(a) makes any fresh clearing prohibited by section 5, or

(b) sets fire to a reserved forest, or, in contravention of any rules made by the 1[State 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— 1. Subs. the A.O. 1950, for “Crown”. 17

(c) kindles, keeps or carries any fire except at such seasons as the Forest-officer may notify in this behalf; 1 [* * * *]

(f) fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from, or otherwise damages, the same;

(g) quarries stone, burns lime or charcoal, or collects, subjects to any manufacturing process, or removes, any forest-produce;

(h) clears or breaks up any land for cultivation or any other purpose;

(i) in contravention of any rules made in this behalf by the 2[State Government] hunts, shoots, fishes, poisons water or sets traps or snares; or

(j) in any area in which the Elephants’ Preservation Act, 1879 (6 of 1879), is not in force, kills or catches elephants in contravention of any rules so made; shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, in addition to such compensation for damage done to the forest as the convicting Court may direct to be paid. 3 [(1A) Any person who, in a reserved forest—

(a) trespasses or pastures cattle, or permits cattle to trespass shall be liable to penalty which may extend to five hundred rupees, in addition to such compensation for damage done to the forest as determined by a Forest-officer empowered under section 68;

(b) causes any damage by negligence in felling any tree or cutting or dragging any timber shall be liable to penalty which may extend to five thousand rupees, in addition to such compensation for damage done to the forest as determined by a Forest-officer empowered under section 68.]

(a) any act done by permission in writing of the Forest-officer, or under any rule made by the 2[State Government]; or

(b) the exercise of any right continued under clause

(c) of sub-section

(a) in sub-section

(i) for the words “two thousand rupees” the words “five thousand rupees” shall be substituted; (ii) the following proviso shall be added, namely:— “Provided that, in cases where the forest-offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously 1. Clause

(d) and

(e) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023). 2. Subs. by the A.O. 1950, for “Provincial Government”. 3. Ins. by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023). 18 convicted for any forest-offence the punishment may extend to double the punishment mentioned in this sub-section.”;

(b) after sub-section

(a) The Forest-officer may evict form a reserved forest or from any land in a reserved forest any person who, in such forest, trespasses or pastures cattle, or permits cattle to trespass, or clears or breaks up such land for cultivation or for any other purpose, and may demolish any building erected or construction made by such person on such land.

(b) Any agricultural or other crops grown, or any building erected or any construction made, by any person on any land in a reserved forest shall be liable to confiscation by an order of the Divisional Forest-officer.

(c) The provisions of this sub-section shall have effect notwithstanding any punishment inflicted under sub-section

(c) for sub-section

(i) in clause

(e), substitute the word “dragging” with the words “dragging or removing”; (ii) in clause

(f), substitute the words “the same” with the words “the same or any forest produce”; (iii) for clause

(h), substitute the following clause, namely:––

(h) clears or breaks up any land or erects a fence, enclosure or any structure for cultivation or cultivates or attempts to cultivate any land in any other manner in any reserved forest, or for any other purpose; (iv) in the long line, for the words “six months, or with fine which may extend to five hundred rupees,” substitute the words “two years, or with fine which may extend to twenty five thousand rupees. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 26—In section 26 of the principal Act, in sub-section

(i) in clause

(b) after the words "reserved forest" the words "or to a forest in the land in respect of which a notification under section 4 has been issued" shall be inserted; 19 (ii) in clause

(e) for the word "dragging" the word "removing" shall be substituted; (iii) in clause

(f) after the words "the same" the words "or any forest produce" shall be inserted; (iv) for the words "shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an act under clause

(b) or clause

(f) or clause

(g) or clause

(h), be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees but which shall not be less than five thousand rupees, or with both and for an act under any of the other clauses, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both," shall be substituted.] [Vide Uttar Pradesh Act, 1 of 2001, s. 3] Amendment of section 26.—In sub-section

(a), the following shall be substituted, namely- ''

(a) makes any fresh clearing or does any other act prohibited by section 5, or'' [Vide Uttar Pradesh Act XXIII of 1965, s. 11] Uttarakhand Amendment of section 26.—In section 26 the principal Act, in sub-section

(i) in clause

(b) after the words "reserved forest" the words or "to a forest in the land in respect of which a notification under Section 4 has been issued" shall be inserted; (ii) in clause

(e) for the word "dragging" the word "removing" shall be substituted; (iii) in clause

(f) after the words "the same" the words "or any forest produce" shall be inserted; (iv) for the words "shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both," the words "shall, for an Act described under clause

(b) or clause

(f) or clause

(g) or clause

(h), be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees but which shall not be less than five thousand rupees, or with both, and for an Act described under any of the other clauses, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both, and on the second and every subsequent conviction for the same offence, with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both," shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 3] Maharashtra Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act,--

(i) in sub-section

(b)” and ending with the words “ or who, in a reserved forest” the following shall be substituted, namely :- “

(b) set fire to a reserved forest to a proposed forest in land in respect of which a notification declaring the decision of the State Government to constitute it a reserved forest has been issued under section 4, or in contravention of any rule made by the State Government in this behalf, kindless in 20 such forest any fire or leaves any fire or burning, in such manner as to endanger such a forest; or who, in a reserved forest or a proposed forest in land notified as aforesaid under section 4;”; (ii) after sub-Section

(d) or

(h) of sub-section

(a) a Forest Officer not below the rank of a Ranger, or

(b) a Police Officer not below the rank of a Sub-Inspector, or

(c) a Revenue Officer not below the rank of a Mahalkari or Tahsildar, may evict him from the forest or land in relation to which he has committed the offence.”. [Vide Maharashtra act VI of 1961, s. 7] Maharashtra Amendment of section 26 of Act XVI of 1927.—In section 26 of the principal Act, in sub-section