The Odisha Gazette

EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1014-D Dated. 14 July, 1972

ODISHA ACT 14 OF 1972

(Assented to by the President on the 29th June, 1972)
An Act to consolidate and amend the laws relating to the protection
and management of forests in the State.
Be it enacted by the legislature of the State of Odisha in the Twenty-
third year of the republic of India as follows :
1
Statement of Objects and Reasons : There are now to Forest Acts
in application in the State of Odisha, i.e. the Indian Forest Act, 1927 and
the Madras Forest Act, 1882. Except for the Districts of Koraput, Ganjam
and part of Phulbani districts (Baliguda and G. Udayagiri Taluks) where the
Madras Forest Act, 1882 is in force, the rest of the area is covered by the
Indian Forest Act, 1927. The existence of two Acts quite often creates
confusion and also administrative difficulty. The existence of the two Acts
imposed an extra strain on the Government machinery with no
commensurate advantage and this could be avoided by one unified Act.
The necessity for a unified Forest Act was felt quite early and in pursuance
of that, a Bill was introduced in the State Legislative Assembly in the year
1942. But for reasons unknown this was dropped. The necessity for such
an Act has been commanded by the Forest Enquiry Committee of Odisha
in its report in 1959.
2. Further, a Sub-Committee of the Central Board of Forestry had
recommended amendment of certain clauses giving the development of
forests and the interest of forest produce a paramount consideration. There
are a number of other States like Kerala, Gujarat, Andhra Pradesh, etc.,
which have already enacted independent Forest Acts and we have had the
advantage of taking the best part of those Acts while unifying the
management of forests in this State has been taken into consideration to
bring the law up-to-date. Generally the sequence followed is of the Indian
Forest Act through this Bills has freely drawn from the Madras Forest Act
and other existing State Forest Acts for convenience.
3. This Bill seeks to fulfill the above object.

* Odisha Gazette, Extraordinary No. 1014-D/14.7.1972- Notification No. 7481-

Legis-D/11.7.1972
1. For Statement of Objects and Reasons, See Odisha Gazette Extraordinary No.
908, dated 23.7.1971 and for Report of the State Committee see ibid No. 5-A
dated 3.1.1972.

1
 CHAPTER - I
PRELIMINARY
1. Short title, extend and commencement :– (1) This Act may be
called the Odisha Forest Act, 1972.
(2) It extends to the whole of the State of Odisha
(3) It shall come into force at once.
2. Definitions :– In this Act, unless the contest otherwise requires—
(a) “Cattle” means cows, oxen, bulls and calves and includes
elephants, camels, buffaloes, horses, mares, geldings, ponies,
colts, fillies, mules, asses, pies, rams, ewes, sheep, lambs,
goats, kids and such other kinds of animals as the State
Government may, by notification, specify;
(b)-(d) 1[***]
(e) “Forest Offence” means an offence punishable under this Act
or under the rules and includes the abetment of a forest offence;
2
[(f) “Forest Officer”
(i) any person whom the State Government or any officer
empowered by the State Government in this behalf, may
appoint to carry out all or any of the purposes of this
Act or to do anything required by this Act or any rule
made thereunder to be done by a Forest Officer, and
who may be designated as Principal Chief Conservator
of Forests, Additional Principal Chief Conservator of
Forests, Chief Conservator of Forests, Conservator of
Forests, Deputy Conservator of Forests or Divisional
Forest Officer, Working Plan Officer, Silviculturist,
Assistant Conservator of Forests, Forest Range Officer,
Deputy Ranger or Forester; and
(ii) Such other persons who are notified by the State
Government to perform all or any of the functions of a
forest officer under this Act or any rule or order made
thereunder, but does not include Forest Settlement
Officer.]
(g) “Forest produce” includes :—
(i) the following whether found in, or brought from a forest or
not, that is to say :-
(a) timber, charcoal, caoutchouc catechu, wood-oil, resign,
natural varnish, bark, Tussay Cocoon, lac, gums, roots
of Patal Guruda, Mahua flowers, mahua seeds,
myrabolans, Kendu leaves, sandal wood, tamarind, hill
broom, Siali leaves, Siali fibres, Sal seeds;

1. Clauses (b), (c) and (d) omitted vide O.A. No. 12 of 2003 Notfn. No. 6282/
Legis. dt.5.5.2003 O.G.E. No. 660, dt. 5.5.2003.
2. Substituted ibid.

2
 (b) wild animals and wild birds, skins, tusks, horns, bones
and all other parts or produce of wild life; and
(c) such other produce as may be notified by the State
Government; and
(ii) the following when found in or brought from a forest that is to
say :
(a) trees and leaves, flowers and fruits and all other parts
or produce of trees not herein before mentioned;
(b) plants not being trees (including grass, creepers, reeds
and moss) and all parts or produce of such plants;
(c) honey, wax and arrowroot;
(d) peat, surface oil, rock, sand and minerals (including
limestone, laterite; mineral oils and all products of mines
or quarries);
(h) “Owner” in relation to a forest, includes a mortgage in
possession, lessee or other person having right to the
possession of or enjoyment of the forest;
(i) “Prescribed” means as prescribed by Rules made under this
Act;
1
(j) [***]
(k) “River” includes streams, canals, back waters, creeks and
other channels, natural or artificial;
(l) “Rule” means any rule made under this Act;
(m) “Sandal wood” means the wood derived out of any part of
Chandan tree and includes chips, dust or powder of such wood;
(n) “Timber” includes trees fallen or felled and all wood cut up or
sawn; and
(o) “Tree” includes palms, bamboos stumps, brushwood and
canes.
NOTES
(1) Sec. 2(g)(c) — When bamboo becomes a Forest Produce -
discussed.
Held, on an analysis or interpretation of Clause (II) of Sub-Sec. (g),
read with Sub-Sec. (c) of Sec. 2 of this Act, it is evident that it only when
bamboo is found and brought from the forest it becomes a forest produce,
and it is not a forest produce, if found and brought from any private land,
which does not come with the ambit of the definition of Forest — 1997(II)
OLR-354, AIR 1998, Odisha - 54.
(2) Sec. 2(c), 2(g), 2(o) and 56 — Seizure due to forest offence —
Forest Officer’s findings based on surmises and conjectures - Bamboo
obtained from any private land is not a forest produce - 1997(II) OLR-354.
(3) Sec. 2(9) — Siali leaves - whether a forest produce or not -
whether Siali plant planted and leaves of such plant obtained, requires

1. Omitted vide O.A. No. 12 of 2002 Notfn. No. 6282/Legis. O.G.E. No. 660
dt.5.5.2003.

3
transit permit or not - Since the same does not come within the ambil of
forest produce, transit permit is not necessary - 32 (1990) OJD-565 (Civil).
(4) Section 2(g) - Odisha Forest Produce and other Timber Transit
Rules, 1980 — Rules 4 and 5 — Siali leaves come within the ambit of
Forest produce under Section 2(g) of the Act — under certain specified
conditions, for transport of the said Forest Produce, transit permit is a pre-
condition — 32 (1990)-565 OJD (Civil).
(5) Section 2(g) - Odisha Timber and other Forest Produce Transit
Rules, 1980 — Rules 2(1)(h), 5 and 7 - whether firewood obtained from
forest is a Forest Produce or not ? Held - yes - 32(1990) OJD-502 (Crimes).
(6) Sec. 2(g) - Odisha Timber and other Forest Produce Tansit Rules-
1980, Rules 2(I)(h), 5 and 7 - Firewood of the forest, is a Forest Produce-
1990 (II) OLR-400.
(7) Section 2(g) (1) (a), 27(2) (6) and Section 27(3)(b) – Accused
was found removing sal log from the forest area. It is not an offence under
Sec. 27(2) (b) but comes under the purview of Sec.27(3)(b) - Before
amendment in 1983, the punishment for such offence was two (2) years
and the period of limitation is three (3) years - The case was disposed of
not on its merit but on the point of limitation by the trial court - The finding
with regard to limitation was also wrong - Hence acquittal set-aside and
case remanded for fresh trial - 1989(II) OLR-441.

CHAPTER - II
OF RESERVED FORESTS
3. Power to reserve forests :– The State Government may constitute
any land which is the property of Government or over which the Government
have proprietary rights of a reserved forest in the manner hereinafter
provided.
4. Notification by State Government :– (1) Whenever it is proposed
to constitute any land a reserved forest, the State Government shall issue
a notification in the Official Gazette:
(a) declaring that it is proposed to constitute such land, a reserve
forest;
(b) specifying, as nearly as possible, the situation and limits of
such lands; and
(c) appointing an officer (hereinafter called “The Forest Settlement
Officer”) to inquire into and determine the existence’, nature
and extend of any rights or privileges alleged to exist in favour
of any person in or over any land comprised within such limits,
or in or over any forest produce, and to deal with the same as
provided in this Chapter.
Explanation :– For the purpose of Clause (b), it shall be sufficient to
describe the limits of the forest by roads, rivers, bridges or other well
known or readily intelligible boundaries.

4
 (2) The Officer appointed under Clause (c) of Sub-Sec. (1) shall
ordinarily be a person not holding any forest office except
that of a Forest Settlement Officer.
(3) The Divisional Forest Officer not below the rank of a Range
Officer authorised by him in that behalf, may represent the
Forest Department at the enquiry conducted under this Chapter.
5. Bar to accrual of forest rights and bar of suits :– (1) After the
issue of a notification under Section 4, no right shall be acquired in or over
the land comprised in such notification, except by succession or under a
grant or contract in writing made or entered into by or on behalf of the
State Government or some person in whom such right was vested when
the notification was issued; and no fresh clearing or breaking of land for
cultivation or for any other purpose or construction of shed or other
structures shall be made in such land except in accordance with such
rules as may be made by the State Government in that behalf.
(2) Save as otherwise provided in this Act, no Civil Court shall,
between the date of publication of the notification under Section 4 and of
the notification to be issued under Section 21, entertain any suit to establish
any right in or over any land included in the notification published under
Section 4.
6. Proclamation by Forest Settlement Officer :– When a notification
has been issued under Section 4 the Forest Settlement Officer, in the
prescribed manner, publish in Oriya in every town and village in the
nighbourhood of the land comprised therein, a proclamation :
(a) specifying, as nearly as possible, the situation and limits of
the proposed forest;
(b) explaining the consequences which, as hereinafter provided,
will ensue on the reservation of such forest; and
(c) fixing a period of not less than three months from the date of
such proclamation, and requiring every person claiming any
right mentioned in Section 4 or Section 5 within such period
either to present to the Forest Settlement Officer a written
notice specifying or to appear before him and state the nature,
of such right and the amount and particulars of the
compensation, if any claimed in respect thereof.
7. Inquiry by the Forest Settlement Officer :– (1) The Forest
Settlement Officer shall take down in writing all statements made under
Section 6 and shall at some convenient place in the locality, inquire into all
claims duly preferred under that Section, and existence of any rights
mentioned in Section 4 or 5 and not claimed under Section 6 so far as the
same may be ascertainable from the records of Government and the
evidence of any person likely to be acquainted with the same.
(2) The Forest Settlement Officer shall also record any representation
which the Forest Officer, if any, representing the Forest Department under

5
Sub-Section (3) of Section 4 or the Divisional Forest Officer may in respect
of any such objection or claim.
8. Power of Forest Settlement Officer :– For the purpose of such
enquiry, the Forest Settlement Officer may exercise the following powers,
that is to say—
(a) power to enter or authorise any person to enter upon any
land, and to survey, demarcate and make a map of the same;
and
(b) the powers of a Civil Court in the trial of suits.
9. Extinction of rights :– Rights in respect of which no claim has
been preferred under Section 6 and of the existence of which no knowledge
has been acquired by inquiry under Section 7, shall be extinguished, unless
before the publication of the notification under Section 21, the person
claiming the same satisfies the Forest Settlement Officer that he had
sufficient cause for not preferring such claim within the period fixed under
Section 6.
NOTES
Land does not come within the ambit of Sec. 3 - AIR 1977 Allahabad-
192 may be seen with regard to scope and extinguishment of right.
10. Claims relating to practice of shifting cultivation :– (1) Claims
relating to the practice of shifting cultivation in any land notified under
Section 4 shall not be admitted but if the Forest Settlement Officer considers
that some portion of the land under settlement needs to be excluded to
provide sufficient land for cultivation, he may, after considering the
objections of the Forest Officer, if any, representing the Forest Department,
under Sub-Section (3) of Section 4 or the Divisional Forest Officer, make a
report to the State Government containing his recommendations for
alteration of the limits of the land.
(2) The State Government may, after considering the
recommendations so made, sanction the alteration proposed by the Forest
Settlement Officer either in whole or with such modifications as they deem
fit and thereupon the Forest Settlement Officer shall pass an order altering
the limits of the land as sanctioned by the State Government.
(3) The practice of shifting cultivation shall, in all cases, be deemed
a privilege subject to control, restriction and abolition by the State
Government.
11. Power to acquire land over which right is claimed :– (1) In the
case of claim to a right in or over any land, other than a right of way or
right of pasture, or a right to forest produce or a water course or to use of
water the Forest Settlement Officer shall pass an order admitting or rejecting
the same in whole or in part after considering the particulars of such
claims and the objection of the Forest Officer, if any, representing the
Forest Department under Sub-Section (3) of Section 4 or the, Divisional
Forest Officer.
(2) If such claim is admitted in whole or in part, the Forest Settlement
Officer shall either —
(i) exclude such land from the limits of the proposed forest;
(ii) come to an agreement with the owner thereof for the surrender
of his rights; or

6
 (iii) proceed to acquire such land in the manner provided by the
Land Acquisition Act, 1894 (1 of 1894).
(3) For the purpose of such acquisition —
(a) the Forest Settlement Officer shall be deemed to be a Collector
proceeding under the Land Acquisition Act, 1894 (1 of 1894);
(b) the claimant shall be deemed to be a person interested and
appearing before him in pursuance of a notice given under
Sec. 9 of that Act;
(c) the provisions of the preceding Sections of that Act shall be
deemed to have been complied with; and
(d) the Collector, with the consent of the claimant or, with the
consent of both the parties, may award compensation in the
form of land, or partly in the form of land and partly in money.
(4) The Forest Settlement Officer shall serve a copy of every order
passed under this Section on the claimant and also on the Forest Officer
who attended the enquiry under Sub-Section (3) of Section 4 and if no
such officer attended, on the Divisional Forest Officer.
12. Claims to right of way, right to water-course or to use of water,
etc. :– (1) In the case of a claim to right of way, right to water course or
to use of water, the Forest Settlement Officer shall, after considering the
objections of the Forest Officer, if any, representing the Forest Department
under Sub-Sec. (3) of Section 4 or the Divisional Forest Officer, either
come to an agreement with the claimant for the surrender of the right or
pass an order for continuance of the exercise of such right subject to such
conditions as may be agreed upon between the Forest Department and
the claimant or where no such agreement is reached, as the Forest
Settlement Officer may impose.
(2) In the case of claims to rights of pasture or to forest produce the
Forest Settlement Officer shall pass an order admitting or rejecting the
same in whole or in part after considering the objections of the Forest
Officer representing the Forest Department under Sub-Sec. (3) of Section
4 or of the Divisional Forest Officer.
(3) A copy of every order passed under this Section, shall be served
on the claimant by the Forest Settlement Officer and another copy shall be
forwarded to the Forest Officer who attended the enquiry or if no such
officer attended, to the Divisional Forest Officer.
13. Record to be made by the Forest Settlement Officer :– The
Forest Settlement Officer, when passing any order under Section 12, shall
record in as precise terms as possible and so far as may be practicable —
(a) the name, father’s name, residence and occupation of the
person claiming the right; and
(b) the designation, position and area of all fields or groups of
fields, if any, and the designation and position of all buildings,
if any, in respect of which the exercise of such right is claimed.

