The Private Forests Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. XXXIV Of 1959 )

An Ordinance to provide for the conservation of private forests and for the afforestation in certain cases of waste lands in Bangladesh.1

 
 
 
WHEREAS it is expedient to provide for conservation of forests and for the afforestation of waste lands in Bangladesh where such forests or lands are not the property of the Government or where the Government have no proprietory right over such forests or lands;
 
 
 
 
AND in pursuance of the Presidential Proclamation of the 7th day of October, 1958, and having received the previous instructions of the President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:-
 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Preparation of, and appeal and revision in respect of, working plans for private forest

4. Approved working plans

5. Prohibition of leases of terms of existing leases of private forests after issue of notification under section 3(1)

6. Penalty for the violation of working plan

7. Vesting of forest in a Regional Forest Officer

8. Forest loans

9. Amalgamation of two or more vested forests under one working plan

10. Afforestation of land adjoining a forest

11. Afforestation of other land

12. Apportionment of rents of forests held under a lease jointly with other lands and the division of the tenure or holding comprising a forest

13. Rent to be a charge on the lease-hold interest in a vested forest

14. Power to order a vested forest to be formed into a separate estate

15. Power to exempt an estate of which a vested forest forms part from sale for arrears of revenue

16. Determination of cost of management of vested forest and distribution of net profit

17. Imposition of cess

18. Release of vested forest to the owner

19. Control and demarcation of vested forest

20. Appointment of Forest Settlement Officer

21. Bar of accrual of rights

22. Proclamation by Forest Settlement Officer

23. Inquiry by Forest Settlement Officer

24. Powers of Forest Settlement Officer

25. Specification and modification of rights

26. Appeals

27. Pleaders

28. Extinction of rights

29. Penalties for breach of rules

30. Imposition of collective fine on the inhabitants in certain cases

31. Nothing in sub-section (1) of section 29 to prohibit acts done in certain cases

32. Seizure of property liable to confiscation

33. Power to release property seized under section 32

34. Information of the Magistrate and procedure thereupon

35. Notice to claimants of seized forest-produce

36. Disposal of unclaimed forest-produce

37. 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

40. Procedure as 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 timber and for altering boundary marks

46. Power to arrest without warrant

47. Power to release on a bond a person arrested

48. Power to prevent commission of offence

49. Power to try offences summarily

50. Power of Court to order payment or rewards out of fine

51. Power to compound offences

52. Onus of proof

53. Government may invest Regional Forest Officers with certain powers

54. Power of officers

55. Forest Officers deemed public servants

56. Indemnity for acts done in good faith

57. Power to make rules

58. Application of rules made under sections 41 and 42 of the Forest Act 1927, to transit of forest-produce from private forest

59. Conservation of forest or afforestation of land at the request of owners

60. Recovery of money due to Regional Forest Officer and lien on forest-produce for such money

61. Land required under this Ordinance to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894

62. Powers of the Regional Forest Officer and control of the Government

63. Repeal and savings

64. [Repealed]