THE MAHARASHTRA SALE OF TREES BY OCCUPANTS BELONGING TO SCHEDULED TRIBES (REGULATION) ACT, 1969

An Act to regulate the disposal of trees standing in the holdings of persons belonging to Scheduled Tribes in the State of Maharashtra.

Whereas, it is necessary to regulate the disposal of trees standing in the holdings of persons belonging to Scheduled Tribes in the State of Maharashtra and to provide for matters connected therewith; It is hereby enacted in the Twentieth Year of the Republic of India as follows :-

SECTION 01: SHORT TITLE AND COMMENCEMENT

(1) This Act may be called the Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes Regulation) Act, 1969.

(2) It shall be deemed to have come into force on the 3rd day of March 1969

SECTION 02: DEFINITIONS

(1) In the Act, unless the context otherwise

(a) “appointed day” means the 3rd day of March 1969;

(b) “Code” means the Maharashtra Land Revenue Code, 1966;

(c) “Collector” includes a revenue officer not below the rank of a Tahsildar specially empowered by the State Government to perform the functions of a Collector under this Act,

4[(ca) “Conservator of forest” means the Conservator of Forest of the Concerned Circle”}

(d) “Forest Officer” means Forest Officer within the meaning of the Indian Forest Act, 1927,

1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1969, Part V. Extra., page 132.

2. Mah. Ord. XV of 1974, was repealed by 31 of 1974, s. 7.

3. This indicates the date of commencement of the Act.

4. Inserted by Mah. l of 1996 S. 2.

(e) “Occupant’ means an occupant belonging to a Scheduled- Tribe,

(f) “prescribed” means prescribed by rules,

(g) “revenue officer” means a revenue officer within the mea of the Code,

(h) “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;

1[(i) “trees” means any trees in the holding of an occupant]

(2) Words and expressions used, but not defined in this Act, shall have the meanings respectively assigned to them in the Code.

SECTION 03: PROHIBITION

(1) No occupant shall, after the appointed day, sell any trees in his holding except with the 2(* *            *) assistance of the Collector as hereinafter provided

(2) Any sale of trees made in contravention of the provisions of sub-section (1) shall be invalid, and no person shall fell any trees in pursuance of any sale of trees which is invalid

3(*       *          *)

4(*       *          *)

SECTION 06: 6SALES OF TREES THROUGH FOREST OFFICERS 7 * *] (1) Any occupant, who on and after the commencement of the Maharashtra

Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) (Amendment) Act, 1974, intends to sell any trees in his holding, shall make an application to the Collector for assistance for the sale of the trees. Such application shall be in the prescribed form, and shall be accompanied by a certified copy of the permission, if any, granted under section 3 of the Maharashtra Felling of Trees (Regulation) Act, 1964, and where such permission is deemed to have been granted under sub-section (1 C) of section 3 of that Act, the application shall state such fact therein.

1. This clause was substituted for the original by Mah. 31 of 1974, S. 2.

2. The words “permission or” were deleted, ibid., s.3.

3. Sec. 4 was deleted by Mah. 16 of 1991 w.e.f. 14-2-1991.

4. Section 5 was deleted by Mah. 31 of 1974, 5. 4.

5. Ramchandra Vishnu Tendulkar v. State, 1993(2) Mah. L.R. 162.

6.Section 6 was substituted for the original by Mah. 3i of 1974, s. 5.

7.The words “or by auction” were deleted by Mah. 6 of i996 S. 3(4).

(2) On receipt of an application under sub-section (1), the Collector shall, after hearing the applicant and making such inquiry as he may deem fit, decide whether the assistance sought for should be granted 1[or not] for sale of the trees through a Forest Officer 2[* *

(3) If the Collector decides to grant such assistance, the Collector shall arrange for the sale of the trees in such manner as the State Government may by order direct (including provision in such direction for confirmation of such sales and the circumstances in which deposits made at sales may be forfeited) through a forest officer who is duly authorised by the State Government in this behalf, so as to secure the maximum price for such trees

3[(4) **]

4[(5) Payment of advance amount prior to the sale of trees and the payment of the proceeds of the sale shall be made by the Collector in the following manner namely,

(a) Twenty percent of net estimated value of the trees to be sold shall be paid within thirty days from the date of the decision for grant of assistance for the sale of trees under sub-section (2);

