LexThe Maharashtra Private Forests (Acquisition) Act, 1975
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1975 : Mah. XXIX] 1
THE MAHARASHTRA PRIVATE FORESTS (ACQUISITION) ACT, 1975
[Text as on 22nd November 2023]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, and commencement.
2. Definitions.
3. Vesting of private forests in State Government.
4. Step to be taken by Government on acquisition of private forests.
5. Power to take over possession of Private Forests.
6. Settlement of disputes.
7. 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. Inquiries and proceedings before Collector and Tribunal to be judicial proceedings
20. 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
2 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
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 34A to 37 of Forest Act.
1975 : Mah. XXIX] The Maharashtra Private Forests (Acquisition) Act, 1975 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 72 of 19751 (1-10-1975)
2. Amended by Mah. 14 of 1978 (26-4-1978)2
3. Amended by Mah. 5 of 1980 (12-2-1980)
4. Amended by Mah. 5 of 1998 (6-2-1998)
1 Maharashtra Ordinance No. XIII of 1975 was repealed by Mah. 72 of 1975, s. 6.
2 Maharashtra Ordinance No. II of 1978 was repealed by Mah. 14 of 1978, s. 5.
Note.— The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
1975 : Mah. XXIX] The Maharashtra Private Forests (Acquisition) Act, 1975 5
MAHARASHTRA ACT No. XXIX OF 19751
[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.]
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, expedient to acquire private forests in the State of M aharashtra
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 for est
suitable for the purpose, for assigning a part of the private forest to the rural community for controlling
the soil er osion 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 situation of
dams and tanks, for distribution of forest produce for the common good and preventing the
concentration of forest wealth to the common detriment, for distribution of the mature exploitable
forest produce as best to sub-serve 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 scientific 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 expedient 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
their forest lands so acquired shall be restored to and re-vested in them, so that 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. Short title, extent and commencement .— (1) This Act may be called the Maharashtra
Private Forests (Acquisition) Act, 1975.
(2) It extends to the whole of the State of Maharashtra.
(3) It sha ll come into force on such date 4 as the State Government may, by notification in the
Official Gazette, appoint.
2. Definitions.— 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 (Mah. XLI of 1966);
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 f or matters
connected therewith” by Mah. 14 of 1978, s. 2.
4 30th August, 1975 vide G.N., R and F.D., No PRF. 1073/40845-F-2, dated 29th August, 1975.
6 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
(c) “Collector” 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 ;
1[(c-i) “forest” means a tract of land covered with trees (whether standing, felled, found or
otherwise), 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 stamps 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 (XVI of 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 sectio n 34A of the
Forest Act ;
(ii) any forest in respect of which any notification issued under sub -section ( 1) of
section 35 of the Forest 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 ;
(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;
(h) words and expre ssions used in this Act but no t defined therein shall have the meanings
assigned to them in the Code, or as the case may be, in the Forest Act.
3. Vesting of private forests in State Government.— (1) Notwithstanding anything contained
in any law for the time being in force or in any settlement, grant, agreement, usage, custom or an y
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 thereto. 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.
1 Clause (c-i) was deemed always to have been inserted by Mah. 72 of 1975, s. 3.
1975 : Mah. XXIX] The Maharashtra Private Forests (Acquisition) Act, 1975 7
(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 (Mah. XXVII of 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. Step to be taken by Government on acquisition of private forest. — On acquisition of
private forests, the State Government shall take or cause to be Step to be taken steps for afforestation of
forest funds on scientific basis, for developing the lands and utilising them according to their capability
including pastures, fo r regulating the felling of trees on scientific lines, for promoting soil and water
conservation as will best sub -serve agriculture 1[for distribution of the mature exploitable forest
produce as best to sub -serve the common good and for securing those purp oses 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 pa rticularly 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, sc hemes 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. Power to take over possession of private forest. — 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 pe rson 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.]
6. Settlement of disputes. — Where any question arises as to whether or not any forest is a
private forest, or whether or not any forest is a 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 Collecto r 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.
7. Payment of amount owners of private forests. — (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 dw elling houses and amount c alculated in accordance with the provisions of sections 23
and 24 of the Land Acquisition Act, 1894 (I 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.
8. Application for payment of amount.— Any owner of private forest entitled to payment of
an amount under section 7 shall, within six months of the appointed day, make an app lication to the
Collector for determining the amount payable to him under section 7.
9. Collector to determine amount. — (1) On receipt of an application under section 8, the
Collector shall, after making formal enquiry in the manner provided in the Code, make an award
determining the amount payable to the owner under section 7.
(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 t he Code, and the amount of such award exceeds fifty
1 This portion was deemed always to have been substituted for the portion beginning wit h “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.
