Lawgist18Appeal under section 17
(1) Every appeal under section 17 shall be made by petition in writing, and may be delivered to the Forest Settlement-officer, who shall forward it without delay to the authority competent to hear the same.
(2) If the appeal be to an officer appointed under section 17, it shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to land-revenue.
(3) If the appeal be to the Forest Court, the Court shall fix a day and a convenient place in the neighbourhood of the proposed forest for hearing the appeal, and shall give notice thereof to the parties and shall hear such appeal accordingly.
(4) The order passed on the appeal by such officer or Court, or by the majority of the members of such Court, as the case may be, shall, subject only to revision by the 1[State Government], be final.
STATE AMENDMENT
Uttar Pradesh
Substitution of new section for section 18.--For section 18 of the principal Act, the following shall be substituted, namely--
"18. Appeal under section 17.--(1) Every appeal under section 17 shall be made by or in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the District Judge.
(2) The District Judge may, after giving to the parties an opportunity of being heard, confirm, set aside or modify the order under appeal or remand the case to the Forest Settlement Officer with such direction as he thinks fit.
(3) During the pendency of the appeal the District Judge may, for sufficient cause, stay, on such terms, if any, as he thinks fit, the operation of the order appealed from and pass any incidental or consequential order.
(4) The order passed on the appeal shall, subject to the provisions of section 22, be final."
[Vide Uttar Pradesh Act XXIII of 1965, s. 6]
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1. Subs. by the A.O. 1950, for "Provincial Government".
- 1 Short title and extent
- 2 Interpretation clause
- 3 Power to reserve forests
- 4 Notification by State Government
- 5 Bar of accrual of forest-rights
- 6 Proclamation by Forest Settlement-officer
- 7 Inquiry by Forest Settlement-officer
- 8 Powers of Forest Settlement-officer
- 9 Extinction of rights
- 10 Treatment of claims relating to practice of shifting cultivation
- 11 Power to acquire land over which right is claimed
- 12 Order on claims to rights of pasture or to forest-produce
- 13 Record to be made by Forest Settlement-officer
- 14 Record where he admits claim
- 15 Exercise of rights admitted
- 16 Commutation of rights
- 17 Appeal from order passed under section 11, section 12, section 15 or section 16
- 18 Appeal under section 17
- 19 Pleaders
- 20 Notification declaring forest reserved
- 21 Publication of translation of such notification in neighbourhood of forest
- 22 Power to revise arrangement made under section 15 or section 18
- 23 No right acquired over reserved forest, except as here provided
- 24 Rights not to be alienated without sanction
- 25 Power to stop ways and water-courses in reserved forests
- 26 Acts prohibited in such forests
- 27 Power to declare forest no longer reserved
- 28 Formation of village-forests
- 29 Protected forests
- 30 Power to issue notification reserving trees, etc
- 31 Publication of translation of such notification in neighbourhood
- 32 Power to make rules for protected forests
- 33 Penalties for acts in contravention of notification under section 30 or of rules under section 32
- 34 Nothing in this Chapter to prohibit acts done in certain cases
- 35 Protection of forests for special purposes
- 36 Power to assume management of forests
- 37 Expropriation of forests in certain cases
- 38 Protection of forests at request of owners
- 39 Power to impose duty on timber and other forest-produce
- 40 Limit not to apply to purchase-money or royalty
- 41 Power to make rules to regulate transit of forest-produce
- 41A Powers of Central Government as to movements of timber across customs frontiers
- 42 Penalty for breach of rules made under section 41
- 43 Governments and Forest-officers not liable for damage to forest-produce at depot
- 44 All persons bound to aid in case of accident at depot
- 45 Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly
- 46 Notice to claimants of drift-timber
- 47 Procedure on claim preferred to such timber
- 48 Disposal of unclaimed timber
- 49 Government and its officers not liable for damage to such timber
- 50 Payments to be made by claimant before timber is delivered to him
- 51 Power to make rules and prescribe penalties
- 52 Seizure of property liable to confiscation
- 53 Power to release property seized under section 52
- 54 Procedure thereupon
- 55 Forest-produce, tools, etc., when liable to confiscation
- 56 Disposal, on conclusion of trial for forest-offence, of produce in respect of which it was committed
- 57 Procedure when offender not known, or cannot be found
- 58 Procedure as to perishable property seized under section 52
- 59 Appeal from orders under section .55, section 56 or section 57
- 60 Property when to vest in Government
- 61 Saving of power to release property seized
- 62 Punishment for wrongful seizure
- 63 Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary-marks
- 64 Power to arrest without warrant
- 65 Power to release on a bond a person arrested
- 66 Power to prevent commission of offence
- 67 Power to try offences summarily
- 68 Power to compound offences
- 69 Presumption that forest-produce belongs to Government
- 70 Cattle-trespass Act, 1871, to apply
- 71 Power to alter fines fixed under that Act
- 72 State Government may invest Forest-officers with certain powers
- 73 Forest-officers deemed public servants
- 74 Indemnity for acts done in good faith
- 75 Forest-officers not to trade
- 76 Additional powers to make rules
- 77 Penalties for breach of rules
- 78 Rules when to have force of law
- 79 Persons bound to assist Forest-officers and police-officers
- 80 Management of forests the joint property of Government and other persons
- 81 Failure to perform service for which a share in produce of Government forest is enjoyed
- 82 Recovery of money due to Government
- 83 Lien on forest-produce for such money
- 84 Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894
- 85 Recovery of penalties due under bond
- 85A Saving for rights of Central Government
- 86 [Repealed.]