7
 14. Record where he admits claims :– If the Forest Settlement
Officer admits in whole or in part any claim under Sub-Sec. (2) of Section
12, he shall also record the extent to which the claim is so admitted
specifying the number and description of the cattle which the claimant is,
from time to time, entitled to graze in the forest, the season during which
such pasture is admitted, the quantity of timber and other forest produce
which he is, from time to time, authorised to take or receive, and such
other particulars, as the case may require. He shall further record whether
the timber or other forest produce obtained on such authorisation may be
sold or bartered.
15. Exercise of rights admitted :– (1) After making such records,
the Forest Settlement Officer shall, to the best of his ability, and having
due regard to the maintenance of the reserved forest in respect of which
the claim is made, pass such orders as will ensure the continued exercise
of the rights so admitted.
(2) For the said purpose, the Forest Settlement Officer may -
(a) set out some other forest tract of sufficient extent, and in a
locality reasonably convenient for the purpose of such
claimants, and make an order conferring upon them a right of
pasture or to forest produce, as the case may be, to the extent
so admitted; or
(b) so alter the limits of the proposed forest as to exclude forest
land of sufficient extent, and in a locality reasonably convenient
for the purposes of the claimants; or
(c) make an order continuing in favour of such claimants a right
of pasture or to forest produce, as the case may be, to the
extent so admitted, during such seasons and within such
portions of the proposed forests, as he may fix and subject to
such Rules as may be made in this behalf.
(3) A copy of every order passed under this Section shall be served
on the claimants by the Forest Settlement Officer and another copy shall
be forwarded to the Forest Officer who attended the enquiry or if no such
officer attended, to the Divisional Forest Officer.
16. Commutation of rights :– If on the representation of the Divisional
Forest Officer, the Forest Settlement Officer is satisfied that the exercise
of any private right is inconsistent with the maintenance, preservation of
development of a reserve forest, he shall proceed to acquire such right
and shall, subject to such Rules as the State Government may make in this
behalf, commute such rights by the payment to such persons of a sum
money in lieu thereof or by the grant of land, or in such other manner, as
he thinks fit.
17. Appeal from orders passed under Section 11, 12, 15 or 16 :–
Any person who has made a claim under this Act, or any Forest Officer or
other person generally or specially empowered by the State Government
in this behalf, may, within three months from the date of the order passed
to such claim by the Forest Settlement Officer under Sections 11, 12, 15

8
or 16, present an appeal from such order to the Collector of the district
who may dispose of the appeal himself or may transfer the same to the
Additional District Magistrate for disposal.
NOTES
Whether the Forest Settlement Officer is a Court or not? - AIR 1975
SC - 2085.
18. Appeal under Section 17 :– (1) Every appeal under Sec. 17 shall
be made by a memorandum in writing and may be delivered to the Forest
Settlement Officer, who shall forward it forthwith to the authority competent
to hear the same.
(2) The procedure for filing and disposal of appeals shall be the
same as is provided under Order XLI of the Code of Civil Procedure, 1908
(5 of 1908).
19. Power of revision :– (1) The Board of Revenue may, on an
application made in that behalf by any person aggrieved by an appellate
order under Section 18 within the months from the date of the order,
confirm, modify or set aside such order :
Provided that no orders under this Sub-Section shall be made without
giving the parties concerned a reasonable opportunity of being heard.
(2) The Board of Revenue may, by order in writing and subject to,
such conditions, as may be specified therein, delegate its powers under
this Section to any officer not below in rank to the Revenue Divisional
Commissioner and may in like manner withdraw the powers so delegated.
20. Pleaders :– The State Government or any person who has made
a claim under this Act, may appoint any person to appear, plead and act
on their or his behalf before the Forest Settlement Officer or the appellate
or revisional authority in the course of any inquiry, appeal or revision under
this Act.
21. Notifications declaring forest reserved :– (1) When the following
events have occurred, namely :
(a) the period fixed under Section 6 for preferring claims has
elapsed and all claims, if any, made under that Section or
Section 9 have been disposed of by the Forest Settlement
Officer;
(b) if any such claims have been made the period limited by Section
17 for preferring appeals from the orders passed on such claims
has elapsed, and all appeals, if any, presented within such
period have been disposed of by the appellate authority;
(c) if any such appeals have been presented, the period limited
by Section 19 for making an application for revision of the
appellate order has elapsed, and all applications, if any, made
within such period have been disposed of by the revisional
authority; and
(d) lands, if any, to be included in the proposed forest, which the
Forest Settlement Officer has under Section 11 elected to
acquire under the Land Acquisition Act, 1894 (1 of 1894)
have become vested in the State Government under Section
16 of that Act.

9
 the State Government may publish a notification specifying
accordance to boundary marks erected or otherwise, the limits of the
forest which is to be reserved, and declaring the same to be reserved with
effect from a date to be specified in the notification.
(2) From the date so specified such forest shall be deemed to be a
reserved forest.
1
[(3) Production of an authenticated copy of notification published
under Sub-Sec. (1) shall be conclusive proof that the forest, the limits
whereof have been specified therein, is a reserved forest.]
22. Publication of translation of such Notification in neighbourhood
of forests :– The Divisional Forest Officer shall before the date specified in
the notification issued under Section 21, cause a translation thereof into
Oriya to be published at a conspicuous place in every town and village in
the neighbourhood of the forest and also in such other manner as may be
prescribed.
23. Powers to revise arrangement made under Section 15 or Section
18 :– The State Government may, at any time after the publication of any
notification under Section 21, revise any arrangement made under Section
15, Section 18 or Section 19 and may for this purpose rescind or modify
any order made under Section 15, Section 18, or Section 19 and direct
that any one of the proceedings, specified in Section 15 be taken in lieu of
any other of such proceedings or that the rights admitted under Section
12 be commuted under Section 16 :
Provided that no order under this Section shall be made without
giving parties concerned a reasonable opportunity of being heard.
24. No right to be acquired over reserved forest except as herein
provided :– No right of any description shall be acquired in or over a reserved
forest except by succession or under a grant or contract in writing made
by or on behalf of the State Government or some person in whom such
right was vested when the notification under Section 21 was issued.
25. Rights not to alienate without sanction :– (1) Notwithstanding
anything contained in Section 24, no right continued under Clause (c) of
Sub-Section (2) of Section 15, shall be alienated by way of grant, sale,
lease, mortgage or otherwise without the sanction of the State Government.
Provided that, when any such right is appendant to any land or
house, it may be sold or otherwise alienated along with such land or house.
(2) No timber or other forest produce obtained in exercise of any
such right shall be sold or bartered except to such extent as may have
been admitted in the order recorded under Section 14.
26. Power of stop ways and water courses in reserved forests :–
The Divisional Forest Officer may, in the interests of the general public
and without the previous sanction of the State Government or of any

1. Added by Odisha Act 9 of 1983-See Odisha Gazette. Ext. No. 444-D/18.4.1983.

10
officer duly authorised by them in this behalf, close any public or private
way or water course or stop the use of water in a reserved forest :
Provided that a substitute for the way or water course so closed or,
as the case may be, an alternative arrangement for the use of water so
stopped, which the State Government deems to be reasonable, convenient
and already exists, or has been provided for or constructed by the Divisional
Forest Officer in lieu thereof.
27. Offences :– (1) The person who —
(a) makes any fresh clearing or causes breaking of land which is
prohibited under Section 5;
1
[(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, gridles, 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.]
shall be punishable with imprisonment for a term which may extend
1
to [one year and with fine which may extend to one thousand rupees]
2
[***]
(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.
1
[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.]
(3) Any person who 3[sets fire to a reserved forest or] who in a
reserved forest —
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt. 5.5.2003.
2. Deleted vide Odisha Act 9 of 1983, O.G.E. No. 444, D/18.4.1983.
3. Inserted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660 dt.
5.5.2003.

11
 1
(a) [kindles, keeps or carries any fire or fells], gridles, 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 1[which shall not
be less than three years but may extend to seven years and with fine
which may extend to ten thousand rupees]. 2[***]
1
[(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.]
(5) Orders passed and actions to be taken under Sub-Section (4)
may be executed by a Police Officer not below the rank of Sub-Inspector
or a Forest Officer not below the rank of 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 an 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 Sub-
Section (2) of Section 15, of created by grant or contract in
writing made by or on behalf of the State Government as is
referred to in Section 24.
NOTES
(1) Charge under Section 27 - Authorised Officer’s finding was that
bamboo was not proved to have been from the reserved forest - Held,
Charge was, not proved under Sec. 27 - 1997 (II) OLR-354; AIR-1998
Odisha-54.
(2) Section 27(2) (6) and 27(3) (B) - A sal log, which is a timber was
found to be removed from a reserve forest by a person which is an offence
1. Substituted ibid.
2. Deleted vide Odisha Act 9 of 1983 O.G.E. No. 444, dt. 18.4.1983.

12
under Section 27(3) (B) and punishable with two years imprisonment -
1989 (II) OLR-441.
(3) Sections 27(2) (b) and 3(B) - (Prior to amendment by Act 9 of
1983) - Period of limitation Timber was found to be removed by the accused-
There was no felling of trees and therefore no - damage to the reserve
forest - Held offence is covered not by Section 27(2) (B) but by Sec.
27(3)(B) and punishment is two years imprisonment and limitation period
is three years 1990 Cri.L.J. 1585 (Odisha), 1989 (II) OLR 441.
(4) Section 27 read with Section 46 - Without permission cutting
and removing of trees - offence committed and prosecuted S.D.J.M.
Dharmagarh acquitted the accused - Appeal No dispute of evidence of
cutting trees - Accused guilty of offence Appropriate conviction and
sentence ordered. 2005 (II) O.L.R. 352.
(5) Section 27 read with Section 46 - Illegal cutting and removing of
trees - Magistrate acquitting the accused - Appeal - Accused not disputing
the evidence of felling of trees - Non-production of document showing
permission to cut and remove the trees - Accused guilty of offence -
Direction on conviction and sentence issued : 2005 (II) OLR 352 : 100
(2005) CLT 255.
(6) Section 27(1)(a) - Odisha Timber and Other Forest Produce Transit
Rules - Rule 21 - Cognizance under - Occurrence took place in 1988 -
Cognizance of offence taken on 20.1.1990 - Meantime more than 15
years have been elapsed - Quashing of proceeding - Offences are punishable
with imprisonment less than one year - Cognizance ought not have been
taken of the said offences because of the limitation under Sec. 468(i)(b),
Cr.P.C.- A petition under Sec. 482, Cr.P.C. should not be entertained
when there is much delay in filing it - To secure the ends of justice and
undo the wrong there is no fetter to exercise the power under Sec. 482,
Cr.P.C.- Petition under Sec. 482, Cr.P.C. is allowed and the entire
proceeding is quashed : 2007 (II) OLR 111 : (2007) 36 OCR 887 : CLT
(2007) Suppl. Crl. 503.
28. Suspension of rights in reserved forest :— Whenever in a reserved
forest -
(a) fire is caused wilfully or by gross negligence; or
(b) theft to 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, direct that in such forest or any portion thereof the exercise
of all rights of pasture or to forest produce shall be suspended for such
period as they may 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.

13
 29. Power to declare Forest no longer reserved :– (1) The State
Government may, by notification, direct that with effect from such date
as may be specified therein, any forest declared to be a reserved forest
under this Act or any portion thereof shall cease to be a reserved forest.
(2) With effect from the aforesaid date such forest or portion of the
forest shall cease to be a reserved forest but the rights therein, if any
which have been extinguished shall not revive in consequence of such
cessation.
(3) Whenever any reserved forest or any portion thereof ceases to
be a reserved forest by virtue of a notification issued under Sub-Section
(1), the State Government shall, as far as practicable, constitute other
lands equal in area to the reserved forest so notified, to be a reserved
forest in accordance with the provision of this Chapter.

CHAPTER - III
OF VILLAGE FORESTS
30. Constitution of village forest :– (1) The State Government may,
by notification constitute any land at their disposal to be a village forest
for the benefit of any village community or group of village communities
and may in like manner vary or cancel any such notification.
(2) Every such notification shall specify the limits of such village
forest.
Explanation :– “Land at the disposal of Government” includes all
unoccupied land, all temporarily occupied land or occupied without
permission whether assessed or unassessed, and all communal forests
but does not include and recorded in the name of any private person or
institution in the record-of-rights in force which is prepared and maintained
or is deemed to be prepared and maintained under the Odisha Survey and
Settlement Act, 1958 (Odisha Act 3 of 1959).
31. Power to make rules for village forests :– (1) The State
Government may make rules for regulating the management of village
forests and for prescribing the conditions under which the community or
group of communities for the benefit of which any such village forest is
constituted may be provided with forest produce or with pasture, and
their duties in respect of the protection and improvement of such forest.
(2) The State Government may by such Rules, declare all or any of
the provisions of Chapter II to be applicable to village forests.
32. Inquiry into and settlement of rights :– All claims to any right
other than the rights of the village community or group of village
communities for the benefit of which such village forest is constituted,
shall be inquired into; recorded and provided for in such manner as may be
prescribed.

14
 CHAPTER - IV
OF PROTECTED FORESTS
33. Protected forest :– (1) The State Government may, by notification
declare the provisions of this Chapter applicable to any land which is not
included in a reserved forest, but which is the property of Government or,
over which the Government have proprietary rights.
(2) The lands comprised in any such notification shall be called a
“protected forest”.
(3) No such notification shall be issued unless the nature and extent
of the rights of Government and of private persons and village communities
in or over the land comprised therein have been inquired into and recorded
at a survey or settlement, or in such other manner as may be prescribed
any every such record shall be presumed to be correct until the contrary is
proved :
Provided that if in the case of any land, the State Government are of
the opinion that the enquiry and recording as aforesaid are likely to occupy
such length of time as in the meantime to endanger the rights of
Government, they may, pending such inquiry and recording declare such
land to be protected forest, but so as not to abridge or affect any existing
rights of individuals of communities.
(4) Lands at the disposal of Government to which the provisions
contained in Chapter III of the Madras Forest Act, 1882 (Madras Act 5 of
1882) were applicable immediately prior of the coming into force of this
Act shall be deemed to be “protected forest” under this Act.
NOTES
Section 33 - Meaning of protected forest - law, not included in a
reserve forest, is a protected forest - Notification under Section 34 is to be
issued in case of un-reserved forest whereby declaration be made for the
applicability of Chapter IV of the Act - 1992 (II) OLR-185.
34. Power to issue notification reserving trees, etc. :– The State
Government may by notification :
(a) declare any trees or class of tree in a protected forest to be
reserved from a date to be specified in the notification;
(b) prohibit, from a date to be specified as aforesaid the quarrying
of stone, or the burning of lime or charcoal, or the collection
or subjection to any manufacturing process or removal of any
forest produce in any such forest, and the braking up or clearing
for cultivation, for building, for rearing cattle or for any other
purposes, of any land in any such forest ;
(c) declare that any portion of such forest as may be specified in
the notification shall be closed to grazing and removal of any
forest produce for such time as the State Government thinks
fit for the plantation and natural growth of the forest.

