Tamil Nadu Forest Act, 1882 (No. 5 of 1882)

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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 Tamil Nadu Forest Act, 1882 Act 5 of 1882 Keyword(s): Protection and Management of Forests, Tree, Timber, Forest Produce, Minerals, Cattle, River, Reserved Forests, Sandal Wood Amendments appended: 7 of 1919, 40 of 1965, 45 of 1979, 41 of 1981, 44 of 1992, 33 of 2002 I 188% 1 9.N. A0t tt] Eiorest 4 2 5 THE '[TAMIL NADU'J FOREST ACT, 1882. CONTENTS. PRWLE. CHAPTER I. I PRIELIMINARY. j Saono~s. , 1 Short title. Local extent. Commencement. 1-A Chaptem VI-A and VI-B to apply to the trsnsferred territory only. CHAPTER 11. 3 Power to reserve forests. 4 Notification by the Government. 6 Suite barred. 6 Proclamation by Forest-settlement-offjcer. 7 Bar of accrual of forest-rights. Prohibition of clearings, etc. 8 Inquiry by Forest-settlement-officer. Q Powers of Foreat-settlement-oflicor. 10 Claims to rights of occupancy and ownership. Admitted claims. Rejected claims. Appeals. 11 Claims to rights of way, water-course, pasture and to forest-produce. 1) Provision for rights of pasture or to forest-produco admitted. 18' Commutation of such rights. 1 These woda were rubrti6uW for the word " Madrae " by the runit N d u Adaptation of Lsar Order, 1969, na amended by the Tamil Ndu Adsptation of Lnwr (Second Amendment) Order, ,969, which crms into foroe on the 14th January 1969. Porest . [18$2 I T.N. A d V 14 Appeal from order passed under sections 11, 12 and 13. 15 Appeal under section 14. I6 Notification declaring forest resewed. 17 Extinction of rights not claimed. 17-A Power of the Government to re-define the limits of reaerved forests in certain cases. 18 No right acquired over reserved forest except as here provided. 19 Rights continued under section 12 not to be alienated without sanction. 20 Power to stop ways and water-courses in reserved forest. 21 Penalties for trespass or damage in reserved forests, and acts prohibited in such forests. Acts exempted from,prohibition oontained in this section. 22 Suspension of rights in reserved forests. $3 Persons bound to assist Forest-officer and Police offioer, 34 Power to dedare forest no longer reaerved. 26 Forests reserved previow to the passing of this Act. CHAPTER 111. PROTEGTION OY LAND AT THE DISPOSAL OF GOVERN HUNT NOT IN~LUDED IN RESEBVIED FOREST^. % 26 Power to make rules. Penalties for acts in contravention of rules. ' ' 27 Power to close b d against pasture. A A ' . 28 Penalties. . % 1882 T.N. Act V ] Poreat CHAPTER IV. OF TEE CONTROL OVER B'ORESTB AND LANDS NOT AT THE DISPOSAL OF GOVERNMENT OR I N WHIOH GOVERNMENT HAS A LIMITED INTEREST. 2Q On certain lands, the breaking up or clearing for culbivation, etc., may be regulated or prohibited. 30 I n w e of refusal by owner, Government may take such lands on lease or acquire them. 31 Aoquiaition of forest or land under the Land Aoquieition Act. 32 Proted m of forests a t request of owners. 33 Management of forests, the joint property of M Government and other persons. 34 Persons employed to carry out the Act to be deemed Fore~t-officers. 3 6 Power to make rules to regulate transit of timber. 46-A Power of Central Government as to movementa of timber aoross frontiers. 86 Penalties for breach of rules made under sections 36 and 36-A. CHAPTER V-A. POSSESSION OB SANDALWOOD. 16-A Ponseesion of sandalwood under licence. 36.~. firm and conditions of licence. 3643 Power to cancel or suspend licence. 86-D Appeal. 86-1 p e d i e s . Percot ti889 I TI. Act V CHAPTER VI. 87 Appointmenti and oonstitution of the Porest Court. 38 The Judge appointed to be the President. 39 Hearing of appeals. 40 Court to pass order which shall be h l . CKAPTER VI-A. 40-A Certain kinds of timber to be iigmed property of Government until title thereto proved, and may be oolle~ted aooordingly. 46-B Notioe to claimante of timber oolleoted under motion 40-A. 404 Prooedure on claim preferred to such timber. 40-D Disposal of unolsimed timber. 40-1 Payments to be made by 0ldrnSnb before timber is delivered ta him. 40-r Power to make sulee and presoribe penalties. QaAPTER VI-B. . . 40-a Roydties. 40-11 Notioe of propowl to cub and remove royalty treeu. 40-1 Joint mabscsr to be prepared before removal of the trees. 40-3 Notioe adling daims for Mivita. 40-1s Inquiry by ll'oresf-offioer into claims for kt&@&, 40-L &ward to be msde aftar inquiry, 40-n Referenoe to Court. I ( , 40-IT Foreat-offioer's datemen4 k Churt. 40-0 Servioe of notice. 40-1, Soope of the inquirp. 40-Q Form of award by C o d . 40-a Tendering paymen*. 40-s Forest-offioer to oarry ouI Ihe 0ourt'r awarda as hie own. 40-T Bar of olaims to &udioila. 40-u Rules to be made by Government. 40-v Punishment for felling, eto., treea whiah are royallAes. 40-w Other proviaions not sffeoted. CHAPTER VII. 41 Seizure of property liable fo oonfiaoation. Report to Magiatrate. 42 Procedure thereupon. 43 Timber, ford-produce, toolq eto., when liable to oonfiecation. 44 Disposal, on concluaion of trial for forest-offenoe, of produce in respect of which it was oommitted. 48 Prooedure when offender is not known or oanno* be found. 46 Procedure in regard to perishable property seized under eeotion 41. 47 Appeal from orders under seotion 43, 44 or 46. 48 Property when fo vest in the Government. 49 Saving of power to releaee property seized. 60 Penalty for oounterfeiting or defacing marks on trees end timber, and for altering boundary marks. 51 Power to arrest without warrant. 62 Punishment for wrongful seizure or arre~4. forat [I889 : T.N. Aet V S E ~ O N S . 53 Power to prevent dommiasion'of offenoe. 54 Operation of other laws not barred. 65 Power to compound offenaee. 66 Presumption thaC timber or fore&-produo belongs to the Government. CHAPTER VIII. 57 Cattle-trespass Act, 1871, to apply. 58 Power to alter fines fixed by thst {.tot. CHAPTER IX. FOREST-OFFICERS. Pi9 Government may invert Forest-s#oare with oertain powers. GO Forest-officers deemed publio raervanti. 61 Indemnity for aots done in good faith. 62 [Omitted]. CHAPTER X. 63 Additional powers to make rules. 64 Rules when to have form of law. Powers of Government exercisable from time to time. 68-A Rules to be placed before the Legislature. 66 Government may delegate powers. 66 Recovery of money due to Government. 67 Lien on forest-produce for suoh money. Power to sell suoh produce. 63 Land required under this Aot to be deemed to be needed for s publio purpom under fhe Land Aoquisition Aot. IS!* T.N. Aet Q Forest PSI l(fBMTL NADU) ACE NO; V OF 18828. (Received the &sent of the Governor on the 17th September 1882, Mid of the Governor-General on the 11th , October 1882, and came into force on th 11rt J a n w r y 1883.) An Aot to make pravision for the Pro tection and Management of Forests in the '[State of Tamil Nadu]. WBXREIAS ib is expedient to make provision for preamble the. profeotion and management of forests in the 4[State of Tamil Nadu] ; It is hereby enaoted as foIIows : CHAPTER I. 1. This Aot mamay be mlled the l(Tami1 N*) Shorttitle. . Forest Aot, 1882. . . . 1 Them word8 we= substituted for the word 6*Mcdrus" by the T d N d u Adeptution of Lam Order, '1068, MI -ended by the Tamil Nedu A&ptet~on of Lam (Seooad ApPendmuut) Order, 1989, whioh oame into force on the 14th January 1969. 2 For Ststnmemt of ObjeoW and hanons, see Fort St. Ucarge Q~ts t te Extraordinerg, dsm 6th July 1882, p. 17 ; for Report of &e h s b Committee, rp L.? &Lsd the 19th August 1882, p. 1 ; for Promdings m Counml, see ibid, Supplemsnt, dated the 11th July 1882, p. 6, aid, deted the 12th September 1882, p. 9. This Act waa extended to the merged State of Pudultkottai by motion 3 of, and the First Sohedule to, the Tamil Nadu Mered States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was extended to the ICanyakumari diatrict and tha Shenoottah tduk of the Tirunelveli district by section 5 of the Tamil Nadu Forest (Amendment) Act, 1966 (Tamil Nadu Act 40 of 1966), which came into force on the 1st June 1966, repeeling the corresponding law in that territory. 3 Sm atso the Tamil N ~ l u Foro~t (Validation) Act, 18S2 (Central Act XXI of 1882) and the Tamil Nadu Forost (Amondmcnt Aat, 1919 (Tamil Nadu Act VII of 1919). 4 This expression was substituted fur the expressioii 'Twi doncy of Madras" by the Tamil Nadu Aclaptation of Laws Order 1970, whioh was deemed to have come into force on the 146h Jan-, 1969. 232 Forest ti882 : T.N. Aot V LocnlExtent l[It extends to the whole of the Y$ta*e of T d Nadu)] I Provided that the 3[Gtovernment] may, by notifioa tion in the '[Offioial Gazette], exempt any plaoe from the operation of the whole or any portion of this Aot but not so as to affeot anything done, or any offence committed, or any fine or penalty inourred, or m y proaeedings oonunenoed in suoh plaoe before such exemption, and may in like mhnner vary or oanoel suoh notifioation ; @ernmenee- and it ahall oome into foroe on suoh day as bh. men$. s[Government] may by notification in the ~[~ffioial Gazette] direot. cbptere &[I-& The provisions of Chapters VI-A an? VI-B #hall apply oely to the transferred territory.] :E:ly:(UY. ferred teni tery only. bterpmts. 2. In this Aot, and in all rules made Bdretmder, tion-oleuse. unlens there is something repugnant in the subjeot or mnte%t, ";rovl3,f"- " Government " mct 21-1.7 e[Stab Govern, ment. menti] : the x t -i - 1 This paragraph w& substituted by the Madrw Adaptation of Laws Order, 1917, with effeot from the let November 1966, for the original paragraph. 2 This expression was substituted for the expression " Stat. of Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, ae amended by the Tamil Nadu Adaptation of Laws (Seoond Amendment) Order, 1969, which came into foroe on the 14th January 1989. 3 The words " Provincial Government " were substituted for the words " Governor in Counoil" by the Adaptation Order of 1937 and the word " Provincial " wss omitted by the Adaptation (Amendment) Order of 1960. 4 These words were substituted for the worQ " Port 81. (;lwge '7azdte " by the Adaptation Order of 1937. 6 This section w&s inserted by section 2 of the Temil N& Forest (Amendment) Aot, 1966 (Tamil Nadu Act 40 of 1968). 6 The words "ProvinoiJ Government" were substi~uted for the words " Governor of Fort St. George in Counoil by th. Adaptation Order of 1937 and the word <' State " wea ~ u b s t 1 f u ~ for 6' Provinoial " by the Adaptation Order of 1940. " Colledor " means $he ohief mautive Revenue offioer of a distriot : (' Porest-ofioer " meana any person appointed by name or as holding an offioe by or under the ordera of the Gbvenunent to be a Conservator, Deputy Conservator, Aesistant Comervator, '[Extra Assistant Conservator], Forest-ranger, Forester, Forest-guard : or to d i sh rge any funotion of a Foreat-offiaer under this Aot or any rule made hereunder : '' Di~triob-Forest-offioer " means the cbief Foreat offioer of a diatriot or of a portion of a distrioC, if in independent oharge of suoh portion : tree " inoludes stiumpe, bamboos and brush wood : $imber " inoludee trees when they have fallen or have been felled, and all wood, whether out up or faehioned or hallowed out for any purpose or no4 : " forest-prsduee " koludea the following thing8 when found in, or brought from, a forest (that ie to my) : minerale (inoluding limestone and laterite), surfsoe-mil, trees, fimber, plants, graae, p b , 'aanee, oreepers, reeds, fibres, leaves, moea, flowers, fruits, &, roots, galla, spioes, juioe, oateohu, bark, aaoutohouo, gum, wood-oil, resin, varnish, Iao, oharooal, honey and wsx, akine, tusks, bones and horns: *[Exphdion I .-In ' the transferred territory, '' forest-produoe " also inoludes the following things, ' whether found in, or brought from, a foreat or not, that is to say : timber or trees whioh are speoified to be royalties under seotion 40-G. 1Thee.e w~rda were substituted for the words *' 8ub.AsaistanC Conservator by seotion 2 of the Madras Forest (Amendment) Aat, 1936 (Msdnre Act VII of 1936). a These Explanetions were added by section 3 of the Tamil N d u Foreat (Amendment) Act, 1966 (Tamil Nadu Aot 40 of 1966). " Fomst offenoe. " " Cattle. " " Lmd st the disposal of Govern ment." . Forest [isas : T.N. at .V I - . . . * . Exp1ana;tim 11.-FO~ th* purpos6 {f ~xp&tion I, timber doee not, inolude any wood that has been wrought ,or .fashioned suoh as doors, windows, articles of furnitme and boxes ;] g c forest-offenoe " means an offenoe punishable under this Aot or any rule made hereunder : oattle " inoludes elephants, camels, buffaloeo, hora88, mares,. pbnies, .oolts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids : " river " inoludes streams, oanals, l[baokwaters], oreeks and other ohannels, natural or artifioial: ; (' land a t the disposal of (3overnment " inoludes ell unoooupied land, whether assessed or unassessed ; but does not inolude land, the property of Isnd holders as defined by motion 1 of Act Vm of 18669, Madrm (namely), all pereons . holding under a sand-i-milkiyat-i-istimrw, all other zamindara; : &rotriyam&s, jhgirdhrs, inhmdhrs and all persons farming lands from the above persons or feming the land-revenue under Government ; also all holders of land under raiyatwsr settlements, or in any way ~ubjeot to the payment of land-revenue direoft to Government, and all other registered holders of land . in proprietary right : a [ E x p Z ~ i ~ . - I n the transferred territory, ' ' land at the disposal of Govenunent " also includes all land oooupied temporsrily and all land oooupied without permission, whether assessed or unassessed, but does not inolude land, the property of jenmieg or Devm~ms . ] 1 Thk word was inserted by motion 3 of the Tamil Nadu Forest (Amendment) Act, 1065 (Tamil Nadu Act 40 of 1965). 2 See now Trunil Nadu Act I of 1008. This Explanation was added by motion 3 of the Tamil Nadu Famt (Amendment.) Aot, 1966 ( T d Nadu Aot 40 of 19611). t ! t flrsa!: Ir.Nn.Adt .q . Forest " Magistrate " means a Magistrate of .the " Me$!#. &st or aeaond aha*, and inoludes a Magistrate of tr'te a the third alms* when he is spedally empowered by Qove~pment to try forestsffenaes : " imprisonment " means imprisonment of ,.Imprison. kM&either deaoription as defined in the Indian Penal merit.** K1860. COde : transferred territory " means the Kanya- Tranr kumari. di~trict and the Sbenoottah tsluk of the tziq,,, Tjrunelveli dietriot.] CHAPETR 11. . , 8. The a[aovtrnrnent] may aonstituto any land gy.: at the disposal of Government a reserved forest in the forest. manner heminafter provided. 4. Whenever it is proposed to constitute any land Notifice s rmerved foreat, the *[Government] shall publish a z2zlthe n~titimtion in the 8[Offieial Gazette] and in the merit., offieial Gazette of the distriet- .. (a) ~peeifying, MI nearly as possible, the situatioh and Iimits of auoh land ; (b) dealaring that it i a proposed to oonstitute sueh lend a reserved forest ; (o) appointing an offioer (hereinafter salled the Forest-eettlementaffimr) to inquire inta and deter mine the existenoe, nature and extent of any rights 1Thk dehition wan added by section 3 of the Tamil Nadu Forest (Amendment) Act, 1966 (Tamil Nsdu Act 40 of 1966). The words Provincial Govenunent " were substituted for the words " Governor in Counoil" by the Adaptation Order of 1937 and the word &' Provincial " was omitted by the Adaptation (Amendment) Order of 1960. 