Nilgiri Biosphere Reserve

CHAPTER I - PRELIMINARY

1. Short Title and Extent

   This Act may be called the Tamil Nadu Forest Act, 1882. It extends to the whole of the State of Tamil Nadu
   Provided that the Government may, by notification in the Official Gazette, exempt any place from the operation of the whole or any portion of this Act but not so as to affect anything done or any offence committed or any fine or penalty incurred or any proceedings commenced in such place before such exemption, and may in like manner vary or cancel such notification;
   and it shall come into force on such day as the Government may by notification in the Official Gazette direct.
   1-A. The provisions of Chapters VI-A and VI-B shall apply only to the transferred territory.

2. Interpretation clause

   In this Act, and in all Rules made hereunder unless there is something repugnant in the subject or context:-
   

   "Government" means the State Government;

   "Collector" means the Chief Executive Revenue Officer of a district;

   "Forest Officer" means any person appointed by name or as holding an officer by or under the orders of the Government to be a Conservator, Deputy Conservator, Assistant Conservator 6(Extra Assistant Conservator), Forest Ranger, Forester, Forest Guard; or to discharge any function of a Forest Officer under this Act or any rule made there under;

   "District Forest Officer" means the Chief Forest Officer of a District or Officer of a portion of a district if in independent charge of such portion:

   "Tree" includes stumps, bamboos and brushwood;

   "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;

   "Forest Produce" includes the following things when found in, or brought from a Forest (that is to say):-
   Minerals (including limestone and laterite), surface soil, trees, timber, plants, grass, peat, canes, creepers, reeds, fibers, leaves, moss, flowers, fruits, seeds, roots, galls, spices, juice, catechu, bark, cao-utchouc, gum, wood-oil, resin, varnish, lac, charcoal, honey and wax skins, tusks, bones and horns;
   Explanation 1 - In the transferred territory, "forest produce" also includes the following things, whether found in, or brought from, a forest or not, that is to say:-
   timber or trees which are specified to be royalties under section 40-G.
   Explanation II - For the purpose of explanation 1, timber does not include any wood that has been wrought for fashioned such as doors, windows, articles or furniture and boxes

   "Forest offence" means an offence punishable under this Act or any rule made hereunder;

   "Cattle" includes elephants, camels, buffaloes, horses, mares, ponies, colts, fillies, mules, asses, pigs, rams, cows, sheep, lambs, goats and kids.

   "River" includes streams, canals, backwaters, creeks, and other channels, natural or artificial.

   "Land at the disposal of Government" includes all unoccupied land, whether assessed or unassessed; but does not include land the property of land- holders by section 1 of Act VIII of 1865, Tamilnadu (namely), all persons holding under a sanad milkiyat-i-istimrar; all other zamindars short riyamdars, jagirdars, jnamdars and all persons farming lands from the above persons or farming the land revenue under Government; also all holders of land under riyotwar settlements. Or in any way subject to the payment of land-revenue direct to Government, and all other registered holders of land in property right;
   Explanation - In the transferred territory, "land at the disposal of Government" also includes all land occupied temporarily and all land occupied without permission, whether assessed or unassessed, but does not include land being the property of jenmies ro Devaswoms:

   "Magistrate" means a Magistrate of the first or second Class and includes a Magistrate of the third class when he is specially empowered by Government to try forest offences;

   "Imprisonment" means imprisonment of either description as defined in the Indian Penal Code.

   "Scheduled timber" means any timber as specified in the schedule.

   "Transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.

CHAPTER II - RESERVED FOREST

3. Power to reserve forests

4. Notification by the State Government

5. Suits barred

6. Proclamation by Forest Settlement Officer

7. Bar of accrual of Forest rights. Prohibition of clearings etc

8. Enquiry by Forest Settlement Officer

9. Powers of Forest Settlement Officer

10. Claims to right of occupancy and ownership

11. Claims to rights of way watercourse, pasture and to forest produce

12. Provision for rights of pasture or to forest produce admitted

13. Communication of such rights

14. Appeal from order passed under Section 11,12 and 13

15. Appeal under Section 14

16. Notification declaring forest reserved

17. Extinction of rights not claimed & 17-A Power of the State Government to redefine the limits of Reserved Forests in certain cases

18. No rights acquired over reserved forest except as here provided

19. Right continued under Section 12 not to be alienated without sanction

20. Power to stop ways and water-course in reserved forests

21. Penalties for trespass or damage in reserved forests and acts prohibited in such forests.

22. Suspension of rights in reserved forests

23. Persons bound to assist Forest Officer or Police Officer

24. Power to declare forests no longer reserved

25. Forests reserved previous to the passing of this Act

CHAPTER III - PROTECTION OF LAND AT THE DISPOSAL OF GOVERNMENT, NOT INCLUDED IN RESERVED FORESTS.

