The Assam Forest Regulation (Amendment) Act, 1995
#### Registered No. A-12

## THE ASSAM GAZETTE

# <5rwra«r

## extraordinary

373 <53% '• W Sratfw

### PUBLISHED BY AUTHORITY

95 (w h . w w 2 c r 1995, 12 W®f, 19)7 R *)

No. 95 Oispui, Tuesday, 2nd May, 1 ^ 5 12th Vaisakha,

J 917 (S L :)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE

BRANCH

NOTIFICATION

.. . t . ... ... . . . . . .                                                     - ' ■ .                                                     - '                                                     - .                                                     -                                                     - 7                                                     -                                                     -                                                     - '

The 2nd May, **1995**

No. LGL. 24/94/130.—The following Act of the As: am

Legislative Assembly which received the assent cf the

Governor is hereby published for general information.

A                                                                                                   -


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**556 THE ASSAM GAZETTE, EXTRAORDINARY MAY 2, 1995**

ASSAM ACT NO. XIV OF 1995

#### (Received the assent of the Governor on 30th April, 1995)
 THE ASSAM FOREST REGULATION (AMENDMENT)
 ACT, 1995
 AN
ACT

#### further to amend the Assam Forest Regulation, 1891
 (Regulation VII of 1891).

**Preamble.** Whereas it is expedient further to

#### amend the Assam Forest Regulation, 1891, hereinafter referred to as the principal Regulation.

 It is hereby enacted in the Forty-sixth Year of
 the Republic of India, as follows: — .....

**Short titleand** 1. (1) This Act may be called the Assam Forest

**commence­** Regulation (Amendment) Act, 1995.

**ment***

#### (2) It shall come into force on such date as the
 State Government may by notification, published in the Official Gazette, appoint. _

 Amendment 2. In the principal Regulation, in Section 3,

**ofSsction 3. £o r** sub-section (3), the following shall be substitu­

#### ted, namely :
 "(3) ’timber’ means trees when they have
 fallen or have been felled or all wood, whether cut out or fashioned or hollowed out for any purpose or not and includes trees when cut into pieces or sizes or peeled out or sliced out (veneer) for manu­ facturing of plyboard, block board or any other purposes or not.”
I* *

#### Amendment 3. In the principal Regulation, in Section 24,
 of^secuon £
o r p o r [ti]o n [ beginning with the words, "shall ]

#### be” and ending with the words "such damage”, occuring after the clause (b), the following shall be substituted, nam ely:
 "Shall be punished with fine which may extend
 to five thousand rupees or with imprisonment which may extend to one year or with both, or


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THE ASSAM GAZETTE. EXTRAORDINARY, MAY 2, 1995 557

when the damage resulting from his offence

amounts to more than one thousand rupees, with
fine which is not less than five thousand rupees or
with imprisonment which is not less than one year
but may extend to three years or with both.”

of section 25. 4. In the principal Regulation, in Section 25,

for the portion beginning with the words "shall be[1]’
and ending with the words "with both”, occurring
after the clause (g), the following shall be substi­

tuted, nam ely:

"Shall be punished with imprisonment for a

term which is not less than one year but may.
extend to three years or with fine which may

extend to five thousand rupees or with both.”

Amendment 5 - the principal Regulation, in Section 35,

>f section 35 for sub-section (l), the following shall be substitu­

ted, nam ely:

"(1) If any person infringes the provisions of

Section 33, he shall be punished with imprisonment

for a term which is not less than one year but may
extend to three years or with fine which may
extend to five thousand rupees, or with both.”

Amendment 6. In the principal Regulation, in Section 40,

ot Section40.|
n sub-section (2), for clause(l), the following shall

be substituted, namely :

"(1) prohibit absolutely, or subject to condi­

tions, rules, within specified local limits, the estab­
lishment of saw mills, saw pits, veneer mills, ply­
wood factories and any kind of forest based

industries for the purpose of conversion, manufac­
turing, peeling, slicing, cutting, burning concealing,
marking or supermarking the timber, altering or.
effecting any of the marks on the same and posses­
sion or carrying of marking hammers or other,
implements, used for marking timber; and” 1

Amendment 7 j
n the principal Regulation, in Section 41,

ec,on' ’f the sub-section (1), the following shall b'e sub*
o r

L stituted, namely:

"(1) The State Government may, by a rule

under the last foregoing section, attach to the


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558 THE ASSAM GAZETTE. EXTRAORDINARY. **MAY** 2, **1995**

breach of any rule under that section any punish­
ment not exceeding imprisonment for a term which
may extend to three years or fine which may

extend to five thousand rupees or both.”

ofs'cH^w. 8. In the principal Regulation, for Section 49,

the following shall be substituted, namely :

**property** 49. (1) When there is reason to believe that a

confisc f° [r e s] t offence has been committed in respect of any
con a ion. £ . p j together with all
s o r e s [^] r o ( u c e ) s u c h produce

tools, boats, motorised boats, vessels, cattle, carts,
rafts, machinaries, vehicles, trucks, ropes, chains or
any other implements, articles or materials used

in the commission of such offence may be seized by
any Forest Officer not below the rank of a Forester
or any Police Officer not below the rank of a Sub­

Inspector of Police.

