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The Private Forests Ordinance, 1959 (East Pakistan Ordinance)

( Ordinance NO. XXXIV OF 1959 )

Chapter IV

PENALTIES AND PROCEDURE

Imposition of collective fine on the inhabitants in certain cases
30. (1) If it is proved to the satisfaction of the District Magistrate that in any vested forest-
 
 
 
 
(a) any cattle have been permitted to trespass,
 
 
 
 
(b) any trees have been felled, girdled, lopped, tapped, burnt, or otherwise damaged,
 
 
 
 
(c) any other forest-produce has been burnt or removed, or
 
 
 
 
(d) any land has been broken up for any purpose, otherwise than in the exercise of any right in or over such forest, with intent to cause detriment to the conservation of such forest and if the District Magistrate is satisfied after enquiry that the inhabitants of any local area are concerned in the commission of any such offences or are in any way assisting persons in committing such offences,
 
 
 
 
the District Magistrate may, by order in writing in which shall be specified the reasons for making such order, impose on the inhabitants of such area a collective fine which may extend to five hundred taka or three times the value estimated by him of any forest-produce damaged, whichever is greater, and may, after such further inquiry, as he deems necessary, apportion such fine amongst such inhabitants and such apportionment shall be made according to the respective means of such inhabitants.
 
 
 
 
(2) Every order imposing a collective fine under sub-section (1) shall be forthwith published in the local area in such manner as the District Magistrate considers best calculated to bring the order to the notice of the inhabitants of the area concerned.
 
 
 
 
(3) The District Magistrate may exempt any person or section of such inhabitants from liability to pay any portion of such fine.
 
 
 
 
(4) The portion of such fine payable by any person may be recovered from him as a fine or as a public demand under the 1[* * *] Public Demands Recovery Act, 1913.
 
 
(5) Every apportionment of collective fine made under sub-section (1) shall be subject to revision by the Commissioner of the Division on application made in that behalf to him by any person affected by such apportionment within thirty days from the date on which such apportionment is made and the decision of the Commissioner thereon shall be final.

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