West Bengal Private Forests Act, 1948 (No. 14 of 1948)

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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 West Bengal Private Forests Act, 1948 Act 14 of 1948 Keyword(s): Appellate Committee, Cattle, Conservation, Controlled Forest, Forest, Forest Offence, Forest Officer, Forest-produce, Forest Settlement-officer, Owner, Private Forest, Regional Forest Officer, River, Timber, Tree, Vested Forest, Wate-land, Working Plan West Bengal Act XIV of 1948 THE WEST BENGAL PRIVATE FORESTS ACT, 1948. CONTENTS. CHAPTER I. Preliminary Src~ion. I. Shwl l i~lc, cxlenl and cnmmcnccmcnr. 2 . DcLnitions. CHAPTER 11. Conservation of private foresls and amorestation of waste-lands. Preparation of. and appeal and rcvision in respect or rvorking plans for private forcsls. Approved working plans. j Prt~hibi~ion of leases and cxtcnsion orlerrns of existing lcases of private forcsu nlrcr issue of notificalion undcr scction 3(1). Prohibition of relling or removal of wccs of pdvale foresls aftcr issuc ~Tno~ification undcr scolion 3(1). Pcnal~y for [lie violalion or working plan. Vcs~ing of foresl in a Regional Forcsl-officer. Forest loans. AmaIgamarion of rwo or more vcs~ed fores~s undcr onc working plan. Afforeslalion or land adjoining a forcsl. I Atforeslatinn of olhcr land. Apporlionmcn~ ofrenls of forests held undcr n lcase jointly wirh olhcr lands and he division I of the lcnurc or holding co~nprising a forcsl. Rcnt lo bc a charge on [he lease-hold in~crcsr i n a ves~ed forcsl. Power to ordcr a vcstcd forcsl 10 bc formed inlo a scparatc eslate. Power to cxcmpt an cslate of which a vestcd Ibrcsr forms part from sale ror arrears or ' rcvcnuc. Dc~cnninarion of cost of managenlcnl or vcs~cd forest and dislribulion of nel profit. Imposilion or cess. Rclcasc of vesled fore51 ro the owncr. CHAPTER 111. Rights in forests. 19. Conrrol and dcmarcarion nr vcstcd forcsr. 20. Appoin~mcnt or Forcs~ Sculcmcnr-officer. 21. Bar OF accrual or righu. 22. Proclnmarion by Foresl Ser1lemen~-oficer 23. Inquiry by Forest Seltlement-officer. 711~ Wes! Ber~gal Private k-orerrs Act, 1948. (West Ben. Act Seclion. 7: 24. Powers of Forest Selllcrncnl-officer. 25. Specification and mdilicaiion of righrs. 26. Appeals. 27. Pleaders. 28. Extincrjan of righls. CHAFER 1V. Penalties and procedure. Pcnallics for breach of rules. Irnposi~ion of colleclive line on thc inhabitants in certain cascs. Nothing i n sub-secdon (1) of section 29 to prohibit acls done in cenain cases. Seizure of propcny liable \o confiscation. Powcr to rclcme propcrly scizcd under section 32. Infomadon 10 Lhc Magisrrate and proccdurc thcreupan. Noricc to claimanb of seized forest-produce. Disposal of unclaimed forest-producc. Disposal of seized property d t c r infomiation has been givcn under section 34. D ~ S Q O S ~ of consificated property on conclusion of Lrial. Procedure when offender cannor be found. Procedure as lo perishable propcrty seized under seccian 32. Appcal from orders under seclion 37 or section 39. Properly when to vest in Govcmment. Saving of powcr to release property scizcd. Punishment for wrongful seizure. Penalty for counrerfeiting or dcfacing marks on lrees and lirnbcr and for altering boundary marks. Power to arresL without warrdnt. Power lo release on a bond a person arrested. Power [o prevent commission of offence. Power to ~ry offence s~mmarily. Power of Cour~ to order paymcnL of rewards out of finc. Power lo compound offences. Onus of proot Tile West Bcwgal Private Forerrs Acr, 1948. XIV of 1948.1 CHAPTER V. Regional Forest-omcers. Section. 53. Slate Govemmcnt may invcst Rcgional Forest -officers w i ~ h ccrtain powers. 54. Powcr of officers. 55. Foresr-officers deemed public servants. 56. Indernniry for acrs done in good.faith. CHAPTER VI. Rules. 57. Power to make rulcs. 5g. Applicaljon of rules madc under sections 41 and 42 of thc Indian Forest Act, 1927, lo lransit of forest-produce from privale forests. C H A r n R V11. Miscellaneous. 59. Conservarion of forest or afforestation of land at the rcquesi of owners. 60. Recovery OF money due ro Regional Forest-officer and lien on forcst-produce for such money. 61. Land required undcr h i s Act to be deemcd to be needed for a public purpose under the Land Acquisition Act, 1894. 62. Powers of the Regional Foresl-officer and conlrol or the Slate Government. 63. Rcpcal and Savings. 64. Repeal of Bengal Act Xl of 1945. 0 West Bengal Act XIV of 194W THE WEST BENGAL PRIVATE FORESTS ACT, 1948'. A\!ENUEII West Ben. Acl XX of 1954. Wcsr Ben. Acl XVII of 1955. ADAITED . . Thc Adaplalion of Laws Order, 1950. [23rd April, 1948.1 An Act In provirlc for- the conservn~io~l of pr-i~vtle forests and for rhe uflorestoliotr it1 certait z cosrJs of lvas~e- la~ms i s West Hetrgol. W H E R ~ S i t i s expcdicn~ to pro~idc lor !he conscrvn[ion of forcsls and For [he afforcsralion OF rv,*rc-lands in Wsr Bengal whcrc such forests OF lands arc not he propcny of the Crown or wherc thc Crown has no proprietary right over such forests or lands; It i s hereby cnaclcd as follows: CHAPTER I. Shon titic. 1. (1) This Act may bc called he Wcsl Bengal Privalc Foresrs Act, cmnr and 1948, conmxncc IIICIII. (2) I! cxrcnds to !he whole of West Bcngal. ?(3) This section shall comc into hrce at oncc and [he rcmaining provisions of this Acl. in ~vholc or in part, shall come inlo forcc in such arcns and on such dales as thc '[Srare] Govcrnmcn~ may, by no~ification, specify and for this purpose different datcs may be specified for difCcren1 provisions of this Acl and for diffcrcnt areas. 5Exp la~~u~io~~ . - In l l l is scction, Wesr Bcngal shall, as from ~ h c dnlc of the commenccmen~ of the Conslitution of India, be dccmcd ro incIudc . . [hc areas in Wcst Bengal which wcrc panially excluded areas wjrhin the meaning of scction 9 1 of the Government of Indio Act, 1935, as in force :fro. v. i m m e d i ~ ~ e l y beforc such commcncemznr. 'In t c m oflhc provisionsof subxuuon (3)oTscaion 3 mdw i rh Schrrlulr 111 oithcI%'-ar BengalTrmskrrcd Tcnirtlriw (Asrinulaion of hws)Acl. t958 (West Bcn, Acr XLX or 1958), rhis Act. shall norc.nlend to, orcomc inlo force in. lhc ~cni~or i~.rmnslcrrcd Im~ti thc S n ~ c of Biharto the S~arcoIKkvr ~ & a l by s. 3 oFthc Bih~ud\VcsrUcngd(TmsftrolTcmtori~) Act, 1956 (XL of 1956). !For thcS~arcmcnr of Ob- 'b and Rcasons, src he CoIcrrrru Gazetre. Erlraorcli~luq: daed rhe 15rh Jmuxy, 1935. mJ cprocccdings dthcAsscmhly.~rethc Wcsr Bcngal Legislatixvc Asscrnblp Pmcccdings, Vol. 11, No. I. pqss 197-210. %cclions2 1o6J of t k A c ~ w ~ w b ~ o u g h ~ into rorcc in hcdiruici oTMidnaporc cxccpr rhc G;lhra policc-slalion in the Sadv 5uMivlsion of thc said disirict and dso in the disuic~ nf Bmkun. on h c I l n d April, 1948. vide Notirlwtion No. 1524 For.. dn~cd h c 22nd April, 19Jf,published ni pagc 4 I? o i b c Culcutm Gaxriz. Erimurdit~an: oilhe 7,3rdApril, 1938. !This word <%+thin q u m b m k & was subsritutcd h t h e word "Provincial" by p m . 4(1) olthcAdapr~!ianof Laws Ordcr, 1950. %is Erplnt~nrion was added by s. 2 oflhc Wcst Bcngd Privaht Forcsrs (Amcndrncnt) Acr. 1955 (Wesr Bcn. Act XVll of 1955). The Wesf Bellgal Private Forests Act, 1918. [West Ben. Act Dclini~ions. 2. In h i s ACL, unlcss rherc is anyrhing repugnanl in [he subject or conlexl, (1) "Appellate Commjuee" means a commi [tee the procedure of which shall be as prescribed, appointcd, by the '[State] Govcrnmen~ in respect of a notificd area to hear appeals undcr this Act consisting of rhree members of whom the Chairman shall bc a Revenue Officer not below the rank of a Collector, one member shall be a member of the Indian Foresr Service or [he Wcsr Bengal Forcsl Service not bclow [he rank of a Deputy Conservator of Forcsts and hc other mcmbcr shall bc an owncr of a pri'varc forest who shall be selccted i n [he prcscribcd manner from amongsl ~ h c owners of private foresls in such notified area; (2) "caule" includes elephants, camels, buffaloes, horses, mares, geldings, ponics, c o l ~ , Lillics, mules, uscs, pigs, rams, cwcs, sheep. lambs, goats and kids; (3) "conservalion", used in reference 10 a forest, includes such measures as are necessary in the opinion or thc Regional Forest .officer for rhe prevention or remedying or thc crosion of thc soil or any flood or landslide;. (4) "Conuollcd forcst" mcans a forts1 in respect of which a working plan has bccn approvcd undcr sub-secuon (1) of sccljon 4: (5) "fores~" includes and land recorded as foresr in a record of rights prepared under Chapter X of thc Bengal Tenancy v111 or 1885. Act, 1885; (6) "Ibrest -offence" means an offence punishable under this ACL or under any rulcs made thercu'ndcr; (7) "~oresl-officer" mcans any person whom thc '[Slate] Governmen1 or any officer ernpowered by [he '[State] govern men^ in his behalf, may appoint to carry OUL all or any of [he purposes of h i s Act or lo do anyhing required by h i s Act or any rule made thereunder to be done by a Forest officer; !8) "forest-produce" includes (a) the following whelher found in, or brought from, a foresl or not, [ha1 is LO say: (i) limber, charcoal, caoutchouc, ca~echu, woodoil, resin, natural varnish, bark, lac, r~lahrra flowers, r~lal~rra seeds, kirrl~ and myrabolams, and (ii) wild animals and skins, tusks, horns, bones, silk, cocoons, honcy and wax, and all othcr parrs or produce of animals, and 'See fool-nore 3 on paEe 37. arlte. XIV of 1948.1 Thc ,West Bengal Private Forests Acr, 1948. (b) [he following when routid in, or broughr rrorn, a forest ihat is to say: ( i ) uccs and leavcs, flowcrs and fruits, and all orbcr pans or producc nor hereinbcforc menlioncd, of Lrecs. tii) planrs no1 bting trees (including grass, crcepers. rccds and moss). and all paris or pmducc or such plan~s , and (iii) pcat, surfacc soil, rock and minerals (including limcstoae, lalcritc, mineral ojk, and all products oi nlincs or querrics): (9) "Foresl Scttlemenl-officer" rncans all officcr, who shall ordinarily be a Revenuc Orficer, appointed by thc '\State] Govcrnnlent ro pcrfomi thc [unctions of a Foresl Sclilcmenr officer under this Act and includes a Board, the procedure of which shall bc as prescribed, appoin~ed by ~hl: '[Srale] Govcmment lo perfonn such Func~ions, consisling of not rnorc lhan 11uec officers o r whom a1 Icas~ ~ w o shall be Revenue 0 ficcrs; (10) "norificalion" lncnas a nolificatinn published jn the Oflcial Gtrzcrre: ( 1 1 ) "notified area" means an area specjficd in a nodfication issued under sub-scaion ( 1 ) or section 3; (12) "owncr" includcs any mortgagee in possession, lessee. common managcr, receiver appointed by a cornperen1 Courl nnd any person holding any properly in rust and also includcs a Courl of Wards in respect of property undcr rhe superinrcndence or charge of such Courr; ( 1 3) "prescribed" rncans prescribed by rules made undcr [his Acl; ( 14) "private forest" means a rores~ which is not thc property or the governme men^] or ovcr which thc '[Governmcnt] has no properietnry right: ( 1 5) "RegionaI Fnresr-officer" Illcans a Forest-officer appoinred by the talc] Governmcnt as such by a nolilication for a notified area; (1 6) "river" includcs any slrcam, canal, crcck or othcr channel, nalural or artificial; 'See root-nore 4 on page 3 7. anrc. 