Forest Ordinance, 2002.
Download FeedBackDepartment: | Forest Department | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Main Category: | Ordinance | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Specific Category Name: | Forestry | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Year | 2002 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Promulgation Date: | 10-06-2002 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Details: | THE [1][KHYBER
PAKHTUNKHWA] FOREST ORDINANCE, 2002. [2][KHYBER
PAKHTUNKHWA] ORDINANCE NO. XIX OF 2002. CONTENTS PREAMBLE SECTIONS CHAPTER - I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. 3. Objectives and guiding principles. CHAPTER – II RESERVED FORESTS 4. Power to declare reserved forest. 5. Notification by Government. 6. Proclamation by Forest Settlement
Board. 7. Inquiry by Forest Settlement Board. 8. Powers of Forest Settlement Board. 9. Extinction of rights. 10. Treatment of claims relating to practice
of shifting cultivation. 11. Power
to acquire land over which right is claimed. 12. Order on claims to rights of pasture or
to forest produce. 13. Record to be made by Forest Settlement
Board. 14. Record where the Forest Settlement Board
admits claim.- 15. Exercise of rights admitted. 16. Commutation of rights. 17. Appeal
from order passed under section 11, section 12, section 15 or section 16. 18. Appeal under section 17. 19. Pleaders. 20. Notification declaring forest reserved. 21. Publication of translation of
notification in neighbourhood of forest. 22. Power to revise arrangements made under
section 15 or section 18. 23. No right acquired over reserved forest,
except as provided. 24. Rights not to be alienated without
sanction. 25. Power to stop ways and water-courses in
reserved forests. 26. Acts prohibited in reserved forests and
penalty. 27. Power to declare forest no longer
reserved. CHAPTER – III VILLAGE FORESTS 28. Formation of village forests. CHAPTER – IV PROTECTED
FORESTS 29. Power to declare protected forests. 30. Power to reserve trees, close forests and
prohibit certain acts. 31. Publication of translation of such
notification in neighbourhood. 32. Power to declare forest no longer
protected. 33. Acts prohibited in protected forests and
penalties. 34. Power to make rules for protected
forests. CHAPTER – V CONTROL OVER
GUZARA FORESTS AND WASTELANDS 35. Rights
in guzara forests and wastelands. 36. Protection
of wastelands. 37. Management
of guzara forests and wastelands. 38. Management
of wastelands at the request of owners. 39. Apportionment
of net profit. 40. Power
to acquire guzara forest or wasteland. 41. Protection
of cultivation by retaining walls and treatment of cultivation in dangerous position
on hill slopes. 42. Treatment
of encroachment on common land. 43. Controlled burning of guzara forest and
wasteland. 44. Acts
prohibited in guzara forests and waste-lands. 45. Penalties. 46. Power
to make rules for guzara forests, protected wastelands and wastelands. CHAPTER – VI THE CONTROL OVER
MAZRI AND MAZRI
PRODUCE 47. Protection,
preservation, propagation and control of mazri and mazri produce. 48. Mazri to be a protected plant. 49.
Management of mazri growing tracts. 50. Control of the mazri produce. 51. Management orders. 52. Power to search. 53. Penalty. 54. Power to make rules. CHAPTER – VII THE DUTY AND
FEES ON TIMBER AND OTHER
FOREST PRODUCE 55. Seigniorage fee. 56. Duty
and forest development charges on timber and other forest produce. 57.
Permits fees and other cesses. CHAPTER – VIII THE CONTROL OF
TIMBER AND OTHER FOREST PRODUCE
IN TRANSIT 58. Power
to make rules to regulate transit of timber or other forest produce. 59. Penalty
for breach of rules made under section 58. 60. Government
and Forest Officers not liable for damage to forest produce at depot. 61. All persons bound to aid in case of accident at depot. CHAPTER-IX THE COLLECTION
OF DRIFT AND STRANDED TIMBER 62. Certain kinds of wood and timber to be deemed the property of
Government until the title thereto proved, and may be collected accordingly. 63. Notice
to claimants of drift timber. 64. Procedure on claim preferred to such timber. 65. Disposal
of unclaimed timber. 66. Government
and its officers not liable for damage to such timber. 67. Payments
to be made by claimant before timber is delivered to him. 68. Power to make rules and prescribe penalties. CHAPTER – X THE SALE AND
SAWING OF TIMBER 69. Restriction on establishment of a sale
depot or a sawing unit. 70. Maintenance of record. 71. Appeal. 72. Offences and penalties. 73. Power to make rules. CHAPTER – XI THE FOREST
PROTECTION, PENALTIES AND
PROCEDURE. 74. Constitution
of the Forest Force. 75. Power
of arrest without warrant. 76. Power
of release on a bond a Person arrested. 77. Power of seizure of property liable to confiscation. 78. Power
to release property seized under section 77 and procedure thereupon. 79. Disposal
on conclusion of trial for forest offence of produce in respect of which any
offence was committed. 80. Procedure
as to perishable properties seized under section 77. 81. Appeal
from orders under section 79 or section 80. 82. Property
when to vest in Government. 83. Punishment
for wrongful seizure. 84. Counterfeiting
or effacing or defacing marks on trees and timber and altering boundary marks. 85. Penalties
and procedure. 86. Removal
of encroachments, etc., from reserved forests, protected forests and
wastelands. 87. Forest
Officers and Police Officers who are authorised to demolish and remove any
encroachment or unauthorised building or structure. 88. Five
or more persons conjointly committing or attempting to commit a forest offence
by putting a lawful authority in fear of any injury or causing hurt. 89. Power
to prevent commission of offence. 90. Persons
bound to inform and assist Forest Officers, etc. 91. Seizure
of cattle found trespassing. 92. Bar
of jurisdiction. 93. Jurisdiction
of Forest Magistrates. 94. Powers
to try offences summarily. 95. Burden
of proof as to lawful authority, etc. 96. Prosecution
of forest offence cases. 97. Appeals
from orders of Forest Magistrates. CHAPTER-XII THE FOREST
MANAGEMENT 98. Forest management plans. 99. Duties and responsibilities of
Government. 100. Restrictions on commercial harvesting of
timber. 101. Community forest. 102. Joint forest management. 103.
Appointment of village forest officers
and issue of management orders. 104. Forest Development Fund. 105. Power to lease out forests. 106. Strengthening of legal services. CHAPTER – XIII THE FOREST
OFFICERS, POWERS AND OBLIGATIONS 107. Conferment of certain powers on Forest
Officers. 108. Powers to arrest without warrant. 109. Forest Officers deemed public servants. 110. Compounding of offences and payment of
compensation. 111. Indemnity for acts done in the good faith. 112. Forest Officers not to trade. 113. Penalties for breach of rules. 114. Rules when to have force of law. CHAPTER – XIV MISCELLANEOUS 115. Powers to make rules. 116. Dues recoverable as arrears of land revenue. 117. Lien on forest produce for such money. 118. Acquisition of Land. 119. Recovery of penalties due under bond. 120. Repeals and savings. 121. Removal of difficulties, disposal of
pending cases and constitution of Special Courts. THE [3][KHYBER
PAKHTUNKHWA] FOREST, ORDINANCE, 2002. [4][KHYBER
PAKHTUNKHWA] ORDINANCE NO. XIX OF 2002. [10thJune, 2002] AN ORDINANCE to consolidate
and amend the laws relating to protection, conservation, management,
and sustainable development of forests
and natural
resources in the [5][Khyber Pakhtunkhwa]. WHEREAS it is expedient to consolidate
and amend the laws relating to protection, conservation, management and
sustainable development of forests and other renewable natural resources, and
matters ancillary or incidental thereto in the [6][Khyber Pakhtunkhwa]; AND
WHEREAS the Governor is satisfied that circumstances exist which render it
necessary to take immediate action; NOW, THEREFORE,
in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, as amended uptodate and the Provisional Constitution Order No. 1 of 1999,
read with Article 4 of the Provisional Constitution (Amendment) Order No. 9 of
1999, and in exercise of all powers enabling him in that behalf, the Governor
of the [7][Khyber Pakhtunkhwa] is pleased to make and
promulgate the following Ordinance: CHAPTER - I PRELIMINARY 1. Short title, extent and
commencement.---(1) This Ordinance may be called the [8][Khyber Pakhtunkhwa] Forest Ordinance, 2002. (2)
It extends to the whole of the [9][Province of the Khyber
Pakhtunkhwa]. (3)
It shall come into force at once. 2. Definitions.---In this
Ordinance, unless the context otherwise requires,- (1) “accused” means any person, male or
female, charged under this Ordinance or rules made thereunder, for any offence;
(2)
“appellate court” means the Court
of District and Sessions Judge concerned; (3)
“arrears of land revenue” shall
have the same meaning as assigned to it by the West Pakistan Land Revenue Act,
1967 (W.P. Act XVII of 1967), and includes all moneys payable to Government under this Ordinance or
any rules made thereunder; (4)
“Board of Revenue” means the
Board of Revenue, [10][Khyber Pakhtunkhwa], established under the West
Pakistan Board of Revenue Act, 1957 (W.P. Act XI of 1957); (5)
“brushwood” includes all woody
plants, bushes, shrubs and small trees growing on wastelands, reserved forests
and protected forests, with the exception of trees, that is pears, apples,
plums, cherries, apricots, peaches, almonds, citruses, persimmons, pistachios,
guavas, litchies and vines grown
thereon; (6)
“cattle” includes horned cattle,
camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules,
donkeys, asses, yaks, pigs, rams, ewes, sheep, lambs, goats and their young
ones; (7)
“Chief Conservator of Forests”
means the Chief Conservator of Forests, [11][Khyber Pakhtunkhwa]; (8)
“Collector” means a Collector
appointed under the West Pakistan Land Revenue Act, 1967 (W.P. Act XVII of 1967); (9)
“Conservator of Forests” means
the concerned Conservator of Forests, Government of the [12][Khyber Pakhtunkhwa]; (10)
“conveyance” means any means of
transport whether mechanically propelled or otherwise; (11)
“Department” means the Forestry
Department of Government; (12)
“Divisional Forest Officer” means
the Divisional Forest Officer of the concerned Forest Division; (13)
“ecosystem” means a dynamic
complex of plant, animal and micro-organism communities and their non-living
environment interacting as a functional unit; (14) “environment” means: (a) air, water and land; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living
organisms; (d) the ecosystem and ecological relationships; (e) buildings, structures, roads, facilities
and works; (f) all social and economic conditions
affecting community (g)
the inter-relationships between
any of the factors in clauses (a) to (f); (15) “Forest Magistrate” means a Magistrate of
the first class specially appointed for taking cognizance of the offences under
this Ordinance or rules made thereunder; (16) “forest” means a tract of land mostly or
predominantly covered with trees and other woody vegetation, and declared as
forest by Government through a notification issued under this Ordinance or
rules made thereunder; (17) “forest offence” means an offence punishable
under this Ordinance or rules made thereunder; (18) “Forest Officer” means any person
appointed or empowered by Government in this behalf to carry out all or any of
the purposes of this Ordinance, or to do anything required by this Ordinance or
any rule made thereunder; (19) “forest produce” includes: (a) the following wherever found: timber, bark, charcoal,
gum, natural varnish, resin, rosin, lac, wax, wood-oil and derivatives thereof; (b) the following when found in, or brought
from, a forest: (i) trees, leaves, flowers, fruits, seeds,
roots and all other parts or produce of trees including fuelwood; (ii) plants, not being trees, including
grasses, creepers, reeds, mosses, mushrooms, medicinal plants and brushwood,
and all parts or produce of such plants and other non-wood produce; (iii) wildlife and all other parts or produce
of wildlife including skins, horns, bones, silk, cocoons, honey and wax; (iv) peat, surface soil, water, sand, stones,
rocks and minerals, including minerals oil, limestone, latersite, marble and
all products of mines and quarries; and (v)
standing or harvested crops or
the grains thereof such as wheat, barley, maize, rice, pulses and produce
thereof; and (c)
any other produce which may be
notified as forest produce by the Department from time to time; (20)
“Forestry Commission” means the
Forestry Commission established under section 3 of the [13][Khyber Pakhtunkhwa] Forestry Commission Act, 1999 ([14][Khyber Pakhtunkhwa]. Act No. XV of 1999); (21)
“Forest Force” mean the entire
forest establishment of the Department employed for the purposes of this Ordinance, but does not include
ministerial staff; (22)
“Government” means the Government
of the [15][Khyber Pakhtunkhwa]; (23)
“guzara forest” means protected
wasteland of the villages set aside at the time of regular settlement for
meeting the requirements of landowners and right holders, in the areas
comprising the Districts of Haripur, Abbottabad, Mansehra, Kohistan and
Batagram or elsewhere in the Province or which may be declared as such under
this Ordinance or the rules made
thereunder; (24)
“interested party” means any
person having a bonafide interest in the sustainable development of the forest
and natural resources and includes Forest Officers, landowners, right holders,
local beneficiaries and users, and concerned community-based organizations,
village-based organizations or Joint Forest Management Committees established
under this Ordinance, or rules made thereunder; (25)
“land-owner” means person or
persons owning land in a village as per revenue record or as per custom where
revenue record is not available; (26)
“mazri” means the dwarf palm
plant (Nannorhops ritchieana); (27)
“mazri produce” includes the
mazri plant and its leaves, stems, fruits, roots and all articles made from
mazri; (28)
“natural resources” include land,
water, forests, wildlife, mineral deposits and fishes found in natural waters; (29)
“prescribed” means prescribed by
rules made under this Ordinance; (30)
“protected forests” means all
forests existing as such on the commencement of this Ordinance and any other
forest that may be declared as protected forest under section 29; (31)
“Protected wasteland” means
wasteland declared as such under section 36; (32)
“Province” means the [16][Khyber Pakhtunkhwa]; (33)
“reserved forests” means all
forests existing as such on the commencement of this Ordinance, and any other
forests that may be declared as reserved forests under section 20; (34)
“right holder” means a person who
does not have proprietary rights over forest but has rights or privileges over
reserved forests, protected forests, wasteland as per record of rights admitted
at the time of settlement or subsequently admitted as right holder by
Government; (35)
“river” includes any stream,
canal, creek, water channel and lake, natural or artificial; (36)
“rules” mean rules made under
this Ordinance; (37)
“sale depot” means any building,
place, premises or enclosure registered with Divisional Forest Officer
concerned where timber or forest produce is brought and stored for sale; (38)
“sawing unit” means a saw mill or a saw
machine registered with Divisional Forest Officer concerned where timber is
cut, sawn or fashioned; (39)
“Schedule” means a Schedule
appended to this Ordinance; (40)
“section” means a section of this
Ordinance; (41)
“seigniorage fee” means a
reciprocal fee payable by Government to right holders for trees harvested for
sale from reserved forests, of one or other of the kind, entered in the
seigniorage (fee) list and similar fee payable by right holders to Government
for trees harvested from guzara forests and protected wasteland for sale
declared so under section 36 of this Ordinance and in areas wherever there are
reserved forests; (42)
“settlement” means the first
regular settlement or subsequent regular settlements of land; provided wherever
the rights of Government or right holder have been alienated or wherever
boundaries of forest have been altered during the subsequent settlements
without written consent of Government and right holders, the right, privileges
and boundaries of forests recorded during the first regular settlement shall
have precedence over the subsequent settlements;
(43)
“smuggle” means to bring into, or
take out, of the Province any forest produce in breach of any prohibition or
restriction for the time being in force,
or take out from any reserved forest, protected forest or wasteland, any forest produce without lawful authority,
or by evading payment of price, forest
duties, or taxes leviable on forest produce, or to transport, store or sell
such forest produce in violation of this Ordinance or the rules made
thereunder; (44)
“sustainable development” means development
that meets the needs of the present generation without compromising the ability
of future generations to meet their needs; (45)
“timber” includes trees when they
have fallen, or have been felled, or uprooted, and all wood, whether cut up,
sawn, split, or fashioned or hollowed out, or partially processed, for any
purpose or not; (46)
“tree” includes stumps, bamboos,
palms, reeds, canes, woody plants and brushwood specified in Schedule-I or any
other kind which the Chief Conservator of Forests may add to, or delete from,
the said Schedule; (47)
“urban area” means an area
declare as such under any law for the time being in force; (48)
“vessel” denotes anything made
for the conveyance by water of timber or forest produce or any property and
human beings; (49)
“village forest officer” means
any person entrusted by the Divisional Forest Officer with any function or
charge with regard to forest protection, management, conservation or
sustainable development of natural resources;
(50)
“water bodies” means public water bodies and include: (i)
all natural bodies of water, such as rivers and their
tributaries, creeks, brooks, lakes, channels, canals or lagoons or dug, dredged
or blasted canals; (ii)
any water impounded by the construction of any lake or
dam or other impounding device across the channel of a navigable stream; and (iii)
flowing water, which are not by law or customs
property of any person; (51) “wasteland” means all uncultivated or
uncultivable land in the area comprising the Districts of Haripur, Abbottabad,
Mansehra, Kohistan and Batagram and in
