West Bengal act 014 of 1948 : West Bengal Private Forests Act, 1948

WHEREAS it is expedient to provide forthe conservation of forests and £or the afforestation of waste-lands in West Bengal where such forests or lands are not the property of the Crown or where the Crown has no proprietary right over such forests or lands;

It is hereby enacted as follows:

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the West Bengal Private Short Forests Act, 1948. , . title, •·-. $: extent and

(2) It extends to the whole of West Bengal. commence-

(3) This section shall come into force at once and the ment."''.'1>.;. remaining provisions of this Act, in whole or in part, shall come into force in such areas and on such dates as the Provincial Government may, by notification, specify and for this purpose different dates may be specified for different. provisions of this Act and for different areas. · ·,

2. In this Act, unless there is anything repugnant in Definitions the subject or context,-

(1) "Appellate Committee" means a.committee the procedure of which shall be as prescribed, appointed by the Provincial Government in respect of a- notified area to- hear appeals under this Act consisting of three members of whom the Chairman . shall be a Revenue Officer not below the rank of a Collector, one member shall • be a member of the Indian Forest Service or the..:

West Bengal Forest Service not below the rank. <.- of a Deputy Conservator of Forests and the other member shall be an owner of a private forest who shall be selected in the prescribed manner from amongst the owners of private forests in

. flUCh notified area;

(2) "cattle" includes elephants, camels, jJ;mffaloes, horses, mares, geldings, ponies, colts, :fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kicls; • ·

(3) 'conservation'', used in reference to a forest, includes such measures as are necessary 1n the opinion of the Regional Forest-officer £or. the prevention or remedying of the erosion of the soil or any flood or landslide;'

(4) 'Controlled forest" means a forest in respect of which a working plan has been approved under ·sub-section (Z) of segtion 4;

3

[ West Bengal Act

·(Chapter I.Preliminary.Section 2.)

(5) 'forest'' includes .any land recorded as forest in a record f rights prepared- under Chapter K of the Bengal 'Tenancy Act, 1885; . VII of

(6) ''forest-offence'' means an offence punishable under 1885. this .A.ct or under any rule made thereunder;

(7) ''Forest-officer'·' means any person whom the Provincial Government or any officer empowered by the Provincial Government in this behalf,' may appoint to carry out all or • any of the purposes of this Act or to do anything required by this Act or any rule made thereunder to be done by a Forest-officer;

(8) ·"forest-produce" includes-

(a) the following whether found in; or brought from, a forest or not, that is to say: -

(i) timber, charcoal, caoutchouc, catechu, wooc.- oil, resin, natural varnish, bark, lac, malua flowers, maha seeds, kuth and myrabolams, and

(ii) wild ·animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and

() the following when fo1.rnd in, or brought from, a forest, that is to say: -

(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbe£ore mentioned, of trees, · •

¢

(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants, and

(iii) peat, surface soil,. rock and minerals (includ- ing lime-stone, laterite, mineral oils, and all products .a£ mines _or quarries);

(9) "Forest Settlement-officer" means an officer, who shall ordinarily be a Revenue Officer, appointed 'by the Provincial Government to perform. the functions of a Forest Settlement-officer under this .A.ct and includes a Board, the procedure of which shall be as prescribed, appointed bv the Provincial Government to perform such func- tions, consisting of not more than three officers of whom at least two shall be Rerenue Ofcers;

(10) "notification" means a notification published in the Official Gazette;

(11) ''notifed area'' means an area specified in a noti- fication issued· under sub-section (Z) of section 3;

(12) ."owner" includes any mortgagee in possession, lessee, common manager, receiver appointed by a competent 'Court and any person holding any property in trust and also includes a Court cf Wards in respect of property under the superin- tendence or charge of such Court; .

4

XIV o1 1948.1

(Chapter II.-Consevation of Prate Forests and Affore- station of Waste-lands.-Section 3.)

(13) "prescribed" means prescribed by under this Aet;

rules made

(17)

(Z6)

'• 2 ;

I

1

-i

I ,.

3

7

.3

i

1

'

. . 4.

"river" includes any .stream, canal, creek or other channel, natural or artificial;

'timber'' includes trees when they haye £all.e11 or have· been felled, and all wood whether cut up, or fashioned or hollowed out £or any purpose or not;

(18) "tree" includes palms, bamboos, stumps, brush- wood and canes;

Prepara•

tion of,

and

appeal

and re-

vision in

respect

of work-

ing plans

(2) On the expiry of the period mentioned in the noti- }or: private fl.cation under sub-section (), the Regional Forest-officer. orest s. shall, a£ter considering each working plan submitted to him uncler that sub-section, ancl after consultation in the manner prescribecl with the Conservator of Rorests of the forest circle within which such forest is situated, by an order in writing, accept the. working plan or modify it in such manner as he may consider necessary or substitute another working plan for it.