15
 Provided that in making a declaration under Clause (c) the State
Government shall have due regard to the grazing facility of cattle.
35. Publication or translation of such notification in neighbourhood :–
The Divisional Forest Officer shall cause translation into Oriya of every
notification issued under Section 34 to be affixed in a conspicuous place
in every town and village in the neighbourhood of the forest comprised in
the notification.
36. Powers to make rules for protected forests :– The State
Government may make rules to control and regulate the following matters,
namely;
(a) the cutting, sawing, conversion and removal of trees and timber
and the collection, manufacture and removal of forest produce,
from protected forest;
(b) the granting of licences to the inhabitants of towns and villages
in the vicinity of protected forest to take trees, timber or other
forest produce for their own use, and the production and return
of such licences by such persons;
(c) the granting of licences to persons for felling or removing
trees or timber or other forest produce from such forests for
the purposes of trade, and the production and return of such
licences by such persons.
(d) the payments, if to be made by the persons mentioned in
Clauses (b) and (c) for permission to cut such trees, or to
collect and remove such timber or other forest produce;
(e) the other payment, if any to be made by them in respect of
such trees, timber and other forest produce, and the places
where such payment shall be made;
(f) the examination of forest produce passing out of such forests;
(g) the alienation, clearing and breaking up land for cultivation or
other purposes in such forests;
(h) the protection from fire of timber lying in such forests and of
trees reserved under Section 34;
(i) the cutting of grass and pasturing of cattle in such forests;
(j) hunting, shooting, poisoning water, setting traps or snares
and collection of wild life in such forests;
(k) the protection and management of any portion of a forest
notified under Section 34; and
(l) the exercise of rights referred to in Section 33.
37. Penalties for acts in contravention of notification under Section
34 or of Rules under Section 36 :– (1) Any person who —
(a) fells, gridles, lops, traps or burns any trees reserved under
Section 34, or strips off the bark or leaves from, or otherwise
damages any such tree;

16
 (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 purposes 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 1[and with fine] 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 entire 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 or forest produce occurs and such theft is in the opinion
of the State Government, and to 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 :

1. Substituted by Odisha Act 9 of 1983.

17
 Provided that before making any recommendation to the State
Government, the Collector give the persons concerned a reasonable
opportunity of being heard.
NOTES
(1) Applicability of Section 37(I)(c) - Prohibition under Sec. 34 relates
only to protected Forest and it is only to have the operation of Sec. 37(I)(c)
- Sec. 34 deals with the power to issue notification, reserving trees, etc.
Section 37(I)(c) also is related to protected forest. The prohibition under
this section embrace, breaking up or clearing for cultivation any land is
protected forest or any attempt to cultivate any such land is any manner;
Chandra Sen. Bag Vrs. State - 79 (1992) CLT 616, 1992(II) OLR -185.
(2) Section 37(1)(c) it was found that the accused persons were
cutting logs in the Khuntabadi unreserved forest by the help of saw, for
which they did not have the permit. In the presence of witnesses the
wood and saw were seized and the accused had to face trial under Sec.
37(1)(c) of the Forest Act - It was held by the court that a notification
under Sec. 34, has to be issued for un-reserved forest. It was admitted
that in order to show any declaration that the land of the Commission of
alleged act was a protected forest, no notification was brought on record.
In such view of the matter the conviction thus made and the sentence
thus awarded is not maintainable - 1992(II) OLR - 185; 34(1992) OJD-
352 (Crimes); 1992(III) Crimes (Odisha)-587.
(3) Oral evidence cannot take the place of notification - The burden
of proving all the ingredients of the offence lies on the prosecution - (1996)
32 CLF.
(4) Conviction under Sec. 37 of Odisha Forest Act cannot be sustained
when there is no evidence regarding issuance of necessary notification of
Sec. 37, declaring the forest in Question to be a reserved one, - Raghu
Dalei Vrs. State - XL III (1977) CLT-706.
(5) Burden lies on the prosecution to prove notification - 43(1977)
CLT-365 and 706; 45(1978), CLT-611.
(6) When a charge is made under Sec. 37(1)(b), notification under
Sec. 30 and 31 becomes necessary AIR 1960 Pat.-213.
(7) Secs 37, 46, 55-A - Odisha Timber and Other Forest Produce
Transit Rules - Rule 21 - Appeal against order of acquittal - In order to
prove the offence under Sections 37, 46 and 55-A of the Act, onus lies on
the prosecution to prove that the accused-respondents were removing fire
wood which is a forest produce from the reserved forest and the same
alongwith other articles was seized inside the reserved forest area - In the
present case none of the witnesses has stated that the firewood and other
articles were seized inside the reserved forest area when the firewood
was being removed from the reserved forest - Contradiction with regard to
the place of seizure - No independent corroboration to the seizure - Pros-

18
ecution has not examined any independent witness to support the version
of the department officials - Prosecution has failed to prove the case against
the accused respondents beyond reasonable doubt - No interference :
2006 (Supp.- II) OLR 156 : CLT (2006) (Supp.) (Cri.) 999.
38. Nothing in this chapter to prohibit acts done in certain cases :–
Nothing in this Chapter shall be deemed to prohibit any act done with the
permission in writing of the Forest Officer who is authorised by the Chief
Conservator of Forests to accord such permission or done in accordance
with Rules made under Section 36 or, except as regards any portion of a
forest notified under Section 34, or as regards any right the exercise of
which has been suspended under Section 37 or done in the exercise of
any right recorded under Section 33.

CHAPTER - V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE
PROPERTY OF GOVERNMENT OR OVER WHICH GOVERNMENT HAVE
JOINT INTEREST
39. Protection of forests for special purpose :– (1) The State
Government may, by notification, regulate or prohibit in any forest or waste
land —
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) setting fire to or clearing of the vegetation, when such
regulation or prohibition appears necessary for any of the
following purposes, namely :
(i) for protection against storms, winds, rolling stones,
floods, and avalanches;
(ii) for the preservation of the soil on the ridges and slopes
and in the valleys or hilly tracts, the prevention of land
slides or of the formation of ravings and torrents or the
protection of land against erosion or the deposit thereon
of sand, stones or gravels;
(iii) for the maintenance of water supply in springs, rivers,
tanks, reservoirs and irrigation projects;
(iv) for the protection of roads, bridges, railways and other
lines of communication;
(v) for the preservation of public health and of places of
worship.
(2) The State Government may for any such purpose, construct at
its own expenses, in or upon any forest or waste land such work as they
think fit.

19
 (3) No notification shall be made under Sub-Section (1) nor shall any
work be begun under Sub-Section (2), until after the issue of a notice to
the owner of such forest land calling on him to show cause, within a
reasonable period to be specified in such notice, why such notification
shall not be made or work constructed, as the case may be and until his
objections, if any, and any evidence he may produce in support of the
same, have been heard by an officer duly appointed in that behalf by the
State Government and have been considered by the State Government.
40. Power to assume management of forests :– (1) In case of neglect
of or wilful disobedience to any regulation made or prohibition imposed
under Section 39; or if the purposes of any work to be constructed under
that section so requires the State Government may, after notice in writing
to the owner of such forest or land and after considering his objection, if
any, place the same under the control of a Forest Officer, and may declare
that all or any of the provisions of this Act relating to reserved forests shall
apply to such forest or land.
(2) The net profits, if any arising from the management of such
forest land shall be paid to the said owner.
41. Acquisition of forests in certain cases :– (1) In any case under
this Chapter in which the State Government considers that in lieu of placing
the forest on land under the control of a Forest Officer the same should be
taken or lease or acquired for public purposes, the State Government may
proceed to take on lease on agreed terms or to acquire it in the manner
provided under the Land Acquisition Act, 1894 (1 of 1894)
(2) The owner of any forest on land comprised in any notification
under Section 59 may, at any time not less than three or more than twelve
years from the date thereof, require that such forest or land shall be acquired
for public purposes and the State Government shall acquire such forest or
land accordingly.
42. Prohibition of cutting fruits - bearing trees :– The State
Government may by notification, from time to time prohibit the cutting of
fruit-bearing trees specified in the notification which are standing on any
land (other than land which is the property of Government or over which
the Government have proprietary rights) and the cutting of which is likely
to lead to fall in agricultural or industrial production.
43. Protection of forests at request of owners :– (1) The owner of
any land or, if there be more than one owner thereof, the owners of shares
therein amounting in the aggregate to at least two-thirds thereof may,
with a view to the formation of conservation of forests thereon, represent
in writing to the State Government their desire–
(a) that such land be managed on their behalf by the Forest Officer
as a reserved or a protected forest on such terms as may be
mutually agreed upon; or

20
 (b) that all or any of the provisions of this Act be applied to
such land.
(2) In either case, the State Government may, by notification apply
to such land such provisions of this Act as they think suitable to the
circumstances thereof and as may be desired by the applicants.
44. Management of forests, the joint-property of Government and
other person :– (1) If the State Government and any person be jointly
interested in any forest or waste land on in the whole or any part of the
produce thereof, the State Government may either —
(a) undertake the management of such forest, waste land or
produce accounting to such person for his interest in the
same; or
(b) issue such regulation for the management of the forests, waste
land or produce by the person so jointly interested as they
deem necessary for the management thereof and the interest
of all parties therein.
(2) When the State Government undertake under Clause (a) of Sub-
Section (1) the management of any forest, waste land or produce, they
may, by notification, declare that any of the provisions contained in Chapters
II and IV shall apply to such forest, waste land or produce, and thereupon
such provisions shall apply accordingly.
NOTES
Interested jointly meaning of - 18(1952) CLT-336, AIR 1957 Odisha
- 219.

CHAPTER - VI
OF THE CONTROL TO TIMBER AND OTHER FOREST PRODUCE IN
TRANSIT OR POSSESSION
45. Power to make rules to regulate transit of forest produce :– (1)
The control of all rivers and their banks as regards the floating of timber,
as well as the control of all timber and other forest produce in transit by
land or water shall be vested in the State Government, and they may make
rules to regulate the transit and possession of all timber and other forest
produce.
(2) In particular and without prejudice to the generality of the foregoing
power such Rules may —
(a) prescribe the routes by which alone timber or other produce
may be imported, exported or moved into, from or within the
State;
(b) prohibit the import or export or moving of such timber or other
forest produce without a pass from an officer duly authorised
to issue the same and otherwise than in accordance with the
conditions of such pass;

21
 (c) provide for the issue, production and return of such passes
and for the payment of fees thereof;
(d) provide for the stoppage, reporting, examination and making
of timber or other produce in transit, in respect of which there
is reason to believe that any money is payable to Government
on account of the price thereof or on account of any fee,
royalty or charge due thereon, or to which it is desirable for
the purpose of this Act to affix a mark;
(e) provide for the establishment and regulation of deposits to
which such timber or other forest produce shall be taken by
the person in charge of it for examination, or for the payment
of such money, or in order that such marks may be affixed to
it and the conditions under which such timber or other produce
shall be brought to, stored at and removed from such depots;
(f) prohibit the closing up or obstructing of the channel or banks
of any river used for the transit of timber or other forest
produce, the throwing of grass, brushwood, branches or leaves
into any such river or any act which may cause such river to
be closed or be obstructed.
(g) provide for the prevention or removal of any obstruction of
the channel or banks of any such river, and for recovering the
cost of such prevention or removal from the person whose
acts or negligence necessitated the same;
(h) prohibit absolutely or subject to conditions, within specified
local limits, the establishment of saw mills, or saw pits, the
converting, cutting, burning, concealing or making of timber
the altering or effacing of any marks on the same or the
possession or carrying of marking hammers or other implements
used for marking timber;
(i) regulate the use of property marks for timber, and the
registration of such marks, prescribe the time for which such
registration shall hold good; limit the number of such marks
that may be registered by any person, and provide for the levy
of fees for such registration.
(j) provide for maintenance of accounts for timber received at or
despatched from the saw mills;
(k) regulate the possession and transit of valuable produce like
sandal wood, tusks and wild life trophies.
(3) The State Government may direct that any rule made under this
Section shall not apply to any specified class of timber or other forest
produce or to any specified local area.
NOTES
(1) Rule 7 of Odisha Forest Contract Rules, 1966 - Forest produce
removal contract - The same was not completed within the stipulated time
- Period of extension granted - During the extension period, the contract
was not completed - Further extension sought by contractor- Initially,

22
extension was granted but cancelled ultimately - Contractor sustaining
loss on ground of not felling trees during the extended period, does not
wise - Hence, suit for recovery of loss sustained is not maintainable- AIR
2002 (Odisha)-1.
(2) Section 45 - Lease for collection of forest produce, granted in
favour of Co-operative Society with a condition for renewal on due date -
Lease continuing - Govt.’s policy to grant more leases in one are to avoid
monopoly - This is not applicable to leases in favour of Co-operative Societies
- Hence, it is illegal to grant lease for collection of minor forest produce, in
favour of another party in the same area - AIR 1998 Odisha-180.
(3) Section 45, 46 and 83 - The accused could neither give any
explanation nor produce the licence for the hand-sawn logs found in the
accused’s house - Reasons for this not being an offence under the above
sections been explained - may be an offence under the Odisha Timber
Transit Rules or Odisha Forest Saw Pits and Saw Mills (Control) Rules, but
does not come under the ambit of those sections and hence cognizance
not taken under the Act - 1994(1) OLR-255.
In view of the above decision, cognizance cannot be taken under
the above sections, section 83 of the Act provides that any person provided
shall be violating any provision of the Act or the Rules, for the violation of
which no penalty is punishment for a maximum period of two months
imprisonment or fine of Rs.1,000/- or with both - 1994(1) OLR-255.
Section - 45 - On the strength of a warrant the petitioner’s premises
was searched by the Forest Range Officer Anandpur on 15.9.94 at 9 A.M.
and he seized 666 pieces of sal and piasal variety of timber - The petitioner
could not produce any authority for such possession - It was held by the
court that Sections 45 and 46 are not penal sections, but Section 46 is
only an enabling section authorising the State Govt. to frame rules for
regulating possession of forest produce with a punishment of one year’s
imprisonment and fine - It is neither proper nor legal to take cognizance
under Sec. 46 of the Act - 1991(II) OLR-307,; 1991 Cri.L.J.-2642.
46. Penalty for breach of rules made under Section 45 :– (1) In
making any rule under Section 45, the State Government may provide that
a breach thereof shall be punishable with imprisonment which may extend
to 1[five years and with fine which may extend to five thousand rupees.]
1
[(2) Such rules may provide that where the offence is committed
after sunset and before sunrise, or after preparation for resistance to lawful
authority or where the offender has been previously convicted of a like
offence, the offender shall be punishable with imprisonment for a term
which shall not be less than three years but which may extend to seven
years and with fine which may extend to ten thousand rupees].

1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt. 5.5.2003.

23
 NOTE
Section 46 is neither a defining section, nor a penal section -
Therefore, taking cognizance under the said section amounts to gross
irregularity and the entire proceeding is vitiated - 73(1992) CLT-52.
47. Government and forest officers not liable for damage to forest
produce at Depot :– The State Government shall not be responsible for
any loss or damage which may occur in respect of any timber or other
forest produce while at a depot established under a Rule made under
Section 45, or while detained elsewhere, for the purposes of this Act; and
no Forest Officer shall be responsible for any such loss or damage unless
he causes such loss or damage negligently, maliciously or fraudulently.
NOTE
State is not liable for the seizure and detention of this goods where
the seizure is legal - 27(1961) CLT - 340.
48. All persons bound to aid in case of accident at Depot :– In case
of any accident or emergency involving danger to any property at any
such depot, every person employed at such depot, whether by the State
Government or by any private person, shall render assistance to a Forest
Officer or Police Officer demanding aid in averting such danger or securing
such property from damages or loss.