such other area or areas in the Province as may be declared by Government as
wasteland under this Ordinance or the rules made thereunder, but shall not
include reserved forests, protected forests, graveyards, sacred places, land
recorded at settlement as part of the village site, land shown as ‘khali’ or
‘banjar jadid’ in annual records, land in urban areas and land under roads,
railway tracks or water bodies. 3. Objectives and guiding principles.----(1) The objectives of this Ordinance are: (a)
protection, conservation,
management and sustainable development of forests; (b) promotion of the economic, social and
ecological well-being of local people, of people of the Province, of Pakistan,
and of international community in conformity with conservation needs,
ecological significance and economic value of the natural resources; (c) involvement of local communities and
interested parties in the formulation and implementation of forest policies and
forest management plans; (d) definition of role and obligations of
Government, and concessions, rights, duties and obligations of local
communities; and (e) consolidation and updating of existing
forest laws, with a view to enacting a comprehensive law which adopts modern
concepts and provides means to make forest protection and administration
effective, promotes present-day
objectives, and is in consonance with existing
forest policy and environmental laws. (2) The following shall be the guiding
principles for the realisation of the objectives as set out in sub-section (1): (a) the forests shall be effectively
protected, conserved, managed and sustainably developed in due recognition of
their ecological significance and economic value for the well-being of the
present and future generations, and for this purpose forest protection,
administration and management mechanisms shall be strengthened; (b) appropriate production and security of
goods and services shall be achieved at the level of local communities,
concerned watersheds, as well as at the provincial level, while continually
improving the productivity of forests and safeguarding the national and
international interests regarding forests and forestry; (c) forests and other natural resources
shall be managed as an integral part of the ecological system of which these
are a part; (d) direct, strong and effective
participation of local communities in the sustainable development and
management of forests shall be secured and their concessions, rights, duties
and obligations shall be clearly defined; (e)
the role of Government regarding
sustainable development of forests shall, as far as possible, be confined to
preparing management plans, setting out objectives and criteria, monitoring
progress, promoting research and education, and providing advisory services,
while interested parties shall be encouraged to undertake leading role in
developmental activities where the forests are owned by the people or where the
people are the major right holders; and (f)
the development of public
awareness for proper appreciation of the environmental significance and
economic value of forests shall be vigorously pursued. CHAPTER – II RESERVED FORESTS 4. Power
to declare reserved forest.---Government may declare any forest land or
wasteland which is the property of Government, or over which Government has
proprietary rights, or to the whole, or any part of the forest produce, of
which the Government is entitled, as a reserved forest in the manner
hereinafter provided. 5. Notification
by Government.---(1) Whenever it has been decided to constitute any
land as a reserved forest, Government shall, by notification in the Official
Gazette,- (a) declare that it has been decided to
constitute such land as a reserved forest; (b) specify, as nearly as possible, the
situation and limit of such land by roads, rivers, streams, ridges or other
well known or readily intelligible boundaries; and (c) appoint a Forest Settlement Board
hereinafter referred to as “Board”, to enquire into and determine the
existence, nature and extent of any rights, alleged to exist in favour of any
person in or over any land comprised within such limits or forest produce
therefrom, and to deal with the same as provided in this Chapter. (2) The Board shall consist of the
following:- (i) a Revenue Officer not below the rank of a Collector; Chairman (ii) the Divisional Forest Officer concerned; and Member (iii) one representative of the community- based organisation or village-based organization. Member (3)
The
representative of the community shall be selected by the concerned community. (4) All decisions of the Board shall be
taken by majority of votes. 6. Proclamation by Forest Settlement
Board.---(1)When
a notification has been issued under section 5, the Board shall publish in the
local vernacular in every town and village in the neighbourhood of the land
comprised therein, a proclamation- (a) specifying, as nearly as possible, the
situation and limits of the proposed forest; (b) explaining the consequences which, as
hereinafter provided, will ensue on the reservation of such forest; and (c) fixing a period of not less than three
months from the date of such proclamation, and requiring every person claiming
any right in respect thereof either to present to the Board within such period
a written notice specifying, or to appear before it and state, the nature of
such right and the amount and particulars of the compensation (if any) so
claimed. (2) After the issuance of notification under
section 5, no right shall be acquired in or over the land comprised in such
notification, except by succession, or under a grant, or contract in writing
made or entered into by, or on behalf of Government, or some person in whom
such right was vested when the notification was issued; and no fresh clearings
for cultivation or for any other purpose shall be made in such land, except in
accordance with such rules as may be made by Government in this behalf. 7. Inquiry by Forest Settlement Board.---The Board
shall take down in writing all statements made under section 6, and shall at
some convenient place inquire into all claims duly preferred under that
section, and the existence of any rights referred to in section 6 so far as the
same may be ascertainable from the records of Government and the evidence of
any persons likely to be acquainted with the same. 8. Powers of Forest Settlement Board.---For the purpose
of such inquiry, the Board may exercise the following powers, that is to say: (a) power to enter or authorise any of its
member or any officer to enter upon any land, and to survey, demarcate and make
a map of the same; and (b)
the powers of a Civil Court in
the trial of suits. 9. Extinction of rights.---Rights in
respect of which no claim has been preferred under section 6, and of the
existence of which no knowledge has been acquired by inquiry under section 7,
shall be extinguished, unless, before the notification under section 20 is
published, the person claiming them satisfies the Board that he had sufficient
cause for not preferring such claim within the period fixed under section 6. 10. Treatment of claims relating to
practice of shifting cultivation.---(1) In the case of a claim relating to
the practice of shifting cultivation, the Board shall record a statement
setting forth the particulars of the claim and of any local rule or order under
which the practice is allowed or regulated, and submit the statement to
Government together with its opinion as to whether the practice should be
permitted or prohibited wholly or in part. (2) On receipt of the statement and opinion,
Government or any officer of the Department, duly authorised by it, may make an
order permitting or prohibiting the practice wholly or in part. (3) If such practice is permitted wholly or
in part, the Board may arrange for its exercise- (a)
by altering the limits of the
land under settlement so as to exclude land of sufficient extent, of a suitable
kind, and in a locality reasonably convenient for the purposes of the
claimants; or (b)
by causing certain portions of the land under
settlement to be separately demarcated, and giving permission to the claimants
to practice shifting cultivation therein under such conditions as the Board may
prescribe. (4) All arrangements made under sub-section
(3) shall be subject to the previous sanction of Government or an officer of
the Department duly authorised by it. (5) The practice of shifting cultivation
shall in all cases be deemed a privileges subject to control and restriction by
Government and may be done away with at any time by it. 11. Power
to acquire land over which right is
claimed.---(1)
In the case of a claim to a right in or over any land other than a right of way
or right of pasture, or a right to forest produce or a water-course, the Board
shall pass an order admitting or rejecting the same in whole or in part. (2) If such claim is admitted in whole or in
part, the Board shall either- (i) exclude such land from the limits of
the proposed forest; or (ii) come to an agreement with the owner
thereof for the surrender of his rights; or (iii) proceed to acquire such land in the
manner provided by the Land Acquisition Act, 1894 (I of 1894). (3) For the purpose of so acquiring such
land- (a) the Board shall be deemed to be a
Collector proceeding under the Land Acquisition Act, 1894 (I of 1894); (b) the claimant shall be deemed to be a
person interested and appearing before it in pursuance of a notice given under
section 9 of the said Act; (c) the provisions of the said Act in this behalf shall be deemed to have been
complied with; and (d) the Collector, with the consent of the
parties, or the Court as mentioned in section 9 of the said Act with the
consent of both parties, may award compensation in land, money or partly in
land and partly in money. 12. Order on claims to rights of pasture
or to forest produce.---In the case of a claim to rights of
pasture or to forest produce, the Board shall pass an order admitting or
rejecting the same in whole or in part. 13. Record to be made by Forest Settlement
Board.---The
Board, when passing any order under section 12, shall record, so far as may be
practicable,- (a) the name, father’s name, caste,
residence and occupation of the person claiming the right; and (b) the designation, position, area and Khasra Number/Survey Number of all fields or groups of fields (if
any) and all buildings (if any) in respect of which the exercise of such rights
is claimed. 14. Record where the Forest Settlement
Board admits claim.---If the Board admits, in whole or in part, any claim
under section 12, it shall also record the extent to which the claim is so
admitted, specifying the number and description of the cattle which the
claimant is, from time to time, entitled to graze in the forest, the season
during which such pasture is permitted, the quantity of timber and other forest
produce which he is from time to time authorised to take or receive, and such
other particulars as the case may require. It shall also record whether the
timber or other forest produce obtained by the exercise of the rights claimed
may be sold or bartered. 15. Exercise of rights admitted.---(1) After making
such record the Board shall, to the best of its ability, and having due regard
to the maintenance of the reserved forest in respect of which the claim is
made, pass such orders as will ensure the continued exercise of the rights so
admitted. (2) For this purpose the Board may- (a) set out some other forest tract of sufficient
extent, and in a locality reasonably convenient, for the purposes of such
claimants, and record an order conferring upon them a right of pasture or to
forest produce, as the case may be, to the extent so admitted; or (b) alter the limits of the proposed forest as
to exclude forest land of sufficient extent, and in a locality reasonably
convenient, for the purposes of the claimants; or (c) record an order, continuing to such
claimants a right of pasture or to forest produce, as the case may be, to the
extent so admitted, at such seasons, within such portions of the proposed
forest, and under such rules, as may be made in this behalf by Government. 16. Commutation of rights.---In case the
Board finds it impossible, having due regard to the maintenance of the reserved
forest, to make such settlement under section 15 as shall ensure the continued
exercise of the said rights to the extent so admitted, it shall, subject to
such rules as Government may make in this behalf, commute such rights, by the payment
to such persons of a sum of money in lieu thereof, or by the grant of land, or
in such other manner as it considers appropriate. 17. Appeal from order passed under section
11, section 12, section 15 or section 16.---Any person who
has made a claim under this Ordinance, or any Forest Officer, or other person
generally or specially empowered by Government in this behalf, may, within
three months from the date of the order passed on such claim by the Board under
section 11, section 12, section 15 or section 16, present an appeal from such
order to such officer of the Revenue Department, of the rank not lower than
that of a Collector, as Government may, by notification in the Official
Gazette, appoint to hear appeals from such orders: (hereinafter referred to as
‘the appellate officer’): Provided
that Government may establish a Tribunal (hereinafter called the Forest
Tribunal) composed of three persons to be appointed by Government, and, when
the Forest Tribunal has been so established, all such appeals shall be
presented to it. 18. Appeal under section 17.---(1) Every appeal under section 17 shall be made
by petition in writing, and may be delivered to the Board, who shall forward it
without delay to the authority competent to hear the same. (2) If the appeal is made to an appellate
officer appointed under section 17, it shall be heard in the manner prescribed
for the time being for the hearing of appeals in matters relating to land
revenue. (3) If the appeal is made to the Forest
Tribunal, the Tribunal shall fix a date, time and convenient place in the
neighbourhood of the proposed forest for hearing the appeal, and shall give
notice thereof to the parties, and shall hear such appeal accordingly. (4) The order passed on the appeal by such
appellate officer or the Forest Tribunal, as the case may be, shall, subject to
revision by Government, be final. 19. Pleaders.---Government or
any person, who has made a claim under this Ordinance, may appoint any person
to appear, plead and act on its or his behalf before the Board, or the
appellate officer or the Forest Tribunal, in the course of any inquiry or
appeal under this Ordinance. 20. Notification declaring forest
reserved.---(1)
When the following events have occurred, namely: (a) the period fixed under section 6 for
preferring claims has elapsed, and all claims, if any, made under that section
or section 9 have been disposed of by the Board; (b) if any such claims have been made, the
period limited by section 17 for appealing from the orders passed on such
claims has elapsed, and all appeals (if any) presented within such period (c) all lands (if any) to be included in the
proposed forest, which the Board has, under section 11, selected to acquire
under the Land Acquisition Act, 1894 (I of 1894), have become vested in
Government under section 16 of that Act; Government
shall publish a notification in the Official Gazette, specifying definitely,
according to boundary marks erected or otherwise, the limits of the forest
which is to be reserved, and declaring the same to be reserved from a date
fixed by the notification. (2) From the date so fixed such forest shall
be deemed to be a reserved forest. (3) The management of reserved forests shall
for all intents and purposes be vested in the Forest Officers. 21. Publication of translation of
notification in neighbourhood of forest.---The Board shall,
before the date fixed by notification issued under section 20, cause a translation
thereof into the local vernacular to be published in every town and village in
the neighbourhood of the forest. 22. Power to revise arrangements made
under section 15 or section 18.---Government may, within five years from
the publication of a notification under section 20, revise any arrangement made
under section 15 or section 18(4), and may for this purpose rescind or modify
any order made under section 15 or section 18(4), and direct that any one of the proceedings
specified in section 15 be taken in lieu of any other of such proceedings, or
that the rights admitted under section 12 be commuted under section 16. 23. No right acquired over reserved
forest, except as provided.---No right of any description shall be
acquired in or over a reserved forest, except by succession or under a grant or
contract in writing made by or on behalf of Government or some person in whom
such right was vested when the notification under section 20 was issued. 24. Rights not to be alienated without
sanction.---(1)
Notwithstanding anything contained in section 23, no right continued under
clause (c) of sub-section (2) of section 15 shall be alienated by way of grant,
sale, lease, mortgage or otherwise, without the written sanction of Government: Provided that when any such right is appended
to any land or house, it may be sold or otherwise alienated with such land or
house. (2)
No timber or other forest produce obtained in
exercise of any such right shall be sold or bartered, except to such extent as
may have been admitted in the order recorded under section 14. 25. Power
to stop ways and water-courses in reserved forests.---A Forest Officer may, with the previous
sanction of Government or of any officer duly authorised by it in this behalf,
stop any public or private way or water-course in a reserved forest; provided
that a substitute for the way or water-course so stopped, which the Government
or the officer duly authorised by it deems to be reasonably convenient, already
exists or has been provided or constructed by the Forest Officer in lieu
thereof. 26. Acts prohibited in reserved forests
and penalty.---(1) No person after issuance of a notification
under section 20 shall, in a reserved forest,- (a) encroach upon any land, or cultivate any
land or clear or break up, or occupy any
land for cultivation, or for any other purpose; (b) construct or cause to be constructed any
building or shed, road or enclosure, or any infrastructure, or alter or enlarge
any existing building, road, shed, or
any enclosure, or infrastructure; (c)
exercise the right of trespass,
graze, browse, pasture or drive cattle, or permit cattle to trespass, or cut
