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THE
(Act XVI of 1927)
C
O N T E N T S
CHAPTER I
PRELIMINARY
Sections
1. Short title and extent.
2. Interpretation clause.
CHAPTER II
OF RESERVED FORESTS
3. Powers
to reserve forest.
4. Notification
by Provincial Government.
5. Bar
of accrual of forest-rights.
6. Proclamation
by
7. Inquiry by
8. Powers of
9. Extinction of rights.
10. Treatment of claims relating to practice of shifting
cultivation.
11. Power to acquire land over which right is claimed.
12. Order on claims to rights of pasture or to forest-produce.
13. Record to be made by Forest Settlement-officer.
14. Record where he admits claim.
15. Exercise of rights admitted.
16. Commutation of rights.
17. Appeal from order passed under section 11, section 12,
section 15 or section 16.
18. Appeal under section 17.
19. Pleaders.
20. Notification declaring forest reserved.
21. Publication of translation of such notification in
neighbourhood of forest.
22. Power to revise arrangement made under section 15 or section
18.
23. No right acquired over reserved forest, except as here
provided.
24. Rights not to be alienated without sanction.
25. Power to stop ways and watercourses in reserved forests.
26. Acts prohibited in such forests.
26-A. Removal of encroachments etc., from reserved forests.
27. Power to declare forest no longer reserved.
CHAPTER III
OF VILLAGE-FORESTS
28. Formation of village forests.
CHAPTER IV
OF PROTECTED FORESTS
29. Protected forests.
30. Power to issue notification reserving trees, etc.
31. Publication of
translation of such notification in neighborhood.
32. Power to make rules for protected forests.
33. Penalties for acts in contravention of notification under
section 30 or of rules under section 32.
33-A. Power of Court to convict trespasser.
34. Nothing in this Chapter to
prohibit acts done in certain cases.
CHAPTER V
OF
THE CONTROL OVER FORESTS AND LANDS
NOT
BEING THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.
36. Power to assume management of forests.
37. Expropriation of forests in certain cases.
38. Protection of forests at request of owners.
CHAPTER VI
OF THE DUTY ON
TIMBER AND
OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.
40. Limit not to apply to purchase-money or royalty.
CHAPTER VII
OF
THE CONTROL OF TIMBER AND
OTHER FOREST-PRODUCE IN
TRANSIT
41. Power to make rules to regulate, transit of forest-produce.
41-A. Powers of Federal Government as to movements of timber
across Customs frontiers.
42. Penalty for breach of rules made under section 41.
43. Government and Forest-officers not liable for damage to
forest-produce at depot.
44. All persons bound to aid in case of accident at depot.
CHAPTER VIII
OF THE COLLECTION OF DRIFT
AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government
until title thereto provided, and may be collected accordingly.
46. Notice to claimants of drift timber.
47. Procedure on claim preferred to such timber.
48. Disposal of unclaimed timber.
49. Government and its officers not liable for damage to such
timber.
50. Payments to be made by claimant before timber is delivered
to him.
51. Power to make rules and prescribe penalties.
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation.
53. Power to release property seized under section 52.
54. Procedure thereupon.
55. Forest produce, tools, etc., when liable to confiscation.
56. Disposal on conclusion of trial for forest-offence, of
produce in respect of which it was committed.
57. Procedure when offender not known, or cannot be found.
58. Procedure as to perishable
property seized under section 52.
59. Appeal from orders under section 55, section 56, or section
57.
60. Property when to vest in Government.
61. Saving of power to release property seized.
62. Punishment for wrongful seizure.
63. Penalty for counterfeiting or defacing marks on trees and
timber and for altering boundary marks.
64. Power to arrest without warrant.
65. Power to release on a bond a person arrested.
66. Power to prevent commission of offence.
67. Power to try offences summarily.
68. Power to compound offences.
69. Presumption that forest-produce belongs to Government.
CHAPTER X
CATTLE-TRESPASS
70. Cattle-Trespass Act, 1871, to apply.
71. Power to alter fines fixed under that Act.
CHAPTER XI
OF FOREST-OFFICERS
72. Provincial Government may invest Forest-officers with
certain powers.
73. Forest-officers deemed public servants.
74. Indemnity for acts done in good faith.
75. Forest-officers not to trade.
CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules.
77. Penalties for breach of rules.
78. Rules when to have force of law.
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers.
80. Management of forests the joint property of Government and
other persons.
81. Failure to perform service for which a share in produce of
Government forest is enjoyed.
82. Recovery of money due to Government.
83. Lien on forest-produce for such money.
84. Land required under this
Act to be deemed to be needed for a public purpose under the Land Acquisition
Act, 1894.
85. Recovery of penalties due under bond.
85-A. Saving for rights of Government.
86. Repeals.
THE SCHEDULE
[Repealed]
[1]THE
FOREST ACT, 1927
(Act XVI of 1927)
[21 September 1927]
An Act to consolidate the law relating to forests, the
transit of forest-produce and the duty leviable on timber and other forest-produce
WHEREAS it is expedient to consolidate the law relating to
forests, the transit of forest-produce and the duty leviable on timber
and
other forest-produce;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Short
title and extent.— (1) This Act
may be called the [2][* * *] Forest
Act, 1927.
[3][(2) It extends to the Punjab;]
(3) [4][ * * * ].
2. Interpretation clause.— In this Act, unless there is anything
repugnant in the subject or context,—
(1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;
(2) “Forest-officer”
means any person whom [5][* * *] the [6][Provincial
Government] or any officer empowered by [7][* * *] the [8][Provincial
Government] in this behalf, may appoint to carry out all or any of the purposes
of this Act or to do anything required
by this Act or any rule made thereunder
to be done by a Forest-officer;
(3) “forest-offence” means an offence punishable
under this Act or under any rule made thereunder;
(4) “forest-produce”
includes—
(a) the following whether found in, or brought from, a forest or not, that is to say:-
timber,
charcoal, caoutchouc, catechu, wood oil, resin, natural varnish, bark, lac,
mahua flowers, mahua seeds, [9][kuth] and
myrabolams, and
(b) the following when found in, or brought from a forest, that is to say:-
(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,
(ii) plants
not being trees (including grass, creepers, reeds and moss), and all parts or
produce of such plants,
(iii) wild
animals and skins, tusks, horns, bones, silk, cocoons, honey, and wax, and all
other parts of produce of animals, and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries);
[10][(4-A) “owner” includes a Court of Wards in respect
of property under the superintendence or charge of such court;]
(5) “river”
includes any stream, canal, creek or other channels, natural or artificial;
(6) “timber”
includes trees when they have fallen or have been felled, and all wood whether
cut up or fashioned or hollowed out for any
purpose or not ; and
(7) “tree”
includes palms, bamboos, stumps, brushwood and canes.
CHAPTER
II
OF
RESERVED FORESTS
3. Powers to reserve forest.— The [11][Provincial Government] may constitute any forest-land or waste-land
which is the property of Government, or over which the Government
has
proprietary rights, or to the whole or any part of the forest-produce of which
the Government is entitled, a reserved forest
in the manner hereinafter
provided.
4. Notification
by Provincial Government.— (1) Whenever
it has been decided to constitute any land a reserved forest, the [12][Provincial
Government] shall issue a notification in the [13][official
Gazette]—
(a) declaring that it has been decided to
constitute such land a reserved forest;
(b) specifying, as nearly
as possible, the situation and limits of such land; and
(c) appointing an officer (hereinafter called “the Forest Settlement-officer”) to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this Chapter.
Explanation— For the
purpose of clause (b), it shall be sufficient to describe the limits of the
forest by roads, rivers, bridges or other well-known
or readily intelligible
boundaries.
(2) The
officer appointed under clause (c) of sub-section (1) shall ordinarily be a
person not holding any forest-office except that of
Forest Settlement-officer.
(3) Nothing
in this section shall prevent the [14][Provincial
Government] from appointing any number of officers not exceeding three, not
more than one of whom shall be a person holding
any forest-office except as
aforesaid, to perform the duties of a Forest Settlement-officer under this Act.
5. Bar of accrual of forest-rights.— After the issue of a notification under
section 4, no right shall be acquired in or over the land comprised in such
notification,
except by succession or under a grant or contract in writing made
or entered into by or [15][on behalf of the Government] or some person in whom such right was vested
when the notification was issued; and no fresh clearings
for cultivation or for
any other purpose shall be made in such land except in accordance with such
rules as may be made by the [16][Provincial Government] in this behalf.
