The west bengal private forests act, 1948

.,,
CONTENTS.
CHAPTER I.
West Bengal Act XIV of 1948
THE WEST BENGAL PRIVATE FDRESTS A:GT, 1948.} .. . ·9 -- • ·
-·
s"b a g
¢e' +
e s
P REI.Ill1INARY,
Section,
!,Q Short title, e:s:tent and commencement.
2, Definitions.
CHAPTER IL
C ON'SERVAH ON" OF PRIVAl'E FORESTS AND AFFORESTATI ON OF TTASTE- LANDS.
·"'under one working plan.
.!:'reparation of, and appeal and revision in respect of _working plans for privateforests.
Approved working plans.
Prohibition of •leases and e:s:tension of terms ·of existing leases of private forestsafter issue of notification under section 3(1).
Penalty for the violation of working plan.
Vesting of forest in a Regional Forest-officer.
1,·orest loans.· ·•
Amalgamation of two or moru vested for~sts
Afforestation of land adjoining a forest,
Afforestation of other land.
Apportionment of rents of forests held under a lease jointly with other lands,and the division of the temue or holding comprising a forest.
RRent to be a charge on the lease-hold interest in a vested forest.
Powe1:·to order a rested forest to be formed into a separate estate. .:
Power -to exempt an estate of which a vested forest forms part from sale forarrears of rerenue.
Determination of cost of management of vested forest and distribution of netprofit.
Imp osition of cess.
Release of to the owner.
CHAPTER III .
R IGH TS IK F ORESTS.
·c01-.b_•ol and demarcation of vested forest.
Apt intment of Forest Settlement-officer.
Ba1:)E::of accrual of rights.
Pro~ mation by Forest Settlement-officer.
Inqffiry by Forest Settlement-officer.
24. Porers of Forest Settlement-officer.
25. Specification and modification of rights.
26. Appeals.
27. ~Plea.ders. ~
28. Extinction of rights.
CH A P T E R IV.
P ENALTIEsA P ROCEDURE.
-. 3.
4,
5.
.6.
7.
8.
9.
10.
11.
12.
13,
14.
15.
16.~ ..
17.
18.
­ 19,
20.
21.
22.
23.
29,
30.
31.,
·&82.
Penaltie&for breach of rules. •
Imposition of collective fine on the inhabitants in certain
Nothing in sub-section (1) of section 29 to proh,ibit acts
Seizure of property liable to confiscation......
cases.
done in certain cases.
j ­

;, ,I
The W est Bengal Pr a te Forests Act, 1948.ii4 ..r
$ecjo % '33.,;Power to release property seized under section 32.
'234. Information the 'Magistrate and procedure thereupon.
5 5. Notice to claimants oR& a forest-pr oduce.
~- f.'36.. Disposal of unclaimed forest-produc;.•.
gs, 37a .Disposal of, seized property after information has been given under section 34.
•38. Disposal of confiscated property on conclusion of trial.
39. .Procedure when offender cannot be found.
4 0. Procedure e s-to perishable property seized under section 32.
41. Appeal from orders under section 37 or section 39.
42. Property when to. vest in Government.
43. Saving of power to· release property seized.
44. Punishment for wrongful seizure.
45. Penalty for counterfeiting or defacing marks on trees and timbei' and for
altering boundary marks.
46. Power to arrest without warrant.
47. Power to release on a bond a person. arrested.
48. Power to pi·event commission of offence.
49. Power to try offences summarily.
50. Power of Court to order payment of rewards out of fine.
51. Power to compound offences.
52. Onus of proof.2 . ·
CHAPTER V.
55. l 'orest-officers deemed publio servants.
56. Indemnity for acts done in good faith.
R EGIONAL F oREST-OFFI OER S.
53. Provincial Government may invest Regional Forest-officers with certain powers.
54. Power of officers.
CHAPTER VI.
R ULE S.
Application of rules made under sections 41 and 42 of the Indian Forest Act;
1927, totransit of forest-produce from private forests.
Power to make rules.57.
58.
59.
60.
61.
62.
63.
64.
CHAPTER VII .
M ISCELLANEOUS.
Conservation of forest or afforestation of land at the request of owners.
Recovery of money due to Regional Forest-officer and lien on forest-produce ·
for such money.
Land required under this Act to be deemed to be needed for a public -purpose
under the Land. Acquisition Act, 1894. ·.,,.
Powers of the Regional Forest-officer and conTo'i of the Prnvincial Government.
Repeal ad Savings. +
Repeal of Bengal Act XI of 1945. •e

