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Government of West Bengal Government of West Bengal Government of West Bengal Government of West Bengal Government of West Bengal Forest Department Compendium Compendium Compendium Compendium Compendium of of of of of Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders (FARO) (FARO) (FARO) (FARO) (FARO) March - 2011 arch - 2011 arch - 2011 arch - 2011 arch - 2011 Principal Chief Conservator of Forests rincipal Chief Conservator of Forests rincipal Chief Conservator of Forests rincipal Chief Conservator of Forests rincipal Chief Conservator of Forests (Head of Forest Force) West Bengal Aranya Bhaban Block-LA-10A, Salt Lake, Kolkata-700098

Compendium of Forest Acts, Rules and Orders · 2021. 1. 16. · compendium of Forest Acts, Rules and orders has been prepared. The officers of Forest Directorate at various levels

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  • Government of West BengalGovernment of West BengalGovernment of West BengalGovernment of West BengalGovernment of West Bengal

    Forest Department

    Compendium Compendium Compendium Compendium Compendium of of of of of

    Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders Forest Acts, Rules and Orders

    (FARO)(FARO)(FARO)(FARO)(FARO)

    MMMMMarch - 2011arch - 2011arch - 2011arch - 2011arch - 2011

    PPPPPrincipal Chief Conservator of Forestsrincipal Chief Conservator of Forestsrincipal Chief Conservator of Forestsrincipal Chief Conservator of Forestsrincipal Chief Conservator of Forests(Head of Forest Force)

    West BengalAranya Bhaban

    Block-LA-10A, Salt Lake, Kolkata-700098

  • Compiled and edited by : Shri Sarajit Kumar Sen, I.F.SShri Rohit Tiwari, I.F.S.Shri Gautam Chatterjee ,W.B.F.S.Shri Narendra Kumar Pandey, I.F.S.Shri Anup saha, I.F.S.Shri Subhankar Sengupta ,I.F.S.

    Designed by : Shri Gautam Chatterjee ,W.B.F.S.

    This is a compilation of various Acts,Rules,Orders,Circulars,Notifications etc. publishedtime to time by the Government of India and Government of West Bengal. Efforts havebeen made to compile all such documents chronologically. If there is any confusionregarding any of such document, kindly refer to the original documents maintained bythe above mentioned authorities.

    Published by : Divisional Forest Officer, Publicity DivisionAranya Bhaban, Block-LA-10A, Sector-III,Salt Lake City, Kolkata-700098

    Printed by: M/s Silpabarta Printing Press Ltd.Tangra Industrial Estate25 & 27 Canal South Road, Kolkata-700015

  • PREFACE

    The Bengal Presidency Forest Manual Part-I was first published in 1916 and thereafter reprinted in 1939.

    Part-II of the said Manual was first published in 1939. The Forest Manual was prepared for the purpose of ready

    reference to Forest Acts, Rules, Procedures and Govt. Orders which are frequently required in course of functioning

    of the forest officers.

    The West Bengal Forest Manual, Part-I and Part-II were subsequently compiled in the Directorate of Forest

    under the guidance of Late K.L. Lahiri, IFS (Retd.), the then CCF, West Bengal, after incorporation of changes

    relating to later enactments and certain irrelevant sections had been omitted.

    However, though the structure and functioning of West Bengal Forest Directorate have undergone major

    changes over the last few decades, yet the difficult task of revising the West Bengal Forest Manual could not be

    achieved till the recent past, in spite of repeated efforts to do the same.

    It is needless to mention that the forest officers at the Directorate Headquarters and field level have to

    continuously refer to the latest Acts, Rules, Procedures and Govt. Orders for correct and effective functioning.

    Since the formal revision of Part-I and Part-II of West Bengal Forest Manual could not be carried out in

    spite of all efforts, an effort was made at the Directorate level to prepare a compendium of all such Acts, Rules

    and Procedures which can be readily referred to by the officers at various levels. With this objective in view, this

    compendium of Forest Acts, Rules and orders has been prepared. The officers of Forest Directorate at various

    levels have put in their best efforts to make this compendium as encompassing as possible. Since the work of

    preparation of the compendium was completed in a short time, it is possible that there may be a few typographical

    mistakes which may be pointed out by the reader whenever it is observed. This compendium is only for

    reference purpose and should not be quoted and referred to in any legal matter.

    It is expected that the upgradation of the compendium will be a continuous process and necessary action

    will be taken to update this compendium every year, if need be.

    I must specially thank Sri S.K. Sen, IFS, Sri Rohit Tiwari, IFS, Sri Gautam Chatterjee, WBFS,

    Sri N.K.Pandey, IFS and Sri Anup Saha, IFS of the Forest Directorate who took active part in preparing this

    compendium of Forest Acts, Rules and orders (FARO).

    (Dr. A.K. Raha )

    Principal Chief Conservator of Forests

    General, West Bengal.

    Dated, Kolkata,

    The 26th March, 2012.

  • fdsg

  • CONTENTS

    CHAPTER 1Powers of officers under the Indian Forest Act 1927 and Wildlife (Protection) Act, 1972

    Sl. No Subject Matter Page No.

    1 Powers of Forest Officers under the Indian Forest Act and Wildlife Protection act 1

    2 Authorisation of officers for the purposes of various sections of the Wildlife 6(Protection) Act, 1972

    3 Authorisation of officers for the purposes of section 55 of the Wildlife (Protection) 7Act, 1972

    4 Appointment of DFOs as Ex-officio Wildlife Wardens 8

    5 Appointment of Conservators of Forests as Ex-officio Deputy 10Chief Wildlife Wardens

    6 Appointment of Chief Conservators of Forests as Ex-officio Addl. 11Chief Wildlife Wardens

    7 Delegation of powers to the Chief Conservator of Forests & Ex-officio 12Additional Chief Wildlife Wardens under Wildlife (Protection) Act, 1972

    8 Authorisation of officers for the purposes of section 50 of the Wildlife 13Protection Act,1972

    9 Authorisation of DFOs for the purpose of sub section (1) of section 59A of 14Indian Forest Act,1927

    10 Authorisation of CFs under section 59C of Indian Forest Act, 1927 16

    11 Appointment of Bana Shramiks / Bana Majoors to discharge the functions 17of Forest Officers

    12 Authorisation of police officers for the purposes of section 55 of the Wildlife 18(Protection) Act, 1972

    CHAPTER 2Acts and Rules

    Sl. No Subject Matter Page No.

    1 Indian Forest Act- 1927 19

    2 The Wild Life (Protection) Act, 1927 45(Amended up to 2006)

    3 The West Bengal Trees (Protection and Conservation in Non Forest Areas) Act 2006 167 175

    4 The West Bengal Trees (Protection and Conservation in Non Forest Areas) 175Rules,2007

    5 Appointment of competent authorities for the purposes of the West Bengal Trees 192(Protection and Conservation in Non Forest Areas) Act, 2006

    6 Appointment of appellate authorities for the purposes of the West Bengal Trees 193(Protection and Conservation in Non Forest Areas) Act, 2006

    7 Appointment of designated agencies for the purposes of the West Bengal Trees 194(Protection and Conservation in Non Forest Areas) Act, 2006

  • 8 Authorisation of officers to accord sanction required under section 12 of the 195West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006

    9 Appointment of compounding authorities for the purposes of the West Bengal 196Trees (Protection and Conservation in Non Forest Areas) Act, 2006

    10 West Bengal Forest Produce Transit Rules, 1959 197

    11 Forest Produce Transit Rules for the 24- Parganas division 200

    12 Rules for the measurement and regulation of boats used for transit of timber 209of forest produce in the 24 –Parganas forest division

    13 The West Bengal Forest (Establishment and Regulation of Saw Mills and other 211Wood-Based Industries) Rules, 1982

    14 The West Bengal Protected Forests Rules 224

    15 The West Bengal Private Forests Act, 1948 226

    16 The Biological Diversity Act, 2002 250

    17 The Biological Diversity Act, 2002 284

    17a Authorisation of officers to file complaints under section 61(a) of the 313Biological Diversity Act, 2002

    17b Authorisation of forest officers to file complaints under section 61(a) of the 313Biological Diversity Act, 2002

    CHAPTER 3The Forest (Conservation) Act, 1980 and Rules and Guidelines thereunder

    Sl. No Subject Matter Page No.

    1 The Forest (Conservation) Act,1980 (with 1988 amendment) 315

    2 The Forest (Conservation) Rules, 2003 317

    3 Clarification on repair and maintenance of roads constructed on forest lands for 329public purpose prior to 1980

    4 Guidelines for diversion of forest land for non-forest purposes under the Forest 331(Conservation) Act –General Approval under Section 2 of Forest (Conservation) Act

    5 Clarification regarding plantation of Jatropha on forest land 334

    6 Guidelines for diversion of forest land for non-forestry purposes under Forest 335(Conservation) Act, 1980 –Guidelines for collection of Net Present Value

    7 Diversion of forest land for non-forest purposes under the Forest (Conservation) 339Act, 1980—ensuring compliance of the Scheduled Tribes and Other TraditionalForest Dwellers (Recognition of Forest Rights) Act, 2006

    8 Guidelines for diversion of forest land for non-forest purposes under the Forest 341(Conservation) Act –General Approval under Section 2 of Forest (Conservation) Act

    9 Guidelines for diversion of forest land for non-forest purposes under the Forest 342(Conservation) Act- procedure for utilising the land for approach/exit road topetrol/CNG pumps

    10 Guidelines for transfer of lease from one user agency to another user agency 343

  • CHAPTER 4The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

    Sl. No Subject Matter Page No.

