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State of West Bengal - Section

Section 35 in The West Bengal Private Forests Act, 1948.

35. Notice to claimants of seized forest-produce.

(1)If a Regional Forest-officer has not caused information to be given to a Magistrate under section 34 in respect of any forest-produce seized under sub-section (1) of section 32, he shall, if there is any doubt as to the person who is entitled to such produce, cause a notice to be published in such manner as may be prescribed containing a description of such produce and requiring any person who may claim the same to present a written statement of his claim to him within such period as may be specified in such notice.
(2)If only one such statement of claim is presented in respect of any such forest-produce, the Regional Forest-officer shall, after making such inquiry as he thinks fit and recording his reasons in writing, either reject the claim or deliver the produce to the claimant.
(3)If more than one such statement of claim is presented, the Regional Forest-officer may, after making such inquiry as he thinks fit and after recording his reasons in writing, either deliver the forest-produce to such of the persons as he considers to be entitled thereto or refer the claimants to the Civil Court and retain such produce pending receipt of an order from the Civil Court for its disposal.
(4)Any person whose claim has been rejected under this section may, within three months from the date of rejection of such claim, institute a suit to recover possession of the forest-produce claimed by him; but no person shall be entitled to recover any compensation or costs against the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, or against any Forest-officer, on account of rejection of such claim, or on account of the detention or removal of any forest-produce, or the delivery thereof to any other person under this section.
(5)No such forest-produce shall be subject to any process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been instituted as provided in this section.