6. Proclamation
by Forest Settlement-officer.— When a
notification has been issued under section 4, the Forest Settlement-officer
shall publish in the local vernacular in every
town and village in the
neighbourhood of the land comprised therein, a proclamation—
(a) specifying, as nearly
as possible, the situation and limits of the proposed forest;
(b) explaining the
consequences which, as hereinafter provided, will ensue on the reservation of
such forest; and
(c) fixing a period of
not less than three months from the date of such proclamation, and requiring
every person claiming any right mentioned
in section 4 or section 5 within such
period either to present to the Forest Settlement-officer a written notice
specifying or to
appear before him and state, the nature of such right and the
amount and particulars of the compensation (if any) claimed in respect
thereof.
7. Inquiry
by Forest Settlement-officer.— The Forest
Settlement-officer shall take down in writing all statements made under section
6, and shall at some convenient place inquire
into all claims duly preferred
under that section, and the existence of any rights mentioned in section 4 or
section 5 and not claimed
under section 6 so far as the same may be
ascertainable from the records of Government and the evidence of any persons
likely to
be acquainted with the same.
8. Powers of
Forest Settlement-officer.— For the
purpose of such inquiry, the Forest Settlement-officer may exercise the
following powers, that is to say:-
(a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and
(b) the powers of a Civil
Court in the trial of suits.
9. Extinction
of rights.— Rights in respect of
which no claim has been preferred under section 6, and of the existence of
which no knowledge has been acquired
by inquiry under section 7, shall be
extinguished, unless, before the notification under section 20 is published,
the person claiming
them satisfies the Forest Settlement-officer that he had sufficient
cause for not preferring such claim within the period fixed under
section 6.
10. Treatment of claims relating to practice of
shifting cultivation.— (1) In the case of a claim relating to the
practice of shifting cultivation, the Forest Settlement-officer shall record a
statement
setting forth the particulars of the claim and of any local rule or
order under which the practice is allowed or regulated, and submit
the
statement to the [17][Provincial Government], together with his opinion as to whether the
practice should be permitted or prohibited wholly or in part.
(2) On
receipt of the statement and opinion, the [18][Provincial
Government] may make an order permitting or prohibiting the practice wholly or
in part.
(3) If
such practice is permitted wholly or in part, the Forest Settlement-officer may
arrange for its exercise—
(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of a suitable kind, and in a locality reasonably convenient for the purposes of the claimants, or
(b) by causing
certain portions of the land under settlement to be separately demarcated, and
giving permission to the claimants to practice
shifting cultivation therein
under such conditions as he may prescribe.
(4) All
arrangements made under sub-section (3) shall be subject to the previous
sanction of the [19][Provincial
Government].
(5) The
practice of shifting cultivation shall in all cases be deemed a privilege
subject to control, restriction and abolition by the
[20][Provincial
Government].
11. Power to acquire land over which right is claimed.— (1) In the case of a claim to a right in or
over any land other than a right-of-way or right of pasture, or a right to
forest-produce
or a water-course, the Forest Settlement-officer shall pass an order
admitting or rejecting the same in whole or in part.
(2) If
such claim is admitted in whole or in part, the Forest Settlement-officer shall
either—
(i) exclude such land from the limits of the proposed forest; or
(ii) come to an
agreement with the owner thereof for the surrender of his rights; or
(iii) proceed to
acquire such land in the manner provided by the Land Acquisition Act, 1894[21].
(3) For
the purpose of so acquiring such land—
(a) the forest Settlement-officer shall be deemed
to be a
[22][District Officer (Revenue)] proceeding
under the Land Acquisition Act, 1894;
(b) the claimant
shall be deemed to be a person interested and appearing before him in pursuance
of a notice given under section 9 of
that Act;
(c) the provisions
of the preceding sections of that Act shall be deemed to have been complied
with; and
(d) the [23][District Officer (Revenue)], with the consent of the claimant, or the
Court, with the consent of both parties, may award compensation
in land, or
partly in land and partly in money.
12. Order on claims to rights of pasture or to forest-produce.— In the case of a claim to rights of pasture or
to forest-produce, the Forest Settlement-officer shall pass an order admitting
or rejecting
the same in whole or in part.
13. Record to be made by Forest Settlement-officer.— The Forest Settlement-officer, when passing
any order under section 12, shall record, so far as may be practicable,—
(a) the name, father’s
name, caste, residence and occupation of the person claiming the right; and
(b) the
designation, position and area of all fields or groups of fields (if any), and
the designation and position of all buildings (if
any) in respect of which the
exercise of such rights is claimed.
14. Record where he admits claim.— If the Forest Settlement-officer
admits in whole or in part any claim under section 12, he shall also record the
extent to which the
claim is so admitted, specifying the number and description
of the cattle which the claimant is from time to time entitled to graze
in the forest,
the season during which such pasture is permitted, the quantity of timber and
other forest-produce which he is from
time to time authorised to take or
receive, and such other particulars as the case may require. He shall also
record whether the
timber or other forest-produce obtained by the exercise of
the rights claimed may be sold or bartered.
15. Exercise of rights admitted.— (1) After making such record the
Forest Settlement-officer shall, to the best of his ability, and having due
regard to the maintenance
of the reserved forest in respect of which the claim
is made, pass such orders as will ensure the continued exercise of the rights
so admitted.
(2) For
this purpose the Forest Settlement-officer may—
(a) set out some other forest-tract of sufficient
extent, and in a locality reasonably convenient, for the purposes of such
claimants,
and record an order conferring upon them a right of pasture or to
forest-produce (as the case may be) to the extent so admitted;
or
(b) so alter the
limits of the proposed forest as to exclude forest-land of sufficient extent,
and in a locality reasonably convenient,
for the purposes of the claimants; or
(c) record an
order, continuing to such claimants a right of pasture or to forest-produce, as
the case may be, to the extent so admitted,
at such seasons, within such
portions of the proposed forest, and under such rules, as may be made in this
behalf by the [24][Provincial
Government].
16. Commutation of rights.— In case the Forest
Settlement-officer finds it impossible, having due regard to the maintenance of
the reserved forest, to make such
settlement under section 15 as shall ensure
the continued exercise of the said rights to the extent so admitted, he shall,
subject
to such rules as the [25][Provincial Government] may make in this behalf, commute such rights, by
the payment to such persons of a sum of money in lieu thereof,
or by the grant
of land, or in such other manner as he thinks fit.
17. Appeal from order passed under section 11,
section 12, section 15 or section 16.— Any person who has made a claim under this
Act, or any Forest-officer or other person generally or specially empowered by
the [26][Provincial Government] in this behalf, may, within three months from
the date of the order passed on such claim by the Forest Settlement-officer
under section 11, section 12, section 15 or section 16, present an appeal from
such order to such officer of the Revenue Department,
of rank not lower than
that of a [27][District Officer (Revenue)], as the [28][Provincial Government] may, by notification in the [29][official Gazette], appoint to hear appeals from such orders:
Provided that the [30][Provincial
Government] may establish a Court (hereinafter called the Forest Court)
composed of three persons to be appointed by the
[31][Provincial Government],
and, when the Forest Court has been so established, all such appeals shall be
presented to it.
18. Appeal under section 17.— (1) Every appeal under section 17 shall be
made by petition in writing, and may be delivered to the Forest Settlement-officer,
who
shall forward it without delay to the authority competent to hear the same.
(2) If
the appeal be to an officer appointed under section 17, it shall be heard in
the manner prescribed for the time being for the hearing
of appeals in matters
relating to land revenue.
(3) If
the appeal be to the Forest Court, the Court shall fix a day and a convenient
place in the neighbourhood of the proposed forest
for hearing the appeal, and
shall give notice thereof to the parties, and shall hear such appeal accordingly.
(4) The
order passed on the appeal by such officer or Court, or by the majority of the
members of such Court, as the case may be, shall,
subject to revision by the [32][Provincial
Government], be final.
19. Pleaders.— The [33][Provincial Government], or any person who has made a claim under this
Act, may appoint any person to appear, plead and act on its
or his behalf
before the Forest Settlement-officer, or the appellate officer or Court, in the
course of any inquiry or appeal under
this Act.
