Amendment status not verified — confirm the current text below against the official source.
(1) 1, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within which the forests are situated, a Regional Forest-officer is of the opinion that it is impossible otherwise to secure the con- servation of two or more forests, belonging to different. owners, of which the control has been vested in him by a notification under sub-section (2) of section 6 or under section 7, he may record an order that such forests shall be managed under one working plan as if they belonged to one owner, and shall cause a copy of such order to be served in the prescribed manner on the owner of each such forest. (2) The Regional Forest-officer may at any time, after consultation in the manner referred to in sub-section (Z), by order in writing rescind or modify an order passed by him under that sub-section and a copy of every order passed under this sub-section shall be served in the prescribed manner on . the owner of each such forest. Amalga- mation of two or more vested forests under one working plan. Afforesta- tion of land ad- joining a forest. (3) Any owner or other person interested in any such forests may, within thirty days from the date on which the copy of any ordei· passed under sub-section (1) or sub-section (2) is served on him, appeal against such order to the Appel- late Committee and the decision of the Appellate Committee on such appeal shail, subject to the provisions of sub-section (4), be final. (4) The Board of Revenue may, on application made within thirty days from the date of any order of the Appel- late Committee passed in appeal under sub-section (3), revise such order. 10, (1) The Provincial Government may, if it is satisfied on application made by the owner of a controlled forest, or by the Regional Forest-offiper in whom the control of a private forest is vested under this Act, that any land adjoin- ing such forest has not been cultivated during the three years immediately preceding the year in which such application is made and that such land is suitable for afforestation, by notification, announce its intention to declare such land to. be liable to be made over to the owner of such controlled forest or vested forest, as the case may be. The West Bengal Private Forests Act, 1948.° 9 XIV or 1948.1 " (Chapter II.Conservation of Private Forests and ·Afforest- ation of Waste-lands.Section 10.) (2) Every notification issued under sub-section (1) shall specify a period within which objections to the proposed declaration may be submitted by any person interested in such land to the Appellate Committee and a copy of every such notification shall be served in the ·prescribed manner on the person entitled to cultivate such land. ' (3) After the expiry of the period so specified in a noti- fication issued under sub-section (1), the Appellate Com- mittee shall hear the objections, if any, submitted by the person entitled to cultivate 'Such land or any other person interested in such land and any evidence which any such person may produce in support of the same and forward the objections so submitted and its opinion thereon to the Pro- vincial Government. declaring such land to be liable to be made over to the oner of such forest to be specified in the . notification, ' 2f specifying as nearly as possible the situation and limits of such land, a.nd ' (b) (a) (4) I£, after considering the objections and the opinion of the Appellate Committee forwarded under sub-section (3), the Provincial Government is of opinion that such land should be declared' to be liable to be made over to the owner of the controlled or vested forest referred to in sub-section ' (1), the Provincial Government 'Shall issue a notification- (c) appointing a Forest Settlement-officer to determine, subject to any rules made under this Act, by an order in writing,- (i) what rights in or over such land shall be extin- guished, and (ii) what rent, if any, shall be payable by the owner of such forest to any landlord of such land. (5) When a notification has been issued under S:ub.-section (4), the amount of the compensation payable under sub-section (6) to every person whose rights as specified by the Forest Settlement-officer under sub-clause (i) of clause (c) of sub- section (4) are to be extinguished shall be determined, sub- ject to any rules made under this Act, in the manner and in accordance with the principles hereinafter set out, that is to say- (i) when the amount of compensation can be fired by the Forest Settlement-officer appointed · under clause (c) of sub-section (4) by agreement, it shall be paid in accordance with such agreement; (ii) where no such agreement can be reached, the Provin- cial Government shall appoint as arbitrator a. person who has exercised the powers of a District Judge in YVest Bengal or who J'ssesses such IO The West Bengal Private Forests Act, 1948. • [ West Bengal Act (Chapter II.-Conservation of Private Forests and Afforest- - ation of Waste-lands.Section 10.) . (iii) . (iv) () qualifications as are normally required for appointment to the post of District Judge in West Bengal; at the commencement of the proceedings before the · arbitrator the owner of the forest, or the Regional Forest-officer by whom the compensation is pay- able, and the person to be compensated shall state bat in their respective opinions is a fair amount of compensation; the arbitrator in making his award shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894, so far as the same can be made applicable; an appeal shall lie to the High Court against an ·• award of an arbitrator except in cases where the amount thereof does not exceed an amount pres- cribed in this behalf; 1 of 1894. save as provided in· this sub-section and in any rules made under this Act, nothing in any law for the time being in force shall apply to arbi-t.rations · under this sub-section. (6) The amount of compensation determined under sub- section (5) shall be paid in the prescribed manner, in the case mhege the notification under sub-section (1) waA issued on the application of the owner of a controlled £o.l'est, by such owner, and in the case where such notification was issued on the application of a Regional Forest-officer, by such officer out of the profits of- the vested forest adjoining such ·land, to the person entitled to such compensation and, on payment of such compensation, the land shall be made orer by the Forest Settlement-officer appointed under clause (c) of sub-section (4) to the owner of the controlled or .vested forest specified