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.
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