rules for regulating the management of village forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce, or pasture, and their duties for the protection and improvement of such forest. All provisions of this Act relating to reserved forests shall (so far as they are consistent with the rules so made) apply to village-forests.

Gut haby S. 507, 7. " 11.96

CHAPTER IV.

OF PROTECTED FORESTS.

28. The Local Government may, from time to time, by notification in the local official Gazette, declare the provisions of "Protected forests." this chapter applicable to any forest-land or wasteland which is not included in a reserved forest, but which is the property of Government, 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.

The forest-land and waste-lands comprised in any such notification shall be called a "protected forest." No such notification shall be made unless the nature and extent of the rights of Government and of private persons in or over the forest-land or waste-land comprised therein have been enquired into and recorded at a survey or settlement, or in such other manner as the Local 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 Local Government thinks that such enquiry and record are necessary, but that they will occupy such length of time as that the rights of Government will in the meantime be endangered, the Local Government may (pending such enquiry and record) declare such land to be a protected forest, but so as not to abridge or affect any existing rights of individuals or communities.

NOTE.-See Note (b) at end of Act.

Power to issue notifica. tion

29. The Local Government may, from time to time, by notification in the local official Gazette,(a) declare any class of trees in a protected forest, or any trees in any such forest, to be reserved from a date fixed by such notification;

reserving trees,

(b) declare that a portion of such forest be closed for such term not exceeding twenty years as the Local Government closing forest, 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 be sufficient, and in a locality reasonably convenient, for the due exercise of the rights suspended in the portion so closed; (c) prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning of lime or charcoal, or the collection or prohibiting collection of forest-produce, &c., break- subjection to any manufacturing process, or removal, ing up or clearing of land. of any forest-produce, in any such forest, and the breaking up or clearing for cultivation, for building, for herding cattle, or for any other purpose, any land in any such forest; and

(d) alter or cancel such declaration or prohibition. NOTE.-See Note (e) at end of Act.

30. The Collector or Deputy Commissioner of the district shall cause Publication of translaa translation into the language of the district, of tion of such notification in every notification issued under section twenty-nine, neighbourhood. to be fixed in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the notification. 31. The Local Government may from time to time make rules to regulate the following matters :(a) the cutting, sawing, conversion, and removal of trees and timber, and the collection, manufacture, and removal of forest-produce, from protected forests;

Power to make rules for protected forests.

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

persons;

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

(d) the payments (if any) to be made by the persons mentioned in clauses (b) and (c) of this section, for permission to cut such 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 the places where such payments 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 twenty-nine;

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

(j) killing or catching elephants, hunting, shooting, fishing, poisoning water, and setting traps or snares in such forests;

.767 May 1891. (k) the protection and management of any portion of a forest closed under section twenty-nine;

(1) the exercise of rights referred to in section twenty-eight. NOTE.-See Note (f) at the end of the Act.

Penalties for acts in contravention of notification

under Section 29.

32. Any person who commits any of the following offences :

(a) fells, girdles, lops, taps, or burns any tree reserved under section twenty-nine, or strips off the bark or leaves from, or otherwise damages any such tree;

(b) contrary to any prohibition under section twenty-nine, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;

(c) contrary to any prohibition under section twenty-nine, breaks up or clears for cultivation or any other purpose any land in any protected

forest ;

(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any trees reserved under section

twenty-nine, whether standing, fallen, or felled, or to any closed portion of such forest;

(e) leaves burning any fire kindled by him in the vicinity of any such trees 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 thirty-one ;

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

33. Nothing in this chapter shall be deemed to prohibit any act done Nothing in this chapter with the permission in writing of the forest-officer, or in accordance with rules made under section thirty-one, or (except as regards any portion of a forest closed under section twenty-nine) in the exercise of any right recorded under section twenty-eight.

to prohibit acts done in certain cases.

CHAPTER V.

FORESTS UNDER CONSERVANCY ADMINISTRATION WHEN THIS ACT

COMES INTO FORCE.

under conser

Forests this Act comes into force.

