Indian Forest (The Uttar Pradesh Amendment ) Act, 1973 (No. 11 of 1973)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Indian Forest (The Uttar Pradesh Amendment ) Act, 1973 Act 11 of 1973 Keyword(s): Central Act Amendment, Indian Forest Act, 1927, Forest Settlement Officer, Forest Land Amendments appended: 11 of 1964, 23 of 1965, 1 of 2001 f2$k>.?*-- . - , \ c. $*$@G 0 A ( g#=t' . 5ttc4 4 Gq ' qj5c i THE INDIAK I~OREST (GTTAR PR~IDESH -*z;rr-xr>~~ U;C' I ACT, 1973 L. i4' [C. P. Ac-r No. 11 OF 19731 [*-rlirl / lo)rtcit i i l , Lngli,h Text of thr i : l icli P ~ u d c i A Indian I cai-c~t (Clias Plnile.dr Sanshodhan) Adhiniyarn, 19731 (22 -3 ful-ther to amend the Indian Forest Act, 1927 and to provide fo r matters connected therewith IT IS B I . R C ~ ~ Y en;~ctcd in the 7'rvent)r-foul th Year of the Kepri?)lic of India as follows : 1. This -4ct may be called the Indian Forest (Uttar Pradesh Amendment) short title. Act, 1973. " 2. After section 22 of the Indian Forest Act, 192'7, as a m e ~ ~ d e d in its Insertion oia new application to Uttar Pradesh, hereinafter referred to as the principal Act, ~ c t i o n 2 2 4 ill A* the following section shall be inserted atid shall be deemed t c ~ have been 16 of 1927. tnsel-ted with effect from November 25, 1960, 11anlely: "22-A. ( 1 ) Without prejudice to the provisions of section 22, the IJtrrver of revision State ~overnxnent ma;., .either of its own motion or on in other casm. a petition being made in that behalf, call for the record of any appeal decided under section 18, and may c o n h r the order passed on such appeal, or set i t aside, or modify it, or remand the case to the Forest Settlement Officer with such directions as it may think fit. (2) No petition under this section rnay he made, after November 23> 1965, and the State Government may not exercise arty power under this section. after the said date." 3. (1) Any petition presented to the Stare Government a t any time bcltveen November 23, 1960 and November 22, 1965, seeking revision of an tsrovisiom. order passed on appeal under section 18 of the principal Act shall unless is a petition under section 22 of that Art for revision of ally arrangernetit, be tleernecl to have been made under section 22-'4 of that Act i??,ertcrl b~ section 2 of this Act. (2) Every such petition, wltcli-ler penciing on Novctnber 113, 1965, ~ritlr {Fie State Governmertt or purporting to ha le been deticled by i t before tila: clate. sllall be reierred b y tlle Stale Gover13n1ent to tile 'Tribunal I i ~ v i n ~ j~!~iscliction and the Ti-ibunal r-clay, after ignori:rg the decision, if any, st! the St'lte Governrrlent and after giving to the parties an opporturtity ol bein;,. I ~ r a ~ c l , confirm, sei aside, 01. moclify the order ind dm revisio~r, or remanri the cnse to the Forest Settlement Officer with such direc~iolls as i t tllinks fit : Provided iltat nothing in this sub-secriorr shall he cleemcd to requirc tile State Goverllnlcnt to refer t o tlic Tribunal any petition made by ;I Foicsl Officer wlricll the State Governlnrnt does not think fit to be pressed petition made by a. Forest Oficer ~ + ~ l ~ i c l l is riot w referr November 23, 19G5 and the expiration of three months from the co r t f this Act shall be deemed to have bee11 rejected, irrespective of the piuportctl c!ccision, it" any, thereon of the State Government. (3) Every such petition purporting to Itaiit: been referred Ly tltr?. State C;orc~ mnent to the 'Iiibunal before the cvrnrnerlcenlelit of this Act in the ~ ~ i r l ~ o r t e d excrcire of power ass~tmccl to have hecn conferred by sub-section (5) oi section 16 of the Indian Forest (Uttar P ~ L I ~ C S ~ I Anlerldmellt) Act, 1965, ?rtllorc the comnlenceInent of this Act shall be decnled to have been refer~cd to * ( I - 0 1 Statement of Objects and Kc,tson\, Illcast: see Ulrar I'rcrif(:\/i (;axrte I.hliat rdrrcry, dated Jaruary 12. 1'173 ) (P.i\sed in II~ndi by tlic Uttar PI 1cle\11 Lcgislart-,e C'o~lnc~l on January I(), 1973 :md by the' Uttar Pradesh ~,c~gislativc Asscrnbly on Mat cil S. lC) i3 (Rece~vcd thc Askcnl of the Cjo\ernnr on March 28. 1973, under A ~ t ~ c l r : 200 <,f {I:c Cq~nstitution of India aild was publishec! in the littor Y~..nclash (tozr,tte Ext~c?o~di,~ar!, tiateti Match 3!. 1973 the Tribunal under sub-section (2) of th is section as if the provisions of this Act tvere in force at tfle time of the reierence, and accordingly (a) where, either the Tribunal has itself held the reference to be incompetent and accordingly declined to exercise jurisdiction, or the proceedings before the Tr~bunal have been quashed by the, High Court in exercise of its jurisdiction under Article 226 or Article 227 of the Constitution, cm the ground that the petition purporting to be preferred under sub-section (4) of section 18 of the Indian Forest ilct, 1927, was not maintainable as it was for a purpose other than one mentioned in section 22 of that Act, and as such no reference could be made to the Tribunal under sub-section (5) of section 16 of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, then the Tribunal, notwithstanding any such judgment, decree or order, shall, on an application being made to it within three months horn the commencement of this Act, or such further time as the Tribunal may on sufficient cause being shown allow in that behalf, review its ordex and decide the reference in accordance with the provisions of sub-section (2) ; ( b ) where the Tribunal has