(1) The person who —
(a) makes any fresh clearing or causes breaking of land which is prohibited under Section 5;
1[(b) sets fire to a forest land in respect of which a notification under Section 4 has been issued, or kindles any fire or leaves any fire burning in such forest land in such manner as to endanger the forest land, or fells, gridles, lops any tree or strips off the bark or leaves from any tree in such land, or otherwise damages the same or causes damage to any forest produce in such land, or quarries stone, burns lime or charcoal or subjects to manufacturing process any forest produce in such land, or collects or removes any forest produce from such land, in contravention of any rule.]
shall be punishable with imprisonment for a term which may extend to 1[one year and with fine which may extend to one thousand rupees] 2[***]
(2) Any person who in a reserved forest —
(a) trespasses or pastures cattle or permits cattle to trespass; or
(b) causes any damage by negligence in felling any tree or cutting or dragging any timber or removing any forest produce.
1[shall be punishable with fine which may extend to -
(i) one thousand rupees for an offence under Clause (a);
and
(ii) two thousand rupees for an offence under Clause (b), in addition to such compensation for the damage done to the forest, which in no case shall be less than the value of the property damaged, as the convicting Court may direct to be paid.]
(3) Any person who 3[sets fire to a reserved forest or] who in a reserved forest —
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660, dt. 5.5.2003.
2. Deleted vide Odisha Act 9 of 1983, O.G.E. No. 444, D/18.4.1983.
3. Inserted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660 dt.
5.5.2003.
12
(a) 1[kindles, keeps or carries any fire or fells], gridles, lops or burns any tree or plant or strips off the bark or leaves from or otherwise damages the same or causes damage to any forest produce;
(b) quarries stone, burns lime or charcoal or collects, subjects to manufacturing process or removes any forest produce;
(c) clears or breaks up any land for cultivation or for any other purpose, or cultivates or attempts to cultivate any land in any manner or puts up any sheds or other structure; or
(d) in contravention of any Rule made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets traps or snares.
shall be punishable with imprisonment for a term 1[which shall not be less than three years but may extend to seven years and with fine which may extend to ten thousand rupees]. 2[***] 1[(4) When a person is convicted for an offence under Clause (a) of Sub-Section (1), the Court shall order eviction of the offender from the land in relation to which the offence has been committed and, on such order being made, all sheds or structures on such land shall be demolished and if the Court so orders, the crop, if any standing on the land shall be seized and confiscated to the State Government.]
(5) Orders passed and actions to be taken under Sub-Section (4) may be executed by a Police Officer not below the rank of Sub-Inspector or a Forest Officer not below the rank of Range Officer as the Court may direct.
(6) Nothing in this section shall be deemed to prohibit.
(a) any act done by permission in writing of the Divisional Forest Officer or an officer authorised by him in that behalf or under any rule made by State Government; or
(b) the exercise of any right continued under Clause (c) of Sub- Section (2) of Section 15, of created by grant or contract in writing made by or on behalf of the State Government as is referred to in Section 24.
NOTES
(1) Charge under Section 27 - Authorised Officer’s finding was that bamboo was not proved to have been from the reserved forest - Held, Charge was, not proved under Sec. 27 - 1997 (II) OLR-354; AIR-1998 Odisha-54.
(2) Section 27(2) (6) and 27(3) (B) - A sal log, which is a timber was found to be removed from a reserve forest by a person which is an offence
1. Substituted ibid.
2. Deleted vide Odisha Act 9 of 1983 O.G.E. No. 444, dt. 18.4.1983.
13 under Section 27(3) (B) and punishable with two years imprisonment - 1989 (II) OLR-441.
(3) Sections 27(2) (b) and 3(B) - (Prior to amendment by Act 9 of 1983) - Period of limitation Timber was found to be removed by the accused- There was no felling of trees and therefore no - damage to the reserve forest - Held offence is covered not by Section 27(2) (B) but by Sec.
27(3)(B) and punishment is two years imprisonment and limitation period is three years 1990 Cri.L.J. 1585 (Odisha), 1989 (II) OLR 441.
(4) Section 27 read with Section 46 - Without permission cutting and removing of trees - offence committed and prosecuted S.D.J.M.
Dharmagarh acquitted the accused - Appeal No dispute of evidence of cutting trees - Accused guilty of offence Appropriate conviction and sentence ordered. 2005 (II) O.L.R. 352.
(5) Section 27 read with Section 46 - Illegal cutting and removing of trees - Magistrate acquitting the accused - Appeal - Accused not disputing the evidence of felling of trees - Non-production of document showing permission to cut and remove the trees - Accused guilty of offence - Direction on conviction and sentence issued : 2005 (II) OLR 352 : 100
(2005) CLT 255.
(6) Section 27(1)(a) - Odisha Timber and Other Forest Produce Transit Rules - Rule 21 - Cognizance under - Occurrence took place in 1988 - Cognizance of offence taken on 20.1.1990 - Meantime more than 15 years have been elapsed - Quashing of proceeding - Offences are punishable with imprisonment less than one year - Cognizance ought not have been taken of the said offences because of the limitation under Sec. 468(i)(b), Cr.P.C.- A petition under Sec. 482, Cr.P.C. should not be entertained when there is much delay in filing it - To secure the ends of justice and undo the wrong there is no fetter to exercise the power under Sec. 482, Cr.P.C.- Petition under Sec. 482, Cr.P.C. is allowed and the entire proceeding is quashed : 2007 (II) OLR 111 : (2007) 36 OCR 887 : CLT
(2007) Suppl. Crl. 503.