34. Within twelve months from the date on which this Act comes into force in the territories administered by any Local vancy administration when Government, such Government shall, after consideration of the rights of the Government and private persons in all forest-lands or waste-lands then under its executive control for purposes of forest conservancy, determine which of such lands (if any) can, according to justice, equity and good conscience, be classed as reserved forests or protected forests under this Act, and declare, by notification in the local official Gazette, any lands so classed to be reserved or protected forests, as the case may be :

Provided that such declaration shall not affect any rights of the Government or private persons to or over any land or forest-produce in any such forest, which have, previous to the date of such declaration, been enquired into, settled, and recorded in a manner which the Local Government thinks sufficient :

Provided also that if any such rights have not on such date been so enquired into, settled, and recorded, the Local Government shall direct that the same shall be enquired into, settled, and recorded in the manner provided by this Act for reserved or protected forests, as the case may be; and until such enquiry, settlement, and record have been completed, no such declaration shall abridge or affect such rights.

CHAPTER VI.

OF

OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY
OF GOVERNMENT.

35. The Local Government may, from time to time, by notification in Protection of forests for the local official Gazette, regulate or prohibit in special purposes. any forest or waste-land

(a) the breaking up or clearing of land for cultivation;

(b) the pasturing of cattle;

(c) the firing or clearing of the vegetation;

when such regulation or prohibition appears necessary for any of the following purposes :

First. For protection against storms, winds, rolling stones, floods and avalanches;

Second. For the preservation of the soil on the ridges and slopes, and in the valleys, of hilly tracts, the prevention of landslips and of the formation of ravines and torrents, and the protection of land against erosion, or the deposit thereon of sand, stones, or gravel;

Third.-For the maintenance of a water-supply in springs, rivers, and

tanks;

Fourth.-For the protection of roads, bridges, railways, and other lines of communication;

Fifth.-For the preservation of the public health ;

and may alter or cancel such notification.

The Local Government may, for any such purpose, construct at its own expense, in or upon any forest or waste-land, such work as it thinks fit:

Provided that no such notification shall be made or work begun until after the issue of a notice to the owner of such forest or land, calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work construc.ed, and until his objections (if any) and any evidence he may produce in support of the same have been heard by an officer duly appointed in that behalf, and have been considered by the Local Government.

Power to assume manage. ment of forests.

36. In case of neglect of, or wilful disobedience to, any regulation or prohibition under section thirty-five, or if the purposes of any work to be constructed under that section so require, the Local Government may after notice in writing to the owner of such forest or land, and after considering his objections (if any), place the same under the control of a forest officer, and may declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or land.

ment may proceed to Acquisition Act, 1870.

The nett profits (if any) arising from the management of such forest or land shall be paid to the said proprietor.

37. In any case Expropriation of forests in certain cases.

under this chapter in which the Local Government considers that, in lieu of placing the forest or land under the control of a forest officer, the same should be acquired for public purposes, the Local Governacquire it in the manner prescribed by the Land

The owner of any forest or land comprised in any notification under section thirty-five may, at any time not less than three or more than twelve years from the date thereof, require that such forest or land shall be acquired for public purposes, and the Local Government shall acquire such forest or land accordingly.

Protection of forests at request of owners.

aggre

38. The owner of any land or, if there be more than one owner thereof, the owners of shares therein amounting in the gate to at least two-thirds thereof, may, with a view to the formation or conservation of forests thereon, represent in writing to the Collector or Deputy Commissioner their desire-(a) that such land be mananged on their behalf by the forest-officer as a reserved or a protected forest on such terms as may be mutually agreed upon; or

39. The Local

Power to impose duty on timber.

(b) that all or any of the provisions of this Act be applied to such land. In either case, the Local Government may, by notification in the local official Gazette, apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as may be desired by the appli

cants.

Any such notification may be altered or cancelled by a like notification.

CHAPTER VII.

OF THE DUTY ON TIMBER.

Government, with the previous sanction of the GovernorGeneral in Council, may levy a duty in such manner at such places, and at such rates, as it may, from time to time, prescribe by notification in the local

official Gazette on all timber

Power to fix value for advalorem duty.

(a) which is produced in British India, and in respect of which the Government has any right;

(b) which is brought from any place beyond the frontier of British India. In every case in which such duty is directed to be levied advalorem, the Local Government may, with the like sanction, from time to time fix, by like notification, the value on which such duty shall be assessed.

All duties on timber, which, at the time when this Act comes into force in any territory, are levied therein under the authority of the Local Government, shall be deemed to be and to have been duly levied under the provisions of this Act.

40. Nothing in Limit not to apply to

purchase-money or royalty. transit, in the same

Power to make rules to regulate transit of forestproduce.

this chapter shall be deemed to limit the amount (if any) chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in manner as duty is levied.

CHAPTER VIII.

OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT.

41. The control of all rivers and their 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, is vested in the Local Government, and it may from time to time make rules to regulate the transit of all timber and other fo rest-produce.