decided it on the merits of the case, the decision shall, subject to the provisions of section 22 of the principal Act, be deemed to be and always to have been valid, notwithstanding any judgment, decree or order of any Court to the contrary. Explanation-The expression "Tribunal" means a Tribunal consti tuted under sub-section (3) oi section 16 of the Indian Forest (Uttar Pradesh Amendment) Act, 1965. Dic Tar subs i dated 1 ' , * THE INDIAN FOREST (lJ. P. AM&NDMENT~ 'ACT, 1961* [Authoritative English text? of the Indian Forest (Uttar Prarlesh Sanshorlhan) Adhiniyam, 1964.1 AN ACT to amend t l~e Indian Forest Act, 1927, in its npplication to Urrar Pradesh, for certain purposes hereinaffer appearing IT IS HEREBY enacted in the Fifteenth year of the Republic of India as follows : 1. (1) This Act may be called the Indian Forest (U. P. Amendment) Act, 1964. (2) It exteuds to the whole of Uttar Pradesh. 2. In section 38-D of the Indian Forest Act, 1927 as amended in its application to Uttar Pradesh (hereinafter called the p r i ~ ~ c ~ p a l act), for the word "and" and the "comma" preceding it i n sub-clause (iii) of clause (a) a semi-colon shall be substituted and A thereafter the following new clause (aa) shall be inserted : "(aa) In the case of a notification affectins a corporation, firm or body of persons, be served on the manager, principal officer or agent thereof in the manner provided in clause (a) ; and" 3. In section 38-F of the principal Act, for clause (i) the following shall be substituted : "(i) breaks up or clears any land for cultivation or any other purpose, fires or clears any vegetation, girdles, taps, burns, lops, pollards, fells, cuts, saws, converts or removes any tree, or strips off the bark from any tree, in any forest in respe:t of which a notification under section 38-R or 38-C or 38-H has been issued, or does any of the aforesaid acts in cantravention of the provisions contained in sub section (4) of section 38-H, 01." *[For statement of Objects and Reasons, please see Uttar Prudesh Gazerte (Extraordinary), dated March 9, 1964.1 Passed in Hindi by the Uttar Pradesh Legislative Council on March 9, 1964 and by the Uttar Pradesh Legislative Assembly on March 14, 1964. Received the Assent of the President on April 10, 1964 under Article 201 of the Constitution of India and was published in the Uttar Pradesh Gazette 4 Extraorairrury, dated April 17, 1964. Act XVI of 1927. Short title and extent. Amendment of ~ection 33-D of Act XVI of 1927. Amendment of section 38-F of Act XVI o f 1927. tPublkted in the Uttar Pradesh Gazette Extraordinary, dated April 17, 1964. & Amendment of 4. Tn section 38-H of the principal Act, after sub-section section 38-11 of (3) the following shall be added as sub-section (4) thereof : Act XVi of 1927. "(4) No person shall, after the service of the notice rcferreJ to in sub-section q2), do or permit or cause to be done, save with the permission of the Forest Officer, any i of the following acts on or in respect of such forest or forest land, namely (a) the breaking up or clearing of the land for culti vation or any other purpose ; (b) the firing or clearing of the vegetation ; (c) the girdling or tappiqg or burning of any tree or the stripping off of the bark from any tree ; (4 the lopping or pollarding of trees ; (e) the felling, cutting, sawing, conversion or removal of trees ; until ti) where objections under clause (a) of sub-section (2) have been filed, the disposal thereof under clause (6) of that sub-section and thereafter, unless the objec tions have been allowed, for a further period of six months or the publication of the notification under sub-section (I), whichever is earlier ; (ii) where no objections under clause (0) of sub section (2) have been filed, the publication of the notification under sub-section (1) or the expiry of six montlzs from the date of service of the notice, which ever is earlier," & HE INDIAN FOREST (UTTAW PWADESII AMENDMENT) I ACT, I965 (U. P. ACT No. XXIIil OF 1965) *Authoritative Eogiish Text? of the 1:ldisn Forest (Uttor Pradesh I Sanshodhan) Adhiniyam, 1965.1 AN ACT r~her to amend the India11 Forest Act, 1927 in its application to Uttar Pradesh for the purposes hhcreilzajrtev appearing. IT 1s hereby enacted in the Sixteenth Year of the Republic of India as follows : 1. (1) This Act mny be called !he Indian Forest (Uttar shor t titic and Pradesh Amendment) Act, 1965. extent. (2) It extends to the whole of Uttar Pradesh. Substitution of 2. For section 3 of thc Indian Foreqt Act, 1927 (hereinafter new for called the principal Act), the followit~g shall be srtbstitlited 3 o f Act XVI of 1927. "3. The State Government may con~titute any forest land or waste land or any other land (not Power to reserve being land for the time being com prised in any holdifig or in any village abadi) which is the property of Gov ernment or over which the Govcrnrncnt has proprietary rights, or to the whole o i any part of the forest produce of which the Governmi.r:t is enti;!ed, a reserve forest in the manner hereinafter pravided. Explanation-The expression 'holding' shall have the meaning assigned to it in the U. P. Tenancy Act, 1939, and the expression 'village a bgdi' shall have the meaning assigned to it in the U. P. Village Abadi Act, 1947." Substitution of 3. For section 5 of the principal Act, the following shall be ,,e, ,,,ion for substituted, namely- section 5. ' 5 After the issue of a notification under section 4, no I right shall be acquired in or over Bar of accrual the land comprised in such noti of forest rights. ficdtion, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Govern ment or some person in whom such right was vested when For Statement o f Objects and Reasons, please see Urtar Pradesh Gazette Extraordinary, dated Avguqt 23, 1965. ' ?Passed in Hindi by the Uttar Pradcsh Legislative Council on August 17' 1965 and by the Uttar Pradesh Legialativc Assembly on S epten ter 13, 1965. I Received the Assent of the President on November 13, 196.5 und tticle 204 of the Cdnstitut ion of India and was pubtlshcd In the Vuar Brade9; 8 a ~ r t r I?xmt@rdl!