forest acts

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INDIAN FOREST ACT 1927, FOREST CONSERVATION ACT WITH ITS RELATION TO IPC, CPC

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BY- TARUN GURURANI ID-34654 B.SC.FORESTRY

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The Indian Forest Act(1927)

Objective: : 

Objective: to consolidate the law relating to forests, the transit of forest-produce & the duty leviable on timber & other forest- produce.

INTRODUCTION:- : 

INTRODUCTION:- The Indian forest act of 1878 was amended by the Indian forest act of 1890,1901,1918 and 1919. The earlier act of 1878 needed amendments to suit the changing forestry scenario in the country. The Britishers had begun to realize the importance of forests for a country like India,the also needed to exploit the forest to earn the revenue and thus need was felt for a new forest legislation to replace the one promulgated in 1878.

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This act is divided into 13 chapters and 86 sections- 1.chapter-1-preliminary-includes sec.1 and 2 2.chapter-2- of reserved forests- includes sec.3 to 27 3.chapter-3-of village forests- includes sec.28 4.chapter-4-of protected forest-includes sec.29 to 34 5.chapter-5-of the control over forests and lands not being the property of government.-includes sec.-35 to 39. 6.chapter –6-of the duty on timber and other forest produce.- includes sec.-40 7.chapter-7-of control of timber and other forest produce in transit.-includes sec.-41 to 44

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8.chapter 8-of collection of drift and stranded timber-includes sec.-45 to 51. 9.chapter-9-penalties and procedure-includes sec-52 to 69 10.chapter-10-cattle trespass-includes sec.70 to 71. 11.chapter-11-0f forest officers-includes sec-72 to 75. 12.chapter -12 – subsidiary rules-includes sec.- 76 to 78. 13.chapter –13- miscellaneous-includes sec.-79 to86.

Salient Features: : 

Salient Features: a) Does not define forest but demarcate forest areas. b) The definition of forest produce include some produce not found in the forests eg timber, mahua seeds, natural varnish, bark, lac resin, wood-oil, catechu etc. c) Control over the forest are is divided into govt. & non- govt. land:

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Forest under Govt. is classified as reserved , village & protected forests. Reserved forest is created by a State Notification & is administered by a forest officer. The system excludes free from human interference. State Govt. had earlier power to de-notify the reserve forests but is now subject to Central Govt. approval. A village forest is, through notification, is a reserve forest assigned to the village community, vesting in them some rights. A Protected forests, again through notification, covers area not covered under reserve forest. However access to & use of this forest area is quite flexible.

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The State Govt. has power to regulate or prohibit certain activities in forest area that is not under its control for certain specific reasons. d) The State Govt. is empowered to regulate the duty levied on timber & other forest-produce. e) Penalty for non-compliance and lien over forest produce. f) Exploitation is the goal of the Act rather than conservation and the State Govt. has absolute control

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FOREST (CONSERVATION) ACT

OBJECTIVE : 

OBJECTIVE to provide for the conservation of forest and for matters inclusive of Ancillary and incidental ones

Provisions:- : 

Provisions:- The main provisions of this act are: prior approval of the central government is required for deserving a reserved forest. prior approval of the central government is needed for diversion of forest land for non-forestry purposes. the central government makes rules under this act,which are laid before both houses of parliament.

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Salient Feature Restriction on the de-reservation of forests or use of forest land for non- forest purpose. Prior approval from the central Govt. is mandatory. Constitution of Advisory Committee to grant approval & also advice the Govt. on any other matter. Penalty for any contravention is 15 days which is very obscure & no course of action is provided to remedy any contravention.

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The Forest (Conservation) Rules, 1981: Provide specifications to the Advisory Committee to be headed by DG. & consists of bureaucrats & scientists

Some Other Development of FC Act : 

Some Other Development of FC Act The draft of the Conservation of Forests & Natural Ecosystems Act was brought out in 1993-94 but could not be put in place.The main criticism was that it did not replace the Indian Forest Act’s structure.