'This word within 111c square b n c k c ~ s w u subsrirured lor rhc word "Crown" by p m . 4( I) o f the Adaptxion of h w s Ordcr, 1950. nie West Iler~gnl Private Forests A cf, 1948. [West Ben. Act Prcp~nlion or, and n p ~ a l and revision in rCSp.Cl ur working plans for privilrl: rorcsts. ( Cl~upter Il.-Cu~rs~.n~arion of Private Fotzasrs atrrl Aflore~-tnrio~r of M'oste-lrrrrrls.-Sectiotz 3) (1 7) "timhcr" includes rrccs when d ~ c y have hllcn or have bccn felled, and all wood whcther cul up or fashioned or hol!owcd oul Tor any purpolic or no1; (18) "~ree" includes palms. bamboos, stumps, brushrvood and cancs; (19) "vesrcd forest" nicans a fores~ of which b c con~rol has bccn vcstcd in a Regional Foresr-olficer by a no~ificalion under sub-sec~ion (2) of sccrion 6 or undcr sec~ion 7 or undcr section I I and includcs any forca deemed to be. or rnanagcd 35, n vested Ibrcs! under this ACL; (20) "wale-land" mcnns any wasre-land which is not ~ h c propeny of the '[Govcrn~nent] or over which lhe '[Gnvcmrnent] has no proprietary righl; (21) "worhng plan" means 3 wrilten schcmc for thc management and lreatmenr of a forrsl; and (27) "ycar" means a year beginning on the Is1 day or April. CHAPTER II. Conservation of Private F o ~ ~ t s and Afforestation of lV&e-]ands. 3. ( 1 ) Thc ?[S~atcl Governmcnr may, by notifica~ion, d i rec~ rhal every owncr of a privalc foresl which is no1 a vcsled Forcst, but which is situatcd widun huch area as may be specified in rhe norification, shall preparc in h e prescribcd manner and submit wiihin the pcriod mentiancd in the nolification to Ihc Regional Foresl-oCficcr a working plan for the conservation of such private forest. ' (2) On rhe expiry of the pcriod niendoned in rhc nolification under sub-section ( I), the Regional Forest-ofliccr shall, aRcr considering each working plan submi~tcd l o him under lhat sub-secrion, and a f ~ e r consul~a~ion in lhc manner prescribed with ~ h c Conservator of Foresrs of the foresr cirolc rvilhin which such ioresr is siiuared, by an order in writing, accept the working plan or modify it i n such manner as he may consider necessary or subs[ilute nnolhcr working plan for i ~ . (3) If any owner of such privatc forest does not submit a working plan within the period specified in the notification issued undcr sub-src~ion (I), thc Regional Forcscofficer, may, after consulla~ion in (hc manner prescribcd with he Conservator of Forests of h e forcsl circIc within which such forest is situated, prcpare a working plan in rcspect of such lorcst. 'See iwt-noie 2 on p q c 39, arrtc. 'See fool-notc 4 on pagc 37. f111re. T l ~ e \Y~sr Bengal Private Foresrs Act, 1948. XIV of 1948.1 (4) When theRegional Forcsl-officcr by an order in writing modifies any rvorking plan under sub-seclion (2) or subslitutes anothcr working plan undcr that sub-section for thc working plan submit~zd under sub-seclion ( I ) , he shall causc a copy of such order lo be scrvcd in the prescribed lnanncr upon the owner of such privarc foresl to which such rvorking plan relaws and such owner may, wilhin sixty days of thc dalc of service of such order, appeal agnins! such order lo the Appcllatc Committee and L ~ C Appellare Commir~cc m:ly thereupon, after giving such owncr an opporlunily of being hcxd, by an order in wiling, cithcr accept thc working plan with or wilhoul modificalions or rcjcc~ i~ and the decision o i ~ h c Appellale Commiitcc on every such appcal shaII, subjecl 10 Ihc provisions of sub-section (51, bc final. (5) Thc Board of Revcnuc may, on application by an owncr of a privatc rorcsl for revision of an order of Lhe Appellate C o m m i ~ ~ c c passed i n appcal under sub-section (4), and if such application is madc within lhirly days Crom thc dale of [he ordcr, call for thc rccord of [he appcal in which thc ordcr was passed and on reccipl of such record, a k r giving such owner an gpportuni~y of bcing heard, may, if it docs no1 see fit lo rejec~ thc applicarion, direcl thc Appcllate Commiiree by an ordcr in wr i~ng LO mnkc such modificalions in the working pIan acccplcd by the said Committce under sub-section (4) as may be specifjed in such order in writing. (6) The Board of Revcnuc shall. as soon as may bc aficr an applicalion Tor rcvision is disposed of undcr rub-seclion ( S ) , communica~c the order passcd by it on such applicarion to the Appellarc Commirtce, and on rcccipt of such order [hc Appellale Commiltce shall, whcrc the Board of Kcvcnue has direclcd any rnodificadon to bc madc in such working plan, modiry i~ accordingly. 4. ( I ) When [he Appcllate Committee accepls any working plan wih or wirhout modifica~ion under sub-seclion (4) of scclion 3, or rndifies Appmvcd working any working plan under sub-scc~ion (6) of il~e said section, or the Regional plms, Forest-officer noccpts, modifies or subsritures any working plan under [he said scctian, or preparcs any working plan undcr h c said section, such Comn~iltze or oiliocr shall by an order in writing approve such working plan or [he working plan as so modified by thc Commitlee or such officer, as thc case may be, and every working plan so approved shall be deemed for the purposes of this ACI lo be an approved working plan: Provided [ha( thc Regional Foresl-orficcr shall not so approvc any working plan thal hc has modified or subs~iwted by an order undcr sub-seclion (2) of seclion 3 if, (a) an appcal against [he order has bccn made to lhe Appcllalc Cornmillee; or The WPSI Bellgo1 Ptivare Forcsrs Act, 1938. [West Ben. Act (b) where no such appeal has bccn madc, rhc time within which suuh appcal may bc madc has not cxpircd: Providcd further [hat thc Appellate Cornmillee shall not so approve any working plan accep~ed by i t wirh or without modification by nn ordcr undcr sub-section (4) of section 3 if, (a) where an application For revision of ~ h c order has bccn nlarlc lo thc Board of Rcvenue, the order of the Board of Revenue on such application has nor hccn rcccivcd by such Com~niucc; or (b) whcrc no such applicadon for revision has been made, the time wirhin which such application may be made has not expired. (2) A copy of cvcry approved working plan shall be sent in [he prescribed manner by [he Regional Forcsl-ofliccr ro thc owncr of h c privatc Corcsi to which it reIates and the owner shall rhereupon manage suuh lorcs~ in nccordancc wilh such plan and shall carry oul all h e lerms and condiuons [hereof. (3) At any rime after five years horn rhc-dalc of approval of a working plan under sub-section (11, or will1 the previous sanction of the '[State] Governmenr at any lime within thc said pcriod of five ycars, il Rcginnal Forcsr-c~fficcr may, artcr consullation in [he manner prescribed wirh the Conservator of Fores[s of thc rorcsl circle wilhin which the foresl lo which such working plan relales is situared, by an order in wriling, modi Fy the approved working plan in such manncr as hc considers ncccssary and lhe provisions of sub-secrions (4), (5) and (6) of section 3 and sub-sections (1) and (2) or this scction shall apply lo cvcry plan so modified: Provided tllat nothing i n [his section shall prevent [he owner aftcr [he expiry of thc said period of fivc ycars from applying in writing to thc Rcgionnl Forcst-orficcr [or thc modification of the working plan in such manner as inay be specified in [he applica~ion and if rhc Regional Forest-officer, after giving rhe owner an opportunity of bcing hcard, docs not sec lit aftcr such consul~a!ion as aioresaid so lo modiFy ihe working plan, he shall record an order to that effec~ and the owner may wirhin thirty days ir'mm rhc dare or such ordcr appcal againsl such order to Ihe Appellate Coimnilree and an application for revision shall also lic to the Board of Revenue from any ordcr passcd by lhc Appellaic Commirtcc on such appcal if prcscnlcd wirhin lhirty days lrom rhc date of such order and rhe dccision of ~ h c Appcllarc Commirree on such appeal shall, subject to such revision by the Board oTRcvcnuc, be final. 'Set fool-noic 4 on page 37. ( it ire. XIV of 1948.1 5. Arrer the publication of a notification under sub-seclion (1) of seclion 3, no owncr or :I privare forest in the no~ified area shall enler inlo any new lcasc or cxrcnd thc tcm of any cxisling lcasc in rcspect of such forzst until the working plan in rcspcc~ of such rorcst has hecn approved under sub-seclion ( 1 ) of scciion 4 zxccpt will1 I ~ I C prcvious sanction of [he '[S~ale] Govern~i~et~r and, rifler such working pIan has been so approved, excepl in accordance wir11 tlie rcrms and cortditions of such plan and any Icusc cntcrcd i n ~ u or any cxtcnaion of the i r r n i of any lcasc granlcd in conrravcnrion or ~ h c p~c~viaic~n> of [his scction shall, no~wirhs~anding anything con~aincd in any othcr I A W far rhe ~ i m c bcing in force, bc void and hnvc no crrccr. '5A. ( I ) After [he publication of a nolif ica~ioa under sub sccrion ( I ) of scclion 3, no owncr uf ;I privii~c forcst in thc notified area or o ~ h e r person shall fell or cause 10 be felled or retnove or causc ro bc rcmovcd horn such rurcs~ nny lrce or lrecs until the working plan in respec[ of such Iorcs~ has bccn approvcd undcr sub-scction ( I ) of seclion 4 excepl aficr ob~aining in wri~ing, and in accordnncc wirh, the pre\,ious permission of thc Rcgional Fords1 Orficcr in this belialf. Pruh~b~riun 01 lcaszs md cntcnlion or lurnrroi cxisring i c a r ; ~ ~ 01 priimalc: I b r c s ~ s nitcr issuc of notifioaion undcr sccrion 311). Proliibirioll oirtlling or nr~noval or I W C ~ O ~ private Tor~Is alter issuc or nu~i[icnrion undcr sccuon 3( 1). (2 ) Any person conlravcning rhc provisions o r sub-sccrion ( I ) shall bc punishable with in~prisonn~ent which may exlend 10 three months or with finc which may extend ro one thousand rupees or wirh both. 6. ( 1 ) Ir after an approved working plan i n respec1 of any private Penally lor lorcnt has bccn rent undcr sub-section (2) of section 4 to ihe owner of FI$it~ such iorcst, such uufncr fails or neglec~s 10 carry out any of [he tertlls and plm. condi~ions of such plno, "or fells or causes ro be fe l led or removes or causes to be removed from such forcsl any rrcc or lrccs in conrritvcnrion o r any or such lerms and conditions,] he shall be punishable '[with i~nprisonmcn~ which may extend lo Ihree months or with fine which may extend lo one rhousand rupecs or with horli]: Providcd t h a ~ .'[, cxcepl where the owner Itas felled or caused to be felled or removcd or cnuscd lo he rcn~ovcd Iram such forest any tree or lrees in con~ravenlion o r any or thc icrrns and conditions of 'See Cool-note 4 on page 37, mrfe. T h i s scction was inserlcd by s. ? or rhc ij1tsr Bcngal Pr iv~rr Forests (Amend rnenr)Acl. 1954 [\Vtsl Sen.Act XX of 1954). 'Thcsc word< within lhc q u m b n c k c ~ s wcrc inscncd by ~ .3 (1 ) [o ) , ;bid. 