33. Penalties for acts in contravention of notification under section 30 or of rules under
section 32.—
(1) Any person who commits any of the following offences, namely:—
(a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or
leaves from, or otherwise damages, any such tree;
(b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or
charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce;
(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other
purpose any land in any protected forest;
(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its
spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed
portion of such forest;
1
[* * * * *]
(h) infringes any rule made under section 32;
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.
2
[(1A) Any person who in a protected forest—
(a) leaves burning any fire kindled by him in the vicinity of any tree reserved under
section 30, whether standing, fallen or felled, or closed portion of any protected forest;
(b) fells any tree or drags any timber so as to damage any tree reserved as aforesaid,
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.]
(2) Whenever fire is caused willfully or by gross negligence in a protected forest, the State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be
suspended for such period as it thinks fit.
(h) infringes any rule made under section 32;
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.
(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State
Government may, notwithstanding that any penalty has been inflicted under this section, direct that in
such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be
suspended for such period as it thinks fit.
STATE AMENDMENTS
Maharashtra
Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section
(1), for the words “two thousand rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 3]
1. Clauses
(e),
(f) and
(g) omitted by Act 18 of 2023, s. 2 and Schedule (w.e.f. 15-11-2023).
2. Ins. by s. 2 and Schedule, ibid. (w.e.f. 15-11-2023).
25
Jammu and Kashmir and Ladakh (UTs).—
Section 33.-In Sub-section
(1). —
(i) in clause
(c), after the words “or clears”, insert the words “or attempts to break-up or clear”;
(ii) in clause
(f), after the word “drags” , insert the words “or removes”;
(iii) 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 33-In section 33 of the principal Act, in sub-section
(1),—
(i) in clause
(c) after the words "or clears" the words "or, attempts to break up or clear" shall be
inserted;]
(ii) in clause
(f) for the word "drags" the word "removes" shall be substituted;
(iii) for the words "six months or with fine which may extend to five hundred rupees, or with
both" the words "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 and with fine which may extend to ten thousand rupees" shall be
substituted.]
[Vide Uttar Pradesh Act 1 of 2001, s. 4]
Uttarakhand
Amendment of section 33.—In section 33 of the principal Act, in sub-section
(1)—
(i) in clause
(c) after the words "or clears" the words "or, attempts to break-up or clear" shall be
inserted;
(ii) in clause
(f) for the word "drags" the word "removes" shall be substituted;
(iii) for the words "six months, or with fine which may extend to five hundred rupees, or with
both" the words "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 and with fine which may extend to ten thousand rupees" shall be
substituted.
[Vide Uttarakhand Act 10 of 2002, s. 4]
Maharashtra
Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, after
sub-section
(2), the following sub-section shall be inserted, namely:--
(3) Where a person is convicted of an offence under subsection
(1),-
(a) a Forest Officer not below the rank of Ranger, or
(b) a Police Officer not below the rank of Sub-Inspector, or
(c) a Revenue Officer not below the rank of Mahalkari or Tahsildar,
may evict him from the protected forest in relation to which he has committed the offence.
[Vide Maharashtra Act VI of 1961, s. 8]
26
Maharashtra
Amendment of section 33 of Act XVI of 1927.—In section 33 of the principal Act, in sub-section
(1),
for the words “six months or with fine which may extend to five hundred rupees,” the words “one year or
with fine which may extend to two thousand rupees,” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 5]
Haryana
Amendment of section 33 of Central Act 16 of 1927.— In sub-section
(1) of section 33 of the principal
Act, for the words "which may extend to six months, or with fine which may extend to five hundred
rupees", the words "which may extend to one ye or with fine which may extend to one thousand rupees"
shall be substituted.
[Vide Haryana Act 31 of 1973, s. 3]
Bihar
Amendment of sub-section
(1) of Section 33 of Act XVI, 1927. - In subsection
(1) of Section 33 of the
said Act 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 following words shall
be substituted, namely:-
"Shall be punishable with imprisonment for a minimum term of six months which may extend to two
years or with minimum fine of one thousand rupees which may extend to five thousand rupees or
with both. The offence under this Section shall be cognizable and non-bailable."
[Vide Bihar Act 9 of 1990, s. 3]