Nagaland Forests Act, 1968 (No. 3 of 1968)

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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 Nagaland Forests Act, 1968 Act 3 of 1968 Keyword(s): Cattle, Forest offence, Forest Produce, Land at the Disposal of the Government, River, Tree, Timber Amendments appended: 9 of 1969, 4 of 1974, 5 of 1974 THE NAGALAND ACT 3 OF 1968 [THE NAGALAN D FOREST ACT, t 968.1 [Published in the Nagaland Gazette-Extraordinary, Dated 1st April, 1968.1 Received the assent of the President of India on I he 27th March, 1968. An Act to amend and consolidate the law Relating to Forest, Produce, and the Duty leviable on timher in Nagaland Preamble.-WHEREAS it is expedjent to amend and consol;date the law relating to forest, produce, and the duty leviable on timbe; in Nagakand ; It is hereby enactrd in the Nineteenth Year of the ~ e ~ u b l i c \ of Jndia I as foll~ws : I I CHAPTER J . Title, extent arid commencemen't.--1 . ( I ) This Act may be catled , . , . . the Nagiland ores st AC;, 1968. ' ' . ' . . (2) It extends to,thc .. .. . .whole. . . . . of Nagaland ; Provided that the Statc Ob~ernrnent may, by,,notification. in the Official Gazette, exempt any place ' , from the operation of the whole or any,,part thereof, and withdraw such exemption. ', , b . . , , (3) It shall come into .for.ceon.such day as the State Government by , notification in the' Official. Gazctte directs. A (4) A notification under the proviso to sub-section (2) exempting a place from the operation of the whole or any pact of the Act shall not effect anything done, or any offence committed, or any fine or penalty , imposed in such place before such exemption. \ Defl nitions-2. In this Act, and in all rules m3dz thereunder, unlcss there is something repugnant in the subject or context, : ( I ) "cattle" includes aIso elephants, buEalotx, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, mithuns, sheep, [rams, ewesjl lambs, gaats. and kids ; , (2) "Porest offence" means an offence punishable under this Act or any rule thereunder ; . . (3) "forest officer" means any person appointed by name or as holding an sffice hy or under the orders of the State Govt. to be a Conservator or Director or Director of Forests, ~ e ~ u t y Conservator, Assistant Canscrvntor, Forest Ranget, Deputy Ranger, Forester or Forest Guard, ofto discharge any function o f Forest Officer under this Act o; any rule thereunder ; ! (4) "forest producey' jnclu$cs : (a) the following, whether found in, or brohgllt from a forest or not, that is to say,-timber, Warcoal caoutchouc, catechu, wood oil, resin, natural varnish, bark, lac, myrabblarns, khinoceros horns, and [ (b) the following when found in, or brought from a forest, that is . . to Say : . . . . . . (i) trees and leave, [flowers]* and fruits and all other. parts-or produce not hereinbefore meotioncd of trees, (ii) plants not being trees (including grass, creepers, reeds nod moss), and alI parts of produce of such plants, (iii) wild animals, birds, butterflies, insects and skins, tush and [horns (other than rhinoceros horns), bones, silk cocoons]3 honey and wax and all other parts of produce of animals, and G . . I. Added vide Naplaud Act 9 of 1969. 2. Added vide Nawbd Act 9 of-W69. 3. Substituted vide Hagaland Act 9 of 1969. (iv) peat, surface soil, rock and minerals (including limestone, Iaterite, mineral oils and all.produces of mines or quarries) ; (5) r'Government" means the Government of Nagaland. (6) "Land at the disposal of the Government" means land in respect of which no person has acquired (a) a permanent, inheritable and transferable right of use and occupancy under any law for the time being in force ; or (b} any right created by grant or Iease made or continued by, or on behalf of, the Government not being land . vested in the Government for the purposes of the Central Government ; . , (7) "Magistrate" means a Magistrate of the first or second class, , and includes a Magistrate of the third class when he is specially 1 empowered by the State Government to try forest offences ; i [(7A) "prescribed" means prescribed by any rule made under this Act]' I (8) "River" includes also streams, canals, creeks and other channels, nalural or artificial ; ! i (9) "tree" includes palms, bamboos, stumps brushwood and canes ; I and i ! + (10) Lctimb~r" includes trees when' they have fallen or have been , felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not. ! ! CHAPTER JI RESERVED FORESTS POW,, to constitute reserved forasis.-3. The State Government j "day continue any land at the disposal of the Government as a reserved forest : in manner hereinafter provided. Notification by State Government of proposal to constitute j a reserved f o r e s t . 4 . ( I ) Whenever it is proposed to constitute' any I . Added vide Nagaland Act 9 of 1969. 3 18 land into u rzservcd forest, the State Gogernincnt shall publish i notification in the OficiaI Gazette, , . (a) sp~eifying as nearly as possible the situation and limits of sucb land ; (b) declaring that it is proposed to constitute such Iand as a r&'rved . . forest ; and (c) appointing no officer (hereinafter called the Forcst Settlement Oficer) to inquire into and determine the existence, nature, and cxtcnt o? any rights claimed by, or alleged to exist in favour of, any person in or over any laud comprised within such limits, and any claims relating to the practice within such limit of jhum cultivation, and to deal with the same as provided in this Chapter. (2) The Forest Setdemcnt ~ficer'shal l ordinarily' he a' p t h n , other than a Forest Officer, but a Forest OEcer may be appointed by the State *Government to assist' the Forest Settlement OAicer in the inquity prescribed by this Chapter. . .. , , . . , , . , Prodarn ation by Fareat Sattlement 0fRcer.-5. W& a notification has been publisl~ed under section 4; thc Fare* ~cttlement Dfliur, shakl publish in [any prescribed language or languagesIf at the headquarters of each +istricr- and-sub-divisioain which.any- portion ofi the land comprised' , in such. ~~otificarion is situatccl, and ~: every- town, and village i n , , the neighbour-hood of such land a procl&rnationd. .. , (a) specifying as nearly us possible the sit~attott md limits OF the prqposed forests ; (b ) ' setlink rorth the substsncc of the provision 61 the ' next following:: section ; (c) explaining the consequcnccs which, as hereinalter providd, will ensue-on the reserhtion of'such forest ; and. ( d ) fi~ing a period of not less than thwe months from h e -date. 6i' the publication of such ptoc!arqatiofl, and reqt~iring every person Snbstito~d vide N a ~ s l r n d Act 9 or 1969. . . .: , claiming any right or making any claim referred to or mentioned in sectian 4 eithcr to present to such officer within such . period c i written notice specifying, or to appear before him wiihin such period and state, Ihe nature of such right of claim. Bar 'of accruai of forest rights after proclamation.-6. ( I ) During thk'jkterval between the publication of such proclamation and the date fixed by the notification declaring the forest to be reserved as herein after provided, noright sh3)1 be acquircd in or over tbe land comprised in sucli notification, except by succession or under a grant or contract in writing made or emred into by; o r on behalf of. the Government or some person in whom such:' right or powtx to =reat; such ~ight was vested when the proclamation was published ; and on such.'land no new hduse shall be built or plantalion formed. ' no fresh clearing^ for cultivation or for any other purpose shall be made, and no trees shall be cut for the purpose of trade or manufacture except as hereinafter provided; : . , , - . i , (2) , Notbing in this section sha!l be deemed to prohibit any act done with ibc permission in writing of the Forest Settlement Oficet, or any clearings lawfully made for jhum cultivation by persons In the habit of . . such cultivition on such land) , , : , - . . Inquiry by,krest Settlement 0fFicer.-7. ( I ) The Forest Settlement . . Offjcer shall.take down in writing all statements made under section 5, a d . . ' shall ; inquiry into al! claims made und.err that section, and the existence of . : ' , any right qr practice mentioned in section 4 in .respet of which no-claim is m e . , . (2) Tbe Forest Settlement Of6cer shall at the same time mnsider andmrecord. a&, objection which the Forest Officer, if, any, appointed under 4 to assist him, may make lo any such claim or with r a p t to the =xitence of any such right or praciice. . , Powers of Farest Settlement OfR~er.--8. For purposes of such inqiry tbe Fqrest Settlement Officer yay exercise-- . . .. (a) power to enter, by himself or any offimr huthodsed by him for the purpose, upon any land, and to , survcy, , demarcate,. . . and make NAGALANO ACT 3 OF 1968 F a map of the same ; and (b) the powers of a Civil Courl in the trail of suits. T reatrnent of claims relating t o practice of jhum cultivation.