INDIAN FOREST ACT NOTES

1. INDIAN FOREST ACT, 1927
BRIEF HISOTRY
• The IFA (16 of 1927): An Act to consolidate the law relating to
forests, the transit of forest-produce and the duty leviable on
timber and other forest-produce.
• The IFA was notified on 21st September, 1927
• The first IFA was enacted in 1865 and Amended in 1878
• The first Forest Policy was promulgated in 1894
• The First NATIONAL Forest Policy was enunciated in 1952
• The Revised NATIONAL Forest Policy came in 1988
• HP Amendments to IFA were made in 1968 and 1991
• The IFA (HP Amendment Act), 1968 & 1991 applies to the
whole of HP and is currently in force in the state (with later
Amendments)

2. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS
• Sec 2: Interpretation Clause
This Section gives definitions of various terms and their
meaning in the Act
• In this ‘bamboo’ is included under ‘Tree’; however,
• Sections 3 to 19: These deal with the procedure and process
of constitution of RESERVED FORESTS
• Section 20: After completion of the due process, the Govt.
notifies the Reserved Forest as on and from the date notified
• Section 26: This lists what is prohibited and what can be
allowed by way of exercise of Rights in a RF; Under sub-
section (3), the Govt may suspended exercise of Rights if fire
is caused willfully or by negligence; (Prison 6 months & fine Rs
5000 or both)

3. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 2
• Section 29: deals with the Power of Govt to declare
PROTECTED FORESTS
• Section 32: Empowers the Govt to make rules to regulate the
exercise of Rights in Protected Forests
• Section 33: lists and specifies penalties for offences
committed under Sec 32; (Prison 6 months & fine Rs 5000 or
both)
• Sec 41 and 41A: deal with the Powers of State and Central
Govts to make rules to regulate transit of Forest Produce
within and across states
• Sec 42: prescribes Penalties for breach of rules made under
Sec 41 and 41 A; (Prison 6 months & fine Rs 5000 or both)

4. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 3
• Sec 52 deals with PENALTIES and PROCEDURE (see 1991 for
Amendments to this section)
• Sec 52(1): empowers a forest or police officer to seize the
forest produce and tools, vehicles etc. used in the commission
of that offence;
• Sec 52(2): The seized property shall have a property mark
indicating that it is seized property; and, a report to the
concerned Magistrate will be made as soon as possible to try
the case under which the property has been seized
• Sec 53: Any forest officer of rank of Forest Ranger and above
may on execution of a bond by the offender, release the
seized property to the owner

5. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 4
• Sec 55: Forest Produce, tools etc. liable to confiscation
• Sec 55(1): All timber or forest-produce which is not the
property of Government and in respect of which a forest-
offence has been committed, and all tools, boats, vehicles and
cattle used in committing any forest-offence, shall be liable to
confiscation.
• Sec 55(2): Such confiscation may be in addition to any other
punishment prescribed for such offence.
• Sec 56: Disposal of Govt property or which is confiscated shall
be as per directions of the Court.
• Sec 62: prescribes penalty of 6 months imprisonment and fine
to any Forest or Police officer who wrongfully seizes property

6. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 5
• Sec 63: prescribes punishment of up to 2 years or fine or both
for an offender who counterfeits, alters, obliterates, defaces
or otherwise tampers with such mark on standing trees or
timber or boundary pillars for wrongful gain (under IPC)
• Sec 68: Power to Compound Offences:
(1) The State Government may, by notification in the Official
Gazette, empower a Forest-officer –
(a) to accept from any person against whom a reasonable
suspicion exists that he has committed any forest offence
other than an offence specified in section 62 or section 63, a
sum of money by way of compensation for the offence which
such person is suspected to have committed, and

7. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 6
(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 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.
(3) 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
Ranger and is in receipt of monthly salary amounting to at least
one hundred rupees, and the sum of money accepted as
compensation under clause (a) of sub-section (1) shall in no
case exceed the sum of fifty rupees. * (changed now)

8. INDIAN FOREST ACT, 1927
IMPORTANT SECTIONS – 7
• Sec 79: Persons bound to assist Forest & Police officers. This
section applies to right holders and employees of Govt, who
are render assistance in case of intended or commissioned
forest offences and in case of fire as detailed in the Section.
(2) Any person so bound can be punished with imprisonment
up to one month or a fine of Rs 200 or both for failure to do
so / render assistance.

9. INDIAN FOREST ACT, 1927
HP 2nd AMENDMENT, 1991
• Under Sec 2 (8): ‘vehicle’ is not to include bicycle and cattle
• Under Sections 26, 33 and 42, the penalties have been
enhanced to ‘six’ months imprisonment and ‘fine’ of Rupees
Five Thousand;
• What the forest guard needs to understand with regard to the
other Amendments is that new sub-sections have been added
and that the ACF is now the authorised officer in case of Sec
52 and the CF the ‘revisionary authority’ under Sec 59A;

10. INDIAN FOREST ACT, 1927
HP Govt NOTIFICATION: No. FFE-B-A(3)-3/2010 Dated 05-05-10
• This Notification empowers Forest Range Officers in charge of
Ranges to compound offences under Sec 68 where the value
of the offence is up to Rs 2 lacs
• It also regulates and details forest offences that CANNOT be
compounded and who are the ‘authorised’ officers for
compounding ‘other’ offences, like DFO can compound cases
relating to damage (avoidable and unavoidable) by companies
and corporations; between Rs 2 lacs and Rs10 lacs
• It also gives details of cases that are to be taken to Court
• And, those which are to be registered with the Police