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The Private Forests Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. XXXIV OF 1959 )

Chapter II

CONSERVATION OF PRIVATE FORESTS AND AFFORESTATION OF WASTE LANDS

Preparation of, and appeal and revision in respect of, working plans for private forest
3. (1) (a) The Government may, by notification, direct that every owner of a private forest which is not a vested forest, but which is situated within such area as may be specified in the notification, shall prepare in the prescribed manner and submit within the period mentioned in the notification to the Regional Forest Officer a working plan for the conservation of such private forest.
 
 
 
 
(b) If any person fails to submit the statement mentioned in clause (a) of sub-section (1) within the specified time, he shall be punishable with fine which may extend to five hundred taka:
 
 
 
 
Provided that no prosecution shall be instituted under this sub-section unless the Regional Forest Officer has served in the prescribed manner a notice on such owner specifying his failure to carry out the above provision within 30 days from the date of service of such notice and unless such owner has failed to comply with such notice.
 
 
 
 
(2) On the expiry of the period mentioned in the notification under sub-section (1), the Regional Forest Officer shall, after considering each working plan submitted to him under that sub-section, and after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, by an order in writing, accept the working plan or modify it in such manner as he may consider necessary or substitute another working plan for it.
 
 
 
 
1[(3a)] If any owner of such private forest does not submit a working plan within the period specified in the notification issued under sub-section (1), the Regional Forest Officer may, after consultation in the manner prescribed with the Conservator of Forests of the forest circle within which such forest is situated, prepare a working plan in respect of such forest.
 
 
2[(3b) The cost of preparing the working plan under sub-section (3a) as estimated by the Regional Forest Officer in consultation with the Conservator of Forests of a circle within which such forest is situated, is recoverable from the owner of the private forest as forest revenue or as an arrear of forest revenue under the Public Demands Recovery Act, 1913.]
 
 
 
 
(4) When the Regional Forest Officer by an order in writing modifies any working plan under sub-section (2) or substitutes another working plan under that sub-section for the working plan submitted under sub-section (1), he shall cause a copy of such order to be served in the prescribed manner upon the owner of such private forest to which such working plan relates and such owner may, within sixty days of the date of service of such order, appeal against such order to the Appellate Committee and the Appellate Committee may thereupon, after giving such owner an opportunity of being heard, by an order in writing, either accept the working plan with or without modifications or reject it and the decision of the Appellate Committee on every such appeal shall, subject to the provisions of sub-section (5), be final.
 
 
 
 
(5) The Board of Revenue may, on application by an owner of a private forest for revision of an order of the Appellate Committee passed in appeal under sub-section (4), and if such application is made within thirty days from the date of the order, call for the record of the appeal in which the order was passed and on receipt of such record, after giving such owner an opportunity of being heard, may, if it does not see fit to reject the application, direct the Appellate Committee by an order in writing to make such modifications in the working plan accepted by the said Committee under sub-section (4) as may be specified in such order in writing.
 
 
 
 
(6) The Board of Revenue shall, as soon as may be after an application for revision is disposed of under sub-section (5), communicate the order passed by it on such application to the Appellate Committee, and on receipt of such order the Appellate Committee shall, where the Board of Revenue has directed any modification to be made in such working plan, modify it accordingly.

  • 1
    Sub-section (3) was re-numbered by section 4 of the East Pakistan Private Forests (Amendment) Ordinance, 1961(East Pakistan Ordinance No. VI of 1961)
  • 2
    Sub-section (3b) was added by section 4 of the East Pakistan Private Forests (Amendment) Ordinance, 1961(East Pakistan Ordinance No. VI of 1961)
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