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Maharashtra Private Forests (Acquisition) Act, 1975
In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which this Act comes into force ;
(b) "Code" means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);
(c) "Collector" includes an officer not below the rank of a Deputy Collector appointed by the State Government to exercise the powers and perform the duties of the Collector under this Act ;
1[(c-i) "forest" means a tract of land covered with trees (whether standing, felled, found or otherwise), shrubs, bushes, or woody v
(1) Notwithstanding anything contained in any law for the time being in force or in any settlement, grant, agreement, usage, custom or any decree or order of any Court, Tribunal or authority or any other document, with effect on and from the appointed day, all private forests in the State shall stand acquired and vest, free from all encumbrances, in and shall be deemed to be, with all rights in or over the same or appertaining thereto. the property of the State Government, and all rights, title and interest of the owner or any person other than Government subsisting in any such forest on the said day shall be deemed to have been extinguished.
(2) Nothing contained in sub-section (1) shall apply to so much extent of land comprised in a private forest as is held by an occupant or tenant and is lawfully under cultivation on the appointed day and is not in excess of the c
On acquisition of private forests, the State Government shall take or cause to be Step to be taken steps for afforestation of forest funds on scientific basis, for developing the lands and utilising them according to their capability including pastures, for regulating the felling of trees on scientific lines, for promoting soil and water conservation as will best sub-serve agriculture 1[for distribution of the mature exploitable forest produce as best to sub-serve the common good and for securing those purposes undertake schemes particularly in the best interests of agricultural population of the State. Such Schemes may also provide for the utilisation of the forest produce in the best interests of agriculture and agricultural population of the State, and particularly the weaker sections of the community, such as schemes to assist the construction of huts for the landless, schemes for supply of timber for cattle sheds, agricultural impl
1[5. Power to take over possession of private forest. Where any private forest stands acquired and vested in the State Government under the provisions of this Act, the person authorised by the State Government or by the Collector in this behalf, shall enter into and take over possession thereof, and if any person resists the taking over of such possession, he shall without prejudice to any other action to which he may be liable, be liable to be removed by the use of such force as may by necessary.]
Where any question arises as to whether or not any forest is a private forest, or whether or not any forest is a private forest or portion thereof has vested in the State Government or whether or not any dwelling house constructed in a forest stands acquired under this Act, the Collector shall decide the question, and the decision of the Collector shall, subject to the decision of the tribunal in appeal which may be preferred to the tribunal within sixty days from the date of the decision of the Collector, or the order of the State Government under section 18, be final.
(1) Every owner of a private forest which vests in the Government under the provisions of this Act shall be paid by the State Government, an amount which is equal to twenty times the assessment per hectare of land comprised in such forest, and in respect of dwelling houses and amount calculated in accordance with the provisions of sections 23 and 24 of the Land Acquisition Act, 1894 (I of 1894).
(2) If any forest land has not been assessed, the amount of assessment for the purpose of this section shall be fixed by the Collector, having regard to the amount of assessment which would have been leviable on the same extent of forest land of similar nature in the same area.
Any owner of private forest entitled to payment of an amount under section 7 shall, within six months of the appointed day, make an application to the Collector for determining the amount payable to him under section 7.
(1) On receipt of an application under section 8, the Collector shall, after making formal enquiry in the manner provided in the Code, make an award determining the amount payable to the owner under section 7.
(2) Where the officer making an award under sub-section (1) is a Collector under this Act, but not a Collector appointed under section 7 of the Code, and the amount of such award exceeds fifty thousand rupees, the award shall not be made without the previous approval of the Collector appointed under section 7 of the Code.
(1) The amount specified in the award shall be paid in cash to the person entitled thereto.
(2) Where the amount awarded is not paid at the time of or before taking possession of the private forest, the amount awarded shall be payable with interest thereon at the rate of four per cent per annum from the time of taking possession till the time the amount is paid.
(1) During an inquiry held under section 9, the Collector shall determine in the prescribed manner the amount of encumbrances, if any, lawfully subsisting on the private forest in question, on the appointed day.
(2)(a) If the total amount of encumbrances is less than the amount determined as payable to the owner, the amount of encumbrances shall be deducted from the amount determined as payable to the owner. The balance shall then be paid to the owner and the amount so deducted shall be utilised for payment of the encumbrances; and
(b) If the total amount of encumbrances is equal to or more than the amount determined as payable to the owner, the amount payable to the owner shall be distributed amongst the holders of the encumbrances in proportion to the respective
(1) If any person other than the owner of a private forest is aggrieved by any provision of this Act as extinguishing any right enjoyed by him otherwise than as a member of the general public and such person proves that such extinguishment amounts to the transference to the State Government or to public ownership of such right, such person may apply to the Collector for Payment of amount for such extinguishment.