CHAPTER - VII
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
49. Certain kinds of timber to be deemed property of Government
until title thereto is proved and may be collected accordingly :– (1) The
following shall be deemed to be the property of Government, unless and
until any person establishes his right and title thereto as provided in this
Chapter, namely :
(a) all timber found adrift, breached, stranded or sunk;
(b) all wood or timber bearing marks which have not been
registered in accordance with the Rules made under Section
45, or on which the marks have been obliterated, altered or
defaced by fire or otherwise; and
(c) in such areas as the State Government may direct, all unmarked
wood and timber.
(2) Such timber may be collected by any Forest Officer or other
person entitled to collect the same by virtue of any Rule made under
Section 55, and may be brought to any depot which the Divisional Forest
Officer may specify as a depot for the reception of drift timber and the
Officer or person so collecting shall forthwith make a report to the Divisional
Forest Officer.
(3) The State Government may, by notification, exempt any class of
timber from the provisions of this section.

24
 50. Notice to claimants of drifit timber :– Public notice shall, from
time to time, be given by the Divisional Forest Officer of timber collected
under Section 49 and every such notice shall contain a description of the
timber, and shall require any person claiming the same to present to such
Officer within a period not less than two months from the date of such
notice, a written statement of such claim.
51. Procedure on claim preferred to such timber :– (1) When any
such statement is presented as aforesaid, the Divisional Forest Officer
may, after making such inquiry as he thinks fit, either reject the claim after
recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the Divisional
Forest Officer may either make an order declaring the person entitled to
the timber and deliver the same to him or may refer the claimant to the
Civil Court having jurisdiction and retain the timber pending the receipt of
an order from any such Court for its disposal :
Provided that no such delivery of timber shall be made under this
Sub-Section until the expiry of a period of three months from the date of
the order made by the Divisional Forest Officer.
(3) Any person whose claim has been rejected under this Section
may, within three months from the date of such rejection, institute a suit
to recover possession of the timber claimed by him, but no person shall be
entitled to any compensation or costs against the State Government, or
against any Forest Officer on account of such rejection, or the retention or
removal of any timber, or the delivery thereof to any other person under
this section.
(4) No such timber shall be subject to any process of any Civil,
Criminal or Revenue Court until it has been delivered, or a suit has been
brought as provided in this section.
52. Disposal of unclaimed timber :– If no such statement is presented
as aforesaid or if the claimant omits to prefer his claim in the manner and
within the period fixed by the notice issued under Section 50, or on such
claim having been so preferred by him and having been, rejected, omits to
institute a suit to recover possession of such timber within the period
fixed by Section 51, the ownership of such timber shall vest in the State
Government, or when such timber has been delivered to another person
under Section 51, in such other person free from all encumbrances not
created by him.
53. Government and its officers not liable for damages to such
timber :– The State Government shall not be responsible for any loss or
damage which may occur in respect of any timber collected under Section
49, and no Forest Officer shall be responsible for any such loss or damage,
unless he causes such loss or damage negligently, maliciously or
fraudulently.
54. Payments to be made by claimant before timber is delivered to

25
him :– No person shall be entitled to recover possession of any timber
collected or delivered as aforesaid until he has paid to the Divisional Forest
Officer or other person entitled to receive it, such sum on account thereof
as may be due under any Rule made under Section 55.
55. Power to make rules and prescribe penalties :– (1) The State
Government may make rules to regulate the following matters, namely :
(a) the salving, collection and disposal of all timber mentioned in
Section 49;
(b) the use and registration of boats used in salving and collecting
timber;
(c) the amounts to be paid for salving, collecting, moving, storing
or disposing of such timber; and
(d) the use and registration of hammers and other instruments to
be used for making such timber.
(2) In making any rule under this Section, the State Government
may provide that a breach thereof shall be punishable with imprisonment
which may extend to one year 1[and with fine] which may extend to one
thousand rupees 2[***]

3
[CHAPTER - VII-A]
PROVISIONS RELATING TO SANDAL WOOD
55-A. Sandal-trees to be exclusive property of State Government :–
(1) Notwithstanding anything to the contrary contained in any law, contract,
grant or other instruments but save as provided in Section 55-B.
(i) all sandal trees which may grow in any land on or after the
date of commencement of the Odisha Forest (Amendment)
Act, 1990; and
(ii) all sandal trees existing on any land prior to the commencement
of the Odisha Forest (Amendment) Act, 1990
shall be the exclusive property of the State Government.
(2) Where, in any proceedings taken under this Act, a question arises
as to whether any sandal wood is the property of the State Government,
it shall, until the contrary is proved, be presumed to be the part of a sandal
tree which was the exclusive property of State Government under Sub-
Section (1), and in the case of any prosecution, the burden of proving the
contrary shall lie on the accused.
55-B. Disposal of sandal-wood belonging to private persons :– (1)
Any person who by terms of his title to the land, grants or by judicial
decision or otherwise, was prior to the commencement of the Odisha
Forest (Amendment) Act, 1990, legally entitled to the sandal trees in his
1. Substituted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
2. Deleted by ibid.
3. Inserted vide Odisha Ext. Gazette No. 2037/Legis., Dt. 14.12.1990.

26
lands, shall not fell or sell any such sandal trees.
(2) The Divisional Forest Officer concerned may cause any such
sandal tree or trees occurring in such lands to be cut or uprooted and sold
and in the event of such sale, proceeds thereof shall be paid to the person
referred to in Sub-Section (1) after deducting the expenses incurred for
felling and selling the three and such payment shall be deemed to have
been made towards the full satisfaction of compensation for that tree.
55-C. Regulation, sale and manufacture of sandal-wood and sandal-
wood oil :– (1) No person shall possess, store or sell or attempt to store or
sell sandal wood or disintegrate or attempt to disintegrate sandal wood in
mills or by other contrivance, manufacture or distil or attempt to manufacture
or distil oil from sandal woods except under a licence obtained from a
Forest Officer empowered in this behalf on payment of such fees and
subject to such restrictions and conditions, as may be prescribed;
Provided that no such licence shall be necessary for possession of
sandal wood up to two kilogram for bona fide domestic use.
1
[(2) Whoever contravenes the provisions of Sub-Section (1) shall,
on conviction, 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.]
55-D. Responsibility of occupants and holders of land for preservation
of sandal-trees :– (1) Every occupant or holder of land shall be responsible
for the due preservation of all sandal trees growing thereon which are the
exclusive property of the State Government, and shall, in the event of any
damage to any such tree from whatever cause or its theft, report such
fact to the nearest Forest Officer or Police Officer as soon as possible.
(2) Any occupant or holder who fails to report any such case of
damage or theft as aforesaid to such officer and unless adjudged by a
Forest Officer not lower in rank than the Divisional Forest Officer that
such damage or theft was not caused either by his own act or by any
neglect or default on his part or by any other person at his instigation or
with his connivance shall, notwithstanding any other penalty to which he
may be liable, to pay the State Government such compensation on account
of such damage or theft, as the Divisional Forest Officer, may deem
reasonable.
Explanation :— The word damage used in this section includes the
lopping of branches of the tree.
55-E. Penalty for offence in regard to sandal-wood :– In any case of
a forest offence having reference to the cutting uprooting or removal or
damage to a sandal tree or any part of a sandal tree belonging to
Government, the offender shall on conviction be punishable with
imprisonment for a term 1[which shall not be less than three years but may
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt.5.5.2003.

27
extend to seven years] and with fine which may extend to ten thousand
rupees.]
CHAPTER - VIII
PENALTIES AND PROCEDURE
1
[55-AA. Minimum punishment to be imposed :– Unless for sufficient
reasons to be recorded in writing, the Court passing an order of conviction
for an offence under this Act or the Rules made thereunder [other than an
offence under Sub-Section (2) 2(or Sub-Section (3) of Section 27 or Sub-
Section (2) of Section 46 or Section 55-C or Section 55-E or Section 67)
or under Section 83] imposes a lesser punishment, the minimum punishment
to be imposed on such conviction shall be imprisonment for a period of
two months together with a fine of an amount equal to fifty per cent of
the maximum fine provided for the offence.]
56. Seizure of property liable to confiscation :– (1) When there is
reason to believe that a forest offence has been committed in respect of
any forest produce, such produce, together with all tools, ropes, chains,
boats, vehicles or cattle used in committing any such offence may be
seized by any Forest Officer or Police Officer.
(2) Every Officer seizing any property under this Section shall place
on such property a mark indicating that the same has been so seized and
shall, as soon as may be, except where the offender agrees in writing to
get the offence compounded 3[under Section 72] 4[either produce the
property seized before an officer not below the rank of an Assistant
Conservator of Forests authorised by the State Government in this behalf
by notification (hereinafter referred to as the authorised officer] or make a
report of such seizure to the Magistrate having jurisdiction to try the offence
on account of which the seizure has been made :
Provided that when the forest produce with respect to which such
offence is believed to have been committed is the property of Government
and the offender is unknown, it shall be sufficient if the officer makes, as
soon as may be, a report of the circumstances to his official superior and
the Divisional Forest Officer.
2
[(2-a) When an authorised officer seizes an forest produce under
Sub-Section (1) or where any such forest produce is produced before him
under Sub-Section (2) and he is satisfied that a forest offence has been

1. Re-numbered vide Odisha Ext. Gazette No. 2037/Legis.-dt.15.12.1990.

2. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. OG.E. No. 660,
dt. 5.5.2003.
3. Inserted ibid.
4. Inserted vide Odisha Act 9 of 1983-See O.G.E. No. 444-D/18.4.1983.
5. Substituted ibid.

28
committed in respect thereof, 5[he shall] order confiscation of the forest
produce so seized or produced together with all tools, ropes, chains, boats,
vehicles or cattle used in committing such offence.
(2-b) No order confiscating any property shall be made under Sub-
Section (2-a) unless the person from whom the property is seized is given—
(a) a notice in writing informing him of the grounds on which it is
proposed to confiscate such property;
(b) an opportunity of making a representation in writing within
such reasonable times as may be specified in the notice against
the grounds for confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(2-c) Without prejudice to the provisions of Sub-Section (2-b) no
order of confiscation under Sub-Section (2-a) of any tool, rope, chain,
boat, vehicle or cattle shall be made if the owner thereof proves to the
satisfaction of the authorised officer that it was used without his knowledge
or connivance or the knowledge or connivance of his agent, if any, or the
person in charge of the tool rope, chain, boat, vehicle or cattle, in committing
the offence and that each of them had taken all reasonable and necessary
precautions against such use.
(2-d) Any Forest Officer not below the rank of a Conservator of
Forests empowered by the Government in this behalf by notification, may,
within thirty days from the date of the order of confiscation by the authorised
officer under Sub-Section (2-a), either suo motu or on application, call for
and examine the records of the case and may make such inquiry or cause
such inquiry to be made and pass such order as he may think fit :
Provided that no order prejudicial to any person shall be passed
without giving him an opportunity of being heard.
(2-e) Any person aggrieved by an order passed under Sub-Section
(2-a) or Sub-Section (2-d) may, within thirty days from the date of
communication to him of such order, appeal to the District Judge having
jurisdiction over the area in which the property has been seized, and the
District Judge shall, after giving an opportunity to the parties to be heard,
pass such order as he may think fit and the order of the District Judge so
passed shall be final.]
(3) The property seized under this section shall be kept in the custody
of a Forest Officer or with any third party, until the compensation for
compounding the offence is paid or until an order of the Magistrate directing
its disposal is received.
1
[Provided that the seized property shall not be released during
pendency of the confiscation proceeding or trial even on the application of
1. Added vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt.5.5.2003.

29
the owner of the property for such release.]
Explanation :— For the purposes of this Section and Section 59,
cattle shall not include buffaloes, bulls, cows, calves and oxen.
NOTES
(1) Section 56 - Seizure of vehicle, seizes and planks belonging to
the petitioner by Forest Officials–Initiation of confiscation proceeding–
Authorised Officer closed the proceeding and directed release of seized
vehicle and articles on the ground that produce seized do not attract the
provisions of Forest Act–Petitioner filed writ petition claiming compensation
for the illegal seizure and detention of the vehicle–No malafide shown on
behalf of the Forest Officials and initiation of confiscation proceeding was
in accordance with law–Held, claim of compensation not tenable : (2012)
51 OCR - 352.
(2) Section 56 - Seizure of vehicle for transportation of Sal and
Kurum planks without T.T. Permit-confiscated by authorised officer–Appeal
was dismissed by District Judge–Vehicle was seized by Police and handed
over to forest department–Enquiry was conducted by the Forester–Rule
4(2) of Odisha Forest (Detection, Enquiry and Disposal of Forest Offences)
Rules, 1980 not complied with–Confiscation order sed-aside–Vehicle
released in favour of petitioner : (2012) 51 OCR - 258.
(3) Section 56 - Odisha Timber and Other Forest Produce Transit
Rules, 1980 - Rule 4 - Transportation of teak logs - No document produced
in support of such transportation - Confiscation proceedings - Appeal against
order of confiscation passed by Authorised Officer allowed - Writ - Findings
of fact arrived at by the appellate authority on examination of the oral and
documentary evidence - High Court in a writ petition has hardly any
jurisdiction to disturb the said finding of fact unless it is proved that such
finding is perverse and without any evidence to support the same - Rule
4(2) of the 1980 Rules has also not been followed in the manner prescribed
under the Rule : 2012 (I) OLR 933, (2012) 52 OCR - 511.
(4) Section 56 - Confiscation proceeding - Petitioner claim that no
forest produce was seized - Doors, which are finished products, belonging
to them, were found in the seized vehicle - Authorised Officer found that
sizes and planks shown to have been seized in the seizure list were in fact
dismantled parts of the doors - Held, seized articles are finished products
for which the seizure itself has been held to be unjustified - Reassembling
dismantled sizes and planks to doors would involve availing of services of
carpenter - Petitioners have to incur expenses for the same - Cost to
reassemble 8 nos. of doors is assessed at Rs. 2400/- Direction issued :
2012 (I) OLR 433, (2012) 51 OCR - 349.
(5) Section 56 - Confiscation proceedings - Appellate authority set
aside the confiscation proceeding holding that the forest department failed
to adduce evidence regarding commission of forest offence - Writ - Appellate
authority has jurisdiction to consider an appeal by re-appreciation of evidence
on record - Both questions of law as well as fact may be dealt with in
appeal - Little scope for re-appraisal of evidence in a writ proceeding -

