West Bengal Private Forests Act, 1948 Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Act
Citation	Act 14 of 1948
Year	1948
Jurisdiction	State of West Bengal
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	environment

.,, CONTENTS.

CHAPTER I.

West Bengal Act XIV of 1948 THE WEST BENGAL PRIVATE FDRESTS A:GT, 1948.

}.. . · 9 -- • · -·s"b a g ¢e' +e s PREI. Ill1INARY, Section, !, Q Short title, e:s:tent and commencement.

2, Definitions.

CHAPTER IL CON'SERVAHON" OF PRIVAl'E FORESTS AND AFFORESTATION OF TTASTE-LANDS.

·"'under one working plan.

.!:'reparation of, and appeal and revision in respect of _working plans for privateforests.

Approved working plans.

Prohibition of •leases and e:s:tension of terms ·of existing leases of private forests after issue of notification under section 3(1).

Penalty for the violation of working plan.

Vesting of forest in a Regional Forest-officer.

1,·orest loans.· ·• Amalgamation of two or moru vested for~sts Afforestation of land adjoining a forest, Afforestation of other land.

Apportionment of rents of forests held under a lease jointly with other lands, and the division of the temue or holding comprising a forest.

RRent to be a charge on the lease-hold interest in a vested forest.

Powe1:· to order a rested forest to be formed into a separate estate. .:

Power -to exempt an estate of which a vested forest forms part from sale forarrears of rerenue.

Determination of cost of management of vested forest and distribution of netprofit.

Imposition of cess.

Release of to the owner.

CHAPTER III.

RIGHTS IK FORESTS.

·c01-.b_•ol and demarcation of vested forest.

Aptintment of Forest Settlement-officer.

Ba1:)E::of accrual of rights.

Pro~mation by Forest Settlement-officer.

Inqffiry by Forest Settlement-officer.

24. Porers of Forest Settlement-officer.

25. Specification and modification of rights.

26. Appeals.

27. ~ Plea.ders. ~

28. Extinction of rights.

CHAPTER IV.

PENALTIEsA PROCEDURE.

-. 3.

.6.

10.

11.

12.

13,

14.

15.

16.~ ..

17.

18.

19,

20.

21.

22.

23.

29,

30.

31., ·&82.

Penaltie& for breach of rules. • Imposition of collective fine on the inhabitants in certain Nothing in sub-section (1) of section 29 to proh,ibit acts Seizure of property liable to confiscation.... ..

cases.

done in certain cases.

j ;, ,I The West Bengal Prate Forests Act, 1948.ii 4 ..r $ecjo % '

33.,; Power to release property seized under section 32.

'234. Information the 'Magistrate and procedure thereupon.

55. Notice to claimants oR&a forest-produce.

~- f.'36.. Disposal of unclaimed forest-produc;.•.

gs, 37a.Disposal of, seized property after information has been given under section 34.

•38. Disposal of confiscated property on conclusion of trial.

39 . .Procedure when offender cannot be found.

40. Procedure es-to perishable property seized under section 32.

41. Appeal from orders under section 37 or section 39.

42. Property when to. vest in Government.

43. Saving of power to· release property seized.

44. Punishment for wrongful seizure.

45. Penalty for counterfeiting or defacing marks on trees and timbei' and for altering boundary marks.

46. Power to arrest without warrant.

47. Power to release on a bond a person. arrested.

48. Power to pi·event commission of offence.

49. Power to try offences summarily.

50. Power of Court to order payment of rewards out of fine.

51. Power to compound offences.

52. Onus of proof.

2. ·

CHAPTER V.

55. l'orest-officers deemed publio servants.

56. Indemnity for acts done in good faith.

REGIONAL FoREST-OFFIOERS.

53. Provincial Government may invest Regional Forest-officers with certain powers.

54. Power of officers.

CHAPTER VI.

RULES.

Application of rules made under sections 41 and 42 of the Indian Forest Act;

1927, to transit of forest-produce from private forests.

Power to make rules.57.

58.

59.

60.

61.

62.

63.

64.

CHAPTER VII.

MISCELLANEOUS.

Conservation of forest or afforestation of land at the request of owners.

Recovery of money due to Regional Forest-officer and lien on forest-produce · for such money.

Land required under this Act to be deemed to be needed for a public -purpose under the Land. Acquisition Act, 1894. · .,,.

Powers of the Regional Forest-officer and conTo'i of the Prnvincial Government.

Repeal ad Savings. + Repeal of Bengal Act XI of 1945. •e it- a West Bengal Act XIV of 1948 •THE WEST BENGAL PRIVATE'FORESTS AGT, 1948.;<A [Passed by the We"'st Bengal, Legislatm·e.}· %.

[Assent of the Governor-General was first published in the Calcutta• Gazette, Extmo1·dvnary, of the 23rd April, 1948.]

, An Adt. to provide for the conservation of private forests gnd for the afforestation in certain cases of waste-lands vn West Bengal. ..4 WHEREAS it is expedient to provide forthe conservation of forests and £or the afforestation of waste-lands in West Bengal where such forests or lands are not the property of the Crown or where the Crown has no proprietary right over such forests or lands;

It is hereby enacted as follows:

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the West Bengal Private Short Forests Act, 1948. , . title, •·-. $: extent and

(2) It extends to the whole of West Bengal. commence

(3) This section shall come into force at once and the ment."''.'1>.;.

remaining provisions of this Act, in whole or in part, shall come into force in such areas and on such dates as the Provincial Government may, by notification, specify and for this purpose different dates may be specified for different.

provisions of this Act and for different areas. · ·,

2. In this Act, unless there is anything repugnant in Definitions the subject or context,-

(1) "Appellate Committee" means a.committee the procedure of which shall be as prescribed, appointed by the Provincial Government in respect of a- notified area to- hear appeals under this Act consisting of three members of whom the Chairman . shall be a Revenue Officer not below the rank of a Collector, one member shall • be a member of the Indian Forest Service or the..:

West Bengal Forest Service not below the rank. <. of a Deputy Conservator of Forests and the other member shall be an owner of a private forest who shall be selected in the prescribed manner from amongst the owners of private forests in . flUCh notified area;

(2) "cattle" includes elephants, camels, jJ;mffaloes, horses, mares, geldings, ponies, colts, :fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kicls; • ·

(3) 'conservation'', used in reference to a forest, includes such measures as are necessary 1n the opinion of the Regional Forest-officer £or. the prevention or remedying of the erosion of the soil or any flood or landslide;'

(4) 'Controlled forest" means a forest in respect of which a working plan has been approved under ·sub-section (Z) of segtion 4;

The West Bengal:Private' Forests Act, 1948.

[ West Bengal Act ·(Chapter I.Preliminary.Section 2.)

(5) 'forest'' includes .any land recorded as forest in a record f rights prepared- under Chapter K of the Bengal 'Tenancy Act, 1885; . VII of

(6) ''forest-offence'' means an offence punishable under 1885.

this .A.ct or under any rule made thereunder;

(7) ''Forest-officer'·' means any person whom the Provincial Government or any officer empowered by the Provincial Government in this behalf,' may appoint to carry out all or • any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer;

(8) ·"forest-produce" includes-

(a) the following whether found in; or brought from, a forest or not, that is to say: -

(i) timber, charcoal, caoutchouc, catechu, wooc. oil, resin, natural varnish, bark, lac, malua flowers, maha seeds, kuth and myrabolams, and

(ii) wild ·animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and () the following when fo1.rnd in, or brought from, a forest, that is to say: -

(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbe£ore mentioned, of trees, · • ¢

(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, and

(iii) peat, surface soil,. rock and minerals (includ ing lime-stone, laterite, mineral oils, and all products .a£ mines _or quarries);

(9) "Forest Settlement-officer" means an officer, who shall ordinarily be a Revenue Officer, appointed 'by the Provincial Government to perform. the functions of a Forest Settlement-officer under this .A.ct and includes a Board, the procedure of which shall be as prescribed, appointed bv the Provincial Government to perform such func tions, consisting of not more than three officers of whom at least two shall be Rerenue Ofcers;

(10) "notification" means a notification published in the Official Gazette;

(11) ''notifed area'' means an area specified in a noti fication issued· under sub-section (Z) of section 3;

(12) ."owner" includes any mortgagee in possession, lessee, common manager, receiver appointed by a competent 'Court and any person holding any property in trust and also includes a Court cf Wards in respect of property under the superin tendence or charge of such Court;.

The 'West Bengal Private Forests Act, 1948. 3 XIV o1 1948.1 (Chapter II.-Consevation of Prate Forests and Affore station of Waste-lands.-Section 3.)

