THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION AND PROTECTION) ACT,1988

SIKKIM
I. l

-.,. G()VE R N ME NT GAZE'TTE

1 EXTRAORDINARY
PUBLISHED BY AUTHORITY

Gangtok. Thursday September 15, 1988. No. 129

.1,

GOVERNMENT OF SIKKIM
LAW DEPARTMENT

GANGTOK

NOTIFICATION

No.7JLD/1988. Dated the 31st August, 1988~

The following Act of the Sikkim Legislative Assemblyhaving received the assent of the
Governor on 29th day of August, 1988, is hereby published for general information:-

THE SIKKIM FORESTS, WATER COURSES AND
ROAD RESER VE (PRESERVATION AND

PROTECTION) ACT, 1988.

(ACT NO. 6 OF 1988)
,AN
ACT

to consolidate the law relating to forests, forest produce,
water courses and road reserve and for' matters connected there-
with or incidental thereto.

BE it enacted by the Legislature of Sikkim in the Thirty-
ninth Year of the Republic of India as follows :-

CHAPTER-!
PRELIMINARY

l (2),~ (3)
2.

(a)

(1) This Act may be called the Sikkim Forests,
Water Courses and Road Reserve (Preservation and
Protection) Act, 1988.
It extends to the whole of Sikkim.
It shall come into force at once.

In this Act. unless the context otherwise requires,- Definitions.

"cattle" includes asses, buffaloes, cows, colts, ewes,
fillies, geJdings, goats, horses, kids, lambs. mules,
ponies, pigs, rams, sheep, yak and zoe, elephant and
such other kinds of animals as the Government, by
notification, specify;

Shott title. ex-
cent and com-
mencement.



(f)

(i)(3)

2

"forest" means an extensive tract of land covered with
trees and undergrowth, sometime intermingled with
pastures, alpine scrubs;
"forest land" means the lanel shown as forest land in
the records of right including areas under perpetual
snow, alpine, scrubs or alpine pasture or the Jand as
declared as forest land by the Government, by notifi-
cation;
"forest officers" includes the Principal Chief Conser-
vator of Forests, Chief Conservator of Forests, Addi-
tional Chief Conservator of Forests, Conservator of
Forests, Deputy Conservator of Forests, Assistant
Conservator of Forests, Range Officers, Deputy
Range Officers, Foresters, Head Forest Guard, Forest
Guard or any other officers appointed by the Govern-
ment to perform any function of a forest officer
under this Act;
"forest offence" means an offence punishable under
this Act or under any rule made thereunder;
"forest produce" includes -

the following whether found in, or brought
from, a forest or not, that is to say i-

bark, charcoal, firewood, myrabolauce, natur-
ral varnish, resin, shellac, timber, wood, and
the following when found in, or brought from,
a forest, that is- to say r-
trees and leaves, flowers and fruits and all
other parts or produce of trees not herein-
before mentioned;

(ii) wild animals and skins, tusks, horns, bones,
silk, cocoons, bony and wax, and all other
parts or produce of animals,

(iii) plauts rnot being trees including agave, cree-
per, dioscores, daphne, edgeworrhis, ferns,
grass, liccpodiurn, lichens; mushroom, moss
and reeds, bamboos, nettle, polygouum,
t hysanolacna, and all categories of medicinal
herbs and shrubs, any agricultural crops,
bulbs, rhizomes, tubers, and all parts or
produce of such pl;111(S,

(iv) peat, dolomite, graphite, rock, surface soil, sand
stones, slates, and other minerals including
laterite, mineral oils and all other products of
111ines and quarries, and

(v) such other produce as the Government may, by
notification, declare to be forest produce.

(g) "Government" means the State Government of
Sikkim;

(h) "gorucharan forest" means any forest land settled
and set aside by the State Government for the purpose
of grazing of cattle of the adjoining villages;

(i) "khasmal forest" means any forest land settled and
set aside by the Government for meeting the bonafide
domestic need of ti IIIber, firewood and fodder of the
resident of the adjoining villages;

(j) "land" includes channel, creaks and other water
channel, reservoir, rivers, lakes and streams, whether
artificial or natural and aiso includes boulders and
rocks;

(k) "notification" means a notification published in the
Official Gazette;

(b)

( C)

Cd)

(e)

(b)



~
!'. I

I

J
r

Power to res-
erve forests.

Notification by
Government:

Bar of accrual
afforest rights.

Proclamation
by Forest
Settlement
Officer.

3

(I) "reserved forest" means any forest land settled and
notified by the Government as reserved forest;
"river" includes any stream, channel, jhora, creak
or other channel, natural or artificial;
"timber" includes trees when they have fallen or
have been felled and all wood cut up or sawn or
fashioned or hallowed out for any purpose whatso-
ever;
"trees" includes bamboos, brushwood, cane, banana,
kernels, stumps, trees and palms;

"waste land" means an uncultivated land which is
not the property of any individual person;
"weapon" includes ammunition, bows, arrows, explo-
sive, firearms; hooks, bills, khukuris. axe, saw, knives,
nets, poison, snares, traps and any instrument or
apparatus capable of destroying, damaging and inju-
ring forest produce.

(m)
(11 )

(0)

(p)

(q)

CHAPTER - II

RESERVED FORESTS
3. The Government may declare any land as a reserved
forest in the manner hereinafter provided. .

4. Whenever it is proposed to declare any land as a reser-
ved forest, the Government shall issue a notification specifying
tberein-·

(a) that it bas been decided to declare such land as a
reserved forest;
as nearly as possible, the situation and limits of such
laud ; and
the appointment of an officer (hereinafter referred to
as the Forest Settlement Officer) to enquire into the
matter and determine the existence, nature and extent
of any rights relating to collection of dry sticks and
grazing alleged to exist in favourof any person in or
over any land comprised within such limits, or in or
over any forest produce, and to deal with the same as
provided in this Chapter.

5. After the issue of a notification under section 4, no right
shall be acquired in or over the land comprised in such notification
except by' succession or under a grant or contract in writing
made or entered into or CV or 0:1 behalf of the Government or
some person in Wh0111 such right was vested when the notification
was issued.

(b)

(c)

6, When a notification has been issued under section 4, the
Forest Settlement Officer shall publish in the language commonly
spoken in every town and villages in the neighbourhood of the
land comprised therein, a proclamation=

(a) specifying, as nearly as possible, the situation and
limits of the proposed forest;

(b) explaining the consequences which, as hereinafter
provided, will ensue on the reservation of such forest;
and

(c) fixing a period of not less than one month from the
date of such proclamation, and requiring every person
claiming any right mentioned in section 4 or section 5,
within such period either to present to the Forest
Settlement Officer a written statement specifying or
to appear before him and state the l!ature of such
right and the amount and particulars of the
compensation, if any, claimed in respect thereof.



Inquiry by
Forest Settle-
ment Officer.

Powers of
Forest Settle-
ment Officer.

Extinction 0

rights.

Treatment 0 10.
claims relatng
to shifting
cultivation.

4

7. The Forest Settlement Officer shall record all statements
made under s e c t ion 6 and shall at some convenient place
inquire into all claims preferred under that section, and
the . existence of any rights mentioned in section 4 or
section 5 and not claimed under section 6 so far as the same
may be ascertainable from the records of the Government and
evidence of any persons likely to be acquainted with the same.

8. For the purpose of such inquiry, the Forest Settlement
Officer may exercise the following powers, namely :~

(a) the power to enter, by himself or any officer authorised
by him for the purpose, upon land and to survey,
demarcate and make a map of the same; and

(b) the powers of a Civil Court in the trial of suits.

9. Rights in respect of which no claim has been preferred
under section 6 and of the existence of which no knowledge has
been acquired by enquiry under section 7, be extinguised, unless,
before the notification under section 17 is published, the person
claiming those rights satisfies the Forest Settlement Officer that he
had sufficient cause for not preferring such claim within the period
fixed under section 6.

(1) In the case of a claim relating to the practice of shif-
ting CUltivation, the Forest Settlement Officer shall
record a statement setting forth the particulars of the
claim and of any local rule or order under which the
practice is allowed or regularised, and submit the
statement to the Government, together with his opi-
nion as to whether the practice should be permitted
or prohibited wholly or in part.

(2),.()n receipt of the statement and opinion, the Government
may make an order permitting or prohibiting the prac-
tice wholly orin part.

(3) If such practice is permitted wholly or in part, the
Forest Settlement Officer may arrange for its exercise-
(0) by altering the limits of the land under settlement

so as to exclude land of sufficient extent of a
suitable kind, and in a locality reasonably conv-
enient for the purposes of the claimants, or

(b) by causing certain portions of the land under settle-
ment to be separa tely dernarca ted, and giving permis-
sion to the claimants to practice shifting cultivation
therein under such conditions as he may prescribe.

(4) All arrangements made under sub-section (3) shall be
subject to the previous sanction of the Government.

(5) The practice of shifting cultivation shall in all cases be
deemed a privilege subject to control, restriction and
abolition by the Government.

In the case of a claim to a right in or over any land
other than a right of way or right of pasture or a right
to forest produce or a water' course, Forest Settlement
Officer shall pass an order admitting or rejecting the same
in whole or in part.
If such claim is admitted in whole or in part, the Forest
Settlement Officer shall either-
(i) exclude such land from the limits of the proposed

forest;
(ii) come to an agreement with the owner thereof for

the surrender of his right and proceed to acquire
such land in the manner provided in the Sikkim
Land (Requisition and Acquisition) Act, 1977.

Power to ac- 11. (I)
quire land over
which right is
claimed.

(2)

Act 1 of 1978



Every appeal under section 14 shall be made by petition
in writing giving the grounds for appeal and may be
delivered to the Forest Settlement Officer who shall
forward it without delay to the Appellate Authority.
No appeal shall be disposed of unless the parties
thereto have been given the opportunity of being
heard.
The Appellate Authority appointed under section 14
may confirm, set aside or modify the order of the
Forest Settlement Officer, as the case may be, and the
order of the Appellate Authority shall be final.

Appointing of 16. The Government or any person who bas made a claim under
pleaders. this Act, may appoint any person to appear, plead and act

on its or his behalf before the Forest Settlement Officer, or the
Appellate Authority, in any proceedings under this Act.