20. Notification declaring forest reserved.— (1) When the following events have occurred,
namely:-
(a) the
period fixed under section 6 for preferring claims has elapsed, and all claims,
if any, made under that section or section 9 have
been disposed of by the Forest
Settlement-officer;
(b) if
any such claims have been made, the period limited by section 17 for appealing
from the orders passed on such claims has elapsed,
and all appeals (if any)
presented within such period have been disposed of by the appellate officer or
Court; and
(c) all lands (if any)
to be included in the proposed forest, which the Forest Settlement-officer has,
under section 11, elected to acquire
under the Land Acquisition Act, 1894[34], have become
vested in the Government under section 16 of that Act,
the [35][Provincial Government] shall publish a notification in the [36][official Gazette], specifying definitely, according to boundary-marks
erected or otherwise the limits of the forest which is to be
reserved, and
declaring the same to be reserved from a date fixed by the notification.
(2) From
the date so fixed such forest shall be deemed to be a reserved forest.
21. Publication of translation of such
notification in neighbourhood of forest.— The Forest-officer shall, before the date
fixed by such notification, cause a translation thereof into the local
vernacular to be
published in every town and village in the neighbourhood of
the forest.
22. Power to revise arrangement made under section 15 or section 18.— The [37][Provincial
Government] may, within five years from the publication of any notification
under section 20, revise any arrangement made
under section 15 or section 18,
and may for this purpose rescind or modify any order made under section 15 or
section 18, and direct
that any one of the proceedings specified in section 15
be taken in lieu of any other of such proceedings, or that the rights admitted
under section 12 be commuted under section 16.
23. No right acquired over reserved forest,
except as here provided.— No right of any description shall be acquired
in or over a reserved forest except by succession or under a grant or contract
in writing
made by or [38][on behalf of the Government] or some person in whom such right was
vested when the notification under section 20 was issued.
24. Rights not to be alienated without sanction.— (1) Notwithstanding anything contained in
section 23, no right continued under clause (c) of sub-section (2) of section
15 shall be
alienated by way of grant, sale, lease, mortgage or otherwise,
without the sanction of the [39][Provincial
Government]:
Provided that, when any such right is
appendant to any land or house, it may be sold or otherwise alienated with such
land or house.
(2) No
timber of other forest-produce obtained in exercise of any such right shall be
sold or bartered except to such extent as may have
been admitted in the order
recorded under section 14.
25. Power to stop ways and watercourses in
reserved forests.— The Forest-officer may, with the previous
sanction of the [40][Provincial Government] or of any officer duly authorised by it in this
behalf, stop any public or private way or watercourse in a
reserved forest,
provided that a substitute for the way or water-course so stopped, which the [41][Provincial Government] deems to be reasonably convenient, already
exists, or has been provided or constructed by the Forest-officer
in lieu
thereof.
26. Acts prohibited in such forests.— (1) Any person who—
(a) makes any fresh
clearing prohibited by section 5, or
(b) sets fire to a
reserved forest, or, in contravention of any rules made by the [42][Provincial
Government] in this behalf, kindles any fire, or leaves any fire burning, in
such manner as to endanger such a forest;
or who,
in a reserved forest—
(c) kindles, keeps or
carries any fire except at such seasons as the Forest-officer may notify in
this behalf;
(d) trespasses or
pastures cattle, or permits cattle to trespass;
(e) causes any damage by
negligence in felling any tree or cutting or dragging any timber;
(f) fells, girdles,
lops, taps or burns any tree or strips off the bark or leaves from, or
otherwise damages, the same;
(g) quarries stone, burns
lime or charcoal, or collects, subjects to any manufacturing process, or
removes, any forest-produce;
(h) clears
or breaks up any land for cultivation or any other purpose;
(i) in contravention of
any rules made in this behalf by the [43][Provincial
Government], hunts, shoots, fishes, poisons water or sets traps or snares; or
(j) in any area in which
the Elephant’s Preservation Act, 1879, is not in force, kills or catches
elephants in contravention of any rules
so made;
shall be punishable with
imprisonment for a term which may extend to six months, or with fine which may
extend to five hundred rupees
or with both, in addition to such compensation
for damage done to the forest as the convicting Court may direct to be paid.
(2) Nothing
in this section shall be deemed to prohibit—
(a) any act done by
permission in writing of the Forest-officer, or under any rule made by the [44][Provincial
Government]; or
(b) the exercise of
any right continued under clause (c) of sub-section (2) of section 15, or
created by grant or contract in writing
made by or [45][on behalf of
the Government] under section 23.
(3) Whenever
fire is caused wilfully or by gross negligence in a reserved forest, the [46][Provincial
Government] may, (notwithstanding that any penalty has been inflicted under
this section), direct that in such forest
or any portion thereof the exercise
of all rights of pasture or to forest-Produce shall be suspended for such
period as it thinks
fit.
[47][26-A. Removal of encroachments etc., from reserved forests.— (1) A Court convicting an accused
person of an offence under clause (h) of sub-section (1) of section 26 shall
direct the accused,
if he or any other person on his behalf be in possession of
the land in respect of which he is convicted, to deliver possession of
the same
within such period not exceeding thirty days, as the Court may fix in this
behalf, to the prescribed Forest Officer, and
to remove within the said period
any encroachments which the accused may have put up or erected on such land.
(2) Any
accused person directed by a Court under the last preceding sub-section to
deliver possession of land in a reserved forest to
the prescribed Forest
Officer or to remove therefrom any encroachment made by him, who fails so to
deliver the land or to remove
the encroachment within the period specified by
the Court under the said sub-section—
(a) may by order of the Court be ejected from such land and any encroachment made by him on such land may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and
(b) shall also be liable to a fine which may extend to one hundred rupees for every day, after the period fixed by the Court under the provisions of sub-section (1) has expired, that he remains in possession or occupation of the land in respect of which he has been convicted or fails to demolish or remove the encroachment on such land.]
27. Power to declare forest no longer reserved.— (1) The [48][Provincial Government], may [49][* * *] by notification[50] in the [51][official Gazette], direct that, from a date fixed by such notification,
any forest or any portion thereof reserved under this Act
shall cease to be a
reserved forest.
(2) From
the date so fixed, such forest or portion shall cease to be reserved; but the
rights (if any) which have been extinguished therein
shall not revive in
consequence of such cessation.
CHAPTER
III
OF
VILLAGE-FORESTS
28. Formation of village forests.— (1) The [52][Provincial Government] may assign to any village-community the rights
of Government to or over any land which has been constituted
a reserved forest,
and may cancel such assignment. All forests so assigned shall be called
village-forests.
(2) The
[53][Provincial
Government] may make rules for regulating the management of village-forests,
prescribing the conditions under which the
community to which any such
assignment is made may be provided with timber or other forest-produce or
pasture, and their duties for
the protection and improvement of such forest.
(3) All the provisions of this Act relating to reserved forests shall
(so far as they are not inconsistent with the rules so made) apply
to
village-forests.
CHAPTER
IV
OF
PROTECTED FORESTS
29. Protected forests.— (1)
The [54][Provincial
Government] may, by notification in the [55][Official
Gazette], declare the provisions of this Chapter applicable to any forest-land
or waste-land which is not included in a
reserved forest, but which is the
property of Government, or over which the Government has proprietary rights, or
to the whole or
any part of the forest-produce of which the Government is
entitled.
(2) The
forest-land and waste-lands comprised in any such notification shall be called
a “protected forest”.
(3) No
such notification shall be made unless the nature and extent of the rights of
Government and of private persons in or over the
forest-land or waste-land
comprised therein have been inquired into and recorded at a survey or
settlement, or in such other manner
as the [56][Provincial
Government] thinks sufficient. Every Such record shall be presumed to be
correct until the contrary is proved:
Provided that, if, in the
case of any forest-land or wasteland, the [57][Provincial Government] thinks that such inquiry and record are
necessary, but that they will occupy such length of time as in the
meantime to
endanger the rights of Government, the [58][Provincial Government] may, pending such inquiry and record, declare
such land to be a protected forest, but so as not to abridge
or affect any
existing rights of individuals or communities.
