Forest Laws and Policies Guide (2+0

Forest Laws, Legislation and Policies (2+0)
(Study Material)
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Introduction
Law:
Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior. It has been defined both as "the science of justice" and
"the art of justice".
Law regulates and ensures that individuals or a community adhere to the will of the state. State-
enforced laws can be made by a collective legislature or by a single legislator, resulting
in statutes, by the executive through decrees and regulations, or established by judges
through precedent, normally in common law jurisdictions. The formation of laws themselves
may be influenced by a constitution, written or tacit, and the rights encoded therein. The law
shapes politics, economics, history and society in various ways and serves as a mediator of
relations between people.
A general distinction can be made between (a) civil law jurisdictions, in which a legislature or
other central body codifies and consolidates their laws, and (b) common law systems, where
judge-made precedent is accepted as binding law. Historically, religious laws played a significant
role even in settling of secular matters, and is still used in some religious communities.
Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal
system in some countries, such as Iran and Saudi Arabia.
The adjudication of the law is generally divided into two main areas. Criminal law deals with
conduct that is considered harmful to social order and in which the guilty party may be
imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with
the resolution of lawsuits (disputes) between individuals and/or organizations.
Law provides a source of scholarly inquiry into legal history, philosophy, economic
analysis and sociology. Law also raises important and complex issues concerning equality,
fairness, and justice.
Types of laws (4 types)

There are four types of law that we have in our legislative system.
1. Criminal law
This is the kind of love that the police enforce. Murder, assault, robbery, and rape are examples of it.
An offense which is seen as being against everybody even though it does not come under the
Criminal law.
For example, if a car is stolen then the theft is against the individual, but it threatens all car owners
because they might have stolen their car. Because the view is taken that everybody is threatened by
the crime this law is dealt with the public services and not by private investigators.
F:\notes \Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

2. Civil law
Different areas such as a right to an education or to A trade union membership and divorce
problems furniture is a split between the couple and who receives custody of the children. The best
way to describe civil law is that it looks at actions that are not the crime. But the individuals to sort
their own problems by going to court themselves or with a lawyer.
It is a section of law dealing with disputes between individuals and organizations. For example, a
car crash victims claims from the driver for loss or injury sustained in an accident or one company
sue another over a trade dispute.
3. Common law
It is also known as Judicial precedent or judge-made law or case law. It is a body of law derived
from the judicial decision of courts and similar tribunals. As the names describe it is common to all.
Today one-third of world’s population lives in common law jurisdictions or in the systems.
It is defined as a body of legal rules that have been made by judges at the issue rolling on cases as
opposed to rules and laws made by the legislature or in official statues. An example of common law
is a rule that a judge made the people have a duty to read contracts.
Example of a common law marriage is when two people have lived together for 10 or more years.
They have thus and legal rights to share their assets because of it.
4. Statutory law
It is termed used to define return loss usually enacted by a legislative body. It varies from regulatory
or administrative laws common law or the law created by prior Court decisions. A bill is proposed
in the legislature and voted upon. For example, you are given a citation for violating the speed
limit, you have broken a vehicle and traffic law.
Legislation
Legislation (or"statutory law") is law which has been promulgated (or "enacted") by
a legislature or other governing body or the process of making it. Before an item of legislation
becomes law it may be known as a bill, and may be broadly referred to as "legislation", while it
remains under consideration to distinguish it from other business. Legislation can have many
purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare
or to restrict. It may be contrasted with a non-legislative act which is adopted by an executive or
administrative body under the authority of a legislative act or for implementing a legislative act.
Legislation, also known as statutory law, is the basic structure of present legal system of India.
Statutory laws are based on the statutes enacted and imposed by the legislature. A statute is a
formal act of the Legislature in written form. It declares the will of the Legislature. It may be
declaratory of the law, or a command which must be obeyed, or a prohibition forbidding a course
of conduct or a particular act. Legislation, at its best, is not a combat between ideological
opponents but instead a sincere search for the best governing rules for our society.

Policy
Policy is a deliberate system of principles to guide decisions and achieve rational outcomes. A
policy is a statement of intent, and is implemented as a procedure or protocol. Policies are
generally adopted by a governance body within an organization. Policies can assist in
both subjective and objective decision making. Policies to assist in subjective decision making
usually assist senior management with decisions that must be based on the relative merits of a
number of factors, and as a result are often hard to test objectively.
Bar
The meaning of bar in bar Council can be define as the “legal profession or advocacy”. The term
bar means the whole body of lawyers or the legal profession. This is drived from the word
barristers. The bar is profession which deals with law & its different streams. Like in medical
you study medicine in the same way in Bar you study Law.
Appeal
In law, an appeal is the process in which cases are reviewed, where parties request a formal
change to an official decision. Appeals function both as a process for error correction as well as a
process of clarifying and interpreting law
Crime
A crime is an unlawful act punishable by a state or other authority. The term crime does not, in
modern criminal law, have any simple and universally accepted definition, though statutory
definitions have been provided for certain purposes. The most popular view is that crime is a
category created by law
The Indian Penal Code (IPC)

It is a comprehensive code intended to cover all substantive aspects of criminal law. The code
was drafted in 1860 on the recommendations of first law commission of India established in
1834 under the Charter Act of 1833 under the Chairmanship of Lord Thomas Babington
Macaulay. It came into force in British India during the early British Raj period in 1862. The
drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856,
but it did not take its place on the statute book of British India until a generation later, following
the Indian Rebellion of 1857.
Objectives for formation of IPC

1. The objective of this Act is to provide a general penal code for India. Though not the
initial objective, the Act does not repeal the penal laws which were in force at the time of
coming into force in India.
2. This was done because the Code does not contain all the offences and it was possible that
some offences might have still been left out of the Code, which were not intended to be
exempted from penal consequences.

3. Though this Code consolidates the whole of the law on the subject and is exhaustive on
the matters in respect of which it declares the law, many more penal statutes governing
various offences have been created in addition to the code.
Legal Principles of punishment
The penal law of India comprises the provisions of the General law and the provisions of the
Special laws. The general law consists of the provisions of the indian penal code, and the special
laws consist of the provisions which deal with certain specific subjects relating to persons, places
or things. These two segments together constitute the penal law of our country. In order,
therefore, to know what reforms are needed in the provisions of these two segments of penal law
it is necessary to conduct a study separately of the provisions of each of these two segments and
note the factors which justify a change in the provisions.
In order therefore to conduct an exhaustive study of the System of Punishments in India and to
note the factors which cause a reform of its provisions necessary a study is taken up first of the
provisions of the penal code and note the factors in relation to its provisions which justify a
change as necessary.
I. Punishments under the penalcode:

The indian penal code enumerates the different punishments which the courts may award to a
person convicted for a crime:
1. Death Penalty
 It is the most grave penalty imposed by IPC. Many sections still prescribe the punishment
of death. Some of them are as follows:
 Offence under Section 194 IPC where a person gives false evidence with intention to
cause any person to be convicted of capital punishment
 Offence of murder for which punishment of death or imprisonment of life is prescribed
under Section 302 IPC.
 Offence of abetting suicide of child or insane person as mentioned in Section 305 IPC
 In Section 307 when a life convict attempts to murder and hurt is caused Death Sentence
may be imposed.
 Kidnapping for ransom as described under Section 364A may be met with punishment of
Death alongwith other alternative punishments
 If any one of five or more person s who are conjointly committing dacoity,
2). Life Imprisonment:
Living behind the bars are sometimes far more painful than death sentence. It is the most popular
type of sentence after death penalty. In most serious offences this type of punishment is
prescribed. Wherever death penalty is prescribed, life imprisonment also finds a place as an
alternative punishment.
3). Imprisonment both rigorous and simple:
Rigorous imprisonment is of such type where the convict will have to do hard labour. In many
offences the period of imprisonment varies. In simple imprisonment also the term of
imprisonment varies according to offences.
4). Forfeiture of Property:
Forfeiture of property is not very common in IPC. Section 61 which specified sentence of
forfeiture of property has been repealed by Indian Penal Code (Amendment) Act, 1921.
5). Fine: IPC prescribes fine as a penalty both independent and along with other penalties. The
amount of fine varies with offences.

The Code of Criminal Procedure (CrPC)
It is the main legislation on procedure for administration of substantive criminal law in India. It
was enacted in 1973 and came into force on 1 April 1974.
It provides the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and the
determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of offences and maintenance of wife,
child and parents.
At present, the Act contains 484 Sections, 2 Schedules and 56 Forms. The Sections are divided
into 37 Chapters.
Classification of offences under the Code two categories

Cognizable and non-cognizable offences
A. Cognizable Offence
1. Cognizable offence means an offence for which a police officer may, in accordance with
the First Schedule or under any other law for the time being in force, arrest without a
warrant.
2. Cognizable offences are those offences which are serious in nature. Example- Murder,
Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences.
3. Section 154 of CrPc provides that under a Cognizable offence or case, the Police Officer
has to receive the First Information Report (FIR) relating to the cognizable offence,
which can be obtained without the Magistrate’s permission and enter it in the General
Diary to immediately start the investigation. An FIR sets the criminal law in motion.
4. If a Cognizable offence has been committed, a Police Officer can investigate without the
Magistrate’s permission.
B. Non-Cognizable Offence
1. A non-cognizable offence or a non-cognizable case has been defined in the Criminal
Procedure Code as an offence for which the police have no authority to arrest without
a warrant.
2. Non-Cognizable offences are those which are less serious in nature. Example- Assault,
Cheating, Forgery, Defamation, etc.
3. Section 155 of CrPc provides that if a police officer receives information regarding the
commission of a non-cognizable offence, he is supposed to enter the substance of the
case in the station diary and refer the informant to approach the concerned Magistrate.
4. Under a Non-Cognizable offence/case, in order to start the investigation, it is important
for the police officer to obtain the permission from the Magistrate.

