GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXIX
OF 1975.

THE MAHARASHTRA PRIVATE
FORESTS
(ACQUISITION)  ACT,  1975.

(  As  modified  upto  the  25th  April,  2013  )

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THE MAHARASHTRA  PRIVATE FORESTS (ACQUISITION) ACT, 1975

-------------

CONTENTS

(i)

PREAMBLE.

SECTIONS.

1.

Short title, extent, and commencement.

2. Definitions.

3. Vesting of private forests in State Government.

4.

5.

6.

7.

Step to be taken by Government on acquisition of private forests.

Power to take over possession of Private Forests.

Settlement of disputes.

Payment of amount to owners of private forests.

8. Application for payment of amount.

9. Collector to determine amount.

10. Manner in which amount to be paid.

11. Deduction of amount of encumbrances from amount payable to owner.

12.

Payment of amount for extinguishment of rights of other persons.

13. Appeals.

14.

Procedure before Tribunal.

15. Limitation.

16. Court fees.

17.

Finality of award and decision of Tribunal.

18. Revision.

19.

20.

Inquiries and proceedings before Collector and Tribunal to be judicial proceedings.

Indemnity.

21. Declaration of certain lands as private forests.

21A.

Saving of certain afforested lands.

22. Owner of private forest to deliver records to authorised officers.

22A. Restoration of forest land to owner in certain circumstances.

22B.

Power of Collector to grant private forest vested in the State for public purpose in
certain cases.

23.

Power to make rules.

24. Repeal of sections 34 A to 37 of Forest Act.

H  233-1

1

MAHARASHTRA  ACT  No.  XXIX  OF  1975 1
[THE MAHARASHTRA PRIVATE FORESTS (ACQUISITION) ACT, 1975.]

(This Act received the assent of the President on the 25th day of August, 1975; assent
was first published in the Maharashtra Government Gazette,  Part IV, on the 29th August
1975).
Amended by Mah. 72 of 1975* (1-10-1975)†

''
   ''
  ''

''
''
''

'' 14 of 1978 (26-4-1978)†
'' 5 of 1980 (12-2-1980)†
 5 of 1998  (6-2-1998)†
''

An Act to acquire private forests in the State and to provide for certain other matters.

2[WHEREAS,  the  forest  land  in  the  State  is  inadequate ;
AND WHEREAS, the private forest in the State is generally in highly degraded and
over-exploited  state,  and  is  adversely  affecting  agriculture  and agricultural  population  ;
AND WHEREAS  it  is,  therefore,  expendient  to  acquire  private  forests  in  the  State
of  Maharashtra  generally  for  conserving  their  material  resources  and  protecting  them
from destruction or over-exploitation by their owners and for promoting systematic and
scientific development and management of such forests for the purpose of attaining and
maintaining ecological balance in the public interest, for improving the socio-economic
conditions of the rural population, and particularly of the adivasis and other backward
communities  who  generally  live  in  forest  areas,  for  developing  as  pasture  the  forest
suitable for the purpose, for assigning a part of the private forest to the rural community
for controlling the soil erosion both in the forest areas and in the lower level agricultural
lands, for conserving soil moisture, for improvement of the water regime and raising the
water  table,  for  retarding  the  siltation  of  dams  and  tanks,  for  distribution  of  forest
produce for the common good and perventing the concentration of forest wealth to the
common  detriment, for distribution of  the mature exploitable forest produce as  best  to
subserve  the  common  good,  for  promoting  employment  opportunities  based  on  forest,
for  meeting  the  requirements of  forest produce  including  fire-wood with a  view inter-
alia  to  decrease  the  dependence  on  cow-dung,  and  in  particular,  for  afforestation  of
private forest wherever feasible on scientifie lines, and thereby create conditions for the
preservation  of  soil,  conservation  of  water,  prevention  of  erosion  of  soil  and  for
improvement of land and underground water resources to the best interest of agriculture
and agriculturists is such private forest and other land in the State, and for undertaking
schemes 3[for  such  purposes]  ;

