94. Powers to regulate control and Management of forest growth.
(1)The State Government may, with a view to preventing deforestation, make rules regulating the control and management of the forest-growth on the lands of any estate or village and the exercise of any right of user over such forest-growth and may attach to the breach of such rules a penalty not exceeding one thousand rupees or, if the breach be a continuing one, a penalty not exceeding fifty rupees for each day during which such breach continues :Provided that the penalty prescribed in the rules shall be imposed only by a criminal court of competent jurisdiction.(2)Such Court may direct that the whole or and part of any sum recovered under the rules made under sub-section (1) shall be paid as compensation to any person or persons to whom loss or injury has been caused or that it shall be expended in such manners, the Collector, may deem fit for the benefit of the forest-growth.(3)The Court referred to in proviso to sub-section (1) may confiscate and sell any timber or other forest produce cut or removed in contravention of any rule made under sub section (1), and may apply the proceeds of the sale to either or both of the purposes mentioned in sub-section (2).(4)If an estate holder or any other person is guilty of any material violation of the rules made under sub-section (1), the Collector ma.), unless he is satisfied that such estate-holder or other person has taken reasonable precautions to prevent such violation and after full inquiry and after giving to the estate-holder or other person, a reasonable opportunity of being heard(a)Proclaim that the forest-growth of the estate or village will be protected by the State Government, or(b)issue notice to such estate-holder or other person to show cause, within a reasonable time to be specified in the notice, why he should not be excluded from the possession of the forest land.(5)Until the proclamation made under sub-section (4), clause (a), is withdrawn, it shall be unlawful for any person to cut, or cause to be cut, for sale or for conveyance or use outside the village area, any timber or brushwood, save with the previous sanction of the Collector and in the manner and to the extent permitted by him.(6)If not sufficient cause is shown against an order under sub-section (4) clause (b), the Collector may exclude such estate-holder or other person from the possession of the forest land and assume the direct management thereof for a term to be fixed by him:Provided that the gross income of the forest land, of which the direct management is so assumed, shall be paid by the Collector to the estate-holder or other person enniled thereto after deducting there form such amount by way of expenditure incurred in such management as may be determined by the Collector after giving to the estate-holder or other person, a reasonable opportunity of being heard.(7)No lease, lien, encumbrance or contract with respect to the forest land held under direct management, shall be binding upon the State Government.
