THE INDIAN FOREST (BOMBAY AMENDMENT) ACT, 1948
(Bombay Act No. 62 of 1948)
[Dated 4th December, 1948]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1948, Part V, page 385.
An Act to amend the Indian Forest Act, 1927, in its application to the Province of Bombay.
Whereas it is expedient to amend the Indian Forest Act, 1927, in its application, to the Province of Bombay, for the purpose hereinafter appearing; It is hereby enacted as follows:-
1. Short title. - This Act may be called the Indian Forest (Bombay Amendment) Act, 1948.
2. Amendment of section 28 of Act XVI of 1927. - In section 28 of the Indian Forest Act, 1927 (hereinafter called the said Act,-
(i) in sub-section (1), after the words "reserved forest" the words "or called a protected forest" shall be inserted; and
(ii) in sub-section (3),-
(a) after the word "reserved" the words "or protected" shall be inserted; and
(b) after the words "village forests" the words "according as the forests assigned are reserved or protected forests" shall be inserted.
3. Insertion of new section 34A in, and amendment of section 35 of Act XVI of 1927. - (1) For sub-section (1) of section 35 of the said Act, the following shall be substituted, namely :-
"34A. Interpretation. - For the purposes of this Chapter 'forest' includes any land containing trees and shrubs, pasture lands and any other land whatsoever which the Provincial Government may, by notification in the Official Gazette, declare to be a forest.
35. (1) The Provincial Government may, by notification in the Official Gazette, -
(i) regulate or prohibit in any forest -
(a) the breaking up or clearing of the land for cultivation;
(b) the pasturing of cattle;
(c) the firing or clearing of the vegetation;
(d) the girdling, tapping or burning of any tree or the stripping off the bark or leaves from any tree;
(e) the lopping and pollarding of trees;
(f) the cutting, sawing, conversion and removal of trees and timber; or
(g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of any forest produce or its subjection to any manufacturing process;
(ii) regulate in any forest the regeneration of forests and their protection from fire;
when such regulation or prohibition appears necessary for any of the following purposes :
(a) for the conservation of trees and forests;
(b) for the preservation and improvement of soil or the reclamation of saline or water-logged land, the prevention of land-slips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel;
(c) for the improvement of grazing:
(d) for the maintenance of a water supply in springs, rivers and tanks;
(e) for the maintenance increase and distribution of the supply of fodder, leaf manure, timber or fuel;
(f) for the maintenance of reservoirs or irrigation works and hydro-electric works;
(g) for protection against storms, winds, rolling stones, floods and drought;
(h) for the protection of roads, bridges, railways and other lines of communication; and
(i) for the preservation of the public health."
(2) In sub-section (2) of section 35 of the said Act for the words "in or upon any forest or waste land" the words "in any forest" shall be substituted.
(3) In sub-section (3) of section 35 of the said Act the words "or land" shall be deleted.
4. Amendment of section 36 of Act XVI of 1927. - In section 36 of the said Act-
(i) the words "or land" wherever they occur shall be deleted;
(ii) in sub-section (1), after the word "reserved" the words "or protected" shall be inserted.
5. Amendment of section 37 of Act XVI of 1927. - In section 37 of the said Act-
(i) in sub-section (1) the words "or land" shall be deleted;
(ii) sub-section (2) shall be deleted.
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