26. Powers to make rules

27. Powers to close land against pasture

28. Penalties

    28-A. Penalties for breach of Rules under Section 26

CHAPTER IV - THE CONTROL OVER FORESTS AND LANDS NOT AT THE DISPOSAL OF GOVERNMENT OR IN WHICH GOVERNMENT HAS A LIMITED INTEREST

29. On certain lands the breaking up for clearing for cultivation etc., may be regulated or prohibited

30. In case of refusal by owner, Government may take such lands on lease, or acquire them

31. Acquisition of forest or land under the Land Acquisition Act

32. Protection of forests at request of owners

33. Management of forests, the joint property of Government and other persons

34. Persons employed to carry out the Act to be deemed Forest Officers

CHAPTER V - CONTROL OF TIMBER IN TRANSIT

35. Power to make rules to regulated transit of timber

    Power of Government of India to movements of timber across frontiers

    Penalties for breach of rules made under Section 35 in respect of scheduled timber

36. Penalties for breach of rules made under Sections 35 and 35A

    Possession of Sandalwood under licence

    Form and conditions of licence

    Power to cancel or suspend licence

    Appeal

    Penalties

CHAPTER VI - THE FOREST COURT

37. Appointment and constitution of the Forest Court

38. The Judge appointed to be the President

39. Hearing of appeals

40. Court to pass orders which shall be final

CHAPTER VI-A THE COLLECTION OF DRIFT AND STRANDED TIMBER

40-A. Certain kinds of timber to be deemed property of Government until title thereto proved and may be collected accordingly

40-B. Notice to claimant of timber collected under section 40-A

40-C. Procedure on claim preferred to such timber

40-D. Disposal of unclaimed timber

40-E. Payments to be made by claimants before timber is delivered

40-F. Power to make rules and prescribe penalties

CHAPTER VI-B ROYALTIES

40-G. Royalties

40-H. Notice of proposal to cut and remove royalty trees

40-I. Joint Mahazar to be prepared before removal of the trees

40-J. Notice calling claims for Kudivila

40-K. Inquiry by Forest Officer into claims for Kudivila

40-L. Award to be made after the inquiry

40-M. Reference to Court

40-N. Forest Officers statement to Court

40-O. Service of notice

40-P. Scope of inquiry

40-Q. Form of award by Court

40-R. Tendering payment

40-S. Forest Officer to carry out the Court's awards as his own

40-T. Bar of claims to Kudivila

40-U. Rules to be made by Government

40-V. Punishment for felling etc., trees which are royalties

40-W. Other provisions not affected

CHAPTER VII - PENALTIES AND PROCEDURE

41. Seizure of property liable to confiscation

42. Procedure thereupon

43. Timber, forest produce, tools, etc., when liable to confiscation

44. Disposal on conclusion of trial of forest offence of produce in respect of which it was committed

45. Procedure when offenders is not known or cannot be found

46. Procedure in regard to perishable property seized under section 41

47. Appeal from orders under Sections 43,44 or 45

48. Property when to vest in State

49. Saving of power to release property seized

    49-A. Confiscation by Forest Officer in certain cases

    49-B. Issue of show cause notice before confiscation under Section 49-A

    49-C. revision

    49-D. Appeal

    49-E. Award of confiscation no bar for infliction of any punishment

    49-F. Property confiscated to vest with Government

    49-G. Bar of jurisdiction in certain cases

50. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks

51. Power to arrest without warrant

52. Punishment for wrongful seizure or arrest

53. Power to prevent commission of offence

54. Operation of other laws not barred

55. Power to compound offences

56. Presumption that timber or forest produce belongs to the Central or State Government

    56-A. Punishment for habitual offence

    56-B. Certain offences to be non-bailable

    56-C. Offences under the Act to be cognizable

    56-D. Presumption as to commission of offence in respect of scheduled timber

    56-E. Power to amend schedule

CHAPTER VIII - CATTLE TRESPASS

57. Cattle Trespass Act, 1871 to apply

58. Power to alter fines fixed by that Act

CHAPTER IX - FOREST OFFICERS

59. Government may invest Forest Officer with certain powers

60. Forest Officers deemed public servants

61. Indemnity for acts done in good faith

62. Omitted

CHAPTER X - MISCELLANEOUS

63. Additional powers to make rules

64. Rules when to have force of law

    64-A. Rules when to have force of law

65. Government may delegate powers

66. Recovery of money due to Government

67. Lien on forest produce for such money

68. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act

    68-A. Liability if person unauthorisedly occupying any land is reserved forest, etc., to summary eviction