"vested forest" means a forest of which the control has been vested in a Regional Forest- officer by a notification under sub-section (2) of section 6 or under section 7 or under section 11 and includes any forest deemed to be, or managed as, a vested forest under this .A.ct;

(20) "waste-land'' means any waste-land which is not the property of the Crown or over which the Crown has no proprietary right;

(21) "working plan" means a written scheme £or the management and treatment of a forest; and ·

(22) ''year'' means a year beginning on the 1st day of · .April. ·

CHAPTER II.

CONSERVATION OF PRIVATE FORESTS AND AFFORESTATION 01' WASTE-LANDS.

(14) "private forest" means a forest which is not the property of the Crown or over which the · Crown has no proprietary right;

(1,5) "Re·gional Forest-officer" means a Forest-offic.!:)r appointed by the Provincial Government as such· by a notification- for a notified area;

3, (1) The Provincial Government may, by notification, direct that every owner of a private forest which is not a vested forest, but which is situated within such area as may be specified in the notification, shall prepare in the prescribed manner ancl submit within· the period mentioned in the notification to the Regional Forest-officer a working

• plan £or the conservation of such private forest.

5

4 The West Bengal Private Forests Act, 1948.

[ West Bengal At

(Chapten II.Conservation of Private Forests and Afforesta-

. tion of Waste-lands.-Section 4.)

(3) If any owner of such private forest does not submiit a orking plan within the period specifed in the notifca- tion issued under sub-section (), the Regional Forest-officer may, after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, prepare a working plan in respect of such forest.

(4) When the Regional . F.orest-officer by an order 1n writing modifes any working plan under sub-section (2) or substitutes another working plan under ·that sub-section for the working plan submitted under sub-section (Z), he shall cause a copy of such order to be served in the prescribed manner upon the.owner of such private forest to which such working plan relates· and such owner may, within sixty days of the date of service of such order, appeal against .such order to the Appellate Committee and the Appellate - Committee may thereupon, . after giving such owner an opportunity of being heard, by an order in writing, either accept the working plan ith or without modifications or reject it and the decision of the Appellate Committee on every such appeal shall, subject to the provisions of sub- section (5), be final:-

(5) The Board of Revenue may, on application by an owner of a private forest for revision of an order of the Appellate Committee passed in appeal under sub-section (4), and if such application is made within thirty days from the date of the order, call for the record of the appeal in which the order was passed and on receipt of such record, after giving such owner an opportunity of being heard, may, if it does not see fit to reject the application, direct · the "Appellate Committee by an order in writing to make such modifications in the working plan accepted by the said Committee under sub-section (4) as may be specified 1n such order in writing.

(6) The Board of Revenue shall, as soon as may be after an application for revision is disposed of under sub-section (5), communicate the order passed by it on such applica- tion to the 'Appellate Committee, and on receipt of such order the Appellate Committee shall, where the Board of Revenue has directed any modification to be made in such working· plan, modify it accordingly.

Approved

working

plans.

4. (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

6

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)

7

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. '

6. (1) I after an approved working plan in respect of any private forest has been sent uncler sub-section (2) of sec- tion 4 to the owner of such forest, such owner fails or neglects to carry out any of the terms and conditions of such plan, he shall be punishable with fine which may extend to five hundred rupees:

Provided that no prosecution shall be instituted under this sub-section unless the Regional ]'orest-officer has served in the prescribed manner a notice on such owner specifying the terms and conditions of the working- plan which such owner has failed or neglected to carry out and requiring such owner to take such steps for carrying them out as are speci- fed in the notice within thirty days from the date of service of such notice and unless such owner has failed to comply with such notice.

(2) I the owner of a private forest is convicted a second or subsequent time .under suJb-section (1) for the failure or neglect to carry out any of the tems and conditions of the working plan in respect of such forest, the Provincial Gov- erent may, by a notification, direct that the control of such forest shall be vested in such Regional Forest-officer for such period as may be specified in such notification :

Provided that no such notification shall be issued until such owner has been called upon by notice in writing by the Regional Forest-officer within sixty days of such conviction to show cause before the Appellate Committee within such time as may be specified in the notice as to why such noti- fication should not be issued and until the Appellate Com- mittee, after considering the cause, if any, shown by him and any evidence which he may produce in support thereof, has recommended to the Provincial Government that such noti- fcation should be issued.

