw
material.
The state bio-diversity board had earlier taken cognizance of the 'offense' committed by the
company's Mandideep plant and issued notice in March 2013.
The company, according to the board notice, had not taken prior approval from National
Biodiversity Authority Chennai for making various food products.
The board had issued its notice at regular intervals to company and given ample time but they
said they use fruits of the plants for making various food products, which does not come
under the Act.
"We took cognizance as it was violation of the provisions of section 55 (2) of the Act, we
issued notices to the company under section 3 (1) and Section 7 of the said Act," Sharma
said. It is mandatory for any company to inform National Biodiversity Authority or State
Biodiversity Boards before procuring raw material in form of biological resources for
manufacturing any product under National Biological Diversity Act 2002.
Any case of violation is cognizable and attracts penal provisions including jail term.
The company had in its reply to the state biodiversity board had replied and had pleaded that
its manufacturing activity does not fall under ambit of the National Biological Diversity Act
2002.
Under section 55 (2) violation of Biological Diversity Act 2002 is a punishable with
imprisonment of a term which may extend to three year or fine which may extend to Rs five
lakh or both.
Also, under section 56 of the Act violation is punishable with fine which may extend to two
lakh rupees and in the case of continuous contravention with additional fine which may
extend to Rs two lakh rupees every day during which the default continues.
Case study #4
Czech Scientists case
In July 2008, two Czech nationals were arrested in India for illegally collecting rare insects in
Singhalila National Park, West Bengal. As foreign nationals they could not have done this
without requisite approval from the NBA, as per the requirements of Sections 3 and 19 of the
BD Act.11 However, taking action required either the SBB or an empowered authority or a
“benefit claimer” to file a case before the High Court. (At this point in time the NGT had not
been constituted.)
At the first instance, the West Bengal Forest Department (FD) invoked Sections 27 and 29 of
the Wild Life Protection (WLP) Act, 1972 (illegal entry into the PA) to charge the two
scientists. They had not taken permissions from the Chief Wildlife Warden to enter into a
national park and collect butterflies, moths and other insects. Subsequently, additional
grounds related to violation of Section 3 of BD Act (i.e. lack of permission from NBA), were
added as they were in possession of over 1500 species of butterflies including endangered
species. The accused who were acknowledged by their peers to be scientists of repute, stated
that the collection was being done for research purposes and not for any commercial use.
According to available literature, the Chief Judicial Magistrate in Darjeeling convicted them
on 8 September 2008 under the provisions of the WLP Act, 1972.
While one was fined Rs.20,000/-, the other was sentenced to 3 years of imprisonment and fined
Rs.60,000/- (Times New Network, 2008).13 According to a 2009 paper in the journal Conservation
Biology, the court took into account the international reputation of one of the scientist for the
differential sentencing. While, the other was granted bail and ordered to stay in India till the
matter is heard before the appellate court. He however reportedly fled the country
The NBA has since put out an explanation on its web site in the section on FAQs, that (t)here
is no requirement under the legislation for seeking permission for carrying out research, if it
is carried out in India by Indians, as well as under collaborative research projects that have
been drawn within the overall policy guidelines formulated by the Central Government vide
notification S.O.1911(E) of Government of India. The only situations that would require
permission of the NBA are: (i) when the results of any research which has made use of the
country’s biodiversity is sought to be commercialized, (ii) when the results of research are
shared with a foreigner or foreign institution, and (iii) when a foreign institution/individual
wants access to the country’s biodiversity for undertaking research and (iv) when any intellectual
property protection is sought on Indian biological resources.
Case study #5
The CIDMA
Central India AYUSH Drug Manufacturers Association (CIDMA)& Others versus State of
Maharashtra through its Secretary, Department of Revenue & Forests, & Others
On 14 December 2015 the Central India AYUSH Drug Manufacturers Association (CIDMA)
filed a petition in the Nagpur bench of the Bombay High Court in Maharashtra seeking
explanation on notices issued for the recovery of ABS under the BD Act. The petition
challenges the vires of the state rules and ABS Guidelines, which ask for benefit sharing upon
access by Indian entities.
The CIDMA petition before the Bombay High Court questions the validity of Rule 17 of the
BD Rules of Maharashtra that lays down the procedure for access. The petitioners also
question the ABS Guidelines issued by the NBA. Their contention is that these rules and
regulations cannot be made applicable to Indian entities for imposing benefit-sharing

