Nothing in this Act shall be deemed to bar the prosecution of any person under any other law for any act or omission which constitutes a forest offence or from being liable under such other law to any highest punishment or penalty that is provided under this Act or the rules thereunder :
Provided that no person shall be prosecuted and punished for the same offence more than once.
CHAPTER - IX CATTLE TRESPASS
75. Cattle Trespass Act, 1871 to apply :– Cattle trespassing in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing shall be deemed to be cattle doing damage to a public plantation within the meaning of Section 11 of the Cattle Trespass Act, 1871 (1 of 1871) and may be seized and impounded as such by any Forest Officer or Police Officer.
1. Added by Odisha Act 9 of 1983 - See O.G.E. No. 444, dt. 18.4.1983.
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76. Power to alter fines fixed under the Cattle Trespass Act, 1871 :– The State Government may, by notification, direct that, in lieu of the fines fixed under Section 12 of the Cattle Trespass Act, 1871 (1 of 1871), there shall be levied for each head of cattle impounded under Section 75 such fines as they think fit, but not exceeding the following, that is to say — For each elephant Fifty rupees For each buffalo or camel Ten rupees For each horse, mare, gelding, pony, colt, filly mule, bull, bullock, cow or heifer Five rupees For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid Two rupees
CHAPTER - X OF FOREST OFFICERS
77. State Government may invest forest officers with certain powers:– (1) The State Government may invest any Forest Officer with all or any of the following powers, that is to say —
(a) power to enter upon any land and to survey, demarcate and prepare a map of the same;
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and materials objects;
(c) powers to issue a search warrant under the Code of Criminal Procedure 1[1973] 1(2 of 1974); and
(d) powers to hold an inquiry into forest offences, and in the course of such inquiry to receive and record evidence.
(2) Any evidence recorded under Clause (d) of Sub-Section (1) shall be admissible in any subsequent trial before a Magistrate; provided that it has been taken in the presence of the accused person.
78. Forest Officers deemed to be public servants :– All Forest Officers shall be deemed to be :-
(a) Public servants within the meaning of the Indian Penal Code, 1860 (45 of 1860);
(b) Police Officers for execution of search warrants issued in exercise of powers conferred under Clause (c), Sub-Section
(1) of Section 77.
1[79. Protection of action taken in good faith and cognizance of offence :– (1) No suit, prosecution or other legal proceeding shall lie against any Forest Officer for anything done or omitted to be done by him in good faith under this Act or the rules or orders made thereunder.
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660, dt.5.5.2003.
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(2) No Court shall take cognizance of any offence alleged to have been committed by any Forest Officer while acting or purporting to act in the discharge of his duties under or in pursuance of the provisions of this Act or the rules or orders made thereunder, except with the previous sanction of State Government :
Provided that if the sanction or otherwise under this Sub-Section is not communicated within six months from the date the application for that purpose is made, it shall be deemed that the State Government has accorded the required sanction.]
80. Forest Officers not to trade :– Except with the permission in writing of the State Government no Forest Officer shall, as a principle or agent, trade in timber or other forest produce or be or become interested in any lease of any forest or in any contract for working any forest, whether in or outside the State.
CHAPTER - XI MISCELLANEOUS
81. Special provision for reserved forests in the merged territories :–
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, any forest land or waste land in the merged territories, which has been recognised by the Ruler or any merged State immediately before the date of merger as a reserved forest in pursuance of any law, custom, rule, regulation, order or notification for the time being in force or which has been dealt with as such in any administration report or in accordance with any working plan, or register maintained and acted upon immediately before the said date and has been continued to do so, dealt with thereafter, shall be deemed to be a reserved forest for the purpose of this Act.
(2) In the absence of any rule, order of notification under this Act, applicable to the area in question, any law, custom, rule, regulation, order or notification mentioned in Sub-Section (1) shall notwithstanding anything in any law to the contrary, be deemed to be validly in force as if the same had the force and effect of rules, orders and notifications made under the provisions of this Act and shall continue to remain so in force until superseded, altered or modified in accordance therewith.
(3) No report, working plan or register as aforesaid or any entry therein shall be questioned in any Court of law; provided that the State Government have duly certified that such report, working plan or register had been prepared under the authority of the said Ruler before the date of merger and has been under the authority of the State Government continued to be recognised, maintained or acted upon thereafter.