(13) "prescribed" means prescribed by under this Aet;

rules made

(17) (Z6) '• 2 ;

I 1 -i I,.

3 7 .3 i 1 ' . .4.

"river" includes any .stream, canal, creek or other channel, natural or artificial;

'timber'' includes trees when they haye £all.e11 or have· been felled, and all wood whether cut up, or fashioned or hollowed out £or any purpose or not;

(18) "tree" includes palms, bamboos, stumps, brush wood and canes;

Prepara• tion of, and appeal and re vision in respect of work ing plans

(2) On the expiry of the period mentioned in the noti- }or: private fl.cation under sub-section (), the Regional Forest-officer. ore st s.

shall, a£ter considering each working plan submitted to him uncler that sub-section, ancl after consultation in the manner prescribecl with the Conservator of Rorests of the forest circle within which such forest is situated, by an order in writing, accept the. working plan or modify it in such manner as he may consider necessary or substitute another working plan for it.

"vested forest" means a forest of which the control has been vested in a Regional Forest officer by a notification under sub-section (2) of section 6 or under section 7 or under section 11 and includes any forest deemed to be, or managed as, a vested forest under this .A.ct;

(20) "waste-land'' means any waste-land which is not the property of the Crown or over which the Crown has no proprietary right;

(21) "working plan" means a written scheme £or the management and treatment of a forest; and ·

(22) ''year'' means a year beginning on the 1st day of · .April. ·

CHAPTER II.

CONSERVATION OF PRIVATE FORESTS AND AFFORESTATION 01' WASTE-LANDS.

(14) "private forest" means a forest which is not the property of the Crown or over which the · Crown has no proprietary right;

(1,5) "Re·gional Forest-officer" means a Forest-offic.!:)r appointed by the Provincial Government as such· by a notification- for a notified area;

3, (1) The Provincial Government may, by notification, direct that every owner of a private forest which is not a vested forest, but which is situated within such area as may be specified in the notification, shall prepare in the prescribed manner ancl submit within· the period mentioned in the notification to the Regional Forest-officer a working • plan £or the conservation of such private forest.

l 4 The West Bengal Private Forests Act, 1948.

[ West Bengal At (Chapten II.Conservation of Private Forests and Afforesta . tion of Waste-lands.-Section 4.)

(3) If any owner of such private forest does not submiit a orking plan within the period specifed in the notifca tion issued under sub-section (), the Regional Forest-officer may, after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, prepare a working plan in respect of such forest.

(4) When the Regional . F.orest-officer by an order 1n writing modifes any working plan under sub-section (2) or substitutes another working plan under ·that sub-section for the working plan submitted under sub-section (Z), he shall cause a copy of such order to be served in the prescribed manner upon the.owner of such private forest to which such working plan relates· and such owner may, within sixty days of the date of service of such order, appeal against .such order to the Appellate Committee and the Appellate - Committee may thereupon, . after giving such owner an opportunity of being heard, by an order in writing, either accept the working plan ith or without modifications or reject it and the decision of the Appellate Committee on every such appeal shall, subject to the provisions of sub section (5), be final:-

(5) The Board of Revenue may, on application by an owner of a private forest for revision of an order of the Appellate Committee passed in appeal under sub-section (4), and if such application is made within thirty days from the date of the order, call for the record of the appeal in which the order was passed and on receipt of such record, after giving such owner an opportunity of being heard, may, if it does not see fit to reject the application, direct · the "Appellate Committee by an order in writing to make such modifications in the working plan accepted by the said Committee under sub-section (4) as may be specified 1n such order in writing.

(6) The Board of Revenue shall, as soon as may be after an application for revision is disposed of under sub-section

(5), communicate the order passed by it on such applica tion to the 'Appellate Committee, and on receipt of such order the Appellate Committee shall, where the Board of Revenue has directed any modification to be made in such working· plan, modify it accordingly.

Approved working plans.

4. (1) When the Appellate Committee accepts any working plan •with or without modification under sub section (4) of section 3, or modifies any working plan under sub-section (6) of the said section, or the Regional Forest officer accepts, modifies· or substitutes any working plan under the said section, or prepares any working plan under the said section, such Committee or officer shall by an order in writing approve such working plan OT the working plan as so modified by the Committee or such officer, as the case The West Bengal Prate Forests Act, 1948. 5 XIV of 1948.1 (Chapter II.-Conservation of Private Forests and Afforesta tion of Waste-la.nds.-Section 4.)

where an application for revision of the order has been made to the Board of Revenue, the order of the Board of Revenue on such application has not been received by such Committee; or () where no such a.pplication for revision has been made, the time within which such application may be made has not expired.

(2) A copy of every approved working plan shall be sent in the prescribed manner by the Regional Forest officer to the owner of the private forest to which it relates and the owner shall thereupon manage such forest in accordance with such plan and shall carry out all the terms and conditions thereof.

(3) At any time after five years from the date of approval of a working plan under sub-section (Z), or with the previous sanction of the Provincial Government at any time within the.

said period of five years, a Regional Forest-offer may, after consultation in the manner prescribed with the Conservator of :Forests of the forest circle within which the forest to which such working plan relates is situated, by an order in writing, modify the approved working plan in such manner as he con siders necessary and the provisions of sub-sections (4), (5) and (6) of section 3 and sub-sections (1) and (2) of this section shall apply to every plan so modified:

Provided that nothing in this section shall prevent tho owner after the expiry of the said period of five years from applying in writing to the Regional Forest-ofRcer for the modification of the working plan in such manner as may be specified in the application and if the Regional Forest-officer, after giving the owner an opportunity of being heard, does not see fit after such consultation. as aforesaid so to modify the working plan, he shall record an order to that effect and the owner may within thirty clays from the date of such order appeal against such order to the Appellate Committee and an application for revision shall also lie to the Board of Revenue from any order passed by the Appellate Committee on such appeal if presented within thirty days from the date of such order and the decision of the Appellate Committee on such appeal shall, subject to such revision by the Board of Revenue, be final.

may be, and every working plan so approved shall be deemed for the purposes of this Act to be an approved working plan :

Provided that the Regional Forest-officer shall not so approve any working plan that he has modified or substi tuted by an order under sub-section (2) of section 8 if,

(a) an appeal against the order has been made to the Appellate Committee; or

(b) where no such appeal has been made, the time within which such appeal may be made has not expired:

Provided further that the Appellate Committee shall not so approve any working plan accepted by it with or without modification by an order under sub-section (d) of section & if,

(a) Prohibi tion of leases and extension of terms of exist ing leases of private forests after issue of notifica tion under section 3 (1).

Penalty for the violation of work ing plan.

6 The West Bengal Private Forests Act, 1948.

[ West Bengal Act (Chapter II.Conservation of Private Forests and Afforest ation of Waste-lands.Sections 5, 6.) · 5, After the publication of a notification under sub section (1) of section 8, no owner of a private forest in the notified area shall enter into any new lease or extend the term of any existing lease in respect of such forest until the work ing plan in respect of such forest has been approved under sub-section (1) 0£ section 4 except with the previous sanction of the Provincial Government and, after such working plan has been so approved, except in accordance with the terms ancl conditions of such plan and any lease entered into or any extension of the term of any lease granted in contravention of the provisions of this section shall, notwithstanding any thing contained in any other law for the time being in force, be void and have no effect. '

6. (1) I after an approved working plan in respect of any private forest has been sent uncler sub-section (2) of sec tion 4 to the owner of such forest, such owner fails or neglects to carry out any of the terms and conditions of such plan, he shall be punishable with fine which may extend to five hundred rupees:

Provided that no prosecution shall be instituted under this sub-section unless the Regional ]'orest-officer has served in the prescribed manner a notice on such owner specifying the terms and conditions of the working- plan which such owner has failed or neglected to carry out and requiring such owner to take such steps for carrying them out as are speci fed in the notice within thirty days from the date of service of such notice and unless such owner has failed to comply with such notice.

(2) I the owner of a private forest is convicted a second or subsequent time .under suJb-section (1) for the failure or neglect to carry out any of the tems and conditions of the working plan in respect of such forest, the Provincial Gov erent may, by a notification, direct that the control of such forest shall be vested in such Regional Forest-officer for such period as may be specified in such notification :

Provided that no such notification shall be issued until such owner has been called upon by notice in writing by the Regional Forest-officer within sixty days of such conviction to show cause before the Appellate Committee within such time as may be specified in the notice as to why such noti fication should not be issued and until the Appellate Com mittee, after considering the cause, if any, shown by him and any evidence which he may produce in support thereof, has recommended to the Provincial Government that such noti fcation should be issued.

