The Odisha Forest Act, 1972.
odisha · 1972
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1Added vide O
- S. 2Substituted ibid
- S. 3Inserted vide Odisha Ext
- S. 4Section 4 mandates the State Government to notify the proposal to declare land as a reserved forest and appoint an officer to investigate existing rights.
- S. 5Substituted ibid
- S. 6Section 6 mandates the Forest Settlement Officer to publish a proclamation in Oriya about proposed forest reservation and claims.
- S. 7The Forest Settlement Officer investigates claims and objections regarding forest rights and records relevant representations.
- S. 8Section 8 grants the Forest Settlement Officer powers to enter land and survey it, and trial powers akin to a Civil Court.
- S. 9Section 9 extinguishes rights not claimed or known, unless the claimant justifies delay before a notification.
- S. 10Section 10 regulates shifting cultivation claims in notified lands, allowing State Government to alter settlement limits after officer's report.
- S. 11Section 11 of the Odisha Forest Act, 1972, outlines the process for acquiring land claimed for rights other than specified exceptions, including agreements or land acquisition under the Land Acquisition Act, 1894.
- S. 12Claims to right of way, right to water-course or to use of water, etc
- S. 13Section 13 mandates the Forest Settlement Officer to record detailed claims of rights in forests, including claimant's personal details and property specifics.
- S. 14Record where he admits claims :– If the Forest Settlement Officer admits in whole or in part any claim under Sub-Sec
- S. 15Section 15 allows the Forest Settlement Officer to adjust rights for forest produce or pasture based on claimant needs.
- S. 16Section 16 allows the Forest Settlement Officer to acquire and commute private rights in reserve forests for compensation or land.
- S. 17Section 17 allows appeals against certain forest settlement orders to be presented to the Collector or Additional District Magistrate.
- S. 18Appeal under Section 17 :– (1) Every appeal under Sec
- S. 19The Odisha Forest Act, 1972 allows the Board of Revenue to revise or delegate its revision powers to lower-ranked officers.
- S. 20The section allows the State Government or claimants to appoint a person to represent them in forest-related legal proceedings.
- S. 21Section 21 allows the State Government to declare a forest as reserved after claims and appeals are resolved and lands acquired.
- S. 22The section mandates the Divisional Forest Officer to publish translations of notifications in Oriya near forests.
- S. 23The Odisha Forest Act, 1972 allows the State Government to revise forest arrangements after public notification, provided parties are heard.
- S. 24Section 24 of the Odisha Forest Act, 1972, prohibits acquiring rights over reserved forests except through succession or written grants/contracts by the State Government.
- S. 25Section 25 prohibits alienation of forest rights without state sanction, except when tied to land or house.
- S. 26The Divisional Forest Officer can block roads and watercourses in reserved forests for public benefit.
- S. 27Section 27 penalizes unauthorized land clearing, forest fires, tree damage, and forest produce removal in Odisha's protected forests.
- S. 28Section 28 allows the State Government to suspend forest rights in a reserved forest due to willful fire or large-scale theft endangering future yield.
- S. 29Section 29 allows the State Government to declare a reserved forest no longer reserved, provided it compensates by constituting equivalent area as a new reserved forest.
- S. 30Section 30 allows the State Government to designate land as a village forest for community benefit and revoke such designation.
- S. 31Section 31 empowers the State Government to create rules for managing village forests and regulating their produce and protection.
- S. 32Section 32 investigates and records claims to forest rights excluding those benefiting village communities.
- S. 33Section 33 declares lands not in reserved forests as protected forests if government owns them, after surveying rights.
- S. 34Power to issue notification reserving trees, etc
- S. 35Section 35 mandates the Divisional Forest Officer to translate and display forest notifications in Oriya in nearby towns and villages.
- S. 36Section 36 empowers the State Government to create rules for managing and regulating activities in protected forests in Odisha.
- S. 37Section 37 penalizes damaging or exploiting protected forest resources in Odisha with imprisonment, fines, and compensation.
- S. 38Section 38 allows certain acts in forests with written permission or in accordance with specific rules.
- S. 39Section 39 allows the State Government to regulate or prohibit activities in forests to protect against natural disasters and preserve public health.
- S. 40The section allows the State Government to take control of neglected or disobedient forest lands and apply reserved forest regulations.
- S. 41Section 41 allows the state government to lease or acquire forests for public purposes under specific conditions.
- S. 42Section 42 prohibits the cutting of specified fruit-bearing trees to prevent agricultural or industrial production decline.
- S. 43Section 43 allows landowners to request the State Government to manage their land as a protected forest or apply Act provisions.
- S. 44Section 44 allows the State Government to manage jointly owned forests or regulate their management by interested parties.
- S. 45Section 45 empowers the State Government to regulate the transit and possession of forest produce, including timber, through rules and passes.
- S. 46Section 46 imposes penalties for breaking rules under Section 45, including imprisonment and fines.
- S. 47Section 47 exempts the government and forest officers from liability for damage to forest produce unless caused negligently, maliciously, or fraudulently.
- S. 48Section 48 mandates employees at depots to assist Forest or Police Officers in emergencies involving property at the depot.
- S. 49Section 49 deems certain timber government property until ownership is proven, allowing collection by authorized officers.