(4) Forest recognised in the merged territories, as Khesra forests, village forests or protected forests other than reserved forests by whatever name designated or locally known, shall be deemed to be protected forests within the meaning of this Act and provisions of Sub-Sections (2) and (3) shall apply.
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Explanation I :– “Working plan” includes any plan, scheme, project, maps, drawing and lay-outs prepared for the purpose of carrying out the operation in course of the working and management of forests.
Explanation II :– “Ruler” includes the Darbar administration prior to the date of the merger and “State Government” includes the successor Government after the said date.
82. Additional powers to make rules :– (1) The State Government may make rules :
(a) to prescribe and limit the powers and duties of any Forest Officer under this Act,
(b) to regulate the reward to be paid to officers and informant out of the proceeds of fines and confiscations under this Act,
(c) for the preservation reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and
(d) generally to carry out the provisions of this Act.
(2) All rules made under this Act shall, as soon as may be after, they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one session or in two or more successive sessions and if during the said period, the State Legislature makes modifications, if any, therein, the rules shall thereafter have effect only in such modified form, or, however, that such modifications shall be without prejudice to the validity of anything previously done under the rules.
83. Penalties for offences not otherwise provided for :– Any person contravening any provision of this Act or the Rules made thereunder for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to two months or with fine which may extend to one thousand rupees, or with both.
NOTES
(1) Section 83. - Conviction under - Liability for punishment under the section would arise only when a person contravenes any provisions of the Act or the Rules made thereunder for the contravention of which no special penalty is provided - In the present case prosecution never indicated as to which provision under the Act or any Rule made thereunder was violated by the petitioner so as to make him liable for punishment under the section - Impugned judgement set aside : 2010 (II) OLR 441 : (2010) 47 OCR 93 : CLT (2010) Supp. Cri. 1660.
(2) Section 83 - Odisha Forest Saw Mills and Saw Pits (Control) Rules, 1980 - Rules 3 and 13. Penalty for contravention of the provisions of the Act and rules has been provided under Sec. 83, Rule 13 provides penalty for contravention of any rule or condition, granting licence - In the present case, it was not the case of the prosecution that the saw mill was established without a licence under rule 13 - No provision contravened - Acquittal upheld - (1991) 4 OCR - 15.
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84. Persons bound to assist Forest Officers and Police Officers and duties of such officers :– (1) Every person who exercises any right in a reserved or protected forest, or who is permitted to take any forest produce or to cut and remove timber from or to pasture cattle in such forest and every person who is employed by any such person in such forest and every person in any village contiguous to such forest who is employed by the Government or who receives emoluments from the Government for services to be performed to the community, shall be bound to furnish with due despatch to the nearest Forest Officer or Police Officer any information he may possess respecting the commission of, or the intention to commit any forest offence and shall forthwith take steps, whether so required by any Forest Officer or the Police Officer or not —
(a) to extinguish any forest fire in such forest of which he has knowledge or information; and
(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which he has knowledge or information from spreading to such forest;
and shall assist any Forest Officer or Police Officer demanding his aid–
(i) in preventing commission in such forest any forest offence; and
(ii) when there is reason to believe that any such offence has been committed in such forest, in discovering and arresting the offender.
(2) Any person who, being bound so to do, without lawful excuse, fails —
(a) to furnish without necessary delay to the nearest Forest Officer or Police Officer any information as required by Sub-Section
(1);
(b) to take steps as required by Sub-Section (1) to extinguish any forest fire in a reserved or protected forest;
(c) to prevent, as required by Sub-Section (1) any fire in the vicinity of such forest from spreading to such forest; or
(d) to assist any Forest Officer or Police Officer demanding his aid in preventing the commission in such forest any forest offence, or when there is reason to be believe that any such offence has been committed in such forest, in discovering and arresting the offender;
shall be punishable with fine which may extend to two hundred rupees.
(3) On receipt of any such information as is referred to in Sub- Section (1) the Forest Officer or Police Officer, as the case may be, shall forthwith take such action as may be appropriate in the circumstances.
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85. Punishment for abetment of forest offences :– Whoever abets the commission of a forest offence shall be punished with the punishment provided for the offence.
