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NRM-306-Forest Laws Legislation and Policies
NRM-306-Forest Laws Legislation and Policies
NRM-306-Forest Laws Legislation and Policies
LECTURE NOTES
Prepared by
2020-21
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.
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
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 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
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.
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.
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.
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.
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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.
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI
thereof, shall not apply-
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
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”
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.
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
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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.
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
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.
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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:
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.
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
In it, he stressed the need for formulating a forest policy with a definite objective of serving
agricultural interests.
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.
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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.]
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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;
(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
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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.
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.
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.
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 (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.
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.
(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.
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.
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
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:
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
Section 30. Power to issue notification reserving trees, etc.
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.
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;
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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.
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.
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.
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
(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:
-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
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;
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
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.
(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.
(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.
(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.
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.
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
(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.
(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.
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;
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.
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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
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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
"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 :-
(ii) village forests, viz. reserved forests which have been assigned to any
village community; and
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(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.
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.
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.
Amendments
Bill
1st :- 1983-2001
2nd :-2002-2016
3rd :-2017-2031
CHAPTER I
PRELIMINARY
(Section 1 & 2)
(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.
_____________________________________________________________
“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;
(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;
(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.
(1) The State Government may, for the purposes of this Act, appoint:--
(b) Personal record free of involvement in any activity detrimental to the interests of nature
and wildlife conservation.
(d) Local standing which make him/her effective, especially in conveying the conservation
message.
The Central Government may, for the purposes of this Act, appoint:--
(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.
(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
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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.—
(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
(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
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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,—
(ii) population management of wild life without killing or poisoning or destroying any
wild animals
(b) in respect of any other wild animal, except with the previous permission of the State
Government.
CHAPTER IV
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.
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 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.
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
No person shall hunt any wild animal specified in Schedule, I, II, III and IV
except as provided under section 11 and section 12.
(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
(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.
(i) for recognised zoos subject to the permission under section 38-1 or
Protected Areas
(Sanctuaries, National Parks, Game reserves and Closed areas)
1. 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.
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,
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;
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
(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:
photography;
scientific research;
tourism;
(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.
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.
* 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.
2. NATIONAL PARKS
(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.
(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
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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.
(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.
(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.
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
CHAPTER IV A
CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
(Section 38A to 38J)
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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.
(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;
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.
(b) Evaluate and assess the functioning of zoos with respect to the standards or the norms as
may be prescribed;
(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
(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
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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.
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 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/-
(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.
(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.
(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.
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.
(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 –
(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
(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, -
(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.
CHAPTER VI
(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
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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:-
(c) to compel the discovery and production of documents and material objects; and
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).
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).
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).
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
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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
Annexures
Supreme Court Orders
Cost-benefit analysis
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.
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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.
(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.
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
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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.
(a) Chairperson-- Director General of Forests, Ministry of Environment and Forests (MoEF)
(b) Member -- Additional Director General of Forests, Ministry of Environment and Forests
(d) Member-- Three eminent experts in forestry and allied disciplines (non-officials)
(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.
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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.
(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.
(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.
(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.
(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.
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,
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.
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.
(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.
(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.
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.
(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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
(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.
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.
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.
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.
(d) In case of small public utility projects like drinking water, schools, hospitals which are
for the welfare of local people.
(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.
(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.
(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.
(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.
(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.
(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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
(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
BASIC OBJECTIVES
The basic objectives that should govern the National Forest Policy - are the
following:
• 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.
• 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.
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.
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.
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.
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.
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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.
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.
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;
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
• 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
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.
• 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.
• 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.
• 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.
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
• 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.
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.
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.
“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.
“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
(2) The persons who shallbe required to take the approval of the National Biodiversity
Authority under sub-section (1) are the following, namely:—
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.
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
Case Studies #1
BtBrinjal
(Bt means Bacillus thuringiensis) “Genetically Modified plant”
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
Management Consultants Private Limited of developing Btbrinjal by using indigenous
varieties from the state without taking sanctions from the respective biodiversity authorities.
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.”
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
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
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
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
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.
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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
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.
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
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
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:-
(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
(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,
(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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
(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
(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
(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 –
(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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
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
(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)
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
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:-
(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.
(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.
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
(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.
(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
(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
(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
Lecture Notes: Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)
(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.