IF Act 36Chapter V · Of the Control Over Forestsand Landsnotbeingthe Property of Government
Section 36 · Power to assume management of forests
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(1) In case of neglect of, or willful disobedience to,
any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that
section so require, the1[State Government] may, after notice in writing to the owner of such forest or land
and after considering his objections, if any, place the same under the control of a Forest-officer, and may
declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or
land.
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said owner.
STATE AMENDMENT
Maharashtra.--
Insertion of new sections 36-A, 36-B, and 36-C in Act XVI of 1927.--After section 36 of the said Act, the following new sections shall be inserted, namely:--
"36-A. Manner of serving notice and order under section 36.--The notice referred to in sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a Forest officer shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908 (V of 1908), for the service of summons.
36-B. Period of control.--(1) The period of such control of any forest shall be for ten years from the date of the order aforesaid ; but such period may thereafter by extended for successive periods of not more than years each:
Provided that the period of such control shall not in the aggregate exceed 30 years from the date of the order.
(2) The forest officer, under whose control the forest is placed, shall, not later than six months before the expiry of any period referred to in sub-section (1) make a report regarding such control and shall state therein whether in his opinion, any period of control should be extended.
decide whether to extend any period of control or whether to terminate it in the manner provided in the next succeeding section.
(4) No period of control shall be extended unless the owner has been given reasonable opportunity of showing cause against such extension.
36-C. Termination of control.--(1) If the State Government decides to terminate any period of control of any forest, if shall, by order published in the Official Gazette and in such other manner as may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the owner, or if the owner be dead, to any person entitled to such possession, together with any sum of money which may be standing to the credit of such owner;
(2) All acts done or purported to be done by the Forest-officer in respect of any forest placed under his control, during the period of such control or of any extension thereof, shall be binding on the owner of such forest or any person to whom possession of the forest has been delivered under this section."
[Vide Bombay Act XXIV of 1955, s. 5]
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said owner.
STATE AMENDMENT
Maharashtra.--
Insertion of new sections 36-A, 36-B, and 36-C in Act XVI of 1927.--After section 36 of the said Act, the following new sections shall be inserted, namely:--
"36-A. Manner of serving notice and order under section 36.--The notice referred to in sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a Forest officer shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908 (V of 1908), for the service of summons.
36-B. Period of control.--(1) The period of such control of any forest shall be for ten years from the date of the order aforesaid ; but such period may thereafter by extended for successive periods of not more than years each:
Provided that the period of such control shall not in the aggregate exceed 30 years from the date of the order.
(2) The forest officer, under whose control the forest is placed, shall, not later than six months before the expiry of any period referred to in sub-section (1) make a report regarding such control and shall state therein whether in his opinion, any period of control should be extended.
decide whether to extend any period of control or whether to terminate it in the manner provided in the next succeeding section.
(4) No period of control shall be extended unless the owner has been given reasonable opportunity of showing cause against such extension.
36-C. Termination of control.--(1) If the State Government decides to terminate any period of control of any forest, if shall, by order published in the Official Gazette and in such other manner as may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the owner, or if the owner be dead, to any person entitled to such possession, together with any sum of money which may be standing to the credit of such owner;
(2) All acts done or purported to be done by the Forest-officer in respect of any forest placed under his control, during the period of such control or of any extension thereof, shall be binding on the owner of such forest or any person to whom possession of the forest has been delivered under this section."
[Vide Bombay Act XXIV of 1955, s. 5]
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