79. Persons bound to assist Forest-officers and Police-officers.—(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 the 3
[Government], or who
receives emoluments from the 3
[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;
1. Subs. by the A.O. 1950, for “Provincial Government”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
3. Subs. by the A.O. 1950, for “Crown”.
38
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 Government‘s 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).]
39
80. Management of forests the joint property of 1
[Government] and other persons.—(1) If the
1
[Government] and any person be jointly interested in any forest or waste-land, or in the whole or any part
of the produce thereof, the 2
[State Government] may either—
(a) undertake the management of such forest, waste-land or produce, accounting to such person
for his interest in the same; or
(b) issue such regulations for the management of the forest, waste-land or produce by the person
so jointly interested as it deems necessary for the management thereof and the interests of all parties
therein.
(2) When the 2
[State Government] undertakes under clause (a) of sub-section (1) the management of
any forest, waste-land or produce, it may, by notification in the 3
[Official Gazette] , declare that any of the
provisions contained in Chapters II and IV shall apply to such forest, waste-land or produce, and
thereupon such provisions shall apply accordingly.
81. Failure to perform service for which a share in produce of 1
[Government] forest is
employed.—If any person be entitled to a share in the produce of any forest which is the property of
1
[Government] or over which the 1
[Government] has proprietary rights or to any part of the forestproduce of which the Government is entitled upon the condition of duly performing any service
connected with such forest, such share shall be liable to confiscation in the event of the fact being
established to the satisfaction of the 2
[State Government] that such service is no longer so performed:
Provided that no such share be confiscated until the person entitled thereto, and the evidence, if any,
which he may produce in proof of the due performance of such service, have been heard by an officer
duly appointed in that behalf by the 2
[State Government] .
82. Recovery of money due to Government.—All money payable to the Government under this
Act, or under any rule made under this Act, or on account of the price of any forest-produce, or of
expenses incurred in the execution of this Act in respect of such produce, may, if not paid when due, be
recovered under the law for the time being in force as if it were an arrear of land-revenue.
STATE AMENDMENTS
Maharashtra
Amendment of section 82 of Act 16 of 1927.—In section 82 of the principal Act, the words and
figures “or on account of compensation or value of property agreed to be paid under section 68” shall be
deleted.
[Vide Maharashtra Act 21 of 2015, s. 20].
Orissa
Amendment of section 82, (16 of 1927).—For section 82 of the Indian Forest Act, 1927 (16 of
1927), the following section shall be substituted, namely:—
“82. All money, other than fines, payable to the State Government under this Act, or any rules made
thereunder, or on account of timber or other forest produce, or of expenses incurred in the execution of
this Act in respect of timber or other forest produce, or under any contract relating to timber and other
forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its
cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction
or by invitation of tenders, issued by or under the authority of a Forest Officer and all compensation
awarded to the State Government under this Act, may, if not paid when due, be recovered, under the law
for the time being in force, as if it were an arrear of land-revenue.”
[Vide the Orissa Act 25 of 1952, s. 2]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 82.-For section 82, substitute the following section, namely:–
1. Subs. by the A.O. 1950, for “Crown”.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
40
82. Recovery of money due to Government.– All money payable to the Government under this Act
or under any rule made under this Act, or on account of the price of timber, or other forest produce, or of
expenses incurred in execution of this Act in respect of timber and other forest produce, or under any
contract relating to timber and other forest produce including any sum recoverable there under for breach
thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber
or other forest produce by auction or by invitation of tenders, issued by or under authority of a forest
officer and all compensation awarded to the Government under this Act shall, if not paid when due, be
recovered, under the law for the time being in force, as if it were an arrear of land revenue.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020).]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 82-A to 82-H.-After section 82, insert the following sections, namely:-
82-A. Recovery of penalties due under a bond.-When in respect of any forest lease any person binds
himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument
that he, or that he and his servant and agents will abstain from any act, the whole sum mentioned in such
bond or instrument as the amount to be paid in case of a breach of the conditions thereof shall
notwithstanding anything in section 74 of the Indian Contract Act, 1872, be recovered from him in case of
such breach as if it were an arrear of land revenue.