(2) Every Officer, seizing any property under

sub-section (1), shall place on such property or the
receptacle, if any, in which it is contained, a mark
indicating that the same hag been so seized and

shall, as soon as may be, either produce the pro­
perty seized before an officer not below the rank
of Assistant Conservator of Forests authorised by

the State Government in this behalf by notification
in the Official Gazette (hereinafter referred to as
the 'Authorised Officer’) or where it is, having

regard to the quantity or the bulk or any other
genuine difficulty, not practicable to produce the
property seized before the Authorised Officer, or

where it is intended to launch prosecution against
the offender, immediately make a report of such'
seizure to the Magistrate having jurisdiction to try
the offence on account of which the seizure has

been m ade:

         - Provided that where the forest, produce with

respect to which such offence is believed to have
been committed is the property of the Government
and the offender is unknown, it shall be sufficient
if the Officer makes, as soon as rnay be, a report of
the circumstance to his official superiors.


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THE ASSAM GAZETTE. EXTRAORDINARY. MAY 2, 1995 559

(3) Any Forest Officer or Police Officer may,

if he has reason to believe that a vehicle has been or
is being used for the transport of any forest pro­
duce in respect of which any forest offence has

been committed, require the driver or any other
person or persons in-charge of such vehicle to stop
the vehicle and cause it to remain stationary as
long as may reasonably be necessary to examine

the contents in the vehicle and inspect all records
relating to the goods carried, which are in posses­
sion of such driver or other person in-charge of
the vehicle.

(4) Subject to the provisions of sub-section (5)

and (6), where the Authorised Officer upon produc­
tion before him of the property seized or upon
receipt of a report about seizure, as the case may
be, and after such personal inspection or verifica­
tion as he may deem fit and necessary, is satisfied
that a forest offence has been committed in respect
thereof, he may by order in writing and for reasons
to be recorded therein, confiscate the forest pro­
duce so seized together with all tools, vehicles,

cattle, trucks, motorised boats, boats, carts,

machinaries, rafts, vessels, ropes, chains or any

other implements or articles used in committing

such offence. A copy of the order of confiscation
shall, without any undue delay, be forwarded to
the Circle Conservator of Forests of the Circle in
which the forest produce has been seized and the
Magistrate having jurisdiction to try the offence on
account of which the seizure has been m ade.____

(5) No order confiscating any property shall

be made under the preceeding provisions unless
the Authorised Officer-—

(a) sends an intimation in the prescribed form

about the initiation of the proceeding for confisca­
tion of property to the Magistrate having jurisdic­
tion to try the offence on account of which the
seizure has been made;

                                                     - .

(b) issue a notice in writing to the person

from whom the property is seized, and to any other


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560 THE aSSAM GAZETTE. EXTRAORDINARY, MAY 2, 1995

person who may appear to the Authorised Officer
to have some interest in such property and in
cases of motorised boats, vessels, vehicles, trucks,
etc. having a registered number to the registered
owner thereof;

(c) affords to the persons referred to in clause

(b) above a reasonable opportunity of making

a representation within such reasonable time as

may be specified in the notice, against the propo­
sed confiscation; and

(d) gives to the Officer effecting the seizure

and the person or persons referred to in clause (b)
or (c) above, a reasonable opportunity of being
heard on a date or dates to be fixed for the

purpose.

(6) Notwithstanding anything contained in the

foregoing provisions, no order of confiscation under
sub-section (4) of any tools, boats, motorised boats,
vessels, cattle, carts, rafts, machinaries, vehicles,

trucks, ropes, chains or any other implements,

articles (other than timber or forest produce) shall
be made if any person referred to in clause (b) of
sub-section (5) proves to the satisfaction of the

Authorised Office’’ that such tools, vehicles, machi­
naries, trucks, vessels, boats, motorised boats,

rafts, carts, cattle, ropes, chain or any other im­
plements, articles were used without his knowledge
or connivance or abetment or as the case may be,
without the knowledge or connivance or abetment
of his servant or agent and that all reasonable and
due precautions had been taken against the use of
the object aforesaid for the commission of forest

offence.” vj

Amendment 9. f n the principal Regulation, for Section 49-A,

49—A.[t!]°[n] the following shall be substituted, namely:

reTeZser ro 49-A. Any Forest Officer not below the rank'

pe-rty seized of a Forest Ranger, whose subordinate has seized

tione 49Sec"a r iy tools, vehicles, trucks, vessels, rafts, machina-

n ’ ries, boats, motorised boats cattle, ropes, chains or


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any other implements, articles, etc. under Sec­

tion 49, may release the same on the execution by
the owner or the person in-charge thereof of a bond
for the production of the property so released if
and when so required before the Magistrate having
jurisdiction to try the offence or before any

Authorised Officer whenever required fox- the pur­
pose as mentioned under Section 49 to proceed

ahead with the offence on account of which the
seizure has been made:

