Forest Act, 1927

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THE FOREST ACT, 1927 
 
CONTENTS 
CHAPTER I 
 
PRELIMINARY 
1.  Short title and extent 
2.  Interpretation clause 
CHAPTER II 
 
OF RESERVED FORESTS 
3.  Power to reserve forests 
4.  Notification by Provincial Government 
5.  Bar of accrual of forest-rights 
6.  Proclamation by Forest Settlement-officer 
7.  Inquiry by Forest Settlement-officer 
8.  Powers of Forest Settlement-Officers 
9.  Extinction of rights 
10.  Treatment of claims relating to practice of shifting cultivation 
11.  Power to acquire land over which right is claimed 
12.  Order on claims to rights of pasture or to forest-produce 
13.  Record to be made by Forest Settlement-Officer 
14.  Record where he admits claim 

 
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15.  Exercise of rights admitted 
16.  Commutation of rights 
17.  Appeal from order passed under section 11, section 12, section 15 or section 16 
18.  Appeal under section 17 
19.  Pleaders 
20.  Notification declaring forest reserved 
21.  Publication of translation of such notification in neighbourhood of forest 
22.  Power to revise arrangement made under section 15 or section 18 
23.  No right acquired over reserved forest, except as here provided 
24.  Rights not to be alienated without sanction 
25.  Power to stop ways and water-courses in reserved forests 
26.  Acts prohibited in such forests 
27.  Power to declare forest no longer reserved 
CHAPTER III 
 
OF VILLAGE-FORESTS 
28.  Formation of village-forests 
CHAPTER IV 
 
OF PROTECTED FORESTS 
29.  Protected forests 
30.  Power to issue notification reserving trees, etc. 
31.  Publication of translation of such notification in neighbourhood 
32.  Power to make rules for protected forests 
33.  Penalties for acts in contravention of notification under section 30 or of rules under section 
32 
34.  Nothing in this Chapter to prohibit acts done in certain cases 
CHAPTER V 
 
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING 
 
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THE PROPERTY OF GOVERNMENT 
35.  Protection of forests for special purposes 
36.  Power to assume management of forests 
37.  Expropriation of forests in certain cases 
38.  Protection of forests at request of owners 
CHAPTER VI 
 
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 
39.  Power to impose duty on timber and other forest-produce 
40.  Limit not to apply to purchase money or royalty 
CHAPTER VII 
 
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 
41.  Power to make rules to regulate transit of forest produce 
41A.  Powers of Federal Government as to movements of timber across Customs frontiers 
42.  Penalty for breach of rules made under section 41 
43.  Government and Forest-officers not liable for damage to forest-produce at depot 
44.  All persons bound to aid in case of accidents at depot 
CHAPTER VIII 
 
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER 
45.  Certain kinds of timber to be deemed property of Government until title thereto proved, and 
may be collected accordingly 
46.  Notice to claimants of drift timber 
47.  Procedure on claim preferred to such timber 
48.  Disposal of unclaimed timber 
49.  Government and its officers not liable for damage to such timber 
50.  Payments to be made by claimant before timber is delivered to him 
51.  Power to make rules and prescribe penalties 
CHAPTER IX 
 
 
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PENALTIES AND PROCEDURE 
52.  Seizure of property liable to confiscation 
53.  Power to release property seized under section 52 
54.  Procedure thereupon 
55.  Forest-produce, tools, etc., when liable to confiscation 
56.  Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was 
committed 
57.  Procedure when offender not known, or cannot be found 
58.  Procedure as to perishable property siezed under section 52 
59.  Appeal from orders under section 55, section 56 or section 57 
60.  Property when to vest in Government 
61.  Saving of power to release property seized 
62.  Punishment for wrongful seizure 
63.  Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary 
marks 
64.  Power to arrest without warrant 
65.  Power to release on a bond a person arrested 
66.  Power to prevent commission of offence 
67.  Power to try offences summarily 
68.  Power to compound offences 
69.  Presumption that forest-produce belongs to Government 
CHAPTER X 
 
CATTLE-TRESPASS 
70.  Cattle-trespass Act, 1871, to apply 
71.  Power to alter fines fixed under that Act 
CHAPTER XI 
 
OF FOREST-OFFICERS 
 
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72.  Provincial Government may invest Forest-officers with certain powers 
73.  Forest-officer deemed public servants 
74.  Indemnity for acts done in good faith 
75.  Forest-officers not to trade 
 
CHAPTER XII 
 
SUBSIDIARY RULES 
76.  Additional powers to make rules 
77.  Penalties for breach of rules 
78.  Rules when to have force of law 
CHAPTER XIII 
 
MISCELLANEOUS 
79.  Persons bound to assist Forest-officers and Police-officers 
80.  Management of forests the joint property of Government and other persons 
81.  Failure to perform service for which a share in produce of Government forest is employed  
82.  Recovery of money due to Government 
83.  Lien on forest-produce for such money 
84.  Land required under this Act to be deemed to be needed for a public purpose under the Land 
Acquisition Act, 1894 
85.  Recovery of penalties due under bond 
85A.  Saving for rights for Federal Government 
86.  [Omitted]  
 
 
  
 
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THE FOREST ACT, 1927 
1ACT NO. XVI OF 1927 
[21st September, 1927]  
An Act to consolidate the law relating to forests, the transit of forest produce and the duty leviable 
on timber and other forest-produce 
 WHEREAS it is expedient to consolidate the law relating to forests, the transit of Fores ts, the 
transit of forest -produce and the duty leviable on timber and other forest -produce ; It is hereby 
enacted as follows:___  
CHAPTER I 
 
PRELIMINARY 
 1. Short title and extent,___(1) This Act may be called 2[*] Forest Act, 1927. 
 3[(2) It extends to Sind, the Punjab and the North -West Frontier Province (except the District 
of Hazara).  
 (3) The Provincial Government of a Province may, by notification in the official Gazette, 
extend this Act to the whole or any specified part thereof.]  
 2. Interpretation clause. In this Act, unless there is anything repugnant in the subject or 
context,___  
 (1) “cattle” includes elephants, camels, buffaloes, horses, mares, geldings, ponies colts, fillies 
mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;  
 (2) “Forest-officer” means, any person whom 4[* * * ] the 5[Provincial Government] or any 
officer empowered by 4[* * *] the 5[Provincial Government] in this behalf, may appoint to carry out 
all or any of the purposes of this Act or to do a nything required by this Act or any rule made 
thereunder to be done by a Forest-officer;  
 (3) “forest -offence” means an offence punishable under this Act or under any rule made 
thereunder; 
 
 
1It has also been applied to Phulera in the Excluded Area of Upp er Tanawal to the extent the Act is applicable in the N.W.F.P and extended to the 
Excluded Area of Upper Tanawal (N.W.F.P) other than Phulera with effect from such date and subject to such modifications as m ay be notified, see 
N.W.F.P (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.  
It has been amended in its application to the Province of ___  
(i) Punjab, see Punjab Act No. IV of 1948, s. 2.  
(ii) Sind, see Sind Act No. VIII of 1953, s. 2 and  
(iii) West Pakistan, by West Pakistan Ordinance IV of 1962, s. 2 ( with effect from the 22nd January, 1962) and by West Pakistan Act No.VII of 1964, 
s. 2 (with effect from he 17th March, 1964).  
The Act, as in force in the North -West Frontier Province immediately before the commencement of N.W.F.P Regulati on No. II of 1974, has been 
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand Protected Area, by N.W.F.P. R egulation, No. II of 
1974, s. 3.  
2The word “Indian” omitted by A.O., 1949.  
3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 5 and Sch., IV, for sub-sections (2) and (3).  
4The words “the G.G. in C. or” omitted by A.O., 1937.  
5Subs. ibid., for “L.G.”  
 