Territorial extent, scope and applicability
The Criminal Procedure Code is applicable in the whole of India. The Parliament's power to
legislate in respect of Jammu & Kashmir was curtailed by Article 370 of the Constitution of
India. But now the Parliament has revoked Article 370 from Jammu and Kashmir. Thus CrPC is
applicable to whole India
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI
thereof, shall not apply-
(a) to the State of Nagaland, (b) to the tribal areas,
However the concerned State Government may, by notification apply any or all of these
provisions in these areas. Moreover, the Supreme Court of India has also ruled that even in these
areas, the authorities are to be governed by the substance of these rules
Bodies function under the Code

1. Supreme Court of India
2. High Courts
3. District and Session Judge and Additional District Judges
4. Judicial Magistrates
5. Executive Magistrates
6. Police
7. Public prosecutors
8. Defence Counsels
9. Correctional services personnel
Bail
The term "bail" under the code though the terms "bailable" and "non-bailable" have been
defined. It has however been defined as bailable “the appearance of the accused person on
giving which he is released pending trial or investigation”
If a person is accused of a non-bailable offence, then it is a matter for the Court to grant
or refuse bail and an application needs to be made in Court to grant bail
.
The Supreme Court of India can and has from time to time made certain bailable
offences, non-bailable or vice-a-versa by special directions, to curb increasing menace of certain
crimes in the society. The State Government has the power to make certain offences bailable or
non-bailable in their respective States.
Section
A section refers to a distinct portion or provision of a legal code or set of laws, often establishing
a particular legal requirement. For example- Section 5 of the Indian Contract Act.
Clause
A document is usually broken into several numbered components so that specific sections can be
easily located.
An Act means law i,e. any law is made on any particular matter by the parliament or state
legislatures, after making of law that particular matter is regulated by that law. For example, any
crime or violation of rights regarding to property are deals under “The Transfer of Property act”
through which a punishment will be given for violation of rights.

A policy means goals or objectives set by the governments to achieve. For example when a
new government is made, whether union or state they set an objectives to attain during their
ruling tenure. A “Directive Principles of state policy” of the Indian constitution is one type of
objectives for the union and state governments , it tells that a government will work to achieve
that goals.
Acts once made are binding in people or governments whereas policy is not binding on
governments to achieve that objectives.
Forest law: Forestry laws govern activities in designated forest lands, most commonly with
respect to forest management and timber harvesting.
This Law shall regulate forest conservation, protection, planning, silviculture, utilisation and
management of forests and forest lands, the supervision of the implementation of this Law, as
well as other issues significant for forests and forest lands.
Purpose of the Forest Laws: This Law shall ensure the conditions for sustainable
management of forests and forest lands as goods of public interest, in a manner and to an extent
which conserves and enhances their productivity, biological diversity, ability to regenerate and
vitality, and increases their potential for the mitigation of climate change and their economic,
ecologic and social functions, without inflicting damage to the surrounding ecosystems.
Forest law: Forestry laws govern activities in designated forest lands, most commonly with
respect to forest management and timber harvesting.
This Law shall regulate forest conservation, protection, planning, silviculture, utilisation and
management of forests and forest lands, the supervision of the implementation of this Law, as
well as other issues significant for forests and forest lands.
Purpose of the Forest Laws: This Law shall ensure the conditions for sustainable management
of forests and forest lands as goods of public interest, in a manner and to an extent which
conserves and enhances their productivity, biological diversity, ability to regenerate and vitality,
and increases their potential for the mitigation of climate change and their economic, ecologic
and social functions, without inflicting damage to the surrounding ecosystems.
Forest Concession. A temporary (or terminable) and defined facility involving the use of a
forest or its produce, sanctioned by the owner of a forest to individuals or communities

History of Forest Management in India
EVOLUTION OF FOREST POLICIES IN INDIA
Ancient Indian texts like Arthasastra, Sathapatha Bhramanas, Vedas, Manusmrti, Brhat-
Samhita, Ramayana, Mahabharata, Rajtarangini reflected the concepts of forest conservation in
a sustainable manner. In the Bhagavad Gita, Krishna compares the world to a single banyan tree
with unlimited branches in which all the species of animals, humans and demigods, which
reflects the concept of community ecology. It was also belived that sacredgroves (Tapovana) of
India were rich in biodiversity and ecological wealth, was mentioned in many ancient Indian
documents like Abhigyan Shakuntalam written by Kalidasa. They are small packets of forests
dedicated to local deities.
In the Indus valley civilization, several characteristics of the city planning and social structure
showed environmental awareness. The presence of leaves, wild animals like peacocks, deer,
tigers, elephants, bulls in the seals and the mud pots can indicate the pattern of biodiversity in
those areas. Large extent of deforestation was taken place during the period. Reduction of forests
in that area was due to use of huge amount of timber-wood for burning bricks. So rainfall
reduced and soil erosion caused deposition of silt in the Indus River which had choked
off Mohenjodaro from the sea, causing a rise in the water table that must have been a prime
factor in the destruction of Mohenjodaro.
Forest Protection:
Kautilya’s Arthasastra: Kautilya, also known as Chanakya, was the minister of Chandragupta
Maurya (321-297 BC), India‟s first emperor. The book Arthasastra written by him revealed
importance was given on the protection and management of forests, gardens, orchards as these
all were considered as sources of revenue, besides being of recreational spots.
Arthasastra demonstrates Kautilya’s perception and concern about the living creatures -
domestic and wild animals, plants and vegetations. Penalties and punishments were specified for
injuring living creatures. Special positions were occupied by directors of forests, supervisor of
animal slaughter, superintendents of cattle, horses, elephants, and pastures. These officials used
to protect wildlife, ensured properations for pet animals, regulated grazing, prevented poaching
of wild animals, ensured proper care of domestic animals etc. Individuals were supposed to
follow norms about their dealing with the domestic animals.
The king is supposed to protect forests, elephant forests, irrigation works and mines that were
made in ancient times and also should start new ones. Forests were considered as a valuable
resource, forest products should be used in a sustainable manner and factories for goods made
from forest products was started. As Kautilya mentioned in Arthasastra for cutting any part of
a tree, fines of variable amounts were imposed on the offender depending on the types of injury.
Emphasis was given particularly on those which bear fruits, flowers or provide shades. Among
material forests, one which was large, full of resource, accessible and watered by a river was
given more importance, because it could be a shelter in time of trouble. The environmental
issues described in Arthasastra are very much relevant in modern society.
In 1972, the conference on human environment in Stockholm mentioned about some principles
which were very much similar to the edicts of Arthasastra. Even in India, some ofthe
environmental laws like Water (prevention and control of pollution) Act 1974, The Forest
Conservation Act 1980 and The Wildlife (Protection) Act 1972 show amazing similarity with
forms and contents of Arthasastra
During British period

