RAJASTHAN FOREST ACT, 1953

Rajasthan Act No. 13 of '1953

[31st lVarch, 1953]

An Act to consolidate the law relating to forests the transit of forest produce and the duty
leviable on timber and other forest produce.

Be it enacted by the Rajasthan State Legislature as follows:

fReceived the assent of the President on 3'1st of March, 1953, published in the Rajasthan
Gazette No. 10 Part. lV A, dated the 18th April, 19531

Chapter-l
Preliminary

1. short ritle, Extent and commencement. - (1) This Act may be called the Rajasthan Forest
Act, 1 953.

(2) It extends to llthe whole of Rajasthan] and shall come into force on such *date as the
llstate Gouernm"ntl 2{Official
may, by notification in Gazettel, appoint in that behalf.

2. Definitions. - ln this Act unless there is anything repugnant in the subject or context: -

(1) "Cattle" includes elephants, camels, buffaloes, horses mares, geldings, ponies, colts, fillies,
mules, asses, pigs, rams, ewes, sheep, lambs, goats, and kids;

(2) "Forest Officer" means any person whom the 2lstate Governmentl or my Officer empowered
by the 2[State Government] in this behalf may appoint.to carry out all or any of the purposes of
this Act or to do anything required by this Act or any rule made thereunder to be done by a
Forest Officer;

*Came into force

with effect from 'l-06-53 vide Notification No. F. 34(44) Rev.lli53, dated 25-5-53, published in Extraordinary issue
of Rajasthan Gazotte No. 36, dated 30-05-53

1. Substitutod by item No.23 of Schedule of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, part lV-A, Extra
ordinary, dated'13-08-1957

2. Substituted by section 4 -.ibid.

(3) ,'Forest offence,' means an offence punishable under this Act or under any rule made
thereunder;

I'
[(4) "Forest Produce" includes-

(a) the following whether found in, or brought from aforestornot, that itto say: -

Timber, charcoal, caoutchouc,. catechu, wood oil, resin, natural varnish, bark, lac, mahua
flowers, mahua seeds and myrabolans, and

(b) the following when found in, or brought from a forest, that in to say: -

(i) trees, and leaves, flowers and fruits and all other parts or produce not herein before
mentioned of trees;

(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce
of such plants;

(iii) wild animals and skim, tasks, horns, bones, silk, cocoons, honey and wax and other parts of
produce of animals, and

(iv) peat, surface soil, rock, ahd minerals (including limestone, laterite, mineral oils and at
products of mines or quanies);l

(5) 2txxxl

(6) "Owner" includes the Court of Wards in respect of property under the Superintendence or
charge of such Court;

(7) "River" includes any stream, canal, creek or other channels natural or artificial;

(8) "Timber" includes trees when they have fallen or have been felled, and all wood whether out
up or fashioned or hollowed out for any purposes or not; and

(9) "Trees" includes palms, 3[xxx], stumps, brushwood and canes.

'1. Substituted by section 2 of Rajasth an al no. 22 of 1956, publishe; in the Rajasthan Gazette, part lV A, Extra ordinary,
dated'16.07.1956
2. Omitted by item no. 23 of the schedule of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette part lV A, Extra
ordinary, dated 13-081957.
3. Omitted by Raiasthan Act No. 17of2018
 CHAPTER II

Of Reserved Forests.

3. Power to reserve forest. - The llstate Governmentl may constitute any forest land or waste
land, which is the property of llstate Governmentl, or over which the rlstate Governmentl has
proprietary rights or to the whole or any part of the forest produce of which the l[state
Governmentl is entitled a reserved forest in the manner hereinafter provided.

4. Notification by llstate Government]. - (1) whenever it has been decided to constitute any
land a reserved forest, the llstate Gor"rnrentl shall issue a Notification in the l[official
Gazettel-

(a) declaring that it has been decided to constilute such land a reserved forest;

(b) specifying as nearly as possible, the situation and limits of such land; and

(c) appointing an officer (hereinafter called'the Forest setflement officer') to enquire into and
determine the existence, nature and extent of any rights alleged to exist in favour of any person
in or over. any land comprised within such limits, or in or over any forest produce and to deal
with the same provided in this Chapter.

Explanation: -For the purpose of clause (b), it shall be sufficient to describe the limits of the
forest by roans, rivers, ridges or other well-known or readily intelligible boundaries.

(2) The officer appointed under clause (c) of subjection (1) shall ordinarily be a person not
holding any forest office except that of Forest Setflement Officer.

(3) Nothing in this section shall prevent thel[state Government] from appointing any number of
officer not exceeding three, not more than one of whom shall be a person holding any forest
office except as aforesaid, to perform the duties of a Forest setflement offrcer under this Act.

5. Bar of accrual of forest rights.- After the issue of a notification under section 4, no right
shall be acquired in or over the land comprised in subh notification, except, by succession or
under a grant or contract in writing made or entered into by or on behalf of the llstate
Governmentl; or some person in whom such right was vested when the notification was issued;
and no fresh clearings for cultivation or for any other purpose shall be made in such land except
in accordance with such rules as may be made by the llstate Governmentl in this behalf.

1. Subslituted by section 4 of Rajasthan Act No. 27 of 1957. pubhshed in Rajasthan cazette, pad lV A, Extraordinary, dated
't3.08.57.
6. Proclamation by Forest Settlement Officer. - When a notification has been issued under
Section 4, the Forest Settlement Officer shall publish in Hindi in writing as well as by beat of
drum in every town and village in the neighbourhood of the land comprised therein, a
proclamation,

(a) specifying as nearly as possible, the situation and limits of the proposed forests;

(b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of
such forest; and

(c) fixing a period of not less than three months from the date of such proclamation, and
requiring every person claiming any right mentioned in Section 4 or Section 5 within such period
either to present to the Forest Settlement Officer a written notice specifying, or to appear before
him and state, the nature of such right and the amount and particulars of the compensation (if
any) claimed in respect thereof.

7. Inquiry by Forest Settlement Officer. - The Forest Settlement Officer shall take down in
writing all statements made under Section 6, and shall at some convenient place inquire into all
claims duly preferred under that Section, and the existence of any rights mentioned in Section 4
or Section 5 and not claimed under Section 6 so far as the same may be ascertainable from the
records, of 1[State Government] and the evidence of any person likely to be acquainted with the
same.

8. Powers of Forest Settlement Officer. - For the purpose of such inquiry, the Forest
Settlement Officer may exercise the following powers, that is to say: -

(a) power to enter by himself or any officer authorised by him for the purpose, upon any land
and to, survey, demarcate and make a map ofthe same; and

(b) the powers of a Civil Court in the trial of suits.

9. Extinction of rights. - Rights in respect of which no claim has been preferred under Section
6 and of the existence of which no knowledge has been acquired by inquiry under Section 7,
shall be extinguished, unless, before the notification.under Section 20 is published, the person
claiming them satisfies this Forest Settlement Officer that he had sufficient cause for not
preferring such claim within the period fixed under Section 6.

1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajaslhan Gazette, Pa( lV A, Extraordinary, dated
'13.08.57
10. Treatment of claims relating to practice of shifting cultivation. - (1) ln the case of a
claim relating to the practice of shifting cultivation, the Forest Settlement Officer shall record a
statement setting forth the particulars of the claim and of any local rule or order under which the
practice is allowed or regulated and submit the statement to thel
[state Government], together
with his opinion as to whether the practice should be permitted or prohibited wholly or in part.

(2) On receipt of the statement and opinion the l[State Government] may make an order
permifting or prohibiting the practice wholly or in part.

(3) lf such practice is permitted wholly or in part, the Forest setflement officer may arange for
its exercise-

(a) by altering the limits of the land under settlement so as to exclude land of sufficient extent, of
a suitable kind, and in a locality reasonably convenient for the purposes of the claimant, or

(b) by causing certain portions, of the land under setflement to be separately demarcated, and
giving permission to the claimants to practise shifting cultivation therein under such conditions
as he may prescribe.

(4) AII arrangements made under sub-section (3) shall be subject to the previous sanction ofthe
1[State
Government].

(5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to control,
restriction and abolition by thel [State Government].

11. Power to acquire land over which right is claimed. - (1) ln the case of a claim to a right in
or over any land other than following right: -

(a) a right of way;

(b) a right of water-course or to use of water,

(c) a right of pasture, or

(d) a right to forest produce,

The Forest Settlement Officer shall pass an order adniitting or rejecting the same in whole or in
part,

1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, part IV A, Extraordinary, dated

13.08.57.
(2) lf such claim is admitted in whole or in part the Forest Settlement Officer shall either-

(i) exclude such land from the limits ofthe proposed forest, or

(ii) come to an agreement with the owner thereof or the surrender of his rights, or

(iii) proceed to acquire such land in the manner provided by law for the time being in force
relating to compulsory acquisition of land.