it-
a
WestBengal Act XIV of 1948
•THE WEST BENGAL PRIVATE'F OR ESTS AGT, 1948.; <A
[Passed by the We"'st Bengal, Legislatm·e.}
· %.[Assent of the Governor-General was first published in the Calcutta•
Gazette, Extmo1·dvnary, of the 23rd April, 1948.]
, An Adt.to provide for the conservation of privatef orests gnd
for the afforestation in certain cases of waste-lands vn
West Bengal. .. 4
W HEREAS it is expedient to provide for t he conservation
of forests and £or the afforestation of waste-lands in West
Bengal where such forests or lands are not the property of
the Crown or where the Crown has no proprietary right over
such forests or lands;
It is hereby enacted as follows:
CHAPTER I.
P RELIMINAR Y.
1. (1) This Act may be called the West Bengal Private Short
Forests Act, 1948. , . ti tle, •·- . $: extent and
(2) It extends to the whole of West Bengal. commence­
(3) This section shall come into force at once and the ment."''.'1>.;.
remaining provisions of this Act, in whole or in part, shall
come into force in such areas and on such dates as the
Provincial Government may, by notification, specify and
for this purpose different dates may be specified for different .
provisions of this Act and for different areas. ··,
2. In this Act, unless there is anything repugnant in Definitions
the subject or context,-
(1) "Appellate Committee" means a.committee the
procedure of which shall be as prescribed,
appointed by the Provincial Government in
respect of a-notified area to-hear appeals under
this Act consisting of three members of whom
the Chairman . shall be a Revenue Officer not
below the rank of a Collector, one member shall •
be a member of the Indian Forest Service or the..:
West Bengal Forest Service not below the rank . <.­of a Deputy Conservator of Forests and the other
member shall be an owner of a private forest
who shall be selected in the prescribed manner
from amongst the owners of private forests in
.flUCh notified area;
(2) "cattle" includes elephants, camels, jJ;mffaloes,
horses, mares, geldings, ponies, colts, :fillies,
mules, asses, pigs, rams, ewes, sheep, lambs,
goats and kicls; • ·
(3) ' conservation'', used in reference to a forest,
includes such measures as are necessary 1n the
opinion of the Regional Forest-officer £or. the
prevention or remedying of the erosion of the
soil or any flood or landslide;'
(4) 'C ontrolled forest" means a forest in respect of
which a working plan has been approved under
·sub-section (Z) of segtion 4;

T he West Bengal:Private' Forests Act, 1948.
[ West Bengal Act
·(Chapter I.P reliminary. Section 2.)
(5) 'f orest'' includes .any land recorded as forest in a
record f rights prepared- under Chapter K of
the Bengal 'Tenancy A ct, 1885; . VII of
(6) ''forest-offence'' means an offence punishable under 1885.
this .A.ct or under any rule made thereunder;
(7) ''Forest-officer'·' means any person whom the
Provincial Government or any officer empowered
by the Provincial Government in this behalf,'
may appoint to carry out all or •any of the
purposes of this Act or to do anything required
by this Act or any rule made thereunder to be
done by a Forest-officer;
(8) ·"forest-produce" includes-
(a) the following whether found in; or brought from,
a forest or not, that is to say: -
(i) timber, charcoal, caoutchouc, catechu, wooc.­
oil, resin, natural varnish, bark, lac, mal ua
flowers, mah a seeds, kuth and myrabolams,
and
(ii) wild ·animals and skins, tusks, horns, bones,
silk, cocoons, honey and wax, and all other
parts or produce of animals, and
() the following when fo1.rnd in, or brought from, a
forest, that is to say: -
(i) trees and leaves, flowers and fruits, and all
other parts or produce not hereinbe£ore
mentioned, of trees, · • ¢
(ii) plants not being trees (including grass,
creepers, reeds and moss), and all parts or
produce of such plants, and
(iii) peat, surface soil,. rock and minerals (includ­
ing lime-stone, laterite, mineral oils, and all
products .a£ mines _or quarries);
(9) "Forest Settlement-officer" means an officer, who
shall ordinarily be a Revenue Officer, appointed
'by the Provincial Government to perform. the
functions of a Forest Settlement-officer under
this .A.ct and includes a Board, the procedure of
which shall be as prescribed, appointed bv the
Provincial Government to perform such f unc­
tions, consisting of not more than three officers
of whom at least two shall be Rerenue Of cers;
(10) "notification" means a notification published in
the Official Gazette;
(11) ''notif ed area'' means an area specified in a noti­
fication issued·under sub-section (Z) of section 3;
(12) ."owner" includes any mortgagee in possession,
lessee, common manager, receiver appointed by
a competent 'Court and any person holding any
property in trust and also includes a Court cf
Wards in respect of property under the superin­
tendence or charge of such Court;.

