GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  XXIII  OF  1969

THE MAHARASHTRA SALE OF TREES BY OCCUPANTS
BELONGING TO SCHEDULED TRIBES (REGULATION)
ACT, 1969

(  As  modified  upto  the  17th  November  2012)

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY
STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI–400 004.

2012

[ Price : Rs. 5.00 ]

THE MAHARASHTRA SALE OF TREES BY OCCUPANTS BELONGING
TO SCHEDULED TRIBES (REGULATION) ACT, 1969
—————

CONTENTS

(i)

PREAMBLE.

SECTIONS.

1.

Short  title  and  commencement.

2. Definitions.

3.

4.

5.

6.

Prohibition.

[Deleted]

[Deleted]

Sale  of  trees  through  Forest  Officers.

7. Appeal.

7A. Revision.

7B.

Power  to  transfer  proceedings.

8.

Penalty.

9. Officers  to  be  public  servants.

10. Execution  of  order  for  payment  of  money.

11. Bar  of  proceedings.

12.

Provisions  of  this  Act  to  be  in  addition  to  any  other  law  for  the  time  being

in  force.

13.

Power  to  make  rules.

14. Repeal  of  Mah.  Ord.  V  of  1969  and  saving.

H  155-1

MAHARASHTRA ACT No. XXIII OF 19691

[THE  MAHARASHTRA  SALE  OF TREES  BY  OCCUPANTS  BELONGING
TO  SCHEDULED TRIBES  (REGULATION) ACT,  1969.]

(This  Act  received  assent  of  the  President  on  the  17th  April  1969  ;  assent  was  first
published   in   the Maharashtra    Government    Gazette,    Extraordinary,   Part   IV,   on    the
18th April  1969.)

1

Amended  by  Mah.  48  of  1969.

”
”
”
”

”
”
”
”

”
”
”
”

31 of 1974* (16-7-1974)†
42 of 1981‡ (4-8-1981)†
16 of 1991£ (14-2-1991)†
6 of 1996 (8-1-1996)†

An  Act  to  regulate  the  disposal  of  trees  standing  in the  holdings  of  persons
belonging to Scheduled Tribes in the State of Maharashtra.

WHEREAS, it  is  necessary  to  regulate  the  disposal  of  trees  standing  in  the  holdings
of  persons  belonging  to  Scheduled  Tribes  in  the  State  of  Maharashtra  and  to  provide
for  matters  connected  therewith;  It  is  hereby  enacted  in  the  Twentieth  Year  of  the
Republic  of  India  as  follows  :—

1.

(1) This  Act  may  be  called  the  Maharashtra  Sale  of  Trees  by  Occupants

belonging  to  Scheduled  Tribes  (Regulation)  Act,  1969.

(2) It  shall  be  deemed  to  have  come  into  force  on  the  3rd  day  of  March  1969.

Mah.
XLI of
1966.

2.

(1) In  this  Act,  unless  the  context  otherwise  requires,—
(a) “appointed  day”  means  the  3rd  day  of  March  1969  ;
(b) “Code”  means  the  Maharashtra  Land  Revenue  Code,  1966  ;
2[(c)  “Colletor”  includes  a  revenue  officer  not  below  the  rank  of  Tahasildar,  or  a
Forest  Officer  not  below  the  rank  of  Range  Forest  Officer,  specially  empowered  by
the  State  Government  to  perform  all  or  any  of  the  functions  of  the  Collector  under
this  Act,  and  different  officers  may  be  empowered  to  perform  different  functions  or
the  same  function  of  the  Collector  ;]

3[(ca)  “Conservator  of  Forests”  means  the  Conservator  of  Forests  of  the

concerned  Circle  ;]

1.  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,  1969,  Part  V,

Bom.
I of
1904.

Extra.,  page  132.

* Mah.  Ord.  XV  of  1974,  was  repealed  by  Mah.  31  of  1974,  s.  7.
† This  indicates  the  date  of  commencement  of  Act.
‡ Mah.  Ord.  No.  XI  of  1981  was  repealed  by  Mah.  42  of  1981,  s.  4.
£ Mah.  Ord.  No.  II  of  1991  was  repealed  by  Mah.  16  of  1991,  s.  5.

Section  4  of  Mah.  16  of  1991  reads  as  under  :—

“4.

