| [Uttar Pradesh].- In its application to the State of Uttar Pradesh, for Cl. (1), substitute (1) authorised officer means an officer authorised under sub-section (1) of section 52-A;(1-A) cattle includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;U.P. Act 1 of 2001, Section 2 (w.e.f. 16-4-2001). |
| [Uttaranchal].- In its application to the State of Uttaranchal, in Section 2, Cl. (2), insert the following clause, namely:(2-A) authorised officer means an officer authorised under sub-section (1) of section 52-A.Uttaranchal Act 10 of 2002, Section 2. |
| "Gujarat].- In its application to the State of Gujarat, in Section 2(4)(a), for the words rauwolfia serpentina, substitute rauwolfia serpentina kadaya gum.Gujarat Act 11 of 1976, Section 2 (w.e.f. 17-3-1976).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 2, Cl. (4), sub-Cl. (a),(i) after the word lac, insert shellac, gum, and after item (iv), add the following item:(v) standing agricultural crops.M.P. Act 9 of 1965, Section 2 (w.e.f. 20-3-1965).(ii) after the words mahua seeds, insert ,tendu leaves.M.P. Act 1 of 1990, Section 3.[Maharashtra].- In its application to the State of Maharashtra, in Cl. (4), sub-Cl. (a),(i) after the word kuth, insert , apta and temburni leaves.Bombay Act 24 of 1955, Section 2 (w.e.f. 22-6-1955).(ii) after the words temburni leaves, insert , rosha grass, including oil derived therefrom, rauwolfia serpentina.Maharashtra Act 27 of 1968, Section 2 (w.e.f. 28-8-1968).[Tripura].- In Cl. (4),(i) in sub-Cl. (a), for the words and myrobolams, substitute myrobolams, gum, sal seeds, sal leaves, kendu leaves, wild animals, skins, tusks, horns and bones, and all other parts of produce of wild animals;(ii) in sub-Cl. (b), in item (iii), the words wild animals and skins tusks, horns and bones and and all other parts or produce of animals shall be omitted.Tripura Act 10 of 1984, Section 3 (w.e.f. 16-3-1985). |
| [Bihar].- In its application to the State of Bihar, for Cl. (4-A), substitute the following clause, namely:(4-A) owner includes(1) the Court of Wards constituted under the Court of Wards Act, 1879, or the Central Provinces Court of Wards Act, 1899, in respect of any property under the superintendence or charge of either of such Courts;(2) a manager appointed under section 2 of the Chota Nagpur Encumbered Estates Act, 1876, in respect of any property, the management of which is vested in such manager.Bihar and Orissa Act 3 of 1934, Section 2 (w.e.f. 24-10-1934).[Gujarat].- In its application to the State of Gujarat, in Section 2, after Cl. (4-A), insert the following clauses, namely:(4-B) Police Officer means a Police Officer as defined in the Bombay Police Act, 1951;(4-C) Revenue Officer means a Revenue Officer as defined in Maharashtra Land Revenue Code, 1966, or where that Code is not in force, as defined in a law corresponding to that Code.Gujarat Act 15 of 1960, Section 6 (w.e.f. 6-12-1960) read with Maharashtra Act 7 of 1985, Section 2.[Maharashtra].- Same as that of Gujarat.SeeMaharashtra Act 6 of 1961, Section 4 (w.e.f. 3-2-1961), as amended by Maharashtra Act 7 of 1985, Section 2 (w.e.f. 1-6-1985). |
| [Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 2,(a) in Cl. (6), the word and occurring at the end shall be omitted;(b) in Cl. (7), for the sign ., the sign and word ;and shall be substituted; and(c) after Cl. (7), as so amended, the following Cl. (8) shall be added, namely:(8) Vehicle means a wheeled conveyance of any description which is capable of being used for movement on land and includes a cart, trolley vehicle and a trailor but does not include bicycle and cattle.H. P. Act 15 of 1991, Section 2 (w.e.f. 24-7-1991).[Tripura].- In Section 2, after Cl. (7), insert the following Cl. (8), namely:(8) wild animals shall have the same meaning as defined in the Wild Life (Protection) Act, 1972. Tripura Act 10 of 1984, Section 3 (w.e.f. 16-3-1985).[Maharashtra].- In Indian Forest Act, 1927, in its application to the State of Maharashtra, in section 2, in clause (7), the words "bamboos, stumps, brushwood and canes" shall be deleted.[Notification No. RB/TC/e-11019(15)(2014)/Notification-3/Bamboo-MFP/741, dated 19.8.2014] |