AND  WHEREAS  it  is  also  expendient  to  provide  that  in  the  case  of  owners  of
private forests (other than those whose lands were used for extracting minor minerals
such as stone quarries) whose total holdings of lands became less than twelve hectares
on  the  appointed  day  on  account  of  acquisition  of  their  forest  lands  under  this  Act,
or  whose  total  holdings  of  lands  was  already  less  than  twelve  hectares  on  the  day
immediately  preceding  the  appointed  day,  the  whole  or  the  appropriate  portion  of
  so  acquired  shall  be  restored  to  and  revested  in  them,  so  that
their  forest   lands

1.  For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette, 1975,  Part  V,  560.
2.  This  preamble  was  deemed  always  to  have  been  substituted  for  the  original  by  Mah.  72  of

            1975,  s.  2,

3.  These  words  were  substituted  the  words  ''for  these  and  other  purposes  as  hereinafter  provided

          and  to  provide  for  matters  connected  therewith  ''by  Mah.  14  of  1978,  s.  2.

* Maharashtra  Ordinance  No.  XIII  of  1975  was  repealed  by  Mah.  72  of  1975,  s.  6.
†  This  indicates  the  date  of  commencement  of  the  Act.
‡  Maharashtra  Ordinance  No.  II  of  1978  was  repealed  by  Mah.  14  of  1978,  s.  5.

2

Maharashtra Private Forests (Acquisition) Act, 1975

[1975 : Mah. XXlX

their total holdings of lands may be twelve hectares or less, as the case may be, and
they may be able to  continue to earn their livelihood from such lands ; and to provide
for  certain  other  purposes  hereinafter  appearing;]  It  is  hereby  enacted  in  the  Twenty-
sixth  Year  of  the  Republic  of  India  as  follows

:—

(1) This Act may be called the Maharashtra Private Forests (Acquisition) Act, 1975.

1.
(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.
(3) It shall come into force on such date 1 as the State Government may, by notification

in  the Official  Gazette, appoint.

Short  title,
extent  and
commence-
ment.

Definitions.

2.

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;
(c)  “Collecter”  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  ;

Mah.
XLI
o f
1966.

2 [(c-i) ''forest'' means a tract of land covered with trees (whether standing, felled,
found or othrewise), shrubs, bushes, or woody vegetation, whether of natural growth
or planted by human agency and existing or being maintained with or without human
effort,  or  such tract  of  land  on  which  such growth  is  likely  to  have  an effect  on  the
supply of timber, fuel, forest produce, or grazing facilities, or on climate, stream flow,
protection  of  land  from  erosion,  or  other  such  matters  and  includes—

(i)  land  covered  with  stumps  of  trees  of  forest  ;
(ii) land which is part of a forest or lies within it or was part of a forest or was

lying  within  a  forest  on  the  30th  day  of  August  1975  ;

(iii) such pasture land, water-logged or cultivable or non-cultivable land, lying
within  or  linked  to  forest,  as  may  be  declared  to  be  forest  by  the  State  Government  ;
(iv)  forest  land  held  or  let  for  purpose  of  agriculture  or  for  any  purposes

ancillary  thereto  ;

(v)  all  the  forest  produce  therein,  whether  standing,  felled,  found  or  otherwise  ;]
(d)  ''Forest  Act''  means  the  Indian  Forest  Act,  1927  in  its  application  the  State

of  Maharashtra  ;

(e)  “prescribed''  means  prescribed  by  rules  made  under  this  Act  ;
(f) “private forest'' means any forest which is not the property of Government and

includes,—

(i) any land declared before the appointed day to be a forest under section 34A

of  the  Forest  Act  ;

(ii)  any  forest  in  respect  of  which  any  notification  issued  under  sub-section
(1) of section 35 of the Forset Act, is in force immediately before the appointed

day  ;

