The Government of Kerala on November 1st 2024 issued the Kerala Forest (Amendment) Bill, 2024 to further amend the Kerala Forest Act 1961.The amendments propose sweeping changes aimed at tightening enforcement, enhancing penalties for forest offences, and redefining the roles and responsibilities of forest officers.
1. Expanded Definitions and Key Terminologies
The first significant change in the Amendment Bill concerns the definition of terms. These changes help to create clarity in the implementation of the law and address emerging environmental concerns.
Bark
The Bill introduces a precise definition of bark, referring to it as the “hard outer covering of the woody stem or root.” This amendment addresses the need to protect bark, which is often harvested from trees like sandalwood and rosewood.
Fishing
The definition of fishing has been expanded to include illegal practices such as poisoning rivers, using explosives, and electrocution. These harmful activities not only destroy aquatic life but also disrupt entire ecosystems. By defining these practices as part of illegal fishing, the Amendment seeks to curb such destructive methods.
Forest Officer
The definition of a Forest Officer is also broadened to include a wider range of officers within the forest service, such as Beat Forest Officers, Wildlife Wardens, Assistant Conservators, and even officers like Tribal Watchers. This change highlights the importance of involving various officers in managing forest resources, biodiversity, and wildlife protection.
Waste Material
A new clause introduces the definition of waste material to cover a range of discarded substances, including toxic industrial waste, garbage, and other harmful materials. This aligns with the growing need to address pollution and its adverse effects on forests and wildlife.
Wild Animal
The Bill also harmonizes the definition of wild animal with the provisions of the Wild Life (Protection) Act, 1972, reinforcing the commitment to protecting wildlife within forest reserves.
2. Increased Penalties for Forest Offences
The Bill significantly increases the fines and penalties for a range of forest-related offences. This move is aimed at making violations more financially deterrent, and ensuring that the costs of environmental harm are better reflected in the legal consequences.
Section 27: Penalties for Offences
- The fine for minor offences has been raised from ₹1,000 to ₹5,000.
- For more serious offences, the fine increases from ₹5,000 to ₹25,000.
These changes reflect the government’s growing concern about forest-related crimes, including illegal logging, poaching, and pollution.
Section 29, 32, and 40: General Increase in Fines
In line with the overall trend, fines for offences under other sections (like those concerning the damage to forest property or unlawful activities) are also increased.
Section 62: Higher Fines for Poaching and Wildlife Crimes
- The fine for offences such as poaching, illegal hunting, or damaging wildlife habitats has been significantly raised to ₹25,000.
Section 47G: Stricter Penalties for Specific Offences
The penalties for certain high-impact crimes like illegal logging or wildlife poaching are raised considerably:
- Up to ₹1.5 lakh for severe violations, including illegal logging or destroying reserved forests.
- For repeat offenders, penalties are doubled, further deterring future crimes.
These escalated fines and penalties are intended to deter illegal activities and strengthen the deterrence effect of the law.
3. Strengthening Enforcement Powers
One of the central aspects of the Amendment Bill is the enhancement of enforcement mechanisms. Forest officers are given expanded powers to ensure better compliance and immediate action against forest offences.
Section 52: Inspection and Seizure Powers
The Bill gives Forest Officers greater authority to:
- Inspect forest produce and related documents.
- Search premises, vehicles, and vessels suspected of carrying illegally obtained forest produce.
- Seize materials and tools used in forest crimes.
This amendment will streamline the ability of forest officers to act swiftly and decisively when forest offences are suspected.
Section 63: Powers of Arrest without Warrant
Under this provision, Forest Officers (at least of the rank of Beat Forest Officer) and Police Officers can now arrest individuals suspected of forest offences without a warrant. This is particularly useful for apprehending individuals involved in illegal activities, such as logging or poaching, before they can evade law enforcement.
Additionally, officers are required to inform the arrested individual of the grounds for arrest and ensure that the person is brought before a police station or forest station promptly.
Section 68: Compounding of Offences
The Bill introduces provisions to compound minor forest offences by accepting compensation. For example, a person who has illegally cut timber might be allowed to pay a fine equivalent to the market value of the timber to settle the case without going through a full legal process. However, serious offences like poaching cannot be compounded.
4. Protecting Forest Resources and Wildlife
The Kerala Forest (Amendment) Bill also includes important provisions for better management of forest resources and protection of wildlife.
Section 47B: Use of Forest Produce
The Bill introduces new clauses to regulate the use of forest resources. It clarifies that certain forest produce (like sandalwood) cannot be used for sale or other purposes unless explicitly authorized by the government.
Moreover, it ensures that no forest land or tree will be used for commercial purposes unless done within the framework of sustainable management practices.
Section 47C: Appeals Against Licensing Decisions
The amendment establishes a new provision for an Appellate Officer to review disputes regarding the issuance, suspension, or cancellation of forest-related licenses. This process aims to provide greater transparency and accountability in decisions affecting forest resources.
5. New Powers for Forest Officers and the Forest Department
Section 47A: Designation of Appellate Officer
A new clause has been added to designate a senior forest officer (not below the rank of Conservator of Forests) as the Appellate Officer for disputes related to the use of forest resources. This provision will help address conflicts over land use and forest conservation measures.
Section 47E & 47G: Forest Department Authority
Further clarification is made regarding the powers of the Forest Department. Now, officers have enhanced authority to issue orders regarding the confiscation of forest produce, and enforce restrictions on the use of ecological fragile areas.
6. New Powers of Presumption and Certification
Section 69: Presumption of Unlawful Possession
The Bill introduces a provision for the presumption of unlawful possession of forest produce. If a person is found in possession of timber, wildlife, or other forest produce, they will be presumed to be unlawfully possessing it unless they can prove otherwise. This shifts the burden of proof in such cases to the accused.
Section 72: Certification of Forest Produce
To further streamline forest management, Forest Officers will be empowered to issue certificates verifying the identity of forest produce. These certificates can serve as evidence in legal proceedings, making it easier to track the origin and legality of forest products.