82-B. Restoration of advantage or benefit or payment of compensation.–Notwithstanding anything
contained in this Act or in the Indian Contract Act, 1872, or in any other law for the time being in force,–
(a) where any transaction or lease relating to sale of forest produce or extraction of timber from any
forest is or is discovered to be void only on the ground that the transaction or lease is not in conformity
with the provisions of article 299 of the Constitution of India or any order or direction issued
thereunder, any person who has received any advantage or has enjoyed any benefit by virtue of such
transaction or lease shall be bound to restore it or to make compensation for it, to the person or party
from whom he received it;
(b) the extent of any advantage or benefit or the amount of compensation payable in lieu thereof,
referred to in clause (a), shall be determined in accordance with the provisions of this Act and the
value of the advantage or benefit or the amount of compensation so determined shall be recoverable as
arrears of land revenue.
82-C. Constitution of Authority.–For the purposes of determining the extent of advantage or benefit
or the value thereof or the amount of compensation under section 82-B, the Government of Union
territory of Jammu and Kashmir shall, by notification in the Official Gazette, constitute, as and when
necessary, an Authority consisting of one or more members having such qualification and experience and
on such terms and conditions as may be prescribed and where the Authority consists of more than one
member, one of them may be appointed as Chairperson thereof.
82-D. Powers of the Authority.-(1) The Authority shall, for purposes of holding inquiry for
determining the extent of advantage or benefit or value thereof or the amount of compensation, as the
case may be, under section 82-B, have all the powers of a civil court while trying a suit under the Code of
Civil Procedure, 1908 in respect of the following matters, namely:–
(a) summoning and enforcing the attendance of any person or witness and examining him on oath
or solemn affirmation;
(b) requiring the discovery or production of any document relating to the subject matter of inquiry;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof relating to the subject matter of inquiry from
any court or office; and
41
(e) issuing commissions for examination of witnesses, documents or other books of accounts
relating to the subject matter of inquiry.
(2) The Authority shall also have power to issue a commission to such person as it considers fit for
local investigation which may be requisite or proper for the purpose of elucidating any matter which is the
subject matter of inquiry or of ascertaining the market value of any property.
(3) The person directed to execute a commission for any purpose under this section shall have all the
powers of a commissioner appointed by a Civil Court in pursuance of the provisions of the Code of Civil
Procedure, 1908 (5 of 1908).
(4) The Authority shall have the power to pass such orders as it thinks fit for the seizure, attachment,
management, preservation, interim custody or sale of any forest produce or timber (wherever it may be in
the State) which may be the subject matter of proceedings before it including the appointment of a
receiver for any of the aforesaid purposes.
82-E. Restriction on alienation.–(1) Notwithstanding anything contained in any law for the time
being in force,–
(a) where at any stage of the inquiry, the Authority is satisfied by affidavit or otherwise that a
person liable to restore any advantage or benefit or to pay compensation in lieu thereof under any
transaction or lease referred to in section 82-B, is likely to alienate his movable or immovable property
with intent to evade payment or to defeat the recovery, of the advantage or benefit or the value thereof
or the amount of compensation, that may be determined by him, it may by order in writing direct that
such person shall not alienate his movable and immovable property or such portion thereof, as it may
specify in the order, during the pendency of the inquiry;
(b) any alienation of property made in contravention of any order or direction issued under
clause (a) shall be void, and no transferee of such property shall be deemed to have acquired any right,
title or interest therein.
Explanation.–For the purposes of this section “alienation” includes mortgage, sale, gift, bequest,
benami transaction, family settlement or any other mode of transfer of any right, title or interest in the
property.
(2) For removal of doubts it is hereby declared that restrictions imposed under this section on the
rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable
restrictions.
82-F. Procedure to be followed by the Authority.-(1) The Authority shall, subject to any rules made
by the Government of Union territory of Jammu and Kashmir in this behalf, have power to regulate its
own procedure in all matters arising out of or connected with the discharge of its functions, in consonance
with the principles of natural justice.
(2) The parties shall have a right of being represented by counsel.
82-G. Appeal.–(1) Any person aggrieved by a final order of the Authority, determining the extent of
advantage or benefit or value thereof or the amount of compensation under section 82-B, may, within
thirty days of the date of the order, file an appeal against such order before the High Court and every such
appeal shall be heard by a Division Bench of the High Court.