(3) Nothing in sub-section (/) shall render any owner of any private forest liable to conviction,for any deviation from any approved working plan if sudh deviation has been previously sanctioned by the Regional Forest-officer on appli cation made by such owner in that behalf to such officer or by the Appellate Committee on an appeal from an oi·der of the Regional _Forest-officer refusing to sanction such devia tion presented by the owner to such committee within thirty days from the date of such order.

J The West Bengal Prate Forests Act, 1948. 7 XIV of 1948.]

(Chapter II-Conservation of Private Forests and afforst ation of Waste-lands.Sections ?7, 8.)

7. Notwithstanding anything contained 1n sections 3 and 4 or in sub-section (2) of section 6, if the Provincial Government is satisfied that the conservation of any private forest in a notified area should not be left to the owner there of, the Provincial Government may, by a notification specifying the reasons for so doing, direct that the control of such forest shall be vested in such Regional Forest-officer for such period as may be specified in the notification :

Provided that no such notification shall be issued until,

(a) the Regional Forest-officer has, by notice in writing, called upon the owner of such forest to show cause before the Appellate Committee within such period as may be specified in such notice why the control of such forest should not be so vested, and () the Appellate Committee after considering the cause, if any, shown by the owner and any evidence which the owner may produce in support of the same has recommended that such notification should be issued.

8, (1) Subject to rules made under this ,A.ct, loans may be granted on the recommendation of the Appellate Gom mittee by such officer as may be empowered in this behalf by the Provincial Government to any owner of a controlled forest or of a vested forest who, in the opinion of the Appellate Committee, is likely to suffer unduly owing to any rary reduction of his income resulting from any action n under section 4 or sub-section (2) of section 6 or section r to any owner of a controlled forest to enable such owner pay any compensation payable by him under sub-section ) of section 10 or sub-section (2) of section 25.

(2) An application for such a.loan shall be made in e prescribed manner to the Appellate Committee and shall ate the following particulars, namely :

(a) the amount of the loan required,

(b) the reasons for which it is necessary, and

(3) After considering in the prescribed manner the appli ion made under sub-section (2) and any evidence that may produced in support thereof, the Appellate Committee all state in writing its opinion as to whether or not a loan ould be given, and, if it recommends the grant of a loan, all forward the application to the officer empowered under uh-section (1) with its opinion, stating the reasons for such recommendation and specifying the following particulars, namely :

(a) the amount of the loan that should be granted and the rate of the interest that should be charged,

(b) the instalments in which the loan should be ad vanced, and

Forest loans.

Vesting of forest in a Regional Forest officer.

8 The West Bengal Private Forests Act, 1948.

[ West Bengal Act (Chapter 1I.-Conservation of Private Forests and Afforest ation of Waste-lands.-Sections 9, 10.)

(4) Subject to rules made under this A.ct, all loans granted under sub-section (Z), all interests, if any, chargeable thereon and costs, if any, incurred in granting such loans shall, when they become clue, be recoverable by the Collector as if they were arrears of land revenue clue in respect of the con trolled forest or the vested forest of which the borrower was the owner at the time· the loan was granted:

Provided that no proceeding in respect of any such forest under this sub-section shall affect any interest in that forest which existed before the date of the order granting the loan other than the interest of the borrower and of mortgagees of, or pel'Sons having charges on, the interest of theborrower.

9. (1) 1, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within which the forests are situated, a Regional Forest-officer is of the opinion that it is impossible otherwise to secure the con servation of two or more forests, belonging to different.

owners, of which the control has been vested in him by a notification under sub-section (2) of section 6 or under section 7, he may record an order that such forests shall be managed under one working plan as if they belonged to one owner, and shall cause a copy of such order to be served in the prescribed manner on the owner of each such forest.

(2) The Regional Forest-officer may at any time, after consultation in the manner referred to in sub-section (Z), by order in writing rescind or modify an order passed by him under that sub-section and a copy of every order passed under this sub-section shall be served in the prescribed manner on . the owner of each such forest.

Amalga mation of two or more vested forests under one working plan.

Afforesta tion of land ad joining a forest.

(3) Any owner or other person interested in any such forests may, within thirty days from the date on which the copy of any ordei· passed under sub-section (1) or sub-section

(2) is served on him, appeal against such order to the Appel late Committee and the decision of the Appellate Committee on such appeal shail, subject to the provisions of sub-section(4), be final.

(4) The Board of Revenue may, on application made within thirty days from the date of any order of the Appel late Committee passed in appeal under sub-section (3),revise such order.

10, (1) The Provincial Government may, if it is satisfied on application made by the owner of a controlled forest, or by the Regional Forest-offiper in whom the control of a private forest is vested under this Act, that any land adjoin ing such forest has not been cultivated during the three years immediately preceding the year in which such application is made and that such land is suitable for afforestation, by notification, announce its intention to declare such land to.

be liable to be made over to the owner of such controlled forest or vested forest, as the case may be.

The West Bengal Private Forests Act, 1948.° 9 XIV or 1948.1 " (Chapter II.Conservation of Private Forests and ·Afforest ation of Waste-lands.Section 10.)

(2) Every notification issued under sub-section (1) shall specify a period within which objections to the proposed declaration may be submitted by any person interested in such land to the Appellate Committee and a copy of every such notification shall be served in the ·prescribed manner on the person entitled to cultivate such land.

' (3) After the expiry of the period so specified in a noti fication issued under sub-section (1), the Appellate Com mittee shall hear the objections, if any, submitted by the person entitled to cultivate 'Such land or any other person interested in such land and any evidence which any such person may produce in support of the same and forward the objections so submitted and its opinion thereon to the Provincial Government.

declaring such land to be liable to be made over to the oner of such forest to be specified in the .

notification, ' 2f specifying as nearly as possible the situation and limits of such land, a.nd '

(b)

(a)

(4) I£, after considering the objections and the opinion of the Appellate Committee forwarded under sub-section (3), the Provincial Government is of opinion that such land should be declared' to be liable to be made over to the owner of the controlled or vested forest referred to in sub-section '

(1), the Provincial Government 'Shall issue a notification-

(c) appointing a Forest Settlement-officer to determine, subject to any rules made under this Act, by an order in writing,-

(i) what rights in or over such land shall be extin guished, and

(ii) what rent, if any, shall be payable by the owner of such forest to any landlord of such land.

(5) When a notification has been issued under S:ub.-section

(4), the amount of the compensation payable under sub-section

(6) to every person whose rights as specified by the Forest Settlement-officer under sub-clause (i) of clause (c) of sub section (4) are to be extinguished shall be determined, sub ject to any rules made under this Act, in the manner and in accordance with the principles hereinafter set out, that is to say-

(i) when the amount of compensation can be fired by the Forest Settlement-officer appointed · under clause (c) of sub-section (4) by agreement, it shall be paid in accordance with such agreement;

(ii) where no such agreement can be reached, the Provin cial Government shall appoint as arbitrator a.

person who has exercised the powers of a District Judge in YVest Bengal or who J'ssesses such IO The West Bengal Private Forests Act, 1948.

• [ West Bengal Act (Chapter II.-Conservation of Private Forests and Afforest - ation of Waste-lands.Section 10.) .

(iii) . (iv) () qualifications as are normally required for appointment to the post of District Judge in West Bengal;

at the commencement of the proceedings before the · arbitrator the owner of the forest, or the Regional Forest-officer by whom the compensation is pay able, and the person to be compensated shall state bat in their respective opinions is a fair amount of compensation;

the arbitrator in making his award shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as the same can be made applicable;

an appeal shall lie to the High Court against an ·• award of an arbitrator except in cases where the amount thereof does not exceed an amount pres cribed in this behalf;

1 of 1894.

save as provided in· this sub-section and in any rules made under this Act, nothing in any law for the time being in force shall apply to arbi-t.rations · under this sub-section.

(6) The amount of compensation determined under sub section (5) shall be paid in the prescribed manner, in the case mhege the notification under sub-section (1) waA issued on the application of the owner of a controlled £o.l'est, by such owner, and in the case where such notification was issued on the application of a Regional Forest-officer, by such officer out of the profits of- the vested forest adjoining such ·land, to the person entitled to such compensation and, on payment of such compensation, the land shall be made orer by the Forest Settlement-officer appointed under clause

(c) of sub-section (4) to the owner of the controlled or .vested forest specified in the notifoation issued under that sub section and shall thereupon vest m such owner and all rghts in or over such land specified by the said officer under sub- · clause (i) of the said clause shall with effect from the date on which such land is so made over be extinguished.