8Thm words were eubetituted for the words "Furl St. George (Iadte " by tho Adaptation Order of 1937. *According to olauaes (a) and (b) of sub-section (3) of seotion 3 of the Code of Crimilml Procedure, 1073 (Contra1 Act 2 of 1974), which came into force on the 1st April 1974, refemnae to a Mag~strate of the fire% olaes shell be construed as a reference to a Judicial Magis trate of the firat oleas and reference to a Magistrate of the second dm or of $he third clam shall be constmd as a reference to a JQdiaial Magistrste of the second c l a ~ . ohimed by, or alleged bo exist in favoru' bf, any person in or over any land oomprised within enah limits, or to any forest-produoe of suoh land, and to deal with the same as provided in this Chapter. The ofiaer appointed under olass (c) of this seobion . . * &all ordinarily be a person other than a Forest- . J ! offiaer ; but s Forest-offioer may be appointed by the l[Government] to attend on behalf of Govern ment at the inquiry presoribed by tbis Chapter. 8uitr 5. Exmpt as hereinafter provided, no Civil Court b'Lmd. hall , between the dates of the publioation of the notifiaation under seation 4 and of the notifioation to be issued under seation 16, entertain any suit to establish any right in or over any land, or to t,he forest-produoe of any land, inoluded in the notifioatidn '' published under seotion 4. q.oeluzm* 6. When notifioation has been issued undr *'On by seotion 4,' the Porest-ssttlement-offiaer shall publish F o r o a t a. in̂ the offioid Gazette of tihe distriat, and a t the ef~mr. headquarters of eaah taluk in whieh any portion of the land inoluded in euoh notifioation is sit&, and in every town and village in the neighbourhd of , suoh land, a proolamation (a) speaifying, as nearly as hs ible , the situation and limits of the land proposed to be inoluded within the reserved forest ; (b) setting forth the substanoe of the provisions of seotion 7 ; (c) explaining the oonsequenoes whioh, as hereinafter provided, will enaue on the reservation of suoh forest ; and (d) fixing a period not less than three months from the date of publishing suoh proolamation in the official Gazette of the district and requiring 1 The words "Provincial aovernment " were subetituted for. the worda '' Governor in Counoil" by the Adaptstion Order .I 1937 end the word " Provinoial " wae omitted by the Adaptatw ( A u w n d n u n t ) O r d eroflQ50. 1 1 every person olaiming any right referred to in seotion 4 either to p~888nb to suoh offioer, within suoh period, a written notioe spdQhg, or to appear before him within suoh period and state, the nature of suoh right and in either oase to produce all documents in aupport thereof. The Forest-settlement-offioer shall also nerve s nottioe to the same eff& on every known or reputed owner or oocupier of any land included in or adjoining the land proposed to be oonatituted a reserved forest, or on hie recognized agent or manager. Such notice may be sent by registered post to persons residing beyond the limits of the district in which suoh land is situate. I . . 7. During the intern1 between the publioation of Bar of suoh proolamation and the-date fixed by the notifioa- ~mal of bion under section 16, foreat - rightr. no right shall be aoquired in or over the land included in suoh proolamation, except under a p n t or oontraot in writing made or entered into by, or on behalf of the &vernment, or by, or on behalf of, some person in whom suqh, right, or power to create the same, was vested when the proclamation was published, or by auocession from such person ; and no fresh olearings for oultivation or for any ather Prohibi purpose shall be made on suoh land. tion of olearinga, *to. No path ;hall, without the previous sanotion' of the =[Board of Revenue], 'be granted on behalf of Govern ment in suoh land, and every path granted without such sanction shall be null and void. Nothing in this eeotion ahall be deemed to prohibib any aot done with the permission in writing of the Fomsb-settlement-offimr. . . .I, i . ~ &&I &re '&bstituteb' for the words a Governor in &~noil" by the Tamil Nada Deoentrslication Aob, lQl4 (Tamil Nadu Ao$ VTII of 1914). : 238 Fwesi [*8@ : 9.8. Aet V Inquiry by 8. The Forest-setblement-&oer shall take down in writing all statements made under section 6, and aettlement offlcer. shall inquire into all oI&ims made under that seotion, reoording the evidenoe in the manner presoribed by the Code of Civil Prooedurel in appealable oasee. The Forest-settlement-officer shall at the same time consider and record any objeotion whioh the Forest-officer {if any) appointed under seotion 4 mey make to any such olaim. Powera of 9. For the purpose 'of auoh inquiry the Forest settlement-offioer may exeroise the following powere aettlement (that is to say) :- o0tlcer. (a) power to enter, by himself or any offimr author id by him for the purpose, upon any land, and to survey, demarcate and make a map of the same ; and (b) the powera oonfened on a Civil Court by the Code of Civil Prooedurel for oompelling the attendame of witnesses and the produotion of daou mente. cleims to 10. In the owe of a olairn to s right in or over my righte Of land other then the following rights : oooupanoy and owner ship. (a) a right of way ; (6) a. right to a water-oourse, or to use of water ; 'G) a right of pasture ; or (a) a right to forest-produoe ; the Forest-settlement-offioer shall pee@ an order spmifying the partioular~ of euoh ol& and admitiking or rejeating the same wholly or in part. Admitted elaimr. i. If auoh ah& is admittad wholly or in part, the Foreat-rrettlemt-offi~er m y (1) oome toan eg-reexnent with the ctkduumt for the T.77 - 1882 : T.N. Act .VJ Porest 230' surrender of the right ; or (2) exdude the land from the limits of the proposed forests ; or (3) pro& to soquire such land iia the manner provided by the Land lOf Aoquisition Act, '1870 1. . For the purpose of so aoquiring suoh I d ! (i) the Forest-mttlement-offioer shalI be deemed ntrol to be a Colleotor proceeding under the Land Aoquisi ,, of tion Aot, 1870' ; h 1870. (ii) the olaimanf. shall be .deemed to .be a person I I interested and appearing before him in pursuanoe of a notioe given under motion 9 of that Act ; (iii) the provisions of the prebeding sections of that Act sball be deemed to have been complied with ; and I (iv) the Foreeat-settlement-officer with the consent of the olaimant, or the Court (as defined in the said Act) with the oonsenb of the olaimrtrib and of the 1 Weator of the distriot, may award oompensation by the grant of right in or over land, or by the payment of money, or both. ii. If such 01 th is rejected wholly or in part, $;I4e d the claimant may, within thirty1 days from the Appealg, date of the order, prefer anJ appeal to the Distriot Court in respeot of suoh rejeotion only : Provided that the ~[hvernment] may, on just and reasonable oause for the same being shown, extend $he period & . for suoh appeal within suoh further period as m y . seem. proper, and an order or endorsement under the signature of one of the Septaries to Government shall be suilioient authority for the eaid Court fc entertain such appeal beyond the limit above specified. If the Court &ides that the ol- or suoh part thereof as bi been rejeoted should be ( ' + 116ed now the Land Aoquieition Aat, 1894 (Central Aot T of 1894). a The words Provinbiel- Government " were rubstituted for ' the words. %ovemof ~ Couoo: " by the Adaptstion O w r of 1937 and the w d e6Prr,vinoial was omitbd by the Adspt+on <[Amendment) Order of i9ckl. * Clsims to righta of way, water co-, paeturs, and to foreat produoa. Provirion for dghb of PU bun, or to omrt-produoa admitted. ti882 : EN. Act V' admitted, the Forest-settlement-offioer shall proceed to deal with it in like manner as if it had been in the first instanoe admitted by himmIf, iii. When a olaim haa been admitted in the first instsnoe wholly or in part, a like appeal may be preferred on behalf of Government by the Foreet offioer appointed under motion 4, or other person generally or speoially empowered by the Government in this behalf. 14. In the w e of a olaim to rights of the kind speoified in olauaes (a), (b), (o) and (d) of section 10, the liorrest-eettlement-offioer shall pass an order speoifjhg the particulars of such claim as far as may be neoeasary to define the nature, inoidents and extent of bhe rights olaimed, and admitting or rejeoting suoh olaim wholly or in part. When a olaim to any suoh right is admitted, if the right is for the benefioial enjoyment of any land or .buildings, he shall reoord the designation, poaitiom and area of euoh land, and the designation and posi tion of suoh buildings. Where the right ia a right to forest-produoe, he shall olso reoord whether the forest-produoe obtained by the emrabe of 8uoh right may be sold or bartered. la. When the Forest-settlement-offioer has admitted wholly or in part, and reoorded under seotion 11, a ofaim to a right of paeture or to forest-produoe, he shall, as far as possible, provide for the ereroise of nxoh right (a) by aitering the limit8 of the proposed reaer red forest so 88 to emolude lend of s@oient extent, of a suitable kind, and in a looelity reasonably oonvenient for the purposes of the olaimant ; (b) by reoording an order oontinuiag ta 'the olsimant a right of pasture or to forest-produae (as the wum may be), eubjeot to suah rules as may be preaori bed by the l[Government]. c, t The wordu " Provinoiel ~ w n m e 8 * " W? rubrtifutad for wordr " Qovsrnor in C o y ~ l " by fbs Adeptdwm Or& of 1987 and th word " Provinoiel wa romitted by fh. A & p w (Amendment) Ordo* of 19m. 82 : T.N. Act V] E"orsbt 2 411 The order passed under o h e (b) shall reoord, as far as practioable, the number and description of the cattle which the claimant is from time to time entitled to graze, the looal limits within which, and the seasons during whioh, suoh pasture is permitted ; or the quantity of timber or other forest-produce which the claimant is authorized to take or receive, the loml limits within whioh, the season during which, and the mode in which, the taking of such produce is permitted; and such other particulars as may be required in order to define the extent of the right which is continued, and the mode in which it may be exercised. 13. Whenever any right of pasture or to forest- Commutation produce admitted under section 11 is not provided for such rightr. in one of the ways prescribed in seotion 12, the Forest settlement-oficer shall, subject to such rules as the Government may prescribe in this behalf, commute such right by paying a sum of money in lieu thereof, or, with the consent of the claimant, by the grant of rights in or over land or in suoh other manner as such officer thinks fit. 14. The claimant, or the Porest-officer appointed &\:$z:$ under section 4, or any other person generally or under seations specially empowered by the Government in this behalf, 11,12 and 13 may, within sixty days from the date of any order passed by the Forest-settlement-officer under sections 11, 12 and 13, present an appeal from such order. ' to a Forest Court constituted as hereinafter provi ded, or, where no such Court is constituted, to such officer of the Revenue Department of not less than twelve years' standing as the 1[Government] may, from time to time, by notification in the 2[Offioial Gazette], appoint, by name or as holding an office, to hear appeals from suoh orders 1 The worda "Provinoial Government " were aubstitubed for the words "Governor in Council" by the Adapintic~ll Ordcr of 1937 and the word "Provinoial" wss omitted by the Adaptation ( Amendment) Order df 1960. s ~hese words were mbetituted for the words " Port 8t. U w g e a aMe " by the Adaptation Order of 1937. 126i19-16 242 Forest [I882 : T.N. Act V .. . In disposing of such appeals the Revenue-officer appointed as aforesaid shall be guided by the provisions of sections 39 and 40 of this Act. 4ppea1mder 15. Every appeal under section 14 shall be made by section 14. petition in writing, and may be delivered to the Porest settlement-officer, who shall forward it without delay to the appellate authority. Notification declaring forest 16. When the following events have occurred, rererved. namely : (a) the period fixed under section 6 for preferring claims has elapsed, and aJl claims (if any) made within suoh period have been disposed of by the Forest settlement-officer ; and (b) if suoh claims have been made, the period fixed by seotions 10 and 14 for appealing from the orders passed on suoh claims has elapsed, and all appeals (if any) presented within suoh period have been disposed of by the appellate authority ; and (c) all proceedings prescribed by section 10 have been taken, and all lands (if any) to be included in the proposed forest, which %he Forest-settlement-officer has,under section 10, elected to aoquire under the Land Coutra Aoquisition Act, 1870, have become vested in the Government under seatiou. 16 of that Aot ; the z[Government] may publish a notifioationg in the 4[0ffioiul Gozotto], specifying the limits of the forest which it is intended to reserve, and declaring the same to be reserveaifrom a date to be fixed by such notifi @%tion. The Forest-settlement-officer shall, before the date ro fked, publish suoh notifioation in the manner pres mibed for the proolamation under section 6. From the date so fixed, euoh forest shall be deemed to be a reserved forest. 1 See now the Land Acquisition Act, 1894 (Centrd Act I of 1894). 2 'Yhe words "Provincial Government" were substituted for tllo wards uGouernor in Counoil" by the Adaptation Ordor of 1937 and the word '6Provincial" was omitted by tho Adaptation (Amend ment) Order of 1960. 8 rgdS the List of Local Rulea end Orders. 4 Those words war0 substituted for tho wortla 6 6 F o ~ t St. Ueorgs Graetce" by t! R Adaptation Otder of 1937. / 1882 : T.N. Act V] P O T ~ ~ 243 17. Rights in respect of which no claim has been Extinction of preferred under section 6 shall thereupon be extingui- ii$ze:~t shed, unless, before the publication of suoh notifioation, the person claiming them has satisfied the Forest-settlement-officer that he had sufficient cause for not preferring such claim within the period fixed under section 6 ; in whioh case the Forest-settlement officer shall proceed to dispose of the claim in the man ner hereinbefore provided. l[17-A. (1) Whore the description of the limits of Powor of the Governmer t any reserved forest notified under section 16 is defective to redefine tho or is not olear in reference to existing facts, the limits of reser a[Government] may, by notification in the SIOfficial ved forest8 in Gazette], deolare thoir intention to redefine the limits certain oases. of suoh reserved forest so as to remove the defeot or to make the description clear in reference to existing facts. $uoh notilication shall specify as nearly as possible the oorreations whioh it is proposed to effect to the limits of the reserved forest. (2) On the issue of a notification under sub seotion (I), the Distriot-forest-officor shall publish in the Offioial Gazette of the district conoerned and in euch other manner as may be presoribed by rules made in that behalf a notice (a) speoifying the corrections proposed by the notification under sub-section (1) ; and (b ) stating that any objections which may be made in person or in writing to the District-forest officer, within a period of thirty days from the date of publication of the notice, will be considered by him. (3) After the expiry of the period referred to in clause (6) of sub-section (2) and after considering the objections, if any, received by him, the District 1 This section was inserted by section 3 of the nln~lras Forest (Amendment) Act, 1936 (Madras Act VII of 1936). 2 The words "Provincial Government " were substituted for the words " Local Clovernmeft " by the Adaptation Orcler of 1937 and the word "Provincial was omitted by the Adaptation (Amendment) Order of 1960. a These words were substituted for thr, words "Fort St. George Qazarte" by the Adaptation Order of 1937. 