 
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 (4) “forest-produce” includes___  
(a)  the following whether f ound in, or brought from, a forest or not, that is to 
say:___  
 timber, charcoal, caoutchouc, catechu, wood -oil, resin, natural varnish, bark, lac, mahua 
flowers, mahua seeds 1[ kuth] and myrabolams, and  
(b)  the following when found in, or brought from, a forest, that is to say:___  
(i)  trees and leaves, flowers and fruits, and all other parts or produce not 
herein before mentioned, of trees,  
(ii)  plants not being trees (including grass, creepers, reeds and moss), and 
all parts or produce of such plants,  
(iii)  wild animals and skins, tusks, horns, bones, silk, cocoons, honey and 
wax, and all other parts or produce of animals, and  
(iv)  peat, surface soil, rock, and minerals (including limestone, laterite, mineral 
oils, and all products of mines or quaries);  
 2[(4A) “owner” includes a Court of Wards in respect of property under the superintendence or 
charge of such Court;]  
 (5) “river” includes any stream, canal, creek or other channels, natural or artificial;  
 (6) “timber” includes trees, when they have fallen or have been felled, and all wood whether 
cut up or fashioned or hollowed out for any purpose or not; and  
 (7) “tree” includes palms, bamboos, stumps, brunch-wood and canes.  
CHAPTER II 
 
OF RESERVED FORESTS 
 3. Power to reserve forests. —The 3[Provincial Government] may constitute any fores t-land 
or waste-land which is the property of Government, or over which the Government has p roprietary 
rights, or to the whole or any part of the forest produce of which the Government is entitled, a 
reserved forest in the manner hereinafter provided.  
 4. Notification by Provincial Government.___(1) Whenever it has been decided to constitute 
any land a reserved forest, the 3[Provincial Government] shall issue a notification 4 in the 5[official 
Gazette]___ 
 
 
1Ins. by the Indian Forest (Amdt.) Act, 1930 (XXVI of 1930), s. 2.  
2Clause (4A) ins. by the Indian Forest (Amdt.) Act, 1933 (III of 1933), section. 2. 
3Subs. by A.O., 1937, for “L.G.”.  
4See Government of N.W.F.P., Development Department Notification No. 47207-DD, dated the 21st September, 1951, published in the N.W.F.P. Govt. 
Gazette dated the 18th September, 1951, Pt. I, p. 285.  
5Subs. by A.O., 1937, for “local official Gazette”.  
 
 
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  (a)  declaring that it has been decided to constitute such land a reserved forest;  
(b)  specifying, as nearly as possible, the situation and limits of such land; and  
(c)  appointing an officer (hereinafter called “the Forest Settlement -officer”) to 
inquire into and determine the existence, nature and extent of any rights 
alleged to exist in favour of any person in or over any land comprised within 
such limits or in or over any forest -produce, an d to deal with the sa me as 
provided in this Chapter. 
Explanation.___ For the purpose of clause ( b), it shall be sufficient to describe the limits of 
the forest by roads, rivers, ridges or other well-known or readily intelligible boundaries.  
 (2) The officer appointed under clause ( c) of sub -section (1) shall ordinarily be a person not 
holding any forest-office except that of Forest Settlement-officer.  
 (3) Nothing in this section shall prevent the 1[Provincial Government] from appointing any 
number of off icers not exceeding three, not more than one of whom shall be a person holding any 
forest-office except as aforesaid, to perform the duties of a Forest Settlement-officer under this Act.  
 5. Bar of accrual of forest -rights.— After the issue of a notificat ion under section 4, no 
right shall be acquired in or over the land comprised in such notification, except by succession or 
under a grant or contract in writing made or entered into by or 2[on behalf of the Government] or 
some person in whom such right was vested when the notification was issued; and no fresh clearings 
for cultivation or for any other purpose shall be made in such land except in accordance with such 
rules as may be made by the 1[Provincial Government] in this behalf.  
 6. Proclamation by Fo rest Settlement-officer.—When a notification has been issued under 
section 4, the Forest Settlement-officer shall publish in the local vernacular in every town and village 
in the neighborhood of the land comprised therein, a proclamation___  
(a)  specifying, as nearly as possible, the situation and limits of the proposed 
forest;  
(b)  explaining the consequences which, as hereinafter provided, will ensue on the 
reservation of such forest; and  
(c)  fixing a period of not less than three months from the date  of such 
proclamation, and requiring every person claiming any right mentioned in 
section 4 or section, 5 within such period either to present to the Forest 
Settlement officer a written notice specifying or to appear before him and 
state, the nature of suc h right and the amount and particulars of the 
compensation (if any) claimed in respect thereof.  
 7. Inquiry by Forest Settlement-officer.— The Forest Settlement-officer shall take down in 
writing all statements made under section 6, and shall at some convenient place inquire into all 
claims duly preferred under that section, and the existence of any rights mentioned in section 4 or 
section 5 and not claimed under section 6 so far as the same may be ascertainable from the records of 
Government and the evidence of any persons likely to be acquainted with the same.  
1Subs. ibid., for “L.G.”.  
2The original words “on behalf of Govt.” were first su bs. by A. O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 
1956), to read as above.  
 
 
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 8. Powers of Forest Settlement -Officers.— For the purpose of such inquiry, the Forest 
Settlement-officer may exercise the following powers, that is to say:___  
(a)  power to enter, by himself or any officer authorised by him for the purpose, 
upon any land, and to survey, demarcate and make a map of the same; and  
(b)  the powers of a Civil Court in the trial of suits.  
 9. Extinction of ri ghts.— Rights in respect of which no claim has been preferred under 
section 6, and of the existence of which no knowledge has been acquired by inquiry under section 7, 
shall be extinguished, unless before the notification under section 20 is published, the  person 
claiming them satisfies the Forest Settlement -officer that he had sufficient cause for not preferring 
such claim within the period fixed under section 6.  
 10. Treatment of claims relating to practice of shifting cultivation. —(1) In the case of a 
claim relating to the practice of shifting cultivation, the Forest Settlement -officer shall record a 
statement setting forth the particulars of the claim and of any local rule or order under which the 
practice is allowed or regulated, and submit the stateme nt to the 1[Provincial Government], together 
with his opinion as to whether the practice should be permitted or prohibited wholly or in part.  
 (2) On receipt of the statement and opinion, the 1[Provincial Government] may make an order 
permitting or prohibiting the practice wholly or in part.  
 (3) If such practice is permitted wholly or in part, the Forest Settlement -officer may arrange 
for its exercise___  
(a)  by altering the limits of the land under settlement so as to exclude land of 
sufficient extent, of a suitable kind, and in a locality reasonably convenient for 
the purposes of the claimants, or  
(b)  by causing certain portions of the land under settlement  to be separately 
demarcated, and giving permission to the claimants to practice shifting 
cultivation therein under such conditions as he may prescribe.  
 (4) All arrangements made under sub -section (3) shall be subject to the previous sanction of 
the 1[Provincial Government].  
 (5) The practice of shifting cultivation shall in all cases be deemed a privilege subject to 
control, restriction and abolition by the 1[Provincial Government].  
 11. Power to acquire land over which right is claimed .___(1) In the c ase of a claim to a 
right in or over any land, other than a right -of-way or right of pasture, or a right to forest produce or 
a water-course, the Forest Settlement -officer shall pass an order admitting or rejecting the same in 
whole or in part.  
 (2) If such claim is admitted in whole or in part, the Forest Settlement-officer shall either___  
  (i)  exclude such land from the limits of the proposed forest; or  
  (ii)  come to an agreement with the owner thereof for the surrender of his rights; or  
 
1Subs. by A.O., 1937, for “L.G.”.  
 
