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THE PRIVATE FORESTS ORDINANCE, 1959

(EAST PAKISTAN ORDINANCE NO.XXXIV OF 1959).
  Part No : Chapter No : Section No: [ 11th May, 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
 
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CONSERVATION OF PRIVATE FORESTS AND AFFORESTATION OF WASTE LANDS
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
CHAPTER III
RIGHTS IN FORESTS
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
CHAPTER IV
PENALTIES AND PROCEDURE
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
CHAPTER V
REGIONAL FOREST OFFICER
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
CHAPTER VI
RULES
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
CHAPTER VII
MISCELLANEOUS
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]
 
 

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