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The Indian Forest Act,1927 aimed to regulate the movement of forest produce, and
duty leviable forest produce. It also explains the procedure to be followed for
declaring an area as Reserved Forest, Protected Forest or a Village Forest.
This act has details of what a forest offence is, what are the acts prohibited inside a
Reserved Forest, and penalties leviable on violation of the provisions of the Act.
After the Forest Act was enacted in 1865, it was amended twice (1878 and 1927).
Types of Forests
Reserved Forests: Reserve forests are the most restricted forests and are
constituted by the State Government on any forest land or wasteland which is the
property of the Government.
In reserved forests, local people are prohibited, unless specifically allowed by a
Forest Officer in the course of the settlement.
Protected Forests: The State Government is empowered to constitute any land
other than reserved forests as protected forests over which the Government has
proprietary rights and the power to issue rules regarding the use of such forests.
This power has been used to establish State control over trees, whose timber, fruit
or other non-wood products have revenue-raising potential.
Village forest: Village forests are the one in which the State Government may
assign to ‘any village community the rights of Government to or over any land
which has been constituted a reserved forest’.
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Degree of protection
Reserved forests > Protected forests > Village forests
Forest Settlement Officer
The Forest Settlement Office is appointed, by the State government, to inquire into
and determine the existence, nature and extent of any rights alleged to exist in
favour of any person in or over any land comprising a Reserved forest.
He/she is empowered even to acquire land over which right is claimed.
Drawbacks
The government claimed that the act was aimed to protect the vegetation cover of
India. However, a deep investigation of the act reveals that the real motive behind
the act was to earn revenue from the cutting of the trees and from the forest
produce.
The act gave immense discretion and power to the forest bureaucracy which often
led to the harassment of the forest dwellers.
Moreover, it led to depriving the nomads and tribal people their age-old rights and
privileges to use the forests and forest produce.
The revenue earning potential from timber overshadowed the other values like
biodiversity, prevention of soil erosion, etc.
Later Initiatives
Indian Forest Policy, 1952: The Indian Forest Policy, 1952 was a simple extension
of colonial forest policy. However, it became conscious about the need to increase
the forest cover to one-third of the total land area.
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At that time maximum annual revenue from forests is the vital national need. The
two World Wars, need for defence, developmental projects such as river valley
projects, industries like pulp, paper and plywood, and communication heavily
depended on forest produce on national interest, as a result, huge areas of forests
were cleared to raise revenue for the State.
Forest Conservation Act, 1980: The Forest Conservation Act, 1980 stipulated that
the central permission is necessary to practice sustainable agro-forestry in forest
areas. Violation or lack of permit was treated as a criminal offence.
It targeted to limit deforestation, conserve biodiversity and save wildlife. Though
this Act provides greater hope towards forest conservation it was not successful in
its target.
National Forest Policy, 1988: The ultimate objective of the National Forest policy
was to maintain environmental stability and ecological balance through
conservation of forests as a natural heritage.
The National Forest Policy in 1988 made a very significant and categorical shift
from commercial concerns to focus on the ecological role of the forests and
participatory management.
Penal Provisions
Any person commits any of the following offences, namely:
Fells, girdles, lops, taps or burns any tree reserved under Section 30, or strips
off the bark or leaves from, or otherwise damages, any such trees.
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Contrary to any prohibition under Section 30, quarries any stone or burns
any lime or charcoal, or collects, subjects to any manufacturing process, or
removes, any forest produce.
Contrary to any prohibition under Section 30, breaks up or clears for
cultivation or any purpose any land in any protected forest.
Sets, fire to such forest, or kindles a fire without taking all reasonable
precaution to prevent its spreading to any tree reserved under Section 30,
whether standing, fallen on felled or two any such trees or closed portion of
such forest.
Leaves burning any fire kindled by him in the vicinity of any such trees or
closed portion.
Fells any tree of drags any timber so as to damage any tree reserved as
aforesaid.
Permits cattle to damage any such tree; and
Infringes any rule made under Section 32.
Shall be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to one thousand rupees, or with both.
