Gujarat Private forests (Acquisition) Act, 1972 (Act No. 14 of 1973)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Gujarat Private forests (Acquisition) Act, 1972 Act 14 of 1973 Keyword(s): Forest Act, Private Forest Amendments appended: 9 of 1974, 6 of 1985 ExiN !lo. 14 RJ!GISTl!RED No. G © I ftbt f ujarat 8obrrnmrnr 6a}rtte EXTRAORDINARY Vol. XIV] PUBLISHED B\' AUTHORITY · SATURDAY, JUNE 30, 1973/ASADHA 9, J5g5 Separate Paainl 11 &inn to tkla Part in onler that It maJ be IIJed u • npante ft!mPll.ao.. PAIT 1¥ Acts of the Gujarat Legislature and Ordinances promulgated and Regulations made by the Governor. The following Act of the Gujarat Legislature having been assellted · to by the President on the 24th June, 1973 is hereby published for general information. S.S. SHAH, Secretary to the Government of Gujarat, Legal Department. GUJARAT ACT NO, 14 OF 1973. ( First published, after having received the assent of the President in the "Gujarat Government Gazette" on the 30th June, 1973 ). An Act to acquire private forests in the State of Gujarat for conserving their material resources and protecting them from destruction and over-exploitation by their owners and for promoting systematic and scientific development and management of such forests for the purpose of attaining and maintaining ecological balance in public interest. It is hereby enacted in the Twenty-third Year of the Republic of India as follows : 1. (J) This Act may be called the Gujarat Private Forests (Acquisition) !!i':!t t~!l Act, 1972. oommenoo. (2) It extends to the whole of the State of Gujarat 184 IV-Erlra-32 ment, Definitions. G.UJ. GOVT. GAZ., EX., JUNE 30, 1973/ASADRA 9, 1895 [ •P.J.11.T'• :rv. (3) It shall come into force on such date as the State Government may. by notification in the Official GazeJte, appoint. 2. In this Act, unless the context otherwise requires (a) "~I ?pointed- day" means the date on which this Act comes il).(O, (orce: (b) "Code" means the Bombay Land Revenue Code, 1879; (c) "Collector" includes an officer not below the rank of a Deputy Co Hector appointed by the State Government· to exercise the powers and per• form the duties of the Collector under this Act; Bom. V of 1879. (d) "Forest Act" means the Indian Forest Act, t 927 in its application the State of Gujarat; to XVI or 1927. (e) "prescribed" means prescribed by rules made under this Act; (f) "privf,l.te. fQrest" means any forest whic;h. is not the property of G ovem ment, and includes (,) any land declared before the appointed day to be, a forest under section 34A of the Forest Act; (ii) any forest in respect of which any notification issued under section 35 of' the Forest Act, is in force immediately before the appointed day; (iii) where in a forest, forest-land vests in any person other than the State Government and trees vest in the State Government. such forest-fond: (iv) sites of dwelling houses constructed in such forest which· are con~ sidered to be necessary for the convenient enjoyment or use of the. foi;est. and fands appurtenant thereto: (v) in a case where the State Government and any other perRQI) are jointly interested in a forest, the interest of such person in such forest; (g). "Schedule1' means the Schedule appended to this Act: (h) "Tribunal'' means the Gujarat Revenue Bombay Revenue Tribunal Act, 1957: Tribunal constituted und<v th~ Boa. ,n words and expressions used but not defined in this' Act shall- have tltc· meanings assigned to them in the (' ode or. as the case may be, in the Forest Act XXXI or l91S8. GUJ, GOVT, GAZ., EX., JUNE SO, .197;1/ABAD;EL\., (1,.1896 , .:186 ,3. ,U) .Nqiwith:ltan~ .anytb.i.nj con~ined jn arzy -law cfor -the limo. bejpg in,V~·•f 1forcc or ,in.any settlement, grant, agreement, usage, cusf.Oll.l or any d~{of= ,order of,a Court or any Tribunal or any other documcnt,,with offect on,and-.