Section 36 in Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988
36. Protection of forest or land for special purposes.
(1)The Government may, by notification,(a)regulate or prohibit in any forest(i)the breaking up or clearing of any land;(ii)the pasturing of cattle;(iii)the firing or clearing of vegetation;(iv)the girdling, tapping or burning of any trees or stripping off bark or leaves of any trees;(v)the lopping or pollarding of any trees;(vi)cutting, sawing, conversion and removal of trees and timber;(vii)the quarrying of stones or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manufacturing processes;(b)regulate in any forest the regeneration of forest and their protection from. fire;(c)regulate the exercise of customary and prescriptive rights in such forests.(2)When protection of forest or land referred to in subsection (1) of section 34 appears to be necessary. the Government may, by notification, provide(a)for conservation of trees and forests;(b)for the preservation, improvement of soil or the reclamation of saline or water logged land, the prevention of land slips or formation of ravines or torrents or the protection of land against erosion or the deposit therein of sand stones, gravels or minerals;(c)for the improvement of grazing;(d)for the maintenance of water supply and springs, rivers and tracks;(e)for the protection against storms, winds, rolling stones, floods and avalanches;(f)for the protection of roads, bridges, and other lines of communications.(3)No notification shall be made under sub-section (1) nor shall any work be commenced under sub-section (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be issued or work commenced, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by any officer duly appointed on that behalf by the Government.
