33Penalties for acts in contravention of notification under section 30 or of rules under section 32

(1) Any person who commits any of the following offences, namely:--

(a) fells, girdles, lops, taps or burns any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages,any such tree;

(b) contrary to any prohibition under section 30, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest-produce;

(c) contrary to any prohibition under section 30, breaks up or clears for cultivation or any other purpose any land in any protected forest;

(d) sets fire to such forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any tree reserved under section 30, whether standing, fallen or felled, or to any closed portion of such forest;

(e) leaves burning any fire kindled by him in the vicinity of any such tree or closed portion;

(f) fells any tree or drags any timber so as to damage any tree reserved as aforesaid;

(g) permits cattle to damage any such tree;

(h) infringes any rule made under section 32;

shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

(2) Whenever fire is caused wilfully or by gross negligence in a protected forest, the State Government may, notwithstanding that any penalty has been inflicted under this section, direct that in such forest or any portion thereof the exercise of any right of pasture or to forest-produce shall be suspended for such period as it thinks fit.

STATE AMENDMENT

Maharashtra

Amendment of section 33 of Act XVI of 1927.--In section 33 of the principal Act, in sub-section (1), for the words two thousand rupees the words five thousand rupees shall be substituted.

[Vide Maharashtra Act 21 of 2015, s. 3].

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).--

Section 33.-In Sub-section (1). --

(i) in clause (c), after the words "or clears", insert the words "or attempts to break-up or clear";

(ii) in clause (f), after the word "drags" , insert the words "or removes";

(iii) in the long line for the words "six months, or with fine which may extend to five hundred rupees", substitute the words two years, or with fine which may extend to twenty-five thousand rupees".

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]

Uttar Pradesh

Amendment of section 33--In section 33 of the principal Act, in sub-section (1),--

(i) in clause (c) after the words "or clears" the words "or, attempts to break up or clear" shall be inserted;]

(ii) in clause (f) for the word "drags" the word "removes" shall be substituted;

(iii) for the words "six months or with fine which may extend to five hundred rupees, or with both" the words "two years, or with fine which may extend to five thousand rupees, or with both and on the second and every subsequent conviction for the same offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees" shall be substituted.]

[Vide Uttar Pradesh Act 1 of 2001, s. 4]