~miii- State the appointed day, all private forests in the State of Gujarat ,sball ,VCN!t,-:(rec Gonmnuwl. from all encumbrances. in, and shall be deemed to be, with all ri&hts in or over the same or appertaining thereto, the property of the State Goverwnent; a:ild an··rtpt, title and'interest Of the owner or any person other than the Govern• menr-substsl::ing·ln any such ·forest on the said day shall ·be decn:'tcd ·to ·hitve been e:it.tiilgttished. {~ .Not,lµ.qg contained in sub-section (J) shall 4pp ly-to so muqb,e~t of ,l;µld ,COJD-prised in any private forest as is held by the ow nor or tenant la"Wf,w.Iy rUD,der,WS :personal cultivation on the appointed day and as is not in .oxcess ,of ~V .. ,t.Jic-~.arca -within.the meaniu.3 of the expression in ilie Gujarat ~t;-:uUuraJ fJi. Lall~ Coi.llilj Act, 1960 for the time being in force or any ·building. or sm,A,\µre standiag tbercon or appurtenant thereto. Explanation. : Jn this section, the expressions "tenant" and "personal cultiva tion" shall have the same meaJUIIIS as they have in any law relatinj: to tenancies Qf agricultural lands for the time being in force in the State of Gujarat. 4. (J) Where any private forest vests in the State Government under the Dut of provisions of this Act. any person who is in possession of such forest at the l:rZn to :linle of such vesting shall immediately hand over possession thereof to the~::- 0 ,Collector or to any other officer authorised by the State Government or by ,the private . Collector in this behalf. forea~. (2) Any person not handing over possession as required by sub-section '(J) shall be deemed to be in unauthorised occupation of such forest and shall be liable to be summarily evicted. ·s. Where any questi~n arises as to whe~er any forest is a priv~te -forest or &,t~!emell't not, or whether any pnvate f<:'rest or portion thereof has vested m the State of ffi!!Pu~. Government or not, the Collector shall decide the question. and the decision of the Collector shall, subject to the decision of the Tribunal in appeal which may be preferred to the Tribunal within sixty days from the date of t}le decision Of the Collector, or the order of the State Government under sec• tion 17·t,e final 6. Every owner of private forest which vests in the State Government Payment of under the provisions of this Act shall be paid by the State Govemmetl.t, an amount to amount which shall be the aggregate of the following, that is to say :- E;;::: of (a) in respect of forest land, an amount calculated in accordance with orests. the principles specified in Part ~ of the Schedule; (b) in respect of trees, an amount calculated in accordance with the princ~ples specified in Parts B and C of the Schedule; 1 of , (c) ,in respe,ct of dwelling houses, an amount calculated in accordance l89' .with the provisions of sections 23 and 24 of the Land Acquisition Act. f894. AppllcaUon for p&yment of amount. Collector to .letermina .,moant. 187 GUJ. GOVT.- GAZ., EX., JUNE 30, 1973/ASADHA 9, 1895 '[PJ.Jr.T"IV 7. Any owner of private forest entitled to payment of an amount under section 6 shall, within the prescribed period, make an application in the prescribed form, to the Collector for determining the amount payable to him under section 6. 8. (1) On receipt of an application under section 7 the Collector shall, after !llakin& a formal enquiry in the manner provided in the Code, make an award determining the amount payable to the owner under section -6. (2) Where the officer making an award under sub-section (}) is a Collector under this Act but not a Collector appointed under section 8 of the Code and the amount of such award exceeds fifty thousand rupees, the award shall not be made without the previous approval of the Collector appointed under section 8 of the Code. (3) Every award under sub-section (1) shall, so far as may be, be in the form prescribed in section 26 of the Land Acquisition Act, 1894. I of Manrn in 9. (1) The amount specified in the award shall be paid in cash to the which amount , !,O oo paid. person entitled thereto. (2) Where the amount awarded is not paid at the time of or before taking possession of the private forest, the amount awarded shall be payable with interest thereon at the rate of four and a half per cent per annum from the time of taking possession till the time the amount is paid. 0 d . r 10. (1) During an inquiry held under section 8 the Collector shall detennine e uction o ,-mou11t of in the prescribed manner the amount of encumbrances, if any, lawfully subsist !°!'!