Tamil Nadu Forest Act, 1882
No: 5 Dated: Jan, 01 1883
Tamil Nadu Forest Act, 1882
(Tamil Nadu Act 5 of 1882)
An Act to make provision for the protection and management afforests in the State of Tamil Nadu.
Preamble. - Whereas it is expedient to make provision for the protection and management of forests in the State of Tamil Nadu;
It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title. - This Act may be called the Tamil Nadu Forest Act, 1882.
Local extent: It extends to the whole of the State of Tamil Nadu:
Provided that the Government may, by notification in the Official Gazette, exempt any place from the operation of the whole or any portion of this Act, but not so as to affect anything done or any offence committed or any fine or penalty incurred or any proceedings commenced in such place before such exemption, and may, in like manner, vary or cancel such notification;
and it shall come into force on such day as the Government may, by notification in the Official Gazette, direct.
1A. The provisions of Chapters VI-A and VI-B shall apply only to the transferred territory.
2. Interpretation clause. - In this Act, and in all Rules made hereunder, unless there is something repugnant in the subject or context,-
"Government".-Government means the State Government;
"Collector".-Collector means the Chief Executive Revenue Officer of a district;
"Forest officer".-Forest Officer means any person appointed by name or as holding an office by, or under the orders of the Government to be a Conservator, Deputy Conservator, Assistant Conservator Extra Assistant Conservator, Forest Ranger, Forester, Forest Guard; or to discharge any function of a Forest Officer under this Act or any Rule made thereunder;
"District Forest Officer".-"District Forest Officer" means the Chief Forest Officer of a District or of a portion of a district, if in independent charge of such portion;
"Tree". -"tree" includes stumps, bamboos and brushwood; "Timber".-"timber" includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned or hollowed out for any purpose or not;
"Forest produce".-"forest produce" includes the following things when found in, or brought from a Forest, that is to say:- minerals (including limestone and laterite), surface soil, trees, timber, plants, grass, peat, canes, creepers, reeds, fibres, leaves, moss, flowers, fruits, seeds, roots, galls, spices, juice, catechu, bark, caoutehoue, gum, wood-oil, resin, varnish, lac, charcoal, honey and wax, skins, tusks, bones and horns;
Explanation I. - In the transferred territory, "forest produce" also includes the following things, whether found in, or brought from, a forest or not, that is to say:-
timber or trees which are specified to be royalties under section 40-G.
Explanation II. - For the purpose of Explanation I, timber does not include any wood that has been wrought or fashioned such as doors, windows, articles or furniture and boxes;
"Forest offence". - "forest offence" means an offence punishable under this Act or any Rule made thereunder;
"Cattle". - "cattle" includes elephants, camels, buffaloes, horses, mares, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lamps, goats and kids;
"River". - "river" includes, streams, canals, back-waters, creeks, and other channels, natural or artificial;
"Land at the disposal of Government".- "land at the disposal of Government" includes all unoccupied land, whether assessed or unassessed; but does not include land, the property of land-holders by section 1 of Act VIII of 1865, Madras, (namely), all persons holding under a sanad-milkiyat-i-istimrar, all other zamindars shrotriyamdars, jagirdars, inamdars and all persons farming lands from the above persons or farming the land revenue under Government; also all holders of land under riyotwar settlements, or in any way subject to the payment of land-revenue direct to Government, and all other registered holders of land in property right.
Explanation. - In the transferred territory, "land at the disposal of Government" also includes all land occupied temporarily and all land occupied without permission, whether assessed or unassessed, but does not include land being the property of jenmies or Devaswoms;
"Magistrate".-"Magistrate" means a Magistrate of the first or second class and includes a Magistrate of the third class when he is specially empowered by Government to try forest offences;
"Imprisonment".-"imprisonment" means imprisonment of either description as defined in the Indian Penal Code (Central Act XLV of 1860);
"Scheduled timber"-"scheduled timber" means any timber as specified in the Schedule,
"Transferred territory".-"transferred territory" means the Kanyakumari district and the Shencottah taluk of the Tirunelveli district.