Section 6 in The West Bengal Private Forests Act, 1948.
6. Penalty for the violation of working plan.
(1)If after an approved working plan in respect of any private forest has been sent under sub-section (2) of section 4 to the owner of such forest, such owner fails or neglects to carry out any of the terms and conditions of such plan, [or fells or causes to be felled or removes or causes to be removed from such forest any tree or trees in contravention of any of such terms and conditions,] [Words inserted by W.B. Act 20 of 1954.] he shall be punishable [with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both] [Words substituted for the words 'with fine which may extend to five hundred rupees' by W.B. Act 20 of 1954.]:Provided that [, except where the owner has felled or caused to be felled or removed or caused to be removed from such forest any tree or trees in contravention of any of the terms and conditions of the approved working plan,] [Words inserted by W.B. Act 20 of 1954.] no prosecution shall be instituted under this sub-section unless the Regional Forest-officer has served in the prescribed manner a notice on such owner specifying the terms and conditions of the working plan which such owner has failed or neglected to carry out and requiring such owner to take such steps for carrying them out as are specified in the notice within thirty days from the date of service of such notice and unless such owner has failed to comply with such notice.(2)If the owner of a private forest is convicted a second or subsequent time under sub-section (1) for the failure or neglect to carry out any of the terms and conditions of the working plan in respect of such forest [or for felling or causing to be felled or removing or causing to be removed from such forest any tree or trees in contravention of any of such terms and conditions] [Words inserted by W.B. Act 20 of 1954.], the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by a notification, direct that the control of such forest shall be vested in such Regional Forest-officer for such period as may be specified in such notification:Provided that no such notification shall be issued until such owner has been called upon by notice in writing by the Regional Forest-officer within sixty days of such conviction to show cause before the Appellate Committee within such time as may be specified in the notice as to why such notification should not be issued and until the Appellate Committee, after considering the cause, if any, shown by him and any evidence which he may produce in support thereof, has recommended to the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government that such notification should be issued.(3)Nothing in sub-section (1) shall render any owner, of any private forest liable to conviction for any deviation from any approved working plan if such deviation has been previously sanctioned by the Regional Forest-officer on application made by such owner in that behalf to such officer or by the Appellate Committee on an appeal from an order of the Regional Forest-officer refusing to sanction such deviation presented by the owner to such committee within thirty days from the date of such order.