Provided that whenever such release is made,

the Officer releasing the property shall immediately
make a report to the Authorised Officer describ­
ing the circumstances and the reasons for the
release of the property to the claimant or the
owner or the person in charge of the property.”

n"w seed °[f] P[r] i[n c] iP[&]l Regulation, after Section

**4 9 -** p/an°a 49-A, the following new sections shall be inserted

**4S— c .** respectively as Sections 49-B and 49-C, namely :

t 4 ; ■■VS'-'-

**“ Review.** 49-B. Any Forest Officer not below the rank of

a Conservator of Forests specially empowered by

the State Government in this behalf by notification

in the Official Gazette may, suo-motu or on applica­
tion bv the aggrieved person call for and examine

any record or any order under Section 49 (4) and

may make such enquiry or cause such enquiry to

ae made and may pass such order as he deems fit :

Provided that no order under this Section

shall be made if in the meantime an appeal has

oeen preferred under Section 49-C :

Provided further that no order prejudicial to

_ny person shall be passed without giving him a

reasonable opportunity of being heard.

**Appeajj** 49-C. Any person aggrieved by an order under

Section 49 (4) or Section 49-B may, within thirty

days from the date of communication to him of

such order prefer an appeal to the District Judge

having jurisdiction over the area in which the


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5 6 2 THE ASSAM GAZETTE. EXTRAORDINARY, MAY 2, 1995

property has been seized and the District Judge
shall after giving a reasonable opportunity of being

heard to the parties, pass such order either varying,

confirming, modifying, annuling or setting aside the

order appealed against and the order of the Court
so passed shall be final,

v ‘ ' 1 < y . . a , ; ; . , -

Explanation : 1 ,

’’ '                                                                                                                                                                                                                             - ’                                                                                                                                                                                                                             -

The time required for obtaining the certified

copy of the order of confiscation or the order passed

under Section 49-B shall be excluded while compu­
ting the period of thirty days referred to in this

Section.”

J                                                                                                                                -

Amendment 11. In the principal Regulation, in Section

ofSectionso s [^]o [p ] m a r [^ occurring at the last part]

shall be substituted by a colon m ark and a proviso
thereto as under shall be inserted, nam ely:

"Provided that before passing any order for

disposal of property, the Magistrate shall satisfy

himself that no intimation under sub-section (5)

of Section 49 has beer received by Kis Court or by

any other Court having jurisdiction t*o try the
offence on account of which the seizure of the

property has been made.”

rfSe[en]f [me]?J 12. r ’ri' r :cipal Regulation, in Section 59,

ecion ‘ -for the words” it may extend to two years or with

fine or with both” occurring at the last part, the

following shall be substituted, nam ely:

"Which is not less than three years, and may

extend to seven years or with fine which is not less

than five thousand rupees or with both.”

**Amendment.** **13** **Tn t h e** p-Hncma] Regulation in Section 62

**of Section 62 „for sub-section ' ,** **,.** (31 tbe following shall be substitu-

                    - 'eti namely:

jst, : ” ...

"(31 No Forest Officer shall be empowered

under this section unless he is of the rank of an
Assistant Conservator of Forests or above and the


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_I_

**THE** **ASSAM** **GAZETTE EXTRAORDINARY, MAY 2, 1995 563**

sum of money accepted as compensation under sub­

section (1), clause (a) shall in no case exceed five

thousand rupees.”

**of Section 64.** 14. In the principal Regulation, in Section 64,

for the sub-section (1), the following shall be sub­
stituted, namely:

"(1) When any person is convicted of felling,

cutting, girdling, marking, lopping or tapping trees

or of injuring them by fire or otherwise in contra­
vention of this Regulation or of any rules there­

under, the convicting Court, may, in addition **to**

the other punishment which it may award, order

that person to pay to the State Government such

compensation, not less than one thousand rupees

for each tree with respect to which the offence was
committed, as it may deem just.”

Amendment. 15. In the principal Regulation, for Section 70,

of section 7 0 . f o ]jo w in g shall be substituted, namely:

‘•indemnity 70. f\jo suit or criminal prosecution or other

i^goodf^tulegal proceeding shall lie against any public servant

or anything done in good faith or omitted to be

done likewise under these Regulations or the rules

or orders made thereunder.”

S g . “ [d ] 1 6 - [T h e] Assam Forest Regulation 0$™.^

(Amendment) Ordinance, 1994, is hereby No. xi of

repealed: 1994-

Provided th rtf notwithstanding such repeal all

orders made, action taken or notification issued or
proceeding taken up shall be deemed to have been
validly made or taken under the corresponding pro-

evisions of this Act as if this Act came from the date

the Ordinance came to force.

M. K. DEKA,

Joint Secy, and I/c Secy, to the

Government of Assam,

Legislative Department.

**Guwahati:—Printed and published bv <he Dy. D recttr** **Directorate**

**of Ptr. & S*v.. Assam, Guwahati-21 (Ex-Gazrtt?) No 189—**

**740 400 2-5-1995.**


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