(3) Nothing in sub-section (/) shall render any owner of any private forest liable to conviction,for any deviation from any approved working plan if sudh deviation has been previously sanctioned by the Regional Forest-officer on appli- cation made by such owner in that behalf to such officer or by the Appellate Committee on an appeal from an oi·der of the Regional _Forest-officer refusing to sanction such devia- tion presented by the owner to such committee within thirty days from the date of such order.

,.

J

8

XIV of 1948.]

(Chapter II-Conservation of Private Forests and afforst- ation of Waste-lands.Sections ?7, 8.)

7. Notwithstanding anything contained 1n sections 3 and 4 or in sub-section (2) of section 6, if the Provincial Government is satisfied that the conservation of any private forest in a notified area should not be left to the owner there- of, the Provincial Government may, by a notification specifying the reasons for so doing, direct that the control of such forest shall be vested in such Regional Forest-officer for such period as may be specified in the notification :

Provided that no such notification shall be issued until,-

(a) the Regional Forest-officer has, by notice in writing, called upon the owner of such forest to show cause before the Appellate Committee within such period as may be specified in such notice why the control of such forest should not be so vested, and () the Appellate Committee after considering the cause, if any, shown by the owner and any evidence which the owner may produce in support of the same has recommended that such notification should be issued.

8, (1) Subject to rules made under this ,A.ct, loans may be granted on the recommendation of the Appellate Gom- mittee by such officer as may be empowered in this behalf by the Provincial Government to any owner of a controlled forest or of a vested forest who, in the opinion of the Appellate Committee, is likely to suffer unduly owing to any rary reduction of his income resulting from any action n under section 4 or sub-section (2) of section 6 or section r to any owner of a controlled forest to enable such owner pay any compensation payable by him under sub-section ) of section 10 or sub-section (2) of section 25.

(2) An application for such a.loan shall be made in e prescribed manner to the Appellate Committee and shall ate the following particulars, namely :-

(a) the amount of the loan required,

(b) the reasons for which it is necessary, and

(c) the period for which it is required.

(3) After considering in the prescribed manner the appli- ion made under sub-section (2) and any evidence that may produced in support thereof, the Appellate Committee all state in writing its opinion as to whether or not a loan ould be given, and, if it recommends the grant of a loan, all forward the application to the officer empowered under uh-section (1) with its opinion, stating the reasons for such recommendation and specifying the following particulars, namely :

(a) the amount of the loan that should be granted and the rate of the interest that should be charged,

(b) the instalments in which the loan should be ad- vanced, and

(c) the period after which and the instalments in which the loan should be repaid.

Forest

loans.

Vesting

of forest

in a

Regional

Forest-

officer.

9

8 The West Bengal Private Forests Act, 1948.

[ West Bengal Act

(Chapter 1I.-Conservation of Private Forests and Afforest- ation of Waste-lands.-Sections 9, 10.)

(4) Subject to rules made under this A.ct, all loans granted under sub-section (Z), all interests, if any, chargeable thereon and costs, if any, incurred in granting such loans shall, when they become clue, be recoverable by the Collector as if they were arrears of land revenue clue in respect of the con- trolled forest or the vested forest of which the borrower was the owner at the time· the loan was granted:

Provided that no proceeding in respect of any such forest under this sub-section shall affect any interest in that forest which existed before the date of the order granting the loan other than the interest of the borrower and of mortgagees of, or pel'Sons having charges on, the interest of theborrower.

9. (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.

10

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

11

• [ 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

12

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.

13

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 fairand 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. {% , 1885. 13. Where a private forest or waste-land of which the control has been vested in a Regional Forest-officer by a. notification under sub-section (2) of section 6 or under section 7 or under section 11 is, at the date of publication of such notification, held either exclusively or jointly with other property under a lease granted by the owner of such

. forest or land before such date, the rent payable under the Appor-

tionment

., of rents of

forests

held under

a lease

jointly

with other

lends and

tho divi-

sion of the

tenure or

holding

compris-

ing a

forest.

Rent to

be a

charge on

the lease-

hold in-

terest in a

vested

forest.

14

and distri- bution of net profit. Power to exempt

an estate of which a vested

forest

forms

part from sale for arrears of revenue. 'Porer to order a

vested

forest to be formed into a

separate estate.·

(2) The cost of the operations of any Forest Settlement- officer and such part of the cost of a Regional Forest-officer and of his staff as is proportionate to the work clone by them in connection with the management of a vested forest shall be included in the cost of management~

(3) Any amount due in respect of a loan made under section 8 to the owner of a vested forest shall be included in the cost of management of such forest.

(4) Any amount paid as compensation_by he Regional Forest-officer under sub-sect1on (6) of sect1on 10 out:of the% . profits of a vested forest or paid as compensation by the • Regional Forest-officer under sub-section (2) of section 25, and to be recouped under that sub-section from the profits of a vested forest, shall be included m the cost of manage- ment of such forest.