30
Discussing the facts, findings and evidences held Authorised Officer does
not appear to have considered such evidence which squarely supports the
owner’s plea that seized wood were dismantled parts of old wooden
furniture - State has failed to make out any cogent ground for interference
- Direction issued - Cost assessed at Rs. 5,000/- payable to the owner :
2012 (Supp. I) OLR - 539, (2012) 51 OCR - 267.
(6) Section 56 - Vehicle seized for committing offence under the
Act, 1972 - Order of confiscation of the vehicle - Writ with prayer to
deliver the vehicle on depositing cost as assessed - Held, O.P. No. 3 may
assess the value of the aforesaid vehicle and send the same to O.P. No. 2-
It will be open for the O.P. No. 2 to release the vehicle in favour of the
petitioner on his depositing the value of the vehicle, as assessed by the
O.P. No. 2 : 2010 (I) OLR 16 : 109 (2010) CLT 599.
(7) Sections 56, 64 - Odisha State Financial Corporation Act, 1951
- Confiscation proceeding - Vehicle financed by O.S.F.C. and under hire
purchase agreement - Release of the sale proceeds - Discussing the facts,
contention and provisions of law held, by virtue of the provision in Section
56 read with Section 64(2) of the Act, 1972, the action taken for
confiscation of the vehicle cannot be extended to grant protection of the
loan advanced by the O.S.F.C. : 2008 (I) OLR (FB) 796 : AIR 2008 Ori.
119 : (2008) 40 OCR 52.
(8) Section 56 - Vehicle seized for illegal transportation of Arguna
Kanda - Confiscation proceeding - Release of vehicle - Relying in the case
reported in 2003 (II) OLR 530, direction for release of vehicle on conditions
stated : 2007 (II) OLR 605 : (2007) 38 OCR 276 : CLT (2007) Supp. Crl.
1258.
(9) Section 56 - Odisha Saw Mill and Saw Pits (Control) Act - Sec.
13 - Odisha Timber other Forest Produce Transit Rule Rules - 21 - Cognizance
of offence under - Submission that Sec. 56 of the Odisha Forest Act and
Sec. 13 of Odisha Saw Mill and Saw Pits (Control) Act not being penal
section, the Court below ought not have taken cognizance against the
petitioner under those sections - Held, those two sections are not penal
sections - Cognizance taken thereunder is quashed - Order taking cognizance
under Rule 21 of the O.T.T. Rules passed by the Trial Court is confirmed :
2007 (ll) OLR 97 : (2007) 37 OCR 349 : CLT (2007) Supp. Crl. 558.
(10) Section 56 - Confiscation - No notice given to owner before
confiscation - Matter raised before Authorised Officer and appellate authority
- Said question not considered in its proper perspective - Writ - Held, no
proper notice was given to the petitioner before the vehicle was directed
to be confiscated - Confiscation proceeding set aside - Direction issued :
2006 (ll) OLR 78 : (2006) 34 OCR 712.
(11) Section 56 - Confiscation of vehicle - Vehicle in question was
involved in commission of a forest offence - Requirement of section casts
a burden on the owner to prove to the contrary and the findings arrived at
by the lower courts clearly indicate that neither the Authorised Officer nor
the appellate authority were satisfied by the evidence led by the owner -
Held, a forest offence has been committed - No further consideration -
Order passed by the Authorised Officer and the appellate authority

31
confirmed : 2006 (Supp.- II) OLR 346 : (2006) 35 OCR 558.
(12) Section 56 - Odisha Timber and Other Forest Produce Transit
Rules, 1980 - Rules 4, 12 and 14 - Vehicle seized for carrying sal leaves -
Confiscation proceedings - Writ - Any person who collects sal leaves which
are found outside the forest and does not bring leaves from the forest
does not commit any offence - Vehicle was intercepted on the main road
and there is no allegation by the prosecution that the vehicle was carrying
leaves which were collected from the forest - Held, sal leaves seized from
the petitioner’s vehicle cannot be treated as forest produce - Confiscation
proceeding in the present case cannot be upheld : 2006 (II) OLR 109 :
(2006) 34 OCR 641 : 102 (2006) CLT 65 : 2006 Cri.L.J. 3718 (Ori.).
(13) Section 56 - Transportation of mango planks - No valid document
or Timber Transit Permit for transporting such planks - Order of confiscation
- District Judge on appeal by O.P. No. 1 imposed fine instead of confiscation
of the seized truck - Writ - When subject of confiscation is found liable for
confiscation, then in absence of specific provision in the statute, a Court
cannot allow release of such articles on payment of fine - Provision of law
in the section does not provide for imposition of fine in lieu of confiscation
- Order of District Judge being illegal and contrary to the Statutory provision,
the same is set aside and order of confiscation of the Authorised Officer is
maintained : 2006 (Supp.-I) OLR 920 : (2006) 34 OCR 714.
(14) Section 56 - Odisha Timber and Other Forest Produce Transit
Rules (1980), Rule 4 - Forest Offence - Alleged transportation of kendu
leaves without T.T. Permit - Claim of dept. of alleged transportation
supported by statement of driver and other documents on record and
never refuted by owner of vehicle - Case for violation of Rule 4 of T.T.
Rules thus established - Mere non-examination of Police Officer, who initially
seized truck or non-mentioning details of allegations in notice to petitioner
- Would be of no consequence : 2006 Cri.L.J. 1337 (Ori.) : 2005 (Supp.)
OLR 921.
(15) Section 56(2) - Truck found carrying processed kendu leaves
without valid documents and T.T. permit - Confiscation proceedings -
Confiscation order passed - Appeal before District Judge dismissed - Writ
- In a proceeding under the Sec., the Department has to simply show
prima facie materials indicating involvement of the concerned vehicle in a
forest offence - If such onus is discharged by the Department, then the
burden shifts on the owner of the vehicle to establish that he had no
knowledge or connivance in commission of the forest offence and that he
had taken all reasonable and necessary precaution against misuse of the
vehicle by the driver or his agent - In the present case facts / statement
shows that driver had been authorised to transact the business of the
truck during the absence of the owner - Once this was established and
once the petitioner offered no evidence to show that he had taken
reasonable and necessary precaution against use of vehicle in any illegal
work, the protection provided under Sec. 56 Sub-Sec (2-c) was not available
- Sec. 56(2) of the Act nowhere contemplates that fine can be imposed in
lieu of confiscation of the offending vehicle : 2005 (Supp.) OLR 921 :
(2005) 32 OCR 372.

32
 (16) Section 56 - Odisha Forest Produce Transit Rules, 1980 - Rule
- 4 - Vehicle seized by the Forest Officials alongwith timbers for violation
of the provisions - Order of confiscation of vehicle as also the timbers to
the State - Plea of petitioner that the driver due to threat at the point of
Bhujali loaded the timbers - Held, no material with regard to threat - No
report lodged before the Police - No plausible explanation is forthcoming
as to why the driver did not do so - Petitioner to substantiate his stand has
examined no independent witness - No cogent reason to interfere : 2005
(Supp.) OLR 507 : CLT (2005) (Supp.) (Cri.) 226.
(17) Sections 56, 64 - Procedure for confiscation against a vehicle -
Confiscation not to be subject to satisfaction of any encumbrances - Claim
of petitioner of hypothecation of the confiscated vehicle - Scope of - Case
issue to be referred to Larger Bench : 99 (2005) CLT 38 : 2004 (II) OLR
627.
(18) Sections 56, 64 - Confiscated vehicle - Release of sale proceeds
in discharge of loan liability - When a proceeding for confiscation is
undertaken, under Sec. 56 of the Act against a vehicle, at that stage,
there is no debaring provision in that section or any other provision in that
Act to make the order of confiscation subject to satisfaction of any
encumbrances - Property confiscated under Sec. 56 shall vest in the State
Government free from all encumbrances - Hypothecated vehicle remained
as a charge for discharge of loan amount - If sale proceeds is to be released
for repayment of loan, then that negatives the purpose of Section 56
inasmuch as the loanee-cum-the registered owner of the hypothecated
vehicle gets the reward of repayment of his loan which otherwise would
have been an additional burden on him - Order referring the issue to a
Larger Bench : 2004 (II) OLR 627 : (2004) 29 (OCR) 875.
(19) Vehicle confiscated under Sections 56 and 64 - sale proceeds
released in discharge of loan liability - There is no debarring of provision in
that section to make ten order to confiscation subject to the satisfaction
of any encumbrance when proceedings for confiscation of a vehicle is
undertaken under Sec. 56 of the Act - property confiscated under the said
section vests with the State Government free from all encumbrance whereas
hypothecated vehicle remains as a charge for discharge of the loan amount
- It is an admitted benefit to the owner of the vehicle - Order referred to a
larger Bench for decision - 2004(II) OLR-627.
(20) Section 56 - Truck found carrying 92 pieces of teak planks -
owner of the truck taking plea before authorised officer in confiscation
proceeding that the illegal transportation was without her knowledge or
connivance - plea not sustainable unless cogent evidence is produced -
Owner of the truck would be liable for any act of commission or omission
of the driver - Hon’ble Court confirmed the order of confiscation of the
truck passed by the authorised officer - (2003) 23 OLR-458.
(21) Confiscation of vehicle under Sec. 56 - It should be proved by
the owner that the vehicle was, so used without his knowledge or
connivance or the knowledge or connivance of his agent - Moreover, he
should also prove that he and his agent had taken all reasonable precaution
against commission of forest offence - In the instant case owner admitted

33
that the driver had committed the offence - 2002(II) OLR-216.
(22) Section 56 - Confiscation of vehicle - Owner to prove that the
same has been used without his knowledge or connivance or the knowledge
or connivance of his agent, if any, or the person in charge of the article in
question - To escape the order of confiscation it must be further proved
that each of the concerned persons had taken all reasonable and necessary
precautions against use of the vehicle in question in respect of forest
offence - In the present case owner admitting that the vehicle was managed
by driver - Owner liable for any act or omission committed by driver : 2002
(II) OLR 216 : (2002) 23 OCR 458 : 94 (2002) CLT 290 : 2002 Cri.L.J.
3913 (Ori).
(as amended in 1983) - Sec. 56 (before and after amendment) and
sec. 57 - Distinction between prior and after amendment of Sec. 56
explained - After amendment two courses are open, one before Magistrate
and another before the authorised officer - All these matter relate seizure
and confiscation - Interim order as to custody for release can be made by
the officer who made the order of confiscation - In the instant case the
Conservator of Forests has no power to pass interim order of custody -
The authorised officer can pass such order - Direction given : 2001 (I) OLR
613 : (2001) 21 OCR 111.
(23) Section 56 — Though prima facie such submission may appear
to be attractive, on deeper scrutiny, this cannot be accepted, Section 57
itself provides that the officer may release the property on the execution
by the owner of the property, a bond for production of the property released,
if and when so required, before the Magistrate having jurisdiction to try
the offence on account of which science has been made. However the
expression which has been inserted by Odisha Act 9 of 1983 to the effect,
and where a report of such seizure has been made to the Magistrate under
Sub-Section (2) of that section, makes it clear that the power of release
can be exercised only when such seizury has been made to Magistrate
under Sub-Sec. (2) of Sec. 56 and not otherwise. This becomes more
clear in view of the latter portion of Sec. 57 to the effect that the property
is to be released on execution by the owner of a land for production of
property so released if and when so required before the Magistrate having
jurisdiction to try the offence. In other words, where the seizure has not
been reported to the Magistrate, Sec. 57, by virtue of its plain languages
is not applicable. It has to be noticed that under Sec. 56(2) as it stood
before amendment effected by Odisha Act of 1983, seizure was required
to be reported to the Magistrate having jurisdiction to try the offence,
except where the offence was to be compounded. In other words, all
seizures except where the offence was being compounded by the
department, itself, were required to be reported to the Magistrate and the
offences were required to be tried by him. The insertion of the expression
and where a report of such seizure has been made to Magistrate under
Sub-Sec. (2) of that section in Sec. 57 was found necessary in view of the
amendment effected in Sec. 56(2) by Odisha Act a of 1983, where, for
the first time the following was inserted in Section 56(2).
(either produce the property seized before an officer not below the

34
rank of an Assistant Conservator of Forests authorised by the State
Government in this behalf by notification (herein after referred to as the
authorised officer), or,
In fact, by Odisha Act 9 of 1983, procedures relating to confiscation
by the authorised officer and other provisions relating to appeal, etc. were
inserted in the shape of Sec. 56 (2-a) to (2e). In other words in addition to
or in lieu of question or trial by Magistrate the Act has not contemplated a
separate confiscation proceeding before the Authorised Officer. After the
amendment in 1983, if a seizure is made, the officer seizing such property
may produce the property seized before the authorised officer and/or make
a report of such seizure to the Magistrate having jurisdiction to try the
offence. Sec. 56 (2a) envisages that where such forest produce is seized
by the authorised officer under Sub-Sec. (1) or is produced before him
under Sub-Sec. (2) he may order confiscation of such forest produce so
seized or produced together with all tools, ropes, chains, boats, vehicles,
or cattle used in committing such offence, subject to other conditions as
envisaged in Sub-Sections (2-b) and 2-c) being fulfilled, if Section 57 would
have continued to remain as such without any amendment, the general
power of release of property could have been exercised by the concerned
officer as indicated in Sec. 57. However, the insertion of that section of
the expression and where a report of such seizure has been made to
Magistrate under Sub-Sec. (2) of that section, makes it clear that such
power of release can be exercised only where the seizure is reported to
the Magistrate and the property is to be released with a direction to produce
the same before the Magistrate as and when required by the Magistrate,
where seizure is not reported to the Magistrate and the property is produced
before the Authorised Officer, such a contingency would not arise.
The question would arise as to whether the property seized by the
authorised officer or produced before the authorised officer can at all be
released before conclusion of a confiscation proceeding before the
authorised officer. It is, of course, true that in view of the interpretation
already given to Section 57, the question of interim release of the property
by the authorised officer before whom confiscation proceeding is pending
would not be governed by Sec. 57. However, that would not prevent the
authorised officer to consider giving interim release of the property or the
vehicle, since it is the authorised officer who can direct confiscation other
conclusion of the proceeding it can be concluded that he has got ancillary
or implied power to deal with the matter relating to custody of property
during pendency of the proceeding. However, where the authorised officer
is already in seisin of the property, any other statutory authority envisaged
under Sec. 57 cannot direct release of the property or vehicle.
It was also contended that since the Conservator of Forests can
exercise suo motto power of revision being moved by any person under
Section 56(2d) after the order of confiscation, as a revisional authority, it
must be taken that he has got power to pass any order even during the
pendency of confiscation proceeding. The revisional order envisaged is
Sec. 56(2a) is only confined to final order of confiscation and there is no
such revisional power in respect of any other order. There cannot be any

35
dispute that the authorised officer, while acting under Sec. 56(2a) or the
Conservator of Forests, while acting under Sec. 56(2-d) acts as a quasi
judicial authority and the orders of such authority are subject to the appellate
jurisdiction of the District Judge having jurisdiction. However, this revisional
jurisdiction and the appellate jurisdiction of the District Judge are relatable
to final confiscation order. It is of course true that when matter comes to
them either in revision or in appeal as contemplated in Sec. 56(2-d) and
56(2-e), they can pass any interim order relating to custody of the property/
vehicle or otherwise. However, it cannot be said that they have an authority
while the matter is still pending before the authorised officer.
In such view of the matter, it would not be proper to give a direction
to give effect to the order passed by the Conservator of forests. However,
the authorised officer is now directed to consider the question of interim
release of the vehicle of the petitioner. It is further directed that whether
interim release of the vehicle is given or not, the confiscation proceeding
itself should be finalised as soon as possible.
Subject to the aforesaid observations, the writ application is disposed
of- There will be no order as to costs - (2001) 21 OCR-111.
(24) Section 56 (before and after amendment) and after amendment
of Sec. 56 explained — After amendment, two courses are open, one
before Magistrate and another before the authorised officer - All these
matters relate to seizure and confiscation - Interim order as to custody for
release can be made by the officer who made the order of confiscation - In
the instant case, the Conservator of Forests has no power to pass interim
order of custody - The authorised officer can pass such order.
If Sec. 57 would have continued to remain as such without any
amendment, the general power of release of property could have been
exercised by the concerned officer as indicated in Sec. 57. However, the
insertion in that section of the expression (and where a report of such
seizure has been made to Magistrate under Sub-Sec. (2) of that section
makes it clear that such power of release can be exercised only where the
seizure is reported to the Magistrate and the property is to be released
with a direction to produce the same before the Magistrate as and when
required by the Magistrate, where seizure is not reported to the Magistrate
and the property is produced before the authorised officer, such a
contingency would not arise.
The question would arise as to whether the property seized by the
authorised officer or produced before the authorised officer can at all be
released before the authorised officer. It is of course, true that in view of
the interpretation already given to Sec. 57 the question of interim release
of the property by the authorised officer before whom confiscation
proceeding is pending would not be governed by Sec. 57. However, that
would not prevent the authorised officer to consider giving interim release
of the property or vehicle since it is the authorised officer who can direct
confiscation after conclusion of the proceeding, it can be concluded that
he has got ancillary or implied power to deal with the matter relating to
custody of the property during pendency of the proceeding. However,

