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Union of India - Section

Section 33 in Indian Forest Act, 1927

33. Penalties for acts in contravention of notification under section 30 or of rules under section 32.

(1)Any person who commits any of the following offences, namely:
(a)fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree;
(b)contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal or collects, subjects to any manufacturing process, or removes any forest-produce;
(c)contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest;
(d)sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest;
(e)leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;
(f)fells any tree or drags any timber so as to damage any tree reserved as aforesaid;
(g)permits cattle to damage any such tree;
(h)infringes any rule made under section 32;
shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2)Whenever fire is caused wilfully or by gross negligence in a protected forest, the "State Government" [[Substituted byA.O.1950, for "Provincial Government.]] may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.
[Bihar".- In its application to the State of Bihar, in Section 33,(i) sub-S. (1), for the words shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both, substitute shall be punishable with imprisonment for a minimum term of six months which may extend to two years or with minimum fine of one hundred rupees which may extend to five thousand rupees or with both. The offence under this section shall be cognizable and non-bailable.Bihar Act 9 of 1990, Section 3 (w.e.f. 10-9-1990).(ii) for sub-S. (2), substitute the following sub-section, namely:(2) Whenever in a protected forest(a) fire is caused wilfully or by gross negligence, or(b) theft of forest-produce occurs and such theft is, in the opinion of the State Government, on such a scale as to be likely to imperil the future yield of such forest, the State Government may, notwithstanding that any penalty has been inflicted under this section or under any other law for any act referred to in clause (a) or clause (b), direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended,(i) in the circumstances mentioned in clause (a), for such period as it thinks fit,(ii) in the circumstances mentioned in clause (b), for a period not exceeding four years.Bihar and Orissa Act 9 of 1935, Section 3 (w.e.f. 23-10-1935).[Gujarat].- In its application to the State of Gujarat, in Section 33, after sub-S. (2), insert the following new section, namely:(3) When a person is convicted of an offence under sub-section (1),(a) a Forest Officer not below the rank of a Ranger, or(b) a Police Officer not below the rank of a Sub-Inspector, or(c) a Revenue Officer not below the rank of a Mahalkari, may evict him from the protected forest in relation to which he has committed the offence.Gujarat Act 15 of 1960, Section 6 (w.e.f. 8-12-1960).[Haryana].- In its application to the State of Haryana, in Section 33, sub-S. (1), for the words which may extend to six months, or with fine which may extend to five hundred rupees, substitute which may extend to one year, or with a fine which may extend to one thousand rupees.Haryana Act 31 of 1973, Section 3 (w.e.f. 10-7-1973).[Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 33, for the words six months and five hundred, substitute two years and five thousand, respectively.H.P. Act 15 of 1991, Section 3 (w.e.f. 24-7-1991).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 33, sub-S. (1),(i) in Cl. (a), for the words any such tree, substitute any such tree or forest-produce;(ii) for Cl. (c), substitute the following clause, namely:(c) contrary to any prohibition under section 30, clears or breaks up any land for cultivation or for any other purpose, or cultivates or attempts to cultivate any land in any other manner in any protected forest.(iii) in Cl. (f), for the word drags, substitute removes; and(iv) for the words extends to six months or with fine which may extend to five hundred rupees, substitute extend to one year or with fine which may extend to one thousand rupees.M.P. Act 9 of 1965, Section 5 (w.e.f. 20-3-1965).[Maharashtra].- (i) Same as in Gujarat except that in Cl. (c) after the word Mahalkari add or Tehsildar.Maharashtra Act 6 of 1961, Section 8 (w.e.f. 3-2-1961).(ii) In Section 33 in sub-S. (1), for the words six months or with fine which may extend to five hundred rupees, substitute one year or with fine which may extend to two hundred rupees.Maharashtra Act 7 of 1985, Section 5 (w.e.f. 1-6-1985).[Uttaranchal].- In its application to the State of Uttaranchal, in Section 33, sub-S. (1),(i) in Cl. (c), after the words or clears, insert or, attempts to break-up or clear;(ii) in Cl. (f), for the word drags, substitute removes;(iii) for the words six months, or with fine which may extend to five hundred rupees, or with both, substitute two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.Uttaranchal Act 10 of 2002, Section 4.[Uttar Pradesh].- In its application to the State of Uttar Pradesh, in Section 33, sub-S. (1),(i) in Cl. (c), after the words or clears, insert or, attempts to break-up or clear;(ii) in Cl. (f), for the word drags, substitute removes;(iii) for the words six months or with fine which may extend to five hundred rupees, or with both, substitute two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees.U.P. Act 1 of 2001, Section 4 (w.e.f. 16-4-2001).[West Bengal].- In its application to the State of West Bengal, in Section 33,(a) in sub-S. (1), for the words six months, or with fine which may extend to five hundred rupees, substitute one year, or with fine which may extend to one thousand rupees;(b) after sub-S. (1), insert the following sub-section, namely:(1-A) The Forest Officer may, notwithstanding any penalty inflicted under this section, evict from any land in any protected forest any person who, contrary to any prohi-bition under section 30, clears or breaks up such land for cultivation or for any other purposes.W.B. Act 22 of 1988, Section 4 (w.e.f. 3-2-1989).