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[Cites 0, Cited by 33] [Entire Act]

State of Odisha - Section

Section 27 in The Orissa Forest Act, 1972

27. Offences.

(1)The person who -
(a)makes any fresh clearing or causes breaking of land which is prohibited under Section 3;
(b)[ sets fire to a forest land in respect of which a notification under Section 4 has been issued, or kindles any fire or leaves any fire burning in such forest land in such manner as to endanger the forest land, or fells, girdles, lops any tree or strips off the bark or leaves from any tree in such land, or otherwise damages the same or causes damage to any forest produce in such land, or quarries stone, burns lime or charcoal or subjects to manufacturing process any forest produce in such land, or collects or removes any forest produce from such land, in contravention of any rule.] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.]
shall be punishable with imprisonment for a term which may extend to [one year and with fine which may extend to one thousand rupees] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.] [* * *] [Deleted vide Orissa Act 9 of 1983, O.G.E. No. 444D/18.4.1983.].
(2)Any person who in a reserved forest -
(a)trespasses or pastures cattle or permits cattle to trespass; or
(b)causes any damage by negligence in felling any tree or cutting or dragging any timber or removing any forest produce.
[shall be punishable with fine which may extend to -
(i)one thousand rupees for an offence under Clause (a); and
(ii)two thousand rupees for an offence under Clause (b),
in addition to such compensation for the damage done to the forest, which in no case shall be less than the value of the property damaged, as the convicting Court may direct to be paid.] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.]
(3)Any person [sets fire to a reserved forest or] [Inserted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.] who in a reserved forest -
(a)[kindles, keeps or carries any fire or fells] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.], girdles, lops or burns any tree or plant or strips off the bark or leaves from or otherwise damages the same or causes damage to any forest produce;
(b)quarries stone, burns lime or charcoal or collects, subjects to manufacturing process or removes any forest produce;
(c)clears or breaks up any land for cultivation or for any other purpose, or cultivates or attempts to cultivate any land in any manner or puts up any sheds or other structure; or
(d)in contravention of any rule made in this behalf by the State Government hunts, shoots, fishes, poisons water or sets traps or snares, shall be punishable with imprisonment for a term [which shall not be less than three years but may extend to seven years and with fine which may extend to ten thousand rupees] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.] [* * *] [Deleted vide Orissa Act 9 of 1983, O.G.E. No. 444D/18.4.1983.]
(4)[ When a person is convicted for an offence under Clause (a) of Sub-section (1), the Court shall order eviction of the offender from the land in relation to which the offence has been committed and, on such order being made, all sheds or structures on such land shall be demolished and if the Court so orders, the crop, if any, standing on the land shall be seized and confiscated to the State Government.] [Substituted vide O.A.No. 12 of 2003 Notification No. 6282/Legislative O.G.E. No. 660 dated 5.5.2003.]
(5)Orders passed and actions to be taken under Sub-section (4) may be executed by a Police Officer not below the rank of a Sub-Inspector or a Forest Officer not below the rank of a Range Officer as the Court may direct.
(6)Nothing in this section shall be deemed to prohibit-
(a)any act done by permission in writing of the Divisional Forest Officer or any officer authorised by him in that behalf or under any rule made by State Government; or
(b)the exercise of any right continued under Clause (c) of Subsection (2) of Section 15, or created by grant or contract in writing made by or on behalf of the State Government as is referred to in Section 24.