~r::' ing on the private forest in question, on the appointed day. payable to: owner. (2) (a) If the total amount of encumbrances is less than the amount determined as payable to the owner, the amount of encumbrances shall be deducted from the amount determined as payable to the owner. The balance shall then be paid to the owner and the amount so deducted shall be utilised for payment of the encumbrances; and (b) if the total amount of encumbrances is equal to or more than the amount detennined as payable to the owner, the amount payable to the owner shall be distributed amongst the holders of the encumbrances in proportion to the respective amounts of the encumbrances and having regard to the claims inter se of such holders on the basis of their priorities : Provided that if any sum of money is due to the State Government by the owner of the private forest in question, such sum of money shaU first be adjusted against the amount payable to such owner by the State Government l89t-. ;pABT IV] 'GUJ. GOVT. GAZ,,"EX., JUNE 30, 1973/ABADH.A 9, 1895 188 and the surplus alone shall be available as the balance to be paid to , the owner under clause (a) or. as the case may be, as the amount to be distributed amongst the holders of encumbrances under clause (b). (3) If the determination of any -issue under this section involves any question of law regarding the validity of any encumbrance or the claim of the holder" of any encumbrance or any question regarding the amount due to the holder in res pect of the encumbrance, the Collector shall, in the manner prescribed, refer the qucatipn for decision to the Uvil Judge within the territorial limits of whose jurisdiction the forest concemed is situate. On receipt of such reference the Judge concerned shall, after giving notice to the parties concerned, try the qqcstion referred to him and record findings thereon and send the same to the Collector. The Collector shall then give decision in accordance with the said findinp. (4) NothiDj ip, this section shall affect the rights of the holder of any such encumbrances to proceed to enforce against the owner of the private forest his richt in any other manner or under any other law for the time being in force. 11. (1) If any person other than the owner of private forest is aggrieved Payment of by ,µiy provi&ion of this Act as extinguishing any right enjoyed by him otherwise ::i:i~s!~ ~- ,as a member of the general public and such person proves that such extin- D?-8b~ off guishment amounts to the transference to the State Government or to public ~ler pe~ns. ownership of such right, such person may apply to the Collector for payment of amount for such extinguishment (2) Such application shall be made in prescribed form and within six months from the appointed day. (3) On receipt of an application under sub-section (1), the Collector, shall. after holding a formal inquiry in the manner provided in the Code and also giving an opl)Ortunity to be heard to the owner of the private forest concerned, award such .amount to the applicant as the Collector deems reasonable. (4) The amount so awarded to the applicant shall be liable to be deducted from the amount determined as payable to the owner of such private forest under section 6 • .Som. 12. Notwithstanding anything contained in the Bombay Revenue TribunalAppea.13. f~.of Act, 1957, an appeal shall lie to the Tribunal against an award of the Collector under section 8 or against any order of the Collector passed under section 10 or 11. 13. (1) The Tribunal shall, after giving notice to both the the appeal and record its decision. parties, decide Prooodure before Tribunal. Limitation. Court r-. Finality of award and dooiBion of Tribunal, r.1S9 (2) lll,deoidil!II on <IJlpe,l ,Wl<ler ,dlis .Act Ille Tribunal shall ,ea<ewi,e ,all .Jh~ ,pow,en: which a Court hi1S and .shall follow the same .J)Ilmdure which , a Court follows in decidulg appeals .from a .d~ ,or .order .of ,an original ,court under the Code of Civil Procedure. 1908. ' ,, il.4. Save as othoPWise provided -in •section 5, -every -appeal ,made ,-under· this .iA'Cttto -the Tribunal-shall, be filed, -within ,a ,period- of (Sixty days;ftron\ •the-date ,of v ,r 1008, lhe award or as ·the -oase may ,be, order, of the Collector. 1lbe · pmvisions -of •<Seations 4, ·5, ,12--and 14· of the JLiln.itatioo •Act. -1963, ~ball ,apply• to :.the,tftlm.s eof 86 of •such·-appeal. 