(1) The 1[State Governmen]t may, by notification
in the 2[Official Gazette], regulate or prohibit in any forest or waste-land-]-
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary for any of the following purposes:--
(i) for protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
(2) The 3[State Government] may, for any such purpose, construct at us own expense, in or upon any forest or waste-land, such work as it thinks fit.
(3) No notification shall be made under sub-section (1) nor shall any work be begun under subsection (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the 3[State Government].
STATE AMENDMENTS
Maharashtra.--
Amendment of section 35 of Act XVI of 1927.--In section 35 of the said Act,--
(1) in sub-section (3), after the words "until after the issue" the words "by an officer authorised by the State Government in that behalf" shall be inserted;
(2) After sub-section (3), the following sub-section shall be added, namely:--
"(4) A notice to show cause why a notification under sub-section (1) should not be made, may require that for any period not exceeding six months, or till the date of the making of a notification, whichever is earlier, the owner or such forest and all persons who are entitled or permitted to do therein any or all of the things, specified in clause (i) or sub-section (1), whether by reasons of any right, title or interest or under any licence or contract or otherwise, shall not, after the date of the notice and for the period or until the date aforesaid, as the case may be, do any or all the things specified in clause (i) of sub-section (1), to extent specified in the notice.
(5) A notice issued under sub-section (3) shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the service of summons and shall also be published in the manner prescribed by rules.
(6) Any person contravening any requisition made under sub-section (4) in a notice to show cause why a notification under sub-section (1) should not be made shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both."
[Vide Uttarakhand Act XXIV of 1955, s. 4].
Maharashtra.--
Amendment of section 35 of Act XVI of 1927.--In section 35 of the principal Act,--
(i) in sub-section (4); for the words "six months" the words "one year" shall be substituted;
(ii) after sub-section (5), the following sub-section shall be inserted, namely :--
"(5-A) Where a notice issued under sub-section (3) has been served on the owner of a forest in accordance with subsection (5), any person acquiring thereafter the right of ownership of that forest shall be bound by the notice as if it had been served on him as an owner and he shall accordingly comply with the notice, requisition and notification, if any, issued under this section.";
(iii) after sub-section (6), the following sub-section shall be inserted, namely :--
"(7) Any person contravening any of the provisions of a notification issued under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both."
[Vide Maharashtra Act VI of 1961, s. 9].
(a) the breaking up or clearing of land for cultivation;
(b) the pasturing of cattle; or
(c) the firing or clearing of the vegetation;
when such regulation or prohibition appears necessary for any of the following purposes:--
(i) for protection against storms, winds, rolling stones, floods and avalanches;
(ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of landslips or of the formation of ravines, and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;
(iii) for the maintenance of a water-supply in springs, rivers and tanks;
(iv) for the protection of roads, bridges, railways and other lines of communication;
(v) for the preservation of the public health.
(2) The 3[State Government] may, for any such purpose, construct at us own expense, in or upon any forest or waste-land, such work as it thinks fit.
(3) No notification shall be made under sub-section (1) nor shall any work be begun under subsection (2), until after the issue of a notice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the 3[State Government].
STATE AMENDMENTS
Maharashtra.--
Amendment of section 35 of Act XVI of 1927.--In section 35 of the said Act,--
(1) in sub-section (3), after the words "until after the issue" the words "by an officer authorised by the State Government in that behalf" shall be inserted;
(2) After sub-section (3), the following sub-section shall be added, namely:--
"(4) A notice to show cause why a notification under sub-section (1) should not be made, may require that for any period not exceeding six months, or till the date of the making of a notification, whichever is earlier, the owner or such forest and all persons who are entitled or permitted to do therein any or all of the things, specified in clause (i) or sub-section (1), whether by reasons of any right, title or interest or under any licence or contract or otherwise, shall not, after the date of the notice and for the period or until the date aforesaid, as the case may be, do any or all the things specified in clause (i) of sub-section (1), to extent specified in the notice.
(5) A notice issued under sub-section (3) shall be served on the owner of such forest in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908), for the service of summons and shall also be published in the manner prescribed by rules.
(6) Any person contravening any requisition made under sub-section (4) in a notice to show cause why a notification under sub-section (1) should not be made shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both."
[Vide Uttarakhand Act XXIV of 1955, s. 4].
Maharashtra.--
Amendment of section 35 of Act XVI of 1927.--In section 35 of the principal Act,--
(i) in sub-section (4); for the words "six months" the words "one year" shall be substituted;
(ii) after sub-section (5), the following sub-section shall be inserted, namely :--
"(5-A) Where a notice issued under sub-section (3) has been served on the owner of a forest in accordance with subsection (5), any person acquiring thereafter the right of ownership of that forest shall be bound by the notice as if it had been served on him as an owner and he shall accordingly comply with the notice, requisition and notification, if any, issued under this section.";
(iii) after sub-section (6), the following sub-section shall be inserted, namely :--
"(7) Any person contravening any of the provisions of a notification issued under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, or with both."
[Vide Maharashtra Act VI of 1961, s. 9].
1. Subs. by the A.O. 1950, for "Provincial Government".
2. Subs. by the A.O. 1937, for "Local Official Gazette".
3. Subs. by the A.O. 1950, for "Provincial Government".