Timber resources in India were declining rapidly under the pressures of the high timber demand
in the British Empire, local use, the rapid expansion of colonial agriculture and the associated
loss of forestry cover in India during the first half of the 19th century.
An important turning point in the history of Indian forestry was the construction of a railway
network after 1850. The network of tracks increased from only 32 kilometres in 1853 to over
51,650 kilometres in 1910. Indian trees, particular sal (Shorea robusta), deodar cedar (Cedrus
deodara), and teak (Tectona grandis) were much used as sleepers, because of their strength and
perceived resistance against rotting. Already severely depleted by the clearance of forests for
commercial purposes earlier in the century, India experienced a resource crunch, and the
authorities realised that the intensive extraction of timber could not be sustained indefinitely. In
order to secure a continuous flow of timber the forests had to be brought under control using a
management regime that would protect the forests and perpetuate the production of timber.
In 1874, in an address to the Royal Scottish Arboricultural Society, Hugh Cleghorn, the first
Inspector General of Forests in India, told his audience that “the government in India began to
be seriously embarrassed by the scarcity of timber; its attention was directed to the
management of the indigenous forests”. A second reason why the authorities became
increasingly alarmed about the rate of forest clearing was the combined impact of imperialism
and local overexploitation of the forests in tropical landscapes. They believed that deforestation
caused desiccation, a drying out of the land surface, resulting in a decline in rainfall, flash floods,
soil degradation, and silting up of rivers. For example, the First Conservators of Forests in
India, Dr Gibson in Bombay and Dr Cleghorn in Madras, warned in the 1840s and 1850s about
the increasing devastation of forests and the resulting silting up of rivers.
Alarmed by these developments, Lord Dalhousie, Governor-General of India at the time,
published a paper in which he laid down the first outline of an India-wide forest policy, including
the establishment of a Forestry Service, in 1854. Two years after the forest policy paper, in 1856,
Dietrich Brandis, a German Botanist and forester, was appointed Superintendent of Forests in
Burma. Brandis is widely regarded as the Founder of Modern Forestry In India, a fact that was
gratefully acknowledged by Indian Government officials:
…the man to whom…must be accorded the proud title of the father of Indian forestry, is
Dr Brandis...
It was Brandis who First introduced Practical Scientific Forestry in India by carrying out
systematic surveys and drawing up management plans based on growth statistics. The objective
of this scientific method was to measure the annual growth of tree stands and to evaluate how
much timber could be extracted annually without compromising the future productivity of the
forest.
The British authorities were so impressed by Brandis’ work that he was appointed as the First
Inspector General of Forests in India, a post he had to share with Scottish botanist Hugh
Cleghorn, when the Indian Forestry Service was established in 1864. Brandis’ biggest challenge
was to achieve full state control over the forests, an aim that facilitated the development of
scientific forestry in India. The creation of forestry plantations was therefore less important,
although a considerable number of teak plantations, especially in Burma, were created in places
were formerly no forests existed.
However, there was a second factor that produced a brand of forestry slightly different from the
original German type. Brandis had recommended to constitute village forests of the kind
which existed in Germany and France. The local villagers would manage the forests attached to
their villages, although control would not be entirely left to the communities in order to protect
and preserve the productivity of the forests. The idea was that village forests would supply
produce, such as fire wood and construction material, to the inhabitants of the attached village.
However, the colonial government in India saw forest villages as interference with the main
objectives of the state forests to secure timber supply and to make a profit.
This resulted in a policy to restrict access of the local population to the forests they had
previously used as common land.
Dehra Dun and Coopers Hill
The successful dissemination of scientific forestry in India and beyond was to a large extent the
result of the establishment of a forestry school on the subcontinent. Colonel Frederic Bailey of
the Royal Engineers, who had headed the Indian Forest Survey, established a forestry school at
Dehra Dun and became its first director in 1878.
The main objective of the school was to prepare Indians for the executive charge of state forests
and it was organised along the lines of the German forestry schools and included two theoretical
exams in forestry theory, engineering and management and a two year practical. owever, since
the Dehra Dun school was initially only intended for Indian forestry officials, students for higher
offices in the forestry service continued to be send to Germany and France for their training. In
order to bring the education of foresters entirely under British supervision, the leaders of the
Indian Forestry Service, Brandis, Schlich and Ribbentrop pressed for the establishment of a
forestry school for the training of senior forestry officers in Britain. When Schlich left the Indian
Forestry Service in 1885, he returned to Britain and established a forestry training college at the
School of Military Engineering at Coopers Hill.
Another advocate of forestry education in Scotland was Colonel F. Bailey, the First director of
the Indian Forestry School in Dehra Dun.
Brandis, Cleghorn and Bailey had all been high ranking officers in the Indian Forestry Service
and therefor the most visible. However, after about 1870 foresters who had served in India
returned to Britain bringing back the new ideas of scientific forestry which they disseminated
further as they continued to work in forestry in Britain. Forbes described this process in his
book The Development of British Forestry published in 1910:

Beginning of forest policy:
The British administration remained indifferent towards the problem of forestry in the early
years of their rule. They, themselves, were new to ideas of systematic forestry as they had no
developed forest organisation then in England. Reckless exploitation of forests had continued
and they were under the impression that the forest wealth of India was inexhaustible. The policy
to expand agriculture at the cost of forests continued during this period. In 1854, McClelland,
the then Superintendent of Forests in Burma submitted a report to the Government of India
suggesting certain restrictions on the unchecked exploitation of forests by private parties. Based
on this, on 3 August 1855, Lord Dalhousie, Governor General, promulgated for the first time
an outline for forest conservancy by the issue of a “Memorandum of the Government of
India.”This is termed as the “Charter of the Indian Forests.”
Framing of Forest act/policy in British India

Background
Revenue considerations were the guiding factors for the British, for imposing control over the
forests in India. In the early years of British rule in India. In 1807 the East India Company issued
a proclamation asserting sovereignty over the forests of India and forbidding felling of timber by
private individuals. This proclamation enabled the Conservator to establish a timber monopoly
throughout Malabar and Travancor. The colonial rulers did not give much regard to the forest
wealth of our country. But this attitude changed with the end of the eighteenth century when the
shortage of oak trees was increasingly felt in England. In 1855, Lord Delhousie, the then
Governor General had promulgated for the first time an outline of forest conservancy for the
whole of India, declaring monopoly rights over timber standing on state Forest.
While the forest legislations were taking shape in the 1860s, not all provincial states were in
support of the British government’s idea of declaring forests as a reserve or protected forests. For
bringing forest under proper management. The need for a separate enactment was felt.
Accordingly, the Government Forest Act 1865 was enacted.
Indian Forest Act of 1865

This Act was only an enabling one and it empowered the local governments to make rules for the
preservation of flora, forest produce and streams within government forests and to prescribe
punishments for infringement of those rules. In 1864 a separate Forest Department was
established in Calcutta. The forest act was enacted in 1865 and the forest department was
established. This act had 19 sections.
The main purpose of this act was to facilitate the acquisition of the Indian forest areas to supply
timber for railways and to establish the claim of the state on the forest land.
But,
The Act did NOT have provisions to protect the existing rights of the people living in the forests.
Basically this Act was meant to regulate forest exploitation, and the management and

preservation of forest resources. Soon, it was found that the provisions of the Act were not
effective as it lacked deterrent punishment and gave only meager powers to the forest officers.
In fact, all provisions of the 1865 Act were found to be defective, except Section 8, which
according to Baden-Powell, chief architect of the 1878 Act, "gives the one satisfactory power in
the Act, and must be maintained in the new law; arrest without warrant is absolutely essential"
As Brandis put it, "Act VII of 1865 is incomplete in many respects – the most important omission
being the absence of all provisions regarding the definition, regulation, commutation and
extinction of customary rights.
Indian Forest Act 1878

The 1878 Act was a comprehensive document. Compared to the previous legislation the new Act
was entirely different in form and content. The 1878 Act had 83 Sections, divided into 14
Chapters and a Preamble.
The 1878 Act, establishment of absolute state property rights and so a firm settlement between
the state and its subjects over their respective rights in the forests represented the chief concern.
As Brandis put it, "Act VII of 1865 is incomplete in many respects – the most important omission
being the absence of all provisions regarding the definition, regulation, commutation and
extinction of customary rights. Thus, the establishment of state property and the separation of
customary rights became primary objectives of the 1878 Act.
The classification of forests: into
1. In reserved forests (Chapter II):- lands were the absolute property of the government.
2. In protected forests (Chapter IV):- although lands were the property of the
government, the use-rights of the villagers remained.
3. In village forests (Chapter III):- the government held only the rights of management.
Village forests consisted of residual wastelands with negligible forest department control.
The procedure for forest settlement in these, and above classification were the twin features. The
demarcation, an inherent feature of the definition of forests, is based purely on administrative
grounds. However, commerce was the guiding principle.
The reserved/protected classification was guided by the goal of profit from timber. In village
forests, profit was absent. To begin with only areas needed for national requirements and for
export to England were designated as reserved. However, it was not possible to assess these
needs immediately. With time, the area under reserved forests increased. Protected forests were
designated with the goal of converting them into reserved forests. Such conversion took place as
the demand for forest resources increased. There were 14,000 square miles of state forests in
1878. This increased to 56,000 square miles of reserved forests and 20,000 square miles of
protected forests in 1890 and to 81,400 and 8,300 square miles respectively in 1900. The several
amendments to the 1878 Act and the ambiguous language used necessitated a single piece of
legislation that would do away with ambivalence.
In native states like Travancore and Cochin laws passed by native rulers even before the
enactment of the Government Forest Act 1865 continued to be in force. When the Indian Forest

Act 1878 was in force in certain territories of the Madras Presidency sought to legislate locally
by enacting the Madras Forest Act 1882. Since Malabar was part of the Madras Presidency, the
Madras Forest Act 1882 was in force in Malabar area.
In 1894 the Government of India issued a Circular stating its policy of preservation and
protection of forest. It was at the time, Voelekar, Superintendent of Forests, submitted a report
to the Government on “Improvement of Indian Agriculture”. On the basis of these
recommendations, the Government of India declared the forest policy on 19 October 1894. Prior
to the advent of this policy, there was NO uniform system for the management of the forests
which were mostly the properties of the Princely States, nawabs and zamindars.
In it, he stressed the need for formulating a forest policy with a definite objective of serving
agricultural interests.
The policy recognised four categories of forest –
1. Commercial forests: Forest which afforded a supply of valuable timber for.
2. Preservation Forests: the of which was essential on climatic or physical grounds, minor forest
and pasture land
3. Protection afforded to valuable timber yielding forest was on revenue consideration.
4. In order to prevent the devastating action of hill torrents. vegetation on the hill slopes was to
be protected.
Collection of fuel and forest produce was to be controlled by the Goverment in order to prevent
over exploitation of forest and to avoid clashes between the people in the use of forest resources.
The Government's forest policy was limited to achieve these objects.
The Devolution Act of 1920 slightly enhanced the powers of the local Government over the
subject forest. The Devolution Rules framed in the same year under the Government of India Act
1919 gave legislative power over the subject ‘forest’ to the provinces. However, that power was
not an absolute one. Provincial legislature could make law on forests including preservation of
game, buildings and works executed by the Forest Department whereas the Central legislature
retained the legislative powers as regards deforestation of reserved forests. So the Indian Forest
Act 1878 continued in force in those territories in which it was in application.
In 1926 the Royal Commission recommended the utilisation of forest for permanent cultivation
and for the construction of irrigation works. The object of the Britishers was to improve the
economy through maximum exploitation of forests.

