FOREST ACT: (The India Forest Act 1927, 16 of 1927)

Section 1: Short title and extent:

1. This act may be called the Indian Forest Act 1927.

2. [ It extends to the whole of India except the territories which immediately before the
1 st November, 1956, were comprised in Part B States].
3. It applies to the territories which, immediately before the 1 st November, 1956, were
comprised in the States of Bihar, Bombay, Coorg, Delhi, Madhya pradesh, Orissa,
Punjab, Uttar Pradesh, and West Bengal; but the Government of any State may by
notification in the official Gazette bring this Act into force in the whole or any
specified part of the State to which this Act extends and where it is not in force.]

Section 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 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.
(3) “forest offence” means an offence punishable under this Act under any rule made
there under;
(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, 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
herein before mentioned, of trees.
(ii) Plants not being trees (including grass, creepers, reed and moss0 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 animals, and;
(iv) Peat, surface soil, rock and minerals (including lime stone, laterite,
mineral oils, and all products of mines or quarries);

(6) “timber” includes trees when they have fallen or have been f elled, and all wood
whether cut up or fashioned or hollowed out for any purpose or not; and;

(7) “tree” includes palms, bamboos, stumps, brush wood and cans.
 Section 3. Power to reserve forests.- The State 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 entitled, a reserved forest in the manner hereinafter provided.

Section 4. notification by State Government.- (1) Whenever it has been decided to

constitute any land a reserved forest, State Government shall issue a notification in the
official gazette.

Section 26. Act of prohibited in such forests.-

(1) Any person who-
(a) make any fresh clearing prohibited by Section 5, or
(b) sets fire to a reserved forest, or, in contravention of any rules made by the State
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 fo rest,-
(c) kindles, keeps or carries any fire except at such seasons as the Forest officer may
notify in this behalf;
(d) trespasses or pastures cattles or permits cattle to trespass;
(e) causes any damage by negligence in felling any tree or cutting a dragging any
timber;

(f) fells, girdles, lops, tops or burns any tree or strips off the bark or leaves from, or
otherwise damages, the same;
(g) quarries stone, burns lime or charcoal, collects, or 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 or sets traps or snares; or
(j) in any area in which the Elephants Preservation Act 1879 (6 of 1879), is not in
force, kills or catches elephants in contravention of an y rules so made;

Section 29. Protected forests.- (1) The State Governments may, by notification in the
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 whi ch 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 land 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 Settlemen t,
or in such other manner as the state 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 waste land, the
state 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 state government may, pending such inquiry and record, declare such land to be a
protected forest, but so as not to a bridge or affect any existing rights of individuals or
communities.

Section 45. Certain kinds of timber to be deemed properly of government until title
there to proved, and may be collected accordingly-

(1) All timber found a drift, beached, stranded or sunk-

all wood or timber bearing marks which have not been registered in
accordance with the rule made under Section 41, or on which the marks have been
obliterated, altered or defaced by fire or otherwise; and

in such area as the state 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 or any rule made under Section 5 and may be brought to any
depot which the Forest Officer may notify as a depot for the reception of drift timber.

(3) The state government may, by notification in the official gazette exempt any
class of timber from the provisions of this section.

Section 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, carts, 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 to 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 officer makes, as soon as may be, a report of
the circumstances to his official superior.

Section 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, carts or cattle under section 52, may release the same on the execution by the
owner thereof a board 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.

Section 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 pers on 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 in
charge of the nearest police station.

(3) Nothing in this section shall be deemed to authorize s uch arrest for any act which
is an offence under chapter IV unless such act has been prohibited under clause (o) of
section 30.

Section 65. Power to release on a bond a person arrest.- 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 chasse or
before the officer in charge of the nearest police station.

Section 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.