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picture1_Forest Ecosystem Pdf 158888 | Pages 226 Proposed Amendments To Ifa Dated 7032019


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File: Forest Ecosystem Pdf 158888 | Pages 226 Proposed Amendments To Ifa Dated 7032019
secret forest policy division moef cc goi dated 07 03 2019 amendment to indian forest act 1927 section indian forest act 1927 proposed amendment comments of state ut government 1 ...

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                                                                                                                                                                                                Secret 
                                                                                                                     Forest Policy Division, MOEF&CC, GoI [Proposed Indian Forest (Amendment) Act, 2018] 
                                                                                                                                                                                  Dated 07.03.2019 
                                                                                AMENDMENT TO INDIAN FOREST ACT, 1927 
                     
               Section                     Indian Forest Act, 1927                                         Proposed amendment                             Comments of State/UT Government 
                                                          
                   1                                    2                                                              3                                                      4 
                                                                                                                        
                            INDIAN FOREST ACT 1927                                      THE INDIAN FOREST ACT, 2019                                        
                             
                            Preamble:                                                   Preamble:                                                          
                            An Act to consolidate the law relating to forests, the      “An  act  to  provide  for  conservation,  enrichment  and         
                            transit  of  forest-produce  and  the  duty  leviable  on   sustainable management of forest resources and matters 
                            timber and other forest-produce.                            connected therewith to safeguard ecological stability to 
                                                                                        ensure provision of ecosystem services in perpetuity and 
                            WHEREAS it is expedient to consolidate the law  to address the concerns related to climate change and 
                            relating to forests, the transit of forest-produce and      international commitments.”   
                            the  duty  leviable  on  timber  and  other  forest-         
                            produce; it is hereby enacted as follows:-                   
                                                                                        WHEREAS it is imperative    to  conserve  forests,    to 
                                                                                        improve the ecosystem services that flow from forests, 
                                                                                        to  ensure  environmental  stability  and  wellbeing  of 
                                                                                        people  in  general  and  forest  dependent  people  in 
                                                                                        particular,    to   meet    the    national   developmental 
                                                                                        aspirations and the various international commitments, 
                                                                                        to  strengthen  and  support  the  forest  based  traditional 
                                                                                        knowledge    and    all  matters  connected  therewith  or 
                                                                                        ancillary    or    incidental    thereto,    with    peoples’ 
                                                                                        participation and to provide a comprehensive legislation 
                                                                                        to  deal  with  issues  related  to  forestry  sector  and 
                                                                                        therefore the Indian Forest (Amendment) Act, 2019 is 
                                                                                        enacted as under: 
                                                                                         
                                                                                        Be  it  enacted  in  the  year  ………………….  by  the                                       
                                                                                        Parliament of the Republic of India as follows: 
                     
                                                                                                            1 
                     
                     
                                                                                                                                                                                        Secret 
                                                                                                                 Forest Policy Division, MOEF&CC, GoI [Proposed Indian Forest (Amendment) Act, 2018] 
                                                                                                 CHAPTER I 
                                                                                                          
                                                                                               PRELIMINARY  
                    
               Section                   Indian Forest Act, 1927                         Proposed amendment in IFA with Section(re-                    Remarks of MoEF&CC/ Core 
                                                                                                           arrangement)                                           Committee 
                   1                                 2                                                            3                                                    4 
                  1.      Short title and extent---                                  1. Short title and extent---                                   
                                                                                                                                                    
                 (1)      This Act may be called the Indian Forest Act, 1927.        (1)  This  Act  may  be  called  the  Indian  Forest   
                                                                                     (Amendment) Act, 2019.                                         
                                                                                                                                                    
                 (2)      It extends to the whole of India except the territories    (2) It extends to the whole of India, except the State of      
                                                             st
                          which immediately before the 1  November, 1956,  Jammu & Kashmir.                                                         
                          were comprised in Part B States.                                                                                          
                                                                                                                                                    
                 (3)      It  applies  to  the  territories,  which,  immediately    (3) It shall come into force with effect from ………..            
                                   st
                          before 1  November, 1956, were comprised in the                                                                            
                          State  of  Bihar,  Bombay,  Coorg,  Delhi,  Madhya 
                          Pradesh,  Orissa,  Punjab,  Uttar  Pradesh  and  West 
                          Bengal; but the Government of any State may by 
                          notification  in  the  Official  Gazette  bring  this  Act 
                          into force in the whole or any specified part of that 
                          State to which this Act extends and where it is not in 
                          force. 
                  2.      Interpretation Clause---                                   2. Definition---                                               
                                                                                      
                          In this Act, unless there is anything repugnant in the     In  this  Act,  unless  there  is  anything  repugnant  in  the 
                          subject or context,-                                       subject or context,- 
                  (1)     “cattle”  includes  elephants,  camels,  buffaloes,        (1) “cattle” includes domesticated /captive population of      
                          horses, mares, geldings, ponies, colts, fillies, mules,    buffaloes,  bulls,  bullocks,  cows,  oxen  and  other         
                          asses,  pigs,  rams,  ewes,  sheep,  lambs,  goats  and    livestock  such  as  camels,  elephants,  donkeys,  goats,     
                          kids;                                                      horses, mares, mithuns, mules, pigs, sheep, yaks, or any       
                                                                                     other domesticated animals notified by Central or State         
                                                                                     Government  and also their young; 
                                                                                      
