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28/06/2025
The Private Forests Ordinance, 1959 (East Pakistan Ordinance)

The Private Forests Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. XXXIV OF 1959 )

Chapter VII

MISCELLANEOUS

Conservation of forest or afforestation of land at the request of owners
59. Notwithstanding anything elsewhere contained in this Ordinance, the Government may, on application made in this behalf in writing by the owner of any private forest or of any waste land referred to in sub-section (1) of section 11 or, if there be more than one owner thereof, by the owners of shares therein amounting in the aggregate to at least one-half thereof, to the Collector of the district in which such forest or land is situated, by a notification, apply the provisions of this Ordinance, applicable to vested forests, subject to such restrictions or conditions as may have been determined by an agreement between the said Collector and such person or persons, to such forest or land and thereupon such forest or land shall be managed on behalf of such owner or owners as a vested forest in accordance with such provisions by a Regional Forest Officer specified in this behalf by the Government.
Recovery of money due to Regional Forest Officer and lien on forest-produce for such money
60. (1) All money payable to a Regional Forest Officer under this Ordinance or under any rule made under this Ordinance, other than money payable in respect of the cost of management of a vested forest, and all money payable to such officer on account of the price of any forest-produce or on account of expenses incurred in the execution of this Ordinance, in respect of such produce shall, if not paid when due, be recoverable as a public demand under the 1[* * *] Public Demands Recovery Act, 1913.
 
 
 
 
(2) When any such money is payable for or in respect of any forest-produce, the amount thereof shall be deemed to be a first charge on such produce and such produce may be taken possession of by a Regional Forest Officer until such amount has been paid.
 
 
 
 
(3) If such amount is not paid when due, the Regional Forest Officer may sell such produce in the prescribed manner, and after payment of the costs of the sale the proceeds thereof shall be applied first in discharging such amount.
 
 
(4) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to the Government.
Land required under this Ordinance to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894
61. Whenever it appears to the Government that any land is required for any of the purposes of this Ordinance, such land shall be deemed to be needed for a public purpose within the meaning of 2[section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ord. No. II of 1982)].
Powers of the Regional Forest Officer and control of the Government
62. Subject to the provisions of this Ordinance, and to any rules made thereunder, every Regional Forest Officer-
 
 
 
 
(a) may do all such things requisite for the proper management of the forest the control of which has been vested in him under this Ordinance as the owner of such forest might do for its management, and
 
 
 
 
(b) shall in the exercise of his powers and in the performance of his duties in relation to such forest be guided by such orders and instructions as may, from time to time, be issued in this behalf by the Government.
Repeal and savings
63. (1) Sections 35, 36, 37 and 38 of the Forest Act, 1927 in their application to Bangladesh are hereby repealed.
 
 
 
 
(2) Such repeal shall not affect anything done or suffered or any obligation or liability accrued or any penalty incurred or any proceedings commenced before the commencement of this Ordinance.
 
 
 
 
(3) Any private forest or waste land held under the control of a Forest Officer under section 36 of the Forest Act, 1927, immediately before the commencement of this Ordinance, shall, on such commencement, notwithstanding the repeal of the said section, continue to be so held under the control of a Regional Forest Officer under the provisions of this Ordinance, applicable to a vested forest and shall be deemed to be vested forest for the purposes of this Ordinance.
 
 
(4) All lands which immediately before the commencement of this Ordinance, were being managed as a reserved or a protected forest under the provisions of section 38 of the Forest Act, 1927, shall, on such commencement, notwithstanding the repeal of the said section, continue to be managed under the provisions of section 59 of this Ordinance as a vested forest subject to such terms as may have been mutually agreed upon between the owner or owners of such lands and the Collector and the application made under sub-section (1) of the said section 38 by the owner or owners of any such land shall be deemed to be an application made under the said section 59.
[Repealed]
64. [Repeal of Bengal Act XI of 1945.- Repealed by Section 3 and the Second Schedule of The East Pakistan Repealing and Amending Ordinance, 1966 (East Pakistan Ordinance No. XIII of 1966).]
 
 

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