obligations. The court dwelled on the interpretation of the NGT Act and the extent of the
jurisdiction it confers on the NGT. It held that the jurisdiction given to the NGT under
Section 14 is only to decide cases, which are civil in nature, arise of the implementation of
the seven environmental laws, (including the BD Act) and wherein the substantial question
involved is in relation to the environment. Thus, not all civil cases are cognisable by the
NGT. The court made it clear that the NGT does not have the power to examine the validity
of rules and regulations made under the BD Act. The two-judge bench comprising B P
Dharmadhikari and A S Chandurkar, JJ. relied on decisions of the apex court, to make it clear
that the constitutionality of a statute is maintainable under Articles 226 or 32 of the
Constitution of India and not open in proceedings before authorities (like the NGT) made
under a statute itself; and that tribunals (like the NGT) cannot act as a substitute for the High
Court and the Supreme Court. The court dismissed the preliminary objection that the
petitioners have an alternate remedy before the NGT to raise their challenge.
Case study # 6
Castor Oil Case
On 3 November 2015 the NGT Western Zone (WZ) Bench hearing a matter filed by
Advocate Asim Sarode (No. 25 of 2015) passed an order for ABS payments by companies
engaged in commer-cial utilisation of castor plant and other bio-resources for drugs and
cosmetics. Castor oil is extracted from castor plant, which is an agricultural produce. Justice
VR Kingaonkar, judicial member and Ajay Deshpande, expert member of the NGT WZ
Bench at Pune delivered a brief order making it clear that if a bioresource like castor oil is
commercially utilised, the Maharashtra SBB has the mandate to collect ABS payment under
the provisions of BD Act. They claim that castor oil is a value added product, so not a
bioresource. In their view, it is a final product as it comes into market in that form and not in
raw form. (Note: This judgment also has relevance to the discussion in chapter 4 of this
publication, which discusses another case related to the definition of a bioresource). The
NGT gave instructions to Maharashtra SBB to take appropriate action against the defaulting
parties and in case of no response their names be published in newspapers; immediately
thereafter prosecution be filed against them as per the law. In another similar matter in MP,
Hershey in India had to be sent repeated notices by the MP SBB for compliance with ABS
requirements under the BD Act. The legal cases do not seem to have settled the matter on
ABS and if and how it is applicable to Indian entities; this is resulting in a situation where
some bio-based businesses are even considering moving their R&D out of India. It is to be
seen how this decision comes to bear on the outcome of the CIDMA petition. Not all those
doing commercial utilisation of bioresources resort to litigation. Some companies may also
approach the NBA directly seeking resolution on the issue of ABS. For example, at its 38th
meeting the NBA had to consider the plea of M/s Hindustan Unilever Limited for reduction
of benefit sharing.
Interpretations of coverage for BDA, 2002

In May 2013 the MP SBB issued an ‘Important Notice’ on its web site, which among
other things said that (a)ny person, organisation, department, private company, etc. using
bioresources from the State for commercial use are required to share benefit arising out of
such commercial use which shall be deposited in the Biodiversity fund and used for
promoting biodiversity conservation in the State. Domestic industry has consistently held that
they cannot be brought under the legal obligation of ABS.
As per their interpretation of Section 7 of the BD Act, Indian persons (including
Indian corporate bodies) have only to give prior intimation to the SBB for obtaining
bioresources.
What is a ‘normally traded commodity’?

Case by an NGO The PIL filed by ESG challenged the MoEF&CC’s
Notification of 26 October 2009 on normally traded commodities (NTCs) issued under

Section 40 of the BD Act.
Section 40
Power of Central Government to exempt certain biological resources – Notwithstanding
anything contained in this Act, the Central Government may, in consultation with the NBA,
by notification in the Official Gazette, declare that the provisions of this Act shall not apply
to any items, including biological resources normally traded as commodities.
The petitioner NGO questioned the lack of government efforts in tackling biopiracy, asking
why certain bioresources were being exempted from the Act. It submitted to the court that the
Environment Ministry had shockingly allowed critically endangered and threatened species to
be included in a list of 190 plants as those which are “traded as commodities”, thereby
allowing their unfettered exploitation, making them commodities for global trade and also
exempting them from the protection provided under Sections 3 and 7 of the BD Act. Among
other demands, the NGO wanted both Section 40 and the NTC Notification to be struck
down. The case came up for final hearing before the Principal Bench of the High Court of
Karnataka.
What do ‘value-added products’ mean?