-9. ( I ) l n the case of a claim relating to the practice of jhum cultivarion the %orest Settlement Officer shall' record a statcrnent setting forth the particulars of the claim and of any local rule or order under which' the practice is allowed or regulated, and submit the statement to the State Government, logelher with his opinion as to whether the practice should; be,permitted or prohibited wholly or in part. .. . . (2) On reccipt, or the statement and opinion 9.. S~ate.,Governmen~ , . may make an order permi~ting or probibit i~ the ptactice A~bolly,or . ... in part. . ' (3) ~ f s u c h practice is permitted ~ h o D y w i n parr the Forcst Settlement Officer may drrange for ils exercise I ., (,) by altering the limits or the land under settlement so: as to exclude land of' sufficient extent of a .uitablc . kind, and id locality, reasonably convenient for the purposcs of the claiqaants, or .,. . ; . . , (b ) by causing certain portions of the land under settlement to be . . . . separately , derparcated, . and givihg. .pe@sion to ithe.&laimants . & . .. to practice jhum .cultivation - therein und,err:syh .,cppditions as he , . -. . , . . . .may. prescribe. . . . . : . . . ; , ' . . I All arrangements made under this sub-section shall be subject to the . . . . * . . . . A ' :pr,&ibus.sanbtion of thc State Government.. : I . . . . . . . . . ,,,I . , . ,. , , , ..... - . r . . a , . - l .. :.... .- . { The :pra~ticq.of jhum.cultiyat-ion sbdb in a!!cases be;de+ped to bc a ; privilege subject , -.to+ control. sestricti,on,. . a@ .abolition by the State Government, and not to be a right. ., . , , : Power to aquirelland over which, right; is -cla.imed.-JQ!-,(d) In the ; case of a claim to a right in or over any laqd otherlthan .thefoUo.wi,?g Fights, namely :- I I . .. . . , , . . . * . , . . , , , . - . . . . , - . - , 1 (a) +rightsf-way, . . , > .. , - , .,.. ... . . , :.oL!. . . . . , .. . , , , , 321 . . (6) a right to a watercourse or to use of water, (c) a right of pasture or to ' forest producc, thc Forest Settlement Qficer shall pass an order specifying the particulars OF such claim . and admitting or rejecting the samc wholly or in part. , (2) If such claim is admitted wholly or in part,the Forest Settlement Officer may, (a) come to an agreement with the claimant for the surrender of the right, or (b) exclude the land from the limits of the proposed forest, or (c) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894) or the Nagaland Land (Requisition an3 Acquisition) Act, 1965 (3 d 1965). (3) For the purpose of so acquiring s'uch land ( i ) the-Forest Settlement Oficer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 ( 1 of 1894) and Nagaland Land (Acquisition and Requisition) Act, of 1965, (3 of 1965). . I , (ii) tbe claimant shall be deemed to be a person interested and : , .. .appearing Ixfore him in petsuance of a notice given under section 7 of the Nagaland (Acquisition and Rcquisitioo) Act, 1965 (3 of \Pis). (jib the provisions of the proceeding sections of that Act shall bc deemed to haye been complied with, and Ivi) the ColIcctor,. with the consent of the c~dmrlnt may award compnsati~n in - land, or money, or partly in laud and partly in money. Order anelaims to righeof-way, watercbum o r pasture, or forest bduca.-11. ( I ) Xn , the a s 6 of a h i m to a right of a kind specified in clause (a) (b) or clause (c) of section-10, sub-section (I), the Forest Settleinent Officer shall Pass an order specifying the particulars of such claim and admitting or rejecting the same wholly or in part. ' (2) When a claim to any such right is admilted; if the right is for the beneficial enjoyment of any land or building, the Forest Settlement Ofiicer sball record the designation, position, and arm of such Iand or the designation and position of such building, (3) Where the right is a right to forest produce, the Forest Settlement Officer shall record whether the forest produce obtained by thc exercise of such right may be leased, satd, or bartered, and such other particulak ns may be necessary in order ta define the existence, nature, and ex tent of the right. P~ovision for right of pasture or to lorest produce admitted.-12, . ( I ) When the Forest Settlement Qficer has admitted wholly ar in part and recorded under the last foregoing section a claim to a right OF pa5ture . or to forest produce, he shall be as far possible provide for the exercise of such right ; (a) by altering the limits d t h e proposed reserved forest so as to exclude Iand of suficient extent of a suitable kind, and in a locality reasonably convenient for the purposes of the claimant, or (bl by icprding an order continuing to the claimant a right of bsture or- to forest produce, as the a s c may be, subject l o such rules as may be prescribed by the State Government. . , , . . , . (2) A n order passcd under dause (b) of sub-section (1') shall recdrd, : as f ~ r as practicable, - , (i) whore the right af pasture,' the num&r and dtscriptipn of the . mttfe which the- claimant is from time,to time entit ld'b graze and the local limits within which, and thc stason$ dari~lg which such pasture i s permitted, and .. L lii) where the right is the right to forest praducc, d ~ e quantity-af sucb produce, which the claimant is authorised to take or receive and thd local limits within which, the season during whichand the mode k which, the taking' or r w i v i n g of such produce is pemitted, and . ( i i i ) . wherher \he right is o right of pasturc or a right to forest produc: such other parlic~lars as may be required in order to define the extent of thc right which is continued, the mode in which it may be exercised, and the extent to which the bendit therof may be leased, sold, or bartered. . Commutations of such rights.-1 3. Whenever any right of pasture or l o forest produce admitted under, section 1 1 is not provided for-in oat of rhe ways prescribed in section .l2, the .Foresf Settlement C)ficer shall, subject to such rules as ihe State Government may prescribe in this behalf commutc such right by paying a sum of money in lieu thereof or, with the consent of the claimant, * * * *I by the grant of land or in such other manner as such officer thinks,fit. . - - , . . Appeal from order passed,: under . .foregoing sections.-14. A.ny person who h p made a , claim under . this Chaptrr or any Forest @leer or other person generally a/ specialiy empowered by the State Government in his behalf may, within three rnonlhs from the date of any order passed on-such claim by the 'Forest Settlement Officer' urider sect ions 10, 1 1, I2 a n d 13 present an appeal, 'from such or& to such~oficer of the Revenue Department, of rank not lower than that af a:Dupty Commissioner, as'the State Government may, by notification in the OfficiaI Gazette, appoint by name, r as' holding an oficc, to h'ear ap~eals from such orders. , AppeaI under the last foegoing , s,ection.-15. - ( 1 ) Every appeal under the last foregoing section shall be made by petition in writing and may be delivered to the Forest S,ettlcment :Officer, who shall forward it without delay to the officer competent to hear the same. , . q2) Every such appeal shal.be,b,eard in lhe manney prescribed for the fime being for the hearing of ,appeals in, matters relating to revenue and, except as hereinafter provided, the ordcr pefsed $n a p p l . . r l p l l .. hc . final. . . - - : 4 . .,,-.t Notification declaring forest reserve.-16- (4j When the following cvcnts have occured, namely :- , , . . . . , i . . . . . .. . . .. . fa);,bs . ,. period under skti.6 5 kc preferdog , . , c$ims har . ,. . elapsed, ' :.. :I . - * . " , . 1. 'Fhc words " b y - W e n t of h e daimant" dcletcd vide N a g a h d Pct 91pf.lJ69. ~ A a A t i N n ~ ' m 3 OF 1968 AAGALAND COD^ C and all claims, if any, made within such period have been disposed df by the Forest Settlemen1 Oficer, and (b ) if such claims have been made, the period fixcd by section 14 for appealing from thc orders passed on such claims has elapsed, and all appeals, if any, presented within such period have been disposed of b:y the Appellate Oficer, and (c ) all lands, if any, to be included in the proposed reserved forks; which the Forest Settlement Officcr has, under section 10, electcd to acquire under the tand Acquisition Act. 1894 or the Nagaland land (Acquisition and Requisition) Act, 1965, [have become vested in the Government under any of those ActsI1 the State Government may publish a notification in the Official : Gazette, specifying the limits of the forest which it is intended to reserve and declaring tfie same to' be' reserved from a date-fixed by such notification. 