in the notifoation issued under that sub- section and shall thereupon vest m such owner and all rghts in or over such land specified by the said officer under sub- · clause (i) of the said clause shall with effect from the date on which such land is so made over be extinguished. (7) Whe, any land is made over under sub-section (6) to the owner of a forest, it shall, with effect from the elate on· which it is so made over, be deemed to be a private forest. ,} (8) When any such land is made over under'sub-section (6) to the oner of a vested forest which adjoins·such land, the control of such land shall be vested in the Regional Forest-officer in whom the control of such forest is for the time being vested and the land shall, for the purposes of this Act, be deemed to be a vested forest. (9) When any such land is made over under sub-section (6) to the owner of a controlled forest which adjoins such land, ' the Regional Forest-officer may, after consultation in the prescribed manner with the Conservator of Forests of the forest circle within hich such controlled' forest is The West Bengal Private Forests Act, 1948. 1i XIV of 1948.] (Chapter II.-Conservation of Private Forests and Afforest- ation of Waste-lads.Section 11.) situated, by an order in writing, a copy of which shall be served on such owner in the prescribed manner, either direct that the approved working plan in respect of such controlled forest shall be deemed to be the working plan approved for such laud under sub-section (1) of section 4 or require such owner to prepare in the prescribed manner and submit with- in the period to be mentioned in such order to such officer a working plan in respect of such land. (10) Where the owner of a 6trolled forest is required under sub-section (9) to prepare and submit a working plan in respect of the land made over to him under sub-section (6), the provisions of sections 3 and 4 shall· apply to such. working plan as if such. owner has been required to prepare such work- ing plapp under sub-section (Z) of section 3. ,4. lfjg it appears from the report of a Regional For.est-officer that• any waste-land . which is lying unculti- vated for not less than three years is suitable for afforestation and that the owner of such land is unwilling or unable to cultivate it by growing therein agricultural crops, or to use it for the purposes of horticulture to the satisfaction of such officer or to afforest it, the Provincial Government may, by a notification, clirect that the control of such land shall be vested in a Regional Forest-officer to be specified in the noti- Rcation for the purpose of afforestation for such period as may be stated in the poti~cation: Provided that the Provincial Government shall not issue any notification under this sub-section without considering whether or not sch land can more advantageously be used for the purposes pf agriculture or horticulture than for the purposes of afforestation; Provided further that no such notification shall be pub- lished until a notice· has been issued by such. Regional Forest- officer calling upon the owner of such land and any other person interested therein to show cause before the Appellate Committee within such period as. may oe specified in the notice why the HOtificati.on should not be published and until the cause, if any, shorn and any evidence that may have been produced in support of the·sanie before the Appellate Coittee and the opinion of the Appellate Committee thereon have been considered by the Provincial Govern- ment. Affore- station of other land. (2) Any land in respect of which a noti:ficatio11 has been published under sub-section (1)" shall be deemed to be a vesterl forest for the purposes of this Act. (3) When all e:s:penses iue1irrecl by the Provincial Gov- ernment for the afforestation of any such laid hare been recouped, the profits resulting from such afforestation shall, during the period the control of such land remains vested in a Regional Forest-office~ be divided in equal shares between the Provincial Government and the owner of the land. .. ·, t 12 The West Bengal Private Forests Act,1948. [ West Bengal Act (Chapter II.Conservation of Private Forests and Afforest- ation of Waste-lands.Sections 12, 13.) j2. (I) Notwithstanding anything confained in any other law for the time being in force, where a private forest or any waste-land is, at the date of publication of a notifca- tion vesting the control thereof in a Regional Forest-officer under sub-section (2) of section 6 or under section 7 or under section 11, as the case may be, (a) held unde:z: a lease granted by the owner of such forest or land before the date of publication of such notification, and such lease comprises not only the areas included in such forest or land but also other areas, or () held by the owner of such forest or land as part of a tenure or holding jointly with other lands, the Collector of the district may, on application made in this behalf by such Regional Forest-officer,- (i) i the case referred to in clause (a), by an order in writing, apportion, subject to rules made under this Act, the rent payable under the lease between the areas included within the vested forest and other areas comprised within the lease on the basis of their respective assets, and (ii) in the case referred to in clause (b), by an order in writing direct the division of such tenure or hold- ing in such manner that a separate tenure or holding is formed with the lands included with- in the vested forest and also direct such distri- bution of the rent payable in respect of such tenure or holding 'between the two separate tenures or holdings so formed as he deems fair and equitable: Provided that no order shall be passed under this sub- section without giving, in the case of an order passed under clause (i) the lessor and the lessee of such forest. or land, and in the case of an order passed under clause (ii) the owner of such forest or land and the landlord or landlords, .or their common agent, if any, of the tenure or holding, a reasonable opportunity of being heard. (2) An appeal shall lie from every order passed under sub-section (Z) to the Commissioner of the Division if it is presented within thirty days from the date of such order and the decision of the Commissioner on such appeal shall be final and shall not be questioned in any Court. Eaplanation.In this section, "lease'', "lessor'' and "lessee" have the same meanings as in the Transfer of Property Act 1882 and "tenure" and "holdino' have the. IV of same meanings as i the Bengal Tenancy Aet,fss. {%%,