In this Act, unless the contest otherwise requires—
(a) “Cattle” means cows, oxen, bulls and calves and includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pies, rams, ewes, sheep, lambs, goats, kids and such other kinds of animals as the State Government may, by notification, specify;
(b)-(d)1[***]
(e) “Forest Offence” means an offence punishable under this Act or under the rules and includes the abetment of a forest offence;
2[(f) “Forest Officer”
(i) 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, and who may be designated as Principal Chief Conservator of Forests, Additional Principal Chief Conservator of Forests, Chief Conservator of Forests, Conservator of Forests, Deputy Conservator of Forests or Divisional Forest Officer, Working Plan Officer, Silviculturist, Assistant Conservator of Forests, Forest Range Officer, Deputy Ranger or Forester; and
(ii) Such other persons who are notified by the State Government to perform all or any of the functions of a forest officer under this Act or any rule or order made thereunder, but does not include Forest Settlement Officer.]
(g) “Forest produce” includes :—
(i) the following whether found in, or brought from a forest or not, that is to say :-
(a) timber, charcoal, caoutchouc catechu, wood-oil, resign, natural varnish, bark, Tussay Cocoon, lac, gums, roots of Patal Guruda, Mahua flowers, mahua seeds, myrabolans, Kendu leaves, sandal wood, tamarind, hill broom, Siali leaves, Siali fibres, Sal seeds;
1. Clauses (b), (c) and (d) omitted vide O.A. No. 12 of 2003 Notfn. No. 6282/ Legis. dt.5.5.2003 O.G.E. No. 660, dt. 5.5.2003.
2. Substituted ibid.
3
(b) wild animals and wild birds, skins, tusks, horns, bones and all other parts or produce of wild life; and
(c) such other produce as may be notified by the State Government; and
(ii) the following when found in or brought from a forest that is to say :
(a) trees and leaves, flowers and fruits and all other parts or produce of trees not herein before mentioned;
(b) plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants;
(c) honey, wax and arrowroot;
(d) peat, surface oil, rock, sand and minerals (including limestone, laterite; mineral oils and all products of mines or quarries);
(h) “Owner” in relation to a forest, includes a mortgage in possession, lessee or other person having right to the possession of or enjoyment of the forest;
(i) “Prescribed” means as prescribed by Rules made under this Act;
(j) 1[***]
(k) “River” includes streams, canals, back waters, creeks and other channels, natural or artificial;
(l) “Rule” means any rule made under this Act;
(m) “Sandal wood” means the wood derived out of any part of Chandan tree and includes chips, dust or powder of such wood;
(n) “Timber” includes trees fallen or felled and all wood cut up or sawn; and
(o) “Tree” includes palms, bamboos stumps, brushwood and canes.
NOTES
(1) Sec. 2(g)(c) — When bamboo becomes a Forest Produce - discussed.
Held, on an analysis or interpretation of Clause (II) of Sub-Sec. (g), read with Sub-Sec. (c) of Sec. 2 of this Act, it is evident that it only when bamboo is found and brought from the forest it becomes a forest produce, and it is not a forest produce, if found and brought from any private land, which does not come with the ambit of the definition of Forest — 1997(II) OLR-354, AIR 1998, Odisha - 54.
(2) Sec. 2(c), 2(g), 2(o) and 56 — Seizure due to forest offence — Forest Officer’s findings based on surmises and conjectures - Bamboo obtained from any private land is not a forest produce - 1997(II) OLR-354.
(3) Sec. 2(9) — Siali leaves - whether a forest produce or not - whether Siali plant planted and leaves of such plant obtained, requires
1. Omitted vide O.A. No. 12 of 2002 Notfn. No. 6282/Legis. O.G.E. No. 660 dt.5.5.2003.
4 transit permit or not - Since the same does not come within the ambil of forest produce, transit permit is not necessary - 32 (1990) OJD-565 (Civil).
(4) Section 2(g) - Odisha Forest Produce and other Timber Transit Rules, 1980 — Rules 4 and 5 — Siali leaves come within the ambit of Forest produce under Section 2(g) of the Act — under certain specified conditions, for transport of the said Forest Produce, transit permit is a precondition — 32 (1990)-565 OJD (Civil).
(5) Section 2(g) - Odisha Timber and other Forest Produce Transit Rules, 1980 — Rules 2(1)(h), 5 and 7 - whether firewood obtained from forest is a Forest Produce or not ? Held - yes - 32(1990) OJD-502 (Crimes).
(6) Sec. 2(g) - Odisha Timber and other Forest Produce Tansit Rules- 1980, Rules 2(I)(h), 5 and 7 - Firewood of the forest, is a Forest Produce- 1990 (II) OLR-400.
(7) Section 2(g) (1) (a), 27(2) (6) and Section 27(3)(b) – Accused was found removing sal log from the forest area. It is not an offence under Sec. 27(2) (b) but comes under the purview of Sec.27(3)(b) - Before amendment in 1983, the punishment for such offence was two (2) years and the period of limitation is three (3) years - The case was disposed of not on its merit but on the point of limitation by the trial court - The finding with regard to limitation was also wrong - Hence acquittal set-aside and case remanded for fresh trial - 1989(II) OLR-441.
CHAPTER - II OF RESERVED FORESTS