grass, or enter into a fenced enclosure or have any other rights, except the
rights admitted under section 15; (d)
set fire or abet in setting fire,
to a reserved forest or, in contravention of any rules made in this behalf,
kindle any fire or leave any fire burning in such manner as may endanger such
forest; (e)
cause any damage by negligence in
felling any tree or cutting or dragging any timber; (f)
cut, fell, uproot, girdle, lop,
tap, burn any tree or brushwood listed in Schedule -I, or strip off its bark or
leaves or collect or extract torch wood
and any forest produce from or otherwise damage the same; (g)
quarry stone, burn lime or
charcoal, or collect, subject to any manufacturing process, or remove any
forest produce; (h)
pollute soil or water by sewerage,
sewage, domestic or industrial waste or through any other pollutants or means;
or (i)
hunt, shoot, fish, or poison
water, or set snares or traps in contravention of any rules made in this behalf
by Government. (2) No person shall abet in the commission
or furtherance of any of the above acts. (3) Whoever contravenes or fails to comply
with any of the provisions of this section or abets in commission or
furtherance of any such acts shall be punishable with imprisonment for a term
which may extend to two years, or with fine which may extend to fifty thousand
rupees, or with both, in addition to such compensation as the convicting court
may direct to be paid, which shall not be less than the value of the actual
damage done to the forest as assessed by the Forest Officer: Provided
that- (i)
where the value of the forest damage as assessed by
the Forest Officer is less than ten thousand rupees, the offence shall be
punishable with imprisonment which shall not be less than one month, or with
fine which shall not be less than five thousand rupees, or with both; or (ii)
where the value of the forest damage, as assessed by
the Forest Officer, exceeds ten thousand rupees but does not exceed thirty
thousand rupees, the offence shall be punishable with imprisonment which shall
not be less than three months, or with fine, which shall not be less than ten
thousand rupees, or with both; or (iii)
where the value of the forest damage, as assessed by
the Forest Officer, exceeds thirty thousand rupees but does not exceed one hundred
thousand rupees, the offence shall be
punishable with imprisonment which shall not be less than six months, or with
fine, which shall not be less than twenty thousand rupees, or with both; or (iv)
where the value of the forest
damage, as assessed by the Forest Officer, exceeds one hundred thousand rupees,
the offence shall be punishable with imprisonment which shall not be less than
one year, or with fine, which shall not be less than fifty thousand rupees, or
with both; and (v)
in all cases the value of the
forest produce shall be assessed at double the current market rates. (4) When an offence is established then
apart from fines and sentences awarded by the court, all forest produce, tools,
implements, carriages, including mechanically propelled vehicles, pack animals,
sawing unit, chain saw, arms, ammunitions and other equipments and conveyances
used in the commission or furtherance of a forest offence shall stand
confiscated in favour of Government, in addition to the punishment awarded
under this section. (5) If the offender be a woman, the
Magistrate shall, except for reasons to be recorded in writing, dispense with
her presence and permit her to appear by an agent, authorised in writing under
the signature or thumb-impression of the woman, attested by a respectable
person of the area concerned. (6) When the person who is incharge of
cattle which have trespassed in contravention of clause (c) of sub-section (1)
is a child under the age of sixteen years, the owner of the cattle shall be
deemed to be a person who is guilty of an offence within the meaning of that
clause. (7) Nothing in this section shall be deemed
to prohibit,- (a) any act done by permission in writing of
the Forest Officer or any rule made by Government; or (c)
the exercise of any right
mentioned in section 15 or acquired under section 23 or admissible under
section 24. (8) Whenever fire is caused wilfully or by
gross negligence to a reserved forest, or excessive damage is caused wilfully
or by gross negligence to such forest through girdling, lopping, felling, torch
wood extraction, or drying of trees through artificial means, the Forest
Officer not below the rank of a Divisional Forest Officer may, notwithstanding
that any punishment has been imposed or not for contravention of the provisions
of this section, direct that in such forest or any portion thereof the exercise
of all or any of the rights, concessions or privileges of the offender, in
respect of pasture or forest-produce or seigniorage fee or timber permit shall
be suspended for such period as he may deem appropriate. 27. Power to declare forest no longer
reserved.---(1) Government may, by notification in the
Official Gazette, direct that any forest or any portion thereof constituting a
reserved forest, shall cease to be a reserved forest, with effect from a date
specified in such notification. (2) From the date so specified, such forest
or portion thereof shall cease to be a reserved forest but the rights, if any,
which have been extinguished therein shall not revive in consequence of such
cessation. CHAPTER – III VILLAGE FORESTS 28. Formation
of village forests.---(1)
Government may assign to any village community the rights of Government to or
over any land which has been declared a reserved forest, and may cancel such
assignment. All such land shall be called village forests. (2)
The situation and limits of such forest or land shall
be specified, as nearly as possible, by well-known and permanent boundary
pillars and proper map shall be prepared and maintained. (3) Government may, for the purposes of this
Chapter, make rules,- (i)
for regulating the management of village forests; (ii)
prescribing the conditions under which the community
to which any assignment is made under this section may be provided with timber
and other forest produce; (iii)
for grant of permission to pasture; (iv)
for assignment of duties and obligations in relation
to protection, management and sustainable development of such forests; and (v)
prescribing joint responsibility and liability of the
community for contravention of any of the provisions of this Chapter. (4) In all other matters the provisions of
this Ordinance relating to reserved forests shall apply to village forests. CHAPTER – IV PROTECTED
FORESTS 29. Power
to declare protected forests.---(1) Government may, by notification in
the Official Gazette, declare any forest land or wasteland which is not
included in a reserved forest, but which is the property of Government or over
which Government has proprietary rights, or to the whole or any part of the
forest produce of which Government is entitled, a protected forest. (2) The situation and limits of such land or
forest shall be specified in the notification, as nearly as possible, by roads,
rivers, ridges or other well-known or readily intelligible boundaries. (3) The
management of the forest or wasteland comprised in the notification issued
under sub-section (1) shall vest in the Forest Officers. (4) No notification under
sub-section(1) shall be made unless the
nature and extent of rights of Government and of private persons, in or over
the forest or wasteland comprised therein, have been inquired into and recorded
at a survey or settlement, or in such other manner as Government may consider
appropriate. Every such record shall be presumed to be correct unless the
contrary is proved; and that rights recorded under this section cannot be
interfered with at all, except in a closed forest or when rights are suspended
on account of fire, excessive damage to forest or on account of any act prohibited
under section 33: Provided
that if, in the case of any forest or wasteland, Government considers that such
inquiry and record will occupy such length of time as in the meantime to
endanger the rights of Government, it may, pending such inquiry and record,
declare such land to be a protected forest, but so as not to abridge or affect
any existing rights of individuals or communities. (5) Government may, in the interest of
forest conservancy, conduct proper enquiry into the nature and extent of rights
of Government and of private persons in or over protected forest, as soon as
possible, after issuance of notification under sub-section (1) or declaration
under the proviso to sub-section (4) and constitute any such forest or land, a
protected forest, in accordance with the procedure laid down in respect of
reserved forests as contained in sections 5 to section 21 of this Ordinance. 30. Power
to reserve trees, close forests and prohibit certain acts.---(1)
Government may by notification,- (a)
declare any trees or class of
trees or brushwood listed in Schedule-I or any other forest produce in a
protected forest to be reserved from a date fixed by notification; (b)
declare that any portion of such forest specified in
the notification shall be closed for such term, not exceeding thirty years, as
Government considers fit and that the rights of private person, or village
community, if any, over such portion shall be suspended during such term: Provided that when any portion of
the forest is closed, it shall be ensured that the remainder of such forests is
sufficient and is reasonably convenient for the due exercise of the rights
suspended in the portion so closed; or (c) prohibit, from a date fixed as
aforesaid, the quarrying of stones, or the burning of lime or charcoal, or
their collection or subjection to any manufacturing process, or removal of any
timber or forest produce in any such forests, and the breaking up or clearing
of land for cultivation, or for construction of any building, or enclosure, or
for herding cattle or the extension of any kind of encroachment over such land
for any other purpose, or pasturing of
cattle, or any other act or acts mentioned in sub-section (1) and sub-section
(2) of section 33, in any such forest. (2) All the
trees on Government lands resumed by Government, or declared protected under
this Ordinance, or any of the laws repealed by this Ordinance shall be deemed
to be reserved under this section with effect from the commencement of this
Ordinance. 31. Publication of translation of such
notification in neighbourhood.---The Divisional Forest Officer shall
cause a translation into local vernacular of every notification issued under
section 29 or section 30 to be affixed
in a conspicuous place in every town and village in the neighbourhood of the
forest comprised in the notification. 32. Power to declare forest no longer
protected.---(1)
Government may, by notification in the Official Gazette, direct that any
protected forest or any portion thereof,
shall cease to be a protected forest with effect from a date specified
in such notification. (2) From the date so specified such forest
or portion thereof shall cease to be a protected forest but the rights, if any,
which have been extinguished therein shall not revive in consequence of such
cessation. 33. Acts prohibited in protected forests
and penalties.---
(1) No person shall set fire or abet in
setting fire to a protected forest, or in contravention of any rules made in
this behalf, kindle any fire or leave any fire burning in such manner as may
endanger such forest, or keep, kindle or carry any fire, except during such
seasons as the Forest Officer may notify in this behalf. (2) No person shall, in contravention of any
notification issued under section 30 or rules made under section 34, in a
protected forest,- (a) cultivate any land or clear or break up any
land for cultivation or occupy or encroach upon any land for any other purpose; (b) construct or cause to be constructed any
building, or alter or enlarge any existing building, or make any enclosure or
alter or enlarge any existing enclosure; (c) trespass, graze, browse, pasture or drive
cattle, or permit cattle to trespass, or cut grass, or enter into a fenced
enclosure; (d) cause any damage by negligence in felling any
tree or cutting or dragging any timber; (e) cut, fell, uproot, girdle, lop, tap, burn
any tree, or brushwood listed in Schedule-I, or extract torch wood, or strip
off its bark or leaves from or otherwise damage the same; (f) quarry any stone, burn lime or charcoal, or
collect, subject to any manufacturing process, or remove any forest produce; (g)
pollute soil or water by sewerage,
sewage, domestic or industrial waste or through any other pollutants or means;
[or] (h) hunt, shoot, fish, or poison water, or set
snares or traps; and (i) abet in the commission or furtherance of
any of the above acts. (3) Whoever
contravenes or fails to comply with any of the provisions of this section, or
abets in commission or furtherance of any such acts, shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may
extend to fifty thousand rupees, or with both, in addition to such compensation
as the convicting court may direct to be paid, which shall not be less than the
value of the actual damage done to the forest as assessed by the Forest
Officer: Provided that— (i) where
the value of the forest damage, as assessed by the Forest Officer is less than
ten thousand rupees, the offence shall be punishable with imprisonment which
shall not be less than one month, or with fine which shall not be less than
five thousand rupees, or with both; or (ii) where
the value of the forest damage, as assessed by the Forest Officer, exceeds ten
thousand rupees but does not exceed thirty thousand rupees, the offence shall
be punishable with imprisonment which shall not be less than three months, or
with fine, which shall not be less than ten thousand rupees, or with both; or (iii) where the value of the forest damage, as
assessed by the Forest Officer, exceeds thirty thousand rupees but does not
exceed one hundred thousand rupees, the
offence shall be punishable with imprisonment which shall not be less than six
months, or with fine, which shall not be less than twenty thousand rupees, or
with both; or (iv)
where the value of the forest
damage, as assessed by the Forest Officer, exceeds one hundred thousand rupees,
the offence shall be punishable with imprisonment which shall not be less than
one year, or with fine, which shall not be less than fifty thousand rupees, or
with both; and (v)
in all cases the value of the
forest produce shall be assessed at double the current market rates. (4) When an
offence is established then apart from fines and sentences awarded by the
court, all the forest produce, tools, implements, carriages, including
mechanically propelled vehicles, pack animals, sawing unit, chain saw, arms,
ammunitions and other equipments and conveyances used in the commission or
furtherance of the offence shall stand confiscated in favour of Government, in
addition to the punishment awarded under this section. (5) If the offender be a woman, the magistrate
shall, except for reasons to be recorded in writing, dispense with her presence
and permit her to appear by an agent, authorised in writing under the signature
or thumb impression of the woman, attested by a respectable person of the area
concerned. (6)
When the person who is incharge of
cattle which have trespassed in contravention of clause (c) of sub-section (2)
is a child under the age of sixteen years, the owner of the cattle shall be
deemed to be a person who is guilty of the offence within the meaning of that
clause. (7) Nothing in sub-sections (1) and (2) shall
be deemed to prohibit any act done with the permission in writing of the Forest
Officer, or in accordance with rules made under section 34, or, except as
regards any portion of a forest closed under section 30, or as regards any
rights the exercise of which has been suspended under sub-section (8), or in
the exercise of any right recorded under section 29. (8)
Whenever fire is caused wilfully
or by gross neglegance to a protected forest, or excessive damage is caused
wilfully or by gross negligance to such forest through girdling, lopping,
felling, torch wood extraction, or drying of trees through artificial means,
the Forest Officer not bellow the rank of a Divisional Forest Officer may,
notwithstanding that any punishment has been imposed or not for contravention
of the provisions of this section, direct that in such forest or any portion
thereof all or any of the rights, concessions or privileges of the offender, in
respect of pasture or forest produce or timber permit shall be suspended for
such period as he may deem appropriate. 34. Power to make rules for protected
forests.---Government
may for the purposes of this Chapter, make rules to prohibit or regulate the
following matters, namely,- (a)
cutting, felling, sawing,
converting, obtaining, storing, selling, transporting, and removal of trees and
timber and the collection, manufacture and removal of forest produce from
protected forests, and the use of any tools, implements, carriages, boats,
vehicles, pack-animals, conveyances, power saw, and sawing unit in protected
forests; (b) granting of licenses or permits to the
inhabitants of towns and villages and the community-based organisation in the
vicinity of protected forests to take trees, timber or other forest produce
from forest for their own use, or for the purposes of trade, and the production
and return of such licenses or permits by such persons or organisation; (c) payments, if any, to be made in
pursuance of grant of licence or permits under clause (b) and the manner in which such payment shall be
made, including the manner to cut such trees, or to collect and remove such
timber or other forest produce; (d) other payments, if any, to be made in
respect of such trees, timber and produce, and the manner in which such
payments shall be made; (e) examination of forest produce passing
out of such forests by Forest Officers; (f) protection from fire of timber lying in
such forests and of trees reserved under section 30; (g) cutting of grass and pasturing of cattle
in such forests; (h) hunting, shooting, fishing, poisoning
water, polluting soil or water and setting traps or snares in such forests; (i) protection, conservation, management
and sustainable development of any portion of a forest closed under (j) grant, sale, lease and mortgage of
timber or any forest produce, or lease or grant of any such land for a
specified time, for eco-tourism, mining, research, trade, sustainable