National Forest Policy, 1952
(2nd forest policy; 1st FP after independency)
Published vide Notification No. 13/52-F, New Delhi, dated 12th May, 1952
1. In their resolution No. 22-F, dated the 19th October, 1894, the Government of India in the late
Department of Revenue and Agriculture enunciated in broad outlines the general policy to be
followed in the management of State forests in the country. During the interval that has since
elapsed, developments of far-reaching importance have taken place in the economic and political
fields. The part played by forests in maintaining the physical conditions of the country has come to
be better understood. The country has passed through two world wars, disclosed unsuspected
dependence of defence in forests. The reconstruction schemes, such as river valley projects,
development of industries and communications, lean heavily on the produce of forests.
2. While the fundamental concepts underlying the existing forest policy still hold good,
the Government of India consider that the need has now arisen for a reorientation of the
forest policy in the light of changes which have taken place, since it was enunciated.
3. Vital national needs.- The National Forest Policy of India is formulated on the
basis of six paramount needs of the country, namely :-
(1) The need for evolving a system of balanced and complimentary land use:-, under
which each type of land is allotted to that form of use under which it would produce
most and deteriorate least.
(2) The need for checking :-
(a) the denudation in mountainous regions, on which depends the perennial water
supply of the river system whose basins constitute the fertile core of the country;
(b) the erosion progressing space along the treeless banks of the great rivers leading to
ravine formation and on vast stretches of undulating waste lands depriving the
adjoining fields of their fertility;
(c) the invasion of sea sands on coastal tracts and the shifting of sand-dunes, more
particularly in the Rajputana desert.
(3) The need for establishing tree lands, wherever possible, for the amelioration of the
people and climatic conditions promoting the general, well being of the people.
(4) The need for ensuring progressively increasing supplies of grazing small wood for
agricultural implements and in particular of firewood to release the cattle dung for
manure to step up food production.
(5) The need for sustained supply of timber and other forest produce require for
defence, communications and industry.
(6) The need for the realizations of the maximum annual revenue in perpetuity
consistent with the fulfilment of The needs enumerated above.

These vital needs indicate the functions forests are to fulfil and provide the
fundamental basis of the policy governing their future.
4. Functional classification of forests.- Having regard to the functions aforesaid, the

forests of India, whether State or privately owned, may be conveniently classified as
follows :
(a) Protection forests, i.e., those forests which must be preserved or created for
physical and climatic considerations.
(b) National forests, i.e., those which have to be maintained and managed to meet the
needs of defence, communications and other general purposes of public importance.
(c) Village forests, i.e., those which have to be maintained to provide firewood, to
release cow dung for manure and to yield small timber for agricultural implements
and other forest produce for local requirements, and to provide grazing for cattle.
(d) Tree-lands, i.e., those areas which though outside the scope of the ordinary forest
management are essential for the amelioration of the physical conditions of the
country.
This classification is merely illustrative and is by, no means mutually exclusive. In

fact every forest performs more than one function and has, therefore, to be so
managed as to achieve the highest efficiency in respect of the chief functions assigned
to it. This fundamental classification has also no bearing on the classification of the
forest distinguished in the Indian Forest Act, (XVI of 1927), which is based on the
degree of control exercisable in them.
5. Necessity of classification.- This broad functional classification of forests is

necessary to focus attention on the kind and object of management necessary in
each case. Every sizable forest, whatever its composition, location or category,
serves both a protective and productive purpose, and in its utility may be of
local, regional or national significance. The fact, however, must be realised that
the country as a whole has vast stake in the conservation of all forests,
irrespective of their functions and ownership, and, therefore, all of them should
be administered from point of view of national well being.
6. Two possible considerations.- Two considerations, plausible, no doubt, at first
sight but if give.i undue weight may be destructive of national well being in the
long run, should be combated.
They are,-
(1) Neighbouring areas are entitled to a prior claim over a forest and its
produce.
(2) Agricultural requirement has a preferential claim over forest lands.
7. Claims of neighbouring communities.- Village communities in the

neighbourhood of a forest will naturally make greater use of its products for the
satisfaction of their domestic and agricultural needs. Such use, however, should
in no event be permitted at the cost of national interests. The accident of a
village being situated close to a forest does not prejudice the right of the
country as whole to receive the benefits of a national asset. The scientific
consideration of forests inevitably involves the regulation of rights and the
restriction of the privileges of user, depending upon the value and importance
of the forest, however, irksome such restraint may be to neighbouring areas.
The Himalayan forests, for instance, are the greatest of national assets; to them
vve owe the richness of the country. The denudation and under development of
the Himalayan slopes leads to greater intensity and frequency of floods,
recurrent erosion, and to coarse detritus being deposited on the fertile
subordinate tracts. This process inflicts immeasurable loss and misery on the
unsuspecting millions in the Indo Gangetic Plain and brings about a progressive
and permanent impairment of soil fertility, and accumulative reduction in the
agricultural potential of the whole land. While, therefore the needs of the local
population must be met to a reasonable extent, national interests should not be
sacrificed because they are not directly discernible, nor should the rights and
interests of future generations be subordinate to the improvidence of the present
generation.
8. Relinquishment of forests land for agricultural purposes.- The
indiscriminate extension of agriculture and consequent destruction of forests
have not only deprived the local population of fuel and timber, but have also
stripped the land of its natural defences against dust storms, hot desiccating
winds and erosion. The old policy, which envisaged the relinquishment subject
to certain safeguards honoured only in their breach, of even valuable forest and
for permanent cultivation, has resulted in general deterioration of physical
conditions of the detriment of national interests and must, therefore, be given
up. In the abstract, the claims of agriculture undoubtedly appear stronger than
those of forestry. The nation widely entertained the forestry, as such, has no
intrinsic right to land but may be permitted on sufferance on residual and
required for any other purpose, has to be combated. The role of forests in
national economy, both both protective and productive, entitles forests to lay
claim to an adequate share of land. The importance of tree lands in the rural
economy of the region where agriculture constitutes the main stay of the vast
bulk of population can scarcely be over emphasised.
9. Land use.- The correct solution of the land problem is to evolve a system of
balanced and complimentary land use, under which each type of land is allotted
to that form of use under which it would produce most and deteriorate least. A
detailed survey of lands with a view to their proper utilization is, therefore,
highly highly desirable.
10.Protection forests.- "Protection forests" denote forests found, or required, on
hill slopes, river banks, sea shores, or other erodable localities. In such sites, the
need for forest cover is dictated by purely protective physical consideration,
such as prevention of erosion, conservation of moisture, and control of rushing
torrents and floods. The role of such forests in saving the soil from being
washed away and when maintained in catchment areas, in the prevention of
floods and maintenance of stream flow, cannot be over emphasised. On flat
country with loose sandy soil, especially under dry conditions, forests, whether
natural or artificial, perform an essential function in minimising wind erosion,
fixing the soil and preventing the formation of sand dunes, and mitigating the
desiccation of agricultural crops leeward of the tree cover. The National Forest
Policy requires, therefore, an immediate and speedy programme for the re-
conditioning of mountainous regions, river valleys and coastal lands by
establishing protective forest over larger areas, and preserving the existing one.
The primary object of management of such forests should be to utilise in full
their protective influence on the soil, the water regime, and the physical and
climatic factors of the locality; and the interest to be thus protected should far
outweigh those which it may be necessary to restrict. The scientific
management of such "Protection forests" wherever possible, should include the
production and exploitation of timber within the limits of safety.
11.Re-conditioning of hills and dales.- The progressive denudation of hill sides
with serious repercussions on the fertility of the land and the growing erosion
along the basis of rivers of which the Yamuna, the Chambal, the Mahi, the
Narmada, the Kosi and the Damodar are notorious examples, constitute the
major considerations demanding immediate attention.