(iii) any land in respect of which a notice has been issued under sub-section (3)
of section 35 of the Forest Act, but excluding an area not exceeding two hectares
in  extent  as  the  Collector  may  specify  in  this  behalf  ;

(iv) land in  respect of which  a notification has been  issued under section  38 of

the  Forest  Act  ;

1.  30th  August,  1975 vide  G.  N.,  R.  and  F.  D.,  No  PRF.  1073/40845-F-2,  dated  29th  August,  1975.
2.  Clause (c-i)  was  deemed  always  to  have  been  inserted  by  Mah.  72  of  1975,  s.  3.

XVI
o f
1927.

Mah.
XXVII
o f
1961.

1975 : Mah. XXIX] Maharashtra Private Forests (Acquisition) Act, 1975

3

(v)  in  a  case  where  the  State  Government  and  any  other  person  are  jointly

interested  in  the  forest,  the  interest  of  such  person  in  such  forest  ;

(vi) sites of dwelling houses constructed in such forest which are considered to
be necessary for the convenient enjoyment or use of the forest and lands appurtenant
thereto  ;

(g)  ''Tribunal''  means  the  Maharashtra  Revenue  Tribunal  constituted  or  deemed

to  be  constituted  under  the  Code  ;

3.

(h) words and expressions used in this Act but not defined threin shall have the
meanings assigned to them in the Code, or as the case may be, in the Forest Act.
(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 threto,
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  ceiling  area  provided  by
section 5 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, for the
time being in force or any building or structure standings thereon or appurtenant thereto.
(3) All private forests vested in the State Government under sub-section (1) shall be

deemed  to  be  reserved  forests  within  the  meaning  of  the  Forest  Act.

4. On acquisition of private forests, the State Government shall take or cause to be
taken steps for afforestation of forest fands 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
subserve  agriculture 1[for  distribution  of  the  mature  exploitable  forest  produce  as  best
to  subserve  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 implements, bullock-carts and
houses,  trellis  and  scaffolding  for  orchards,  schemes  to  promote  utilisation  of  forest
produce, such as leaves for manure and fooder, thorns for fencing, grass and gazing for
cattle  and  edible  forest  produce  for  consumption,  schemes  to  promote  employment
opportunities  of adivasis and  other  based  on  forest  produce  and  schemes  calculated  to
meet  fuel  requirements.]

2[5. 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.]

1.  This  portion  was  deemed  always  to  have  been  substituted  for  the  portion  beginning  with  ''and

in  particular''  and  ending  with  ''population  of  the  State''  by  Mah.  72  of  1975,  s.  4.

2  Section  5  was    deemed  always  to  have  been  substituted  for  the  original

ibid.  s.  5.

H-233-2

Vesting  of
private
forests  in
State
Government.

Step  to  be
taken  by
Government
o n
acqusition
of  private
forest.

Power  to
take  over
possession
of  private
forest.

4

Maharashtra Private Forests (Acquisition) Act, 1975

[1975 : Mah. XXlX

Settlement  of
disputes.

6. Where  any question  arises as  to whether  or not  any forest  is a  private forest,  or
whether or not any 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.

Payment  of
amount  to
owners  of
private
forests.

7.

(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  dewelling  houses  and  amount  claculated  in  accordance  with  the  provisions
of  sections  23  and  24  of  the  Land  Acquisition  Act,  1894.

1  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.

Application
for  payment
of  amount.

8. 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.

Collector  to
determine
amount.

9.

(1) On receipt of an application under section 8, the Collector shall, after making
a  formal  enquiry  in  the  manner  provided  in  the  Code,  make  an  award  determining  the
amount  payable  to  the  owner  unde  section  7.

Manner  in
which
amount  to
be  paid.

Deduction
of  amount
of  encum-
brances
for  amount
payable  to
owner.

(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 fitty thousand rupees, the award shall not be made without the previous
approval  of  the  Collector  appointed  under  section  7  of  the  Code.

