Orissa Protection of Scheduled Castes and Scheduled Tribes (Interest in Trees) Act, 1981 (No. 18 of 1983)

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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 Orissa Protection of Scheduled Castes and Scheduled Tribes (Interest in Trees) Act, 1981 Act 18 of 1983 Keyword(s): Chief Conservator of Forests, Contractor, Grama Panchayat, Holding, Scheduled Castes, Scheduled Tribes, Specified Tree ' \ 169 ORISSA ACT 18 OF 1983 THE ORISSA PROTECTION OF SCHEDULED CASTES .AND SCHEDULED TRI.BES (INlERl.ST JN 'IRE.li) AGT, 1981 TABLE OF CONTENTS PREAMBLB SEcrIONS 1. Short tit1e, extent and commencement 2. Definition 3. Protection of interest in specified trees belonging to the Scheduled Castes and Scheduled Tribes. · 4. Application for canceUation of existing contracts in some casea 5. Suo molu detection and rderence 6. Procedure in cases of subsisting contracts 7. Provisions of the Act to prevail 8. Procedure 9. Appeal 10, Offence 11, Offences to be congnizable 12. Power to make rule~ '171 ORISSA ACT 18 OF 1983 1[THE orussA PROTECTION OF SCHEDULED CAsn:s M'D SCHEDULED TRIDES (INTEREST IN TREES) ACT, 1981] [ Received the assent of Ille President on the 13th August 1983first published 1"ri Q1I Extraordinary issue of the Orissa Gf!zctte, dated the 23rd September /983] AN ACT TO PROVIDE FOR THE PROTECTION OF FH1! MEMBERS OF THE Scm~DULl!D CASTB AND SCHEDULED TRIBI:S FROM EXPLOITATION IN TUB MATTER OF TRANSFER, OF TI-ll!R INTE!REST IN SPECIFIED TREES Be it enacted by the Legislature of the State of O rissa in the 'l'hirty-seooud year ot the Republic of India, as follows: 1. (1) This Act may be called the Orissa Protection of Scheduled Castes and ~~~/~~· Scheduled Tribes Interest in Tress Act, 1981. eommeocc,, Dle!J(, (2) It extends to the whole of the State of Orissa. (3) It shall come into force Oll such date as the State Government may, b1 noti&&• tion• appoint in that behalf. 2. In this Act, unless the Context otherwise requires (a) "Chief Conservator of Forests" means the Chief Conservator of Forests. Orissa: (b) ''Conservator of Forests" means the Conservator of Forests of t:b.e ~ncerucd. forest circle; (c) "Contractor" means the person in whose fi1vour the owner of any specified. · tree has effected a sale or has entered into a contract for sale of the timber of su eh tree and includes the representative in interest aud assignees of such person; (d) "Divisional Forest Officer'' means the Divisional Fo1est Officer of tho concerned forest division; (e) "Grama Panchayat" means a Grama Panchayat constituted unde1 the Orissa Orinri .let Orama Panchay.:it Act, 1969; 1 of J5Ni5, (f) "holding'' means a pa1cei or parcels of land forming the subject of a separate tenancy; , (g) "prescribed" means prescribed by rules made under this Act; (h) "Range Officer" means the forest officer in charge of a forest raD,geJ (i) "Scheduled Castes" shall mean the Scheduled Castes specified in respect of the State of Oris~a iu the Constitution (Scheduled Ca!.tes) 01der, 1950 a1 modified froDJ. time to time; ( j) 11Schedulcd T iibcs" shall mean the Scheduled Tribes specified in respect of the St.ttc of Odssa in the Constitution (Scheduled T.dbes) Order. 1950 as. modified from time to time; (k) "specified tree" means a tree specillcd in the schedule and such other :;pccie11 of hees as may be notified by Government from time to time. 1. For Statement of objects and rcnsocs see OriSso Gazetle, Eltrao1dinary, dated the.21:n Septcaibo 1981 (1219), 2, Came in!o forco with effect from 12th January 1984 Vlde aotificatioa No. - 7288, date. tb.e 23th Deccmb1:r 1983, publishd in an Extraordinary issue of tho Oris:ra Goi,tt~ dated tho 12th Jnnuilry l9S4 (34], 172 THE ORISSA PROTECTION OF SCHEDULED CASTES AND .SCHEDULED TRIBES (l:-ITEREST l'.'! TREES) ACT, 1981 (Orissa Act 18 of 1983) (Sees. 3-5) Protection of 3. (1) No Contract enter~ into after the commencement of this Act by an owner iilte~est in of ally specified tree for the s:i!,;; of the timber thi;;reof shall be valid if such owner ~=/1~ 0 og-)s a member of th.~ Sched uled Castes or, the Schec Iu!td ~ribes ~nd if the Contract Jng 1o lhe has been entered into Wtthout the previous pernuss1on 1n writing: granted by the Schcdu!oo Range Officer on an application made in that behalf givlng adequate descrlption ~=ul:,d of the timber proposed to be sold. 