12.The immobilization of the desert of Rajputana.- Attention also needs to be
drawn here to the Rajputana desert more particularly to the fixation of the
shifting sand-dunes. Strong winds that develop in this region during the
summer transport vast quantities of sand and salt from the sea, and Runn of
Cutch whipping the desert into terrific dust-storms, the fury of which is felt
through out tire North-Western India. The desert has spread through the ages
causing the "westering" of Indus and the 'northering' of the Sutlej, meeting an
obstruction of sorts only along its eastern confines in the Aravallis. The
immobilization of the desert and protection of the remaining fertile belts inside
it constitutes one of the planks of the National Forest Policy.
13.National Forest.- "National Forest" constitute the basis of India's strength and
wealth; for they comprise valuable timber bearing regions the produce of which
is indispensable for defence, communication and vital industries. They have to
be managed chiefly in the interest of the nation as a whole, and their
organization and development is one of the most important functions of the
States. Their management on scientific and business lines is essential for
maintaining a supply of wood for industry/and of large timbers for defence,
communication and other national purposes. The basic policy, so far as such
forests are concerned must be to attain national self sufficiency in those vital
supplies. Future development should, therefore, be directed to that end,
cultivation should not be permitted to encroach upon these valuable timber
bearing tracts. The solution of the food problem of air ever increasing
population must be sought primarily in intensive cultivation and not in
weakening the very basis of national existence by encroaching upon such
forests.
14.Village forests.- "Village Forests" popularly termed "fuel forest" are intended,
in the main, to serve needs of the surrounding villages in respect of small
timber for housing and agricultural implements, firewood, leaves for manure
and folder, fencing thorns, grazing and edible forest products. The supply for
such requirements should be made available at non competitive rates, provided
they are utilised by the village themselves and not traded in. The management
of such village forests should aim at meeting the present as well as future needs
of the local population. Removal of the produce in excess of its annual growth
should not, therefore, be permitted, restrictions should be imposed in the
interests not only of the existing generation but also of posterity. These
considerations render the entrusting of the management of village forests to
panchayats, without appropriate safeguards, a hazardous undertaking as has
been demonstrated in some of the State. The co-operation of Panchayats should
be enlisted in the protection and creation of village forests, and in the
distribution of forest produce assigned to meet the needs of the local
population, but not at the cost of economy and efficiency. While the profit
motive in the management of these forests should be relegated to the
background, there is no justification for allowing them to become a burden on
the general tax payer; the expenses for development and a maintenance of such
forests must come from their own income.
15.Tree-lands.- Although tree-land are not part of regular forests, in a country like
India where their increase, management and development are vital to the needs
of the people they cannot well be left out of any well considered policy. The
Land Transformation Programme of the Government of India, envisages the
planting of 30 crores of trees in ten years; but this number is very far from
about 2,000 crores of trees which would be necessary to restore the
hydrological nutritional balance of the country. The creation of forests by State
Forest Departments on such an elaborate scale is ruled out at present by lack of
founds and trained personnel. They only way in which some progress can be
achieved is by making the whole nation tree conscious. Such consciousness
will stimulate private efforts at tree planting as has been demonstrated by the
success of the National Vana Mahotsava Movement. It will also arrest the
vandalism which feels no scruples in cutting down valuable trees and create
among the populace an urge to secure the protection of trees-a virtue as much
to be desired as it is rare.
16.Scope for increasing tree-lands.- State Government have a vast scope for an
all round increase in the area under tree-lands. Defence, Railways, Public
Works Departments, Universities and Colleges, District Boards, Municipalities
and other local authorities, associations and institutions can lend a helping hand
by converting the lands at their disposal into tree-lands. The new forest policy,
therefore, envisages a concerted and supreme effort on the part of various
Governments and other agencies towards planned afforestation with a view to
the enlargement by the Central/State is clearly indicated. A systematic
programme of extending existing tree-lands and establishing new ones should
be framed by the Government concerned. Under the new policy, it should be
the duty of the Forest Departments concerned :
17.(a) to awaken the interest of the authorities within their region in the
development, extension and establishment of tree-lands;
18.(b) to draw up plans for such purposes bearing in mind the need for species of
commercial importance;
19.(c) to establish nurseries and seed stores in each area for the supply of saplings,
plants and seeds;
20.(d) to supervise the planting of trees, and render such technical assistance as
may be necessary for the development of tree-lands; and
21.(e) to arouse tree consciousness among the people by publicity, by celebrating

the Vana Mahotsava and by encouraging the Van Premi Sangh.
17.Tree-lands in agricultural areas.- The importance of tree-lands in the rural

economy of the regions where agriculture constitutes the mainstay of the vast
bulk of the population cannot be over emphasised. Experience gained during
the first two Vana Mahotsavas indicated a very considerable response in the
countryside, where Government officers had prepared the ground and created
the necessary enthusiasm among people. A campaign inducing villagers to
plant trees in village commons and along roadsides, on the condition that they
would enjoy the benefit of the fruits timber and other produce of trees planted
by them has yielded excellent results and is well worth an extended trial. The
essence of success in such ventures lies in invoking the willing co-operation of
the local villagers, the necessary technical guidance and help being furnished
by the forest and other departments. In most localities, a cultivator has no land
to utilise for raising trees, there is however, nothing to prevent him from
growing at least a few per acre on his own field. Much useful work in this
direction has been done in the western districts of Uttar Pradesh where
cultivators have raised a fair amount of babul (Acacia arbica) in their fields.
Other species may prove to be of equal utility in other regions.
18.Control of private forests.- The ownership of private forests in State where
they still exist, vests in individuals. Such ownership mush, however, be
regulated in the national interest so that the indiscriminate exercise of
individuals rights may not prejudice or endanger, general welfare. Regulation
and control of private forests by the State on physical climatic and economic
grounds is, therefore, imperative. Recent legislation in various State has
assumed the following pattern :
(1) Owners of private forests should, in the first instance, be given an opportunity to
manage their forests in accordance with an approved working plan.

(2) In the case only of recalcitrant owners, who are tempted to sacrifice the capital for
immediate gain, should the management of their forests be made to vest in
Government by due process of law.
(3) The ownership of such vests forests should remain, however unaffected; and the
transfer should relate only to management, the net profits arising therefore, if any,
accruing to the owner.
The object of the legislative measures outlined above stands in gave risk of being
defeated by the tendency discernible among owners of private forests to cash in their
assets by excessive exploitation of forests for personal ends. In order to arrest such
destruction of forests, the National Forests Policy requires that their control and
management should be strictly regulated, and where that cannot be done, they should
be taken over by the State Governments by effective legislation.
19.Proportion of the forests areas.- The proportion of land to be kept permanent

under forests would naturally vary in different regions. Practical considerations
suggest that India as whole, should aim at maintaining one-third of its total land
area under forests. As an insurance against denudation a much larger
percentage of the land about 60 per cent, should be kept under forests for their
protective functions in the Himalayas, the Deccan and other mountainous tracts
liable to erosion. In the plains, where the ground is flat and erosion is normally
not a serious factor, the proportion to be attained should be placed at 20 per
cent; and in view of the pressure of agriculture, effort at the extension of tree-
lands should be concentrated on river banks and other convenient place not
suitable for agriculture. At the same time it must be realised that even
distribution of forests in all physical regions is as much important as its over all
proportion. In certain localities deficient in forest, therefore, afforestation of
marginal lands, and eroded river and village waste-lands, should be undertaken.
Forests area in excess of the indicated proportion, if any, should, however, not
be sacrificed. To maintain an overall average, it is essential that States better
suited for the growth of trees should help to make good the deficiency in those
parts where climatic and edaphic factors militate against tree growth.
20.Wild life.- The National Forest Policy emphasizes the need for affording
protection to the animal kingdom and particularly to rare species as, the lion
and the great one-homed rhinoceros, which are fast disappearing. While the
damage caused by such predators as wild pigs, game and porcupine cannot be
denied, the elimination of their natural enemies tends to multiply them. It is
necessary, therefore, that bird and animal life should be controlled by special
laws and rare fauna preserved by setting up sanctuaries and large scale national
parks. For this purpose, a Central Board of Wild Life has been constituted by
the Government of India, in the Ministry of Food and Agriculture Resolution
No. 7-110/51-F, dated the 4th April, 1952.
21.Grazing.- The controversial question of grazing in State forests calls for a clear
definition of policy. Speaking generally, all grazing in forests, particularly
unlimited or uncontrolled grazing, is incompatible with scientific forestry. At
the same time grazing does take place in forests and must be accepted as a hard
fact. There are indeed circumstances in many regions where a moderate amount
of grazing does little direct harm, and even do a great deal of indirect good >n
reducing the risk of fire and in suspending regression at a desirable stage. But
efficient forest management requires that grazing should be regulated as
regards the time and place, as also the number of cattle admitted. The
formulation of the grazing policy should be based on the following cardinal
principles :-
(a) Continuous grazing on the same areas by large herds is destructive of the
better strains of grasses and lead to a deterioration of the grass complex.
Wherever it is permitted and is in great demand effects of which should be
explained and demonstrated to the villagers.
(b) Cheap forest grazing has a demoralising effect and lead to the viciou spiral
of reckless increase in the number of cattle, inadequate forest grazing reduced
quality of the herds, and further increase in the numbers to offset the fall in
quality. Free and indiscriminate forest grazing is, therefore, a serious
disservice to cattle breeding. The notion that a farmer wealth must be reckoned
in terms of the number of cattle he owns, regardless of quality, is one of the
causes of India's uneconomic cattle wealth and must be combated.
(c) Grazing should not be looked upon primarily as source of revenue. But the
simple and obvious way of regulating and controlling grazing as also
improving the quality both of grazing and cattle themselves, is to institute a
reasonable fee for the privilege of grazing.
(d) Grazing must be allowed in regeneration areas and young plantations during
such periods as the seedlings for establishment; otherwise they stand in danger
of being browsed or trampled upon.
(e) Grazing incidence should be kept at a minimum in protected forests.
22.Sheep and goats.- Experience gained in India and elsewhere points to the
imposition of restrictions on sheep grazing in forests, and the total exclusion of
goats therefrom. The damage to young plants caused by the browsing of these
animals is often irreparable, and their admission into the forest is incompatible
with the aims and objects of forest management. The creation of special fodder
reserves under strict rotational control is indicated for the purpose.
23.Shifting cultivation.- The damage caused to forests by shifting cultivation in
certain areas must be guarded against. To wean the aboriginals who eke out a
precarious shifting from axe-cultivation moving from area to area, away from
their age old and wasteful practices, requires persuasion, not coercion; a
missionary, not an authorisation approach. Possibilities of regulating shifting
cultivation by combining it with forest regeneration (Taungya) to the benefit of
both should be fully explored. Success in this direction depends upon enlisting
the co-operation of the cultivators and gaining their confidence showing
consideration to their needs and wishes.
24.Sustained yields.- With a view to conserving forest resources in perpetuity, the
new forest policy requires scrupulous regard for sustained yield in the
management of all classes of forests. The fluctuations in the annual out turn of
forests upset State budgets, industries and other national enterprises; all
working plans, therefore, should aim at confining them within the narrowest
limits. This aspect assumes even greater significance in case where private
owners manage their own forests. The compilation of all round working plans,
therefore, requires :-
(a) tire calculation of increment so that what is annually put on is annually cut, leaving
the original assets intact or improved;
(b) the preparation of maps and investigation on the propagation and tending of
various species, their increment, the optimum conditions of their growth and the
regulation of yield;
(c) carefully planned afforestation schemes to replace inferior tree growth by valuable
species of commercial importance.
Each State, therefore, should set up a permanent organisation to deal with working
plans. Their compilation and revision, and deviation from them, research and statistics
as well as to conduct detailed surveys of available forest resources which are a sine
qua non for a sound forest management.
25.Forest administration.- The efficiency of forest administration depends

