154

KARNATAKA ACT NO. 20 OF 2001

THE KARNATAKA FOREST (AMENDMENT) ACT, 2001

ARRANGEMENT OF SECTIONS
Sections:

1. Short title and commencement

2. Amendment of section 2
3. Substitution of section 83
4. Substitution of section 84
5. Substitution of section 85
6. Amendment of section 86
7. Amendment of section 87
8. Substitution of the expression “Divisional Forest Officer”

STATEMENT OF OBJECT AND REASONS

In the Budget speech of 2001-2002 it was anounced that
amendments to the Karnataka Forest Act, 1963 will be brought
to remove the restrictions on the growing of Sandal Wood trees
in private land in order to encourage public to grow Sandal Wood
in their land.
It is proposed to amend the definition of 'Divisional Forest
Officer' as this post is redesignated as 'Deputy Conservator of
Forest': and to include Additional Principal Chief Conservator in
the definition of "Forest Officer".
It is also proposed to modify the provisions of penalty in
respect of forest offences relating to Sandal Wood by enhancing
the inprisonment from seven years to ten years and fine from
rupees twenty five thousand to rupees one lakh.
Hence the Bill.
(Vide L.C. Bill No. 2 of 2001 File No. ÉâªÀâXµÖE 30 µÖÉâ}â 2001)
 155

KARNATAKA ACT NO. 20 OF 2001

(First Published in the Karnataka Gazette Extra-ordinary on
the twentieth day of August, 2001)
KARNATAKA FOREST (AMENDMENT) ACT, 2001
(Received the assent of the Governor on the Seventeenth day
of August, 2001)
An Act further to amend the Karnataka Forest Act, 1963.
Whereas it is expedient further to amend the Karnataka
Forest Act, 1963 (Karnataka Act 5 of 1964) for the purposes
hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the
Fifty-second year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may
be called the Karnataka Forest (Amendment) Act, 2001.
(2) It shall come into force on such date as the State
Government may by notification appoint.
2. Amendment of section 2.- In section 2 of the
Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964) (hereinafter
referred to as the principal Act),-
(i) in clause (3), for the words “Divisional Forest Officer”
the words “Deputy Conservator of Forest” shall be substituted;
(ii) in clause (6), after the words “Principal Chief
Conservator” the words “Additional Principal Chief Conservator”
shall be inserted;
3. Substitution of section 83.- For Section 83 of the
principal Act the following shall be substituted, namely:-
Published in the Karnataka Gazette Part IV-A Extraordinary No.1558 dated
20-8-2001 (Notification No. ÉâªÀâXµÖE 30 µÖÉâ}â 2001)
 156

“83. Rights of certain persons entitled to sandal

trees.- (1) All persons who by the terms of their sannads, grants,
or by judicial decision or other wise are, prior to the
commencement of this Act, legally entitled to the sandal trees in
their lands shall not fell or sell such sandal tree or convert or
dress sandal wood obtained from such tree or posses, store
transport or sell the sandal wood so obtained except in
accordance with the provisions of the rules made under this Act.
(2) On or after the commencement of the Karnataka
Forest (Amendment) Act, 2001 every occupant or holder of land
shall be legally entitled to the sandal tree in his land except where
such sandal tree is declared to be the property of the State
Government in any grant, lease, contract or other instrument,
but such occupant or holder shall not fell or sell such sandal tree
or convert or dress sandal wood obtained from such tree or
posses, store transport or sell the sandal wood so obtained except
in accordance with the provisions of the rules made under this
Act.”
4. Substitution of section 84.- For section 84 of the
principal Act, the following shall be substituted, namely:-
“84. Presumption in case of sandal wood.- Wherein
any proceedings taken under this Act or in consequence of
anything done under this Act or under any law for the time being
in force, a question arises as to whether any Sandalwood is the
property of the State Government, it shall until the contrary is
proved be presumed to be the property of the State Government
and in case of any prosecution, the burden of proving the contrary
shall lie on the accused.
5. Substitution of section 85.- For section 85 of the
principal Act, the following shall be substituted, namely:-
 157

“85. Responsibility of occupants and holders of land

for the preservation of sandal trees etc.- Every occupant or
holder of land or any other person referred to in section 83 shall
preserve all sandal trees growing in his land, and shall in the
event of its theft at once report such fact to the nearest Forest
Officer or Police Officer.”
6. Amendment of section 86.- In section 86 of the
principal Act,-
(i) in the opening paragraph,-
(a) after the words “ belonging to Government”, the
words and figures “or to an occupant or holder of land or other
person referred to in section 83” shall be inserted;
(b) for the words “seven years” and “twenty five thousand
rupees” the words “ten years” and “one lakh rupees” shall
respectively be substituted.
(ii) in the proviso,
(a) in clause (i), for the words “ three years” and “ five
thousand rupees” the words “ five years” and “ fifty thousand
rupees “ shall, respectively be substituted;
(b) in clause (ii), for the words “ five years” and “ twenty
thousand rupees” the words “ seven years” and “seventy five
thousand rupees” shall, respectively be substituted.
7. Amendment of section 87.- In section 87 of the
principal Act,-
(1) in sub-section (1), after the second proviso the
following proviso shall be inserted, namely:-
“Provided also that nothing in this sub-section so far as
it relates to obtaining a licence to possess, store or sell or attempt
 158

to store or sell sandal wood shall apply to any person or occupant

or holder of land referred to in section 83 in respect of sandal
wood obtained from sandal tree grown by such person or
occupant or holder in his land.
(2) in sub-section (2),-
(i) in the opening paragraph for the words “ seven years”
and “twenty-five thousand rupees” the words “ ten years” and “
one lakh rupees” shall, respectively be substituted;
(ii) in the proviso,
(a) in clause (i), for the words “ three years” and “ five
thousand rupees” the words “ five years” and “ fifty thousand
rupees “shall, respectively be substituted.
(b) in clause (ii), for the words “ five years” and “twenty
thousand rupees” the words “ seven years” and “ seventy five
thousand rupees “, shall respectively be substituted.
8. Substitution of the expression “ Divisional Forest
Officer”.- In the principal Act, for the expression “Divisional Forest
Officer” wherever it occurs, the expression “ Deputy Conservator
of Forest” shall be substituted.