8 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
thousand rupees, the award shall not be made without the previous approval of the Collector appointed
under section 7 of the Code.
10. Manner in which amount to be paid.— (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 amount is paid.
11. Deduction of amount of encumbrances for amount payable to owner. — (1) During an
inquiry held under section 9, the Colle ctor 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 sh all be deducted from the amount determined as payable to the
owner. The balance shall then be paid to the owner and the amount so deduc ted 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 amount payable to the owner shall be distributed amongst the holders of
the encumbrances 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 :
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 distrib uted 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 r eceipt 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 decis ion in accordance with t he 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. Payment of amount for extinguishment rights of other persons. — (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 publi c 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.
13. Appeals.— 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.
14. Procedure before Tribunal.— (1) The Tribunal shall, after giving notice to both the parties,
decide the appeal and record its decision.
1975 : Mah. XXIX] The Maharashtra Private Forests (Acquisition) Act, 1975 9
(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 Co urt follows, in deciding appeals from a decree or
order of an original court under the Code of Civil Procedure, 1908 (V of 1908).
15. Limitation.— Save as otherwise provided in section 6, every appeal made under this Act to
the Tribunal shall be filed wi thin 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 Limitation Act, 1963 (36 of
1963), shall apply to the filing of such appeal.
16. Court-fees.— Notwithstanding anything contained in the 1Bombay Court -fees Act, 1959
(Bom. XXV of 1959), every appeal made under this Act to the Tribunal shall bear a court -fee stamp of
five rupees.
17. Finally of award and decision of Tribunal Revision. — 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 Government under section 18, and the decision of the Tribunal on
an appeal shall b e final and conclusive, and shall not be questioned in any suit or proceeding in any
Court.
18. Revision.— 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, wi thin 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. Inquiries and proceedings before Collector and Tribunal to be judicial proceeding. —
All inquiries and proceedings before the Collecto r and the Tribunal under this Act shall be deemed to
be judicial proceedings within t he meaning of sections 193, 219 and 228 of the Indian Penal Code
(XLV of 1860).
20. Indemnity.— No suit, prosecution or order legal proceeding shall lie against the State
Government, the Tr ibunal or any officer of the State Government for anything in good faith done or
intended to be done under this Act.
21. Declaration of certain lands as private forests. — (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 Official 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 situation 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 reasonab le
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.
1 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.
10 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
(4) After taking into consideratio n 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 th ereto 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 communicate its decision to all persons interested in such tract of land or any part
thereof.
(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 contravene s 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. Saving of certain afforested lands.— 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. Owner of private forest to deliver records to authorised officers. — (1) Whenever an
officer authorise d by the State Government 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.
(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.
2[22A. Restoration of forest land to owner in certain circums tances.— (1) Notwithstanding
anything contained in the foregoing provisions of this Act, if, on an application made by any owner of
1 Section 21A was inserted by Mah. 5 of 1998 s. 2.
2 Section 22A was inserted by Mah. 14 of 1978. s. 3.
1975 : Mah. XXIX] The Maharashtra Private Forests (Acquisition) Act, 1975 11
private forest, within a period of six months from the date of commencement of the Maharashtra
Private Forests (Acquisition) (Amendment) Act, 1978 (Mah. XIV of 1978), or suo motu at anytime, 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 acquisition 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 exceed 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 th e 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 lan d so
restored shall be given by the Collector to the owner as far as may be practicable under the
circumstances, 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 Collec tor 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.
(5) Any decision taken or order made under this section by the Collector, subject to any revision
by the Commissioner or the State Governm ent, 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 fo rest 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. Power of Colle ctor to grant private forest vested in the State for public purpose in
certain cases.— 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 suit able for acquisition under the Land Acquisition Act, 1894 (1 of 1894),
for such public purpose.]
1 Section 22B was inserted by Mah. 5 of 1980 s. 2.
12 The Maharashtra Private Forests (Acquisition) Act, 1975 [1975 : Mah. XXIX
23. 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 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, aft er 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 sessi on 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 hav e 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.
24. Repeal of sections 34A to 37 of Forest Act. — 1[(1)] On and from the appointed day,
sections 34A, 35, 36A, 36B, 36C, and 37 of the Forest Act shall stand repealed.
2[(2) Notwithstanding anything contained in sub -section ( 1), on and from the date of
commencement of the Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978 (Mah. XIV
of 1978), sections 34A, 35, 36, 36A, 36B, 36C and 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.]
1 Section 24 was re-numbered as sub-section (1), by Mah. 14 of 1978 s. 4.
2 Sub-section (2) was added, ibid., s. 4.