INDIAN FOREST (MAHARASHTRA SECOND AMENDMENT) ACT, 1984
(Maharashtra Act No. 23 of 1984)
An Act further to amend the Indian Forest Act, 1927, in its application to the State of Maharashtra.
Whereas it was noticed that large scale illicit cutting of trees and quick conversion thereof into timber used to take place in saw mills located in or within some distance from Government forests;
And Whereas there was no provision in the Indian Forest Act, 1927, in its application to the State of Maharashtra, empowering the State Government to make rules for regulating by grant of licences for the cutting or conversion of timber in saw mills within the forest limits or certain distance therefrom;
And Whereas such illicit cutting and conversion of timber from Government forests and consequent loss of revenue could not, therefore, be arrested effectively;
And Whereas by the Indian Forest (Maharashtra Amendment) Act, 1964, sub-section (2) of section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra, had been amended by inserting clause (hh) therein to regulate by grant of licences within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licence may be granted;
And Whereas in Writ Petition No. 788 of 1984 (Ashok Narayan Thakar of Yavatmal versus Divisional Forest Officer, Yavatmal Zone, Yavatmal and another) and some more such writ petitions filed in the High Court of Bombay (Nagpur Bench), the provisions of the said clause (hh) of sub-section (1) of section 41 have been challenged inter alia on the grounds that the provisions of sub-section (1) of the said section 41 did not empower the State Government to regulate by grant of licences the converting or cutting of timber in a saw mill outside the limits of forests, and t here was no substantive provision for that purpose in that section and, therefore, they were ab inito void and further that they were unconditional and violative of sub-clause (g) of clause (1) of Article 19 of the Constitution of India inasmuch as the previous sanction of the President required under the provisions of the proviso to clause (b) of Article 304 of the Constitution had not been obtained before the introduction of the Bill, which, after it was passed, had been enacted as Maharashtra Act No. XV of 1965;
And Whereas with a view to arresting the large scale illicit cutting of trees and conversion thereof into timber in the saw mills located within the forest limits and certain distance therefrom, it was expedient that power should be taken with retrospective effect to the State Government to make rules for regulating by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribing fees and conditions, subject to which licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may be filed, and for that purpose to amend section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra suitably;
And Whereas it was also expedient to provide for the validation of such rules made, the licences granted or renewed and in force and anything done or any action taken thereunder;
And Whereas both Houses of the State Legislature were not in session;
And Whereas the Governor of Maharashtra has satisfied that circumstances existed which rendered it necessary for him to take immediate action further to amend the Indian Forest Act, 1927, in its application to the State of Maharashtra, for the purposes hereinafter appearing; and therefore promulgated the Indian Forest (Maharashtra Amendment) Ordinance, 1984;
And Whereas, it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Indian Forest (Maharashtra Second Amendment) Act, 1984.
(2) It shall be deemed to have come into force on the 22nd June, 1984.
Object & Reasons
Statement of Objects and Reasons. - Government had noticed that saw mills located in or within a certain distance from Government forests played a major role in cutting and converting timber obtained illicitly from Government forests, thereby destroying evidence of forest offence and causing loss of Government revenue in addition to destruction of forests. With a view to checking the illegal activities of such saw mills, Government considered it necessary to regulate by grant of licences, converting or cutting of timber in saw mills within the forest limits or within a specified distance from the forest limits. For this purpose the Bombay Forest Rules, 1942 and the other corresponding rules in force in the State of Maharashtra were amended suitably and subsequently the Indian Forest Act, 1927, in its application to the State of Maharashtra, was also amended by inserting clause (hh) in sub-section (2) of section 41 of that Act by the Indian Forest (Maharashtra Amendment) Act, 1964 (Maharashtra XV of 1965).
2. In Writ Petition No. 788 of 1964 (Ashok Narayan Thakur of Yavatmal v. Divisional Forest Officer, Yavatmal Zone Yavatmal and Anr.,) filed in the High Court of Bombay (Nagpur Bench), the provisions of the said clause (hh) of sub-section (2) of section 41 of the Indian Forest Act, 1927 have been challenged inter alia on the grounds that the provisions of sub-section (1) of the said section 41 did not empower the State Government to regulate, by grant of licences, the converting or cutting of timber in a saw mill outside the limits of forests as there was no substantive provision for that purpose in that section and, therefore, they were ab initio void and further that they were unconstitutional and violative of sub-clause (g) of clause (1) of Article 19 of the Constitution of India inasmuch as the previous sanction of the President required under the provisions of the proviso to clause (b) of Article 304 of the Constitution had not been obtained before the introduction of the Bill, which, after it was passed by the State Legislature, had been enacted as the Indian Forest (Maharashtra Amendment) Act, 1964 (Maharashtra XV of 1965).
