1. Forest Acts in Bangladesh
Ahmed Shamim Al Razi
Additional Secretary
Ministry of Environment, Forest and Climatic Change
2. Definition
• Legal definitions: land that is legally designated as a forest is defined
as a forest even if no trees are growing on it.
• Biological definition: A forest is a large area dominated by trees.
• Land cover definitions define forests based upon the type and density
of vegetation growing on the land. Such definitions typically define a
forest as an area growing trees above some threshold. These
thresholds are typically the number of trees per area (density), the
area of ground under the tree canopy (canopy cover) or the section of
land that is occupied by the cross-section of tree trunks (basal area).
• The forest is a complex ecosystem consisting mainly of trees that
buffer the earth and support a myriad of life forms. The trees help
create a special environment which, in turn, affects the kinds of
animals and plants that can exist in the forest.
3. FAO definition
• Land spanning more than 0.5 hectares with trees higher than 5
meters and a canopy cover of more than 10 percent, or trees able to
reach these thresholds in situ. It does not include land that is
predominantly under agricultural or urban land use.
• Explanatory notes
• 1. Forest is determined both by the presence of trees and the
absence of other predominant land uses. The trees should be able to
reach a minimum height of 5 meters.
• 2. Includes areas with young trees that have not yet reached but
which are expected to reach a canopy cover of at least 10 percent and
tree height of 5 meters or more.
4.
5. Status of Forest
• The total forest area of Bangladesh is 2.6 million hectares, which is
nearly 17.4% of the total land area of the country. The forestry sector
accounts for about 3% of the country's gross domestic product (GDP)
and 2% of the labor force.
6.
7. What was Indian Forest Act of 1865?
• The Indian Forest Act of 1865 extended the British
colonialism in India and claimed over forests in India. The
1865 act was a precursor to the Forest Act of 1878, which
truncated the centuries-old traditional use by communities
of their forests and secured the colonial governments
control over the forestry.
8.
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10.
11. List of Forest Acts
Forest Act 1927
Forest Act (Amendment), 1989
The Bangladesh Private Forest Act (PFA), 1959
State Acquisition and Tenancy (SAT) Act, 1950
The Acquisition of Wasteland Act, 1950
The Private Forest Ordinance, 1955
Brick Burning (Control) (Amendment) Act, 1992
The Bangladesh Wildlife (Preservation) (Amendment) Act, 1974
The Protection and Conservation of Fish (Amendment) Act, 1984
Bangladesh Environment Conservation Act, 1995
Land Reforms Act, 1984
Cattle Trespass Act, 1871.
12. Other minor laws/Rules related to Forest
• Sylhet Forest Transit Rules, 1951;
• Dinajpur and Rangpur Forest Transit Rules, 1954
• Chittagong, Cox's Bazar and Comilla Forest Transit Rules, 1959
• Control of Transit of timbers and other forest produce for transit in
the Sundarbans, 1959
• Dacca Forest Transit Rules, 1959
• Mymensingh Forest Transit Rules, 1959
• East Pakistan General Forest Transit Rules, 1960
• Chittagong Hill Tracts Forest Transit Rules, 1974
13. Conventions that has been ratified by
Bangladesh
• The "Ramsar" Convention: The Ramsar Convention on Wetlands of
International Importance especially as Waterfowl Habitat is an
international treaty for the conservation and sustainable use of wetlands.
It is also known as the Convention on Wetlands. It is named after the city
of Ramsar in Iran, where the Convention was signed in 1971.
• Convention on the Protection of the World Cultural and Natural
Heritage: The Convention concerning the Protection of World Cultural
and Natural Heritage was adopted by the General Conference of
UNESCO on 16 November 1972. The same General Conference adopted
on 16 November 1972 the Recommendation concerning the Protection,
at National Level, of the Cultural and Natural Heritage.
14. • Convention on International Trade in Endangered Species of Wild
Flora and Fauna(CITES:CITES) The Convention on International Trade
in Endangered Species of Wild Fauna and Flora) is an international
agreement between governments. Its aim is to ensure that
international trade in specimens of wild animals and plants does not
threaten their survival
• United Nations Framework Convention on Climate Change
(UNFCC):The United Nations Framework Convention on Climate
Change is an international environmental treaty adopted on 9 May
1992 and opened for signature at the Earth Summit in Rio de Janeiro
from 3 to 14 June 1992. It then entered into force on 21 March 1994,
after a sufficient number of countries had ratified it
19. The Forest Act 1927-21st Semtember 1927
Chapter -13 & Total section -86 Amended in 2010
• Chapter 1-Preliminary
• Chapter 2-of Reserve Forest –Chapter 2
(section 3-27)
• Chapter 3- of Formation of village Forest
section (28)
• Chapter 4- of Protected forest section 29-
34
• Chapter 5- control over other land not
owned by govt.(35-38)
• Chapter6- Duty on Timber on forest
land(39-40)
• Chapter 7-Control on Timber in transit(41-
44)
• Chapter 8 –Collection of drift and stranded
timber(45-51)
• Chapter 9-Penalty & procedures(52-69)
• Chapter 10-Cattle trespass (70, 71)
• Chapter 11-Forest officer(72-75)
• Chapter 12-Subsidiary Rule (76-78)
• Chapter 13-Misc(79-86)
20. Types of Forest
• Reserved Forest: Chapter 2 (section 3-27)
• Protected Forest: Chapter 4(section 29-34)
• Unclassed state Forest: (USF): These forest, concentrated in CHT,
covers about 0.72 m ha of land, which is about 29% of the total forest
land of Bangladesh. The land is controlled by the Ministry of Land,
while FD manages the forestry activities therein.
21. Process of Declaring Reserve Forest:
• Described in section 3 to 27 of Forest
Act 1927
• Government may constitute any forest
land as Reserve forest(3)
• Notification in the official gazette (4)
• Appoint Forest Settlement officer
(4.1.c)(Any number 4.3
• Be a person not holding any forest
office except settlement officer (4.2)
• Propaganda by FSO
• Power to enter, civil court,
• Extinction of right (9)
• Deemed to act as collector as LA
provision
• Appeal to Div Com(section 18.2)
• Revision by Govt(18.3)
• Declare as RF(20,c)
• Penalty to enter in RF(26.d) six months,
money and compensation for damage
22.
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29.
30.
31.
32.
33.
34.
35.
36.
37. CHAPTER IV
OF PROTECTED FORESTS
Section 29 to 34
• Govt. can declare provisions of the chapter which is not included in RF (29)
• Declare any trees or class of trees in a protected forest to be reserved
from a date fixed by the notification; (30)
• Power to make rules for protected forests, & regulate as described (32) [page 15]
• Punishment –six months, 2 thousands and compensation(33) page 17
• More punishment in 33.1.a page 17
38. CHAPTER V
OF THE CONTROL OVER FORESTS AND
LANDS NOT BEING THE PROPERTY OF
GOVERNMENT
Page 19
39. CHAPTER VI
•OF THE DUTY ON TIMBER AND OTHER FOREST-
PRODUCE (31-38)
•Page 20
40. Chapter 7
• OF THE CONTROL OF TIMBER AND OTHER FOREST-
PRODUCE IN TRANSIT (41-44)
•Page 21
41. Chapter 8
•OF THE COLLECTION OF DRIFT AND STRANDED
TIMBER(45-51)
• Page 23
42. CHAPTER IX
PENALTIES AND PROCEDURE(52-69A)
Page 25, 26, 27
Power to arrest without warrant 64
Prosecution of forest-offences 69 A