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[Section Index]

The Forest Act, 1927

( ACT NO. XVI OF 1927 )

Chapter II

OF RESERVED FORESTS

Acts prohibited in such forests
26. 1[(1) Any person who, in a reserved forest-
 
 
(a) kindles, keeps or carries any fire except at such seasons as the Forest-Officer may notify in this behalf.
 
 
(b) trespasses or pastures cattle, or permits cattle to trespass;
 
 
(c) causes any damage by negligence in felling any tree or cutting or dragging any timber;
 
 
(d) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest produce other than timber;
 
 
or who enters a reserved forest with fire arms without prior permission from the Divisional Forest Officer concerned, shall be punishable with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to two thousand Taka, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid.
 
 
(1A) Any person who
 
 
(a) makes any fresh clearing prohibited by section 5; or
 
 
(b) removes any timber from a reserved forest; or
 
 
(c) sets fire to a reserved forest, or, in contravention of any rules made by the 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
 
 
(d) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from or otherwise damages, the same;
 
 
(e) clears or breaks up any land for cultivation or any other purpose 2[or cultivates or attempts to cultivate any land in any other manner];
 
 
(f) in contravention of any rules made in this behalf by the Government, hunts, shoots, fishes, poisons water or sets traps or snares; or
 
 
(g) establishes saw-pits or saw-benches or converts trees into timber without lawful authority,
 
 
shall be punishable with imprisonment for a term which may extend to five years and shall not be less than six months, and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than five thousand Taka, 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 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 on behalf of the Government under section 23.
 
 
(3) Whenever fire is caused wilfully or by gross negligence in a reserved forest, the Government may (notwithstanding that any penalty has been inflicted under this section) direct that in such forest or any portion thereof the exercise of all rights of pasture or to forest-produce shall be suspended for such period as it thinks fit.

  • 1
    Sub-sections (1) and (1A) were substituted, for sub-section (1) by section 9 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990)
  • 2
    The words "or cultivates or attempts to cultivate any land in any other manner" were inserted by section 4 of the Forest (Amendment) Act, 2000 (Act No. X of 2000)
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