1963. · 18. •Notwithstanding -anything contained -in the '.Bombay, Court-1Fees ,i\:et, Bom. •1"959,•every appc,al-made under -this Act to -the lFribtmal-shall-boar a,00t1rt~fee~ 0 7· stamp of such value as may be prescribed. 1969. '-'II 16. !Jhe -award mado by the -C.Ollector under -section :3 ·and an ,otmr passed by the•Collector under-section .10 or 1'1, -subject to -an appeal •to the -Tribuiml ,or -'to an -ordor of -the State •Oovemment -under seetion 17, and the •deoision of the Tribunal on an appeal shall be final and conclusive and shall- not •be questioned in any suit or procecdin& in any Court. 117. ;Wh@re :no appal has boon filed, within -the ptriod •pro'Vidd:l 1for-it. ,against -·any deciBion. order or award of the Collector, the State ·Government may, within -a period not exoeeding one year from the.date of·-such decision, order or award (a) call for the record of any inquiry or proceedings of the Collector for • the purpose, of -satisfying itself as -to the legality or ·-propriety of -any. dooiJion, order or award passed by, and as to the regularity of -the -proceedings of such Collector, as the case may be, and (b) pass such order thereon as it deems .fit : Provided 'that no ·decision, order or award of ·the• Collector shall 'be ,medifitd, annulled or reversed unless opportunity has been given to the interested parties 'to appear am! be heart!. Inqniria undJ 18. AU inquiries and proceedings before the Collector and the Tribunal l:c,~ under .this Act shall be deemed to be judicial proceedings within the m-eaning ~\:°J i'.:1d of sections 193, ·219 and ·228 of the Indian Penal Code. ;fV be judioia.1 1860. prooeedioge. Indwmi ,,.. 19. No suit, .prosecution or other legal proceeding shall lie against the State Government, the Tribunal or any officer of the State Government for anythll)g in good faith done or intended to be done under this Act. PART IV']' GUJ. GOVT. GAZ., l1lX., JUNE'30, 1973/ABADHA 9, 1890 ... • (i) Whenever it appears to the State Goverrunent" diat any tttct -of Deolar.r t:'00 . 0 landi not· being· the property of' Government. so abounds in natutal grt>W'th' oflanda .. trees} shrubs or grass or in· timber or other· forest-'--prodUte tliat it should' be·r= dtdW'ed in public interest and for furtherance of' the objects of' this Act, tO' be· a private forest. the State Government sh'a:11 issue a notiftbation in· tlie f!ffi{ci(Jl' Ga,:,,1/t' (a) declaring that it bas been decided to declare sucli tract of land· to be a private forest; and (b) specifying as nearly as possible, the situation and limits of such tract. (2) On the pubJication of such notification the Collector or any other officer authorised in this- behalf by the State Government- shall issue a. notic.a in, the prescribed manner to the owner of such tract of land and to all other person, havi:nsi:. an: interest in such tract ot land, calling on thorn to show- cause, within a reasonable period to be specified in such notice, why- such, declaration should not be made. (3) After hearing the objections, if any, of the owner and other persons and consj,dering any. evidence· that they. may produce- in support of. the sam~- the Collector or, as the case may be, the authorised officer shall submit his report to .. the State Government, along, with his opinion whttheti the, traot: of land should. or should not be declared to be a private forest. (4) After taking into consideration the report and the opinion of the Collec tor •. ori as. the case- may bo, the authorised officor, the State Government shall decide whether, sueh tract of land or any, part thereof should- or should. not be. declared to be a private forest and such decision shall be final : Prcwidcd that< beforo taking- a decision to declare any• tract of land. or part thereof as private- forest, the State Government sha11 give- an om,ootunity of. being: heard. to, the owmr or other pMSODS interested• therein. (5) If the State Government decides to declare such tract of land or any pan. thereof to 00-a private. forest, it shall, issue a- notification• to. th'l.t eiffect and pub]fflh. the same. in- the Official Gai.ette. (6) Upon such. issue and publication of the. notification- under. sub-seotion (-5), the. tract -of. land in- question" or any· part- thereof. shallr- be. deem~• to be private forest and thereupon all the provisions of this Act shall. appl~ tbtreto,.. subject to the modification that the appointed day in relation thereto shall be d@Omed: to be· the date of, the issue and publication of the notifioation under sub.section (5) in relation. tbere1o. (7) If the State Government decides not to declare such tract of land or any- psrt tb6J'eof. to be a, private. foreat, it. shall also- publish. i.ts decision b}'( a ntiiiicl!idffll, in,. the . Q(Jidnl, Gaz.,tte •. 