development or any purpose not being
inconsistent with the objectives of this Ordinance; and (k) the exercise of rights, if any,
determined under section 29. CHAPTER – V CONTROL OVER
GUZARA FORESTS AND WASTELANDS 35. Rights in guzara forests and
wastelands.---(1)Subject
to the rights and powers of Government in respect of seigniorage, forest
conservancy, sustainable development and management as defined in this
Ordinance or in the rules made thereunder, and subject also to the claims of
right-holders not being owners of the land, all guzara forests and wastelands
are the property, held jointly or severally, as the case may be, of the
land-owners of the village in whose boundaries these are included and such
land-owners are entitled to use, free of charge, for their own domestic, and
agricultural requirements any trees and forest produce found in those guzara
forests and wastelands, but they shall
have no right or power to sell any tree, timber, brushwood or any other forest
produce growing on such lands, except with the permission of the Conservator of
Forests and under such conditions as the Conservator of Forests may impose. All
such sales shall be subject to payment to Government of timber surcharge,
forest development charges, seigniorage fees, and management charges, which
shall be creditable to the Forest Development Fund. (2) The claims of right holders other than
land-owners of the village shall be recognised to the extent defined and
recorded at settlement, or in case of doubt or dispute, to the extent which may
hereafter be defined by the Collector with the sanction of the Board of
Revenue, and exercise of such rights shall be subject to the provisions of this
Ordinance and the rules made thereunder. (3) All deodar trees in Kaghan Ilaqa,
whether grown on Government or private lands, shall be deemed to be the
property of the Government; Provided that in case of deodar trees growing on
private lands, the right holders shall be paid half the price of timber from
the commercial sale of trees, after deducting at source the extraction costs,
timber surcharge, other forest development charges and surcharges, and
managerial charges. 36. Protection of wastelands.---(1) Subject to sub-section (6), Conservator of
Forests may, by Order, with prior approval of the Government, declare any
wasteland to be protected wasteland with effect from the date specified in the
order, when, in his opinion, it becomes necessary to do so for any of the
following purposes, namely: (i)
the protection against storms,
winds, rolling stones, floods and avalanches, or any other natural calamities; (ii) the conservation or preservation of soil
on the ridges and slopes, and in the valleys of hilly tracts, the prevention of
land-slips or land-slides, or of the formation of ravines and torrents, or the
protection against erosion and floods, or the deposit thereon of sand, stones
or gravel; (iii)
the protection of catchment basins,
banks and beds of rivers, streams, torrents and ravines; (iv) the protection, conservation and
regeneration of particular types of trees, brushwood or grasses; (v) the maintenance of water supply in
springs, rivers, tanks and reservoirs; and (vi) the protection of lines of communication
including roads, bridges and railways, and other infrastructure. (2) The order under sub-section (1) shall
clearly define the area declared as protected wasteland and cause the same to
be shown on the village map, besides demarcating on the ground with boundary
marks so far as may be necessary. (3) The following acts shall be prohibited
in the protected wasteland, declared under sub-section (1), that is to say-- (a) the encroachment by breaking up or
clearing of land for cultivation or construction of sheds, building, road,
enclosure or any other infrastructure, or its occupation as sites for sheds,
buildings or enclosures; (b) pasturing of cattle; (c) burning or clearing of vegetation; (d) cutting of particular types of trees
listed in Schedule-I or removal of forest produce; (e) quarrying of stones, mining of minerals,
burning of lime or charcoal; (f) hunting, shooting, poisoning of water,
or setting of traps and snares; or (g) polluting of soil or water by sewerage,
sewage, domestic or industrial waste or any other pollutants, or means. (4) No order made under sub-section (1)
shall be cancelled, or the boundary of the protected wasteland shall be altered
without the approval of Conservator of Forests. (5) Subject to sub-section (6), the
Conservator of Forests may, with the approval and at the expense of Government,
for any purpose mentioned in sub-section (1), construct or carry out in or upon
such protected wasteland such engineering or cultural works as he deems fit. (6) No order shall be made under sub-section
(1) nor shall any work be begun under sub-section (5), until after the issue of
a notice by the Conservator of Forests concerned to the owners of such
wasteland calling on them to show cause, within a reasonable period of time
which shall not be less than ninety days, as to why such order should not be
made or construction work carried out, as the case may be, and the explanation
or objections, if any, and any evidence they may produce in support of the
same, have been heard, considered and disposed of by the Conservator of
Forests. (7) No compensation shall be claimable by
the owners or other right holders of such protected wasteland in respect of any
order passed under this section. (8) The management of the protected
wasteland shall vest in the Department. 37.
Management
of guzara forests and wastelands. ---(1) The management of guzara forests shall vest
in the Department. (2) In case of wastelands, if- (a) the landowners neglect or wilfully disobey
any order under section 36 or rules (or regulations) made under this Chapter;
or (b) the purpose of any work to be constructed
or carried out under section 36 (5) so
requires; the Conservator of Forests may, by
notification, after giving the land-owners an opportunity of being heard in
accordance with the procedure as laid down in sub-section (6) of section 36,
assume the management of such wasteland and place the same under the control of
a Forest Officer, and may declare that all or any of the provisions of this
Ordinance or the rules made thereunder relating to reserved forests or
protected forests shall apply to such wasteland, as the Conservator of Forests
may deem fit. (3)
The Divisional Forest Officer shall
demarcate such wasteland and shall prepare a map thereof or construct boundary
pillars around such land. (4) The Conservator of Forests may transfer
the management of such lands back to the land-owners for sustainable
development or for any other reason as he deems fit in the circumstances. 38. Management of wastelands at the
request of owners.---(1) If the
owner of any wasteland other than guzara forests, or if there be more than one
owner, the owners of shares therein amounting in the aggregate to at least
two-third thereof, with a view to the formation, protection, conservation,
management or sustainable development of forests thereon, request in writing to
the Conservator of Forests- (a) that such wasteland be set apart and
managed on his or their behalf by the Forest Officer as a reserved or a
protected forest, or by the community-based organization, or village-based
organization as a village forest in the manner as provided in section 28 or by
the Joint Forest Management Committee as provided in section 102 on such terms
as may be mutually agreed upon; or (b) that all or any of the provisions of
this Ordinance or rules made thereunder be applied to such wasteland . (2) The Conservator of Forests may, by
notification, apply to such wasteland such provisions of this Ordinance, with
such modifications, as he deems suitable to the circumstances thereof. (3) The management and protection of such
wasteland shall be the responsibility of the Forest Officer, the
community-based organisation, the village-based organisation or the Joint
Forest Management Committee, as the case may be. (4) The Conservator of Forests may transfer
the management of such lands back to the land-owner for sustainable development
or for any other reason as it deems fit in the circumstances. 39. Apportionment of net profit.---The net
profit, if any, arising from the management of guzara forests or wastelands
under section 37 or section 38 shall be paid to the said land-owners, after
deducting at source, the harvesting or any other charges incurred in connection
with management of such land, timber surcharges, other charges/surcharges, as
well as 20% managerial charges on the
profit. The deductions so made shall be credited to the Forest
Development Fund. 40. Power to acquire guzara forest or
wasteland.---(1)
If Government considers that, in lieu of placing any guzara forest or wasteland
under the control of a Forest Officer, the said land should be acquired for
public purposes, it may acquire the same under the Land Acquisition Act, 1894,
and place it under the management of Forest Officer. (2) All or any of the provisions of this
Ordinance, or the rules made thereunder relating to a reserved forest or a
protected forest may be applied to such land or separate rules may be made to
regulate such land. 41. Protection of cultivation by retaining
walls and treatment of cultivation in dangerous position on hill slopes.---(1) In the case of cultivation in dangerous
position on hill-slopes the Divisional Forest Officer may require the owner or
tenant of the land so cultivated to protect it by a retaining wall or to take
such other precautionary measures to ensure the stability of the soil as he may
deem necessary. (2) If the
owner or tenant fails to comply with the requisition within a period of thirty
days and also persists in cultivating the said land, the Divisional Forest
Officer may summarily eject him from so much of the land as may be in danger
and deal with it in accordance with the provisions of section 36. (3) Where the cultivation on hill-slopes is
in such a dangerous position and the slope is too steep to admit of the
construction of retaining walls, the Divisional Forest Officer may, if he is of
the opinion that the prohibition of such cultivation is in the general interest
of the village or public, eject the person cultivating the same and direct that
the land shall remain uncultivated in future. (4) No compensation shall be admissible in
respect of any order passed under this section. 42. Treatment of encroachment on common
land.---(1)
Where waste-land, which has been recorded at settlement as “Shamilat” or common
land, the Divisional Forest Officer may
declare or specially reserve such land as a grazing ground or as a fuel or
timber preserve of the village or village community. (2) Where such land is broken into by
cultivation, or is encroached upon for any purpose other than a purpose under
sub-section (1), the Divisional Forest Officer, on the application of any right
holder in the village or of his own motion, may eject the author of the
encroachment and forbid its repetition by an order issued in a like manner as
an order under section 36 of this Ordinance. (3) Violation of the order passed under
sub-section (2) shall constitute a contravention of the provision of clause (b)
of section 44. 43. Controlled burning of guzara forest
and wasteland.---A
Forest Officer, not below the rank of a Divisional Forest Officer, may issue
special order in writing, permitting the controlled burning of any guzara forest
and wasteland within such limits and subject to such conditions as he may
thinks fit. 44. Acts prohibited in guzara forests and
waste-lands.---
No person shall, in a guzara forest or
wasteland,- (a) break up or cultivate or occupy or
construct any building or enclosure, or make any other kind of encroachment, or being the owner of the land
or a joint owner thereof, permit the breaking up, or cultivation or occupation,
or construction of the shed, building or enclosure or any other kind of encroachment
in any wasteland; (b) contravene any general or special
management order passed under this Chapter or contravene any rules made under
this Chapter; (c) sell or convey for sale any tree, timber
or brushwood listed in Schedule-I or other forest produce without permission,
or cut, fell, uproot, girdle, lop, or tap for resin or for any other purpose,
or burn any tree, or brushwood, or extract torch wood, or strip off its bark or
leaves from, or otherwise injure any such tree or brushwood contrary to any
general or special management orders issued under or rules made under this
Chapter; (d)
set fire to any wasteland otherwise
than as permitted by the Forest Officer under section 43, or negligently permit
any fire to extend thereto; (e) cause any damage by negligence in
felling any tree or cutting or dragging any timber; (f)
quarry stones, burn lime or
charcoal, or collect subject to any manufacturing process, or remove any forest
produce; (g)
pollute soil or water by sewerage,
sewage, domestic or industrial waste or through any other pollutants or means; (h) hunt, shoot, or poison water, or set
snares or traps; or (i) abet in the commission or furtherance
of any of the above acts. 45. Penalties.---(1) Whoever contravenes or fails to comply with
the provision of section 44, shall be punishable with imprisonment for a term
which may extend to one year, or with fine, which may extend to fifty thousand
rupees, or with both, in addition to such compensation for the damage done to
the guzara forest or wasteland as the
convicting court may direct to be paid, which shall not be less than the value
of the actual damage done to the guzara forests or wasteland as assessed by the
Forest Officer and that all timber and forest produce illicitly obtained or
removed and seized shall be restored to the Government: Provided
that— (i)
where the value of the forest damage as assessed by
the Forest Officer is less than ten thousand rupees, the offence shall be
punishable with imprisonment which shall not be less than one month, or with
fine which shall not be less than five thousand rupees, or with both; or (ii)
where the value of the forest damage, as assessed by
the Forest Officer, exceeds ten thousand rupees but does not exceed thirty
thousand rupees, the offence shall be punishable with imprisonment which shall
not be less than three months, or with fine, which shall not be less than ten
thousand rupees, or with both; or (iii)
where the value of the forest damage, as assessed by
the Forest Officer, exceeds thirty thousand rupees but does not exceed one
hundred thousand rupees, the offence
shall be punishable with imprisonment which shall not be less than six months,
or with fine, which shall not be less than twenty thousand rupees, or with
both; or (iv)
where the value of the forest
damage, as assessed by the Forest Officer, exceeds one hundred thousand rupees,
the offence shall be punishable with imprisonment which shall not be less than
one year, or with fine, which shall not be less than fifty thousand rupees, or
with both; and (v)
in all cases the value of the
forest produce shall be assessed at double the current market rates. (2) When an offence is
established then apart from fines and sentences awarded by the court, all
forest produce, tools, implements, carriages, including mechanically propelled
vehicles, pack animals, sawing unit, chain saw, arms, ammunitions and other
equipments and conveyances used in the commission or furtherance of a forest
offence shall stand confiscated in favour of Government. (3) If the offender be a
woman, the Magistrate shall, except for reasons to be recorded in writing,
dispense with her presence and permit her to appear by an agent, authorised by writing
under the signature or thumb impression of the woman, attested by a respectable
person of the village concerned. (4) Whenever fire is caused wilfully or by
gross negligence to a guzara forest or protected wasteland, or forest damage
valuing fifty thousand rupees or more, as assessed by a Forest officer, is
caused wilfully or by gross negligence to such guzara forest or protected
wasteland through girdling, lopping, felling, torch wood extraction, or drying
of trees through artificial means, the Forest Officer not below the rank of a
Divisional Forest Officer may, notwithstanding that any punishment has been
imposed or not for contravention of the provisions of this section, direct that
in such forest or any portion thereof the exercise of all or any of the rights
of the offender, concessions or privileges of the offender or offender
community, in respect of pasture or forest produce or seigniorage fee or timber
permit shall be suspended for such period as he may deem fit. 46. Power to make rules for guzara
forests, protected wastelands and wastelands.---The
Government may make rules for the protection, regulation, sustainable
development and management of guzara forests, protected wastelands and wastelands and the Conservator of Forests may
issue general or special management orders for prohibition of the barking,
boring or otherwise injuring of trees or brushwood and for regulating the
felling or lopping of trees or brushwood in such land for meeting the domestic
and agricultural requirements of the land owners, right holders or the village
community. CHAPTER – VI THE CONTROL OVER
MAZRI AND MAZRI
PRODUCE 47. Protection,
preservation, propagation and control of mazri and mazri produce.---(1)
Whenever it appears desirable to provide for better protection,
preservation, propagation and control of mazri and mazri produce in any area in
Kohat and Hangu Districts in particular, or in any other area to be specified
by Government in general, Government may, by notification in the Official
Gazette,- (a)
fix the period during which mazri shall not be cut or
transported, including the transportation of its produce; (b)
specify the route by which mazri or mazri produce
shall be transported during the period not covered by clause (a); and (c)
determine the authority under whose order the means
through which and the extent to which mazri or mazri produce may be
transported. (2) Except specifically permitted by such
authority as determined by Government, no person shall possess mazri produce at
one time in excess of the quantity fixed by general or special order of the
Conservator of Forest. 48. Mazri to be a protected plant.---(1) Mazri shall be a protected plant wherever it
is so declared by the Conservator of Forests and except as provided by this
Ordinance, or rules made thereunder, the cutting of its leaves, shoots, roots
or stem shall be prohibited. 49.