1 . I . . (2) F?om the date so'fixed such foikst shall bc deemed to be n iescr&d , . Grest. , .Extinction of-rights not claimed,'-17. ' Rights in respcct of which no claim bas been'preferred under section 5 and of the existence of which I . . no k-nowledge has been acquired by inquiry under section 7 shall thcre up& be extinguished, ,unless, before the publication of such notification, the person claiming them 'has etis'fied the Forest Settlement QOcer tbat'he had sufficient &s~'foi'&t $&ferri~~ Etch claim, iyithin the period fixed under section 5. . I . . . of forest.-18. The Deputy Commissioner of the district i n whidl the forest i s situated shall, before .tbe,date-fixed b y such notification, must a translation thereof-in tee, [any p.rcscribed langtiage or-,. 1anguagesj1~ to- be published in the mannef prescribed-for;the proclamatidn under section 5 . , - . . > . ., Power to revise arrangemen! made .under saction 12 or 15.-19. . . .:. . ' The State Government may, within five years- from the publication of any notification under section 16, revise any arrangement made under section 12 1. Substituted ride Nagalaad Act 9 of 1%9. or 15 and may rescind or modify any order made under this Chapter, and direct tlmt any ofie of the proceedings specified in seclion 12 ibe paken in lieu of any othe~ such proceedings]', or that a right admitted under section 11 he commuted in the manner mentiowd in section 13. ~cquis i t ion of rights over reserved forest.-20. No right of any description shall be acquired in or over a resewed forest, exmpt by ~~ccession or under grant or contract in writing made by,or with thc prcvio~s sanction of, the Shlt: Goverarnent, or some p ~ q n in whom such right, or thc powcr to create such right, was vested wbt~!thc notfidion kclion 16 was published. Alienation of rights in rtservtd forest.-2f. (4 Notwithstaodiag anything ilerein contained, no right c ~ n t i n a d under section 12 shall be alitoattd by way of gant . sale, lease, mortgage, or otherwise witbut t!be sanctioa d the State Govzmment : I Provided that. whed any $such right is continued for the hne5cial toj&meat of any land or building, it m y be sold or otherwise aliennted wltb such bud or building without such sandon. . . I (2) The b e n h of w y right continued under section 12 shall not be \ leased, sold or bartercd elr~ept-to the extentc, d&nd by &e order recorded under that sectioa . . Pawer to stop ways and water'cauries . , . in nsarud far&.-Z: r(ny Forest ' O k r , : n a y . [ram Lime, to time, with tho sanction of + '. + .. . . r the State Government or of a Forest ' O&er or o k o ~ & r authoiscd .-,' - ,,- .. ::by thc Srare Government in this hhalf, stop any public or private way 07 , .. - . , . . ' ".': watercourse in a resewed forest :. Provided that for the way or watercouae w skipped andher way or watmuri i which, in rhe opinion of the State- .Goue~nmeat. is,equslly cunvmicnt, alr&idy exists or bar b r c ~ prcvidcd.or constructed by the Form Ofecer stopping the way or watrrcaurse. Penalties Cor trespass or daamage in reserved for+ -23, Any person wbn In a resel vcd fom I b S~bbtilukd vide Nagahnd Act)d29&. (a) trespasses, or pastures cattle, or permits cattle to trespass, or (b) causes any damage by negligence in felling any tree or cutting or dragging any timber, shall be punished with fine which may ! extend to fifty rupees, or, when the damage resulting from his affence amounts to more than twenty five rupees to double the amount OF such damage. Acts prohibited in such forest.-24. Any person who (a) makcs any fresh clearing prohibited by section 6, or. (b) sets fire to a reserved forest, or incontravention of any rules made by the State Government, kindles any fire, or leaves any fire burning, in such manner as to endanger such a forest, or who in any such forest, (c) kindles, keeps or carries any fire except at such seasons and in such manner as a Forest Officer specially empowered in &is ; behalf may from time to time notify, or (4 fells, cuts, girdles, marks, lops, taps, or injures by k or otherwise I any tree, or (e) quarries stone, burns lime or charcoal, or collects subject to any qanufacturing process or removes any forest produce, or 1 ( f ) clears or breaks up any land for cultivation or for any o~her purpose, or (g) poisons water or in contravention of any rules made by the State Government, hunts, shoots, fishes, or sets traps or snares shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Acts excepted from sections 23 and 24-25. Nothing in section 23 or seclion 24 shall be deemed to prohibit . . (a) any practice of jhum cultivation permitted under section 9, or. (b) tbe exercise, in accordance with the rules if any, made 'by the State Government under section 12 of any right continued under that section, or (c) the exercise of any right created by grant or contract in the manner described in section 20, or {d) any act done with the permission in writing o f a Forest Officer specially empowered to grant such permission. Penalty for offencer committed by persons having rights in raserred farest.-26. Whenever fire is caused wilfully or .by gross llcgk gence in a reserved fdrest by any persin having rights in such forest or permission to ,practie ,hum cultivation therein, or by any person, in his ernploynen~, or whenever any per so^ having rights in such forest contravenes tbe provisions of section 21, the State Government may, notwitbsianding the infliction of m y .punishment under this Act, direc l Ihar in such forest, or any speciiied portion thereof, the exercise of all or any of the rights 01 pasture I , ,. - or 'to forest produce shall be extinguished; or for such period as it thinks fit be suspended and. with rcspect to the practice or jhum cul~ivation, may take suc9 action under section 90, sub-section (4) as may seem to i! to be proper . . - .. Power to declare forest an Ianger reset ved.- 27. ( 1 ) The State Government, may, .by notification in the Qfficial Gazette, direct that, from a datk to iie' fixed .by suc)t, notification, any forcst, or any portion chertof, reserved under this Act shall ccase to'bc reserved. , ' ' ' ' ' (2l;' &m 'the date &I fixed,sueh forest or portion shall cease lo bc reserved, but the rights, if any, which have been extinguished therein sbail not revive in conseqpence of such cessation. , . ' CHAPTER 111 : , ' . . , : . ' ., . . Village Forests . , . Constitution d village forest.-28, ( I ) The State Government, may, by notification in the Official Gazette, constitute.any Iapd at the disposal of the Government a villagc forest for the benefit of any village community ~r:~toup of village'communitics, and-may in like manuer: Vdry or ,cancg any such notification. . . , , (2) Every such notification shall speciliy the Iimits of such village . , forest. Powers to make tu?es for village forest.-29. (1) The State Government may make rules for regulating the management of village forests, prcscribiog the conditions under which the community or group of cornmu nit ies, for the benefit of which any such forest is constituted may be provided with forest produce or with pasture, and their duties in respect of the prbtec tion and improvement o l such forest. (2) The State Government may by such rules declare qny of thc provi sions of Chapter 11 of this Act to be applicable to village forest. Inquiry into and settlement of rights.-30. All claims to any rights other than the rights of the villagc community or group of village communities for the benefit of which such village forcst is constituted, shall be inquired into, recorded, and provided for in the manner prescribed by Chapter iI of this Act. , ... CHAPTER IV Getrerol Protect ion of Foresrs and Forest Produce Resel-ved trees in unsettled tracts.-31. The ~tatd~~overnrnent . may, by notification in the Official Gazette,- , ,(a) declare ' that any trees 'or 'any specified class of trees standing on any land at the disposal of the Government shall, from a date .to be k e d by such ncilification, be reserved trees; . . . [b) vary or cancel any such not%cation. Protection of reserved, trees.-32. No person shalt fell, ,cut, girdle, mark, lop, tap, or injurc ,by h e or otherwise any reserved, trees, ,except in accordance with rules' made by thc State Government in this behalf,. or .as provided by the last section 01 this Chapter. . , . ' - ..