The West Bengal Prate Forests Act, 1948. 13

XIV of 1948.]

(Chapter II.Conservation of Private Forests and Afforest- ation of Waste-lands.Sections 1416.)

lease or under an order of apportionment made under clause

(i) of sub-section (1) of section 12 in respect of such forest or land during the period such forest or land remains so vested in the Regional :Forest-:-oflicer shall, subject to the prior payment of the land-revenue, if any, due to the Government thereupon, be a first charge upon the leasehold interest in such forest created by such lease.

14. The Provincial Government may, if it. thinks it ex- pedient, direct the Collector to partition off that part of an estate which comprises a vested forest info a separate estate; and the demand in respect of land-revenue and cess for which the original estate was liable shall on such partition be assessed upon and divided between the two separate estates so formed respectively iu such manner as the Provincial Government may direct.

15. The Provincial Government may, if it so considers expedient, by a notification, exempt any estate, and subject to the provisions of section 14' of the Bengal Land-revenue Sales Act, 1859, every share or part of an estate for which a separate account has been opened, under section 10, or section ll of the said Act, or under section 70 of the Ia.nd Registration Act, 1876, of which a vest.eel forest forms part, from sale for arrears of Government revenue accruing during the period the control of such forest rem ains vested in a Regional Forest-officer under sub-section (2) of section 6 or

under section 7 or under section 11 or during such part ef

such period as may be specified in such notification :

Provided that where any such estate, share or part is so exempted, all such arrears of revenue shall be the first charge upon the sale-proceeds of such estate, share or part which may be sold otherwise than for such arrears of revenue.

- 16. (1) The cost of any extra staff required for the management of a vested forest in each gar shall be deter- mined in the prescribed manner by the· Regional Forest- officer and shall be recovered by him in that year, or in subsequent years, from the sale of the forest produce of such forest.

Ben. Act

VII of

1876.

XI of

1859.

15

The West Bengal Prate Forests Act, 1948.

4

! t. Imposi- tion of cess. Release of vested

forest

to the

owner.

[ West Bengal Act

(Chapter Il.Conservation of Private Forests and Afforest- ation of Waste-lands.Sections 17, 18.)

(5) Until otherwise determined by a competent Co:urt, the respective shares of the owners of a vested forest shall be determined by a Forest Settlement-officer in the prescribed

"manner, and thereafter, the net profits in respect of such forest, which shall be calculatNl in the prescribed manner, shall be distributed among the various owners thereof in pro- portion to their respective shares as so determined.

(6) I each year the Regional Forest-officer shall record in a statement the cost of management with which each vested forest shall be charged and any amount which shall be paid in respect of the net profits calculated under sub-sec- tion (6) ad shall cause a copy of such statement to be served in the prescribed manner on the. owner of such forest.

17. (1) The Provincial Government may impose in the prescribed manner on an acreage basis a cess on all private forests within a notified area with effect from such date, not being· before the expiry of ten years from the date of publi- cation of a notifiGation under section 3, as the said Govern- ment may appoint.

(2) Such cess shall be so calculated as to yield a sum not greater than that which is sufficient to meet the cost of the H,egional Forest-oflicer and his staff, including any expenses incurred in connection with their work to be determined in he prescribed manner.

(3) I£ the Regional Forest-officer or his staff does any work in connection with a Government forest, a proportionate deduction shall be made from the cost of such· Regional :Forest-officer and 0£ his staff before the cess is cal:culated under sub-section (2).

(4) Ivery cess imposea'aer sub-section (1) shall be recoverable as a public demand under the Bengal Public Beu. Act Demands Recovery .A.ct, 1913. · III of

1913.

18. (1) If the owner of a vested forest satisfies the Appellate Committee-

a aa R, ue after the expiry of fifteen years from the date of the notification by which the control of such forest has 'been yested in a Regional Forest- officer, that- ' ~

(i) the control of such forest may be restored to him without undue risk of detriment to its con- servation, and

(ii) the cost of its ,anagement, a#determined under the provisions of sub-section (1) of section 1G has been recovered in full, or

'

(5} The Provincial Government'may, by general or special order, exempt any private forest in a notified area from the payment of any cess imposed under sub-section (l'j or of any portion of such cess for such period as may be specified in such order. ·

XIV of 1948.]