'Thcsc words within thc square hmclirrs wcrr subslitutcd for I ~ L : wards "with Iinc which~nay exrend ro five hundrcd rujxcs.. by 5- 3( l)(b), il)id. 'These words within rhc squm b n c k c r ~ wcrc in~cncd hy s. 31 I)(c), i l~id. Tile IVest Bellgal Private h r e s ~ s A c ~ , 1948. [VIest Ben. Act (Cf~uptcr I].-Co~iservrrriorr of Priva~c Forests nr~d Ajloresrario of IVuste-ICII 1r1s.-Sectiorr 7.) ~ h c approvcd working pian,] no prosecu~ion shall be jnslilutcd undcr this sub-scclion unlcss thc Rcgional Forest-officer has served in [he prescribed mnnncr a norice an such owner specifying the [errns and conditions or lhc working plan which such owner has failed or neglcclcd lo c,ury out and requiring such owncr to iake such steps for carrying l h e ~ n oul as arc spccificd in thc noticc within thirty days From the date of service of such nolice and unlcss such owncr has failcd lo comply with such notice. (2) IF lhe owner of a private forest is convjctcd a sccond or sub scquenl lime under sub-section (1) for lhe failurc or ncglccl to c q oul any or rhc rcrms and conditions of [he working plan in rcspcct o i such forcsl '[or Tor rclling or causing ro be felled orremoving or causing 10 br removcd from such roresl any rree or bees i n conrnvention of any of suck1 terms and condi~ions], rhc ?[S~atc] Govcrnn~ent may. by a natilicarion, direcl lhnl thc con~rol of such rorcs~ shall be vested in such Regional Forest-officcr for such pcriod as may bc specified in such notification: Providcd that no such nolification shall be issucd until such owner has bccn called upon by nolice in wiling by the Regional Forcsl-officer within sixty days of such conviction to show causc beforc thc Appellate Colnmi~lcc within such time as Inay be specified in ~ h c noricc as LO why such no~ification should not bc ibsued and unlil he Appellate Commirtee, after considcring Ihc causc, i T any, shown by him and any cvidcncc which he may producc in support thcrcor, has recommended to thc ?[SI~IC] Government tllar such notification should bc issucd. (3) Nothing in sub-scction ( I ) shdl render any owner, of any privare fores~ liable to conviction Tor any deviation from any approved working plan if such dcvintion has hccn previously sanctioned by lhc RegionaI Forest-oflicrr on application mndc hy such owner in [hat behalf ro such officer or by the Appellatc Commiucc on an appeal from an order of thc Rcgionat Forest-officer refusing LO sanclion such dcvintion presented-by 111c owncr to such con~mirlee within rhirry days from ihc d a ~ c of such order. \ '~<r i n~ 0 r 7. Notwilhslanding anyrhing conmined in sections 3 and 4 or in IOKSI in a RcSionll sub-scclion (2) of section 6, if the '[State] govern men^ is satisfied that krrsl- (he conscrvation of any privalc rorcsl in n notified area should not be left omrer lo the owncr (hereof, the ?[Stale] Govcrnmcnt may, by a no~ification 'Thcrr ivonls wen: inscncd by s, 3(2) of rhc West Bcngnl Rivarc F o r c s ~ (Alncnd rncnl) Acl. 1954 (\Vest Ben. Act XX of 1954). !See root-note 4 on page 31. OII!~. The \Vest Bertgcrl P),ivuru Forests Act, 1948. XIV of 1948.1 specifying rhc rcasons [or so doing, direcr r h a ~ thc control of such forcsr shall bc vcsred i n such Regional Foresr-oHiccr for such pcriod as may bc specified in the norification: Providcd [hat no such notificauon shal I be issued until, (it) thc Rcgional Forest-oficer has, by notice in wiling, callcd upon rhe owner of such forcst lo shorv cause before the Appellarc Comn~ittcc within such period a5 may hc spcificd in such noucc why he control a i such rorcsi should nor be so vesred, and (b) the Appellate Commitrec aflcr considering Ihe causc, i f any, shown by the owncr nnd any cvidence which the owncr may producc in support of the same has rccommcndcd thar such nurification should bc issued. 8. ( 1 ) Subjcc~ lo rulcs made under [his Act, loans may bc grnnicd Forcsl on rhc rccornrnznda~on of the Appella~e Committcc by such olficcr as may bc empowered in this behalf by rhc '[SLI~C] Govcrn~nenl to any owner of a controtled forest or OF a vcsred rorcst who, in lhz opinion of [he Appcllarc Commiitcc. is likcly to suffer unduly owing to a n y lcmporary reduction of his income resul~ing from any acripn rnkcn under section 4 or sub-sec~ion (2) of section 6 or sccrion 7 or to any owner nf a conrrollcd forcsl ro cnablc such owner ro pay any compen s a ~ i o n payabIe by hinl under sub-section (6) of scclion 10 or sub-section (2) of scctinn 25. (2) An applicarion Tor such n Ivan shall bc made i n the prescribed manncr ~o rhc Appcllarc cornmitrek and shall sI;rle the rollowing par~iculars, namely: (a) thc amounl of thc loan required. (b) thc rcasons lor which i t is ncccssary. and (c) [he period for wllictl ir is required. (3) Afrer considering in the prcscribcd manncr rhc application made under sub-section (2) and any evidence that may bc produced in supporr rhercof, thc Appcllarc Committcc s h ~ l l state in writing its opinion as to !rrhcthcr or not a loan should bc given, and, if i t recommends thc gram of a loan, sh311 rorkvard thc applicnrion lo lhc officer ernpowered under sub-scclion ( I ) with i ts opinion, s r a ~ i n g the reasons for such recornmcndation and specifying ~ h c iollowing parriculars, namely: (a) rhc amount of thc loan that should be gran~ed and he rate or lhc inrcrcst !hat should be charged, (b) rile insralnients in which the loan should he advanced, and (c) [he period afier which and the instalments in which thc loan should be repaid. [West Ben. Act A111Jrarna r ionof~uo or IIIUIS \.tsfcd ~ U X ~ I S undcr one working plm, (Clirtprcr 1I.-Cn11scn~atiw1 of Privare Foresrs u~rtl AfJooresiariotr of ~ ~ ~ s r ~ . - l ~ ~ t r d s . S ~ c ~ i o ~ ~ ~ 9, 10.) .. . (4) Subjccr lo rule5 made u~tdcr this Acl all loans grantcd under sub sccrion ( I ) , all intcrcsts, i l any, ctiargeablc thcrcon and cosrs, if any, incurrcd in g r ~ n t i n g such loans shall, when [hey bccome due, be recovernblc by the Col lec t~r n5 i f lhey were arrears of Innd revenue due in respect ol thc con~rolled forest or rhc vested forest of which the borrowcr was the owncr at [he lime [he loan was granted: Provided Illat no procccdin~ in respccl or any such Vorcs~ undcr ihis sub-scction shall zrfcc~ any interes~ in that fnrcst which exis~cd bclbrc thc date of rhc ordct gri~n~ing rhe loan olhcr than the interesr of rhc borrowcr and of rnortgagccs of< or persons having charges an, the inlerest of thc borrower. 9. ( 1 ) If, afler consultarion in the prcscrihcd manner wilh thc Conscrvalnr of Forcsls or thc forest circle within which the forests arc siluarcd, n Regional Forcsl-officer is of [he opinion ha t it is impossible o~herwisc ro secure [lie consrrvntion of rwo or more lorcsis, helonging lo dirrcrcnt owners, or rvhich rhe conlrol has bccn vested in him by n nodfica!ion under sub-seclion (2) of section 6.or undcr seclion 7, he may record an ordcr [hat such forcsls shall be managedundcrone working plan as if they bclangcd to one owncr, and shall cause a copy of such ordcr to hc sewed in rhc prcscribed manner on thc owner of each such Coresr. (2) The Regional Forcst-officer may at any timc, after consullnrion in thc manner refcrrcd to in sub-section (I). by order i n rvrjling rcscind or modiIy an order passcd by him under (ha1 sub-scction and a copy or cvery order pnsscd under [his sub-scclion shall be served in rhc prescribed rnanncr fin the owncr of each such fores~. (3) Any owner or olhcr pcrson interes~ed i n any such foresls may, wi~hin thirty days from thc dalc on which the copy of any order passcd under sub-section ( 1 ) or sub-section (2) is served on him, appeal againsl such order lo thc Appellate Commirtec and the decision or thc Appcllnlc Commiuec on such appeal shalI, suhjcct lo he provisions of sub-seclion (4), be final. . (4) Thc Board or Rcvcnue may, on application made wirhjn rhirry days from rhc dare of any order of the Appellalc Commiuee passed in appcal under sub-section (3), rcvisc such order. AITox\rllion 10. (1) ?'he '[Slale] Government may, ii i l is satisfied on application DF land ~djn~nhng madc by the owncr of a con~rolled forea, or by thc Regional Forcst ;I rurrst. officcr in whom thc conuol of a private forest is vcslcd under [his Acr. that any land adjoining such forcsl has no1 been cullivated during XIV of 1948.1 rhc rhree ycars immediarcly preceding rhc ycar in which such applica tion is made and rhnr such lnnd is suilable lor niforesta~ion, by ncltificarion. nnnouncc i ~ s intcn~ion to declarc sucll land to bc liable to hc made ovcr to thc owner of such conrrollcd fares1 or vcslcd forest, as the case may bc. (2) Evcv no[ification issued undcr sub-section ( I ) shall spcciry a period within which objections ro the proposcd drclaralion may be suhmirkd by any pcrson intercstcd i n such land to lhe Appellate Cornmillee and :I copy of evcry such notification shall be scrvtld in the prescribed mnnncr on the pcrson en!itlcd ro culuvale such land. (3) Afier Ihc cxpiry of thc pcriod so spccificd in a notificalion issued undcr sub-scction (I), thc Appellare Commiuee shall hear [he objections, if any, suhnii~tcd by [he person cntitled to cullivatc such land or any otlizr pcrson inkrested in such land and any cvidence which any such person may producc in support of thc same and fonvnrd h e objeclions s o subn~itted and ils opinion lhcrcon lo rhc '[State] Govcrnmcnl. (4) If, ahcr considering ~ h c objec~ions and the npinion of the Appellalc Co~nn~i l t ee forwarded under sub-sec~ion (3), thc '[Slate] Governrncnt is of opinion [hat suctl land should be dcclarcd l o be liable to bc made over lo Ihc owner of the controlled or vesrcd forest rcrcrrcd to in sub-sccrion ( I ) , [he 'IStnlcI Governmcnl shall issue a norification (a) declaring such land robe liable 10 bc mndc over lo thc owner of such forest io be specified in thc noti hcarion, (b) specifying as nearly a possihlc the siluarion and limits of such land, and (c) appoinring a F o r e s ~ Settlcmcnl-officer to dctcrmine, suhjccl to any rules made undcr h i s Act, by an order in wriling, (i) what rights in or over such lnnd sball be extinguishcd, and {ii) what rent, ifany, shall be payable by rhc owner of such fores~ to any landlord of such land. (5) When a no~ifrcation has bccn issued under sub-section (4), ~ h c amounL of [he compensation payable under sub-scction (6) la evcry person whose rights as spccihcd by [he Forest Sctllernent-officcr under sub-clausc (i) of clause (c) of sub-sec~ion (4) are [o be extinguishcd shall 'See fool-nole4 on page 37. u n ~ r . Tfje IVesr R ellgul Private F-orcsfs Ac f, 1948. [West Ben. Act be dctcrmined. subjcc~ ro any rulcs made under this Act, in rhr: manner and i n accordance with thc principles hereinnf~cr set our, that is 10 say (i) when [he amount of compensation can hc fixed by the Forcsr Seutemenr+olficer appoinrcd under clausc (c) of sub seciion (4) by ngrccment, it shall bc paid in accordance with sucli agrccmcn t; (ii) whcre no