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 (iii)  proceed to acquire such land in the manner provided by the Land Acquisition 
Act, 1894 (I of 1894).  
 (3) For the purpose of so acquiring such land___  
(a)  the Forest Settlement -officer shall be deemed to be a Collector proceeding 
under the Land Acquisition Act, 1894 (I of 1894);  
(b)  the claimant shall be deemed to be a person interested and appearing before 
him in pursuance of a notice given under section 9 of that Act;  
(c)  the provisions of the preceding sections of that Act shall be deemed to have 
been complied with; and  
(d)  the Collector, with the consent of the claimant, or the Court, with the consent 
of both parties, may award compensation in land,  or partly in land and partly 
in money.  
 12. Order on claims to rights of pasture or to forest -produce.—In the case of a claim to 
rights of pasture or to forest -produce, the Forest Settlement -Officer shall pass an order admitting or 
rejecting the same in whole or in part.  
 13. Record to be made by Forest Settlement -Officer.—The Forest Settlement -officer, 
when passing any order under section 12, shall record, so far as may be practicable,___  
(a)  the name, father’s name, caste, residence and occupation of  the person 
claiming the right; and  
(b)  the designation, position and area of all fields or groups fields (if any), and the 
designation and position of all buildings (if any) in respect of which the 
exercise of such rights is claimed.  
 14. Record where he admits claim. —If the Forest Settlement -officer admits in whole or in 
part any claim under section 12, he shall also record the extent to which the claim is so admitted, 
specifying the number and description of the cattle which the claimant is from time to time entitled 
to graze in the forest, the season during which such pasture is permitted, the quantity of timber and 
other forest produce which he is from time to time authorised to take or receive, and such other 
particulars as the case may require. He shall also record whether the timber or other forest -produce 
obtained by the exercise of the rights claimed may be sold or bartered.  
 15. Exercise of rights admitted. ___(1) After making such record the Forest Settlement -
officer shall, to the best of his a bility, having due regard to the maintenance of the reserved forest in 
respect of which the claim is made, pass such orders as will ensure the continued exercise of the 
rights so admitted.  
 (2) For this purpose the Forest Settlement-officer may___  
(a)  set out some other forest -tract of sufficient extent, and in a locality reasonably 
convenient, for the purposes of such claimants, and record an order conferring 
upon them a right of pasture or to forest -produce (as the case may be) to the 
extent so admitted; or  
 
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(b)  so alter the limits of the proposed forest as to exclude forest -land of sufficient 
extent, and in a locality reasonably convenient, for the purposes of the 
claimants; or  
(c)  record an order, continuing to such claimants a right of pasture or to forest -
produce, as the case may be, to the extent so admitted, at such seasons, within 
such portions of the proposed forest, and under such rules, as may be made in 
this behalf by the 1[Provincial Government].  
 16. Commutation of rights. —In case the Forest Settlement -officer finds it impossible, 
having due regard to the maintenance of the reserved forest, to make such settlement under section 
15 as shall ensure the continued exercise of  the said rights to the extent so admitted, he shall, subject 
to such rules as the 1[Provincial Government] may make in this behalf, commute such rights, by the 
payment to such persons of a sum of money in lieu thereof, or by the grant of land, or in such other 
manner as he thinks fit.  
 17. Appeal from order passed under section 11, section 12, section 15 or section 16. —
Any person who has made a claim under this Act, or any Forest -officer or other person generally or 
specially empowered by the 1[Provincial Government] in this behalf, may, within three months from 
the date of the order passed on such claim by the Forest Settlement -officer under section 11, section 
12, section 15 or section 16, present an appeal from such order to such officer of the Revenue 
Department, of rank not lower than that of a Collector, as the 1[Provincial Government] may, by 
notification in the 2[official Gazette], appoint to hear appeals from such orders:  
 Provided that the 1[Provincial Government] may establish a Court (hereinaft er called the 
Forest Court) composed of three persons to be appointed by the 1[Provincial Government], and, 
when the Forest Court has been so established, all such appeals shall be presented to it.  
 18. Appeal under section 17. ___(1) Every appeal under se ction 17 shall be made by petition 
in writing, and may be delivered to the Forest Settlement -officer, who shall forward it without delay 
to the authority competent to hear the same.  
 (2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner 
prescribed for the time being for the hearing of appeals in matters relating to land-revenue.  
 (3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the 
neighborhood of the proposed forest for  hearing the appeal, and shall give notice thereof to the 
parties, and shall near such appeal accordingly.  
 
 (4) The order passed on the appeal by such officer or Court, or by the majority of the 
members of such Court, as the case may be, shall, subject only to revision by the 1[Provincial 
Government], be final.  
 19. Pleaders. —The 1[Provincial Government], or any person who has made a claim under 
this Act, may appoint any person to appear, plead and act on its or his behalf before the Forest 
Settlement-officer, or the appellate officer or Court, in the course of any inquiry or appeal  under this 
Act.  
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
 
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  20. Notification declaring forest reserved. ___(1) When the following events have 
occurred, namely:–  
(a)  the period fixed under section 6 for preferring c laims has elapsed and all 
claims, if any made under that section or section 9 have been disposed of by 
the Forest Settlement-officer ;  
(b)  if any such claims have been made, the period limited by section 17 for 
appealing from the orders passed on such cl aims has elapsed, and all appeals 
(if any) presented within such period have been disposed of by the appellate 
officer or Court; and  
(c)  all lands (if any) to be included in the proposed forest, which the Forest 
Settlement-officer has, under section 11, elected to acquire under the Land 
Acquisition Act, 1894 (I of 1894), have become vested in the Government 
under section 16 of that Act,  
 1[Provincial Government] shall publish a notification 2 in the 3[official Gazette], specifying 
definitely, according to  boundary-marks erected or otherwise, the limits of the forest which is to be 
reserved, and declaring the same to be reserved from a date fixed by the notification.  
 (2) From the date so fixed such forest shall be deemed to be a reserved forest.  
 21. Publication of translation of such notification in neighborhood of forest. —The 
Forest-officer shall, before the date fixed by such notification, cause a translation thereof into the 
local vernacular to be published in every town and village in the neighborhood of the forest.  
 22. Power to revise arrangement made under section 15 or section 18. —The 1[Provincial 
Government] may, within five years from the publication of any notification under section 20, revise 
any arrangement made under section 15 or section 18, and may for this purpose rescind or modify 
any order made under section 15 or section 18, and direct that any one of the proceedings specified 
in section 15 be taken in lieu of any other of such proceedings, or that the rights admitted under 
section 12 be commuted under section 16.  
 23. No right acquired over reserved forest, except as here pr ovided.—No right of any 
description shall be acquired in or over a reserved forest except by succession or under a grant or 
contract in writing made by or 4[on behalf of the Government] or some person in whom such right 
was vested when the notification under section 20 was issued.  
 24. Rights not to be alienated without sanction. ___(1) Notwithstanding anything contained 
in section 23, no right continued under clause (c) of sub -section (2) of section 15 shall be alienated 
by way of grant, sale, lease, mortg age or otherwise, without the sanction of the 1[Provincial 
Government]:  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2For such Notifn., see Gazette of Sind, 1954, Pt. I, p. 897.  
3Subs. by A.O., 1937, for “local official Gazette”.  
4The original words “on behalf of the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 
1956), to read as above 
 
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 Provided that, when any such right is appendant to any land or house, it may be sold or 
otherwise alienated with such land or house.  
 (2) No timber or other forest -produce obtained in exercise of any such right shall be sold or 
bartered except to such extent as may have been admitted in the order recorded under section 14.  
 25. Power to stop ways and water -courses in reserved forests. —The Forest-officer may, 
with the previous sanction of the 1[Provincial Government] or of any officer duly authorised by it  in 
this behalf, stop any public or private way or water -course in a reserved forest, provided that a 
substitute for the way or water -course so stopped, which the 1[Provincial Government] deems to be 
reasonably convenient, already exists, or has been provi ded or constructed by the Forest -officer in 
lieu thereof.  
 26. Acts prohibited in such forests.___(1) Any person who___  
(a)  makes any fresh clearing prohibited by section 5, or  
(b)  sets fire to a reserved forest, or, in contravention of any rules made  by the 
2[Provincial Government] in this behalf, kindles any fire, or leaves any fire 
burning, in such manner as to endanger such a forest; or who, in a reserved 
forest___  
(c)  kindles, keeps or carries any fire except at such seasons as the Forest -officer 
may notify in this behalf,  
(d) trespasses or pastures cattle, or permits cattle to trespass;  
(e)  causes any damage by negligence in felling any tree or cutting or dragging any 
timber;  
(f)  fells, girdles, lops, or burns any tree or strips off the bark or leaves from, or 
otherwise damages, the same;  
(g)  quarries stone, burns lime or charcoal, or collects, subjects to any 
manufacturing process, or removes, any forest-produce;  
(h)  clears or breaks up any land for cultivation or any other purpose; [or]2  
(i)  in contravention of any rules made in this behalf by the 1[Provincial 
Government] hunts, shoots, fishes, poisons water or sets trapes or snares; 
3[*  *  *  *  *  *  *]  
 4[*   *   *   *   *   *   *]  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2The word “or” omitted ibid.,  
3Clause (j) omitted ibid.  
4Subs. by A.O., 1937, for “L.G.”.  
 