Order all claim
to right of
pasture or to
forest produce.

Record to be 13.
made by Forest
Settlement
Officer.

Appeal (rom
order passed
under section
11 and section
72.

Appeal under
section 14.

5

(3) For the purpose of acquiring such land -
(a) the Forest Settlement Officer shall be deemed to be

a Collector under the Sikkim Land (Requisition and
Acquisition) Act, 1977;

(b) the claimant shall be deemed to be a person interes-
ted and appearing before him in pursuance of a
notice given uncler section 5 of the Sikkim Land
(Requisition and Acquisition) Act, 1'177;

(c) the provisions of the preceding sections of the
Sikkirn Land (Requisition and Acquisition) Act,
J 977 shall be deemed to have been complied with;

(d) the Forest Settlement Officer, with the consent of
the claimant or with the consent of both parties,
may award an amount for such acquisition.

12. Tn case or a claim to right of pasture or to forest produce,
the Forest Settlement Officer shall pass an order admitting or
rejecting the same in whole or in part.

(I) The Forest Settlement Officer, when passing any order
under section 12, shall record, so far as may be practi-
cable-

(a) the name, father's name, caste, residence and occu-
pation of the person claiming the right; and

(b) the classification, position and area of all field or
groups of fiel+s, if any, and the classification and
posit ion of all buildings, if any, in respect of which
1he exercise of such right is clai med.

(2) If the Forest Settlement Officer admits in whole or in
part any claim under section 12, he shall also record
the extent to which the claim is so adrnitted, specifying
the number and the description of the cattle which the
claimant is, from time to lime, entitled to graze in the
forest, the season during which such pasture is permitted.

14. Any person who has made a claim under this Act
or any forest officer or other person generally or specially
empowered by the Government in this behalf may, within one
1110nth from the date of the order passed under sections II and 12
prefer an appeal from such order to such Appellate Authority as
the Government may, by notification, appoint.

15. (1)

(2)

(3)

When the following events have occurred, namely :-Notification 17. (1)
declaring foresj
reserved., (a) the period fixed under section 6 for preferring

claim bas elapsed, and all claims, if any, made
under that section or section 9 have been disposed
of by the Forest Settlement Officer;

Acti of 1978

Act 1of 1978



Act I of 1978.

6

(b) if any such claims has been made, the period
specified in section 14 for appeal from the order
passed on such claims has elapsed, and all appeals,
if any, presented within such period have been
disposed of by the Appellate Authority, and

(c) all lands, if any, to be included in the proposed
forest, which the Forest Settlement Officer has,
under section 11 acquired under the Sikkim Land
(Requisition and Acquisition) Act, 1977 have be-
come vested in the Government.
The Government shall publish a notification speci-
fying therein the definite boundary marks erected.
or otherwise the limits of the forest which is to be
reserved and declaring the same to be reserved for-
est from a date fixed in the said notification.

(2) The notification issued under sub-section (1) shall be
published in the villages and town in the neighbourhocd
of the reserved forest in the language commonly
understood in the area.

18. The Forest Officer may, with the previous sanction of the
Government or any officer duly authorised by it in this behalf,
stop any public or private way or water course in a reserved for-
est, provided that a substitute for the way of water course so stop-
ped, which the Government deems to be reasonably convenient,
already exists, or has been provided or constructed by the Forest
Officer in lieu thereof,

19. Any forest which has been declared or set aside as
reserved forest on or before the commencement of this
Act under anv law or rule or notification in force
in .the State of Sikkim, shall be deemed to be reser-
ved forest.

(2) All question decided, orders made and records prepa-
red in connection with the declaration of such forest as
reserved forest shall be deemed to have been decided,
made and prepared under the corresponding provisions
of this Act.

0)

20. Any person who,-
(a) makes any fresh clearing prohibited by section 5;
(b)

(c)
(d)

converts a reserved forest or part thereof to any use
other than forestry;
uses reserved forest for growing commercial crops;
leases forest areas to private parties for raising captive
plantations or food crops;
sets fire to a reserved forests;(e)

(0 in contravention of any rules made under this Act,
kindles any fire or leaves any fire burning in such
manner as to endanger such forest;
in contravention of the rules made under this Act-
(i) kindles, keeps or carries any fire during such

season other than the season specified by the for-
est officer;

(ii) tresspasses or pastures cattle or permits cattle to
trespass;

causes, by negligence, any damage, by felling any trees
or cutting or dragging any timber;
fells cuts, girdles, lops, taps or burns any tree or strips
off the bark or leaves of any tree or otherwise damage
the same;

(g)

(h)

(i)

Power to stop
ways and water
courses in
reserved
forests.

Reserved
forests declared
as such before
the commence-
ment of this
Act.

Acts prohibited
in reserved
forest and
penalties
thereof.



7

(j) quarries stone, burns lime or charcoal or collects or
removes any forest produce;

(k) damages, alters or removes any cairn, wall, ditch.' ~m-
bankrnent, fence, hedge or railing shall, OIl conviction,

be punlishable with imprisonment for a term which may ex-
tend to one year or with fine which may extend to ten
thousand rupeesor with both and in addition to be liable to
pay such compensation for the damage done to the forest
as the convicting court may direct.

21. Whenever fire is caused wilfully or by gross negligence in a
reserved forest by a person having rights in such forest or by per-
son in his employment, the Government may, without prejudice to
any other punishment that may be imposed under this Act,
direct that in such forest or any specified portion thereof the exer-
cise of all or any of the rights of pasture, grazing or collection of
forest produce by any such person shall be suspended for such
period as it thinks fit or he extinguished.

CHAPTER III
KHASMAL AND GORUCHARAN

22. (1) The Government may, by notification, declare that the
provisions of tbis Chapter shall apply to khasmal or
gorucharan forest.

(2) Any forest which has been declared as khasmal forest
and gorucharan forest before the commencement of this
Act which has been specified in the records of
rights of 1952 cadestral survey, shall be deemed to be
khasmal forest and gorucharan forest.

(3) Any waste land or banjo land which is not the property
of any person shall be deemed to be a khasrnal forest
f01" the purpose of this Ac t.

23. No such notification referred to in sub-section (1) of section
22 shall be issued unless the nature and extent of the rights of the
Government and of private persons in or over tbe khasrnal and
gorucharan forests is inquired into and recorded in a survey and
settlement record, or in such other manner as the Government
thinks sufficient. Every such record shall be presumed to be
correct until proved otherwise:

Provided that in the case of any khasmal or gorucharan
forests, if the Government thinks that such inquiry and record are
necessary but that the completion thereof will occupy such length
of time as may endanger the rights of Government, the Govern-
ment may, pending such inquiry and record, declare such land to
be khasmal or gorucharan forest, 2~ the case may be, but so, how-
ever, tbe existing rights of individuals or communities are affected
as little as possible.
24. (1) Any person who --

(a) makes any fresh clearing or converts khasmal
forests or gorucharan forest or part thereof to any
use other than forestry;

(b) sets fire to a khasmal forest or zorucharan forest or
part thereof ; ~

(c) in contravention of any rules made under this
Act kindles any fire or leaves any fire bur-
ning in such manner as to endanger such a forest;

(d) kindles, keeps or carries· any fire except during
season other than the season notified by the forest
officer;

(e) causes, by negligence, any dam <' ge, by felling any tree
or cutting or dragging any tim ber;

(f) cuts, pollards, girdles, lops, taps or burns any tree or
strips off the bark or otherwise damages the same;

Penalties for
offences com-
mitted by per-
son having
rights in re-
served forests,

Power of
Government to
declare Khas-
mal and goru-
charan forests.

Limitation all
exercise of' po-
wers under
section 22.

Acts prohibited
in khasmal and
goruchoran fo-
rest and pena-
lty therefor.



suspension of 26. Whenever fire is caused wilfully or by gross negligence in
rights in case khasmal or gorucharan forest, the Government may, notwirhstan-
ot fire . ding any other penalty which has been imposed under this Act,

direct that in such forest or any portion thereof tbe exer-
cise of all rights provided in sub-section (2) of section 24 shall be
suspended for such period as may be specified.
27. (I) The Government may, by notification, 'make rules to

carry out the purposes of this Chapter.

'(2) In particular and without prejudice to the generality of
the foregoing power, such rules 111ay provide for all or
any of the following matters, namely :-
(a) the cutting, sawing, conversion and removal of

trees and timber and the collection, manufacture
and removal of forest produce;

(b) the granting of permits to the inhabitants of neigh-
bouring villages to take trees, timber or other
forest produce for their bonafide use, and the pro-
duction and return of such permits by such
villagers;

(c) the payment, if any, to be made for the permis-
sion to cut trees or to collect and remove such
timber or other forest produce;

(d) the examination of forest produce passing out of
such forests;

(e) the cutting of grass and grazing of cattle in such
forests and payment thereof, if any;

(f) the protection and management of any po, tion of
forest closed under section 25; and

(g) the exercise of rights referred to in section 25,

28. Whoever contravenes the provisions of the rules made under
section 27 shall, on conviction, be punishable with imprisonment
for a term which may extend to two years or with a fine which
may extend to five thousand rupees, or with both

Power of GOI'-
ernment 10 or-
der closure of
forest.

Power to make
rules for khas-
mal and goru-
charan forest.

Penalties for
acts in contra-
vention of see-
lion 27.

8

(g) quarries stone, burns lime or charcoal or collects any
forest produce;

(11) damages, alters, removes any cairn, wall, ditch, em-
bankment, fence, hedge or railing, boundary marks,

shall, on conviction, be punishable with imprisonment for a term
which may extend to one year or with fine which may extend to
five thousand rupees or with both and in addition to be liable to
any such compensation for the damage done to the forest as the
convicting court may direct.
(2) Notwithstanding anything contained in sub-section (1), the

following acts shall not render the person liable to punish-
ment under that sub-section for-
(a) any act done with the permission, in writing, of the

forest officer not below the rank of a Range Officer;
(b) grazing of cattle and collection of such quantity of fod-

der from khasmal forest for bonafide use of the resi-
dent of the adjoining locality;

(c) grazing of cattle, collection of such quantity of dry
fallen sticks and grass or fodder in a gorucharan forest.