such ilgrcemznl can be reachcd. the '[Sratc) Government shall appoint as arbitmror a pci.;on who has cxerciscd the powers of a District Judge in Wcsl Bengal rrr who possesses such quali ficn~ions asarc normally required for appoinlmcnt to the posr af Dislricr Judge in Wcst Bengal; (i i i) a1 h e commcnccmenr of rhc proceedings bcfore rbe i~rbjmaror [he owner of thc rotest, or rhc Rcgional Forcsl-officer by whom rhc cornpensatian is paynblc, and thc pcrson ro bc conlpensatcd shall slalc what in thcir respeclivc opinions is a fair amount of compensalinn; (iv) ~ h c nrhilrator in making his award shall have regard to [he provisions of sub-scctian (1) of sec~ion 23 of the Land Acquisilion Acr, 1893, so far as \he samc can be rnadc lor 1894. npplicahlc; (v) an appeal shall lic [a rhe High Courl against an award of an arbilrator excepl in cases whcrc the amount hereof does no1 excecd an amount prcscribed in [hi< hehali; (vi) savc as providcd in lhis sub-secuon and in any rulcs made under this Act, no~hing in any law for rhc time bcing in force shall apply to arbitrations under this sub-seclion. (Ci) Tbc amounr of cornpensarion derermined under sub-section (5) shall he paid in the prcscribed manner, in ~hr: case wherc thc notificarion undcr sub-secrion ( I ) was issued on he applicaion of rhc owner of n controlled Foren, by such owncr, and in ihc case wherc such no~iicarion was issued on the applicalion o I n Regional Forcsr-oficcr, by such officer out or [he profils of thc vcsled forcsl adjoining such land. to the pcrson enlitlcd 10 such compensndon and, on paymen1 of such compensuian, rhe land shall bc made ovcr by the Forcsr Settlement-officer appointed under clause (c) or sub-scction (4) ro [he owner of the controlled or ves~ed rorcst specified in ~ h c notification issued undcr thal sub-seclion arld shalI thereupon vesr in such owner and all righls in or over wch land specilicd by the said officcr under sub-clause (i) o l the said clause shall with effecl from hc date on which such land is so made over rhc cxtinguishcd. Tfle \Vest Belrgul Private Foresfs Act, IY48. XIV of 1948.1 (7) When any land is madc over under su b-sccrion (6) to the owner ofa lorzs~, il shall, with crrcct from [he date on which il is so made over, bc deemed to be a priva~c rorcsl. (8) When any such land is madc over under sub-section (6) 10 111e owncr of a vested fores! which adjoins such land, llie cnnlrol of such land shall hc vcstcd in the Regional Forcst-officcr in whom he control or sucll Corest is for [he timc bcing vcsred and the land shall, for dlz purposes of lhis ACI, be deemed to bc a vcstcd rorcsl. (9) Whcn any such land is made ovcr undcr sub-secBon (6) to rhc owner of a conrrollcd rorcst which adjoins such land, thc Regional Forcsr-officer may, after consultation in thc prescribed manner with thc Conservalor of Foresls of the forcsl circle within which such conrrolled Forcs~ is siruarcd, by an order in wiring, n copy of which shall hc scrvcd on such owner in i l~e prescribed mnnncr, e i~her direct thar rhc approvcd working plan in respect or such conrrolled forest shall bc dcclned to be the working plan approvcd for such land under sub-scction ( I ) of section 4 or rcquirc such owner LO preparc in thc prescribed manner and submil within the period to bc mcnrioned in such order lo such officer a working plan in rcsperl of such land. (10) Where the owner of a controlled forcsl is required undcr sub seclion (9) to prepare and submir a working plan in rcspccl or thc land madc ovcr to him under sub-section (61, the provisions olsec~ions 3 and 4 shall apply ID such working plan as if such owner has been requircd to prcparc such working plan undcr sub-section ( I ) of scclion 3. 11. ( I ) If il appears from the reporL of a Rcgional Foresl-oFfrcer ARbrcslnlion lhnt any wastc-land which is lying unculrivaled lor no1 less t11;ln three ofoihcr I d . ycars is suirablc for affores~ation and that ~ h c owncr of such land is unwilling or unable to culrivare it by growing [herein agricultural crops, or lo use il for the purposes or horlicullure lo [he salisfaclion of such officer or to afforest ir, ~ h c L[Srnte] Governmen1 may, by u norifica [ion, direc~ that [he control or such land shall be veslcd in a RcgionaI Forest-officer lo be specified in thc notification for the purposc of afforeslation for such pcriod as may be slated in he norification: Provided that thel[State] Government shall not issue any norilicadon under this sub-section without considering whether or not such land can more advantageously be used far thc purposes of agriculture or horticulture lhan for llie purposc of nfforcsialion: Appunion mcnl of ~ 1 1 ~r u l f0 r tsb hcld undcr a Ir+cjoinlly w~th othcr lands and lhe division of r he lenure or holding co~~~prising a r 0 ~ 1 . Tlre Wesr Bengrrl Privnre Foresrs Acr, 1949. [%Vest Ben. Act Provided funher t h a ~ no such nolificalion shall bc published until a noticc has bccn issued by such Rcgionnl Fnrcst-officer calling upon thc owner of such land and ariy olher person in!crcslcd thcrcin to show causc bcfore the Appclla~c Cornmitree wi~hin such period as may bc specified in ~ h c no~icc why (tie noiilicalion should not be published and unril ~ h c causc, il any. shown and any evidence lhnl may have been produced in support of t hc samc hcrarz [he Appellalc Committee and [he opinion of Ihe Appellarc Commi~lcc it~creon have bccn considcrcd by [he '[Slale] Go \~e r~ i~~ ien t . (2) Any land in rcspcct of which a nolifica~ion has been published undcr suli-sec~ion (1) shall bc dccmcd lo be n vzslcd rorcsl for rhc purposes or this Act. (3) When at1 cxpcnses incurred by ~ h c '[Stale] Government for 111c niforcslation of any such land have bcen rccoupcd, the profils rcsulting from such aforcs~alion shall, during the period thc control of such land rcmnins vesled in n Regional Forest-oficer, bc dividcd in equal sharcs bctwccn the '[Sta~e] Govcrnmenl and the owner of thc [and. 12. ( 1 ) Notwi~ltsrnnding nny~hing contained in any othcr law for the lime bcing in rorce, where a privatc rorcsr or any wasle-land is, at ~ h c date of publicalion of a nolification vcsling ~ h c conlrol thereof in a Rcgional Forest-oficcr undcr sub-seclion (2) of scction 6 or under seclion 7 or undcr section 11, as Ihc casc may be, (a) held undcr n lcase granted by [he owncr of such rorest or land before the dalc or publiculion of such nolificarion, and such lcnsc comprises not only [he arcns included in such fores~ or land but also other areas, or. (b) held by the owncr or such foresr or land as par1 of n lcnurc or holding join~ly with othcr lands, IIIZ Coll~ctor of the dislricr mily, on applicalion made in his behalf by suc11 Rcgional Forest-officer, (i) in [he casc rcfcrred to in clausc (a), by an order in wri~ing, apporlion, subjcc~ to rules made under this Act, the rent payable under the lcasc bctween the areas jncludcd within the vcstcd forest and other arcas comprised within ihl: lease on the basis of thcir respective assets. and (ii) in rhc cnsc referred to in clausc (b), by an order in writing direct the division of such tenure or holding in such manner that a separate lcnurc or holding is formcd with the Iands 'Set r001-noil: 4 on pngc 37, flnfe, (Clrrtp~cr- Il.-Co11~en7a1iorr of Privafc Foresrs a~ i r l A f i t ~ s r a t i o of IVasre-larrds.-S~c~io~~s 13, 14.) includcd within [he veslcd Forest and also direct such dislrihution of [he rent payable in rcspcct of such rcnurc or " 5 SO holding bclween thc rwo separate tcnures or holdin,. fom~ed as hc deenis rair and equilable: Providcd that no order shall bc passed undcr this sub-scction wilhout giving, in thc case of an ordcr passed undcr clause (i) thc lcssor and thc lessee or such forest or land. and in thc case of an ordcr passed undcr clausc (ji) the owncr of such forest or land and [he landlord or landlords, or [heir common agent, i f any, of the [cnurc or I~olding, n rcasonable opp~rlunity of being hcnrd. (2) An appeal shall lic from evcry order passed under suh scction (1) lo tl~c Commissioner of thc Division i f il is presented within rhirty days from thc date of such order and rhc decision or the Co~nmissioncr on such appeal shall bc final and shall nor hc questioned in any Coun. E.cplu/tnrio~i.-In [his sccrion, "lcasc." "lessor" and "iessee" hnvc ! IV o f 1 SF?. lhc same meanings as i n the Transrcr oTProperly Acr. 1882, and "tcnure" V[l l or and "holdin?" have the samc meanings as in Lhc Bengal Tcnancy Acr, 1865. 1885. 13. Wherc a private forest ar waste-land of which the conrrol Rcnl ~ o b z ; ~ llsr becn vesled in a Regional Forerl-officer by a nncificntion under sub-seclion (2) of scc~ion 6 or under scclion 7 or undcr sec~ion 1 I is, at inlcrcsllna h e dare or publicn~ion of such no~ification, held cither exclusively or 'cs'cdrol-esl joinlly w i ~ h olhcr property undcr a lease grantcd by the owncr of such furcsl or land before such date, the rent payable undcr lhc lease or under an order of appoinlmcnr made undcr clause (i) or sub-section (1) of section 12 in rcspcct of such forcsl or land during the period such forest w land rcmains so vested in' thc Regional Furcst-officer shall, subject ro lllc prior payment of lhc land-revenuc, i T any, due to the Govcrnmcn; thereupon, he a first charge upon the leasehold inlcrcsr in such forest crealed by such lease. 14. Thc ' [ S I ~ I ~ ] Governrncnl may, if i t thinks i~ expedicn~, direcl Powrr~u the Collecror ro parlition ofr [ha[ p d o l an eslale which comprises a ~ ~ ~ ~ f a w 5 1 . . . . . . vesied fores~ into a scparaiz eslate; and h e denland in rcspecl or land- r o b formed revcnuc and cesr lor which the original ertac was liable shall on z;!lc such putition be assessed upon and divided belwccn the ~ w o sepzunle c w c . estarcs so h ~ n e b respecuvely in such manner as ~ h c '[S~ale] Govcrnmen~ may dircc~. ~oivc i ro csclupr .ul 2N:llt: or wllitha ves1r.3 forcsl lonit\ pan imm snlc Tor m m or rtt'tnuc. Tlre CVcsr Bellgal Private Foresrs Act, 1948. [West Bcn. Act 15. Thc '[S!atz] Government may, if ir so considers expedient, by n notification, cxernpt any cslale, any subjecl lo thc provisions of sec~ion 14 of 111c Bcngal Land-rcvenue Sales Act, 1859, every share or parl of an xr ,r 1 8 ~ 9 , carale for which a scpariile account has been opcned undcr scclion 10, or sccrion 11 or the said ACI, or undcr sccrion 70 of [he Land Rcgis~ration ACI. 1376, of which a vestcd roresl Forms par!, from salc for arrcnrs of BC,,. A C ~ V ~ I Governmcn~ revenuc accruing during [he pcriod [he con~rol of such rorcsi of 'R7G rcmains vcstcd in n Rcgional Foresl-orficer undcr sub-section (2) of section G or undcr scclion 7 or under scclion I 1 or during such part of such pcriod as may be spccilicd in such notification: Provided [hat where ady such esiarc, share or part is so exempicd, aII such arrears o l rcvenue shall he the first charge upon the salc-proceeds of such eslale, shlre or part which may be sold otherwise lhan for such arrears of rcvenuc. k'umirdm 16. ( 1 ) Thc cost 01 any extra s~nfrrcquired Tor the mnnngcmen~ oia 0 ic0s1 or Icl:m;lgr.mcnl ves~ed Iorcs~ in cach year shall be de~errnincd i n rhc picscribed manner ofvc.s"d by the Rcgional Forcsi-oFficer and shall hl: rcoovercd by him in rllat ycar, rurrs~ md dislnbu~ion or i n subscquenr years, frnm thc sale OF the forcsr producc olsuch forcsl. of n c ~ profi~. (2) The cost of the opcrarions of any Foresi Scltlcment-officcr and such par[ of thc cost of a Rcgional Forcsr-ulficer and of his starf as is proportionate to he work done by them in conncclion with the management oC a vested foresl shall bc included i n 111e cosr of rnanagemcn t. (3) Any nnlounr due in respccr of a loan madc under sccdon 8 to lhc owncr of a vcsted foresl shnll be included in [he cosr or managcmenl of such Corcst. (4) Any amount paid as compcnsoiion by thc Regional Forcst-officcr under sub-sccrion (6) of section 10 out of the profits of a vw~cd forest or paid as co~npcnszlrion by the Regional Forew-officcr under sub-scction (2) or sccrion 25, atld lo bc rccouped undcr that sub-scclion from the profits of a veslcd li~rest, shall be incIudcd in ihe c o s ~ of rnanagerncnl of such forcsl. (5) Until olhewisc dcrem~ined by a cornpelcnt Court, thc respective shares or the owners of a vcsted forest shall be dclcnnined by a Forest Set~lemcnt.ofticcr in he prescribed rnanncr, and [hercaflcr, the nct profits in respect of such [ores[. which shall bc calcularcd i n he prescribcd manner, shall be dis~ributed among the various owncrs thereof i n proporlion to their respcctive shares rts so de[crmined. XIV of 1948.1 ( C l ~ n p r ~ ~ r 11.