THE
CHHATTISGARH VAN BHUMI SHASHWAT PATTA PRATI SANHARAN ADHINIYAM, 1973[1] [Act No. 33 of 1973] [06th July, 1973] An
Act to revoke all perpetual leases of forest land in Chhattisgarh and for
matters connected therewith. Be
it enacted by the Chhattisgarh Legislature in Twenty-fourth Year of the
Republic of India as follows :— (1)
This Act may be called the
Chhattisgarh Van Bhumi Shashwat Patta Prati Sanharan Adhiniyam, 1973. (2)
It extends to whole of the State of
Chhattisgarh. (3)
It shall come into force on such date[2] as
the State Government, may, by notification, appoint. In
this Act, unless the context otherwise requires,— (a)
“appointed date” means the date
appointed under sub-section (3) of Section 1; (b)
“forest land” mens Government land
having growth which are under perpetual lease; (c)
“Industrial lease” means a lease of forest
land for supply of forest produce as raw material to an industry; (d)
“lessee” means the holder of a
perpetual lease; (e)
“perpetual lease” means lease of
forest land for a period of 30 years or more but does not include an industrial
lease; (f)
the words and expressions used but not
defined in this Act, and defined in the Indian Forests Act, 1927 (No. 16 of
1927), shall have the meaning respectively assigned to them in that Act. (1)
Save as otherwise provided in this
Act, on and from the appointed date all perpetual leases of forest land which
were heretofore granted by special grant of, or contract with, the State
Government or under the provision of any law or rule for the time being in
force or in pursuance of any other instrument shall, notwithstanding anything
contained in any such grant, contract, law, rule or instrument, stand revoked
and resumed by the State Government. (2)
Upon the revocation of perpetual
leases under sub-section (1), the following consequences shall ensue, namely,— (a)
all rights, titles and interest
vesting in the lessee or any person having interest through the lessee in the
forest land including land cultivable or barren, grass land; trees, plants not
being trees (including grass, creepers, reeds and moss) or forest produce shall
cease and shall stand resumed by the State Government free from all
encumbrances, and the charge on any such right shall be a charge on amount
payable for the lease hold right to the lessee under the provisions of this
Act; (b)
the interest of the lessee so revoked
and resumed shall not be liable to attachment or sale in execution of any
decree or other process of any Court, civil or revenue and any attachment
existing at the appointed date and any other attachment passed before the said
date shall, subject to the provisions of Section 73 of the Transfer of Property
Act, 1881 (No. 4 of 1882), cease to be in force. All
such forest lands under perpetual lease as were cleared up and brought under
cultivation by the lessee before the appointed date shall, subject to the
ceiling limit fixed under the Chhattisgarh Ceiling on Agricultural Holdings
Act, 1960 (No. 20 of 1960), be settled with the lessee by the State Government
on such terms and conditions as it may determine : Provided
that nothing in this section shall apply where land has been cleared up and
brought under cultivation in contravention of the terms and conditions of the
perpetual lease. On
the appointed date, the Collector shall take possession of all forest lands
under perpetual lease other than those specified in Section 4. (1)
Every lessee whose perpetual lease
stands revoked under sub-section (1) of Section 3 shall, within a period of two
months from the appointed date, file a statement in respect of forest land held
under perpetual lease by him before the Collector in the prescribed form and
specify therein the following particulars, namely,— (i)
name of the lessee; (ii)
full particulars of the forest land
held by the lessee under perpetual lease; (iii)
full particulars of the pending
litigations, if any respecting the forest land or part thereof; (iv)
such other particulars as may be
prescribed. (2)
Every statement made by the lessee
shall be accompanied by a certified copy of the lease deed and such other
documents as may be prescribed. (3)
Every such statement shall be signed
and verified in accordance with Order VI, Rule 15 of the Code of Civil
Procedure, 1908 (No. 5 of 1908). (1)
On receipt of the statement under
Section 6, or if no statement is received within the period specified in
sub-section (1) of Section 6, the Collector shall, after making such enquiry as
he thinks fit and giving an opportunity to the lessee to be heard, determine