25. The Government may, by notificalion,-

(a) declare that any portion of khasmal or gorucharan
forest shall be closed for such period not exceeding
thirty years and that the rights of any private persons
over such forest or portion thereof shall be suspc •.•ded
during that period; and

(b) declare any tree or class of trees in khasmal or goru-
charan forest to be reserved from the date fixed in that
notification.



River banks,
slip reserve,
road reserve,
etc.

Penalty.

9

CHAPTER - IV
PROTECTION OF RIVER BANKS, SLIP RESERVE, ROAD

RESERVE, Ere.
29. For the purpose of this Chapter river banks in
rivers enumerated in the Schedule mean and includes
sixty metre on either side of such river 01' area within
level mark, whichever is less.

(2)

relation to
an area of
high flood

(3)

Slip reserve means and includes,-
(i) all lands which are denuded or are in the process of

denudation declared as slip reserve before the com-
mencement of this Act; and

(ii) all denuded areas which are denuded or are in the
process of denudation and required to be conserved
or preserved for establisation that may be notified
as slip reserve by the Government.

No notification referred to in clause (ii) of sub-section (2)
shall be made unless the nature and extent of the right of the
Government and of the private persons in or over such land
is enquired into and recorded in the record of right and such
record shall be presumed to be correct until proved other-
wise;

Provided that in the case of any slip area, if the
Government thinks that such enquiry and record are neces-
sary but that the completion thereof will occupy such length
of time as may endanger the life of the community due to
occurrence of slips, the Government may, pending such
enquiry and record, declare such area to be a slip reserve,
but so, however, that the existing rights of individuals or
communities are affected as little as possible.
Road Reserve in relation to a National Highway means
such portion of land lying within such distance from centre
on either side of such Highway as may be prescribed.
Road Reserve in celation to a Highway other than a
National Highway means such portion of the land lying
within such distance from the centre on either side of such
Highway as may be prescribed.
(6) The road reserve referred to in sub-sections (4) and (5)

shall be under the administrative control of Forest
Department as if it were a forest constituted under this
Act.

(7) Any encroachment into the road reserve by any person
shall be deemed to be an unauthorised occupation and
such person shall be evicted in accordance with the
provisions contained in the Sikkim Public Premises
(Eviction of Unauthorised occupants and Rent Reco-
very> Act, 1980. 9 of 1980

(8) All old abandoned roads with their road reserve which
has been abandoned as a result of construction of new
roads shall be (he property of the Government.

30. (1) Any person who-
(a) is in unauthorised occupation of any land in a slip

reserve or a road reserve or a river bank;
(b) removes any forest produce from a slip reserve or

a road reserve or a river bank;
shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend to
six thousand rupees or with both.
(2) Notwithstanding anything contained in sub-section (1),
the person in unauthorised occupation shall be evicted in
the manner as indicated in SUb-section (7) of section 29.

(4)

(5)



10

31. The Government may, regulate the use of natural waters,
ice and glaciers by industrial establishments within the terri-
tory of Sikkim and levy such taxes and duties as may be
deemed appropriate in the manner prescribed.

The Government may, by notification, declare that any slip
reserve or road reserve or river bank shall be closed for such
period as may be specified in that notification and that the
rights of any person over such slip reserve, road reserve or
river banks shall remain suspended during that period.

CHAPTER - V
CONTROl, AND MANAGEMENT OF PRIVATE FORESTS

32.

33. For the purpose of this Chapter -
(a) "forest" includes any land containing trees and shrubs,

pasture land and any land not being a reserve forest,
a gorucharan or khasmal forest, slip reserve and road
reserve, which the Government may, by notification,
under this section declare to be a forest;

(b) "owner" in relation to a forest or land includes a
mortgagee, leasees or other person having rights to
possession and enjoyment of forest land.

(1) No owner of any forest and no person claiming under
him whether by virtue of a contract, licence or any other
transaction entered into before or after the commence-
ment of this Act or any other person shall, without
the previous permission of the forest officer authorised
in this behalf, cuts or girdles trees or do any act
to denude the forest or diminishes its utility as a

.-.forest:

Provided that nothing contained ill this sub-section
shall apply to-
(a) the removal of fa lien trees; and
(b) the making of agricultural implements for bouaflde

IIsc o f the own er .
Notwithstanding anything contained in sub-section (1),
the Government may, by notification, and for reasons to
be specified ill such notification, exempt any class of
forest or class of trees of any forest produce found
therein fr0111 all or any of the provisions of this section.
1he Government may, by notification, declare any tree
or species of trees to be reserved from the date fixed in
such no.ification in such forest or land.

34.

(2)

(3)

Power to make 35. For the purpose of section 34, the Government may, make
hiles. rules prescribing.-

Protection of 36.
forest or land
for special pur-
poses.

(a) class or kinds or species of trees which may be permitted
to be cut and girdled and girth of such trees;
the conditions subject to which permission for removal
of trees may be granted;
the procedure to be followed by the forest officer before
granting permission;
the procedure regarding granting of permission to fell
trees specified under section 34.
The Government may, by notification-
(a) regulate or prohibit in any forest-

(i) the breaking up or clearing of any land;
(ii) the pasturing of cattle;
(iii) the firing or clearing of vegetntin ;o

(b)

(c)

(d)

(1)

Use of water
resources!
glaciers etc. by
industrial
establishment.

Power of Go-
vernment to
close slip re-
sene. road re-
sene or river
banks.

Control over
forests or la-
nds not being
the property
of Government.

Preservation of
private forest
and to reserve
frees.



II

(iv) the girdling, tapping or burning of any trees
or stripping off bark or leaves of any trees;

(v) the lopping or pollarding of any trees;
(vi) cutting, sawing, conversion and removal of

trees and tim ber ;
(vii) the quarrying of stones Or the burning of lime

or charcoal or the collection or removal of
any forest produce or its subjection to any
manufactu Iing processes;

(b) regulate in any forest the regeneration of
forest and their protection from fire;

(c) regulate the exercise of customary and prescri-
ptive rights in such forests.

(2) When protection of forest or land referred tn in sub-
section CI) of section 34 appears to be necessary, the
Government may, by notification, provide-
(a) for conservation of trees and forests;
(b) for the preservation, improvement of soil or the

recla-mation of saline or water logged land, the
prevention of land slips or formation of varines or
torrents or the protection of land against erosion
or the deposit therein of sand, stones, gravels or
minerals;

(C) for the improvement of grazing;
(d) for the maintenance of water supply and springs,

rivers and tracks;
(e) for the protection against storms, winds, rolling

stones, floods and avalanches;
(n. for the protection of roads, bridges, and other lines

of communications.
(3) No notification sh811 be made under sub-section (I)

nor shall any work be commenced under sub-setion (2),
until after the issue of a notice to the owner of such
forest or land calling on him to show cause, within a
reasonable period to be specified in such notice, why
such notification should not be issued or work com-
menced, as the case may be, and until his objections, if
any, and any evidence he may produce in support of
the same, have been heard by any officer duly appoin-
ted on that behalf by the Government.

37. Whoever contravenes the provisions of sub-section (1) of Penalty.
section 34 or the rules made under section 35, or of the terms of
a notification issued under section 36 shall, without prejudice
to any other action that may be taken against him under this
Act, on conviction, be punishable with imprisonment which
may extend to six months or with fine which may extend to
two thousand rupees or with both.

(2)

Any owner of any land or, if there be more than one
owner thereof, the owners of all the shares therein may,
with a view to the formation or preservation of forest
thereon, apply in writing to the Government to take
over the management of such land and the Government
may, on such application, where it is of opinion that it
is expedient in public interest to form or preserve
the forest, by notification, assume the management of
such land.
When the management of any land is assumed under
sub-section (I) save as otherwise agreed to between
the Government and the applicants, the net profit, if
any, arising from the management of the forest shall be
paid to the owners.

Government
management af
forest at the
request of ow-
ner.

38. 0)



Responsibilities
of occupants
and holdings
of the land for
preservation of
trees.

Applirationfor
permits for
felling tree.

Application of
provision of
this Act
relating to
forest produce
and trees grown
in land under
the control of
the local auth-
rity and insti-
tution.

Power to ma-
ke rules to re-
gulate transit-
of Forest pro-
duce.

12

(3) The period of management shall be as such as may be
agreed to between the Government and the applicants.

Every occupant or holder of land shall be responsible
for the d LIe preservation of all trees growing thereon
and shall in the event of any injury to any tree from
whatever cause or its theft, at once report such fact to
the nearest forest officer-.

Any occupant or holder who fails to report any such
case of injury or theft as aforesaid or to prove to the
satisfaction of such officer of the rank not below to
that of a Range Officer that such injury or theft
has not been caused either by his own act or by
neglect or default on his part by any other person
at his instigation or with his connivance shall,
notwithstanding any other penalty to which he
may be liable, be Liable to pay such compensation on
account of such injury or theft as the Range Officer
may deem reasonable:

Provided that the Range Officer may, in
cases in which he is satisfied that the person res-
ponsible for the act, neglect, default, instigation or
connivance resulting in the injury or theft, tenant or
the occupant or holder or any other person holding
under or through a tenant or occupant or holder,
direct that such tenant or occupant or holder or other
persons shall be liable for compensation or, be procee-
ded against in the first instance for recovery thereof.
Every person who whether as holder, occupant,
tenant, sub-tenant or lea see or in any other capacity
having right over trees growing or existing or found
- 0.11 any land, who is desirous of felling such trees for
bo nafide domestic use, shall apply to the forest
officer not below the rank of Range Officer in the
prescribed form and shall obtain permit.
No person shall remove any trees, wood, timber or
other forest produce from his land without obtaining
permit in this behalf in the manner provided in sub-
set ion (l ) :

Provided that no fees or duties shall be
imposed on removal of such produce by any person
frOI11 his land.

(3) Every person who having right over trees growing or
exist ing or found on any land, is desirous of felling
such trees for commercial use shall apply to the
forest officer not below the rank of Deputy Conser-
vator of Forests and shall obtain a permit on pay-
ment, if any, as may be prescribed.

41. The provisions of Chapter III of this Act shall apply
in respect of all forest produce and trees grown in any. land ~lnder
the control and management of a local authority and institution.