| [Gujarat].- In its application to the State of Gujarat, after Section 2, insert the following new section, namely:2-A. Construction of certain references to Central or Bombay Acts.In the application of this Act to any area of the State of Gujarat other than the Bombay area, any reference to a provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area.Gujarat Act 15 of 1960, Section 6 (w.e.f. 6-12-1960).[Maharashtra].- Same as that of Gujarat.SeeMaharashtra Act 6 of 1961, Section 5 (w.e.f. 3-2-1961). |
| [Uttar Pradesh].- In its application to the State of Uttar Pradesh, for Cl. (1), substitute (1) authorised officer means an officer authorised under sub-section (1) of section 52-A;(1-A) cattle includes elephants, camels, buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids;U.P. Act 1 of 2001, Section 2 (w.e.f. 16-4-2001). |
| [Uttaranchal].- In its application to the State of Uttaranchal, in Section 2, Cl. (2), insert the following clause, namely:(2-A) authorised officer means an officer authorised under sub-section (1) of section 52-A.Uttaranchal Act 10 of 2002, Section 2. |
| "Gujarat].- In its application to the State of Gujarat, in Section 2(4)(a), for the words rauwolfia serpentina, substitute rauwolfia serpentina kadaya gum.Gujarat Act 11 of 1976, Section 2 (w.e.f. 17-3-1976).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 2, Cl. (4), sub-Cl. (a),(i) after the word lac, insert shellac, gum, and after item (iv), add the following item:(v) standing agricultural crops.M.P. Act 9 of 1965, Section 2 (w.e.f. 20-3-1965).(ii) after the words mahua seeds, insert ,tendu leaves.M.P. Act 1 of 1990, Section 3.[Maharashtra].- In its application to the State of Maharashtra, in Cl. (4), sub-Cl. (a),(i) after the word kuth, insert , apta and temburni leaves.Bombay Act 24 of 1955, Section 2 (w.e.f. 22-6-1955).(ii) after the words temburni leaves, insert , rosha grass, including oil derived therefrom, rauwolfia serpentina.Maharashtra Act 27 of 1968, Section 2 (w.e.f. 28-8-1968).[Tripura].- In Cl. (4),(i) in sub-Cl. (a), for the words and myrobolams, substitute myrobolams, gum, sal seeds, sal leaves, kendu leaves, wild animals, skins, tusks, horns and bones, and all other parts of produce of wild animals;(ii) in sub-Cl. (b), in item (iii), the words wild animals and skins tusks, horns and bones and and all other parts or produce of animals shall be omitted.Tripura Act 10 of 1984, Section 3 (w.e.f. 16-3-1985). |
| [Bihar].- In its application to the State of Bihar, for Cl. (4-A), substitute the following clause, namely:(4-A) owner includes(1) the Court of Wards constituted under the Court of Wards Act, 1879, or the Central Provinces Court of Wards Act, 1899, in respect of any property under the superintendence or charge of either of such Courts;(2) a manager appointed under section 2 of the Chota Nagpur Encumbered Estates Act, 1876, in respect of any property, the management of which is vested in such manager.Bihar and Orissa Act 3 of 1934, Section 2 (w.e.f. 24-10-1934).[Gujarat].- In its application to the State of Gujarat, in Section 2, after Cl. (4-A), insert the following clauses, namely:(4-B) Police Officer means a Police Officer as defined in the Bombay Police Act, 1951;(4-C) Revenue Officer means a Revenue Officer as defined in Maharashtra Land Revenue Code, 1966, or where that Code is not in force, as defined in a law corresponding to that Code.Gujarat Act 15 of 1960, Section 6 (w.e.f. 6-12-1960) read with Maharashtra Act 7 of 1985, Section 2.[Maharashtra].- Same as that of Gujarat.SeeMaharashtra Act 6 of 1961, Section 4 (w.e.f. 3-2-1961), as amended by Maharashtra Act 7 of 1985, Section 2 (w.e.f. 1-6-1985). |
| [Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 2,(a) in Cl. (6), the word and occurring at the end shall be omitted;(b) in Cl. (7), for the sign ., the sign and word ;and shall be substituted; and(c) after Cl. (7), as so amended, the following Cl. (8) shall be added, namely:(8) Vehicle means a wheeled conveyance of any description which is capable of being used for movement on land and includes a cart, trolley vehicle and a trailor but does not include bicycle and cattle.H. P. Act 15 of 1991, Section 2 (w.e.f. 24-7-1991).[Tripura].- In Section 2, after Cl. (7), insert the following Cl. (8), namely:(8) wild animals shall have the same meaning as defined in the Wild Life (Protection) Act, 1972. Tripura Act 10 of 1984, Section 3 (w.e.f. 16-3-1985).[Maharashtra].- In Indian Forest Act, 1927, in its application to the State of Maharashtra, in section 2, in clause (7), the words "bamboos, stumps, brushwood and canes" shall be deleted.[Notification No. RB/TC/e-11019(15)(2014)/Notification-3/Bamboo-MFP/741, dated 19.8.2014] |
