Section-20

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

(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,

ii. trespasses, pastures cattle or allows cattle to trespass; 

iii. causes any damage, either willfully or negligently in felling or cutting any  trees 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 sanders  wood 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  (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) if 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.