    1 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of 345Forest Rights) Act, 2006

    2 Constitution of state level monitoring committee for proper implementation of the 354Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of ForestRights) Act, 2006

    3 Clarification regarding the phrase “primarily reside in and who depend on the forest 355or forest lands for bona fide livelihood needs” appearing in sections 2(c) and 2(o)of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition ofForest Rights) Act, 2006

    4 Implementation of the Scheduled Tribes and Other Traditional Forest Dwellers 356(Recognition of Forest Rights) Act, 2006 in the State of West Bengal

    5 Constitution of Joint Committee of the Ministry of Environment & Forests and 357Ministry of Tribal Affairs

    6 Clarification regarding raising of non-forestry crops on patta land allotted 359under Scheduled Tribes and other Traditional Forest Dwellers (Recognition ofForest Rights) Act, 2006

    7 Minutes of meeting regarding implementation of provision of PESA in 360LWE affected Districts

    8 Implementation of the Scheduled Tribes and other Traditional Forest Dwellers 362(Recognition of Forest Rights) Act, 2006— clarification regarding raising ofnon-forestry crops on patta land allotted under FRA 2006

    9 Procedure for seeking prior approval for diversion of forest land for non-forest 363purposes for facilities managed by the Government under Section 3(2) of theScheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)Act, 2006.

    CHAPTER 5Orders relating to Joint Forest Management

    Sl. No Subject Matter Page No.

    1 Management of strip plantations 369

    2 Arabari Social-economic forest complex –allowing usufructory rights to 375fringe population

    3 Sanction of usufructs to the beneficiaries of F.P.C.s in Joint Forest Management— 376appropriation of 25% Sale Proceeds of Cashew and Timber for payment ofusufructuary share

    4 Resolution on Eco-development Committees 377

    5 Resolution on JFM Committees in Jalpaiguri, Coochbehar, Darjeeling (excluding 382DGHC areas), Malda, Murshidabad, Nadia, Uttar Dinajpur, Dakshin Dinajpurand Hooghly

    6 Resolution on JFM Committees in Darjeeling Gorkha Hill Council areas 386

    7 Resolution on JFM Committees in the districts of South West Bengal 391

  • CHAPTER 6CITES and India

    Sl. No Subject Matter Page No.

    1 CITES and India 397

    2 Text of the Convention 398

    3 Indian Species in the appendices of CITES 412

    CHAPTER 7Rules and Orders relating to Financial Matters as applicable to the Forest Directorate

    Sl. No Subject Matter Page No.

    1 Delegation of Financial Powers Rules,1977 (amended) 421

    1a Schedule A 430

    2 Amendment to West Bengal Financial Rules, Volume I (Rules relating to execution of 439contracts and measures to be adopted while making purchases and executing works)

    3 Execution of contracts and assurances by officers of the Forest Directorate, 449West Bengal

    4 Checking of estimates and drawing of plans relating to construction, repair of 452buildings and roads maintained by the Forest Department

    5 Accounting Procedure to be followed for implementation of NREGS and similar 453schemes

    5a Register of Forest Deposit/Forest Advance for NREGS 455

    6 Procedure for disposal of forest produce 456

    7 Terms and Conditions of Auction Sale of timber lots in North Bengal 461

    CHAPTER 8Recruitment Rules for various cadres under Forest Directorate, West Bengal

    Sl. No Subject Matter Page No.

    1 Rules regulating recruitment to the post of Forest Ranger in the West Bengal 469Subordinate Forest Service

    2 Amendments to rules regulating recruitment to the subordinate Forest Services 476

    3 Rules regulating recruitment to the posts of Horticulture Officer, Senior Horticulture 480Officer and Superintendent Horticulture Officer under the Forest Department

    4 Rules regulating recruitment to the post of Assistant Soil Chemist under the 481Directorate of Forests

    5 The West Bengal Services (Forest Directorate Clerical Cadres) Rules, 1990 482

    6 The West Bengal Services (Forest Directorate Regional Cadres) Rules, 1990 484

    7 The West Bengal Forest Service (Recruitment and Training) Rules, 2007 489

    8 Rules regulating recruitment to the posts of Driver, Grade–I and Driver, 496Grade–II in Secretariat departments, Directorates and regional offices (in districtsincluding Kolkata)

  • CHAPTER 9West Bengal Services (Classification, Control & Appeal) Rules, 1971 (as amended in 1976 and 2008)

    Sl. No Subject Matter Page No.

    1 The West Bengal Services (Classification, Control & Appeal) Rules, 1971 499(as amended in 1976 and 2008)

    2 Schedule (list of appointing and disciplinary authorities in class III and IV services) 519

    CHAPTER 10Miscellaneous Rules and Orders

    Sl.No Subject Matter Page No.

    1 Payment of Compensation for Loss of Human Life or Injury. 525

    2 Rules prescribing the procedure to be followed in case of firing by Forest Officers 526

    3 Officers of the Forest Directorate in West Bengal who are exempted from prohibition 527under the Indian Arms Act, 1878 (xi of 1878)

    4 Issuance of single barrel rifles to Forest Rangers/ Deputy Rangers and Foresters 529

    5 Order regarding compensation to forest personnel 531

    6 Grant of rewards in forest offence cases 533

    7 Constitution of Steering Committee for ensuring coordination, monitoring, 535protection and conservation of tiger, co-predators and prey animals within the state

    8 Constitution of Forest Training Advisory Committee 537

    9 Modified proforma for submission of monthly forest offence reports 538

    10 West Bengal Services (Duties, Rights and Obligations of the Government 543

    11. Order relating to Seized Red Sanders. 547

    12. Reconstitution of the Committee on Saw Mill 548

  • fdsg

  • 1

    CHAPTER 1

    Powers of officers under the Indian Forest Act, 1927 and the Wildlife (Protection) Act,

    1972

    1. Powers of officers under the Indian Forest Act

    No. 1922 T. R.—The 3rd October, 1912.— In exercise of the power conferred by the definition of “Forest Officer”in section 2 of the Indian Forest Act, 1878 (VII of 1878), the Governor in Council is pleased to appoint theofficers of the Forest Department, Bengal, who are mentioned in column 1 of the following table, to dischargethe functions of a “Forest Officer” under the sections of the said Act which are mentioned opposite their namesin column 2 of the said table :—

    Officers Section of the Brief description of functionAct

    1 2 3

    I. The Conservator of Forest, Bengal 25 Powers to stop ways and water coursesin reserved forests(N.B. — This power is exercisable only withthe previous sanction of the Commissionerof the Division in which the reserved forest issituated.)

    25(c)1 Power to notify the seasons at which fire maybe kindled, kept or carried in a reservedforest.

    All sectionsmentionedhereafter inthis column

    II. All— Publication of translation of notifications(i) Deputy Conservators 202 declaring forests to be reserved.

    (ii) Assistant Conservators 25, penultimate Power to permit prohibited acts in aparagraph3 reserved forest.

    (iii) Extra Deputy Conservators, and 334 Power to permit prohibited acts inProtected Forest.

    (iv) Extra Assistant Conservators, in 45, paragraph 2 Power to notify depots for the charge of Forest Divisions, when within receptions of drift and other timber. the local limits of theirrespective divisions.

    46 Giving notice of timber collected undersection 45.

    1 Section 26 of the Indian Forest Act, 1927 (16 of 1927).2 Section 34 of the Indian Forest Act, 1927 (16 of 1927).3 Section 26(c) of the Indian Forest Act, 1927 (16 of 1927).4 Section 21 of the Indian Forest Act, 1927 (16 of 1927).

  • 2

    47, paragraphs Powers for dealing with statements of claim 1 & 2 to drift and other timber.

    50 Power to receive payments on account ofdrift and other timber.

    82, paragraph 25 Power to sell forest produce forGovernment dues.

    III. All—

    (i) Deputy Conservators,

    (ii) Assistant Conservators,

    (iii) Extra Deputy Conservators, and

    (iv) Extra Assistant Conservators, 25, penultimate Power to permit prohibited acts in aand paragraph6 . Reserved Forest.

    (v) Rangers in receipt of a salary of at 33 Power to permit prohibited acts in a Protectedleast Rs. 100 per mensem, Forest.

    who are subordinate to any officermentioned in clause II above, whenspecially authorized in this behalf bythe Conservator of Forests.

    IV7 . All—(i) Rangers in receipt of a salary of less

    than Rs. 100 per mensem.

    (ii) Deputy Rangers, and 25, penultimate Power to permit prohibited acts in a Reserved paragraph.8 Forest.

    (iii) Foresters, 339 Power to permit prohibited acts in ProtectedForest.

    who are subordinate to any officermentioned in clause II above, whenspecially authorised in this behalf by theConservator of Forests.

    V10 . (a) All— 45, paragraph 2 Power to collect drift and other timber.(i) Deputy Conservators,

    (ii) Assistant Conservators, 52, paragraph 1 Power to seize property when a forest offence has been committed.

    5 Section 83(2) of the Indian Forest Act, 1927 (16 of 1927).6 Section 26(2) of the Indian Forest Act, 1927 (16 of 1927)7 Amended by notification No. 193-M.R., dated the 13th January 1913.8 Section 26(2) of the Indian Forest Act, 1927 (16 of 1927)9 Section 34 of the Indian Forest Act, 1927 (16 of 1927)10Amended by notification No. 193-M.R., dated the 9th January 1913.