| [Gujarat].- In its application to the State of Gujarat, after Section 2, insert the following new section, namely:2-A. Construction of certain references to Central or Bombay Acts.In the application of this Act to any area of the State of Gujarat other than the Bombay area, any reference to a provision of a Central or Bombay Act shall, where no such Act is in force in that area, be construed as a reference to the provision of the corresponding law, if any, in force in that area.Gujarat Act 15 of 1960, Section 6 (w.e.f. 6-12-1960).[Maharashtra].- Same as that of Gujarat.SeeMaharashtra Act 6 of 1961, Section 5 (w.e.f. 3-2-1961). |
It appears there's a misunderstanding. The provided information is not a case citation but rather a reference to a section within the Indian Forest Act, 1927. There's no specific court case title, petitioner, respondent, or arguments to summarize. Section 2 of the Indian Forest Act, 1927, deals with the power to reserve forests. Therefore, I can provide information about Section 2 and its general implications but cannot provide a case summary.
Instead, I will provide a general explanation of Section 2 of the Indian Forest Act, 1927, as if it were the subject of inquiry.
Short Summary
Section 2 of the Indian Forest Act, 1927, empowers the State Government to declare any forest land or wasteland, which is the property of the Government, or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled, as a reserved forest. This declaration is contingent upon following a prescribed procedure.
Facts
The Indian Forest Act, 1927, is a comprehensive law consolidating the laws relating to forests, the transit of forest produce, and the duty leviable on timber and other forest produce. Section 2 is a foundational provision granting the State Government the authority to reserve forests. The exercise of this power significantly impacts land use, community rights, and environmental conservation.
Issues
The central issue addressed by Section 2 is the extent and procedure for the State Government's power to declare land as a reserved forest. This raises questions about the balance between state control over natural resources and the rights of individuals and communities dependent on those resources.
"Petitioner's" Arguments (Hypothetical - if challenging the application of Section 2)
Hypothetically, a petitioner challenging the application of Section 2 might argue that the State Government did not follow the prescribed procedure, that the land in question does not fall under the categories specified in the section (i.e., not government property or land where the government has proprietary rights), or that the declaration infringes upon their legally protected rights.
"Respondent's" Arguments (Hypothetical - the State Government)
The State Government would likely argue that it acted within the powers conferred by Section 2, that the land meets the criteria for reservation, and that all procedural requirements were duly followed. They might also assert the importance of reserving forests for environmental protection and sustainable resource management.
Court's Reasoning (Hypothetical - if this were a case)
In a hypothetical case challenging Section 2, the court would likely examine the specific facts, the procedural compliance by the State Government, and the impact of the reservation on the rights of the affected parties. The court would interpret Section 2 in light of constitutional principles, including fundamental rights and directive principles of state policy.
Conclusion
Section 2 of the Indian Forest Act, 1927, grants the State Government significant power to declare reserved forests. The exercise of this power is subject to procedural safeguards and judicial review to ensure fairness and compliance with the law. The section aims to balance state control over forest resources with the rights of individuals and communities.
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