191 GUJ. GOVT. GAZ., EX., JUNE 30, 1973/ASADHA 9, 1890 [PART IV (8) On the issue of a notification under sub--section (J) in respect of any tract of land it shall not be lawful for the owner of such tract of land or any other person to do therein, except with the previous pennission of the Divi• sional Forest Officer, any of the following things, for any period not exceeding one year from the date of issue of such notification or till the date of the publication of the notification under sub-section (5), or as the case may be. ~uh-section (7), whichever period expires earlier, namely : (a) the breaking up or cleaning of the land for cultivation; (b) the pasturing of cattle; (c) the firing or cleaning of the vegetation; ·(d) the girdling, tapping or burning of any tree or the stripping off the bark or leaves from any tree; (e) the lopping and pollarding of trees; (f) the cutting, sawing, conversion and removal of trees and timber, or (z) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manu facturing process. (9) If any person contravenes the prov1s1ons of sub-section (8), be shall, on conviction, be punished with fine, which may extend to five hundred rupees. &Wli..,.. of 21. (J) Whenever an officer authorised by the State Government in this :!1~!1f ... !;reat behalf so directs, the owner of a private forest which has vested in the State reoori.a to Government under ·the provisions of this Act shall deliver to such officer or to :~°:od such other officer as may be specified in the direction, the records relating to Power to .. u nil-. such private forest maintained by the owner. (2) If the owner fails without reasonable cause to deliver any such records. he shall, on conviction, be punished with fine which may extend to two bun• dred rupees and in the case of a continuing failure to deliver any such records be shall be punished with an additional fine which may extend to twenty five rupees for every day during which such failure continues after conviction for the first such failure. 22. (/) The State Government may, by notification in the Official Gazette . and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) All rule8 made under this section shall be laid for not less than thirty days before the State Legislature as soon as possible after they are made, and Par IV} GUJ. GOVT. GAZ., EX., JUNE 30, I973{ASADHA 9, 1896 192 1hall be subject to rescission by the State Legislature or to such modificationa u the State Lcaislature may make durina the senion in which they are so laid or the session immediately followm,. (3) · Any roacission or modifications so ~ade by the State i...cgislature shall be published in the Official Gar.ette and shall there-upon take effect. 23. Sectiont 34A to 37 of the FOl'Clt Act shall stand repealed with elect M.Bepeal ot and from the appointed day : :-:;n o1 '!:. J'o-'J.Ro Provided that 1uch repeal ahaD not d'ect the continuance ill fore. after the appointed day, of any 11.otification issued under any of tbeac eeetions bofora their repeal.. until, euponsedod. by the State Government IV -Xxtra-83 193 GUJ. GOVT. GAZ., EX., JUNE 30, 1973].ASAbllA. 9, 1895 [PART IV ( See section I) Principles for calculatin1 anu;nmt to be pai~ 19 9WIJ.~rs of priv!Ue for~ts jn tap<cl bi iorest 11ma : ~ 1. Where the area of land docs not exceed 400 h~tares, aa anwu,nt. eqWll to one hundt<!d tillicl the )!sseiliiii•nt li..,i (oc iticil la/Id. 2. Where the area of laiid elc'CC'eds' 400 "hectares ~llt docs obt exceed 2000 hectares, an amouat equal to ninety times the assessment fixed for such land. 3. Where the area of land exceeds 2000 hectarea, aa amount equal te eiahty times the assessment fixed for such land. 4. The amount payable under any of the aforesaid paragraphs shall bo subject to the payment of a minimum amount of Rs. 37.50 paise per hectare. 