~d&. darn4 Ndvernhct 21, 1965. Amendment of section 11. Substitution of new section for section 17. Substitution of new section f ~ r section 18, S 2 the notification was issued; and no fresh clearings for cultiw vation or for any other purpose shall be made in such land. nor any tree therein felled, girdled, lopped, tapped, or burnt, or its bark or leaves tripped off, or the same otherwise damaged, nor any forest-produce removed therefrom, except in accordance with such rules as may be made by the State Government in this behalf." 4. In section 11 of the principal Act, after sub-section (31, the following new sub-section shall be added, namely "(4) The provisions of sub-section ( 3 ) shall apply also when the Forest Settlement Officer proceeds to acquire any .land in consequence of any order, passed on appeal or re vision under this Act." 5. For section 17 of the principal Act, the following shall be substituted, namely "17. Any person who has made a claim under this Act, or any Forest Officer or other person generally or specially Order empowered by the State Govern- passed under section 11. section 12, section ment in this behalf may, within 15 .0~ sect ion 16. 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 the District Judge. . Explanation-In this section and in the succeeding sections of this Chapter, 'District Judge' means the District Judge of the district in which the land is situate, and includes an Additional District Judge to whom an appeal is transferred by the District Judge." 6. For section 18 of the principal Act, the follawing shall be ~ d ~ t t f ~ ! e c i , namely- . . !!la. (1) Every appeal under section 17 shall be made Appeal under by petition in writing and may be 3e~tion !7. delivered to the Forest Settlement shall forward it with ~ g t delay to the District Judge. (2) The District Judge may, after giving to the pqrties an opportunity of being heard, confirm, set aside or modify the order under ap eal or remand the case to the Forest Settle? 9 rnent Officer th such direction as he thinks fit, (3) During the pendency of the appeal the District Judge hay, for sufficient cause, stay, on such terms, if any, as be thinks fit, the operation of the order appealed from and bass any incidental or consequential order. 8, Act 9, sect (4) The order passed on. thg a peal shall; subjekt la the P. provisibiis of sectioli 22, be fina " P 7. For section 19 of the principal Act, the following shall be I substituted, namely I 1 "19. The Statc Government, or any person wlio has made a claiin under this Act, Pleaders may appoint any person to appear, plead and act on its or his behalf t before the Forest Settlement Officer or the District Judge in the course of any ir?q:liry or appeal under this Act." : 8. For clause (b) of sub-section (1) of section 20 of the principal Act, the followir,g shall be substituted, namely "(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the District Judge; and". 9. After section 20 of the principal Act, the following new section shall be added, namely: "20-A. (I) Notwithstanding anything contained in this Certain forest Act or in any other law for the time land or waste land being in force, including the when deemed to Merged States (Laws) Act, 1949 be reserved or the U. P. Merged States (Appli cation of Laws) Act, 1950, or any order issued thereunder, any forest land or waste land in a merged State which immediately before the date of merger (hereinafter in this section referred to as the said date), (a) was deemed to be a reserved forest under any enactment in force in that State, or (b) was recognized or declared by the Ruler of such State as a reserved forest under any law (including any enactment, rule, regulation, order, notification, custom or usage having the force of law) for the time being in force, or (c) was dealt with as a reserved forest in any adminis trative report or in accordance with any working plan or register maintained and acted upon under the autho rity of the Ruler, shall be deemed to be and since the said date to have con tinued to be a reserved forest subject to the same rights or concession, if any, in favour of any person as were in force immediately before the said date. Explanation I-A certificate of the State Government / or of ally olircer authorised in this behalf to the effect that a report, working plan or register was main tained and acted upon under the authority of the Ruler shall be conc!usive evidence of the fact that it was so maintained and acted upon. Substitution of new section for section 19. Amendment of section 20. Addition of new section 20-A. Explanation 11-Any question as to the existence or extent of any right or concession referred to in this sub-section shall be determined by the State Govern ment, whose decision, given after such enquiry, if any as it