  • 3

    (iii) Extra Deputy Conservators,

    (iv) Extra Assistant Conservators, 55 Power to take charge of forest produce onthe conclusion of a trial of forest offence.

    (v) Rangers

    (vi) Deputy Rangers 56 Power to accept charge of confiscatedproperty when the offender is not known.

    (vii) Foresters, and

    (viii) Forest Guards 69 Power to seize and impound cattle trespassing in a reserved or protected forest

    whether on permanent or temporaryestablishments.

    (b) All Revenue Station Officers attached 82, paragraph 1 Power to take possession of forest produceto the Sundarbans Forest Division. until Government dues are paid.

    VI. (a) All— 63, paragraph 1 Power to arrest without warrant in cases(i) Deputy Conservators, mentioned in the section.

    (ii) Assistant Conservators,

    (iii) Extra Deputy Conservators,

    (iv) Extra Assistant Conservators,

    (v) Rangers,

    (vi) Deputy Rangers, and

    (vii) Foresters, in charge of a Range,

    whether on permanent or temporary

    establishments.

    (b) All Revenue Station Officers attached

    to the Sundarbans Forest Division.

    VII. All—a) Foresters not in charge of a

    Range, andb) Forest Guards,

    whether on permanent or temporaryestablishment.

    2. In exercise of the power conferred by section 2411 of the said Act, the Governor in Council is further pleasedto authorise all Commissioners of Divisions to sanction the stoppage of ways and water-courses, in reservedforests, under that section.

    3. In exercise of the power conferred by section 6012 of the said Act, the Governor in Council is further pleasedto empower the Forest Officers mentioned in clauses I, II, III and IV in column 1 of the foregoing table todirect at any time the immediate release of any property seized under section 52 of the said Act.

    11 Section 25 of the Indian Forest Act, 192712 Section 61 of the Indian Forest Act, 1927.

  • 4

    134. In exercise of the power conferred by sub-section (1) of section 67 of the said Act, the Governor in Councilis further pleased to empower—

    (a) the Forest Officers mentioned in clause I and II in column 1 of the foregoing table, and

    (b) such of the Forest Officers mentioned in clause III in column 1 of that table as may be specially authorisedin this behalf by the Conservator of Forests,

    to accept money by way of compensation for offences, and to release property seized as liable to confisca-tion.

    5. In exercise of the power conferred by section 7114 of the said Act, the Governor in Council is further pleasedto invest the Divisional Forest Officer, Sundarbans, with the powers mentioned in clauses (c) and (d) of thatsection.

    6. In exercise of the power conferred by clause (a) of section 7515 of the said Act, the Governor in Council isfurther pleased to direct that the Forest Officers mentioned in clause VII of the foregoing table shall exercisethe power to arrest without warrant under section 63 of the said Act in the following cases only—

    (a) when an offence is committed near the frontier or border of a Native State.

    (b) incendiary forest fire, and

    (c) when there is reason to belief that the accused has given a false name or address and is likely toabscond.

    93T. For.— The 3rd May 1941.— In exercise of the powers conferred by sub-section (1) of section 72 of theIndian Forest Act, 1927 (Act XVI of 1927), the Governor is pleased to invest, ex-officio, all gazetted officers of theForest Department, …………, with the powers mentioned in clauses (a), (b), (c

    13 Section 68 of the Indian Forest Act, 192714 Section 72 of the Indian Forest Act, 1927.15 Section 76 of the Indian Forest Act, 1924.

    No. 7456 For.— The 17th April 1944.— exercise of the power conferred by sub-section (1) of section 72 ofthe Indian Forest Act (Act XVI of 1927), the Governor is pleased to invest, ex-officio, all Rangers of the ForestDepartment, …………, with the powers mentioned in clause (a) of that sub-section.

    No. 3450 For.— 29th May 1948.—In exercise of the power conferred by sub-section (2) of section 2 of theIndian Forest Act, 1927 (XVI of 1927), the Governor is pleased to appoint the officers of the Directorate ofForests, West Bengal, mentioned in column 1 of the following table, to discharge the functions of a “ForestOfficer” briefly described in column 3 of the said table under the provisions of the said Act specified in column 2thereof opposite such officers, in the areas to which the relevant provisions of the said Act have been, or mayfrom time to time be applied—

  • 5

    Table

    Officers Provisions of the Act Brief description of functions

    1 2 3

    I. (i) Director of Forests16 (1) Section 65 (1) Power to release on bond aperson arrested.

    (ii) All Conservators of Forests

    (iii) All Deputy Conservators of (2) Section 66 (2) Power to prevent commission ofForests offence.

    (iv) All Assistant Conservatorsof Forests

    (v) All Senior Forest Rangers

    II. Forest Rangers who are sub- As in item (1) above As in item (1) above.ordinate to any Forest Officermentioned above when speciallyauthorised in this behalf byConservators of Forests

    III. (i) All Forest Rangers,

    (ii) All Deputy Rangers,

    (iii) All Foresters, As in item (1) above As in item (1) above.

    (iv) All Head Forest Guards, As in item (2) above As in item (2) above

    (v) All Forest Guards, whetheron permanent ortemporary establishment.

    16The post has since been designated as Chief Conservator of Forests

  • 6

    OFFICERS SECTIONS OF THE ACT(1) (2)

    1. Deputy Chief Wildlife Warden Sub-section (3) and sub-section (5) of section 9

    2. Wildlife Warden Sub-section (2) and sub-section (3) of section 10

    3. Deputy Chief Wildlife Warden Clause (b) of sub-section (1) of section 11

    4. Deputy Chief Wildlife Warden Section 13.

    5. Deputy Chief Wildlife Warden Clause (b) of sub-section (1) of section 27

    6. Wildlife Warden Clause (c) of sub-section (2) of section 27

    7. Deputy Chief Wildlife Warden Section 31

    8. Wildlife Warden Sub-section (1) and sub-section (2) of section 34

    9. Deputy Chief Wildlife Warden Sub-section (2) of section 36

    10. Wildlife Warden Sub-section (2) of section 39

    11. Deputy Chief Wildlife Warden Sub-section (3) of section 39

    12. Deputy Chief Wildlife Warden Sub-section (1), sub-section (2), sub-section

    (4) of section 40

    13. Deputy Chief Wildlife Warden Clause (b) of sub-section (1) of section 27

    and Wildlife Warden

    14. Deputy Chief Wildlife Warden Sub-section (1), sub-section (2), sub-section (3),

    sub- section (4), and sub-section (5) of section 44

    15. Deputy Chief Wildlife Warden Sub-section (2) of section 44

    and Wildlife Warden

    16. Deputy Chief Wildlife Warden Sub-section (3), clauses (a), (b) of sub-section (4) and

    sub-section (7) of section 44

    17. Deputy Chief Wildlife Warden Section 45

    18. Deputy Chief Wildlife Warden Sub-section (ii) of clause (a) of section 47

    19. Deputy Chief Wildlife warden, Clause (b) of section 47

    Wildlife Warden,

    Asstt. Wildlife Warden,

    2. Authorisation of officers for the purposes of various sections of the Wildlife (Protection) Act,1972

    Government of West BengalForests Department

    For Branch

    NOTIFICATIONNo. 2945 – For Calcutta, the 25th May, 1973.

    In exercise of the power conferred by the provisions of the Wild Life (Protection) Act, 1972 (53 of 1972)(hereinafter referred to as the said Act), the Governor is pleased hereby to authorise the officers of the ForestsDepartment, Government of West Bengal specified in column 1 of the table below for the purposes of thesections of the said Act mentioned against each of them respectively in column 2 of the said table.

    The Table

  • 7

    20. Deputy Chief Wildlife Warden, Clauses (a), (b) of sub-section (1) of Section 50Deputy Conservator of Forests,Asstt. Conservator of Forests,Extra Asstt. Conservator of Forests,Wildlife Warden, Asstt. Wildlife warden, Forest Ranger, Deputy Ranger/ Forester,Forest Guard, Wildlife Guard

    21. Deputy Chief Wildlife Warden, Clause (e) of sub-section (1) of section 50Deputy Conservator of Forests,Extra Asstt. Conservator of Forests,Wildlife Warden,Asstt. Wildlife Warden,Forest Ranger, Deputy Ranger/ Forester

    22. Wildlife Warden Clause (a) of sub-section (6) of section 40

    23. Deputy Chief Wildlife Warden Section 55and Wildlife Warden

    By order of the Governor

    T.B.SinghSecretary to the Govt. of West Bengal

    3. Authorisation of officers for the purposes of section 55 of the Wildlife (Protection) Act,1972

    Government of West BengalForests Department

    For Branch

    NOTIFICATION

    No. 1269 – For/4A – 1/72 Calcutta, the 15th February, 1977

    In exercise of the power conferred by the provisions of section 55 of the Wildlife (Protection) Act, 1972(53 of 1972), the Governor is pleased hereby to authorise the following officers of the Forests Department,Government of West Bengal, for the purposes of the aforesaid section.

