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State of Himachal Pradesh - Section

Section 44 in Himachal Pradesh Private Forests Act, 1954

44. Payment of allowances for, and net profits of Controlled Forest to landlord.

(1)The State Government shall during the period of its control and management of any Controlled Forest pay, at prescribed intervals, to the landlord of the area comprising -I. Forest. - (a) an allowance calculated on the total area of the forest as determined by the Forest Officer at the rate of four annas per acre per annum or such higher rate not exceeding eight annas per acre per annum as the Forest Officer may, from time to time, by general or special order, determine; and
(b)the net profits, if any, accruing for the working and management of the forest will be paid to the owner, after deducting ten per cent, as the cost of management.
II. Wasteland - (a) no allowance will be paid;
(b)when all expenses incurred by the State Government for the afforestation of any such land have been recouped, the profits resulting from such afforestation shall, during the period the control of such land remains vested in a Forest Officer be paid to the owner after deducting ten per cent as the cost of management.
(2)For the purpose of calculating the net profits, the total expenditure incurred on the working and management of the Forest shall be adjusted against the total income from the working and management up to the date of account and the amount of any deficit shall be carried forward without interest from year to year till such amount is made up and surplus is effected.
(3)For the purposes of sub-section (2)-
(a)the total expenditure shall include the allowance paid to the landlord concerned under clause (a) of sub-section (1) and any sum determined as compensation under sub-section (1) of section 31 or the value of anything taken from the forest under sub-section (3) of that section; and
(b)the total income shall include the proceeds of confiscation or forfeiture for forest offences not committed by the landlord in respect of the forest or the forest produce thereof after deducting from such proceeds-
(i)the rewards, if any, paid to informers and officers out of such proceeds, and
(ii)such incidented expenses as may be fixed by the Forest Officer including that incurred for the storage, transport and sale of the articles or forest produce forfeited or confiscated.