R. K. Upadhyay

Abstract

The author is of the opinion that protecting forests under sole ownership of government in past along with policing approach has not given desired result. Hence protection and regeneration of forest may be tried under co-ownership (joint ownership) of government ,nd village community on experimental basis where JFM is being implemented. On seeing the result of co-ownership, it can be expanded to other areas.

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R. K. Upadhyay

Abstract

For prosecution of Judge/Public Servant who is accused of any offence alleged to have been committed by him while acting or purporting to act in discharge of his official duty, sanction of government is mandatory under Sec 197 Cr.P.C. But when public servant is charged of offences related to bribery (Sec 161 I.P.C.), cheating (abetting to cheat), no sanction is required under Sec. 197 Cr.P.C. The objective of giving protection (immunity) to Judges and Public Servants under Sec. 197 Cr.P.C. is to guard against vexatious proceedings against Judge/ Magistrate/Public Servant. The protection given under Sec. 197 Cr.P.C. is not available for Judge/Magistrate/Public Servant, if the act or omission is not connected with official duty.

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R. K. Upadhyay

Abstract

Changes in level of Inorganic nutrients. Percentage of organic carbon and fungal population during leaf litter decomposition of Eucalyptus globulus Labill. Were studied. Diffiercnt nutrients were found to exhibit variation in their successive release during various stages of decomposition depending upon the nature of the decomposing substrate, rate of decomposition, mobility of the nutrients, and type and extent of activity of microfungi involved.

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R. K. Upadhyay

Abstract

The Government Forest Act, 1865 was the first Central Law with wider applicability enacted in India during British rule and was applicable to Bengal, Assam, North-Western Provinces, Oudh and Punjab, Central Provinces and Bombay. Its preamble was "for better management and preservation offorests" and rights were vested in Her Majesty for the purpose of Government of India. Under this Act, forests were defined in Section (1) as "Government Forests" shall mean such land covered with trees, brushwood or jungle and the ownership of such land shall vest with Government. Since then the status of ownership has not undergQne any major change with reference to status of ownership from 1894 Forest Policy (oldest Forest Policy) to 1988 National Forest Policy (current Forest Policy in force) as the bulk of ownership of forest land remain with Government. But now Forest Policy in India has undergone major changes leading to increased involvement of forest dependent communities in sustainably managing the forest resources on which they depend. Parliament have enacted legislation namely the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006, which recognizes the ownership right on forest land upto 4 ha perfamily. Nowthe important debate is whether India should adopt "Doctrine of Public Trust" theory and manage forest resource by keeping it under Trusteeship under State Control (Government control) or manage it with community under limited contractual agreement (without giving ownership to community e.g. Quasi contract) like joint forest management or shall it recognize ownership right to individual/community. Whether implementation of Scheduled Tribes and Other Traditional Forest Dweller Act (Recognition of Forest Right) Act 2006 (in short Forest Right Act 2006) is againstthe principle of Doctrine of Public Trust Theory?

Keywords

National Forest Policy, Forest Right Act, Forest Ownership, Traditional, Forest Dwellers

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