86. Failure to perform service for which a share in produce of Government forest is enjoyed :– If any person be entitled to a share in the produce of any forest which is the property of Government or over which the Government has proprietary right or to any part of the forest produce of which the Government is entitled, upon the condition of duly performing any service connected with such forest, such share shall be liable to confiscation in the event of the State Government being satisfied that such service is not being duly performed :
Provided that no share shall be confiscated until the person entitled thereto, and the evidence, if any, which he may produce in proof of the due performance of such service have been heard by any officer duly appointed in that behalf by the State Government.
87. Recovery of money due to Government :– All money, other than fines, payable to the State Government under this Act, or the expenses incurred in the execution of this Act in respect of timber or other forest produce, or under any contract relating to timber and other forest produce including any sum recoverable thereunder for the breach thereof, or in consequence of its cancellation, or under the terms of a notice relating to the sale of timber or other forest produce by auction or by invitation of tenders, issued by or under the authority of a Forest Officer and all compensation awarded to the State Government under this Act, may if not paid when due, be recovered as if it were an arrear of public demand.
88. Lien on forest produce for such money :– (1) When any such money is payable for or in respect of such forest produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken possession of by a Forest Officer until such amount has been paid.
(2) If such money is not paid when due, the Forest Officer may order such produce to be confiscated and thereupon he may sell such produce by public auction or by calling tenders.
(3) The proceeds of the sale as aforesaid shall be applied first in discharging the aforesaid dues and the balance of the dues, if any, shall be recovered, as if it were an arrear of public demand.
89. Recovery of penalties due under bond :– When any person in accordance with any provision of this Act, or in compliance with any rule, binds himself by any bond or instrument to perform any duty, or covenants by any bond or instrument that he or his employees and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in Section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of public demand.
90. Power of Government to apply the provisions of the Act to certain lands of Government or Local Authority :– The State Government may, by notification, declare that any of the provision of this Act shall 55 apply to any land on the banks of canals or the sides of roads which are the property of the State Government or a local authority and thereupon such provisions shall apply to such lands accordingly.
91. Repeal and savings :– The Indian Forest Act, 1972 (6 of 1972) and the Madras Forest Act, 1882 (Madras Act 5 of 1882) hereinafter referred to as the (‘said Acts’) in their application to the State of Odisha are hereby repealed : Provide that -
(a) any forest or land declared or deemed to be a reserved forest or protected forest or village forest under any of the said Acts shall be deemed to be a reserved forest, protected forest or as the case may be, village forest under this Act; and
(b) all rules and orders made, notifications and notices issued, licences, passes and permits granted, fees levied, imposed or assessed, proceeding instituted and all actions taken and things done under any of the said Acts shall be deemed to have been respectively made, issued, granted, levied, imposed or assessed, instituted, taken or done under this Act and shall continue in force until new provisions are made under this Act.
The Odisha Forest Act, 1972 - Section 56(2)(d) Notification under 7th June, 1983 S.R.O. No. 297/83 — In exercise of the powers conferred by Clause
(d) of Sub-Section (2) of Section 56 of the Odisha Forest Act, 14 of 1972, the State Government do hereby empower the Officers specified under Column (2) of the Schedule below to call for and examine the records of the case and make such enquiry or cause such enquiry to be made and pass such orders as they may think fit, either suo motu or on application in accordance with the provisions of the said Sub-Section in respect of areas within their respective jurisdiction as specified under Column (3) of the said Schedule.
SCHEDULE Serial No. Designation of Officer Jurisdiction
(1) (2) (3)
1. Chief Conservator of Forests Whole State,
2. Additional Chief Conservator of Forests Whole State
3. Conservator of Forest-in-Charge All Forest Divisions of Territorial Circle of his Circle
4. Chief Wild Life Warden Wild Life Conservation Division, Chandbali 56 The Odisha Forest Act, 1972-Section 72(1) Notification under 27th May, 1983 No. 11783-9F. Legal-173/80- F.F.A.H.- In exercise of the powers conferred by Sub-Section(1) of Section 72 of the Odisha Forest Act, 14 of 1972, the State Government do hereby empower all Divisional Forest Officers, all Assistant Conservators of Forests attached to the Territorial Forest Divisions and all Range Officer-in-Charge of the Territorial ranges of the State to accept compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed any forest offence other than an offence under Section 66 or Section 67 of the said Act, in accordance with the provisions laid down in Clauses (i), (ii) and (iii) of the said Sub-Section, read with the Odisha Forest (Detection, Enquiry and Disposal of Forest Offence) Rules, 1980.