Section 11 in The West Bengal Private Forests Act, 1948.
11. Afforestation of other land.
(1)If it appears from the report of a Regional Forest-officer that any waste-land which is lying uncultivated for not less than three years is suitable for afforestation and that the owner of such land is unwilling or unable to cultivate it by growing therein agricultural crops, or to use it for the purposes of horticulture to the satisfaction of such officer or to afforest it, 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 land shall be vested in a Regional Forest-officer to be specified in the notification for the purpose of afforestation for such period as may be stated in the notification :Provided that the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall not issue any notification under this sub-section without considering whether or not such land can more advantageously be used for the purposes of agriculture or horticulture than for the purpose of afforestation:Provided further that no such notification shall be published until a notice has been issued by such Regional Forest-officer calling upon the owner of such land and any other person interested therein to show cause before the Appellate Committee within such period as may be specified in the notice why the notification should not be published and until the cause, if any, shown and any evidence that may have been produced in support of the same before the Appellate Committee and the opinion of the Appellate Committee thereon have been considered by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.(2)Any land in respect of which a notification has been published under sub-section (7) shall be deemed to be a vested forest for the purposes of this Act.(3)When all expenses incurred by the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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 Regional Forest-officer, be divided in equal shares between the [State] [Word substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government and the owner of the land.