125-19- 1 6 ~ Torat . [I882 : T.N. Act V forest-offioer shall submit to the l[Government] the record of the proceedings held by him together with a report thereon. (4) The '[Government] may, after considering the report of the District-forest-officer, by notification in the 2[0fficial Gazette] redefine the limits of the reserved forest, as proposed by the notification under aub-seotion (l), with suoh modifications as they think fit or without any modifications. (5) Sav as eprovided in this section, it shall not be necessary to follow the procedure laid down in sections 4 to 16 before issuing a notification under sub-section ( B ) . ] No right msuirea over 18. No right of any description shall be acquired in reserved forost or over a reserved forest, except under a grant or con Oxcept as here tra& inwriting made by or on behalf of the Govern provided. ment, or by or on behalf of some person in whom such right, or the power to create such right, was vested when the notification under section 16 was published or by succession from suoh person : Provided that no patta shall without the previous sanction of the a[goard of Revenue] be granted on behalf of Government for any land included within a reserved forest, and every patta granted without such sanotion shall be null and void. Rrghta ooatlnu. 19. Notwithstanding anything herein contained, no ed 12 notto emtion be right continued under section 12 shall be alienated by alienated Way of grant, sale, lease, mortgage or otherwise without without the sanction of the Government : Provided that, when tion. any such right is oontinued for the beneficial enjoyment of any land or buildings, it may be sold or otherwise alienated with such land or buildings without suoh sanction. Any alienation of such right in oontraven tion of this section shall be null and void. 1 The words "ProvinOial ~overnment" wore substituted for the words Local govern me^^ " by the Adaptation Order of 1937 and( the word " Provinoial was omitted by the Adaptation (&nendment) Order of 1960. : These worde were substituted for the worda "J'?rt St. Gorge Gazette " by the Adaptation Ordex of 1937. 8 ~ h e a e worde were substituted for the words " Uovernor in Counoil" by the Tamil Nadu D e o e n ~ t i o n Aot, 1914 (Tamil ~ a d u Aot VIII of 1914). 1882 : T.N. Act V] Foreat '. . No forest-produoe obtained in exeroise of any righh rontinued under seotion 12 shall be sold or bartered except to the extent defined by the order recorded under seotions 11 and 12. Any person selling or bartering any forest-produce in contravention of this seotion shall be punished with fine which may extend to two hundred rupees. 20. The District-forest-offioer may, from time to Powerto stop ' time, with the previous sanotion of the Government, ~ ~ ~ r e e ~ ~ , " ~ f : stop any public or private way or water-course in a ,,,a f,,,b, reserved forest : Provided that a reasonably aonvenient substitute for the way or water-course so stopped already exists, or has been provided or oonstruoted in lieu thereof. 21. Any person who- PeolJties for - treepaas or (a) makes any fresh olearing prohibited by damege in section 7 ; or reserved and ects foread., prohibited in (b) sets fire to a reserved forest, or kindles, or suoh fomts* leaves burning: any fire in suoh manner aa to endanger the same ; or who, in a reserved forest, (c) kindles, keeps or carries m y &e eroept ab such season and in such manner as the District-forest offioer may from time to time notify ; (d) trespasses, or pastures cattle, or permita cattle to trespass ; (e) fells, girdles, marks, lops, taps, uproots or burns any tree, or strips off the bark or leaves from, or otherwise damages, the same ; d f ) qu~rries stone, burns lime or charcoal, or collects, subjects to any manufacturing procesa, or removes any forest-produce ; (g) clears, cultivates or breaks up &ny land for cultivation or any other purpose ; or .24;6 Forest [I882 : T.N. Act V (h) in contravention of any rules made by the 1 [Goveri~ment] hunts, shoots, fishes, poisons water or sets traps or sllares ; (i) damages, alters or removes any wall, ditch, embankment, fence, hedge or railing ; 2[shall, in addition to such compensation for damage done to the forest as the convicting court may direct to be paid, be punished (1) in any ca66 where any of the acts aforesaid relates to sandalwood, with imprisonment for a term which may extend to one year and with fine whioh may extend to ten thousand rupees ; (2) in any other case, with imprisonment for a trjrm which may extend to six months, or with fine whioh may extend to five hundred rupees, or with . both,] Aote exempted Nothing in this section shall be deemed to prohibit from prohibitiop omtamed in this section. (a) any act done in accordance with any rule made by the Government or with the permission in writing of the District-forest-officer, or of an officer authorized by him to grant such permission ; or (b ) the exercise of any right continued under section 12 or created by grant or contract in the manner described in section 18 : Provided that this section shall not be held to interfere with such working of the forest as may be ordered by the District-forest-officer. 1 The words " Provinoial Government " were substituted for the words " CIovernor in Council " by the Adaptation Order of 1937 and the word " Provincial " was omitted by the Adapktion (Amendment) Order of 1960. a These words, braokets and figures were substituted for the words " shall be punished with imprisonment for a term whioh may extend to six months, or with fine, whioh may extend to five hundred rupees, or with both, in addition to suoh oomponsation for ds,mge done to the forest as tho oonvicting oourt may direot to be paid " by seotion 2 of the T d Nadu Boreat (Amendment) Aot, 1961 (Tamil Nadu A0436 of 1061). lE82 : T.R. Act V] Forest 2 47 22. Whenever fire is caused wiIfully or negligently suspeqsion of. r~ghte in reso. , in a reserved forest, the Government may (notwith- mea forests. standing that a penalty has been inflicted under section 21) direct that in such forest 'or any portion thereof the exercise of all rights of pasture or to forest-produoe shall be suspended for such period as i t thinks fit. / 28. Every parson aho exemises any right in apermnebound to assist Foreat. reserved foreat, or who is permitted to take any forest- ofacer and produce from, or to cut and remove timber or to Police-officer. pasture cattle in, such forest ; and every person who is employed by any sueh person in such forest ; and every village-officer or person in any village oontiguous to such forest who is employed by the Govenunent ; shall be bound to furnish without unnecessary delay to the nearest Forest-officer or Police-station house-officer any information he may possess respect ing the occurrence of a fire in or near such forest or tfie commission of, or intention to commit, any forest offence ; and shall assist any Forest-officer or Police officer demanding his aid (a) in extinguishing any fire occurring in such forest ; (b ) in preventing any firs which may occur in the d vicinity of such forest from spreading to such forest ; (o) in preventing the omm mission in such forest of any forest-offence; and (d) when there is reason to believe that any such offenoe has been committed in such f(~rest, in discover ing and arresting &he sffender. Forest 11882 : T.N. ,Act V Power to dec- 24. The Government may [ * * * ] by notifi lsre longer forest reserved. cation2 in the 3[Official Gazette] direct .that, from a date to be fixed by such notification, any forest or any portion thereof reserved under this Act shall ceqse to be reserved. From the date so fixed such forest or portion shall cease to be reserved : but the rights (if any) which have been extinguished therein shall not revive in oonse quence of such c3smtion. Forest8 reMri 25. The Government may, by notification4 in the red previous to 8 of [Official Gazette], declare any forest which has been thie ~ c t . reserved bv order of the Government ~revious to the day on whkh this Act comes into force to be a reserved forest under this Act : Provided that if the rights of the Government or of private persons to or over any land or forest-produoe in such forest have not been inquired into, settled and recorded in a, manner which the Government thinks sufficient, the same shall be inquired into, settled and recorded in the manner provided by this Act for reserved forests, before the date on which the notifica tion declaring the forest to be reserved takes effect. All questions decided, orders issued and records prepared in connection with the reservation of such forest shall be deemed to have been decided, issued and prepared hereunder, and the provisions of this Aot . relating to reserved forests shall apply to suoh forest. 1 Thewords "subject to the control of the Governor-Ckneral in Council " were omitted by the Adaptation Order of 1937. a Several notifioations under this power have been issued, but they are so numerous and liable to suoh frequent ohange that it u unneoeasary to note them here. These words were substituted for the words "Fort S8. George ( f as t te " by the Adaptation Order of 1937. 4 Notiacations under this section me too rlumerous and subjeot to so much alteration an to make referen- here to them unneoemwy. 1883 : T.N. Act VJ Forest 26. Subject to all rights now legally vested in Power to individuals and communities, the [Government] may m..L* for any district or portion of a district make rules2 to regulate the use of the pasturage or of the natural produce of land a t the disposal of Government and no* included in a reserved forest. Such rules may, with respect to such land, (a) regulate or prohibit the clearing or breaking up of land for cultivation or other purposes ; (b) regulate or prohibit the kindling of fires, and prescribe the precautions to be taken to prevent the spreading of fires ; (c) regulate or prohibit the cutting, sawing, conversion and removal of trees and timber, and the collection and removal of natural produce ; (a) regulate or prohibit the quarrying of etone, the boiling of catechu, or the burning of lime or oharcoal ; (e) regulate or prohibit the cutting of grm and pasturing of oattle, and regulate the payments (if any) to be made for such cutting or pasturing ; 8df) regulate or prohibit hunting, shooting, fishing, poisoning water n? ' setting traps or snares ; (g) regulate the sail. or free grant of timber or other natural produce ; arrd 1 The words " Provinoiel Gbvornment " were substituted for tho words '' aovernor in Council" by the Adaptation Order of IQST and the word " Provinoial" wa 3 omitted by the Adaptfitim (Ame~dment) Order of 1960. a For rules, eee the List of Local Rules and Ordera. ? Bw rulea under olause (f ), see W. Forest [I882 : T.N. Act V (h) prescribe the fees, royalties or other payments for auch timber or other natural produce, and the manner in which such fees, royalties or obher payments shall be levied. Pendties for . 1Phe Government may by such rules prescribe as wta in contra. irention penalties for the infringement thereof (1) in any case where such infringement relates to sandalwood, imprisonment for a term which may extend to one y a r and fine which may extend to ten thousand rupees, (2) in any other case, imprisonment for a term which may extend to one month, or fine which may extend to two hundred rupees, or both :] Provided that the [Government] may exempt any person or class of persons from the operation of all or any of such rules. penm to dose 27. Whenever fire is mused wilfully or negligently land against in any land to which all or any of the rules made under prstun. section 26 have been extended, the Government may, notwithstanding that a penalty has been inflicted under that section, direct that such land be closed against pasture for such period as it thinks fit Provided that an area sufficient in extent and in a locality reasonably convenient is left open for the use of persons having rights of pasture in suoh land. Pendtrir. 28. Whoever pastures cattle or permit8 cattle to trespass in b n d closed under section 27 shall be punish ed with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 1 These words, brmkets and @'urea were substituted for the words "The Government may by suoh rules preeoribe, se penalties for the infringement thereof, imprisonment for e, term whioh may extend to one ?:nth, or fine whioh may extend to two hundred rupees, or both by section 3 of the T d Nadu Forest (Amend ment) Aot, 1961 (Tamil Nadu Aot 36 of 1961). 9 The words "Provincial Government" were substituted for the words "Governor in. Coufl~il" by the Adaptation Order of 1937 and the wordMProvlnoial" was omitted by tho Adapta tion (Amendment) Order of 1950. CHAPTER IV. OF !CHB OONTROL OVER FORESTS AND LANDS NOT AT THE DISPOSAL O F GOVERNMENT OR I N WHICH GOVERN MENT HAS A LIB5TED INTEREST. On certain bnda, 29. The f[Goven~mont] may from time to time, the braking u,, by notification in the %[Official Gazette] and in the or cleeriq for official Gazettes of the districts affected there by,^^^^^^$ regulate or prohibit in any forest waste-land not a t the or prohib~ted disposal of Government (a) the breaking up or clearing of land for culti vation ; . (b) the ps$&ing of oahtle ; (c) the firing or clearing of the vegetation ; when such regulation or prohibition appears to be necemry for any of the following purposes : $rat, for protection against storms, winds, rolling stones, floods and avalanches ; second, for the preservation of the soil on the ridges and slopes, and in the valleys, of hilly tracts, the prevention of landslips and of the formation of ravines and torrents and the protection of land against erosion, or the deposit thereon of and, stones or gravel ; third, for the maintenance of a water-supply in springs, rivers and taiilts ; fa&, for the protection of roads, bridges, rail ways and other lines of oommunication ; The wora " Provincial Gbvenunent " were rubstituted for tho words " Governor in Coul?il" by the Adaptstion Order of 198'7 and the word " Provinoid was omitted by the Adaptation (Amendment) Order of 1960. These word. were substituted for the words " Port St. Q-8 #a&& " by the Ad8ptation Order of 1937. Fore.& [1882: T.N. Act V Jifth, for the presem,ation of the public health ; and may alter or cancel suoh notifimtion. The Government may, for any such purpoae, construct a t their own expense, in or upon any such forest or land, such works as they think fit : Provided that no such notification shall be made or work begun until after the issue of a notice to the owner of auch forest or land calling upon him to show cause, within a reasonable period to be specified in auoh notice, why such notification should not be made or work constructed, and until his objections (if any) and any evidence he may produce in support of the same have been heard by an officer duly appointed in that behalf, and have been considered by the Govern ment. I1 mu. ef .. 30. Whenever the owner of vtbJ Ad forest or land z! may decline to comply with the re& o.'~ns or direotions men+ may t ~ k o contained in the said notification, it shall be incumbent 8uehland8 upon the Government, if they resolve to assume en IOMO or reqnin thorn, control of the said forest or land, to take the said forest or land, or ao much of it as they mrty see fit, on lease from the owner for such term as they may deem it necessary to retain the &me under control, and the owner shall be bound either to conclude suoh lease with the Government or to require that auoh forest or land shall be aoquired for public purposes, and in the latter event the Government shall acquire such forest or land accordingly. If such l w e is agreed upon, the amount of annual rent to be reserved, and all other questions arising between the owner or persons claiming to be owners and the Government, ahall, in mse of dispute, be determined in accordance, ao far as may be, with the provisions of the Land x Asquisition Act, 1870.l of 1870. A*Wnition of 31. In any case under this Chapter in which the f o W or lNld the hnd Government consider that, in lieu of taking the forest A*q~iritio~ h t . or land under its control, the same should be aoquired for public purposes, the Government may prowed central to aoquire it in the manner presoribed by the Land Aet Xaf Acquisition Aot, 1 8701. 