thinks fit shall be final. c.1 E a t 111-'Working plan' includes any plan, schen,e, pr~.ji.ct, map, drawiags and iay-outs piepard, for the purpose i;f carrying Out thc operaiions ill the course of the working and management of forestj. (2) No right shall be desnled to hake been acquired on or after the said date in or over ally land mentioned in sub section (1) except by succession or under a gi-ant or contract in writing made or entered into by or on behalf of the Stat Government or some person in whom such right was vested immediately before the said date and no fresh clearings since made for cultivation or for any other purpose (except clear ings made in accordance with any coi~cessioi~s granted by the Ruler and in forcc immediately before the said date or in accordance with ths rules made by the State Government in this behalf since the said date) shall be recognised as or * deemed to be lawful, anything contained in this Act or any other law for the tin?c being in force notwithstanding. (3) The State Government may within five years from the cornnlencement of the ll~dian Forest (Uitar Przdesh Amendment) Act, 1965, revise any arrangement of the nature specified' in section 22, and pass any inciclentai or conse quential order, i:~cluding any direction to the effect that any of the proceedings specified in the foregoing provisions of this Chapter be taken. (4) I n relation to any land mefitioned in sub-section (I), the references in sections 24 and 26-;c (a) to section 23 shall be construed as references to sub-section (2); and (b) to rights admitted, recorded or continued under section 14 or section 15 shall be construed as referefi ces to rights of pasture or to forest produce admitted, recorded or continued in or under the corresy~inding enactment, law or docunlent referrcd to in sub-scction (1). (5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of encroachment or recovery of damages in respect of ally unauthorised occupation of or trespass ever any land mentioned in sub-st:ction (I), or for seizure, cofifiscation, disposal or release (on payment of value or otherwise) of any forest prodr~ce in respect of :vhich aiiy forest oti'eoce has been comrr\itted ir. relation to such land or of any tool;, boats, carts or catile used in committing such offence, nothing ili this section shall be deen~ed to authorize the conviction of any person for any act done bcforc the comnier~cement of th eIndiarl Forest (IJttnr Pradesll Amcndrnent) Act, 1965, which was not an offence bcrore such comn~encement." 10. For section 22 of the principal Act, the following shall substituted, namely I "22. The State Government may, within five years from the pubiication of any notification Powers to re- under section 20, revise any vise arrangements arrangement made under section made under scc- 15 or on appeal under section 18, tion 15 or section and may for this purpose rescind 18. or modify any order made under section 15 or section 18, and direct that iiny of the proceedings specified in section 15 be taken in lieu of any other of such proceedings, or that the rights adrniited under section 12 be commuted under secti~n 16." 11. In sub-section (1) of section 26 of the principal Act, 1 2r clause (a), the following shall be substituted, namely "(a) makes any fresh clearing or does any other act prohibited by section 5, or". 12. In Chapter II of the principal Act, after section 27, the ollowing new section shall be added, namely I 1 "27-A. No act done, order made or certificate issued in exercise of any power conferred orders by or under this Chapter shall, etc. except as hereinbefore provided, 1 be called in question in any Court." 13. In section 41 of the principal Act, after sub-section (2) 1 :he following new sub-sections shall be added, namely I "(2-A) The State Government may by notification in the Gazette, delegate, either unconditionally or subject to such conditions as may be specified in the notificaiion, to any ) Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2). (2-B) Notwithstanding any judgment, decree or order of any Court, any rule purporting to have been made by a Conse:rvator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of sub section (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conser vator were duely authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a duly authorised Conservator, as the case may be: Substitution of new section for section 22. Ameadment of section 26. Addition of new Section 27-A. Amendgent of section 41. 1 Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person 1 under section 42 for any act done before the cornrnenence ment of the said Act." Addition of new section 61-A. Substitution of new section for section 78. Transitory provisions re garding appeals, revisions, e k V 14. After section 61 of the principal Act, the following section sl~all be added, namely "61-A. Where a Court convicts any person of offence under clause (a), clause (b) Summary evic- clause (h) of sub-section (1) of sec tion persons 26 of clause (c) or clause (h) of s convicted of cer tain offences. section (1) of section 33, it may, w passing judgment, direct the evic of such person from any land in respect of which the offe has been committed. (2) Any Court of appeal or revision may direct any or SUI under sub-section (1) passed ,by a Court subordinate Tr to be stayed pending consideration by the former gi\% and may modify, alter or annul such order." set cas 15. For