 
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 shall be punishable with imprisonment for a term which may extend to six months, or with 
fine which may extend to five hundred rupees, or with both, in addition to such compensation for 
damage done to the forest as the convicting Court may direct to be paid.  
 (2) Nothing in this section shall be deemed to prohibit____  
(a)  any act done by permission in writing of the Forest -officer, or under any rule 
made by the 1[Provincial Government] ; or  
(b)  the exercise of any right continued under clause (c) of sub -section (2) of 
section 15, or created by grant or contract in writing made by or 2[on behalf of 
the Government] under section 23.  
 (3) Whenever fire is caused wilfully or by gross negligence in a  reserved forest, the 
1[Provincial Government] may (notwithstanding that any penalty has been inflicted under this 
section) direct that in such forest or any portion there of the exercise of all rights of pasture or to 
forest produce shall be suspended for such period as it thinks fit.  
 27. Power to declare forest no longer reserved. ___(1) The 1[Provincial Government] may, 
3[* * *] by notification4 in the 5[official Gazette], direct that, from a date fixed by such notification, 
any forest or any portion thereof reserved under the Act shall cease to be a reserved forest.  
 (2) From the date so fixed, such forest or portion shall cease to be re served, but the rights (if 
any) which have been extinguished therein shall not revive in consequence of such cessation.  
CHAPTER III 
 
OF VILLAGE-FORESTS 
 28. Formation of village -forests.___(1) The 1[Provincial Government] may assign to any 
village-community the rights of  Government to or over any land which has been constituted a 
reserved forest, and may cancel such assignment. All forests so assigned shall be called village -
forests.  
 (2) The 1[Provincial Government] may make rules for regulating the management of villag e-
forests, prescribing the conditions under which the community to which any such assignment is 
made may be provided with timber or other forest -produce or pasture, and their duties for the 
protection and improvement of such forest.  
 (3) All the provision s of this Act relating to reserved forests shall (so far as they are not  
inconsistent with the rules so made) apply to village-forests.  
 
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2The original words “on behalf of Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 
1956), to read as above.  
3The words “subject to the control of the G.G. in C.” omitted, ibid.,  
4For such Notifn., see Gazette of West Pakistan, 1957, Pt. I, p. 426.  
5Subs. by A.O., 1937, for “local official Gazette”.  
 
 
Page 15 of 30 
 
CHAPTER IV 
 
OF PROTECTED FORESTS 
 29. Protected forests .___(1) The 1[Provincial Government] may, by notification in the 
2[official Gazette], declare the provisions of this Chapter applicable to any forest-land or waste-land 
which, is not included in a reserved forest, but which is the property of Government, or over which 
the Government has proprietary rights, or to the whol e or any part of the forest produce of which the 
Government is entitled.  
 (2) The forest -land and waste -lands comprised in any such notification shall be called a 
“protected forest”.  
 (3) No such notification shall be made unless the nature and extent of the rights of 
Government and of private persons in or over the forest -land or waste-land comprised therein have 
been inquired into an recorded at a survey or settlement, or in such other manner as the 1[Provincial 
Government] thinks sufficient. Every such record shall be presumed to be correct until the contrary is 
proved:  
 Provided that, if, in the case of any forest -land or waste land, the 1[Provincial Government] 
thinks that such inquiry and record are necessary, but that they will occupy such length of time as in 
the meantime endanger the rights of Government, the 1[Provincial Government] may, pending such 
inquiry and record, declare such land to be a protected forest, but so as not to abridge or affect any 
existing rights of individuals or communities.  
 30. Power to issue notification reserving trees, etc .—The 1[Provincial Government] may, 
by notification in the 2[official Gazette],___  
(a)  declare any trees or class of trees in a protected forest to be reserved from a 
date fixed by, the notification;  
(b)  declare that any portion of such forest specified in the notification shall be 
closed for such term, not exceeding thirty years, as the 1[Provincial 
Government] thinks fit, and that the rights of private persons, if any, over such 
portion shall be suspende d during such terms, provided that the remainder of 
such forest be sufficient, and in a locality reasonably convenient, for the due 
exercise of the rights suspended in the portion so closed; or  
(c)  prohibit, from a date fixed as aforesaid, the quarrying of stone, or the burning 
of lime or charcoal, or the collection or subjection to any manufacturing 
process, or removal of, any forest-produce in any such forest, and the breaking 
up or clearing for cultivation, for building, for herding cattle or for any o ther 
purpose, of any land in any such forest.  
 31. Publication of translation of such notification in neighborhood.—The Collector shall 
cause a translation into the local vernacular of every notification issued under section 30 to be 
affixed in a conspicuous place in every town and village in the neighborhood of the forest comprised 
in the notification. 
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
 
Page 16 of 30 
 
 32. Power to make rules for protected forests. —The 1[Provincial Government] may make 
rules to regulate the following matters, namely:  
(a)  the cutting, sawing, conversion and removal of trees and timber, and the 
collection, manufacture and removal of forest-produce, from protected forests;  
(b)  the granting of licences to the  inhabitants of towns and villages in the vicinity 
of protected forests to take trees, timber or other forest -produce for their own 
use, and the production and return of such licences by such persons;  
(c)  the granting of licences to persons felling or re moving trees or timber or other 
forest-produce from such forests for the purposes of trade, and the production 
and return of such licences by such persons;  
(d)  the payments, if any, to be made by the persons mentioned in clauses (b) and 
(c) for permissio n to cut such trees, or to collect and remove such timber or 
other forest-produce;  
(e)  the other payments, if any, to be made by them in respect of such trees, timber 
and produce, and the places where such payment shall be made;  
(f)  the examination of forest-produce passing out of such forests;  
(g)  the clearing and breaking up of land for cultivation or other purposes in such 
forests;  
(h)  the protection from fire of timber lying in such forests and of trees reserved 
under section 30;  
(i)  the cutting of grass and pasturing of cattle in such forests;  
(j)  hunting, shooting, fishing, poisoning water and setting traps or snares in such 
forests, and the killing or catching of elephants in such forests 2[* * *] ;  
(k)  the protection and management of any portion of a forest closed under section 
30; and  
(l)  the exercise of rights referred to in section 29.  
 33. Penalties for acts in contravention of notification under section 30 or of rules under 
section 32.___(1) Any person who commits any of the following offences, namely:–  
(a)  fells, girdles, lops, taps or burns any tree reserved under section 30, or strips 
off the bark or leaves from, or otherwise damages, any such tree;  
(b)  contrary to any prohibition under section 30, quarr ies any stone, or burns any 
lime or charcoal or collects, subjects to any manufacturing process, or 
removes any forest-produce;  
 
1Subs. by A.O., 1937, for “L.G.”.  
2The words “in areas in which the Elephants Preservation Act, 1879, is not in force” omitte d by the Federal Laws (Revision and Declaration) 
Ordinance, 1981 (XXVII of 1981), s. 5 and Sch., IV, only to the extent of Islamabad Capital Territory.  
 