    1. Assistant Wildlife Wardens,

    2. Additional Divisional Forest Officers,

    3. Assistant Divisional Officers,

    4. Assistant Forest Officers, and

    5. Forest Rangers.By order of the Governor,

    P. Bhattacharyya, Commissioner &Ex-officio Secretary to the Government of West Bengal

  • 8

    4. Appointment of Divisional Forest Officers as Ex-officio Wildlife Wardens

    Government of West BengalForests Department

    For Branch

    NOTIFICATION

    No. 3916-For. 11M-40/99 Calcutta, the 2nd December, 1999

    In exercise of the power conferred by Sub-section(1) of Section 4 of the Wildlife (Protection) Act, 1972, asamended up to date and in supersession of this Department Notifications issued previously in this respect, theGovernor is pleased hereby to appoint, with effect from the date of issue of this notification and until furtherorders, the officers holding the rank of Deputy Conservator of Forests, mentioned in Column (2) of the “TheSchedule” hereunder as Ex-officio Wildlife Wardens, West Bengal for their respective jurisdiction, comprisingboth forests and non-Forests areas for the purposes of the aforesaid Act.

    THE SCHEDULE

    Serial No. Name of Officers

    (1) (2)

    (1) Divisional Forest Officer, Darjeeling Division

    (2) Divisional Forest Officer, Kueseong Division

    (3) Divisional Forest Officer, Wildlife Division-I

    (4) Divisional Manager, Kalimpong (General & Special) Division

    (5) Divisional Forest Officer, Baikunthapur Division

    (6) Divisional Forest Officer, Jalpaiguri Division

    (7) Divisional Forest Officer, Wildlife Division-II

    (8) Divisional Forest Officer, Coochbehar Division

    (9) Divisional Forest Officer, Coochbehar Special Forestry Division

    (10) Divisional Forest Officer, Raiganj Social Forestry Division

    (11) Divisional Forest Officer, Maldah Division

  • 9

    (12) Divisional Forest Officer, Nadia-Murshidabad Division

    (13) Divisional Forest Officer, 24-Parganas (North) Division

    (14) Divisional Forest Officer, 24-Parganas (South) Division

    (15) Divisional Forest Officer, Howrah Social Forestry Division

    (16) Divisional Forest Officer, Westland Research Division

    (17) Divisional Forest Officer, Purulia Division

    (18) Divisional Forest Officer, Kangsabati Soil Conservation Division

    (19) Divisional Forest Officer, Kangsabati Soil Conservation Division-II

    (20) Divisional Forest Officer, Bankura (South) Division

    (21) Divisional Forest Officer, Bankura (North) Division

    (22) Divisional Forest Officer, Panchayet Soil Conservation Division

    (23) Divisional Forest Officer, Burdwan Division

    (24) Divisional Forest Officer, Durgapur Social Forestry Division

    (25) Divisional Forest Officer, Birbhum Division

    (26) Divisional Forest Officer, West Midnapur Division

    (27) Divisional Forest Officer, East Midnapur Division

    (28) Divisional Forest Officer, Rupnarayan Plannng Division

    (29) Divisional Forest Officer, Kharagpur Social Forestry Division

    (30) Deputy Field Director, Sundarban Tiger Reserve

    (31) Deputy Field Director, Buxa Tiger Reserve (East)

    (32) Deputy Field Director, Buxa Tiger Reserve (West)

    (33) Deputy Conservator of Forests, Urban Recreational Forestry Division

    All the officers so appointed as Ex-officio Wildlife Wardens, West Bengal shall be subordinate to the ChiefWildlife Warden, West Bengal in terms of Sub-section (3) of Section 4 of the said Act.

    By order of the Governor

    S.M. ChakiDy.Secy. to the Govt. of West Bengal

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    5. Appointment of Conservators of Forests as Ex-officio Wildlife Wardens

    Government of West BengalForests Department

    For Branch

    NOTIFICATION

    No. 3915-For. 11M-40/99 Calcutta, the 2nd December, 1999

    In exercise of the power conferred by Sub-section(1) of Section 4 of the Wildlife (Protection) Act, 1972,as amended up to date and in supersession of this Department Notifications issued previously in this respect, theGovernor is pleased hereby to appoint, with effect from the date of issue of this notification and until furtherorders, the officers holding the rank of Conservator of Forests, mentioned in Column (2) of the “The Schedule”hereunder as Ex-officio Deputy Chief Wildlife Wardens, West Bengal, under their respective jurisdiction comprisingboth forests and non-forest areas for the purposes of the aforesaid Act.

    THE SCHEDULE

    Serial No. Name of Officers

    (1) (2)

    (1) Conservator of Forests, Western Circle

    (2) Conservator of Forests, Central Circle

    (3) Conservator of Forests, Soil Conservation (South) Circle

    (4) Conservator of Forests, Social Forestry (South) Circle

    (5) Conservator of Forests, Northern Circle

    (6) Conservator of Forests, Wildlife Circle

    (7) Conservator of Forests, Hill Circle

    (8) Conservator of Forests, (South) & Joint Director, Sundarban Biosphere Reserve

    (9) Conservator of Forests, Social Forestry (North) Circle

    (10) Conservator of Forests & Field Director, Sundarban Tiger Reserve(11) Conservator Forests & Field Director, Buxa Tiger Reserve

    2. All the officers so appointed as Ex-officio Deputy Chief Wildlife Wardens, West Bengal shall besubordinate to the Chief Wildlife Warden, West Bengal in terms of Sub-section (3) of Section 4 ofthe said Act.

    By order of the Governor

    S. M. Chaki

    Dy.Secy. to the Govt. of West Bengal

  • 11

    6. Appointment of Chief Conservators of Forests as Ex-officio Addl. Chief Wildlife Wardens

    Government of West BengalForests Department

    For Branch

    NOTIFICATION

    No. 2001-For./11M-40/99 Dated, Kolkata, the 25.06.2003

    In exercise of the power conferred by Sub-section (1) of Section 4 of the Wildlife (Protection) Act, 1972, asamended up to date, the Governor is pleased hereby to appoint, with effect from the date of issue of thisnotification and until further orders, the officers holding the rank of Chief Conservator of Forests, mentionedbelow, as Ex-officio Addl. Chief Wildlife Wardens, West Bengal for their respective jurisdiction, comprising bothforests and non-forest areas for the purposes of the aforesaid Act.

    1. The Chief Conservator of Forests, Wildlife

    2. The Chief Conservator of Forests, (South) & Director, Sunderban Biosphere Reserve

    3. The Chief Conservator of Forests, North Bengal

    4. The Chief Conservator of Forests, West

    5. The Chief Conservator of Forests, Soil Conservation & Eco-Development

    6. The Chief Conservator of Forests, Social Forestry.

    By order of the Governor

    Jt. Secy. to the Govt. of West Bengal

  • 12

    7. Delegation of powers to Chief Conservator of Forests & Ex-officio Additional ChiefWildlife Wardens under the Wildlife (Protection) Act, 1972

    Government of West BengalDirectorate of Forests

    Office of the Principal Chief Conservator of ForestsWildlife & Biodiversity

    Chief Wildlife Warden, West BengalBikash Bhawan, 3rd Floor, North Block

    Salt Lake City, Kolkata – 700 091

    Office Order No. 12-M/8-2003 Dated, Kolkata 1st July, 2003

    Subject: Delegation of powers to the Chief Conservator of Forests & Ex-officio Additional ChiefWildlife Wardens under Wildlife (Protection) Act, 1972

    In exercise of the power conferred by sub-section (1) of Section 4 of the Wildlife (Protection) Act, 1972, asamended up to date, Forest Department, Govt. of West Bengal has appointed the following Chief Conservatorof Forests as Ex-Officio Addl. Chief Wildlife Wardens vide their notification No. 2011-For/11M-40/99 dated25.06.2003.

    1. The Chief Conservator of Forests, Wildlife.

    2. The Chief Conservator of Forests (South) & Director, Sundarban Biosphere Reserve.

    3. The Chief Conservator of Forests, North Bengal.

    4. The Chief Conservator of Forests, West.

    5. The Chief Conservator of Forests, Soil Conservation & Eco-Development.

    6. The Chief Conservator of Forests, Social Forestry.

    In accordance with the provisions u/s 5(2) of Wildlife (Protection) Act, 1972, as amended up to date, theundersigned hereby delegates the following powers and duties, under the said act, to the Addl. Chief WildlifeWardens.

    Powers delegated under following sub-section:

    11(1)(b) 27(1)(b) 28(1)(b) 28(1)(c) 28(1)(d)

    34(1) 50(1) 50(6) 54(1) 55(b)

    Delegation of power will be effective from the date of issue of this order

    Sd/-

    Principal Chief Conservator of ForestsWildlife & Biodiversity &

    Chief Wildlife Warden, West Bengal

  • 13

    8. Authorisation of officers for the purposes of section 50 of the Wildlife (Protection) Act,1972

    Government of West BengalForests Department

    For BranchWriters’ Buildings, Kolkata

    No. 3831-For Date : 26.07.2007

    In exercise of the power conferred by Sub-section (8) of Section 50 of the Wildlife Protection Act, 1972 asamended in 2002, for the purpose of making investigation into any offence against any provision of this Act, theGovernor is pleased hereby to authorize the officer not below the rank of Assistant Conservator of Forests,

    1. to issue a Search Warrant;

    2. to enforce the attendance of witnesses;

    3. to compel the discovery and production of the documents and material objects;

    4. to receive and record evidence.

    By order of the Governor

    Sd/-Joint Secretary to the Govt. of West Bengal

  • 14

    9. Authorisation of Divisional Forest Officers for the purpose of sub-section (1) of section59A of the Indian Forest Act, 1927

    Government of West BengalForests Department

    For Branch

    No 1213 –For Dated 8.4.2003

    NOTIFICATION

    In exercise of the power conferred by sub-section (1), read with sub-section (2) of section 59A of theIndian forest Act 1927 (XVI of 1927), the Governor is pleased hereby to authorise for the purpose ofsub-section (1) of the said section, the officers holding the rank of Deputy Conservator of Forestsmentioned in column (1) of the schedule below for the area mentioned against each in column (2) ofthe said schedule.