(7) Whe, any land is made over under sub-section (6) to the owner of a forest, it shall, with effect from the elate on· which it is so made over, be deemed to be a private forest.

(8) When any such land is made over under'sub-section

(6) to the oner of a vested forest which adjoins·such land, the control of such land shall be vested in the Regional Forest-officer in whom the control of such forest is for the time being vested and the land shall, for the purposes of this Act, be deemed to be a vested forest.

(9) When any such land is made over under sub-section

(6) to the owner of a controlled forest which adjoins such land, ' the Regional Forest-officer may, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within hich such controlled' forest is The West Bengal Private Forests Act, 1948. 1i XIV of 1948.]

(Chapter II.-Conservation of Private Forests and Afforestation of Waste-lads.Section 11.)

situated, by an order in writing, a copy of which shall be served on such owner in the prescribed manner, either direct that the approved working plan in respect of such controlled forest shall be deemed to be the working plan approved for such laud under sub-section (1) of section 4 or require such owner to prepare in the prescribed manner and submit with in the period to be mentioned in such order to such officer a working plan in respect of such land.

(10) Where the owner of a 6trolled forest is required under sub-section (9) to prepare and submit a working plan in respect of the land made over to him under sub-section (6), the provisions of sections 3 and 4 shall· apply to such. working plan as if such. owner has been required to prepare such work ing plapp under sub-section (Z) of section 3.

,4. lfjg it appears from the report of a Regional For.est-officer that• any waste-land . which is lying unculti vated for not less than three years is suitable for afforestation and that the owner of such land is unwilling or unable to cultivate it by growing therein agricultural crops, or to use it for the purposes of horticulture to the satisfaction of such officer or to afforest it, the Provincial Government may, by a notification, clirect that the control of such land shall be vested in a Regional Forest-officer to be specified in the noti Rcation for the purpose of afforestation for such period as may be stated in the poti~cation:

Provided that the Provincial Government shall not issue any notification under this sub-section without considering whether or not sch land can more advantageously be used for the purposes pf agriculture or horticulture than for the purposes of afforestation;

Provided further that no such notification shall be pub lished until a notice· has been issued by such. Regional Forest officer calling upon the owner of such land and any other person interested therein to show cause before the Appellate Committee within such period as. may oe specified in the notice why the HOtificati.on should not be published and until the cause, if any, shorn and any evidence that may have been produced in support of the·sanie before the Appellate Coittee and the opinion of the Appellate Committee thereon have been considered by the Provincial Government.

Affore station of other land.

(2) Any land in respect of which a noti:ficatio11 has been published under sub-section (1)" shall be deemed to be a vesterl forest for the purposes of this Act.

(3) When all e:s:penses iue1irrecl by the Provincial Gov ernment for the afforestation of any such laid hare been recouped, the profits resulting from such afforestation shall, during the period the control of such land remains vested in a Regional Forest-office~ be divided in equal shares between the Provincial Government and the owner of the land.

..·, t 12 The West Bengal Private Forests Act,1948.

[ West Bengal Act (Chapter II.Conservation of Private Forests and Afforest ation of Waste-lands.Sections 12, 13.)

j2. (I) Notwithstanding anything confained in any other law for the time being in force, where a private forest or any waste-land is, at the date of publication of a notifca tion vesting the control thereof in a Regional Forest-officer under sub-section (2) of section 6 or under section 7 or under section 11, as the case may be,

(a) held unde:z: a lease granted by the owner of such forest or land before the date of publication of such notification, and such lease comprises not only the areas included in such forest or land but also other areas, or () held by the owner of such forest or land as part of a tenure or holding jointly with other lands, the Collector of the district may, on application made in this behalf by such Regional Forest-officer,-

(i) i the case referred to in clause (a), by an order in writing, apportion, subject to rules made under this Act, the rent payable under the lease between the areas included within the vested forest and other areas comprised within the lease on the basis of their respective assets,and

(ii) in the case referred to in clause (b), by an order in writing direct the division of such tenure or hold ing in such manner that a separate tenure or holding is formed with the lands included with in the vested forest and also direct such distri bution of the rent payable in respect of such tenure or holding 'between the two separate tenures or holdings so formed as he deems fair and equitable:

Provided that no order shall be passed under this sub section without giving, in the case of an order passed under clause (i) the lessor and the lessee of such forest. or land, and in the case of an order passed under clause (ii) the owner of such forest or land and the landlord or landlords, .or their common agent, if any, of the tenure or holding, a reasonable opportunity of being heard.

(2) An appeal shall lie from every order passed under sub-section (Z) to the Commissioner of the Division if it is presented within thirty days from the date of such order and the decision of the Commissioner on such appeal shall be final and shall not be questioned in any Court.

Eaplanation.In this section, "lease'', "lessor'' and "lessee" have the same meanings as in the Transfer of Property Act 1882 and "tenure" and "holdino' have the. IV of same meanings as i the Bengal Tenancy Aet,fss. {%%,

1885.13. Where a private forest or waste-land of which the control has been vested in a Regional Forest-officer by a.

notification under sub-section (2) of section 6 or under section 7 or under section 11 is, at the date of publication of such notification, held either exclusively or jointly with other property under a lease granted by the owner of such . forest or land before such date, the rent payable under the Appor tionment ., of rents of forests held under a lease jointly with other lends and tho divi sion of the tenure or holding compris ing a forest.

Rent to be a charge on the lease hold in terest in a vested forest.

• Daer mm.at1on of cost of man a.gement of vested forest and distri bution of net profit.

Power to exempt an estate of which a vested forest forms part from sale for arrears of revenue.

'Porer to order a vested forest to be formed into a separate estate.·

(2) The cost of the operations of any Forest Settlement officer and such part of the cost of a Regional Forest-officer and of his staff as is proportionate to the work clone by them in connection with the management of a vested forest shall be included in the cost of management~

(3) Any amount due in respect of a loan made under section 8 to the owner of a vested forest shall be included in the cost of management of such forest.

(4) Any amount paid as compensation_by he Regional Forest-officer under sub-sect1on (6) of sect1on 10 out:of the% .

profits of a vested forest or paid as compensation by the • Regional Forest-officer under sub-section (2) of section 25, and to be recouped under that sub-section from the profits of a vested forest, shall be included m the cost of manage ment of such forest.

The West Bengal Prate Forests Act, 1948. 13 XIV of 1948.]

(Chapter II.Conservation of Private Forests and Afforest ation of Waste-lands.Sections 1416.)

lease or under an order of apportionment made under clause

(i) of sub-section (1) of section 12 in respect of such forest or land during the period such forest or land remains so vested in the Regional :Forest-:-oflicer shall, subject to the prior payment of the land-revenue, if any, due to the Government thereupon, be a first charge upon the leasehold interest in such forest created by such lease.

14. The Provincial Government may, if it. thinks it ex pedient, direct the Collector to partition off that part of an estate which comprises a vested forest info a separate estate;

and the demand in respect of land-revenue and cess for which the original estate was liable shall on such partition be assessed upon and divided between the two separate estates so formed respectively iu such manner as the Provincial Government may direct.

15. The Provincial Government may, if it so considers expedient, by a notification, exempt any estate, and subject to the provisions of section 14' of the Bengal Land-revenue Sales Act, 1859, every share or part of an estate for which a separate account has been opened, under section 10, or section ll of the said Act, or under section 70 of the Ia.nd Registration Act, 1876, of which a vest.eel forest forms part, from sale for arrears of Government revenue accruing during the period the control of such forest rem ains vested in a Regional Forest-officer under sub-section (2) of section 6 or under section 7 or under section 11 or during such part ef such period as may be specified in such notification :

Provided that where any such estate, share or part is so exempted, all such arrears of revenue shall be the first charge upon the sale-proceeds of such estate, share or part which may be sold otherwise than for such arrears of revenue.

- 16. (1) The cost of any extra staff required for the management of a vested forest in each gar shall be deter mined in the prescribed manner by the· Regional Forest officer and shall be recovered by him in that year, or in subsequent years, from the sale of the forest produce of such forest.

Ben. Act VII of

1876.

XI of

1859.

14 The West Bengal Prate Forests Act, 1948.

4 !

Imposi tion of cess.

Release of vested forest to the owner.

[ West Bengal Act (Chapter Il.Conservation of Private Forests and Afforest ation of Waste-lands.Sections 17, 18.)

(5) Until otherwise determined by a competent Co:urt, the respective shares of the owners of a vested forest shall be determined by a Forest Settlement-officer in the prescribed "manner, and thereafter, the net profits in respect of such forest, which shall be calculatNl in the prescribed manner, shall be distributed among the various owners thereof in pro portion to their respective shares as so determined.

