37. Penalties for acts in contravention of notification under Section 34 or of rules under Section 36.
(1)Any person who -(a)fells, girdles, lops, traps or burns any tree reserved under Section 34, or strips off the bark or leaves from, or otherwise damages any such tree;(b)contrary to any prohibition under Section 34, quarries any stone, or burns any lime or charcoal, or collects, subject to any manufacturing process, or removes any forest produce;(c)contrary to any prohibition under Section 34 breaks up or clears for cultivation or any other purpose any land in any protected forest or cultivates or attempts to cultivate any such land in any manner;(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 34, whether standing, fallen or felled, or to any portion of such forest notified under the said section;(e)fells any tree or drags any timber so as to damage any tree reserved as aforesaid;(f)permits cattle to damage any such tree; or(g)infringes any rule made under Section 36;shall be punishable with imprisonment for a term which may extend to one year [and with fine] [Substituted by Orissa Act 9 of 1983.] which may extend to two thousand rupees and shall also be liable to pay such compensation not being less than the value of the damage caused to the forest as the convicting Court may direct to be paid.(2)When a person is convicted of an offence under Clause (c) of Sub-section (1) the Court shall order eviction of the offender from the forest land or tire 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.(3)The order of eviction may be executed by a police officer not below the rank of Sub-Inspector or a Forest Officer not below the rank of a Range Officer or a Revenue Officer not below the rank of a Revenue Inspector, as the Court may direct.(4)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, on the recommendation of the Collector of the district and 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 for such period as they think fit :Provided that before making any recommendation to the State Government, the Collector shall give the persons concerned a reasonable opportunity of being heard.