    The Schedule

    Sl. No. Name of the Officers Area (1) (2)

    1 DFO, Darjeeling Sadar Sub-division of Darjeeling District

    2 DFO, Kurseong Sub-division of Kurseong and SiliguriSub-divn., Darjeeling District

    3 Divisional Manager, Kalimpong Kalimpong Sub-division of DarjeelingDistrict.

    4 DFO , Jalpaiguri Division District of Jalpaiguri

    5 DFO , Baikunthapur Division District of Jalpaiguri & Siliguri Sub-divisionof Darjeeling District

    6 DFO, 24-Pgs (South) Division 24-Pgs (South) District

    7 DFO, 24-Pgs (North) Division 24-Pgs (North) District

    8 DFO , Nadia and Murshidabad Division District of Nadia and Murshidabad

    9 DFO, West Medinipur Division District of Paschim Medinipur

    10 DFO, East Medinipur Division District of Paschim Medinipur

    11 DFO, Kharagpur Social Forestry Division District of Purba Medinipur and District ofPaschim Medinipur

    12 DFO, Rupnarayan Planning and District of Paschim MedinipurSurvey Division

    13 DFO, Bankura North Division District of Bankura

    14 DFO, Bankura South Division District of Bankura

  • 15

    15 DFO, Extension Forestry Division District of Purulia

    16 DFO, Panchet Soil Conservation Division District of Bankura

    17 DFO, Purulia Division District of Purulia

    18 DFO, Kangsabati Soil Conservation-I District of PuruliaDivision

    19 DFO, Kangsabati Soil Conservation-II District of PuruliaDivision

    20 DFO, Birbhum Division District of Birbhum

    21 DFO, Durgapur Social Forestry Division District of Burdwan

    22 DFO, Howrah Division District of Howrah & Hooghly

    23 DFO, Burdwan Division District of Burdwan

    24 DFO, Raiganj Social Forestry Division District of Uttar-Dinajpur & DakshinDinajpur

    25 DFO, Malda Division District of Malda

    26 DFO, Coochbehar Social Forestry District of CoochbeharDivision

    27 Deputy Field Director, Sundarbans District of South 24 PgsTiger Reserve

    28 Deputy Field Director, Buxa District of JalpaiguriTiger Reserve (West)

    29 Deputy Field Director, Buxa District of JalpaiguriTiger Reserve (East)

    30 DFO, Wild Life Division - I District of Darjeeling

    31 DFO, Wild Life Division – II District of Japlaiguri & Kalimpong Sub-div.of Darjeeling District

    32 DFO, Coochbehar Division District of Jalpaiguri

    33 DFO, Utilisation Division District of Kolkata within the meaning ofKolkata Municipal Corpn. Act 1980 ( W BAct LIX of 1980)

    This issues in suppression of this Deptt’s Notification No 133-For dt.10.1.1997 and all other previousorders issued in this respect.

    By order of the GovernorSd/-

    P K ChandaJoint Secy. To the Govt of West Bengal

  • 16

    10. Authorisation of Conservators of Forests under section 59C of the Indian Forest Act,1927

    Government of West BengalForest department

    Forest BranchNo. 498-For Dated:16.02.2004

    NOTIFICATION

    In cancellation of this Deptt.’s Notification No. 3935-For dated 11.12.2003 and in exercise of the powerconferred by section 59C of the Indian Forest Act, 1927 (XVI of 1927), the Governor is pleased hereby tospecially empower, for the purpose of the said section, the Forest Officers holding the rank of Conservator ofForests mentioned in column (2) of the schedule below for the area mentioned against each in column (3) of thesaid schedule.

    The Schedule

    Sl.No. Officers (s) Areas

    1 General Manager, West Bengal Forest Development Sub-divisions of Kalimpong and KurseongCorp. Ltd of Darjeeling District

    2 Conservator of Forests, Northern circle, West Bengal Districts of Jalpaiguri, Cooch Behar andSubdivision of Siliguri of Darjeeling District

    3 Conservator of Forests, Western Circle, West Bengal Sub-divisions of Sadar Darjeeling, Siliguri andKurseong of Darjeeling District

    4 Conservator of Forests, Western circle, West Bengal Districts of Paschim Medinipur & PurbaMedinipur.

    5 Conservator of Forests, Central circle, West Bengal Districts of Bankura and Burdwan.6 Conservator of Forests, Wildlife (North) circle, W.B. Districts of Darjeeling and Jalpaiguri7 Field Director, Buxa Tiger Reserve District of Jalpaiguri8 Field Director, Sunderbans Tiger Reserve District of South 24-Parganas9 Conservator of Forests, Marketing Cell. District of Calcutta within the meaning of

    Calcutta Municipal Corporation Act, 1980(West Bengal Act. LIX of 1980)

    10 Conservator of Forests (South), West Bengal and Districts of 24 Parganas South, 24 ParganasJoint Director, Sundarbans Bisphere Reserve North, Nadia and Murshidabad

    11 Conservator of Forests, Soil Conservation (South) District of Puruliacircle

    12 Conservator of Forests, Social Forestry (South) circle Districts of Birbhum, Burdwan, Howrah andHooghly

    13 Conservator of Forests, Social Forestry (North) circle Districts of Malda, Uttar Dinajpur and DakshinDinajpur and Siliguri Sub-division ofDarjeeling District

    This issues in suppression of this Dept.’s Notification No. 132-For,4A-1/95 dated 10th January,1997 and all otherprevious orders issued in this respect.

    By order of the Governor, Sd/-

    (P. K. CHANDA) Joint Secy. to the Govt. of West Bengal

  • 17

    10 a. Corrigendum to Notification No. 498-For dated 16.02.2004

    Government of West BengalForest department

    Forest BranchNo. 881-For Dated:11.03.2004

    CORRIGENDUM

    The undersigned is directed by order of the Governor to say that in this Deptt.’s Notification No. 498- Fordated 16th Feb., 2004 under the schedule in serial No. 1 “General Manager”, West Bengal, Forest DevelopmentCorpn. Ltd.” should be read as “General Manager (North), West Bengal Forest Development Corpn. Ltd.” andin serial No. 3 under the same schedule “Conservator of forests, Western Circle, West Bengal,” should be read as“Conservator of Forests, Hill Circle, West Bengal”.

    By order of the Governor,

    Sd/- P. K. CHANDA Joint. Secy. to the govt. of West Bengal

    11. Appointment of Bana Shramiks / Bana Majoors to discharge the functions of Forest OfficersGovernment of West Bengal

    Forest departmentForest Branch

    G-Block, top floor,Writers’ Buildings, Kol-1

    No. 199-For/6M-1/05 Dated, Kolkata, the 19th January,2005NOTIFICATION

    In exercise of the power conferred by Sub-section (2) of Section 2 of the Indian Forest Act, 1927 (XVI of1927), the Governor is pleased to appoint the officers of Directorate of Forests, West Bengal mentioned incolumn 1 of the following table, to discharge the functions of a “Forest Officer” briefly described in column 3 ofthe said table under the provisions of the said Act specified in column 2 thereof opposite such officers, in areasto which relevant provisions of the said Act have been, or may from time to time be applied :-

    TABLE

    Officers Provision of the Act Brief description of function

    Bana Shramik/Bana Majoor Section – 57 Power to accept charge of confiscatedproperty when the offender is not known

    Section – 69 Power to seize and impound cattletrespassing in a reserved or protectedforest.

    Section – 66 Power to prevent commission of anoffence.

    By order of the GovernorSd/-

    S.NagDy. Secy. to the Govt. of West Bengal

  • 18

    12. Authorisation of police officers for the purposes of section 55 of the Wildlife (Protection)Act, 1972

    Government of West BengalForest department

    Forest Branch

    NOTIFICATION

    No. 2617 – For/11B – 12/84 Calcutta, the 25th June, 1986.

    In exercise of the power conferred by section 55 of the Wild Life (protection) Act, 1972 (53 of 1972), theGovernor is pleased hereby to authorise all police officers of the Government of West Bengal of and above therank of Sub-Inspector for the purpose of the aforesaid section with respect to the areas under their respectivejurisdiction.

    By order of the Governor,Sd/-

    A.K.MitraDy. Secretary to the Govt. of

    West Bengal.

  • 19

    CHAPTER 2

    THE INDIAN FOREST ACT, 1927

    (Act No. 16 of 1927)

    [21st September, 1927]

    An Act to consolidate the law relating to forests, the transit of forest-produce and the duty leviableon timber and other forest produce

    WHEREAS it is expedient to consolidate the law relating to forests, the transit of forest- produce and theduty leviable on timber and other forest-produce; it is hereby enacted as follows:-

    CHAPTER I

    PRELIMINARY

    1. Short title and extent:

    (1) This act may be called THE INDIAN FOREST ACT, 1927.

    (2) It extends to the whole of India except the territories which, immediately before the 1st November,1956, were comprised in Part B States.

    (3) It applies to the territories which, immediately before the 1st November, 1956, were comprised in theStates of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and WestBengal; but the Government of any State may by notification in the Official Gazette bring this Act intoforce in the whole or any specified part of that State to which this Act extends and where it is not inforce.

