Indian Forest (Maharashtra Second Amendment) Act, 1984
(Maharashtra Act No. 23 of 1984)
mh779
Object & Reasons6 |
(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. |
|
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 |
(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) |
|
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. |
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 |
" |
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 |
" |
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 |
" |
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 |
|
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 |
|
(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.