Page 17 of 30 
 
(c)  contrary to any prohibition under section 30, breaks up or clears for cultivation 
or any other purpose any land in any protected forest;  
(d)  sets fire to such forest, or kindles a fire without taking all reasonable 
precautions to prevent its spreading to any tree reserved under section 30, 
whether standing fallen or felled, or to say closed portion of such forest;  
(e)  leaves burning any fire kindled by him in the vicinity of any such tree or 
closed portion;  
(f)  fells any tree or drags any timber so as to damage any tree reserved as 
aforesaid;  
(g)  permits cattle to damage any such tree;  
(h)  infringes any rule made under section 32;  
 shall be punishable with imprisonment for a term which may extend to six months, or with 
fine which may extend to five hundred rupees, or with both.  
  (2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the 
1[Provincial Government] may, notwithstanding that any penalty has been inflicted under this 
section, direct that in such forest or any portion thereof the exercise of any right of pasture or to 
forest-produce shall be suspended for such period as it thinks fit.  
 34. Nothing in this Chapter to prohibit acts done in certain cases. —Nothing in this 
Chapter shall be deemed to prohibit any act done with the permission in writing of the Forest -officer, 
or in accordance with rules made under section 32, or, except as regards any portion of a forest 
closed under section 30, or as regards any rights the exercise of which has been suspended under 
section 33, in the exercise of any right recorded under section 29.  
CHAPTER V 
 
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF 
GOVERNMENT 
 35. Protection of forests for special purposes. ___(1) The 1[Provincial Government] may, by 
notification the 2[official Gazette], regulate or prohibit in any forest or waste-land___  
(a)  the breaking up or clearing of land for cultivation;  
(b)  the pasturing of cattle; or  
(c)  the firing or clearing of the vegetation;  
 when such regulation or prohibition appears necessary for any of the following purposes:___  
(i)  for protection against storms, winds, rolling stones, floods and 
avalanches;  
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
 
Page 18 of 30 
 
(ii)  for the preservation of the soil on the ridges and slopes and in the 
valleys of hilly tracts, the prevention of land -slips or of the formation 
of ravines and torrents, or the protection of land against erosion, or the 
deposit thereon of sand, stones or gravel;  
(iii)  for the maintenance of a water-supply in springs, rivers and tanks;  
(iv)  for the protection of roads, bridges, railways and other lines of 
communication;  
(v)  for the preservation of the public health.  
 (2) The 1[Provincial Government] may, for any such purpose, construct at its own expense, in 
or upon an forest or waste-land, such work as it thinks fit.  
 (3) No notification shall be made under sub -section (1) nor shall any work be begun under 
sub-section (2), until after the issue of a no tice to the owner of such forest or land calling on him to 
show cause, within a reasonable period to be specified in such notice, why such notification should 
not be made or work constructed, as the case may be, and until his objections, if any, and any 
evidence he may produce in support of the same, have been heard by an officer duly appointed in 
that behalf and have been considered by the 1[Provincial Government].  
 36. Power to assume management of forests. ___(1) In case of neglect of, or wilful 
disobedience to, any regulation or prohibition under section 35, or if the purposes of any work to be 
constructed under that section so require, the 1[Provincial Government] may, after notice in writing 
to the owner of such forest or land and after considering his  objections, if any, place the same under 
the control of a Forest-officer, and may declare that all or any of the provisions of this Act relating to 
reserved forests shall apply to such forest or land.  
 (2) The net profits, if any, arising from the management of such forest or land shall be paid to 
the said owner.  
 37. Expropriation of forests in certain cases. ___(1) In any case under this Chapter in which 
the 1[Provincial Government] considers that, in lieu of placing the forest or land under the control of 
a Forest-officer, the same should be acquired for public purposes, the 1[Provincial Government] may 
proceed to acquire it in the manner provided by the Land Acquisition Act, 1894 (I of 1894).  
 (2) The owner of any forest or land comprised in any notification under section 35 may, at 
any time not less than three or more than twelve years from the date thereof, require that such forest 
or land shall be acquired  for public purposes, and the 1[Provincial Government] shall require such 
forest or land accordingly.  
 38. Protection of forests at request of owners.___(1) The owner of any land or, if there more 
than one owner thereof, the owners of shares therein amoun ting in the aggregate at least two -thirds 
thereof may, with a view to the formation or conservation of forests thereon, represent in writing to 
the Collector their desire:___  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
 
Page 19 of 30 
 
(a)  that such land be managed on their behalf by the Forest-officer as a reserved 
or a protected forest on such terms as may be mutually agreed upon; or  
(b)  that all or any of the provisions of this Act be applied to such land.  
 (2) In either case, the 1[Provincial Government] may, by notification in the 2[official Gazette], 
apply to such land such provisions of this Act as it thinks suitable to the circumstances thereof and as 
may be desired by the applicants.  
CHAPTER VI 
 
OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE 
 39. Power to impose duty on timber and other forest -produce.—(1) The 1[Provincial 
Government] may levy a duty in such manner, at such places and at such rates as it may declare by 
notification in the 2[official Gazette] on all timber or other forest-produce___  
(a)  which is produced in 3[Pakistan], and in respect of which 4[the Government] 
has any right;  
(b)  which is brought from any place outside 3[Pakistan] 5[or is transported from or 
to any place within Pakistan]:  
 6[*  *  *  *  *  *  *] 
 
 (2) In every case in which such duty is directed to be levied ad valorem , the 1[Provincial 
Government] may fix by like notification the value on which such duty shall be assessed.  
 7[*  *  *  *  *  *  *]  
 40. Limit not to apply to purchase money or royalty. —Nothing in this Chapter shall be 
deemed to limit the amount, if any, chargeable as purchase -money or royalty on any timber or other 
forest-produce, although the same is levied on such timber or produce while in transit, in the same 
manner as duty is levied.  
CHAPTER VII 
 
OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 
 41. Power to make rules to regulate transit of forest produce. ___(1) The control of all 
rivers and their banks as regards the floating of timber, as well as the contr ol of all timber and other 
forest-produce in transit by land or water, is vested in the 1[Provincial Government], and it may make 
rules to regulate the transit of all timber and other forest-produce. 
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. by A.O., 1937, for “local official Gazette”. 
3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  
4The original words “the Govt.” were first subs. by A.O., 1937, and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 1956 ), to 
read as above.  
5Added by Ordinance X of 1962, s. 2.  
6Proviso omitted by A.O., 1937.  
7Sub-sections (3) and (4), as amended by A.O., 1937, omitted by Ordinance X of 1962, s. 2.  
 
Page 20 of 30 
 
  (2) In particular and without prejudice to the generality of the foregoing power such rules 
may___  
 (a)  prescribe the routes by which alone timber or other forest-produce may be 
imported, exported or moved into, from or within 1[the Province];  
(b)  prohibit the import or export or moving of such timber or other produce 
without a pass from an officer duly authorised to issue the same, or otherwise 
than in accordance with the conditions of such pass;  
(c)  provide for the issue, production and return of such passes and for the payment 
of fees therefor;  
(d)  provide for the stoppage, reporting, examination and marking of timber or 
other forest-produce in transit, in respect of which there is reason to believe 
that any money is payable to 2[the Governmen t] on account of the price 
thereof, or on account of any duty, fee, royalty or charge due thereon, or, to 
which it is desirable for the purposes of this Act to affix a mark;  
(e)  provide for the establishment and regulation of depots to which such timber or 
other produce shall be taken by those in charge of it for examination, or for the 
payment of such money, or in order that such marks may be affixed to it; and 
the conditions under which such timber or other produce shall be brought to, 
stored at and removed from such depots;  
(f)  prohibit the closing up or obstructing of the channel or banks of any river used 
for the transit of timber or other forest -produce, and the throwing of grass, 
brushwood, branches or leaves into any such river or any act which m ay cause 
such river to be closed or obstructed;  
(g)  provide for the prevention or removal of any obstruction of the channel or 
banks of any such river, and for recovering the cost of such prevention or 
removal from the person whose acts or negligence necessitated the same;  
(h)  prohibit absolutely or subject to conditions, within specified local limits, the 
establishment of saw -pits, the converting, cutting, burning, concealing or 
making of timber, the altering or effacing of any marks on the same, or th e 
possession or carrying of marking hammers or other implements used for 
marking timber;  
(i)  regulate the use of property marks for timber, and the registration of such 
marks; prescribe the time for which such registration shall hold good; limit the 
number of such marks that may be registered by any one person, and provide 
for the levy of fees for such registration.  
 (3) The 3[Provincial Government] may direct that any rule made under this section shall not 
apply to any specified class of timber or other forest-produce or to any specified local area. 
 