30. Power to issue notification reserving trees,
etc.— The [59][Provincial Government] may, by notification in the [60][official Gazette],—
(a) declare any trees or class of trees in a
protected forest to be reserved from a date fixed by the notification;
(b) declare
that any portion of such forest specified in the notification shall be closed
for such term, not exceeding thirty years, as
the [61][Provincial Government] thinks fit, and that the rights of private
persons, if any, over such portion shall be suspended during such
term,
provided that the remainder of such forest be sufficient, and in a locality
reasonably convenient, for the due exercise of
the rights suspended in the portion
so closed; or
(c) prohibit, from a
date fixed as aforesaid, the quarrying of stone, or the burning of lime or
charcoal, or the collection or subjection
to any manufacturing process, or
removal of, any forest-produce in any such forest, and the breaking up or
clearing for cultivation,
for building, for herding cattle or for any other
purpose, of any land in any such forest.
31. Publication of translation of such
notification in neighbourhood.— The [62][District Officer (Revenue)] shall cause a translation into the local
vernacular of every notification issued under section 30 to
be affixed in a
conspicuous place in every town and village in the neighbourhood of the forest
comprised in the notification.
32. Power to make rules for protected forests.— The [63][Provincial Government] may make rules to regulate the following
matters, namely:-
(a) the cutting, sawing, conversion and removal of
trees and timber, and the collection, manufacture and removal of
forest-produce, from
protected forests;
(b) the granting of
licenses to the inhabitants of towns and villages in the vicinity of protected
forests to take trees, timber or other
forest-produce for their own use, and
the production and return of such licenses by such persons;
(c) the granting of
licenses to persons felling or removing trees or timber or other forest-produce
from such forests for the purposes
of trade, and the production and return of
such licenses by such persons;
(d) the payments, if
any, to be made by the persons mentioned in clauses (b) and (c) for permission
to cut such trees, or to collect and
remove such timber or other
forest-produce;
(e) the other payments,
if any, to be made by them in respect of such trees, timber and produce, and
the place where such payment shall
be made;
(f) the examination of
forest-produce passing out of such forests;
(g) the clearing and
breaking up of land for cultivation or other purposes in such forests;
(h) the protection from
fire of timber lying in such forests and of trees reserved under section 30;
(i) the cutting of
grass and pasturing of cattle in such forests;
(j) hunting, shooting,
fishing, poisoning water and setting traps or snares in such forests, and the
killing or catching of elephants
in such forests in areas in which the
Elephant’s Preservation Act, 1879[64], is not in
force;
(k) the protection and
management of any portion of a forest closed under section 30; and
(l) the exercise of
rights referred to in section 29.
33. Penalties for acts in contravention of notification under section
30 or of rules under section 32.— (1)
Any person who commits any of the following offences, namely:-
(a) fells,
girdles, lops, taps or burns any tree reserved under section 30, or strips off
the bark or leaves from, or otherwise damages,
any such tree;
(b) contrary to any
prohibition under section 30, quarries any stone, or burns any lime or
charcoal, or collects, subjects to any manufacturing
process, or removes any
forest-produce;
(c) contrary
to any prohibition under section 30, breaks up or clears for cultivation or any
other purpose any land in any protected forest;
(d) sets fire to such
forest, or kindles a fire without taking all reasonable precautions to prevent
its spreading to any tree reserved
under section 30, whether standing, fallen
or felled, or to any closed portion of such forest;
(e) leaves burning any
fire kindled by him in the vicinity of any such tree or closed portion;
(f) fells any tree or
drags any timber so as to damage any tree reserved as aforesaid;
(g) permits cattle to
damage any such tree;
(h) infringes any rule
made under section 32;
shall be
punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred rupees,
or with both.
(2) Whenever
fire is caused wilfully or by gross negligence in a protected forest, the [65][Provincial
Government] may, notwithstanding that any penalty has been inflicted under this
section, direct that in such forest or
any portion thereof the exercise of any
right of pasture or to forest-produce shall be suspended for such period as it
thinks fit.
[66][33-A. Power of Court to convict trespasser.— (1) A Court convicting an accused person of an
office under clause (c) of sub-section (1) of section 33, shall direct the
accused,
if he or any other person on his behalf be in possession of the land
in respect of which he is convicted to deliver possession of
the same within
such period not exceeding thirty days as the Court may fix in this behalf, to
the prescribed Forest-officer, and
to remove within the said period any
encroachment which the accused may have put up or erected on such land.
(2) Any
accused person directed by a Court under the last preceding sub-section to
deliver possession of land in a Protected Forest to
the prescribed Forest
Officer or to remove therefrom any encroachment made by him, who fails so to
deliver the land or to remove
the encroachment within the period specified by
the Court under the said sub-section—
(a) may by order of the Court, be ejected from such land and any encroachment made by him on such land may be removed or demolished with such force as may be necessary and in such manner as may be prescribed; and
(b) shall also be
liable to a fine which may extend to one hundred rupees for every day, after
the period fixed by the Court under the
provision of sub-section (1) has
expired, that he remains in possession or occupation of the land in respect of
which he has been
convicted or fails to demolish or remove the encroachment on
such land.]
34. Nothing in this Chapter to prohibit acts done in certain cases.— Nothing in this Chapter shall be deemed to
prohibit any act done with the permission in writing of the Forest-officer, or
in accordance
with rules made under section 32, or except as regards any
portion of a forest closed under section 30, or as regards any rights
the
exercise of which has been suspended under section 33, in the exercise of any
right recorded under section 29.
CHAPTER
V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE
PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes.— (1) The [67][Provincial Government] may, by notification in the [68][official Gazette], regulate or prohibit in any forest or waste-land—
(a) the breaking up or clearing of land for
cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such
regulation or prohibition appears necessary for any of the following purposes:-
(i) for
protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the
preservation of the soil on the ridges and slopes and in the valleys of hilly
tracts, the prevention of land-slips or of the
formation of ravines and
torrents, or the protection of land against erosion, or the deposit thereon of
sand, stones or gravel;
(iii) for the
maintenance of a water-supply in springs, rivers and tanks;
(iv) for the
protection of roads, bridges, railways and other lines of communication;
(v) for the
preservation of the public health.
(2) The
[69][Provincial
Government] may, for any such purpose, construct at its own expense, in or upon
any forest or waste-land, such work as
it thinks fit.
(3) No notification shall be made under sub-section (1) nor shall any
work be begun under sub-section (2), until after the issue of a
notice to the
owner of such forest or land calling on him to show cause, within a reasonable
period to be specified in such notice,
why such notification should not be made
or work constructed, as the case may be, and until his objections, if any, and
any evidence
he may produce in support of the same, have been heard by an
officer duly appointed in that behalf and have been considered by the
[70][Provincial Government].
36. Power to assume management of forests.— (1) In case of neglect of, or wilful
disobedience to, any regulation or prohibition under section 35, or if the
purposes of any work
to be constructed under that section so require, the [71][Provincial
Government] may, after notice in writing to the owner of such forest or land
and after considering his objections, if
any, place the same under the control
of a Forest-officer, and may declare that all or any of the provisions of this
Act relating
to reserved forests shall apply to such forest or land.
(2) The
net profits, if any, arising from the management of such forest or land shall
be paid to the said owner.
37. Expropriation of forests in certain cases.— (1) In any case under this Chapter in which
the [72][Provincial
Government] considers that , in lieu of placing the forest or land under the
control of a Forest-officer, the same should
be acquired for public purposes,
the [73][Provincial
Government] may proceed to acquire it in the manner provided by the Land
Acquisition Act, 1894[74].
(2) The owner of any forest or land comprised in any notification under
section 35 may, at any time not less than three or more than twelve
years from
the date thereof, require that such forest or land shall be acquired for public
purposes, and the [75][Provincial Government] shall acquire such forest or land accordingly.
38. Protection of forests at request of owners.— (1) The owner of any land or, if there be more
than one owner thereof, the owners of shares therein amounting in the aggregate
to
at least two-thirds thereof may, with a view to the formation or
conservation of forests thereon, represent in writing to the [76][District Officer (Revenue)] their desire—
(a) that such land be
managed on their behalf by the Forest-officer as a reserved or a protected
forest on such terms as may be mutually
agreed upon; or
(b) that
all or any of the provisions of this Act by applied to such land.