(6) I each year the Regional Forest-officer shall record in a statement the cost of management with which each vested forest shall be charged and any amount which shall be paid in respect of the net profits calculated under sub-sec tion (6) ad shall cause a copy of such statement to be served in the prescribed manner on the. owner of such forest.

17. (1) The Provincial Government may impose in the prescribed manner on an acreage basis a cess on all private forests within a notified area with effect from such date, not being· before the expiry of ten years from the date of publi cation of a notifiGation under section 3, as the said Govern ment may appoint.

(2) Such cess shall be so calculated as to yield a sum not greater than that which is sufficient to meet the cost of the H,egional Forest-oflicer and his staff, including any expenses incurred in connection with their work to be determined in he prescribed manner.

(3) I£ the Regional Forest-officer or his staff does any work in connection with a Government forest, a proportionate deduction shall be made from the cost of such· Regional :Forest-officer and 0£ his staff before the cess is cal:culated under sub-section (2).

(4) Ivery cess imposea'aer sub-section (1) shall be recoverable as a public demand under the Bengal Public Beu. Act Demands Recovery .A.ct, 1913. · III of

1913.

18. (1) If the owner of a vested forest satisfies the Appellate Committeea aa R, ue after the expiry of fifteen years from the date of the notification by which the control of such forest has 'been yested in a Regional Forestofficer, that- ' ~

(i) the control of such forest may be restored to him without undue risk of detriment to its con servation, and

(ii) the cost of its ,anagement, a#determined under the provisions of sub-section (1) of section 1G has been recovered in full, or ' (5} The Provincial Government'may, by general or special order, exempt any private forest in a notified area from the payment of any cess imposed under sub-section (l'j or of any portion of such cess for such period as may be specified in such order. · The West Bengal Prate Forests Act, 1948. 15 XIV of 1948.]

(Chapter II.Conservation of Private Forests and Afforest ation of Waste-lands.Chapter III.Raglts n Forests.

-Section 19.)

at any time after the expiry of thirty years from the date of such notification, that the cost of management of such forest as determined under the provisions of that sub-section has been recovered, the .Appellate Committee shall by order direct that with effect from a date, to be specified in such order, the control of such forest shall cease to be vested in the Regional Forest officer:

Provided that no such order shall be made in the case 'of any forest, whether any working plan in respect of such forest has been previoli.sly approved under section 4 or not, until-

(a) the Appellate Committee has iby an order called upon the owner of such forest to prepare in the pres cribed manner and to submit within such period as may be specified in such order to the Regional Forest-officer a working plan in respect of such forest, and

(b) a working plan has been approved in respect of such forest in accordance with the provisions referred to in sub-section (2}:

Provided further that no such order shall be passed regarding a forest in respect of which there subsists an order passed under sub-section (Z) of section 9, unless the owners of all the forests, in respect of which the order under the said sub-section was passed, have satisfied the Appellate Committee that there will be no undue risk of detriment to the conservation of any of such forests if the control of the said forest ceases to be vested in the Regional Forest-officer.

(2) When the owner of a forest has been required under the first proviso to sub-section (1) to prepare and submit a working plan in respect of such forest, the provisions of sections 3 and 4 shall apply to such working plan as if such owner has been required to prepare such working plan under sub-section (1) 0£ section 3.

(3) The fact that the control of any forest has ceased to be vested in a Regional Forest-officer shall not operate to revive any right which may have been extinguished or modified by a proclamation under section 28.

CHAPTER III.

RIGHTS IN FORESTS.

19. When a notification has been published in respect of any forest under sub-section (2) of section 6 or under section 7 or under section 11, the control of such forest shall be vested in the Regional Forest-officer, who shall forthwith proceed to demarcate it.

Control and demar cation of vested forest.

(b) Bar of accrual of rights.

Proclam.

ation by Forest Settle.

· ment officer.

t i &6 l° The West Beal Proate Forests Ace, 1opg [ West Bengal ActChoter 1II.--Rights in Forests.-Sections 20g3)Appoint.

lllent of .Forest Settle.

ment officer,

20. (1) A. Forest SettlelUent-office,• shall be appointed by the Provincial Gove,•muent in respect of every, forest of which the control is vested in a Regional Jorest.-oe by a notification under sub-section (2) of section 6 or under section Tor under section 11, and may 1 appointed in respect of any controlled forest on the application lllade in tbis behalf to the Provincial Government by its owner.

(2) Such appoint1Uent shall be made by a notification specifying in su.ch notitlcation, as nearly as may be possible,the situation and limits £ such forest.

21. Mter the issue of a notitlcation under section 20, no, right shal] be acquired in or over the land comprised in such iwtitlcation, except by succession or under grant or contract in writing 1Uade or ente,•ed into, with the previous sanction of the Provincial Governn,ent, by or on behalf of the owner PO" ome person in whom such right as vested mhen 4} notitlcation was issued; and no fresh clearings for cultiva tion or for any other purpose, and cutting, conversion or Gmoval of timber or the collection, manufacture or ±em, of other forest-produce, shall be. made in such land except in accordance with such rules, if any, as may be made bythe Provincial · Government in this LL,

22. (1) The Forest Settlement-ofcer GI,q publish in the neighbourhood of the forest in respect of which he has been %Pointed, a proclamation in Bengali and, if any oA language has been prescfiOed in this behalf for the local area in which such forest is situated, also in such otherlanguage-

(a) specifying-, as nearly as possible, the situation andlimits of such forest;

, (b) explaining the lUeasures proposed for, aud the con, sequences which will ensue on, the conservationof s:uch forest; and

(c) requiring every person who claims any right, other than a 1'ight of ownership, over such forest or over any forest-produce from such forest, to give to such Forest Settlement-officer; within a period of not less than three months to be stated in the • proclamation, parficula,•s, either in writing °' hy word of mouth, of such right and the amount and nature of the conipensation, if any, claimed in,respect thereof.

i2) The Forest Settle1Uent-officer shall . take down in writing all statement, lUade by word of mouth under clause(c) of sub-section (1). · · • · .

2%. (1)"The Forest Settlement-omicer shall at son venient place inquire into the >xistence of any rig-hte which are clailUed under clause (c) of sub-section (1) of section 9g or which may be ascertained by him fro any other sou.

?) The Forest Settlement-officer shall give ahe±A the . · Regional Forest-ocer _ or an of7eer authored 1 ~ Regional Forest-officer 1 rtung, 1 thus behalf, to sag hiniself as to the neoessity of modifying or extinguishing any right in the interests of the cons,;rvation of• the forest.

Inquiry by Forest • Settle.

ment officer.

The West Bengal Private Rorests Act, '1948. 17 XIV of 1948.]

(Chapter III.Rights in Forests.-Sections 2426.)

Powers of Forest Settle ment officer.power to enter, by himself or by any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same;

and () the powers of a Civil Court 'in the trial of suits.

24. For the purpose of such inquiry, the Forest Settle ment-officer may exercise the following .powers, that is to say:.

(a) •

25. (I)·After completion of the inquiry under section 23, see1 the Forest Settlement-officer shall, by an order in writing. cation and

(a) record the nature of the rights existing at the time of 2;

the notification under section 20, and rights.

(b) direct the modification or extinction of any such right, other than a right of ownership, in the interests of the conservation of the forest.

'(2) When the Forest Settlement-officer directs under clause (b) of ,sub-section (1) the modification or extinction of any right, he shall, unless the person whose rights are affected has· come to an agreement as to the amount of compensation payable to him, determine what compensation shall be awarded to such person, and the amount of any compensation payable under this sci-section to any such per-son shall be paid in the prescribed manner, in the case where the forest to which such right relates is a controlled forest, by the owner of such forest, and in the case where such forest is a vested forest, by the Regional Forest-officer in whom the control of such forest is vested under this Act and every payment so made 1y the Regional Forest-officer shall be recouped from the profits of the vested forest to which such right relates as part of the cost of management of such forest.

26, (1) An appeal may be presented against any order Appeals. · made under section 25 within ninety days from the elate of such order to the Commissioner of the Division by an owner of a forest or by a Regional Forest-officer or by any person who has given particulars of his claims under sub-section (1) of section 22.

(2) Every such appeal shall be made by a petition: in writing and shall be heard in accordance with the procedure for the til!J.e being applicable to the hearing of appeals in matters relating to land-revenue. ·

(3) The order of the Commissioner on such appeal shall, subject to the provisions of sub-section (4), b.e .final.

