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Power to remove difficulties. * * * * 1964: KAR. ACT 5] Forest 343 STATEMENTS OF OBJECTS AND REASONS I Act 5 of 1964.—There are at present different forest laws in force in the five integrating parts of the Mysore State. As it is administratively difficult and inconvenient to enforce different laws in different parts, the present bill has been prepared to bring uniformity of forest laws throughout the State. The more important provisions in the Bill are the following:— Provision has been made in the Bill for control over forests and lands not being the property of the Government, in Chapter V on the lines of the provisions now in force in the Bombay and Madras areas. The object is to prevent private owners from recklessly exploiting the tree growth and forest produce with the sole idea of making immediate and huge profits, without regard to ensuring sustained yield for the benefit of the community in future. There is power to assume management of forests in certain circumstances. In Chapter X, provision has been made that all sandal trees which may grow in any land after the date of commencement of this Act will be the exclusive property of Government and exploitation of all sandalwood trees, the rights over which is alienated, should be done by the Forest Department only on behalf of the owner. These provisions are made to prevent smuggling of sandalwood. Special provisions relating to catechu, an important commercial produce, is made in Chapter XI. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 26th July 1962, at p. 384.) II Amending Act 23 of 1974.—It is proposed to include ramapatra and shigakai within the definition of forest produce. To prevent theft and illicit felling of Government trees it is considered necessary to make certain forest offences cognizable and to enhance the punishment. A separate provision is made in respect of offences relatable to rosewood (blackwood or bite) and power has been taken to regulate by rules the cutting, sale etc. of such trees. The courts have held that section 50(2) (k) empowers making of rules prohibiting absolutely or subject to conditions the establishment of saw mills etc., within certain specified local limits and not throughout the State. It is considered necessary to take power to make such rules in respect of the whole of the State of Mysore. The courts have held that the Act does not provide for regulating the existing saw pits and saw mills and to levy licence fees in respect of saw pit and saw mill Forest [1964: KAR. ACT 5 344 licences. It is considered necessary to regulate the working of the existing saw mills and saw pits and to levy necessary licence fees. It is considered necessary to get a resolution to that effect passed by both Houses of the State Legislature before issuing a notification under section 28 declaring that a reserved forest shall cease to be a reserved forest. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 27th September 1973, as No. 760, at p. 5.) III Amending Act 15 of 1976.—By promulgating the Karnataka Forest (Amendment) Ordinance, 1975, on 24th December 1975 and bringing it into force from that date, Government of Karnataka have imposed the levy of Forest Development Tax at the rate of 5% on the amount consideration paid in respect of forest produce disposed off by the State Government by sale or otherwise. The tax levied and collected under this Ordinance is to be credited to the Consolidated Fund of the State, in the first instance, and thereafter transferred to the Karnataka Forest Development Fund. The amount at the credit of this fund is to be expended for the raising of forest plantations and other ancillary purposes. The provisions made in the Budget of the Forest Department for raising plantations are not sufficient. There is at present acute shortage of timber, firewood and raw material for the forest based industries. It is expected that in the near future, there will be famine of forest raw material including timber, firewood for fuel and other industrial raw material. Hence, it is necessary to take timely steps to raise plantations more intensively in order to increase the availability of raw material on sustained yield basis. Hence, it is necessary to create the Forest Development Fund exclusively for raising forest plantations. (Published in the Karnataka Gazette (Extraordinary), dated 22nd January 1976, p. 45–46.) IV Amending Act 50 of 1976.—Several measures have been undertaken by the Forest Department to intensify control of smuggling of forest produce. The Forest Act has also been amended enhancing the punishment limits covering forest offences. Inspite of the these steps because of the exceedingly high value fetched by certain items of forest produce like rosewood, sandalwood, ivory, etc., smuggling persists. There is provision in the Forest Act to seize the vehicles, tools, etc., used 1964: KAR. ACT 5] Forest 345 in committing of such offences but thereafter the case has to be taken up under normal provisions of the Forest Act. It has been the experience that invariably in the forest offence cases either due to the benefit of doubt or due to the lack of proper legal expertise the vehicles are ordered to be released. It is now proposed to empower Forest Officers of and above the rank of Assistant Conservators of Forests to order confiscation of the Vehicles involved in smuggling after going through quasi-judicial formalities. The final appellate authority is proposed to be the District Judge having jurisdiction over the area. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 25th May 1976, as No. 2847, at p. 5.) V Amending Act 15 of 1978.—There are a large number of cases of encroachments in forest areas. It has been decided that the encroachments in the interior of forests should be cleared and the encroachers evicted. But lands under encroachments on the periphery of the forest or near the ‘D’ line of the forests and in shrubby forest areas without valuable tree growth be transferred to the Revenue Department for regularisation in deserving cases of encroachments, or for resettling the encroachers who have been evicted from the thick forest areas. In such cases it is considered not necessary to obtain the approval of the Houses of the Legislature. As the Karnataka Legislative Council was not in session and as the matter was urgent an Ordinance was promulgated. This Bill seeks to replace the said Ordinance. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 30th June 1978, as No. 1001, at p. 3.) VI Amending Act 14 of 1980.—To augment the revenue of the State and to further rationalise the taxation structure, it is proposed to make certain amendments to the Karnataka Entertainments Tax Act, 1958, the Karnataka Forest Act, 1963 and the Karnataka Sales Tax Act, 1957. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 14th March 1980, as No. 192, at p. 5.) VII Amending Act 1 of 1981.—The existing provisions of section 71-A of the Karnataka Forest Act confers powers on the authorised forest officers referred to therein to make an order of confiscation. This does not take away the jurisdiction of Forest [1964: KAR. ACT 5 346 the Magistrate to make an order of release of the seized vehicle under the provisions of Criminal Procedure Code pending orders of confiscation by the authorised officer. The intention of section 71-A is to bring in a deterrent effect of confiscating the vehicles used in the commission of sandalwood offences for valid reasons. Due to the concurrent jurisdiction of the Magistrate, the purposefulness of section 71-A gets defeated, when the Magistrate elects to release the vehicle seized and pending orders or confiscation by the authorised officer on merits. It is also considered necessary to make sandalwood offences non-bailable as at times it may happen that a person arrested may seek relief on bail and it, may be difficult to pursue the case further. It is further found necessary that abettors in sandalwood offences should also be brought under the purview of the Act. It is considered necessary to give legal backing to seigniorage value fixed by the chief conservator of forest and to authorise him to make such fixation his future. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 20th March 1979, as No. 225, at p. 6.) VIII Amending Act 7 of 1983.—The Chief Minister in his speech while presenting the Budget Estimates for 1983-84 has indicated that the forest development tax leviable on certain items of forest produce disposed of by the State Government shall be raised to the rate of twelve per cent on the consideration for the sale. The present Bill is intended to bring the said proposal into effect. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 29th March 1983, as No. 206, at p. 4.) IX Amending Act 11 of 1984.—The Government of India while giving their assent to the Karnataka Forest (Amendment) Bill, 1980 had suggested amendments to sections 68, 86, 87 of the Karnataka Forest Act to empower the Court to impose lesser sentence of imprisonment and fine. The agreements entered into with several industries for the supply of forest produce ranged from 5 to 30 years and a few agreements provided for supply of forest produce on assured basis without fully assessing the availability position of the raw material for such long periods and without providing for modification of the terms of the agreement. It is proposed to modify them in certain respects. The seigniorage rates were revised with effect from 29th June 1982 on the basis of the recommendations of an official committee constituted for the purpose. The 1964: KAR. ACT 5] Forest 347 rates fixed from 29th June 1982 are less than the rates which came into force on 23rd February 1981. In view of the anomaly that the earlier rates for the period from 23rd February 1981 to 29th June 1982 were higher than the rates which came into force from 29th June 1982 the 29th June 1982 rates were decided to be given retrospective effect from 23rd February 1981. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 5th February 1984, as No. 98, at p. 4.) X Amending Act 10 of 1989.—It is considered necessary to amend the Karnataka Forest Act, 1963,— (i) to include sandalwood handicraft articles from the definition of the ter “sandalwood” to give relief to the artisans: (ii) to prohibit unauthorised occupation of land in reserved forest and district forest, for any purpose; (iii) to provide penalty for unauthorisedly taking possession of any land in protected forest for the land entrusted to the Forest Department for the purpose of afforestation; (iv) to make it obligatory to obtain licence for possession or storing of sandalwood oil also; (v) to provide for levy and remittence of forest development tax on the forest produce disposed of by a corporation owned or controlled, or a body notified by the State Government; (vi) to include, apart from forest development tax, certain other items, in the forest development fund; (vii) to exempt from payment of seigniorage value in respect of bark for the period from 19th January 1981 to 31st August 1983 and to charge fifty per cent of seigniorage value in respect of eucalyptus or bamboo supplied for the manufacture of news-print for a period of ten years from 1st October 1983. Certain consequential and incidental changes are also made. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary), Part IV-2A dated 11th September 1987, as No. 611, at p. 7.) Forest [1964: KAR. ACT 5 348 XI Amending Act 12 of 1998.—It is considered necessary to amend the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964) to provide for the following, namely:— (1) To include “sandalwood oil” in the definition of sandalwood; (2) To define Village Forest Committee and to provide for its constitutions; (3) To provide for levy of fee for grant or renewal of licence for saw mills etc; (4) To require production of Bank guarantee equal to the value estimated by the Forest Officer, before release of property seized under section 62; (5) To enhance the amount of composition from rupees five thousand to rupees fifty thousand; (6) To provide for punishment for the acts of the servants of the licensee; And it is considered necessary to amend the Karnataka Preservation of Trees Act, 1976, to provide for,— (i) to require the Tree Officer to dispose off the application received within a period of three months; (ii) To provide for cancellation or suspension of permission under certain circumstances; (iii) to prohibit granting permission under section 8 to fell trees if it involves felling of all trees for cultivation or extension of cultivation of rubber or tea; Hence the Bill. (Obtained from L.C. Bill No. 5 of 1997 (File No. DPAL 53 LGN 97).) XII Amending Act 20 of 2000.—The Karnataka Forest and Certain Other laws (Amendment) Bill, 1999 so far it relates to the Karnataka Forest Act, 1963 provides,- (1) for investing the Forest Officers with the similar powers as conferred on an officer-in-charge of a Police Station in the matter of investigating under the Code of Criminal Procedure, 1973 and to treat the report of such Forest Officer as a report for the purpose of section 190 of the said Code; (2) that a certificate issued by the Forest Officer shall be evidence in respect of forest produce; (3) for prevention of commission of offences; (4) for issue of a certificate by the Conservator of Forest for recovery of tax, royalty etc., due under the Act and for treating it as a decree of a Civil Court; 1964: KAR. ACT 5] Forest 349 (5) for requiring sanction of institute a suit or prosecution in respect of acts done under colour of duty by a Forest Officer; Further, it is proposed to amend the Karnataka Preservation of Trees Act, 1976 to invest the tree officer with the powers of an officer-in-charge of a Police Station in the matter of investigation under the Code of Criminal Procedure, 1973 and to treat his report as a report for the purpose of section 190. Hence the Bill. (Obtained from L.A. Bill No. 13 of 1999) XIII Amending Act 20 of 2001.- In the Budget Speech of 2001-2002 it was anounced that amendments to the Karnataka Forest Act, 1963 will be brought to remove the restrictions on the growing of sandalwood trees in private land in order to encourage public to grow sandal wood in their land. It is proposed to amend the definition of "Divisional Forest Officer" as this post is redesignated as "Deputy Conservator of Forest" and to include "Additional Principal Chief Conservator" in the definition of "Forest Officer". It is also proposed to modify the provisions of penalty in respect of Forest offences relating to sandalwood by enhancing the imprisonment from seven years to ten years and fine from Rupees twenty five thousand to Rupees one lakh. Hence the Bill. (Obtained from LA Bill No. of File No. DPAL 30 SHASANA 2001) XIV Amending Act 24 of 2009.-At present there is no provision to levy interest on Forest Development Tax as per section 98A of the Karnataka Forest Act, 1963 on belated payment of Forest Development Tax. The Sales Tax and Income Tax Departments are charging interest on Sales Tax and Income Tax @ 24% per annum for belated payment of dues. To regulate the payment of Forest Development Tax, levy of interest at the rates prescribed from time to time is proposed by issue of amendments to section 98A and section 98B of the Karnataka Forest Act, 1963. This is in the interest of timely payment of Government dues and to ensure consistency in the flow of revenue to State Exchequer. The levy of interest will act as a deterent to delayed payment of Forest Development Tax. Hence, the Bill. [L.A.Bill No.26 of 2009, File No.8 Shasana 2007] [Entry 17A of List III of the Seventh Schedule to the Constitution of India] Forest [1964: KAR. ACT 5 350 XV Amending Act 41 of 2015.- It is considered necessary to amend the Karnataka Forest Act, 1963, (Karnataka Act 5 of 1964) to,- (1) Increase the forest development tax; (2) Utilize the Forest Development fund for all activities related to development and management of forests wildlife. Hence, the Bill. [L.A. Bill No. 39 of 2015, File No. Samvyashae 20 Shasana 2015] [Entry 17A of List III of the Seventh Schedule to the Constitution of India.] XVI Amending Act 23 of 2016.-