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[Cites 0, Cited by 186] [Entire Act]

Union of India - Section

Section 20 in Indian Forest Act, 1927

20. Notification declaring forest reserved.

(1)When the following events have occurred, namely:
(a)the period fixed under section 6 for preferring claims has elapsed, and all claims, if any, made under that section or section 9 have been disposed of by the Forest Settlement Officer;
(b)if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate Officer or Court; and
(c)all lands (if any) to be included in the proposed forest, which the Forest Settlement Officer has, under section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under section 16 of that Act, the [State Government] [Substituted by A.O.1950, for "Provincial Government".] shall publish a notification in the Official Gazette,
specifying definitely, according to boundary marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved, from a date fixed by the notification.
(2)From the date so fixed such forest shall be deemed to be a reserved forest.
[Maharashtra].- In its application to the State of Maharashtra, in Section 20(1), after the words the State Government, insert or subject to the general or special orders of the State Government, the Commissioner.Maharashtra Act 8 of 1958, Section 3 read with Maharashtra Gazette, Ext., Pt. IV-B, p. 1916, dated 21-10-1981.[Uttar Pradesh].- In its application to the State of Uttar Pradesh, for Cl. (b) of sub-S. (1) of Section 20, substitute the following clause, namely:(b) if any such claims have been made, the period limited by section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed by the District Judge; and.U.P. Act 23 of 1965, Section 8 (w.e.f. 23-11-1965).
Section 20-A
[Madhya Pradesh].- In its application to the State of Madhya Pradesh, after Section 20, insert the following new section, namely:20-A. Forest-land or waste-land deemed to be reserved forests.(1) Notwithstanding anything contained in this Act or any other law for the time being in force, any forest-land or waste-land in the territories comprised within an Indian State, immediately before the date of its merger in any of the integrating States now forming part of this State (hereinafter in this section referred to as the merged territories),(i) which had been recognised by the Ruler of any such State immediately before the date of merger as a reserved forest in pursuance of any law, custom, rule, regulation, order or notification for the time being in force; or(ii) which had been dealt with as such in any administration report or in accordance with any working plan, or register maintained or acted upon immediately before the said date and has been continued to be so dealt with thereafter, shall, be deemed to be reserved forests for the purposes of this Act.(2) In the absence of any rule, order or notification under this Act applicable to the area in question, any law, custom, rule, regulation, order or notification mentioned in sub-section (1) shall, anything in any law to the contrary notwithstanding, be deemed to be validly in force, as if the same had the force and effect of rules, orders and notifications made under the provisions of this Act and shall continue to so remain in force until superseded, altered or modified in accordance therewith.(3) No report, working plan, or register as aforesaid or any entry therein shall be questioned in any Court of law; provided that the State Government have duly certified that such report, working plan, or register had been prepared under the authority of the said Ruler before the date of the merger and has been under the authority of the State Government continued to be recognised, maintained or acted upon thereafter.(4) Forest recognised in the merged territories as village forests or protected forests, or forests other than reserved forests, by whatever name designated or locally known, shall be deemed to be protected forests within the meaning of this Act and provisions of sub-sections (2) and (3) shallmutatis mutandisapply.Explanation I.Working plan includes any plan, scheme, project, maps, drawings and layouts prepared for the purpose of carrying out the operations in course of the working and management of forests.Explanation II.Ruler includes the Darbar administration prior to the date of the merger and State Government includes the successor Government after the said date.Explanation III.The expression Indian State shall have the meaning assigned to that expression in clause (15) of Article 366 of the Constitution of India.Explanation IV.Integrating States means the States of Madhya Pradesh, Madhya Bharat, Rajasthan, Vindhya Pradesh and Bhopal as existing before the 1st day of November, 1956.M.P. Act 9 of 1965, Section 3 (w.e.f. 20-3-1965).[Uttar Pradesh].- In its application to the State of Uttar Pradesh, after Section 20, insert the following new section, namely:20-A. Certain forest-land or waste-land when deemed to be reserved forest.(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, including the Merged States (Laws) Act, 1949 or the Uttar Pradesh Merged States (Application of Laws) Act, 1950, or any order issued thereunder, any forest-land or waste-land in a merged State which immediately before the date of merger (hereinafter in this section referred to as the said date),(a) was deemed to be a reserved forest under any enactment in force in that State, or(b) was recognised or declared by the Ruler of such State as a reserved forest under any law (including any enactment, rule, regulation, order, notification, custom or usage having the force of law) for the time being in force, or(c) was dealt with a reserved forest in any administrative report or in accordance with any working plan or register maintained and acted upon under the authority of the Ruler, shall be deemed to be and since the said date to have continued to be a reserved forest subject to the same rights or concession, if any, in favour of any person as were in force immediately before the said date.Explanation I.A certificate of the State Government or of any officer authorised in this behalf to the effect that a report, working plan or register was maintained and acted upon under the authority of the Ruler shall be conclusive evidence of the fact that it was so maintained and acted upon.Explanation II.Any question as to the existence or extent of any right or concession referred to in this sub-section shall be determined by the State Government, whose decision, given after such enquiry, if any, as it thinks fit, shall be final.Explanation III.Working plan includes any, plan scheme, project, map, drawings, and lay-outs prepared for the purpose of carrying out the operations in course of the working and management of forests.(2) No right shall be deemed to have been acquired on or after the said date in or over any land mentioned in sub-section (1) except by succession or under a grant or contract in writing made or entered into by or on behalf of the State Government or some person in whom such right was vested immediately before the said date and no fresh clearings since made for cultivation or for any other purpose (except clearings made in accordance with any concessions granted by the Ruler and in force immediately before the said date or in accordance with the rules made by the State Government in this behalf since the said date) shall be recognised as or deemed to be lawful, anything contained in this Act or any other law for the time being in force notwithstanding.(3) The State Government may within five years from the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, revise any arrangement of the nature specified in section 22, and pass any incidental or consequential order, including any direction to the effect that any of the proceedings specified in the foregoing provisions of this Chapter be taken.(4) In relation to any land mentioned in sub-section (1), the reference in sections 24 and 26(a) to section 23 shall be construed as references to sub-section (2); and(b) to rights admitted, recorded or continued under section 14 or section 15 shall be construed as references to rights of pasture or to forest-produce admitted, recorded or continued in or under the corresponding enactment, law or document referred to in sub-section (1).(5) Without prejudice to any action that may be or may have been taken for ejectment, vacation of encroachment or recovery of damages in respect of any unauthorised occupation of or trespass over any land mentioned in sub-section (1), or for seizure, confiscation, disposal or release (on payment of value or otherwise) of any forest-produce in respect of which any forest offence has been committed in relation to such land or of any tools, boats, carts or cattle used in committing such offence, nothing in this section shall be deemed to authorise the conviction of any person for any act done before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, which was not an offence before such commencement.U.P. Act 23 of 1965, Section 9 (w.e.f. 23-11-1965).