- . , 'Protection of unsettled forest belonging to the Ga9ernrndnt: 33. (1) No person shail make use of 'any forest produce of any hnd-at the disposal of the Government and not included in a reserved forest or village - 1 ' 329 forest, except in accordance with rules to be made by the State Government in this behalf, or as provided by the last section of this Chapter. (2) Such rules may, with respect to such land : (a) regulate or prohibit the cutting or jhums or the issue of grants or leases on behalf of the Government; (b} regulate or prohibit the kindling of fires, and prescribe the precau tions to be taken to prevent the spreading of fires; (c) regulate or prohibit the felling, cutting, girdling, marking, lopping, tapping, or injuring by fire or otherwise of any trees, the sawing, comersiofi, and removal of timber, and the collection and re-moval of other forest produce; (d) regulate or prohibit the quarrying of stone the boiling of catechu, of the. burning of lime or .charcoal; (e) regulate o r porohibit the cutting of grass and pasturing of cattle, and regulate the payments, if any, to be made for such cutting or pasturing; 6 f )-"prohibit the'poisoning of water and regulate 'or- prohibit hunting, ,-: ! %hooting and fishing, and tbe setting of traps or snares; (g) .regdate the sale of free grant of forest produce ; and I . (h) prescribe or authorise any Forest Officer to prescribe, subject to the control of the State Government, the fee, royaIties, or other payments for forest produce. and the, manner in which such fen, royalties, or other payment are to be levied, whether in transit, or party in transit, or otherwise. " - ' - - (3) +The State- Government may exempt any person or class of persons, or any local,area, from the operation of any such rule, and may cancel ,such exemption.- , , . . , . Penalties.-34, (1) ~f any person infringes ihe provjsons of section 32, - he shall. be-punished with imprisonment for a term which may extend to .dx.months; or witb fine which ,may extend to five hundred rupees, or witb both. . - , 330 NAGALAF;~ ACT 3 OF 1968 NAC~ALAND CODE c (2) The State ~overnment may, by a rule under section 33, attach to the breach of any rule undeithat section any punishment:not exceeding that mcntioned in sub-section ( I ) Nothing in this Chapter to prohibit acts dons in certain cases. 35. Nbthing in this Chapter, or in any rule under thii'Chspter, shall be deemed to prohibit any act done in the exercise of any right or ' with the permission in writing of a Forest Offioer specially empowered to grant such permission. . . , - . , CHAPTER V Control o w Fareaf rurd Wale Land not being tk of, Govemmcnt. protection of Forests for special purposes.-36.. (lj , The State Government may, by nchification in the local Oacial Gazette, regulate or prohibit in any forest or waste-land (0) the breaking up or clearing of land ; , . (b) the pasturing of cattle ; or I . , (4 thef ig , clearing of the vegetation; whep subh regulation or, prohibition appears n-sary in'thd public intereat for any of the fl . - . following purp4ses : ( i ) for protection against storms, winds, rolling ' stones, . . . 1 floods and avaladches ; I ( i i ) far the preservation of the soil on the ridges and s10~e.s' af~d in the valleys of hilly tracts, the prevention of land slips or oi ' the famation of mines and torrents or the protection of land against erosion, or the deposit theqeon of sand, stones , - - ' or gravel ; . . {iii) for f i e maintengnce of.: .wat;er-supply in spring, rivers and , . . tanks ; . I . , (iv) for the protection of public roads, public bridges, railways, and other lines of communication ; ( v ) for the preservation ol the public health. (2) The State Government may, for any such purpose, construcr at its own expense, in or upon any forest or. waste land, such work as it thinks fit. , (3) No notification shall be made under sub-section ( I ) nor shall any work be begun under sub-section (21, until after the issue of a notice to the owner of such forest or Iand calling an him to show cause within a reasonable period to be specified in such notice, why such notification should not bc made or work constructed, as the case may be, and unti! his objections, if any, aid evidence he may produce in support of the samc, have been heard by an o5cer not below thc rank of a Deputy Commissioner duly appointed in that behalf. (4) All objections filed under the preceding sub-section, rogether with (be proceeding the Special OFficer relating thereto, shall be'.. referred to the State Governmeat For orders. Ou receipt of such refti.chce, and after hearing such further cause as the objector may have to show, the State Government pass sllch orders as it thinks 6t. In any case in which an order under sub-skction ( I ) or action under .sub-section (2) is, in [he ?&ion of the State Government, likely to disturb '&,tantially the ownee rights ,in the 'land to which such order or action .elates, the State ~over;imerit ma) award to such owner such compensation as it may deem eguitable : . . , Frovidedtllat any compensation so paid shall be paid deducted from .he amount pqyable. to the owner undet the provisions of the land Acquisition . 1 . . & , 1894, in the. vent 01 .qctipn being- h k e n -under the pmiirions of I ' . . . , . . ; s t i o n 38. . . . . ... . . . , . , . . . power ' ti' issum= inanagemerit , . . of foiest.-37. ( I ) In case of neglect of or wilful disobedience to, any regulation or prohibitions under m i o n 36, or if the purposes of any work to be coastructe$under that section ! do,tequire, the State ~overnmeni m y , after notice in writing to the owner of $such forest or land and after considering his objections, if any, place the same under control and management of a Forest Officer and may declare that a l l or any-of the provisions of this Act shall apply to such forest or land. ( I ) The net profits, i f any, arising from the management of sucb forest or land shall be paid to the said owner. , , Expropriation of forests in certain cases.-38. ( I ) InJ any case' uabet' ' this Chapter ia which the State Government considers that in lieu of'$lgc'i ' the forest or land under the control and management of a Forest 0ffi&r, the same should bc acquired for public purposes the State ~overnmeni may proceed to acquire it in the manner provided by the tand Acquisition Act, 1894. , . , (2) The owner of any forest or land comprised in any notification under section 38, or if there be more than one owner thereof, the ownem ef shares therein amounting in the aggfegate to at least .two-thirds thereat, may at any time not Iess than three or more than twelve years from t h e I date thereof, require that sucb forest or land shall be acquired for public purposes and the State Government shall acquire such forest or land accordingly. , Protection of forest ai request of owner.-39.. (1) The owner of any land or, if there be more thanone owner thereof, the owners of sham th$rein amounting in the aggregate. -to at least two-thirds thereof may; with a I view to the formation or conservation of forests thereon, repr~ent in writing to the Deputy Commissioner their dtsire ; . , . . , . 11 (a) that such land be managed on there behalr by the Foreft OtXwr on such terms as may be mutually agreed upon, or ' . . (b) that all or any of the provisions of this Act be appliad to sucb . . . . land. , , , . , . . , (2) In either [casejl the State Government may, by notification in the local Official G w t t e , apply to such land such provisions of this A C ~ as i t thinks suitable to the~circumstances thereof and as may be desiied by ;he applicants. ' ' . ., - , . - -- - -. . . . . . - . . I lnatncd ride Nagaland Act 9 of 1969. CONTROL OF FOREST PRODUCE IN TRANSIT Power to make rules to regulate transit of forest produce.--40. (I) The control of d rivers and their banks as regards thc Boating or timber, aa well as the control of forest produce in transit by land or water, i~ v w t d in the State Government, and the Government may make r d e s to e l a t e the transit of any.forest produce. (2') Such F U I ~ S my, among ,olher mbttcrs, . (a) .ptcsc;ibe the routes by which alone forest produce may bc imported into, exported from or moved within, to the territories which this Act extends ; , . . , . c '. . : 6 prohibit tht import, export, collectioa or moving or foresr prudu ' witbout-a-pass fmm an ' ~Bcer authorised to issue thc samc, :, . or otherwise than'in smrdance with thk conditions of such pass ; : [c) provide for the isstle, production and return of such passes ; ld) fix or aulhnrise any Forest OEcer, subject to the contra1 o l the Spate Government, to fix the fees payabl~ for such passes ; , , , ,. ... . > (el in case; ,of limb-c, formed into 3 taft or fastened to tht . shore, prohibit the loosening or the setting adr~it of such timber ' I . > . . . by any person not the owmi. thereof or not acting on ,behalf of such owner or of the Government ; , , . . . . ,. . (f) provide @r thk stoppage, repottlng, examination, and marking forat ~raduce in transit' in respect of which there is season to . .klieve !bat any money is payablq to the Government'or to which it is desirable, for the purposes of this Acr, to atU a mark ; , O ' (g) estabh~hed rivenus st$ion< to which f&t br,ducc is to b; taken by the persons 'in charge or for ex&ination, or for the rcalisatbn of sucb;' money, or in order that such mark m& bc aikxed to it, and prescribe, or authorise a Forest Officer subject to such control as aforesaid to prescribe,, ajnditioni under wh.cb 1 334 N+~ALAND Acr 3 OF 1968 NAGALAND Got. forest produce is to be brought ; stored at, and removed from such revenue stations ; (11) provide for the management and control of such revcnue stations and