(b) Thirty percent of the net estimated value of the trees to be sold shall be paid within thirty days from the date of transportation of the felled trees to the sales depot;

(c) The proceeds of the sale, after deducting the amount paid under Clauses (a) and (b), the expenses of the sale and other expenses as have been incurred, shall be paid within one hundred and twenty days from the date of transportation of the felled trees to the sales depot]

1. The words ‘or not” inserted by Mah. 6 of 1996 S. 3(i)(a).

2. These words were deleted by Ibid. S. 3 1(b).

3. Sub-sec. (4) deleted by ibid.

4. Sub-section (5) was substituted Ibid. S. 3(3).

SECTION 07: APPEAL

Every person aggrieved by an order or decision of the Collector under this Act may, within thirty days of the receipt of such order, appeal to such authority as may be prescribed in this behalf. Subject to such rules of procedure as may be prescribed, the appellate authority may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as it thinks just and proper.

SECTION 07A: 1REVISION

The State Government or the Conservator of Forests may, suo motu or on an application made to it an aggrieved person, for the purpose of satisfying itself or himself to the legality or propriety of any decision or order passed by, or as to the regularity of the proceedings, of the Collector or any Forest Officer call for and examine the record of any inquiry or proceed of any case pending before or disposed of by such Collector Or Forest Officer

Provided that no such record shall be called for the State Government or the Conservator of Forest, if the application is ma& within six months from the date of receipt, by the applicant, of the decision or order sought to be revised.

(2) If, in any case, it shall appear to the State Government or the 3[Conservation of forest] that any decision or order or proceedings so called for should be modified, annulled or reversed, it or he may such order thereon as it or he thinks fit

Provided that the State Government or the 3[Conservation of forest] shall not pass any order under this section which adversely affects any person, unless such person has been given a reasonable opportunity of being heard.]

SECTION 07B: 4POWER TO TRANSFER PROCEEDINGS –

The State Government may by general or special order, withdraw any applications, appeal or other proceedings under this Act pending before any officer or authority and transfer the same for disposal to any other officer or authority as the case may be, having jurisdiction.]

1. Section 7A was inserted by Mah. 311974. s. 6

2. Sub-sec. (1) of Sec. 7A was sub by Mah. 6 of 1996 S. 4(1).

3. For the word “Commissioner” the words ‘Conservator of forest’ were sub by Mah. 6 of 1996: S. 4(2).

4. Section 7B was inserted by Mah. 42 of 1981 S. 3.

SECTION 08: PENALTY.

(1) Any person, who fells any trees in any holding or removes them there from in pursuance of any sale which is invalid under section 3, 1[* *] shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, and trees felled, if any, in contravention of this Act may be confiscated by order of the court.

(2) The Magistrate may order that the whole or any part of the fine so imposed may be paid to the occupant as compensation.

SECTION 09: OFFICERS TO BE PUBLIC SERVANTS.

The officers exercising the powers or discharging any duties or functions under this Act shall be deemed to be public servants within the meaning of section 21 of the ‘Indian Penal Code’.

SECTION 10: EXECUTION OF ORDER FOR PAYMENT OF MONEY.

Any sum the payment of which has been directed by the Collector under this Act may be recoverable from the person ordered to pay the same as an arrear of land revenue.

SECTION 11: BAR OF PROCEEDINGS.

No suit or proceedings shall lie against the State Government or against any person empowered to exercise the powers or to perform the duties or to discharge the functions under this Act for anything in good faith done or purported to be done by or under this Act.

SECTION 12: PROVISIONS OF THIS ACT TO BE IN ADDITION TO ANY OTHER LAW FOR TIME BEING IN FORCE.

The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force prohibiting or regulating the felling of trees.

SECTION 13: POWER TO MAKE RULES:

(1) The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying into effect the purposes of this Act.

(2) Every rule made under this section shall be laid, as soon as may be, after it is made, before each house of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall, from the date of such notification have effect only in such modified form or be of no effect, as the case may; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

SECTION 14: REPEAL OF MAH ORD V OF 1969 AND SAVING.

(1) The Maharashtra Sale of Trees by Occupants belonging to Scheduled

Tribes (Regulation) Ordinance, 1969, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken (including any rules made) under the said Ordinance shall be deemed to have been done or taken under this Act

1. These words were deleted by Mah. 16 of 1991 s. 3 w.e.f. 14-2-1991.