directly on the adequacy of the forest laws, the training and calibre of the
professional forest services, and the progress of research on both the biological
and the utilisation aspects of forestry.
26.Forest legislation.- So far as the forests under the control of the Central
Government and of Part A State are concerned, adequate forest legislation
exists in the Indian Forest Act and the Madras Forest Act. In some of the Part B
State there are Forest regulations having the force of law. But there are some
Part C States where forest laws do not exist. It is necessary, therefore, that State
without a proper Forest Act should enact legislation at an early date on the lines
of the Indian Forest Act, or validate that Act for their territory. Several States
have already enacted legislation for the control of private forests legislation for
private forests, State should not overlook the need for providing adequate staff
for enforcing its provisions.
27.Forest education.- Forestry courses are at present conducted for Forest
Rangers and Superior Forest Officers at the Forest Research Institute and the
College. The State would be well advised to continue taking advantage of the
facilities provided by the Central Government at Dehra Dun, associated with
the well equipped Forest Research Institute, which enjoys a world wide
reputation. A common forest education is a very effective means of inculcating
a spirit de corpsamong forest officers of developing a common outlook in
forestry matters; and of ensuring concerted and integrated policies through out
the country. Openings in the profession of forestry being limited, the
decentralization of forest education will militate against economy and
efficiency; encourage fissiparous tendencies, create unemployment and render
planned development of forest resources difficult.
28.Training of field staff.- Attention has also to be directed to the proper training
of lower executive staff on whose technical skill ultimately depends the proper
execution of forest schemes and their extension. The tendency to start schools
which are not properly equipped should be discouraged. It is necessary that
contiguous States should combine and co-operate in establishing well equipped
and up-to-date training schools for the purpose of meeting their needs in the
most economical manner.
29.Services.- The idea held in some quarters that since forests grow by
themselves, they need no technical management is based on ignorance.
Inadequacy of technical personnel and weakening of the professional standards
of the men called upon to manage forests, would be followed not only by loss
of revenue but also by a general degradation of the forests, resulting in reduced
output of forests produce and in deterioration of physical conditions.
30.Forest Research.- Investigations in the biological aspect of forestry, among
others, silviculture, Botany and entomology have naturally leaned heavily upon
the co-operation of Forest Departments of the various States, most of which
have an organization of their own for the purpose. The maintenance of a
research organisation in each State commensurate with its resources and
requirements is in the interests of efficient forest management of tire country as
a whole. Research in the utilization of forest products has, on the other hand,
always been initiated and conducted at the Forest Research Institute where
special equipment for the purpose exists. This balanced arrangement ensures
both efficiency and economy. The Institute also is naturally the centre for
specialised education in forest industries; and special technical courses in paper
and plywood technology, wood preservation, timber seasoning and other
cognate subjects have been organised to meet demands of industry for
technicians.
31.Liaison with industry.- There is also considerable scope for improvement in
securing the utilisation of the results of research on forest products by
commercial and industrial interests. For ensuring closer contract between the
Forest Research Institute and the interests utilising timber and forest products,
liaison and publicity arrangement at the Institute need to be strengthened.
32.Popular goodwill co-operatives and Forest workers.- While forest
legislation, forest education and forest research constitute the basis for sound
forest management, the welfare and goodwill of the people in the
neighbourhood of forests provide the firm ground on which it stands. No forest
policy, however, well intentioned and meticulously drawn up, has the slightest
chance of success without the willing support and co-operation of the people.
The recognition of their rights to forest produce at concession rates, or free of
royalty, is not by itself enough. What is necessary, is to arouse within the
people a direct interest in the utilisation of forests. Intermediaries, who exploit
both the forests and local labour for their own benefit may with advantage be
supplanted graduals by forestry labour co-operative societies which may be
formed to suit local conditions. Once the local population learns to book upon
the forest as a means of its livelihood, a great step forward will have been
taken.
33.Forest Budgets.- Forestry is a long range enterprise and it becomes incumbent
upon State Governments to secure for its freed from the vagaries of the annual
budget. A steady flow of funds is indispensable for a sustained forest
operations such as replacement of what is removed annually, improvement of
remaining crops, development of communications for opening up remote areas
and protective measures, they have to be based on phased schemes which
should not be set aside lightly. Budget cuts made from year to year to meet the
exigencies of State financiers can only be made at the expense of continuity in
forest management apart from other benefits and at the sacrifice of forest
revenue and other benefits in the coming year. The creation of a sinking fund,
therefore, by investing a portion of the revenue in Government securities, more
particularly during boom years, would not only ensure availability of funds of
replacements and development cost, but may also be made to act as an
equalising fund to be drawn upon in lean years to prevent a fall in revenue. The
immediate profit motive should be rigidly ruled out for this urge may endanger
the supply of large and special timber for defence and industry and lead to a
disturbance of climatic conditions seriously affecting agriculture. The adoption
of rotation to produce large sized timber is often of greater importance to the
general economy of the country than that of rotation which yield the maximum
rate of interest in forest investments.
34.Policy, an enunciation of general principles.- While the discretion of State
Government to regulate the details of forest administration in their respective
territories is left unfettered, the general principles of the above forest policy
should, in paramount national interests, be observed by them in framing their
policies and legislation for the conservation of their forest resources. The forest
policy of every State should be so framed as not to impinge adversely upon the
general economy and physical balance of an adjoining State. It should be in
consonance with the general principles underlying the Forest Policy laid down
by the Centre, for the preservation and development of the nation's forest
resources which are so vital to its general well being.
35.Objects and Reasons.- The following statement of Object and Reasons of the
Indian Forest Bill, was published in the Gazette of India, 1926, Part V,
"The general law relating to forest in British India is contained in the Indian Forest
Act, 1878 and its amending Acts. The present Bill brings the law together within the
scope of one enactment. The Bill is a straight forward consolidating Bill but the
original Act, having been passed before the General Clauses Act, 1897 (X of 1897) it
has been possible to shorten the language of the Bill by taking advantage of the Act.
The ambiguous language of the second paragraph of Section 42 of Act VII of 1878
has been altered in clause 42(2) so as to bring it into conformity with what appears to
have been the original intention of the law. The only other point which calls for
further notice is the extent clause. The original Act, extended to the Province of
Assam but by Regulation VII of 1891, the Indian Forest Act was repealed as far as it
relates to Assam. The Bill accordingly, omits Assam from the extent clause."
36.Scheme of the Act.- There can be no doubt that forests and afforestry are
subjects of prime importance to the administration of a country, and in the need
of public interest. The Forest Act was enacted to preserve and safeguard the
forests generally in India. The Act makes, various provisions for such
conservation of forests, and in the scheme it provides, for a State Government
or over which the Government have proprietary rights, a reserved forest.
Chapter II of the Act, therefore, deals with the subject of reserve forests.
Chapter III deals with the village forests, Chapter IV with protected forests and
Chapter V deals with forests and lands, not being the property of Government.
In this manner the Act, contemplates the protection of forest lands under certain
conditions, whether they be reserved forests, village forests, protected forests or
forests of private owners.
37.Scope of the Act.- Although the Indian Forest Act deals, specifically with :-
(i) reserved forests;
(ii) village forests, viz. reserved forests which have been assigned to any village
community; and
(iii) protected forests;
The preamble and other provisions of the Act are wide enough to cover all
categories of forests.
38.Construction of the Act.- The Indian Forest Act is on curtailing proprietary

rights of individuals and so the Act and the notifications issued under it must be
construed strictly, where the rights of individuals are trenched upon.
An enactment of a character which purports to deprive the subject of his right to resort
to the ordinary courts of justice for relief in certain cases ought to be construed strictly
and the courts should not extend its operation further than the language of the
legislative requires.
39.Jurisdiction of civil courts.- The provisions of the Indian Forest Act, 1878, do
not bar the jurisdiction of the courts to decide whether the land in suit is or is
not forest or waste land and whether, if it be not such land, the plaintiffs are
entitled to the occupation of such land.
40.Procedure for trial of forest offences.- As no provision has been made in the
Indian Forest Act, regulating the manner or place of investigating, inquiring
into, trying or otherwise dealing with forest offences, all offences under the
Indian Forest Act must be investigated, enquired into tried or otherwise dealt
with according to the provisions of the [Code of Criminal Procedure, 1898.]
In the absence of any express provision in the Forest Act to punish an accused for the
violation of the rules made under the Act, the accused should be tried under the
Indian Penal Code.