5. If any forest land has not been assessed, the amount of assessment for the purpose of this Part shall be such as shall be fixed by the Collector, having regard to the amount of assessment which would have been levi• able on the same extent of forest land of. similar nature in the qme area. PART IV] GUJ. GOVT. GAZ., JUNE 30, 1973/ASADHA 9, 1805 "' PilT - B cawuiating Gmom1l io be jiciid w owmt"11 Of prit!ak jore~ti iii ruptct of trtt11 ether than bambooS, G~h at breast height Amormt per tree in rupee11 (a) Foi trees i:n Broach, Sur~, 13ulsar and Dang11 Districts : .Below 20 ems :20' Oim and above but below 30 ·ems. 30 om.s and above but below o!:5 ems. .45 om.s. and above but below 60 cIU11. ,60 om.s and above but below 75 cmS. 7~ QJD,8 and above but below 90 0111s. .90 Ollll! and above but below 105 ems. .105 ems and above but below 120.clll8 120 oms. and above Teak Nil 0.66 2.27 4.05 6.64 10.08 16.02 ~2.26 2i .04 {b) For tree& in all districts of the Stale other than Broach, Sumt, Bul$ar and Dang, Dutriets : &low 20 oms Nil :20 o:mJ and abon but below 30 oms. 0.45 .3() oms and above but ~low (5 ems. 1.39 4.,5 oms and above but below 60 oms. 3.26 ·00 oms and above but below 75 ems. 5.75 75 oma and abon but below 90 ems. 8,61 .90 Olll8 and above but below 105 cm&. 13.22 l.05 oms and above. 15.H Superior lnjaili Nil B.30 1.06 2.23 3.43 4.36 6.08 8.49 11. 51 Nil 0.19 0.48 1.07 1. 75 2.60 4.23 5.o, Inferior injaili Nil o,oo 0.17 0.33 0.56 0.62 1.07 1.46 1. i9 Nil 0.03 0.12 0,27 0.60 0.63 1.02 l.H Nok,-1 No amount ah.all be paid for any tree the height of which is reduced to 4 metres or less on account of the upper portion thereof being chopped off. J!/ol~-2 (•) ;'/l!ll?llri?f "li~i!i'' -~•·Jdl/lir, """"• -1\•ld•,;~od, kal•m, bigo, !:aiiiiaOli, s1van arid ru.alnitl&: (h) "Inferior injaili" lll.88ll8 auy tree other than teak or superior injaili, 195 GUJ, GOVT. GAZ., JUNE 30, 1973/ASADHA 9, 1895 PART C [PART IV Principles for calculating am.ount to be paid to owners of private foresta in :respect of bamboos. (1) For bamboos having length of 4 meters and above : Amount in rupees per 100 bamboos. Kind of bamboo, Mavai Katus. Others (a) in Broaoh, Surat, Bulsar and Dangs districts. 20 37,60 (b) in Panchmahe.ls district. .. 7.50• (,) in Rajkot, Jamnagar, Junagadh, Bhavnaga.r, Surendranagar, Amreli and Kutch district.a. l0.00• (d) in all districts of the State, other than those specified above. 4.00, (2) For bambooe having less than 4 meters length. Nil raIN'lm AT 'ID OOVDNllll!NI' CDfflW, ...... Go\JIDIIIIWllL. Extra No. 5 REGISTERED NO. Ll/50/GNR/2 © 1Cbr ,ujarat ~o\lrrnmrnt 8a1rttt EXTRAORDINARY PlJBLISHED llY AUTHORB Y Vol. XV] 'iUESJJAY, JULY :2:-,, 1974/SlL\YA:\A 1, 1896 =· ... , ,,,.,...;;;.;;.;;; .... ;;;;;;:::::::::;;;;;;;:.;:;::c.;;::::;:::;::::::::;;;;;;;;;;:.;;;:.;;;;;:::;:::;;;::;;;;;;;;:::;::; ~pWlltt ,llllna II p,i,a le dU5 Put m erdu tut tt .., be tlk4 u ........ l' ......... PART VI Acts of Parliament and Ordinances promulgated by the President. GOVERNMENT OF GUJARAT LEGAL DEPARTMENT Sachivalaya, Gandhinagar, 23nl July, 1974. No. 14324/B.-The following President's Act assented on the 21st July 1974. is published for general information : THE GUJARAT PRIVATE FORESTS (ACQUISITION) AMENDMENT ACT, 1974. [ Act No. 9 of 1974 ] Enacted by the President in the Twenty-fifth Year of the Rcpubi"ic of India. AN ACT to amend the Gu;arat Private Forests (Acquisition) Act, 1972. In exercise of the powers conferred by section 3 of the Gujarat State Legislature !~7~~ (Delegation of Powers) Act, 1974, the President is pleased to enact as follows: 1. (J) This Act may be called the Gujarat Private Forests Amendment Act, 1974. (2) It shall come into force at once. 20 VI-fatra-6 (J.ino) (Acquisition) Short title and commen cement. 27 GUJ. GOVT. GAZ., EX., JULY 23, 1974/SHAVANA 1, 1896 [ P.