section 78 of the principal Act, the following shall substituted, namely "78. (1) All rules under this Act shall be made by no fication in the Gazette. (2) All rules made under this Act shall, as so Further prori- as may be after they are made, sioas regarding laid before each House of the St; rules. Legislature, while it is in session, for total period of fourteen days which n: be comprised in its one session or in two or more success sessions and shall, unless some later date is appointed take effect from the date of their publication in the Gaze subject to such modifications or annulments as the t Houses of the Legislature may agree to make, so howev that any such modification or annulment shall be withr: prejudice to the validity of anything previously done the under." \ 16. (1) The jurisdiction and procedure relating to appe arising out of any claim made before the commencement of t Act shall be governed by the provisions of sections 17 and of the principal Act as amended by this Act. (2) Ally appeal pending before the commencement of Act before an appellate officer under section 17 of principal Act as it stood before its amendment by this shall be transferred by him to the District Judge hav jurisdiction and shall be disposed of by such Judge un section 18 of the said Act as hereby amended. (3) The State Government may by notification in the Gar, constitute one or more Tribunals in relation to such areas may be specified for tbe purpose of deciding petitions refer to in sub-sections (5) and (6). (4) A Tribunal shall consist of a civil judicial officer below the rank of District Judge. Explanation-The expression "District Judge" includes Additional District Judge. t 0 an) me. ( gitc wit' ma: revj unc it s Trit mer Tril. refe (8 Act be c :€rib made by nc :hall, as sc e made, of the St session, for ys which n lore success appointed in the Gazc s as the t , so howel 111 be with( ly done the ial officer :" includes I (5) Any petition for revision presented to the State Govern ment, purporting to be made under sub-section (4) of section 18 of the principal Act, as it stood before its amendment by this Act, at any time within five years before the commence ment of this Act, shall, whether pending on the date of such commencement with the State Government or purporting to have been decided by it before such date under the said sub-section, be referred by the Shte Government to the Tribunal having jurisdiction, and the Tribunal may after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under revision, or remand the case to the Forest Settlement Officer with such directions as it thinks fit: Provided that nothing in this sub-section shall be deemed to require the State Government to refer to the Tribunal any petition made by a Forest Officer which the State Govern ment does no t think fit to be pressed. (6) Any party aggrieved by a decision of an appellate officer given under section 18 of the principal Act any time . within three months before the commencement of this Act may, unless that party has already presented a petition for revision to the State Government purporting to be made under sub-section (4) of section 18 of the principal Act as it stood before its amendment by this Act, prefer to the Tribunal, within three months from the date of suchkcom mencement, a petition for revision against the order, and the Tribunal may thereupon dispose of the petition as if it were referred to it under sub-section (5). (7) The order passed by the Tribunal shall, subject to the provisions of section 22 of the principal Act as hereby amended, be final. (8) The references in sections 11 and 22 of the principal Act as hereby amended, to orders passed on appeal shall be construed as including references to orders passed by tht '.Tribunal under this section. 8 3 3 ~ a& agans vaE, 1 5 sf$, 2 00 1 + .em-- -*- ---* ..ma---- ------m- ---a -a ~qrendment of 2. En section 2 of the Indian Forest Act, 1927, htreina?ter referred to saccton2 of Act 8s the, priacipal Act, for clause (1) the foUowi ag clause shall be substitute4 80. XVI of 1921 namely :- L .<(I) <cauthorised officsr" means an officer authorired undar sub section (1) of section 52-A; (1-A) &<cqt tle" includ :s elsphants, camels, buffalo:^, horses, geldings, ponies, colts, fillies, mules, asras, pigs, rams, ewes, sheep, Iambs, goats and Mds; " ' \ wendment of . w o n 26 3. I n section 26 of the principal Aot, in sub-section (I), ( i ) in clause (b) after the words 6'resorved Poiest" the words '<or to a forest in the land ia respaot of whioh a notification under section 4 has been issued" shall be inserted ; (ii) in clisue (e) for tlie word cldragging" the word c'remo~irig" shall ba substitued; (iii) in clause (f) after the words "th: sam:" t h: wards '<or any forest produce" shall be inserted ; % . , * ( iv) for the words "shall b3 pvaishable &th i r n @ ~ o n ~ ~ n t ~ f o r a term which may extend to sixmonths, or wit@ fine which may extend to five hundred rupees, or with both," the words "shall, for an act under clause (b) or clause ( f ) or olause (g) or clause (h), bb punishable with imprisonment for a term which may extend to two yesrs, or. witb fine which may extend to five tbousand rupeas, or with both, and on the second and every subsequent ~onviction for ths same offence, i with impriqonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupeas but which shell not be less than five thousand rupees, or with both, and for an act under any of