1Subs. by A.O., 1937, for “British India”.  
2The original word “Govt.” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 ( with effect from the 23rd March, 1956 ), to read as 
above.  
3Subs. by A.O., 1937, for “L.G.”.  
 
Page 21 of 30 
 
 2[41A. Powers of Federal Government as to movements of timber across Customs 
frontiers.—Notwithstanding anything in section 41 3[the Federal Government] may make rules to 
prescribe the route by which alone timber or other forest -produce may be imported, exported or 
moved into or from 4[Pakistan] across any customs frontier as defined by the 3[Federal Government] 
and any rules made under section 41 shall have effect subject to the rules made under this section].  
 42. Penalty for breach of rules made under section 41.___(1) The 1[Provincial Government] 
may by such rules prescribe as penalties for the contravention thereof imprisonmen t for a term which 
may extend to six months, or fine which may extend to five hundred rupees, or both.  
 (2) Such rules may provide that penalties which are double of those mentioned in sub -section 
(1) may be inflicted in cases where the offence is committ ed after sunset and before sunrise, or after 
preparation for resistance to lawful authority, or where the offender has been previously convicted of 
a like offence.  
 43. Government and Forest-officers not liable for damage to forest -produce at depot.—
The 1[Government] shall not be responsible for any loss or damage which may occur in respect of 
any timber or other forest -produce while at a depot established under a rule made under section 41, 
or while detained elsewhere, for the purposes of this Act; and no  Forest-officer shall be responsible 
for any such loss or damage, unless he causes such loss or damage negligently, maliciously or 
fraudulently.  
 44. All persons bound to aid in case of accidents at depot. —In case of any accident or 
emergency involving da nger to any property at any such depot, every person employed at such 
depot, whether by the 5[Government] or by any private person, shall render assistance to any Forest -
officer or Police -officer demanding his aid in averting such danger or securing such p roperty from 
damage or loss.  
CHAPTER VIII 
 
OF THE COLLECTION OF DRIFT AND STRANDED TIMBER 
 45. Certain kinds of timber to be deemed property of Government until title thereto 
proved, and may be collected accordingly. ___(1) All timber found adrift, beached, stranded or 
sunk; all wood or timber bearing marks which have not been registered in accordance with the rules 
made under section 41, or on which the marks have been obliterated, altered or defaced by fire or 
otherwise; and in such areas as the 1[Provincial Government] directs, all unmarked wood and timber; 
shall be deemed to be the property of Government, unless and until any person establishes his right 
and title thereto, as provided in this Chapter.  
(2) Such timber may be collected by any Forest-officer or other person entitled to collect the same by 
virtue of any rule made under section 51, and may be brought to any depot which the Forest -officer 
may notify as a depot for the reception of drift timber.  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2Section 41A ins., ibid.  
3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.  
4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 ( XXI of 1960), s. 3 and 2nd Sch. ( with effect from the 14th October, 1955 ), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  
5Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown” which had been subs. by A.O., 1937, for “Govt.”  
 
Page 22 of 30 
 
  (3) The 1[Provincial Government] may, by notification in the 2[official Gazette] 
exempt any class of timber from the provisions of this section.  
 46. Notice to claimants of drift timber. —Public notice shall from time to time be given by 
the Forest-officer of timber collected under section 45. Such notice shall contain a description of the 
timber, and shall require any person claiming the same to present to such officer, within a period not 
less than two months from the date of such notice, a written statement of such claim.  
 47. Procedure on claim preferred to such timber. ___(1) When any such statement is 
presented as aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject 
the claim after recording his reasons for so doing, or deliver the timber to the claimant.  
 (2) If such timber is claimed by more than one person, the Forest -officer may either deliver 
the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the 
Civil Courts, or retain the timber pending the receipt of an order from any such Court for its disposal.  
 (3) Any person whose claim has been rejected under this section may, within three months 
from the date of such rejection, institute a suit to recover possession of t he timber claimed by him; 
but no person shall recover any compensation or costs against the 3[Government], or against any 
Forest-officer, on account of such rejection, or the detention or removal of any timber, or the 
delivery thereof to any other person under this section.  
 (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it 
has been delivered, or a suit has been brought, as provided in this section.  
 48. Disposal of unclaimed timber. —If no such statement is pr esented as aforesaid, or if the 
claimant omits to prefer his claim in the manner and within the period fixed by the notice issued 
under section 46, or on such claim having been so preferred by him and having been rejected, omits 
to institute a suit to reco ver possession of such timber within the further period fixed by section 47, 
the ownership of such timber shall vest in the Government, or, when such timber has been delivered 
to another person under section 47, in such other person free from all encumbran ces not created by 
him.  
 49. Government and its officers not liable for damage to such timber. —The 
3[Government] shall not be responsible for any loss or damage which may occur in respect any 
timber collected under section 45, and no Forest -officer shall be responsible for any such loss or 
damage, unless he causes such loss or damage negligently, maliciously or fraudulently.  
 50. Payments to be made by claimant before timber is delivered to him.—No person shall 
be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to 
the Forest-officer or other person entitled to receive it such sum on account thereof as may be due 
under any rule made under section 51.  
 51. Power to make rules and prescribe penalties. ___(1) The 1[Provincial Government] may 
make rules to regulate the following matters, namely:___  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
3Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown” which had been subs. by A.O., 1937, for “Govt.”.  
 
Page 23 of 30 
 
 (a)  the salving, collection and disposal of all timber mentioned in section 45;  
(b)  the use and registration of boats used in salving and collecting timber;  
(c)  the amounts to be paid for salving, collecting, moving, storing or disposing 
such timber; and  
(d)  the use and registration of hammers and other instruments to be used marking 
such timber.  
 (2) The 1[Provincial Government] may prescribe, as penalties for  the contravention of any 
rules made under this section, imprisonment for a term which may extend to six months, or fine 
which may extend to five hundred rupees, or both.  
CHAPTER IX 
PENALTIES AND PROCEDURE 
 252. Seizure of property liable to confiscation .___(1) When there is reason to believe that a 
forest-offence has been committed in respect of any forest -produce, such produce, together with all 
tools, boats, carts or cattle used in committing any such offence, may be seized by any Forest -officer 
or Police-officer.  
 (2) Every officer seizing any property under this section shall place on such property a mark 
indicating that the same has been so seized, and shall, as soon as may be, make a report of such 
seizure to the Magistrate having jurisdiction to tr y the offence on account to which the seizure has 
been made:  
 Provided that, when the forest-produce with respect to which such offence is believed to have 
been committed is the property of Government, and the offender is unknown, it shall be sufficient i f 
the officer makes, as soon as may be, a report of the circumstances to his official superior.  
 253. Power to release property seized under section 52 .—Any Forest-officer of a rank not 
inferior to that of a Ranger who, or whose subordinate, has seized an y tools, boats, carts or cattle 
under section 52, may release the same on the execution by the owner thereof a bond for the 
production of the property so, released, if and when so required, before the Magistrate having 
jurisdiction to try the offence on account of which the seizure has been made.  
 54. Procedure thereupon. —Upon the receipt of any such report, the Magistrate shall, with 
all convenient despatch, take such measures as may be necessary for the arrest and trial of the 
offender and the disposal of the property according to law.  
 255. Forest -produce, tools, etc., when liable to confiscation. ___(1) All timber or forest -
produce which is not the property of Government and in respect of which a forest -offence has been 
committed, and all tools, boats, carts and cattle used in committing any forest -offence, shall be liable 
to confiscation.  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
2This section has been amended in the Punjab by the Indian Forest (West Punjab Amdt.) Act, 1948 (IV of 1948), s. 2.  
 