(3) For the purpose of so acquiring such land: -

(a) the Forest Settlement Officer shall be deemed to be a Collector proceeding under such law.

(b) the claimant shall be deemed to be a person interested and appearing before him in
pursuance, of a notice given under that law,

(c) the provisions of that law shall be deemed to have been complied with, and

(d) the Collector with the consent of the claimant, or the Court with the consent of both parties,
may award compensation in land, or partly in land and partly in money.

12, Claims to rights of way, water-course, pasture, and to forest produce. - ln the case a
claim to rights of the kind specified in clauses (a), (b) to (c) and (d) of Section 1 'l , the Settlement
Officer shall pass an order admitting or rejecting the same in whole or in part.

13. Record to be made by Forest Settlement Officer. - The Forest Settlement Officer, when
passing any Order under Section 12, shall record, so far as may be practicable-

(a) the name, father's name, residence and occupation ofthe person claiming the right, and

(b) The designation, position and area of all fields or groups of fields (if any) and the designation
and position of all buildings (if any) in respect of which the exercise of such rights is claimed.

14. Record where he admits claims.- ln regard to a claim to a right of pasture or to forest
produce admitted under Section 12, the Forest Settlement Officer shall record the eitent to
which the claim is so admitted, specifying the number and description of the cattle which the
claimant is from time to time entitled to graze in the forest, the season during which such
pasture is permifted, the quantity of timber and other forest produce which he is from time to
time authorised to take or receive, and such other particulars as the case may require. He shall
also record whether the timber or other forest produce obtained by the exercise of the rights
claimed may be sold or bartered.

15. Exercise of right admitted. - ('1)After making such record the Forest settlement officer
shall having due regard to the maintenance of the reserved fore'st in respect of which the claim
is made, pass such orders as will ensure the contjnued exercise ofthe rights so admitted.

(2) For this purpose the Forest Settlement Officer may-

(a) Set out some other forest tract of sufficient extent, and in a locality reasonably convenient for
the purposes of such claimant and record an order conferring upon thorn a right of pasture or to
forest produce, as the, case may be, to the extent so admitted; or

(b) so all or the limits of the proposed forest as to exclude forest land of sufficient extent and in a
locality reasonably convenient, for the purpose of the claimants; or

(c) record an order, continuing to such claimants a right of paslure or to forest produce, as the
case may be to the extent so admitted, at such seasons, within such portions of the proposed
forest, and under such rules as may be made in this behalf by thel lstate Governmentl.

16. Commutation of rights.- In case the Forest Settlement Officer finds it impossible, having
due regard to the maintenance of the reserved forest, to make such settlement under section 15
as shall ensure the continued exercise of the said rights to the extent so admitted he shall
subject to such rules as the r lstate Governmentl may make in this behalf, commute such rights,
by the payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in
such other manner as he thinks fit.

17' Appeal from order passed under section il, section 12, section 15 or Section 16.-
Any person who has made a claim under this Act, or any Forest officer or other person
generally or specially empowered by the 1[state Government] in this behalf may, within three
months from the date of the order passed on such claim by the Forest Settlement Officer under
Section 11, section 12, section 15, or section 16 present an appeal from such order to such
officer of the Revenue Department of rank not lower than that of a collector, as the llstate
Governmentl may, by notification in the lJofficial Gazettel appoint to hear appeals from such
orders:

Provided that the 1[State Government] may establish a Court hereinafter called the Forest Court
composed of three persons to be appointed by thel[state Government] and, when the Forest
Court has been established, all such appeals shall be presented to it.

18. Appeal under section 17.- (1') Every appeal under seclion
17 shall be made by petition in
writing, and may be delivered to the Forest Settlement Officer, who shall forward it without delay
to the authority competent to hear the same.

I Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, part lV A, Extraordinary,
dated 13.08.57.
 (2) If the appeal be to an officer appointed under Section 17, it shall be heard in
the manner
prescribed for the time being for the hearing of appeals in matters relating
to land revenue.
(3) lf the appeal be to the Forest court, the court shall fix a day and a convenient place
in the
neighborhood of the proposed forest for hearing the appeal and shall give notice thereof
to the
parties and shall hear such appeal accordingly.

(4) the order passed on the appeal by such officer or court or by the majority of the
members of
such court as the case may he shall, subject only to revision by the llstate Governmentl,
be
final.

19. Pleaders. - The [State Government], or any person who has made a craim under
this Act,
may appoint any person to appear, plead and action its or his behalf before the Forest
settlement officer or the Appellate officer or court, in the course of any inquiry or appeal
under
this Act.

20. Notification declaring forest reserved. - (1) when the following events have occurred,
namely: -

(a) the period fixed under section 6 for preferring craims has erapsed,
and afl craims, if any,
made under that section or section 9 have been disposed of by the Forest
setflement officer,
(b) if any such claims have been made, the period rimited by Section
17 for appealing from the
orders passed on such craims has erapsed, and a[ appears (if any) presented
within s;ch period
have been elapsed of by the Appellate Officer or Court, and

(c) all lands (if any) to be included in the proposed Forest, which
the Forest Setflement Officer
has, under section 1 1, elected to acquire under the law for the time being
in force, relating to
compulsory acquisition of land, have become vested in the 1[state Government]
under such
law,

Thellstate Governmentl shal pubrish a notification in the 1[officiar cazette] specifying

definitely, according to boundary marks erected or otherwise, the limits
of the forest which is to
be reserved, and decraring the same to be reserved from a date fixed by
the notification.
(2) From the date so fixed such forest shall be deemed to be
a reserved forest.
21. Publication of translation of such notification in neighbourhood. -
The Forest officer
shall, before the date fixed by such notification, cause a transration thereof
in Hindi to be
published in every town and village in the neighbourhood
ofthe forest.

l Substiluted by section 4 (,f Rajaslhan Act No. 27 0f 1957, pubrished

in Rajasthan Gazette, part rv A, Exraordinary, dated

f3.08.57.
22. Power lo revise arrangements made under Section 15 or Section 1g.- 2(i )l Thellstate
Governmentl may, within five years from the publication of any notification under sectjon 20,
revise any arrangement made under section 1 5 or section i 8, and may for this purpose rescind
or modify any order made under Section 15 or Section 18, and direct that any one of the
proceedings specified in Section 15 be taken in lieu of any other of such proceedings, or that
the right admitted under Section 12 be commuted under Section 16.

Provided that no such arrangement shall he rescinded or modified unless previous motion has
been given to the person or persons likely to be affected by such revision and they have been
heard.

31121
tne State Government may, by notification in the official Gazette, delegate all or any of its
powers under this section to the Board of Revenue or to any other authority named in such
notification.l

23. No right acquired over reserved forest, except as here provided. - No right of any
description shall be acquired in or over a reseryed forest except by succession or under a grant
or contract in writing made by or on behalf of the llstate Governmentl or some person in whom
such right was vested when the notification under Section 20 was issued.

24. Rights not to be alienated without sanction. - (1) Notwithstanding anything contained in
Section 23 no right continued under clause (c) of sub-Section (2) of Section 15 shall be
alienated by way of grant, sale lease, mortgage or otherwise without the sanction of the r[State
Governmentl:

Provided that when any such right is appendant to any land or house, it may be sold or
otherwise alienated with such land or house.

(2) No timber or other forest produce obtained in exercise of any such right shall be sold or
bartered except to such extent as may have been admitted in the order recorded under Section
14.

25. Power to stop ways and water courses in reserved forests. - The Forest Officer may
with the previous sanction of the 1[state Government] or any other duly authorised by it in this
behalf, stop any public or private way or water-course in a reserved forest; provided that a
substitute for the way or water-course so stepped which ihe llstate Gorernmentl deems to be
reasonably convenient, already exists or has been provided or constructed by the Forest officer

1. substituted by section 4 of Rajaslhan Act No. 27 of 1957, published in Rajasth;n cazette, part tv A, Extraordinary, dated
13.08.57.
2. Renumbered by section 2 of Rajasthan Act No. 34 of 1961, published in Rajasthan Gazette, part IV A, Extraordinary,
dated 14.11.1961.
3. lnserted-ibid
 in lieu thereof.