the other clauses, be punishablp with imprisonment for a term which may extend to six months or with fine which may extend t o one thousaad rupees, or with bath, aad o n the second and every subsequent conviction for the same offence, I with imprisonment which may extend to six months, or w i t h fins which may extend t o two thousand rupees, or with bath," shall b3 s~bstitured. ~rnendz e :t of 4. In section 33 of the principal Act, in sub-section (11, redion 33 ( i ) in clause (c) after the words *'or clears" the words '#or, attempts to break up or clear" shall be inserted; (ii) io clause (f) for the word 'cdrags'e the word "removes" shall be substituted; (fi i) for the words <<six months or with fine whkh may &tend tb five hundred rupees, or with both" the words "two years; or with fine which may extend to five thousand rupees, or with both and oe the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and witb fine which may extend to ten thousand rupees" shall be substituted. mt of Ayendm- 5. In section 42 of the principal Act, for sub-section (I), the following sectton 42 sub-swiion shall be slrbstitut~d~ naaely : "(1) The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which m%y extend to two years, or fine which may extend to five thousand rubees or both " I ~ Amo.~dme~nt o i 6. In section 52 of the principal Act, I section f 2 (i) in sub-section (1) , for the wards 'bvebicles or cattle" the words I "vehicles, cattle, ropes, chains or other articles" shall be ~ u b ~ t i t u t e b ~ I & I (li) for sub-section (2), the following sub-sections shall be substituted, name1 y LL(2) Any Forest Officer 01 police dfficer may, if bc 4* i reason to believe that a boat or vehicle has been, or is being, used for the fnsetdgn of new ~Wionr 52-A 52-B. 32-c a d 52-D Nsrw ~rnlnwsn, 1s ari, zoo1 lir* -l.I~I-IIILLIIII.n- 1 I-.-...-------- --------.-I------9 trBmport of my forest produce in ~espect of which a forest 0Benc0 I has been, or is Being, committed, require the dt~ver or other pcr,on in charge- of such boat or vehicle to stop it, and he I may detain such boat or vehicle for .such reasonable time as is necessary to examine the contents in such boat or vebicle and to inspect the records relating to the goods transported so as 50 ascertain the claims, if any, of the driver or other per,son in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question. . (3) Every officer seizing any property ~ n d e r this section shall place on such property a mark indicatidg that the same has been so seized a ~ d shall, a3 soon as .may be,make a report of such seizure to the ~ag i s t r a t e having jurisdiction to try the offen? on account of wbich the seizure hbs been made, and if the seizure is in respect cf forest produce wbich is the property of the State Government, shall also make a report to the authorised officer:' 7. After section 52 of the principal Act, the followi~~g sections shall be inserted,,, namely: "52-A (1) notwithstanding anything contained in this Act or any other law for the time being in force where On a forest offence is belived to hare been com- . mitted in rcspoct-of any forest prcduce, which is the proparty of the State Government, the officer selzing the property urder sub-section (1) of section 52 shall, without unreason able deJay, produce it together with all the tools, boats, vehicles, cattle, ropes, cbains and other articles used in committing the offence, before an oEcer, not below the r z ~ k of a Divisional Forest Officer, authorised by the State Government in thh behalf, who may, for reasons to bc recorded, make an order in writing with regard to costody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them. (2) 'Ihe authorisrd officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior. (3) Where tke authoriced officer passing an order under sub section (1) is of the cpiniorl tbat the propcrty is subject to speedy and natural decay he may c rder 1 he prcperty or any part thereof to be sold by public auction and may deal wirh the proceeds as he would have dealt with such prcperty if it hcd not keen sold and shall report about every SL ch sale to his oBcial superior. (4) No order under tuS-section (1) shall be made with~ut giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have rome interest in such property: Provided that in an order confiscating a vehicle, when the offcnder is not tractable, a notice in writing to the registered owner thereof and considering his objections if any will suffice. (5) b o.order of confiscation cf any tool, boat, vehicle, cattle, rope, chain or other article shall bemade if any person referred to ln sub-section (4) rreves to !he satjsfaction of the authorised officer that any such tcoi, toat, vehicle, cattle, rope, chain or other article was used wit hcut his knowledge .or connivance or without the knowledge or connivance cf his servant or agent, as thecase may be, acd that all reasonable prccautlcns had been taken agai~s t use cf the objects aforesaid for the commission of the forest offence. 