<1.1!.'l' VI Amendment 2 In scctmn 11 of the Gui'arat Private Forests (Acquisition) Act 1972 for Guj of section ll. · ' • arat sub-section (2). the following sub-section shall be, and shall be deemed always to At1t 14 have been, substituted, namely : "(2) Such application shall be made in the prescribed fonn before the 31st December, 1974.". V. V. GIRi, President. K. K. SUNDARAM, Secretary to the Government of India, of 1973. PA.RT VI l GUJ. GOVT. GAZ., EX .. JULY 2:3, 1974/SRAVANA I, I89tl 28 REASONS FOR nrn ENACTMENT Sub-section (2) of section 11 of the Gujarat Private Forests (Acquisition) Act, 1972 provides that an application for payment of amount for the e,;tlnguishment of any right of any person, other than an owner ·of private forest, shall be m&dt; in tbe prescribed form within six months from the appointed day, that is, the <late on which the Act comes into force. The Act came into force on 1st August, 1973, but the form for making the application as aforesaid could not be pret;. cribed by rules within six months from the said date. It is, therefore, considered necessary to extend the period for making such application up to 31st December, 1974 so as to give to the per~ns interested, in making such application, reason able time for doing so after the required fonn is prescribed. The present measure seeks to achieve this object. 2. The Committee constituted under the proviso to sub-section (2) of section 3 of the Gujarat State Legislature (Delegation of Powers) Act, 1974 (11 of 1974) bas been c;onsulted before enacting this measure as a President's Act. T. P. SINGH, Secretary to the Government of India, Ministry of Agriculture, (Department of Agriculture). By order and in the name of the Governor of Gujarat, A. M. AHMADI, Secretary to Government, PRINTED AT THB OOVEllNMENI' CEND.AL PRESS, OANDmw.ou.. Gnj.14 of 1983. Extra No. 13 REGISTERED NO, G/Gl'ill/1, - 11:be lujaral Sobrrnmrnr 6aJrttr ., Vol. XXVI} - .. , EXTRAORDINARY, PUBLISHED Bt AUTHORIT" THt~RSDAY, APRIL 25, 1985/YAIS.:\.1(HA 5, 1D07 Separatt: pagini is given i:o this Part in ordez that lt ma~· be ~ as a separate compilation. PART IV lt..da of titi G■jmllt Legnlahm, an.u o,dulaace- prom~ted aa:I Rq:u.latl9u malie by du Gonfllor. The following Act of the Gujarat Legislatt1re having been assented to by the President on the 24th April, 1985 is herebv publbhed for general information. J. P. VASAVADA, Secietary to the Government of Gujarat, Legal Department. GUJARAT ACT NO. 6 OF 1985. ( First published, after having received the aYsent of the Governor in the "Gujaral G..011.erumem Gazetle" on the 25th April, 1985. ). AN ACT further to amend the Gvjaral Prii-ale Forests (Acq·u:'sition} Act, 19'12. It is herehy enacted in the Thirty-sixth Year of the RepulJlie of India as follows 1. (1) This Act may bo callerl the Gujarat Prin:te Fcr~~ts (Acquisition) (Amendment) Act, 1985. (2) It shall b~ deemed to haYe come into force on the 7t.h J:11rnary, 1985. 2. In the Gujaut PriYate Forests (Acquisit.ion) Act, 1972 (hereinafter referred to as ''the principal Act"}, in sect.ion 8, (I) to sub-section (J), thfl following p roviso shall be added, namely: 13-l IV Extra--13-1 Short title ,,d oommPnoe• ment. Amendment of section 8 of Guj. 14 of 1973. Amendment or &eotion t ofGuj. 14, of 1918, Am6ndmen~ of eeotion 11 of Guj. 1' of 1978. Amendment of seotion 17 of Guj. U of 1978. &poal 11nd Savings. 18-2 GUJARAT GOVERNMENT GAZE'ITE, EX., 25,4,1985 {PART IV "Provided that where the amount so determined exceeds three lakhs of rupees the award shall not be made without the previous approval of the State Government."; (2) sub-section (2) sl1all be deleted, 3. In the principal Act, in section 9, in sub-section (1), for the words "shall be paid in cash" the words "shall be paid in the prcscribe<l manner" shall be substituted. 4. Iu the principal Act, in section 11, in sub-section (3), the following shall be added at the end, namely: "and the amount so awarded shall be paid m the prescribed manner.". 5. In the principal Act, section 17 shall be rc-numlicrcd as sub"section (1) of that section and after ;,;ah-section (1) as so re-numbered, the following sub-section shall be inserted, namely: "(2) Notwithstanding auythfog contained in sub-section (1) uo record of any inquiry or proceedings of the Collector in relation to an award made by him under section 8 with the previous approval of the State Government shall be called for nor shall any order be passed thereon by the Stfl.te Government, under sub-section (1)." 6. (1) The Gujarat Private Forests (Acquisition) (Amendment) Or<linance, 1985 is hereby repealed. (.2} Notwithstanding such tepeal anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken un<ler the principal Act as amended by this Act. PRINTED AT TJfR GOVERNMENT CENTRAL PRE5g:, l'.lAND.EllNAOAR. a,;. 0"1, I of 1985.