The 'W est Bengal Private Forests Act, 1948. 3
XIV o1 1948.1
(Chapter II.- Conse vation of Pr a te Forests and Affore­
station of Waste-lands.- Section 3.)
(13) "prescribed" means prescribed by
under this Aet;
rules made
(17)
(Z6)
'• 2
;
I
1
-iI,.
37
.3
i
1'
..4.
"river" includes any.stream, canal, creek or other
channel, natural or artificial;
' timber'' includes trees when they haye £all.e11 or
have· been felled, and all wood whether cut up,
or fashioned or hollowed out £or any purpose or
not;
(18) "tree" includes palms, bamboos, stumps, brush­
wood and canes;
Prepara•
tion of,
and
appeal
and re­
vision in
respect
of work­
ing plans
(2) On the expiry of the period mentioned in the noti- }or: private
fl.cation under sub-section ( ), the Regional Forest-officer. ore
st
s.
shall, a£ter considering each working plan submitted to him
uncler that sub-section, ancl after consultation in the manner
prescribecl with the Conservator of Rorests of the forest circle
within which such forest is situated, by an order in writing,
accept the.working plan or modify it in such manner as he
may consider necessary or substitute another working plan
for it.
"vested forest" means a forest of which the
control has been vested in a Regional Forest­
officer by a notification under sub-section (2) of
section 6 or under section 7 or under section 11
and includes any forest deemed to be, or managed
as, a vested forest under this .A.ct;
(20) "w aste-land'' means any waste-land which is not
the property of the Crown or over which the
Crown has no proprietary right;
(21) "working plan" means a written scheme £or the
management and treatment of a forest; and ·
(22) ''year'' means a year beginning on the 1st day of
·.April. ·
CHAPTER II.
CONSERVATION OF P RIVATE F ORESTS AND A FFORESTATION 01'
W ASTE-LANDS.
(14) "private forest" means a forest which is not the
property of the Crown or over which the ·Crown
has no proprietary right;
(1,5) "Re·gional Forest-officer" means a Forest-offic.!:)r
appointed by the Provincial Government as such·
by a notification- for a notified area;
3, (1) The Provincial Government may, by notification,
direct that every owner of a private forest which is not a
vested forest, but which is situated within such area as
may be specified in the notification, shall prepare in the
prescribed manner ancl submit within·the period mentioned
in the notification to the Regional Forest-officer a working
•plan £or the conservation of such private forest.

l
4 The West Bengal Private Forests Act, 1948.
[ West Bengal A t
(Chapten II.C onservation of Private Forests and Afforesta­
. tion of Waste-lands.- Section 4.)
(3) If any owner of such private forest does not submiit
a o rking plan within the period specif ed in the notif ca­
tion issued under sub-section ( ), the Regional Forest-officer
may, after consultation in the manner prescribed with the
Conservator of Forests of the forest circle within which such
forest is situated, prepare a working plan in respect of such
forest.
(4) When the Regional .F.orest-officer by an order 1n
writing modif es any working plan under sub-section (2) or
substitutes another working plan under ·that sub-section for
the working plan submitted under sub-section (Z), he shall
cause a copy of such order to be served in the prescribed
manner upon the.owner of such private forest to which such
working plan relates· and such owner may, within sixty
days of the date of service of such order, appeal against
.such order to the Appellate Committee and the Appellate
- Committee may thereupon, .after giving such owner an
opportunity of being heard, by an order in writing, either
accept the working plan i th or without modifications or
reject it and the decision of the Appellate Committee on
every such appeal shall, subject to the provisions of sub­
section (5), be final:-
(5) The Board of Revenue may, on application by an
owner of a private forest for revision of an order of the
Appellate Committee passed in appeal under sub-section (4),
and if such application is made within thirty days from
the date of the order, call for the record of the appeal in
which the order was passed and on receipt of such record,
after giving such owner an opportunity of being heard,
may, if it does not see fit to reject the application, direct
·the "Appellate Committee by an order in writing to make
such modifications in the working plan accepted by the
said Committee under sub-section (4) as may be specified
1n such order in writing.
(6) The Board of Revenue shall, as soon as may be after
an application for revision is disposed of under sub-section
(5), communicate the order passed by it on such applica­
tion to the 'Appellate Committee, and on receipt of such
order the Appellate Committee shall, where the Board of
Revenue has directed any modification to be made in such
working·plan, modify it accordingly.
Approved
working
plans.
4. (1) When the Appellate Committee accepts any
working plan •with or without modification under sub­
section (4) of section 3, or modifies any working plan under
sub-section (6) of the said section, or the Regional Forest­
officer accepts, modifies·or substitutes any working plan
under the said section, or prepares any working plan under
the said section, such Committee or officer shall by an order
in writing approve such working plan OT the working plan
as so modified by the Committee or such officer, as the case