26. Acts prohibited in such forests. l11t1nny person who, in a reserved

- forest-

(a) hespasses, or pastures cattle, or permits cattle to trespass;

(b) causes any damage by negligence in felling, uprooting, converting any tree or cutting or
dragging any timber; or

(c) fells, uproots, girdles, lops, taps, or burns any tree, or part thereof, or strips off the bark or
leaves from, or otheruise damages, the same;

shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to five hundred rupees or with both, in addition to such compensation for
damage done to the forest as the convicting court may direct to be paid.

(1-A) Any person who-

(a) makes and fresh clearing prohibited by section 5; or

(b) sets flre to a reserved forest, or in contravention of any rules made by the State Government
in this behalf, kindles any fire or leaves any fire burning in such manner, as to endanger such a
forest, or

who, in a reserved forest, -

(c) kindles, keeps or carries any fire except at such seasons, as the Forest Offcer may notify in
this behalf;

(d) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or
removes any forest produce:

(e) clears or breaks up any land for cultivation or any other purpose;

(f) in contravention of any rules made in this behalf by the state Government hunts, shoots,
fishes, poisons water or sets traps or snares; or

(g) indulges in any act detrimental to the very existence of the forest.

shall be punishable with imprisonment for a term which may extend to six months or with fine
which may extend to twenty-five thousand rupees or with both, in addition to such compensation
for damage done to the forest as the convicting court may direct to be paid.l

l.SubstitutedbyNotificationNo.F2(11)Vidhi/2/2014[ActNo.8of2Oi4](w.e.t04.03.2014)

10
(2) Nothing in this section shall be deemed to prohibit: -

(a) any act done by permission in writing of the Forest Officer, or under any rule made by the
2[State Government];
or

(b) the exercise of any right continued under clause (c) of sub-Section (2) of Section 15 or
created by grant or contract in writing made by or on behalf of the 2[State Government] under
Section 23.

(3) Whenever fire is caused willfully or by gross in a reserved forest, the 2lstate Governmentl
may (Notwithstanding that any penalty has been inflicted under this section) direct in such forest
or any portion thereof the exercise of all rights of pasture or to forest produce shall be
suspended for such period as it thinks fit, but no such order shall be passed without affording
the persons concerned an opportunity to represent lheir case.

1[26-A
Power to make rules. -

(1)The 2[State Government] may make rules to regulate the following matters in respect of
reserved forests, namely: -

(a) the making of fresh clearings for cultivation or for any other purpose;

(b) the continuance of the practice of shifting cultivation;

(c) the grazing of cattle or the carrying of forest produce by persons who so claim to the right of
pasture or right to forest produce or right of way or water course is admitted under Section 12.

(d) the kindling, keeping or carrying of fire;

(e) the felling, uprooting, tapping, girdling sawing conversion and.removal of trees and timber
and, the collection, manufacture and removal of forest produce, from such foresls;

(f) the examination of forest produce passing out of such forests;

(g) the protection from fire of timber, charcoal or other produce lying in such forests and of trees;

(h) the cutting of grass and pasturing of cattle in such forests;

1. lnserted by section 4 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, Part lV A, Extraordinary dated
16.07.1956.
2. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, Pad lV A, Extraordinary, dated
13.08.57.

11
(i) hunting, shooting, fishing, poisoning water and setting trap or snares in such forests;

0) generally for carrying out the purposes of the Act.

(2) The l[State Government] may prescribe as penalties for the contravention of any rules made
under this Section, imprisonment for a norm which may extend, to six months, or fine which may
extend to five hundred rupees or both.l

27. Power to declare forest no longer reserved. - (1) The l lstate Gor"rnrentl, may, by
notification in the rlofficial Gazettel, direct that, from a date fixed by such notification any forest
or any portion thereof reserved under this Act shall cease to be a reserved forest.

(2) From the date so fixed, such forest or portion shall cease to be reserved but the rights (if
any) which have been extinguished therein shall not revive in consequence of such cessation.

CHAPTER III

Of Village forests

28. Formation of village forests. - (1) The 1[State Government] may assign to any village
community, the rights of llstate Governmentl to or over any land which has been constituted a
reserved forest, and may cancel such assignment. All forests so.assigned shall be called village
forests.

(2) The r [state Government] may make rules for regulating the management of village forests,
prescribing the conditions under which the community to which any such assignment is made,
may be provided with timber or other forest produce or pasture, and their duties for the
protection and improvement of such forest.

(3) All the provisions of this Act relating to reserved forests shall (so far as they are not
inconsistent with the rules so made) apply to the village forests.

'1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, Part lV A, Extraordinary, dated
13.08.57

L2
 CHAPTER IV

Of Protected Forests

29. Protected Forests. - (1) The llstate Governmentl may, by notification in the Rajasthan
Gazefte, declare the provislons of this chapter applicable to any forest land or waste land which
is not included in a reserved forest, but which is the property of [State Government], or over
which the llstate Gorernmentl has proprietary rights, or to the whole or any part of the forest
produce of which the 1[State Government] is entifled.

(2) The forest land and waste land comprised in any such notification shall be called a
"Protected Forest".

(3) No such notification shall be made unless the nature and extent of the rights of [State
Government] and of private persons in or over the forest land or waste land comprised therein
have been inquired into and recorded at a survey or setflement or in such other manner as the
llstate Governmentl thinks
sufficient. Every such record shall be presumed to be correct until
the contrary is proved:

Provided that, if, in the Gase of any forest land or waste land, the [State Government] thinks that
such inquiry and record are necessary but that they will occupy such length of time as in the
meantime to endanger the rights of l lstate Governmentl. llstate Governmentl may pending
such inquiry and record, declare such land to be a protected forest, but so as not to abridge or
affect any existing rights of individual or communities.

2;1+;
fhe State Government may, by notification in the Official cazette, direct that from a date
fixed by such notification, any forest or any portion thereof declared as a protected forest by a
notification issued under subjection (1) shall cease to be a protected forest.

(5) From the date so fixed under sub-section (4), such forest or portion thereof shall cease to be
a protected forest, but the rights, if any, which have been extinguished therein shall not revive in
consequence of such cessation.l

30. Power to issue notificalion reserving trees etc.- The i[State Government] may by
notification in the 1[Official cazette] -

1. substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, part lv A, Exraordinary, dated

13.08.s7

2. lnserted by section 2 of Rajasthan Act No. 19 of 1959, pubtished in Rajasthan Gazette, part lv A, Extraordjnary, dated
25.5.1959.

13
(a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by
the notification.

(b) declare that any portion of such forest specified in the notification shall be closed for such
r[State Government] thinks fit, and that the rights of
term, not exceeding thirty years, as the
private persons, if any, over such portion shall be suspended during such term, provided that
the remainder of such forest be sufficient and in a locality reasonably convenient, for the due
exercise of the rights suspended in the portion so closed; or

(c) prohibit from a date fixed as aforesaid, the quarrying of stone or the burning of lime or
charcoal or the collection or subjection to any manufacturing process, or removal of any forest
produce in any such forest and the breaking up or clearing for cultivation for building, for herding
cattle or for any other purpose, of any land in any such forest.

31. Publication of translation of such notification in neighbourhood. - The Forest Officer

shall cause a translation in Hindi of every notification issued under Section 30 to be affixed in a
conspicuous place in every town and village in the neighbourhood of the forest comprised in the
notification.

32. Power to make rules for protected forest. -1[State Government] may make rules to
regulate the following matters, namely: -

(a) the cutting, sawing, conversion and removal of trees and timber and the collection,
manufacture and removal of forest produce, from protected forests;

(b) the granting of licenses to the inhabitants of towns & villages in the vicinity of protected
forests to take trees, timber or other forest produce for their own use, and the production and
return of such licenses by such persons;

(c) the granting of licenses to persons felling or removing trees or timber of other forest produce
from such forests for the purposes of trade, and the productions and return of such licenses by
such persons;

(d) the payment, if any, to be made by the persons mentioned in clauses (b) and (c) for
permission to cut such trees or to collect and remove buch timber or other forest produce;

(e) the other payments, if any to be made by them in respect of such trees, timber and produce,
and the place where such payment shalt be made;

1. Substituted by section 4 oI Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57.

74
(f) the examination of forest produce passing out of such forests;

(g) the clearing and breaking up of land for cultivation or other purposes in such forests;

(h) the protection from fire of timber lying in such forests and of trees reserved under Section
30;

(i) the cutting of grass and pasturing of cattle in such forest;

O hunting, shooting, fishing, poisoning water and setting traps or snares in such forests;
(k) the protection and management of any portion of a forest closed under Section 30; and

(l) the exercise of rights referred to in Section 29.