for regulating the appointment and duties of persons employed thereat ; ( i ) authorise the traqsport of timber across any land aid provide for the award and payment of compensation for any damage done by transport of such timber ; I j ) prohibit the closing up or obstruction of the channel or banks of any river used for the transit of forest produce, and the throwing of grass, bushwood, branches or leaves into any such river, or any other act which tends to cause the obstruction of such channel ; -. (k) provide for the prevention and removal of any obstruction in the channel or on the banks of any such river and for recoverillg the cost of such prevention or removal from the person causing such obstruction ; (I) prohibit absolutely or subject to conditions - within specified . local limits, the establishment of sawpits, the converting, cutting 'bu&ng, concealing, marking' or supermarking of timber, the 'alteking or effacing of any marks on the same and possession or carrying of marking hammers or other implements used for marking timber ; and (m) regulate the use of property-marks for timber and the registration of such marks, authorise the refusal 6; cancellation of the registration of any property marks, prescribe the time for which the registration of property marks is to hold good, limit the number of such marks which may be registered by any one person and provide for the levy of Fees for such registration. (3) The State Government may direct that any rule made under .this section shall not apply to any specified class of timber or other forest produce or ta aay specified 1-1 areal' I under section 44, or where such statement having been so presented and the claim rejected, the claimant omits t o institute a suit to recover possession of such timber witbin the furkher period mentioned in section 45, the owner ship of such timber shall vest in the State Government free from a11 encumbrances or, when such timber has been delivered to another person under section 45, in such other person free from all encumbrances not created by him. Payments to be made by claimant before timber i s delivered t o him-47 . No person shall be entitled co recover possession of any timber coUected or delivered as aforesaid until such sum as may be due for salving, wllecting, moving, storing, and disposing of the timber has been ' paid by him to thc Forert Oficer or other person eotitled ;o receive the sum. Power to make rules and prescribe penalties.-48. ( I ) The State Government may make ruler to regulate the foIlowing matters, wamely (a) the salviog, coilection, and disposal of all timber mentioned in section 43 ; (b) thc use and registration of boats used in salving and collecting timbcr ; (c) the amount to be paid for salving, collecting, moving, storing, and disposing of such timber ; and . (d) the use and registration of.bammers and other imp ~emcnts to be used for marking such timber . (2) ,.The State Government may, by a rule under this section, attach ro the breach of .any rule under this section any punishment not exceeding imprisonment for a term whizh may extend !o six months, or fine which may extend to five hundred rupees, or both. CHAPTER VIII Penalties and proccrlure Seizure of property liable t o conflscati~n.-49. (1) When there is rcason to believe that a forest offence has been committed in respect of any forest produce, such produck together with all took, boats, carts and catfie 338 r: used in the commission of such alleged offence, may be seized by any Forest Officer or Police OEcer. (2) Every officer seizing any property under this section shall place on such property, or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized, and shall as sobn as may be, make a report of such seizure to thc Magistrate baving jurisdiction to try the person accused of the ofience on account of which the seizure ,has been made : Provided that when the forest produce with respect to which, such offence i s believcd to have been committed is the property of the ~ , o ? e r ~ & n t and the offender is unknown, it shall be sufficient if the omcer make, as , soon as may be, a report of the circumstances to his official superior. Power to release property seized under section 49.-50. Any . Forest Officer of a rank not inferior to that of a Forester who ,or wpose subordinate has seized any tools, boats, carts, or c ~ t t l e under section 49, may release the same on the execution by the owner or the person in charge thereof of a bond for the production of the propxty so released, if and when so required before the Magistrate having jurisdiction to try thd offence on account of which the seizure has been made. , Procedure on receipt by Magistrate of repqr.t for !f@ure.:-51. Upon thc receipt of any such report, the Magistrate &all take such measures as may be necessary for the trial of the accused and the disposal of the property according to law. Forest produce, tools, etc. when [liable]f >o, confiseati0,n.-52. . ( I ] ~ h e d any person is wnvicted of a. forest offkc& all forest produ& whichis not the property of the Governmznt and in &spit of which such o'fence has been comulitted, and all tools, boats, casts and cattle used in tbe commission of such offence, shaIl be liable, by order of the-convicting Court to confiscation. (2) Such confiscation may be in addition to .any other punishment prescribed for such oEena. Disposal on conclusion of trial fai forest offence of produce in respect of which it was rommittad.,53. When the ' trial of any for~s t ! . . 1. substituted vide NagaIand Act 9 of 1969. . offence-is concluded, any forest produce in respect of which such offence has been committed -shall, if it is the property of thc Government or has been cor~fiscated, be taken possession of by a Forest Officer specially empowered in this behalf, and, in any othcr case, shall be disposed of in such manner as the Court may order. Procedure when offender is not known or cannot be found.-54. ( I ) When the offender i~ not known or cannot be found, the Magistrate inquiring in the offence, if he finds that an offence has been committed, may on application in this behalf, order the property in respect oi which the ' offence has been,cornmitted to be confiscated and taken possession of by a Forest Officer specially8 empowered in this behalf,' or to be made o-ver to such ~o;est Oficer or other person as the Magistrate may consider cntitlcd to the , . . . Same : .' -, . ' . - . . Provided that no such order shall be made till the expiration of one month frok the -date of the seizure of such property, or without hearing the - : '(persori if any, claimiai right theiefo-aid the evidence; i f , any, which he may I I produce'in support of his claim. ' . . (2) The ~ a ~ i s t r a t e shall either cause a notice of any application under . .. . sub-section ( I ) to be scwed upop, any, person whom he-has reason: to - belieye to be inte~ested~in the property seized, or publish such notice in any way ' i , . , . . . . ' . . 'which'hk ... hy . think fit; , . . ' , . . , ; . . . . . .. - . . I ' # . .... , . : .. - -. :,,Froeedure.as to perishable-~rogerty s e i ~ e d ' u n d e ~ section 49;-55. The ~agistrate may, notwithstanding anything. herein before contained, direct the sale of aay property seized under section 49 and subject to. speedy ' and iatural decay, and may deal with the proceeds as he might hive dealt yith , . such property if it had been sold. .' Apeal for order# under sections 52, 53 and 54.-56. Any person claiming to ,be intermed in prop~rty seized under section 49 may, within one month from the date of any order passed by a Magistrate under section 52, section 53 or section 54, present on appeal therefrom to the Court to which oiders 'mid6 b i such Magistrate arb ' oidinarily appealable, and the order , , passed on such appeal shall be final. . . ~erfi&:of con~rcated property in the state. ~over.me~t..-fi7. I ! ~ h & a i ,~r ( lkr - fo~ the.confis+&tio&'*f any pfopcit y has 'heen parsed under section 52 or section 54, acd the pkriod, limited, by .section 51 'for " presenting '' an appeal from such order has elapsed, and no such appeal being presented, or when, on such an appeal has been presented, the Appeallate Court, confirms such order in respect of the whole or a portion a; such property, such property or portion, as thc case may be shall vest in ihe State Government free from all encumbrances Saving of power to release property seized -58. Nothing herein before contained shall be deemed to prevent any Forest Officer or other officer empowered in this behalf by the State Government ,frpm directing, at any time, the immediate release of any properly seized inder sectioq 49, which is not the property of the Government, and the withdrawal of any charge made in respect of such property. . . .. Punishment for wrongful seizure.