Bare ActsThe west bengal private forests act, 1948

Section 4

Amendment status not verified — confirm the current text below against the official source.

(1) When the Appellate Committee accepts any working plan •with or without modification under sub- section (4) of section 3, or modifies any working plan under sub-section (6) of the said section, or the Regional Forest- officer accepts, modifies· or substitutes any working plan under the said section, or prepares any working plan under the said section, such Committee or officer shall by an order in writing approve such working plan OT the working plan as so modified by the Committee or such officer, as the case The West Bengal Prate Forests Act, 1948. 5 XIV of 1948.1 (Chapter II.-Conservation of Private Forests and Afforesta- tion of Waste-la.nds.-Section 4.) where an application for revision of the order has been made to the Board of Revenue, the order of the Board of Revenue on such application has not been received by such Committee; or () where no such a.pplication for revision has been made, the time within which such application may be made has not expired. (2) A copy of every approved working plan shall be sent in the prescribed manner by the Regional Forest- officer to the owner of the private forest to which it relates and the owner shall thereupon manage such forest in accordance with such plan and shall carry out all the terms and conditions thereof. (3) At any time after five years from the date of approval of a working plan under sub-section (Z), or with the previous sanction of the Provincial Government at any time within the. said period of five years, a Regional Forest-offer may, after consultation in the manner prescribed with the Conservator of :Forests of the forest circle within which the forest to which such working plan relates is situated, by an order in writing, modify the approved working plan in such manner as he con- siders necessary and the provisions of sub-sections (4), (5) and (6) of section 3 and sub-sections (1) and (2) of this section shall apply to every plan so modified: Provided that nothing in this section shall prevent tho owner after the expiry of the said period of five years from applying in writing to the Regional Forest-ofRcer for the modification of the working plan in such manner as may be specified in the application and if the Regional Forest-officer, after giving the owner an opportunity of being heard, does not see fit after such consultation. as aforesaid so to modify the working plan, he shall record an order to that effect and the owner may within thirty clays from the date of such order appeal against such order to the Appellate Committee and an application for revision shall also lie to the Board of Revenue from any order passed by the Appellate Committee on such appeal if presented within thirty days from the date of such order and the decision of the Appellate Committee on such appeal shall, subject to such revision by the Board of Revenue, be final. may be, and every working plan so approved shall be deemed for the purposes of this Act to be an approved working plan : Provided that the Regional Forest-officer shall not so approve any working plan that he has modified or substi- tuted by an order under sub-section (2) of section 8 if,- (a) an appeal against the order has been made to the Appellate Committee; or (b) where no such appeal has been made, the time within which such appeal may be made has not expired: Provided further that the Appellate Committee shall not so approve any working plan accepted by it with or without modification by an order under sub-section (d) of section & if, (a) Prohibi- tion of leases and extension of terms of exist- ing leases of private forests after issue of notifica- tion under section 3 (1). Penalty for the violation of work- ing plan. 6 The West Bengal Private Forests Act, 1948. [ West Bengal Act (Chapter II.Conservation of Private Forests and Afforest- ation of Waste-lands.Sections 5, 6.) · 5, After the publication of a notification under sub- section (1) of section 8, no owner of a private forest in the notified area shall enter into any new lease or extend the term of any existing lease in respect of such forest until the work- ing plan in respect of such forest has been approved under sub-section (1) 0£ section 4 except with the previous sanction of the Provincial Government and, after such working plan has been so approved, except in accordance with the terms ancl conditions of such plan and any lease entered into or any extension of the term of any lease granted in contravention of the provisions of this section shall, notwithstanding any- thing contained in any other law for the time being in force, be void and have no effect. '