(2) In either case, the [77][Provincial Government] may, by notification in the [78][official Gazette], apply to such land such provisions of this Act, as
it thinks suitable to the circumstances thereof and as may
be desired by the
applicants.
CHAPTER
VI
OF
THE DUTY ON TIMBER
AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce.— (1) The [79][Provincial
Government] may levy a duty in such manner, at such places and at such rates as
it may declare by notification in the
[80][official
Gazette] on all timber or other forest-produce—
(a) which is produced
in [81][Pakistan], and
in respect of which [82][the
Government] has any right;
(b) which is brought
from any place outside [83][Pakistan] [84][or is
transported from or to any place within Pakistan];
[85][* * * * * * * * * * * * *]
(2) In
every case in which such duty is directed to be levied ad valorem, the [86][Provincial
Government] may fix by like notification the value on which such duty shall be
assessed.
[87][* * * * * * * * * * * * *]
40. Limit not to apply to purchase-money or royalty.— Noting in this Chapter shall be deemed to
limit the amount, if any, chargeable as purchase-money or royalty on any timber
or other
forest-produce, although the same is levied on such timber or produce
while in transit, in the same manner as duty is levied.
CHAPTER
VII
OF
THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate, transit of
forest-produce.— (1) The control of all rivers and their banks
as regards the floating of timber, as well as the control of all timber and
other forest-produce
in transit by land or water, is vested in the [88][Provincial Government], and it may make rules to regulate the transit
of all timber and other forest-produce.
(2) In
particular and without prejudice to the generality of the foregoing power, such
rules may—
(a) prescribe the
routes by which alone timber or other forest-produce may be imported, exported
or moved into, from or within [89][the Province];
(b) prohibit the import or export or moving of
such timber or other produce without a pass from an officer duly authorised to
issue the
same, or otherwise than in accordance with the conditions of such
pass;
(c) provide for the
issue, production and return of such passes and for the payment of fees
therefor;
(d) provide
for the stoppage, reporting examination and marking of timber or other
forest-produce in transit, in respect of which there
is reason to believe that
any money is payable to [90][the Government] on account of the price thereof, or on account of any
duty, fee, royalty or charge due thereon, or, to which it is
desirable for the
purposes of this Act to affix a mark;
(e) provide for the establishment and regulation
of depots to which such timber or other produce shall be taken by those
incharge of it
for examination, or for the payment of such money, or in order
that such marks may be affixed to it; and the conditions under which
such
timber or other produce shall be brought to, stored at and removed from such
depots;
(f) 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 or leaves into any such river or any act which may cause
such river to be closed or
obstructed;
(g) provide for the
prevention or 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 whose acts or negligence necessitated the same;
(h) prohibit
absolutely or subject to conditions, within specified local limits, the
establishment of sawpits, the converting, cutting,
burning, concealing or
making of timber, the altering or effacing of any marks on the same or the
possession or carrying of marking
hammers or other implements used for marking
timber;
(i) regulate the
use of property marks for timber, and the registration of such marks; 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.
(3) The
[91][Provincial
Government] may direct that any rule made under this section shall not apply to
any specified class of timber or other
forest-produce or to any specified local
area.
[92][41-A. Powers of Federal Government as to movements of timber across
Customs frontiers.— Notwithstanding anything in section 41, the [93][Federal] Government may make rules to prescribe the route by which
alone timber or other forest-produce may be imported, exported
or moved into or
from [94][Pakistan] across any customs frontier as defined by the [95][Federal] Government, and any rules made under section 41 shall have
effect subject to the rules made under this section.]
42. Penalty for breach of rules made under
section 41.— (1) The [96][Provincial Government] may by such rules prescribe as penalties for the
contravention thereof imprisonment for a term which may extend
to six months,
or fine which may extend to five hundred rupees, or both.
(2) Such rules may
provide that penalties which are double of those mentioned in sub-section (1)
may be inflicted in cases where the offence
is committed after sunset and
before sunrise, or after preparation for resistance to lawful authority, or
where the offender has
been previously convicted of a like offence.
43. Government and Forest-officers not liable for
damage to forest-produce at depot.— The [97][Government] shall not be responsible for any loss or damage which may
occur in respect of any timber or other forest-produce while
at a depot
established under a rule made under section 41, or while detained elsewhere,
for the purposes of this Act; and no Forest-officer
shall be responsible for
any such loss or damage, unless he causes such loss or damage negligently,
maliciously or fraudulently.
44. All persons bound to aid in case of accident at depot.— In case of any accident or emergency involving
danger to any property at any such depot, every person employed at such depot,
whether
by the [98][Government] or
by any private person, shall render assistance to any Forest-officer or
Police-officer demanding his aid in averting
such danger or securing such
property from damage or loss.
CHAPTER
VIII
OF
THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until
title thereto provided, and may be collected accordingly.— (1) All timber found adrift, beached, stranded
or sunk;
all wood or timber bearing marks which
have not been registered in accordance with the rules made under section 41, or
on which the
marks have been obliterated, altered or defaced by fire or
otherwise; and
in such areas as the [99][Provincial
Government] directs, all unmarked wood and 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
collect the same by virtue of any rule made under section
51, and may be
brought to any depot which the Forest-officer may notify as a depot for the
reception of drift timber.
(3) The
[100][Provincial
Government] may, by notification in the [101][official
Gazette] exempt any class of timber from the provisions of this section.
46. Notice to claimants of drift timber.— Public notice shall from time to time be given
by the Forest-officer of timber collected under section 45. Such notice shall
contain
a description of the timber, and shall require any person claiming the
same to present to such officer, within a period not less
than two months from
the date of such notice, a written statement of such claim.
47. Procedure on claim preferred to such timber.— (1) When any such statement is
presented as aforesaid, the Forest-officer may, after making such inquiry as he
thinks fit, either
reject the claim 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 of such persons whom he deems
entitled thereto, or may
refer the claimants to the Civil Courts, and retain the timber pending the
receipt of an order from any
such Court for its disposal.
(3) Any
person whose claim has been rejected under this section may, within three
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 [102][Government],
or against any Forest-officer, on account of such rejection, or the detention
or removal of any timber, or the delivery
thereof to any other person under
this section.
(4) No
such timber shall be subject to process of any Civil, Criminal or Revenue Court
until it has been delivered, or a suit has been
brought, as provided in this
section.
48. Disposal of unclaimed timber.— If no such statement is presented as
aforesaid, or if the claimant omits to prefer his claim in the manner and
within the period fixed
by the notice issued under section 46, or on such claim
having been so preferred by him and having been rejected, omits to institute
a
suit to recover possession of such timber within the further period fixed by
section 47, the ownership of such timber shall vest
in the government, or ,
when such timber has been delivered to another person under section 47, in such
other person free from all
encumbrances not created by him.
49. Government and its officers not liable for damage to such timber.— The [103][Government]
shall not be responsible for any loss or damage which may occur in respect of
any timber collected under section 45,
and no Forest-officer shall be
responsible for any such loss or damage, unless he causes such loss or damage
negligently, maliciously
or fraudulently.
50. Payments to be made by claimant before timber is delivered to
him.— No person shall be entitled to
recover possession of any timber collected or delivered as aforesaid until he
has paid to the Forest-officer
or other person entitled to receive it such sum
on account thereof as may be due under any rule made under section 51.
51. Power to make rules and prescribe penalties.— (1) The [104][Provincial
Government] may make rules to regulate the following matters, namely:-
(a) the salving,
collection and disposal of all timber mentioned in section 45;
(b) the use and
registration of boats used in salving and collecting timber;
(c) the amounts to be
paid for salving, collecting, moving, storing or disposing of such timber; and
(d) the use and
registration of hammers and other instruments to be used for marking such
timber.
(2) The
[105][Provincial
Government] may prescribe, as penalties for the contravention of any rules made
under this section, imprisonment for a
term which may extend to six months, or
fine which may extend to five hundred rupees, or both.
CHAPTER
IX
PENALTIES
AND PROCEDURE
52. Seizure of property liable to confiscation.— (1) When there is reason to believe that a
forest-offence has been committed in respect of any forest-produce, such
produce, together
with all tools, boats, [106][vehicles] or
cattle used in committing any such offence, may be seized by any Forest-officer
or Police-officer.