33. Penalties for acts in contravention of notification under section 30 or Rules under
Section 32. - 1t(t ) nny person who-

(a) 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 tree; or

(b) fells any tree or drags any timber so as to damage any tree reserved as aforesaid; or

(c) permits cattle to damage any such tree,

shall be punishable with imprisonment for a term which may extend to six months, or with fine
which may extend to five hundred rupees or with both.

(1-A) Any person who-

(a) 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; or

(b) contrary to the prohibition under section 30, breaks up or clears for cultivation or any other
purpose, any land in protected forest; or

(c) sets fire to such forest or kindles a fire without taking all reasonable precautions to prevent
its spreading to any tree reserved under seclion 30, whether standing, fallen or felled or to any
closed portion of such forest; or

(d) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion; or

1. Substituted by Notmcation No. F 2 (11) Vidhi/2/2014 [Act No.8 of2014] (w.e.f.04.03.2014)

15
 (e) infringes any rule made under Section 32,

shall be punishabre with imprisonment for a term which may

extend to six months, or with fine
which may extend to twenty-five thousand rupees or with boih.l

(2) whenever fire is caused wilfufly or by gross negrigence

in a protected forest, the 2[state
Governmentl may (Notwithstanding that any penalty has been
infljcted under this section) direct
that in such forest or any portion thereof, the exercise of any right
of pasture or to forest
producer shall be suspended for such period as it
thinks fit, but no such order shafl be passed
without affording the persons concerned an opportunity to
represent their case.
34. Nothing in this chapter to prohibit acts done in certain
cases. - Nothing in this chapter
shall be deemed to prohibit any act done with the permission
in writing of the Forest officei, or
in accordance with rules made under Section 32, or,
except as regards any portion of a forest
closed under section 30, or as regards any rights the exercise
of which has been suspended
under Section 33, in the exercise of any right recorded
under Section 29.

CHAPTER V

ofthe contror over Forest and Lands not being the property of 2[state
Government]
35. Protection of forest for special purposes. - (i) The 2lstate Governmentl may, by
notification in the 2[officiar Gazette] regurates or prohibit in
any forest or waste rand: -
(a) the breaking up or clearing of land for cultivation:

(b) the pasturing of catfle: or

(c) the firing or clearing of the vegetation;

111d;
the unregulated failing of trees;I

when such reguration or prohibition appears necessary

for any of the forowing purposes: -
(i) for protection against storms, winds, rolling stones
and floods;
(ii) for the preservation of the soir on the ridges
and sropes and in the vafleys of hily tracts. The
prevention of rand srips or of the formation
of ravines and torrents the protection ofiand against
erosion or the deposit thereon of sand, stones or gravel;

1. lnserted by clause (a) of sub-section {'r ) of section s of

Rajasthan Act No. 2i of 1906, pubrished in Rajasthan
Part lV A, Extraordinary, dated 16.7.1956. cazette,
2. by section 4 of Rajasthan Act No. 27 of 1957, pubtished
in Rajasrhan Gazene, part lV A, Exrraordinary, dated
;:Ob;I;ted

16
(iii) for the maintenance of a water supply in springs, rivers and tanks;

(iv) for the protection of roads, bridges, railways and other lines of communication:

(v) for the preservation of the public health;

1[(vi)
for the prevention of denudation of forest.]

(2) The 3[State Government] may, for any such purpose, construct at its own expense, in or
upon any forest or waste land, such work, as it thinks fit.

(3) No notification shall be made under sub-section (1) nor shall any work be begun under sub-
section (2), until after the issue of a notice to the owner of such forest or land calling on him to
show cause, within a reasonable period 2[(not exceeding one month)] to be specified in such
notice, why such notification should not be made or work constructed, as the case may be, and
until his objections, if any, and any evidence he may produce in support of the same, have been
heard by an officer, duly appointed in that behalf and have been heard by an officer, duly
appointed in that behalf and have been considered by the 3[State Government].

36. Power to assume management of forest. - (1) ln case of neglect of or willful disobedience
to any regulatian or prohibition under Section 35, or if the purpose of any work to be construed
underthat section so require, the 3[state Government] may after notice in writing to the owner of
such forest or after considering his objections, if any, place the same under the control of a
Forest officer and may declare that all or any of the provisions of this Act relating, to reserved
forests shall apply to such forest or land.

(2) The net profits, if any, arising from the management of such forest or land shall be paid to
the said owner.

37. Expropriation of forests in certain cases. - (1) ln any case under this chapter in which
the 3lstate Governmentl considers that in lieu of placing the forest or land under the control of a
Forest officer, the same should be acquired for public purposes, the 3[state Government] may
proceed to acquire it in the manner provided by the 4[Rajasthan Land Acquisition Act, 1953
(Rajasthan Act XXIV of 1953)1.

1. lnserted by clause (b) of sub-section 2 of section 5 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, part
lV A, Extraordinary, dated 16.7.1956.
2. lnserted by sub-section 2 of section 5 of Rajasthan Act No. 22 of 1956, published in Rajasthan Gazette, part tv A,
Extraordinary, daled 16.7.1956.
3. substituted by sectjon 4 of Rajasthan Act No. 27 of 1957, pubtished in Rajasthan cazetie, part tvA, Efraordinary, dated
13.08.57.
4. Substituted by item No. 23 of the schedute-ibid.

17
 (2) The owner of any forest or land comprised in any notification under
section 35, may at any
time not less than three or more than twelve years from the date thereof, require
that suih forest
or land shall be acquired for public purposes and the llstate Governmentl shall acquire such
forest or land accordingly.

38. Protection of forest at request of owners, - (1) The owner of any land or if there
by more
than one owner thereof, the owners of shares therein amounting is the aggregate to at least
two-thirds thereof may, with a view to formation or conservation of forests thereon, represenr
in
writing to the Collector their desire-

(a) that such land managed on their behalf by the Forest officer, as a
reserved or a protected
forest on such terms as may be mutually agreed upon; or

(b) that all or any of the provisions of this Act be applied to such lands;

(2) In'either cases, the llstate Governmentl may, by notification in the 1[officiar
Gazette], appry
to such land, such provisions of this Act, as it thinks suitable to the circumstances thereof
and
as may be desired by the applicants.

CHAPTER VI

Of the Duty on Timber and other forest produce

39. Power to
impose duly on timber and other forest produce. _ (1) The 1[State
Governmentl may levy a duty in such manner at such praces and at such rates
as it may
declare by notification in the 11official Gazettel on all timber, or certain classes
of timber or other
forest produce which is produced in Rajasthan and in respect of which the llstate
Goverhmentl
has any right.

(2) ln every case in which such duty is directed to be levied ad valorem, the r[state
Governmentl may fix by rike notification the varue on which such duty
shafl be assessed.
(3) All duties on timber or other forest produce which at the
time when this Act comes into force
in any territory, are revied therein under the authority of the 1lstate Government],
shafl be
deemed to be and to have been duly levied under the provisions
of this Act.

l substituted by section 4 of Rajasthan Act No. 27 of 1957, pubrished in

Rajasthan eazette, cart rv A, Extraordinary, dated

13.08.57.

18
 40. Duty not to affect purchase money or royalty. - Nothing in this chapter shall be deemed
to affect the amount, if any, chargeable as purchase money or royalty on any timber or other
forest produce, although the same is levied on such timber or produce while in transit, in the
same manner as duty is levied.

CHAPTER VII

Of the Control of Timber and other forest produce in transit

41. Power to make rules to regulate transit of forest produce. - (1) The control of all rivers
and their banks as regards the floating of timber as well as the control of all timber and other
forest produce in transit by land or water is vested in the 1[state Government] and it may make
rules to regulate the transit of all timber and other forest produce.

(2) ln particular and without prejudice to the generality of the foregoing power, such rules may: -

(a) prescribe the routes by which alone timber or other specified forest produce may be
imported, exported or moved into, from or within 1[State of Rajasthan];

(b) prohibit the import or export or moving of such timber or other produce within defined local
limits, without a pass from an officer duly authorised to issue the same or otheMise than in
accordance with the conditions of such pass;

(c) provide for the issue, production and return of such passes and for the payment of fees
therefore;

(d) provided for the stoppage, reporting, examination and marking of timber or other forest
produce in respect of which there is reason to believe that any money is payable to the f[state
Governmentl on account of the price thereof, or on account of any duty, fee, royalty or charge
due thereon, or to which it is desirable for the purposes of this Act to affix a mark;

(e) provided for the establishment and regulation ot oepot= to which such timber or other
produce shall be taken by those in charge of it for examination, or for the payment
of such
money, or in order that such marks may be affixed to it; and the conditions under which such
timber or other produce shall be brought to, stored at and removed from such depots;

l Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part
lV A, Extraordinary, dated

13.08.57.