National Forest Policy, 1988
2nd forest policy after independence
PREAMBLE
In Resolution No.13/52/F, dated the 12th May, 1952, the Government of India in the erstwhile
Ministry of Food and Agriculture enunciated a Forest Policy to be followed in the management
of State Forests in the country. However, over the years,* forests in the country have suffered
serious depletion. This is attributable to relentless pressures arising from ever-increasing demand
for fuelwood, fodder and timber; inadequacy of protection measures; diversion of forest lands to
non-forest uses without ensuring compensatory afforestation and essential environmental
safeguards; and the tendency to look upon forests as Revenue earning resource. The need to
review the situation and to evolve, for the future, a new strategy of forest conservation has
become imperative.
Conservation includes preservation, maintenance, sustainable utilisation, restoration, and
enhancement of the natural environment. It has thus become necessary to review and revise the
National Forest Policy.
BASIC OBJECTIVES
The basic objectives that should govern the National Forest Policy - are the
following:
• Maintenance of environmental stability through preservation and, where necessary, restoration

of the ecological balance that has been adversely disturbed by serious depletion of the forests of
the country.
• Conserving the natural heritage of the country by preserving the remaining natural forests with
the vast variety of flora and fauna, which represent the remarkable biological diversity and
genetic resources of the country.
• Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the
"interest of soil and water conservation, for mitigating floods and droughts and for the
retardation of siltation of reservoirs.
Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal
tracts.
• Increasing substantially the forest/tree cover in the country through massive afforestation and
social forestry programmes, especially on all denuded, degraded and unproductive lands.
• Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the
rural and tribal populations.
• Increasing the productivity of forests to meet essential national needs.
• Encouraging efficient utilisation of forest produce and maximizing substitution of wood.
• Creating a massive people's movement with the involvement of women, for achieving these
objectives and to minimise pressure on existing forests.
The principal aim of Forest Policy must be to ensure environmental stability and
maintenance of ecological balance including atmospheric equilibrium which are vital for
sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit
must be subordinated to this principal aim.
ESSENTIALS OF FOREST MANAGEMENT
1. Existing forests and forest lands should be fully protected and –their productivity improved.
Forest and vegetal cover should be increased rapidly on hill slopes, in catchment areas of rivers,
lakes and reservoirs and ocean shores and, on semi-arid, and and desert tracts.
2. Diversion of good and productive agricultural lands to forestry should be discouraged in view
of the need for increased food production.

3. For the conservation of total biological diversity, the network of national parks, sanctuaries,
biosphere reserves and other protected areas should be strengthened and extended adequately.
4. Provision of sufficient fodder, fuel and pasture, specially in areas adjoining forest, is necessary
in order to prevent depletion of forests beyond the sustainable limit. Since fuelwood continues to
be the predominant source of energy in rural areas, the programme of afforestation should be
intensified with special emphasis on augmenting fuelwood production to meet the requirement of
the rural people.
5. Minor forest produce provides sustenance to tribal population and to other communities
residing in and around the forests. Such produce should be protected, improved and their
production enhanced with due regard to generation of employment and income.
STRATEGY
1. Area under Forests
The national goal should be to have a minimum of one-third of the total land area of the country
under forest or tree cover. In the hills and in mountainous regions, the aim should be to maintain
two-third of the area under such cover in order to prevent erosion and land degradation and to
ensure the stability of the fragile eco-system.
2 Afforestation, Social Forestry & Farm Forestry
1 A massive need-based and time bound programme of afforestation and tree planting, with
particular emphasis on fuelwood and fodder development, on all degraded and denuded lands in
the country, whether forest or non-forest land, is a national imperative.
2 It is necessary to encourage the planting of trees alongside of roads, railway lines, rivers and
streams and canals, an d on other unutilised lands under State/corporate, institutional_ or private
ownership. Green belts should be raised in urban/industrial areas as well as in arid tracts. Such a
programme will help to check erosion and desertification as well as improve the microclimate.
3 Village and community lands, including those on foreshores and environs of tanks, not
required for other productive uses, should be taken up for the development of tree crops and
fodder resources. Technical assistance and other inputs necessary for initiating such programmes
should be provided by the Government. The revenues generated through such programmes
should belong to the panchayats where the lands are vested in them; in all other cases, such
revenues should be shared with the local communities in order to provide an incentive to them.
The vesting, in individuals, particularly from the weaker sections (such as landless labour, small
and marginal farmers, scheduled castes, tribals, women) of certain ownership rights over trees,
could be considered, subject to appropriate regulations; beneficiaries would be entitled to
usufruct and would in turn be responsible for their security and maintenance.
4 Land laws should be so modified wherever necessary so as to facilitate and motivate

individuals and institutions to undertake tree-farming and grow fodder plants, grasses and
legumes on their own land. Wherever degraded lands should be made available for this purpose
either on lease or on the basis of a tree-patta
3. Management of State Forests

1 Schemes and projects which interfere with forests that clothe steep slopes, catchments of
rivers, lakes, and reservoirs, geologically unstable terrain and such other ecologically sensitive
areas should be severely restricted. Tropical rain/moist forests, particularly in areas like
Arunachal Pradesh, Kerala, Andaman & Nicobar Islands, should be totally safeguarded.
2 No forest should be permitted to be worked without - the Government having approved the
management plan, which should be in a prescribed format and in keeping with the National
Forest Policy. The Central Government should issue necessary guidelines to the State
Governments in this regard and monitor compliance.
3 In order to meet the growing needs for essential goods and services which the forests provide,
it is necessary to enhance forest cover and productivity of the forests through the application of
scientific and technical inputs. Production forestry programmes, while aiming at enhancing the
forest cover in the country, and meeting national needs, should also be oriented to narrowing, by
the turn of the century, the increasing gap between demand and supply of fuelwood. No such
programme, however, should entail clear-felling of adequately stocked natural forests. Nor
should exotic species be introduced, through public or private sources, unless long-term
scientific trials undertaken by specialists in ecology, forestry and agriculture have established
that they are suitable and have no adverse impact on native vegetation and environment.
4 Rights and Concessions
1 The rights and concessions, including grazing, should always remain related to the carrying
capacity of forests. The capacity itself should be optimised by increased investment,
silvicultural research and development of the area. Stall-feeding of cattle should be encouraged'.
The requirements of the community, which cannot be met by the rights and concessions so
determined, should be met by development of social forestry outside the reserved forests.
2 The holders of customary rights and concessions in forest areas should be motivated to identify
themselves with the protection and development of forests from which they derive benefits. The
rights and concessions from forests should primarily be for the bonafide use of the communities
living within and around forest areas, specially the tribals.
3 The life of tribals and other poor living within and near forests revolves around forests. The
rights and concessions enjoyed by them should be fully protected. Their domestic requirements
of fuelwood, fodder, minor forest produce and construction timber should be the first charge on
forest produce. These and substitute materials should be made available through conveniently
located depots at reasonable prices.
4 Similar consideration should be given to scheduled castes and other poor living near forests.
However, the area, which such consideration should cover, would be determined by the carrying
capacity of the forests.
5 Wood is in short supply. The long-term solution for meeting the existing gap lies in increasing
the productivity of forests, but to relieve the existing pressure on forests for the demands of
railway sleepers, construction industry (particularly in the public- sector), furniture and
panelling, mine-pit props, paper and paper board etc. substitution of wood needs to be taken
recourse to. Similarly, on the front of domestic energy, fuelwood needs to be substituted as far as
practicable with alternate sources like bio-gas, LPG and solar energy. Fuel-efficient "Chulhas" as
a measure of conservation of fuelwood need to be popularised in rural areas.
5 Diversion of Forest Lands for Non-forest purposes

1. Forest land or land with tree cover should not be -treated merely as a resource readily
available to be utilised for various projects and programmes, but as a national asset which
requires to be properly safeguarded for providing sustained benefits to the entire community.
Diversion of forest land for any non-forest purpose should be subject to the most careful
examinations by specialists from the standpoint of social and environmental costs and benefits.
Construction of dams and reservoirs, mining and industrial development and expansion of
agriculture should be consistent with the needs for conservation of trees and forests. Projects
which involve such diversion should at least provide in their investment budget, funds for
regeneration/compensatory afforestation.
2 Beneficiaries who are allowed mining and quarrying in forest land and in land covered by trees
should' be required to repair and re-vegetate the area in accordance with established forestry
practices. No mining lease should be granted to any party, private or public, without a proper
mine management plan appraised from the environmental angle and enforced by adequate
machinery.
6. Wildlife Conservation
Forest Management should take special care of the needs of wildlife conservation, and forest
management plans should include prescriptions for this purpose. It is specially essential to
provide for "corridors" linking the protected areas in order to maintain genetic continuity
between artificially separated sub-sections of migrant wildlife.