10.

(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 amout
is  paid.

11.

(1)  During  an  inquiry  held  under  section 9,  the  Collctor  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 amout  payable to the owner shall be distributed
amongst  the  holders  of  the  encumbraces  in  proportion  to  the  respective  amounts  of
encumbrances, and having regard to the  claims inter-se of  such holders on the  basis of
their  priorities  :

1975 : Mah. XXIX] Maharashtra Private Forests (Acquisition) Act, 1975

5

Provided that, if any sum of money is due to the State Government by the owner of
a  private  forest,  such  sum  of  money  shall  first  be  adjusted  against  the  amount  payable
to  such  owner  by  the  State  Government  and  the  surplus  alone  shall  be  available  as  the
balance to be paid to the owner under clause (a), or as the case may be, as the amount
to  be  distributed  amongst  the  holders  of  encumbrances  under  clause (b).

(3) If the determination of any issue under this section involves any question of law
regarding the validity of any encumbrance or the claim of the holder of any encumbrance,
or any  question regarding the amount  due to the  holder in respect of  the encumbrance,
the  Collector  shall,  in  the  manner  prescribed,  refer  the  question  for  decision  to  the
relevant Civil Judge within the territorial limits of whose jurisdiction the forest is situate.
On receipt of such reference, the Judge concerned shall, after giving notice to the parties
concerned,  try  the  question  referred  to  him  and  record  findings  thereon,  and  send  the
same to the Collector. The Collector shall then give decision in accordance with the said
findings.

(4) Nothing  in  this  section  shall  affect  the  rights  of  the  holder  of  any  such
encumbrances  to proceed  to  enforce against  the owner  of  the private  forest  his right  in
any  other  manner  or  under  any  other  law  for  the  time  being  in  force.

12.

(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.

(4) The  amount  so awarded  to  the  applicant shall  be  liable  to  be deducted  from  the

amount  determined  as  payable  to  the  owner  of  such  private  forest  under  section  7.

Payment  of
amount  for
extinguishment
of  rights  of
other
persons.

13. 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.

Appeals.

14.

(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.

15. 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  Limitaion  Act,  1963,  shall  apply  to  the  filing  of  such  appeal.

Procedure
before
Tribunal.

Limitation.

16. Notwithstanding  anything  contained  in  the *Bombay  Court-fees  Act,  1959,
every appeal made under this Act to the Tribunal shall bear a court-fee stamp of five rupees.

Court  fees.

*  The  short  title  of  this  Act  was  amended  as  ''the  Maharashtra  Court-fees  Act''  by  Mah.  24  of  2012,

Sch.,  entry  77,  w.  e.  f.  1-5-1960.

V  of
1908.

36  of
1963.
Bom.
XXV
o f
1959.

Finality
o f
award
and
decision
o f
Tribunal.
Revi-
sion.

Inqui-
ries
and
procee-
dings
before
Colle-
ctor
and
Tribu-
nal
to  be
judicial
procee-
ding.

Inde-
mnity.

Decl-
aration
o f
certain
lands
as
private
forests.

6

Maharashtra Private Forests (Acquisition) Act, 1975

[1975 : Mah. XXIX

17. 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  Goverment  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.

18. 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 unless opportunity has been given to the interested parties to appear and be
heared.

19. 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.

20. 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.

21. (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 Offcial  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  situtarion  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  Government  shall  issue  a  notice  to  the  owner  of  such  tract
of land and to all other persons having an interest in such tract of land, calling on them
to  show  cause,  within  a  reasonable  period  to  be  specified  in  such  notice,  why  such
declaration  should  not  be  made.

(3) After hearing the objections, if any, of the owner and other persons and considering
any evidence that they may produce in support of the same, the Collector, or as the case
may  be,  the  authorised  officer  shall  submit  his  report  to  the  State  Government,  along
with  the  objections,  proceeding  and  his  opinion  whether  the  tract  of  land  should  or
should  not  be  declared  to  be  a  private  forest.