The W est Bengal Pr a te Forests Act, 1948. 5
XIV of 1948.1
(Chapter II .- Conservation of Private Forests and Afforesta­
tion of Waste-la.nds.- Section 4.)
where an application for revision of the order has
been made to the Board of Revenue, the order
of the Board of Revenue on such application has
not been received by such Committee; or
() where no such a.pplication for revision has been
made, the time within which such application
may be made has not expired.
(2) A copy of every approved working plan shall be
sent in the prescribed manner by the Regional Forest­
officer to the owner of the private forest to which it relates
and the owner shall thereupon manage such forest in
accordance with such plan and shall carry out all the terms
and conditions thereof.
(3) At any time after five years from the date of approval
of a working plan under sub-section (Z), or with the previous
sanction of the Provincial Government at any time within the.
said period of five years, a Regional Forest-off er may, after
consultation in the manner prescribed with the Conservator
of :Forests of the forest circle within which the forest to which
such working plan relates is situated, by an order in writing,
modify the approved working plan in such manner as he con­
siders necessary and the provisions of sub-sections (4), (5)
and (6) of section 3 and sub-sections (1) and (2) of this section
shall apply to every plan so modified:
Provided that nothing in this section shall prevent tho
owner after the expiry of the said period of five years from
applying in writing to the Regional Forest-ofRcer for the
modification of the working plan in such manner as may be
specified in the application and if the Regional Forest-officer,
after giving the owner an opportunity of being heard, does
not see fit after such consultation.as aforesaid so to modify
the working plan, he shall record an order to that effect and
the owner may within thirty clays from the date of such order
appeal against such order to the Appellate Committee and
an application for revision shall also lie to the Board of
Revenue from any order passed by the Appellate Committee
on such appeal if presented within thirty days from the date
of such order and the decision of the Appellate Committee
on such appeal shall, subject to such revision by the Board
of Revenue, be final.
may be, and every working plan so approved shall be
deemed for the purposes of this Act to be an approved
working plan :
Provided that the Regional Forest-officer shall not so
approve any working plan that he has modified or substi­
tuted by an order under sub-section (2) of section 8 if,­
(a) an appeal against the order has been made to the
Appellate Committee; or
(b) where no such appeal has been made, the time
within which such appeal may be made has not
expired:
Provided further that the Appellate Committee shall not
so approve any working plan accepted by it with or without
modification by an order under sub-section (d) of section &
if,
(a)

Prohibi­
tion of
leases and
extension
of terms
of exist­
ing leases
of private
forests
after
issue of
notifica­
tion under
section
3 (1).
Penalty
for the
violation
of work­
ing plan.
6 The West Bengal Private Forests Act, 1948.
[ West Bengal Act
(Chapter II.C onservation of Private Forests and Afforest­
ation of Wa ste-lands.S ections 5, 6.) ·
5, After the publication of a notification under sub­
section (1) of section 8, no owner of a private forest in the
notified area shall enter into any new lease or extend the term
of any existing lease in respect of such forest until the work­
ing plan in respect of such forest has been approved under
sub-section (1) 0£ section 4 except with the previous sanction
of the Provincial Government and, after such working plan
has been so approved, except in accordance with the terms
ancl conditions of such plan and any lease entered into or any
extension of the term of any lease granted in contravention
of the provisions of this section shall, notwithstanding any­
thing contained in any other law for the time being in force,
be void and have no effect. '
6. (1) I after an approved working plan in respect of
any private forest has been sent uncler sub-section (2) of sec­
tion 4 to the owner of such forest, such owner fails or neglects
to carry out any of the terms and conditions of such plan,
he shall be punishable with fine which may extend to five
hundred rupees:
Provided that no prosecution shall be instituted under
this sub-section unless the Regional ]'orest-officer has served
in the prescribed manner a notice on such owner specifying
the terms and conditions of the working- plan which such
owner has failed or neglected to carry out and requiring such
owner to take such steps for carrying them out as are speci­
f ed in the notice within thirty days from the date of service
of such notice and unless such owner has failed to comply
with such notice.
(2) I the owner of a private forest is convicted a second
or subsequent time .under suJb-section (1) for the failure or
neglect to carry out any of the te ms and conditions of the
working plan in respect of such forest, the Provincial Gov­
er e nt may, by a notification, direct that the control of
such forest shall be vested in such Regional Forest-officer for
such period as may be specified in such notification :
Provided that no such notification shall be issued until
such owner has been called upon by notice in writing by the
Regional Forest-officer within sixty days of such conviction
to show cause before the Appellate Committee within such
time as may be specified in the notice as to why such noti­
fication should not be issued and until the Appellate Com­
mittee, after considering the cause, if any, shown by him and
any evidence which he may produce in support thereof, has
recommended to the Provincial Government that such noti­
fcation should be issued.
(3) Nothing in sub -section (/ ) shall render any owner of
any private forest liable to conviction,for any deviation from
any approved working plan if sudh deviation has been
previously sanctioned by the Regional Forest-officer on appli­
cation made by such owner in that behalf to such officer or
by the Appellate Committee on an appeal from an oi·der of
the Regional _Forest-officer refusing to sanction such devia­
tion presented by the owner to such committee within thirty
days from the date of such order.
,.
J