1870. 8- now th. Lsad Ampisition h t , 1894 (Central Act 1 of 1894.) 1882 : T.N. A6t V] . Porest 253 32. The owner of any land or, if there be rnorehot.oti~nof fonrt a$ than on0 owner thereof, the owners of shares therein, C,9Ub1 ef whether divided or not, amounting in the aggregate omorr. to a t least two-thirds thereof, may, with a view to the formation or conservation of forests thereon represent in writing to the Collector their desire (a) that such land be managed on their behalf by the Distriot Forest Offioer, as a reserved forest, on such terms as may be agreed upon ; or (b ) that such land be manatged subject to the control of the Collector by a person appointed by themselves and approved by the Collector ; or (c) that all or any of the provisions of this Act or rules made thereunder be applied to such land. The Government may in any such case, by notifica tion in the '[Official Gazette], apply to such land such provisions of this Act as i t thinks suitable to the circumstances thereof and as may be desired by the applicants. Any such notification may be altered or cancelled by a like notification. 33. If the Government and any person or persons $zTT,"fzgt are jointly interested in any forest or waste-land, property of or in the whole or any part of the produce thereof, Govorn-nt snd the Government may either other pbraona. (a) undertake the management of such forest, waste-land or produce, accounting to such person for his interest in the same ; or (b ) issue such regulations for the managenlent of the forest, waste-land or produce by the persons so jointly interested as it deems necessary for the management thereof and the interests of all parties therein. When the Government undertakes, under clause (a) of this section, the management of any forest, waste land or produce, it may, by notification in tEe '[Official Gazette1 and in the official Gazette of the district, 1 Theee word8 were aubtit~ted for the words " Fort 81, (ire0198 Uawtta " by the Adeptation Ordm of 1087. gorest [I882 : T.N. Act V declare that any of the provisions contained in Chapters I1 and I11 of this Act shall apply to such forest, waste-land or produce, and thereupon such provisions shall apply accordingly. z'uronm 34. All persons employed under sections 30,32 and 33 .PPployed out the to to carry out the provisions of this Act shall be deemed to be to be Forest-oEscers within the meaning of this Act. d.smed Fonrt-officere. ][The 2(Government) shall also have power to appoint any person to discharge any function of a Forest-officer under any of the provisions of this Act which have been extended to any land or to any forest or waste-land or produce thereof by a notification under section 32 or section 33 or under any rule made in pursuance of any provision so extended.] Power to make 35, The s[Government] may make rules to regulate to *@ete the transit of all timber or of certain classes of timber tramit of timber. within local limits as may appear to be necessary. Such rules may (among other matters) (a) prescribe the routes by whioh alone timber may be imported into and exported from the $[State of Tamil Nadu] ; 1 This paragraph was added by section 4 of the Bladraa Forsbt (Amendment) Act, 1936 (Madras Act VII of 1936). 2 The wp;rds "Provincial Government " were substituted for the words Local Government " by the hdapbetion Order of 1937 and the word " Provinciel " was omitted by the Abptation (Amendment) Order of 1950. 3 The wo~ds " Provincial Government " were substituted for the words Governor in Council " by the Adaptation Order of 1937 and the word "Provincial " was omitted by the Adaptation (hneadlnent) Order of 1050. *This expression WRL substituted for the exprebsion "Presidency of M&&s '' by the Tamil Nadu Adaptation of Laws Order, 1970, whim was deemed to have come into form on the 14th January IgSQ, 1882 : 2.N. Act V] Porest (b) prohibit the import and export or moviag within defined local limits of timber without a paarr from the landholder from whose lands i t was brought, or from an officer duly authorized to issue the same or otherwise than in accordance with the conditions of such pass ; (c) prescribe the form of such passes and provide for their issue, production and return ; (a) provide for the stoppage, reporting, examina tion and marking of timber in transit within defined local limits or a t stations established as hereinafter provided ; (e) establish, or authorize the Collector to establish stations to which such timber shall be taken by those in charge of it for examination or marking ; and the conditions under which such timber shall be brought to, stored at, and removed from such station ; Cf) provide for the management and control of such stations, and for regulating the appointment and duties of persons employed thereat ; @) authorize the transport of timber,the propeey of Government, across any land, and provide for the payment of compensation for any damage done by the transport of such timber; (h) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce and the throwing of grass, brushwood, branches and leaves into any suoh river, or any act which may cause such river to be dosed or obstructed ; (i) provide for the prevention and removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person, or by the sale of any timber, causing such obstruction ; (;i) provide for the protection of bridgea, locka or other public works, by regulating the floating of timber and the storing of timber on river banks and by authorizing the seizure of timber floated or stored ,266 Porest 11882 : T.N. Act V in contravention of such rules or by which any damage to such works may have been caused, and the detention and disposal of such timber until compensation has been made for the damage done ; (k) regulate the use of property-marks for timber and the registration of such marks; declare the circumstances in which the registration of any property-marks may be refuse4 or cancelled ; prescribe the time for which such registration shall hold good ; limit the number of such marks that may be registered by any one person ; and provide for the levy of fees for such registration. 1 [ ( l ) provide for the maintenance of accounts in respeot of all classes of sandalwood stored in private lands, depot.^, markets or factories, for industrial or commercial purposes.] Power of 2[35-A. Notwithstanding anything in section 35, Central the Central Government may make rules to prescribe Government as ~,ovem,,nts the route by which alone timber may be of timber imported and exported across any customs frontier &cross front;ors. as defined by the Central Government and any rules made under section 35 shall have effect subject to the rules made under this section.] Panaltiesfor 36. The SICentral or, as the case may be, State b-oh of rules Government] may, by such rules, prescribe as peualties made under rmtions a6 for the infringement thereof imprisonment for a term 80-A. which may extend to one month, or fine which may extend to two hundred rupees, or bcth. 4 [ W i t h ~ ~ t prejudice to the provisions contained in the preceding paragmph, the State Governmen$ may, in relation to sandalwood, prescribe as penalties for the infringement of rules made under section 36, not being a rule made under clause (a) of that section, imprisonment for a term which may extend to one year and fine which may extend to ten thousand rupees.] 1 This oleuse wes added by seotion 4 of the Tamil Nadu Forest (Amendment) Aot, 1961 (Tamil Nadu Aot 36 of 1961 ). a This seotion m a inserted by the Adapbtion Odor of 1937. 8 The wo~ds " Centre1 or, 8s the oase mny be, P~ovinoiol Government ware substituted for the word " Goverryent" by the Adaptation Order qf 1937 and the word "State ~ t i 6 substituted for " Provinoial by the Adaptation Order of 1950. 4 This paragraph wes inaerted by sootion 6 of the Tamil Ned" Forest (Amendment) Aot, 1961 (Tamil Nadu Aot 36 of 1961 ). 1882 t T.N. Act V] - Poreat In cases where the offence is committed after sunset and before sunrise, or after making preparation for resistance to the execution of any law or any legal process, or where the offender has been previously ' convicted of a like offence, the oonvicting Magistrate may inflict double the penalty prescribed for such offtsnce.~U l%G?JiZa 1 by the '[Gt ,&----" 86-A. No person shall have in his posseasion any Pollstrseion ot quantity of mndalwood in excess of five kilograms, ~:'~;,",",d,~. unleas under a licence granted by the District Forest officer in that behalf or unless such sandalwood is affixed by a Foresb officer with such mark and in such manner as may be prescribed: Provided that the Diatricb Forest officer may refuse to grant or renew a licenoe to any applicant or licensee in respect of whom he is satisfied thab by reason of his conviotion of an offence under this Act or the rules thereunder, or the previous mncellation or suspension of any licence granted thereunder, or the contravention of any of the requirements as to the possession of sandal wood, or for any other reasons which may be prescribed, he is no$ a fit person to whom a licence should be granted or renewed under this section. Every suoh order shall be communicated to the appliaanb or the licensee, as the case may be, as soon as possible. 86-B. The Government may make rules to provide Form end oonditions of for- liosno (a) the form and manner in which application for licences may be made ; 1 Che ter V-A was inserted by aeation 6 of the Tamil Ndo Foreet (Pmendment) Aot, 1961 (Tamil Nadu Aot 36 of 1961). (b) the terms and conditions which may beincluded in any licence and the fees for the grant of euoh licence ; (c) the grant of duplicate licences and the renewal licences and fee+ " - same, *bJA AuaLA.., , 26-C. The Districb A Power b le registratior el lor oepoel or suspend any licence granteu claum cancellenkter if it a v n d lioenoe. appears to him, after giving the holder thereof an opportunity of being heard, that the licensee haa contravened, or, failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence. Appeal. 36-D. Any person aggrieved by the decision of the District Forest officer refusing to grant or renew or cancelling or suspending a, licence under this Chapter may, within such time as may be prescribed, appeal to the Collector, and the Collector may make such order in the case as he may think fit. Penalties. 36-E. Whoever, in contravention of this Chapter or of any rule made or licence granted thereunder, possesses sandalwood, shall be punished with impri sonment for a term which may extend to one year and with fine which may extend to ten thousand tupees.] CHAPTER VI. AP 0int-b 37. Where no revenue-officer has been appointed -1 oonstitution of to hear appeals under section 14, the l[Governrnent] the F O W S ~ shall, frbm time to time, as occasion may arise, appoint Qourt. a Forest Court to hear such appeals. The Court shall consist of three members, of whom t one shall be the Judge of the Cour' of any distriot in which any portion of the land, the rights in or over 1 The w~rds " Provincial Government " were substituted for ' the worda Govornor in Counoil" by the Adaptation Order of 1937 and the word " Provincial " was omitted by the Adaptation ~dmendment) Order of 1960. 1882 : T.N. Act Vl Pwe8t 259 whioh are in dispute, is situated, or the offioer presiding in *the prinoipal Civil Cburb of originhl ' .. juriadiotion of suoh distriot, another shall be the Collector of any suoh distriot, or an ofBoer of the Revenue Department of no6 leaa than twelve gears' standing, , * and the third member shall be a person spqoially selected .by the '[Government], not holding an office of profit in the service of the Government. 38. The Judge appointed a member as aforesaid Jud , shdl be the President of the said Court, and shall b p p m d 60 make all suoh orders in the case as may be neoessary gf&nt, prior to the hearing of the appeal. I The offioial members of the Court may be appointed by name or as holding an offim. 39. For the hearing of appeals, the Forest court Hearing of 8WJma& day and a convenient place inthe neighbour- appmas. , hoar, \he land regard'i which, or regarding righta over W h , a dispute exists, and shall give notior thereof to the parties. All oases before the Forest Court shall be heard and disposed of, so far as may be, in accordanoe with the provisions of the a Code of Civil Prooedure : J?rovided that if, on the hearing of any suoh am, any question of law or of usage having the force of law, or the oonstruction of a document affeding the merits of the w e , shall arise on whioh the Courb. shall entertain reasonable doubts, the Court may, either of its own motion or on the application of , any of the parties, draw up a statement of the o m , and submit it, with its own opinion, for the opinion of the High Court. And it shall be the duty of the Forest Court to meke suoh reference to the High Court if the questione involve any principle of general irnportanoe or effeot the rights of a class. .-. The worde "Pmvinaiel Government" were substituted for fhr words "Governor in Connoil" by the Adaptation Order of 1937 and Ihe word "Provinaial" wes omitted by the Adaptation (,blend. ment) Order of 1980. * &, now Cmtd A& V of 1908. 126-1 9-17~ 260 Forest [I882 : T.N. Act V court to pass 40, At the conclusion of the inquiry, and after order which reoeipt of he order of the High Court (whiph shall be &all be final. binding upon the Forest Court) upon the reference (if any) prescribed by the preceding section, the Forest Court shall prooeed to pass such order in the case as it may oonsider just and proper; and the order pesbed by the said Court or by the majority of the members of the said Court shall be final. '[CHAPTER VI-A. Certain kind8 of timber to be deemed property of Government until title thereto proved, and may be oolleoted aocordingly. 40-A. (1) All timber found adrift, beached, stranded or sunk, all timber bearing marks which have not been registered under the rules made under section 38 or on which the marks have been obliterated, altered or defaced by fire or otherwise, and in such areas as the Government may direct, all unmarked timber shall be deemed to be the property of Government unless and until any person establishes his right and title thereto, as provided in this Chapter, (2) Such timber may be collected by any Forest officer or other person entitled to oollect the same by virtue of any rule made under seotion 40-3' and may be brought to auch station as the Forest-officer may from time tp time notify as a station for the reoeption oi drift timber. (3) The Government may, by noti£ioation in the Official C ~ e t t e , exempt any olass of timber from the provisions of this seotion and may, in like manner, withdraw suoh exemption. Notice to 40-B. Publio notice shall, from time to time, be cIs,wt,, of given by the Forest-officer of timber collected under fimberooll~hd seotion 40-A, A oopy of such notice shall also be ~ ~ ~ ~ r s ~ ~ i ~ ~ published in the Official Gazette and in the Offioial 40-A. --. 