(4) An application for revision shail lie to the Board of Revem.1e from an order of the. Commissioner passed in appeal under this section if it is presented within thirty days from the elate of such order. · ,

27. The Provincial Government, or any person who has Pleaders.

made a claim under this Act, may appoint any person to , appear, plead and qct on its or his behalf before :the Forest Settlement-offeer, or any appellate or revisiona authority in the course of any inquiry, appeal or revision under. this Act or.

,,,..before any arbitrator appointed to determine any compensa - tion payable under sub-section (5) of section 10. 18 The West Bengal Private Forests Act, 1948. • [ West Bengal Act (Chapter III.Rights in Forests.Chapter IV.Penalties and Procedure.Sections 28-29.)

Extinction 28. '(1) When the time within which appeals against of rights. orders under section 25 may be made has expired and, when any such appeal has been made under section 26, the time within which applications for revision of any order passed in . such appeal may be made has also expired and all applica tions for revision under sub-section (4) of section 26 have been disposed of, the Forest Settlement-officer shall issue another proclamation specifying the rights which may be exercised in respect of the forest regarding which any such order under section 25 has been made and also specifying the date with effect from which all rights in respect of such forest which are not specified in such proclamation shall be extinguished. ·

(2) A translation of such proclamation in Bengali and, if any other language, has been prescribed in this behalf for the local area in which such forest is situated, also in such other language shall be published in the· neighbourhood of such · forest before the date so specified in such proclamation.

(3) With effect from the date so specified in such procla mation all rights in respect of such forest not specified in such proclamation shall be extinguished.

CHAPTER IV.

PENALTIES AND PROCEDURE.

29. (1) Any person ho, or ()

(a) fells, girdles, lops, taps, or burns. any tree in a controlled or vested forest or strips off the- bark or leaves from or otherwise damages, any such tree, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest#produce from- a controlled or vested forest, ·

(d) sets fire to a controlled or vested forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any portion of such forest, Penalties for,breach of rules.

(e) permits cattle to damage any tree in a controlled or vested forest, shall be punishable with imprisonment for a term which mar extend to six months, or with fine which may extend to»fve hundred rupees, or with both. ·

(2) Any person contravening any rule made under this Act, for the contravention of which no special penalty is pro vided, shall be punishable with imprisonment fora term which may extend to one month, or with. fne which my extend to five hundred rupees, or with both.

The West Bengal Private Forests Act, 1948. 19 ' XIV of 1948.1 (Chapter IV.-Penalties and Procedure.Sections 30, 31.)

30. (1) I£ it is proved to the satisfaction of the District Magistrate that in any vested forestany cattle have been permitted to trespass, any trees have been felled, girdled, lopped, tapped, burnt, or otherwise damaged,

(c) any other forest-produce has been burnt or removed, Imposi tion of col lective fine on the in habitants in certain cases.

(a) () Ben. Act Ill of

1913.

(d) any land has been broken up for any purpose, otherwise than in the exercise of any right in or over such forest with intent to cause detriment to tlie conservation of such forest, and if the District Magistrate is satisfed after enquiry that the inhabitants of any local area are concerned in the commission of any such offences or are in any way assisting persons in committing such o:ffencoo, the, District Magistrate may, by order in writing in which shall be speoi fed the reasons for making such order, impose on the inhabi tants of such area a collective fine which may extend to five hundred rupees or three times the value estimated by him of any forest-produce damaged, whichever is greater, and may, after such further enquiry, as he deems necessary, apportion such fine amongst such inhabitants and such apportionment shall be made according to the respective means of such inhabitants.

(2) Every order imposing a collective fine under sub- .

section (1) shall be forthwith published in the local area in such manner as the District Magistrate considers best cal culated to bring the order to the notice of the inhabitants of the area concerned.

(3) The District Magistrate may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine.

() The portion of such fine payable by any person may be recovered from him as a fine or as a public demand under the Bengal Public Demands Recovery Act, 1913.

(5) Every apportionment of collective fne made under sub-section (Z) shall be subject to i·evision by the Commissioner of the Division on application made in that behalf to him by any person affected by such apportionment within thirty days from the date on which such apportionment is made and the decision of the Commissioner thereon shall be final.

31. No act shall be an offence for the purposes of sub section (1) of section 29 if it is done-

(a) in the exercise of any right in or over such forest, or

(b) in respect of a vested forest, with the permission in writing of a Forest-officer, or

(c) in respect of a controlled forest, with the permission in writing of the owner thereof or of his authorised agent, or

(d) in accordance with rules made under this Act.

Nothing in sub-sec tion (1) of section 29 to prohibit acts done in certain cases.

Seizure of property liable to confisca tion.

Power to release property seized under section 32. · Informa- . tion to the Magis trate and procedure there upon.

Notice to claimants.

of seized forest produce.

The West Bengal Private Ionests Act, 1948.

[ West Bengal Act (Chapter IV.Penalties and Procedure.-Section 32.35.)

32. (1) When there is reason to believe that a forest offence has been committed in respect of any forest-pr,oduce, such pr.oduce together with all tools, hoats, motor. vehicles, carts or cattle used in committing any such offence, may be . seized by ,any F,orest-officer or P,olice-officer.

· (2) Every ,officer seizing any property under this secti,on shall place on such property a mark indicating that the same has been so seized, and shall, as soon ,as ·may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:

Prrovid-ed ·that, when the offender is unknown, it shall be sufficient if the ,officer makes, as soon as may be, ra report 0£ the circumstances to his ,official superi.or.

33. Any Rorest-offoer of a rank not inferior to that of a Banger, or rany P.olice-offic-er of a rank not inferior to that of a Sub-Inspector; who, or whose subordinate, has seized any tools, hoats, motor vehicles, carts or cattle under section 32, may release the same on the executi.on by the owner thereof of a bond for the production of the property so released, if and hen so required, before the Magistrate having jurisdic tion to try the offence ,on account -0£ which the seizure has been made.

34. The Regional F,orest-officer may cause information to be given to a Magistrate reg,arding any forest-offence which he has reason to believe to have been -committed in respect of any forest-produce; and upon receipt of any such informa tion, the Magistrate shall, with all convenient despatch, tale such measures as may be necessary £or the arrest and trial of the offender and the disposal of the property according to law. · · · 35. (I) If a Regional Forest-officer has not caused information to be given to a Magistrate under section 34 in respect of any forest-produce seized under sub-section (1) of section 32, he shall, if there is any doubt as to the person who is -entitled to such produce, cause a notice to be published in such manner as may be prescribed containing a description of such produce and requiring any person who may claim the same to present a written statement of his claim to him within such period as may be specified in such notice.

(2) If only one such ·statement of claim, is pr-esented in respect of any such forest-produce, the ·Regional Forest-officer shall, after making such inquiry as he thinks fit and recording his Feas,ons in writing, either reject the claim or deliver the produce to the daimant.

(3) I£ more than one such statement of claim is presented, the Regional Forest ...officer may, a£ter making such inquiry as he thinks fit and .after recording his reasons in writing, either deliver the forest-produce to such of the persons as he considers to be entitled thereto or refer the claimants to the Civil Court and retain such produce pending receipt of an order from the Civil Court £or its disposal.

20 Disposal of seized property after in formation has been given under section 34.

Disposal of un claimed forest produce.

39. When the offender cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the ofrence has been com pitted to be confiscated and taken charge of by the Regional Forest-officer, or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that· no such order shall be made until the expiry of one month from the date of seizing such property, or without hearing the person, i:!' any, clairoing any right thereto, and the evidence, if any, which he may produce in support of his claim.

38. When the trial of any forest-offence is concluded, Disposal ny forest-poduce in respect of which such offence has bee "$"4 nit#ed shall, if it has been confiscated, be taken charge {4l' of by a Fm:est~officer. conclu-sion of trial, Procedure when off ender can not be found.

36. If no statement of claim is presented in respect of any such forest-produce after a notice has been published under sub-section (1) of section 35, or if a person whose claim has been rejected under that section omits to institute a suit under sub-section (4) thereof, the ownership of such forest produce shall vest in the Provincial Government free from %l' encumbrances, or, when such forest-produce bas been delivered to any person under sub-section (3) of that section, in such person free from all encumbrano@s not created by such person.

37, (I) Any forest-produce in respect of which a fores offence has been committed and information has been given to a Magistrate -o.nder section 34 shall, on the conclusion of the trial for such offence, be made over to the owner of tl1e forest from which it was derived or to any other J_)erson whom the Magistrate deems to be entitled to the same:

Provided that, if it is not known from which forest such produce was derived, such forest-produce and all tools, boats, motor vehicles, carts and cattle used in committing such forest-offence shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment which may be awarded under this Act for such offence.