(2) Such application shall be made within six months from the appointed day.
(3) On receipt of an application under sub-section (1), the Collector, shall after holding a formal inquiry in the manner provided in the Code and also giving an opportunity to be heard to the owner of the private forest concerned, award such amount to the applicant as the Collector deems reasonable.
Notwithstanding anything contained in the Code, an appeal shall lie to the Tribunal against an award of the Collector under section 9 or against any order of the Collector passed under section 11 or 12.
(1) The Tribunal shall, after giving notice to both the parties, decide the appeal and record its decision.
(2) In deciding an appeal under this Act, the Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows, in deciding appeals from a decree or order of an original court under the Code of Civil Procedure, 1908 (V of 1908).
Save as otherwise provided in section 6, every appeal made under this Act to the Tribunal shall be filed within a period of sixty days from the date of the award, or as the case may be, order, of the Collector. The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963 (36 of 1963), shall apply to the filing of such appeal.
Notwithstanding anything contained in the Bombay Court-fees Act, 1959 (Bom. XXV of 1959), every appeal made under this Act to the Tribunal shall bear a court-fee stamp of five rupees.
The award made by the Collector under section 9 and an order passed by the Collector under section 11 or 12, subject to an appeal to the Tribunal or to an order of the State Government under section 18, and the decision of the Tribunal on an appeal shall be final and conclusive, and shall not be questioned in any suit or proceeding in any Court.
Where no appeal has been filed within the period provided for it against any decision, order or award of the Collector, the State Government may, within a period not exceeding one year from the date of such decision, order or award-
(a) call for the record of any inquiry or proceedings of the Collector for the purpose of satisfying itself as to the legality or propriety of any decision, order or award passed by, and as to the regularity of the proceedings of, such Collector, as the case may be, and
(b) pass such order thereon as it deems fit:
Provided that, no decision, order or award of the Collector shall be modified, annuled or reversed un
All inquiries and proceedings before the Collector and the Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of 1860).
No suit, prosecution or order legal proceeding shall lie against the State Government, the Tribunal or any officer of the State Government for anything in good faith done or intended to be done under this Act.
(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 Go
1[21A. Saving of certain afforested lands.- Nothing in section 21 shall apply to any non-forest land, not being the property of Government, on which by artificial means or by human agency afforestation. is made by planting forest tree species]
(1) Whenever an officer authorised by the State Government in this behalf so directs, the owner of a private forest, which has vested in the State Government under the provisions of this Act, shall deliver to such officer or to such other officer as may be specified in the direction, the records relating to such private forest maintained by the owner.
(2) If the owner fails, without reasonable cause, to deliver any such records, he shall, on conviction, be punished with fine which may extend to two hundred rupees and in the case of a continuing failure to deliver any such records, he shall be punished with an additional fine which may extend to twenty-five rupees for every day during which such failure continues after conviction for the first failure.
1[22A. Restoration of forest land to owner in certain circumstances.- (1) Notwithstanding anything contained in the foregoing provisions of this Act, if, on an application made by any owner of private forest, within a period of six months from the date of commencement of the Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978 (Mah. XIV of 1978), or suo motu at anytime, the Collector, after holding such inquiry as he deems fit, is satisfied that the total holding of land of such owner became less than twelve hectares on the appointed day on account of acquisition of his forest land under this Act or that the total holding of land of such owner was already less than twelve hectares on the day immediately preceding the appointed day, the Collector shall determine whether the whole of the forest land acquired from such owner or what portion thereof shall be restored to
1[22B. Power of Collector to grant private forest vested in the State for public purpose in certain cases. Notwithstanding anything contained is section 4 or any other provisions of this Act, the Collector may with the previous approval of the State Government grant, transfer or otherwise make available any private forest vested in the State Government under sub-section (1) of section 3, or any portion thereof, for any public purpose, only if any government land is not available or suitable, or any other land is not found suitable for acquisition under the Land Acquisition Act, 1894 (1 of 1894), for such public purpose.]
(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. Such rule may provide for levy of fees for any of the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be o
1[(1)] On and from the appointed day, sections 34A, 35, 36A, 36B, 36C, and 37 of the Forest Act shall stand repealed.
2[(2) Notwithstanding anything contained in sub-section (1), on and from the date of commencement of the Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978 (Mah. XIV of 1978), sections 34A, 35, 36, 36A, 36B, 36C and 37 of the Forest Act, shall in respect of the lands restored under section 22A, be deemed to have been re-enacted in the same form and be deemed always to have been in force and applicable in respect of such lands, as if they had not been repealed.]
(1) This Act may be called the Maharashtra Private Forests (Acquisition) Act, 1975.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.
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