the amount payable to the lessee in accordance with the principles set out in
the Schedule and record in a statement in the prescribed form the details of
the perpetual lease revoked in lieu of payment of such amount. (2)
A copy of the statement recorded by
the Collector under sub-section (1) shall be supplied free of cost to each lessee. The
provisions of Chapter V of the Chhattisgarh Land Revenue Code, 1959 (No. 20 of
1959), relating to appeal, revision and review shall apply to an order passed
by the Collector under Section 7 as they apply to order passed by a Collector
under the said Code. Except
an authority before whom an appeal or revision under Section 8 is pending
against an order of the Collector, no Court or authority shall, notwithstanding
anything contained in any law for the time being in force, issue any injunction
against any person in respect of any proceedings before the Collector under
Section 5 which shall have the effect of staying the proceedings. (1)
The State Government shall pay to each
lessee whose perpetual lease is revoked under Section 3, amount determined
under Section 7 in accordance with the principles set out in the Schedule. (2)
Subject to the provisions of this Act,
and the rules made thereunder the amount payable under sub-section (1) shall be
paid in cash and shall carry interest at the rate of two and a half per centum
per annum from the said date to the date of payment: Provided
that no interest shall be payable where the amount remains unpaid on account of
a default on the part of the lessee and a notice of not less than thirty days
has been given to him in the prescribed form and manner in that behalf. (3)
The payment of an amount to the lessee
in accordance with the provisions of this Act, and the rules made thereunder
shall be full discharge of the State Government from all liability to pay any
amount in lieu of revocation of perpetual lease of the forest land and no
further claims for any payment whatsoever in respect of such forest land shall
thereupon lie against the State Government. (1)
The State Government may make rules
for carrying out all or any of the purposes of this Act. (2)
In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely,— (a)
the terms and conditions on which
forest land under cultivation shall be settled under Section 4; (b)
(i) form in which statement shall be
filed under sub-section (1) of Section 6; (ii)
other particulars under clause (iv) of sub-section (1) of Section 6; (iii)
other documents under sub-section (2) of Section 6; (c)
form in which statement shall be
recorded by the Collector under sub-section (2) of Section 7; (d)
the form and the manner in which
notice shall be given under the provison to sub-section (2) of Section 10; (e)
any matter which has to be or may be
prescribed. (3)
All rules made under this Act, shall
be laid on the table of the Chhattisgarh Legislative Assembly. Nothing
contained in this Act, shall apply to a perpetual lease entire income whereof
is appropriated for promotion of the interests of the general public or for the
promotion of the educational or economic interests of the weaker sections of
the people and in particular of the Scheduled Castes and the Scheduled Tribes. SCHEDULE [See Sections 7 (1) and 10 (1)] Where
the forest land— does not exceeds 100 acres. Rupees 50 per acre or part thereof. exceeds 100 acres but does not exceed 200 acres Rupees Five Thousand plus Rupees 45 per acre or part thereof in excess
of 100 acres. exceeds 200 acres but does not exceed 300 acres Rupees Nine Thousand five hundred plus Rupees 40 per acre or part
thereof in excess of 200 acres. exceeds 300 acres but does not exceed 400 acres Rupees Thirteen Thousand five hundred plus Rupees 35 per acre or part
thereof in excess of 300 acres. exceeds 400 acres but does not exceed 500 acres Rupees Seventeen Thousand plus Rupees 30 per acre or part thereof in
excess of 400 acres. exceeds 500 acres but does not exceed 600 acres Rupees Twenty Thousand plus Rupees 25 per acre or part thereof in
excess of 500 acres. exceeds 600 acres but does not exceed 700 acres Rupees Twenty two Thousand five hundred plus Rupees 20 per acre or part
thereof in excess of 600 acres. exceeds 700 acres but does not exceed 800 acres Rupees Twenty four Thousand five hundred plus Rupees 15 per acre or
part thereof in excess of 700 acres. exceeds 800 acres. Rupees Twenty six Thousand plus Rupees 10 per acre or part thereof in
excess of 800 acres.THE CHHATTISGARH VAN BHUMI SHASHWAT PATTA
PRATI SANHARAN ADHINIYAM, 1973
PREAMBLE
Section 2 – Definitions.