The Manohar Lal Khattar Government in Haryana has proposed major amendments in the Indian Forest Act, 1927 making forest offences cognizable and non-bailable and giving more powers to forest officers.
The draft Indian Forest (Haryana Amendment) Act, 2021 released by the State Government also proposed enhancement in the amount of fine and term of imprisonment under various sections in a bid to make it more stringent to deter people from committing forest offences.
“Notwithstanding anything contained in this Act or in the code of Criminal procedure, 1973, any offence punishable under Section 26 (Acts prohibited in such forests), Section 33, Section 42 and Section 63 (penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks and for encroachment) shall be non bailable,” the draft says.
Giving greater immunity from prosecution to the forest officers, the draft says, “No Court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to Act in the discharge of his official duty, except with the previous sanction of the State Government.” A new sub section 74 (1) is proposed to be inserted in the Act in this regard.
Providing more powers to the forest officers for removal of encroachment from forest land in the state, the draft proposes new sub-section under Section 66 which states, “Any forest officer, not below the rank of the divisional forest officer, if he has reason to believe that encroachment of the State Government forest land has been made, may evict the encroachment and may use all the powers conferred on an executive magistrate under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972.”
The forest officers have also been given powers to issue eviction orders on encroached land and evict a person from encroached land and take possession of the said land.
The proposed amendments which may stir up a hornet's nest in the state, the draft replaces the word “magistrate” with “authorised officer” for power related to release property seized under Section 52, take measures as maybe necessary for the arrest and trial of the offender and the disposal of the property according to law. The report of seizure will also be made to an “authorized officer” instead of a magistrate.
In the draft, the term “authorised officer” has been defined as an officer authorised under sub-section (1) of Section 52-A and a forest officer not below the rank of extra assistant conservator of forests (ACF).
The proposed amended Section 52 of Act speaks about seizure of property liable to confiscation and procedure therefore. It states, “When there is reason to believe that a forest offence has been committed in respect of any forest produce, such forest produce, together with all tools, boats, cart, cattle, vehicle, machinery, arms, ammunition, chemicals, ropes, chains or other article in committing such offence, as may be seized by forest-officer, police officer.”
Apart from this, a new sub-section 52-E inserted on “Bar of jurisdiction in some cases” states, “Notwithstanding anything to the contrary contained in this Act or in Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tools, vehicle, machinery, arms, cattle or other article is seized, the authorised officer or the State Government shall have jurisdiction; to the exclusion of every other Officer, Court, Tribunal or authority, to make orders with regards to the custody, possession, delivery, disposal or distribution of the property.”
Another new sub-section 52 H has been proposed in the Act on “power of entry, inspection, search and seizure” which says, “Notwithstanding anything contained in any other law for the time being in force, any forest officer not below the rank of a range officer of forests or any police officer not below the rank of a Sub-Inspector, may, if he has reasonable grounds to believe that any forest offence has been committed in contravention of this Act, enter upon, inspect and search any place, premises, appurtenances thereto land, vehicle or boat and seize any illegal forest produce and all tools, arms, boats, vehicles, ropes, chains or any other article used in committing such offence.”
A senior officer of the Haryana Government while talking to The Pioneer on condition of anonymity said, “Certain amendments have been proposed by the State Government in the Indian Forest Act to make it more stringent. Forest officers have been given more powers to deal with the issue of encroachment upon forest land.”
"Over the past few years, several illegal structures have come up on forest land in the state. And, the issue of encroachment of forest land has now become very sensitive after the directions of the Supreme Court for removal of all unauthorized structures in Faridabad's Khori village that had come up on Aravalli forest land. The Court has posted the matter for hearing on September 6," the officer said.
“Keeping in view the current challenges, the government has proposed amendments in certain sections and made new sections and sub sections in Indian Forest Act 1927. We have sought suggestions and objections from the public on the draft Indian Forest (Haryana Amendment) Act, 2021," the officer added.
The draft also proposes an increase in fine and term of imprisonment for various forest offences. For instance, under Section 26 (Acts prohibited in forests), the government has proposed imprisonment for a minimum term of six months which may extend to three years or with minimum fine of Rs 25000 which may extend to Rs one Lakh or with both in addition to such compensation as the Convicting Court may direct to be paid and on the second and every subsequent conviction for the same offence the punishment shall be doubled.
Notably, the recorded forest area (RFA) in Haryana is 1,559 sq km of which 249 sq km is reserved forests, 1,158 sq km is protected forests and 152 sq km is unclassed forests, as per the India State of Forest Report 2019.
The Central Government's latest data shows that a total of 1027.30 hectares forest area is under encroachment in Haryana.