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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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