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about 180 miles long and from 20 to 30 broad, situated to the east of the Tista River. This country contained an area of very fine sâl forests in the Duars situated at the foot of the hills and stretching up into the foot-hills.

In the north, at the death of the aged Amir Dost Mahomed of Afghanistan, Lawrence refused to interfere, and left the relatives of the dead Amir to fight amongst themselves for the succession. At length in 1868 a younger son, Sher Ali, won and was then recognised by the Government of India. The policy of non-intervention had not been regarded with a friendly eye by the Afghan Chiefs, and it was left to Lord Mayo to establish warmer relations with the new Amir. This step was regarded as a necessity owing to the fact that Russia was making such rapid strides in Central Asia as to threaten the safety of India, a menace which was to hang over the northern frontier as a dark thunder-cloud for many years thereafter. One of the most disastrous occurrences during the period, which ultimately in conjunction with other causes was to have a considerable influence on the administration of the forests, was what is known as the Orissa famine, resulting from the failure of the rains in 1865. In reality this famine was not confined to Orissa, then a division of Bengal, but extended along the whole of the eastern coast from Calcutta to Madras and penetrated far inland. The districts of Manbhum and Singbhum in Chota Nagpur, as well as the Ganjam district of Madras, suffered severely. Lord Harris was Governor of Madras and dealt effectively with the districts under his jurisdiction. The Bengal Government, however, failed conspicuously, a failure from which the Government of India cannot be disassociated. The Orissa division was an isolated one, the position being described at the period as “the people, shut up in a narrow province between pathless jungles, and an impracticable sea, were in the condition of passengers in a ship without provisions." The failure of the rains and the loss of the crops in this area was greatly aggravated by severe floods from the rivers which followed later in September, 1865, and overwhelmed a thousand square miles of low-lying country, submerging for many days the houses and fields of one and a quarter million of people. Nearly a million people are said to have died in Orissa. Provided adequate communications exist into and throughout a famine area, sound famine policy dictates non-interference with private traders in grain, and Government should refrain from interfering as long as possible. The Government of Bengal, oblivious of the fact that communications into Orissa were almost non-existent (it has been shown that the forests in the division were inaccessible, Vol. I, p. 322), decided to do nothing. Sir John Lawrence had seen the necessity of importing rice as early as November, 1865, but gave way to the representations of the Local Government. The real position was recognised too late. During the latter part of 1865, and throughout 1866, the measures adopted were inadequate ; whilst in the two subsequent years the expenditure was extravagant. But the grave failure which had attended the Orissa famine was an added stimulant to Sir John Lawrence's Government to push on with the construction of public works of various kinds in other provinces. It will be shown how great a part this policy played in the development of forest management during the period here dealt with. There were set-backs. A serious trade depression, more especially in the west, caused by the failure of the Bank of Bombay, reacted on the forest receipts of that Presidency, and made its influence felt further to the north and east. This failure was an outcome of the American Civil War and an abnormal demand for Indian cotton, resulting in wild speculation, in which the management of the Bank participated. The results might well have proved disastrous to the fortunes and progress of the young Forest Department in parts of the country had it not been for the wise and farsighted statesmanship of the Government of India and Secretary of State. They attributed the decreased receipts of the new department to their rightful causes, and were not to be turned from the path they had adopted by the outcry of interested timber merchants who drew the conclusion that forests managed by a Forestry Department could never pay; and that the old policy of leasing the forests for the supply of timber to the timber merchant should be reverted to.

In agricultural legislation Sir John Lawrence had taken a deep interest in the welfare of the peasantry, and had always been ready to support their rights as against the demands of the greater landholders. He passed a Measure (Act XXVI of 1866) for the protection of under-proprietors and tenants in Oudh; but was warned by the Secretary of State "to take especial care, without sacrificing the just rights of others, to maintain the talookdars of Oudh in that position of consideration and dignity which Lord Canning's Government contemplated conferring on them."

After Lord Mayo assumed the Governor-Generalship the misgovernment of Alwar State in Rajputana resulted in the transference of the Government to a Council under British supervision. Troubles also took place in the turbulent little States of the Kathiawar Peninsula. These were dealt with judiciously, but were not without their importance on forest administration.

Perhaps the chief act of Lord Mayo in its direct effect on the forest administration was his measure of financial reform. This will be alluded to in a subsequent part of this work. Lord Mayo's three years of office were brought to an untimely end at the Andamans, where he was murdered by a convict in January, 1872. This brief historic survey of the period will, it is believed, assist in an understanding of the lines on which forest administration developed after Brandis' appointment as Inspector-General in 1864.