-Corrservotio~~ of Private Forerfs atrd Aflorestario~r of \v'asre-~atrds.-Secrio11~~ 17, 18.) (6) In each year the Regional Forest-ofliccr shall record i n a slalement rhc cost of nlanagernenr wilh which cach vcslcd lorcsr shall be charged and any amounl which shall be paid in respect of the net profils cnlculatcd under sub-sccrion (5) and shall cause a copy of such slalcmcnl to be servcd in rhc prescribed manner on the owner of such forcsl. 17. ( 1 ) Thc l[State] Govcrnmcnt may impose in the prescribcd Imposi~ionoC manner on an acreage basis a ccss on all private foresw within a nuti lied CCSS, area with eFfcct [iom such dale, nor being before the expiry af tcn ycars from the date of publication of a notjfica~ion under section 3, as thc said Governmcnt may uppoin~. (2) Such cess shall be so calcula~ed as lo yicld a sum nor greater than [hat which is sufficienr In rnccl thc cost of the Regional Foresl officer and his staff, including any cxpcnscs incurred in connection w i h thcir work lo bc dcrrmincd in the prescribcd manner. (3) If, thc Regional Forest-officer or his s~nrf does any work in connccrion with a Governn~en~ forcst, a proponionale deduction shall be made from the cosl of such Rcgional Forcsl-officer and of his staff beforc the cess is calculated under sub-scction (2). (4) Every cess imposed under sub-scction (1) shall be recoverable as ucn. Acr 111 J, public demand undcr the Bcngal Public Demands Recovery Acr, 191 3. 01 1q13. (5) Thc '[Stnle] Govcmmen~ may, by general or special ordcr cxelnpt any private foresi in a notified area from the pay mcnt of any cess in~posed undcr sub-section (1) or of any porlion of such ccss for such period as may be specified i n such ordcr. 18. ( 1 ) If the owner of a vested lorcsl satisfies 1I1e Appellale R c l c x o l Commirrcc- vesied lorcsl l o lhc owner. (a) ar any time afrer [he expiry of filtccn ycars frorn die dare of the noti fication by which thc conlrol of such fore51 has bccn vested in ;I Rcgional Forcst-offjcer, rhat (i) Ihc c o n ~ o l or such foresl may be restorcd to him withou~ undue risk of detriment to its conservaiion, and (ii) thc cost oC i~s management as determined undcr ~ h c provisions of sub-seclion (1) of section 1 6 has been rccovcrcd in full, or (b) a[ any timc aftcr h e expiry of thirty ycars from the date of such no~ificntion, that the cost ofmanagcmenl of such foresr as determined under the provisions of that sub-section has been recovered, the Appellate Committee shall by order direct that with crfcct from a date, ro bc spccificd in such order, [he control oC such hrcst shall cease to bc vesled in the Regional Forest-oficcr: 'See fool-note4 on pagc 37. r r r~ i f . Control md Jcm,lrcation or $.c<\r.d fvmsr. [\frcst Ben. Act Provided 1 1 ~ 1 no such order shall bc made in the casc of any forest, whether any working plan in respect of such lorest I ~ a s been previously approved under section 4 or no[, undI (a) the Appellate Commiucc has by an order cnllcd upon [he owner of such forest 10 picparc in the prescribcd manner and to submil within such period as mny be specified in such order to the Rcgionnl Foresl-officer a working plan in resprcr of such forest, and (b) n working plan has bccn approved in rrspccl of such lorcst i n accordance with the provisions rcferred 10 in sub scclion (2): Provided Funl~cr rhal no such order shall be passed regarding a foresl in respect or which there subsisrs an order passcd undcr sub-sec~ion (1) orscclion 9. unless thc owners of all rhc iorcs~s, in rcspccr of which h e ordcr undcr the said sub-section was passcd, havc satisfied rhc Appellate Comrnilrcc t h a ~ there wi l l be no unduc risk of de t r imen~ lo [he conservation of any of such forcsts if [he conrrol of thc said forcsi ccascs lo hc vesled in thc Regional Forest-officer. (2) Wlicn rhc owner or a rorest bas brcn required undcr thc first proviso to sub-sec~ion ( I ) ro preparc and submila working plan in respcct of such Iorcsr, the provisions OF seclion~ 3 and 4 shall apply to such working plan as if such owncr ha$ bcen required LO prcpare sucli working plan under sub-scclion (1) of sccrion 3. (3) Thc fact that h e conlrol of any forcsl has ceased lo bc vcsted in n Regional Faresl-oFficcr shall nor operarc to rcvive any righl which may havc been exlinguished or modificd by a proclamnrion under scction 25. CHAPTER Ln. Rights in Foresh. 19. When a nolificalion has bccn published i n rcspecl of any rorcsl under sub-section (2) of sec~ion 6 or undcr secuon 7 or under seclion I 1 , the conwol of such foresr sltall be vcs~ed in the Rcgional Forest-oficcr, who shall Iorrhwirh procccd lo deniarcarc i ~ . 2U. ( I ) A Forcsl Settlemeni-officer shall bc appointed by r l ~ c '[Stare] Governrncnt in rcspccl of every forcsi of wluch the control is vcstcd in a Regional Forest-off~cer by a norificn~ion under sub-section (2) or swtion 6 or under sccrion 7 or under secuon 1 1 , and may bc appoinred in respccr of any con~rollcd rores~ on he npplicalion made in this behalf to [he '[Slate] Governt~lcnl by irs owncr. 'Star rml-nolc 4 on page 37. ntrrc. The \Vest Bengnl Privnre Forests Acf. 1948. (2) Such appoinrmenl shall be made by a nodfication specifying in '- such noriiicalion, as nearly as may be possible, [he situation and limits of such forest. 21. Afler [lie issue of a norificalion under section 20, no righr shall be acquired in or over the land comprised in such notilica~ion, cxccpt by succession or undcr grant or conlrac! in writing madc or cn~crcd inlo, with thc previous snncrion of thc '[Sralc] Governmen[, by or on behalf of the owner or sorne person in whom such right was vested when rhc nolification was issued; and so fresh clearings lor cullivnlion or for any other purpose, and cutring, convcrsion or rcrnovnl of timbcr or thc collection, manuFacturc or removal oiolher forcsl-praducc, shall be made in such land cxocpt in accordance with such rules. if any, as may be medc by rhc I[Srarc] Govcrnmenl in [his behalf. 22. (1) The Forest Seltlemenl-officcr shall publish in lhc neighbourhood of the forest in respect of which he has bccn nppojntcd, n proclamation in Bcngali and, if any olhcr language has been prescribed in [his behalf for [he local area in which such forcst is situarcd, alsc~ in such other language (a) spccirying, as nearly as possible, [he siluarion and limirs of such forest; (b) explaining rhe measures proposcd Ibr, and Ihc conscqucnccs which will cnsuc on, rhc conscrvndon or such forcsr; and (c) requiring cvery person who claims any right, olhcr rhnn a righr oi ownership, ovcr such Ibrcsl or ovcr any forcst producc from such forcst, lo givc to such Forest Setrlernenl officer, wi~hin a period of not lcss rhan ~hrcc months ro bc stntcd in rhc proclamnlion, pardculars, cirhcr in wri~ing or by word of moulh, of sucli rig111 and die amount and n a m e of the compcnsalion, if any, clnimcd in rcspcct ~hcrcof. (3) Thc Forest S~rrlcrncnt~officcr shall ~ n k c down in writing all sra!cmcnls mndc by word ofmoulh undcr clnusc (c) of sub-scclion (1). 23. ( 1 ) Thc Forcsl Scttlcmcnr-officer shall a1 some convenienl place inquire into d1.e exislence of any righ~s which are claimed under clausc (c) of sub-secrion (1) of section 22 or which may be ascerlained by him horn any o~her source. Inquiry by F;orL<I Serllemnr ofliccr, (2) Thc Forcsr Sctrlcmcnt-officer shall givc a hcaring ro rhc Rcgional Forest-oficer or an orficcr authoriscd by such Rcgional Foresl-officer in writing, in this behalf, to sa~isfy himself as to the necessity of modifying or extinguishing any right in the inierests of the conservation of the rorcst. [West Ben. Act 24. For [he purposc of such inquiry, the Forcst Scitlement-officer may cxcrciqe rhe following powcrs, h a t is 10 .cay: (a) powcr to cnter, by himsclf or by any officer aurhoriscd by him Tor he purpose, upon any land, and to survey, dernarca~e and make a map of lhe samc; and (b) the powcrs of a Civil Coun i n 111e lrial or suits. 25. ( I ) After complc~ion of the inquiry under sec~ion 23, rhc Forest Sc~rlcmcnl-oflicer shall. by an ordcr in wriiing (a) record the nnturc or fie rights exisung a~ the limc OF [he notificalion under scction 20, and (b) dirccr {he modificalion orcxrincrion of any such righl, orhcr than a r i g h ~ ~Fawnzrship, i n ~ h c intcrcs~s or he conservalion of [he forcsr. (2) When the Forcst Sc~lement-officer dirccw undcr clause (b) of sub-seclion ( 1 ) the~nodiiicalion or exrincrion of any righl hc shall, unless rhc pcrson whose righls arc aricctcd has come to an agreement as 10 [he amounl or compcnsatiou payabIe ro him, dctcrniine w h a ~ coinpensation shall be n w ~ d c d lo such person, and rhc nmounl or any compensation payabIc undcr this sub-section to any such person shall be paid in thc prescribed manncr, in the case where the iorcst ro which sucl~ r igh~ relarcs is a controlled forest, by h e owncr of such Ibrcsr, and in [he casc whcrc such Corcsl is a vcsled foresr. by hl: RcgionaI Foresr-oFficer in whom thc control of such forest is vested under [his Act and cvcry payment so mndc by the Regional Forest-officer shall be recoupcd from the profils of the vested foresl 10 which such righr relates as part of thc cost of managcmcnt of such forest. 