(2) Every officer seizing
any property under this section shall place on such property 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 seizure has been made:
Provided that, when the forest-produce
with respect to which such offence is believed to have been committed is the
property of Government,
and the offence is unknown, it shall be sufficient if
the officer makes, as soon as may be, a report of the circumstances to his
official superior.
53. Power to release property seized under section 52.— Any Forest-officer of a rank not inferior to
that of a Ranger who, or whose subordinate, has seized any tools, boats, [107][vehicles] or
cattle under section 52, may release the same on the execution by the owner
thereof of a bond for the production of
the property so released, if and when
so required, before the Magistrate having jurisdiction to try the offence on
account of which
the seizure has been made.
54. Procedure
thereupon.— Upon the receipt of
any such report, the Magistrate shall, with all convenient despatch, take such
measures as may be necessary for
the arrest and trial of the offender and the
disposal of the property according to law.
55. Forest produce, tools, etc., when liable to confiscation.— (1) All timber or forest-produce which is not
the property of Government and in respect of which a forest-offence has been
committed,
and all tools, boats, [108][vehicles] and
cattle used in committing any forest-offence, shall be liable to confiscation.
(2) Such confiscation may
be in addition to any other punishment prescribed for such offence.
56. Disposal on conclusion of trial for
forest-offence, of produce in respect of which it was committed.— When the trial of any
forest-offence is concluded, any forest-produce in respect of which such
offence has been committed shall, if
it is the property of Government or has
been confiscated, be taken charge of by a Forest-officer, and, in any other
case, may be
disposed of in such manner as the Court may direct.
57. Procedure when offender not known, or cannot be found.— When the offender is not known or cannot be
found the Magistrate may, if he finds that an offence has been committed, order
the property
in respect of which the offence has been committed to be
confiscated and taken charge of by the Forest-officer, or to be made over
to
the person whom the Magistrate deems to be entitled to the same:
Provided that no such order shall be made
until the expiration of one month from 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.
58. Procedure as to perishable property seized under section 52.— The Magistrate may, notwithstanding anything
hereinbefore contained, direct the sale of any property seized under section 52
and subject
to speedy and natural decay, and may deal with the proceeds as he
would have dealt with such property if it had not been sold.
59. Appeal from orders under section 55, section 56, or section 57.— The officer who made the seizure under section
52, or any of his official superiors, or any person claiming to be interested
in the
property so seized, may , within one month from the date of any order
passed under section 55, section 56 or section 57, appeal therefrom
to the
Court to which orders made by such Magistrate are ordinarily appealable, and
the order passed on such appeal shall be final.
60. Property when to vest in Government.— When an order for the confiscation of any
property has been passed under section 55 or section 57, as the case may be,
and the period
limited by section 59 for an appeal from such order has elapsed,
and no such appeal has been preferred, or when, on such an appeal
being
preferred, the appellate Court confirms such order in respect of the whole or a
portion of such property, such property or
such portion thereof, as the case
may be, shall vest in the Government free from all encumbrances.
61. Saving of power to release property seized.— Nothing hereinbefore contained
shall be deemed to prevent any officer empowered in this behalf by the [109][Provincial Government] from directing at any time the immediate release
of any property seized under section 52.
62. Punishment for wrongful seizure.— Any Forest-officer or
Police-officer who vexatiously and unnecessarily seizes any property on
pretence of seizing property liable
to confiscation under this Act shall be
punishable with imprisonment for a term which may extend to six months, or with
fine which
may extend to five hundred rupees, or with both.
63. Penalty for counterfeiting or defacing marks on trees and timber
and for altering boundary marks.— Whoever, with intent to cause damage or injury
to the public or to any person, or to cause wrongful gain as defined in the
Pakistan
Penal Code[110]—
(a) knowingly counterfeits upon any timber or
standing tree a mark used by Forest-officers to indicate that such timber or
tree is the
property of the Government or of some person, or that it may
lawfully be cut or removed by some person; or
(b) alters, defaces or
obliterates any such mark placed on a tree or on timber by or under the
authority of a Forest-officer; or
(c) alters, moves,
destroys or defaces any boundary-mark of any forest or waste-land to which the
provisions of this Act are applied,
shall be
punishable with imprisonment for a term which may extend to two years, or with
fine, or with both.
64. Power to arrest without warrant.— (1) Any Forest-officer or Police-officer may
without orders from a Magistrate and without a warrant, arrest any person
against whom
a reasonable suspicion exists of his having been concerned in any
forest-offence punishable with imprisonment for one month or upwards.
(2) Every officer making
an arrest under this section shall, without unnecessary delay and subject to
the provisions of this Act as to
release on bond, take or send the person
arrested before the Magistrate having jurisdiction in the case, or to the
officer incharge
of the nearest police-station.
(3) Nothing
in this section shall be deemed to authorise such arrest for any act which is
an offence under Chapter IV unless such act
has been prohibited under clause
(c) of section 30.
65. Power to release on a bond a person arrested.— Any Forest-officer of a rank not inferior to
that of a Ranger, who, or whose subordinate, has arrested any person under the
provisions
of section 64, may release such person on his executing a bond to
appear, if and when so required before the Magistrate having jurisdiction
in
the case, or before the officer incharge of the nearest police-station.
66. Power to prevent commission of offence.— Every Forest-officer and Police-officer shall
prevent, and may interfere for the purpose of preventing, the commission of any
forest-offence.
67. Power to try offences summarily.— The District Magistrate or any Magistrate of
the first class specially empowered in this behalf by the [111][Provincial
Government] may try summarily, under the Code of Criminal Procedure, 1898[112], any
forest-offence punishable with imprisonment for a term not exceeding six
months, or fine not exceeding five hundred rupees,
or both.
68. Power to compound offences.— (1) The [113][Provincial Government] may, by notification in the [114][official Gazette], empower a Forest-officer—
(a) to accept from any
person against whom a reasonable suspicion exists that he has committed any
forest-offence, other than an offence
specified in section 62 or section 63, a
sum of money by way of compensation for the offence which such person is
suspected to have
committed, and
(b) when any property
has been seized as liable to confiscation, to release the same on payment of
the value thereof as estimated by such
officer.
(2) On
the payment of such sum of money, or such value, or both, as the case may be,
to such officer, the suspected person, if in custody,
shall be discharged, the
property, if any, seized shall be released, and no further proceedings shall be
taken against such person
or property.
(3) A
Forest-officer shall not be empowered under this section unless he is a
Forest-officer of a rank not inferior to that of a Ranger
and is in receipt of
a monthly salary amounting to at least one hundred rupees, and the sum of money
accepted as compensation under
clause (a) of sub-section (1) shall in no case
exceed the sum of fifty rupees.
69. Presumption that forest-produce belongs to
Government.— 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 Government, such produce
shall be presumed to be the property of the Government until the contrary
is
proved.
CHAPTER
X
CATTLE-TRESPASS
70. Cattle-Trespass Act, 1871, to apply.— Cattle trespassing in a reserved forest or in
any portion of a protected forest which has been lawfully closed to grazing
shall be
deemed to be cattle doing damage to a public plantation within the
meaning of section 11 of the Cattle-Trespass Act, 1871[115], and may be
seized and impounded as such by any Forest-officer or Police-officer.
71. Power to alter fines fixed under that Act.— The [116][Provincial
Government] may, by notification in the [117][official
Gazette], direct that, in lieu of the fines fixed under section 12 of the
Cattle-Trespass Act, 1871[118], there shall
be levied for each head of cattle impounded under section 70 of this Act such
fines as it thinks fit, but not exceeding
the following, that is to say:-
For each elephant |
ten rupees. |
For each buffalo or camel |
two rupees. |
For each horse, mare, gelding, pony, colt, filly,
mule, bull, bullock, cow, or heifer |
one rupee. |
For each calf, ass, pig, ram, ewe, sheep, lamb,
goat or kid |
eight annas. |
CHAPTER
XI
OF
FOREST-OFFICERS
72. Provincial Government may invest Forest-officers with certain
powers.— (1) The [119][Provincial
Government] may invest any Forest-officer with all or any of the following
powers, that it to say:-
(a) power to enter upon
any land and to survey, demarcate and make a map of the same;
(b) the
powers of a Civil Court to compel the attendance of witnesses and the
production of documents and material objects;
(c) power to issue a
search-warrant under the Code of Criminal Procedure, 1898[120]; and
(d) power to hold an
inquiry into forest-offences, and, in the course of such inquiry, to receive
and record evidence.