Management of mazri growing
tracts.---(1)
The management of all mazri-growing tracts including tracts which have been
denuded of mazri, shall vest in the Forest Department. (2) For the
purposes of protection, conservation, regeneration and sustainable development
of mazri, the Department may, in the prescribed manner: (a) prohibit
the breaking up or clearing for cultivation of mazri-growing tract or its occupation
as sites for sheds, buildings or enclosures in such land; (b) specify
the mode in which mazri and mazri produce may be transported; and (c) control
the export, import and sale of mazri and mazri produce. (3) The
Conservator of Forests may issue orders prohibiting such breaking up or
occupation and defining the area to which such prohibition shall extend and may
cause the limits of such area to be shown on the village map and to be
demarcated on the ground with the boundary marks so far as may be necessary. (4) The Conservator of Forests may, in a
similar manner, revise such orders from time to time by altering the boundary
of the protected land so as to exclude any particular plot which is not
necessary to be protected any longer. (5) The Conservator of Forests may cause to
be summarily ejected any person cultivating land or committing any other act in
contravention of an order passed under the foregoing sub-sections and may
direct that any breaking up or occupation of land shall be removed or crop
grown in contravention of such order shall be confiscated in favour of
Government. 50. Control of the mazri produce.---(1) Subject
to the overall control of the Department, the Divisional Forest Officer or any other
Forest Officer authorised by Government shall have power to control and
regulate the sale and export of any of the mazri produces within, from or
through Kohat and Hangu Districts, and shall also have power to appoint and
control markets for its sale within the Kohat and Hangu Districts, and to
restrict such sale to such markets. (2) No mazri
or mazri produce shall be allowed to be brought into Kohat and Hangu Districts
unless it is covered by a permit issued by the Political Agent concerned or any
other officer authorised by Government and brought through the routes
prescribed by the Department for the purpose. (3) Subject
to rights defined and recorded at the latest settlement, the mazri income
accruing from Government owned land shall be credited to the Government as
forest revenue. (4) Subject to the rights defined and
recorded at the latest settlement, the income from mazri and mazri produce
accruing from the wastelands after deduction of such departmental expenditure
incurred on harvesting at source and the managerial charges amounting to 20% of
the net profit shall be paid to the right holders according to their shares
through the Revenue Department of Government 51. Management orders.---(1) Subject
to the approval of Government, the Divisional Forest Officer, may by a general
or special order prohibit the cutting or injuring of mazri and regulate the
cutting and transporting of mazri for the domestic requirements of the right
holders. (2) In case of contravention of any order
issued under sub-section (1) the Divisional Forest Officer may direct that no
mazri shall be cut in any area to which the provisions of this Ordinance apply
or are made applicable, without his previous permission in writing or of such
officer as may be authorised by him in this behalf. 52. Power to search.---(1) Any Forest Officer or Police Officer, not
below the rank of Range Forest Officer or Inspector of Police, may search any
house, room, tent, enclosure, vehicles, vessels or place where he has reason to
believe that mazri or mazri produce is placed in contravention of any
provisions of this Ordinance or of any order, rule or direction made thereunder
and may seize any such mazri or mazri produce. (2) Search under this section shall be made
in accordance with the provisions contained in sections 102 and 103 of the
Criminal Procedure Code, 1898 (V of 1898).
53. Penalty.---(1) Any person who commits a breach of any of the
provisions under this Chapter or orders or rules made thereunder shall, on
conviction by the court, be punished with imprisonment of either description
for a term which may extend to one year, or with fine which may extend to ten
thousand rupees, or with both, in addition to the confiscation of the mazri or
the mazri produce in respect of which the offence has been committed and such compensation as the
convicting court may direct to be paid, which shall not be less than the value
of the damage done to the mazri as assessed by the Forest Officer: Provided that-- (i)
where the value of the damage
done to the mazri, as assessed by the Forest Officer, exceeds fifteen thousand
rupees, (ii) if the offender is a woman, the court
shall, except for reason to be recorded in writing, dispense with her presence
and permit her to appear by an agent authorised in writing under the signature
or the thumb impression of the women, attested by a respectable person of the
village concerned. 54. Power
to make rules.---(1)
Government may make rules to carry out the purposes of this Chapter. (2) In particular and without prejudice to
the generality of the foregoing power, such rules may- (a) provide for the preservation, cutting,
re-production, collection, storage, sale, transportation, transit, checking or
examination, levy of duty and disposal of mazri and mazri produce; and (b) provide
for the management, prohibition and regulation of the breaking of wastelands,
control of illicit cultivation, closure, plantation, removal of encroachment
and annual cutting programmes. CHAPTER – VII THE DUTY AND
FEES ON TIMBER AND OTHER
FOREST PRODUCE 55. Seigniorage fee.---(1) In the case
of trees harvested from the reserved forest, Divisional Forest Officer shall
credit to Government as forest revenue the sale proceeds of such trees after
deducting the timber surcharge, forest development surcharge or any other
charges for the time being invogue and creditable to Forest Development Fund,
and on the other hand debit to Government and pay to the right holders entitled
thereto, the seigniorage fees due, according to the list of such fees that is
in force for the time being. (2) Similarly,
in the case of trees which are harvested for sale from guzara forests or
wastelands, wherever there are counterpart reserved forests, Divisional Forest Officer
shall credit to Forest Development Fund the seigniorage fees, and the balance
of the net sale proceeds realised shall be paid to the right holders entitled
thereto after deducting the prescribed timber and forest surcharges, managerial
and other development charges; provided that the trees referred to in this
sub-section are of one or other of the kind entered in the seigniorage-list
which is in force for the time being. (3) The list of the seigniorage fees in
force at the commencement of this Ordinance given at Schedule-II is hereby
maintained. (4) Government shall after every ten years
with due reference to the average actual sale prices realisable for timber or
fuel wood, revise the rates of fees in such list and may add trees to it or
exclude trees from it. (5) The fees may vary in different areas
comprising the Districts of Haripur, Abbottabad, Mansehra, Kohistan and
Batagram, but shall not exceed in any case a fair estimate of half the average
net profits realisable on the sales. (6) Whenever the list of seigniorage fees
has been revised, Government shall publish a notification in the Official
Gazette, which shall setforth the rates of seigniorage fees payable, the
circumstances under which any trees have been exempted from charge, and such
other matters connected with seigniorage-payments as Government may deem fit to
regulate. (7) Notwithstanding anything contained
anywhere else in this Ordinance, this section shall be applicable only to areas
comprising the districts of Haripur, Abbottabad, Mansehra, Kohistan and
Batagram. 56. Duty and forest development charges on
timber and other forest produce.---(1) Government may, by notification,
levy a duty or forest development charges, or both, in such manner, at such
places and at such rates as may be prescribed on any timber or other forest
produce, which is- (a)
produced in the Province, or
(b)
brought from any place outside
the Province, or is transported from or through any place within the Province,
or from beyond the frontier or elsewhere. (2) In every case in which such duty or
forest development charges, or both, are directed to be levied ad valorem,
Government may fix, by notification, the value on which such duty or forest
development charges, or both, shall be assessed. (3) All duties on timber or other forest
produce listed in Schedule-I and all
forest development charges, or both, which at the time when this Ordinance
comes into force, are levied therein under the authority of Government, shall
be deemed to have been duly levied under the provisions of this Ordinance: Provided
that the fees and forest development charges so levied shall not exceed in any
case a fair estimate of twenty five percent of the average market price
realisable on the sales. (4) The amount realised from duties and
forest development charges shall be credited to the Forest Development Fund. 57.
Permits fees and other cesses.---(1) In addition to the forest
duty and forest development charges,
Government may levy permit fees and other cesses on timber coming from
Federally Administered Tribal Areas or areas outside Pakistan into the settled
part of Province. (2) The
amount realized from such cesses shall be charged to the Forest Development
Fund. CHAPTER – VIII THE CONTROL OF
TIMBER AND OTHER FOREST PRODUCE
IN TRANSIT 58. Power to make rules to regulate
transit of timber or other forest produce.---(1) The
control of all rivers, streams and reservoirs and their banks as regards the
floating of timber, as well as the control of all timber and other forest
produce in transit by land or water, or air ways is vested in Government, and
it may make rules to regulate the transit of all timber and other forest
produce. (2)
In particular and without prejudice
to the generality of the foregoing power such rules may- (a)
prescribe the routes by which
alone, timber or other forest produce may be imported, exported, transported or
moved into, from or within the Province, provided that in the case of imported
and exported timber the routes shall be the designated Customs Entry or Exit
Points under the Custom Act, 1969(IV of 1969); (b)
prohibit the import, export,
transport or moving of such timber or other forest produce without a pass from
an officer duly authorised to issue the same, or otherwise than in accordance
with the conditions of such pass; (c)
provide for the issue, production
and return of such passes and for the payment of fees thereof; (d)
provide for the stoppage,
reporting, checking or examination and marking of timber or other forest
produce in transit, in respect of which there is reason to believe that any
money is payable to Government on account of the price thereof, or on account
of any duty, fee, royalty or any other charge due thereon, or to which it is
desirable for the purposes of this Ordinance to affix a mark; (e)
provide for the establishment and
regulation of transit, road side, river side or other depots and for the
establishment of forest check posts or barriers for checking or examination of
timber or other forest produce; (f)
provide for the places and for
the establishment and regulation of depots to which such timber or other forest
produce shall be taken by those in charge of it for checking or examination, or
for the payment of such money, or in order that such marks may be affixed to it
and the conditions under which such timber or other forest produce shall be
brought to store at and removed from such depots, barriers or check posts; (g)
prohibit the closing up or
obstructing of the channel or banks of any river used for the transit of timber
or other forest produce, and the throwing of grass, brushwood, branches or
leaves into any such river or any act which may cause such river to be closed
or obstructed; (h)
provide for the prevention or
removal of any obstruction of the channel or banks of any such river, and for
recovering the cost of such prevention or removal from the person whose acts or
negligence necessitate the same; (i)
prohibit absolutely or subject to
conditions, within specified local limits, the establishment of saw-pits, the
converting, cutting, burning, concealing or marking of timber, the altering,
effacing or defacing of any marks of the same, or the possession or carrying of
marking hammers or other implements used for marking timber; and (j)
regulate the use of property
marks for timber, and the registration of such marks, prescribe the time for
which such registration shall hold good, limit the number of such marks that
may be registered by any one person, and provide for the levy of fees for such
registration . (3) Government may direct that any rules
made under this section shall not apply to any specified species or class of
timber or other forest produce or to any specified area. 59.
Penalty
for breach of rules made under section 58.---(1) Contravention of any of the provisions of the rules made under
section 58 shall be punishable with imprisonment which may extend to six
months, or with fine which may extend to thirty thousand rupees, or with both: Provided that in cases where the offence is committed after sunset and
before sunrise, or after preparation for resistance to lawful authority, or
where the offender has been previously convicted of a like offence the offender
shall render himself liable to double of the penalties mentioned above. 60. Government and Forest Officers not
liable for damage to forest produce at depot.---Government shall
not be responsible for any loss or damage which may occur in respect of any
timber or other forest produce while at a depot established under a rule made
under section 58, or while detained elsewhere, for the purposes of this
Ordinance, and no Forest Officer shall be responsible for any such loss or
damage, unless he causes such loss or damage maliciously or fraudulently. 61.
All persons bound to aid in case
of accident at depot.---(1) In case of any accident or emergency
involving danger to any property at any such depot, every person employed at
such depot, whether by Government or by any private person, shall render
assistance to any Forest Officer or Police Officer demanding his aid in
averting such danger or securing such property from damage or loss. (2) Any person who fails to provide the
required aid or assistance, without lawful excuse, in contravention of
sub-section (1) shall be punishable with imprisonment which may extend to six
months, or with fine, which may extend to ten thousand rupees, or with both. CHAPTER-IX THE COLLECTION OF DRIFT AND STRANDED TIMBER 62.
Certain kinds of wood and timber
to be deemed the property of Government until the title thereto proved, and may
be collected accordingly.---(1)
All timber found a drift, beached, stranded or sunk; all wood and timber
bearing marks which have not been registered in accordance with the rules made
under section 58, or on which marks have
been obliterated, altered, effaced or defaced by fire or otherwise, and all un
marked wood and timber found in such areas as Government directs, shall be
deemed to be the property of Government, unless and until any person
establishes his right and title thereto; as provided in this Chapter. (2) Such
timber may be collected by any Forest Officer or other person entitled to
collect the same by virtue of any rules made under section 68, and may be
brought to any depot which the Forest Officer may notify as a depot for the
reception of drift timber. (3) Government
may, by notification, exempt any class of timber from the provisions of this
section. 63. Notice to claimants of drift timber.---Public notice shall, from time to time,
be given by the Forest Officer of timber collected under section 62. Such
notice shall contain a description of the timber, and shall require any person
claiming the same to present to such officer, within a period of not less than
two months but not more than four months, from the date of such notice, a
written statement of such claim. 64.
Procedure
on claim preferred to such timber.---(1) When any such statement is
presented as aforesaid, the Forest Officer may, after making such inquiry as he
thinks fit, either reject the claim after recording his reasons for so doing,
or deliver the timber to the claimant. (2) If such timber is claimed by more than
one person, the Forest Officer may either deliver the same to any of such
persons whom he deems entitled thereto, or may refer the claimants to the Civil
Court, and retain the timber pending the receipt of an order from any such
Court for its disposal. (3) Any
person whose claim has been rejected under this section may, within three
months from the date of such rejection, institute a suit to recover possession
of timber claimed by him; but no person shall have right to claim any
compensation or costs against Government, or against any Forest Officer, on
account of such rejection, or the detention or removal of any timber, or the
delivery thereof to any other person under this section. (4) No such timber shall be subject to
process of any civil, criminal or revenue court until it has been delivered, or
a suit has been brought, as provided in this section. 65. Disposal of unclaimed timber.---If no such
statement is presented as aforesaid, or if the claimant omits to prefer his
claim in the manner and within the period fixed by the notice issued under
section 63, or on such claim having been so preferred by him and having been
rejected, omits to institute a suit to recover possession of such timber within
the further period limited by section 64, the ownership of such timber shall
vest in Government, or, when such timber has been delivered to another person
under section 64, in such other person free from all encumbrances not created
by him. 66. Government and its officers not liable
for damage to such timber.---Government shall not be responsible
for any loss or damage which may occur in respect of any timber collected under
section 62, and no Forest Officer shall be responsible for any such loss or
damage, unless he causes such loss or damage maliciously or fraudulently. 67. Payments to be made by claimant before
timber is delivered to him.--- No person shall be entitled to
recover possession of any timber collected or delivered as aforesaid until he
has paid to the Forest Officer or other person entitled to receive it such sum
on account thereof as may be due under any rule made under section 68. 68.