39. (1)

(2)

40. (1)

. (2)

42. (1)

CHAPTER-VI

TRANSIT OF FOREST PRODUCE
The control of all rivers and their banks as regards
floating of timber as well as the control of all timber
and other forest produce in transit by land or water,
is vested in the Government and it may make rules
to regulate the transit of all timbers and other forest
produce.

I
I
\



13

Explanation. --For the purpose of this Chapter, the forest
produce shall be deemed to include semi-finished
forest product for commercial purposes.

(2) In particular and without prejudice to the generality
of the foregoing power, such rules may,-
(a) specify tbe routes by which timber or any other

forest produce may be transported or moved
into from or within the State and the fee thereof;

(b) in the case of timber formed into a raft or
fastened to the shore, prohibit the lossening or
the setting a drift not such timber by any per-
son not being the owner thereof or not acting
on behalf of such owner or the Government;

(c) provide for the stoppage, reporting, examina-
tion and marking of timber or other forest pro-
duce in transit, ill respect of which' there is
reason to believe that any money is payable to
the Government on account of the price there-
of or any duty, fee, royalty or charge due
thereon or to which it is desirable for the pur-
pose of this Act to affix the mark;

provide for the establishment of check posts or the erec-
tion of barriers at such places as the Government may
direct with a view to prevent or check commission of
forest offences in respect of forest produce and for stop-
page, reporting and examination of goods carried by any
vehicle or vessel at such check posts or barriers;
provide for establishment and regulation of depots and
stations to which such timber or other forest produce
shall be taken by those in charge of it for exammation,
or for the payment of such money or in order that such
marks may be affixed to it, and the conditions under
which such timber or other forest produce shall be brou-
ght to, stored at and removed from such depots or sta-
tions and for regulating the appointment and duties of
persons employed therein;
authorise the transport of such tim ber or other forest
produce across any land and provide for payment of
compensation for any damage done by the transport of
such timber or other forest produce;
prohibit the closing up or obstructing of the bank of any
river used for the transit of timber or other forest prod-
uce and throwing of grass, brushwood, branches or
leaves into any such river or any act which may cause
such river to be closed or obstructed;
provide for the prevention or removal of any obstruc-
tion of the channel or banks of any such river and for
recovering the costof such prevention or removal from
the person whose act or negligence caused such obstruc-
tion;
prohibit absolutely or subject to conditions, within the
whole of the State of Sikkim or specified local limits, the
establishment of saw pits, saw mills or any other sawing
machines for converting, cutting, processing, distilling,
storing, burying, cancelli ng or marking of timber or
other forest produce, the altering or defacing of any
marks on the same or the possession or carrying of mar-
king hammer or other implements used for marking
tim ber;

(d)

(e)

(f)

(g)

(h)

(i)

\ ".



The Gover-
nment .and (0-
rest officer 'not
liable (or da-
mage to forest
produce at de-
pots and sta-
tions.

All " persons
employed at
depots and sta-
tions bound to
aid in case of
accident. "

Certain kinds
0/ timber pro-
perty of GOI'I?I'-

nment,

Notice to clai-
mants of drift
timber.

,Procedure for 47.
disposal of
application for
'claim.

14

(j) regulate tbe existing sawpits, saw mills or any other
sa wing contrivance:

Provided that no existing sawpits, saw mills or any
other sawing contrivance shall be closed unless the
owner thereof bas been given an opportunity of being
beard.

(3) In making the rule under this section, the Government may
provide that person guilty of contravention thereof shall, on
conviction, be punishable with imprisonment which may
extend to one year or with fine which may extend to two
thousand rupees or with both, and where the offence commi-
tted after sunset or before sunrise, or after preparation for
resistance to lawful authority, or where the offender has been
previously convicted for a like offence, the Magistrate
having jurisdiction shall inflict double the penalty prescribed
for such offence.

43" The Government shall not be responsible for any loss for
damage which may occur in respect of any timber or other forest
produce while at a depot or statir n established under rules made
under section 42 or detained elsewhere for the purpose of this
Act and no such forest officer shall be responsible for any
such loss or damage unless he causes Joss or damage wilfully, negli-
gently, maliciously or fraudulently"

44" In case of any accident or emergency involving danger to any
property at any depot or station, every person employed at such
depot or station shall render assistance to any forest officer or
police officer demanding his aid in preventing the damage or loss
to such property.

CHAPTER - vn
COLLECTION OF DRIFT AND STRANDED TIMEER

45. (1) All timber-
(a) found adrift, beached, stranded or slink:
(b) bearing marks which have not been registered

in accordance with the rules made under section
42;

(c) which have been super marked or on which the
marks have been obliterated, altered or defaced by
fire or otherwise;

(d) which are not marked but found in such areas as
the Government may specify;

shall be deemed to be the property of the Government
unless and until any person established his right and
title thereto as provided in this Chapter.
The timber referred to in sub-section (I) may be collec-
ted b any forest officer or by any other person autho-
rised to collect the same by virtue of any rule and may
be brought to any forest depot.

(2)

46. Public notice shall, from rime to time, be given by the forest
officer regarding timber collected under section 45" Such notice
shall contain a description of the timber and sball require any
person claiming to same ~o prese~1t a written application. for such
claim to such officer Within a period of not less than thirty days
from the date of such notice. '

J

I
, I0) When any application is presented under section 46,

the forest officer may, after making such enquiry as he
thinks fit, either reject the claim, after recording his
reason Ihere or accept the claim and deliver the timber
to the claimant.



15

\

,[
;

(2) If such timber is claimed by more than one person, the
forest officer may either deliver the same to any such
person whom he finds to be entitled thereto after recor-
ding the reasons therefor or may refer the claimants to
the Civil Court, and retain the 'timber pending the
receipt of an order from such court for its disposal.

(3) Any person whose claim has been rejected under the
section may, within thirty days from the date of intima-
tion of the order of such rejection, institute a suit to
recovery of the possession of the timber claimed by him
but no such person shall be entitled to any compensa-
tion or costs against the Government or against any for-
est officer on account of such rejection or the detention
or removal of any timber.

(4) Unless there are adequate arrangements for storage of
timber detained or kept by the forest officer under this
section the Court may order that the tirn ber so detained
or kept shall remain at tbe custody of the for-
est officer until the disposal of the suit.

48. If no application is presented under section 46, or on such
claim having been preferred and rejected, fails to institute a suit
for recovery of the possession of such tim ber within thirty days
from the date of rejection of his claim, the ownership of such
timber shall vest with the Government free from all encum-
brances.
49. The Government shall not be responsible for any loss or
damage which may occur in respect of any timber collected under
section 45 and no forest officer shall be responsible for any such
Joss or damage unless he causes such loss or damage wilfully,
negligently, maliciously or fraudulently.
50. NO persons shall be entitled to recover possession of any
timber collected under section 45 or delivered under section 47
until he paid to the forest officer or other person entitled to
receive such sum on account thereof as may be due under any
rule made under section 51.
51, (1) The Government may, by notification, make rules to Power to make

carry out the purposes of this Chapter. rules.

(2) In particular and without prejudice to the generality of
the foregoing power, such rules may be made to regu-
late the following matters, namely:-
(a) the salvaging, collection and disposal of all timber

mentioned in this Chapter;
(b) the use and registration of boats or any other

conveyance used in sa! vaging and collecting tim-
ber:

(c) the amount to be paid for salvaging, collecting,
moving, storing or disposing of such timber;

(d) the use and registration of hammers and other
instruments to be used for marking such timber.

(3) In making the rules under this section, the Government
may provide that a person guilty of contravention
thereof shall, on conviction, be punishable with im-
prisonment which may extend to six months or with fine
which may extend to one thousand rupees or with both.

eHA PTER - VIII
CATTLE - TRESPASS

Disposal of
unclaimed lim-
ber.

Government
and its officers
not liable jor
damage,

Payment tobe
made by clai-
mant be/ore
timber is de-
livered (0 him.

52. Any cattle trespassing in a reserved forest or in any portion Power to seize
of a khasmal forest or gorucbaran forest or slip reserve or road and impound
reserve or river banks which bas been closed by the Government cattle»
for grazing shall be seized and impounded by any forest officer.



Power to levy 53,
(ine,

Power to make
rules.

The seizure or
properly liable
to confisca-
tion,

16

(1) The Government may, from time to time, by notifica-
tion, direct that in all or any part of the areas which ha-
ve been closed under section 25 or section 32, there shall
be levied for each head of cattle or other animal im-
pounded' under section 52, such fine not exceeding
fifty rupees as may be specified in such notification.

(2) Any expenditure incurred by the Government during
the period of impounding of such cattle for feeding shall
be realised from the owner of the cattle at the time of
release.

(3) The officer impounding such cattle shall take all pre-
caution for the safety of the cattle during the period
such cattle or other animals remain impounded.

Explanation>- The burden of proof that the cattle or other
animal has not been physically injured or diseased before
the impounding lies with the owner of the cattle or
other animals.

(4) The cattle or other animal which remains unclaimed
for such period as may be prescribed shall be
disposed of in such manner as may prescribed.

54. The Government may, by notification, make rules to regulate
the following matters, narnely i- .

(a) establishment of cattle pound;
(b) conditions of release of cattle and other animals from

the pound;
(c) maximum period of impounding; and
(d) , the manner of disposal of unclaimed cattle and other

animal and disposal of sale proceeds.

55. (1)

CHAPTER- ]X

PENALTIES AND PROCEDURE
Where (here is reason to believe that a forest offence has
been committed ill respect of any' forest produce, such
produce together with all implements, tools, vehicle
used in committing any such offence may be seized by
any forest officer.

Any forest officer may, if there is reason to believe that
a vehicle has been or is being used for the transport of
forest produce in respect of which there is a reason 10
believe a forest offence has been or is being committed,
require the driver or other person in charge of such
vehicle to stop the vehicle and cause it to remain statio-
nery as long as may reasonably be necessary to exa-
mine the contents in the vehicle and inspect all records
relating to the goods carried which are in possession
of such driver or other person in charge of the vehicle.