1975 : Mah. XXIX] Maharashtra Private Forests (Acquisition) Act, 1975

7

(4) After  taking  into  consideration  the  objections,  proceedings  and  report  and  the
opinion  of  the  Collector,  or  as  the  case  may  be,  of  the  authorised  officer,  the  State
Government shall decide, whether such tract of land or any part thereof should or should
not  be  declared  to  be  a  private  forest,  and  such  decision  shall  be  final.

(5) If the State Government decides to declare such tract of land or any part thereof
to  be  a  private  forest,  it  shall  publish  such  decision  by  a  notification  in  the Official
Gazette.

(6) Upon  publication  of  the  notification  under  sub-section (5),  the  tract  of  land  in
question or any part thereof shall be deemed to be private forest, and thereupon, all the
provisions of this Act shall apply thereto, subject to the modification that the appointed
day  in  relation  thereto  shall  be  deemed  to  be  the  date  of  the  issue  and  publication  of
the  notification  in  the Official  Gazette  under  sub-section (5)  in  relation  thereto.

(7) If  the  State  Government  decides  not  to  declare  such  tract  of  land  or  any  part
thereof  to  be  a  private  forest,  it  shall  commnicate  its  decision  to  all  persons  interested
in  such  tract  of  land  or  any  part  threof.

(8) On the publication of a  notification under sub-section (1) in respect  of any tract
of  land,  it  shall  not  be  lawful  for  the  owner  of  such  tract  of  land  or  any  other  person
to  do  therein,  except  with  the  previous  permission  in  writing  of  the  Divisional  Forest
Officer,  any  of  the  following  things,  for  a  period  of  one  year  from  the  date  of  such
publication,  or  till  the  date  of  the  publication  of  the  notification  under  sub-section (5),
or as the case may be, till the date of communicating the decision under sub-section (7),
whichever  period  expires  earlier,  namely  :—

(a) the  breaking  up  or  cleaning  of  the  land  for  cultivation  ;
(b) the  pasturing  of  cattle  ;
(c) the  firing  or  cleaning  of  the  vegetation  ;
(d) the girding, tapping or burning of any tree or the stripping off the back or leaves

from  any  tree  ;

(e) the  lopping  and  pollarding  of  tree  ;
(f) the  cutting,  sawing,  conversion  and  removal  of  trees  and  timber  ;  or
(g) the  quarrying  of  stone  or  the  burning  of  lime  or  charcoal  or  the  collection  or

removal  of  any  forest  produce  or  its  subjection  to  any  manufacturing  process.

(9) If any person contravenes the provisions of sub-section (8), he shall, on conviction,
be punished with imprisonment for a term which may extend to six months or with fine
or  with  both.

1[21A. 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.]

22.

(1)  Whenever  an  officer  authorised  by  the  State  Goverment  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.

1.  Section  21A  was  inserted  by  Mah.  5  of  1998  s.  2.

Saving  of
certain
afforested
lands.

Owner  of
private
forest
to  deliver
records  to
authorised
officers.

Restoration
of  forest
land  to
owner  in
certain  cir-
cumstances.

Mah.
XIV
o f
1978.

8

Maharashtra Private Forests (Acquisition) Act, 1975

[1975 : Mah. XXIX

(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.

(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,  or suo  motu  at  any  time,  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 acquision 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  him,  so,  however,  that  his  total  holding  of  land,  on  the
appointed  day,  shall  not  exceeed  twelve  hectares.

(2) After the Collector has determined the area and situation of the land to be restored
to any  owner of private forest,  the Collector shall make  an order, that with  effect from
the  date  of  his  order,  the  land  specified  therein,  which  was  acquired  and  vested  in  the
State  Government,  shall  cease  to  be  a  reserved  forest  within  the  meaning  of  the  Forest
Act,  be  deemed  to  have  been  regranted  to  the  owner  and  shall  be  revested  in  him,
subject, however, to all encumbrances if any, lawfully subsisting on the day immediately
preceding  the  appointed  day,  which  shall  stand  revived.  Possession  of  the  land  so
restored shall be given by the Collecter to the owner as far as may be practicable under
the  circtmstances,  within  a  period  of  one  month  from  the  date  of  the  order.