3. If the provisions of clause (hh) of sub-section (2) of section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra, were struck down as unconstitutional and the rules framed thereunder were struck down as void, it would have adversely affected the cause of forest protection, as all the act ions taken under the rules framed under the powers conferred by that clause would have been rendered null and void. It was. therefore, considered expedient to take powers to the State Government with retrospective effect, from the 12th September, 1960, to make rules for regulating, by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres, as may be determined, the converting or cutting of timber in a saw mill, and prescribing fees and conditions subject to which licence may be granted and the manner in which and the authority to whom an appeal against the order of refusal, suspension or revocation of licence may be filed and for that purpose to amend section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra; and to provide for validation of the existing rules and licences granted or renewed and in force and anything done or any action taken thereunder.
4. As both Houses of State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to amend the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra suitably for the purposes aforesaid, the Governor of Maharashtra promulgated the Indian Forest (Maharashtra Amendment) Ordinance, 1984 (Maharashtra Ordinance III of 1984), on the 22nd June, 1984.
2. Amendment of section 41 of Act XVI of 1927. - In section 41 of the Indian Forest Act, in its application to the State of Maharashtra, -
(a) after sub-section (1), the following sub-section shall be inserted, and shall be deemed to have been inserted, with effect from the 12th day of September, 1960, namely :-
"(1A) Notwithstanding anything contained in any law for the time being in force, the State Government may make rules to regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may be filed.";
(b) in sub-section (2), clause (hh) shall be deleted, and shall be deemed to have been deleted, with effect from the 10th day of February, 1965.
3. Consequences of retrospective amendment of section 41 of Act XVI of 1927. - It is hereby declared that section 41 of the Indian Forest Act, 1927, in its application to the State of Maharashtra (hereinafter in this section referred to as "the principal Act"), having been retrospectively amended by this Act, with power to the State Government to make rules for the purposes referred to in section 41 of the principal Act, as amended by this Act,-
(a) Rule 88 under the heading "I. Conversion of Timber within certain distance of Forests" in Chapter VI of the Bombay Forest. Rules, 1942 and the Form in Schedule EE thereto or any other provisions in relation to the grant of such licences contained in the said rules and the corresponding provisions contained in any other rules applicable in the Marathwada and the Vidarbha Region, as amended from time to time, and in force on the day immediately proceeding the date of commencement of this Act shall be deemed to have been validly made and effective and continuously in force as if they have been made under the principal Act, as amended by this Act;
(b) all licences granted under the said rules and subsisting on the date of commencement of this Act shall be valid for the period for which they are granted or renewed;
(c) anything done or any action taken under the principal Act, as amended by this Act (including the rules made thereunder), shall be deemed to be, and shall be deemed always to have been, validly done and taken, and shall not be called in question in any Court or before any authority, merely on the ground that there was no valid rule making power vested in the State Government or that the amendments to the rules were not validly made or that the rules or amendments made thereto and licences granted or renewed thereunder as aforesaid did not fit in the rule making power of the State Government or on such other ground.
4. Repeal of Maharashtra Ordinance III of 1984 and saving. - (1) The Indian Forest (Maharashtra Amendment) Ordinance, 1984, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any rule framed, an order issued or any licence granted or renewed) under the said Ordinance shall be deemed to have been done, taken, framed, issued, granted or renewed, as the case may be, under the principal Act, as amended by this Act.
Notifications
G. N., R. & F. D., No. IFA. 1064/71168-Z, dated 23rd November, 1966 (M.G., Part IV-A, page 781) - In exercise of the powers conferred by sub-section (1) of section 68 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra and in supersession of all previous notifications issued in that behalf, the Government of Maharashtra hereby empowers the Forest Officers specified in column 1 of the Schedule hereto, to accept from any person (about whom a reasonable suspicion exists that he has committed any forest offence other than an offence specified in section 62 or section 63) payment of a sum of money or at their discretion, an undertaking in writing to pay a sum of money, not exceeding that specified in column 2 of the said Schedule, by way of compensation for the offence which such person is suspected to have committed.
Schedule
Forest Officers Maximum sum of money
(1) (2)
1. Conservator of Forests, Divisional Forest Officers and Sub-Divisional Forest Officers. Rs. 500 from each offender in each case.