19
(f) prohibit the closing up or obstructing of the channel banks of any river used for the transit of
timber or other forest produce, and the throwing of grass, brushwood, branches or leaves into
any such river or any act which may cause such river to be closed or obstructed;

(g) provide for the prevention or removal of any obstruction of the channel or banks of any such
river, and for recovering the cost of such prevention or removal from the person whose acts or
negligence necessitated the same;

(h) prohibit absolutely or subject to conditions within specified local limits, the establishment of
sawpits, the converting, cutting, burning, concealing or marking of timber, the altering or effacing
or any marks on the same or the possession or carrying of marking hammers or other
implements used for marking timber;

(i) regulate the use of property marks for timber and the registration of such marks; prescribe
the time for which such registration shall hold good; limit the number of such marks that may be
registered by any one person, and provide for the levy of fees for such registration

42. Penalty for breach of rules made under Section 41.- 2l(1\ Any person who
contravenes the provisions of the rules made under section 41 of this Act shall be punishable
with imprisonment for a term which may extend to six months or fine which may extend to
twenty-five thousand or with both.

(2) ln case where the offence under sub-section (1) is committed after sunset and before
sunrise or after preparation for resistance to laMul authority or where the offender has been
previously convicted of a like offence, the penalties shall be double of those mentioned in sub-
section (1)j

43. llstate Government] and Forest officers not liable for damage to Forest produce at
depots.- The 1[state Government] shall not be responsible for any loss or damage which may
occur in respect of any timber or other forest produce while at a depot established under a rule
made under section 41, or while detained elsewhere for the purposes of this Act and no Forest
officer shall he responsible for any such loss or damage, unless he causes such loss or
damage negligently, maliciously or fraudulenfly.

1. substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, part tv
A, Extraordinary, dated

13.08.57.

2. Substituted by Notitication No. F 2(49)Vidhi t2 t201|2lActNo.lS ot 2oi3l (w.e.f.10.04.2013)

20
44. All persons bound to aid in case of accident at Depot. - ln case of any accident or
emergency involving danger to any property at any such depot, every person employed at such
depot, whether by the 1[state Government] or by any private person, shall render assistance to
any Forest officer or Police offlcer demanding his aid in averting such danger or securing such
property from damage or loss.

CHAPTER VIII

Of the Collection of Drift and Stranded Timber

45. certain kinds of timber to be deemed property of the 1[state Government] until tifle
thereto proved and may be collected accordingly. - (1) All timber found adrift beached,
stranded or sunk;

All wood or timber bearing marks which have not been registered in accordance with rules
made under section 41, or on which the marks have been obliterated, altered or defaced by fire
or otherwise; and in such areas the llstate Governmentl directs, all unmarked wood and timber,
shall be deemed to be the property of l lstate Gorernmentl, unless and until any person
established his right and title there to, as provided in this chapter.

(2) such wood and timber may be collected by any or other person entifled to collect the same
by virtue of any rule made under section 51, and may be brought to any depot which the Forest
Officer may notify as a depot for the reception of drift timber.

(3) The 1[State Government] may, by notification in the 1[Official Gazette], exempt any class of
wood or timber from the provisions of this section.

46, Notice to claimants of drift timber. - Public notice shall from time to time be given by the
Forest Officer of timber collected under Section 45. Such notice shall contain a description of
the timber, and shall require any person claiming the same to present to such officer, within a
period not less than two months from the date of such notice, a written statement of such claim.

47, Procedure on claim preferred to such timber. - (1) When any such statement is
presented as aforesaid, the Forest officer may after riraking such inquiry as he thinks fit, either
reject, the claim after recording his reasons for so doing or deliver the timber to the claimant.

1. Substituted by section 4 of Rajasthan Act No.27 of 1957, publjshed in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

21
(2) lf such timber is claimed by more than one person, the Forest Officer may either deliver the
same to any of such persons whom he deems entitled thereto, or may refer the claimants to the
Civil Courts, or retain the timber pending the receipt of an order from any such court for its
disposal.

(3) Any person whose claim has been rejected under this section, may within three months from
the date of such rejection, institute a suit to recover possession of the timber claimed by him;
but no person shall recover any compensation or costs against the 1[State Government] or
against any Forest Officer, on account of such rejection, or the detention or removal of any
timber or the delivery thereof to any other person under this section.

(4) No such timber shall be subject to process of any civil, criminal or Revenue court until it
has been delivered, or a suit has been brought as provided in this section.

48. Disposal of unclaimed timber, - lf no such statement is presented as aforesaid, or if the

claimant omits to prefer his claim in the manner and within the period fixed by the notice issued
under Section 46, or on such claim having been so preferred by him and having, been rejected,
omits to institute a suit to recover possession of such timber within the further period fixed by
section 47, the ownership of such timber shall vest in the 1 [state Government] or when such
timber has been delivered to another person under Section 47 in such other person free from all
encumbrances not created by him.

49, r Jstate Governmentl and its officers not liable for damage to such timber. - The 1[State
Governmentl shall not be responsible for any loss or damage which may occur in respect of any
timber collected under Section 45, and no Forest officer shall be responsible for any such loss
or damage unless he causes such loss or damage negligenfly, maliciously or fraudulenfly.

50. Payments to be made by claimant before timber is delivered to him. - No person shall
be entitled to recover possession of any timber collected or delivered as aforesaid until he has
paid to the or other person entitled to receive it, such sum on account thereof as may be due
under any rule made under Section 5 1 .

51. Power to make rules and prescribe penalties. - (i) The lJstate Governmentl may make
rules to regulate the following matter, namely: -

(a) the salving, collecting disposal of all timber mentioned in Section 45;

(b) the use and registration of boats used in salving and collecting timber;

l Subsliluted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Ga2ette, part tV A, Extraordinary, dated

'13.08.57

22
(c) the amounts, to be paid for salving, collecting, moving, storing or disposing of such timber;
and

(d) the use and registration of hammers and other instruments to be used for making such
timber.

(2) The 1[State Government] may prescribe, as penalties for the contravention of any rules
made under this section, imprisonment for a term which may extend to six months, or find which
may extend to 2[twenty five thousand rupees] or both.

CHAPTER IX

Penalties and Procedure

3152.Seizure of property liable to confiscation and procedure therefore: - (1) When there is
reason to believe that a forest offence has been committed in respect of any forest produce,
such produce, together with all machinery, arms, tools, boats, catfle, vehicle, ropes, chains or
any other article used in committing any such offence, may be seized by any Forest Officer or a
Police Officer not below the rank of a head constable.

(2) Every officer seizing any property under this section shall place on such property a mark
indicating that the same has been so seized and shall, as soon as may be, either produce the
property seized before an officer not below the rank of an Assistant Conservator of Forests
authorised by the State Government in this behalf by notification (hereinafter in this Chapter
referred to as the authorised officer) or where it is, having regard to quantity or bulk or other
genuine difficulty, not practicable to produce property seized before the authorised officer, make
a report about the seizure to the authorised officer, or where it is intended to launch criminal
proceedings against the offender immediately, make a report of such seizure to the Magistrate
having jurisdiction to try the offence on account of which the seizure has been made:

1. Substiluted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, Part lV A, Extraordinary, dated

13.08.57

2. Substituted by Notification No. F 2 (49) Vidhi / 2 i 2012 [ Act No. 15of2Oi3] (w.e.f.1OrO4.2O13)

3. Substituted by Notification No. F2 (49) Vidhi l2l2012lActNo.15of2013l (w.e.f iO.O4.2O13)

23
Provided that, when the forest produce with respect to which such offence is believed to have
been committed is the property of State Government and the offender is unknown, it shall be
sufficient if the officer makes, as soon as may be, a report of the circumstances to his official
superior.

(3) subject lo sub-section (5), where the authorised officer upon production before, him of
property seized or upon receipt of report about seizure, as the case may be, is satisfied that a
forest offence has been committed in respect thereof, he may by order in writing and for
reasons to be recorded, confiscate forest-produce so seized together with all machinery, arms,
tools, boats, cattle, vehicle, ropes, chains or any other article used in committing such offence.
A copy of order of confiscation shall be forwarded without any undue delay to the chief
Conservator of Forests ofthe region in which the forest produce has been seized.