                                                                                     (2)  “claimant” in respect of any land means a person, 
                                                                                     claiming to be entitled to the land or any other interest 
                                                                                     therein  acquired,  owned,  settled  or  possessed  or 
                                                                                     purported  to  have  been  acquired,  owned,  settled  or 
                                                                                                        2 
                    
                    
                                                                                                                                                                                     Secret 
                                                                                                              Forest Policy Division, MOEF&CC, GoI [Proposed Indian Forest (Amendment) Act, 2018] 
                                                                                   possessed  whether  under,  through  or  by  any  lease  or 
                                                                                   license under and in accordance with any provision or 
                                                                                   any enactment. 
                                                                                    
                                                                                   (3) “community” is a group of persons specified on the 
                                                                                   basis of Government records living in a specific locality 
                                                                                   and  in  joint  possession  and  enjoyment  of  common 
                                                                                   property  resources,  without  regard  to  race,  religion, 
                                                                                   caste, language and culture. 
                                                                                    
                                                                                   (4) “village forest” means the village forests referred to 
                                                                                   in  section  28  of  the  Indian  Forest  (Amendment)  Act, 
                                                                                   2019. 
                                                                                    (5)  “forest”  includes  any  Government  or  private  or    
                                                                                   institutional  land  recorded  or  notified  as  forest  /forest 
                                                                                   land in any Government record and the lands managed 
                                                                                   by  Government/community  as  forest  and  mangroves, 
                                                                                   and  also  any  land  which  the  Central  or  State 
                                                                                   Government may by notification declare to be forest for 
                                                                                   the purpose of this Act.  
                                                                                    
                                                                                   Explanation: 
                                                                                    
                                                                                   The  term  “forest”  includes  meadows,  grassland, 
                                                                                   watercourses,  ponds,  lakes,  roads  etc.,  situated  within 
                                                                                   such forest. 
                                                                                    
                                                                                    
                                                                                   (6) “forest land” means land of any description notified, 
                                                                                   recorded  or identified in accordance with law as forest 
                                                                                   and forest land and includes reserved forest, protected 
                                                                                   forest,  unclassed  or  unclassified  forests  (if  any),  any 
                                                                                   land  transferred  to  the  forest  department  for  forestry 
                                                                                   purposes, existing, proposed and deemed forests. 
                                                                                    
                                                                                    
                                                                                   (7)  “Reserved  Forests”  means  the  reserved  forests 
                                                                                   referred  to  in  section  3  of  the  Indian  Forest 
                                                                                   (Amendment) Act, 2019. 
                                                                                    
                                                                                                      3 
                    
                    
                                                                                                                                                                                                  Secret 
                                                                                                                      Forest Policy Division, MOEF&CC, GoI [Proposed Indian Forest (Amendment) Act, 2018] 
                                                                                          
                                                                                         (8)  “Protected  Forests”  means  the  protected  forests 
                                                                                         referred  to  in  section  29  of  the  Indian  Forest 
                                                                                         (Amendment) Act, 2019. 
                                                                                          
                                                                                          
                                                                                         (9)    “Unclassed Forests” means all demarcated or un-
                                                                                         demarcated forest land or non-forest land, Government  
                                                                                         or   private  land  legally  transferred,  handed-over, 
                                                                                         purchased,  acquired  or  given  to  the  State  Forest 
                                                                                         Department/Union         Territory     Administration       for 
                                                                                         administration  and  management;  but  has  not  been 
                                                                                         notified either as “reserve forest” or “protected forests”,  
                                                                                         duly entered in the forest records; this include the non-
                                                                                         forest  land  or  any  land  transferred  for  the  purpose  of 
                                                                                         compensatory afforestation under Forest (Conservation) 
                                                                                         Act,  1980.  All  the  provisions  of  the  Chapter-IV  of 
                                                                                         Indian  Forest  (Amendment)  Act,  2019  shall  apply  to 
                                                                                         unclassed forest lands. 
                                                                                          
                                                                                         (10) “production forests” may be defined as notified by 
                                                                                         the  Central  Government,  State  Government  or  Union 
                                                                                         Territory Administration under Section-34.C (1) for the 
                                                                                         specific  purpose  of  increasing  production  of  forest 
                                                                                         produce in the country. 
                                                                                           
                  (2)       “Forest-officer” means any person whom the State  (11)  “Forest-officer”  means  any  person  whom  the   
                            Government or any officer empowered by the State  Central  or  the  State  Government  or  any  officer   
                            Government in this behalf, may appoint to carry out          empowered by the Central or the State Government in   
                            all  or  any  of  the  purposes  of  this  Act  or  to  do   this behalf, may appoint to carry out all or any of the            
                            anything  required  by  this  Act  or  any  rule  made       purposes of this Act or to do anything required by this            
                            thereunder to be done by a Forest-officer;                   Act or any rule made thereunder to be done by a Forest-            
                                                                                         officer;                                                           
                                                                                                                                                            
                                                                                                                                                            
                  (3)        “forest-offence” means an offence punishable under          (12) “forest-offence” means an offence punishable under            
                            this Act or under any rule made thereunder;                  this Act or under any rule made thereunder;                        
                                                                                                                                                            
                                                                                                                                                            
                  (4)       “forest-produce” includes–                                   (13) “forest-produce” includes–                                    
                                                                                                             4 
                     
                     
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