(3) If the amount payable to the owner of private forest under section 7 has been paid
to  him  or  the  holder  of  the  encumbrances,  if  any,  the  Collector  shall  determine  what
would have been the amount or the proportionate amount payable to him under section
7  in  respect  of  the  land  restored  to  him  under  sub-section (2),  without  taking  into
consideration the deductions to be made for paying the holders of encumbrances, if any,
and  shall  by  order  direct  the  owner  to  repay  the  amount  so  determined  to  the  State
Government, within a period of six months from the date of receipt of such order by the
owner.  If  the  amount  is  not  repaid  in  time,  it  shall  be  recoverable  as  an  arrear  of  land
revenue. When any amount due is repaid by the owner to the State Government, he shall
be entitled to make necessary adjustment with the holders of the encumbrances, if any,
for any payment made to them by the State Government in respect of the land revested
in the  owner.

(4) Notwithstanding  anything  contained  in  the  Code  or  this  Act,  no  appeal  shall  lie
against any decision or order of the Collector under this section, but the Commissioner
or the State Government may, within a period not exceeding one year from the date of
such  decision  or  order,—

(a) call for the record of any inquiry or proceedings of the Collector for the purpose
of  satisfying  himself  or  itself  as  to  the  legality  or  propriety  of  such  decision  or  order,
and  as  to  the  regularity  of  such  proceedings,  as  the  case  may  be,  and

(b) pass  such  order  thereon  as  he  or  it  deems  fit  :

Provided that, on such decision or order shall be modified, annuled or reversed, unless

opportunity  has  been  given  to  the  interested  parties  to  appear  and  to  be  heard.

1.  Section  22A  was  inserted  by  Mah.  14  of  1978  s.  3.

1975 : Mah. XXIX] Maharashtra Private Forests (Acquisition) Act, 1975

9

(5) Any decision taken or order made under this section by the Collector, subject to
any revision by the Commissioner or the State Government, and any order made by the
Commissioner  or  the  State  Government  in  revision,  shall  be  final  and  conclusive  and
shall  not  be  questioned  in  any  suit  or  proceeding  in  any  Court.

(6) Nothing contained in this section shall apply to any land in a private forest which
was used immediately before the appointed day for extracting of minor mineral such as
stone  quarries.  Accordingly,  such  land  shall  not  be  taken  into  consideration  and  shall
not  be  liable  to  be  restored  under  this  section.]

1[22B. 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, for such public purpose.]

23.

(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  of  no  effect,  as  the  case  may  be  ;  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.

I  of
1894.

Power  of
Collector  to
grant  private
forest  vested
in  the  State
for  public
purpose  in
certain  cases.

Power  to
make  rules.

24.

2[(1)] On and from the appointed day, sections 34A, 35, 36A, 36B, 36C, and 37

of  the  Forest  Act  shall  stand  repealed.

Mah.
XIV
o f
1978.

3 [(2)   Notwithstanding  anything  contained  in  sub-section (1),  on  and  from  the  date
of  commencement  of  the  Maharashtra  Private  Forests  (Acquisition)  (Amendment)  Act,
1978, sections 34A, 35, 36, 36A, 36B, 36C ard 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.]

Repeal  of
sections
34A  to  37
of  Forest
Act.

1.  Section  22B  was  inserted  by  Mah.  5  of  1980  s.  2.
2.  Section  24  was  re-numbered  as  sub-section  (1),  by  Mah.  14  of  1978  s.  4.
3.  Sub-section  (2)  was  added,

ibid.,  s.  4.

H  233-7060  Bks.-11.2013

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