(4) No order confiscating any property shall be made under sub-section (3) unless the
authorised officer-

(a) sends an intimation in prescribed form about initiation of proceedings for confiscation of
property to the Magistrate having jurisdiction to try the offence on account of which the
seizure has been made;
(b) issues a notice in writing to the person from whom the property is seized, and to any
other person who may appear to the authorised officer to have some interest in such
property;

(c) affords an opportunity to the persons referred to in clause (b) of making a representation
within such reasonable time as may be specified in the notice against the proposed
confiscation; and
(d) gives to the officer effecting the seizure and the person or persons to whom notice has
been issued under clause (b), a hearing on date to be fixed for such purpose.
(5) No order of confiscation under sub-section (3) of any machinery, arms, tools, boats, catfle,
vehicle, ropes, chains or any other article (other than timber or forest produce seized) shall be
made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of
authorised officer that any such machinery, arms, tools, boats, calfle, vehicle, ropes, chains or
any other article were used without his knowledge or connivance or as the case may be, without
the knowledge or connivance of his servant or agent and that all reasonable and necessary
precautions had been taken against use of objects aforesaid for commission
of forest offence.]

24
,|
'[52A. Appeal against order of confiscation - (1) Any person aggrieved by an order of
confiscation may, within thirty days of the order, or if fact of such order has not been
communicated to him, within thirty days of date of knowledge of such order, prefer an appeal in
writing, accompanied by such fee and payable in such form as may be prescribed and by
certified copy of order of confiscation, to the Chief Conservator of Forests (hereinafter in this
Chapter referred to as the Appellate Authority) of the forest region in which the forest produce
has been seized.

Explanation. - The time requisite for obtaining certified copy of order of confiscation shall be
excluded while computing period of thirty days referred to in this sub-section.

(2) The Appellate Authority shall, on presentation of memorandum of appeal, issue a notice for
hearing of appeal to the officer effecting seizure and to the appellant, and may send for record
of the case-

(3) The Appellate Authority may pass such orders of "interim" nature for custody, preservation or
disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper
in the circumstances of the case.

(4) The Appellate Authority, having regard to the nature of the case or the complexities involved,
may permit parties to the appeal to be represented by their respective legal practitioners.

(5) On the date fixed for hearing of the appeal or on such date to which the hearing may be
adjourned, the Appellate Authority shall peruse the record and hear the parties to the appeal if
present in person or through any agent duly authorised in writing or through a legal practitioner
and shall thereafter proceed to pass an order of confirmation, reversal or modification of order of
confiscation:

Provided that before passing any final order the Appellate Authority may, if it is considered
necessary for proper decisron of- appeal, make further inquiry itself or cause it to be made by
the authorised officer, and may also allow parties to file affidavits for asserting or refuting any
fact that may arise for consideration and may allow proof of facts by affidavits.

(6) The Appellate Authority may also pass such orders of consequential nature, as it may deem
necessary.

(7) Copy of final order, or of order of consequential nature, shall be sent to the authorised officer
for compliance or for passing any other appropriate order in conformity with the order of
Appellate Authority.

1. lnserted by Notification No. F 2 (49) Vidhi / 2 / 20'12 [Act No. 15 of 2O'13] (w.e.f. 10.04.2013)

25
 528. Revision before Court of Sessions against order of Appellate
Authority. _ (1) Any
party to the appeal, aggrieved by final order or by
order of consequential nature passed by the
Appellate Authority, may within thirty days of the order sought to be
impugned, submit u p"iition
for revision to the Cour'l of Sessions within the Sessions division whereof
the headquarters of
the Appellate Authority are situating.

Explanation. - ln computing the period of thirty days under this sub-section,

the time requisite for
obtaining certified copy of order of Appellate Authority shall be excluded.

(2) The court of sessions may confirm, reverse or modify any finar
order or an order of
consequential nature passed by the Appellate Authority.

(3) copies of the order passed in revision shafl be sent to the

Appelate Authority and to the
authorised officer for compriance or for passing such further
orders or for taking such further
action as may be directed by such Court.

(4) For entertaining, hearing and deciding a revision under this

section, the court of sessions
shall, as far as may be, exercise the same powers and follow the
same procedure as it
exercises and follows whire entertaining, hearing and deciding a revision
under the code of
Criminal Procedure, '1973 (Central Act No.2 of 1gZ4).

(5) Notwithstanding anything to the contrary contained in

the code of criminar procedure, 1973
(central Act No. 2 of 1974), the order of the court of sessions passed
under this section sha
be final and shall not be called in question before any Court.

52c. Bar to jurisdiction of court, etc. under certain circumstances. (1)

- on receipt of
intimation under sub-section (4) of Section 52 about initiation of proceedings
foi confiscation of
property by the Magistrate having jurisdiction to
try the offence on account of which the seizure
of property, which is subject matter of confiscation, has been made, no court,
tribunar or
authority (other than the authorised officer, the Appeflate Authority
and the court of sessions
referred to in secs. 52, 52-A and 52-B), shafl have jurisdictron'to
possession, delivery, disposar, or distribution of the property
make orders wifl., *g*Jt"
in regard to which proceediigs for
confiscation are initiated under section 52, notwithstanding anything
to the contrary containea in
this Act or in any other law for the time being in force.

Explanation. - where under any raw for the time being in

force, two or more courts have
jurisdiction to try forest offence, then receipt
of intimation under sub-section (4) of section 52 by
one of the courts of Magistrates having such jurisdiction shal be
construei to be receipt of
intimation under that provislon by all the Courts and the
bar to exercise jurisdiction shall operate
on all such Courts.

(2) Nothing in sub-section (1) shall affect the power

saved undbr Section 61 .l

26
.53, Power to release property seized under Section 52: - 2[Any forest officer of a rank not
inferior to that of a Ranger who, or whose subordinate, has seized machinery, arms, tools,
boats, cattle, vehicle, ropes, chains or any other article used in committing any forest
offence, shall, subject to the provisions of Sec. 52 may release the same on the execution
by the owner thereof of a bond for the production of the property so released, when and
where required to produce the same.l

54.lJsubsequent procedure. - (1) When a report is made by any officer under sub-Section
(2) of Section 52 to his official superior, such official superior shall, with all convenient
despatch, make a report of the seizure to the Magistrate having jurisdiction to try the
offence on account of which the seizure has been made.

(2) The Magistrate shall, upon receipt of a report under sub-section (2) of Section 52 or
under sub-Section (1) of this section, take such measures including arrest as may be
necessary for the attendance and trial of the offence and the disposal according to law of
the property seized.l

3[Provided that
before passing any order for disposal of property, the Magistrate shall
satisfy himself that no intimation under sub-section (4) of section 52 has been received by
his court or by any other court having jurisdiction to try the offence on account of which the
seizure of property has been made.]

55. Forest Produce, tools, etc., when liable to confiscation. -4[(1) All timber or forest
produce which is not the property of state [state Government] and in respect of which a forest
offence has been committed, and all machinery, arms, tools, boats, catfle, vehicle, ropes, chains
or iny other article used in committing any forest offence, shall, subject to the provisions of
Sections 52, 52-A,52-B and 52-C be liable to confiscation upon'conviction of the offender for
such forest offence.l

(2) Such confiscation may be in addition to any other punishment prescribed for such offence.

l Substituted by section 4 of Rajasthan Act No. 39 of 1958, published in Rajasthan Gazelte, part lV A , Extraordinary, dated
1.12.1958

2. Substituted by Notification No. F 2 (49) Vidhi / 2 / 2012 [Act No. 15 of2O13] (w.e.f ,10.04.20.13)

3. Subslitutod by Notification No. F 2 (49) Vidhi t 2 I 2012lAct No. jS of 20131 (w.e.f. 10_04.2013)

4. Substituted by Notification No. F 2 (49) Vidhi / 2 / 2Oi 2 [Act No. 15of2013] (w.e.f. 10.b4.2013)
 56. Disposal on concrusion of triar for forest, offence of produce in respect of which
it
was committed. - when the trial of any forest offence is concruded, any forest produce
in
respect of which such offence has been committed sha , if it is the property of
lstate
Government] or has been confiscated, be taken charge of by a Forest officer, and, in
any'other
case, may be disposed of in such manner as the Court may direct.

57. Procedure when offender not known or cannot be found. - when the offender
is not
known or cannot be found, the Magistrate may, if he finds that an offence
has been committed,
order the property in respect of which the offence has been committed
to be confiscated and
taken charge of by the Forest officer, or to be made over to the person whom
the Magistrate
deems to be entifled to the same:

Provided that no such order shall be made until the expiration of one
month from the date of
soiling such property, or without hearing the person, if any, craiming any
right thereto, and the
evidence, if any, which he may produce in support of his claim.