Every officer seizing any property under this section
shall place on such property or the receptacle
or vehicle, if any, in which it is contained a mark indica-
ting that the same has been seized and shall, as soon as
may be, make a report of such seizure to the Ma~istr~te
having jurisdiction to try offence on account of which
the seizure has been made ;

Provided that where the forest produce in respect
of which such offence is believed to have been commit-
ted is the property of the GovcI:nme!lt and if the orfen-
del' is unknown, it shall be sufficient If the officer makes,
as soon as may be, report of the circumstances of the
seizure to his superior officer.

(2)

(3)



17

56. Any forest officer not below the rank of Range Officer
who, or whose sub-ordinate has seized any cattle or other
fore.st produce, animal, vehicle or any other thing referred to in
section 55, may release the same on the execution by the owner
~hereof of a bond for the production of the property so released
If and when so required before the Magistrate having jurisdiction
to try the offence on account of which the seizure had been made.

57. (1)

(2)

Any person who is ill unauthorised occupation of forest
land may without prejudice to any other action that
may be taken against him under any other provisions
of ,tbe Act or any. other law for the time being
in force, be summarily evicted, by a forest officer not
below the rank of a Deputy Conservator of Forests
having jurisdiction over the said forest land and any
building or other construction erected thereon .shall, if not
removed by such person within such time as the Deputy
Conservator of Forests may fix, be liable to forfeiture:

Provided that before evicting a person under this
sub-section he shall be given a reasonable opportunity
of being heard.

An'y property forfeited under sub-section (I) shall be disposed
of III such manner as the Deputy Conservator of Forests
may direct and the cost of removal of any crop, building or
other work and all works necessary to restore the land to its
original condition shall be recoverable from the persons
evicted in the manner as if it were all arrear of land revenue.
Any person aggrieved by an order of the Deputy Censerva-
tor of Forests under sub-sections (1) and (2) may, within a
period of one month and in such manner as may be prescri-
bed, appeal against such order to the Conservator of Forests

(1) The forest produce which is not the property of the
Government and in respect of which a forest offence
has been committed and all implements, vehicles, or
other conveyance or any other vehicle used in commit-
ting such offence, shall be liable by order of the convic-
ting court to be forfeited to the Government.

(3)

58.

Power to re-
lease properly
seized under
section 55.

Penalty for
unauthorlsedly
taking posses-
sion of land
constituted as
reserved for-
ests.

Forest produce,
implements,
tools. etc. when
liable for for-
feiture.

(2)· Such forfeiture may be in addition to any other punish-
ment provided in this Act for such offence.

59. When the trial of any forest offence is concluded, any forest Disposal of
produce in respect of which such offence has been committed shall, if forest p~·oduce
it is the propety of the Government or has been ~.orfeited, be taken :~c.onr[to.~r:llu-

. f h C ff d . h b ston a ./ ta .possession or by t C rorcst 0 cer, an III any ot er case may e .
disposed of in such manner as the court may, by order, direct.

\..,

V
I

l

60. When the offender is not known or cannot be found, the
Magist rate may if he finds that an ofience bas been committed,
order the properly in respect of which the offence has been com-
mitted to be forfeited to the Government together with tools,
vehicles or cattle and other articles used in committing the offence
and taken charge of by the forest officer or to be made over to
the person whom the Magistrate deems to be entitled to the same:

Provided that no such order sha 11be made until the expiration
of thirty days from the date of seizing the property, or WilhQUI
hearing the person. if any, claiming ;IJlY right thereto, and the
evidence, if' any, which he may produce in support of his claim.

61. Notwithstanding~tlnythil1g hereinbefore. contained, the Depu-
ty Conservator of Forests may direct sale of the property seized
under section 55 which is subject to speedy ancl natural decay
and deposit the sale proceeds with the Government.

Procedure
when offender
is not k 110W/l or
cannot be found.

Procedure as to
perishable pro-
perty seized.



Appeal from
orders under
sections 58,59
or 60.

Vesting of for-
feited property
in the Govern-
ment·

Confiscation
by forest offi-
cers ill certain
cases.

Issue of show
cause notice.

Revision.

Appeal.

Vexatious sea-
rch, etc. by fo-
rest officer.

18

62. Officer who made the seizure under section 55 or any officer
superior or any person claiming to be interested in the property so
seized may, within thirty days from the date of any order passed
under section 58, section 59 or section 60, appeal to the Court
having jurisdiction.

63. When an order for the forfeiture of any property has been
passed under section 58 or section 60 thereof, as the case may be,
and the period speci fled by section 62 for an appeal from such
orders has lapsed, and no such appeal has been preferred, the
court confirms such order in respect of the wbole or a portion of
such property or such portion thereof, as the case may be, shall
vest in the Government free from all encumbrances.

64. Notwithstanding anything contained in the foregoing provi-
sions of this Chapter, where a forest offence is believed to have
been committed in respect of timber, firewood, charcoal and other
forest produce which is the property of the Government, the offi-
cers seizing the property shall, withou t any unreasonable delay
produce it, together with all implements, ropes, chains, vehicles
and cattle and other animal used in committing such offence be-
fore a superior forest officer auihorised by the Government in
this behalf, not being below the rank of the Deputy Conservator
of Forests ( hereinafter referred to as the authorised officer).

(2) Where an authorised officer seizes any timber,
charcoal, firewood and other forest produce which is
the property of Government, or where such property
is produced before an auihorised officer under sub-sec-
tion (1) and if he is satisfied that a forest offence has
been committed in respect of such property, such au-
thorised officer may, whether or not a prosecution is
instituted for the commission of such forest offence,
order confiscation of property so seized together with all
ropes, chains, implements, vehicles, cattle and other

animal used in committing such offence.

65. No order confiscating any property under section 55 shall be
made except after serving a notice in writing to the person from
whom it is seized and considering his objection, if any.

66. Any forest officer not below the rank of a Chief Conser-
vator of Forests, before the expiry of thirty days from the date of
the order of the Conservator of Forests under section S7, on his own
motion call for and examine the records of thatorder and may make
such enquiry or cause such enquiry to be made and may pass
such order as he deems fit :

Provided that no order prejudicial to a person shall be passed
under this section without giving him an opportunity of being
heard.

67. A ny person aggrieved by an order passed uncler section 64
or section 66 may, within thirty days from the date of issue of or-
der to him appeal to the Magistrate having jurisdiction over the
area of seizure of such property and the Magistrate after giving an
opportunity to be heard shall pass an order ei.ther confirming or
rejecting or modifying the order appealed against.

68. (1) Any forest officer exercising powers under this Act
or any rule made thereunder who--

(a) without reasonable ground of suspicion, searches
or causes to be searched any place, premises, vehi-
cle or vessel; or

(b) vexatiously detains or searches or arrests any per-
son;



Central Act 45
of 1860

~~
,

I
I
i
i,

19

shall, for every such offence, upon conviction by the court,
be punishable with imprisonment which may extend to six
months or with fine which may extend to two thousand
rupees, Or with both.
(2) Any person wilfully and maliciously giving false infor-
mation and so causing an arrest or a search to be made
under this Act shall, upon conviction by the court, be
punishable with imprisonment for a term which may extend
to six months or with a fine which may extend to two thou-
sand rupees or with both.

~9. Whoever with intend to cause damage Or injury to the pub-
lie or to any person to cause wrongful gain as defined in the Indian
Penal Code, 1860,-

(a) knowingly counterfeits upon any timber or standing
tree a mark used by forest officer to indicate that such
timber or such tree is the property of the Government
01' of some person, or that it may lawfully be cut or
removed by some person; or

(b) unlawfully affixes to any timber 01' standing tree a mark
'used by forest officers; or

(c) alters, defaces or obliterates any such marks placed on
any timber 01' standing tree by 01' under the authority
of a forest officer; or

(d) alters, moves, destroys or defaces any boundary marks
of any forest to which the provisions of this Act are
applicable;

shall be punishable with imprisonment for a term which
may extend to two years or with fine which may extend to
six thousand rupees or wiih both.
70. (l ) A forest officer may, without an order from a Ma-

gistrate and without a warrant, arrest any perSOfJ-
(a) who has been concerned in any forest offence

punishable with imprisonment for not less than one
month; or

(b) who on demand of such forest officer, refuses,
gives his name of residence or gives a name or resi-
dence which such officer has reason to believe to
be false; or

(c) if there is reason to believe that he will abscond.
(2) Any person arrested under sub-section (1), shall be infor-

med, as soon as may be, of the grounds for such arrest
and shall be produced before the nearest Magistrate
having jurisdiction within a period of twenty four hours
of such arrest excluding the time necessary for the jour-
ney from the place of arrest to the court of Magistrate
and no such person shall be detained in custody beyond
the said period without the order of a Magistrate.

71. Any forest officer of the rank not below that of a Range
Officer who, or whose subordinate, has arrested any per-
son under the provisions of section 70 may, release such person
on his executing a bond with or without surety to appear before
the Magistrate if so required.

72. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 ( V of 1898 ), any Magistrate of the First Class
especially empowered in this behalf by the State Government may
try summarily any forest offence.

73. Every forest officer and police officer shall prevent, and may
interfere for the purpose of preventing the commission of any for-
est offence.

Penalty for
counter-feiting
or defacing
marks all trees
or timbers and
for altering
boundary mar-
ks. .

Power fa ar-
rest without
warrant.

Power to re-
lease on bond.

Power to try
offences sum-
marily.

Power to pre-
vent commis-
sion of offence.•.



lower to com- 74. (1) The Government may, by notification, empower a forest
pound offences. officer not below the rank of a Range Officer-

(a) to accept from any person against whom reasonable
suspicion exists that he has committed any forest
offence, other than offence referred to in section 68
and section 69, a sum of money which shall be
twice the value of the property involved by way of
compensation for the offence which such person is
suspected to have committed; and

(b) when any property has been seized is liable to con-
fiscation to release the same 011 payment of the
va Iue thereof as cstirna ted by such officer.

(2) On the payment of such sum of money or such value,
or both" as the case may be, to such officer, the sus-
pected person, if in custody, shall be discharged with
and the property, if any, seized shall be released, and
no further proceedings shall be taken against such per-
son or property.

75. When in any proceedings taken under the provisions of this
Act or in consequence of anything done under this Act
or under any other law for the time being in' force, a
question arises as to whether any forest produce is the property
of the Government, such produce shall be presumed to be the
property of the Government until the contrary is proved and
in case of any prosecution the burden of proving the contrary
shall lie on the accused.

