Orissa Forest Act, 1972
*Orissa Forest Act, 1972
[Act No 14 of 1972]
[29th June 1972]
Preamble
An Act to consolidate and amend the laws relating to the protection and management of forests in the State.
Be it enacted by the legislature of the State of Orissa in the Twenty-third year of the republic of India as follows:
1Statement of Objects and Reasons:
There are now two Forest Acts in application in the State of Orissa, i.e. the Indian Forest Act, 1927 and the Madras Forest Act, 1882. Except for the Districts of Koraput, Ganjam and part of Phulbani districts (Baliguda and G. Udayagiri Taluks) where the Madras Forest Act, 1882 is in force, the rest of the area is covered by the Indian Forest Act, 1927. The existence of two Acts quite often creates confusion and also administrative difficulty. The existence of the two Acts imposed an extra strain on the Government machinery with no commensurate advantage and this could be avoided by one unified Act. The necessity for a unified Forest Act was felt quite early and in pursuance of that, a Bill was introduced in the State Legislative Assembly in the year 1942. But for reasons unknown this was dropped. The necessity for such an Act has been commanded by the Forest Enquiry Committee of Orissa in its report in 1959.
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Further, a Sub-Committee of the Central Board of Forestry had recommended amendment of certain clauses giving the development of forests and the interest of forest produce a paramount consideration. There are a number of other States like Kerala, Gujarat, Andra Pradesh, etc., which have already enacted independent Forest Acts and we have had the advantage of taking the best part of those Acts while unifying the management of forests in this State has been taken into consideration to bring the law up-to-date. Generally the sequence followed is of the Indian Forest Act through this Bill has freely drawn from the Madras Forest Act and other existing State Forest Acts for convenience.
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This Bill seeks to fulfil the above object.
Footnotes:
* Orissa Gazette, Extraordinary No. 1014-D/14.7.1972- Notification No. 7481-Legis-D/ 11.7.1972
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For Statement of Objects and Reasons, See Orissa Gazette Extraordinary No. 908. dated 237.1971 and for Report of the State Committee see ibid No. 5-A dated 3.1.1972
Chapter: I - PRELIMINARY
Section 1 - Short title, extend and commencement
(1) This Act may be called the Orissa Forest Act, 1972.
(2) It extends to the whole of the State of Orissa
(3) It shall come into force at once.
Section 2 - Definitions
In this Act, unless the contest otherwise requires-
(a) "Cattle" means cows, oxen, bulls and calves and includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pies, rams, ewes, sheep, lambs, goats, kids and such other kinds of animals as the State Government may, by notification, specify:
(b)-(d) 1[***]
(e) "Forest Offence" means an offence punishable under this Act or under the rules and includes the abetment of a forest offence;
2[(f) "Forest Officer"
(i) any person whom the State Government or any officer empowered by the State 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, and who may be designated as Principal Chief Conservator of Forests, Additional Principal Chief Conservator of Forests, Chief Conservator of Forests, Conservator of Forests, Deputy Conservator of Forests or Divisional Forest Officer, Working Plan Officer, Silviculturist, Assistant Conservator of Forests, Forest Range Officer, Deputy Ranger or Forester; and
(ii) such other persons who are notified by the State Government to perform all or any of the functions of a forest officer under this Act or any rule or order made thereunder, but does not include Forest Settlement Officer.]
(g) "Forest produce" includes:-
(i) the following wether found in, or brought from a forest or not, that is to say:-
(a) timber, charcoal, caoutchouc catechu, wood-oil, resign, natural varnish, bark, Tussay Cocoon, lac, gums, roots of Patal Guruda, Mahua flowers, mahua seeds, myrabolans, Kendu leaves, sandal wood, tamarind, hill-broom, Siali leaves, Siali fibres, Sal seeds;
(b) wild animals and wild birds, skins, tusks, horns, bones and all other parts or produce of wild life; and
(c) such other produce as may be notified by the State Government; and
(ii) the following when found in or brought from a forest that is to say:
(a) trees and leaves, flowers and fruits and all other parts or produce of trees not herein before mentioned;
(b) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants;
(c) honey, wax and arrowroot;
(d) peat, surface oil, rock, sand and minerals (including limestone, laterite; mineral oils and all products of mines or quarries):
(h) Owner in relation to a forest, includes a mortgagee in possession, lessee or other person having right to the possession of or enjoyment of the forest:
(i) "Prescribed" means as prescribed by Rules made under this Act;
(j) 3[***]
(k) "River" includes streams, canals, back waters, creeks and other channels, natural or artificial;
(l) "Rule" means any rule made under this Act;
(m) "Sandalwood" means the wood derived out of any part of Chandan tree and includes chips, dust or powder of such wood;
(n) "Timber" includes trees fallen or felled and all wood cut up or sawn; and
(o) "Tree" includes palms, bamboos stumps, brushwood and canes.