The West Bengal Pr a te Forests Act, 1948. 7
XIV of 1948.]
(Chapter II- Conservation of Private Forests and afforst­
ation of Waste-lands.S ections ?7, 8.)
7. Notwithstanding anything contained 1n sections 3
and 4 or in sub-section (2) of section 6, if the Provincial
Government is satisfied that the conservation of any private
forest in a notified area should not be left to the owner there­
of, the Provincial Government may, by a notification
specifying the reasons for so doing, direct that the control
of such forest shall be vested in such Regional Forest-officer
for such period as may be specified in the notification :
Provided that no such notification shall be issued until,­
(a) the Regional Forest-officer has, by notice in writing,
called upon the owner of such forest to show cause
before the Appellate Committee within such period
as may be specified in such notice why the control
of such forest should not be so vested, and
( ) the Appellate Committee after considering the cause,
if any, shown by the owner and any evidence
which the owner may produce in support of the
same has recommended that such notification
should be issued.
8, (1) Subject to rules made under this ,A.ct, loans may
be granted on the recommendation of the Appellate Gom­
mittee by such officer as may be empowered in this behalf by
the Provincial Government to any owner of a controlled
forest or of a vested forest who, in the opinion of the
Appellate Committee, is likely to suffer unduly owing to any
rary reduction of his income resulting from any action
n under section 4 or sub-section (2) of section 6 or section
r to any owner of a controlled forest to enable such owner
pay any compensation payable by him under sub-section
) of section 10 or sub-section (2) of section 25.
(2) An application for such a.loan shall be made in
e prescribed manner to the Appellate Committee and shall
ate the following particulars, namely :­
(a) the amount of the loan required,
(b) the reasons for which it is necessary, and
(c) the period for which it is required.
(3) After considering in the prescribed manner the appli­
ion made under sub-section (2) and any evidence that may
produced in support thereof, the Appellate Committee
all state in writing its opinion as to whether or not a loan
ould be given, and, if it recommends the grant of a loan,
all forward the application to the officer empowered under
uh-section (1) with its opinion, stating the reasons for such
recommendation and specifying the following particulars,
namely :
(a) the amount of the loan that should be granted and
the rate of the interest that should be charged,
(b) the instalments in which the loan should be ad­
vanced, and
(c) the period after which and the instalments in which
the loan should be repaid.
Forest
loans.
Vesting
of forest
in a
Regional
Forest­
officer.

.8 The West Bengal Private Forests Act, 1948.
[ West Bengal Act
(Chapter 1I.- Conservation of Private Forests and Afforest­
ation of Waste-lands.- Sections 9, 10.)
(4) Subject to rules made under this A.ct, all loans granted
under sub-section (Z), all interests, if any, chargeable thereon
and costs, if any, incurred in granting such loans shall,
when they become clue, be recoverable by the Collector as if
they were arrears of land revenue clue in respect of the con­
trolled forest or the vested forest of which the borrower was
the owner at the time·the loan was granted:
Provided that no proceeding in respect of any such forest
under this sub-section shall affect any interest in that forest
which existed before the date of the order granting the loan
other than the interest of the borrower and of mortgagees
of, or pel'Sons having charges on, the interest of theborrower.
9. (1) 1 , after consultation in the prescribed manner
with the Conservator of Forests of the forest circle within
which the forests are situated, a Regional Forest-officer is of
the opinion that it is impossible otherwise to secure the con­
servation of two or more forests, belonging to different.
owners, of which the control has been vested in him by a
notification under sub-section (2) of section 6 or under
section 7, he may record an order that such forests shall be
managed under one working plan as if they belonged to one
owner, and shall cause a copy of such order to be served in
the prescribed manner on the owner of each such forest.
(2) The Regional Forest-officer may at any time, after
consultation in the manner referred to in sub-section (Z), by
order in writing rescind or modify an order passed by him
under that sub-section and a copy of every order passed under
this sub-section shall be served in the prescribed manner on.the owner of each such forest.
Amalga­
mation of
two or
more
vested
forests
un der one
working
plan.
Afforesta­
tion of
land ad­
joinin g a
forest.
(3) Any owner or other person interested in any such
forests may, within thirty days from the date on which the
copy of any ordei· passed under sub-section (1) or sub-section
(2) is served on him, appeal against such order to the Appel­
late Committee and the decision of the Appellate Committee
on such appeal shail, subject to the provisions of sub-section(4), be final.
(4) The Board of Revenue may, on application made
within thirty days from the date of any order of the Appel­
late Committee passed in appeal under sub-section (3),revise such order.
10, (1) The Provincial Government may, if it is satisfied
on application made by the owner of a controlled forest, or
by the Regional Forest-offiper in whom the control of a
private forest is vested under this Act, that any land adjoin­
ing such forest has not been cultivated during the three years
immediately preceding the year in which such application
is made and that such land is suitable for afforestation, by
notification, announce its intention to declare such land to.
be liable to be made over to the owner of such controlled
forest or vested forest, as the case may be.

