The Odisha Forest Act, 1972

Preamble

Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY No. 1014-D Dated. 14 July, 1972 ODISHA ACT 14 OF 1972 (Assented to by the President on the 29th June, 1972) An Act to consolidate and amend the laws relating to the protection and management of forests in the State. Be it enacted by the legislature of the State of Odisha in the Twenty- third year of the republic of India as follows : 1Statement of Objects and Reasons : There are now to Forest Acts in application in the State of Odisha, i.e. the Indian Forest Act, 1927 and the Madras Forest Act, 1882. Except for the Districts of Koraput, Ganjam and part of Phulbani districts (Baliguda and G. Udayagiri Taluks) where the Madras Forest Act, 1882 is in force, the rest of the area is covered by the Indian Forest Act, 1927. The existence of two Acts quite often creates confusion and also administrative difficulty. The existence of the two Acts imposed an extra strain on the Government machinery with no commensurate advantage and this could be avoided by one unified Act. The necessity for a unified Forest Act was felt quite early and in pursuance of that, a Bill was introduced in the State Legislative Assembly in the year 1942. But for reasons unknown this was dropped. The necessity for such an Act has been commanded by the Forest Enquiry Committee of Odisha in its report in 1959.

Sections

Type to filter. 89 sections.

1. 2
2. 3Power to reserve forests
3. 4Notification by State Government
4. 5Bar to accrual of forest rights and bar of suits
5. 6Proclamation by Forest Settlement Officer
6. 7Inquiry by the Forest Settlement Officer
7. 8Power of Forest Settlement Officer
8. 9Extinction of rights
9. 10Claims relating to practice of shifting cultivation
10. 11Power to acquire land over which right is claimed
11. 12Claims to right of way, right to water-course or to use of water, etc
12. 13Record to be made by the Forest Settlement Officer
13. 14Record where he admits claims
14. 15Exercise of rights admitted
15. 16Commutation of rights
16. 17Appeal from orders passed under Section 11, 12, 15 or 16
17. 18Appeal under Section 17
18. 19Power of revision
19. 20Pleaders
20. 21Notifications declaring forest reserved
21. 22Publication of translation of such Notification in neighbourhood of forests
22. 23Powers to revise arrangement made under Section 15 or Section 18
23. 24No right to be acquired over reserved forest except as herein provided
24. 25Rights not to alienate without sanction
25. 26Power of stop ways and water courses in reserved forests
26. 27Offences
27. 28Suspension of rights in reserved forest
28. 29Power to declare Forest no longer reserved
29. 30Constitution of village forest
30. 31Power to make rules for village forests
31. 32Inquiry into and settlement of rights
32. 33Protected forest
33. 34Power to issue notification reserving trees, etc
34. 35Publication or translation of such notification in neighbourhood
35. 36Powers to make rules for protected forests
36. 37
37. 38
38. 39Protection of forests for special purpose
39. 40Power to assume management of forests
40. 41Acquisition of forests in certain cases
41. 42Prohibition of cutting fruits - bearing trees
42. 43Protection of forests at request of owners
43. 44Management of forests, the joint-property of Government and other person
44. 45Power to make rules to regulate transit of forest produce
45. 46Penalty for breach of rules made under Section 45
46. 47Government and forest officers not liable for damage to forest produce at Depot
47. 48All persons bound to aid in case of accident at Depot
48. 49
49. 50Notice to claimants of drifit timber
50. 51Procedure on claim preferred to such timber
51. 52Disposal of unclaimed timber
52. 53Government and its officers not liable for damages to such timber
53. 54Payments to be made by claimant before timber is delivered to him
54. 55Power to make rules and prescribe penalties
55. 56Seizure of property liable to confiscation
56. 57
57. 58Action after seizure
58. 59
59. 60
60. 61Procedure when offender not known, or cannot be found
61. 62Procedure as to perishable property seized under Section 56
62. 63Appeal from order under Section 59, 60 or 61
63. 64Property when to vest in Government
64. 65Saving of power to release property seized
65. 66Punishment for wrongful seizure
66. 67
67. 68Powers to arrest without warrant
68. 69Power to release on a bond a person arrested
69. 70Power to prevent commission of offence
70. 71Power to try offence summarily
71. 72Power to compound of offences
72. 73Presumption that forest produce belongs to Government
73. 74Operation of other laws not barred
74. 75Cattle Trespass Act, 1871 to apply
75. 76Power to alter fines fixed under the Cattle Trespass Act, 1871
76. 77State Government may invest forest officers with certain powers
77. 78Forest Officers deemed to be public servants
78. 80Forest Officers not to trade
79. 81Special provision for reserved forests in the merged territories
80. 82Additional powers to make rules
81. 83Penalties for offences not otherwise provided for
82. 84Persons bound to assist Forest Officers and Police Officers and duties of such officers
83. 85Punishment for abetment of forest offences
84. 86Failure to perform service for which a share in produce of Government forest is enjoyed
85. 87Recovery of money due to Government
86. 88Lien on forest produce for such money
87. 89Recovery of penalties due under bond
88. 90
89. 91Repeal and savings