(2) Sec. 2(c), 2(g), 2(o) and 56:- Seizure due to forest offence -Forest Officer's findings based on surmises and conjectures-Bamboo obtained from any private land is not a forest produce -1997 (II) OLR -354.
(3) Sec.2(9) - Siali leaves - whether a forest produce or not -whether Siali plant planted and leaves of such plant obtained, requires transit permit or not - Since the same does not come within the ambil of forest produce, transit permit is not necessary - 32(1990) OJD - 565 (Civil).
(4) Section 2(g) - Orissa Forest Produce and other Timber Transit Rules, 1980 - Rules 4 and 5 - Siali leaves come within the ambit of Forest produce under section 2(g) of the Act - under certain specified conditions, for transport of the said Forest Produce, transit permit is a pre-condition - 32 (1990)-565 OJD (Civil).
(5) Section 2(g) - Orissa Timber and other Forest Produce Transit Rules, 1980 - Rules 2(1) (h), 5 and 7 - whether firewood obtained from forest is a Forest Produce or not? - Held - Yes - 32(1990) OJD-502 (Crimes).
(6) Sec.2(g) - Orissa Timber and other Forest Produce Transit Rules-1980, Rules 2(1) (h), 5 and 7 - Firewood of the forest, is a Forest produce -1990 (II) OLR -400.
(7) Section 2(g) (1) (a), 27(2) (6) and section 27(3) (b) - Accused was found removing sal log from the forest area. It is not an offence under Sec. 27(2) (b) but comes under the purview of Sec.27 (3) (b) -Before amendment in 1983, the punishment for such offence was two (2) years and the period of limitation is three (3) years - The case was disposed of not on its merit but on the point of limitation by the trial court - The finding with regard to limitation was also wrong - Hence acquittal set-aside and case remanded for fresh trial - 1989(II) OLR-441.
Footnotes:
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Clauses (b), (c) and (d) omitted vide O.A. No. 12 of 2003 Notfn. No 6282/Legis. dt. 5.5.2003, O.G.E No 660, dt. 5.5.2003
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Substituted ibid.
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Omitted vide O.A. No.12 of 2002 Notfn. No.6282/Legis. O.G.E. No 660 dt. 5.5.2003.
Chapter: II - OF RESERVED FORESTS
Section 3 - Power to reserve forests
The State Government may constitute any land which is the property of Government or over which the Government have proprietary rights of a reserved forest in the manner hereinafter provided.
Section 4 - Notification by State Government
(1) Whenever it is proposed to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette:
(a) declaring that it is proposed to constitute such land, a reserve forest;
(b) specifying, as nearly as possible, the situation and limits of such lands; and
(c) appointing an officer (hereinafter called "The Forest Settlement Officer") to inquire into and determine the existence, nature and extend of any rights or privileges 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-sec. (1) shall ordinarily be a person not holding any forest office except that of a Forest Settlement Officer.
(3) The Divisional Forest Officer not below the rank of a Range Officer authorised by him in that behalf, may represent the Forest Department at the enquiry conducted under this Chapter.
Section 5 - Bar to accrual of forest rights and bar of suits
(1) 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 on behalf of the State Government or some person in whom such right was vested when the notification was issued; and no fresh clearing or breaking of land for cultivation or for any other purpose or construction of shed or other structures shall be made in such land except in accordance with such rules as may be made by the State Government in that behalf.
(2) Save as otherwise provided in this Act, no Civil Court shall, between the dates of publication of the notification under Section 4 and of the notification to be issued under Section 21, entertain any suit to establish any right in or over any land included in the notification published...
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