36
where the authorised officer is already in seisin of the property, any other
statutory authority envisaged under Sec. 57 cannot direct the release of
the property or vehicle.
It was also contended that since the conservator of forests can
exercise suo motu power of revision, being moved by any person under
Sec. 56(2-a) after the order of confiscation as a revisional authority, it
must be taken that he has got power to pass any order even during the
pendency of confiscation proceeding. The revisional order envisaged in
Sec. 56(2-a) is only confined to final order of confiscation and there is no
such revisional power in respect of any other order.
There cannot be any dispute that the authorised officer, while acting
under Section 56(2a) or the Conservator of Forests, while acting under
Sec. 56(2-d) acts as a quasi-judicial authority and the orders of such
authorities are subject to the appellate jurisdiction of the District Judge,
having jurisdiction. However, this revisional Jurisdiction and the appellate
Jurisdiction of the District Judge are relatable to final confiscation orders.
It is of course true that when matter comes to them either in revision or in
appeal as contemplated in Sec. 56(2d) and 56(2-e), they can pass any
interim order relating to custody of the property/vehicle or otherwise.
However, it cannot be said that they have any authority while the matter
is still pending before the authorised officer.
In such view of the matter, it would be proper to give direction to
give effect to the order passed by the Conservator of Forests. However
the authorised officer is now directed to consider the question of interim
release of the vehicle of the petitioner. It is further directed that whether
interim release of the vehicle is given or not, the confiscation proceeding
itself should be finalised as soon as possible - Subhranta Vrs. State -
2001(I) OLR-613.
(25) Section 56 - Confiscation proceedings with regard to
transportation of contraband forest produce - Challenged by the petitioner
(owner of vehicle) on the ground that he had no knowledge of his vehicle
being so used for commission of forest offence — In view of the statement
under Section 161 Cr.P.C. that he had authorised the driver to carry woods
on hire, the above plea is not tenable - More so, whether the owner or the
driver had necessary knowledge or not or whether they had connived or
not are all questions of disputed facts, which cannot be entertained under
writ jurisdiction - The order of the authorised officer directing interim release
of vehicle was not interfered with - 1999 Cri.L.J.-2612 (Odisha).
(26) Section 56 - Authorised Officer, the DFO made confiscation of
vehicle - Necessary provision excludes mensrea as an essential condition -
It must be proved by the owner of the vehicle that forest produce were
carried in his vehicle with his knowledge and he had taken precaution - It
is not necessary that no order of confiscation be passed on the factum of
seizure of forest produce, is established - Position of law explained- the
vehicle can be confiscated, even of the owner be acquitted - The scope
and purpose of Rule 21 and Sec. 56 are entirely different - Principles
enunciated - 1998 (15) OCR-49.

37
 (27) Section 56-143 pieces of sal wood was seized from a vehicle
having no transit permit - Under Section 161 Cr.P.C. statement, the owner
of the vehicle should that he had authorised the driver to carry the same
on hire - In this context, the plea of the owner that he had no knowledge
of the same cannot be accepted - It rests on the appreciation of evidence,
whether the same is sufficient to establish the case against the petitioner
by the authorised officer - 1998(15) OCR-366.
(28) Sections 56 - Confiscation proceedings - Power of appellate
authority - Can be exercised only against “confiscation order” of authorised
officer - Order of authorised officer releasing goods is a “non-confiscation
order” - Appeal against - Cannot be entertained by conservator of forests :
1998 (II) OLR 646 : AIR 1999 Ori. 37.
(29) Confiscation proceeding under Section 56 - On the finding that
the person was found to be in illegal possession of seized forest produce
authorised officer passed order of confiscation - The same was supported
by other materials on record- Confiscation order upheld - 1994(7) OLR-36.
(30) Section 56 - Seizure of forest produce without any hammer
mark and the person possessing the same failed to produce any document
for such lawful possession - Confiscation proceedings started and the
Magistrate having jurisdiction to try such offence was informed - Authorised
officer is competent to place order of confiscation and not the Magistrate
- Thus such confiscation order was upheld - 1994(7) OLR-36.
(31) Section 56 - Police Officer seized the vehicle and not the Forest
Officer Application seized the made for the release of the vehicle - It was
held that the Magistrate has the Jurisdiction and power to dispose of the
matter - 1988(1) OLR-116.
(32) Section 56 - The petitioner was the owner of the truck, involved
in a forest offence and was seized by a Police Officer - The petitioner
made an application for release of the truck to the Magistrate but the
Magistrate came to the conclusion that he has no jurisdiction in view of
the amendment of Sec. 56 of the said Act — The Court held that when a
vehicle is seized by a Police Officer and not by the authorised Forest
Officer and produced before the Magistrate, the Magistrate has got the
competence to pass necessary orders for the same - 1988(II) OLR-195.
(33) Confiscation of vehicle under Sub-Sec. (1) and (2a) of Sec.
56— It is necessary that the authorised officer should record his satisfaction
that a forest offence has been committed while confiscating the vehicle,
used in such commission - 1987 (II) OLR-169.
Before making any confiscation order for any forest produce seized
the authorised officer should be satisfied about such commission - Any
non compliance makes the order bad in law.
(34) Sections 56 and 57 — Forest Officer seized the vehicle and
proceedings under Sec. 56(2a) pending authorised officer rejected the
petition under Sec. 57 for interim release of the vehicle - Remedy under
Secs. 397, 401 and 482 of Cr.P.C., not maintainable - 1987(II) OLR - 33.
(35) Amended Section 56 — The vehicle carrying forest material
was confiscated by the D.F.O. - In appeal, such confiscation order vacated-

38
Direction for prohibiting other transport contractors from carrying forest
materials, alleged to be involved in offence, issued such other in without
jurisdiction.
The Divisional Forest Officer excluded his jurisdiction by issuing a
direction that because some persons for their alleged involvement in forest
offence, should not be engaged as transport contractors. Such a direction
seems to be arbitrary. It has also been brought to our notice that such
confiscation order has been vacated in appeal and the proceeding has not
been adjudicated finally. It should be borne in mind by the forest Officers
that they should act within the ambit of their jurisdiction as vested by Law
1985(1) OLR-130.
(36) Seizure of vehicle along with forest produce — Under the Criminal
Procedure Code, the Magistrate cannot exercise power to release the
same— 1984 CLR-147; 1985 Cr.L.J.-984.
(37) Sections 56(2-a) - ‘Produce’ - The term ‘produce’ means the
seized articles being made available to the Authorised Officer for the purpose
of consideration of the matter relating to confiscation or release of the
seized article in favour of bona fide claimant : 2006 (Supp.- I) OLR 490 :
(2006) 34 OCR 719 : 102 (2006) CLT 344 : 2006 Cri.L.J. 3596 (Ori.)
(38) Section 56(2-a) - Timber and Other Forest Produce Transit Rules,
1980 - Rule 4, 12 and 21 - Jeep seized for illegal transportation of hand
sawn sal - Order of confiscation - Discussing the facts and provisions of
law held, factum of seizure is an admitted fact - Case for committing a
forest offence by carrying such hand sawn sal seized without valid transit
permit makes out the case of the Department in support of the order of
confiscation - Petitioner utterly failed to prove that his vehicle was used
without his knowledge or connivance or the knowledge or connivance of
the driver - Order of confiscation does not suffer from any illegality,
perversity or jurisdictional error : 2005 (I) OLR 132 : 2005 Cri.L.J. 1928
(Ori.).
(39) Section 56(2-a) Forest Office Violation of Rules 4, 5, 12 of
Odisha Timber Transit Rules, 1980 - Illegal transportation of forest products
- Confiscation of vehicle involved - price of seized articles calculated at
Rs.10,000/-. For release of vehicle fine of Rs.20,000/- imposed - (Mrs.)
Sailabala Bock and others Vrs. The Authorised Officer-cum-Assistant
Conservator of Forest, Keonjhar Division, Keonjhar and others - 95(2003)
CLT-261.
(40) Vehicle to be produced as and when required by the Authorised
officer or by the Magistrate trying the offence in the confiscation proceeding
or the trial of the offence - Vehicle to be released on furnishing of cash and
property security and a bond in terms of the section - 2003(I) OLR-530.
(41) Sections 56 and 64 - Read with Odisha State Financial
Corporation Act, 1951 - Section 29 - Truck hypothecated by O.S.F.C.
seized by forest officials confiscation under the Forest Act, Held when a
proceeding for confiscation is undertaken under Section 56 of the Act
against a vehicle for committing any forest offence at that stage, there is
no debarring provision in that section or any other provision in that Act to

39
make of confiscation subject to satisfaction of any encumbrances.
Property confiscated under Section 56 shall vest in the State
Government free from all encumbrances. Therefore, in the context of claim
of the petitioner of hypothecation of the confiscated vehicle the provision
in Section 56 has to be read together with provision in Sub-Section (2) of
Section 64 of the Act - (2004) 29 OCR-875; 2004(II) CLR-627.
(42) Section 56(2-a) - Confiscation proceeding under - Confiscation
order confirmed in appeal - Writ petition challenging the proceeding and
the appellate order - Appreciation of evidence on record by the writ court
- Held, no illegality done by the authorised officer - 93 (2002) CLT-498.
(43) Section 56(2-a) - Order of confiscation - Not free from
encumbrances Loan advanced by O.S.F.C. keeping the vehicle confiscated
on a charge - O.S.F.C. has a right to recover the same, treating the loan as
public demand - 93 (2002) CLT - 499.
(44) Section 56 (2-a) - Truck purchased on availing loan from Odisha
State Financial Corporation - Truck used for the purpose of illegally
transporting forest produce - Truck under proceedings of the Act, directed
to be confiscated - O.S.F.C. dues remained unpaid - Whether O.S.F.C.
would be deprived of getting their money ? - State Financial Corporation
an instrumentality of the State - Facts stated on recovery of dues when
co-lateral security available and when loan amount treated as a charge -
Loan advanced can be treated as a public demand as per O.P.D.R. Act and
being treated as a charge, any confiscation of the vehicle shall be subject
to the charge of O.S.F.C. : 2002 (I) OLR 331 : 93 (2002) CLT 498 : AIR
2002 Ori. 130.
(45) Provisions under Section 56, Sub-Sections 2(a), 2(d), 2(e) and
2(4) explained - Order in case of confiscation or non-confiscation is
appealable to the District Judge - The conservator of forest has got no
appellate power against an order of non-confiscation under Sub-Section
2(a) - He can call for record of the case for examination, in case of
confiscation made by the authorised officer - That power can be exercised
suo motu or on an application - The impugned order, in the instant case
quashed and the order of authorised officer confirmed 1998 (15) OCR-
310.
(46) Section 56 (2a) - District Judge having jurisdiction in the area
has to decide the appeal and not the Sessions Judge - He may be holding
both the posts, but in order to avoid future complications he has to dispose
of the appeal as a District Judge,
As per the interpretation of Sub-Sec. (2-e) of Sec. 56, the District
Judge alone is competent to deal in the appeal - Therefore a case (appeal)
disposed of by another Judge is illegal - 1992(II) OLR-300.
(47) Section 56(2) - Bags of Kendu leaves was detected at Sambalpur
booked for Bombay - This, amounting to inter - district movement, provisions
of Sec. 56(2) attracted.
It was held in a recent decision (i.e. State of Odisha Vrs. Kiran
Sankar Panda - 71 (1991) CLT-187) it was held that if a forest offence is
committed with the knowledge or connivance of the driver or the owner of

40
the vehicle, such vehicle is liable for confiscation, even if the owner might
have no knowledge or connivance - It was further pointed out in order to
avoid confiscation it must further be proved that each of the concerned
persons had taken all reasonable and necessary pre-caution against the
same - 1992(1) OLR-305.
(48) Section 56(2) - The petitioner’s truck was found Kendu leaf
bags at Noohi bahal check gate in the district of Sambalpur - The vehicle
was driven by the petitioner himself - The documents produced by the
petitioner was suspected by the Forest Official, who contacted the Range
Officer and by the time the Range Officer arrived, the petitioner had left
the truck and disappeared. Later on, the document was found to be forged
and it was confirmed that the petitioner was involved in illegal transportation
of Kendu Leaves. This led to confiscation proceeding ending against the
petitioner and his appeal was also rejected.
It was directed to release the vehicle on payment of a fine of
Rs.60,000.00 in cash - 1992(1) OLR-305, AIR 1992 Odisha-287.
(49) Section 56(2-a) - One Biswanath Behera was found to be carrying
timber valued at Rs.5000.00 which was concealed under sand in a tractor
- tractory, being driven by petitioner No. 2, which revealed illicit transport
of timber with the knowledge of the petitioner - In such a situation, the
tractor-trailer is liable for confiscation - The Court held that on perusal of
records, it is seen that the said vehicle was involved in an earlier case
regarding commission of forest offence, for which no opportunity was
provided to the petitioner to explain his position with regard to the same -
On this point the matter was remitted to the authorised officer for giving
an opportunity to the petitioner to explain his conduct with regard to the
said charge - 1990 (II) OLR-318.
(50) Sec. 56(2-a) - Ms empowers the District Judge alone to deal
with appeal - Appeal disposed of by the Sessions Judge without Jurisdiction-
such order was set aside and District Judge was directed to hear and
dispose of the same - (1991)4 OCR-585.
(51) Sec. 56(2-a) - Vehicle confiscated on a finding by the authorised
officer that forest offence was committed - In his presence and in presence
of the enquiry officer, statement was recorded - There was no violation of
the rule of Natural Justice in view of clear provisions - (1990) 3 OCR-518;
AIR 1984 SC-1356; AIR 1973 SC-2701; AIR 1985 SC-85.
(52) It is well-settled that when an authority passes an order within
his competence, it cannot fail only because it purports to have been made
under a wrong provision, if it can be within its power under any other rule
and that the worth of an order should be Judged on a due consideration of
its substance and not the form - AIR 1950 SC -232; AIR 1954 SC -1929;
(1994) 7 OCR-765 (FB).
(53) Section 56(2-c), 56(2-e) - Vehicle carrying 93 bundles of kendu
leaves unauthorisedly seized - Order of confiscation passed - Appeal before
District Judge was dismissed - Writ - Liberal approach in the matter with
respect to the property seized which is liable to confiscation is uncalled for
as the same is likely to frustrate the provisions of the Act - In the instant

41
case, the petitioner had given the vehicle to his driver, who admittedly
himself knowingly used the vehicle for commission of forest offence -
Petitioner cannot escape the liability of confiscation as his driver, who
was the agent-in-charge of the vehicle, knowingly used the same for
commission of forest offence : 2010 (I) OLR 716 : (2010) 45 OCR 603 :
109 (2010) CLT 388.
(54) Sec. 56, 56 (2-d) empowers the Conservator of Forests to call
for and examine the records of a case in which confiscation order was
made by the authorised officer within thirty days from the date of such
order and may make or cause to be made such enquiry and there after
pass necessary orders. The Conservator is not vested with any appellate
power, but it is in the nature of supervisory or revisional power, under
which the Conservator may call for and examine records within twenty
(20) days from the order made by the authorised officer, it can be done
suo motu or on an application - Therefore when the authorised officer has
ordered release of seized goods/vehicles on payment of fine, it becomes
an order of ‘non-confiscation’ and appeal in such a case shall lie to the
District Judge and Conservator of Forest’s appellate power is without
jurisdiction - AIR 1999 Odisha - 37.
(55) Jeep seized for illegal transportation of hand-sawn sal wood in
violation of Rules 4, 12 and 21 of the Timber and other Forest Produce
Transit Rules, 1980 - Confiscation Order - Fact of seizure was admitted -
Order of confiscation, makes out a case of without any valid transit permit-
The fact that it was neither within his knowledge, nor within the knowledge
of the driver, could not be proved by the petitioner - Such order of
confiscation does not suffer from any illegality, perversity or Jurisdictional
error - 2005(1) OLR-132.
(56) Section 56 and Section 2(g) - Transit Permit Rules 2(1) (a) and
5(1)(i) and Rule 21 - Kendu leaves, being a forest produce, cannot be
taken out of the district limit - Without a transit permit - Kendu leaves in
the instant case, was transported without permit - Confiscation of vehicle
upheld, after appreciation of evidence - 1998(15) OCR-58.
(57) Even if the owner might not have any knowledge or connivance
in the matter, if the offence is committed with the knowledge or connivance
of the driver of the vehicle, the same would be liable for confiscation - The
view that connivance of the driver would be a separate matter to be decided
in a separate proceeding is erroneous - 71(1991) CLT-157.
(58) When, in exercise of the powers under Sec. 56 of the Odisha
Forest Act any forest produce along with the vehicle for committing any
forest offence is seized the power to release such property lies with the
prescribed authority and not with the Magistrate, in exercise of his powers
under the provisions of Cr.P.C. - 57(1984) CLT-381; AIR 1986 SC-328;
1984 Cr.L.J.-984.
(59) Confiscation of truck involved in the commission of forest officer-
Authorities failed to establish the mensrea of the owner of the truck involved
in the commission of such offence - High Court set-aside the order of
confiscation on the basis of evidence on record - Not interfered by the
Apex Court (1998) 14 OCR (SC)-185.