Law firms with experience in advising their corporate clients also point to other key terms in
the legislation that have inadequate explanations. For example, no clear guidance on the
difference between ‘by products’ and ‘value-added products’ (VAPs) creates confusions as
to the applicability of the Act on certain products.
For instance, ADMA too had sought clarification from NBA in their letter of 30 March 2015
regarding whether herb powders, oils, oleo-resins, extracts and isolated phytochemicals and
such other items which are sourced in this processed form from the market / traders /
suppliers are to be treated as bioresources or VAPs? ADMA is of the considered opinion that
such bioresouces that have already been processed and sold in such processed form are
VAPs. The NBA web site states that value added product implies products containing
portions/ extracts of plants and animals in unrecognisable and physically inseparable form.

FOREST RIGHTS ACT, 2006
Also called…
1. Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act
2. The Tribal Rights Act, The Tribal Bill, The Tribal Land Act
(Act Amended on 2012)
**************************************************
**
Content
SECTIONS
Titles
& Chapters
CHAPTER I1 Short title, extent and commencement
2 Definitions
CHAPTER II FOREST RIGHTS
3 Forest rights of Forest dwelling Scheduled Tribes and other tradional forest
dwellers
CHAPTER III RECOGNITION, RESTORATION AND VESTING OF FOREST
RIGHTS AND RELATED MATTERS
4 Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes
and other traditional forest dwellers
5 Duties of holders of forest rights
CHAPTER IV AUTHORITIES AND PROCEDURE FOR VESTING OF FOREST
RIGHTS
6 Authorities to vest forest rights in forest dwelling Scheduled Tribes and other
traditional forest dwellers and procedure thereof
CHAPTER V OFFENCES AND PENALTIES
7 Offences by members or officers of authorities and Committees under this Act
8 Cognizance of offences
CHAPTER VI MISCELLANEOUS
9 Members of authorities, etc., to be public servants
10 Protection of action taken in good faith
11 Nodal agency

. 12 Power of Central Government to issue directions
13 Act not in derogation of any other law
14 Power to make rules
CHAPTER I
PRELIMINARY
Short title and commencement
(Section 1 & 2)
(1) This Act may be called the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006
(2) It extends to the whole of India except the State of Jammu and Kashmir
Definitions
"Community Forest Resource" means customary common forest land within the
traditional or customary boundaries of the village or seasonal use of landscape in the
case of pastoral communities, including reserved forests, protected forests and
protected areas such as Sanctuaries and National Parks to which the community had
traditional access
"Forest Dwelling Scheduled Tribes" means the members or community of the Scheduled
Tribes who primarily reside in and who depend on the forests or forest lands for bona
fide livelihood needs and includes the Scheduled Tribe pastoralist communities;
"Forest Rights" means the forest rights referred to in section 3
'Nistar' the concession granted for removal from forest coupes on payment at stipulated
rates for bonafide domestic use, but not for barter or sale. The rates are fixed by
the forest department
.
"Gram Sabha" means a village assembly which shall consist of all adult members of a
village and in case of States having no Panchayats, Padas, Tolas and other traditional
village institutions and elected village committees, with full and unrestricted
participation of women
"Minor Forest Produce" includes all non-timber forest produce of plant origin including
bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu
leaves, medicinal plants and herbs, roots, tubers and the like
"Sustainable Use" shall have the same meaning as assigned to it in clause (o) of section 2 of
the Biological Diversity Act, 2002

"Other Traditional Forest Dweller" means any member or community who has for at least
three generations prior to the 13th day of December, 2005 primarily resided in and
who depend on the forest or forests land for bona fide livelihood needs
"Village" means –a village referred to in clause (b) of section 4 of the Provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1996.
CHAPTER II
FOREST RIGHTS
(Section 3)
For the purposes of this Act, the following rights, which secure individual or community
tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes and other
traditional forest dwellers on all forest lands, namely:-
1. Types of Rights (Rules &Guidelines)

