THE INDIAN FOREST ACT, CONTENTS. ARRANGEMENT OF SECTIONS. CHAPTER I. PRELIMINARY. 1. Short title and extent. 2. Interpretation clause. t!OVERNMENT OF INDIA. MINIS'tRY OF LAW. THE INDIAN FOREST ACT, (ACT XVI OP ). (AS MODIFIED UPTO THE 15TH JUNE. ). for a country and the public interest. The Indian Forest Act, was enacted after repealing the Indian Forest Act, for the purpose of consolidating the law.
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XVI of GOVERNMENT OF MAHARASHTRA. LAW AND JUDICIARY DEPARTMENT. The Indian Forest Act, (In its application to the. and the duty leviable on timber and other forest produce. Section 1 – Short title and Extent i) The act is called Indian Forest Act, ii) Extends to whole of India . (1) This Act may be called the Indian Forest Act, 1[(2) It extends to the whole of India except the territories which, immediately before the 1st November, .
But the law has been criticized for years for providing immense discretion and powers to the forest bureaucracy. Forest officials could govern areas declared as forestlands of different types and hence arrest and prosecute forest-dwellers.
What are the key features of amendments? Production forests: The draft introduces a new category of forests named production forests for the purpose of production of timber, pulp, pulpwood, firewood, non-timber forest produce, medicinal plants or any forest species in order to increase production in the country for a certain period. Offence: Some offences that were earlier bailable have been proposed to be made non-bailable. The responsibility of proving innocence in many cases has been left on the accused who are to be presumed guilty till proven otherwise.
Protection: The draft law also proposes to provide immunity to Forest-officer using arms, etc. This is in addition to the immunity provided under section of the Code of Criminal Procedure for certain categories of Public Servant. The immunity under the draft forest law is higher than what other government officers are usually provided.
Even state governments would not be allowed to grant permission for prosecution without first constituting an inquiry by an authority. This applies for Fire is wilfully caused or by negligence in a reserved forest. Theft of forest produce. Grazing by cattle.
Indian Forest Act, 1927
The State Government may then suspend the exercise of all rights of pasture or to forest-produce to all dwellers in the region, for a particular period. Provide for transportation of accused.
Provide essential articles for holding the accused s , armouries, safe custody of arms, ammunition, etc. What are the concerns with the draft? Such provisions affect poor inhabitants and run against the empowering and egalitarian goals under the Forest Rights Act. C; he recognized the importance of the Indian Boscage and appointed high officials for looking after the same.
The entire woodland areas were taken proper care of scientifically, by the management under Emperor Ahoka. The Muslim invasion led to the uprooting many people from their homes.
After the fall of Mughal Empire, India was divided into a number of small kingdoms.
The rulers of these kingdoms were frequently fighting each other. As a result in many areas the particular population were bound to abandon cultivation, moved to other places, started shifting cultivation, and cleared more woodland areas for sizing their needs. The woodland dwellers especially the Tribes who were born within and grew in it along with other indigenous people who resided in the thicket areas from time immemorial.
In , after taking charge of India as British India, Lord Dalhausie the then Governor General promulgated for first time in an outline for Woodland Conservancy for unmitigated India. Issued a memorandum as a charter of Indian Boscage.
In , Dr. Brandis was appointed as the Superintendent of Forest in Pegu Mayanmar. They instantly exercised powers for monopolizing the extortion from these Treasured Areas; thereby initiated a rule and later enacted as a legal binding, which conclusively protected them, providing them exclusivity in the field of such extortion, securing them in extraction of forest products of every nature, from its length and breadth.
Vast quantity of timber was removed for ship building, laying railway tracks. The Indian Woodlands came across several facts and figures by the then British Government through a chronological approach. Starting from British Regime to the last phase of it, the Indian Boscage faced various pros and cons of legality which was made by the British for their vested trading interests , ultimately pushed the Indian Boscage in a situation of jeopardy.
The post colonial period experienced rapid changes of Indian Boscage. It emphasised upon afforestation, scientific management, environmental protection, sustainable development.
After attainment of independence in and declaring itself a Socialist Democratic Republic in , India formed its own laws and legislatures, also continued with many of which, as was laid down by the British.