(2) Any
evidence recorded under clause (d) of sub-section (1) shall be admissible in any
subsequent trial before a Magistrate, provided
that it has been taken in the
presence of the accused person.
73. Forest-officers deemed public servants.— All Forest-officers shall be deemed to be
public servants within the meaning of the Pakistan Penal Code[121].
74. Indemnity for acts done in good faith.— No suit shall lie against any public servant
for anything done by him in good faith under this Act.
75. Forest-officers not to trade.— Except with the permission in writing of the [122][Provincial
Government], no Forest-officer shall, as principal or agent, trade in timber or
other forest-produce, or be or become
interested in any lease of any forest or
in any contract for working any forest, whether in or outside [123][Pakistan].
CHAPTER
XII
SUBSIDIARY
RULES
76. Additional powers to make rules.— The [124][Provincial Government] may make rules—
(a) to prescribe and
limit the powers and duties of any Forest-officer under this Act;
(b) to regulate the
rewards to be paid to officers and informers out of the proceeds of fines and
confiscation under this Act;
(c) for the
preservation, reproduction and disposal of trees and timber belonging to
Government, but grown on lands belonging to or in
the occupation of private
persons; and
(d) generally, to carry
out the provisions of this Act.
77. Penalties for breach of rules.— Any person contravening any rule under this
Act, for the contravention of which no special penalty is provided, shall be
punishable
with imprisonment for a term which may extend to one month, or fine
which may extend to five hundred rupees, or both.
78. Rules when to have force of law.— All rules made by the [125][Provincial
Government] under this Act shall be published in the [126][official
Gazette], and shall thereupon, so far as they are consistent with this Act, have
effect as if enacted therein.
CHAPTER
XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers.— (1) Every person who exercises any right in a
reserved or protected forest, or who is permitted to take any forest-produce
from, or
to cut and remove timber or to pasture cattle in such forest, and
every person who is employed by any such person in such forest,
and
every person in any village contiguous to such forest who is
employed by the [127][Government], or who receives emoluments from the [128][Government] for services to be performed to the community,
shall be bound
to furnish without unnecessary delay to the nearest Forest-officer or
Police-officer any information he may possess
respecting the commission of, or
intention to commit, any forest-offence, and shall forthwith take steps,
whether so required by
any Forest-officer or Police-officer or not,—
(a) to
extinguish any forest fire in such forest of which he has knowledge or
information;
(b) to
prevent by any lawful means in his power any fire in the vicinity of such
forest of which he has knowledge or information from
spreading to such forest,
and
shall assist any Forest-officer or Police-officer demanding his aid—
(c) in preventing the commission in such forest of
any forest-offence; and
(d) when
there is reason to believe that any such offence has been committed in such
forest, in discovering and arresting the offender.
(2) Any person who, being
bound so to do, without lawful excuse (the burden of proving which shall lie
upon such person) fails—
(a) to furnish without unnecessary delay to the nearest Forest-officer or Police-officer any information required by sub-section (1);
(b) to take steps
as required by sub-section (1) to extinguish any forest fire in a reserved or
protected forest;
(c) to prevent, as
required by sub-section (1), any fire in the vicinity of such forest from
spreading to such forest; or
(d) to assist any
Forest-officer or Police-officer demanding his aid in preventing the commission
in such forest of any forest-offence,
or, when there is reason to believe that
any such offence has been committed in such forest, in discovering and
arresting the offender;
shall
be punishable with imprisonment for a term which may extend to one month, or
with fine which may extend to two hundred rupees,
or with both.
80. Management of forests the joint property of Government and other
persons.— (1) If the
Government and any person be jointly interested in any forest or waste-land, or
in the whole or any part of the produce
thereof, the [129][Provincial
Government] may either—
(a) undertake
the management of such forest, wasteland or produce, accounting to such person
for his interest in the same; or
(b) issue
such regulations for the management of the forest, waste-land or produce by the
person so jointly interested as it deems necessary
for the management thereof
and the interests of all parties therein.
(2) When
the [130][Provincial
Government] undertakes under clause (a) of sub-section (1) the management of
any forest, waste-land or produce, it may,
by notification in the [131][official
Gazette], declare that any of the provisions contained in Chapters II and IV
shall apply to such forest, waste-land or produce,
and thereupon such
provisions shall apply accordingly.
81. Failure to perform service for which a share in produce of
Government forest is enjoyed.— If any
person be entitled to a share in the produce of any forest which is the
property of Government or over which the Government
has proprietary rights or
to any part of the forest-produce of which the Government is entitled, upon the
condition of duly performing
any service connected with such forest, such share
shall be liable to confiscation in the event of the fact being established to
the satisfaction of the [132][Provincial
Government] that such service is no longer so performed:
Provided that no such share shall be
confiscated until the person entitled thereto, and the evidence, if any, which
he may produce
in proof of the due performance of such service, have been heard
by an officer duly appointed in that behalf by the [133][Provincial
Government].
82. Recovery of money due to Government.— All money payable to the Government under this
Act, or under any rule made under this Act, or on account of the price of any
forest-produce,
or of expenses incurred in the execution of this Act in respect
of such produce, 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.
83. Lien on forest-produce for such money.— (1) When any such money is payable for or in
respect of any forest-produce, the amount thereof shall be deemed to be a first
charge
on such produce, and such produce may be taken possession of by a
Forest-officer until such amount has been paid.
(2) If
such amount is not paid when due, the Forest-officer may sell such produce by
public auction, and the proceeds of the sale shall
be applied first in
discharging such amount.
(3) The
surplus, if any, if not claimed within two months from the date of the sale by
the person entitled thereto, shall be forfeited
to [134][Government].
84. Land required under this Act to be deemed to be needed for a
public purpose under the Land Acquisition Act, 1894.— Whenever it appears to the [135][Provincial
Government] that any land is required for any of the purposes of this Act, such
land shall be deemed to be needed for
a public purpose within the meaning of
section 4 of the Land Acquisition Act, 1894[136].
85. Recovery of penalties due under bond.— When any person, in accordance with any
provision of this Act, or in compliance with any rule made thereunder, binds
himself by any
bond or instrument to perform any duty or act, or covenants by
any bond or instrument that he, or that he and his servants and agents
will
abstain from any act, the whole sum mentioned in such bond or instrument as the
amount to be paid in case of a breach of the
conditions thereof may,
notwithstanding anything in section 74 of the Contract Act, 1872[137], be recovered
from him in case of such breach as if it were an arrear of land-revenue.
[138][85-A. Saving
for rights of Government.— As from the
commencement[139] of Part III of the Government of India Act,
1935, nothing in this Act shall authorise any Provincial Government to make any
order
or do any other thing in relation to any [140][Government]
property not vested in [141][that
Provincial Government] or otherwise to prejudice any [142][Government]
rights, without the consent of the Government or authority concerned.]
86. Repeals.— The
enactments mentioned in the schedule are hereby repealed to the extent
specified in the fourth column thereof.
THE SCHEDULE
[Enactments Repealed]. Repealed by the Central Laws (Adaptation)
Order, 1961 (P.O. 1 of 1961), Article 2 and Schedule.
[1]For statement of objects and reasons, see Gazette of India, 1926, Pt. V. p.
165, and for Report of Select Committee, see
ibid., p. 242.
It has been
applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act
is applicable in the N.W.F.P., and extended
to the Excluded Area of Upper
Tanawal (N.W.F.P.) other than Phulera with effect from such date and subject to
such modifications
as may be notified, see
N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
[2]The word “Indian”, omitted by Adaptation Order,
1949.
[3]The original sub-section (2) has successively been
amended by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4
of 1949), the Federal laws (Revision and Declaration) Act, 1951 (XXVI of 1951),
the Central laws (Statute Reform) Ordinance, 1960
(XXI of 1960), the Repealing
and Amending Ordinance, 1961 (I of 1961), Adaptation Order, 1961 and the
Central Adaptation of Laws
Order, 1964 (P.O. 1 of 1964), and, finally, by the
Punjab Laws (Adaptation) Order, 1974 (Pb.A.O., 1 of 1974).
[4]Deleted by the Punjab Laws (Adaptation) Order, 1974
(Pb.A.O., 1 of 1974).
