Declaration of certain lands as private forests.

§21

Summary

(1) Wherever it appears to the State Government that any tract of land not being the property of Government, contains trees and shrubs, pasture lands and any other land whatsover, and that it should be declared in public interest and for furtherance of the objects of this Act, to be a private forest, the State Government shall publish a notification in the Official Gazette (a) declaring that it is proposed to declare such tract of land to be a private forest ; and (b) specifying, as nearly as possible, the situation and limits of such tract. (2) On the publication of such notification the Collector or any other officer authorised in this behalf by the State Government shall issue a notice to the owner of such tract of land and to all other persons having an interest in such tract of land, calling on them to show cause, within a reasonable period to be specified in such notice, why such declaration should not be made. (3) After hearing the objections, if any, of the owner and other persons and considering any evidence that they may produce in support of the same, the Collector, or as the case may be, the authorised officer shall submit his report to the State Government, along with the objections, proceeding and his opinion whether the tract of land should or should not be declared to be a private forest. (4) After taking into consideration the objections, proceedings and report and the opinion of the Collector, or as the case may be, of the authorised officer, the State Government shall decide, whether such tract of land or any part thereof should or should not be declared to be a private forest, and such decision shall be final. (5) If the State Government decides to declare such tract of land or any part thereof to be a private forest, it shall publish such decision by a notification in the Official Gazette. (6) Upon publication of the notification under sub-section (5), the tract of land in question or any part thereof shall be deemed to be private forest, and thereupon, all the provisions of this Act shall apply thereto, subject to the modification that the appointed day in relation thereto shall be deemed to be the date of the issue and publication of the notification in the Official Gazette under sub-section (5) in relation thereto. (7) If the State Government decides not to declare such tract of land or any part thereof to be a private forest, it shall communicate its decision to all persons interested in such tract of land or any part thereof. (8) On the publication of a notification under sub-section (1) in respect of any tract of land, it shall not be lawful for the owner of such tract of land or any other person to do therein, except with the previous permission in writing of the Divisional Forest Officer, any of the following things. for a period of one year from the date of such publication, or till the date of the publication of the notification under sub-section (5), or as the case may be, till the date of communicating the decision under sub-section (7), whichever period expires earlier, namely :- (a) the breaking up or cleaning of the land for cultivation ; (b) the pasturing of cattle ; (c) the firing or cleaning of the vegetation ; (d) the girding, tapping or burning of any tree or the stripping off the back or leaves from any tree : (e) the lopping and pollarding of tree ; (f) the cutting, sawing, conversion and removal of trees and timber ; or (g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manufacturing process. (9) If any person contravenes the provisions of sub-section (8), he shall, on conviction. be punished with imprisonment for a term which may extend to six months or with fine or with both.

(1) Wherever it appears to the State Government that any tract of land not being the property of Government, contains trees and shrubs, pasture lands and any other land whatsover, and that it should be declared in public interest and for furtherance of the objects of this Act, to be a private forest, the State Government shall publish a notification in the Official Gazette (a) declaring that it is proposed to declare such tract of land to be a private forest ; and (b) specifying, as nearly as possible, the situation and limits of such tract. (2) On the publication of such notification the Collector or any other officer authorised in this behalf by the State Government shall issue a notice to the owner of such tract of land and to all other persons having an interest in such tract of land, calling on them to show cause, within a reasonable period to be specified in such notice, why such declaration should not be made. (3) After hearing the objections, if any, of the owner and other persons and considering any evidence that they may produce in support of the same, the Collector, or as the case may be, the authorised officer shall submit his report to the State Government, along with the objections, proceeding and his opinion whether the tract of land should or should not be declared to be a private forest. (4) After taking into consideration the objections, proceedings and report and the opinion of the Collector, or as the case may be, of the authorised officer, the State Government shall decide, whether such tract of land or any part thereof should or should not be declared to be a private forest, and such decision shall be final. (5) If the State Government decides to declare such tract of land or any part thereof to be a private forest, it shall publish such decision by a notification in the Official Gazette. (6) Upon publication of the notification under sub-section (5), the tract of land in question or any part thereof shall be deemed to be private forest, and thereupon, all the provisions of this Act shall apply thereto, subject to the modification that the appointed day in relation thereto shall be deemed to be the date of the issue and publication of the notification in the Official Gazette under sub-section (5) in relation thereto. (7) If the State Government decides not to declare such tract of land or any part thereof to be a private forest, it shall communicate its decision to all persons interested in such tract of land or any part thereof. (8) On the publication of a notification under sub-section (1) in respect of any tract of land, it shall not be lawful for the owner of such tract of land or any other person to do therein, except with the previous permission in writing of the Divisional Forest Officer, any of the following things. for a period of one year from the date of such publication, or till the date of the publication of the notification under sub-section (5), or as the case may be, till the date of communicating the decision under sub-section (7), whichever period expires earlier, namely :- (a) the breaking up or cleaning of the land for cultivation ; (b) the pasturing of cattle ; (c) the firing or cleaning of the vegetation ; (d) the girding, tapping or burning of any tree or the stripping off the back or leaves from any tree : (e) the lopping and pollarding of tree ; (f) the cutting, sawing, conversion and removal of trees and timber ; or (g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manufacturing process. (9) If any person contravenes the provisions of sub-section (8), he shall, on conviction. be punished with imprisonment for a term which may extend to six months or with fine or with both.

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