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

1969 : Mah. XXIII]  1 
THE MAHARASHTRA SALE OF TREES BY OCCUPANTS BELONGING  
TO SCHEDULED TRIBES (REGULATION) ACT, 1969 
[Text as on 22nd October 2024] 
————— 
CONTENTS 
PREAMBLE.  
SECTIONS.  
1.  Short title and commencement.  
2.  Definitions.  
3.  Prohibition.  
4.  [Deleted]  
5.  [Deleted]  
6.  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. 
 
  
2  The Maharashtra Sale of Trees by Occupants belonging  [1969 : Mah. XXIII 
to Scheduled Tribes ( Regulation) Act, 1969 
1969 : Mah. XXIII] The Maharashtra Sale of Trees by Occupants belonging  3 
to Scheduled Tribes (Regulation) Act, 1969 
LIST OF AMENDMENT ACTS 
 
 1. Amended by Mah.  48 of 1969 
 2. Amended by Mah.  31 of 19741 (16-7-1974) 
 3. Amended by Mah.  42 of 19812 (4-8-1981) 
 4. Amended by Mah.  16 of 19913 (14-2-1991) 
 5. Amended by Mah.  6 of 1996 (8-1-1996) 
 
  
                                                      
1  Mah. Ord. XV of 1974 was repealed by Mah. 31 of 1974, s. 7. 
2  Mah. Ord. No. XI of 1981 was repealed by Mah. 42 of 1981, s. 4. 
3  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 No. II of 1991 was repealed by Mah. 16 of 1991, s. 5.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. Consequences of deletion of section 4 of Mah. XXIII of 1969. — (1) Notwithstanding anything contained in the 
Bombay General Clauses Act, 1904 (Bom. I of 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 a dequate 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 p roceeded with and disposed of by the Collector, as if the 
provisions of this Act had not come into force.” 
Note.- The date mentioned in the brackets indicates the date of commencement of the Act. 
4  The Maharashtra Sale of Trees by Occupants belonging  [1969 : Mah. XXIII 
to Scheduled Tribes ( Regulation) Act, 1969 
1969 : Mah. XXIII] The Maharashtra Sale of Trees by Occupants belonging  5 
to Scheduled Tribes (Regulation) Act, 1969 
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.] 
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 o f 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.  Short title and commencement.— (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.  
2.  Definitions.— (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 (Mah. XLI of 1966);  
2[(c) “Collector” includes a revenue officer not below the rank of Tahasildar, or a Fo rest 
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;] 
(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 o r 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 ;  
4[(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.  
3.  Prohibition.— (1) No occupant shall, after the appointed day, sell any trees i n his holding 
except with the  5 * *  *  assistance of the Collector as hereinafter provided.  
(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.  
                                                      
1  For Statement of Objects and Reasons of the L. A. Bill No. XXI of 1969, see Maharashtra Government Gazette, 1969, 
Extraordinary No. 18, Part V, dated 26th March 1969, page 132. 
2  Clause (c) was substituted by Mah. 42 of 1981, s. 2. 
3  Clause (ca) was inserted by Mah. 6 of 1996, s. 2. 
4  This Clause was substituted for the original by Mah. 31 of 1974, s. 2. 
5  The words “permission or” were deleted by Mah. 31 of 1974, s. 3. 
6  The Maharashtra Sale of Trees by Occupants belonging  [1969 : Mah. XXIII 
to Scheduled Tribes ( Regulation) Act, 1969 
5.  1[Procedure for sale of trees after appointed day.] Deleted by Mah. 31 of 1974, s. 4.  
2[6.  Sale of trees through Forest Officers 3*  *.— (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  (Mah. XXXI of 1974) , intends to sell any trees in his holding, 
shall make an application to the Collector for assistance for the sal e 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 (Mah. XXXIV of 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.  
(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 4[or not] for sale of the trees through a Forest Officer  5*  *. 
(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.  
6(4)    *   *   *  
7[(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.  Appeal.— 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.  
8[7A.  Revision.— 9[(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 :  
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  Section 4 of Mah. 31 of 1974 reads as under :—  
“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.” 
2  Section 6 was substituted for the original by Mah. 31 of 1974, s. 5. 
3  The words “or by auction” were deleted by Mah. 6 of 1996, s. 3(4). 
4  These words were inserted by Mah. 6 of 1996, s. 3(1)(a). 
5  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 by Mah. 6 of 1996, s. 3(1)(b). 
6  Sub-section (4) was deleted by Mah. 6 of 1996, s. 3(2). 
7  Sub-section (5) was substituted by Mah. 6 of 1996, s. 3(3). 
8  Section 7A was inserted by Mah. 31 of 1969, s. 6. 
9  Sub-section (1) was substituted by Mah. 6 of 1996, s. 4(1). 
1969 : Mah. XXIII] The Maharashtra Sale of Trees by Occupants belonging  7 
to Scheduled Tribes (Regulation) Act, 1969 
(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 2[Conservator of Forests] shall not pass any order under 
this section which advers ely affects any person, unless such person has been given a reasona ble 
opportunity of being heard.]  
3[7B.  Power to transfer proceedings.— 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.  Penalty.— (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, 4*   *   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.  
9.  Officers to be public servants.— 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 of 1860).  
10.  Execution of order for payment of money. —  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.  
11.  Bar of proceedings.— 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.  
12.  Provisions of this Act to be in addition to any other law for the time being in force.— 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.  Power to make rules.— (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. 
(2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each 
House of the S tate 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 a gree 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 b e 
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.  
14.  Repeal of Mah. Ord. V of 1969 and saving. — (1) The Maharashtra Sale of Trees by 
Occupants belonging to Scheduled Tribes (Regulation) Ordinance, 1969 (Mah. Ord. V of 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. 
                                                      
1  These words were substituted for the word “Commissioner” by Mah. 6 of 1996, s. 4(2). 
2  These words were substituted for the word “Commissioner” by Mah. 6 of 1996, s. 4(2). 
3  Section 7B was inserted by Mah. 42 of 1981, s. 3. 
4  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. 

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