(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 the1Government], or who
receives emoluments from the1[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.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 79.-In sub-section (2), in the long line, for the words shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees substitute the words, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees.
Section 79A to 79C.-After section 79, insert the following sections, namely:-
79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.-(1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this Act, be summarily ejected by order of a forest officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture:
Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed.
(2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82.
(3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned Chief Conservator of Forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against.
(4) On receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly.
(5) The order passed on the appeal by the Chief Conservator of Forests shall be final.
79B. Summary action by Deputy Commissioner in fire cases.- If in any case under clauses (a) and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within which the forest concerned is situated after local enquiry made in a summary and administrative manner, either by himself, or through a Tehsildar deputed by him for the purpose, that any such person or village or other community has neglected to give such information or to render such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well as direct payment of compensation for damage to Governments property by, such person, village or other community or such individual member of such village or other community as may be determined in consultation with the Divisional Forest Officer and all fines imposed under this section shall be recoverable as arrears of land revenue.
79C. Appeal against order of Deputy Commissioner.- An appeal against every order passed under section 79B may be made to the concerned Divisional Commissioner whose decision thereon shall be final.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Order No. S.O.3774(E), dated (23-10-2020).]
Uttar Pradesh
Amendment of section 79—In section 79 of the principal Act, for the words "one month, or fine which may extend to five hundred rupees ", the words "one year, or with fine which may extend to two thousand rupees ", shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 19]
1. Subs. by the A.O. 1950, for "Crown ".
(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.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 79.-In sub-section (2), in the long line, for the words shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees substitute the words, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees.
Section 79A to 79C.-After section 79, insert the following sections, namely:-
79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.-(1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this Act, be summarily ejected by order of a forest officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture:
Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed.
(2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82.
(3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned Chief Conservator of Forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against.
(4) On receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly.
(5) The order passed on the appeal by the Chief Conservator of Forests shall be final.
79B. Summary action by Deputy Commissioner in fire cases.- If in any case under clauses (a) and (b) of sub-section (1) of section 79, it appears to the Deputy Commissioner of the district within which the forest concerned is situated after local enquiry made in a summary and administrative manner, either by himself, or through a Tehsildar deputed by him for the purpose, that any such person or village or other community has neglected to give such information or to render such assistance as is required thereby, he may impose a fine not exceeding one thousand rupees on, as well as direct payment of compensation for damage to Governments property by, such person, village or other community or such individual member of such village or other community as may be determined in consultation with the Divisional Forest Officer and all fines imposed under this section shall be recoverable as arrears of land revenue.
79C. Appeal against order of Deputy Commissioner.- An appeal against every order passed under section 79B may be made to the concerned Divisional Commissioner whose decision thereon shall be final.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Order No. S.O.3774(E), dated (23-10-2020).]
Uttar Pradesh
Amendment of section 79—In section 79 of the principal Act, for the words "one month, or fine which may extend to five hundred rupees ", the words "one year, or with fine which may extend to two thousand rupees ", shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 19]
1. Subs. by the A.O. 1950, for "Crown ".