 
Page 24 of 30 
 
 (2) Such confiscation may be in addition to any other punishment prescribed for  such 
offence.  
 56. Disposal, on conclusion of trial for forest -offence, of produce in respect of which it 
was committed.—When the trial of any forest-offence is concluded, any forest-produce in respect of 
which such offence has been committed shall, if it is the property of Government or has been 
confiscated, be taken charge of by a Forest -officer, and, in any other case, ma y be disposed of in 
such manner as the Court may direct.  
 57. Procedure when offender not known, or cannot be found .—When the offender is not 
known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order 
the property in respect of which the offence has been committed to be confiscated and taken charge 
of by the Forest -officer, or to be made over to the person whom the Magistrate deems to be entitled 
to the same:  
 Provided that no such order shall be made until the exp iration of one month from the date of 
seizing such property, or without hearing the person, if any, claiming any rig thereto, and the 
evidence, if any, which he may produce in support of his claim.  
 58. Procedure as to perishable property seized under section 52. —The Magistrate may, 
notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 
52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt 
with such property if it had not been sold.  
 59. Appeal from orders under section 55, section 56 or section 57. —The officer made the 
seizure under section 52, or any of his official superiors, or any person, claiming to be interested in 
the property so seized, may, within  one month from the date of any order passed under section 55, 
section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are 
ordinarily appealable, and the order passed on such appeal shall be final.  
 60. Property whe n to vest in Government .—When an order for the confiscation of any 
property has been passed under section 55 or section 57, as the case may be, and the period limited 
by section 59 for an appeal from such order has elapsed, and no such an appeal has been preferred, or 
when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the 
whole or a portion of such property, such property or such portion thereof, as the case may be, shall 
vest in the Government free from all incumbrances.  
 61. Saving of power to release property seized. —Nothing hereinbefore contained shall be 
deemed to prevent any officer empowered in this behalf by the 1[Provincial Government] from 
directing at any time the immediate release of any property seized under section 52.  
 62. Punishment for wrongful seizure .—Any Forest -officer or Police -officer who 
vexatiously and unnecessarily seizes any property on pretence of seizing property liable to 
confiscation under this Act shall be punishable with imprisonmen t for a term which may extend to 
six months, or with fine which may extend to five hundred rupees, or with both.  
 
1Subs. by A.O., 1937, for “L.G.”.  
  
 
Page 25 of 30 
 
 63. Penalty for counterfeiting or defacing marks on trees and timber and for altering 
boundary marks.—Whoever, with intent to cause damage or injury to the public or to any person or 
to cause wrongful gain as defined in the Pakistan Penal Code (XLV of 1860)___  
(a)  knowingly counterfeits upon any timber or standing tree a mark used by 
Forest-officers to in dicate that such timber or tree is the property of the 
Government or of some person, or that it may lawfully be cut or removed by 
some person; or  
(b)  alters, defaces or obliterates any such mark placed on a tree or on timber by 
under the authority of a Forest-officer; or  
(c)  alters, moves, destroys or defaces any boundary -mark of any forest or waste -
land the provisions of this Act are applied, shall be punishable with 
imprisonment for a term which may extend to two years, or fine, or with both.  
 64. Power to arrest without warrant.___(1) Any Forest-officer or Police-officer may 
without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable 
suspicion exists of his having been concerned in any forest-offence punishable with imprisonment 
for one month or upwards.  
 (2) Every officer making an arrest under this section shall, without unnecessary delay and 
subject to the provisions of this Act as to release on bond, take or send the person arrested before the 
Magistrate having jurisdiction in the case, or to the officer-in-charge of the nearest police-station.  
 (3) Nothing in this section shall be deemed to authorise such arrest for any act which is an 
offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.  
 65. Power to release on a bond a person arrested. —Any Forest -officer of a rank not 
inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions 
of section 64, may release such person on his  executing a bond to appear, if and when so required, 
before the Magistrate having jurisdiction in the case, or before the officer -in-charge of the nearest 
police-station.  
 66. Power to prevent commission of offence. —Every Forest -officer and Police - officer 
shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.  
 67. Power to try offences summarily. —The District Magistrate or any Magistrate of the 
first class specially empowered in this behalf by the 1[Provincial Government] may try summarily, 
under the Code of Criminal Procedure, 1898 (V of 1898), any forest -offence punishable with 
imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or 
both.  
 68. Power to compo und offences.___(1) The 1[Provincial Government] may, by notification 
in the 2[official Gazette], empower a Forest officer____  
(a)  to accept from any person against whom a reasonable suspicion exists that he 
has committed any forest-offence, other than an offence specified in section 62 
or section 63 a sum of money by way of compensation for the offence which 
such person is suspected to have committed, and  
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
 
Page 26 of 30 
 
(b)  when any prope rty has been seized as liable to confiscation, to release the 
same on payment of the value thereof as estimated by such officer.  
 (2) On the payment of such sum of money, or such value, or both, as the case may be, to such 
officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be 
released, and no further proceedings shall be taken against such person or property.  
 (3) A Forest-officer shall not be empowered under this section unless he is a Forest -officer of 
a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one 
hundred rupees, and the sum of money accepted as compensation under clause (a) of sub -section (1) 
shall in no case exceed the sum of fifty rupees.  
 69. Presumption that forest -produce belongs to Government. —When in any proceedings 
taken under this Act, or in consequence of anything done under this Act, a question arises as to 
whether any forest-produce is the property of the Government, such produce shall be presumed to be 
the property of the Government until the contrary is proved. 
CHAPTER X 
 
CATTLE-TRESPASS 
 70. Cattle-trespass Act, 1871, to apply. —Cattle trespassing in a reserved forest any portion 
of a protected forest which has been lawfully closed to grazing shall be deem to be cattle doing 
damages to a public plantation within the meaning of section 11 of Cattle -trespass Act, 1 871 (I of 
1871), and may be seized and impounded as such by Forest-officer or Police-officer.  
 71. Power to alter fines fixed under that Act .—The 1[Provincial Government] may, 
notification in the 2[official Gazette], direct that, in lieu of the fines fixe d under section 12 of the 
Cattle-trespass Act, 1871 (I of 1871),, there shall be levied for each head of cattle impounded under 
section 70 of this Act such fines as it thinks fit, but not exceeding following, that is to say:___  
For each elephant .. .. ..      ten rupees.  
For each buffalo or camel .. ..     two rupees.  
For each horse, mare, gelding, pony, colt, filly, mule, bull,  
bullock, cow, or heifer .. ..      one rupee.  
For each calf, ass, pig, ram, ewe, sheep, lamb,  
goat or kid .. .. ..       eight annas.  
CHAPTER XI 
 
OF FOREST-OFFICERS 
 72. Provincial Government may invest Forest -officers with certain powers. ___(1) The 
1[Provincial Government] may invest any Forest-officer with all or of the following powers, that is to 
say:___  
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
 
Page 27 of 30 
 
(a)  power to enter upon any land and to survey, demarcate and make a map of the 
same;  
(b)  the powers of a Civil Court to compel the attendance of witnesses and 
production of documents and material objects;  
 (c)  power to issue a search -warrant under the Code of Criminal Procedure, 1898 
(V of 1898); and  
(d)  power to hold an inquiry into forest -offences, and, in the course of such 
inquiry, to receive and record evidence.  
 (2) Any evidence recorded under clause ( d) of sub -section (1) shall be admissible in 
subsequent trial before a Magistrate, provided that it has been taken in the presence of accused 
person.  
 73. Forest -officer deemed public servants .—All Forest -officers sha ll be deemed to be 
public servants within the meaning of the Pakistan Penal Code (XLV of 1860).  
 74. Indemnity for acts done in good faith .—No suit shall lie against any public servant for 
anything done by him in good faith under this Act.  
 75. Forest-officers not to trade. —Except with the permission in writing of the 1[Provincial 
Government], no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or 
be or become interested in any lease of any forest or in any contract for working any forest, whether 
in or outside 2[Pakistan].  
CHAPTER XII 
 