(1)  Notwithstanding  anything  contained  in  the  Bombay  General  Clauses  Act,  1904,  but  subject
to  the  provisions  of  sub-section  (2),  on  the  commencement  of  this  Act,  all  applications  for  the
approval  of  any  contract,  pending  before  the  Collector  shall  be  dismissed.

(2) Notwithstanding  anything  contained  in  this  Act,  all  applications  wherein  an  approval  under
sub-section  (4)  is  accorded,  or  an  order  requiring  the  purchaser  to  pay  adequate  price  has  been  made
under  the  proviso  to  sub-section  (5)  of  section  4  of  the  principal  Act  on  any  date  before  the  date
of  commencement  of  this  Act  and  such  applications  are  still  pending  on  the  date  of  commencement
of  this  Act,  then  they  shall  be  proceeded  with  and  disposed  of  by  the  Collector,  as  if  the  provisions
of  this  Act  had  not  come  into  force.”

2.  Clause  (c)  was  substituted  by  Mah.  42  of  1981,  s.  2.
3.  Clause  (ca)  was  inserted  by  Mah.  6  of  1996,  s.  2.

Short  title
and  comm-
encement.

Definitions.

Consequences
of  deletion
of  section  4
of  Mah.
XXIII  of
1969.

2

Maharashtra Sale of Trees by Occupants belonging
to Scheduled Tribes ( Regulation) Act, 1969

[1969 : Mah. XXIII

(d) “Forest  Officer”  means  a  Forest  Officer  within  the  meaning  of  the  Indian  Forest

Act,  1927  ;

XVI of
1927.

(e) “occupant”  means  on  occupant  belonging  to  a  Scheduled  Tribe  ;

(f) “prescribed”  means  prescribed  by  rules  ;

(g) “revenue  officer”  means  a  revenue  officer  within  the  meaning  of  the  Code  ;

(h) “Scheduled  Tribes”  means  such  tribes  or  tribal  communities  or  parts  of  or  group
within,  such  tribes  or  tribal  communities  as  are  deemed  to  be  Scheduled  Tribes  in
relation  to  the  State  of  Maharashtra  under  article  342  of  the  Constitution  of  India  ;

1[(i) “trees”  means  any  trees  in  the  holding  of  an  occupant.]

(2) Words  and  expressions  used  but  not  defined  in  this Act,  shall  have  the

meanings  respectively  assigned  to  them  in  the  Code.

Prohibition.

3.

(1) No  occupant  shall,  after  the  appointed  day,  sell  any  trees  in  his  holding
* assistance  of  the  Collector  as  hereinafter  provided.

*

*

except  with  the 2

(2) Any  sale  of  trees  made  in  contravention  of  the  provisions  of  sub-section  (1)
shall  be  invalid  ;  and  no  person  shall  fell  any  trees  in  pursuance  of  any  sale  of  trees
which  is  invalid.

4.

[ Past  contracts  for  sale  of  trees  required  to  be  approved ]  Deleted  by  Mah. 16

of  1991,  s.  2.

5.

3[ Procedure  for  sale  of  trees  after  appointed  day. ]  Deleted  by  Mah. 31  of

1974,  s.  4.

Sale  of  trees
through
Forest
*

Officers7*

4[6.

(1) Any  occupant,  who  on  and  after  the  commencement  of  the  Maharashtra
Sale  of  Trees  by  Occupants  belonging  to  Scheduled  Tribes  (Regulation)  (Amendment)
Act,  1974,  intends  to  sell  any  trees  in  his  holding,  shall  make  an  application  to  the
Collector  for  assistance  for  the  sale  of  the  trees.  Such    application  shall  be  in  the
prescribed  form,  and  shall  be  accompanied  by  a  certified  copy  of  the  permission,  if
any  granted  under  section  3  of  the  Maharashtra  Felling  of  Trees  (Regulation)  Act,
1964,  and  where  such  permission  is  deemed  to  have  been  granted  under  sub-section
(1C)  of  section  3  of  that  Act,  the  application  shall  state  such  fact  therein.

Mah.
XXXI
of 1974.

Mah.
XXXIV
of 1964.

(2) On  receipt  of  an  application  under  sub-section  (1),  the  Collector  shall,  after
hearing  the  Applicant  and  making  such  inquiry  as  he  may  deem  fit,  decide  whether
the  assistance  sought  for  should  be  granted 5[or  not]  for  sale  of  the  trees  through  a
Forest  Officer 6  *

*.

