MISCELLANEOUSCentral

Section 85 of The Indian Forest Act, 1927

Recovery of penalties due under bond.

When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants 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 a breach of the conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land-revenue. STATE AMENDMENTS Maharashtra.-- Amendment of section 85 of Act XVI of 1927.--Section 85 of the Indian Forest Act, 1927, shall be renumbered, as sub-section (1) of that section, and after sub-section (1) so renumbered the following subsection shall be added, namely:-- "(2) If any question arises--

(a)whether there has been a breach of any of the conditions of such bond or instrument,
(b)as to the sum to be paid for such breach,
(c)as to the person or persons liable to pay such sum, the question shall be referred to and, after giving notice to the person concerned and after considering his objections (if any), be decided by an officer, not below the rank of a Divisional Forest Officer, authorized by the Government in this behalf. The person aggrieved by the decision of such officer may, within a period of sixty days from the date of such decision, appeal to the State Government or such other appellate authority as the State Government may appoint in this behalf. The decision of such officer, subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal, shall be final." [Vide Bombay Act X of 1956, s. 2] Amendment of section 85 of Act XVI of 1927.--In sub-section (2) of section 85 of the Indian Forest act, 1927 (XVI of 1927), for the words "Divisional Forest Officer" the words "Sub-Divisional Forest Officer" shall be substituted. [Vide Bombay Act XXVI of 1957, s. 2]

Summary

Focuses on legal agreements where a person promises to do or avoid certain forest acts.
Allows the Government to collect the entire penalty amount listed in a bond if a rule is broken.
Overrides Section 74 of the Indian Contract Act, 1872, which normally limits penalty amounts.
Permits the collection of these penalties as if they were arrears of land revenue.
Applies to bonds signed by individuals, their servants, or their agents.

Practical examples

1Suman signs a bond for 20,000 rupees promising that her workers will not cut young trees. On May 10, 2026, her agent is caught cutting saplings. Under Section 85, the Government can recover the full 20,000 rupees from Suman even if the actual damage was much less.

2A timber company signs an instrument in 2026 agreeing to a 50,000 rupee penalty if they block a forest stream. They block the stream for two days. Under Section 85, the Government recovers the full amount as land revenue without having to prove the specific cost of the blockage.

FAQ

1. Can I pay less than the bond amount if I break a rule under Section 85 of The Indian Forest Act, 1927?

No, Section 85 of The Indian Forest Act, 1927, says the whole sum mentioned in the bond may be recovered, regardless of usual contract law limits.

2. Does Section 85 of The Indian Forest Act, 1927, apply to my employees?

Yes, Section 85 of The Indian Forest Act, 1927, specifically covers acts done by you, your servants, and your agents.

Test yourself

1.Under Section 85 of The Indian Forest Act, 1927, how much of the bond sum can be recovered for a breach?

2.Section 85 of The Indian Forest Act, 1927, says its rules apply regardless of which other law?

3.Under Section 85 of The Indian Forest Act, 1927, bond penalties are recovered using the same method as debts in Section 82, which is?

4.Whose actions can trigger a penalty recovery under Section 85 of The Indian Forest Act, 1927?

84PreviousSection 84 Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894.85ANextSection 85A Saving for rights of Central Government.

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