2. Range Forest Officers. Rs. 10 from each offender in each case.
G. N., R. & F. D., No. FDM. 2164/906069-Z, dated 4th December, 1968 (M. G., Part 4-A, page 8) - In exercise of the powers conferred by section 71 of the Indian Forest Act, 1927 and in supersession of all previous notifications issued in this behalf and in force under this section in any part of the State, the Government of Maharashtra hereby directs that (in lieu of fines prescribed in Government Notification, Home Department, No. CTA. 1353/38593, dated the 18th July, 1955, issued under section 12 of the Cattle-Trespass Act, 1871, in so far as those fines are In force in any part of the State by virtue of the operation of section 161 of the Bombay Village Panchayats Act, 1958 (Bombay III of 1959), there shall be levied in effect from the date of this notification, the following fine for each head of cattle impounded under section 70 of the Indian Forest Act, 1927 for trespassing in any reserved forest in the State of Maharashtra, or in any portion of a protected forest therein which has been lawfully closed to grazing, namely :-
Rs. Ps.
For each elephant 10.00
For each buffalo or camel 2.00
For each horse, mare, gelding, pony, colt, filly, mule, bull or bullock, cow or heifer 1.00
For each calf, ass, pig, ram, ewe, sheep, lamb, goat or kid 0.50
G. N., A. & F. D., No. 5830/79864-J, dated 8th February, 1955 (B. G., Part I, page 670) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), and in supersession of Government Notifications in the Revenue Department and Agriculture and Forests Department specified below, the Government of Bombay is pleased to invest the Forest Officers specified in the Schedule hereto annexed who have completed five years' service as Ranger with the power specified in the said clause, namely, the power to issue a search warrant under the Code of Criminal Procedure, 1898 :-
(1) Revenue Department, No. 4335/39(c) of 1st October, 1942;
(2) Revenue Department, No. 5803 of 31st October, 1947;
(3) Revenue Department, No. 8781/45 of 7th October, 1948;
(4) Revenue Department, No. 8781/45 of 18th March, 1949;
(5) Agriculture and Forests Department, No. 5830/47230-J of 2nd December, 1952;
(6) Agriculture and Forests Department, No. 5830/2015-J of 27th February, 1953;
(7) Agriculture and Forests Department, No. 5830/40566-J of 3rd August, 1953;
(8) Agriculture and Forests Department, No. 5830/64447-J of 18th December, 1953;
Schedule
Northern Circle
[Not printed]
Eastern Circle
1. Range Forest Officer, Jalgaon East Khandesh Forest Division
2. Range Forest Officer, Rover
3. Range Forest Officer, Chopda
4. Range Forest Officer, Yawal
5. Range Forest Officer, Parola
6. Range Forest Officer, Edlabad
7. Range Forest Officer, Jamner
8. Range Forest Officer, Chalisgaon
9. Range Forest Officer, Dhulia West Khandesh Forest Division
10. Range Forest Officer, Nandurbar
11. Range Forest Officer, Nawapur
12. Range Forest Officer, Sakri
13. Range Forest Officer, Pimpalner
14. Range Forest Officer, Taloda North Khandesh Forest Division
15. Range Forest Officer, Shirpur West
16. Range Forest Officer, Mandvi Vyara Forest Division
17. Range Forest Officer, Vyara
18. Range Forest Officer, Tapti
19. Range Forest Officer, Sadadwel
Western Circle
1. Range Forest Officer, Kalwan East Nasik Forest Division
2. Range Forest Officer, Nandgaon
3. Range Forest Officer, Malegaon
4. Range Forest Officer, Baglan
5. Range Forest Officer, Chandor
6. Range Forest Officer, Nasik West Nasik Forest Division
7. Range Forest Officer, Dindori
8. Range Forest Officer, Peint
9. Range Forest Officer, Barhe
10. Range Forest Officer, Harsul
11. Range Forest Officer, Surgana
12. Range Forest Officer, Rajur
13. Range Forest Officer, Akola
14. Range Forest Officer, Shahapur East Thana Forest Division
15. Range Forest Officer, Khardi
16. Range Forest Officer, Igatpuri
17. Range Forest Officer, Dhasai
18. Range Forest Officer, Vihigaon
19. Range Forest Officer, Washala
20. Range Forest Officer, East Vada
21. Range Forest Officer, Gurucharan, Shahapur
22. Range Forest Officer, Bassein West Thana Forest Division
23. Range Forest Officer, Kalyan
24. Range Forest Officer, Bhiwandi
25. Range Forest Officer, Salsette
26. Range Forest Officer, West Murbad West Thana Forest Division
27. Range Forest Officer, East Murbad
28. Range Forest Officer, Mandvi
29. Range Forest Officer, West Wada
30. Range Forest Officer, Gurucharan, West Thana
31. Range Forest Officer, Palaghar North Thana Forest Division