76. (I) When any person is convicted of felling, cutting, girdling,
marking. lopping or tapping trees, or of injuring them
by Are or otherwise in contravention of provisions of
this Act or of any rule made thereunder, the con-
victing court may, in' addition to any other punishment
which it may impose, order that: person to pay to the
Government such compensation for each tree with res-
pect to which the offence was committed, as it deems
just.

(2) Where the person convicted of commission of an offence
is an agent or servant of another person, the court may,
after holding such enquiry as it deems fit or giving him
reasonable opportunity of being heard, order such person
to pay the compensation if it is of the opinion that the
offence was committed due to neglect or default of such
other person.

of 77. When the holder of any lease, licence or contract whatsoever
granted or continued by or on behalf of the Government for any
of the purposes of this Act, or when any such offence is com-
mitted by any agent or servant of the holder of any such lease,
licence or contract and the Governrnent is satisfied with the COl11-
mission of the offence was a consequence of the instigation of such
holder or of any wilful neglect or default on his part, the Govern-
ment or a forest officer duly empowered by the Government in
this behalf may, by order in writing, declare the lease, licence, or
contract to be forfeited in whole or in part with effect on and from
the date to be specified in the order.

78. This Act shall be, in addition 10, and not in derogation of
any other law for the time being in force.

CHAPTER - X
MISCELLANEOUS

Forest produce
. presumed fa he
the Govern-
ment
property.

Compensation
for damage.

Forfeiture
leases.

Act not in dero-
gation oj other
laws.

20

Powers of [o- 79. (1) Without prejudice to the powers conferred upon a forest
rest officer. officer under this Act, Government may, by notifica-

tion, invest any forest officer with all or any of the
following powers. that is to say t-



21

(a) to enter upon any land and survey, demarcate and
make a map of the same;

(b) to compel the attendance of witnesses, production
of documents and the materials of objection;

(c) to hold investigation into forest offence, and in the
course of such investigation to receive and record
evidence;

(d) to notify the seasons and manner in which fire may
be kindled, kept or carried in a Reserved Forest or
Forest;

(e) to grant permits referred to in the provisions of this
Act;

(0 to give public notice of timber collected under sec-
tion 45;

(g) to notify stations, depots for the receptions and sale
of tim ber and forest produce;

(h) to take possession of property under this Act;
(i) to stop and check any vehicle suspected of being

involved in a forest offence;
(j) to compound cases and charge compensation for

damages caused by commission of forest offence.
Any evidence recorded under clause (c) of sub-section
(l) shall be admissible in any subsequent trial before a
Magistrate :

Provided that it has been taken in the presence of
the accused person and recorded in the manner as pro-
vided under sections 355, 356 or 357 of the Code of
Criminal Procedure, 1898.

Central Act 45 80. Every forest officer shall be deemed to be a public servant
of 1860 within the meaning of section 21 of the Indian Penal Code, 1860.

(2)

81. (1) No suit, prosecution or other legal proceedings shall lie
against any forest officer for anything which is in good
faith done or intended to be done in pursuance of this
Act or any rule or order made thereunder.

No suit or other legal proceedings shall lie against the
Government for any damage caused or likely to be
caused for anything which is in good faith done or inten-
ded to be done in pursuance of this Act or any rule
or order made thereunder.

(2)

82. No forest officer shall, either as principal or an agent or in
any other capacity, trade in timber or otber forest produce or
become interested in any lease or mortgage of any forest within or
outside the State of Sikkim

83. (1) The Government may, by notification, make rules to
carry out all or any of the purposes of this Act.
In particular and without prejudice to the generality of
the foregoing power, such rules may provide for all or
any of the following matters, namely :-

(a) to confer or limit the power and duties of any
forest officer under this Act;

(b) to regulate the procedure of working by the
forest officer under this Act;

(c) for the preservation, reproduction and disposal
.__....- . of trees, timber and other forest produce belon-

ging to Government or otherwise, grown on
land belonging to or in the oocupation of pri-
vate persons;

(2)

Forest officer
deemed to be
public servant.
Indemnity for
acts done in
goodJaitlz.

Forest officer
not to trade.

Genera! power
to make rules.



Penalties.

Persons bound
to assist fore'S!
officer. .

22
(d) to regulate the rewards to be paid to officers

and informers;
(e) to regulate the cuttings, felling, sale and dis-

posal of trees in private holdings, or goru-
charan or khasrnal forest;

(f) the fees to be levied in respect of licences, per-
mits, passes or permissions issued under tbis
Act or rules made thereunder;

(g) to prescribe the distance from the centre of
the National Highway and other Highways as
road reserve under sub-section (4) and su b-sec-

'y' tion section (5) of section 29;
" (h) any other matter which is required to be or

may be prescribed.
84. Any person wbo contravenes any provision of this Act
or any rule made under this Act for contravention of which
no separate penalty is provided, shall on conviction, be punishable
with imprisonment for a term which may extend to one year or
with a fine which may extend to six thousand rupees or with both.
85. Every person who-

(i) exercises any right in a reserve forest, khasmal forest
Or gorucharan forest or any other forest land; or

(ii) is perrnittted to take any forest produce from such
forest or forest land; or

(iii) cuts and removes tim bel'; or
(iv) pastures cattle in any forest; or
(v) is employed by any of the persons hereinbefore mentio-

ned in a village contiguous to such a forest; or
(vi) is-employed by the Government; or
(vii) receives the emoluments from the Government for

services performed to the community;
shall be bound to furnish without unnecessary delay to nearest
forest officer any information that be may possess regarding
the occurrence of fire in or near such forest Or commission of
any forest offence and shall forthwith take steps,-

(a) to extinguish any forest fire in such forest or
which he has knowledge or information;

(b) to prevent by any lawful means in his power any
fire in the vicinity of such forest of which he has
knowledge of or information from spreading to
such forest and shall assist any forest officer
demanding his aid;

(c) in preventing the commission of any forest offen-
ces; and

(d) when there is reason to believe that any such offen-
ces has been committed, in such forest, in discover-
ring and arresting the offender.

(2) Any person who is required to act in accordance with
sub-section (1) fails to do so without lawful excuse-

(a) to furnish information to the nearest forest
officer;

(b) to take steps to extinguish any forest fire;
(c) to prevent spreading of fire ;
(d) to assist any forest officer demanding his aiel

in preventing the commission of forest
offence;

shall, on conviction, be punishable with imprisonment
for a term which may extend to six months or with a fine
which shall not be less than five thousand rupees or WIth
both.



9 oj 1872.

23

86. All monies payable to the Government under this Act
or under any rule made thereunder on account of the price of
any forest produce or of expenses incurred in the execution of this
Act in respect of such produce may, if not paid when due, be
recovered as if it were an arrear of land revenue.
87. (1) When any money referred to in section 86 is payable Lien 011 forest

for in respect of any forest produce, the amount there- produce.
of shall be deemed to be the first charge on such
produce and such produce may be taken possession of
by a forest officer duly empowered and may be retained
by him until such amount has been paid.

(2) If such amount is not paid within the period of one
month from the date of receipt of a notice for such
amount, the forest officer may sell such produce by
public auction and the proceeds of sale shall be applied
first in discharging such amount.

(3) The surplus of sale proceeds of such public auction, if
any, if not claimed within sixty days from the date of
sale by the person entitled thereto, shall be forfeited
to the Government :

Provided that the Government may, for reasons
to be recorded in writing, order the refund of
such surplus sale proceeds to the person entitled there-
to within the period of three years from the date of
sale. .

88. When any person in accordance with any provision of this
Act, or in co ll1 P 1 i a 11 c e with any rule made there-
under, binds himself by any bond or instrument to perform
any duty or act, or covenants by any bond or instrument tbat
he, or that he and his servant and agents will abstain from any
act, the whole sum mentioned in such bond or instrument as the
amount to be paid in case of such breach of the conditions there-
of, may notwithstanding anything in section 74 of the Indian
Contract Act, 1872, be recovered from him in case of such breach
as if it were an arrear of land revenue.
89. If any difficulty arises in giving effect to the provisions of this
Act, the Government may by order not inconsistent with
the provisions of this Act, remove such difficulties:

Provided that no such order shall be made after the expi-
ration of a period of three years from the date of commencement
of this Act.
90. No Court shall take cognizance of any offence punishable
under this Act except on a report in writing of the facts
constituting such offence macle by any forest officer not below
the rank of a Range Officer.
91. (1) The Sikkim Forests, Water Courses and Road Reserve
(Preservation and Protection) Ordinance, 1988 (Ordinance No.2 of
]988), is hereby repealed.

(2)' Notwithstanding such repeal, anything clone or any
action taken in the exercise of the powers conferred by or under
that Ordinance shall be deemed to have been done or taken in
exercise of the powers conferred by or under this Act as if this
Act was in force on the day on which such thing was done or such
action was taken. .

(3) All existing orders, notifications, rules, regulations, bye-
laws, proclamations and other instrument having the force of law
shall be deemed to have been made under this Act and they shall
remain in force WI the rules under the provisions of this Act
are made.

Recovery 0/
money due to
Government,

Recovery Of
penalties due
under bond.

Power to re-
move difficul-
ties.

Cognizance or
offence.

Repeal Gild
Saving.



