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Forest Act 1927

Act xvi of 1927

Province-wise Breakup of Forest • Punjab• Sindh • KPK• Balochistan• AJK• Northern Area

Area of Forest • 3.1% or about 1,687,000 ha of Pakistan is

forested. Pakistan had 340,000 ha of planted forest.

• Change in Forest Cover During the last decade, Pakistan lost an average of 42,000 ha or 1.66% per year. In total, during last decade, Pakistan lost 33.2% of its forest cover, or around 840,000 ha. Pakistan's forests contain 213 million metric tons of carbon in living forest biomass.

Year % Share of Forestry in GDP• 1999-2000 0.66• 2000-2001 0.71• 2001-2002 0.66• 2002-2003 0.70• 2003-2004 0.67• 2006-2007 0.20• 2008-2010 0.10• Note: Only those forest products, which go through

market channel, are valued and reflected in national accounting system. Majority of products are used locally and hence do not contribute to GDP. Environmental services of forests are also ignored.

The Forest Act, 1927• History

The basic purpose of legislation has been to protect the forests from misuse and damage done by either man or animal.

• Forest Policy Objectives1. Lays down procedures for constituting and managing different kinds of

forests like reserved and protected Forests; 2. Provides rules to restrict people’s action in and around public and

community forests; 3. Prescribes duties of the public and the public servants in relation to

forests; and 4. Chalks out penalties for violating rules.

Ownership Arrangements. In Pakistan, forests are held under a variety of ownership

arrangements. According to legal classification, forests are divided

between • Public Forests (state-owned) • Private Forests (non-state).

These are further divided into subcategories. The main categories of public forests are

I. Reserved II. Protected

The main part of private forestsI. Wasteland forests

Reserved Forests• The most well stocked forests (commercially profitable) were

declared as reserved forests It is the strictest tenure class in which locals have no rights. The right of passage, water, and grazing are allowed as concessions with government approval.

• Demarcation of ForestsThe first step in the establishment of state’s control over forests was a demarcation between reserved and wasteland forests

• Forest OfficerAt present the Forest Officer is the person responsible to protect, rather police, and these powers are vested in him under the Forest Act of 1927. ordinarily be a person not holding any forest-office except that of Forest Settlement-officer.

Powers of forest officer Under section 8 of chapter II of the

Forest Act of 1927, “the government may invest any Forest Officer with the following powers,

The powers to enter upon any land Law even gives some police responsibilities, including the power to arrest, to forest officers. And to survey, demarcate and map the same;

The powers of civil court to compel the attendance of the accused and witnesses and the production of documents and material objects

Village ForestForest Act 1927

Formation of Village ForestFormation of Village Forest

Rights to any village communityRights to any village communityRules for management Rules for management Duties of village communityDuties of village community

Unclassed ForestsDefinition

An area recorded as forest but not included in reserved or protected forest category. Ownership status of such forests varies from state to state.

Unclassed Forests• Declaration of unclassed forest• Direct to follow the rules• Rules for management

Protected Forests

protected forests are the one in which human intervention is not prohibited… but hunting and poaching of animals is against the law.

Protected Forests

DECLARE ANY TREES OR CLASS OF TREES IN A PROTECTED FOREST TO BE RESERVED

Power to Issue Notification Reserving Trees

Power to make rules for protected forests

(a)  cutting, sawing, conversion and removal of trees and timber.(b)  cutting of grass and pasturing of cattle(c)  hunting, shooting, fishing, poisoning water and setting trap or snared) protection and management of any portion of the forest(e) quarrying or mining of stones or minerals, burning of lime or charcoal(f) soil, water, natural vegetation, fish, wild animals and wild birdsg)  construction of a building, structure, hutment and cattle pen

Damages and claims

Damages worth Claims

Less than or equals to 1000

Upto Rs. 10000

More than 1000 , less than 10000

Rs. 50000

More than 10000, less than 25000

Rs. 150000

More than 25000, less than 100000

Rs. 500000

. Power To Declare Forest No Longer Protected

The Government shall not declare or notify a protected forest or any part of the protected forest as being no longer protected forest.

PENALTIES AND PROCEDURE

Seizure of property liable to confiscation

Seizure of all tools, boats, vehicles or cattle used in committing any such offence

Procedure thereupon

Magistrate shall,, take such measures as may be necessary

Power to release property

On the execution of a bond by the owner of the property before the Magistrate

Disposal of produce in respect of wich forest offence was committed

Forest produce may be disposed of in such manner as the court directs 

Appeal from orders under section 55, section 56, or section 57

Orders made by Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

Power to release a seized property

Immediate release of any property, which is wrongfully seized under this Act

Punishment for wrongful seizure

imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks

If a person, with intent to cause damage or injury to the public or to any other person, shall be liable to

imprisonment for a term which may extend to two years or fine which may extend to one million rupees or to both

Reward in forest cases.

amount shall not be more than three fourth of the amount of compensation recovered from the person