The Indian Forest Act, 1927: Chapter I: Preliminary

The Indian Forest Act, 1927: 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 the States of Bihar, Bombay, Coorg, Delhi, Madhya Pradesh, Orissa, Punjab, Uttar Pradesh and West Bengal; but the Government of any State may by notification in the Official Gazette bring this Act into force in the whole or any specified part of that State to which this Act extends and where it is not in force.

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 the [State Government] in this behalf, may appoint to carry out all or any of the purposes of this Act or to do anything 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 myrabolans, 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,
(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,
(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries)

(4A) “owner” includes a Court of Wards in respect of property under the superintendence or charge of such Court;
(5) “river” includes any stream, canal, creek or other channels, natural or artifical;
(6) “timber” includes trees when they have fallen or have been felled, and all wood whether cut up or fashioned or hollowed out for any purpose or not; and
(7) “tree” includes palms, stumps, brush-wood and canes.

STATE AMENDMENTS

Jammu and Kashmir and Ladakh (UTs).—
(i) Section 2.–for clause (1), the following clauses shall be substituted, namely:–
(1) “authorised officer” means an officer authorized under sub-section (2) of section 52;
(1A) “cattle” include elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, ram, ewes, sheep, lambs, goats and kids;
(1B) “forest based industry” means an industry or unit in which any forest produce is used as raw material or as a source of energy.
(ii) for clause (4), the following clause shall be substituted, namely:–
(4) “forest-produce” includes—
(a) timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, kuth, myrobalans, dioscorea, firewood, humus, rasaunt, morels (Morchella spp), Aconitum spp, Podophyllum spp, Picrorhizaspp, Trillium spp, Nardostachys spp, Taxus spp, Valerianassp, Rheum spp, wild animals, skins, tusks, horns, bones and all other parts or produce of wild animals whether found in, or brought from, a forest or not; and
(b) the following when found in, or brought from, a forest, namely:–
(i) trees and leaves, flowers and fruits, roots and all other parts or produce of trees not specified in clause (a);

(ii) plants not being trees (including grass, bamboos, creepers, reeds and moss and lichen), and all parts or produce of such plants;
(iii) silk, cocoons, honey and wax; and
(iv) peat, surface soil, rock, and minerals (including limestone, laterite, mineral oils, and all products of mines or quarries).
(iii) after clause (5), insert the following clause, namely:-
(5A) “saw mill” means any plant and machinery with which and the premises (including the precincts thereof) in which or in any part of which sawing is carried on with the aid of electrical or mechanical power.
(iv) after clause (6), insert the following clause, namely:-
(6A) “transporter” includes a person, a private agency, a Government Department, Corporation or any other agency engaged in transport of forest produce whether on his own or on behalf of any other person;
(v) after clause (7), insert the following clause;
(8) “wild animal” shall have the same meaning as assigned to it in the Wild Life (Protection) Act, 1972.

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]

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