    2. Interpretation Clause:

    In this Act, unless there is anything repugnant in the subject or context,—

    (1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules,asses, pigs, rams, ewes, sheep, lambs, goats and kids;

    (2) “Forest-officer” means any person whom the State Government or any officer empowered by theState Government in this behalf, may appoint to carry out all or any of the purposes of this Act or to doanything required by this Act or any rule made thereunder to be done by a Forest-officer;

    (3) “forest-offence” means an offence punishable under this Act or under any rule made thereunder;

    (4) “forest- produce” includes—

    (a) the following whether found in, or brought from, a forest or not, that is to say,--

    timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers,mahua seeds, kuth and myrobolams, and

    (b) the following when found in, or brought from, a forest, that is to say,--

    (i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned,of trees,

  • 20

    (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce ofsuch plants,

    (iii) wild animals and skins, tusks, horns, bones, silk cocoons, honey and wax, and all other partsor produce of animals, and

    (iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all productsof mines or quarries);

    (4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge of suchCourt;

    (5) “river” includes any stream, canal, creek or other channels, natural or artificial;

    (6) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up orfashioned or hollowed out for any purpose or not; and

    (7) “tree” includes palms, bamboos, stumps, brush-wood and canes.

    CHAPTER II

    OF RESERVED FORESTS

    3. Power to reserve forests:

    The State Government may constitute any forest-land or waste-land which is the property ofGovernment, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided.

    4. Notification by States Government:

    (1) Whenever it has been decided to constitute any land a reserved forest, the State Government shallissue a notification in the Official Gazette—

    (a) declaring that it has been decided to constitute such land a reserved forest;

    (b) specifying, as nearly as possible, the situation and limits of such land; and

    (c) appointing an officer (hereinafter called "the Forest Settlement Officer") to inquire into and determinethe existence, nature and extent of any rights alleged to exist in favour of any person in or overany land comprised within such limits or in or over any forest produce, and to deal with the sameas provided in this Chapter.

    Explanation : For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads,rivers, ridges or other well known or readily intelligible boundaries.

    (2) The officer appointed under clause (c) of sub-Section (1) shall ordinarily be a person not holding anyforest office except that of Forest Settlement officer.

    (3) Nothing in this section shall prevent the State Government from appointing any number of officers notexceeding three, not more than one of whom shall be a person holding any forest office except asaforesaid, to perform the duties of a Forest Settlement Officer under this Act.

  • 21

    5. Bar of accrual of forest rights:

    After the issue of a notification under Section 4, no right shall be acquired in or over the land comprisedin such notification, except by succession or under a grant or contract in writing made or entered into by or onbehalf of the Government or some person in whom such right was vested when the notification was issued; andno fresh clearings for cultivation or for other purpose shall be made in such land except in accordance with suchrules as may be made by the State Government in this behalf.

    6. Proclamation by Forest Settlement officer:

    When a notification has been issued under Section 4, the Forest Settlement Officer shall publish in thelocal vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation—

    (a) ecifying, as nearly as possible, the situation and limits of the proposed forest;

    (b) explaining the consequences which, as hereinafter provided will ensue on the reservation of suchforest; and

    (c) fixing a period of not less than three months from the date of such proclamation, and requiring everyperson claiming any right mentioned in section 4 or section 5 within such period either to present tothe Forest Settlement Officer a written notice specifying or to appear before him and state, the natureof such right and the amount and particulars of the compensation (if any) claimed in respect thereof.

    7. Inquiry by Forest Settlement officer:

    The Forest Settlement-officer shall take down in writing all statements made under section 6, and shallat some convenient place inquire into all claims duly preferred under that section, and the existence of any rightsmentioned in section 4 or section 5 and not claimed under section 6 so far as the same may be ascertainablefrom the records of Government and the evidence of any persons likely to be acquainted with the same.

    8. Powers of Forest Settlement Officers:

    For the purpose of such inquiry, the Forest Settlement Officer may exercise the following powers, thatis to say,

    (a) power to enter, by himself or any officer authorised by him for the purpose, upon any land, and tosurvey, demarcate and make a map of the same; and

    (b) the powers of a Civil Court in the trial of suits.

    9. Extinction of rights:

    Rights in respect of which no claim has been preferred under section 6, and of the existence of whichno knowledge has been acquired by inquiry under section 7, shall be extinguished, unless before the notificationunder section 20 is published, the person claiming them satisfies the Forest Settlement Officer that he hadsufficient cause for not preferring such claim within the period fixed under section 6.

    10. Treatment of claims relating to practice of shifting cultivation:

    (1) In the case of a claim relating to the practice of shifting cultivation, the Forest Settlement Officer shallrecord a statement setting forth the particulars of the claim and of any local rule or order under whichthe practice is allowed or regulated, and submit the statement to the State Government, together withhis opinion as to whether the practice should be permitted or prohibited wholly or in part.

  • 22

    (2) On receipt of the statement and opinion, the State Government may make an order permitting orprohibiting the practice wholly or in part.

    (3) If such practice is permitted wholly or in part, the Forest Settlement Officer may arrange for its exercise—

    (a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of asuitable kind, and in a locality reasonably convenient for the purposes of the claimants, or

    (b) by causing certain portions of the land under settlement to be separately demarcated, and givingpermission to the claimants to practice shifting cultivation therein under such conditions as hemay prescribe.

    (4) All arrangements made under sub-section (3) shall be subject to the previous sanction of the StateGovernment.

    (5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control, restrictionand abolition by the State Government.

    11. Power to acquire land over which right is claimed:

    (1) In the case of a claim to a right in or over any land, other than a right of way or right of pasture, or aright to forest produce or a watercourse, the Forest Settlement Officer shall pass an order admitting orrejecting the same in whole or in part.

    (2) If such claim is admitted in whole or in part, the Forest Settlement Officer shall either—

    (i) exclude such land from the limits of the proposed forest; or

    (ii) come to an agreement with the owner thereof for the surrender of his rights; or

    (iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of1894).

    (3) For the purpose of so acquiring such land—

    (a) the Forest Settlement officer shall be deemed to be a Collector proceeding under the LandAcquisition Act, 1894 (1 of 1894).

    (b) the claimant shall be deemed to be a person interested and appearing before him in pursuance ofa notice given under section 9 of that Act;

    (c) the provisions of the preceding sections of that Act shall be deemed to have been complied with;and

    (d) the Collector, with the consent of the claimant, or the Court, with the consent of both parties, mayaward compensation in land, or partly in land and partly in money.

    12. Order on claims to rights of pasture or to forest-produce :

    In the case of a claim to rights of pasture or to forest-produce, the Forest Settlement Officer shall passan order admitting or rejecting the same in whole or in part.

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    13. Record to be made by Forest Settlement Officer:

    The Forest-Settlement-Officer, when passing any order under Section 12, shall record, so far as may bepracticable,—

    (a) the name, father's name, caste, residence and occupation of the person claiming the right; and

    (b) the designation, position and area of all fields or groups of fields (if any), and the designation andposition of all buildings (if any) in respect of which the exercise of such rights is claimed.

    14. Record where he admits claim:

    If the Forest Settlement Officer admits in whole or in part any claim under section 12, he shall alsorecord the extent to which the claim is so admitted, specifying the number and description of the cattle which theclaimant is from time to time entitled to graze in the forest, the season during which such pasture is permitted, thequantity of timber and other forest-produce which he is from time to time authorised to take, or receive, andsuch other particulars as the case may require. He shall also record whether the timber or other forest produceobtained by the exercise of the rights claimed may be sold or bartered.

    15. Exercise of rights admitted:

    (1) After making such record the Forest Settlement Officer shall, to the best of his ability, and having dueregard to the maintenance of the reserved forest in respect of which the claim is made, pass suchorders as will ensure the continued exercise of the rights so admitted.

    (2) For this purpose the Forest Settlement Officer may—

    (a) set out some other forest-tract of sufficient extent, and in a locality reasonably convenient for thepurposes of such claimants, and record an order conferring upon them a right of pasture or toforest-produce (as the case may be ) to the extent so admitted; or

    (b) so alter the limits of the proposed forest produce as to exclude forest-land of sufficient extent, andin a locality reasonably convenient for the purposes of the claimants; or

    (c) record an order, continuing to such claimants a right of pasture or to forest- produce, as the casemay be, to the extent so admitted, at such seasons, within such portions of the proposed forest,and under such rules, as may be made in this behalf by the State Government

    16. Commutation of Rights:

    In case the Forest Settlement Officer finds it impossible, having due regard to the maintenance of thereserved forest, to make such settlement under section 15 as shall ensure the continued exercise of the said rightsto the extent so admitted, he shall, subject to such rules as the State Government may make in this behalf,commute such rights, by the payment to such persons of a sum of money in lieu thereof, or by the grant of land,or in such other manner as he thinks fit.

    17. Appeal from order passed under section 11, section 12, section 15 or section 16 :

    Any person who has made a claim under this Act, or any Forest-officer or other person generally orspecially empowered by the State Government in this behalf, may, within three months from the date of theorder passed on such claim by the Forest Settlement Officer under section 11, section 12, section 15 or section16, present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of

  • 24

    a Collector, as the State Government may, by notification in the Official Gazette, appoint to hear appeals fromsuch orders:

    Provided that the State Government may establish a Court (hereinafter called the Forest Court)composed of three persons to be appointed by the State Government, and, when the Forest Court has been soestablished, all such appeals shall be presented to it.

    18. Appeal under section 17:

    (1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the ForestSettlement Officer, who shall forward it without delay to the authority competent to hear the same.