SUBSIDIARY RULES 
 76. Additional powers to make rules.—The 1[Provincial Government] may make rules___  
(a)  to prescribe and limit the powers and duties of any Forest -officer under this 
Act;  
(b)  to regulate the rewards to be paid to officers and informers out of the proceeds 
of fines and confiscation under this Act;  
(c)  for the preservation, reproduction and disposal of trees and timber belonging 
to Government, but grown on lands belonging to or  in the occupation of 
private persons; and  
(d)  generally, to carry out the provisions of this Act.  
 77. Penalties for breach of rules . Any person contravening any rule under this Act, for the 
contravention of which no special penalty is provided, shall be punishable with imprisonment for a 
term which may extend to one month, or fine which may extend to five hundred rupees, or both.  
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. by the Central Laws (Statute Reform) Ord inance, 1960 (XXI  of 1960), s. 3 and 2nd  Sch. (with effect from the 14th October, 1955 ), for “the 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  
 
Page 28 of 30 
 
 78. Rules when to have force of law. —All rules made by the 1[Provincial Government] 
under this Act shall be published in the 2[official Gazette], and shall thereupon, so far as they are 
consistent with this Act, have effect as if enacted therein.  
CHAPTER XIII 
 
MISCELLANEOUS 
 79. Persons bound to assist Forest -officers and Police -officers.___(1) Every person who 
exercises any right in a reserved or protected forest, or who is permitted to take any forest -produce 
from, or to cut and remove timber or to pasture cattle in, such forest, and every person who is 
employed by any such person in such forest, and every person in any village contiguous to such 
forest who is employed by the 3[Government], or who receives emoluments from the 3[Government] 
for services to be performed to the community,  
 shall be bound to furnish without unnecessary delay to the nearest Forest -officer or Police -
officer any information he may possess respecting the commission of, or intention to commit, any 
forest-offence, and shall forthwith take steps, whether so required by any Forest -officer or Police-
officer or not,____  
(a)  to extinguish any forest fire in such forest of which he has knowledge or 
information;  
(b)  to prevent by any lawful means in his power any fire in the vicinity of such 
forest of which he has knowledge or information from spreading to such 
forest, and shall assist any Forest-officer or Police-officer demanding his aid  
(c)  in preventing the commission in such forest of any forest-offence; and  
(d)  when there is reason to believe that any such offence has been committed in  
such forest, in discovering and arresting the offender.  
 (2) Any person who, being bound so to do, without lawful excuse (the burden of proving 
which shall lie upon such person) fails___  
(a)  to furnish without unnecessary delay to the nearest Forest -officer or Police - 
(officer any information required by sub-section (1);  
(b)  to take steps as required by sub -section (1) to extinguish any forest fire in a 
reserved or protected forest;  
(c)  to prevent, as required by sub-section (1), any fire in the vicinity of such forest 
from spreading to such forest ; or  
(d)  to assist any Forest -officer or Police -officer demanding his aid in preventing 
the commission in such forest of any forest -offence, or, when there is reason 
to believe that any such offence has been committed in such forest, in 
discovering and arresting the offender;  
 
1Subs. by A.O., 1937, for “L.G.”.  
2Subs. ibid., for “local official Gazette”.  
3Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), for “Crown” which had been subs. by A.O., 1937, for “Govt.”  
 
Page 29 of 30 
 
 shall be punishable with imprisonment for a term which may extend to one month, or with 
fine which may extend to two hundred rupees, or with both.  
 80. Management of forests the joint property of Government and other persons. ____(1) If 
the Government and any person be jointly interested in any forest or waste -land, or in the whole or 
any part of the produce thereof, the 1[Provincial Government] may either___  
(a)  undertake the management of such forest, waste -land or produce, accounting 
to such person for his interest in the same; or  
(b)  issue such regulations for the management of the forest, waste-land or produce 
by the person so jointly interested as it deem s necessary for the management 
thereof and the interests of all parties therein.  
 (2) When the 1[Provincial Government] undertakes under clause (a) of sub -section (1) the 
management of any forest, waste -land or produce, it may, by notification in the 2[official Gazette], 
declare that any of the provisions contained in Chapters II and IV shall apply to such forest, waste -
land or produce, and thereupon such provisions shall apply accordingly.  
 81. Failure to perform service for which a share in produce o f Government forest is 
employed.—If any person be entitled to a share in the produce of any forest which is the property of 
Government or over which the Government has proprietary rights or to any part of the forest-produce 
of which the Government is entit led, upon the condition of duly performing any service connected 
with such forest, such share shall be liable to confiscation in the event of the fact being established to 
the satisfaction of the 1[Provincial Government] that such service is no longer so performed:  
 Provided that no such share be confiscated until the person entitled thereto, and the evidence, 
if any, which he may produce in proof of the due performance of such service, have been heard by an 
officer duly appointed in that behalf by the 1[Provincial Government].  
 82. Recovery of money due to Government. —All money payable to the Government under 
this Act, or under any rule made under this Act, or on account of the price of any forest -produce, or 
of expenses incurred in the execution of this Act in respect of such produce, may, if not paid when 
due, be recovered under the law for the time being in force as if it were an arrear of land-revenue.  
 83. Lien on forest-produce for such money. ___(1) When any such money is payable for or 
in respect o f any forest -produce, the amount thereof shall be deemed to be a first charge on such 
produce, and such produce may be taken possession of by a Forest -officer until such amount has 
been paid.  
 (2) If such amount is not paid when due, the Forest -officer may sell such produce by public 
auction, and the proceeds of the sale shall be applied first in discharging such amount.  
 (3) The surplus, if any, if not claimed within two months from the date of the sale by the 
person entitled thereto, shall be forfeited to 3[Government].  
 
 
1Subs. by A.O., 1937, for “L.G.”.  
3Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).  
 
Page 30 of 30 
 
 84. Land required under this Act to be deemed to be needed for a public purpose under 
the Land Acquisition Act, 1894. —Whenever it appears to the 2[Provincial Government] that any 
land is required for any of the purposes of this Act, such land shall be deemed to be needed for a 
public purpose within the meaning of section 4 of the Land Acquisition Act, 1894 (I of 1894).  
 85. Recovery of penalties due under bond. —When any person, in accordance with any 
provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or 
instrument to perform any duty or act, or convenants by any bon d or instrument that he, or that he 
and his servants and agents will obtain from any act, the whole sum mentioned in such bond or 
instrument as the amount to be paid in case of a breach of the conditions thereof may, 
notwithstanding anything in section 74 of the Contract Act, 1872 (IX of 1872), be recovered from 
him in case of such breach as if it were an arrear of land-revenue.  
 3[85A. Saving for rights for Federal Government. —4[Nothing] in this Act shall authorize 
any Provincial Government to make any order or do any other thing in relation to any 1[Government] 
property not vested in 5[that Provincial Government] (26 Geo. 5, c. 2.) or otherwise to prejudice any 
1[Government] rights, without the consent of the Government or authority concerned.]  
 86. 6[Omitted]  
 THE SCHEDULE .—7[ Repealed.]  
 
 
 
 
 
 
 
 
 
Dated: 05.04.24 
 
1Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23rd March, 1956).  
2Subs. by A.O., 1937, for “L.G.”.  
3S. 85A ins. by A.O., 1937.  
4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 ( XXVII of 1981), s. 5 and Sch., IV, only to the extent of Islamabad Capital 
Territory.  
5Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956.). 
6Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 5 and Sch., IV, only to the extent of Islamabad Capital 
Territory.  
7Rep. by A.O., 1961, Art. 2 and Sch.