- S. 50Section 50 mandates public notice for collected drift timber, requiring claimants to present claims within two months.
- S. 51Section 51 outlines the procedure for claims on timber, allowing the Divisional Forest Officer to either reject or deliver it, and details the legal recourse for rejected claims.
- S. 52Section 52 allows unclaimed timber to vest in the State Government or the person it's delivered to, free from claims.
- S. 53The Odisha Forest Act, 1972 exempts the government and its officers from liability for timber losses unless caused by negligence, malice, or fraud.
- S. 54Section 54 requires claimants to pay dues to the forest officer before receiving delivered timber.
- S. 55Section 55 of the Odisha Forest Act, 1972 empowers the State Government to make rules and prescribe penalties for timber-related activities.
- S. 56Section 56 allows forest and police officers to seize forest produce and tools used in committing forest offences.
- S. 57Section 57 outlines conditions for property seizure related to forest offenses under the Odisha Forest Act, 1972.
- S. 58Section 58 mandates the Magistrate to arrest, try, and dispose of seized property after receiving a report of an offense.
- S. 59Forest produce, tools, etc
- S. 60Section 60 mandates the Divisional Forest Officer to take charge of confiscated forest produce upon conclusion of a forest offence trial.
- S. 61Section 61 allows a Magistrate to confiscate seized property if the forest offence offender is unknown or untraceable.
- S. 62Section 62 allows magistrates to sell perishable seized property and directs its proceeds' handling, with officers below Range Officer rank barred from disposal.
- S. 63Section 63 allows appeals against certain seizure orders to a higher court, with the decision being final.
- S. 64Section 64 specifies conditions under which property is vested in the Government after confiscation orders.
- S. 65Section 65 allows the Divisional Forest Officer to release seized property under certain conditions, aligning with criminal procedure code provisions.
- S. 66Section 66 penalizes Forest or Police Officers for wrongful seizure or arrest in forest offenses with up to one year imprisonment and a fine.
- S. 67Section penalizes counterfeiting or defacing marks on trees and timber to cause damage or gain.
- S. 68Section 68 allows Forest and Police Officers to arrest without a warrant for suspected forest offenses or false identification.
- S. 69Section 69 allows a Forest Officer to release an arrested person on bond, except for non-bailable offenses.
- S. 70Section 70 empowers Forest and Police Officers to prevent and stop forest offenses.
- S. 71Section 71 empowers First Class Magistrates to summarily try minor forest offenses punishable by up to one year imprisonment or a fine.
- S. 72—
- S. 73Section 73 presumes forest produce in government possession unless proven otherwise, shifting burden to prove illegal removal.
- S. 74Section 74 allows prosecution under other laws for forest offenses, but bars double prosecution.
- S. 75Section 75 allows seizure of cattle trespassing in closed forests under the Cattle Trespass Act, 1871.
- S. 76Section 76 allows the Odisha State Government to set new fines for impounded cattle under the Cattle Trespass Act.
- S. 77Section 77 empowers the State Government to grant forest officers various investigative and procedural powers.
- S. 78Section 78 deems Forest Officers public servants and protects them from legal action for good faith actions under the Odisha Forest Act.
- S. 80Section 80 prohibits Forest Officers from trading in forest produce or leasing forests without written state government permission.
- S. 81Section 81 preserves the status of reserved forests in merged territories under the Odisha Forest Act, 1972.
- S. 82Section 82 empowers the State Government to make rules for various aspects of forest management and administration under the Odisha Forest Act, 1972.
- S. 83Section 83 imposes penalties for violations of the Odisha Forest Act, 1972, not specifically covered by other sections, with imprisonment up to two months or a fine up to 1,000 rupees, or both.
- S. 84Section 84 mandates persons in or near forests to assist Forest and Police Officers in preventing and reporting forest offenses and fires.
- S. 85Section 85 penalizes anyone who aids in committing a forest offense with the same punishment as the offense itself.
- S. 86Section 86 allows the State Government to confiscate shares in forest produce if the entitled person fails to perform required services.
- S. 87Section 87 allows the recovery of unpaid money due to the government under the Odisha Forest Act, treating it as an arrear of public demand.
- S. 88Section 88 allows Forest Officers to seize and sell unpaid forest produce to recover dues.
- S. 89Section 89 allows recovery of penalty amounts in full for bond breaches under the Odisha Forest Act.
- S. 90The Odisha Forest Act, 1972 allows the State Government to apply its provisions to certain government or local authority lands.
- S. 91Section 91 repeals previous forest acts in Odisha and preserves existing forest designations and actions under the new Odisha Forest Act.
- S. 169Section 169 of the Odisha Forest Act, 1972, deals with the legality of confiscation of forest produce and the jurisdiction of officials in such cases.
- S. 310Section 310 of the Odisha Forest Act, 1972 specifies that appeals on forest offenses must be decided by the District Judge, not the Sessions Judge, and outlines penalties for illegal transportation of forest produce.
- S. 332Section 332 allows for the confiscation or imposition of fines for violations of forest rules.
- S. 627Section 627 clarifies that confiscated vehicles vest in the State free from encumbrances, and sale proceeds cannot be used to repay loans.
- S. 1258(9) Section 56 - Odisha Saw Mill and Saw Pits (Control) Act - Sec
- S. 1942But for reasons unknown this was dropped