(Chapter II.Conservation of Private Forests and Afforest- ation of Waste-lands.Chapter III.Raglts n Forests. -Section 19.)

at any time after the expiry of thirty years from the date of such notification, that the cost of management of such forest as determined under the provisions of that sub-section has been recovered,

the .Appellate Committee shall by order direct that with effect from a date, to be specified in such order, the control of such forest shall cease to be vested in the Regional Forest- officer:

Provided that no such order shall be made in the case 'of any forest, whether any working plan in respect of such forest has been previoli.sly approved under section 4 or not, until-

(a) the Appellate Committee has iby an order called upon the owner of such forest to prepare in the pres- cribed manner and to submit within such period as may be specified in such order to the Regional Forest-officer a working plan in respect of such forest, and

(b) a working plan has been approved in respect of such forest in accordance with the provisions referred to in sub-section (2}:

Provided further that no such order shall be passed regarding a forest in respect of which there subsists an order passed under sub-section (Z) of section 9, unless the owners of all the forests, in respect of which the order under the said sub-section was passed, have satisfied the Appellate Committee that there will be no undue risk of detriment to the conservation of any of such forests if the control of the said forest ceases to be vested in the Regional Forest-officer.

(2) When the owner of a forest has been required under the first proviso to sub-section (1) to prepare and submit a working plan in respect of such forest, the provisions of sections 3 and 4 shall apply to such working plan as if such owner has been required to prepare such working plan under sub-section (1) 0£ section 3.

(3) The fact that the control of any forest has ceased to be vested in a Regional Forest-officer shall not operate to revive any right which may have been extinguished or modified by a proclamation under section 28.

CHAPTER III.

RIGHTS IN FORESTS.

19. When a notification has been published in respect of any forest under sub-section (2) of section 6 or under section 7 or under section 11, the control of such forest shall be vested in the Regional Forest-officer, who shall forthwith proceed to demarcate it.

Control

and

demar-

cation of

vested

forest.

(b)

17

t i

&6

l° The West Beal Proate Forests Ace, 1opg

[ West Bengal Act Choter 1II.--Rights in Forests.-Sections 20g3)Appoint. lllent of

.Forest

Settle.

ment-

officer,

20. (1) A. Forest SettlelUent-office,• shall be appointed by the Provincial Gove,•muent in respect of every, forest of which the control is vested in a Regional Jorest.-oe by a notification under sub-section (2) of section 6 or under section

Tor under section 11, and may 1 appointed in respect of any controlled forest on the application lllade in tbis behalfto the Provincial Government by its owner.

(2) Such appoint1Uent shall be made by a notification specifying in su.ch notitlcation, as nearly as may be possible,the situation and limits £ such forest.

21. Mter the issue of a notitlcation under section 20, no, right shal] be acquired in or over the land comprised in such iwtitlcation, except by succession or under grant or contract in writing 1Uade or ente,•ed into, with the previous sanction of the Provincial Governn,ent, by or on behalf of the owner PO" ome person in whom such right as vested mhen 4} notitlcation was issued; and no fresh clearings for cultiva- tion or for any other purpose, and cutting, conversion or Gmoval of timber or the collection, manufacture or ±em, of other forest-produce, shall be. made in such land except in accordance with such rules, if any, as may be made bythe Provincial · Government in this LL,

22. (1) The Forest Settlement-ofcer GI,q publish in the neighbourhood of the forest in respect of which he has been %Pointed, a proclamation in Bengali and, if any oA language has been prescfiOed in this behalf for the local area in which such forest is situated, also in such otherlanguage-

(a) specifying-, as nearly as possible, the situation andlimits of such forest; , (b) explaining the lUeasures proposed for, aud the con, sequences which will ensue on, the conservationof s:uch forest; and

(c) requiring every person who claims any right, other than a 1'ight of ownership, over such forest or over any forest-produce from such forest, to give to such Forest Settlement-officer; within a period of not less than three months to be stated in the

• proclamation, parficula,•s, either in writing °' hy word of mouth, of such right and the amount and nature of the conipensation, if any, claimed in,respect thereof. i2) The Forest Settle1Uent-officer shall . take down in writing all statement, lUade by word of mouth under clause (c) of sub-section (1). · · • · .

2%. (1)"The Forest Settlement-omicer shall at son venient place inquire into the >xistence of any rig-hte which are clailUed under clause (c) of sub-section (1) of section 9g or which may be ascertained by him fro any other sou. ?) The Forest Settlement-officer shall give ahe±A the . · Regional Forest-ocer _ or an of7eer authored 1 ~ Regional Forest-officer 1 rtung, 1 thus behalf, to sag hiniself as to the neoessity of modifying or extinguishing any right in the interests of the cons,;rvation of• the forest. Inquiry

by Forest

• Settle. ment-

officer.

18

XIV of 1948.]