Cleghorn, as has been described in Volume I, had been engaged during 1862 and 1863 in laying the foundation of systematic forest administration in the Punjab, by examining the forest resources of the Punjab and the North-West Himalaya and reporting on the steps necessary for their management. His services in the Punjab received high commendation from the Lieutenant-Governor, a commendation in which the Governor-General in Council heartily concurred. During 1864 and part of 1865 Cleghorn was associated with Brandis, the two officers being appointed “Commissioners of Forests to assist the Government of India and Local Governments in the first organisation and further development of a methodical system of forest management. In April, 1866, Brandis went on furlough to Europe, and Cleghorn officiated as InspectorGeneral of Forests till the latter's return in January, 1867, Cleghorn then reverting to his permanent appointment as Conservator in the Madras Presidency. As has been shown, in a resolution dated January, 1865, the Governor-General had designated Cleghorn as the Founder of Forest Conservancy in India, and in a second resolution in 1867 he received the thanks of the Government of India for his long and successful labours in the cause of Forest Conservancy in India.

The lines upon which Brandis and Cleghorn set about introducing a uniform system of forest organisation throughout India will now be traced.

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It became obvious to these officers that little systematic progress could be made in the absence of some recognised law which afforded protection to the forests as a whole and gave the officers of the new department sufficient authority to carry out the prescriptions laid down for their management. This recognition was given effect to by the drafting and promulgation of an Act entitled the Indian Forest Act VII of 1865.

This Act is reproduced here in extenso. It is of considerable interest as being the first attempt at Forest Legislation by the British in India.

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“ Government

ACT No. VII of 1865
(Received the assent of the Governor-General on the

24th February, 1865)
An Act to give effect to Rules for the management and

preservation of Government Forests Preamble.

Whereas it is expedient that Rules having the force of law should be made from time to time for the better management and preservation of forests wherein rights are vested in Her Majesty for

the purposes of the Government of India ; It is enacted as follows: Interpreta- 1. In this Act, unless there be something repugnant in the tion Clause.

subject or context

Government Forests” mean such land covered with Forests." trees, brushwood or jungle, as shall be declared in accordance

with the second Section of this Act to be subject to its provisions. Magis- Magistrate ” shall mean the Chief Officer charged with the

Executive administration of a district or place in criminal matters
by whatever designation such Officer is called, and shall include
any person invested by the Local Government with the powers
of a Magistrate or of a subordinate Magistrate as defined in the
Code of Criminal Procedure, with a view to the exercise by him of

such powers under this Act. “ Local

And in every part of British India in which this Act operates, ment."

Local Government denotes the persons authorised to ad-
minister Executive Government in such part, and includes the
Chief Commissioner of any part of British India under the imme-
diate administration of the Governor-General of India in Council
whenever such Chief Commissioner is authorised by the Governor-
General in Council to exercise the powers of a Local Government
under this Act.

2. The Governor-General of India in Council within the Provinces General in, under his immediate administration, and the Local Governments

within the Territories under their control, may, by notification in




the Local

ments may

visions of this Act.



regulating the conduct of persons

on them.

the Official Gazette, render subject to the provisions of this Act, Governsuch land covered with trees, brushwood, or jungle, as they may render cer? define for the purpose by such notification : 'Provided that such tain lands

subject to notification shall not abridge or affect any existing rights of in- the prodividuals or communities.

3. For the management and preservation of any Government Local Forests or any part thereof in the Territories under their control, ments may the Local Governments may, subject to the confirmation here- make Rules inafter mentioned, make Rules in respect of the matters hereinafter ment and declared, and from time to time may, subject to the like confirma- pionery tion, repeal, alter and amend the same. Such Rules shall not be Forests,

and for repugnant to any law in force.

4. Rules made in pursuance of this Act may provide for the following matters :

employed First.—The preservation of all growing trees, shrubs and plants, What may within Government Forests or of certain kinds only-by prohibiting for provides

by Rules the marking, girdling, felling and lopping thereof, and all kinds of made in injury thereto; by prohibiting the kindling of fires so as to en- of this Act. danger such trees, shrubs and plants; by prohibiting the collecting and removing of leaves, fruits, grass, wood-oil, resin, wax, honey, elephants' tusks, horns, skins and hides, stones, lime, or any natural produce of such Forests; by prohibiting the ingress into and the passage through such Forests, except on authorised roads and paths; by prohibiting cultivation and the burning of lime and charcoal, and the grazing of cattle within such Forests.

Second.—The regulation of the use of streams and canals passing through or coming from Government Forests or used for the transport of timber or other the produce of such Forests—by prohibiting the closing or blocking up for any purposes whatsoever of streams or canals used or required for the transport of timber or Forest produce ; by prohibiting the poisoning of or otherwise interfering with streams and waters in Government Forests in such a manner as to render the water unfit for use; by regulating and restricting the mode by which timber shall be permitted to be floated down rivers flowing through or from Government Forests and removed from the same; by authorising the stoppage of all floating timber at certain Stations on such rivers within or without the limits of Government Forests for the purpose of levying the dues or revenues lawfully payable thereon ; by authorising the collecting of all timber adrift on such rivers, and the disposal of the same belonging to the Government.

Third. --The safe custody of timber the produce of Government Forests—by regulating the manner in which timber, being the produce of Government Forests, shall be felled or converted; by prohibiting the converting or cutting into pieces or burning of any timber, or the disposal of such timber by sale or otherwise, by any person not the lawful owner of such timber, or not acting on behalf

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