Power to make rules and prescribe
penalties.---(1)
Government may make rules to regulate the following matters, namely : (a)
the salving, collection and
disposal of all timber mentioned in section 62; (b)
the use and registration of boats
or launches used in salving and collecting timber; (c)
the amounts to be paid for
salving, collecting, moving, storing or disposing of such timber ; and (d)
the use and registration of
hammers and other instruments to be used for marking such timber. (2) Any person contravening any of the
provision, or any of the rules made under this section, shall be punishable
with imprisonment for a term which may extend to two years, or fine which may
extend to fifty thousand rupees, or with both. CHAPTER – X THE SALE AND
SAWING OF TIMBER 69. Restriction on establishment of a sale
depot or a sawing unit.---(1)
No sale depot or a sawing unit shall be established, unless the same is
registered with Divisional Forest Officer in such manner and on payment of such
fee as may be prescribed. (2) A Divisional Forest Officer may, for
reasons to be recorded in writing, refuse to register a sale depot or a sawing
unit, between the forests and forest check post or forest barrier of the Forest
Department, or refuse to register a sale depot or a sawing unit elsewhere, or
cancel the registration of an existing sale depot or a sawing unit: Provided
that no order under this sub-section shall be made without giving the owner of
the sale depot or the sawing unit, as the case may be, an opportunity of being
heard: Provided
further that the forest contractors, during the currency of their contract and
the Government owned sale depots or sawing units may be exempted from the
operation of sub-section (2) as may be considered fit by the registering
officer in the circumstances. (3) Where registration of a sale depot or a
sawing unit is refused or cancelled under sub-section (2), or its validity
period has expired, the sale depot or the sawing unit, as the case may be,
shall cease to function or operate, except in the case of expiry of
registration, if the owner of the sale depot or the sawing unit, as the case
may be, has, in the prescribed manner, applied for renewal of the registration
and his request for renewal has not been refused; provided that no request for
renewal shall be refused without apprising the owner of the sale depot or the
sawing unit concerned of the reasons for refusal and without giving him an
opportunity of being heard. 70. Maintenance of record.---(1) Every owner of a sale depot or a sawing unit
shall maintain such record or keep such register as may be prescribed. (2) The record or register being maintained
under sub-section (1) shall be open to inspection by the Forest Officer. 71. Appeal.---(1) Any
person aggrieved by any order passed by Divisional Forest Officer under section
69 shall have right of appeal before the Conservator of Forests within thirty
days of the issuance of such order. (2) In computing the period of 30 days under
sub-section (1) the day on which the order sought to be appealed against was
made and the time requisite for obtaining a copy thereof, shall be excluded. (3) The Conservator of Forests shall not
confirm, modify, alter or set aside any order appealed against, except after
giving the parties an opportunity of being heard. (4) The decision of the Conservator of
Forests on an appeal under sub-section (3) shall be final. 72. Offences and penalties.---(1) Contravention of any of the provisions of
this Chapter or the rules made thereunder shall constitute an offence rendering
the offender liable to imprisonment for a term which shall not be less than
three months and may extend to two years, or to a fine which shall not be less
than five thousand rupees and may extend to fifty thousand rupees, or with
both, and may further entail seizure and confiscation of illicit timber as well
as seizure, sealing, dismantling and confiscation of the apparatus, machinery,
tools, equipment and the sawing unit to
the Government: Provided that
where the value of the illicitly possessed timber and forest produce, as
assessed by the Forest Officer exceeds thirty thousand rupees, the offence
shall be punishable with imprisonment which shall not be less than six months,
or with fine, which shall not be less than thirty thousand rupees, or with
both, in addition to such compensation for the damage done to the forest as
assessed by the Forest Officer which shall not be less than the value of the
damage so assessed: Provided
further that where the offence is committed after the sunset and before the
sunrise or when the offender causes hindrance in the performance of lawful
duties of a Forest Officer under this Chapter or rules made thereunder, or has
been previously convicted of a like offence, he may be inflicted with double
the penalties specified above. 73. Power to make rules.---(1)
Government may make rules for control and regulation of the sale depots and sawing units providing
for all or any of the following matters, namely: (a)
the classes of timber and the
kind of timber to which the rules shall apply; (b)
establishment, registration,
regulation and inspection of sale depots and sawing units; (c)
fee for registration, including
the renewal fee and the period for which the registration shall hold good; (d)
conditions under which timber may
be brought to, stored at, and removed from, sale depots, or cut, sawn or
fashioned at a sawing unit; (e)
specification of timber, its
sale, cutting, sawing or fashioning; (f)
form of registers to be
maintained at the sale depots and sawing units; (g)
security to be pledged with the
Divisional Forest Officer for the establishment of sale depots and sawing
units; and (h)
seizure and sealing of
un-registered sale depots and sawing units, including dismantling thereof and
confiscation of timber, forest produce and all machinery, tools, equipment and
appliances found therein. CHAPTER – XI THE FOREST
PROTECTION, PENALTIES AND
PROCEDURE. 74. Constitution of the Forest Force.---(1) The entire
forest establishment under Government,
excluding ministerial staff, for the purposes of this Ordinance, shall be
deemed to be a Forest Force and shall be constituted in the prescribed manner. (2) Members of the Forest Force shall wear
such uniform as may be prescribed. (3) The Forest Force shall be equipped with
such arms and ammunition, vehicles, vessels, tools, equipment and communication
system as may be deemed appropriate and necessary by Government. (4) The
Forest Officer may use such force as may be reasonable in the circumstances to
arrest the offender, seize the case property, recover the forest produce,
detain or take into custody any forest offender or case property, or prevent
the escape of any person concerned or likely to be concerned in a forest
offence or prevent the removal of any timber or forest produce in respect of
which any such offence has occurred or is likely to occur: Provided
that where it becomes necessary to stop for checking, searching and
apprehending any mechanically propelled vehicle, boat, launch, railway wagon,
pack animal, cart and carriage or any kind of conveyance, the Forest Officer
may use or cause to be used all force and means for stopping, checking,
searching and apprehending it, or preventing its escape, but shall open fire
only when it becomes absolutely necessary in self defence or on the specific
order of a Forest Officer not below the rank of a Range Forest Officer, if
opening of fire in his opinion was necessary for the stoppage of a
vehicle/conveyance or apprehension of
the offender. (5) The
Forest Officer may enter any depot, sawing unit, sale depot or any premises,
any enclosure, or any building other than a dwelling house, to make a search
and seizure of timber or forest produce and arrest offender, or break open the
lock of any door, fixture or conveyance for the purpose of search and seizure
of timber, any other forest produce or case property or arrest of offender. (6) The
Forest Officer shall have the powers to hold enquiry or investigation into
forest offences, and in the course of such enquiry or investigation, to receive
and record statements. (7) The
Forest Officer shall have the power of Civil Court to compel the attendance of
witnesses and the production of documents and material objects for the purpose
of enquiry or investigation. (8) The
Divisional Forest Officer having passed the prescribed departmental examination
in forest laws shall, subject to the Code of Criminal Procedure, 1898(V
of1898), have the power to issue a search warrant under the Code of Criminal
Procedure, 1898, where deemed necessary. (9) Any
evidence recorded under sub-section (6) shall be admissible in any subsequent
trial before a magistrate to the same extent as evidence recorded by the police
officer during investigation; provided that it has been taken in the presence
of the accused person. (10) A Forest
Officer is as good a witness as anyone from public until and unless evidence is
brought on record to disbelieve him or his ulterior motive is proved. (11) No suit,
prosecution or other legal proceedings shall be instituted except with the
previous sanction in writing of Government, against any Forest Officer in
respect of anything done or purported to be done in exercise of the powers
conferred by sub-section (4) or sub-section (5) of this section. 75. Power of arrest without warrant.---(1) Any
Forest Officer or a Police Officer may, without orders from a magistrate and
without a warrant, arrest any person against whom a reasonable suspicion exists
of his having been involved in any forest offence punishable with imprisonment
for one month or more. (2) Every officer making an arrest under
this section shall, without unnecessary delay and subject to the provisions of
this Ordinance as to release on bond, take or send the person arrested before
the magistrate having jurisdiction or to the officer in charge of the nearest
police station within twenty four hours of such arrest. 76. Power of release on a bond a Person
arrested.---Any
Forest Officer of a rank not inferior to that of a Forest Ranger or Police
officer not inferior to that of an Inspector, who, or whose subordinate, has
arrested any person under the provisions of section 75, may release such person
on his executing a bond to appear, if and when so required, before the
magistrate having jurisdiction in the case, or before the officer in charge of the
nearest police station. 77.
Power of seizure of property
liable to confiscation.---(1) Any Forest Officer or a Police Officer may
seize- (a)
timber or any other forest
produce which he has reason to believe has been obtained, stored, possessed, or is being transported contrary
to any provisions of this Ordinance, or of any rules or orders made thereunder
; and (b)
any implements, tools, equipment,
carts, carriages, wagons, pick up, lorry, truck, boat or launch, van, motor
car, bus, or any other mechanically
propelled vehicles, saw machine, sawing unit, chain saw, power saw, pack
animals, arms and ammunition or any other kind of conveyances used in the
commission, abetment or furtherance of the offence under this Ordinance, rules
or orders. (2)
Every officer seizing any timber,
forest produce or any property under this section shall place on such property
a mark indicating that the same has been so seized, and shall, as soon as may
be, make a report of such seizure to the magistrate having jurisdiction to try
the offence on account of which the seizure has been made: Provided
that when the timber or forest produce with respect to which such offence is
believed to have been committed is the property of Government, or the offender
is not known, it shall be sufficient if the officer makes, as soon as may be, a
report of the circumstances to the Divisional Forest Officer who shall
appropriate it in favour of Government: Provided
further that the Police Officer shall inform the Forest Officer about such seizure
and deliver the case property to him, as soon as possible. (3) The
timber, forest produce or any case property seized under sub-section (1) may be
placed in the custody or possession of a custodian and shall not be removed,
transferred, damaged, altered, or disposed of in any manner except with the
previous permission of the Forest Officer. (4) When the offender is not known or cannot
be found, the magistrate shall, if he is satisfied that an offence has been
committed, direct that the case property seized under sub-section (1) shall be
confiscated in favour of Government: Provided
that no such order shall be made until the expiration of one month from the
date of seizing such property, or without hearing the person, if any, claiming
any right thereto, and the evidence, if any, which he may produce in support of
his claim. 78. Power to release property seized under
section 77 and procedure thereupon.---(1) Any Forest Officer of a rank not
inferior to that of a Range Forest Officer, or Police Officer not inferior to
that of an Inspector, who, or whose subordinate, has seized any tools,
equipments, conveyances, etc., mentioned in clause (b) of sub-section (1) of
section 77, may release the same, on the execution by the owner 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 on account of
which the seizure has been made. (2) Upon the receipt of any report or
challan under section 77, the magistrate shall, with all convenient despatch,
take such measures as may be necessary for the arrest and trial of the offender
and the disposal of the property according to law. 79. Disposal on conclusion of trial for
forest offence of produce in respect of which any offence was committed.---When the
trial of any forest offence is concluded, timber or any other forest-produce in
respect of which such offence has been committed shall, if it is the property
of Government or has been confiscated, be taken charge of by a Forest Officer. 80. Procedure as to perishable properties
seized under section 77.---(1) The magistrate may,
notwithstanding anything hereinbefore contained, direct the sale of any
property seized under section 77 if he is of the opinion that its sale would be
for the benefit of the owner or when the forest produce so seized is subject to
speedy and natural decay, and may deal with the sale proceeds in accordance
with the decision of the Court, as and when arrived. (2) If the person entitled to prossession of
any perishable property is unknown or cannot be found, the magistrate shall, if
he is satisfied that an offence has been committed, direct the sale of such
property seized under section 77, and the sale proceeds so realised shall be
credited to Government Treasury. 81. Appeal from orders under section 79 or
section 80.---The
officer who made the seizure under section 77, or any of his official superiors,
or any person claiming to be interested in the property so seized, may, within
one month from the date of any order passed under section 79 or section 80,
appeal to the Court to which orders made by such magistrate are ordinarily
appealable, and the orders passed on such appeal shall be final. 82. Property when to vest in Government.---When an order
for the confiscation of any property has been passed under section 79 or
section 80, as the case may be, and the period limited by section 81 from such
order has elapsed, and no such appeal has been preferred, or when on such an
appeal being preferred, the appellate court confirms such order in respect of
the whole or a portion of such property, such property or such portion thereof
as the case may be, shall vest in the Government free from all encumbrances. 83. Punishment for wrongful seizure.---Any Forest
Officer or Police Officer who vexatiously seizes any property on pretence of
seizing property liable to confiscation under this Ordinance shall be punishable
with imprisonment for a term which may extend to six months, or with fine which
may extend to five thousand rupees, or with both. 84. Counterfeiting or effacing or defacing
marks on trees and timber and altering boundary marks.---(1) No person shall,
with intent to cause damage or injury to the public or to any person, or to
cause wrongful gain as defined in the Pakistan Penal Code,- (a) knowingly counterfeit upon any timber or
standing tree a mark used by Forest Officers to indicate that such timber or
tree is the property of Government or of some person, or that it may lawfully
be cut or removed by some person, or that it is designated for scientific,
educational or other purposes; or (b) alter, deface or obliterate any such mark
placed on a tree, or on timber, by or under the authority of a Forest Officer;
or (c) alter, move, destroy or deface any boundary
mark or boundary pillar of any reserved forest, protected forest, waste-lands,
village forest or any other forest made
by or under the authority of a Forest Officer. (2) Whoever contravenes or fails to comply
with any of the provisions of this section or abets in commission or
furtherance of any such acts shall be punishable with imprisonment for a term
which may extend to two years, or with fine which may extend to fifty thousand
rupees, or with both, in addition to such compensation as the convicting court
may direct to be paid, which shall not be less than the value of the actual
damage done to the forest as assessed by the Forest Officer: Provided that- (i) where
the value of the forest damage as assessed by the Forest Officer is less than
ten thousand rupees, the offence shall be punishable with imprisonment which
shall not be less than one month, or with fine which shall not be less than
five thousand rupees, or with both; or (ii) where
the value of the forest damage, as assessed by the Forest Officer, exceeds ten
thousand rupees but does not exceed thirty thousand rupees, the offence shall
be punishable with imprisonment which shall not be less than three months, or
with fine, which shall not be less than ten thousand rupees, or with both; or (iii) where the value of the forest damage, as
assessed by the forest officer, exceeds thirty thousand rupees but does not
exceed one hundred thousand rupees, the
offence shall be punishable with imprisonment which shall not be less than six
months, or with fine, which shall not be less than twenty thousand rupees, or
with both; or (iv) where the value of the forest damage, as
assessed by the forest officer, exceeds one hundred thousand rupees, the
offence shall be punishable with imprisonment which shall not be less than one
year, or with fine, which shall not be less than fifty thousand rupees, or with
both. (3) If the offender be a woman, the magistrate
shall, except for reasons to be recorded in writing, dispense with her presence
and permit her to appear by an agent, authorised by writing under the signature
or thumb impression of the woman attested by a respectable person of the area
concerned. (4) In cases
where the offence is committed after sunset and before sunrise or after
preparation for resistance to lawful authority, or where the offender has been
previously convicted of a like offence, in such cases all the forest produce,
tools, implements, carriages, including mechanically propelled vehicles, pack
animals, sawing unit, chain saw, arms, ammunitions and other equipments and
conveyances used in the commission or furtherance of the offence shall stand
confiscated in favour of Government, in addition to the punishment awarded
under this section. 85. Penalties and procedure.---(1) Notwithstanding anything contained in any law
for the time being in force, the offences under section 26, section 33, section
44, Chapter VI, Chapter VIII, Chapter X
and section 84 and section 86 shall be non-bailable: (a) where the value of the forest damage, as
assessed by the Forest Officer, exceeds one hundred thousand rupees; (b) where an accused has been previously
convicted of an offence valuing fifty thousand rupees or more; and (c)
where an accused puts a lawful
authority in fear of any injury or causes hurt, or grievous hurt, or assaults,
or threatens lawful authority or uses criminal force or commits criminal
intimidation against any Forest Officer or Police Officer. (2) The Forest Magistrate shall, in passing
sentence thereunder,- (a) take into account the extent and
duration of the contravention or failure constituting the offence, and the
attendant circumstances; provided that where the value of the forest damage,
timber or forest produce in respect of which the offence has been committed
exceeds ten thousand rupees, as assessed by the Forest Officer, the sentence
imposed shall be imprisonment of not less than three months or fine of not less
than ten thousand rupees, or both; (b) order confiscation and restoration to
the Government of all timber, or any other forest produce in respect of which
the offence has been committed; (c) order confiscation, in favour of the Government of all
implements, tools, equipment, carts, carriages, wagons, mechanically propelled
vehicles, pack animals, sawing units, power saws, chain saws, arms and
ammunition, or vessels, or any other kind of conveyances used in the
commission, abetment or furtherance of the offence adjudicated and seized under
section 77 where value of the forest damage, timber and forest produce as
assessed by the Forest Officer exceeds thirty thousand rupees: Provided that when the
offender is not known or cannot be found, the Forest Magistrate may, if he
finds that an offence has been committed, order the property in respect of
which the offence has been committed to be confiscated and taken charge of by
the Forest Officer: Provided further that no
