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CHAPTER-II Reserved Forests

Section 20: Penalties for trespass or damage in reserved forest and acts prohibited in such forest

The Telangana Forest Act, 1967

How current this text is

Text as published by India Code for the Government of Telangana (Environment, Forests, Science and Technology Department): the Andhra Pradesh Forest Act, 1967 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated 13.05.2015, with amendments up to Act No.35 of 1997.

Amendments made by Andhra Pradesh after 2 June 2014, such as the Andhra Pradesh Forest (Amendment) Act, 2016, do not apply in Telangana and are not in this text.

Chapter IIIA (sections 28A to 28G, Preservation of Private Forests) applies only in the Scheduled Areas and is not part of this India Code text; it is printed in the 2012 text of the Andhra Pradesh Forest Act hosted by the Telangana Forest Department, and the Telangana Preservation of Private Forest Rules, 1978, made under section 28-G for the scheduled areas, were adopted in Telangana by G.O.Ms.No.22 of 13.05.2015; the instrument that inserted the chapter has not been identified.

(1) Any person who–

(a) contravenes the provisions of clause (b) or sub-section (1) of section 7;

(b) sets fire to a forest notified to be reserved under section 4 or kindles in such forest any fire or leaves any fire burning in such manner as to endanger such forest;

(c) in a reserved forest –

(i) kindles, keeps or carried any fire, except at such season and subject to such conditions as the Divisional Forest Officer may, from time to time, specify in this behalf;

(ii) trespasses, pastures cattle or allows cattle to trespass;

(iii) causes any damage, either wilfully or negligently in felling or cutting any tree or dragging any timber;

(iv) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages the same;

(v) quarries, stones, burns lime or charcoal;

(vi) collects or subjects to any manufacturing process, any forest produce;

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

(viii) hunts, shoots, fishes, poisons water or sets traps or snares;

(ix) damages, alters or removes any wall, ditch embankment, fence, hedge or railing; or

(x) removes any forest produce;

(d) abets any of the acts specified in clauses (a), (b) and (c), shall in addition to such compensation for damages caused to the forests as the court may direct to be paid, be punishable –

(i) in every case where any of the acts aforesaid relates to sandalwood or red sanderswood with imprisonment for a term which shall not be less than three months but which shall not exceed one year and with fine which shall not exceed ten thousand rupees;

(ii) in any other case, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

(2) Nothing in sub-section (1) shall be deemed to prohibit–

(a) any act done in accordance with any rule made under this Act or with the permission in writing of the Divisional Forest Officer or of an officer authorized by him to grant such permission; or

(b) the exercise of any right continued under sub-section (3) or sub-section (4) of section 11 or created by a grant or contract in the manner described in section 17.

(3) Where a person contravenes the provisions of sub-clause (ii) or sub-clause (vii) of clause (c) of sub-section (1)–

(i) a forest officer not below the rank of a Ranger;

(ii) a police officer not below the rank of a Sub- Inspector; or

(iii) a revenue officer not below the rank of a Deputy Tahsildar;

may evict the person from the forest or the land, pertaining to which the contravention has taken place and remove any building or other construction or anything grown or deposited on it:

Provided that before taking any action under this sub-section, the officer concerned shall given an opportunity to the person affected to make any representation against the action proposed.

(4) Where any agricultural or other crop is grown on the land in contravention of sub clause (vii) of clause (c) of sub-section (1) or any building or other construction is put up on such land, any such crop, building or other construction shall be liable to confiscation by an order of the Divisional Forest Officer:

Provided that before making any order under this sub-section, the Divisional Forest Officer shall give an opportunity to the person affected to make a representation against the order proposed to be made.