(a) Right to hold and live in the forest land under the individual or common occupation for
habitation or for self-cultivation for livelihood by a member or members of a forest
dwelling Scheduled Tribe or other traditional forest dwellers
(b) Community rights such as nistar, by whatever name called, including those used in
erstwhile Princely States, Zamindari or such intermediary regimes
(c) Right of ownership, access to collect, use, and dispose of minor forest produce which has
been traditionally collected within or outside village boundaries
(d) Other community rights of uses or entitlements such as fish and other products of water
bodies, grazing (both settled or transhumant) and traditional seasonal resource access of
nomadic or pastoralist communities
(e) Rights including community tenures of habitat and habitation for primitive tribal groups and
pre-agricultural communities
(f) Rights in or over disputes lands under any nomenclature in any State where claims are
disputed;
(g) Rights for conversion of Pattas or leases or grants issued by any local authority or any State
Government on forest lands to titles
(h) Rights of settlement and conversion of all forest villages, old habitation, un-surveyed
villages and other villages in forests, whether recorded, notified or not into revenue
villages

(i) Rights to protect, regenerate or conserve or manage any community forest resource which
they have been traditionally protecting and conserving for sustainable use
(j) Rights which are recognised under any State law or laws of any Autonomous District
Council or Autonomous Regional Council or which are accepted as rights of tribal under
any traditional or customary law of the concerned tribes of any State
(k) Right of access to biodiversity and community right to intellectual property and traditional
knowledge related to biodiversity and cultural diversity
(l) Any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or
other traditional forest dwellers, as the case may be, which are not mentioned in clauses
(a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of
the body of any species of wild animal
(m) Right to in situ rehabilitation including alternative land in cases where the Scheduled
Tribes or other traditional forest dwellers have been illegally evicted or displaced from
forest land of any description without receiving their legal entitlement to rehabilitation
prior to the 13th day of December, 2005
Notwithstanding anything contained in the Forest (Conservation) Act, 1980, the Central
Government shall provide for diversion of forest land for the following facilities managed by
the Government which involve felling of trees not exceeding seventy-five trees per hectare,
namely:-
Provided that such diversion of forest land shall be allowed only if,
(a) schools; (g) drinking water supply and water pipelines;

(b) dispensary or hospital; (h) water or rain water harvesting structures;
(c) anganwadis; (i) minor irrigation canals;
(d) fair price shops; (j) non-conventional source of energy;
(e) electric and telecommunication lines; (k) skill up-gradation or vocational training centers;
(f) tanks and other minor water bodies; (l) roads; and
(i) the forest land to be diverted for the purposes mentioned in this subsection is less than one
hectare in each case
(ii) the clearance of such developmental projects shall be subject to the condition that the
same is
recommended by the Gram Sabha.
CHAPTER III
RECOGNITION, RESTORATION AND VESTING OF
FOREST RIGHTS AND RELATED MATTERS
(Section 4 & 5)
(1) Notwithstanding anything contained in any other law for the time being in force, and
subject to the provisions of this Act, the Central Government hereby recognises and vests
forest rights into
(a) the forest dwelling Scheduled Tribes in States or areas in States where they are
declared as Scheduled Tribes in respect of all forest rights mentioned in section 3
(b) the other traditional forest dwellers in respect of all forest rights mentioned in
section 3
2. The forest rights recognised under this Act in critical wildlife habitats of National Parks
and Sanctuaries may subsequently be modified or resettled, provided that no forest rights
holders shall be resettled or have their rights in any manner affected for the purposes of
creating inviolate areas for wildlife conservation except in case all the following conditions
are satisfied, namely:-
(a) the process of recognition and vesting of rights as specified in section 6 is complete
in all the areas under consideration;
(b) it has been established by the concerned agencies of the State Government, in
exercise of their powers under the Wild Life (Protection) Act, 1972 that the activities
or impact of the presence of holders of rights upon wild animals is sufficient to cause
irreversible damage and threaten the existence of said species and their habitat
(c) the State Government has concluded that other reasonable options, such as, co-
existence are not available;
(d) a resettlement or alternatives package has been prepared and communicated that
provides a secure livelihood for the affected individuals and communities and fulfils
the requirements of suchaffected individuals and communities given in the relevant
laws and the policy of the Central Government
(e) the free informed consent of the Gram Sabhas in the areas concerned to the
proposed resettlement and to the package has been obtained in writing
(f) no resettlement shall take place until facilities and land allocation at the
resettlement location are complete as per the promised package; Provided that the
critical wildlife habitats from which rights holders are thus relocated for purposes of