(2) No other order of the Authority shall be appealable.
(3) The order of the Authority shall, subject to the decision of the High Court under sub-section (1) in
appeal, be final and shall be deemed to be a certificate within the meaning of section 90 of the Jammu and
Kashmir Land Revenue Act, 1996.
(4) No further appeal shall lie against the decision of the High Court.
82-H. Exclusion of jurisdiction of Civil Court.- No Civil Court shall have jurisdiction to entertain
any suit or other proceeding in respect of any matter which the Authority has taken cognizance of under
section 82-B.
42
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020).]
83. Lien on forest-produce for such money.—(1) When any such money is payable for or in respect
of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such
produce may be taken possession of by a Forest-officer until such amount has been paid.
(2) If such amount is not paid when due, the Forest-officer may sell such produce by public auction,
and the proceeds of the sale shall be applied first in discharging such amount.
(3) The surplus, if any, if not claimed within two months from the date of the sale by the person
entitled thereto, shall be forfeited to [Government].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 83A. – After section 83, insert the following section, namely:–
83A. Restriction on alienation.–(1) Notwithstanding anything contained in the Transfer of Property
Act 1882, or in any other law for the time being in force, no property offered by a forest lessee or by any
other person on behalf of a forest lessee, as security for payment of royalty, interest, compensation,
penalty or any other amount chargeable from the forest lessee, under any lease deed, bond or instrument
shall be alienated without the previous permission of the Government of Union Territory of Jammu and
Kashmir, till such time as the Chief Conservator of Forests certifies that such forest lessee has duly
performed all the obligations devolving upon him under such lease deed, bond or instrument.
(2) Any alienation of property made in contravention of sub-section (1) shall be void, and no
transferee of such property shall be deemed to have acquired any right, title or interest therein.
(3) Any amount of royalty, interest, compensation or penalty or any other sum falling due from a
forest lessee under any lease deed, bond or instrument shall be recoverable as arrears of land revenue in
accordance with the law for the time being in force, from the property offered by him or on his behalf as
security and from any other movable or immovable property owned by the forest lessee.
Explanation.– For the purposes of this section,
(a) “alienation” includes sale, gift, exchange, bequest, mortgage, benami transaction, family
settlement or any other mode of transfer of any right, title or interest therein or creation of any
encumbrance threreon;
(b) the expression “forest lessee” shall be construed to mean a person in whose favour a right to
convert and remove forest produce from any forest has been granted under any lease deed, bond or
instrument.
(4) For removal of doubts it is hereby declared that restriction imposed under this section on the
rights conferred by clause (1) of article 19 of the Constitution of India shall be deemed to be reasonable
restrictions.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020).]
84. Land required under this Act to be deemed to be needed for a public purpose under the
Land Acquisition Act, 1894.—Whenever it appears to the State Government that any land is required for
any of the purposes of this Act, such land shall be deemed to be needed for a public purpose within the
meaning of section 4 of the Land Acquisition Act, 1894 (1 of 1894).
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 84A.-After section 84, insert the following section, namely:-
84A. Application of the Act to land.- The Government may, by notification in the Official Gazette,
declare that any of the provisions of this Act shall apply to any land which is the property of the
Government of the Union territory of Jammu and Kashmir or the Central Government, and thereupon
such provisions shall apply to such land accordingly.
43
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification
No. S.O. 1123(E) dated (18-3-2020).]
85. Recovery of penalties due under bond.—When any person, in accordance with any provision of
this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to
perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and
agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to
be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the
Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an
arrear of land-revenue.
1
[85A. Saving for rights of Central Government.—Nothing in this Act shall authorise a
Government of any State to make any order or do anything in relation to any property not vested in that
State or otherwise prejudice any rights of the Central Government or the Government of any other State
without the consent of the Government concerned.]
86. [Repeals].—Rep. by the Repealing and Amending Act, 1948 (2 of 1948), s. 2 and the Schedule.
THE SCHEDULE.—[Enactments repealed.] Rep. by s. 2 and the Schedule, ibid.