7. Tribal People and Forests
Having regard to the symbiotic relationship between the tribal people and forests, a primary task
of all agencies responsible for forest management, including the forest development corporations
should be to associate the tribal people closely in the protection, regeneration and development
of forests as well as to provide gainful employment to people living in and around the forest.
While safeguarding the customary rights and interests of such people, forestry programmes
should pay special attention to the following:
• One of the major causes for degradation of forest is illegal cutting and removal by contractors
and their labour. In order to put, an end to this practice, contractors should be replaced by
institutions such as tribal cooperatives, labour cooperatives, government corporations, etc. as
early as possible;
• Protection, regeneration and optimum collection of minor forest produce along with
institutional arrangements for the marketing of such produce;
• Development of forest villages on par with revenue villages;
• Family oriented schemes for improving the status of the tribal beneficiaries; and
Undertaking integrated are a development programmes to meet the needs of the tribal, economy
in and around the forest areas, including the provision of alternative sources of domestic energy
on a subsidised basis, to reduce pressure on the existing forest areas.
8 Shifting Cultivation
Shifting cultivation is affecting the environment and productivity of land adversely. Alternative
avenues of income, suitably harmonised with the right landuse practices, should be devised to
discourage shifting cultivation. Efforts should be made to contain such cultivation within the area
already affected, by propagating improved agricultural practices. Area already damaged by such
cultivation should be rehabilitated through social forestry and energy plantations.
9. Damage to Forests from Encroachments, Fires and Grazing
1. Encroachment on forest lands has been on the increase. This trend has to be arrested and
effective action taken to prevent its continuance. There, should be no regularisation of existing
encroachments.
2. The incidence of forest fires in the country is high. Standing trees and fodder are destroyed on
a large scale and natural regeneration annihilated by such fires. Special precautions should be
taken during the fire season. Improved and modern management practices should be adopted to
deal with forest fires.
3 Grazing in forest areas should be regulated with the involvement of the community Special
conservation areas, young plantations and regeneration areas should be fully protected. Grazing
and browsing in forest areas need to be controlled. Adequate grazing fees should be levied to
discourage people in forest areas from maintaining large herds of non-essential livestock.
10. Forest-based Industries

The main considerations governing the establishment of forest-based industries and supply of
raw material to them should be as follows:
• As far as possible, a forest-based industry should raise the raw material needed for meeting its
own requirements, preferably by establishment of a direct relationship between the factory and
the individuals who can grow the raw material by supporting the individuals with inputs
including credit, constant technical advice and finally harvesting and transport services.
• No forest-based enterprise, except that at the village or cottage level, should be permitted in
the future unless it has been first cleared after a careful scrutiny with regard to assured
availability of raw material. In any case, the fuel, fodder and timber requirements of the local
population should not be sacrificed for this purpose.
• Forest-based industries must not only provide employment to local people on priority but also
involve them fully in raising trees and raw-material.
• Natural forests serve as a gene pool resource and help to maintain ecological balance. Such
forests will not, therefore, be made available to industries for ' undertaking plantation and for any
other activities.
• Farmers, particularly small and marginal farmers, would be encouraged to grow, on

marginal/degraded lands available with them, wood species required for industries. These may
also be grown along with fuel and fodder species on community lands not required for pasture
purposes, and by Forest department/corporations on degraded forests, not earmarked for
natural regeneration.
• The practice of supply of forest produce to industry at concessional. prices should cease.
Industry should be encouraged to use alternative raw materials. Import of wood and wood
products should be liberalised.
11. Forest Extension

Forest conservation programme cannot succeed without the willing support and cooperation of
the people. It is essential, therefore, to inculcate in the people, a direct interest in forests, their.
development and conservation, and to make them conscious of the value of trees, wildlife and
nature in general. This can be achieved through the involvement of educational institutions, right
from the primary stage. Farmers and interested people should be provided opportunities through
institutions like Krishi Vigyan Kendras, Trainers' Training Centres to learn agrisilvicultural and
silvicultural techniques to ensure optimum use of their land and water resources. Short term
extension courses and lectures should be organised in order to educate farmers. For this purpose,
it is essential that suitable programmes are propagated through mass media, audio-visual aids and
the extension machinery.
12 Forestry Education
Forestry should be recogr1ised both as a scientific discipline as well as a profession. Agriculture
universities and institutions, dedicated to the development of forestry education should formulate
curricula and courses for imparting academic education and promoting postgraduate research and
professional excellence, keeping in view the manpower needs of the country. Academic and
professional qualifications - in forestry should be kept in view for recruitment to the Indian
Forest Service and the State Forest Service. Specialised and orientation courses far developing
better management skills by inservice training need to be encouraged, taking into account the
latest development in forestry and related disciplines.
13 Forestry Research
With the increasing recognition of the importance of forests for environmental health, energy and
employment, emphasis must be laid on scientific forestry research, necessitating adequate
strengthening of the research base as well as new priorities for action. Some broad priority areas
of research and development needing special attention are:
• Increasing the productivity of wood and other forest produce per unit of area per unit time by
the application of modern scientific and technological methods.
• Revegetation of barren/marginal/waste/mined lands and watershed areas.
• Effective conservation and management of existing forest resources (mainly natural forest eco-
systems).
• Research related to social forestry for rural/ tribal development.
• Development of substitutes to replace wood and wood products.
• Research related to wildlife and management of national parks and sanctuaries.

14 Personnel Management
Government policies in personnel management for professional foresters and forest scientists
should aim at enhancing their professional competence and status and attracting and retaining
qualified - and motivated personnel, keeping in view particularly -the Arduous nature of duties
they have to perform, often in remote and inhospitable places.
15 Forest Survey and Data Base
Inadequacy of data regarding forest resources is a matter of concern because this creates a false
sense of complacency. Priority needs to. be accorded to completing the survey of forest resources
in the country on scientific lines and to updating information. For this purpose, periodical
collection, collation and publication of reliable data on relevant aspects of forest management
needs to be improved with recourse to modern technology and equipment.
16 Legal Support and Infrastructure Development
Appropriate legislation should be undertaken, supported by adequate infrastructure, at the Centre

and State levels in order to implement the Policy effectively.
17 Financial Support for Forestry
The objectives of this revised Policy cannot be achieved without the investment of financial and
other resources on a substantial scale. Such investment is indeed fully justified considering the
contribution of forests in maintaining essential ecological processes and life support systems and
in preserving genetic diversity. Forests should not be looked upon as a source of revenue. Forests
are a renewable natural resource. They are a national asset to be protected and enhanced for the
well-being of the people and the Nation.

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Forest Laws, Legislation and Policies (2+0)

Types of laws (4 types)

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The Indian Penal Code (IPC)

Objectives for formation of IPC

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Legal Principles of punishment

I. Punishments under the penalcode:

3). Imprisonment both rigorous and simple:

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Classification of offences under the Code two categories

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(a) to the State of Nagaland, (b) to the tribal areas,

Bodies function under the Code

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F:\notes \Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

During British period

Dehra Dun and Coopers Hill

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Framing of Forest act/policy in British India

Indian Forest Act of 1865

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Indian Forest Act 1878

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The policy recognised four categories of forest –

1. Commercial forests: Forest which afforded a supply of valuable timber for.

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(2) The need for checking :-

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4. Functional classification of forests.- Having regard to the functions aforesaid, the

This classification is merely illustrative and is by, no means mutually exclusive. In

5. Necessity of classification.- This broad functional classification of forests is

7. Claims of neighbouring communities.- Village communities in the

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21.(e) to arouse tree consciousness among the people by publicity, by celebrating

17.Tree-lands in agricultural areas.- The importance of tree-lands in the rural

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19.Proportion of the forests areas.- The proportion of land to be kept permanent

(e) Grazing incidence should be kept at a minimum in protected forests.

25.Forest administration.- The efficiency of forest administration depends

(i) reserved forests;

(iii) protected forests;

38.Construction of the Act.- The Indian Forest Act is on curtailing proprietary

F:\notes \Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

• Maintenance of environmental stability through preservation and, where necessary, restoration

• Increasing the productivity of forests to meet essential national needs.

• Encouraging efficient utilisation of forest produce and maximizing substitution of wood.

ESSENTIALS OF FOREST MANAGEMENT

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2 Afforestation, Social Forestry & Farm Forestry

4 Land laws should be so modified wherever necessary so as to facilitate and motivate

3. Management of State Forests

4 Rights and Concessions

5 Diversion of Forest Lands for Non-forest purposes

F:\notes \Forest Laws, Legislation and Polices.doc\Dr. Kittur BH (2020)

• Development of forest villages on par with revenue villages;

9. Damage to Forests from Encroachments, Fires and Grazing

10. Forest-based Industries

• Farmers, particularly small and marginal farmers, would be encouraged to grow, on

11. Forest Extension

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