52-E, Any rerson aggrieved by an order of confiscation may, with in A ~ ~ e a l thirty days of the date of Communication to him of such order, prefer an appeal to the State Gc\ern~ent and the State Government shall, after giving an c r~ortunity cf being beard to the appellaat and the authorised oEcer pass sccb order as it may tbink fit conBrming, modifying or annullink the order ap~ealed against and the order of the State Government shall be final. I 52-G. No order of confiscation under seclioq 52;q or, $2-B shall Order of con. prevxt the in iictiori of an$ patliphrnent to ci3citioa ' nJt ~ h i q b the p m o p $fe~ted: fhephg may be to previst ad liabl$ under this Act; other punish m9nF 51-D Notwithstanding any:hing to the contrary contained in this B ~ F d juiig)ic Act or in tbe code o f q io i@$l ' P~cedure, t im in certatn 1973~0ri'flB'~1ydtherla~ "'t'l$e':i@e, being c a w in for&, wfidiieier any foresfkprodece be longing to the State Qovernaent togetber &fr ' aoy tool, boat, vehicle; cattle, rope, i5hain o r other ' article is seized uhder sub section-(I) of section 52, the authorised o,&er under se'ction 52-A or the State Government utlder saction 52-B shxIl 'h3'Se jurisdiction, to the exclu~ion of every other officer, cokrt,' iribuhal 6r authority; to make orders with re&rd to the custody, possessioa; deliver?, disposal \ or distribution'of the property." ' Amendwnf: of 8. In section 53 of the principal Act, s"setias53 ' "' ( i ) for the words 'svehicles or cattle" the words "vehicles, cattle, ropes, chains or other articles?' shall bk substituted. (il) after th: words "the sei7;ure has been made" the words "except in respect of casps falling gnder section 5a-+ for ~ h i c p the p r ~ ~ g n r e laid do3b in that sc ction shall be followed't shq!J Be' inserted. Amend meet of ' 9. In section 55 of t h ~ principal Act, in su$-section (I) fqr the section 5s words ':vehi?les and d' cattle used ii;'bommitting any 'fprpst offep$! the words "vehicles, cattle, , ropiq, chains giid other ' article; y ~ e d in committing suoh forest offisnce" shall bs s:lbstituted. Amendment ot 10. In s e ~ t i o l 57 of the principal Act, for the woqds ;'The sect1 on 57 Magistrate mpy." the words "the Magintrate, sqbjact to set iqn 52-D may," shali bs substj(uted. r ? * Amendment of 1 1 . In section 55 of the principal Act for the words "the reetfon 58 Magistrate may, rotwithstanding anything hjrcinbeforp contained," the words "Notwithstanding apything 1iereinb:foyq' wntaiqsd, but subject to sub-section (3) of seciion 52-A, the Magistfate may," shall bo substituted. Amendment of saction 60 lasertion at ncwrections 6,-B and 61-C 12. Sect: on 60 of the pri.~cipa! Act sh3\1 be renumberad as sub section (!) thsreof - and 'after sub-;ection f 1) as so 'renumbered tho following sub-section shall be inserted, namely: "(2) When a n order for confiscatiou has l?eeq pase4 upder section 52-21 and the period of limitation for an appe%l or revision has elapsed and no appea 1 or re visiq n has been profarred or when in a ppea 1 or'revisior, the order for codfiscation for whole or a por t ionof the property has bsen confirmzd, the pr3psrty or such portion, as the case may be, shall vest i n "he State Oovernment- free' from all encumbrances." 13. Afier seation 61-A of the prin&pal Act, the following seations shall be inserted namely: ':6i-B (1) If a .Forest Officer, not below the rank of a Divisional sumrnaryeviction F O T ~ S ~ Officer, is of thi: opinion that any af uoau;h~rlzed person is in u'na'u$horised occupation of any occu pants land ih areas 'constituted as a reservdd or ptoteokd forest uqder sgct;on 20 or section 29 a? the Gaes ma~,be, and that he should be evicied, the Forest Pfficer shall issue a notice ia writing calling upon the pzrsorl, coac?rnc;d to show cause, on or before such dafe as is specified in the notice, why an order of eviotion phpuld not be made. (2) If afger coosidering the causs, if any, shown ia pursuance of a notice under this seetibn, the Forest OatioeY'is safisfidd that tlia sa!d land Insertion d new rection 65-A WR dip g g r r n 4 ~ S J ~ Z , 1 5 qd, 2001 '-" .iP.-r--r-ô --&-...-------*-' --I ---1 ----- --~-----@ Ion for is in unauthorised occupatioo. hs may make an order of evi%' reasons to be recorded therein, directing that the said land shall & qraqated ky such date, as may be specified in the order. the &sop conqqned, which shall not be less than ten days-from the date'of the order. (3) 1~ any person refuses or fails to comply a i th the ~ r d e r of eviction by the date specified in the order, the Porest Officer who Amendment e l sactioo 68 I the order under sub-section (21 or any other Forest Officer, duly asthorise$ by him in thiS beha.lf, may evict that person from and take popp;sSession of the said land and-may, for this purpose,'use rr . suih'fdrce as may be necessary. (4).Any person apgrived by an order of the Forest 05cer under sub-sectlon (2) hay, within such period and in sucX manner as mag be p~escribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authdrised by the State Government in this behalf and the order of the Forest Offictr shall, subject to the deeision in such appeal; be final. ' . ' 61-C (1) Where any person has been evicted from qgy land ~lsposal ' of ' under "section 61-B, the ForeSt 0$cer may, pro@f@ left on after- giving dot-' less than ten days notice to la& by unauth - the person 'from whom gqssessi@n of the rise$ 0 ~ , ~ 1 @ ~ t land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on , such land including any material of a demolished' building or statlding crop. i v (2) Where any property is sold under sub-sectiqp (1) the sale procpds'thereof shall, after deducting the eoxgeqsei of the saLq aqd the eypqnscs n2~6~sa1-y to restore the land to its rigiaal' coqdition, Qe paid to the person concerned.'