wildlife conservation shall not be subsequently diverted by the State Government or
the Central Government or any other entity for other uses
(3) The recognition and vesting of forest rights under this Act to the forest dwelling
Scheduled Tribes and to other traditional forest dwellers in relation to any State or Union
territory in respect of forest land and their habitat shall be subject to the condition that such
Scheduled Tribes or tribal communities or other traditional forest dwellers had occupied
forest land before the 13th day of December, 2005
(4) A right conferred by sub-section (1) shall be heritable but not alienable or transferable
and shall be registered jointly in the name of both the spouses in case of married persons and
in the name of the single head in the case of a household headed by a single person and in the
absence of a direct heir, the heritable right shall pass on to the next-of-kin
(5) Save as otherwise provided, NO MEMBER of a forest dwelling Scheduled Tribe or

other traditional forest dweller shall be evicted or removed from forest land under his
occupation till the recognition and verification procedure is complete
(6) Where the forest rights re-cognised and vested by subsection (1) are in respect of land
mentioned in section 3 such land shall be under the occupation of an individual or family or
community on the date of commencement of this Act and shall be restricted to the area under
actual occupation and shall in NO CASE EXCEED AN AREA OF FOUR HECTARES
(7) The forest rights shall be conferred free of all encumbrances and procedural requirements,
including clearance under the Forest (Conservation) Act, 1980, requirement of paying the
'net present value' and 'compensatory afforestation' for diversion of forest land, except those
specified in this Act
(8) The forest rights recognised and vested under this Act shall include the right of land to
forest dwelling Scheduled Tribes
The holders of any forest right, Gram Sabha and village level institutions in areas where there
are holders of any forest right under this Act are empowered to –
(a) protect the wild life, forest and biodiversity

(b) ensure that adjoining catchments area, water sources and other ecological sensitive
areas are adequately protected

(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional
forest dwellers is preserved from any form of destructive practices affecting their
cultural and natural heritage
(d) ensure that the decisions taken in the Gram Sabha to regulate access to community
forest resources and stop any activity which adversely affects the wild animals, forest
and the biodiversity are complied with.
CHAPTER IV
AUTHORITIES AND PROCEDURE FOR VESTING
OF FOREST RIGHTS
(Section 6)
(1) The Gram Sabha shall be the authority to initiate the process for determining the nature
and extent of individual or community forest rights or both that may be given to the forest
dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its
jurisdiction under this Act by receiving claims, consolidating and verifying them and
preparing a map delineating the area of each recommended claim in such manner as may be
prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that
effect and thereafter forward a copy of the same to the Sub-Divisional Level Committee
(2) Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the
Sub-Divisional Level Committee constituted under sub-section (3) and the Sub-Divisional
Level Committee shall consider and dispose of such petition. Provided that every such
petition shall be preferred within sixty days from the date of passing of the resolution by the
Gram Sabha
(3) The State Government shall constitute a Sub-Divisional Level Committee to examine the
resolution passed by the Gram Sabha and prepare the record of forest rights and forward it
through the Sub-Divisional Officer to the District Level Committee for a final decision
(4) Any person aggrieved by the decision of the Sub-Divisional Level Committee may prefer
a petition to the District Level Committee within sixty days from the date of decision of the
Sub-Divisional Level Committee and the District Level Committee shall consider and
dispose of such petition
(5) The State Government shall constitute a District Level Committee to consider and finally
approve the record of forest rights prepared by the Sub-Divisional Level Committee
(6) The decision of the District Level Committee on the record of forest rights
shall be final and binding
(7) The State Government shall constitute a State Level Monitoring Committee to monitor
the process of recognition and vesting of forest rights and to submit to the nodal agency such
returns and reports as may be called for by that agency
(8) The Sub-Divisional Level Committee, the District Level Committee and the State Level
Monitoring Committee shall consist of officers of the department of Revenue, Forest and
Tribal Affairs of the State Government and three members of the Panchayati Raj Institutions
at the appropriate level, appointed by the respective Panchayati Raj Institutions, of whom two
shall be the Scheduled Tribe members and at least one shall be a women, as may be
prescribed
(9) The composition and functions of the Sub-Divisional Level Committee, the District Level
Committee and the State Level Monitoring Committee and the procedure to be followed by
them in the discharge of their functions shall be such as may be prescribed.
CHAPTER V
OFFENCES AND PENALTIES
(Section 7 & 8)