such order shall be passed until the expiration of one month from the date of
seizure of such property, or without hearing the person, if any, claiming any
right thereto, and the evidence, if any, which such person may produce in
support of the claim; (d) where he is satisfied that as a result of
the commission of the offence monetary benefits have accrued to the offender,
order the offender to pay an additional fine, which shall not be less than the amount of the monetary benefits that have
accrued to the offender; (e) order the offender, where practicable to
repair the damage to the reserved forest, protected forest, guzara forest, or
wasteland or any other movable and immovable property of the Department caused
by him by restoring it to the condition existing prior to the commission of the
offence, or as close to such condition as may be reasonable in the
circumstances, to the satisfaction of the Forest officer; (f) order, where appropriate, that out of
the fines paid by the offender, an amount by way of compensation be paid to any
person who has suffered damages to his person or property as a result of the
act of offender in commission of the offence, or an amount by way of reward not
exceeding three-fourth of the amount of fine so realised by court to be paid to
any person who has seized the case property or has in any way assisted in
apprehending the offender, or property, or detecting the offence within the
meaning of section 89 or has furnished information under section 90 leading to
conviction of the offender; (g) order an offender who has been convicted
for clearing or breaking up for cultivation or any other purpose any land in a
reserved forest or protected forest, to deliver the possession of the same to the
Forest Officer and to remove any encroachment thereon within thirty days,
failing which he may be ordered to be ejected therefrom and the encroachment
removed or demolished with such force as may be necessary, and in such manner
as may be prescribed or ordered; provided that if such forest is being managed
by a community- based organization or a village-based organization under
section 101 or a Joint Forest Management Committee under section 102,
possession will be delivered to the said organization or Committee and
encroachment removed and demolished with such force as may be necessary. (3) Any offender under this section who is
found to have been previously convicted under this Ordinance or rules made
thereunder or the enactments repealed under this Ordinance shall be punished
with imprisonment which may extend to three years and a fine which may extend
to fifty thousand rupees, or with both, in addition to any other punishment
which may be awarded under this Ordinance. (4) In all cases of illicit cultivation in
any reserved forest, protected forest, guzara forest, protected wasteland, and
other protected areas irrespective of the fact whether any punishment has been
awarded to the offender or not, the Forest Officer may demarcate the land so
cultivated and may suspend the exercise of all rights in such land for a period
as may be necessary for the reproduction of any tree or turf that may have been
destroyed. (5) Where the offence under this section is committed after the
sunset and before the sun-rise or when the offender causes hindrance in the
performance of lawful duties or to lawful authority or threatens lawful
authority during enforcement of this Ordinance or rules made thereunder or has
been previously convicted of a like offence, he may be inflicted with double
the penalties specified above. 86. Removal
of encroachments, etc., from reserved forests, protected forests and
wastelands.---(1)
A Court convicting an accused person of an offence under section 26, section 33
and section 45 shall direct the accused, if he or any other person on his
behalf be in possession of the land in respect of which he is convicted, to
deliver possession of the same within such period not exceeding thirty days, or
as the Court may fix in this behalf, to the Forest Officer, and to remove
within the said period any encroachments which the accused may have put up or
erected on such land. (2) Any
accused person directed by a Court under sub-section (1) to deliver possession
of land in a reserved forest, protected forest or a protected wasteland to the
Forest Officer or to remove therefrom any encroachment made by him, who fails
so to deliver the land or to remove the encroachment, within the period
specified by the court,- (a)
may, by order of the Court, be ejected from such land,
and any encroachment made by him on such land, may be removed or demolished
with such force as may be necessary; or in such manner as may be prescribed, or
ordered ; and (b)
shall also be liable to a fine which shall not be less
than five hundred rupees and may extend to one thousand rupees per kanal, for
every day, or imprisonment which shall not be less than five days, and may
extend to ten days for every day of illegal occupation, or both, after the period
fixed by the Court under the provisions of sub-section (1) has expired, that he
remains in possession or occupation of the land in respect of which he has been
convicted or fails to demolish or remove the encroachment on such land; and
that the cost of demolition or removal of structure shall be recovered as
arrears of land revenue from the person from whose possession the encroachment
of the reserve forest has been vacated or in default shall be punishable with
imprisonment which shall not be less than one month and may extend to six
months. 87. Forest Officers and Police Officers
who are authorised to demolish and remove any encroachment or unauthorised
building or structure.---The Chief Conservator of Forests,
Conservators of Forests, Divisional Forest Officers and Range Forest Officers
in Province and all Police Officers of the rank of Inspector and above within
their respective jurisdictions are authorised to enter upon Government land,
reserved forest, or protected forest or any Government building in charge of,
or under control of the Forest Department which the lessee, licensee,
encroacher, or unauthorised occupant, as the case may be, has failed or refused
to vacate, either by order of the court or by order of the Forest Officer
competent to issue such order, and to recover the possession of such land or
building by evicting the lessee, licensee, encroacher, or unauthorised occupant, as the case may be,
and to demolish or remove any structure un-authorisedly erected or built on
such land by the lessee, licensee or un-authorised occupant by using such force
as may be necessary in the circumstances. 88. Five or more persons conjointly
committing or attempting to commit a forest offence by putting a lawful
authority in fear of any injury or causing hurt.---(1) When five or
more persons conjointly commit or attempt to commit a forest offence, valuing
rupees thirty thousand or more, as assessed by Forest Officer, by putting a lawful
authority in fear of any injury or during the commission of any offence,
whoever causes hurt or grievous hurt or assaults or threatens lawful authority
or wrongfully restrains or uses criminal force or commits criminal intimidation
against any Forest Officer or Police Officer (these words shall be deemed to
have the meaning respectively attributed to them by Pakistan Penal Code, Act
No. XLV of 1860), or whoever abets in commission or furtherance of such
offence, shall be punishable with imprisonment which shall not be less than six
months and may extend to seven years, or with fine, which shall not be less
than twenty thousand rupees and may extend to one hundred thousand rupees, or
with both, and that all tools and implements, mechanically propelled vehicles,
pack animals, equipment, sawing unit, power saw, arms and ammunition or any
other kind of conveyances used in the commission, abetment or furtherance of
the offence adjudicated shall be confiscated in favour of Government and that
all forest produce illicitly obtained or removed shall be restored to the
Government. (2) All the offences mentioned in subsection (1) shall be
non-bailable and non-compoundable. 89. Power to prevent commission of
offence.---Every
Forest Officer, Police Officer, or village forest officer shall prevent, and
may interfere for the purpose of preventing the commission of any forest
offence. 90. Persons bound to inform and assist
Forest Officers, etc.---(1) Every person having any right in a
reserved forest, protected forest, guzara forest, wasteland, or any forest land
which have been placed under the management of a Forest Officer, every person
employed by such person therein, and every person in any village contiguous
thereto who is employed by Government, shall be bound- (a) to furnish without unnecessary delay to
the nearest Forest Officer, Police Officer or village forest officer, or
concerned community-based organization, village-based organization or Joint
Forest Management Committee, any information he may possess regarding the
commission of, or intention to commit, any forest offence; (b) to forthwith take steps,- (i) to extinguish any fire occurring in
such reserved forest, protected forest, guzara forest or wasteland; (ii) to prevent any fire in the vicinity of such
forest or wasteland from spreading thereto; (c) to
assist any Forest Officer, Police Officer, village forest officer, community-
based organization, village-based organization or Joint Forest Management
Committee,- (i) in preventing the commission of any
forest offence therein; (ii) in discovering and arresting the
offender when there is reason to believe that a forest offence has been
committed and in apprehending the timber, forest produce or case property and
in taking into possession the same under superdnama. (2) Any person who, being bound so to do,
without lawful excuse fails: (a)
to furnish without unnecessary
delay any information as required by clause (a) of sub-section (1); (b)
to take steps as required by
clause (b) of sub-section (1); or (c)
to assist as required by clause
(c) of sub-section (1), shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to ten thousand rupees, or with both. 91. Seizure of cattle found trespassing.---(1) Any Forest
Officer or Police Officer may seize and impound any cattle found trespassing in
a reserved forest, or in any portion of a protected forest, or any protected
wasteland, or any other forest area which has been lawfully closed to grazing. (2) When a cattle under sub-section (1) is
impounded, it shall, subject to sub-section (3), be governed by the provisions
of the Cattle Trespass Act, 1871 (I of 1871). (3) Government may, by notification, direct
that in lieu of the fines fixed under section 12 of the Cattle Trespass Act,
1871 (I of 1871), there shall be levied for each head of cattle impounded under
sub-section (1) such fines as it considers fit, but the fine shall not exceed
one-tenth of the fair market average sale value of each head of cattle. 92. Bar of jurisdiction.—Except as provided in section 93, no Civil Court shall exercise jurisdiction
over any of the matters relating to the implementation of this Ordinance or
rules made thereunder. 93. Jurisdiction of Forest Magistrates.---(1) All offence
cases punishable under this Ordinance and rules made thereunder shall be tribal
exclusively by the Forest Magistrate or in his absence by a Magistrate of First
class duly empowered by the District and Sessions Judge concerned. (2) A Forest Magistrate shall not take
cognisance of an offence triable under sub-section (1), except on a complaint
in writing by the concerned Forest Officer, or by the concerned community-based
organization, village-based organization or the Joint Forest Management Committee.
94. Powers to try offences summarily.---(1) All
offences under this Ordinance or rules made thereunder shall be tried summarily
in accordance with the provisions of the code of Criminal Procedure, 1998 (V
of 1898). (2) A Court taking cognisance of an offence
under this Ordinance or rules made there-under, may direct a Forest Officer of
the area to serve summons on the accused person to appear before the Court on a
given date. In case of refusal or non-compliance by the accused, the Court shall
direct the police of the concerned police station to serve a warrant on the
accused and produce him before the Court on the given date. 95. Burden of proof as to lawful
authority, etc.---When
any person is alleged to have committed an offence under this Ordinance and any
question arises whether he did any act or was in possession of anything with
lawful authority or under a permit, licence or other document prescribed by or
under any law for the time being in force, the burden of proving that he had such
authority, permit, licence or other documents shall lie on him. 96. Prosecution of forest offence cases.---When an
accused does not request for compounding an offence or the Forest Officer
refuses to compound an offence, the Range Forest Officer shall prepare a
challan as prescribed and forward the same to the Divisional Forest Officer who
after scrutiny, if considers fit, will forward the case to the court concerned
for prosecution. 97. Appeals from orders of Forest
Magistrates.---(1)Any
person or the Forest Officer aggrieved by an acquittal order or sentence passed
by the Forest Magistrate under this Ordinance or the rules made thereunder may,
within thirty days of communication of such order or sentence, appeal to the
Court of District and Sessions Judge concerned. (2)
The appeal against the decision
of the District and Sessions Judge shall lie with the High Court having
jurisdiction and final appeal shall be made before the Supreme Court of
Pakistan. CHAPTER-XII THE FOREST
MANAGEMENT 98. Forest management plans.---(1) All reserved forests, protected forests,
guzara forests, wastelands, and other forests placed under the management of a
Forest Officer, including village forests, areas under Joint Forest Management
under section 38 and areas leased out under section 105, shall be managed in
accordance with the provincial forest policy, strategic management plans/forest
management plans, operational plans and village plans duly approved by the
Department or an officer authorized by the Department for this purpose. (2) Where such management plans do not
already exist, they shall be prepared as expeditiously as possible and updated
regularly under the direction of the Department and with such involvement of
local communities and interested parties as may be possible. (3) In the case of reserved forests, the
forests management plan shall emphasize in particular the protection,
conservation, management and sustainable development of forest and protection
of watersheds, the promotion of eco-tourism, recreation, education and
research, and consistent with these objectives, the commercial harvesting of
timber and other forest produce. (4) In the case of protected forests, guzara
forests, waste-lands, and other forests placed under the management of Forest
Officer, the forest management plan shall emphasise in particular the
sustainable production of timber and other forest produce for meeting the
domestic requirements of the village communities and commercial harvesting;
provided that in case of wastelands, the domestic requirements of land-owners
and right-holders shall be given priority. (5) Every forest management plan shall- (a)
include a description of the
forests and other natural resources in the areas covered thereunder, an
analysis of the rate at which these resources can be sustainably used and
harvested, a detailed listing of the measures proposed for their sustainable
management, regeneration, development, and provide for conservation of
biological diversity and estimates of the funds required for the effective
implementation of the plan, showing expected contributions from beneficiaries
for meeting the costs of management; (b) provide for appropriate production and
security of goods and services, at the optimum level, while continually improving
the productivity of forest and safeguarding the national concerns regarding
forests and forestry; and (c)
take into account, as far as
possible, the village land use planning process. (6) Government may prescribe procedure for
preparation of management plans, including guidelines for sharing of the costs
of preparation of management plans by interested parties. 99. Duties and responsibilities of
Government.---(1)
Government, assisted by the interested parties, shall be responsible for the
protection, conservation, management and sustainable development of reserved
forests, protected forests, guzara forests, wastelands and any other forests
which may have been placed under the management of a Forest Officer. (2) Government shall ensure that its laws,
policies, orders, measures and actions promote the objectives outlined in
sub-section (1). (3) Government shall facilitate the
participation of village communities and interested parties in the sustainable
development of forests and wastelands, and will make efforts to encourage women
to participate in the management process. (4) In discharging its duties and
responsibilities under sub-sections (1), (2) and (3), Government shall, as far
as possible and practicable, act upon the advice and guidance of the Forestry
Commission. 100. Restrictions on commercial harvesting of
timber.---(1)
No forest shall be subjected to commercial harvesting, except with permission
in writing by the Divisional Forest Officer in accordance with approved
management plan or regeneration scheme, and subject to such conditions,
including payment of fees and duties as Government may, from time to time,
notify in the Official Gazette. (2) The management plan or regeneration
scheme mentioned in sub-section (1) shall,- (a) be supported by proof of availability of
adequate funds for implementation purposes from the Forest Development Fund or
other sources; (b) ensure the participation and assistance
of communities in the regeneration of the cut over areas, particularly owners,
right holders, users, and women as far as possible or practicable; (c) include adequate measures and assistance
of interested parties for protection against grazing and pasturing, or illicit
removal of timber and forest produce; (d) provide for mitigatory measures to
alleviate hardship caused from closure of regeneration areas to particular
segment of society like woman or nomads as a result of such closure. (3) Where the progress of regeneration in
the area set aside for the said purpose is considered unsatisfactory, the
Forest Officer may, after giving the grantee of the permission an opportunity
of being heard, withdraw the said permission, whereupon the grantee shall cease
the harvesting operations forthwith. 101. Community
forest.---(1) The
Divisional Forest Officer may assign to any village forest community, village
organization, Joint Forest Management Committee constituted in the prescribed
manner all or any of its rights of management over any protected forest, guzara
forests, and protected wasteland, and may cancel such assignment, or such
agreement, as the case may be, if he is of the opinion that such revocation is
in the interest of forest conservancy. All forests so assigned shall be called
community forest. (2) The
situation and limits of such forest or land shall be specified, as nearly as
possible, by well-known and permanent boundary pillars and proper map shall be
prepared and maintained of such forest. (3) Government
may, for the purpose of this section, make rules for regulating the management
of community forests, prescribing the conditions under which the community to
which any such assignment is made may be provided with timber or other forest
produce or permission to pasture be granted, and their duties, liabilities and
obligations for the protection, management and sustainable development of such
forest be clearly defined. (4) No
assignment under sub-section (1) shall be cancelled or modified by Forest
Officer unless the Village Forest Committee, or Joint Forest Management
Committee concerned has been given an opportunity of being heard. In case there
is a disagreement, the Forest Officer shall record his reasons for
cancellation. 102. Joint forest management.---(1)Subject to
the provisions of sections 98 and 99, the Forest Officer may, where he
considers appropriate, manage protected forests, reserved forest, guzara
forest, wastelands, mazri-growing tracts and other forests which have been
placed under the management of a Divisional Forest Officer, with the help and
participation of community-based organizations, village-based organizations,
village development committees or any group of persons representing such
organisations, constituted in a
prescribed manner, in accordance with such procedure, and on such terms and
conditions, as may be deemed fit. (2) For purposes of sub-section (1), the
Forest Officer may enter into agreements for joint management of the forests
mentioned therein, which may provide, among other matters, for establishment of
Joint Forest Management Committees comprising representatives of the concerned
organisations and staff of the Forest Department. (3) Forest Officer may revoke any such
management or agreement, as the case may be, if he is of the opinion that such
revocation is in the interest of forest conservancy. (4) No revocation shall be ordered under
sub-section (3), unless the concerned organisation is given an opportunity of
being heard, and in case of disagreement the Forest Officer shall record his
reasons for revocation. 103.
