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The Forest Act, 1927

( ACT NO. XVI Of 1927 )

Chapter V

OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT

[Repealed]
35. [Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).]
[Repealed]
 
 
36. [Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).]
[Repealed]
37. [Repealed by section 63 of the Private Forests Ordnance, 1959 (Ordinance No. XXXIV of 1959).]
[Repealed]
38. [Repealed by section 63 of the Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).]
Operation of the Privet Forest Ordinance
1[38A. (1) After commencement of this section, the Government may no longer exercise authority to vest control of forest land under sub-section (2) of section 6, section 7 or section 11 of the Private Forest Ordinance, 1959 (E. P. Ordi-nance No. XXXIV of 1959):
 
 
Provided that the forest land already vested shall remain vested.
 
 
(2) After commencement of this section, the Government may no longer exercise authority under section 3 of the Private Forests Ordinance, 1959 (E. P. Ordinance No. XXXIV of 1959) to require private forests to have working plans.
Notice of forest management activities
38B. (1) The Government may make rules for the purpose of issuing notice to owners or occupiers of neighbouring lands at least 30 days before understanding specified forest management activities that may pose a threat of harm to the environment or private or Government property or that the Government may wish to track for statistical purposes.
 
 
(2) Within 20 days after receiving notice of a proposed activity under this section, upon finding that the proposed activity is likely to cause unreasonable damage to the environment or private or Government property, the Government may issue a written order to the owner or occupier of a land to alter or to refrain from the proposed activity to prevent or minimize such damage.
Restricted activities
38C. (1) The Government may make rules to prohibit, restrict or require a permit for land clearing use of pesticides, harvest on steep stopes, or other forest management activities on private land that may pose a threat to property, renewable natural resources or the productivity of land.
 
 
(2) The Government shall empower Forest-officers to issue such permits required under sub-section (1).
Abetment of forest nuisances
38D. (1) Upon a finding that conditions on a land pose a risk of disease, insect outbreak fire or other harm to nearby renewable natural resources, the Government may issue a written order to the owner or occupier of the land to abate such a nuisance within 30 days, or sooner as may be specified in the notice, if the protection of renewable natural resources demands.
 
 
(2) To be effective, an order under sub-section (1) must be delivered personally to the owner or occupier of the land or sent to him by registered post with acknowledgement receipt due, or if the address of the person is unknown, affixed conspicuously at least two locations on the property.
 
 
(3) If the owner or the occupier fails to comply with an order under this section, the Government may enter the land, remove the nuisance and realize compensation as a public demand.]

  • 1
    Sections 38A, 38B, 38C and 38D were inserted by section 10 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)
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Ministry of Law, Justice and Parliamentary Affairs