Chapter-15 Offences and Punishment

Chapter-15 Offences and Punishment

  1. Offences: If any person does, or causes to be done, or make attempt to do, any of the following acts, he or she shall be deemed to have committed the offence referred to in this Act, except as otherwise provided for in this Act or the rules framed under this Act:

(a)        To register, or cause to be registered, land within the national forest contrary to sub-section (1) of Section 7,

(b)        To enter the area prohibited pursuant to Section 9,

(c)        To deforest the national forest or plough, dig, excavate mining or cultivate in the land of forest area, build a road or other infrastructure, to make a house or shed, operate business or make encroachment therein, or cause such act to be done,

(d)       To set fire in the national forest or to do any act causing fire,

(e)        To make the quadruped enter or graze in the prohibited forest area,

(f)        To remove, transport or sell and distribute forest products from the forest area, or to remove or seal the forest products held in Ghatgaddhi,

(g)        To cut trees or plants in the national forest area or trim their branches, extract rosin or bark from them or to damage them in any way,

(h)        To damage any other forest product negligently while cutting, felling trees in, dragging or removing trees from the national forest area under the license,

(i)         To extract boulders, pebbles, sand or soil from the river flowing through the forest area, or burn charcoal or lime or manufacture other finished products from them or collect them, and extract or collect mineral substances,

(j)         To damage forest products by contravening the terms of the permit received to take the forest products.

(k)        To export the forest products which are prohibited to export abroad,

(l)         To take out, dislocate, alter, convert, erase or destroy the forest boundary mark,

(m)       To forge the mark or marking or to alter, damage or erase the government mark or marking stamped in the timber or standing trees,

(n)        To cut, break, uproot or damage in any way the plants kept in the nurseries or those which have been planted,

(o)        To damage or steal the pillar, wire fence or similar other property in the nurseries or in the area where the plantation has been carried out,

(p)        To make hunting, hold, transfer, sell or distribute the trophy of wildlife,

(q)        To hold forest products by the forest-product based industry contrary to the prevailing law,

(r)        To misappropriate the amounts of the fund in the name of a users’ group and do any act contrary to the statute and work plan of such a group, by any office-bearer or member of such group,

(s)        To do any other act contrary to this Act and the rules framed under this Act.

  1. Punishment: (1) A person who commits, or causes to be committed, the offence under clause (a) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding five years or of a fine not exceeding fifty thousand rupees or with both.

                        (2)        A person who commits, or causes to be committed, the offence under clause (b) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding one month or of a fine not exceeding or one thousand rupees or with both.

(3)        A person who commits, or causes to be committed, the offence under clause (c) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding five years or of a fine not exceeding one hundred thousand rupees or with both, and any house or shed built in or machinery, tools, vehicles used in such land shall also be forfeited, upon incorporating such land into the national forest.

(4)        A person who commits, or causes to be committed, the offence under clause (d) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding three years or of a fine not exceeding sixty thousand rupees or with both, along with the recovery of the claimed amount damaged.

(5)        A person who commits, or causes to be committed, the offence under clause (e) of Section 49 shall be liable to a fine at the following rate for every quadruped:

(a)        From fifty rupees to five hundred rupees in the case of sheep, goat species,

(b)        From one thousand rupees to five thousand rupees in the case of an elephant,

(3)        From one hundred rupees to one thousand rupees in the case of any other animal.

(6)        A person who commits the offence under clause (f), (g), (h) or (i) of Section 49 shall be liable to the following punishment, along with the confiscation of the forest products related to the offence:

(a)        A fine not exceeding one thousand rupees if the claimed amount does not exceed one thousand rupees,

(b)        Imprisonment for a term not exceeding one month or a fine equal to the claimed amount or both if the claimed amount is above one thousand rupees but not exceeding five thousand rupees,

(c)        Imprisonment for a term not exceeding three months or a fine equal to the claimed amount or both if the claimed amount is above five thousand rupees but not exceeding fifty thousand rupees,

(d)       Imprisonment for a term not exceeding six months or a fine equal to the claimed amount or both if the claimed amount is above fifty thousand rupees but not exceeding one hundred thousand rupees,

(e)        Imprisonment for a term not exceeding one year or a fine equal to the claimed amount or both if the claimed amount is above one hundred thousand rupees but not exceeding five hundred thousand rupees,

(f)        Imprisonment for a term not exceeding two years or a fine that is twice the claimed amount or both if the claimed amount exceeds five hundred thousand rupees.

(7)        A person who commits, or causes to be committed, the offence under clause (j) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding three years or of a fine that is twice the claimed amount or both, along with confiscation of the forest products related to the offence.

(8)        A person who commits, or causes to be committed, the offence under clause (k) or (l) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding one year or of a fine not exceeding twenty thousand rupees or both.

(9)        A person who commits, or causes to be committed, the offence under clause (m) of Section 49 shall be liable to the punishment of a fine not exceeding five hundred rupees for each plant, and a person who commits the same offence again shall be liable to the punishment of imprisonment for a term not exceeding one year or of a fine not exceeding twenty thousand rupees or both for each instance, depending on the gravity of the offence.

(10)      A person who commits, or causes to be committed, the offence under clause (n) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding six months or of a fine not exceeding ten thousand rupees or both, along with the recovery of the claimed amount damaged.

(11)      A person who commits, or causes to be committed, the offence under clause (o) of Section 49 shall be liable to the punishment referred to in the prevailing law on protection of wildlife.

(12)      A person who commits, or causes to be committed, the offence under clause (p) of Section 49 shall be liable to a fine not exceeding two hundred thousand rupees, in addition to the punishable imposable for such offence.

(13)      A person who commits, or causes to be committed, the offence under clause (q) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding one year or of a fine not exceeding twenty thousand rupees or with both, along with the recovery of the claimed amount, if any.

(14)      A person who commits, or causes to be committed, the offence under clause (r) of Section 49 shall be liable to the punishment of imprisonment for a term not exceeding six months or of a fine not exceeding ten thousand rupees or with both, along with the recovery of the claimed amount, if any.

  1. Punishment to one who impounds or arrests with intention to harass: (1) If any employee performing any forest related work or security personnel, impounds any goods or arrests any person, without any reasonable reason, with intention to harass, or with ill will, such employee shall be punished with a fine not exceeding fifty thousand rupees.
  2. Punishment to one who causes obstruction while discharging duties: If any person obstructs the government employee in discharging his or her official duties under this Act, such person shall be liable to the punishment of a fine not exceeding five thousand rupees or imprisonment for a term not exceeding three months or both.
  3. Punishment to one who aids the offender to escape: Anyone who aids a person who commits any offence under this act to escape shall be liable to the punishment equal to that imposable on the offender.
  4. Punishment to one who abets or accomplices: A person who abets or accomplices the commission of any offence under this Act shall be liable to the punishment imposable on the offender.
  5. Punishment to one who attempts to commit offence: A person who attempts to commit any offence under this Act shall be liable to the same punishment as may be imposable on the offender in the case of attempt to commit the offence related to protected wildlife under the prevailing law on wildlife protection and to the punishment that is half the punishment imposable on the offender in the case of attempt to commit any other offence.