1. This  Clause  was  substituted  for  the  original  by  Mah.  31  of  1974,  s.  2.
2. The  words  “permission  or”  were  deleted,
3. Section  4  of  Mah.  31  of  1974  reads  as  under  :—

ibid.,  s.  3.

“Provided  that,  where  permission  has  been  granted  for  sale  of  trees  before  the  deletion  of  section
5,  such  deletion  shall  not  effect  the  cutting  or  removal  of  trees  from  the  holding  of  the  occupant.”

4. Section  6  was  substituted  for  the  original  by  Mah.  31  of  1974,  s.  5.
5. These  words  were  inserted  by  Mah.  6  of  1996,  s.  3(1)(a).
6. The  words,  brackets  and  figure  “or  for  reasons  to  be  recorded  in  writing,  the  trees  may  be  sold

by  auction  as  provided  in  sub-section  (4)”  were  deleted,
ibid.,  s.  3  (4)

7. The  words  “or  by  auction”  were  deleted,

ibid.,  s.  3(1)  (b).

1969 : Mah. XXIII]

Maharashtra  Sale  of  Trees  by  Occupants  belonging
to  Scheduled  Tribes  (  Regulation)  Act,  1969

3

(3) If  the  Collector  decides  to  grant  such  assistance,  the  Collector  shall  arrange
for  the  sale  of  the  trees  in  such  manner  as  the  State  Government  may  by  order  direct
(including  provision  in  such  direction  for  circumstances  in  which  deposits  made  at
sales  may  be  forfeited)  through  a  Forest  Officer  who  is  duly  authorised  by  the  State
Government  in  this  behalf,  so  as  to  secure  the  maximum  price  for  such  trees.

1(4) *

*

*

2[(5) Payment  of  advance  amount  prior  to  the  sale  of  trees  and  the  payment  of  the
proceeds    of    the    sale    shall  be  made  by  the  Collector  in  the  following  manner,
namely  :—

(a) twenty  per  cent.  of  the  net  estimated  value  of  the  trees  to  be  sold  shall  be
paid  within  thirty  days  from  the  date  of  the  decision  for  grant  of  assistance  for
the  sale  of  trees  under  sub-section  (2).

(b) thirty  per  cent.  of  the  net  estimated  value  of  the  trees  to  be  sold  shall  be
paid  within  thirty  days  from  the  date  of  transportation  of  the  felled  trees  to  the
sales  depot  ;

(c) the  proceeds  of  the  sale,  after  deducting  the  amount  paid  under  clauses  (a)
and  (b),  the  expenses  of  the  sale  and  other  expenses  as  have  been  incurred,  shall
be  paid  within  one  hundred  and  twenty  days  from  the  date  of  transportation  of
the  felled  trees  to  the  sales  depot.]

7. Every  person  aggrieved  by  an  order  or  decision  of  the  Collector  under  this
Act  may,  within  thirty  days  of  the  receipt  of  such  order,  appeal  to  such  authority  as
may  be  prescribed  in  this  behalf.  Subject  to  such  rules  of  procedure  as  may  be
prescribed,  the  appellate  authority  may,  after  giving  such  person  a  reasonable
opportunity  of  being  heard,  pass  such  order  on  the  appeal  as  it  thinks  just  and  proper.

Appeal.

3[7A. 4[(1) The  State  Government  or  the  Conservator  of  Forests  may,  suo  motu
or  on  an  application  made  to  it  or  him  by  an  aggrieved  person,  for  the  purpose  of
satisfying  itself  or  himself  as  to  the  legality  or  propriety  of  any  decision  or  order
passed  by,  or  as  to  the  regularity  of  the  proceedings,  of  the  Collector  or  any  Forest
Officer,  call  for  and  examine  the  record  of  any  inquiry  or  proceedings  of  any  case
pending  before  or  disposed  of  by  such  Collector  or  Forest  Officer  :

Revision.

Provided  that  no  such  record  shall  be  called  for  by  the  State  Government  or  the
Conservator  of  Forests,  if  the  application  is  made  after  six  months  from  the  date  of
receipt,  by  the  applicant,  of  the  decision  or  order  sought  to  be  revised].

1. Sub-section  (4)  was  deleted  by  Mah.  6  of  1996,  s.  3  (2).
2. Sub-section  (5)  was  substituted, ibid,  s.  3  (3).
3. Section  7A  was  inserted  by  Mah.  31  of  1969, s.  6.
4. Sub-section  (1)  was  substituted  by  Mah.  6  of  1996,  s.  4  (1).