32. Range Forest Officer, Sanjam
33. Range Forest Officer, Kasa
34. Range Forest Officer, Manor
35. Range Forest Officer, Dahisar
36. Range Forest Officer, Jawahar
37. Range Forest Officer, Udhwa
38. Range Forest Officer, Sawa
39. Range Forest Officer, Dahanu
40. Range Forest Officer, Gurucharan, North Thana
Central Circle
1. Range Forest Officer, Alibag Kolaba Forest Division
2. Range Forest Officer, Pen
3. Range Forest Officer, Karjat
4. Range Forest Officer, Roha
5. Range Forest Officer, Panvel
6. Range Forest Officer, Nagothana
7. Range Forest Officer, Sudhagad
8. Range Forest Officer, Dhebewadi Satara Forest Division
9. Range Forest Officer, Karad
10. Range Forest Officer, Sawantwadi
11. Range Forest Officer, Kudal
12. Range Forest Officer, Ajra Kolhapur Forest Division
13. Range Forest Officer, Panhala
14. Range Forest Officer, Bhudargad
15. Range Forest Officer, Dhond Poona Forest Division
16. Range Forest Officer, Poona
17. Range Forest Officer, Bhor
18. Range Forest Officer, Shrivardhan Janjira Forest Sub-Division
19. Range Forest Officer, Mahad
Southern Circle
[Not printed]
G. N., A. & F. D., No. BFS. 2458/174316-J, dated 16th March, 1959 (B. G., Part IV-A, page 444) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the pre-Reorganisation State of Bombay, excluding the transferred territories, the Government of Bombay hereby invests the Range Forest Officers specified in column 1 of the Schedule appended hereto with powers to issue a search warrant under the Code of Criminal Procedure, 1898, within the areas specified against them in column 2 of that Schedule.
Schedule
Name of the Range Forest Officer Area
(1) (2)
[1. The Range Forest Officer, in charge of the Mobile Squad, Nasik Circle who has completed five years service as such and who is approved by the Conservator of Forests, Nasik. Nasik Circle.]
2. The Range Forest Officer, in charge of the Mobile Squad, Bombay Circle, who has completed five years' sendee as such and who is approved by the Conservator of Forests, Bombay. Bombay Circle.
3. [Not printed.]
4. The Range Forest Officer, in charge of the Mobile Squad, Poona Circle, who has completed five years' service as such and who is approved by the Conservator of Forests, Poona. Poona Circle.
G. N., A. & F. D., No. BFS. 2460-4885-II-J, dated 4th July, 1960 (M. G., Part I-N. D.S., page 253). - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the Vidarbha Region of the State of Maharashtra, the Government of Maharashtra hereby invests the Range Forest Officers, specified in column (1) of the Schedule appended hereto, who have completed five years' service as Ranger with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the areas specified against them in column (2) of that Schedule.
Schedule
Nagpur Circle
Name of the Range Forest Officer Area
(1) (2)
(1) Range Forest Officer, South Umrer Nagpur Division
(2) Range Forest Officer, Deolapur "
(3) Range Forest Officer, West Pench "
(4) Range Forest Officer, Ramtek "
(5) Range Forest Officer, Kondhali "
(6) Range Forest Officer, North Umrer "
(7) Range Forest Officer, Arvi Wardha Division
(8) Range Forest Officer, Hingni "
G. N., A. & F. D., No. IFS. 1060/VI/2912-J, dated 3rd April, 1961 (M. G., Part IV-A, page 389) - In exercise of the powers conferred by clause (c) of sub-section (I) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, the Government of Maharashtra hereby invests the Range Forest Officers specified in column 1 of the Schedule appended hereto, who have completed five years' service as Rangers with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the areas specified against them in column 2 of the Schedule.
Schedule
Nasik Circle
Name of the Range Forest Officer Area
(1) (2)
1. Range Forest Officer, Chinchpada West Dhulia Forest Division.
2. Range Forest Officer, Shahada North Dhulia Forest Division.
3. Range Forest Officer, Sangvi "
4. Range Forest Officer, Shirpur West Chanda Division.
5. Range Forest Officer, Mul "
6. Range Forest Officer, Chanda "
7. Range Forest Officer, Warora "
8. Range Forest Officer, Brahmapuri "
G. N., A. & F. D., No. IFA. 1161-15949-II-J, dated 3rd January, 1962 (M. G., Part I-N. D.S., page 15) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, the Government of Maharashtra hereby invests the Forest Officers specified in column (1) of the Schedule appended hereto, who have completed five years' sendee as Ranger with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the areas specified against them in column (2) of that Schedule.