'll'ibtm. (2) On receipt of the application. the Range Olliccr concerned shaH enquire into the case on the spot ol'.' cause sucll. an enquiry to be made by any other forest officer and the Orama Panchaynt or tb.e urban local body concerned, us the case may be, shat be requested to send one or more of the Watd MemeberS tO the spot· on the date of enquiry: · Provided that in auy case where the Range Officer considers that t,hC consideration for the Contract is inadequate, he mc.Y ri::qufre the owner to sell the trees to .lhe Orissa Forest Corporation Limited or to aod oth;,;r State owno\l Corporation for Su'ch consideration e.mount as the Range Officer ,deems :fit to fi)!:. . . . (3) The report of enquiry shall be signed by the officer conducting the enquit)' the Ward Membei or mero.bers present an.d the applicant. 1 , , . · (4) The report of enqtziry shaH, amongst other things· mention the number · · or t!ees specieswise,the · girth. of each tree and the resonable con&idemtfon for the timber~ (5) On being satis-flcd about the rignt;title and .interest of the applii:ant in the tree and the adequacy of the consideration for the ~ntract, the Range Officer shall permit the timber to be Ufted by the purchaser on payment of the co~dcratlon money in his presence. -~ (6) !f no orders are passed by the Range Officer on the application within fifteen days from the date of receipt thereof. H shall be open to the owner of the . tree h.J sell the t1ee to anY person of his choice. 4· An owner of any specified tree who lS a member of t11e Sc11eduled Castes or ti~p,1~C::~i~ the Scheduled Tribes and who has entered into a contra-et which has been subsisting atlon cf 'on the date of commencement of this Act, for the snfo of the timber of such tree ·eiii.tins . may apply to the Divisional Forest Officer fot cancellation of such contract on ;g;;;~:~~n the ground that the consideration tberefor was substi,,ntially inadequate. s/1() mmu d,:(o;llon and rotetence, 5. (1) If it comes to the notice of the Divisional Fore5t Officer that any such contract as is referred to in sub~sedion (t) of section 3 or section 4 has been entered into in contravention of the provisions of that sub-:.ection or that the eon..,ideration therefor is substantially inadequate, he may on his won motion, iwtitute a case and dispose it of as provided by ot' under this Act. (2) if it comes to the notice of any Revenue Officer not below the :rank of a Tabas.ildar orof any '.Block Development Officer or an)' forest Officer not below the rank of a Range Officer having jur!sciiction over the area or of any other officer specially authorised by the State Gov.:rnmcnt in this behalf that an}' such contract as is referred to in sub~sectfon (i) of see:ion 3 or section 4 has been entered into in·contrnvention of that sub~section or that the consideration thc,efor is substantially inadequate, he may refer the mntt.er to th\i Division;:it Forest Officer having jurisdic~ tion for insituting a case and disposing it of as prr.wlded by or undet this Act: Provided that the Divisional Forest Officer lnstitutin& a case under sub--section (1) or ihc officer mak:in~ a reference undet sub-secfam (2), may seize the timber involved in the transacUon and keep the sa1De in 1he cm~ody of the owner if he is of !he opinion 1bat such seizure is necca~ary and thereupon be shall prepare a list of the timber seized and obtain tl1e signaturi of the owner on such Jist and where the seizure is made by the later o:fficer, the snid list shall be fonvarded to the Divisional Forest Offi<:e.r ba-ving jurisdic.atlon along with the aforesaid reference. 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No. (1) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1' 16 17 18 19 20 21 212 23 24 2S 126 21 175 THE ORISSA PROTECTION OF SCHEDULED CASTES AND SCHEDULED ll'RIBES (INTERESI' IN TREES} ACT, 1981 (Orissa Act 18 of 1983) ScH:BDULB See Section-2(k) LIST OF SPECIFIED TREES Local Name Botanical Name (2) (3) Sal Sho1ea Robusta Kurum Adina Cordi Folia Kasi Bridella Rctusa Kusum Sch1.ficheia Taijuga Wcntra Albizia Lebbek Sirish Albizia Lebbek Rimli (Nembura) Burslll'a Serrata Saguan (Teak} 'l'ectona Graudia Bijia (Piasal) Prerocarpus Marsupium Sisoo Dalbergia Latifolia Bandhan · Qugenia Daldergoidea As~ Terminalia Tomentosa Mahula Madhuca LatifoJia Bhcru Cblo1osyion Siaietenia Karanj Pongamia Glbra R1.endu Dlespyios Melanoxylon Dhaura Anogeibus Latifolia IDlalr Acacia Catechu Am.ha (mango) Mangife.ra lndica Pana~a (Jackf ruit) Arocarpus Hcteropbylu1 'l'cntull (Tamarind) Tamarlndus indicas Chandan Santalum Album Tal(Palm) Baras9us FlabeUf er hendla :ha.gesttefhia Parvifcdra Arjona - We1mlnalla Aijuna Acacia Acacia Formis Eucalyptus Eucalyputs Saligna