4

Maharashtra Sale of Trees by Occupants belonging
to Scheduled Tribes ( Regulation) Act, 1969

[1969 : Mah. XXIII

(2) If,  in  any  case,  it  shall  appear  to  the  State  Government  or  the 1[  Conservator
of  Forests  ]  that  any  decision  or  order  or  proceedings  so  called  for  should  be  modified,
annulled  or  reversed,  it  or  he  may  pass  such  order  thereon  as  it  or  he  thinks  fit  :

Provided  that  the  State  Government  or  the 1[Conservator  of  Forests]  shall  not  pass
any  order  under  this  section  which  adversely  affects  any  person,  unless  such  person
has  been  given  a  reasonable  opportunity  of  being  heard.  ]

2[7B. The  State  Government  may,  by  general  or  special  order,  withdraw  any
applications,  appeals  or  other  proceedings  under  this  Act  pending  before  any  officer
or  authority  and  transfer  the  same  for  disposal  to  any  other  officer  or  authority  as
the  case  may  be,  having  jurisdiction.]

8. (1) Any  person,  who  fells  any  trees  in  any  holding  or  removes  them  therefrom
in  pursuance  of  any  sale  which  is  invalid  under  section  3, 3  *
shall,  on
conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend  to  six  months
or  with  fine  which  may  extend  to  two  thousand  rupees,  and  trees  felled,  if  any,  in
contravention  of  this  Act  may  be  confiscated  by  order  of  the  Court.

*

(2) The  Magistrate  may  order  that  the  whole  or  any  part  of  the  fine  so  imposed

may  be  paid  to  the  occupant  as  compensation.

Power  to
transfer
proceedings.

Penalty.

Officers  to
be  public
servants.

9. The  officers  exercising  the  powers  or  discharging  any  duties  or  functions  under
this  Act  shall  be  deemed  to  be  public  servants  within  the  meaning  of  section  21  of
the  Indian  Penal  Code.

XLV
o f
1860.

Execution  of
order  for
payment  of
money.

10. Any  sum  the  payment  of  which  has  been  directed  by  the  Collector  under
this  Act  may  be  recoverable  from  the  person  ordered  to  pay  the  same  as  an  arrear  of
land  revenue.

Bar  of
proceedings.

11. No  suit  or  proceedings  shall  lie  against  the  State  Government  or  against  any
person  empowered  to  exercise  the  powers  or  to  perform  the  duties  or  to  discharge
the  functions  under  this  Act  for  anything  in  good  faith  done  or  purported  to  be  done
by  or  under  this  Act.

Provisions
of  this  Act
to  be  in
addition  to
any  other
law  for  the
time  being
in  force.

Power  to
make  rules.

12. The  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in  derogation  of
the  provisions  of  any  other  law  for  the  time  being  in  force  prohibiting  or  regulating
the  felling  of  trees.

13.

(1)  The  State  Government  may,  by  notification  in  the Official  Gazette,  and
subject  to  the  condition  of  previous  publication  make  rules  for  carrying  into  effect
the  purposes  of  this  Act.

1. These  words  were  substituted  for  the  word  “Commissioner”  by  Mah.  6  of  1996,  s.  4  (2).
2. Section  7B  was  inserted  by  Mah.  42  of  1981,  s.  3.
3. The  words  and  figure  “or  in  contravention  of  any  order  made  by  the  Collector  under  section

4”  were  deleted  by  Mah.  16  of  1991,  s.  3.

1969 : Mah. XXIII]

Maharashtra  Sale  of  Trees  by  Occupants  belonging
to  Scheduled  Tribes(  Regulation)  Act,  1969

5

(2) Every  rule  made  under  this  section  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  so  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  such  notification,  have  effect  only  in
such  modified  form  or  be  of  no  effect,  as  the  case  may  ;  so,  however,  that  any  such
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of  anything
previously  done  or  omitted  to  be  done  under  that  rule.

Mah.
Ord.
V  of
1969.

14.

(1) The  Maharashtra  Sale  of  Trees  by  Occupants  belonging  to  Scheduled  Tribes

(Regulation)  Ordinance,  1969  is  hereby  repealed.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any
rules  made)  under  the  said  Ordinance  shall  be  deemed  to  have  been  done  or  taken
under  this  Act.

Repeal  of
Mah.  Ord.  V
of  1969  and
saving.

GPK.–H  155-3,360  Bks.-11.2013

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