    (2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed forthe time being for the hearing of appeals in matters relating to land-revenue.

    (3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhoodof the proposed forest for hearing the appeal, and shall give notice thereof to the parties, and shall hearsuch appeal accordingly.

    (4) The order passed on the appeal by such officer or Court or by the majority of the members of suchCourt as the case may be, shall, subject only to revision by the State Government, be final.

    19. Pleaders:

    The State Government, or any person who has made a claim under this Act, may appoint any personto appear, plead and act on its or his behalf before the Forest Settlement Officer, or the appellate officer or Court,in the course of any inquiry or appeal under this Act.

    20. Notification declaring forest reserved:

    (1) When the following events have occurred, namely:—

    (a) the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, madeunder that section or section 9 have been disposed of by the Forest Settlement Officer;

    (b) if any such claims have been made, the period limited by section 17 for appealing from the orderspassed on such claims has elapsed, and all appeals (if any) presented within such period havebeen disposed of by the appellate officer or Court; and

    (c) all lands (if any) to be included in the proposed forest, which the Forest Settlement Officer has,under section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), havebecome vested in the Government under section 16 of that Act,

    the State Government shall publish a notification in the Official Gazette, specifying definitely,according to boundary marks erected or otherwise, the limits of the forest which is to be reserved,and declaring the same to be reserved from a date fixed by the notification.

    (2) From the date so fixed such forest shall be deemed to be a reserved forest.

    21. Publication of translation of such notification in neighbourhood of forest:

    The Forest-officer shall, before the date fixed by such notification, cause a translation thereof into thelocal vernacular to be published in every town and village in the neighbourhood of the forest.

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    22. Power to revise arrangement made under section 15 or section 18:

    The State Government may, within five years from the publication of any notification under section20, revise any arrangement made under section 15 or section 18, and may for this purpose rescind or modifyany order made under section 15 or section 18, and direct that any one of the proceedings specified in section15 be taken in lieu of any other of such proceedings, or that the rights admitted under section 12 be commutedunder section 16.

    23. No right acquired over reserved forest, except as here provided :

    No right of any description shall be acquired in or over a reserved forest except by succession or undera grant or contract in writing made by or on behalf of the Government or some person in whom such right wasvested when the notification under section 20 was issued.

    24. Rights not to be alienated without sanction:

    (1) Notwithstanding anything contained in section 23, no right continued under clause (c) of sub-section(2) of section 15 shall be alienated by way of grant, sale, lease mortgage or otherwise, without thesanction of the State Government:

    Provided that when any such right is appended to any land or house, it may be sold or otherwisealienated with such land or house.

    (2) No timber or other forest-produce obtained in exercise of any such right shall be sold or barteredexcept to such extent as may have been admitted in the order recorded under section 14.

    25. Power to stop ways and water-courses in reserved forests:

    The Forest-officer may, with the previous sanction of the State Government or of any officer dulyauthorised by it in this behalf, stop any public or private way or water- course in a reserved forest, provided thata substitute for the way or water-course so stopped, which the State Government deems to be reasonablyconvenient, already exists, or has been provided or constructed by the Forest- officer in lieu thereof.

    26. Acts prohibited in such forests:

    (1) Any person who—

    (a) makes any fresh clearing prohibited by section 5; or

    (b) sets fire to a reserved forest, or, in contravention of any rules made by the State Government inthis behalf, kindles any fire, or leaves any fire burning, in such manner as to endanger such aforest;

    or who, in a reserved forest—

    (c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in thisbehalf;

    (d) trespasses or pastures cattle, or permits cattle to trespass;

    (e) causes any damage by negligence in felling any tree or cutting or dragging any timber;

    (f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages,the same;

    (g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, orremoves, any forest-produce;

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    (h) clears or breaks up any land for cultivation or any other purpose;

    (i) in contravention of any rules made in this behalf by the State Government hunts, shoots, fishes,poisons water or sets traps or snares; or

    (j) in any area in which the Elephants’ Preservation Act, 1879, 1(6 of 1879) is not in force, kills orcatches elephants in contravention of any rules so made,

    shall be punishable with imprisonment for a term which may extend to [one year, or with fine whichmay extend to one thousand rupees], or with both, in addition to such compensation for damage done to theforest as the convicting Court may direct to be paid.

    2[(1-A) (a) The Forest-officer may evict from a reserved forest or from any land in a reserved forest anyperson who, in such forest, trespasses or pastures cattle, or permit cattle to trespass, or clears orbreaks up such land for cultivation or for any other purpose, and may demolish any buildingerected or construction made by such person on such land.

    (b) Any agricultural or other crop grown, or any building erected or any construction made, by anyperson on any land in a reserved forest shall be liable to confiscation by an order of the DivisionalForest-officer.

    (c) The provisions of this sub-section shall have effect notwithstanding any penalty inflicted undersub-section (1).]

    (2) Nothing in this Section shall be deemed to prohibit—

    (a) any act done by permission in writing of the Forest-officer, or under any rule made by the StateGovernment; or

    (b) the exercise of any right continued under clause (c) of sub-section (2) of section 15, or created bygrant or contract in writing made by or on behalf of the Government under section 23.

    (3) Whenever fire is caused wilfully or by gross negligence in reserved forest, the State Government may(notwithstanding that any penalty has been inflicted under this section) direct that in such forest or anyportion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for suchperiod as it thinks fit.

    27. Power to declare forest no longer reserved:

    (1) The State Government may by notification in the Official Gazette, direct that, from a date fixed bysuch notification, any forest or any portion thereof reserved under the Act shall cease to be a reservedforest.

    (2) From the date so fixed, such forest or portion shall cease to be reserved; but the rights (if any) whichhave been extinguished therein shall not revive in consequence of such cessation.

    1Substituted by West Bengal Act XXII of 1988, Section. 3 for the words “six months, or with fine which may extend to five hundred rupees,” 2Inserted by West Bengal Act XXII of 1988, Section 3

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    CHAPTER III

    OF VILLAGE FORESTS

    28. Formation of village-forests:

    (1) The State Government may assign to any village-community the rights of Government to or over anyland which has been constituted a reserved forest, and may cancel such assignment. All forests soassigned shall be called village-forests.

    (2) The State Government may make rules for regulating the management of village forests, prescribingthe conditions under which the community to which any such assignment is made may be providedwith timber or other forest-produce or pasture, and their duties for the protection and improvement ofsuch forest.

    (3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with therules so made) apply to village-forests.

    CHAPTER IV

    OF PROTECTED FORESTS29. Protected forests :

    (1) The State Government may, by notification in the Official Gazette, declare the provisions of this Chapterapplicable to any forest land or waste-land or waste-land which is not included in a reserved forest, butwhich is the property of Government, or over which the Government has proprietary rights, or to thewhole or any part of the forest produce of which the Government is entitled.

    (2) The forest-land and waste-land comprised in any such notification shall be called a “protected forest”.

    (3) No such notification shall be made unless the nature and extent of the rights of Government and ofprivate persons in or over the forest-land or waste-land comprised therein have been inquired into andrecorded at a survey or settlement, or in such other manner as the State Government thinks sufficient.Every such record shall be presumed to be correct until the contrary is proved;

    Provided that, if, in the case of any forest-land or waste-land, the State Government thinks thatsuch inquiry and record are necessary, but that they will occupy such length of time as in the meantimeto endanger the rights of Government, the State Government may, pending such inquiry and record,declare such land to be a protected forest, but so as not to abridge or affect any existing rights ofindividuals or communities.

    30. Power to issue notification reserving trees, etc. :

    The State Government may, by notification in the Official Gazette—

    (a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by the notification;

    (b) declare that any portion of such forest specified in the notification shall be closed for such term, notexceeding thirty years, as the State Government thinks fit, and that the rights of private persons, if any,over such portion, shall be suspended during such term, provided that the remainder of such forest besufficient, and in a locality reasonably convenient, for the due exercise of the right suspended in theportion so closed; or

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    (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, orthe collection or subjection to any manufacturing process, or removal of, any forest produce in anysuch forest, and the breaking up or clearing for cultivation, for building, for herding cattle or for anyother purpose, of any land in any such forest.

    31. Publication of translation of such notification in neighbourhood :

    The Collector shall cause a translation into the local vernacular of every notification issued undersection 30 to be affixed in a conspicuous place in every town and village in the neighbourhood of the forestcomprised in the notification.

    32. Power to make rules for protected forests:

    The State Government may make rules to regulate the following matters, namely: -

    (a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manufacture andremoval of forest produce, from protected forests;

    (b) the granting of licences to the inhabitants of towns and villages in the vicinity of protected forests totake trees, timber or other forest-produce for their own use, and the production and return of suchlicences by such persons;

    (c) the granting of licences to persons felling or removing trees or timber or other forest-produce from suchforests for the purposes of trade, and the production and return of such licences by such persons;

    (d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cutsuch trees, or to collect and remove such timber or other forest produce;

    (e) the other payments, if any, to be made by them in respect of such trees, timber and produce, and theplaces where such payment shall be made;

    (f) the examination of forest-produce passing out of such forests;

    (g) the clearing and breaking up of land for cultivation or other purposes in such forests;

    (h) the protection from fire of timber lying in such forests and of trees reserved under section 30;

    (i) the cutting of grass and pasturing of cattle in such forests;

    (j) hunting, shooting, fishing, poisoning water and setting traps or snares in such forests and the killing orcatching of elephants in such forests in areas in which the Elephants’ Preservation Act, 1879 (6 of1879), is not in force,

    (k) the protection and management of any portion of a forest closed under section 30; and

    (1) the exercise of rights referred to in section 29.

