(1) Any person who —
(a) fells, gridles, lops, traps or burns any trees reserved under Section 34, or strips off the bark or leaves from, or otherwise damages any such tree;
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(b) contrary to any prohibition under Section 34, quarries any stone, or burns any lime or charcoal, or collects, subject to any manufacturing process, or removes any forest produce;
(c) contrary to any prohibition under Section 34, breaks up or clears for cultivation or any other purposes any land in any protected forest or cultivates or attempts to cultivate any such land in any manner.
(d) sets fire to such forest or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under Section 34, whether standing, fallen or felled, or to any portion of such forest notified under the said section;
(e) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(f) permits cattle to damage any such tree; or
(g) infringes any Rule made under Section 36;
shall be punishable with imprisonment for a term which may extend to one year 1[and with fine] which may extend to two thousand rupees and shall also be liable to pay such compensation not being less than the value of the damage caused to the forest as the convicting Court may direct to be paid.
(2) When a person is convicted of an offence under Clause (c) of Sub-Section (1) the Court shall order eviction of the offender from the forest land or entire 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.
(3) The order of eviction may be executed by a Police Officer not below the rank of Sub-Inspector or a Forest Officer not below the rank of a Range Officer or a Revenue Officer not below the rank of a Revenue Inspector, as the Court may direct.
(4) Whenever in a protected forest :
(a) fire is caused wilfully or by gross negligence; or
(b) theft or forest produce occurs and such theft is in the opinion of the State Government, and to such a scale as to be likely to imperil the future yield of such forest;
the State Government may, on the recommendation of the Collector of the district and notwithstanding that any penalty has been inflicted under this section or under any other law for any act referred to in Clause
(a) or Clause (b), direct that in such forest or any portion thereof the exercise of any right of pasture or to forest produce shall be suspended for such period as they think fit :
1. Substituted by Odisha Act 9 of 1983.
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Provided that before making any recommendation to the State Government, the Collector give the persons concerned a reasonable opportunity of being heard.
NOTES
(1) Applicability of Section 37(I)(c) - Prohibition under Sec. 34 relates only to protected Forest and it is only to have the operation of Sec. 37(I)(c) - Sec. 34 deals with the power to issue notification, reserving trees, etc.
Section 37(I)(c) also is related to protected forest. The prohibition under this section embrace, breaking up or clearing for cultivation any land is protected forest or any attempt to cultivate any such land is any manner;
Chandra Sen. Bag Vrs. State - 79 (1992) CLT 616, 1992(II) OLR -185.
(2) Section 37(1)(c) it was found that the accused persons were cutting logs in the Khuntabadi unreserved forest by the help of saw, for which they did not have the permit. In the presence of witnesses the wood and saw were seized and the accused had to face trial under Sec.
37(1)(c) of the Forest Act - It was held by the court that a notification under Sec. 34, has to be issued for un-reserved forest. It was admitted that in order to show any declaration that the land of the Commission of alleged act was a protected forest, no notification was brought on record.
In such view of the matter the conviction thus made and the sentence thus awarded is not maintainable - 1992(II) OLR - 185; 34(1992) OJD- 352 (Crimes); 1992(III) Crimes (Odisha)-587.
(3) Oral evidence cannot take the place of notification - The burden of proving all the ingredients of the offence lies on the prosecution - (1996) 32 CLF.
(4) Conviction under Sec. 37 of Odisha Forest Act cannot be sustained when there is no evidence regarding issuance of necessary notification of Sec. 37, declaring the forest in Question to be a reserved one, - Raghu Dalei Vrs. State - XL III (1977) CLT-706.
(5) Burden lies on the prosecution to prove notification - 43(1977) CLT-365 and 706; 45(1978), CLT-611.
(6) When a charge is made under Sec. 37(1)(b), notification under Sec. 30 and 31 becomes necessary AIR 1960 Pat.-213.
(7) Secs 37, 46, 55-A - Odisha Timber and Other Forest Produce Transit Rules - Rule 21 - Appeal against order of acquittal - In order to prove the offence under Sections 37, 46 and 55-A of the Act, onus lies on the prosecution to prove that the accused-respondents were removing fire wood which is a forest produce from the reserved forest and the same alongwith other articles was seized inside the reserved forest area - In the present case none of the witnesses has stated that the firewood and other articles were seized inside the reserved forest area when the firewood was being removed from the reserved forest - Contradiction with regard to the place of seizure - No independent corroboration to the seizure - Pros- 19 ecution has not examined any independent witness to support the version of the department officials - Prosecution has failed to prove the case against the accused respondents beyond reasonable doubt - No interference :
2006 (Supp.- II) OLR 156 : CLT (2006) (Supp.) (Cri.) 999.