1. T eesta River
2. Rangeet River
3. Takcham chu
4. Ramphu chu
5. Aho Khola
6. Andheri Khola
7. Lachen chu
8. Lachung chu
9. Rathang chu
10. Dickling Khola
11. Rongli Khola
12. Diehu
13. Paehey Khola
14. Rongni chu
15. Roro chu
16. Lungze ehu
17. Biju ehu
18. Rate chu
19. Bakcha ehu
20. Reshi chu
21. Dick chu
22. Reshi ehu
23. Chakung chu
24. Ongebu
25. Rum elm
26. Monmu chu
27. Rang Pbap chu
28- Ramphu chu
29. Rangyong chu
30. Kayam chu
31. RelJi elm
32. Rothak ehu
33. Reshi cbu
34. Kalej Khola
35. Rong Dung chu
36. Rimbi chu
37. Riyong khola
38. Bhari Khola
39. Meyong chu
40. Prekchu
41. Raman Khola
42. Song Khola
43. Pabong Khola
44. Yalichu
45. Reshi chu
46. Kanaka
47. Hee Khola
48. Dentam Khola
49. Sangya Khola
50. Manpur Khola
51" Rolu Khola
52. Rabi Khola
53. Seti Khola

24

SCHEDULE
( See section 29)

54. Rabong Khola
55. Kaliz Khola
56. Rakel chu
57. Talung chu
58. Ringi ehu
59. Rahi chu
60. Rongnek chu
61. Rong chu
62. Gangtok chu
63. Khedum chu
64. Byangya chu
65. Bitehu ehu
66. Chyakum chu
67. Yornthang chu
68. Damang chu
69. Berungchu
70. Dongkhyn chu
71. Sebuchu
72. Toklumehu
73. Semachu
74. Sevochu
75. Zemaehu
76. Chholamchu
77. Lhonakchu
78. Nakuchu
79. Lhorachu
80. Lungurachu
81. Gornachu
82. Tbomp
83. Pokechu
84. Burungchu
85' Gyamthangchu
86. Kalep chu
87. Lasha elm
88. Tholangchu
89. Ringphichu
90. Umram chu
91. Rubelehu
92. Phensangchu
93. Rateychu
94. Rangrang chu
95. Rangchangchu
96. Q Khola
97. Martam Khola
98. Neem Khola
99. Chokchurang chu
100. Yangsha chu
101. Chil Khola
102. Barcli Khola
103. Khani Khola (Melli).
104. Any other river that may be included

by the Government, by notification,
from time to time.

By Order of the Governor,

B. R. PRADHAN,
Secretary to the Government of Sikkim,

Law Department.
[ File No. 16 (236)jLDj1988]



SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY

Gangtok, Tuesday, , 8th April, 2000 No. 129

'GOVERNMENT OF SIKKIM
LAW DEPARTMENT

GANGTOK
I, •

NO.8/LD/2000 Dated the 17th April, 2000
NOTIFICATION

The following Act of the Slkklrn Legislallve Assembly haVII1(Jreceived the assent of the Governor
on 7th day of April, 2000 is hereby published lor (Jeneral infom,i\ition:-

THE SIKKIM FORESTS, WATER COUBSES AND FlbAD RESERVE
(PRESeRVATION AND I'A~)TECT\PN) AMf.NOMENT ACT, 2000

(ACT NO.6 OF 2000)
AN
ACT

to arnend the Sikkirn hJrflSli;'; Waler Courses and Road Reserve (Preser-
vation and Proleclion) Ac!,1 08(1,

BI! it enacted by the Lugislature of Sikkirn in the Fifly - first Year of the
Republic of India as follows:·

Short title and 1. (1) This Act may bu oslled the Slllkim Forests, Water Courses and Road
commencement. Reserve (Preservation ann Protection) Amendment Act, 2000.

(2) Ii shall come Inlo lorce irorn lli(, date of its notification in the Official
Gazette.' " '. ,

" :~

Amendment of
section 20,

',.
2. In the Sikkim Forests, WaleI' Courses and Road Reserve (Preservation and
Protection) Act, 1988 (hernlnattnr rolorrad to as the principal Acf). in section 20,-

(I)' In clause (k) jar the words "i'6n1housand" the words "twenly thousand"
shall be substituted. ·1

(ii) After clause (k) of HflCfi(jh 20, the f(illowing words shall be added,
namely- '

"Where an oHender has been previously oonvicted for an offence under this
section, the Magistrate having jurlscliollol1 shall inllict a penalty of imprisonment for
a term Which shall not be 10RS lilf18.lhroe.years out may extend up to seven years.

~I;



Amendment of
section 22.

Amendment of
section 24.

Amendment of
section 26.

Amendment of
section 29.

Amendment of
section 30.

Amendment of
section 37.

Amendment of
section 42.

Amendment of
section 51.

3. In section 22 01ttle principul Act,lor tI\W\)Xisting sub-section (1). the following
shall be substituted:- -:',.'~ .h

," 'l::: f", i
"(1) The Stale Ooveinlllsnt filBY, tJy"holillcalion in the Official Gazette declare

the provisions ot this Chapter appllcubla to any Khasrnal or Gorucharan forest which
is not Included in a reserved lorestbut wlJic;his thll property of Government, or over
which the Government has propriety riglits, or to the whote or any part of the forest
produce to which the Government is entltted."

4. (i) In section 24 01the principal Act, in clause (h) 01sub-section (1) forthe words
"five thousand" the words 'tentnousanc" shall be substituted.

(il) after clause (h) of sub-section (1L the following words shall be added,
namely»

"Where an onendcr nes been prevlously convicted for an offence under this
section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment tor
a term which shall not be less tl1ul1lbree years but may extend up to seven years".

5. In section 26 of the prlncipal Act, lor tile wordS "live thousand" tns words 'ten
thousand" stlall be substituted.

6. In ssctlon zs, alter sub-section (8), thq.!clilowing sub-section shall be inserted,
namely:- ...

I.. .,

"(9) The river bank ;f~ttlerreqro ln SU~I-'SeGti<;n'(1) of section 29 shall be under
the administrative contro of 1110Forest Oi3partment as if it were a forest constituted
under this Act.'

7. (I) In section 30 01tho prll1Glpl\1Act, ill clause (b) of sub-section (1) the words
"or a river bank" shall be uefetucf.

(Ii) After clause (b) In suo-section (1). the following clause shall be insened,
namely:-

"(e) removes any forest produce from a river bank without permission".

(Iii) tn sup-section (1) tor tl113w(Jrllll':~iIXthousanc' the words "twelve thousand"
shall be subslltuted.

(iv) After sub-section (1) of sootlon 30, the following words sha!l be added,
namely-

"Where an offender has been praviuously convicted for an offence under this
section, the Magistrate havii1g iurisdit;:tibn !\hall inllict a penally of imprisonment for
a term whicll shal: not be less than three y::WI;~.,putmay extend upto seven years".

I' ,

a. In section 37 of ItIOl)lr!nOi[JulAct,'jorille woidi, "two thousand" the words "five
. thousandtshall be sJI)sti uted, ". 1.'

9. In sub-section (3) of 8ucll0l142 of 1116prinCipal Act, for the words "two thousand'
the words 'live thousand" Si1811lltJ~lJbs(jtllted.

10,(1) In sub-section (3) of uacllon 51 of the principal Act, for the words "six
months" the words 'three YOMS" and for the words "one thousand" the words 'five
thousand" sl1611be substttuted .

."



Amendment of
section 53.

t t. In sub-section (1) of sectlon 5:l of lhe principal Aot, forthe words "fifty" the words
"two hundred and flfly" shall be subutttuted,

Amendment of 12. 1(1 the' marginal heading of section 57 of the princiapal Act. after the word
Marginal Heading. "reserved forests" the followng words shall be inserted. namely:-

Amendment of
section 68.

Amendment of
section 69.

Amendment of
section 70.

Amendment of
section 71.

"Khasmal or Gorucharan lornsts."

13. In sub-section (1) of section 68 of Ihe principal Act. for the words 'two thousand"
the words 'five thousand" sholl be substituted.

14. In section 69 of the prlncipa' AGI. -

(I) for the words "six thOIJS1111d"tho words 'twelve thousand" shall be substituted,

(ii) after clause (d). the following words shall be added. namely:-.
"Where an offender has boen previously convicted for an oHence under this

section, the Magistrate having jurlsdiclion Shall inflict a penalty of imprisonment for
a term which shall nol be less than three ye~r~.but may extend upto five years.

15. In section 70 of the IIrlnoipElIAot-

(i) In sub-section (1), niter the words "forest officer" the following words shall be
inserted, namely:-

"or Police officer".

(ii) for suo-socuon (2) tno following SUb-section shall be substituted namely:-

"(2) Every officer making an arrest under this section shall, without unnecessary
delay and subject to the provisions of this Act as to release on bond, take or send the
person arrosted befom tho Magistrate having jurisdiction in the case, or to the
Officer-In-Charge of the nournst Pollee EJlotioll."

16. After sootlon 71 of the prtnclpnl Act. the following section shall be inserted.
namely:-

"71 A. Certain offences 10 be non-bailable -
Notwithstanding anything contained in this Act or in the Code of Criminal
Procedure, 1973,-

(a) Tho offences under secUons or claU~es of sections mentioned in clause (b)
shall be non-bailable. . c , .f>,· :. .
(b) The sections E1f1(i:(;lal.lst:J~"nISflcli\ll;S of tHISAct referred to in clause (a) are
the following, namely:-
(I) section 20 clauses (a), (b), (e). (d). (e) and (k):
(il) section 24 clause (a). (LJ),and (il) of sub-section (1);
(Iii) see lion 42, sub-section (:3) Hnd
(iv) section 69.

(c)No person accused of any offence referred to in clause (b), shall if in custody,
be released on bailor on his own bond unless-
(i) the prosecution has bOIH!given an opportunity to oppose the application for
such release, and,
(ii) whore the prosecution opposes lI.l\{ application. the Court is satisfied that
there are reasonable grounds Inf'liEiliovinlJ that he is not guilty of such offence."

J



Amendment of
section 72.

Amendment of
section 74.

Amendment of
section 79.

Amendment of
sectlqn 83.

Amendment of
section 84.

Amendment of
section 85.

17. For section 72 of tho principal Act, the following :shall be subsltuteo, namely-

"72. The Chief Judicial Maqlstrute or any other Judicial Magistrar,e of the first
class specially empowered in this bellal! by the State Government in consultation
with the High Court rnay, try uumrnariiy under ths Code of Criminal Procedure. 1973
(2 of 1974'1. any forest offonco punishable Wittl imprisonment for a term not
exceeding one year or with finG not eXceeding two thousand rupees. or with both."

18. In clause (a) ci suo-socuon (1) 01 section 74 of the prinCipal Act for the word
"twice" the words 'tour times" shall be substituted,

19. In sub-section (1) of section 79 of the prtncipat Act. after clause (j) the follOWing
clause shall be inserted. namely:-

"(k) to declare any trss or group 01trees or other forest produce on any land to
be reserved Irom any datil it they are 01 ecological, silvicultural or of heritage
importance."