26. (1) An appeal may be presenrcd against any order made undcr section 25 wirhin ninely days Irom thc dale O F such order lo thc Comnlissioncr of he Division by an owncr of a forest or by a Regianal Forest-oFFiccr or by any person who has givcn parriculars of his claims undcr sub-seclion (1) or secrion 22. (2) Every such appeal shall be madc by n pcrition i n wriling and shall bc heard i n accordance with the procedurc lor thc rime being applicable t o [he hearing of appcals in malters re ix ing to land revenue. ' (3) Thc order of h e Commissioner on such appeal shall, suhject to lhe provisions of sub-section (4), bc final. (4) An npplicalion for rcvision shall lie l o the Board of Revenue from ;m ordcr of the Commissioner pi lw~d in appeal undcr h i s scction if it is prclented within thirly days from the dale of such order. (Cl~npfe r Ill.-Righrs itr Forcsrx.--Secriorrs 2 7, 28. Clrup~rr IV-Perrcrlricr m ~ d Prorcrlrrre.-Section 29.) 27. The '[Srate] Governn~ent, or any person who has madc a claim undcr lhis Act, may appoinr any pcrson LO appear, plcad and ncl on i~s or his behalf bcforc 1112 Forcsl Scrilea~enl-ollicer, or any nppel lale or revisional aurhori~y i n llie coursc of any inquiry, appeal or rcvision under this Act or belorc any arbirratar appoin~ed lo dcicrmine any compensation payable under sub-seclion ( 5 ) of seclion 10. 28. (1) I ' hen [lie ~ i m c rvilhin which appeals againsl orders undcr sccdon 25 [nay bc made bas cxpircd and. whcn any such appcal has been made under scction 26, thl: lime within which applications for revision of any ordcr passed in such appeal may be made I~as aIso cxpirrd nnd all applications for revision under sub-sccrion (4) of scctinn 26 llavc been disposed or, rhc Forzsl Sc~rlcrnent-oificcr shall issuc another proclamauon specifying rhc righ~s which may be exercised in respcc~ of thc forcsr regxirdjng whicli any such ordcr under seclion 25 has becn made and also spccirying Lhe dart wilh effccr horn which alI righ~s in respecr of such forest which are nor spccified in such proclamarion shall bc cxlinguished. (2) A vanslarion of such proclamation in BengaIi and, if any othcr language has bccn prescribed in rllis hha l f for the l a d area in which such iores~ is silualed, also in sucll othcr language shall be published in [lie ncighbourhood or such lorest beforl: thc date so specified in such proclamalion. (3) W11h clrect from the date so spccified in such proclamario~l all righrs in respecr of such forcs~ not speciiicd in such proclamarion shall bc cxlinguishzd. CHAPTER IV. Penaltics and Procedure. 29. ( 1) Any person who, (a) Fells, girdles, Iops, raps, or burns any lrcc in a con~rollcd or vestcd rorest or s ~ i p s offhc bark or lcavcs lrom or othcnvise damagcs, any such Iree, (b) quarries any stone, or burns any Iimc or charcoal, or collecrs, subjccrs to any manufacturing process, or removes ,my f~resl producc from n controIled or vested forcsi, (c) brcnks up OF clears for culrivalion or any oihcr purpose any land in a controlled or vested forcsl, (d) sets fire to n conrrollcd or vesled lorest, or kindle? a firc without raking all reasonable precnurions ro prcvenl i ~ s spreading 10 any portion of such foresr, or (e) p e r n ~ i ~ s caule to damage any lree in a controlled or yeriled Corcst. 'See ~ O O L - ~ D I C 4 on page 37, onre. T f ~ e \Ve.~r Bellgal Prirn~e Forests Acl, 1918. I [West Ben. Act shall be punishublc wilh imprisonn~ent for a tern1 which m a y cxlcnd 10 six months, or with fine which may cx~cnd to five hundrcd rupees, or wi111 horh. (2) Any pcrson contravening any rule made undcr this Act, for the contravcnlion of which no spccial pcnalry is provided, shall he punishable wirh i~nprisonmen~ for a tern) which may cx~cnd ro one monlh, or with fine which may cxlcnd lo tive hufldrcd rupees, or w i ~ h both. t~~~position 30. ( 1 ) If i~ i s provcd ro the satisfaction or the Discricl Magismale o r v o l l ~ c r i ~ c Cinc on ttlc that in any veslcd iurcst inh~bilmls (a) any calllc hnvc been permitlcd to lrespass, ill ccnain cxirs. (b) any ~rccs have been fcllcd. girdled, loppcd, tnppcd, burn^, (c) any other forcsr-produce has hecn bum[ or rernovcd, or (d) any land ha?; bccn broken up for any purpose, olhcrwjse than in [he cxcrcisc of any righr in or over such Ibrcsr with in~cnr to cause dcwimcn~ 10 the conscrva~ion of such forcat, and if the Dislrict Magislralc is salisfied alter cnquiry that thc inhabilan~s of any local arcn nrc concerned in [he commission of any such offcnces or are in any way assisting persons in con~nurring such offences, the Districl Magisrate may, by order in writing in which shall bc specified the reasons Tor making such ordcr, impose on the inhabitants of such arcaa collcctive fine which may cxlcnd ro five hundrcd rupees or thrcc rimcs ll~e valuc cstimalcd by him of any iorcsk-produce damugcd, whichever is grealcr, and may, after such Iurthcr enquiry, as hc dccnis necessary, npporlion such fine arnongsl such inhabitants and such apporrionmcn~ shall be made according 10 thc rcspec~ive mcans of such inllabi~nnu. (7) Evcry order imposing n collcctive f ine undcr sub-section { I ) shall be forthwith published in [he local arca in such manner as the District Mngisrmlc considers hest calculnred ro bring thc ordcr lo [he noticc or !hc inhabitants OF thc xca concerned. (3) Thc Dislrict Magislrate may exempt any pcrson or class or secrion of sucll inhabiranrs horn liability to pay any porlion of such linu. (4 ) Thc porrion of such iinc payable by any pcrson may be rccovcred lroni him as a finc or as a public dcn~nnd undcr the Bengal Rcn.AcllI l or 1913. , . Public Demands Rccovery Acr, 1913. . . . (5) Evcry apporrionnlen~ O F collccrive fine made undcr sub section ( 1 ) shall he suhjcc~ lo revision by he Commissioner of the Divisinn r)n applica~ion made in [hat bchalf to him by any pcrson arl'ccrcd by such apportionn~cnl wilhin thirry days from ~ h c dale on which such apporrionnie~t is rnadc and [he decision or the Comrn~ssioner thcrcon shall bc final. Tillre Wesr B P I I ~ U ~ Private For-esrs Act, 1948. XIV of 1948.1 31. No act shall be an offence for the purposcs of sub-seclion ( I ) of h'olhing sec~ion 29 i f i t is done- in sub sclion ( I ) (a) In thc cxcrcise of any right i n or ovcr such forcs~, or ack done (b) in respec1 of a vcs~cd iorcs~, wilh the permission in wriring in ccna~n or a Forcsi-officer, or C a d > . (c) in rcspecr of a controlled fores~, wilh thc permission i n w r i ~ i n g of ~ h c owner ihereof or of his authoriscd agcnl, or (d) in accordance with rules made under llus Act. 32. ( 1 ) When (here is reason LO bclicvc [hat a forest-offence Seizun:oT has bccn con~mirred in rcspccr or any Foresl-produce, such producc ~~b~~~ logc~hcr with all tools, boats, mntor vehicles, varls or c;lltlc uscd in confisca~ion. cornrnir~ing any such offence, may bc scized by any Forest-officer or Police-dficer. (2) Every officcr scizing any property under [his secrion shall place on such propcrly a mark indicating thar thc snmc has bccn so seized, and shall, as soon as may bc, makc u report of such seizure 10 rllc Ma,' ois~rale having jurisdiction 10 wy thc.olfcnce on account of which ~ h c seizure has bccn madc: Providcd hat, when Lhe oflcndcr is unknown, il shall be sulficicnt if thc nificer makes, as soon as muy be, a report olr l~c circumsrnnccs lo his oflicial superior. 33. Any Foresl-oHiccr oC a rank not inferior lo rhnl or a Rnngcr, ar Porvcrto any Police-orfrccr of a rank not inferior to thar of a Sub-Inspector, who, h'luEC PRpcflY or whosc subordinate, has scizcd any rools, boaw, motor vehjclcs, cans su~~xdundcr or c a l k undcr scction 32, may relcnsc thc samc on he execution by "cLi0n32. rhc owner lhereof of a bond for the produc~ion of the property so reIeased, i f and when so rcquircd. before [lie Magistralc having jurisdic~ion to 11-y thc offence on accounr of which the seizure has heen made. ' 34. Thc Regional Forcsl-officer may cause information Lo be given Inrormati~n to a M;rgis[ra[e regarding any foresl-olfcncc which he has reason to E$sk,,c believe to havc been com~nittcd in respect of any forcsl-produce; and md upon rcccipt of any such informa~ion. Ihc Magistrate shall. will, all fcE,dk~, convenienl dcsparch. rakc such measures as may bc ncccssary for the arrest and [rial or the offcndcr and the disposal of rhc properly according 10 law. Nolicc 10 c la i l lm~\ r j i ~ t j ~ i r l rvnrhl producc. l'lre \Vest Bungal Private Forcsrs Acr. 1948. [West Bcn. Act 35. (1) I f a Regional Forest-oficer has nor caused information to be givcn ro 21 Magistrate undcr scction 34 in resprcr of any forest-prpducc scizcd undcr sub-secrion ( I ) uf hcclion 32, hc shall, if tllcre is any doubr as ro thc ricrson who is cnrillcd to such producc. cause a nolice to bc puhlishcd in sucll manner as )nay bc prescribed conmining a description of such prtlducc and requiring any person who may clainl the samc to prcscnr n wri~ren staicrncnl of his claim 10 him w i ~ h i n such pcriod as miiy hc specilied in such notice. (2) If only onc such siatement o lda im is prescn~ed in rcspcct of any such foresl-producc, [he Regional Farcsl-officer shall, aficr making such inquiry as l ~ z illinks f i r and recordin2 his rcnsons i n ntriling, cithcr rcjcc~ rhc claim or dclivcr rhc produce to the claimant. (3) I i more than onc such slalemenr of cIaim is presented, rhc Rcpional Foresl-ofliccr may, afler making such inquiry as he thinks fit and after rccording his reasous in writing, cither deliver h c forcst-produce 10 sucll of thc pcrsons as hc considers ro be en~illcd thcrclu ar refer [he claimams rtl thc Civil Courl and rclain such prod-uce pcnding rcceipt of an order from !hc Civil Court for its disposal. (4) Any person whost: claim has becn rcjcctcd under [his scclion may. within lhree n~onlhs from [he date of rcjjccrion of such claim, insirutr a suit to rccover possession of the fares1 producc clnin~ed by him; b u ~ no person shall bc cnlilled lo rzcovcr any conipznsalion or cosis agninsl the lLSia~c] Govcmnient, or agains~ any Forest-officer, on accounr of rejcclion of such claim, or on accounl of the de~enlion or rcrnoval of any forcsl producc. or [he delivcry thcreol to any othcr pcrson under thus scclion. (5 ) No such foresr-producc shall be subjecr ro any process of any Civil, Criminal or Rcvcnuc Caurt unlil it has bccn delivered, or a suir has bccn instiluled as provided in this scc~ion. 36. If no slatemcrll of clainl is prescnlcd in respect of any such foresl-produce after a noticc has been published under sub-section (1) of section 35, clr i f a person whose claim has bccn rcjccled under ha r sculion oinirs to insli lu~c a suil under sub-scc~ion (3) [hereof, ihc ownership oI' such foresr-produuc shall vest in rhc '[Statel Government free from 1111 encumbrances, or, when such rorest-product has hccn dclivcrcd to any pcrson under sub-scclion (3) of ha t section, in such person frcc rronl all encumbrances not crcalcd hy such person. XIV of 1948.1 (Cl~rrptcr IY-Penalries ond PI-uccrirtrc. S e c t i m 37-42.) 