42
 (60) Prosecution report filed before S.D.J.M. after timber was seized
by Forest Department Officer - For interim custody of the seized timber
petitioner filed application - General provisions with regard to Sec. 451
and 457 are applicable and Sec. 57 of O.F.A. is no bar - (1992) 5 OCR-
332.
(61) About 90 quintals of mohua flower seized from a truck and the
authorities directed confiscation for violation of Rules of the scheduled of
Rates for the Forest Procedure Rules, 1977 - There being no clear finding
under Rule 7 that such transport was for trade such confiscation order is
liable to be quashed - (1993) 6 OCR-131.
(62) Fine can be imposed in lieu of confiscation when the authorities
are satisfied about the undesirability of such confiscation - (1992) 5 OCR-
169.
(63) Section 56, 2(g) (ii) - Confiscation proceedings - Whether sal
leaves are forest produce when they are not found in or brought from the
forest ? - As per Sec. 2(g)(ii) of the Act, only when sal leaves are found in
or brought from the forest, they are forest produce - In the instant case
the vehicle in question was intercepted on N.H.5 - Nowhere in the seizure
list and the statement attached to the P.R. there is any mention that these
sal leaf plates were found in or brought from any forest - Applying the
ratio (2006 (II) OLR 109) held, seized sal leaf plates do not come within
the purview of Sec. 2(g) of the Act and the seizure made by the forest
officials was illegal and arbitrary - Confiscation proceeding quashed : 2010
(II) OLR 911 : (2010) 47 OCR 976.
(64) Section 56, Sub-Sec. 2(a), 2(d), 2(e) - Petitioner being a licence
holder under the Act, a truck carrying finished goods was seized and
confiscated by the authorised officer - The articles and truck was released
after enquiry - On an appeal, the Conservator directed a fresh enquiry - On
a direction by the Conservator, the DFO confiscated the articles - The
Conservator can exercise supervisory or revisional power by calling for
records and examining the same if the authorised officer has ordered
confiscation - This power can be exercised within thirty days of such
confiscation, but no power of appeal is vested in him - Confiscation or
non-confiscation order is appellable only to the District Judge - Hence
such order of confiscation is without Jurisdiction - 1998(II) OLR-646.
(65) A truck was confiscated - District Judge heard the appeal who
is also the Sessions Judge - But when the appeal was disposed of, he
signed it as the sessions Judge - It was held that this is not a case of lack
of jurisdiction, as he was empowered to have as the District Judge and
decided the same in the said capacity - The said order does not become
illegal merely because he signed the same as a Sessions Judge.
It has been the settled law that an order passed by a competent
authority cannot be negatived simply because it purports to have been
made under a wrong provision and the validity of an order is to be judged
on a consideration of its substance - In P. Rajakothaith Vrs. Union of India-
AIR 1950 SC-232 and Hukumchand and Mills Ltd. Vrs. State of M.P.- AIR
1954 SC-1929, the Supreme Court has made this point clear as follows :-

43
 On an interpretation of the relevant provisions, the Court held that it
is permissible to pass an order for payment of fine in lieu of or instead of
confiscation - It was found that the truck involved is of 1961 model and is
the only source of income of the petitioner and his family. The illegally
carried forest products value was about Rs.6,000.00. It was felt that a
fine of Rs.15,000.00 in line of confiscation would serve ends of justice -
1994(1) OLR-276.
(66) Section 56(1) and (2-a), and Section 85 - A vehicle can only be
confiscated if there is satisfaction of the vehicle being used for commission
of forest offence - It means that there must be a direct connection in
between the vehicle and the forest produce - Only because of the fact that
a car was moving ahead of the truck carrying forest produce, it cannot be
said to be involved in forest offence and cannot be confiscated and can
also not be said to have abated such offence under Sec. 85 of the Act -
1993(II) OLR - 295.
57. 1[***]
NOTE
Section 57 - To attract the prohibition under the section, two essential
conditions must be fulfilled, firstly the offence alleged must relate to an
offence under the Forest Act and the seizure must be under Sec. 56 of the
Act; secondly the property seized should have been produced before the
Divisional Forest Officer for initiation of the proceeding of confiscation :
2010 (I) OLR 756 : CLT (2010) Supp. Cri. 458 : 2010 Cri LJ 3991 (Ori.)
58. Action after seizure :– Upon the receipt to any such report, the
Magistrate shall, except where the offence has been compounded, with
all convenient despatch, take such measures as may be necessary for the
arrest and trial of the offender and the disposal of the property according
to law.
59. Forest produce, tools, etc. liable to confiscation :– (1) All timber
or forest produce which is not the property of Government and in respect
of which a forest offence has been committed, and all tools ropes, chains,
boats, vehicles and cattle used in committing the forest offence, shall be
liable to confiscation 2[unless an order of confiscation has already been
passed in respect thereof under Section 56.]
(2) Such confiscation may be in addition to any other punishment
provided for such offence.
60. Disposal on conclusion of trial for forest offence of produce in
respect of which it was committed :– When a trial of any forest offence is
concluded, any forest produce in respect of which such offence has been
committed shall, if it is the property of Government or has been confiscated
be taken charge of by or under the authority of the Divisional Forest Officer,

1. Omitted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt. 5.5.2003.
2. Inserted by Act 9 of 1983 See O.G.E. No. 444-D/18.4.1983.

44
and in any other case, may be disposed of in such manner as the Court
may direct.
61. Procedure when offender not known, or cannot be found :–
Where a Magistrate is of opinion that a forest offence was committed, but
the offender is not known or cannot be found, he may on an application
made in this behalf, order the property in respect of which the offence
was committed and which was seized to be confiscated and taken
possession of by or under the authority of the Divisional Forest Officer or
to be made over to any person whom the Magistrate considers to be
entitled to the same :
Provided that before making any such order, the Magistrate shall
cause a notice of any application made under this section to be served
upon any person who, he has reason to believe is interested in the property
seized, or shall publish such notice in such manner as he thinks fit:
Provided further that no such order shall be made until the expiration
of one month from the date of seizing such property or without hearing
the person, if any, claiming any right thereto, and the vehicle, if any which
he may produce in support of his claim.
62. Procedure as to perishable property seized under Section 56 :–
The Magistrate may, notwithstanding anything hereinbefore contained,
direct the sale of any property seized under Section 56 which is subject to
speedy and natural decay, and may deal with the proceeds as he would
have dealt with such property if it has not been sold :
Provided that if in the opinion of the officer seizing such property it
is not possible to obtain in the orders of the Magistrate in time, such
officer may sell the property, remit the sale proceeds to the nearest
Government Treasury and make a report to the Magistrate and thereupon
the Magistrate shall take such measures as may be necessary for the trial
of the accused :
Provided further that no officer below the rank of Range Officer
shall have power to dispose of property under the preceding proviso.
63. Appeal from order under Section 59, 60 or 61 :– The officer
who made the seizure under Section 56 or any of his official superiors or
any person claiming to be interested in the property so seized may, within
one month from the date of any order passed under Section 59, Section
60 or Section 61 prefer an appeal of the Court to which orders made by
such Magistrate are ordinarily appellable, and the order passed on such
appeal shall be final.
64. Property when to vest in Government :– 1[(1)] When an order
for the confiscation of any property has been passed under Section 59 or
Section 61, as the case may be, and the period limited by Section 63 for
filing an appeal from such order has elapsed, and no such appeal has been
preferred or when, such an appeal being preferred, the appellate Court

1. Re-numbered by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.

45
confirms such order in respect of the whole or a portion of such property,
such property or such portion thereof, as the case may be shall vest in the
State Government free from all encumbrances.
1
[(2) When an order of confiscation of any property passed under
Section 56 has become final under that Section in respect of the whole or
any portion of the property, such property or the portion thereof, as the
case may be, shall vest in the State Government free from, all
encumbrances.]
2
[64-A. Confiscation to be no bar to imposition of other penalty :–
An order of confiscation made under Section 56 shall not act as a bar to
the imposition of any other penalty to which the offender is liable under
this Act or the Rules made thereunder.]
65. Saving of power to release property seized :– Nothing in this
Act shall be deemed to prevent Divisional Forest Officer from directing at
any time the immediate release of any property seized under Section 56
and the withdrawal of any charge made in respect of such property in
accordance with the provisions of 3[Section 321 of the Code of Criminal
Procedure, 1973 3(2 of 1974)]:
Provided that where a report has been made to the Magistrate of the
property seized under Section 56, the Divisional Forest Officer shall not
release the property without the consent in writing of such Magistrate
where a case is pending before him, and in other cases, without previous
intimation to him.
66. Punishment for wrongful seizure :– Any Forest Officer or Police
Officer who vexatiously or frivolously seizes any property on pretence of
seizing property liable to confiscation under this Act or vexatiously or
frivolously arrests any person under Section 68 4[for kindling, keeping or
carrying any fire in the reserved forest, or for kindling any fire or leaving
any fire burning in any forest land notified under Section 4, or for any
other forest offence] shall be punishable with imprisonment for a term
which may extend to one year 5[and with fine] which may extend to one
thousand rupees 6[****]
67. Penalty for counterfeiting or defacing marks on trees and timber
and for altering boundary marks :– Whoever, with intent to cause damage
or injury to the public or to any person or to cause wrongful gain as
defined in the Indian Penal Code —
(a) knowingly counterfeits or unlawfully affixes upon any timber
of standing trees a mark used by Forest Officer to indicate
1. Added by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
2. Inserted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
3. Substituted vide O.A. No. 12 of 2003 NOtfn. No. 6282/Legis. O.G.E. No. 660,
dt. 5.5.2003.
4. Inserted ibid.
5. Substituted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
6. Deleted by ibid.

46
 that such timber or tree is the property of Government or of
some person, or that it may lawfully be cut or removed by
some person; or
(b) alters, defaces or obliterates any such mark placed on a tree
or on timber by or under the authority of Forest Officer; or
(c) alters, moves, destroys or defaces any boundary mark of any
forest or waste land to which be provisions of this Act are
applied.
shall be punishable with imprisonment for a term 1[which shall not
be less than three years but may extend to seven years and with fine
which may extend to ten thousand rupees.]
68. Powers to arrest without warrant :– (1) Any Forest Officer or
Police Officer may, without order from a Magistrate and without a warrant,
arrest and detain in custody any person if the officer knows or has reason
to believe that such person in committing or has committed any forest
offence or if such person refuses to give his name and residence, or gives
a name or residence which there is reason to believe to be false or if there
is reason to believe that he will abscond.
(2) Every person arrested and detained in custody under this Section
shall be informed, as soon as may be, of the grounds for such arrest and
detention and shall be produced before the nearest Magistrate within a
period of twenty-four hours of such arrest excluding the time necessary
for the journey from the place of arrest to the Court of the Magistrate; and
no such person shall be detained in custody beyond the said period without
the authority of a Magistrate.
69. Power to release on a bond a person arrested :– Any Forest
Officer of a rank not inferior to that a Range Officer who or whose
subordinate has arrested any person under the provision of Section 68,
may release such person on his executing a bond to appear, except when
the offence is non-bailable, if and when so required, before the Magistrate
having jurisdiction in the case, or before the Officer-in-Charge of the
concerned Police-Station.
70. Power to prevent commission of offence :– Every Forest Officer
and Police Officer shall prevent, or may interpose for the purpose of
preventing the commission of any forest offence.
71. Power to try offence summarily :– Any Magistrate of the First
Class specially empowered in this behalf by the State Government, may
try summarily under the Code of Criminal Procedure, 1[1973] 1(2 of 1974),
any forest offence punishable with imprisonment for a term not exceeding
one year, or with fine not exceeding one thousand rupees or with both.
72. Power to compound of offences :– (1) Any Forest Officer specially

1. Substituted vide O.A. No. 12 of 2003 Notfn. No.6282/Legis. O.G.E. No. 660,
dt.5.5.2003.

47
empowered in this behalf by the State Government may accept as
compensation from any person who committed or in respect of whom it
can be reasonably inferred that he has committed 1[any forest offence
(other than an offence under Section 66 or Section 67 or an offence in the
committing of which a vehicle has been used.]
(i) a sum of money not exceeding fifty rupees where such offence
is of a trivial nature and involves forest produce the market
value of which does not exceed twenty-five rupees.
(ii) a sum of money which shall not in any case be less than the
market value of the forest produce, or more than four times of
such value as estimated by such Forest Officer, in addition to
the market value of the forest produce, where such offence
involves any forest produce which in the opinion of the Forest
Officer may be released.
(iii) a sum of money which shall not in any case be less than the
market value of the forest produce, or more than four times
such value as estimated by such Forest Officer, where such
offence involves forest produce which in the opinion of the
Forest Officer should be retained by the Government :
1
[Provided that no such offence as is referred to in Clause (ii) or
Clause (iii) shall be compounded if the market value of the forest produce
involved exceeds 2[five thousand rupees.]
(2) On receipt of the sum of money referred to in Sub-Section (1) by
such officer—
(i) the accused person, if in custody, shall be discharged.
(ii) the property seized shall, if it is not to be so retained, be
released; and
(iii) no further proceedings shall be taken against such person or
property.
NOTES
(1) Sections 72 and 72(I) (III) - In order to levy demand, the concerned
officer has to fix market value. There is no material to indicate how the
forest authorities were defrauded or misrepresent by the petitioner - It
was said that material taken for consideration, for which the petitioner
was not given any opportunity to explain the same, resulting in the demand
to be quashed - 1994(II) OLR-573.
The word ‘value’ used in this Section is extensive to include the
‘market value’ - AIR 1957 MP-169.
(2) Section 72 - Odisha Timber and other Forest Produce Transit
Rules, 1980 - Rule 11 - For compounding of offence, the accused has to

1. Substituted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.

2. Substituted by Odisha Act No. 9 of 2011 Notfn. No. 4974-34/2011/Legis OGE
No. 1211 Dt. 23.05.2011.

48
pray at the time of seizure of forest produce as provided under Section 72
of the Act. In case of failure to do the same at that stage, the forest
officer will refuse to accept the same at a later stage and forward the case
to the Magistrate - Divisional Forest Officer includes any Deputy Divisional
Forest Officer according to the definition given in the said Act - 1994(7)
OLR-347.
73. Presumption that forest produce belongs to Government :– When
in any proceedings taken under this Act, or in consequence of anything
done under this Act, a question arises as to whether any forest produce is
the property of Government, such produce shall be presumed to be the
property of Government until the contrary is proved.
NOTE
Under Section 73, the burden lies on the prosecution to prove that
the forest produce in possession of the accused corresponds to the forest
produce felled and removed from the Government Forest which shows
illegal removal by the accused - AIR 1954 Odisha-16.
1
[73-A. Presumptions as to removal and transportation of forest
produce :– Any person found in possession of any forest produce within
the limits of any reserved forest, shall, until the contrary is proved, be
presumed to be guilty of removing, or as the case may be, transporting
such forest produce from the reserved forests without authority.]
NOTE
Odisha Timber and other Forest Produce Transit Rules, 1980 - Rules
14 and 21 - Excess pieces of Sal logs and some quantity of Sisu and
Sandal wood were found in possession of the accused, for which he could
not account for offence proved and position explained - (1998) 14 OCR-
262.
74. Operation of other laws not barred :– Nothing in this Act shall
be deemed to bar the prosecution of any person under any other law for
any act or omission which constitutes a forest offence or from being liable
under such other law to any highest punishment or penalty that is provided
under this Act or the rules thereunder :
Provided that no person shall be prosecuted and punished for the
same offence more than once.