20. (1) Aler clause (g) in sub-section (2) of section 83 of the principal Act, the
following clause shall be tnsorted namely:-

"(h) to allow quarrying oi sand <111(\ stone from rivers and their banks or any other
area."

(2) In sub-section (2) of section 83 of the principal Act. clause (h) shall be
renumbered as clause "0)".

21. in section 84 of the principa! Act, -
(i) Ior ths words "six thousand" Ihe words "twelve thousand" shall be substituted,
(ii) After the words "or wllfl both" the following words shall be added, narnety-

"Where the offender has heon previously convicted for an offence under tIlis
section, tile Magistral€! IlflYing [urlsuictlon stwll inilict a penalty or imprisonment
for EI term which shall not be loss than throe years but may extend upto seven
years,"

22. In SUb-section (2) of seclion 85 of the principal Act-

(i) for the words "live thousand" the words" ten thousand" shall be substituted.

(iil After the words" or wltlt both" the following words shall be added namely:-

"Where an ottender hns baen previously convicted for an offence under this
section, the Magistrate l'lBving jurludiction shatl inflict a penalty of imprisonment
for a term of one year."

By Order of the GOv£Jfnor,

T.O. RINZING,
SECRETARY TO THE GOVERNMENT OF SIKKIM,

LAW DEPARTMENT.
File No, 16 (82) L0!77-2000

'Printed at Sikklm Government Press, Gallgtok.



SIKKIM

GOVERNMENT GAZETTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY

Gangtok Friday zo= April, 2007 NO.1S1
THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE

(PRESERVATION AND PROTECTION) AMENDMENT
BILL, 2007

( BILL NO.4 OF 2007 )
A

BILL

No. 03/2007-0S/SLAS/L & PA Dated: 5/4/07.

further to amend the Sikkim Forests, Water Courses and Road Reserve (Preservation and
Protection) Act, 1988.

BE it enacted by the Legislature of Sikkim in the Fifty-seventh Year of the Republic of India as
follows :-

Short title and
commencement.

1. (1) This Act may be called the Sikkim Forests, Water Courses
and Road Reserve (Preservation and Protection) Amendment Act,
2007.

(2) It shall come into force on the date of its publication in the Official
Gazette.

Amendment of
section 20.

2. In the Sikkim Forests, Water Courses and Road Reserve (Preservation
and Protection) Act, 1988 ( hereinafter referred to as the principal Act),
in section 20, in clause (k), for the words "twenty thousand", the words
"forty thousand" shall be substituted.

Amendment of 3.
section 24.

Amendment of 4.
section 28.

Amendment of 5.
section 30.

In section 24 of the Principal Act, in clause (h) of sub-section (1), for the
words "ten thousand", the words "twenty thousand" shall be substituted.

In section 28 of the principal Act, for the words "ten thousand", the words
"twenty thousand" shall be substituted.

In section 30 of the principal Act,
(i) after clause (c) of sub-section (1), the following clause shall be

inserted, namely:-
"(d) dumps soil, muck or wastes on a slip reserve or a road reserve or

a river bank without permission.";



Amendment of
section 37.

Amendment of
section 42.

Amendment of
section 51.

Amendment of
section 53.

Amendment of
section 68.

Amendment of
section 69.

4mendment of
section 84.

Amendment of
section 85.

(ii) in sub-section (1), for thewords "twelve thousand", the words "forty
thousand"shall be substituted.

6. In section 37 of the principal Act, for the words "five thousand", the
words "ten thousand" shall be substituted.

7. In sub-section (3) of section 42 of the principal Act, for the words "five
thousand", the words "ten thousand" shall be substituted.

8. In sub-section (3) of section 51 of the principal Act, for the words "five
thousand", the words "ten thousand" shall be substituted.

9. In sub-section (1) of section 53 of the principal Act, for the words "two
hundred and Iifty", the words "five hundred" shall be substituted.

10. In sub-section (1)of section 68 of the principal Act, for the words "five
thousand", the words "ten thousand" shall be substituted.

11. In section 69 of the principal Act, for the words "twelve thousand", the
words "twenty five thousand" shall be substituted.

12. In section 84 of the principal Act, for the words "twelve thousand", the
words "twenty five thousand" shall be substituted.

13. In sub-section (2) of section 85 of the principal Act, for the words "ten
thousand", the words "twenty thousand" shall be substituted.



STATEMENT OF OBJECTS AND REASONS

Whereas it is expendient to amend the provisions of the Sikkim Forests, Water Courses and Road
ReseNe (Preservation and Protection) Act, 1988 to make them more stringent and to provide deterrent
effect in keeping with the State Government's policy of preserving the State's green wealth.

S.B. SUBEDI
MINISTER-IN-CHARGE

FINANCIAL MEMORANDUM

- NIL-

MEMORANDUM REGARDING DELEGATED LEGISLATION

- NIL -



SI~(KIM

GOVERNMENT GAZEWfTE

EXTRAORDINARY
PUBLISHED BY AUTHORITY

Gangtok Tuesday 24tl1 June, 2008~---------------------------N'o.229

GOVERNMENT OF SIKKIM
LAW DEPARTMENT

GANGTOf(

No.041 LD/P/2008 Date: 24.06.2008
NOTIFICATION

\

The !ollc,wing Act passed by the Sikkirn Legislative Assembly and having received the assent of the President
on the 1611'1cJay of MllY. 20013 is hereby publlsbed lor genoml lnlorrnauort-

. THE SII(I<IM FORESTS, WATER·COURSES AND FlOAD RESERVE (PRESERVATION
AND PROTECTION) AMENDMENT ACT, 2007

Act No.4 of 2007

further to amend The Sikkim Forests, Water Courses and Road Fleserve (Preservation and Protection)
Act 1988

BI3 it enacted by tile Legislature of Sikkim in the Fifty·seventh Year of the Republic of India as follows:·

Amendment of
Section 24.

Amendment of
Section 28.
Amendment of
Section 30.

(1) This Act may be called The Sikklm Forests, Water Courses and
Road Reserve (Preservation and Protection) Amendment Act, 2007.

(2) It shall corne into force on the date of its publication in the Official
Gazette.

2. In The Sikkim Forests, Water Courses and Road Reserve (Preservation and
Protection) Act, 1988 (herein referred to as the principal Act), in section 20,in clause
(k) for the words "twenty thousand", the words "forty thousand" shall be substituted.

3. III section 24 of the principal Act, in clause (h) of sub-section (1), for the words "then
thousand", the words "twenty thousand" shall be substituted.

4. In section 28 01 the principal Act. for the words "tell thousand", the words "twenty
thousand" shall be substituted.

Short title and
commencemelJ t.

1.

Amendment of
Section 20.

5. In Section 30 of the-principal Act,
(i) alter clause (c) 01 sub-section (1), the following clause shall be inserted,

namely:-
"(d) dumps soil, muck or wastes on a slip reserve or a road reserve or a River

bank without permission.";
(ii) in sub-section (1), for the words "twelve thousand", the words "forty

thousand" shall be substituted,



Arnetuiment of
Section 37.

Amendment of
Sectton 42.

Amendmentof
Section 51.

Amendment of
Section 53.

Amendment of
Section 68.

Amendment of
Section 69.

Amendment of
Section 84.

A rnendment of
Section 85.

6.' In Section 37 01 the principal Act, for tile worcs "five thousand, the words "ten
thousand" shall bo substituted.

7. In sub-section (3) of section 42 of tile principal Act, for the words "live thousand",
tile words "ten thousand" shall be substituted.

8. In sub-section (3) of section of section 51 01 the principal Act, for the words "five
thousand", the words "ten thousand" shall be substituted,

9. In sub-section (1) of section' 53 of the principal Act, for the words 'two hundred and
Iilty", tile words "five hundred" shall be substituted.

10.ln sub-section (1) of section 68 of tile principal Act, for the words "five thousand", ~
the words "ten thousand" shall be substituted,

11,In section 69 of the principal Act, for the words "twelve thousand", the words "twenty-
five thousand" shall be substituted.

12,111section 84 of the principal Act, lor the words "twelve thousand", tile words"
twenty-five thousand" shall be substituted,

13.ln sub-section (2) 01 section 85 of the principal Act, lor the words "ten ten thousand"
the words "twenty thousand shall be substituted,

PRATIBHA DEVISINGH PATIL
PRESIDENT OF INDIA

R.K. PURKAYASTHA (SSJS)
LR-cum-Secretary
Law Department

S.G.P.G, - 229/ Gazette /150 Nos.lDI:- 24.6.2008.

THE SUBSEQUENT AMENDMENTS TO THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION AND PROTECTION) ACT 1988 (ACT NO. 6 OF 1988) 
AMENDED AND UPDATED UPTO JUNE, 2008                                                                                                                                                        



GOVERNMENT

SIKKIM

EXTRAORDINARY
PUBLISHED BY AUTHORITY

GAZETTE

Gangtok Thursday 08th October, 2020 No. 231

GOVERNMENT OF SIKKIM
LAW DEPABTMENT

GANGTOK

No. 13lLDl202O Dated: 07.10.2020

NOTIFICATION

The following Act passed by the Sikkim Legislative Assembly and having received assent
of the Governor on 21't day of September,2020 is hereby published for general information :-

THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION
AND PROTECTION) (AMENDMENT) ACT, 2O2O

(ACT NO. 13 OF 2O2O)

AN
ACT

further to amend the Sikkim Forests, Water Courses and Road Reserve (Preservation
and Protection) Act, 1988.

BE it enacted by the Legislature of Sikkim in the Seventy - first Year of
Republic of lndia as foilows :

Short title and 1. (1) This Act may be called the Sikkim Forests, Water Courses and
commencement Road Reserve (Preservation and Protection) (Amendment) Acl,2O2O.

(2) lt shall extend to the whole of Sikkim.

(3) lt shall come into force at once.

Amendment of 2. ln the Sikkim Forests, Water Courses and Road Reserve (Preservation
Section 2 and Protection) Act, 1988 in section 2, in clause (o), the word "bamboos"

shall be omitted.

Jagat B. Rai (SSJS)
L.R-cum-Secretary
Law Department

S.G.P.G. 231/ Corn. 2lGazette /100 Nos./ Dt: 08.10.2020