Maharashtra Private Forests (Acquisition) Act, 1975
No: 29 Dated: Aug, 29 1975
THE MAHARASHTRA PRIVATE FORESTS (ACQUISITION) ACT, 1975
ACT No. XXIX OF 1975
An Act to acquire private forests in the State and to provide for certain other matters.
Whereas the forest land in the State is inadequate;
And Whereas the private forest in the State is generally in a 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 Maharashtra 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 socioeconomic 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 forest suitable for the purpose, for assigning a part of the private forest to the rural community, for controlling the soil erosion 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 siltation 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 subserve the common good, for promoting employment opportunities based on of rest, 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 interests of agriculture and agriculturists in such private forest and other land in the State and for undertaking schemes [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 holding 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 revested 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 shall come into force on such [date] 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;
(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;
[(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 stumps 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-nogged or cultivable or non-cultivable land, lying within or linked to a 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 in its application to 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 section 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 (2) 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 expressions used in this Act but not defined therein shall have the meanings assigned to them in the Code, or, as the case may be, in the Forest Act.