(Chapter III.Rights in Forests.-Sections 2426.) Powers of

Forest

Settle-

ment-

officer. power to enter, by himself or by any officer authorised by him for the purpose, upon any land, and to survey, demarcate and make a map of the same; and

() the powers of a Civil Court 'in the trial of suits.

24. For the purpose of such inquiry, the Forest Settle- ment-officer may exercise the following .powers, that is to say:.-

(a)

•

25. (I)·After completion of the inquiry under section 23, see1- the Forest Settlement-officer shall, by an order in writing. cation and

(a) record the nature of the rights existing at the time of 2; the notification under section 20, and rights.

(b) direct the modification or extinction of any such right, other than a right of ownership, in the interests of the conservation of the forest. '(2) When the Forest Settlement-officer directs under clause (b) of ,sub-section (1) the modification or extinction of any right, he shall, unless the person whose rights are affected has· come to an agreement as to the amount of compensation payable to him, determine what compensation shall be awarded to such person, and the amount of any compensation payable under this sci-section to any such per-son shall be paid in the prescribed manner, in the case where the forest to which such right relates is a controlled forest, by the owner of such forest, and in the case where such forest is a vested forest, by the Regional Forest-officer in whom the control of such forest is vested under this Act and every payment so made 1y the Regional Forest-officer shall be recouped from the profits of the vested forest to which such right relates as part of the cost of management of such forest.

26, (1) An appeal may be presented against any order Appeals. · made under section 25 within ninety days from the elate of such order to the Commissioner of the Division by an owner of a forest or by a Regional Forest-officer or by any person who has given particulars of his claims under sub-section (1) of section 22.

(2) Every such appeal shall be made by a petition: in writing and shall be heard in accordance with the procedure for the til!J.e being applicable to the hearing of appeals in matters relating to land-revenue. ·

(3) The order of the Commissioner on such appeal shall, subject to the provisions of sub-section (4), b.e .final.

(4) An application for revision shail lie to the Board of Revem.1e from an order of the. Commissioner passed in appeal under this section if it is presented within thirty days from the elate of such order. · ,

27. The Provincial Government, or any person who has Pleaders. made a claim under this Act, may appoint any person to , appear, plead and qct on its or his behalf before :the Forest Settlement-offeer, or any appellate or revisiona authority in the course of any inquiry, appeal or revision under. this Act or. ,,,..before any arbitrator appointed to determine any compensa- - tion payable under sub-section (5) of section 10. -

19

[ West Bengal Act

(Chapter III.Rights in Forests.Chapter IV.Penalties and Procedure.Sections 28-29.)

Extinction 28. '(1) When the time within which appeals against of rights. orders under section 25 may be made has expired and, when any such appeal has been made under section 26, the time within which applications for revision of any order passed in

. such appeal may be made has also expired and all applica- tions for revision under sub-section (4) of section 26 have been disposed of, the Forest Settlement-officer shall issue another proclamation specifying the rights which may be exercised in respect of the forest regarding which any such order under section 25 has been made and also specifying the date with effect from which all rights in respect of such forest which are not specified in such proclamation shall be extinguished. ·

(2) A translation of such proclamation in Bengali and, if any other language, has been prescribed in this behalf for the local area in which such forest is situated, also in such other language shall be published in the· neighbourhood of such · forest before the date so specified in such proclamation.

(3) With effect from the date so specified in such procla- mation all rights in respect of such forest not specified in such proclamation shall be extinguished.

CHAPTER IV.

PENALTIES AND PROCEDURE.

29. (1) Any person ho, or

()

(a) fells, girdles, lops, taps, or burns. any tree in a controlled or vested forest or strips off the- bark or leaves from or otherwise damages, any such tree, quarries any stone, or burns any lime or charcoal, or collects, subjects to any manufacturing process, or removes any forest#produce from- a controlled or vested forest, ·

(c) breaks up or clears for cultivation or' any other pur- pose any land in a controlled or vested forest,

(d) sets fire to a controlled or vested forest, or kindles a fire without taking all reasonable precautions to prevent its spreading to any portion of such forest, Penalties

for,breach

of rules.

(e) permits cattle to damage any tree in a controlled or vested forest,

shall be punishable with imprisonment for a term which mar extend to six months, or with fine which may extend to»fve

hundred rupees, or with both. ·

(2) Any person contravening any rule made under this Act, for the contravention of which no special penalty is pro- vided, shall be punishable with imprisonment fora term which may extend to one month, or with. fne which my extend to five hundred rupees, or with both.

20

XIV of 1948.1

(Chapter IV.-Penalties and Procedure.Sections 30, 31.)