[5]The words “the Governor-General in Council or”,
omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, as
amended
by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937.
[6]Substituted ibid.,
for “Local Government”.
[7]The words “the Governor-General in Council or”
omitted ibid.
[8]Substituted ibid.,
for “Local Government”.
[9]Inserted by the Indian Forest (Amendment) Act, 1930
(XXVI of 1930). section 2.
[10]Inserted by the Indian Forest (Amendment) Act, 1933
(III of 1933), section 2.
[11]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937 for “Local Government”.
[12]Ibid.
[13]Substituted ibid.,
for “local official Gazette”.
[14]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937 for “Local Government”.
[15]The original words “on behalf of Govt.” were first
substituted ibid., and, then amended
by the Central Laws (Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with
effect from the 23rd March, 1956),
to read as above.
[16]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[17]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[18]Ibid.
[19]Ibid.
[20]Ibid.
[21]I of 1894.
[22]Substituted for the word “Collector” by the Forest
(Amendment) Ordinance, 2001 (XLVI of 2001), which will remain in force under
the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed
under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[23]Ibid.
[24]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[25]Ibid.
[26]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[27]Substituted for the word “Collector” by the Forest
(Amendment) Ordinance, 2001 (XLVI of 2001), which will remain in force under
the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed
under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[28]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[29]Substituted ibid.,
for “local official Gazette”.
[30]Substituted ibid.,
for “Local Government”.
[31]Ibid.
[32]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”
[33]Ibid.
[34]I of 1894.
[35]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[36]Substituted ibid.,
for “local official Gazette”.
[37]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[38]The original words “on behalf of the Govt.” were
first substituted ibid., and, then, amended by the Central Laws
(Adaptation) Order, 1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd
March, 1956),
to read as above.
[39]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[40]Ibid.
[41]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[42]Ibid.
[43]Ibid.
[44]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[45]The original words “on behalf of Govt.” were first
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937 and, then, amended by the Central Laws
(Adaptation) Order, 1961
(P.O. 1 of 1961), Article 2 (with effect from the 23rd march, 1956), to read as
above.
[46]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[47]Substituted by the Forest (West Pakistan Amendment)
Act, 1964 (VII of 1964).
[48]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[49]The words “subject to the control of the
Governor-General in Council”, omitted, ibid.
[50]For such Notification see Gazette of West Pakistan, 1957, Pt. I, p. 426.
[51]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “local official Gazette”.
[52]Substituted ibid.,
for “Local Government”.
[53]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[54]Ibid.
[55]Substituted ibid.,
for “local official Gazette”.
[56]Substituted ibid.,
for “Local Government”.
[57]Ibid.
[58]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[59]Ibid.
[60]Substituted ibid.,
for “local official Gazette”.
[61]Substituted ibid.,
for “Local Government”.
[62]Substituted for the word “Collector” by the Forest
(Amendment) Ordinance, 2001 (XLVI of 2001), which will remain in force under
the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed
under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[63]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[64]VI of 1879.
[65]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[66]Added by the Forest (West Pakistan Amendment) Act,
1964 (VII of 1964).
[67]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[68]Substituted ibid.,
for “local official Gazette”.
[69]Substituted ibid., “Local Government”.
[70]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[71]Ibid.
[72]Ibid.
[73]Ibid.
[74]I of 1894.
[75]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[76]Substituted for the word “Collector” by the Forest
(Amendment) Ordinance, 2001 (XLVI of 2001), which will remain in force under
the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed
under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[77]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[78]Substituted ibid.,
for “local official Gazette”.
[79]Substituted by the Forest Laws Amendment Ordinance,
1962 (X of 1962), section 2, for “Central Government”, which had been
Substituted
by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended by the Government of India (Adaptation of Indian Laws)
Supplementary
Order, 1937, for “Local Government”.
[80]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “local official Gazette”.
[81]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the
14th
October 1955), for “the Provinces and the Capital of the Federation”,
which had been Substituted by Adaptation Order, 1949, for “British
India”.
[82]The original words “the Govt.” were first
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937,
as amended
by the Government of India (Adaptation of Indian Laws) Supplementary
Order, 1937, and, then amended by the Central Laws (Adaptation)
Order, 1961
(P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), to read as
above.
[83]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the
14th
October 1955), for “the Province and the Capital of the Federation”, which
had been substituted by the Adaptation of Central Acts
and Ordinances Order,
1949 (G.G.O. 4 of 1949), for “British India”.
[84]Added by the Forest Laws Amendment Ordinance, 1962
(X of 1962), section 2.
[85]Proviso omitted by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937.
[86]Substituted ibid.,
for “Local Government”.
[87]Sub-sections (3) and (4), as amended by the
Government of India (Adaptation of Indian Laws) Order, 1937, as amended by the
Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937,
omitted by the Forest Laws Amendment Ordinance, 1962 (X of 1962),
section 2.
[88]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[89]Substituted ibid.,
for “British India”.
[90]The original word “Govt.” was first substituted ibid., and then amended by Adaptation
Order, 1961, Article 2 (with effect from the 23rd March, 1956), to read as
above.
[91]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[92]Section 41-A, inserted, ibid.
[93]Substituted by the Punjab Laws (Adaptation) Order,
1974 (Pb A.O.1 of 1974).
[94]Substituted by the Central laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the
14th
October, 1955), for “the Provinces and the Capital of the Federation”
which had been substituted by the Adaptation of Central Acts
and Ordinances
Order, 1949 (G.G.O. 4 of 1949), for “British India”.
[95]Substituted by the Punjab Laws (Adaptation) Order,
1974 (Pb A.O.1 of 1974).
[96]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[97]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
“Crown”, which had been Substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[98]Ibid.
[99]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[100]Ibid.
[101]Substituted ibid.,
for “local official Gazette”.
[102]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956) for
“Crown”,
which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[103]Ibid.
[104]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[105]Ibid.
[106]Substituted by the Forest (Punjab Amendment) Act,
1948 (IV of 1948), for “carts”.
[107]Substituted by the Forest (Punjab Amendment) Act,
1948 (IV of 1948), for “carts”.
[108]Ibid.
[109]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[110]XLV of 1860.
[111]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[112]V of 1898.
[113]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[114]Substituted ibid.,
for “local official Gazette”.
[115]I of 1871.
[116]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[117]Substituted ibid.,
for “local official Gazette”.
[118]I of 1871.
[119]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[120]V of 1898.
[121]XLV of 1860.
[122]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[123]Substituted by the Central Laws (Statute Reform)
Ordinance, 1960 (XXI of 1960), section 3 and Schedule (with effect from 14th
October,
1955), for “the Provinces and the Capital of the Federation”, which
had been substituted by the Adaptation of Central Acts and Ordinances
Order,
1949 (G.G.O. 4 of 1949), for “British India”.
[124]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937 for “Local Government”.
[125]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937 for “Local Government”.
[126]Substituted ibid.,
for “local official Gazette”.
[127]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2 (with effect from the 23rd March, 1956), for
“Crown”, which had been substituted by the Government of India (Adaptation of
Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation of
Indian Laws) Supplementary Order, 1937, for “Govt”.
[128]Ibid.
[129]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[130]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[131]Substituted ibid.,
for “local official Gazette.”
[132]Substituted ibid.,
for “Local Government”.
[133]Ibid.
[134]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2, for “His Majesty” (with effect from the 23rd
March, 1956).
[135]Substituted by the Government of India (Adaptation
of Indian Laws) Order, 1937, as amended by the Government of India (Adaptation
of Indian Laws) Supplementary Order, 1937, for “Local Government”.
[136]I of 1894.
[137]IX of 1872.
[138]Section 85-A inserted by the Government of India
(Adaptation of Indian Laws) Order, 1937, as amended by the Government of India
(Adaptation
of Indian Laws) Supplementary Order, 1937.
[139]i.e., the 1st April, 1937.
[140]Substituted by the Central Laws (Adaptation) Order,
1961 (P.O. 1 of 1961), Article 2, for “Crown” (with effect from the 23rd March,
1956).
[141]Substituted ibid.,
Article 2 and Schedule, for “His Majesty for the purposes of that province”
(with effect from the 23rd March, 1956).
[142]Substituted ibid.,
for “Crown” (with effect from the 23rd March, 1956).
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