Schedule
Chanda Circle
Name of the Forest Officer Area
(1) (2)
1. Range Forest Officer, Ghot Central Chanda A Division.
2. Range Forest Officer, Ettapalli "
3. Depot Officer, Ballarshah "
G. N., R. & F. D., No. IFA. 1164/60560-Z, dated 12th October, 1964 (M. G., Part IV-A, page 710) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, the Government of Maharashtra hereby invests each of the Range Forest Officers specified in column (1) of the Schedule appended hereto who has completed five years' service as a Ranger with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the area respectively specified against him in column (2) of that Schedule.
Schedule
Nagpur Circle
Designation of the Post Division
(1) (2)
(1) Range Forest Officer, Pratapgarh Range Gondia Division.
(2) Range Forest Officer, Gondia Range
(3) Range Forest Officer, Rajoli Range
G. N., R. & F. D., No. IFA. 1163/15473-II-Z, dated 26th July, 1965 (M. G., Part IV-A, page 932) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, and in supersession of Government Notification in the Agriculture and Forests Department, No. BFS. 2458/74316-J, dated the 16th March, 1959, in so far as it relates to the Range Forest Officer, in charge of the Mobile Squad, Nasik Circle, the Government of Maharashtra hereby invests each of the Range Forest Officers in charge of the Mobile Squads at Nasik and Dhulia who has completed five years' service as a Ranger and who is approved by the Conservator of Forests, Nasik, with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the area of the Nasik Circle.
G. N., R. & F. D., No. IFA. 1165/230446-Z, dated 27th May, 1966 (M. G., Part IV-A, page 440) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, the Government of Maharashtra hereby invest the Range Forest Officer in charge of the Mobile Squad at Jalgaon who has completed five years' service as a Ranger and who is approved by the Conservator of Forests, Nasik, with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the area of Nasik Circle.
G. N., R. & F. D., No. IFA. 1066/100032-Z, dated 23rd March, 1968 (M. G., Part IV-A, page 120) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, the Government of Maharashtra hereby invests each of the Range Forest Officers in charge of the Mobile Squad at Chanda Circle who has completed five years' service as a Ranger and who is approved by Conservator of Forests, Chanda Circle, with power to issue a search warrant under the Code of Criminal Procedure, 1898, within the area of the Chanda Circle.
G. N., R. & F. D., No. IFA. 1167/152167-Z, dated 23rd December, 1969 (M. G., Part IV-A, page 4) - In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), in its application to the State of Maharashtra, and in supersession of Government Notification, Agriculture and Forests Department, No. 5830/79884-J, dated 8th February, 1955, in so far as it relates to the Range Forest Officers in the East Khandesh Forest Division, the Government of Maharashtra hereby invests each of the Range Forest Officers specified in column 1 of the Schedule hereto (being Forest Officers who have completed five years' of service as Rangers) with powers to issue a search warrant under the Code of Criminal Procedure, 1898 (V of 1898), within the area respectively specified against him in column 2 of that Schedule.
Schedule
Name of the Forest Officer Area
(1) (2)
1. Range Forest Officer, Vadoda Jalgaon Forest Division.
2. Range Forest Officer, Chopda
3. Range Forest Officer, Dcozari Yawal Forest Division.
4. Range Forest Officer, Haripura
5. Range Forest Officer, Usmali
6. Range Forest Officer, Mohomandali
7. Range Forest Officer, Pal
G. N., R. & F. D., No. IFA. 1967/30647-Z, dated 2nd July, 1969 (M. G., Part IV-A, page 284) - In exercise of the powers conferred by sub-section (2) of section 85 of the Indian Forest Act, 1927 (XVI of 1927), and in supersession of all the previous notifications issued in this behalf, the Government of Maharashtra hereby -
(1) authorizes the Divisional Forest Officer and Sub-Divisional Forest Officers in charge of independent Sub-Divisions for deciding the questions referred to in sub-section (2) of the said section 85; and
(2) appoints, where the amount or value of the subject matter of the bond or instrument exceed one lakh rupees (Rs. 1,00,000), the Chief Conservator of Forests, Maharashtra State, Poona, and in all other cases the Conservator of Forests in charge of a Circle, to be the appellate authority for the purpose of sub-section (2) of the said section 85.
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