37. [ I ) Any rarest-produce in rcspccl or which rr forest-olfencc has Disposal or ' been co~nmi[ted and infurmalion l~vs been given tu a Mugislnre under ~ ~ ~ f l s a r l r r scction 34 shall, on rhc conclusion of the (rial for such offcncc, be made inromi:u~on ovcr 10 thc owner of [he lorcsl rrorn which il was derived or to any othcr hxbccn civcn ultdcr pcrson whom [he Magisunrc detrns to he enlirled lo rhe sntnc: kcl ion 31. Providcd [hat, i f il is fior known from which forzsi such producc was derived, such rorcsr-produce and all 1001s. boau, molor vehicles, caris and caltlc used in cornmilring such foresl-offtncc shnll bc liable to con fiscalion. (2) Such confiscation may bc in addirion to any oltier punishlncnl which may bc awardcd under [his Act for such orfcncc. 38. When the trial of any rorcsl-c~lliuer is concluded, any filrcsl producc i n rcspecl of which such otl'cncc has bccn commi~~ed shall, if ir has bccn confiscated, be laken char:c of by a Forcsl-oFficer. 39. When he ofrcndcr connol be found. [hc Magistra~c may. if he finds that an offence has bccn commirted, order i l~e propcrly in rcspecl of which rhc orfcncc has been commii[cd lo bc contiscaled and lakcn chargc of by ihe Regional Forcsl-officer, or ro be made ovcr ro thc pcrson whom thc Magislrate derrns to bc cntitlcd tn the same: Provided rhar no such ordcr shnll bc made until [he expiry or oflc month i'rorn thc date of seizing such propcrty, or w i ~ h o u ~ hearing lhr person, if any, cIaiming any righl rherera, and the evidcncc i f nny, which hc may produce i n supporl of his clnim. Disposal of conlismrcd proprdy on conclu~ion of trial. Ymc<dun: whcnofkncl~r cmnul k found. 40. Tl~r Magislralc may, notwithstanding anything hcreinafter P m c c d u ~ ~ r conraincd, dircct the sale or any propcrty seizcd undcr srcdon 32 and ' o ~ n ' h " ' ' p lorny subjecr LO speedy and natural dccay, and may deal will1 [he procccds ,iWdunder as he would have dcalr wilh such properly if ir had noi hccn sold. sccrion 31. 41. The oficer who mndc [he seizure undcr scclion 32, or any of his Appcalfmrn official superiors, or any person claiming to hc in~crcslcd in [he property :::;,";;; so scizcd, may, wittiin onc monlh rrum rhe date of any ordcr passcd by 3tc,ion 39, [he Magisrr~tc under section 37 or scotion 39, appcal therefrom LO thc Court 10 which orders madc by such Magistrate are ordinarily appealable, and lhc ordcr passed on such appcul shall be final. 42. When an ordcr for the confiscation of any propcny has been Pmpny passcd undcr scclion 37 or scciion 39, as the case may be. and thc pcriod ~~~~~ limited by scclicln 41 for an appcal from such order has expired, and no G ~ , . ~ ~ ~ ~ , , such appeal has bccn preferred, or whcn. on such an appeal being prcfcrrcd, the Appellarc Court confimls such order in rcspccr of the whole or a poruon of such propcrty, such property or such porlion thereof. 35 the case may bc, sl ia l l vest in !hc '[S~aicl Governmen1 frce from ill1 cncu~~lbranccs. T l ~ c Wcsr Berrgol Privare Forests Act, 1948. [West Ben. Act S S V @ ~ 43. Nolhing hcrcinbcforc con~aincd shall be deemed to prevent any p o i ~ i r l o TCICL* ofriccr cmpowcrcd in [his behalf by the '[S[a[e] Governmenl from I ~ ~ O W dirccling at any lime Lhe immedia~e release or any propcrty scizcd undcr wi/t(I. section 32. Punisluwnl 44. Any Forcsl-orficcr or Police-officer who vexaliousl y and [OF i~mngful SCIZUTC. unncccssarily seizes any properly on pretence of scizing propcrty liablc to confiscation under this Act shall bc punishable with imprisonment for a term which may cx~cnd lo six months, or with Iine which may exlend to fivc hundrcd rupccs, or wirh bolh. Rndiy ror counrcrCci~ lng or dchcing marks on r wcs and ri~nhcr md lor d~cring buundar). mxh. 45. Whocvcr, wirh inten1 LO cause damage or injury lo the public or LO any pcrson, or lo cause wrongful gain as deFined in rhc Indian Pcnal A c ~ XLVof Code 1860. (a) knowingly counterfeils upon any limber or standing lrcc in a conrrolled or vesl lbrest a mark uscd by Forcsr-orficers ro indicate !hat such limber or lree is [he propcrty of [lie Govcmrncn~ or 01 some person, or that i~ may lawfully be cut or rcmoved by some person, or (b) aIlcrs, dcfaces or oblitera~es any such n~ark placed on a rrcc or on timbcr in a conuolled or vesred [orest by or undcr Ihc nuthoriry of n Forcst-oficer, or (c) allcrs, movcs, deslroys or defaces any boundary marl; uf any foresl or was~e-land IO which rhe provisions or this Acl apply or are applied, shall bc punishnblc with imprisonrncn! For a term which may exlend to two ycars. or with finc, or with borh. Powrr to 46. ( 1 ) Any Forcsr-oficcr or Police-rtff~cer u~ay, wirlloul orders from amhr \t,i~houl n Magistratl: and withaut a warrant. arrest any person against whom a \\,arr~nl. rcasonablc suspician exists of his having been concerned in any ioresl offence punisl~able with imprison men^ for one month or upwards undcr ilia Act. (2) Every ofiicer making an arrest under (his secrion shall, wirhou~ unnecessary delay and subject to the provisions OF this Acl LLS lo rclcasc on bond, take or send the person arrcstcd bcforc lhc Magisrmtc having jurisdic~ion in the case or ra thc arficcr-in-charge of the nearest police slalion. P o w r to 47. Any Forcsl-officcr o f n rank not infcrior to h a 1 of a Ranger, who m'cacona or whose subordinate, has arresred any person under the provisions of bond a psrson section 46, may release such person on his executing a bond to appear, if mslcd- and whcn so required, before he Magiskarc having jurisdic~ion in h e casc or bcfore Ihe officer-in-charge or Ihc ncarcsl policc-slalion. Tile Ibsr Bolgal Private Foresrs ACI, 1948. 48. Every Forest-officcr and Police-officcr shall prevcnt, and may Powcrlo ' in~crrere for the purposc of prcvcnting thc commission of any forest ~ ~ ~ m ~ ~ 5 i a n offcncc. orofltnce. 49. The Disuict Magis~rale or any Magislrate o i thc first class ~ o w c r t o ~ r y Acl V or spccioll y e~npowcrcd i n lhir bchalf by llie l[Stalc] Government may try :f;'~,r 1898. summarily, under thc Code of Criminal Procedure, 1898, any forcsl offence punishable with imprisonment for a term no1 exceeding six mond~s, or with fine no1 cxcccding five hundred rupccs, or with both. 50. Whenever n Coun imposcs a fine undcr rhis Acr or confirms in powcrof appeal under this ACL a senlencc or fine or a scnlcnce of which fine COUn10 ordcr forms a p a l , for a rorcsl-offence other lhan an ofrcncc specified in sub- paymen,nl seclion (1) of sec~ion 6 or section 44, Lhe Courl may, when passing rewardsou1 judgcrncn~, order any porlion of the i inc recovered to bc paid 10 thc pcrson whose information Icd to lhe deleclion or [he offence. 51. (1) Thc '[S~ate] Govcrnnienl may, by notification cmpower a Po\crro Forcsl-officer- compound offtnozs. i {a) ro zcccpt from any pcrson again51 wllom a reasonable suspicion cxist that hc has cornmit~cd any foresr-offcnce, orhcr than an oFfencc specified in sub-section ( 1 ) orsection 6, section 44 or section 45, a sum ofmoncy. not exceeding fifty rupccs, by way of compensation for hc offence which such pcrson is s u s p c ~ ~ I to have commiued; and i b ) when any properly of such pcrson has been scizcd, to releisc the same. (2) On the pnymcnl of such sum of money to such officer, ~ h c suspecled person. if in cuslody, shall bc discharged, rhc property, if any, or such pcrson seized shall bc released, and no funher procccdings shall b t rakcn against such person or properly. (3) I Fthe forest-oftence has been committed in rcspccl of a controlled rorcs~, h e amounr of any compensation paid lo a Forest-oiTiccr elnpowered under sub-section ( I ) to accepl such compcnsalion, or such part of such amounL as the Forest-orficcr deems equitable in [he circumstances, may, at the discrc~on of [he Forest-oificcr, be paid lo lhc owner of the conuolled forest; bul Lhc amount of any compcnsation not so paid to the owncr of a controlled rorcs~ and the amount of any compcnsation paid In such a Forest-officcr if thc foresl-iffefencc has been commiucd in respect or a vesred forest shall be paid into he rcvcnues of the '[State]. (4) AForest-officer shall no! bz enipowcrcd under this scclion unless hc is a Farest Orficcr of a mnk not infcrior 10 that of a Ranger. ISee root-norc 4 on pagr. 37. ~ I I I C . 'This word w a subjrirurcd for tlic word "Provincz" by pm. 4(1) or ihc Adaprarion of Laws Ordcr, IQSO. Porrtrof oll icca. Tlre Wext Baltgal Privnre k-oresrs Act, 1948. [Wcst Ben. Act 52. No~wirhsranding anything conraincd in any othcr Act, when in any arm in rcspccr OF wllich thc '[S~alc] Govcrnrnenr has made rulcs undcr clause (b) of suh-secrion (2) of section 41 of [he Indian Foresr Act, xvr of 1927. any person is round lo be moving forcsl-produce without n pass 1927. rroln nn officer duly authorised lo issuc h e samc, [he burden of proof [hat such pcrson has nor con~mitted an offence undcr [his Avr in rcspect of such forcsl-produce shall liz on him. CHAPTER V. 53. ( 1 ) Tllc '[Slate] Ciovcrnmenr may invesr any Rcgioiial Forcsl oriiccr wirli all or any of the rollowing powers [hat is to say: (:\) powcr IO cnter upon any land, or ra aurhorise any o k e r to enlcr thereon wirh servants and workmen. and to survcy, demarcate and make a map of lhc same; (b) [he PDWCTS of a Civil Coun to compd Ihe ailendance of wilnesscs and the production of documenls and malerial objccu; ( c ) power l r l issue a scxch-warrant undcr [he Codc oTCrin~inal Procedurc. 1898; and (d) powcc Lo hold an cnquiry inlo rarest-offences, and, in ~ h c coursc of such enquiry, to receivc and record evidence. (2) Any evidcnce recordcd under clausc (d) of sub-sccrion ( 1 ) shall be admiasihle in any subsequcnr [rial beforc a Magisirale, provided thar i~ has been taken In rhc presence nT the accused pcrson. 54. I t shall be lawful for any oficcr aurhoriscd cilher generally or spccinlly in his bchalf by rhc Regional Forcsr-oficcr to enler wirh his subordinarcs and servants and workmen at any time upon ;my par[ of a controlled forcst for [he purpose o l asccrlaining whcrher [here has been any violation of an approvcd worhng plan and 10 do any other acrs which are in his opinion occcssary for carrying out thc purposes 01 this Act. 55. All Forcst-oFficcrs shall be dccrncd to be public servanls within Act XLV of he mcaning of sccdon 21 01 the Indian Pcnal Code. 1660. 56. No suit shall Iic against any public servant for anything done by him i n good rairh undcr [h is Acr. 