-59, ( I ) Any Forest O5cer - . , or Police Officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this. Act, shi11 b;: . . . punished with imprisonment for a term which may: extend to six months, , . or with fine which may extend to five hundred rupees, or with both.. . . (2) ,Any fine so imposed, or any poition thereof shall if the convicting ' Court so direct, be given as compensation to the person aggrieved by such seizure. Penalty for counterfeiting or defacing marks on trees and timber and for aiteririg boundary marks -60. Whoever, with intent to cause' damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code.- I , , (a) knowingIy counterfeits upon any tree or timber a mark used by Forest Officei to indicate that such tree or timber is thc piopirty . . 1 ' . . of the Government br'of some person, or that . it , . may laibihllfbe - . . , :- , ' -. : felled or rcmoved by some person, or , . ... - . '.:? . . ' . (b) unIawfulty affixes to any tree or timber , . a mark . used by ~ i & s t ' . Officers, or I . . . , . . . - . :. : - , . . - . : . - - . (c) alters, dchces or oblitartes any such mark p1aced:oq any tree. . . , or timber by or under the authority of a Forest Oflicer, or , . . . . , m . , , . . . - . . .. id) alters, moves, destroys, or defaces any ,boundary mark of any forest or waste land to which any pro~isions of this Act apply, shall, be punished with imprisonment for &;term which may extend to two years, or with fine, or with both; ' ' ' i Power to arrest without warrant.-61. (I) Any Forest OEccr o 1 Police Officer may, without orders from a Magistrate aad without a warrant, arrest any person reasonably suspected of having been concerned in any forest offence punishable with imprisonment for one month or upwards, if such person refuses to give his name and residence or gives, a name or residence which there is reason lo believe to be false, or if there is rcason to believe that he will abscond. (2) Every oBcer making an arrest under this section shall, without unncessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the officer in charge of the nearest police station. (3) A n y Forest ~ff icer or PoIice Officer who vexatiously, or maliciously arrests any person on the pretence that he is suspected of having been concerned 'in any forest offence or otherwise as provided by section 61 (1 ) of this Act shall be punished with imprisonment for aterm which ! may extend to six months, or with fine which may extend to five hundred I ! rupees, or with both. (4) No Forest Officer or Police Officcr shall detain in custody a person arrested under sub-section 11) of this section for a longer period that under all the ciccumstances of the case is reasonable ; and such pcriod shall not 'exceed twentyfour hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court having jurisdiction in the case. 1 J . Power to ., prevent commission of offence.-62. It shall be the duty of every Forest Officer and Police-Officer to &vent, and any such officer may interfere for the purpose of. preienting, the commission of any forest offence. Power to compound. offences.-63. ( I ) The State .Government a may, by notification in the Offrcial Gazette, empowcr a Forest OfEcer by name, or as holding an office, (a) to accept from any person against whom a reasonable suspicion exists . that he has cpmmitted any forest offence, other ,than an offence specified in section 59, or section 60, a sum of money by;- way of compensation for the offence which such person is suspected to have committed, and ,,,,,rc.-u r .-I -r UP 1700 NAGALAND CODB (b) when any property has been seized as liable to codiscation, to release the same on payment of thc value thereof b estimated by such officer. (2) On the payment of suc l~ sum of moncy, or such value, or borh, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released and no further proceedings shall be taken against such perso o or property. (3) Ho Forest Officer shall be empowered under this section unless he i s a Forest Officer of a rank not inferior to that of a Forest Ranger, and i s in receipt of a monthly salary amounting t o at least two hundred jifty and the sum of money accepted as compensation under subsection ( I ) , clause (a), shall in no case exceed the sum af 5Cty rupees. Compensation for damage caused by wmmis~ion of offences. M. ( I ) When any 'person is convicted of felling, cutting, girdling, marking, loping or tapping trees, or of injuring them by fire or otherwise, in contravehtion of this Act or d any rule thereunder, the convicting Cautt may, in addition to any othcr punishment which it may award, order that person to pay to the State Government such compensafion, not exaed in~ twenty rupees for each tree with respect to which the offence was committed, ns it may deem just. (2) If the person convicted of the ogence committed was the agent or servant or another person, :he c~nvictin'~ Court may, if alter hearing [bat ather persoc, it is 5atisfied that the commission 'of the offence bas a consequence of his instigation, or of any neglect or default on his part, order him, instead of tbe person who committed the offence, to pay the compensation referred to in sub-section ( I ) . (3) An appeal from any order under subsection ( I ) o r sub-section (2) lie to the Court to wbich ordew made by the convicting Court are ordina~ily appealable and the order passed on such appeal shall be h a l . Forfeiture of leases.-45. When the holder of any lease, Iiwnae or contract whatsoever granted or continued by, or on behalf of the Government for my of the purposes of this Act commits an offenw against this Act or any rule thsreunder, or when any such offence is commiited 'by any agent or servant of the holder of any such lease, license or contract, and the State Govermn~t ' >IAGALAND ACT 3 OF i 968 is satisfied ,that the commission of the oflencc was a consequence of the instigation of such holder or OF any neglect or default on his part, the State Government may, by order in writing, declare thc lease, license or contract to be forfeited in wbole or in part with effect on and from a date to be specified in the ordcr not being prior to the datc of the cornmissien of the offence. CATTLE TRESPASS Cattle .trespass Act , 187 1 t o apply.-66, Cattle trespassing in a reserved forest or in a village forest shall be deemed to be. cattle doing damage to a public plantation within the meaning of section I I of the Cattle Trespass k t , 187 I , and may be seized and impounded a i such by any ' Forest Officer a?' Police Oficer. 67. The State. Government may, by notification in the OfficiaI'Gazette, .direct tbat, jn,lieu of the fines fixed [in lieu of the fines fixed under section 12 of the Cattle Trespass Act, 1871P there shal1,bc levied for each head of cattle iGFoundc$ under section 66 of this Act such Pncs as it thinks f~t,.tibut not exceeding the folIo\ving, nnmcly Rs. P. . For each elephant - 20.00 For each buffalo or mithun - 5. '08 rn For ugh , horse, . ~~,rne, gelding. pony . , colt, my, mule, bull, ,bullock, cow, or. hei fcr - 2; 00 For each calf, ass, pig, sheep, lamb, goat, or, kid. - I . 08 . . , . , . ,.. . FOREST . , . . OFFICER3 . a , . , . lnvastiturc of forest Officers with certain powers.-68. (I .) . The State Goveromcnt may invest any Forcst Officer byALnaine, or as . holding an office, with all or any ,of the foll?wing po,wers, namely., . ,, , A. , , , l , . . S!b,s!,ity!cj?i+ N !:+l.in J Act 9 pF 1969. . , . . . , . . i (a) Power to enter upon any land and to survey, demarcate, and make a map of the same ; (A) the powers of a Civil Court to compel the attendance of witness and the production of document, [and maicrials objects11 (c) power to issue search-warrants under the Code of Criminal Procedure, 1898 ; ( d ) power tn hold inquiries into forest offences, and in the course of such inquiries to receive and record evidence ; (e) power to notify the seasons and manner 'in which fire may be kindled, kept or carried in a reserved forest ; ) power to &ant any permission referred to in sections 25 and 35 ; (g) p w e r to notify stations for the reception of drift timber ; (hi power t o give public notice o f timber collected under scction 43 ; (i) . power to take possession of property under this Act ; and may withdraw any powcr so mnferrcd ; (j) power to direct the releasc of property or withdrawal of charges ; (2) Any cvidence recorded under clausc ( d ) of sub-sbction ( 2 ) shall be ad n i ~ s i b k in Iny sub;equent t r ial bzforz a ,Magistrate of the alleged oRender : ' . Provided that it bas been taken in thz presence of the accused person and rezorded in the manner provided by section 355, section 356 or section 357,:of the Code of Criminal Procedure, 1898. ; , ' . . '. . . - - - . ' .. , . . Forest Officers deeyed public s0rvants.-69. . All Forcst Ofiers shall be deemed to be public servants within the meanin$ of ,the Indian . ., . Penal Codc, . , . , I " d e ~ n i t y for A=& dSn8 i? good faith.