Govt promulgates ordinance with tough fines to curb forest land encroachment

The government has promulgated a new ordinance imposing stringent financial penalties to curb forest land encroachment and safeguard the country's ecological balance.

The ordinance was issued by the Printing and Publications Branch of the Legislative and Parliamentary Affairs Department of the Ministry of Law, Justice and Parliamentary Affairs yesterday (6 January). 

The ordinance was published in the form of a gazette for public interest, said public relation officer of the ministry.

Under this new ordinance, cutting down protected or prohibited trees without permission will result in a fine of up to Tk1 lakh for individuals and up to Tk3 lakh for organisations.

This ordinance shall be called the "Ordinance, 2026 for Regulating the Use of Forest Land for Non-Forest Purposes, Preventing Encroachment of Forest Land, Ensuring Proper Conservation of Forests and Forest Land, Preventing the Reduction of Forest Land, and Providing for Tree Conservation."

It has been ordered to implement the ordinance immediately.

According to the ordinance, from now on, it has been made mandatory to obtain prior permission from the Divisional Forest Officer (Tree Preservation Officer) for cutting any tree in government or public areas. 

Even in the case of cutting certain species of trees on privately owned land, the procedures prescribed by the Forest Department must be followed.

Emphasising the importance of protecting the environment, it also stated that no natural forest land can now be used for non-forest purposes.

The new law has set the level of punishment according to the type of crime. 

If a tree is cut down on the government-announced 'cutting prohibited' list, the court can fine the offender a maximum of Tk1 lakh under this law.

In addition, a provision has been made for a fine of Tk50,000 for cutting down a listed tree without permission, subject to general permission, and Tk20,000 for damaging a tree by attaching nails or metal objects to it.

If any government or private organisation violates this law, the court has the power to impose a fine of up to Tk3 lakh. 

The ordinance further stated that if any forest land is permitted to be used for non-forest purposes due to national necessity, the concerned authority must ensure "compensatory afforestation" in return.

In addition, the Forest Department has been given special powers to determine forest boundaries, conduct technology-based monitoring and evict encroachers. 

However, special relaxations have been made in some cases. Prior permission will not be required for cutting down privately owned trees that are diseased, dead, fallen in storms, or pose a threat to public safety.

In addition, the Forest Department has been instructed to ensure that the traditional and customary forest rights of small ethnic groups in the Chattogram Hill Tracts are not violated. 

This ordinance will act as a supplement to the Forest Act, 1927.