The west bengal private forests act, 1948
west-bengal · 1948
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- S. 1(1) This Act may be called the West Bengal Private Short Forests Act, 1948
- S. 2In this Act, unless there is anything repugnant in Definitions the subject or context,- (1) "Appellate Committee" means
- S. 3—
- S. 4Section 4 outlines the approval and modification process for working plans for private forests in West Bengal.
- S. 5—
- S. 6Section 6 penalizes private forest owners for failing to comply with approved working plans and allows the government to take control if they are repeatedly non-compliant.
- S. 7Section 7 allows the Provincial Government to take control of private forests and provides for loans to forest owners affected by conservation measures.
- S. 9Section 9 allows a Regional Forest-officer to manage multiple controlled forests as one if conservation is impossible otherwise, with appeal and revision options.
- S. 12—
- S. 13Where a private forest or waste-land of which the control has been vested in a Regional Forest-officer by a
- S. 14The Provincial Government may, if it
- S. 15Section 15 allows the government to exempt certain estates from sale for revenue arrears if they include vested forests.
- S. 16~
- S. 17Section 17 allows the government to impose a cess on private forests to cover the costs of regional forest officers and staff.
- S. 18Section 18 allows the restoration of control of vested private forests to their owners after 15 years if conservation costs are recovered, and permits cess exemptions for private forests.
- S. 19Section 19 vests control of notified forests in the Regional Forest Officer for demarcation.
- S. 20(1) A
- S. 21Section 21 prohibits unauthorized land clearing, cultivation, and timber removal in notified private forests without government sanction.
- S. 22Section 22 mandates the Forest Settlement-officer to publish a proclamation detailing forest conservation measures and rights, and to investigate and report on any claimed rights.
- S. 23—
- S. 24For the purpose of such inquiry, the Forest Settle- ment-officer may exercise the following
- S. 25(I)·After completion of the inquiry under section 23, see1- the Forest Settlement-officer shall, by an order in writing
- S. 26Appeals
- S. 27The Provincial Government, or any person who has Pleaders
- S. 28'(1) When the time within which appeals against of rights
- S. 29(1) Any person ho, or () (a) fells, girdles, lops, taps, or burns
- S. 3031
- S. 31Section 31 exempts certain activities in private forests from penalties if done with proper permissions or under Act rules.
- S. 32(1) When there is reason to believe that a forest- offence has been committed in respect of any forest-pr,oduce, such pr
- S. 33Any Rorest-offoer of a rank not inferior to that of a Banger, or rany P
- S. 34Section 34 allows Regional Forest Officers to report forest offenses to a Magistrate for arrest and trial.
- S. 35Section 35 outlines procedures for the Regional Forest Officer to handle and dispose of seized forest produce when claimants are uncertain.
- S. 36Section 36 of the West Bengal Private Forests Act, 1948, vests unclaimed or rejected forest produce in the Provincial Government or the deliveree, and allows rejected claimants to sue for possession within three months.
- S. 38Section 38 directs that confiscated forest produce from concluded forest-offence trials be taken by a Forest officer if the offender is not found.
- S. 39Section 39 allows a Magistrate to confiscate and transfer property if the offender is untraceable, after a month and due process.
- S. 40Section 40 allows a magistrate to sell decayed seized property and manage proceeds, while Section 41 permits appeals against such orders.
- S. 41Appeal from orders under section 37 or section 39
- S. 42Section 42 vests confiscated property in the Provincial Government once an appeal period expires or is confirmed by the Appellate Court.
- S. 43Section 43 allows provincial government officers to order immediate release of seized property under section 32.
- S. 44Section penalizes forest or police officers for unlawfully seizing property under this Act with up to six months imprisonment or a fine.
- S. 45Section penalizes counterfeiting or altering forest property or boundary marks with up to two years imprisonment.
- S. 46Power to arrest without warrant
- S. 47Section 47 allows a Forest-officer of a rank not inferior to a Ranger to release an arrested person on bond to appear before a Magistrate or police officer.
- S. 48Power to pi·event commission of offence
- S. 49Section 49 authorizes District Magistrates or empowered first-class Magistrates to summarily try forest offenses punishable by up to six months imprisonment or a fine.
- S. 50Power of Court to order payment of rewards out of fine
- S. 51Power to compound offences
- S. 52Onus of proof
- S. 53(1) The Provincial Government may in-vest any Regional Forest-officer with all or any of the
- S. 54Section 54 allows authorized officers to enter and inspect controlled forests to check for working plan violations.
- S. 55Notice to claimants oR&a forest-produce
- S. 56Indemnity for acts done in good faith
- S. 59The West Bengal Private Forests Act allows the government to apply its provisions to private forests or wastelands, managing them as vested forests.
- S. 61Section 61 allows the Provincial Government to acquire land for the Act's purposes and treats unpaid dues as a first charge on forest produce.
- S. 62Section 62 empowers Regional Forest Officers to manage private forests and follow Provincial Government's orders.
- S. 63Section 63 repeals certain sections of the Indian Forest Repeal Act, 1927 in West Bengal, preserving existing rights and managing former private forests as vested forests under this Act.
- S. 64CHAPTER VII
- S. 1045- ·
- S. 185914 The West Bengal Prate Forests Act, 1948
- S. 1876—
- S. 1894Recovery of money clue to Regional Forest- officer and lien on forest• produce for such money
- S. 1898ie West Bengal Prate Forests Act, 1848
- S. 1913Section penalizes local residents for damaging private forests, allowing the District Magistrate to impose collective fines and apportion them based on means.
- S. 1927Section allows the Provincial Government to make rules for transit of timber and forest produce from private forests, applying Indian Forest Act rules.
- S. 1948;<A [Passed by the W e"'st Bengal, Legislatm·e