Section 36:
Power to assume management of forests.
(1) In case of neglect of, or willful disobedience to,
any regulation or prohibition under section 35, or if the purposes of any work to be constructed under that
section so require, the1[State Government] may, after notice in writing to the owner of such forest or land
and after considering his objections, if any, place the same under the control of a Forest-officer, and may
declare that all or any of the provisions of this Act relating to reserved forests shall apply to such forest or
land.
(2) The net profits, if any, arising from the management of such forest or land shall be paid to the said
owner. STATE AMENDMENT
Maharashtra.--
Insertion of new sections 36-A, 36-B, and 36-C in Act XVI of 1927.--After section 36 of the said Act,
the following new sections shall be inserted, namely:--
"36-A. Manner of serving notice and order under section 36.--The notice referred to in
sub-section (1) of section 36 and the order, if any, made placing a forest under the control of a Forest
officer shall be served on the owner of such forest in the manner provided in the Code of Civil
Procedure, 1908 (V of 1908), for the service of summons.
36-B. Period of control.--(1) The period of such control of any forest shall be for ten years from
the date of the order aforesaid ; but such period may thereafter by extended for successive periods of
not more than years each:
Provided that the period of such control shall not in the aggregate exceed 30 years from the date
of the order.
(2) The forest officer, under whose control the forest is placed, shall, not later than six months
before the expiry of any period referred to in sub-section (1) make a report regarding such control and
shall state therein whether in his opinion, any period of control should be extended.decide whether to extend any period of control or whether to terminate it in the manner provided in
the next succeeding section.
(4) No period of control shall be extended unless the owner has been given reasonable
opportunity of showing cause against such extension.
36-C. Termination of control.--(1) If the State Government decides to terminate any period of
control of any forest, if shall, by order published in the Official Gazette and in such other manner as
may be prescribed by rules, so declare ; and thereupon possession of the forest shall be given to the
owner, or if the owner be dead, to any person entitled to such possession, together with any sum of
money which may be standing to the credit of such owner;
(2) All acts done or purported to be done by the Forest-officer in respect of any forest placed
under his control, during the period of such control or of any extension thereof, shall be binding on
the owner of such forest or any person to whom possession of the forest has been delivered under
this section." [Vide Bombay Act XXIV of 1955, s. 5]
Notes:
1. Subs. by the A.O. 1950, for "Provincial Government".