No: 2 Dated: Mar, 30 1943

THE ASSAM FOREST (AMENDMENT) ACT, 1943

ASSAM ACT II OF 1943

    An Act further to amend the Assam Forest Regulation, 1891.

    Preamble:- Whereas it is expedient further to amend the Assam Forest Regulation, 1891, for the purposes hereinafter appearing ;

    It is hereby enacted as follows :—

1. Short title:- (1) This Act may be called the Assam Forest (Amendment) Act, 1943.

(2) It shall apply to the whole of the territories to which the Regulation now applies and shall come into force at once.

2. Insertion of new sub-sections (3) and (4) to section 60 Regulation VII of 1891:- After sub-section (2) of section 60 of the Assam Forest Regulation, 1891 (hereinafter referred to as the said Regulation), the following sub-sections shall be inserted, namely :—

(3) Any Forest Officer or Police Officer who vexatiously or maliciously arrests any person on the pretence that he is suspected of having been concerned in any forest offence or otherwise as provided by section 60(1) of this Regulation shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

(4) No Forest Officer or Police Officer shall detain in custody a person arrested under subsection (1) of this section for a longer period than under all the circumstances of the case is reasonable ; and such period shall not exceed twentyfour hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court having jurisdiction in the case, or to the Officer in charge of the nearest police station.”

3. Repeal of section 63 of Regulation VII of 1891:- Section 63 of the said Regulation is hereby repealed.