30. (1) I£ it is proved to the satisfaction of the District Magistrate that in any vested forest-

any cattle have been permitted to trespass, any trees have been felled, girdled, lopped, tapped, burnt, or otherwise damaged,

(c) any other forest-produce has been burnt or removed, Imposi-

tion of col-

lective

fine on

the in-

habitants

in certain

cases.

(a)

()

Ben. Act Ill of

1913.

or

(d) any land has been broken up for any purpose, otherwise than in the exercise of any right in or over such forest with intent to cause detriment to tlie conservation of such forest, and if the District Magistrate is satisfed after enquiry that the inhabitants of any local area are concerned in the commission of any such offences or are in any way assisting persons in committing such o:ffencoo, the, District Magistrate may, by order in writing in which shall be speoi- fed the reasons for making such order, impose on the inhabi- tants of such area a collective fine which may extend to five hundred rupees or three times the value estimated by him of any forest-produce damaged, whichever is greater, and may, after such further enquiry, as he deems necessary, apportion such fine amongst such inhabitants and such apportionment shall be made according to the respective means of such inhabitants.

(2) Every order imposing a collective fine under sub- . section (1) shall be forthwith published in the local area in such manner as the District Magistrate considers best cal- culated to bring the order to the notice of the inhabitants of the area concerned.

(3) The District Magistrate may exempt any person or class or section of such inhabitants from liability to pay any portion of such fine.

() The portion of such fine payable by any person may be recovered from him as a fine or as a public demand under the Bengal Public Demands Recovery Act, 1913.

(5) Every apportionment of collective fne made under sub-section (Z) shall be subject to i·evision by the Commissioner of the Division on application made in that behalf to him by any person affected by such apportionment within thirty days from the date on which such apportionment is made and the decision of the Commissioner thereon shall be final.

31. No act shall be an offence for the purposes of sub- section (1) of section 29 if it is done-

(a) in the exercise of any right in or over such forest, or

(b) in respect of a vested forest, with the permission in writing of a Forest-officer, or

(c) in respect of a controlled forest, with the permission in writing of the owner thereof or of his authorised agent, or

(d) in accordance with rules made under this Act. Nothing

in sub-sec-

tion (1) of

section 29

to prohibit

acts done

in certain

cases.

21

Power to release property seized

under

section 32. · Informa-

. tion to the Magis- trate and procedure there-

upon.

Notice to claimants. of seized forest- produce. The West Bengal Private Ionests Act, 1948.

[ West Bengal Act

(Chapter IV.Penalties and Procedure.-Section 32.35.)

32. (1) When there is reason to believe that a forest- offence has been committed in respect of any forest-pr,oduce, such pr.oduce together with all tools, hoats, motor. vehicles, carts or cattle used in committing any such offence, may be

. seized by ,any F,orest-officer or P,olice-officer. · (2) Every ,officer seizing any property under this secti,on shall place on such property a mark indicating that the same has been so seized, and shall, as soon ,as ·may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:

Prrovid-ed ·that, when the offender is unknown, it shall be sufficient if the ,officer makes, as soon as may be, ra report 0£ the circumstances to his ,official superi.or.

33. Any Rorest-offoer of a rank not inferior to that of a Banger, or rany P.olice-offic-er of a rank not inferior to that of a Sub-Inspector; who, or whose subordinate, has seized any tools, hoats, motor vehicles, carts or cattle under section 32, may release the same on the executi.on by the owner thereof of a bond for the production of the property so released, if and hen so required, before the Magistrate having jurisdic- tion to try the offence ,on account -0£ which the seizure has been made.

34. The Regional F,orest-officer may cause information to be given to a Magistrate reg,arding any forest-offence which he has reason to believe to have been -committed in respect of any forest-produce; and upon receipt of any such informa- tion, the Magistrate shall, with all convenient despatch, tale such measures as may be necessary £or the arrest and trial of the offender and the disposal of the property according to law. · ·

· 35. (I) If a Regional Forest-officer has not caused information to be given to a Magistrate under section 34 in respect of any forest-produce seized under sub-section (1) of section 32, he shall, if there is any doubt as to the person who is -entitled to such produce, cause a notice to be published in such manner as may be prescribed containing a description of such produce and requiring any person who may claim the same to present a written statement of his claim to him within such period as may be specified in such notice.

(2) If only one such ·statement of claim, is pr-esented in respect of any such forest-produce, the ·Regional Forest-officer shall, after making such inquiry as he thinks fit and recording his Feas,ons in writing, either reject the claim or deliver the produce to the daimant.

(3) I£ more than one such statement of claim is presented, the Regional Forest ...officer may, a£ter making such inquiry as he thinks fit and .after recording his reasons in writing, either deliver the forest-produce to such of the persons as he considers to be entitled thereto or refer the claimants to the Civil Court and retain such produce pending receipt of an order from the Civil Court £or its disposal.