'See 1001-no!? -I on pagc 37. rr~lte. The \i$'csf Betrgol Pt-ivl~ te Fores1.7 Act, 19#. XIV of 1948.1 CHAPTER V1, 57. (1) The '[Slale] Governmcnl may make rules' for cllrrying our Potvcrlo ~ h c , purposcs or th is Act. l t l a l ; ~ rulcs. (2) 111 parricular and wirhoul prejudice ro lhe generality of !hc foregoing powcr, the ' [S~a~t] .Govcrnmcn~ may makc rules lo provide for ,711 or any o f rhc following malrcrs, namely: (a) the cuuing, sawing, cnnversion a~td removal or lrccs and rimber, and lhe collcc~ion. manuFaclure and removal of forcsr-producc from conrrolled or vcstcd rorcsts in notified areas; (h) [he granting of Iiccnscs to the inhabitanls of towns and villages i n [he vicinjly of conlrnlled or vested forcsls to ukc ~ c c s . limbcr or orher Iorest-producc for [heir own use and the producrion and rerurn of such licenscs by such persons; (c) !he gnndng of liccnses ro persons lor sclling ur rcmoving rrces or rimber or olhcr forcsl-produce from con~rollcd or vcstcd roresrs for he purposcs of ~radc, hnd the producrion and rclurn of such licenses by such pcrsonh; (d) the payments, iT any, lo be made by the persons mcnlioned in clauses (b) and (c) for pemiission la c u ~ such trccs, nr ro collcc~ and remove such rimbcr or other forest-producc; (e) ihr: o~hcr paymenls, if any, to bc madc by tlunl in respec1 of sucli [rccs, limbcr and produce. and lhc placcs where such payment shall bc madc; (0 thc cxaminalion or rorcst-produce passing our or conwallcd or vcstcd Fnrzs~s in noliiicd arc&%; (g) Lhe clcaring and breaking up oilnnd Tor cullivalion or othcr purposcs i n conrrolled or vrstcd forcs~s in no~ified areas: (h) the prorection from fire of litrtber lying in convollcd or vested forests in nolilicd areas; (i) thc curting or gmss and pasturing of caulc in controlled or vcslcd Ibresrs i n nouiicd arcas; Cj) hunting. shooting, fishing, poisoning water and setring lrips or snares in controlled or ves~ed forcsts, and the killing or cniching of elcphanls in such foresrs in arcns in which lhe V l of 1x79. Elcphanw' Prescrvalion Acr, 1879, is no1 in force; Tor thc iVcs1 Bengal Private Forts15 Kulcs. n i ~ d c under sculion 57. set no~ilica~ion No. 4?04 For., da~cd 7.6.51. published in ~ h c Glcrrrm Gnrcrlc of 195 1 . Pan 1, pngcs 1351 1375, as subscqucnrly al~lended from lirnc ioiirnc. Tlre lVesr Betrgal Private Foresm Acr, 1948. West Ben. Act (Cl~aprer VI. -R~rles.-Sectiorr 57. ) (k) [lie powers and dulics of Forcst-oTficcrs undcr this Act; (1) [he procedure of an Appcllalc Commirlcc rcrcrrcd lo in clause (1) of seclion 2 and the manner in which an owncr of a private forest shall be selected as a membcr of such Appellate Cornmiltee; (m) the procedure of a Board appointed lo perform he functions of a Fores~ Setllement-oFficer referred to in clause (9) of sccrion 2; (n) thc manncr in which the working plan referred to in sub scclion (I) ol scclion 3 shall bc prcparcd, thc consultation referred 10 in sub-sections (2) and (3) of that scclion shall be made and [he copy of [he order referred lo in sub section (4) of llial seclion sllall be served; (0) [he manner in which the approved working plan shall be scnl under sub.scction (2) of seclion 4 and the consultalion rcrcrrcd to in sub-scction (3 ) of [hat section shall be made; (p) h c grant oi loans rclcrrcd to in sub-sccdon ( 1 ) of seclion 8, the manner of making applications for such loans undcr sub-secrion (2) of that section, the manner in which such applications shall be considered and the recovery of such loans and ~ h c inlcrcst and costs in respect thereof under sub-section (4) or thal scction; (q) the manner in w1ucI1 the consultation refemcd l o in sub sections (I) and (2) of seclion 9 sliall be made and copies of thc ordcrs passed undcr the said sub-secrions shall be served; (r) thc manncr i n which thc copy nf n notification issued under sub-scction ( 1 ) of scction I0 shall be scrved under sub-sec~ion (2) of that scction, rhe dererminntion by the F o r e s ~ Stttlemeni-orriccr of rhc mnltcrs spccified i n clause (c) or sub-section (4) of that seclion, the derermina lion of compcnsarion relerred 10 in sub-seclion ( 5 ) of [bat secrion, the maximum amount or an award againsl which no appeal shnll lie under clause (v) of that sub-section the manner of paymcnr of compensation under sub-seclion (6) of [hat seclion, and [he rnanncr in which the consultarion rclerred lo in sub-secdon (9) of chat scction shall bc made, a copy of the order referred lo in [hat sub-secrion shall be scrvcd and the working plan referred to in thai subsection shall bc prepared; (s) h e a p p o r ~ i o n m e n ~ of renL referred lo in clausc (i) of sub-section (1) of secuon 12; Tlae \Vesl Bet~gal Private Foresrs Act, 1948. (r) h e manncr i n which thc cosl af rnanagcment rzfemcd ro in sub-section (1) OF section 16 and the rcspective sh.ues of the olvncrs of a ves~ed rorcsl and the ncl pro fils in rcspecl of such lorcsl referred to in sub-scc~ion (5) of t h a ~ section shall be dclermined or calculated and [he copy of the slatcmcnt rcrerred to in sub-seclion (6) of that scclion shall be served; (u) ~ h c manner in which the cess rcrerred lo in sub-sec~ion (1) of section 17 may be imposed and thc cosls and cxpenses rercrrcd to i n sub-scction (2) of l h a ~ section shall be dclcrmined; (v) [he manner in which the working plan rcferred lo in clause (a) orthc first proviso lo sub-scciion (1) oFscclion 18 shall bc prepared; (w) ihe clearing of land for cultivation or Ibr any other purpose and [he cuuing. convcrsion and rhc rcmoval of limber and the collection, rnanuracrure and rcmoval of olhcr lorest producc rclemd to in scc~ion 2 1 ; (x) the language other than Bengali rcferred 10 in sub scciion (I) of section 22 and in sub-srcrion (2) of scc~ion 28: ( y ) the manner in which the compcnsalion rcfcrred ro in sub section (2) of seclion 25 shall be paid; (2) [he manncr in which the notice reietrcd lo in sub-scclion (1) of scclion 35 shall bc published; (zz) rhc manner in which the forest-produce referred to in sub secrion (3) of sec~ion 60 shall be sold; and (222) the manner or scrvice of noriccs issued under this Acr. (3) In making any rule undcr this section rhe listatc] Governmen[ may provide that a conrravention thcrcof shall bc punishable with irnprjsonrncnl Ibr a term which may exrend to onc month, or wirh fine which may exlend to fivc hundred rupees, or with both. 58. All rulcs made by !hc '[Srate] Government to regulalc [he Applicalion tansit of limber and other lorcst-produce undcr sccuons 41 and 42 of \ ~ ~ ~ ~ n d c r X V l of 1927. the Indian Forcs~ Act, 1927, Tor h a time being in force, shall apply so sccuons~l fur as may bc to ihc tansit of all limber and other fares[-produuc from any privarc forcsl lo whch any of the provisions of this Acl apply. A C ~ . 1927, ~otnnsit orromt prpducc (rum pnrarc ram&, - - - - 'See COOI-noic 4 on page 37, nrlre. Rruovtry o l Inoncy due lo Rr.gion;lI F O I V ~ I - O I ~ ~ L ~ ~ and licn on rorcsl produce for .cwll monc!: I.and ruquirrd undcr~llis Act ru hr: dtvmcd lo be ticcd~~d for3 public purpose undcr 11lc Lnnd Acclukilion Acl, 1874. [West Ben. Act CHAPTER VIT. Miscellaneous. 59. Nortvithslanding anything rlscwhere contained in this ACI, h e '[Stale] Governmcnt may, on applicarion made in this bchalf in wriling by r l ~ c owner of any private ioresr or of any waste-land rcferred to in sub-scction ( 1 ) or s c c ~ i o n I I or. iT rherc bc more Lhan unc awner . . thercol, by rhc owncrs of sharcs therein amounting in the aggrrgatc lo at lcast one-hnlr thcreof, to rllc Collcclor or tbc district i n which such foresl or land is siiuarcd, by a norifica~ion, apply the provisions of this Acr applicablc to vcstcd Forests, subjcct Lo such restriclions or condi~ions as may have bccn dc~crmined by an agreement beween thc said Collcclor and such person or persons, to s&h forcst or land and \hereupon such farcsl or land shall hc manngcd on behalf or such o w n a or owners as a vcs~cd forest in ~ccordancc wirh s u c l ~ provisions by n Resional Furest-oj'filiccr specified in this bchalr by [he LISla~c] 60. (1) All moncy paynbIc lo a Regional Forest-orficcr under this Act or unde r any rulc made undc r this Act. olher than money pay able in respect of the cost or nlanagcmcnl of a vcsrcd f-oral, :lnd all i money payahe la such ofriccr on account of the pricc of any forcsl produce or on accounl of cxpenscs incurred in he execuiion of 111is Act in rcspcc~ of such producc shall, if not paid when duc, he recovcr able as a public demand under rhc Bengal Public Denlands Recovcry Ben. AU I l l Act, 1913. 01 1913. (2) When any such lnoncy is payablc for or i n respect of any iorescproduce, the amount [hcrcof shall br: deemed to bc a rust charge on such produce, and such producc may bc taken posscssian of by ii Rcgional Foret-officcr until such amount has bccn paid. (3) I f sudl amount is no1 paid whcn due, thc Regional Forest officer may sell such producc in [hc prescribed-manner, and aller payment ol' rhe costs of the sale h e procecds [hereof shall be applied first i ~ i discharging such alnounl. (4) Thc surplus, if any, if nor claimed within one ycar from the dare of t t ~ c sale by ~ h c person cnlitled thcrelo, shall be forfci~cd lo [he 2[Govcrnrnenl]. 61. Whcnever i r appears LO thc '[Statc] Governmcn~ Lhar any Iand is required for any d r h c purposes o r this Act, such land sllall bc deemed lo be nccded for n public purpose within the mcaning of seckion 4 of thc Land Acquisilion Acr, I S94. The Wesr Bengal Privare I;ore.~ts Acr, 1968. XIV of 1948.1 62. Sut~ject lo the provisions of this Act and to any rules made :I hereunder, cvcry Rcginnal Fnrcsr-orficcr (a) inay do all such things requisile for rlic propcr managcmcnl of rllc rorcst ~ h c control of which has bccn vcstcd in him under this Act as the owner of such forest might do for its management, and (b) shall in the exercise of his powers and in the performance of his dutics in rclation lo such rorcst bc guidcd by such orders and insrruclions ns may, rrom tirnc to tirnc, bc issucd in this bchalf by the '[Stare] Govcmtncn~. x 'v~ or 1927. 63. ( I ) Secrions 35,36,37 and 38 of the Indian Forcst Act, 1927, in Lhcir application lo Wcsl Bcngnl are hcrcby rcpenlcd. (2) Such repeal shall no1 affect anything done or suffered or any obliga~ion or liability accrued or any penally incurred or any proceed ings commcnccd hck~rc thc commenccmcnt of rhis Act. (3) Any private f o r e s ~ or waste-land held under the control nT a FO~CSI-oTLccr undcr scc~ion 36 of the Indian Forcst Acr, 1927, immc diatzly beforc thc commcnccmcnl or [his Act shall , on such cornmcncement, notwithstanding the repeal of lhe said section, continue to bc so hcld under he control of a Regional Forest-officer under the provisions of lhis Act npplicahic to a vcsred roresl and shall be deemed to bc a vcstcd rorcs! ior rhc putposes or this Acl. (4) All Iands which irnn~ediately before [he commencement of rhis Act wcrc bzing managed as n reserved or a protcctcd foresl under the provisicns of scction 38 of thc India9 Forcsr Acl, 1927, shall, on such commcnccment, notwithstanding the repeal of the said seclion, cominuc to bc manngcd under the provisions of sccdon 59 of this Act as a vested forest subjcc~ 10 such tcrms as may havc bccn mulually ngrced upon belrveen the owner or owncrs of such lands and rhc Collecror, and the application ~nndc undcr sub-scclion ( I ) of ihc said scction 38 by the owner or owners of any such land sball bc dccmcd lo be an applicatic~n made under the said seclion 59. Hcn.~ciX[ 64. The Bengal Privalc Furcsis Acl , 1945. is hcrcby repealed. Rrp.;ll and savings. Rcpcd of Bcn. Aci XI 01 1935.