The Kerala Forest (Amendment) Act, 1993[1] Complete Act - Bare Act

THE KERALA FOREST (AMENDMENT) ACT, 1993[1]

(ACT 2 OF 1993)

An Act further to amend the Kerala Forest Act, 1961.

Preamble.-

WHEREAS it is expedient further to amend the Kerala Forest Act, 1961, for the purposes hereinafter appearing;

BE it enacted in the Forty-fourth Year of the Republic of India as follows:

1.

Short title and commencement

.- (1) This Act may be called the Kerala Forest (Amendment) Act, 1993.

(2) It shall be deemed to have come into force on the 12th day of November, 1992.

2. Amendment of section 7.- In section 7 of the Kerala Forest Act, 1961 (4 of 1962) (hereinafter referred to as the principal Act), in sub-section (1), for the words and figure "proclamation under section 6", the words and figure "notification under section 4" and for the word "proclamation" occurring thereafter at two places, the words and figure "notification under section 4" shall be substituted.

3. Amendment of section 27.- In section 27 of the principal Act,-

(1)

for sub-section (1), the following shall be substituted, namely:-

"(1) Any person who-

(a)

does any act prohibited by section 7; or

(b)

sets fire to a Reserved Forests or kindles or leaves burning any fire in such manner as to endanger the same; or

(c)

sets fire to jungles or forests other than Reserved Forest and a land proposed to be constituted a Reserved Forest, without taking precautionary measures to prevent the spread of fire into Reserved Forest and land ;proposed to be constituted a Reserved Forest; or

(d)

knowingly receives or has in possession of any forest produce illicitly removed from a Reserved Forest or a land proposed to be constituted a Reserved Forest; or

(e)

in a Reserved Forest or in a land proposed to be constituted a Reserved Forest-

(i)

cultivates or clears or breaks up any land for cultivation or for any other purpose or puts up any shed or other structures or plants trees; or

(ii) damages, alters or removes any wall, ditch, embankment, fence hedge or railing; or

(iii) cuts or fells any trees or girdles, marks, lops, taps, uproots, burns, saws, converts or removes any tree including fallen or felled, or strips off the bark or leaves from or otherwise damages the same;

(iv) trespasses or pastures cattle or permits or causes cattle to trespass; or

(v) quarries stones, burns lime or charcoal or collects or subjects to any manufacturing process or removes any forest produce; or

(vi) causes any damage by negligence in felling any tree, reed or cutting or dragging any timber,

shall be punished with imprisonment for a term which shall not be less than one year but may extend to five years and with fine which shall not be less than one thousand rupees but may extend to five thousand rupees in addition to such compensation for damage done to the forest as the convicting court may direct to be paid.".

(2) Sub-section (2) shall be omitted.

4. Amendment of the Schedule.- The Schedule to the principal Act shall be omitted.

5. Repeal and saving.- (1) The Keala Forest (Amendment Ordinance, 1992 (9 of 1992), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.