CHAPTER - IX
CATTLE TRESPASS
75. Cattle Trespass Act, 1871 to apply :– Cattle trespassing in a
reserved forest or in any portion of a protected forest which has been
lawfully closed to grazing shall be deemed to be cattle doing damage to a
public plantation within the meaning of Section 11 of the Cattle Trespass
Act, 1871 (1 of 1871) and may be seized and impounded as such by any
Forest Officer or Police Officer.
1. Added by Odisha Act 9 of 1983 - See O.G.E. No. 444, dt. 18.4.1983.

49
 76. Power to alter fines fixed under the Cattle Trespass Act, 1871 :–
The State Government may, by notification, direct that, in lieu of the fines
fixed under Section 12 of the Cattle Trespass Act, 1871 (1 of 1871),
there shall be levied for each head of cattle impounded under Section 75
such fines as they think fit, but not exceeding the following, that is to
say —
For each elephant Fifty rupees
For each buffalo or camel Ten rupees
For each horse, mare, gelding, pony, colt,
filly mule, bull, bullock, cow or heifer Five rupees
For each calf, ass, pig, ram, ewe, sheep,
lamb, goat or kid Two rupees

CHAPTER - X
OF FOREST OFFICERS
77. State Government may invest forest officers with certain
powers:– (1) The State Government may invest any Forest Officer with all
or any of the following powers, that is to say —
(a) power to enter upon any land and to survey, demarcate and
prepare a map of the same;
(b) the powers of a Civil Court to compel the attendance of
witnesses and the production of documents and materials
objects;
(c) powers to issue a search warrant under the Code of Criminal
Procedure 1[1973] 1(2 of 1974); and
(d) powers to hold an inquiry into forest offences, and in the
course of such inquiry to receive and record evidence.
(2) Any evidence recorded under Clause (d) of Sub-Section (1) shall
be admissible in any subsequent trial before a Magistrate; provided that it
has been taken in the presence of the accused person.
78. Forest Officers deemed to be public servants :– All Forest Officers
shall be deemed to be :-
(a) Public servants within the meaning of the Indian Penal Code,
1860 (45 of 1860);
(b) Police Officers for execution of search warrants issued in
exercise of powers conferred under Clause (c), Sub-Section
(1) of Section 77.
1
[79. Protection of action taken in good faith and cognizance of
offence :– (1) No suit, prosecution or other legal proceeding shall lie against
any Forest Officer for anything done or omitted to be done by him in good
faith under this Act or the rules or orders made thereunder.
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660,
dt.5.5.2003.

50
 (2) No Court shall take cognizance of any offence alleged to have
been committed by any Forest Officer while acting or purporting to act in
the discharge of his duties under or in pursuance of the provisions of this
Act or the rules or orders made thereunder, except with the previous
sanction of State Government :
Provided that if the sanction or otherwise under this Sub-Section is
not communicated within six months from the date the application for that
purpose is made, it shall be deemed that the State Government has accorded
the required sanction.]
80. Forest Officers not to trade :– Except with the permission in
writing of the State Government no Forest Officer shall, as a principle or
agent, trade in timber or other forest produce or be or become interested
in any lease of any forest or in any contract for working any forest, whether
in or outside the State.
CHAPTER - XI
MISCELLANEOUS
81. Special provision for reserved forests in the merged territories :–
(1) Notwithstanding anything contained in this Act or in any other law for
the time being in force, any forest land or waste land in the merged
territories, which has been recognised by the Ruler or any merged State
immediately before the date of merger as a reserved forest in pursuance of
any law, custom, rule, regulation, order or notification for the time being in
force or which has been dealt with as such in any administration report or
in accordance with any working plan, or register maintained and acted
upon immediately before the said date and has been continued to do so,
dealt with thereafter, shall be deemed to be a reserved forest for the
purpose of this Act.
(2) In the absence of any rule, order of notification under this Act,
applicable to the area in question, any law, custom, rule, regulation, order
or notification mentioned in Sub-Section (1) shall notwithstanding anything
in any law to the contrary, be deemed to be validly in force as if the same
had the force and effect of rules, orders and notifications made under the
provisions of this Act and shall continue to remain so in force until
superseded, altered or modified in accordance therewith.
(3) No report, working plan or register as aforesaid or any entry
therein shall be questioned in any Court of law; provided that the State
Government have duly certified that such report, working plan or register
had been prepared under the authority of the said Ruler before the date of
merger and has been under the authority of the State Government continued
to be recognised, maintained or acted upon thereafter.
(4) Forest recognised in the merged territories, as Khesra forests,
village forests or protected forests other than reserved forests by whatever
name designated or locally known, shall be deemed to be protected forests
within the meaning of this Act and provisions of Sub-Sections (2) and (3)
shall apply.

51
 Explanation I :– “Working plan” includes any plan, scheme, project,
maps, drawing and lay-outs prepared for the purpose of carrying out the
operation in course of the working and management of forests.
Explanation II :– “Ruler” includes the Darbar administration prior to
the date of the merger and “State Government” includes the successor
Government after the said date.
82. Additional powers to make rules :– (1) The State Government
may make rules :
(a) to prescribe and limit the powers and duties of any Forest
Officer under this Act,
(b) to regulate the reward to be paid to officers and informant out
of the proceeds of fines and confiscations under this Act,
(c) for the preservation reproduction and disposal of trees and
timber belonging to Government, but grown on lands belonging
to or in the occupation of private persons; and
(d) generally to carry out the provisions of this Act.
(2) All rules made under this Act shall, as soon as may be after, they
are made, be laid before the State Legislature for a total period of fourteen
days which may be comprised in one session or in two or more successive
sessions and if during the said period, the State Legislature makes
modifications, if any, therein, the rules shall thereafter have effect only in
such modified form, or, however, that such modifications shall be without
prejudice to the validity of anything previously done under the rules.
83. Penalties for offences not otherwise provided for :– Any person
contravening any provision of this Act or the Rules made thereunder for
the contravention of which no special penalty is provided, shall be punishable
with imprisonment for a term which may extend to two months or with
fine which may extend to one thousand rupees, or with both.
NOTES
(1) Section 83. - Conviction under - Liability for punishment under
the section would arise only when a person contravenes any provisions of
the Act or the Rules made thereunder for the contravention of which no
special penalty is provided - In the present case prosecution never indicated
as to which provision under the Act or any Rule made thereunder was
violated by the petitioner so as to make him liable for punishment under
the section - Impugned judgement set aside : 2010 (II) OLR 441 : (2010)
47 OCR 93 : CLT (2010) Supp. Cri. 1660.
(2) Section 83 - Odisha Forest Saw Mills and Saw Pits (Control)
Rules, 1980 - Rules 3 and 13. Penalty for contravention of the provisions
of the Act and rules has been provided under Sec. 83, Rule 13 provides
penalty for contravention of any rule or condition, granting licence - In the
present case, it was not the case of the prosecution that the saw mill was
established without a licence under rule 13 - No provision contravened -
Acquittal upheld - (1991) 4 OCR - 15.

52
 84. Persons bound to assist Forest Officers and Police Officers and
duties of such officers :– (1) Every person who exercises any right in a
reserved or protected forest, or who is permitted to take any forest produce
or to cut and remove timber from or to pasture cattle in such forest and
every person who is employed by any such person in such forest and
every person in any village contiguous to such forest who is employed by
the Government or who receives emoluments from the Government for
services to be performed to the community, shall be bound to furnish with
due despatch to the nearest Forest Officer or Police Officer any information
he may possess respecting the commission of, or the intention to commit
any forest offence and shall forthwith take steps, whether so required by
any Forest Officer or the Police Officer or not —
(a) to extinguish any forest fire in such forest of which he has
knowledge or information; and
(b) to prevent by any lawful means in his power any fire in the
vicinity of such forest of which he has knowledge or information
from spreading to such forest;
and shall assist any Forest Officer or Police Officer demanding
his aid–
(i) in preventing commission in such forest any forest
offence; and
(ii) when there is reason to believe that any such offence
has been committed in such forest, in discovering and
arresting the offender.
(2) Any person who, being bound so to do, without lawful excuse,
fails —
(a) to furnish without necessary delay to the nearest Forest Officer
or Police Officer any information as required by Sub-Section
(1);
(b) to take steps as required by Sub-Section (1) to extinguish any
forest fire in a reserved or protected forest;
(c) to prevent, as required by Sub-Section (1) any fire in the vicinity
of such forest from spreading to such forest; or
(d) to assist any Forest Officer or Police Officer demanding his
aid in preventing the commission in such forest any forest
offence, or when there is reason to be believe that any such
offence has been committed in such forest, in discovering
and arresting the offender;
shall be punishable with fine which may extend to two hundred
rupees.
(3) On receipt of any such information as is referred to in Sub-
Section (1) the Forest Officer or Police Officer, as the case may be, shall
forthwith take such action as may be appropriate in the circumstances.

53
 85. Punishment for abetment of forest offences :– Whoever abets
the commission of a forest offence shall be punished with the punishment
provided for the offence.
86. Failure to perform service for which a share in produce of
Government forest is enjoyed :– If any person be entitled to a share in the
produce of any forest which is the property of Government or over which
the Government has proprietary right or to any part of the forest produce
of which the Government is entitled, upon the condition of duly performing
any service connected with such forest, such share shall be liable to
confiscation in the event of the State Government being satisfied that
such service is not being duly performed :
Provided that no share shall be confiscated until the person entitled
thereto, and the evidence, if any, which he may produce in proof of the
due performance of such service have been heard by any officer duly
appointed in that behalf by the State Government.
87. Recovery of money due to Government :– All money, other than
fines, payable to the State Government under this Act, or the expenses
incurred in the execution of this Act in respect of timber or other forest
produce, or under any contract relating to timber and other forest produce
including any sum recoverable thereunder for the breach thereof, or in
consequence of its cancellation, or under the terms of a notice relating to
the sale of timber or other forest produce by auction or by invitation of
tenders, issued by or under the authority of a Forest Officer and all
compensation awarded to the State Government under this Act, may if
not paid when due, be recovered as if it were an arrear of public demand.
88. Lien on forest produce for such money :– (1) When any such
money is payable for or in respect of such forest produce, the amount
thereof shall be deemed to be a first charge on such produce, and such
produce may be taken possession of by a Forest Officer until such amount
has been paid.
(2) If such money is not paid when due, the Forest Officer may order
such produce to be confiscated and thereupon he may sell such produce
by public auction or by calling tenders.
(3) The proceeds of the sale as aforesaid shall be applied first in
discharging the aforesaid dues and the balance of the dues, if any, shall be
recovered, as if it were an arrear of public demand.
89. Recovery of penalties due under bond :– When any person in
accordance with any provision of this Act, or in compliance with any rule,
binds himself by any bond or instrument to perform any duty, or covenants
by any bond or instrument that he or his employees and agents will abstain
from any act, the whole sum mentioned in such bond or instrument as the
amount to be paid in case of a breach of the conditions thereof may,
notwithstanding anything in Section 74 of the Indian Contract Act, 1872
(9 of 1872), be recovered from him in case of such breach as if it were an
arrear of public demand.
90. Power of Government to apply the provisions of the Act to
certain lands of Government or Local Authority :– The State Government
may, by notification, declare that any of the provision of this Act shall

54
apply to any land on the banks of canals or the sides of roads which are
the property of the State Government or a local authority and thereupon
such provisions shall apply to such lands accordingly.
91. Repeal and savings :– The Indian Forest Act, 1972 (6 of 1972)
and the Madras Forest Act, 1882 (Madras Act 5 of 1882) hereinafter
referred to as the (‘said Acts’) in their application to the State of Odisha
are hereby repealed : Provide that -
(a) any forest or land declared or deemed to be a reserved forest
or protected forest or village forest under any of the said Acts
shall be deemed to be a reserved forest, protected forest or as
the case may be, village forest under this Act; and
(b) all rules and orders made, notifications and notices issued,
licences, passes and permits granted, fees levied, imposed or
assessed, proceeding instituted and all actions taken and things
done under any of the said Acts shall be deemed to have been
respectively made, issued, granted, levied, imposed or
assessed, instituted, taken or done under this Act and shall
continue in force until new provisions are made under this
Act.

The Odisha Forest Act, 1972 - Section 56(2)(d)

Notification under
7th June, 1983
S.R.O. No. 297/83 — In exercise of the powers conferred by Clause
(d) of Sub-Section (2) of Section 56 of the Odisha Forest Act, 14 of 1972,
the State Government do hereby empower the Officers specified under
Column (2) of the Schedule below to call for and examine the records of
the case and make such enquiry or cause such enquiry to be made and
pass such orders as they may think fit, either suo motu or on application in
accordance with the provisions of the said Sub-Section in respect of areas
within their respective jurisdiction as specified under Column (3) of the
said Schedule.
SCHEDULE
Serial No. Designation of Officer Jurisdiction
(1) (2) (3)
1. Chief Conservator of Forests Whole State,
2. Additional Chief Conservator of Forests Whole State
3. Conservator of Forest-in-Charge All Forest Divisions
of Territorial Circle of his Circle
4. Chief Wild Life Warden Wild Life Conservation
Division, Chandbali

55
 The Odisha Forest Act, 1972-Section 72(1)
Notification under
27th May, 1983
No. 11783-9F. Legal-173/80- F.F.A.H.- In exercise of the powers
conferred by Sub-Section(1) of Section 72 of the Odisha Forest Act, 14 of
1972, the State Government do hereby empower all Divisional Forest
Officers, all Assistant Conservators of Forests attached to the Territorial
Forest Divisions and all Range Officer-in-Charge of the Territorial ranges of
the State to accept compensation from any person who committed or in
respect of whom it can be reasonably inferred that he has committed any
forest offence other than an offence under Section 66 or Section 67 of the
said Act, in accordance with the provisions laid down in Clauses (i), (ii)
and (iii) of the said Sub-Section, read with the Odisha Forest (Detection,
Enquiry and Disposal of Forest Offence) Rules, 1980.

56