40. Concession of [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] rights to trees in case of settlements completed before the passing of this Act.
- In villages, or portions of villages, of which the original survey settlement has been completed before the passing of this Act, the right of [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] to all trees in unalienated land, except trees reserved by [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] or by any survey office, whether by express order made at or about the time of such settlement, or under any rule, or general order in force at the time of such settlement, or by notification made and published at or at any time after, such settlement, shall be deemed to have been, conceded to the occupant. But in the case of settlement completed before the passing of [Bombay Act I of 1865] [Bombay I of 1865 (except sections 37 and 38) is repealed by section 2 of this Act. Which has been repealed by Bombay 4 of 1913, section 5.] this provision shall not apply to teak, black-wood or sandal-wood trees. The right of [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] to such trees shall not be deemed to have been conceded, except by clear and express words to that effect.Concession of [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 195.] rights to trees in case of settlements completed after the passing of this Act. - ln the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act, the right of [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] to all trees in unalienated land shall be deemed to be conceded to the occupant of such land except in so far as any such rights may be reserved by [the [Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]], or by any survey officer on behalf of [the [Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]], either expressly at or about the time of such settlement, or generally by notification made and published at any time previous to the completion of the survey settlement of the district in which such village or portion of a village is situate.Concession of [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 195.] rights to trees in case of land taken up after completion of settlement. - When permission to occupy land has been, or shall hereafter be, granted after the completion of the survey settlement of the village or portion of a village in which such land is situate the said permission shall be deemed, to include the concession of the right of [the Government] [The words 'the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permission, or which may not have been reserved, under any of the foregoing provisions of this section, at or about the time of the original survey settlement of the said village or portion of a village.[Explanation. [This explanation was added and was deemed always to have been added by Bombay 3 of 1960, section 2.] - In the second paragraph of this section, the expression "In the case of villages or portions of villages of which the original survey settlement shall be completed after the passing of this Act" shall include cases where the work of the original survey settlement referred to therein was undertaken before the passing of this Act as well as cases where the work of an original survey settlement may be undertaken at any time after the passing of this Act.]