    33. Penalties for acts in contravention of notification under section 30 or of rules under section32 :

    (1) Any person who commits any of the following offences, namely—

    (a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leavesfrom or otherwise damages, any such tree;

    (b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal or

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    collects, subjects to any manufacturing process, or removes any forest-produce;

    (c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any otherpurpose any land in any protected forest;

    (d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent itsspreading to any tree reserved under section 30, whether standing, fallen or felled, or to anyclosed portion of such forest;

    (e) leaves burning any fire kindled by him to the vicinity of any such tree or closed portion;

    (f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;

    (g) permits cattle to damage any such tree;

    (h) infringes any rule made under section 32,

    shall be punishable with imprisonment for a term which may extend to 1[one year, or with finewhich may extend to one thousand rupees], or with both.

    2[(1-A) The Forest-officer may, notwithstanding any penalty inflicted under this section, evict from anyland in any protected forest, any person who, contrary to any prohibition under section 30, clears orbreaks up such land for cultivation or for any other purposes.]

    (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Governmentmay, notwithstanding that any penalty has been inflicted under this section, direct that in such forest orany portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for suchperiod as it thinks fit.

    34. Nothing in this Chapter to prohibit acts done in certain cases:

    Nothing in this Chapter shall be deemed to prohibit any act done with the permission in writing of theForest-officer, or in accordance with rules made under section 32, or, except as regards any portion of a forestclosed under section 30, or as regards any rights the exercise of which has been suspended under section 33, inthe exercise of any right recorded under Section 29.

    CHAPTER V

    OF THE CONTROL OVER FORESTS AND LANDS NOT BEING

    THE PROPERTY OF GOVERNMENT

    35. 3[***]

    36. 4[***]

    37. 5[***]

    38. 6[***]

    1 Substituted by West Bengal Act XXII of 1988, Section 4 for the words “six months, or with fine which may extend to one thousand rupees” 2 Inserted by West Bengal Act XXII of 1988, Section 4 3 Repealed by S. 63 of the West Bengal Private Forests Act, 1948 4 Repealed by S. 63 of the West Bengal Private Forests Act, 1948 5 Repealed by S. 63 of the West Bengal Private Forests Act, 1948 6 Repealed by S. 63 of the West Bengal Private Forests Act, 1948

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    CHAPTER VI

    OF THE DUTY ON TIMBER AND OTHER FOREST PRODUCE

    39. Power to impose duty on timber and other forest produce:

    (1) The Central Government may levy a duty in such manner, at such places and at such rates as it maydeclare by notification in the Official Gazette on all timber or other forest-produce—

    (a) which is produced in the territories to which this Act extends and in respect of which the Governmenthas any right;

    (b) which is brought from any place outside the territories to which this Act extends.

    (2) In every case in which such duty is directed to be levied ad valorem, the Central Government may fixby like notification the value on which such duty shall be assessed.

    (3) All duties on timber or other forest-produce which, at the time when this Act comes into force in anyterritory, are levied therein under the authority of the State Government, shall be deemed to be and tohave been duly levied under the provisions of this Act.

    (4) Notwithstanding anything in this Section, the State Government may, until provision to the contrary ismade by Parliament, continue to levy any duty which it was lawfully levying before the commencementof the Constitution, under this section as then in force:

    Provided that nothing in this sub-section authorises the levy of any duty which as between timberor other forest-produce of the State and similar produce of the locality outside the State discriminates in favourof the former, or which, in the case of timber or other forest-produce of localities outside the state, discriminatesbetween timber or other forest-produce of one locality and similar timber or other forest-produce of anotherlocality.

    40. Limit not to apply to purchase-money or royalty:

    Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money orroyalty on any timber or other forest-produce, although the same is levied on such timber or produce while intransit, in the same manner as duty is levied.

    CHAPTER VII

    1[OF THE CONTROL OF TRADE, POSSESSION AND TRANSIT OF TIMBER ANDOTHER FOREST- PRODUCE]

    41. Power to make rules to regulate transit of forest produce:

    2[(1) The control of all rivers and their banks as regards the floating of timber and other forest-produce, aswell as the control of transit of all timber and other forest-produce by land or water and the control oftrade and possession of timber and other forest-produce, is vested in the State Government, and itmay make rules to regulate the transit of all timber and other forest-produce as well as the trade andpossession of timber and other forest-produce.]

    (2) In particular and without prejudice to the generality of the foregoing power such rules may—

    1 Substituted by West Bengal Act XXII of 1988, Section 5 for the heading “OF THE CONTROL OF TIMBER AND OTHER FOREST- PRODUCE IN TRANSIT”2 Substituted by West Bengal Act XXII of 1988, Section 6 for section 41 (1) of the principal Act which reads, “The control of all rivers andtheir banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, isvested in the State Government, and it may make rules to regulate the transit of all timber and other forest produce.”

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    (a) prescribe the routes by which alone timber or other forest-produce may be imported, exported ormoved into, from or within the State;

    (b) prohibit the import or export or moving of such timber or other produce without a pass from anofficer duly authorised to issue the same, or otherwise than in accordance with the conditions ofsuch pass;

    (c) provide for the issue, production and return of such passes and for the payment of fees therefor;

    (d) provide for the stoppage, reporting, examination and marking of timber or other forest-producein transit, in respect of which there is reason to believe that any money is payable to the Governmenton account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or,to which it is desirable for the purposes of this Act to affix a mark;

    (e) provide for the establishment and regulation of depots to which such timber or other produceshall be taken by those in charge of it for examination, or for the payment of such money, or inorder that such marks may be affixed to it, and the conditions under which such timber or otherproduce shall be brought to, stored at and removed from such depots;

    (f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit oftimber or other forest-produce, and the throwing of grass, brushwood, branches or leaves intoany such river or any act which may cause such river to be closed or obstructed;

    (g) provide for the prevention or removal of any obstruction of the channel or banks of any such river,and for recovering the cost of such prevention or removal from the person whose acts or negligencenecessitated the same;

    (h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing ofany marks on the same, or the possession or carrying of marking hammers or other implementsused for marking timber;

    (i) regulate the use of property marks for timber, and the registration of such marks; prescribe thetime for which such registration shall hold good; limit the number of such marks that may beregistered by any one person, and provide for the levy of fees for such registration.

    1[(j) provide the regulation by licence or permit of trade and possession of timber and other forest-produce, and the levy of fees for such licence or permit.]

    (3) The State Government may direct that any rule made under this section shall not apply to any specifiedclass of timber or other forest-produce or to any specified local area.—

    41A. Powers of Central Government as to movements of timber across customs frontiers:

    Notwithstanding anything in Section 41, the Central Government may make rules to prescribe theroute by which alone timber or other forest-produce may be imported, exported or moved into or from theterritories to which this Act extends across any customs frontier as defined by the Central Government, and anyrules made under section 41 shall have effect subject to the rules made under this section.

    42. Penalty for breach of rules made under Section 41:

    (1) The State Government may by such rules prescribe as penalties for the contravention thereofimprisonment for a term which may extend to 2[one year, or fine which may extend to one thousandrupees.]

    1 Inserted by West Bengal Act XXII of 1988, Section 6 2 Substituted by West Bengal Act XXII of 1988, Section 7 for the words “six months, or fine which may extend to five hundred rupees, or both.”

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    (2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may beinflicted in cases where the offence is committed after sunset and before sunrise, or after preparationfor resistance to lawful authority, or where the offender has been previously convicted of a like offence.

    43. Government and Forest-officers not liable for damage to forest-produce at depot:

    The Government shall not be responsible for any loss or damage which may occur in respect of anytimber or other forest-produce while at a depot established under a rule made under section 41, or while detainedelsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or damage,unless he causes such loss or damage negligently, maliciously or fraudulently.

    44. All persons bound to aid in case of accidents at depot:

    In case of any accident or emergency involving danger to any property at any such depot, everyperson employed at such depot, whether by the Government or by any private person, shall render assistance toany Forest-officer or Police Officer demanding his aid in averting such danger or securing such property fromdamage or loss.

    CHAPTER VIII

    OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

    45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may becollected accordingly:

    (1) All timber found adrift, beached, stranded or sunk;

    all wood or timber bearing marks which have not been registered in accordance with the rules madeunder section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise;and

    in such areas as the State Government directs, all unmarked wood and timber, shall be deemed to bethe property of Government, unless and until any person establishes his right and title thereto, asprovided in this Chapter.

    (2) Such timber may be collected by any Forest-officer or other person entitled to collect the same byvirtue of any rule made under section 51, and may be brought to any depot which the Forest-officermay notify as a depot for the reception of drift timber.

    (3) The State Government may, by notification in the Official Gazette, exempt any class of timber from theprovisions of this section.

    46. Notice to claimants of drift timber:

    Public notice shall from time to time be given by the Forest-officer of timber collected under section 45.Such notice shall contain a description of the timber, and shall require any person claiming the same to presentto such officer, within a period not less than two months from the date of such notice, a written statement of suchclaim.

    47. Procedure on claim preferred to such timber:

    (1) When any such statement is presented as aforesaid, the Forest-officer may, after making such inquiryas he thinks fit, either reject the claim after according his reasons for so doing, or deliver the timber tothe claimant.

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    (2) If such timber is claimed by more than one person