Appointment of village forest
officers and issue of management orders.---(1) The
Divisional Forest Officer may appoint village forest officers for sustainable
management of reserved forest, protected forest, village forest, or wasteland
and may issue general or special management orders to such officers for the
prohibition of the cutting, felling, removing of timber or forest produce,
debarking, boring, girdling, or otherwise injuring of trees or brushwood, or
clearing of land for cultivation, building or road construction, or any other
infrastructure, or lopping of trees or brushwood in such lands, and for the
regulation of any timber or forest produce for village requirements. (2) In case
of any contravention of orders issued under sub-section (1), the Divisional
Forest Officer may direct that no trees be felled, or any forest produce be
removed from such lands without his prior permission in writing or of such
officials as may be authorised by him in this behalf, and if permission to sell
forest produce or brushwood has been accorded, he may withdraw such permission. 104. Forest Development Fund.---(1) To ensure
adequate and timely availability of funds for implementing the forest
management plans with specific reference to ensuring forest regeneration, or
forest development schemes, Government shall establish a Forest Development
Fund. (2) There shall be credited to the Fund- (a) an initial amount of Rs. 50 million from
the existing cash reserves of [17][Khyber Pakhtunkhwa] Forest Development Corporation
(FDC) plus 70% of its pre-taxed profit each year; (b) timber surcharge on commercial timber
harvesting and sale from reserved forests, protected forests, guzara forests,
protected wastelands, and other forest areas as notified by Government at the
following rates:
(c) managerial charges levied by Government
on the management of various types of forest; (d) seigniorage fee recovered
from landowners and right holders; (e) all fines imposed by the Forest
Magistrate in forest offence cases; and (f)
any other source notified by
Government. (3) The Fund shall be managed in the
prescribed manner. (4) The Fund shall be utilised in accordance
with such procedure as may be prescribed for- (a) raising forest nurseries; (b) forestation in the cut-over areas if
warranted by silviculture principles and
in the blank areas of forests; (c) range management; and (d) any other purpose which will help realize
the objectives set out in sub-section (1) above. 105. Power to lease out forests.---(1) The Forest
Department may, where it considers appropriate, lease out the whole or any
portion of a reserved forest, protected forest, wasteland, or other forest
placed under the management of a Forest Officer, for the following purposes- (a) to plant trees, and increase production
of forest produce; (b) to implement agro-forestry and social
forestry schemes for the benefit of the local communities; (c) to operate farms for breeding of
wildlife and conservation of biodiversity and nature reserves subject to any
law for the time being in force: Provided that for the
achievement of above purposes, no activities shall be allowed which are
inconsistent with the principles of forest conservancy and sustainable
management or prejudicial to the rights and concession of the local
communities. (2) Lease under sub-section (1) shall be
granted in such manner and on such terms and conditions, as may be prescribed. (3) Department
may cancel or modify such leases, as the case may be, if it is of opinion that
such cancellation or modification is in the interest of forest conservancy. (4) No such
cancellation or modification shall be ordered unless the leaseholder has been
given an opportunity of being heard. 106. Strengthening of legal services.---(1) The
Department may, in consultation with Law, Parliamentary Affairs and Human
Rights Department, engage as many lawyers as forest standing counsels, as may
be deemed fit for effective defence and pleading of the civil suits, criminal
cases and appeals of civil/criminal cases filed by or against the Department or
any Forest Officer. (2)
For the purpose of sub-section
(1), the Department shall make appropriate budgetary provisions. CHAPTER – XIII THE FOREST
OFFICERS, POWERS AND OBLIGATIONS 107. Conferment of certain powers on Forest
Officers.---(1)
Government may invest any Forest Officer,
with all or any of the following powers- (a)
power to enter upon any land and
to survey, demarcate and make its map; (b)
power to hold inquiry into forest
offences, and in the course of such inquiry, to receive and record statements
and put up challans; (c)
power of a civil court to compel
the attendance of witnesses and the production of documents and material
objects; (d)
power to issue a search-warrant
under the Code of Criminal Procedure 1898; and
(e)
power to use force as may be
necessary in the circumstances to check and examine any timber or forest
produce, to apprehend unlawfully obtained or removed timber or forest produce,
or to apprehend any person, vessel or conveyance used in the commission or
furtherance of forest offence, or to remove encroachments from Government
property or demolish any unauthorised building erected on Government land. (2) Any statement recorded under clause (b)
of sub-section (1) shall be admissible in any subsequent trial before a Forest
Magistrate or Court provided that it has been taken in the presence of the
accused person. 108. Powers to arrest without warrant.---(1)
A Forest Officer or Police Officer may without order from a magistrate
and without a warrant, arrest any person who is committing an offence within
his sight or against whom a reasonable suspicion exists of his having been
concerned in any forest offence, punishable with imprisonment for one month or
more. (2) Every
officer making an arrest under this section shall, without unnecessary delay
and subject to the provisions of this Ordinance as to release on bond, take or
send the person arrested before the magistrate having jurisdiction in the case,
or to the officer incharge of the nearest police station. 109. Forest Officers deemed public servants.---All Forest
Officers shall be deemed to be public servants within the meaning of section 21
of the Pakistan Penal Code, 1860 (Act XLV of 1860). 110. Compounding of offences and payment of
compensation.---(1)
A Forest Officer not below the rank of Divisional Forest Officer, on the
application of the accused, may compound a forest offence in accordance with
such procedure as may be prescribed. (2) Subject to rules, a Forest Officer not
below the rank of Range Forest Officer in this behalf may- (a) accept from any person against whom a
reasonable suspicion exists that he has committed a forest offence other than
an offence specified in section 84, section 86 and section 88, (b) release any property seized as liable to
confiscation under clause (a) or (b) of
sub-section (1) of section 77, on payment of the value thereof including
compensation for timber or forest produce, notified by Government. 111. Indemnity for acts done in the good
faith.---
No suit, prosecution or other legal proceedings shall lie against Government,
the Forest Officers and other employees, experts, advisors, committees or
consultants of the Department, the Forest Magistrate or any other person for
anything which is done or intended to be done in good faith under this Ordinance or the rules made
thereunder. 112. Forest Officers not to trade.---Except with the
permission in writing of the Department, no Forest Officer shall, as principal
or agent, trade in timber or other forest produce, or be or become interested
in any lease of any forest or in any contract for management of any forest or
wastelands, within or outside Province. 113. Penalties for breach of rules.---Any person
contravening any rule made under this Ordinance, for the contravention of which
no special penalty is provided shall be punishable with imprisonment for a term
which may extend to six months or with fine which may extend to twenty thousand
rupees, or with both. 114. Rules when to have force of law.---All rules
made by Government under this Ordinance shall be published in the Official Gazette,
and shall there upon, so far as they are consistent with this Ordinance, have
effect as if enacted therein. CHAPTER – XIV MISCELLANEOUS 115. Powers to make rules.---(1) Government may, make rules- (a)
to prescribe and limit the powers
and duties of any Forest Officer under this Ordinance; (b)
to regulate the rewards not
exceeding three-fourth of the amount recovered from offenders and realised from
case property and out of the proceeds of fines, confiscation, appropriation,
compensation and other sums received to be paid to officers, officials,
informers, helpers under this Ordinance; (c)
for the preservation,
reproduction and disposal of trees and timber belonging to Government, or grown
on lands belonging to or in the occupation of private persons; (d) to prescribe procedures for issue of
permits for cutting of trees or brushwood growing in reserved, protected and
guzara forests or wastelands; (e) to provide guidelines for preparation of
management plans for any forest, guzara forest, wasteland, reserved forests,
and protected forests; (f) to prescribe procedures for
disbursements from the Forest Development Fund; (g) to prescribe procedures for constitution
of community-based organizations, village-based organizations and their duties,
powers and obligations; (h) to regulate the management of village
forests or community forests including provision of incentives to village
communities, delegation of duties and obligations to them, and the imposition
of fine as joint liability on villagers in case of their wilful gross
negligence, mismanagement and forest damage; (i) to prescribe procedures and terms and
conditions for joint forest management; (j) to prescribe the manner and terms and
conditions for grant of leases of forests compatible with the principles and
objectives set out in section 3 of this Ordinance; (k) to prescribe procedures for eviction or
ejectment of offenders, removal and demolition of encroachments, enclosures,
buildings or other infrastructures; (l) to prescribe procedure for compounding
of forest offences; (m) to provide for the compensation to be paid to
the forest officers, officials, functionaries and helpers in case of death,
injury or other physical and financial damages sustained by them in the course
of duty; and (n) generally
to carry out the purposes of this Ordinance. 116. Dues recoverable as arrears of land
revenue.--- All
moneys payable to Government under this Ordinance or the rules made thereunder,
or on account of the price of any timber or forest produce, or of expenses
incurred in the execution of this Ordinance in respect of such timber or forest
produce, or on any other account may, if not paid when due, shall be
recoverable as arrears of land revenue. 117. Lien on forest produce for such money.--- (1) When any
money is payable for or in respect of any forest produce, the amount thereof
shall be deemed to be a first charge on such timber or forest produce, and such
timber or forest produce may be taken possession of by a Forest Officer until such amount has
been paid. (2) If such
amount is not paid when due, the Forest Officer may sell such timber or forest
produce by public auction, and the proceeds of the sale shall be applied first
in discharging such amount. (3)
The surplus, if any, not claimed
within two months from the date of such sale, shall be forfeited to Government.
118. Acquisition of Land.---Whenever it
appears to Government that any land is required for any of the purposes of this
Ordinance, such land shall be deemed to be needed for a public purpose within
the meaning of section 4 of the Land Acquisition Act, 1894. 119. Recovery of penalties due under bond.---When any
person, in accordance with any provision of this Ordinance, or in compliance
with any rules made thereunder, binds himself by any bond or instrument to
perform any duty or act, or covenants by any bond or instrument that he, or
that he and his servants and agents will abstain from any act, the whole sum
mentioned in such bond or instrument as the amount to be paid in case of a
breach of the conditions thereof may, notwithstanding anything in section 74 of
the Contract Act, 1872, be recovered from him in case of such breach as if it
were an arrears of land revenue. 120. Repeals and savings.---(1) The following enactments are hereby repealed: 1.
The Forest Act, 1927 (Act No. XVI
of 1927), in its application to the Khyber Pakhtunkhwa. 2.
The Hazara Forest Act, 1936 (Act
VI of 1937). 3. The Kohat Mazri Control Act, 1953 (Act
No. III of 1954). 4. The North-West Frontier Province (Sale
and Sawing of Timber) Act, 1996 (N.-W.F.P. Act XIX of 1996). (2) Notwithstanding
the repeal of the enactments mentioned above, any appointments made, orders
passed, notifications issued, rules made, contracts entered into, proceedings
commenced, rights acquired, liabilities incurred, penalties, rates, fees or
charges levied, forfeitures made, things done or action taken under any of the
provisions of the repealed enactments shall, so far as they are not
inconsistent with the provisions of this Ordinance, be deemed to have been
respectively made, passed, issued, entered into, commenced, acquired, incurred,
done, taken or levied under this Ordinance. 121.
Removal of difficulties, disposal of pending cases and constitution
of Special Courts.---If any difficulty arises in giving effect to any
of the provisions of this Ordinance, Government may make such orders, not
inconsistent with the provisions of this Ordinance, as may appear to it to be
necessary for the purpose of removing such difficulty disposal of pending cases
and constitution of Special Courts. SCHEDULE – I OF
SECTIONS 2(46), 26(1)(f), 30(1)(a), 33(2)(e),
36(3)(d), 44(c), 48(1), 56(3). LIST OF
PROTECTED TREES WHEN FOUND IN RESERVED FORESTS, PROTECTED
FORESTS AND PROTECTED WASTELANDS AND FOR LEVY OF
DUTY.
SCHEDULE-II, OF
SECTION 55(3). LIST OF
SEIGNIORAGE FEES FOR RESERVED FORESTS AND PROTECTED
WASTELANDS IN HAZARA
[1]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [2]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [3]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [4]Substituted vide Khyber
Pakhtunkhwa Act No. IV of 2011 [5]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [6]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [7]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [8]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [9]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [10]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [11]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [12]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [13]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [14]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [15]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [16]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [17]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 [18]Substituted vide
Khyber Pakhtunkhwa Act No. IV of 2011 |