The West Bengal Private Forests Act, 1948.° 9
XIV or 1948.1 "
(Chapter II.C onservation of Private Forests and ·Afforest­
ation of Wa ste-lands.S ection 10.)
(2) Every notification issued under sub-section (1) shall
specify a period within which objections to the proposed
declaration may be submitted by any person interested in
such land to the Appellate Committee and a copy of every
such notification shall be served in the ·prescribed manner
on the person entitled to cultivate such land.
' (3) After the expiry of the period so specified in a noti­
fication issued under sub-section (1), the Appellate Com­
mittee shall hear the objections, if any, submitted by the
person entitled to cultivate 'Such land or any other person
interested in such land and any evidence which any such
person may produce in support of the same and forward the
objections so submitted and its opinion thereon to the Pro-
vincial Government.
declaring such land to be liable to be made over to
the o n er of such forest to be specified in the .
notification, ' 2f
specifying as nearly as possible the situation and
limits of such land, a.nd '(b)
(a)
(4) I£, after considering the objections and the opinion
of the Appellate Committee forwarded under sub-section (3),
the Provincial Government is of opinion that such land
should be declared' to be liable to be made over to the owner
of the controlled or vested forest referred to in sub-section '
(1), the Provincial Government 'Shall issue a notification-
(c) appointing a Forest Settlement-officer to determine,
subject to any rules made under this Act, by an
order in writing,-
(i) what rights in or over such land shall be extin­
guished, and
(ii) what rent, if any, shall be payable by the owner of
such forest to any landlord of such land.
(5) When a notification has been issued under S:ub.-section
(4), the amount of the compensation payable under sub-section
(6) to every person whose rights as specified by the Forest
Settlement-officer under sub-clause (i) of clause (c) of sub­
section (4) are to be extinguished shall be determined, sub­
ject to any rules made under this Act, in the manner and in
accordance with the principles hereinafter set out, that is
to say-
(i) when the amount of compensation can be fir ed by
the Forest Settlement-officer appointed ·under
clause (c) of sub-section (4) by agreement, it shall
be paid in accordance with such agreement;
(ii) where no such agreement can be reached, the Provin­
cial Government shall appoint as arbitrator a.
person who has exercised the powers of a District
Judge in YVest Bengal or who J' ssesses such

IO The West Bengal Private Forests Act, 1948.
• [West Bengal Act
(Chapter II.- Conservation of Private Forests and Afforest­
- ation of Waste-lands. Section 10.) .
(iii)
. (iv)
( )
qualifications as are normally required for
appointment to the post of District Judge in West
Bengal;
at the commencement of the proceedings before the
· arbitrator the owner of the forest, or the Regional
Forest-officer by whom the compensation is pay­
able, and the person to be compensated shall state
b at in their respective opinions is a fair amount
of compensation;
the arbitrator in making his award shall have
regard to the provisions of sub-section (1) of
section 23 of the Land Acquisition Act, 1894, so
far as the same can be made applicable;
an appeal shall lie to the High Court against an ·•
award of an arbitrator except in cases where the
amount thereof does not exceed an amount pres­
cribed in this behalf ;
1of 1894.
save as provided in·this sub-section and in any rules
made under this Act, nothing in any law for the
time being in force shall apply to arbi-t.rations
·under this sub-section.
(6) The amount of compensation determined under sub­
section (5) shall be paid in the prescribed manner, in the
case mhege the notification under sub-section (1) waA issued
on the application of the owner of a controlled £o.l'est, by
such owner, and in the case where such notification was
issued on the application of a Regional Forest-officer, by
such officer out of the profits of- the vested forest adjoining
such ·land, to the person entitled to such compensation and,
on payment of such compensation, the land shall be made
orer by the Forest Settlement-officer appointed under clause
(c) of sub-section (4) to the owner of the controlled or .vested
forest specified in the notif oation issued under that sub­
section and shall thereupon vest m such owner and all r ghts
in or over such land specified by the said officer under sub-
·clause (i) of the said clause shall with effect from the date
on which such land is so made over be extinguished.
(7) Whe, any land is made over under sub-section (6) to
the owner of a forest, it shall, with effect from the elate on·
which it is so made over, be deemed to be a private forest.,}
(8) When any such land is made over under' sub-section
(6) to the o ner of a vested forest which adjoins·such land,
the control of such land shall be vested in the Regional
Forest-officer in whom the control of such forest is for the
time being vested and the land shall, for the purposes of
this Act, be deemed to be a vested forest.
(9) When any such land is made over under sub-section
(6) to the owner of a controlled forest which adjoins such
land,' the Regional Forest-officer may, after consultation in
the prescribed manner with the Conservator of Forests
of the forest circle within h ich such controlled' forest is