(4) .A.ny person whose claim has been rejected under this section may, +thin three months from the date of rejection ? such claim, institute a suit to recover possession of the forest-produce claimed by him; but no person shall be entitled t recover any compensation or oosts against the Provino1al Govermuent, or against any Forest-o:fficeT, on account of rejection of such claim, or on account of the detention O" removal of any forest-produce, or the delivery thereof to an other person under this section.

(5) No such forest-produce shall be subject" to any process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been instituted as provided in this section.

Tie West Bengal Private Forests Act, 1948. 2l XIV of 1948.l (Chanter IV.-Penalties and Procedure.Sections 36-89.)

Procedure as to per ishable property seized under section 32.

Appeal from orders under section 37 or sec tion 39.

Property when to vest in Govern ment.

Saving of power to release property seized.

Punish ment for wrongful seizure.

22 The West Bengal Private Forests Act, 1948.

I West. Bengal Act (Chapter IV.-Penalties and Procedure.Sections 4045.)

40. The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seiz ed under section 82 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with sucl property if it had not been sold.

41, The officer who made the seizure under section 32, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the elate of any order passed by the Magistrate under section 37 or section 39, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appeal able, and the order passed on such appeal shall be final.

42. When an order for the confiscation of any property has been passed under section 87 or section 89, as the case may be, and the period limited by section 41 for an appeal from such order has expired, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Provincial Government free from all encumbrances.

43. Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the Provin cial Government from directing at any time the immediate release of any property seized under section 32.

44. Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punish able with imprisonment for a term which may extend to six months, or with fine hich may extend to five hundred rupees, or with both.

Penalty for coun terfeiting or defac ing marks on trees and tim ber and for alter ingourd-.

ary 1arks.

45. Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Codeknowingly counterfeits upon any timber or standing tree in a controlled or vested forest a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person, or alters, defaces or obliterates any such mark placed on a tree or on timber in a controlled or vested forest by or under the authority of a Forest officer, or

(c) alters, moves, destroys or defaces any boundary mark of any forest or waste-land to which the provisions of this Act apply or are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

ActX.LV of 1860.

() . (a) Power to prevent commis sion of offence.

Power to try offences summar ily.

Power to release on a bond a person arrested.

49. The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the Provin cial Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding six months, or with fine not exceeding five hundred rupees, or with both.

47. Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any per son under the provisions of section 46, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case or before· the officer-in-charge of the nearest policestation.

48, Every Forest-officer and Police-officer shall· prevent, and may interfere fr the purpose· of preventing, the commission of a.ny forest-offence.

The West Bengal Prate Forests Act,· 1948, 23 XIV of 1948.]

(Cha4ten IV.-Penalties and Procedure.Sections 4651.)

46, (1) Any Forest-officer or Police-officer may, with-; Power ilo out orders from a Magistrate and without a warrant, arrest srrest a.nv person against whom a reasonable suspicion exists of 7ho"};

h . • h · b d · f 1 :ff · h bl · wa.rran ·1s avmng een concerne 1 any ores-o ence pun1s a O .

wan imprisonment for one month or upwards under this A.ct. ·

(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provi sions of this Act as to· release, on bond, take or send the person arrested before the Magistrate having jurisdiction in the case or to the. officer-in-charge of the nearest policestation. · .

Act V o£ 1898.

Power to compound offences.

Power of Court to order pay ment of rewards out of fine.

t 50, Whenever a Court imposes a fine under this Act or confirms in appeal under this .A.ct a sentence of fine or a sentence of which fine forms a part, for a forest-offence other than an offence specified in sub-section (1) of &\3Ction 6 or section 44, the Court may, when passing judgment, order any portion of the fine recovered to be paid to the person whose information led to the detection of the offence.

51, (1) The Provincial Government may, by notifica tion, empower a Forest-officer- .

(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in sub-section (2) of section 6, section 44 or section 45, a sum of money, not exceeding fifty rupees, by way of compensation for the offence which such person is suspected to have committed; and

(b) when any property of such person has been seized, to release the same.

,.2) On the payment of such sum of money to such officer, the suspected person, if in custody, shall be dis charged, the property, if any, of such person seized shall be released. and no further proceedings shall be taken against such person or property.

Onus of proof.

24 The West Bengal Prate Forests Act, 1948.

[ West B_engal Act .

(Chapter IV.-Penalties and Procedure.Chapten V.

Regional Forest-officers.Sections 5254.)

(3) I the forest-offence has been committed in respect of a controlled forest, the amount of any compensation paid to a Forest-officer empowered under sub-section (Z) to accept such compensation, or such part of such amount as the Forest-officer deems equitable in the circumstances, may, at.

the discretion of the Forest-officer, be paid to the owner of the controlled forest; but the amount of anv compensation ·not so paid to the owner of a controlled· forest and the amount of any compensation paid to such a Forest-officer if . the forest-offence has been committed in respect of a vested forest shall be paid into the revenues of the Province.

(4) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger.

52, Notwithstanding . anything contained in any other Act, when in any area in respect of which the Provincial Government has. made rules under clause (b) of sub-section

(2) of section 41 of the Indian Forest Act, 1927, any person XVI of is found to be moving forest-produce without a pass from an 1927.

offcer dulv authorised to issue the same, the burden of proof that such' person has not committed an offence under this Act in respect of such forest-produce shall lie on him.

- j J Provin cial Gov ernment may inivest Regional Forest officers with cer tain powers.

Power of officers.

CHAPTER V.

REGION FOREST-OFFICERS.

53. (1) The Provincial Government may in-vest any Regional Forest-officer with all or any of the. following powers, that is to say:

(a) power to enter upon any land, or to authorise .any officer to enter thereon with servants and work men, and to survey, demarcate .and male a map.

of the same; · ·

(b) the powers of a Civil Court to compel the attendance · of witnesses and the production of documents and material objects; '

(d) power to hold an enquiry into forest-offences, and, in the course of such. enquiry, to receive and record evidence.

(2) Any evidence recorded under clause (d) of sub-section ·

(1) shall be admissible in any subsequent trial before . a Magistrate, provided that it has been taken in the presence of the accused person.

54. It shall be la-wful for anv officer authorised either generally or specially in this behalf by the Regional Forest officer to enter with his subordinates and servants and work men at any time upon any part of a controlled forest for the purpose of ascertaining whether there· has been any viola tion of an approved working· plan and to do any other acts which are in his opinion necessary £or carrying out the pur poses of this Act.

t" ie t Act Vof

1898.

ie West Bengal Prate Forests Act, 1848. 2.r Forest officers deemed public.

servants.

55, .A.ll FoTest-officeTs· shall be deemed to be public ±errants within the meaning of section 21 of the India" Venal Code.

56, No suit shall lie against any public servant !or any- Intle,nnity ig done by him in good faith under this Aet. %,$good faith.

XIV of 1948.1(Chapter V.Regional Forest-officers.Chapter l.

Rules .-Section,s 5-5-57.) .

ActXL\' 6£ 1860.

CR.A.PTER VI.

RULES. 0 57, (1 The Provincial Government may make rules fo1 Poer"° carrying out the purposes of this Act. make rules.

(2) In particular and without prejudice to the generality or the foregoing power, the Provincial Government may make rules to provide for all or any of the following matters, namely:- ·

(a) the cutting, sawing, conversion and removal of trees and timber, and the collection, manuractm·e and removal of forest-produce from controlled or vested forests in notified areas ;

(b) the grunting of licenses to the inhabitants of towns and villages in the vicinity of controlled or vested forests to take trees, timber or other forest produce for their own· use, and the production and return of such licenses by such persons;

(c) the granting of licenses to persons for selling or re moving trees or timber or other forest-produce from controlled or vested forests for the purposes of trade, and the production and return of such licenses by such persons;

(d) the payments, if any, to be made by the persons mentioned in clauses (b) and (c) for permission to cut such trees, or to collect and remove such timber or other forest-produce;

(e) the other payments, i£ any, to be made by them in respect of such trees, timber aud·vroduce, and the places where such payment shall be made;

(f) the e:::..amination of forest-produce passing out of controlled or vested forests in notified areas;

(g) the clearing and breaking u1J of lanc1 for cultivation or other purposes in conti-olled or ,ested forests in notified areas;

(A) the protection from fire of-timber lyiE in controlled or vested forests in noti£.ed areas;

(i) the cutting of gn1ss and vasturing of cattle in con trolled or vested forests _in notifiec1 areas;

6 hunting, shooting, fishing, poisoning rater a7d setting traps or snares in controlled or vested forests, and the killing or catching of elephants in eh forests in areas in which the Elephants J>reservation Act, 1S79, is not in force ;

VI of 1879.