1 Thia Chapter wse inserted by motion 4: of tte Tam~lNadu Forest (Amendment) Aot, 1966 (Tamil Nadu Act 40 of 1966). 1882 : T.N. Act V] Fme8t 261 Gazette of the district. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to suoh officer, within a period not less than two months from the date of suoh notice, a written statement of suoh olaim. Proaedure on 40-C. (I) When any such statement is presented as aforesaid, the Forest-officer may, after making to euoh suoh inquiry as he thinks fit, either reject the claim timber. after recording his reasons for so doing, or deliver the timber to the claimant. (2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any suoh person whom he deems entitled thereto, or may refer the olaimants to the Civil Court, and retain the timber pending the receipt of an order from any suoh Court for its dispoml. (3) Any person whose claim has been rejected under this section may, within four months from the date of such rejection, institute a suit to recover possession of the timber claimed by him, but no person shall recover any compensation or costs against the Government, or against any Forest-officer, on account of suoh rejection or the detention or removal of any timber, or the delivery thereof to any other person under this section. (4) No suoh timber shall be subject to process of any Civil, C r i i a l or Revenue Court until it has been delivered, or a suit has been brought, as provided in this seotion. 40-D. If no suoh statement is presented, aa afore- 2tf:~k;f said, or if the cIaimnt omits to prefer his olsims in the timber, manner and within the period presoribed by the notice issued under section 40-B, or on such claim having been- so preferred by him and having been rejeoted, omits to institute a suit to reoover possession of such timber within the further period specified in seotion 40-C, the ownership of such timber shall ves* in the Government, 'or when such timber has been 262 Forest [I882 : T.N. Act V delivered to another person under seotion 4.0-C, in suoh other person free from all enoumbranoes not oreated by him. Payments to 40-E. No person shall be entitled to reoover posses be made by sion of any timber colleoted or delivered as aforesaid slaimant before until he has paid to the Forest-oBmr or other person Limber deli'entitled to reoeive it suoh sum on aocount thereof rered to him. as may be due under any rule made under seotion 40-F. Power to make 40-F. (1) The Government may, from time to time, nuke rules to regulate the following matters, namely: pmaltima. (a) the salving, oolleotion and disposal of all timber mentioned in seotion 40-A ; ' (b) the use and registration of boats used in salving and ctolleoting timber ; (c) the amounts to be paid for salving, oolleoting, moving, storing and disposing of suoh timber ; (a) the use and registration of hammers and other instruments to be used for marking suoh timber. (2) The Government may by suoh rules presoribe, aa penalties for the infringement thereof, imprisonmenb for a term whioh may extend to six months, or fine whioh may extend to five hundred rupees, or bobh.] l[CE€APTER VI-B. ROYALTIES ~oyalties. rW)-G. 1) Trees of the following~~speoies, bhsb is b my, teak, , blaokwood, ebonyLand sandalwood pnd also ivory' -snd teeth of elephants, whether grown or found on Government land or private property, are roydties and no trade shall beiomied on in them unless they have been duly obtained from ths Government. Thie Chapter was inserted by eeotion 4 of the Tamil Nsdu F0re.t (Amendment) Aoi, 1966 ( T e d Nodv AeC 40 lefitlQb6). 1882 : T.N. Act' VJ (2) The trees mentioned in sub-seotion (1) ;;hall not be felled by any person without the written permission of the Chief Conservator of Porests or suoh other offioer as may be authorised by him in writing, but the owner of any property on whioh a teak, blabkwood, ebony or sandalwood tree is standing may after obtaining the written permission of the Chief Conservator of Forests or other officer authorised by him as aforesaid, and on suoh terms as the Govern ment may determine, fell any suoh tree for his private use, and when any suoh tree is removed from suoh . property on aooount of the Government, the owner shall be entitled to a ~Iyment (hereinafter referred to in this Chapter as kudivils) at rates whioh the Government may from time to time determine. Exception.-This seotion shall not apply to trees in places where royalty in trees has been abolished by Proolamations (Travanoore), dated the 1 lth January 1936 and the 25th August 1941. 40-H. When it is proposed to out and remove any Notice of royalty trees from private lands by Government propod to out and agenoy, notice in the presoribed form shall be given remove to the registered holder of the land from whioh the royalty trees are proposed to be out and removed. Suchtme" notioe may be sent by registered post to the registered holder of the land and shall also be posted in the village and taluk offioes. 40-1. Before any suoh trees are removed, a joint Joint mahazar shall be prepared in the presoribed form 2% by a Forest-offioer not below the rank of a Forester in.oonjunotion with the looal village offioer and whenever before possible in the presence of the registered holder of the removal of land or his authorised agent who shall also attest the the tree#. mahazar. Notice as to when the trees are proposed to be removed and when the joint mahazar is proposed to be prepared shall be given to the registered holder 3f the land. Suoh notioe may be sent by registercd post. 40-5. After the preparation of the joint mahazar Notiae referred to in section 40-1, another notioe in the p& $:ffor cribed form shalI be published by posting in the village kdivi la . Forest [I882 : T.N. Act V bsuirs by F O W ~ - O ~ O W into oleime for kudivila. Award to be mede rfter. mw4"=4' and tduk offioes and on some oonspiouous part of the lmd from whioh the trees are out, oalling upon all olaimants to prefer their claims to W i v i b within ninety days from the date of publioation of such notiw to the Porest-officer empowered for the p v ~ o s e and to produoe all doouments and other eviden3, in supportr of their claims. 40-K. (1) When a ol~im has been preferred as required by section 40-J, the Forest-offiaer empowered in that behalf shall inquire into such olaim, recording all statements and the evidence in the manner pres &bed by the Code of',qd Procedure, 1908 in &ntra, appealable cases. Aot v of 1908. (2) When no such claim has been preferred as required in section 40-J, the inquiry shall be oonduoted ex pcarte. (3) For the purpose of suoh inquiry., the Forest officer aforesaid may exercise-all the powers of a Civil Court in the trial of suits. 40-L.(l) On the oompletion of the inquiry by the Forest-officer under seotion 40-K, he shall make an award under his hand of (a) the WiviZcb whioh in his opinion shall be allowed, and (b) the apportionment of the kudiuilcx so allowed among all the persons interested in the land of whose olaims there is evidence whether they have appeared before him or not. (2) The award shall be filed in the office of the Forest-officer and shall be final except as hereinafter provided. Notioe of the award shall forthwith be given to all the parties who are interested. 40-M. (1) Any party to the inquiry who is aggrieved by the award may, by written application to the Forest-officer making such award, require that the matter be refemed to the Distriot Court, within whose jurisdiation the land is situate, whether his 1882 : T.N. Aet Vj objection be to the amount of the WiviZa, the person to whom it is payable, or the apportionment of the j Mivila, and the Forest-officer shall refer the appli- oation to the Distriot Court within skty days of the &te of the application. (2) The application shall state the grounds on whi3h objection to the award is taken and shall be made within sixty days of the date of the receipt of the nobioe of the award. (3) If on account of the complicated nature of the claim or for other reason, the Forest-officer is of opinion that a referenoe hes to be made to the District Court he may himself refer the matter to be deoided by the Distriot Court within whose juris diotion the land is situate. 40-N. (1) In making the reference, the Forest-offioer Forest shall state, for the information of the District Court, ;Eggnb in writing under 'his hand- to court. (a) the extent and situation of the land, with partioulars of the trees out and removed ; (b) the names of the persons whom he has reason to think are interested in such land ; (c) the amount of kudivib ; and (a) if the objeotion be as to the amount of kdivike, the grounds on whioh it was determined. (2) To the said statement shall be attached a schedule giving the particulars of the notice served upon, and of the statements in writing made or delivered by, the parties interested and the evidence a d d u d by them. 40-0. The District Court shall thereupon muse Service of a notice specifying the day on which the Court shall proceed to determine the objection and directing their eppearanoe before the Court on that day, to be served on tho:following, namely: (a) the applicant, (b) all persons interested in the inquiry, and (c) the^ Cove-6. Porest . [I888 : T.N. Act V soopo of the inquiry. Form of award by Court. Tendering payment. Forest-ofBoer to o m y out the Court's awards aa hk own. Rulee to be made by Government. 40-P. The scope of the inquiry in every suoh pro oeeding shall be restrioted to a oonsideration of the interests of the persons affeoted and every suoh pro oeeding shall be taken in open Courb. 40-9. Every award made by the Courb shall be in writing, signed by the Judge, and shall specify the amount of the kudivila awarded and the respedive persons to whom it shall be payable. Against the award made by the Distriot Court, an appeal shall lie to the High Court. 40-R. On making an award under soction 40-La the Forest-offioer shall tender payment of the kudivila awarded by him to the persons entitled thereto aooording to the award, and shall pay it to them, unless they refuse to reoeive it, or there is any dispute as to the title to reoeive the kudivilca or as to the apportionment thereof. 40-5. If the award made by the Forest-officer is reversed or modified either by the District Court or by the High Court, the Forest-officer shau prooeed to deal with it in like manner as if it had been in the f i s t instance made by himself. 40-T. No olaims to lcudivika preferred after three years from the date of publication of the notice mentioned in seotion 40-J shall be admitted by the Forest-officer nor shall any suoh olaims be entertained in a oourt of law exoept for references under section 40-M. 40-U. The Government may make rules for regulating or prohibiting the felling, lopping, cutting, maiming, or otherwise maltreating of any tree which is a royalty or any other tree standing on land temporarily or permanently assigned, the right of the Government over which has3 been expressly reserved in the deed of grant or wignuent of suoh h d . 1882 : T.N. Act V] Pores t 40-V. (1) Whoever (a) fells, girdles, lops, marks, mutilates, or otherwise damages m y tree which is a royalty, in oontravention of the ruler made by the Government, or (b) fells such trees in plaoes other than those for whioh he has obtained permission from a Forest offioer or in quantities larger than, or different in kind from, those so permitted, or (G) is found in possession of such trees, or of any forest-produce which is a royalty without having honestly obtained it, shall, on conviction by a Magistrate, be liable to imprisonment whioh may extend to six months, or to h e which may extend to five hundred rupees, or to both. (2) In came where the offence is committed efier sunset and before sunrise, or after making preparation for resistance to the execution ofany law or any legal process, or where the offender has been previously convicted of a like offence, the convicting Magistrate may inflict double the penalty prescribed for such offence. 40-W. The provisions of this Chapter shall be in addition to, and not in derogation of, the other provi sions of this Act.] CHAPTER VII. 41. When there is reason to believe that a forest offence has been committed in respect of any timber or forest-produce, such timber or produce, together with all tools, ropes, chains, boats, l[vehicle~~] and cattle used in committing any such offence, may be seized by any Forest-officer or Polioe-officer. 1 This word was substituted for the word " carts " by motion ,J f the Madras Forest (Amendment) Act, 1936 (Madras Act VIII of 1936.) Punishment for felling, eto., trees whioh 8n royaltiee. other. provlslons not affected. Seizure of E%E?09 oonfiscatf 268 Forest 11882: T.N. Act V Report to Magistrate. Prooedure thereupon. Timber, fowst produoe, tools, eta., when liable to oonfisoation. Disposal, on oonolwion of trial for forest offenoe, of produoe in respeot of whioh it was oommitted. 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 soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the sei~ure has been made : Provided that, when the timber or forest-produce with respecb to whioh such offence is believed to have been committed is the property of l[the Central or State Government] and the offender is unknown, i t shall be sufficient if the officer makes, 8s soon as may be, a report of the circumstances to his official superior. 42. Upon the receipt of any such report the Magis trate shall take suoh measures as may be necessary for the trial of the aocused and the disposal of the property according to law. 45. When any person is convicted of a forest offence, all timber or forest-produce in respect of whioh such offence has been committed, and ell Oools, ropes, ohains, boats, ~[vehicles] and cattle used in committing such offenoe, s[shall be oonfiscated to the Gavernment.] 44. When tihe trial of any forest-offenoe is concluded, any timber or forest-produce in respect of which such offence has been committed shall, if it is the property of l[the CenOral or State Government] or has been 1 The words "the Crown" was substituted for the word " Government " by the Adaptation Order of 1937 and the words " Central or State Government " were substituted for "Crown " by the Adaptation (Amendment) Order of 1960. This word was substituted for the word " csrts " by section 5 of the Madras Forest (Amendment) Aot, 1936 (Madras Aot VII of 1936). a These words were substituted for the worda " shall be liable. by order of the oonvioting Magistrate, to oon6soation " by aeotion 7 of the Tamil Nadu Forest (Amendment) Aot, 1961 (Tamil Nadu Aot 36 of 1961). 4 The words "Suoh oonfisoation may be in addition to any other punishment presoribed for suoh offenoe " were omitted by ibid. 1882 : T.N. Aot VJ Pwest 26 o \ confiscated, be taken possession of by or under the authority of the District-forost-officer ; and in any other case may be disposed of in such manner as the Court may order. 