58. Procedure as to perishabre property seized under Section s2.- (1) Notwithstanding
anything hereinbefore contained.

(a) the Magistrate may direct the sare of any property seized
under section 59, which is sub.iect
to speedy and natural decay; and

(b) if in the opinion of the officer setting such property, it is not possibre
to obtain the orders of
the lvlagistrate under crause (a) in time, such officer may sefl the property himserf,
remit the
sales proceeds into the nearest ilstate Gouernmentl rreasury and make a report
of such
seizure sale and remittance to the Magistrate and thereupon the Magistrate
shall take such
measure as may be necessary for the hial of the accused.

(2) The Magistrate may dear with the proceeds of the sare of any property
hord under crause (a)
or clause (b) of sub-suction (1) in the same manner as he might have
deart with the property ii it
had not been sold.

'l substituted by section 4 of Rajasthan Act No. 27 of i957, pubrished

in Ralasthan cazette, part rv A, Extraordinary, dated

13.08.57

28
59. Appeal from order under Section 55, Section 56 or Section 57.- Any person claiming to
be interested in property seized under Section 52 may within one month from the date of any
order passed under Section 55, Section 50 or Section 57 present an appeal there from which
may be disposed of in the manner provided by Section 4'19, Code of Criminal Procedure.

60. Property when to vest in lstate [State Government]. -2(1) Property ordered to be
confiscated by an authorised officer under Section 52 shall, subject to the orders passed in
appeal under Section 52-A or in revision under Section 52-8, vest in the State [State
Governmentl free from all encumbrances upon the conclusion ofthe proceedrngs under Section
52-B:

Provided that such vesting shall take effect-

(i) where no appeal is preferred under Section 52-A, on the expiry of the period specified for
preferring appeal under Section 52-A; and

(ii) where final order is passed by the Appellate Authority under Section 52-A but no revision is
preferred under Section 52-8, on the expiry of the period specified for preferring revision under
Section 52-B.l

311211
Wnen an order for the confiscation of any property has been passed under Section 55 or
Section 57 as the case may be, and the period limited by Section 59 for an appeal from such
order has elapsed, and no such appeal has been preferred or when, on such an appeal being
preferred, the Appellate Court confirms such order in. respect of the whole or portion of such
property, such property or such portion thereof, as the case may be, shall vest in the [State
[State Government]l free from all encumbrances.

61. Saving of power to release property seized. - Nothing hereinbefore contained shall be
deemed to prevent any officer empowered in this behalf by the l lstate Governmentl from
directing at any time the immediate release of any property seized under Section 52.

62. Punishment for wrongful seizure. - Any Forest Officer or Police Officer who vexatiously
and unnecessarily seizes any property on pretence of seizing property liable to confiscation
under this Act shall be punishable with imprisonment for a term which may extend to six months
or with fine which may extend to 4[ten thousand rupees] or with both.

1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

2. Substituted by Notificalion No. F 2 (4g) Vidhi / 2 / 2Ot2 [Act No. .5 of 2Ot 3] (w.e.f. 10.04.2013)

3. Renumbered by Notification No. F 2 (49) Vidhi/ 2 / 2012 [Acr No. .15

of 20131 (w.e.f. 10.04.2013)

4. Substituted by Notification No. F 2 (49) Vidhi I 2l 2012IActNo.15 of 20131 (w.e.f. .10.04.2013)

29
63. Penalty far counterfeiting or defacing marks on trees and timber and for altering
boundary marks. - Whoever, with intent to cause damage or injury to the public or to any
person, or to cause wrongful galn as defined in the lndian Penal Code, 1860.-

(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest Officers to
indicate that such timber or tree is the property of the [State Government] or of some person, or
that it may laMully be cut or removed by some person, or

(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the
authority of a Forest Officer, or

(c) alters, moves, destroys or defaces any boundary marks of any forest or waste land to which
the provisions of this Act are applied,

shall be punishable with imprisonment for a term which may extend to two years, or with fine or
with both.

64. Power to arrest without warrant. - (1) Any Forest Officer or police Officer may, without
orders from a Magistrate and without a warrant, arrest any person against whom a reasonable
suspicion exists of his having been concerned in any forest offence punishable with
imprisonment for one month or upwards.

(2) Every Officer making an arrest under this section shall, without unnecessary delay and
subject to the provisions of this Act as to release on bond, take or send the person arrested
before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest
police station.

(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an office
under Chapter IV unless such act has been prohibited under clause (c) of Section 30.

65. Power to release on a bond a person arrested. - Any Forest officer of a rank not inferior
to that of an Officer in-charge of a range, who, or whose subordinate, has arrested any person
under the provisions of Section 64, may release such person on his executing a bond to appear,
if and when so required, before the Magistrate having jurisdiction in the case, or before the
Officer-in-charge of the nearest police station.

66. Power to prevent commission of offence. - Every Forest officer and police officer shall
prevent, and may interfere for the purpose of preventing, the commission of any forest offence.

l Substiiuted by section 4 of Raiasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part tV A, Extraordinary, dated

13.08.57

30
2167. Power to try offences summarily. - Any Chief Judicial Magistrate or any Metropolitan
Magistrate or any Magistrate of the First Class specially empowered in this behalf by the High
Court, may try summarily under the Code of Criminal Procedure, 1973 (Central Act. No. 2 of
1974), any forest offence punishable with imprisonment for a term not exceeding six months, or
fine not exceeding twenty-five thousand rupees or both.l

68. Power to compound offence. - (1) the llstate Gouernmentl may, by notification in
the 1[Official Gazette], empower a Forest Officer. -

(a) to accept from any person against whom reasonable suspicion exists lhat he has
committed any forest offence other than an offence specified in Section 62 or Section
53 a sum of money by way of compensation for the offence which such person is
suspected to have committed, and
(b) when any property has been seized as liable to confiscation, to release the same on
payment of the value thereof as estimated by such officer.
(2) On the payment of such sum of money or such value or both as the case may be, to
such officer, the suspected person, if in custody, shall be discharged, the property, if any
seized shall be released and no further proceeding shall be taken against such person or
property.

3113;
A forest Officer shall not be empowered under this section unless he is a Forest Officer of
a rank not inferior to that of a Range Forest Officer.l

69. Presumption that forest produce belongs to llstate Governmentl. - When in any
proceedings taken under this Act, or in consequence of anything done under this Act, question
arises as to whether any forest produce is the property of the 1[State Government], such
produce, shall be presumed to be the property of the llstate Governmentl until the contrary is
proved.

1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan cazette, Part lV A, Extraordinary, dated

13.08.57

2. Substituted by Notification No. F 2 (49) Vidhi / 2 / 2012 IAct No. 15 of2013l (w.e.f. 10.04.2013)

3. Substituted by Notification No. F 2 (49) Vidhi / 2 / 20'12 lAct No. 15of20131 (w.e.f. 10.04.2013)

3L
 CHAPTER-X

Cattle Trespass

70' cattle Trespass Act to appry. - catfle trespassing in a reserved

forest or in any portion of a
protected forest which has boon rawfuly crosed
to grazing shal be deemed to be catfle doing
damage to public prantation within the meaning of section
t r of the catfle Trespass Act, 1g71,
of the centrar Legisrature as adapted to Rajasihan and
may be seized and impounded as such
by any Forest Officer or police Officer.

71. 1[Power to arter fines fixed under the centrar Act

No. 1 of 1g71 . - The state Government
may, by notification in the official Gazette, direct that,
in lieu of the fines fixed under the catfle
Trespass Act, '1871 (centrar Act No. 1 of 1g71) as
adapted to the state of Rajasthan there sha
be levied for each head of cattle impounded under
section 70 of this Act, such fines as it thinks
fit, but not exceeding the following, that is to say_

For each elephant -Twenty

five rupees
For each camel -Twenty
five rupees
For each buffalo, horse, mare, gelding, colt,
pony, filly, mule, bull, bullock, cLw or -heifer. _Ten
rupees
Foreach calf, ass pig, ram, ewe, sheep lamb,
goat or kid. _One
rupeel

1. Substituted by Notification No. F 2 (49) Vidhj / Z I 2012 [Act No. 15 ot 2013] (w.e.i 10.0a.2013)

32
 CHAPTER-XI

Of Forest Officers

72. llstate Government] invests Forest Officer powers. - The llstate

with certain
Governmentl may invest any Forest Officer with all or any of the following powers, that is to say

(a) power to enter upon any land and to survey, demarcate and make a map ofthe same;

(b) the powers of a Civil Court to compel the attendance of witnesses and the production of
documents and material objects;2 [xxx]
(c) or to hold an enquiry into forest offence 3[; and]
411d1 power to issue a search warrant under the Code of criminal Procedure, '1973 (Central
Act No. 2 of 1974).1

73. Forest Officers deemed public servants. - All Forest Officers shall be deemed to be
public servants within the meaning of the lndian Penal Code, 1860.