The Indian Forest Act was one such of the many. The Sovereign country continued with the Indian Forest Act verbatim, which is still in vogue, leading to the fact relating, acceptance and continuance of the British Law over the Forests in India. The Indian Forest Act In the year the seeds of scientific forestry germinated. The East India Company appointed a Commission to enquire into the availability of teak wood. Brandis, a professionally qualified German Forester, was appointed.
In the same year, Dr. Brandis became the first Inspector General of Forests in India. Since in power they made a rule restricting the entry into and exit from the woodland, they even restricted procurement from the copse making them secured for the procurement from the Boscage, for material gains along with earning revenue there from.
So the Indian Forest Act came into being completely on commercial grounds, satisfying the needs of the implementers. But, the definition of Forest was not mentioned in the subject matter of the Act, for reasons unexplainable. It was the beginning of an organized forestry in the Indian Provinces under the British Rule.
Though the Indian Forest Act was the first attempt of a comprehensive forest law in India. In course of time it was felt that the law had many a lacunae, necessitating advent of an amended Act of The then Government of India outlined the policy guidelines, shortly before this Act constituted in superseding the earlier of thereby providing a legal shape to the Act this remained in force till the advent of the Indian Forest Act , which is in force till date.
The Indian Forest Act of is the basic forest law of the Country and applicable in all parts of the country. It may be noted that besides the states previously comprised in the territories of Part B states, the Indian Forest Act does not apply to the states of Andhra Pradesh, Assam and Madras.
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 that State, to which this Act extends and where it is not in force. Scope of the Act. Forests and Forestry is subject of prime importance to the administration of a Country, to preserve and safeguard the forests generally, in India.
Trees and leaves, flowers and fruits and all other parts or produce not hereinbefore mentioned, of tress. Plants not being trees, including grass, creepers, seeds and moss , and all parts and produce of such plants. Wild animals and skins, tusks, horns, bones, silk-cocoons, honey and wax and all other parts or produce of animals and iv.
Peat surface soil, rock and minerals including lime stone, laterite, mineral oils and all products of mine or quarries. Owner includes a Court of wards in respect of property under the Superintendence or charge of such court. All the above factors were elaborately defined but for the definition of the principal object were not mentioned.
The Wild Life Protection Act, , an Act to provide for the protection of some wild animals, birds and plants and for matters connected therewith or ancillary or incidental thereto with a view to ensuring the ecological and environmental security of the country.
The Forest Conservation Act also an Act to provide for the conservation of the forests and for matters connected therewith or ancillary or incidental thereto.
Nevertheless, it is a fact that the description of Forest in the implemented Forest Act has not been mentioned in any form or words. Post Independence the canvas of India totally changed, The Indian Forest Act is in continuation with its same contents in the present date except for a few amendments. The Indian Forest Act being in force till date, the contents of which posed problems in respect of the tribal people and other traditional woodland dwellers, necessitated peering into the matter seriously.
Indian Forest Act 1927
It may be presumed that, implementers of the Act possibly followed the erstwhile feudal system. If it is counterfeited that the British probably were in a hasty condition to monopolize the situation.
Perhaps, took the erstwhile system as granted. The Boscage under independent rulers had different identifications as per the Vedas, Puranas and Upanisad, thereby, it did not require further clarification regarding the subject matter.
The Indian Forest Act, 1927
The changed situation was a consolidated form for the entire country, thereby; the earlier contention could not carry any further. Therefore, the definition of the freshly implemented Act required or called for defining the subject matter elaborately which is missing and not found anywhere.
The Act mentioned of Reserved Forest, Protected Forest, Village Forest and empowerment of the State Government over each individual phenomenon vividly in specified chapters, instead of the said subdue context.
Either relying on the erstwhile situation as it prevailed in the regime of individual rulers or in a haste situation of establishing absolute supremacy over the Indian Bosky, they ignored the matter or their trading skill did not allow them mentioning such an important subject matter, befitting Monarchical pattern of rule.
But democratic policy guidelines always require the requisite curriculum. Thereby, in the present context Democracy demands a logical licit clarification of the captioned subservient to confide in the matter.
It is essential as per the jurisprudence of law that it be logically clarified making it sustainable in the eye of law. References:- 1.Power to release property seized under section 52 Acts prohibited in such forests: Formation of village-forests. They have the difficult responsibility of retaining the quality and extent of forest cover. How the present Governance overlooked essentiality of such legal bindings?
Forest-produce, tools, etc. Penalties for breach of rules Brandis became the first Inspector General of Forests in India.
Seizure of property liable to confiscation.