26 ,The West Bengal Private Forests Act, 1948.

[ West Bengal Act (Chajter VI.-Rules.Section 57.)

(h) the powers and duties of Forest-officers under this Aet; .

(l) the procedure of an Appellate Committee referred to in clause (1) of section 2 and the manner ·in which.

an owner of a private forest shall be selected as a member of such Appellate Committee;

(m) the procedure of a Board appointed to perform the functions of a '.Forest Settlement-officer referred to in clause (9) of section 2;

(n) the manner in which the working plan referred to in sub-section (Z) of section 3 shall be prepared, the consultation referred to in sub-sections (2)and

(3) of that section shall be. made and the copy of the order referred to in sub-section (4) of that section shall be served ;

(a) the manner in which the approved working plan shall be sent under sub-section (2) of section 4 and the consultation referred to in sub-section (3) of that section shall be made;

(p) the grant of loans referred to in sub-section (Z) of section 8, the manner of making- applications for • such loans under sub-section (2) of that section, the manner in which such applications shall be considered and the recoverv of such loans and the interest and costs in respect thereof under sub section (4) of that section;

(q) the manner in which the consultation referred to in sub-sections (1) and (2) of section 9 shall be made and copies of the orders passed under the said sub-sections shall be served ;

(@) the manner in which the copy of a notification issued under sub-section (Z) of section 10 shall be served under snb-section ·(2) of that section, the determination 'by the Porest Settlement-officer of the matters specified in clause (c) of sub-section

(4) of that section, the determination of compen sation referred to in sub-section (5) of that sec.

tion, the maximum amount of an award against.

which no appeal shall lie under clause (@j of that sub-section, the manner of payment of compensation under .sub-section (6) of that section, and the manner in which the consultation referred to in sub-section (9) of that section shall be made, a copy of the order referred to in that sub-section shall be served and the working plan referred to in that sub-section shall be prepared;

(s) the apportionment of rent referred to in clause (i) of sub-section (1) of section 12; • Tie West Bengal Private Forests Aot, 1948. 27 XIV of 1948.]

(Chater VI.Rules.--Section 68.)

(t) 'the manner in which the. cost of management referred to in sub-section (Z) of- section 16 and the ,res pective shares of the owners of a vested forest and the net profits in respect of such forest referred to in sub-section (5) of that section shall be deter mined or calculated and the copy .of the state ment referred to in sub-section (6) of that section shall be served; ' '

(u) the manner in which the cess referred to in sub seci.ion (1) of section 17 may be imposed and the costs and expenses referred to in sub-section (2) of that section shall be determined;

(v) the manner in which the working plan referred to in clause (a) of the first proviso to sub-section (1) of section 18 shall be prepared ;

the clearing of land for cultivation or for any other purpose and the cutting, conversion and the removal of timber and the collection, manufacture and removal of other forest-produce referred to in section 21;

() the manner in· which tb:e compensation referred to in sub-section (2) of section 25 shall be paid;

(z) the manner in which the notice referred to in sub section (1) of section 35 shall be published;

(zz) the manner in which the forest-produce referred to in sub-section (3) of section 60 shall be sold; and

(zzz) the manner of service of notices issued under this Act.

() XVI of

1927.

(-3) In making any rule under this section the Provincial Government may provide· that a contravention thereof shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

58, All rules made by the Provincial Government to regulate the transit of timber and other forest-produce under sections 41 and 42 of the Indian Forest Act, 1927, for the time being· in force, shall apply so far as mav be to the transit of all timber and other forest-produce from a7J private forest to which any of the provisions of this Act apply.

Applica tion of rules made under sections 41 and 42 of the Indian Forest Act, 1927, to transit of forest produce from pri ate forests.

. .

28 The est Bengal Private Forests ·Act, 1948.

[ west Bengal At (Chapter VII.-Miscellaneous.-'Sections 59-61.)

. I Ben. Act III of

1913.

61. Whenever it appears to the Provincial Government that, any land is required ·for any of the purposes of this Act, such land shall be deemed to be needed for a public purpose mithin the meaning of section 4 of the Land Acqui- 1of?8% sition Act, 1894.

(2) When any such money· is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce, and such produce may be taken posssession of by a Regional Forest-officer until such amount has been paid.

(3} H such amount is not paid when due, the Regional Forest-officer may sell such produce in the prescribed man ner, and aftgr payment of the costs of the sale the proceeds thereo£ shall be applied first in discharging such amount.

(4) The surplus, if any, ii:not claimed within one year from the date of the sale by the person entitled thereto, shall be forfeited to the Crown.

60, (1) All money payable to a Regional Forest-officer under this Act or under any rule made under this Act, other than money payable in respect of the cost of management of a vested forest, and all money payable to such officer on account of the price of any forest-produce or on account of expenses incurred in the execution of this Act in respect of such produce shall, if not paid hen due, be recorerable as a public demand under the Bengal Public Demands Recovery Act, 1913. .

CHAPTER VIL , MISCELLANEOUS. ·

59. Notwithstanding anything elsewhere contained in this Act, the Provincial Government may, on application · made in this behalf in writing by the owner of any private forest or of any waste-land referred to in sub-section (1) of section 11 or, if there be more than one owner thereof, by the owners of shares therein amounting in the aggregate to at least one-half thereof, to the Collector of the district in which such forest or land is situated, by a notification, apply the provisions 0£ this Act applicable to vested forests, subject to such restrictions o conditions as may have been determined by an agreement between the said Collector and such- person or persons, to such forest or land and thereupon such fore or land shall be managed on behalf of such own-er or owners as a vested forest in accordance with such provisions by a Regional Forest-officer specified in this behalf by the Provin cial Government.

Land re quired under this Act to be deemed to be needed for a public purpose under the Land Aequisi tion Act,

1894.

Recovery of money clue to Regional Forest officer and lien on forest• produce for such money.

Conserva tion of forest or afforesta tion of land at the re quest of· owners.

I \.

l'!

] f ·\\ l \\ II . !

'·1 i i. ·, .

• • Ir t¢

63. (J) Sections 35, 36, 37 and 38 of the Indian Forest Repeal· Aet, 1927, in their application to West Bengal are hereby and repealed. savings.

(2) Such repeal shall not affect anything done or suffered or any obligation or liability accrued or a.y penalty incurred or any proceedings commenced before the commencement of this Act. ·

(3) Any private forest or waste-land held under the control of a Forest-officer under section 3G of the Indian Forest Act, 1927, immediately before the commencement of this Act shall, on such commencement, notwithstanding the repeal of the said section, continue to be so held under the control of a Regional Forest-officer under the provisions of this Act applicable to a vested forest and shall be deemed to be a vested forest for the pm;poses of this Act.

(4) All lands which immediately before the ccmmence- · · ment of this_ Act were being managed as a reserved or a pro tected forest under the provisions of section 38 of the· Indian Forest Act, 1927, shall, on such commencement, notwith standing the repeal of the saicl section, continue to be managed under the provisions of section 59 of this Act as a vested forest subject to such terms as may have been mutually • agreecl upon between the owner or owners of such lands and the Collector, and the application made under sub-section

(1) of the said section 38 by the owner or owners of any such land shall be deemed to be an application made under the said section 59.

64. The Bengal Prirate Forests Act, 1945, 1s hereby Repeal of • repealed. Ben. Act · XIofl945.

. .

62. Subject to the provisions of this Act and to any ~Powers of· rules made thereunder, every Regional Forest-officer- the Regi onal .(a) may do all such things requisite for the proper ForeSt· management of the forest the control of which has ?$j?~.

been vested in him under this Act as the owner trol of ' of such forest might do for its management, and the Pro- . vincial

(b) shall in the exercise of his powers ancl in the per- Govern- . formance 0£ his duties in relation to such forest .ment.

be guided by such orders and instructions as inay, from time to time, be issued in this behalf by.

the Provincial Government.

Ben.Act XI of

1045.

- ·.- pgowereg?g> ..-· ·,;_~--:-,C·. -"i;• ~- -- ., CCC"- C--·:_·i· .The TV est Bengal Private Forests Act, 1948. 29, • s ,ixv st 1oms.1 # (Chapter VIJ.:--il;Jisc'ellane~us.-.!.Sections~ 62-.-,.64.) 1

1.J ··-1 XVI of - 1927.

t WBGP-48/9-2174A-2M r•

The West Bengal Private Forests Act, 1948

The enactment

Full text

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