-70. . No suit or criminal proskclithi . , shill lie 'aiainst any . public . . . servant for anytGng done or omitted ! by him i ~ ' ~ o o d faith under this Act. , I I . -. , - . I I L. ~dserttb -&@land Act 9'of 1969. Forest Offlcers not to trade.-71. No foresr Ofiicer shall, as principal er agenr, trade in forest produce, or be or become idterestcd in any lease or mortgage of any forest, or in any contract for working any forest, whether n India or foreign territory CHAPTER XI SUPPLEMENTAL PROVISiON Additional powers to make rules.--72. The State Government may make rules consistent with this Act: (a) to declare by what Forest Officer or class of Forest Oficers the powers or duties conferred or imposed by or under this Act on a Forest Officer are to be exercised or ; (6) to regulate thc procedure of Forest Settlement Officers ; / (c) to provide for the ejectment of any person who bas encroached upon forest reserves ; Id) t o , regulate the rewards to be paid to Officers and informers ; and (e) generally, to carry out the provisions of this Act. Rules when to have force of law.--73. (a) All rules made by ihc State Governmept under this. Act shall be published in the Official . . . , Gazette, and shall thereupon have the force of law. , , (b) Every rule made under this Act shall be laid; as soon as may be aFter it is made, before the Nagaland Legislative Assembly while ir is in session for a total period if fourteen days which 'may Ix cobprised in ode session or in two succeisive sessions, and if, before the expiry of the session in which it b so laid or 'the sessions immediateiy following thc Naga1an.d &.egishtivc Assembly agree in 'making iny ' moditication in the rule or the Hagaland Legislative Assembly agree that th!: rule should not be made, the mid shall thereafter have effect ody in such modified form or be of no effect as the case may be ; so however, c that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Persons bound to assist Forest Offlcer and Police Officer-74. ( I ) Every person who exercises any right in a reserved forest or village forest, or who is permitted to remove any forest produce from, or to pasture cattle, or practice jhum cultivation in such forest, and every person who is employed by sich person in such forest, and every person in any village contiguous to such forest.who is employed by the Government or who receives emoluments from the Government for survices to be performed (a the cammunily, . . shall be bound to furnish, without unnecessary delay, to the nearest ,Forest Oficer or Police O£Ecer any information which he may possess respectins . , the occurreace of a fire in or near such forest, or the commission of or intention to =-it, any forest offeke, and shall assist any Forest Officer or Police O6cer demanding his aid (a) in extinguishing any f i e occuring in such Forest ; (b) in prcveotiog m y fire which lndy occur in the vicinity of such forest from spreading to such forest ; (c ) in preventing the cornmision in such forest of any forest offence ; and (d) when there is reason to believe that any such offence has bekn . , committed in such forest in discovering and westing the . . offender. '[(2) Aay person who, being bound so to do, without lawful excuse (t5e burden of proving which shall lie upon such person) fails la) to furnish without unnecessary delay to the nearwt Forest ofi&r or Policc Officer any information required by sub-section I .. .'. (1); . . . , (b) to take steps as required by sub-section (I) to extinguish any . . - forest fire in a reserved or protected forest ; (c) to prevent, as required by sub-seztion (I) any fiic in the vicinity of such forest from spreading to such forest ; or 1. Inserted as sub-section (2) af Section 74 vide Nagalmd 9 of 1969. , . ( d ) to assist any Forest OEcer or Police Oficer demanding his aid ' in preventing the commission in such forest of any forest offence or, when there is reason to believe that any such offence has . been committed in such forest in discovering and arresting the 'offender ; shall be punishable with imprisonment for a term wbich may extend to one month or with finz which may extend to two hundred mpees,'or \vith . both."] ["74-A If any person be entitlea to a share in the produce df any forest which is the property of Government or over 'ivhich the 'Gbvernmeot has proprietory rights or to any part of the forest produce of which the Government is ' entitled, upon the condition of fully perfoiming any service connkted with. such forest; such share shall be liable to conikcation in the event of the fact being established ru the satisfaction of the State Government that such service is no longer so perrormed : Provided that no such share shall be confiscated until the person entitled thereto, and the evidence, if any, which he ,may produce in- proof of-the due performance of such service, have been heard by any officer duly appointed .in that 'behalf by the State, Government."J1 . . , I Recovery of money due to the Govt.-75. All rnoney;other than hes, payable to the Governmeqt under this Act, or under any rule made thkfbnder, ! on account of the price of any forest produce, or of expenses in&mEd in the execution- bf this Act-i* respect of aby~f~rores~'~roduce may, if not paid when duc, be recovered under the Bengal Public ~ e m a n d s Recovery Act, 1913 (Bcngal Act 3 of 1913) or under any other law for the time being . . . . . . . - , in force.., - , , , - - . . . . . cieh on forest produce for such money.-76. ( I ) When any sucg'moLky . . 'is:,payable for, dr in respect of, .any forest -prod&, the amount thereof shal!:. be. deehikd t b be a .firit ' diEiBige dri 'su~~'p~oa'&e, and such produce h y ' . b ~ taken possession of by a Forest Officer speciaily.impowered in .. this .. ,bMf , ; $ . a?d , +y be retained by him until such amoun! bas been paid. , ,? , . . (2) Xf such amount is not paid when due, such Forest Officer may sell such produce by public auction, and the proceeds of the saIe shall be '.,. , + , . applied first in discharging such amount. . . - . . 1. Inserted vidi ~ a ~ a l p n d Act 9 6~-1969 as siction 7 4 ~ . . . . C (3) The surplus, if any, i f not claimed within two months from the date of the sale by the person enlitled thereto, shall be forfeited to [he Government. i Government and i t s OfFicers not liable for loss or damage in ras pect of certain forest produce.-77. The Government shall not be respon sible for any loss or damage which may occur in respect of an) Corest produce while at a revenue station established under a rule made under section 40, 'or while detained elsewhere for the purposes of this Act or in respect of any ' timber collected under section 43, and no Forest Oficers shall be responsible for any such loss or damage unless he shall have caused the same negligently maliciously, or fraudulently. . . . + . - . . , I . land required under this Act to be decided for a public purpose.-78. Wheneyer it appears to the State Government tbat any Iand is required for any of the purposes of this Act, such land shall be deemed- to be needed for a public purpose within the meaning of section 4 i of the land Acquisition Act, 1894 or section (3) of the Nagaland Land 'i (Requisition and Acquisition) Act, 1965, Recovery of penalties due under bound.-79. When any person, in compliance with any rule under this Act, binds himself by any instruments to perform any duty or Act or covenants by any instruments that he or that , I he and his servants and agents, will abstain from any Act, the whole sum I mentioned in such instrument as the amount to be paid in case of a breach of the conditions thereof may notwithstanding -anything in section 74 of the Indian Contract Act. 1872, be recovered from him in case of such breach under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of I9 13) - , or under any other law for the time being in force. 80. The Assam Forest Regulation, 189 1, as applicable to Nagaland except Sections 37, 38 and 39 in Chapter V and section 40 A in Chapter Vi . thereof shall stand repealed : Provided that such repeal shall not affect (a) the previous operation of the - said Regulation or anything duly done or suffered thereunder ; or (b) any right, privilege, obligation or liability acquired, accured OP , incurred under the said Regulation ; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation ; or (d ) any investigation, legal proceeding or, remedy in respect of any such right, privilege, obligation, liability, penaky, forfeiture or punishment as aforesaid : Provided further that anything done or any action taken including any appointm,ent or delegation made, rule, notification instruction or direction made, certificate or permission granted under the Regulation hereby repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless* and until superseded by anything done or any action taken under this Act. (Received he asseni of rHe President on Ihe 29ltr Apn4 I969 and published in the Nagahd G&e i5im-.Ordinuty &fed 7~ May, 1969) 'to amend ihc Nagaland ~ o r & t Ad, 1%8. Preamble. Wherw it is expedient to amend the Nagdand Forest Ad 1968, in the mamer hereinafter appwing. It is hereby eqaded in the Nuctunth Y w of ihe Republic of India as foilom : 1:Sbort title, extent aod cornmencement. (1) This A d may Ix becalled Lbe Nagaland Fmwt (~meodmenl) Act, 1%9. , (2) It shall' have the like extent of the Principal A d (3) It shall have cbe same force as the Principal Ad. 2. Definition. In this Act, 'Priacipal Act' s h d me- tbe Nagaland Forest Act, 1968. 