445. When the offender is not known or cannot be ~ ~ ~ d u * found, the Magistrate, if he is of opinion that an offender ie offen~e has been'committed, may, on application in not known this behalf, order the property in respect of which or csnnot be found. the offence has been committed to be codscated and taken possession of by or under the authority of the District-forest-officer, or to be made over to any person whom the Magistrate considers to be entitled to the same : Provided that no such order shall be made until the expiration of one month fiom the date of seizing such property, or without hearing the person (if any) claiming any right thereto, and the evidence (if any) which he may produce in support of his claim. The Magistrate shall cause a notice of any application under this section to be served upon any person whom he has reason to believe is interested in the property seized, or shall publish such notice in any way which he thinks fit. 1[46. (1) Notwithstanding anything hereinbefore P m ~ e d m in regard to contained- perishable (a) the Magistrate may direct the sale of any g~~,"d*&~~~ property seized under seotion 41 which is subject ,,tio, 41, to speedy and natural decay; and (b) if, in the opinion of the officer seizing such property, it is not possible to obtain the orders of the Magistrite under clause (a) in time, such officer may sell the property himself, remit the sale-proceeds into the nearest Government treaeury, and make a report of such seizure, sale and remittance to the Magistrate and thereupon the Magistrate shall take such measures as may be necessary for the trial of the accused. 1 This seotion wss ~ubetituted for the original s. 46 by a. 6 of the Madras Forant (Amendment) Aot, 1936 (lUadr~ Aot VEI of 1986). Appeal Grom orders under reotion 43, 44 or-46. Property when to veab in the Stab. 8aving;of power $0 releaae Property r e W Penalty fo. oounterfeit ing or . defming . masks on bwes end timber, and for alteriq boundarp mka. Poreef [I882 : T.N. Aet V (2) The Magistrate may deal with the procee* of the sale of any property held under ohuse (a) or clause (b) of sub-section (1) in the same manner, as he might have dealt with the property if it had not been sold.] 47. Any person claiming to be interested in property seized under section 41 may, within one month from the date of any order passed under seotion 43, 44 or 45, present an appeal therefrom which may be dis posed of in the manner provided by section 419, Code of Criminal Procedure l. 48. When an order for the confiscation of any property has been passed under section 43 or 46, and the period limited by section 47 for presenting an appeal from such order has elapsed, and no suoh appeal has been presented, or when on such an appeal being presented the Appellate Court confirma such order in respect of the whole or a portion of suoh property, such property or portion, as the case may be, shall vest in the 2[State] free from all incumbrancee. 49. Nothing hereinbefore contained shall be deemed 80 prevent the District-forest-officer from directing at any time the immediate release of any property seized under section 41 and the withdrawal of any charge made in respeot of such property. 50. Whoever, with intent to cause damage or injury to the public or to any person, or to causa. Cbnbr,,l wrongful gain as defined in the Indian Penal Code- A O ~ XL - 01 iaeo. (a) knowingly counterfeits upon any timber or stsnding tree a mark used by Forest-officers to indicate bhat such timber or tree is the property of the 8[Central or State Government] or of eome person, or that it may lawfully be out or removed by some person ; or 1 See now Central Aot 2 of 1974,8.464. This word was substituted by the Adaptation (Amendment) Order of 1950 for the words " Crown for the purpose8 of the Provinoe" .e substituted for the word "Government " by the Adaptation . Order of 1937. a The word "Crown " wae substituted for the word " bvern. men6 '' by the Adeptation Order of 1937 end tho worde " Centrd or State Government" were oubotituted for 6 * C r ~ a n " by #e Adeptation (Amendmen)) Ordw of 1060. Forest (b) unlawfully afl6xes to any timber or standing 1 tree a mark used by Forest-officers ; or (c) alters, defaces or obliterates any such mark placed on any timber or standing tree by or under the authority of a Forest-offioer ; or I (a) alters, moves, destroys or defaces any boundary-mark of any forest or any land to which any provisions of this Act apply ; shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. 61. Any Forest-officer or Police-officer may, without Power bo orders from a Magistrate and without a wtwrant, z{,"Uc arrest any person reasonably suspected of having W ( U T B ~ ~ . % 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 to believe to be false, or if there is reason to believe he will abscond. l[Any person arrested under this section shall be informed, as soon ~ t s may be, of the grounds for such arrest and shall be produced before the nearest Magis trate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate ; and no such person shall be detained in custody beyond the said period without the authority of e Magistrate .] 52. Any Forest-officer or Police-officer who vexa- Punishmen* for tiously and unneceswrily seizes any property on ~~~~~~r pretence of seizing property liable to confiscation arrmt. under this Act, or who vexatiously and unnecessarily arrests any porson, shall be punished with imprison ment for a term which may extend to six months, or with h e which may extend to five hundred rupees, or with both. 1 Thie paragraph was substituted for the origins1 'paragraph by the Adaptation (Amendment) Order of 1960. 272 Power to . prevent oommisaion of offen-. Operation of other laws not barred. Power to oornpound offenom. Presumption that timber or foreat produoe belongs to the Central or Stete aovemment. Cattle tree pssa Aot, 1871, to apply. Pwej.1 [I882 : T.N. Aot V 53. Every Forest-officer and Police-officer shall prevent, and may inteflere for the purpose of prevent ing, the commission of any forest-offence. M. Nothing in this Act shaU be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes a fowt-offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made there under i Provided that no person shall be punished twice for the same offence. 55. Any Forest-officer specially empowered in this behalf ma;y accept, from any person reasonably suspected of having committed any forest-offence other than an offence under section 50 or section 62, a sum of money by way of compensation for the offence which may have been committed, and, where any property has been seized as liable to ctonfisoation, may r e l w the same on payment of the value thereof as estimated by such officer. On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the accused person, if in custody, shall be discharged, the property aeized shall be released, and no further proceedings shall be taken against such person or property. 56. When, in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the '[Central or State Government], such produce shall be presumed to be the property of the l[Central or State Government] until the contrary is proved. CHAPTER VIII. 57. Cattle-trespassing in a reserved forest or on lands on which the grazing of cattle has been prohi bited by rules made under section 26, or which has 1 T e word " Crown " was substituted for the word #' -rn ment by the Adapt:$on Order of 1937 and the words " Central or State Government were substituted for Crown " by the Adaptation (Amendment) Order of 1980. i 1882: T.N. Act V] Poorest been closed under section 27, shall be deemed to be cattle doing damage to a public plantation within the meaning of the eleventh section of the Cattle central trespass Act, 1871, and may be seized and impounded Act I of as such by any Forest-officer or Police-officer. 18Y1. 58. The '[Government] may, by notification in Power to the e[Official Gazette], direct that, in lieu of thealterfinen fines fixed by the twelfth section of the Act last fixed by that aforesaid, there shall be levied, in all or any of the areas to which this Act applies, for each head of cattle impounded under section 67 of this Act, such fines as arthey think] fit, but not exceeding the following (that is to say) I Rs. A. r. For eaah elephant . . . . . . . . 10 0 0 For each buffallo or camel .. .. 2 0 0 For each horse, mare, gelding, pony, colt, 1 0 0 filly, mule, bull, bullock, cow, calf or heifer. For each aaa, pig, ram, ewe, shrep, lamb, 0 8 0 goat or kid. CHAPTER IX. 59. The l[Government] may invest any Forest- Government offioer by name, or as holding an office, with the may invest Forest following powers (that is to my) :- officers with certain (a) the powers of a settlement-officer under the powers, Madras Boundaries Act, No. XXVIII of 18604 ; 1 The words " Provincial Cloveyent " were substituted for the words " Governor in Council by the Adptation Order of 1937 end the word "Provincial" waa omitted by the Adaptation (Amendment) Order of 1950. "l'he~e words were substituted for the words "Port St. George Gazette by the Adaptation Order of 1937. a!J!hese words were substituted for the words "he think^" by &id. 4 Thi6 Act wae repealed by Madrm Act I V of 1897- See now the T d Nedu Survey and Boundaries Aot, 1923 (Tamil Nadu lSOt VIII of 1923). 274 Forest [I882 : T.N. Act V (b) the powers of a Civil Court to compel the attendance of witnesses and the production of docu ments ; (c) power to hold inquiries into forest-offences, and in the course of such inquiries to receive and record evidence, and to issue sertrch-warrants which may be executed in the manner provided by the Code of Criminal Procedure1 ; (d) power to accept compensation for forest offences under section 85 and may withdraw any powers so conferred. Any evidence recorded under clause (c) of this section shall be admissible in any subsequent trial before a Magistrate of the alleged offender : Provided that it has been taken in the presence of the accused person, and recorded in the manner provided by section 333, section 334 or section 335 of the Code of Criminal Procedure2. Porest offims 60. All B'orea6officers shall be deemed to be publio deemedpub- servants within the meaning of the Indian Penal Central lic servants. code. Act XLV of 1860. Indemnity 61. No suit or criminrtl prosecution ~hll lie for in good acts done against any public servant for anything done or faith. omittecl i n good faith undor this Act. CHAPTER X. M~SOELLANEOUS. Additional powers to 68. The 4[Government] may make rules consistent make rules. with this Ac+ 1 See now Centrsl Aot 2 of 1974. 'See now Central Act 2 of 1974, sections 274 to 277. a This section wm omitted by the Adaptstion Order of 1937. 4 The words " Provincial Cloverpent " were substituted for the words "Governor in Council by the Adaptation Order of 1937 and the word "Provinoid" ww omitted by the Adaptation (Amendment) Order of 1910. 1882 : T.N; Act VJ Forest ' I 1 276 (a) to declare by what Forest-officer or class of Forest-officers the powers or duties conferred or imposed by or under this Act on a Forest-officer shaIl be exercised or performed ; (b) to regulate the procedure of Forest-settlement officers ; (c) to regulate the rewards to be paid to officers and informers from the proceeds of fines and confisca tions under this Act, or from the public treasury ; (a) for the preservation, reproduction and disposal of trees and timber belonging to '[the Central or State Government], but grown on lands belonging to or in the occupation of private persons ; and (e) generally to carry out the provisions of this Act. 641. All rules made by the *[Government] under R U I ~ B when this Act shall be published in bhe 3[0%cial Gazette) i:O&V'law. and in the official Gazette of the districts affected thereby, and shall thereupon have the force of law. Such rules may be cancelled or varied by like notifi cation. All powers conferred by this Act on the Govern-Poweraof ment may be exercised from time to time as occasion Uovernment exercisable requires. from time to time. 4[M-A. Every rule made by the Gvernment Rules to be under this Act'shall, as soon as possible after it i s ~ ~ o e & ~ ~ ~ ~ u n made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both 'The words,, " the Crown" were substituted for the word " Uovernment by the Adaptation Order of 1937 and the war% " Central or state Qovenunent " were substituted for " &own by the Adaptation (Amendment) Order 03-1950. 1 The wq$s '' Provincial Government " were substituted for the words Governor in Counoil " by the Adaptation Order of 1937 and the word "Provincial" ww omitted by the Adaptation (Amendment) Order of 106q. a Them worda were subatltuted for the worde "Fwt St. U C O T ~ ~ Qazette" by the Adaptation Order of 1937. 4 Thia motion waa inearted by mctioh 8 of the Tamil Naclu F o m ~ t (Amendment) Aot, 1961 (Tamil Nadu Aot 36 of 1961). 126--19-18~ 276 Forest [I882 : T.N. Act V Houses agree in making any modification in any such rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only jn such modified form or be of no effect, as the case may be, so however, that any such modifiwtion or annulment shall be without prejudice to the validity of anything previously done under that rule.] Government may delegate powere. Recovery of ' money due to Uovern rnent. Lien on foreet produce for such money. Power to sell suoh produce. 65. It shall be lawful for the l[Government] to delegate any of the powers conferred by sections 19, 20, 22, 27, 58 and 62 to the Board of Revenue, or to such other controlling Revenue-authority as the Government may from time to time appoint. 66. All money, other than fines, payable to the Government under this Act, or any rules made there under, or on account of timber or foreat-produce or of expenses incurred in the execution of this Act in respect of timber or forest-produce =[or under any contract relating to timber or forest-produce, including any sum recoverable thereunder for the breach thereof or in consequence of its cancellation or under the terms of a notice relating to the salo of timber or forest-produce by auction or by invitation of tenders, issued by or under the authority of a District-forest officer] and all compensation awarded to Governrncnt under this Act, may, if not paid when due, be recovered, under the law for the time being in force, as if it were an arrear of land revenue. 67. When any such money is payable for, or in respect of any forest-produce, the amount thereof shall be deemed to be a 5rst charge on such produce ; and, if suoh amount be not paid when due, such produce may be taken possession of by or under the authority of thc District-forest-officer, and may be retained until such amount has been paid, or such Forest-officer may sell such produce by public auction, and the proceeds of the sale shall be applied first in discharging such amount. 1 The words "Provinoid Government " were substituted for the words "Governor in Counoil " by the Adaptation Order of 1937 and the word " Provinoisl " was omitted by the Adaptation (Amendment) Order of 1960, 2 These worda were inserted by section 2 of the Ma&es Forest (Amendment) Aot, 1933 (&circle Aot I of 1934). 1888 : T.10. Aet ql Forest 1884 : T.N. Act VI] Rivers Omervmy The aurplus (if any), if not olaimed within two monbhsfrom the date of the sale by the person entitled hhereto, shall be forfeited to Government. Land re- 88. Whenever it appears to the l[Covernment] quimd under that any land is required for any of the purposes of this A O ~ to this Aot, auoh land shall be deemed to be needed for er;ted Central a publio purpose within the meaning of the Landfor apublio x of Aoqubition A&, 1870, section 4=. purpose 18 70. under the NO. VI OF 18844. Land Aoqui CONSERVANOY . sition Aot. (Received the assent of the Governor on the 31st March 1884, and of the Clovernor-General on the 28th August 1884.) An Act.to provide for the Conservancy of Rivers in the S(State of Tamil Nadu). WHEREAS it is expedient to make provision for preamble. the conservanoy of rivers in the 'j[Sbte of Tamil Nadu] ; It is hereby enacted as follows : I. This Aot may be cited as the S(Tamil Nadu) short title. Rivers Conservancy Aot, 1884. 1 The words "Provinoial Go~ernment" were substituted for the words " Governor in Council by the Adaptation Order of I937 and the word "Provinoial" was omitted by the Adaptation(Amend ment) Order of 1960. SSee now the Land Acquisition Act, 1894 (Central Aot I of 1894). 8.6. 