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Banawasi Seva Ashram V. State of UP (1987): objected declaration of certain areas in Dudhi & Robert ganj Tehsils as ‘Reserved forests’ thus denying the advasis(tribes) right to the land & other activities under Section 32 of the Constitution. Meantime NTPC initiated ‘Super Thermal Power Plant’. The Court freed land for the thermal powerplant and excluded the land , declared as ‘Reserved Forests’, from the the writ petition. However the court issued direction that it was open for the claimants to establish their rights in appropriate proceedings.

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MC Mehta V. KamalNath(1997): The Court enunciated ‘Public Trust Doctrine’ & ‘Polluter Pays Principle’ and stated that the State had a legal duty to maintain the natural state rather than permitting. Following the Forest Resolution, MOEF issued a JFM Circular in 1990 to increase people’s involvement in the ‘development & protection of forests’ which has so far shown mixed results.

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INDIAN PANEL CODE

IPC : 

IPC SINCE 1862 DRAFTED BY MACAULAY PRESIDENT OF INDIAN LAW COMMISSION THE MOST DETAILED CRIMINAL LAWS IN THE WORLD

IPC INCLUDES:- : 

IPC INCLUDES:- Criminal conspiracy Abetment False evidence Offences against public justice Voluntarily causing hurt Wrongful confinement House breaking

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Harbouring offender Criminal trespass Unlawful assembly Extortion by threat Theft Criminal breach of trust Murder

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Attempting to murder Receiving stolen property Mischief Counterfeiting Selling counterfeit goods Offence by and against the authority of public servants.

Applicability of IPC in forest laws and offences : 

Applicability of IPC in forest laws and offences IPC also together with Indian forest act and wildlife protection act covers most of the offences in connection with forests and wildlife. Both directly as well as indirectly

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Forest offence cases are mostly dealt under the provisions of the Indian Forest Act, 1927 or under the State Forest Acts. But it was always intended that certain grave cases should be punishable under the (usually severer) provisions of the Indian Penal Code. This was envisaged by B.H. Baden Powell (1840-1901), the chief architect of the Indian forest legislation.

B.H. Baden Powell’s 3 classes to think are:- : 

B.H. Baden Powell’s 3 classes to think are:- Cases where the Forest law only can be applied to; as with specially “Forest” offences. Cases whether either the Forest Act or the Indian Penal Code can be followed Cases where the I.P. Code alone is applicable.

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Theft of timbers from government sale depots outside the limits of a forest Receiving stolen timber Theft of property of forest department other than forest produce Criminal breach of trust Assault on the staff of forest department continue...... It includes :-

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Unlawful assembly Omitting to give information about a forest offence Giving false evidence Use false property marks Counterfeiting property marks Marking or possession of instruments for counterfeiting property marks Temporary property marks continue......

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CRIMINAL PROCEDURE CODE

CPC : 

CPC CPC laws down the mechanism for investigation, prosecution and Punishment in crimes including forest/wildlife offences.

ROLE:- : 

ROLE:- it lays down various procedure in the forest laws, it supplements and provide strength to other laws

Types And Classes Of CPC:- : 

Types And Classes Of CPC:- Court of session Chief Judicial Magistrate Judicial Magistrates of the first class or Metropolitan Magistrates in Metropolitan areas Judicial Magistrate of second class Special Judicial Magistrate Executive Magistrates

Powers Of Courts:- : 

Powers Of Courts:- On this basis offence may be of two type to take the cognigance to them:- Offence under Indian Penal Court Offence under any other law The power of courts regarding sentence to punishment are clearly stated in CPC

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What are the needs for creating such acts ?

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for the management of forest to provide general well being of the country. for preservation of the climatics of the country. for bio-diversity conservation. wildlife conservation and protection. ecological security.

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for preventing smuggling of forest products illegally. regional priorities such as: maintaining water cycle. Generating revenue. local priorities like: rights and concessions. tribes. generation of employment

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So at last I just want to say that “ not only such laws are made but also be followed”..

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THANKS