Where any authority or Committee or officer or member of such authority or Committee
contravenes any provision of this Act or any rule made thereunder concerning recognition of
forest rights, it, or they, shall be deemed to be guilty of an offence under this Act and shall be
liable to be proceeded against and punished with fine which may extend to one thousand
rupees
Provided that nothing contained in this sub-section shall render any member of the authority
or Committee or head of the department or any person referred to in this section liable to any
punishment if he proves that the offence was committed WITHOUT HIS KNOWLEDGE or
that he had exercised all due diligence to prevent the commission of such offence
No court shall take cognizance of any offence under section 7 unless any forest dwelling
Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram
Sabha through a resolution against any higher authority gives a notice of not less than
sixty days to the State Level Monitoring Committee and the State Level Monitoring
Committee has not proceeded against such authority.
CHAPTER VI
MISCELLANEOUS
(Section 9 to 14)
Every member of the authorities referred to in Chapter IV and every other officer exercising
any of the powers conferred by or under this Act shall be deemed to be a public servant
within the
meaning of section 21 of the Indian Penal Code
(1) No suit, prosecution or other legal proceeding shall lie against any officer or other
employee of the Central Government or the State Government for anything which is in good
faith done or intended to be done by or under this Act
(2) No suit or other legal proceeding shall lie against the Central Government or the State
Government or any of its officers or other employees for any damage caused or likely to be
caused by anything which is in good faith done or intended to be done under this Act
(3) No suit or other legal proceeding shall lie against any authority as referred to in Chapter
IV including its Chairperson, members, member-secretary, officers and other employees for
anything which is in good faith done or intended to be done under this Act

The Ministry of the Central Government dealing with Tribal Affairs or any officer or
authority authorised by the Central Government in this behalf shall be the nodal agency for
the implementation of the provisions of this Act
In the performance of its duties and exercise of its powers by or under this Act, every
authority referred to in Chapter IV shall be subject to such general or special directions, as
the Central Government may, from time to time, give in writing
Save as otherwise provided in this Act and the Provisions of the Panchayats (Extension to the
Scheduled Areas) Act, 1996, the provisions of this Act shall be in addition to and not in
derogation of the provisions of any other law for the time being in force
(1) The Central Government may; by notification, and subject to the condition of previous
publication, make rules for carrying out the provisions of this Act
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules
may provide for all any of the following matters, namely:-
(a) procedural details for implementation of the procedure specified in section 6
(b) the procedure for receiving claims, consolidating and verifying them and
preparing a map delineating the area of each recommended claim for exercise of
forest rights under sub-section (1) of section 6 and the manner of preferring a petition
to the Sub-Divisional Committee under sub-section (2) of that section
(c) the level of officers of the departments of Revenue, Forest and Tribal Affairs of
the State Government to be appointed as members of the Sub-Divisional Level
Committee, the District Level Committee and the State Level Monitoring Committee
under section 6
(d) the composition and functions of the Sub-Divisional Level Committee, the
District Level Committee and the State Level Monitoring Committee and the
procedure to be followed by them in the discharge of their functions under sub-
section (9) of section 6
(e) any other matter which is required to be, or may be, prescribed.
Identification of hamlets or settlements and process of their

consolidation.-
The State Government shall ensure that, -

(a) every panchayat, within its boundaries, prepares a list of group of hamlets or habitations,
unrecorded or unsurveyed settlements or forest villages or taungya villages, formally
not part of any Revenue or Forest village record and have this list passed by convening
Gram Sabha of each such habitation, hamlets or habitations included as villages for the
purpose of the Act through a resolution in the Panchayat and submit such list to Sub
Division Level Committee
(b) the Sub-Divisional Officers of the Sub Division Level Committee consolidate the lists of
hamlets and habitations which at present are not part of any village but have been
included as villages within the Panchayat through a resolution, and are formalised as a
village either by adding to the existing village or otherwise after following the process
as provided in the relevant State laws and that the lists are finalised by the District
Level Committee after considering public comments, if any
(c) On finalisation of the lists of hamlets and habitations, the process of recognition and
vesting of rights in these hamlets and habitations is undertaken without disturbing any
rights, already recognized.
Gram Sabha (Forest Rights Committee)

(1) The Gram Sabhas shall be convened by the Gram Panchayat and in its first meeting it
shall elect from amongst its members, a committee of not less than ten but not exceeding
fifteen persons as members of the Forest Rights Committee, wherein at least two-third
members shall be the Scheduled Tribes.
Provided that not less than one-third of such members shall be women: Provided further that
where there are no Scheduled Tribes, at least one-third of such members shall be women.
(2) The Forest Rights Committee shall decide on a chairperson and a secretary and intimate it
to the Sub-Divisional Level Committee.
(3) When a member of the Forest Rights Committee is also a claimant of individual forest
right, he shall inform the Committee and shall not participate in the verification proceedings
when his claim is considered.
(4) The Forest Rights Committee shall not re-open the forest rights recognized or the process
of
verification of the claims already initiated before the date of coming into force of the
Scheduled

Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendments
Rules, 2012.
Functions of the Gram Sabha

(1) The Gram Sabha shall -
(a) initiate the process of determining the nature and extent of forest rights, receive and hear
the
claims relating thereto
(b) prepare a list of claimants of forests rights and maintain a register containing such details
of claimants and their claims as the Central Government may by order determine
(c) pass a resolution on claims on forest rights after giving reasonable opportunity to
interested
persons and authorities concerned and forward the same to the Sub-Divisional Level
Committee
(d) consider resettlement packages under clause (e) of sub-section (2) of Section 4 of the Act
and
pass appropriate resolutions
(e) Constitute Committees for the protection of wildlife, forest and biodiversity, from
amongst its
members, in order to carry out the provisions of Section 5 of the Act.
(f ) monitor and control the committee constituted under clause (e) which shall prepare a
conservation and management plan for community forest resources in order to sustainably
and equitably manage such community forest resources for the benefit of forest dwelling
Scheduled Tribes and other Traditional Forest Dwellers and integrate such conservation
and management plan with the micro plans or working plans or management plans of the
forest department with such modifications as may be considered necessary by the
committee.
(g) Approve all decisions of the committee pertaining to issue of transit permits, use of
income from sale of produce, or modification of management plans
(2) The quorum of the Gram Sabha meeting shall not be less than one-half of all members of
such Gram Sabha
(3) The Gram Sabha shall be provided with the necessary assistance by the authorities in the
State.

State Level Monitoring Committee
The State Government shall constitute a State Level Monitoring
Committee with the following members, namely:-

(a) Chief Secretary - Chairperson
(b) Secretary, Revenue Department - member
(c) Secretary, Tribal or Social Welfare Department - member
(d) Secretary, Forest Department - member
(e) Secretary, Panchayati Raj - member
(f ) Principal Chief Conservator of Forests - member
(g) three Scheduled Tribes member of the Tribes Advisory Council, to be nominated by the
Chairperson of the Tribes Advisory Council and where there is no Tribes Advisory
Council, three Scheduled Tribes members to be nominated by the State Government
(h) Commissioner, Tribal Welfare or equivalent who shall be the Member-Secretary.
Functions of the State Level Monitoring Committee

The State Level Monitoring Committee shall –
(a) devise criteria and indicators for monitoring the process of recognition and vesting of
forest rights
(b) monitor the process of recognition, verification and vesting of forest rights in the State
(c) meet at least once in three months to monitor the process of recognition, verification and
vesting of forest rights, consider and address the field level problems, and furnish a quarterly
report in the format appended as Annexure V to these rules, to the Central Government on
their assessment regarding the status of claims, the compliance with the steps required under
the Act, details of claims approved, reasons for rejection, if any and the status of pending
claims
(d) on receipt of a notice as mentioned in Section 8 of the Act, take appropriate actions
against the concerned authorities under the Act
(e) monitor resettlement under Section 4 of the Act.
(f ) Specifically monitor compliance of the provisions contained in clause (m) of sub-section

(1)
of Section 3 and 4.
Process of Recognition of Community Rights
(1) The District Level Committee shall, in view of the differential vulnerability of
Particularly Vulnerable Tribal Groups as described in Section 3 amongst the forest
dwellers, ensure that all Particularly Vulnerable Tribal Groups receive habitat rights, in
consultation with the concerned traditional institutions of Particularly Vulnerable Tribal
Groups and their claims for habitat rights are filed before the concerned Gram Sabhas,
wherever necessary by recognizing floating nature of their Gram Sabhas.
(2) The District Level Committee shall facilitate the filing of claims by pastoralists,
transhumant and nomadic communities as described in Section 3 before the concerned Gram
Sabhas
(3) The District Level Committee shall ensure that the forest rights under Section 3 relating to
protection, regeneration or conservation or management of any community forest resource,
which forest dwellers might have traditionally been protecting and conserving for sustainable
use, are recognized in all villages with forest dwellers and the titles are issued
(4) In case where no community forest resource rights are recognized in a village, the reasons
for the same shall be recorded by the Secretary of the District Level Committee.
(5) The conversion of forest villages, unrecorded settlement under Section 3 shall include the
actual land use of the village in its entirety, including lands required for current or future
community uses, like, schools, health facilities and public spaces
Evidence for determination of forest rights

