網頁圖片
PDF
ePub 版

Power to
Local
Govern-

ment to
prescribe
punish-

ments for infringement of Rules.

Rules when confirmed and

published to have the force of law.

Confisca

of the owner; by regulating the manner in which property-marks shall be affixed to timber and other Forest produce in Government Forests; by prohibiting the affixing of property-marks to timber by any person not the owner of the timber or acting on behalf of the owner, so long as such timber shall be within certain territorial limits, or shall be in transit on certain rivers; by prohibiting within certain territorial limits the effacing or alteration of propertymarks on timber; by prohibiting, within such limits, the use of the property-marks employed by the Government, or the fraudulent use of the property-marks of private persons; by requiring the registry within certain territorial limits of implements for affixing property-marks on timber; by directing the levying of fees for the registration of such implements.

Fourth. The regulation of the duties of the Government Officers and establishments charged with the management and conservancy of Government Forests and with the levy of Forest dues and revenues; by prohibiting their engaging in any employment or office other than their duties as public servants; by fixing penalties for the wilful neglect of the Rules laid down for the guidance of such persons in all matters connected with the guarding of the boundaries of the Forests, the marking, girdling or felling of trees, the marking and passing of timber, the reporting and preventing of offences against the Rules made in pursuance of this Act and the collecting of Forest dues or revenues.

5. In cases where the penalty of confiscation is not provided by this Act, the Local Government may prescribe punishments for the infringement of Rules made in pursuance thereof, by fine not exceeding five hundred rupees, and in default of payment of such fine may provide for the imprisonment of the offender for such term as is mentioned in the sixty-seventh Section of the Indian Penal Code.

6. Such Rules when confirmed by the Governor-General in Council and published in the Official Gazette shall have the force of law.

7. All implements used in infringing any of the Rules made in tion in case pursuance of this Act, and all timber or other Forest produce, of infringe- removed or attempted to be removed, or marked, converted, or cut up contrary to such Rules, shall be confiscated.

ment of Rules.

Arrest and

seizure in case of in

8. Any Police Officer or person employed as an Officer of Government to prevent infringement of the Rules made in pursuance of fringement this Act may arrest any person infringing any of such Rules, and may seize any implements used in such infringement, and any timber liable to confiscation under this Act.

of Rules.

Procedure

in case of

arrest.

9. Any person arrested on the ground that he has committed an infringement of such Rules shall forthwith be taken before a Magistrate, who may, if he see reasonable cause, order such person to be detained in custody until the case shall have been disposed of.

or procuring

10. Where the doing of any act is made punishable by this The causing Act, or by any of the Rules to be made in pursuance thereof, with a punishany penalty, the causing or procuring such act to be done shall able act to be punishable in like manner.

be done is

punishable in the same

act.

in respect of

property

11. When any timber or other property shall be seized as liable manner as to confiscation under this Act, any Magistrate or Officer em- the doing of powered to enforce penalties under this Act within the district or Procedure division of a district wherein the same may be seized, may, upon information, summon the person in possession of such timber or seized as other property, and upon his appearance, or in default thereof, may examine into the cause of the seizure of such timber or other property, and may adjudge the same to be confiscated and sold on account of the Government.

liable to

confiscation.

vexatious

12. Any Police Officer or Officer of Government who shall Penalty for vexatiously and unnecessarily seize the goods or chattels of any seizures and person under the pretence of seizing property liable to confiscation, arrests. or who shall vexatiously and unnecessarily arrest any person, or commit any other excess beyond what is required for the execution of his duty, shall be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description as defined in the Indian Penal Code for a term not exceeding three months.

ment of

13. All fines and penalties under the Rules made in pursuance Enforceof this Act shall be enforced by a Magistrate in the manner pre- confiscascribed by the Code of Criminal Procedure, and the Rules therein tions and contained for the trial of cases and for appeals shall be applicable under to confiscations adjudged under this Act.

penalties Rules.

confiscation

14. When the confiscation of any property shall be adjudged Property on under the last preceding Section, the same shall thereupon belong to vest in to and vest in Her Majesty, and a Warrant shall be issued by the HerMajesty. Court to a Police Officer directing him to hold the property confiscated at the disposal of the Local Government.

15. When any confiscation or penalty shall be adjudged under Remission this Act, the Local Governments may, within three months after of penalties. final judgment, call for the proceedings of the case, and, if they shall see cause, may direct that the seizure or any part thereof be restored, and may remit the penalty or part thereof, and direct that the offender be discharged.

of suits

16. No suit or other proceeding shall be commenced against any Limitation person for anything done in pursuance of this Act, without giving under this to such person a month's previous notice in writing of the intended Act. suit or other proceeding and of the cause thereof; nor after the expiration of three months from the accrual of the cause of suit or other proceeding.

Period within

17. No charge of an offence under this Act shall be instituted which charges to except within six months after the commission of such offence. be brought. 18. This Act shall extend to all the Territories under the im- Extent of mediate administration of the Government of India and under

Act.

Commencement of

the Governments of Bengal, the North-Western Provinces and the
Punjab; and it shall be lawful for the Governors in Council of
Madras and Bombay respectively, by notification in the Official
Gazette, to extend this Act to the Territories under their respective
Governments.

19. This Act shall come into operation on the first day of May, Act. Short 1865, and may be cited as "The Government Forests Act, 1865.'

Title.

[ocr errors]

Under the Act it will be seen that Local Governments were empowered to draft Local Rules for their respective provinces for the better management and preservation of the forests. The necessity for such forest legislation was borne out by the fact that during the years 1865 and 1866 seven Local Governments and Administrations, Mysore, Coorg, Burma, Central Provinces, Berar (Hyderabad Assigned Districts), Oudh, and Bengal, submitted draft rules for confirmation to the Government of India, whilst the North-West Provinces and Punjab had such rules under consideration. Cleghorn, officiating Inspector-General of Forests, had also drawn up a set of simple rules for the conservancy of the forests of the Native States in Central India who might desire to adopt them. These latter were not connected with Act VII of 1865, but were drafted for the guidance of the native durbars, and "it is satisfactory to notice," says the Governor-General's Minute of January, 1867, "that many of the chiefs are becoming alive to the value of their forests and have of their own accord adopted these rules."

The Rules under the Act deal with the details of Forest Conservancy such as the staff to be employed in the administration of the forests, the procedure to be followed in creating "Reserved Forests " and " Unreserved Forests," their demarcation, the nature of the acts which were prohibited within them and the privileges of the local villagers or ryots within either class of forest. Lists of "reserved trees were drawn up, the felling of which was prohibited in the forest without previous permission having been accorded, and the procedure was defined for removing unreserved trees, grass, fuel and so forth. Felling in any forest could be stopped by the Forest Officers on adequate cause being shown. The practices so long in force of firing the forests, grazing, shifting cultivation and unauthorised hacking and felling were prohibited in reserved forests unless previous sanction had been obtained. For the felling and removal of timber licenses were to be issued by the

[graphic][merged small][merged small]
« 上一頁繼續 »