3 Them words were substituted for the word " Madras " by tho Tamil Nadu Adaptation of Laws Order, 1969, as amonded by tho Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1069, whioh oame into foroe on the 14th January 1969. 4For Statement of Objects and Remom, see Fort St. Qewge Gazette Supplement, dated the 8th July 1881, p. 4; for Report of the Seleot Committee, 8es i b g , dated the 4th Deoember 1883, p. 1; for Promdings in Counail, eee 8 0 , dated the 13th September 1881, p. 9; i b 0 , dated the 3rd July 1883, p. 26; and ibid, dated the 26th Maroh 1884. p. 1. This Aot was extended to the merged State of Pudukkottai by sectioii 3 of, and the Firat Sohedule to, the Tamil Nadu Merged States (LBWS) Aot, 1949 (Tamil Nadu Act XXXV of 1949). 6 This ex~msaion mas substituted for the expression " Madras Presidenoy by the Tamil Nadu Adaptation of Laws Order, 1870, which was deemed to have come into force on the 14th ls-8aary 1969. @ This expression was subutituted for tho e x p ~ ~ a s ~ o n "Preaidenoy of Madran" by ibid. '[TAMIL NADU] ACT No. VII OF 19192. (Xeccivcd ! / I P tr.$sent of' the Governor on the 27th Arigz,ist 19 19 (11 rd tlmt qf the Governor-General on the , 29th Ppl ' i jh l~ ' r I ~ L ~ , ; ..ssor! 01 the Governor Oiv~ernl wtrs first publislzccI in the Fort St. Gwrge Gaze; t. (!/'//re 21sl Octolwr 1919.) An Act to arnend the '(Tamil Nadu) Forest Act, 1882. I Pzeamble. WHEREAS Ille nppointm~nt of rr Chief Conservator of I Tamil I Forests for the (State of Tamil Nadu) has rendered Aad, i t expedient !o amend the '(Tamil Nadu) Forest Act, ~ o t I 1882 ; It is 11ereby enacted a! follows : 3 of 1182. Shert title. 1. This Aci may be called thc '[Tamil NildiJ Forest (An~endmc~u) Act ? 19 19. 2. Notwi 1;;slanding anything cgntained in the Delegation [Tamil Nadu] Forest Act, l882, the *[State Govern- 1tTamill of pomors under the ment-1 may dejegate to the Chief Conservator of E-$3 IITamil ~ ~ d ~ l ~ores t s , or t o such other officer or authority as the of 1882. Fore& A&, '[Slate Govel nment] may appoint d l or any of 1882. the powers which are conferred on, or may be delegated to, the Board of I2evenue or other controlling revcr~de authority by or under the said Act. - --.-- ---- ------- r Thesc words were substituted for the word " Madras " by the Talllil Nadtt Adaptation of Laws Order, 1969, as amended by the Tamil Nadir Adaptation of Laws (Sccond A mendment)~rder, 1969, which came in to forcq on the 14th January 1969. . ForS t~ t e th~en t oiObjectsand f < e a ~ o n ~ , ~ e e F ~ r t S t . GeorgeGwtte dated the 22r1u July 1919, p. 12.12. For Proceedings in Council, see tbi t l , p . 1257, This 4ct w;:s section 3 of, o nd t I States (Laws) Act This expresbi of Madras" by t which was deenle *The words " P words '' Governor tlae word "State " ' tion Order of 195 508 Forest (Amrndment) ti!&$ : T . N,\Adt, 40 l[TAMIL NADU] ACT No. 40 OF 19653 THE '[TAMIL NADU] FOREST (AMENDMENT) ACT, 1965. [Received the assent of the President on the 18th February 1966, first published in the Fort St. George Gazette I on the 2rtd March 1966 (Phalgunu 11, 1887).] An Act further to amend the 1[Tamil Nadu] Forest Act, 1882, and to extend that Act and certairt other Acts to the Kanyakumuri district and the Shencottah taluk of the Tirune h~eli district, BE it enacted by the Legislature of the 3[State of Tamil Nadu.] in the Sixteenth Year of the Republic of India as follows : short title and 1. (1) This Act may be called thel[Tamil Nadu] Forest commencern:nt. (Amendment) Act, 1965. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2-4. [The amendments made by these sections have already been incorporated in the principal Act, namely, Tamil Nadu Act V of 1.882.1 Extension of 5. (1) The 11Tamil Nadu] Forest Act, 1882 (1 Tamil 4pamilNadu Nadu] Act V of 1882), ns in force immediately &fore Act1 V of 1882 th, date of the commencement of this Act and as and certain other Acts to amended by this Act, the 1 Tamil Naduf Wild Elephants transferred Preservation AH, 1873 (I[ 4 amil Nadu] Act I of 1873), the territory, 1 [Tamil Nadu 1 Forest (Validation) Act, 1882 (Central repeals and A a XXI of 1882) and the Wild Birds and Animals savings. Protection Act, 1912 (Central Act VIII of 1912), as in force immediately before the date of the commencement of this Act (hereinafter in this section referred to as tbR said law) are hereby extended to, and shall b,- in force in, the tranferred territory. .- 1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969 9 For Statement of Objects and Reasons, see Fort D. George Gazette Extraordinary, dated the 3rd October 1961, Part IV Section 3, page 342. 8 This expression Was substirutedkor the expression State of Madras" by the Tamil Nadu Adaptation of Lsws Order, 1969, amended by the Tamil Nadu Adaptdtion of Laws (Second Amendment) Order, 1969, This expression was substituted for the expression "Madras Act" by paragraph 3(2) of the Tamil Nadu Adaptatiou of Lam Order, 1970. Forest ( A mendmen f ) Game and Fish Protection Act (Travancore 1089), the Travancore-Cochin Forest Act, wre-Cocihin Act 111 of 1952) and any other rce in the trans re the date of the com repealed cn the date of (2) of the Game and avancore Act XI1 of 10891, the st Act, 195 1 (Travancore-C'ochin other law corresponding to the ransferred territory immediately mencement of this Act shall not ation of any such Act or law or red thereunder ; or any right, privilege, obligation or lia bilif y acquired , r incurred under any such Act or law or nishment incurred in inst any such Act or sltall continue to nd until superseu~Z by under the said law. 510. Forest (Amendment) 11965 : T. N. Act 49 (5) For the purpose of facilitating the application of the said law in the transfernd ttrritcry, any court or other authority may construe such law with such alterations not affectingthe substance as may be neceasaryor proper to adapt it to the matter be f~re the court or other authority. (6) Any reference *in the said law to a law which is not in force in the transferred territory shall, in relation to that territory, be construed as a reference to the corres ponding law, if any, in force in tliat territory. (7) Any reference in any law which continues to be in force in the transferrtd territory after the date of the commencement of this Act, to any Act or law, repcpaled by sub-section (2) shall, in relalion to hat territory, be construed as a reference to tltc said law corresponding thereto. ( 8 ) (a) If a n y difficulty ariscs in g~vi~ lg effcct to the provisions of this Act or of the said lzw as extecded to the transferred territory by t h i ~ Act. the State Government, as occasion may require, may, by order, do anything which appears to them nr. a ssary for the purpose of removing the difficulty, (b) All orders made under clau.se (a) shall be publi shed in the Offisial Gazette and, unlc ss thc y are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (c) Every order made under clause (a) shall, as soon as possible, aftfr it is made, be placed on the table of both Houses of the Legislature, and if, before the expiry of the session in which it is so placed or the next session, both Houses agree in making any modification in any such order or both Hcuses agrfe that the order should not be made, the order s :~n l l ihereafler have eRect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done nnder that order. ,@ E , '-vation.-For the purpose of this section, the e;.,ression "transferred. territory" shall mcall the Kanya kumari distriot and the Shencottah taluk of the Tirunelveli district. 1628 Forest ( ~ m e h m t ) 1 pY79 : T. H. A& & TAMIL NADU ACT NO. 45 OF 1979.* THE TAMIL NADU FOREST (AMENDMENT) ACT, 1979. [Received the assent of the Presfdmt on the 5th September 1979, first published fn the Tamil Nadu Government Gazette Extraordinary on the 10th September 1979 (Avani 25, Chitharthi (2010-Tiruvalluvar Andu)).] An Act further to amend the Tamil Nadu Forest Aet, 1883, I BE it enacted by the Legislature'of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows : Short title and 1. (1) This Act may be called &e Tamil Nady Forert commenaement. (Amendment) Act, 1979. (2) It shall come into force at once. Amendment of 2. In section 2 of the Tamil Nadu Forest Act, 1882 section 2 (Tamil Nadu Act V of 1882) (hereinafter referred to as the principal Act), after the definition of "imprison Act ' Of 1882' ment " , the following definition shall be inserted, namely : '' " Scheduled timber" means any timber as specified in the Schedule." Amendment of 3. In section 21 of the principal Act, in the first para section 21, graph, for item (I), the following item and the proviso Nadu shall be substituted, namely : Aot V Of 1882. " (1) in any case where any of the acts aforesaid relates to any scheduled timber, with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees : Provided that,- 1 (a) for a k s t offence, the term of such imprisoa merit shall not be less than one year and such fine rhall not be less than three thousand rbpeefi t -* - - * For Statement of Objects and Reasons, see Tamil Nadm Government Gazette Extraordinary, dated the 27th Mareh 1979, Part 1~-Scstion 1, Page 90. I (b) for a second or subsequent offence, the term of ruch imprisonment shall not be less than two years and ruch h e shall not be less than five thousand rupees.". 4. In section 26 of the principal Act, the second para- Amendment of praph including the marginal heading but excluding the y;2$n$2du proviso thereto shall be omitted. Act V of 1882. 5. In Chapter 111 of the principal Act, after section 28, Insertion of the following section shall be inserted, namely :- new section 28-A in Tamil Nadr: Act Y o f " 28-A. Penalties for breach of rules made under 1882. sectdon 26.-Whoever infringes any rules made under section 26 shall be punished, (1) in any case where such infringement relates to any scheduled timber, with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees t Provided that, (a) for a first offence, the term of such imprison ment shall not be less than one year and such fine shall not be less than three thousand rupees ; (b) for a second or subsequent offence, the term of such imprisonment shall not be less than two yearr and such fine shall not be less than five thousand rupees. (2) in any other case, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both, ". 6. In section 35 of the principal Act, in clause (I), Amendment of for the words " all classes of sandalwood ", the words section 35, " any scheduled timber" shall be substituted. Tam11 Nada Act V of 1882. 7. After section 35-A of the principal Act, the following Insertion of M i o n shall be inserted, namely :- new section 35-B in Tamil Nada " 35-B. Penalties for Breach of rules made under Aot Vof 1881, ~ c t i o n 35 in respect of scheduled timber.-Whoever infringes any rules, in relation to any scheduled timber, made under section 35 [not being a rule made under clause (a) of that section] shall be punished with imprison merit for a term which may extend to three years and with may extend to ten thousand rupees : 1030 Forest (Amendment) , [I979 : T.N. Act 45 Provided that,- 1 (a) for a first offence, the term of such imprison ment shall not be less than one year and such fine shall not be less than three thousand rupees ; Amendment of 8. In section 36 of the principal Act, the second para seation 36, graph shall be omitted. Tamil Nadu Act V of 1882. Amendment of 9. In section 36-E of the princi a1 Act, for the words section 36-E, " with imprisonment for a term which may extend to one Tamil Xadu year and with fine which may extend to ten thousand Act V of 1882. M, the following shall be substituted, namely : '6 with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees : Provided that,- I (a) for a first offence, the term of such imprison ment shall not be less than one year and such fine shall not be less than three thousand rupees ; (b) for a second or subsequent offence, the term of such imprisonment shall not be less than two years and such fine shall not be less than five thousand rupees. ". l A~~~~~~~ of 10. Section 42 of the principal Act shall be renumbered section 42, as sub-section (1) of that section and after sub-section (1) Tamil Nadu as so renumbered, the following sub-section shall be Act V of added, namely : I "(2) Notwithstanding anything contained id sub section (I), the District Forest Officer or any other o&er authorised by the Government in that behalf, shall detain, any scheduled timber in respect of which an offence has been committed under this Act, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence till the case is disposed of by the Magistrate and notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no interim order regarding the disposal of such scheduled timber, tools, ropes, chams, boats, vehicles and cattle shall be passed by the Magistrate till the case is disposed of. ".' (b) for a second or subsequent offence, the term of such imprisonment shall not be less than two years and such fine shall not be less than five thousand rupees. ". 1 1979 : T.N. Act 451 Forest (Amendment) 1031 11. (1) The first and second paragraphs of section 55 Amendment of of the principal Act shall be renumbered as sub-sections s ye^^^^^^^ (1) and (2) respectively of that section; Act V of 1882 (2) in sub-section (1) as so renumbered, the expression " or section 52 '"hall be omitted ; (3) after sub-section (2) as so renumbered, the following sub-section shall be added, namely : " (3) Nothing contained in sub-sections (I) and (2) shall apply to any offence in respect of any scheduled 12. In Chapter VII of the principal Act, after section Insertion-of 56, the following sections shall be inserted, namely :- Sections 56-A, 56-B, '6 56-A. Punishment for habitual ofSence.-In respect 56-C: 56-D and of any offence relating to any scheduled timber, any ~ ' f ~ ~ ~ ~ ~ ~ f person whal is found by the Magistrate to be the habitual 1882. offender, such person shall be punished with imprisonment for a term which may extend to five years but which shall not b~: less than two years and with fine which may extend to ten thousand rupees but which shall not be less than three thousand rupees. Exp1mation.-For the purpose of this section, " habitual offender " means a person, who before or after the date of publication of the Tamil Nadu Forest (Amendment) Act, 1979 in the Tamil Nadu Government Gazette has been sentenced to a substantive term of imprisonment (such sentence not having been set aside in appeal or revision) for not less than three occasions for any oJYence relating to any scheduled timber, each of the subnequent sentence hav~ng been passed in respect of such offence relisting to any scheduled timber committ ed after the passinl: of the sentence on the previous occasions. 56-B. Certain ofences to be non-bailable.-The offence in respect of any scheduled timber shall be non bailable and the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) with respect to aon-bailable offences shall apply to those offences. 56-C. Offences under the Act to be cognizable. Notwithstanding anything contained in the Code ot Criminal Procedure, 1973 (Central Act 2 of 1974) any offence in respect of any scheduled timber shall be deemed to be a cognizable offence within the meaning of I I 1032 Forest (Ammdmct!t) [I979 ; T.N. Act 45 56-D. Presumption as to commission of ofence in respect of scheduled timber.-Whenever any person is accused of any offence under this Act in respect of any scheduled timber, it shall be presumed until the contrary is proved that such person has committed such offence. 56-E. Power to amend Schedule.-(1) The Govern ment may, by notification, add any timber to or omit any timber from, the Schedule. 