1. The evidence for recognition and vesting of forest rights shall, include –
(a) public documents, Government records such as Gazetteers, Census, survey and
settlement reports, maps, satellite imagery, working plans, management plans, micro-plans,
forest enquiry reports, other forest records, record of rights by whatever name called, pattas
or leases, reports of committees and commissions constituted by the Government,
Government orders, notifications, circulars, resolutions;
(b) Government authorised documents such as voter identity card, ration card, passport,
house tax receipts, domicile certificates
(c) physical attributes such as house, huts and permanent improvements made to land
including levelling, bunds, check dams and the like
(d) quasi-judicial and judicial records including court orders and judgments
(e) research studies, documentation of customs and traditions that illustrate the
enjoyment of any forest rights and having the force of customary law, by reputed
institutions, such as Anthropological Survey of India
(f) any record including maps, record of rights, privileges, concessions, favours, from
erstwhile princely States or provinces or other such intermediaries
(g) traditional structures establishing antiquity such as wells, burial grounds, sacred
places
(h) Genealogy tracing ancestry to individuals mentioned in earlier land records or
recognized as having been legitimate resident of the village at an earlier period of
time
(i) Statement of elders other than claimants, reduced in writing.
(2) An evidence for “Community Forest Resource” include –
(a) community rights such as nistar by whatever name called
(b) traditional grazing grounds; areas for collection of roots and tubers, fodder, wild
edible fruits and other minor forest produce; fishing grounds; irrigation systems;
sources of water for human or livestock use, medicinal plant collection territories of
herbal practitioners
(c) remnants of structures built by the local community, sacred trees, groves and
ponds or riverine areas, burial or cremation grounds
(d) Government records or earlier classification of current reserve forest as protected
forest or as gochar or other village common lands, nistari forests
(e) Earlier or current practice of traditional agriculture.
(3) The Gram Sabha, the Sub-Divisional Level Committee and the District Level Committee
shall consider more than one of the above-mentioned evidences in determining the
forest rights.

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UNIVERSITY OF AGRICULTURAL SICENCES, DHARWAD

Forest Laws, Legislation and Policies

Dr. Bhimappa Kittur

DEPARTMENT OF NATURAL RESOURCE MANAGEMENT

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Application of penal code to forests, general principles of criminal law

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

The Indian Penal Code (IPC)

Objectives for formation of IPC

Legal Principles of punishment

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

I. Punishments under the penalcode:

3). Imprisonment both rigorous and simple:

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Classification of offences under the Code two

Territorial extent, scope and applicability

(a) to the State of Nagaland, (b) to the tribal areas,

Bodies function under the Code

If a person is accused of a non-bailable offence, then it is a matter for the Court to

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

History of Forest Management in India

In 1972, the conference on human environment in Stockholm mentioned about

During British period

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Dehra Dun and Coopers Hill

Beginning of forest policy:

Framing of Forest act/policy in British India

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Indian Forest Act of 1865

Indian Forest Act 1878

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

The policy recognised four categories of forest –

1. Commercial forests: Forest which afforded a supply of valuable timber for.

National Forest Policy, 1894

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

THE INDIAN FOREST ACT, 1927

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Section 3. Power to reserve forests.

Section 4. Notification by State Government. –

Section 5 Bar of accrual of forest-rights

Section 6 Proclamation by Forest Settlement-officer.

Section 7. Inquiry by Forest Settlement-officer

Section 8. Powers of Forest Settlement-officers

Section 9. Extinction of rights

Section 10 Treatment of claims relating to practice of shifting cultivation

Section 11 Power to acquire land over which right is claimed.–

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Section 12 Order on claims to rights of pasture or to forest-produce

In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement-officer

Section 13. Record to be made by Forest Settlement-officer

Section 14 Record where he admits claim

Section 15 Exercise of rights admitted

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Section 18. Appeal under section 17

Section 19. Pleaders

Section 20. Notification declaring forest reserved.–

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Section 21. Publication of translation of such notification in neighbourhood of forest.

24. Rights not to be alienated without sanction

Section 25. Power to stop ways and water-courses in reserved forests

Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

Section 26. Acts prohibited in such forests.