Section 6A in Management and Working of the Forests
6A. [ Instructions in connection with the Indian Forest (B. & O. Amendment) Act, 1935 regarding suspension of rights of pasture or to forest produce. [Inserted vide C.S. No. 15 dated 9.7.1938.]
- The following instruction are issued in connection with sub-section (3) of Section 26 and sub-section (2) of Section 33 of the Indian Forest Act, 1927, as Amended by the Bihar and Orissa Amendment Act of 1935.(a)The District Officer should cause to be distributed to each village in which the tenants have any right in reserved or protected forests a copy of the following notice, in Hindi:-"It has come to the notice of the Government that in some reserved and protected forest theft of forest produce and illicit felling of trees is going on to such an extent that it is becoming difficult to save those forests from destruction. It has, therefore, been found necessary to amend the law to empower Government to check such theft. In future, if theft of forest produce occurs within a reserved or protected forest and if such theft seems to be likely to imperil the future yield of the forest, Government may order that all rights to pasture or to forest produce in that forest shall be suspended for a period up to 4 years. It is the duty of the villagers of.... to do what they can to prevent such thefts and to report to the authorities any case of theft which may come to their notice. If this is done, it is hoped that it will never become necessary to take the step of suspending rights in the forest".(b)The Divisional Forest Officer will carry out a special annual inspection of one-fifth of the total area of forest in each felling series and will send a written report to the District Officer, with a copy to the Conservator of Forests, stating the extent to which in his opinion theft of forest produce has gone on. He should state also the number of cases of theft by-(i)right-holders, and(ii)non-right holders, in the felling series concerned reported during the year preceding his inspection. If the Divisional Forest Officer is of opinion that theft has been going on in a considerable scale, he should support his opinion by reference to the observations made by him on the spot. If the Divisional Forest Officer is of opinion that rights should be suspended, he should give full reasons for that opinion.(c)On receipt of a copy of a report from the Divisional Forest Officer recommending that rights should be suspended, the Conservator of Forests will send his opinion on the recommendation to the District Officer.(d)If the District Officer, after considering the report of the Divisional Forest Officer is of opinion that theft of forest produce has been going on in a considerable scale, he may issue a warning to the right-holders of the forest concerned.(e)On receipt of a recommendation of the Divisional Forest Officer that rights in a forest be suspended and of the opinion of the Conservator of Forests on that recommendation, the District Officer should hold or cause the Subdivisional Officer to hold a local enquiry into the matter. After considering the results of that enquiry the District Officer should submit his report and recommendation to the Commissioner, who should forward it to the State Government with his recommendations. [Government of the Bihar Revenue Department Letter No. 3690- III-132-R. dated - 9-4-1936.]