* 14. After section 65 of the principal Act the f ~ l l o $ i ~ ~ section shall be [nserted namely : ''65-A (1) Notwithstartding anything contained i n this Act or in Cer.ai2 offences tha Code bf Oriminal-'Procedure, 1973 any t a be non- offence punishable under section 36, or b6ilabb section 33 or section 42 or section 63 shall be non-bailable. (2) No porsop accused of any offence as aforesaid shall, if i n custody, be released on application for releasd on bail or on his own bond I ' (a) the prosecution has been given an opportunity- to oppose the application for such' release, and (b) Where the prosecution op&ses the app1ic:tion as aforesaid the court is satisfied that t re are reasonable grounds for beliving that he is not guilty of such f o ence." 15. ~ f i e r section 66 of the principal Act, the following section shall be inserted, namely: "66-A. Whoever, being a Forest Oficer or Police Officer, bound Penalty lor not under section 66 to prevent commission of any preven'tag c'w- forest offence, intentionally or knowingly, neg- mission of f >rest o f l e ~ c e lects or omits to prevent or abets, the commis sion of such offence, shqll be punishableZwith 1 inlprisonment for a term which may extend to IWO years or with fine or with both.'' 1 I 16. Iq section 68 of the principal Act, in sub-section (3), (i) the word <*and is in receipt of a monthly. salary amounting 1 to atleast ona'hundred rupees" shall be omitted; I ( i i ) for the words "five hundred rupees" the words "five thousnnd rupees for the first offcnce and for seoond and subsequent offew of the same nature shag not be less t$n five thousand rupees or more than ten thousand rupees," shall be substituted. e l " . - - . . . I I I ~ ~ ~ " - l l - - - - - - - - - , , - , - - , - - - - ~ ~ ~ - ~ - S u ~ d t o d ~ ~ of 17. For section 74 of the principal Act, the f01:owing section shall b, saction 14 . substituted, namely : '674. No suit, pro.secution 'or other legal proceeding shall lie Indemnify for against 'the State Government or any ~ub l i c acts done in servant for anything which is in good Pith good faith done or intended to be done in pursuance of this Act or rules or orders made thereunder." Amendment af 18. In section 77 o f t he principal Act for the words "one mont), or rection 77 fine,whioh may extend tq five hundrapl rupees", the sords '(one year, or with fine whioh may extend to two thousand rupees" shall be substituted. Amendment of 19. In section 79 of the principal Act, in sub-section (2) for the words rection 99 "me, month, or with fine which'may extend to two hundred J'upces", the words '*one year, or with fine which may extend tckone thousand rupees:' shall be substitnted. Substitution of 20. For sectih 82 of the principal Act, the following section shall bo m i o n 82 gtrbstituted, namely : '$82. All m&ey, other than fines, payable to the State Govern R m v e a of money . me nt under this Act or under any rule made due to State thereunder or on aceount of the price of any Government forest produce or anyagricultural crop grown on land owned by the State Government in a reserved or protectid forest or under any contract relating to forest ~roduce or said agri cultural crop, including aqy sum recoverable thereunder for breach thereof, or in conscqueqce of its cancellation, or under the terms or a notice relating to the sale of such agricultural crop or other forest produce by auction or by invitation of tenders.issued by or under the authority of a Forest Officer and all, compensation awarded to the State Government under this Act, may, if not paid whendue,be recovered, under the law fcr the time being in force, as if it were an arrear of land revcnao." STATEMENT OF OBJECTS AND REASONS' In the recent past incidence of forest oEenoes has increased copsiderably. Forest offences are now committed by organised and influential gangs with money and musole power. I3uaroaohments on forest taod have also increased. The provisions of Indian Forest Act, 1927, in its application to Uttar Pradesh, are not adequate to put an effective cheole on the activities of such offenders. It is, therefore, considered necessary to amend the said -Act in its application to Uttar Pradesh so as to equip the officers of the State Government with more powers to deal with such offenders effectively and to provide for strfngeat punishment for such offences. Certain offences have been made non-bailable. It is also considered necessary to provide for seizure and confiscation of certain other articles like ropes chains, etc. besides tools, borits, a r t s and cattles and to lay down spedfic procedure for seizure of forest pioduoe which is the praperty of GoJernmcnt together with the tools, boats, carts, oatties etc. and oonfiscation of such toolst boats e ta It Is also considered necessary to provide for appeal to the State Government against the order of confiscation and to make the decision of the State Government final. . In view 6f large number of cases af encroachment on forest land, it has been considered necessary to . provfde for summary evication of unauthorised occupants and disposal of properties left on land by such unauthorised occupants. Certain valuable forest produce are being inoluded in the term &forest produce'. Certain other consequential amendments are also being made. J The Indian Forest":(UttarlPradesh Amendment) Bill, 2000 is accordingly introduced. I RAJDHARI SINGH, Afanfri, Vcm. I S I I By order, Y. R. TR~PATHI, I I - Pramukh Sachlv. . e n q w a qo %a--po s l o 251 nro km@ -- (7313)--2001--8bo (%o) :