20

under

section 34. Disposal of un-

claimed

forest-

produce.

39. When the offender cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the ofrence has been com- pitted to be confiscated and taken charge of by the Regional Forest-officer, or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that· no such order shall be made until the expiry of one month from the date of seizing such property, or without hearing the person, i:!' any, clairoing any right thereto, and the evidence, if any, which he may produce in support of his claim.

38. When the trial of any forest-offence is concluded, Disposal

ny forest-poduce in respect of which such offence has bee "$"4 nit#ed shall, if it has been confiscated, be taken charge {4l' of by a Fm:est~officer. conclu-sion oftrial, Procedure

when off-

ender can-

not be

found.

36. If no statement of claim is presented in respect of any such forest-produce after a notice has been published under sub-section (1) of section 35, or if a person whose claim has been rejected under that section omits to institute a suit under sub-section (4) thereof, the ownership of such forest- produce shall vest in the Provincial Government free from %l' encumbrances, or, when such forest-produce bas been deliver- ed to any person under sub-section (3) of that section, in such person free from all encumbrano@s not created by such person.

37, (I) Any forest-produce in respect of which a fores offence has been committed and information has been given to a Magistrate -o.nder section 34 shall, on the conclusion of the trial for such offence, be made over to the owner of tl1e forest from which it was derived or to any other J_)erson whom the Magistrate deems to be entitled to the same:

Provided that, if it is not known from which forest such produce was derived, such forest-produce and all tools, boats, motor vehicles, carts and cattle used in committing such forest-offence shall be liable to confiscation.

(2) Such confiscation may be in addition to any other punishment which may be awarded under this Act for such offence.

(4) .A.ny person whose claim has been rejected under this section may, +thin three months from the date of rejection ? such claim, institute a suit to recover possession of the forest-produce claimed by him; but no person shall be entitled t recover any compensation or oosts against the Provino1al Govermuent, or against any Forest-o:fficeT, on account of rejection of such claim, or on account of the detention O"

removal of any forest-produce, or the delivery thereof to an other person under this section.

(5) No such forest-produce shall be subject" to any process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been instituted as provided in this section.

Tie West Bengal Private Forests Act, 1948. 2l

XIV of 1948.l

(Chanter IV.-Penalties and Procedure.Sections 36-89.)

23

under

section 32. Appeal

from

orders

under

section

37 or sec- tion 39. Property when to

vest in

Govern-

ment.

Saving of power to release

property seized.

Punish-

ment for wrongful seizure.

22 The West Bengal Private Forests Act, 1948.

I West. Bengal Act

(Chapter IV.-Penalties and Procedure.Sections 4045.)

40. The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seiz- ed under section 82 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with sucl property if it had not been sold.

41, The officer who made the seizure under section 32, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the elate of any order passed by the Magistrate under section 37 or section 39, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appeal- able, and the order passed on such appeal shall be final.

42. When an order for the confiscation of any property has been passed under section 87 or section 89, as the case may be, and the period limited by section 41 for an appeal from such order has expired, and no such appeal has been preferred, or when, on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the Provincial Government free from all encumbrances.

43. Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the Provin- cial Government from directing at any time the immediate release of any property seized under section 32.

44. Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punish- able with imprisonment for a term which may extend to six months, or with fine hich may extend to five hundred rupees, or with both.

Penalty

for coun-

terfeiting

or defac-

ing marks

on trees

and tim-

ber and

for alter-

ingourd-.

ary 1arks.

45. Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code-

knowingly counterfeits upon any timber or standing tree in a controlled or vested forest a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person, or

alters, defaces or obliterates any such mark placed on a tree or on timber in a controlled or vested forest by or under the authority of a Forest- officer, or

(c) alters, moves, destroys or defaces any boundary mark of any forest or waste-land to which the provisions of this Act apply or are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. ActX.LV

of 1860.

()

. (a)

24

ily.

Power to

release on a bond a

person

arrested.

49. The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the Provin- cial Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding six months, or with fine not exceeding five hundred rupees, or with both.

47. Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any per- son under the provisions of section 46, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case or before· the officer-in-charge of the nearest police- station.

48, Every Forest-officer and Police-officer shall· prevent, and may interfere fr the purpose· of preventing, the com- mission of a.ny forest-offence.

The West Bengal Prate Forests Act,· 1948, 23

XIV of 1948.]

(Cha4ten IV.-Penalties and Procedure.Sections 4651.)

46, (1) Any Forest-officer or Police-officer may, with-; Power ilo out orders from a Magistrate and without a warrant, arrest srrest a.nv person against whom a reasonable suspicion exists of 7ho"}; h