The West Bengal Private Forests Act, 1948. 1i
XIV of 1948.]
(Chapter II .-C onservation of Private Forests and Afforest-
ation of Wa ste-lad s. Section 11.)
situated, by an order in writing, a copy of which shall be
served on such owner in the prescribed manner, either direct
that the approved working plan in respect of such controlled
forest shall be deemed to be the working plan approved for
such laud under sub-section (1) of section 4 or require such
owner to prepare in the prescribed manner and submit with­
in the period to be mentioned in such order to such officer a
working plan in respect of such land.
(10) Where the owner of a 6 trolled forest is required
under sub-section (9) to prepare and submit a working plan
in respect of the land made over to him under sub-section (6),
the provisions of sections 3 and 4 shall·apply to such.working
plan as if such. owner has been required to prepare such work­
ing plappunder sub-section (Z) of section 3.
,4.lfj git appears from the report of a Regional
For.est-officer that•any waste-land .which is lying unculti­
vated for not less than three years is suitable for afforestation
and that the owner of such land is unwilling or unable to
cultivate it by growing therein agricultural crops, or to use
it for the purposes of horticulture to the satisfaction of such
officer or to afforest it, the Provincial Government may, by
a notification, clirect that the control of such land shall be
vested in a Regional Forest-officer to be specified in the noti­
Rcation for the purpose of afforestation for such period as
may be stated in the p oti~cation:
Provided that the Provincial Government shall not issue
any notification under this sub-section without considering
whether or not s c h land can more advantageously be used
for the purposes pf agriculture or h orticulture than for the
purposes of afforestation;
Provided further that no such notification shall be pub­
lished until a notice·has been issued by such. Regional Forest­
officer calling upon the owner of such land and any other
person interested therein to show cause before the Appellate
Committee within such period as. may oe specified in the
notice why the HOtificati.on should not be published and until
the cause, if any, shor n and any evidence that may have
been produced in support of the·sanie before the Appellate
Co i ttee and the opinion of the Appellate Committee
thereon have been considered by the Provincial Govern-
ment.
Affore­
station
of other
land.
(2) Any land in respect of which a noti:ficatio11 has been
published under sub-section (1)"shall be deemed to be a vesterl
forest for the purposes of this Act.
(3) When all e:s:penses iue1irrecl by the Provincial Gov­
ernment for the afforestation of any such lai d hare been
recouped, the profits resulting from such afforestation shall,
during the period the control of such land remains vested
in a Regional Forest-office~ be divided in equal shares
between the Provincial Government and the owner of the
land.

..·,
t
12 The West Bengal Private Forests Act,1 948.
[ West Bengal Act
(Chapter II.C onservation of Private Forests and Afforest­
ation of Wa ste-lands.S ections 12, 13.)
j 2. (I) Notwithstanding anything confained in any
other law for the time being in force, where a private forest
or any waste-land is, at the date of publication of a notif ca­
tion vesting the control thereof in a Regional Forest-officer
under sub-section (2) of section 6 or under section 7 or undersection 11, as the case may be,
(a) held unde:z:a lease granted by the owner of such
forest or land before the date of publication of
such notification, and such lease comprises not
only the areas included in such forest or land butalso other areas, or
() held by the owner of such forest or land as part of
a tenure or holding jointly with other lands,
the Collector of the district may, on application made in this
behalf by such Regional Forest-officer,-
(i) i the case referred to in clause (a), by an order in
writing, apportion, subject to rules made under
this Act, the rent payable under the lease
between the areas included within the vested
forest and other areas comprised within
the lease on the basis of their respective assets,and
(ii) in the case referred to in clause (b), by an order in
writing direct the division of such tenure orhold­
ing in such manner that a separate tenure or
holding is formed with the lands included with­
in the vested forest and also direct such distri­
bution of the rent payable in respect of such
tenure or holding 'between the two separate
tenures or holdings so formed as he deems fairand equitable:
Provided that no order shall be passed under this sub­
section without giving, in the case of an order passed under
clause (i) the lessor and the lessee of such forest . or land,
and in the case of an order passed under clause (ii) the
owner of such forest or land and the landlord or landlords,
.or their common agent, if any, of the tenure or holding, areasonable opportunity of being heard.
(2) An appeal shall lie from every order passed under
sub-section (Z) to the Commissioner of the Division if it is
presented within thirty days from the date of such order and
the decision of the Commissioner on such appeal shall be
final and shall not be questioned in any Court.
Eaplanation.I n this section, "l ease'', "l essor'' and
"lessee" have the same meanings as in the Transfer of
Property Act 1882 and "tenure" and "h oldino' have the. IV of
same meanings as i the Bengal Tenancy Aet,f ss. {%%,
1885.13. Where a private forest or waste-land of which the
control has been vested in a Regional Forest-officer by a.
notification under sub-section (2) of section 6 or under
section 7 or under section 11 is, at the date of publication
of such notification, held either exclusively or jointly with
other property under a lease granted by the owner of such
. forest or land before such date, the rent payable under the
Appor­
tionment
., of rents of
forests
held under
a lease
jointly
with other
lends and
tho divi­
sion of the
tenure or
holding
compris­
ing a
forest.
Rent to
be a
charge on
the lease­
hold in­
terest in a
vested
forest.

