Published
vide Notification G. N., A. & F. D., No. 5133/48513-J, dated 19th
September, 1950 (B. G., Part 4-A, page 558) In exercise of the powers conferred by section 76
of the Indian Forest Act, 1927 (XVI of 1927), the Government of Bombay is
pleased to make the following rules for carrying out the provisions of Chapter
V of the said Act, namely :- These rules maybe called the Indian Forests (Control over Forests and Lands not belonging to Government) (Bombay Area) Rules, 1950.] In these rules :- (a)
"Act"
means the Indian Forests Act, 1927; (b)
"Forest
Officer" means any Forest Officer not lower in rank than a Divisional
Forest Officer or Sub-Divisional Forest Officer in charge of an independent
Sub-Division; The Conservators of Forests shall be the officers authorised to issue notices under sub-section (3) of section 35 in
respect of forests situated within their respective Circles. Such notice shall
be in Form 1. The notice shall be served on the owner as laid down in
sub-section (5) of section 35 [* * *]. 2A. [Mode] of
Publication of notice under section 35(3). ? After the notice under sub-section (3) of section 35 is [issued] under rule 2, the Forest Officer concerned shall cause
it to be published by affixing copies of the same at the taluka Kutcheri of the
taluka concerned in the regional language of the taluka and at the Chavdi or
other prominent place in the village concerned in the regional language of such
village. It shall also be announced by beat of drum in such village that the
notice has been so published.] The objections, if any, of the owner and any
evidence produced by him in support of the same, after a notice under
sub-section (3) of section 35 is issued to him, shall be heard by the Forest
Officer in charge of the Division or an independent Sub-Division in which the
forest is situate. After the objections, if any, of the owner and the
evidence produced by him in support of the same as heard by the Forest Officer,
the same shall be submitted by the Forest Officer through his superior Forest
Officer to the State Government, with his remarks for its consideration. On consideration of the objections, if any, of the owner and any
evidence produced by him, if the State Government is satisfied that regulation
or prohibition of any act specified in sub-section (1) of section 35 for any of
the purposes specified therein or construction of any work for such purpose is
necessary, it shall make a notification under sub-section (1) of section 35 or
begin construction of work under sub-section (2) of the said section, as the
case may be. A notice under sub-section (1) of section 36 shall be in
Form II. (1)
The Forest Officer under whose control any forest is placed under
section 36(1) of the Act shall manage such forest according to the scheme and
programme or account of by the State Government in that behalf. He shall
maintain a proper prepared revenue and expenditure in respect of the management
of such forest. (2)
The net profits; if any, shall be paid to the owner under sub-section
(2) of section 36 of the Act after the whole of the scheme drawn up for the
management of the forest has been executed and after the aggregate cost
incurred on the scheme is defrayed and judi, if any, due to Government is
recovered. [7A. Other mode of publication of the order under
section 36-C(1). ? After an order under
sub-section (1) of section 36-C is published in the Official Gazette,
the Forest Officer concerned shall cause it to be served on the owner, or if
the owner be dead, on any person entitled to possession of such forest in the
manner provided in the Code of Civil Procedure, 1908, for the service of
summons. Such order shall also be published by affixing copies of the same at
the taluka Kutcheri of the taluka concerned in the regional language of the
taluka and at the Chavdi or other prominent place in the village concerned in
the regional language of such village. It shall also be announced by beat of
drum in such village that the order has been so published]. (1)
Every representation made to the Collector under section 38 of the Act
by any owner of any land shall contain the following particulars, namely :- (i)
name of the
village with the name of taluka in which the land is situated; (ii)
survey
numbers comprising the land; (iii)
terms on
which the land shall be managed by the Forest Officer; and (iv)
the
provisions of the Act which shall apply to the land. (2)
Every representation shall be accompanied by authenticated extracts from
the village records establishing owner's title to the land. On receipt of a representation made by any owner of
a land under section 38 of the Collector shall verify whether the person making
the representation has lawful title to such land and on being
satisfied, he shall submit the representation to the State Government for
necessary action. He shall specify the terms of management as finally agreed
upon in consultation with the Forest Department. In every case such terms
should state inter alia, the period of management, the source from
which the cost of management shall be met, and the method of sharing the profit
or loss accruing from the management and they should be attested by the owner
as well as the Forest Officer under whose control the land is placed. The Forest Officer under whose control the land is
placed shall manage it strictly in accordance with the terms actually agreed
upon the provisions of the Act applied in that behalf by the State Government
under sub-section (2) of section 38. [Form I] (See rule 2) Notice No. In pursuance of sub-section (3) of section 35 of the Indian Forests Act,
1927 (XVI of 1927), read with rule 2 of the rules published in Government
Notification, Agriculture and Forests Department, No. 5133/48513-J, dated the
19th day of September, 1950, I [....................] the Conservator
of Forest, ........... Circle hereby give notice
to [............] calling on him to appear on or before [...............] before [.....................] to
show cause why the accompanying notification (hereinafter referred to as the
"notification") should not be made by the Government of Bombay under
sub-section (1) of the said section 35 in respect of the forest specified in
the Schedule hereto appended and belonging to him. 2. If the said [.................] fails to comply with this
notice, it shall be assumed that the said [..................] has no
objection to the making of the notification. 3. I further require that for a period of [..............] or
till the date of the making of the notification, whichever is earlier, the
said [...............] and all persons who are entitled or permitted
to do, therein any or all of the things specified in clause (i) of sub-section
(1) of the said section 35, whether by reason of any right, title or interest
or under any licence or contract or otherwise, shall not, after the date of
this notice and for the period or until the date aforesaid, as the case may be,
do any of the following things specified in clause (i) of sub-section (1) of
the said section 35, namely :- (To be filled in) Schedule (Here enter the particulars of the forest owned by the said person) Place : Date : Signature Conservator of Forests......... Circle. N.B. - Paragraph 3 to be deleted, if not required. Form II (See rule 6) Notice Agriculture and Forests Department To *Whereas it has come to the notice of the Government of Bombay that you
have been neglecting to abide by or wilfully disobeying the regulations or
prohibitions specified in the Schedule appended hereto and which have been
imposed by Government Notification in the Agriculture and Forests Department,
No. .............. dated .......... in respect of the forest specified in the
Schedule hereto annexed; or *Whereas it is necessary for the purposes of constructing work under
section 35(2) of the Indian Forests Act, 1927; It is intended to take over the management of the said forest under the
provisions of section 36 of the said Act and place it under the control of the
............ Forest Officer ............. for management and to declare that
sections ......... of the said Act shall apply to the said forest. You are hereby directed to show cause by ..................... why such
an order placing the forest under control of the Forest Officer should not be
made and state your objections, if any, in that connection. Schedule (Here insert the relevant regulations or prohibitions which have been
alleged to have been infringed by an owner of a forest.) Dated at .............. the day of ......... 19 By order of the Governor of Bombay, * Strike out whichever is not necessary.The Indian Forest (Control over
Forests and lands (Not belonging to Government) (Bombay Area) Rules, 1950
Bombay Circle, 28th May, 1952
Secretary to Government.