3. Amendment of Section 2 of the Prlnclpal Act. In Section 2 of tbe Principal Act. (i) in clause (1) afcer tbe word "sheep' the words "rams, ewes". sttall be k e i i e d (ii) in sub-claue (i) of clause (4) &er the words 'leaves: the word 'flowersa.shall be inre~ed (iii) in sub-clause b (i) of clause (4) the words "and borns, Bones . otber tban rhinoceros bones, silk, cowom" shall bt mbstiruted by tbe words and brackets "horns {other than rhinoeras horns), bones, silk cocoons". (iv) after clause (7) the following shall be i m e ~ e d : "(7A) "prescribed'" means prescribed by any rule made mder this Act". 4. Amendment of Seclion 5 af the principal Act. In Section 5 of the Principal Act thc words "the Lnguage of the country" shall besubstifured by the words "any prescribed laneage or languagm". 5. Amendment of Section I3 of the Principal ' ~ c t . In Secrion 13 of the Principal Act, the words "by the Bank of he claimant" shall be deleted. 6. Amendment oC Section 16 aT the Principal Act. In clause (c) of sub-section (1) of Section I6 of the Principal Act, the words "has bccome vested in the Government under any, those acts of shall be subsliculcd by the words "have become vested in the Government under any of rhose Acfs". 7. Amendment o f ~ectidirr18 of the Principal Act. I n Secrion 18 of the Principal Acl, the words "language of the courifry" shall hcslrbs~irrrctrd hy the wordsWany prescribed language . 61r languages". 8. Amendment o f Section 19 of the Prindpal Act. In Section 19 of the Principal Act, the words "be taken in lieu of the other such proceedings" shall be subsrimred by the words "hc taken in licu uf any other such proceedings". 9. Amendment of Section 39 of the Prihcipal Acl. In Section 39 of the Principal Act, alter the words "in cirher" thc word "case" shall bc irrscrtud. 10. Amendment of Section 52 of the Principal Act. ln the marginal note to Scction 52 of the Principal Act, for [he word "selt!c" thc word "liable" shall he subs~iturcd. 11. Amendment or Section 67 of the Principal Act. In Section 67:nf the Principal Acl for the words "in lieu of the finus fixcd by Section I I of thc Act, lest aforesaid" the words "in lieu nC ihc fiucs fured undcr Section 12 of the Cattle Trespass Acl, IX71" shall he srtbsrinrrcd. 12. Arnendrnenl of Seclion 68 of the Principal Act I n clause (b) or sub-section (1) of Section 68 of lbe Principal Acl, after the word "docurnenLs" the words "and material objects" sltall hc ir~scncrl. 9 13. Amendment of Section 74 of the Principal Act. The existing Sedion 74 of the Principal Act shall be renumbered @ Section 74. (1) and the following sub-scc(ion shall be insc~cd ia Section 74 : (2) Any person who, being bound so to do, without lawful excuse (the burden of proving which shall lie upon such person) Fails (a) to furnish wi&out uunecessary delay to the nearest Forest Orficcr or Policc Officer any information rcquired by sub-section (I) ; (b) to lakc steps as rcquired by sub section (1) to extinguish any forest fire in a reserved orprotected forest; (c) to prevent, as required by sub-scction (1 ) any fire in thc vicinity of such forcst from spreading to sucb forest; or (d) to'assist any Forest Olticer or Police Officer demanding his aid in preventing,the commission in sucb forest of my forest offence or, when thcte is reason to belicvt that any such offence bas been committed in such forest in discovering and arresting the offender; , s h d be punishable with imprisonment for a term which may cMead to one month or with fine which may cxtend to two hundred rupees, or with both. 14. Insertion of new Section after Se~Uon 74 of the Principal Act. After Section 74, of the Principal Act, the following Scction shall be inserred : "74-A. If any person be entitled to a share in the produce of any fores~ which is the property 01 ~ o ~ e r n m c n t or over which the Government has proprietary rights or to any part of the forest produce of which the Ciwernmcnt is entitled, upon tbe 'mndition of fully performing any senice connected with such lorest, such share -shall be liable to confscation in rhe even of the fact being established to the satisfaction of [he State Ciovernment that such service is no longer so performed Provided that no such shall be confswted until the person entitled thereto, and the evidence, if any, which he may produm in proof of the due performance of such service, havq been heard by any officer duly appointed in that behalf by the State Government". THE NAGALAWb FOREST (2ND AMENDMENT) ACT, 1972 . (THE NACiALAND ACT NO. 4 OP 1974) ~ (Rccc~ved the usscnr of 111c Prcsidenr 01 India or1 lhc 12th April, /974 ruld prthlished k rile Nagaland Gazclte Exfraordirrary dored 17th April, 19741. Act ~ further to amend the Nagaland Forest ACI, 196s (ACL No. 3 ol I W). It is hereby enacted in the twenty-third year or [he Republic of India as follows : I. Short tltle, extent nnd commmcement. (1) This Act may he called the Nagaland Forest (Arnendmenl) \ A C ~ , 19n (AC~ 4 of 1974). . 12) It shall enend to the whole of Nagaland. (3) It shall bc deemed to have effccl from thc first,day of March, Jt)h9. 2. Amendment uf Section 72 ol Nagaland Fomst Aci 1968. In the Nagaland Forcst Acl, IW (hcrcinaltcr refcrrcd to as thc Principal Act), in scction 72 for clause (c) the l~~llowing clausc shall be substituted, namely : - . "(c) lo provide fop eiccrrnm~ ~ I C any gersan wh41 has cniercd inlo unaulharised occuption in a forest rewrvc and for ~hr: disposal of any crops raked, w any building ur olhzr slructurc ctlnslruc~cd ! wirhnu) authority in such fr~resr recerve : * Provided that no Civil Courl shall have jurisdiction in any mattcr prescribed by rdcs made under this clause? 3. Insertion oC new section 72A * Secliun 72 of the Principd Aa, (Nagiland .4cl 3 of 1Y68) the ioUowing Szcrion shall be inserted namely : "72A (1) No~withstanding anything contained io any judgement, decree ar order of any Court, my ootim sewed or any action laken or any pcn+alty imposed or ej&tment carried . : uul undcr rules Iramcd undcr clause (c) of Section 72 of lhc Principal Act shall be deemed dways to have bezn validly done. (2) No suit or other proceeding s b d be mainlained or con~inucd in any Court against thc Govcrment or amy person or authority for any act done or purported to have been done under Bc rules refcrred lo in sub-rcdfoo (1). (3) No Cowl shall enforce any decree or order again31 the Governmcnt or any person authority for any action taken or purported to have been taken under the rules referred to in sub-section (1)': THE NAGALAND FOREST (THIRD AMENDMENT) ACT, 1973 , (Received f l ~ e osserrf of the Presidetri oj India on 17rlr Muy, 1974 art d p~lblishcd in ihc NaguIand Cuzc(tr: &traorditr oiy olr .32rd May, 1974. Act furthcr to amend the Nagaland Forest Act, 1968 (Acr No. 3 of 1W). 11 h hereby cnactcd in the twen~y-fourth year ol ~hc Republic uf I& as folbws : 1. Shw( title, extent ahd Commencement. (1) This act may be callcd the Nagaland Forest (3rd Amendment) , Ad, 1973. (2) It extend?; to Lhc whole oi thc Slate ol Nagaland. (3) It ahall cornc inlo Torcl: a1 once. 2. Insertion of new section 72B. Appeal. In ~ h c Nagaland Foresr Act, 191iX, ilflcr seclion 72A [he lollowing ncw scction shall be inscrlcd namcly : 72(B) (1)An appeaIshalI lie from every order made under section 72 (0) in respect of Foresl reserves land to an appellate officer who sbal! be the Chiel Judicial Officer of Nagaland. (2) Evej. appeal referred to in sub-section (i) shnll bc preferred within fifiecn days from the dafc of scrvice ol the order on the person concerned. , Provided that! where the Appellate Oficcr is salisfied rhar Lhe appellant was prevented by sufficient cause from'prefcrring the appeal within the said period of Fdteen days, he may allow the appeal to be prcfcrred within a further period of thirty days. (3) The appzIlate officer may stay the opcratio~ gf any order made by theb Divisional Flsrest Oficer under scu~ion 72 (c) for such pcriod and on such conditiuns ps he may deem fit. ( 4 ) Every appeal preferred under this secLion s h d be dis I ppscd of as cx'pcditiously as possiblc in accordance with such procedure as may bc prescribed. (5 ) The appeallate, oFficer may after hearing the appeal confirm modify or rkverse the order appealed from : (6) The cost of eve j appeal preferred under this sccLjon shall be in the discretion of the appellate officer.