1 (2) AN references made in \his Act to the Schedule shall be construed as references to the said Schedule as for the time being amended in exercise of the powers conferred by this section. ". 1 Addition of Schedule to 13. After section 68 of the principal Act, the following Tamil Nadu Schedule shall be added, namely :-a Act V of 188.2 .j I I (See3ection 2 and sectionl56-E.) Scheduled timber. (1) Blackwood ; 3) Red sanders ; (3) Rosewood ; (4) Sandalwood ; (5) Silver oak ; and (6) Teakwood '' TAMIL IVADU ACT NO.. 4$ OF .1981,* : ."'I . + , THE TAMIL NADU FOREST AMENDMBNT3* A , , I , 198 , > , . t a * .. . t r [&wived the ase& of Lhe Psedent first published in the Tamil Nadu Extraordiwy an the 13th J'l# 198 1 2012-Th-irudlu~ W U ~ ] 188Z BE it enacted by the Legislature of the State o Nadu in tho Thirty~mnd Year of tho Republic o a8 f0Uows :- ? short title a d 1. (I) his Act may be called the Tamil Nadu l?orkst iommeaceanenb (Amendment) k t , 1981. & ' ? (2) It shall come into form at o w . . . Addition of new section tr 2. After section 68 of the Tam1 Nadu. Fa&.$&, T&I Nado 1882 (Tamil Nadu Act V of 1882), the following section Act V of 188% shall be added, namely : "68-A. Liability of person unauthorisedly occupying any land in reserved forest, etc., to summary eviction. b y person unauthorisedly oc:upying any land in reserved forest or any land at the disposal of Government may be summarily evicted by an officer of Forest Department not below the rank of Forest Ranger at an officer of the Revenue Department not below the rank of Tahsildar, having jurisdiction over the area in *which such land i s situated, in such manner as may be lorescnbed and any crop or other produce raised on such {and, shall be liable to forfeiture and any building or other construcbon erected or anything deposited thereon, shall also b liable to forfeiture. Forfeiture ut&i &is Gectlcn, shall be adjud ged by the officer referred to above and any Broperty so forfeited, shE 11 be disposed of in such manner as may be prescribed : Provided that no eviction or adjudication under this section adversely affecting a person shall be made or adjudged, unless (a) such person has been given a notice ia such manner as m y be prescrtbed ; and (b) the representation, if any, received in pursustla of such notice has been duly considered by such o h C concerned." .-- *For Statement of Objects and Reasons, see T& N& tamed Gazenr Extraordinary, dated the Ah April 1981, &a &ion 1,pa~s 51G531, , I ACT No. 44 OF 1992. (2) It shall come into force on-such date as the State Governm::nt may, by - , notification, appoint. . (ii) in clause (b), for the expressioi; s "two years" and "five thousand mpeeq", the expressions "three years" and "fifteen thousand rupees" shall, respec tively, be substituted. 3. ~rnendmint of section 28-A, Tirnil Nadu Fc vest . Act, 1882.-In section 28-A of the principal Act, in clause (I), (1) for the expressions "three years" and *'ten thougai~d rupees", the expres sions "five years" :.nd "twenty thousand rupees" shall, respectively. be substituted ; \L) in the proviso, (i) in clause (a), fix the expressions "one year" and "three thousand rupees", the-expressions "two years" and "seven thousand and h e hu~tdred rupees" shall, respectively, be substituted ; 4. Ame,dmmt of section %B, Tam4 Nodu Fororest Act, 1882.--In section ' 36-B' of $he plincipal Act, (1) for the expllessionq " three years " and " ten thousand. rupees" ';he expreesl'oas " five yeam" and " twenty thousand rupees'' shall), rcsp+tfvc;ly, be aubstitutd ; (2) in %he pIpvisp, ( i ) in clause (p), for the e x p d o m "one y e " and " 21kroe thoumnd rupees ", the exprersioha " two yearsn9 and "men thousand qnd. i rupees " shall, respectively, be sabstiNted. ' Group) IV-2 Ex. (529)-la 180 ‘ TAMIL NAbU GOVERNMENT GAZETTE BXT&QORDINABY 1 5. Amendment o/ section 36-8. Tamil Ndu Forest Act, 1882.411 acction 36-B of the principal Act, , (1) for the expressions "three years" and "ten thousand rupees", tho B X P ~ ~ S S ~ O ~ S "five years" and "twenty thousand rupees'' shall, respectively , be subslituted ; (2) in the provi:.o, (i) in clause (a). for the exprersions "one y'ssr" and "three thousand rupws". the isxpressions "two years" and "seven thousand and five hundred rupees" shaU, respectively, be substituted ; (ii) in clause (b), for the expressions "two years" and "five thousand rupees", the expressions "three years ' and "fifteen tlwusaud rupees'' shall, respec tively, be substituted. 6. Anenhzent of sectiolt 41, principal Act.-(a) the first paragrirph :hall be numbered as sub-section (1) of that section and after sub-section (1) as so numbered, the following sub-section shall be'inserted, namely : ('(2) Any Forest officer gr PdLice officcr way, if lie Bas reason to believe that a vehicle has been, or is being used for the transport of any scbedulod timber in respect of which thsre is rcasou to believe that a forest offence has been or is being ammitted, require the driver or other person in-charge of such vehicle to stop the vehicle and =use it remain stationery as long as may reasonably be necessary For examination of the contents in the vehicle and inspection of all records relating to the scheduled timber and in possession of such driver or other person in-charge of the vehicle or any othzr person in the vehicle."; (b) the heading of the second paragraph shall be omitted; (c) the second paragraph including the proviso thereto shall be nulllbered as sub-section (3) of that section and in sub-section (3) as so numbered, for the words "make a report of such seizure to the Magistrate having jurisdiction to try thv offsnce on account of which the seizure has been made", the following shall be substituted, naniely : "make a report of such seizure, ( a ) where the oftmcej on account of which the rjeizurc 1 1 ~ bbezrr made id in respect of the mhed'uled timber which ie tha property ot' $ho ,Govern . mcnt or in respect: of which the Government have my inerest, to the concerned authorised officer under section' 49-A' ; and . I I ( 6 ) in other cases, to the Magiqate having jurisdiction to try the offence on account of whicli the seizure has been m.a2ie. ". 7. Anwndnzent of section 42.-In wction 42 of the principal Ad, sub-see . tion (2) shall be omitted. . \ < 8. Amendnunt of se~tion 43.-In section 43 of the principal Act, Dr the cxpPegaon ('shall be confhwted", the exprmion " qhall, mbjwt to sedtion , . , . 49-6 be confiscated '' shall be 8ubstituted. . \ 7 , , 4 9. Amendment of section &-A section 44 of the principal Act, forsthe exypession " in any other cast may he dierosed3',-tk expression (' io any * . ' other c+m may, wbject to. section 490, be dispoqd " W ba substituted. , : . i , . ~dLtian 85; of the principal Act, for the been co&ittecZ '?, b ekptwnion (' thab an I tb @oq 49-(31" ah& be subs8iiuted. . t - ---- - - 2% FiC) r--- - - 1- - - - . . I ---- ii TAMIL NADU GOVEWMENT GAZETTE BX'l'&ZORDENAR'Y ' 1 t+l s - * .t 11. A?,be?rclflzent of section 49.-In sectidn 49, of the principal Act, for the espr~~s-ssiun " District; Fore?t Officer ", the expression " Distrid Forest Officer, I subject to section 49.4- " &all be substitukd. 12. Insertiom of new sections 49-A, 49-B, 49-C, 49-D, 49-E, 45-17 a~cZ 4s-G.-In the principal Act, after section 49, the following sections shall !,e inserted, namely : P ("149-A)., Confiootion by Forest Ofiers in oertoil~ cGMS,-(I), Not- , . + svithst$ding anflhing contained in the foregoing p~ovi$ionu of thiq ~ h 6 l t e r or . id any other latv foq the time being in force, wherc a, forest offence is leliev6,d . to have been committed in respect of any scheduled Oimber whihh is the pro perty of the Government, the office4 rlizing the property undez sub-hechion (1). ' of seetion 41 sjzall, without any uqeasionable delay, produce it bogether with all tools, r o w , chains, boats, vehicles @d cattle used in committing ,such ' ' offence,*before an officer no$ below'the rank of an Assistant conservator of Fore,$% autboriscd b~+, the Goveqnment 'in this behalf, by notification, in' th.i '; ' ( ' ,Tamit Nadu Qovernment Gazette' (hereinsfter referred to as. the authorkd . ( " officer). (2) TVIwre the autho@ed o h r h&self seizes under mbacction (lv -; ' " . ' of section 41, any scheduled timber which is the property of the Qovernmf:n-b - . or where any such proper@ is produced beforer the authoriqed o f f i ~ r under sub-section (1) and he is rsatisfied %hat a forest offence has heen conimnit6ea in , , ? , I * res$cct o.6 such property, such authorised odlceq may, whether or.not'at PO* , ntion is instituted for the cmnmidoa. of such foreat. offence, ordm conflsca- ' , ; . , ~$5- ,t: tion of the property s- s~ized togethor with a l I tooh, ropes, chainq bo,a*, w . :+ , vehicle8 and cattle used in committing rquch offence. L . , (3) (a) There t& authorlskd officer after .passing an order, or codis cation under sub-section (2) is of the opinion that it is) expedient in the publia inteyest so to do, he may order $he conflacated property or any p,art thereof l o .. . be sold by public auction. / b ) Where any conhcated propert$ is sold as aforesaid, the proceed thereof after deduction of the q e m of dgy such auction op other inclden tal expasag relating thereto ehall, where the order of confiscation m8de unigr 1 . this section is set asidc or annulled by an order under $&on 49-C oq sedion 49-D, be paid to the owner thereof or to the person from whom it wah qei:~ed; us may be specified in such order. 49-B. Issue of show cawe norice before conficatton under seclfon 4%.-.6. (1) No order confiscating any scheduled timber, or tools, ropes, chains, boats, vehicles or cattle shall be made under section 49-A except after notice in writing to the person from whom it is seized informing him of th.: grounds on which it is proposed to con&,cate it and considering his objections if any r Provided that no'order confiscating a motor vehicle shall be made except after giving r - 0 t h in writing to the registered owner thereof, if, in the opinion of the authorised officer, it is practicable to do so and consider'ng his objection3,'ff . any. ( (2) Without prejudi4 to the provisions of sub-section (1). no order con fiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 49-A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorised.ofiicer that it was used in carrying scheduled timber without the, knowledge or connivance! of the owner himself, his agent, if any, ana . ' the person m charge of the tool, rope, chain, boat, vehicle or cattIe and that each 1 of them bad taken all reasonable and neceqsary precautions against such me. 182 FAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 4 9 4 . Revision.-Any Forest-officer not below tne rank ot Conservator ? of F~msts specially empowered by the Government in this behalf, by notification In tho Tumil Nudu Oovernm!nt Guzette may; of his own motion, call for and exa mine the records of the authorised officer in respect of any order under section 49-A, makc such inq~iry or cause such inquiry to be made and pass such orders as he deans fit : Provided that no revision proceeding shall be initiated by such officer undor this section against any order passed under section 49-A, if the time for appeal against that order has not expired : Provided further that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity 010 making hls representations. 49-D. ,4ppeaZ.+l) Any person aggrieved by any order passed under section 49-A or section 49-C may, within thirty days from t h date of communication to him of such Order, appeal to the Sessions Judge having juri:rdiction over the area lswluch the property, to which the order relates, has been seized and the Sessions Judge shall, after giving an oppoytunity of being head to the appellant and the autborised officer or the officer sp:cially em, ---'wed under section 49<, as the %se may be, pass such otder as he may think fit, con&minp, modifying or . L annulling the order appealed against. ' ' (2) An order of the Sessions Judge under sub-section (1) shall be ha1 ,and shall not be questioned in any court of law. ' . ' * . 49-E. Award o j coq&scat&t no bar lor &tion ofmy punMmtent.-The . , award of any aonfiscation under sectios 49-A or secti~n 49-C or.section 49-D shaH not prevent the infliction of. any punishment to which the person affected thd~sby is liable under this Act. . - . . T , < . -a<, , 49-F. Property coqjlscated to vest with ,Government.-When an order for I m:.&ation of any property has been passed uadn section 49-A*or section 49-C , . br section 49-D and such order has become final in respect of the whole .or any portiop of such property, such property or portion thereof, or if it has been so d under sub-section (3) of section 49-A, the sale proseeds thereof, as the case may be, sha!l vest in the Government free from all encumbrances. ' a 494. Bar of jurisdiction in certain cclses.-Whenever any scheduled timber bfsnging to the Government or any tool, rope, chain, boat, vehicle or ,qattle, used for mmmitting any 0ff:nce in respect of any scheduled timber, is seized under section (1) of '~eciion 41, notWith;tanding anything to the contrary wntai~ed in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force, I . (a) the authorised officer under section 49-A, or the Forest officer sped . emP3w~red under section 49-C, or t he Sessions Jrdge hearing an appeal under section 49-D, shall have, and (6) any other officcr, court, tribunal or authority shall not have, juris- diction to make orders with reg rd to the custody, pdssession, delivery, dispoml or distribution of such property.",) 13. Amendment to section 55.-In section 55 of the p<indpal Ad, ,., . . .I (a) in sub-section (I), after the espression 66sectioa SO'** the exgrerrsbn "Or aecrtion 52" sb l l be inserted > - - - - F TAMIL NADU TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Tamil Nadu Acts and Ordinances. The following Act of the Tamil Nadu Legislative Assembly received the assent ofthe President on the 26th August 2002 and is hereby published for general information: , ACT No. 33 OF 2002. An Act further to amend the Tamil Nadu Forest Act. 1882. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-ninth Year of the Republic of India as follows: 1. (1) This Act may be called the Tamil Nadu Forest (Amendment) Act, 1998. Short title and commence. (2) It shall come into force on such date as the State Government may, by ment. notification, appoint. 2. After section 36-E of the Tamil Nadu Forest Act, 1882, the following section shall insertion of new be inserted, namely:- section 36-F. '36-F. Rights and sale of sandalwood tree grown on private lands.--( 1) Every person who grows sandalwood tree on any patta land held by him as owner, tenant, lessee, mortgagee with possession or otherwise, shall be the owner of such sandalwood tree. (2) No sandalwood tree grownon any patta land shall be sold or otherwise alienated to any person other than the Government: Provided that nothing contained in this sub-section shall apply to the sale or alienation of any sandalwood tree at any auction held by the Government. (3) The Government may make rules for the purpose of, (a ) prescribing the form and the manner in which application for sale of sandalwood tree to t!ie Government shall be made; ( 6 ) verification of ownership of sandalwood tree on patta land; (c) extraction and processing of sandalwood tree grown on patta land; ( d ) fixation of price of sandalwood tree grown on p: tta land and payment to the owners of such sandalwood tree.". (By oruer oC ~ Z L Governor) A. KRISHNANKUTTY NAIK, Secretory to Government, Lrrw Department. 1211 I PRMW.D AND PUHLISHEI) BY THE DIRECTOR OF STAWNERY AND P m , C t I E N N A I ON BEI4ALF OF 'THE GOVERNMENT W TAMIL NADU