74. lndemnity for acts done in good faith. - No suit shall lie against any public servant for
anything done by him in good faith under this Act.

75. Forest Officers not to trade. - No Forest Officer shall, as principal or agent, trade in timber
or other forest produce, or be or become interested in any lease of any forest or in any contract
for working any forest whether in or cu side Rajasthan.

1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

2. Omitted by Noiification No. F 2 (49) Vidhi / 2 / 2012 [Act No. 15 of 20'13] (w.e.f. 1O.O4.2O13)

3. Substiluted by Notificatjon No. F 2 (49) Vidhi/ 2 i 2012 [Act No. '15 of 2013] (w.e.f. 10.04.20j3)

4. lnserted by Notification No. F 2 (49) Vidhi / 2 / 2012 [Act No. 15 of 2013] (w.e.f. 10.04.2013)

33
 CHAPTER.XII

Subsidiary Rules

76. Additional powers to make rules. - The llstate Governmentl may make rules-

(a) to prescribe and limit the powers and duties of any Forest Officer under this Act;

(b) to regulate the rewards to be paid to Officers and informers out of the proceeds of fines and
confiscation under this Act;

(c) for the preservation, reproduction and disposal of trees and timber belonging to llstate
Governmentl, but grown on lands belonging to or in the occupation of private person; and

(d) generally to carry not the provisions of this Act.

77. Penalties for breach of rules. - Any person contravening any rule under this act, for the
contravention of which no special penalty is provided, shall be punishable with imprisonment for
a term which may extend to one month, or with fine which may extend to five hundred rupees,
or with both.

78. Rules when to have force of law. - All rules made by the I [State Government] under this
Act shall be published in the 1[Official Gazette] and shall thereupon so far as they consistent
with this Act have effect as if enacted therein.

CHAPTER XIII

Miscellaneous

79. Person bound to assist Forest Officer and Police Officers. - (1) Every person who
exercises any right in a reserved or protected forest, or who is permitted to take any forest
produce from or to cut and remove timber or to pasture catfle in such forest and every person
who is employed by any such person in such forest, and every person in any village contiguous
to such forest who is employed by the 1 [state Government] or who receives emoluments from,
the llstate Governmentl for services to be performed to the community, shall be bound to
furnish without unnecessary delay to the nearest Forest officer or police officer, any
jnformation he may possess respecting the commission of, or intention
to commit, any forest
offence, and shall forthwith take steps, whether so required by any Forest Officer or not:-

'1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

34
 (a) to extinguish any forest fire in such forest of which he has knowledge or information;

(b) to prevent by any lawful means in his power any fire in the vicinity of such forest of which
he has knowledge or information from spreading to such forest; and shall assist any
Forest Officer or Police Officer demanding his aid
(c) in preventing the commission in such forest of any forest offence; and

(d) when there is reason to believe that any such offence has been committed in such
forest, in discovering and arresting the offender.
(2) Any, person who, being bound so to do, without lawful excuse fails

(a) to furnish without unnecessary delay to the nearest Forest Officer or Police Officer any
information required by sub-section (1 );
(b) to take steps as required by sub-section (1) to extinguish any forest fire in a reserved or
protected forest;

(c) to prevent, as required by sub-section (1), any fire in the vicinity of such forest from
spreading to such forest; or
(d) to assist any Forest Officer or Police Officer demanding. his aid in preventing the
commission in such forest of any forest offence, or when there is reason to believe that
any such offence has been committed in such forest, in discovering and arresting the
offender, shall be punishable with imprisonment for a term which may extend to one or
with fine which may e)dend to two hundred rupees, or with both.

80. Management of Forests the joint property of 11st"t" Gou"rnrnent] and other persons. -
1lstate
(1 ) lf the Government] and any person be jointly interested in any forest or waste land or
in the whole or any part ofthe produce thereof the llstate Governmentl may either-

(a) undertake the management of such forest, waste land or produce accounting to such person
for his interest in the same; or

(b) issue such regulations for the management of the forest, waste land or produce by the
person so jointly interested as it dooms necessary for the management thereof and the interests
of all parties therein.

'1. Substituted by section 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

35
(2) When the llstate Governmentl undertakes under clause (a) of sub-section (1) the
management of any forest, waste land or produce, it may, by notification in the 1[Official
Gazettel declare that any of the provisions contained in Chapters ll and IV shall apply to such
forest, waste land or produce and thereupon such previsions shall apply accordingly.

81. Failure to perform service for which a share in produce of llstate Government] forest
is enjoyed.- lf any person be entitled to a share in the produce of any forest which is the
property of the l lstate Governmentl or over which the 1lstate Government] has proprietary
rights or to any part of the forest produce of which the llstate Gouernmentl is entifled, upon the
condition of duly performing any service connected with such forest, such share shall he liable
to confiscation in the event of the fact being established to the satisfaction of the l[state
Government] that such service is no longer so performed;

Provided that no such share shall be confiscated until the person entifled hereto, and the
evidence, if any, which he may produce in proof of the due performance of such service, have
been heard by an officer duly appointed in that behalf by the l Jstate Governmentl.

82. Recovery of money due to llstate Governmentl.- All money, other than fines, payable to
the llstate Governmentl under this Act, or any rules made thereunder, or on account of timber
or other forest produce, or of expenses incuned in the execution of this Act in respect of timber
or other forest produce or under any contract rotating to timber or forest produce, including any
sum recoverable thereunder for the breach thereof or consequence of its cancellation or under
the lerms of a notice relating to the sale of timber or forest produce by auction or by invitation of
tenders, issued by or under the authority of Forest officer and all compensation awarded to
llstate Gouernmentl under
this Act, may, if not paid when due, be recovered under the law for
the time being in force, as if it were an arrear of land revenue.

83. Lien on forest produce for such money. - (1) When any such money is payable for or in
respect of any forest produce, the amount thereof shall be deemed to be a first charge on such
produce, and such produce may be taken possession of by a Forest officer until such amount
has been paid.

(2) lf such amount is not paid when due, the Forest Officer may sell such produce by public
auction, and the proceeds of the sale shall be applied first in discharging such amount.

(3) The surplus, if any, if not claimed within six months from the date of the sale by the person
entitled thereto, shall be forfeited to the 1[State Government].

'1. substituted by section 4 of Rajasthan Act No. 27 of 19s7, published in Rajasthan cazgtte, part tv A, Enraordinary, dated

't3.08.57

36
84, Land required under this Act to be deemed to be needed for public purpose under the
Land Acquisition Law in force. - Whenever it appears to the 1[State Government] that any
land is required for any of the purposes of this Act, such land shall be deemed to be needed for
a public purpose within the meaning of the 2lRajasthan Land Acquisition Act, 1953 (Rajasthan
Act no. XXIV of 1953)1.

85. Recovery of penalties due under bond. - When any person in accordance with any
provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond
or instrument to perform any duty or act or covenants by any bond or instrument that he or that
he and his servants and agents, will abstain from any act, the whole sum mentioned jn such
bond or instrument as the amount to be paid in case of a breach of the conditions thereof may,
notwithstanding anything in Section 74 of the lndian Contract Act 1972, be recovered from him
in case of such breach, as if it were an arrear of land revenue.

86. Power to exempt. - The llstate Governmentl may by notification in the 1[Official Gazette]
exempt any forest from all or any of the provisions of this Act.

87. Act and to affect or impair certain rights of Rules. - Nothing in this Act shall impair or
otherwise affect such shooting, fishing or other rights of Rulers of covenanting State or the
members of their families as have been recognized in shikargahs, forests or other local
areas by virtue of covenants entered into with the Rulers or documents collateral thereto.

31xxx1
84.

8s.31xxxl

THE SCHEDULE 3lOmitteOl

1. Substituted by seciion 4 of Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part lV A, Extraordinary, dated

13.08.57

2. Substituled by item No. 23 ofthe Schedule-ibid.

3. Omi(ed by item No. 23 of the schedule-ibid.

37