•
­Daer­mm. at1on
of cost
of man­
a.geme nt
of vested
forest
and distri­
bution of
net profit.
Power to
exempt
an estate
of which a
vested
forest
forms
pa rt from
sale for
arrears of
revenue.
'Por er to
order a
vested
forest to
be formed
into a
separate
estate.·
(2) The cost of the operations of any Forest Settlement­
officer and such part of the cost of a Regional Forest-officer
and of his staff as is proportionate to the work clone by them
in connection with the management of a vested forest shall
be included in the cost of management~
(3) Any amount due in respect of a loan made under
section 8 to the owner of a vested forest shall be included
in the cost of management of such forest.
(4) Any amount paid as compensation_by h e Regional
Forest-officer under sub-sect1on (6) of sect1on 10 out:of the%.
profits of a vested forest or paid as compensation by the •
Regional Forest-officer under sub-section (2) of section 25,
and to be recouped under that sub-section from the profits
of a vested forest, shall be included mthe cost of manage­
ment of such forest.
The West Bengal Pr a te Forests Act, 1948. 13
XIV of 1948.]
(Chapter II.C onservation of Private Forests and Afforest­
ation of Waste-lands.S ections 14 16.)
lease or under an order of apportionment made under clause
(i) of sub-section (1) of section 12 in respect of such forest
or land during the period such forest or land remains so
vested in the Regional :Forest-:-oflicer shall, subject to the
prior payment of the land-revenue, if any, due to the
Government thereupon, be a first charge upon the leasehold
interest in such forest created by such lease.
14. The Provincial Government may, if it. thinks it ex­
pedient, direct the Collector to partition off that part of an
estate wh ich comprises a vested forest info a separate estate;
and the demand in respect of land-revenue and cess for wh ich
the original estate was liable shall on such partition be
assessed upon and divided between the two separate estates
so formed respectively iu such manner as the Provincial
Government may direct.
15. The Provincial Government may, if it so considers
expedient, by a notification, exempt any estate, and subject
to the provisions of section 14'of the Bengal Land-revenue
Sales Act, 1859, every share or part of an estate for which
a separate account has been opened, under section 10, or
section ll of the said Act, or under section 70 of the Ia.nd
Registration Act, 1876, of which a vest.eel forest forms part,
from sale for arrears of Governme nt revenue accruing during
the period the control of such forest remains vested in a
Regional Forest-officer under sub-section (2) of section 6 or
under section 7 or under section 11 or during such part ef
such period as may be specified in such notification :
Provided that where any such estate, share or part is so
exempted, all such arrears of revenue shall be the first charge
upon the sale-proceeds of such estate, share or part which
may be sold otherwise than for such arrears of revenue.
- 16. (1) The cost of any extra staff required for the
management of a vested forest in each g ar shall be deter­
mined in the prescribed manner by the· Regional Forest­
officer and shall be recovered by him in that year, or in
subsequent years, from the sale of the forest produce of such
forest.
Ben. Act
VII of
1876.
XI of
1859.

14 The West Bengal Pr a te Forests Act, 1948.
4
!t.
Imposi­
tion of
cess.
Release of
vested
forest
to the
owner.
[ West Bengal Act
(Chapter Il.C onservation of Private Forests and Afforest­
ation of Waste-land s.S ections 17, 18.)
(5) Until otherwise determined by a competent Co:urt,
the respective shares of the owners of a vested forest shall be
determined by a Forest Settlement-officer in the prescribed
"manner, and thereafter, the net profits in respect of such
forest, which shall be calculatNl in the prescribed manner,
shall be distributed among the various owners thereof in pro­
portion to their respective shares as so determined.
(6) I each year the Regional Forest-officer shall record
in a statement the cost of management with which each
vested forest shall be charged and any amount which shall be
paid in respect of the net profits calculated under sub-sec­
tion (6) a d shall cause a copy of such statement to be served
in the prescribed manner on the.owner of such forest.
17. (1) The Provincial Government may impose in the
prescribed manner on an acreage basis a cess on all private
forests within a notified area with effect from such date, not
being· before the expiry of ten years from the date of publi­
cation of a notifiGation under section 3, as the said Govern­
ment may appoint.
(2) Such cess shall be so calculated as to yield a sum not
greater than that which is sufficient to meet the cost of the
H,egional Forest-oflicer and his staff, including any expenses
incurred in connection with their work to be determined in
h e prescribed manner.
(3) I£ the Regional Forest-officer or his staff does any work
in connection with a Government forest, a proportionate
deduction shall be made from the cost of such·Regional
:Forest-officer and 0£ his staff before the cess is cal:culated
under sub-section (2).
(4) I very cess imposea ' a er sub-section (1) shall be
recoverable as a public demand under the Bengal Public Beu. Act
Demands Recovery .A.ct, 1913. ·II I of
1913.
18. (1) If the owner of a vested forest satisfies the
Appellate Committee-
a aa R, u e after the expiry of fifteen years from the
date of the notification by which the control of
such forest has 'been yested in a Regional Forest-
officer, that- ' ~
(i) the control of such forest may be restored to him
without undue risk of detriment to its con­
servation, and
(ii) the cost of its , a nagement, a# determined under
the provisions of sub-section (1) of section 1G
has been recovered in full, or
'
(5} The Provincial Government 'may, by general or
special order, exempt any private forest in a notified area
from the payment of any cess imposed under sub-section (l'j
or of any portion of such cess for such period as may be
specified in such order. ·

The West Bengal Pr a te Forests Act, 1948. 15
XIV of 1948.]
(Chapter II.C onservation of Private Forests and Afforest­
ation of Waste-lands.C hapter III.R agl ts n Forests.
- Section 19.)
at any time after the expiry of thirty years from
the date of such notification, that the cost of
management of such forest as determined under
the provisions of that sub-section has been
recovered,
the .Appellate Committee shall by order direct that with effect
from a date, to be specified in suc

Excerpt shown. Open the full act in Lexace.

‹ Prev All West Bengal acts Next ›