FOREST (AMENDMENT) ACT, 2022

ACT XXVII OF 2022

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An Act to amend the Forest Act, 1927

[Gazette of Punjab, Extraordinary, 31st October, 2022]

No. PAP/Legis-2(149)/2022/54.–The Forest (Amendment) Bill 2022, originally passed by the Provincial Assembly of the Punjab on the 12^th day of September 2022, was sent to the Governor of the Punjab for assent. The Governor returned the Bill for reconsideration by the Assembly. The Provincial Assembly of the Punjab, after reconsideration, again passed by the Bill on the 19^th day of October 2022. The Bill was again sent to the Governor and assented to by the Governor of the Punjab, on October 27, 2022 is hereby published as an Act of the Provincial Assembly of the Punjab.

It is necessary to amend the Forest Act, 1927 (XVI of 1927) for the purposes hereinafter, appearing.

Be it enacted by Provincial Assembly of the Punjab as follows:

1. Short title and commencement.–(1) This Act may be cited as the Forest (Amendment) Act 2022.

(2) This Act shall come into force at once.

2. Amendment of Section 2 of Act XVI of 1927.–In the Forest Act, 1927 (XVI of 1927), for brevity referred to as ‘the Act’, in Section 2, after clause (b), the following clause (ba)shall be inserted:

“(ba)   “Department” means the Forestry, Wildlife and Fisheries Department of the Government;”.

3. Amendment of Sections 26 and 33 of Act XVI of 1927.–In the Act, in sections 26 and 33:

(a)      in sub-section (2) of both the above said sections, after the word “both”, the words “but the fine shall not be less than the value of damage caused to the forest produce assessed by the Department” shall be inserted;

(b)      in clause (a), in sub-section (3) of both the above said sections, after the word “rupees” appearing for the second time, the expression “but shall not be less than, the value of damage caused to the forest produce assessed by the Department” shall be inserted;

(c)      in clauses (b), (c) and (d), in sub-section (3) of both the above said sections, after the word “rupees” appearing for the third time, the expression “but shall not be less than the value of damage caused to the forest produce assessed by the Department” shall be inserted;

(d)      in clause (e), in sub-section (3) of both the above said sections, after the word “damage” appearing for the second time, the expression “but shall not be less than the value of damage caused to the forest produce assessed by Department” shall be inserted.

(e)      after sub-section (3) of both the above said sections, the following sub-section (3-a) shall be inserted:

“(3-a) In case an offender refuses to pay the value of damage and corresponding amount of fine for the offence, the imprisonment period shall be:–

(a)      seven days if the damage is worth above twenty-five thousand rupees but less than fifty thousand rupees;

(b)      ten days if the damage is worth above fifty thousand rupees but less than seventy-five thousand rupees;

(c)      fifteen days if the damage is worth above seventy-five thousand rupees but less than one hundred thousand rupees;

(d)      one month if the damage is worth above one hundred thousand rupees but less than one hundred fifty thousand rupees;

(e)      two months if the damage is worth above one hundred fifty thousand rupees put less than two hundred fifty thousand rupees;

(f)       three months if the damage is worth above two hundred fifty thousand rupees but less than five hundred thousand rupees;

(g)      four months if the damage is worth above five hundred thousand rupees put less than seven hundred thousand rupees;

(h)      five months if the damage is worth above seven hundred thousand rupees but less than ten hundred thousand rupees; and

(i)       six months if the damage is worth above ten hundred thousand rupees