A Bill to endow the ownership rights of Minor Forest Produce to the Gram Sabhas. Be it enacted by the Madhya Pradesh Legislature in the Fiftieth Year of the Republic of India as follows :-

1. Short title, extent, and commencement

(1) This Act may be called the Madhya Pradesh Laghu Van Upaj (Gram Sabha Ko Swamitwa Ka Sandan) Adhiniyam, 1999.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may by notification, appoint and different dates may be appointed for different areas.

2. Definitions :- In this Act, unless the context otherwise requires,

(a) "Forest Officer" means a forest officer as defined in clause (2) of Section 2 of the Indian Forest Act, 1927(No. 16 of 1927). .
(b) "Forest produce" means the forest produce as defined in clause (4) of Section 2 of the Indian Forest Act, 1927 (No. 16 of 1927).
(c) "Minor Forest produce" means that non-timber forest produce which can be harvested on non-destructive basis, but this shall not include minerals and wild animals or their derivatives
(d) "Panchayat" means a Panchayat as defined in clause (xvii) of section 2 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994)
(e) "Panchayat area" means the territorial area of a Panchayat as defined under Madhya Pradesh
Panchayat Raj Adhiniyam, 1993 (No.1 of 1994) but shall not include National parks and Sanctuaries.
(t) "Gram Sabha" means a gram sabha as defined under clause (viii) of section 2 of the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (No.1 of 1994).

3. Endowment of ownership of minor forest produce :-

The Panchayats at the appropriate level and the Gram Sabhas are endowed with the ownership of minor forest produce found on public land in the Gram Sabha area in conformity with the following principles

(a) Harvesting of minor forest produce will be on non-destructive and sustainable basis.
(b) The members of the Gram Sabhas will be free to collect minor forest produce for their own consumption.
(c) The manner, frequency and intensity of minor forest produce collection for any use other than bonafide domestic use by the members of the Gram Sabhas will be in accordance with the prescriptions of a management plan prepared by Zila Panchayat in conformity with the guidelines as may be notified from time to time.

4. Harvesting and Trade :-

(a) Notwithstanding anything contained in section 3, in the collective interests of Gram Sabhas or the gatherers of the minor forest produce, the State Government may by notification, direct that harvesting and trade of any minor forest produce in the areas notified by the state Government from time to time shall be done by Co-operative Societies which are members of the Madhya Pradesh State Minor Forest Produce (Trading and Development) Cooperative Federation Ltd., Bhopal in accordance with the provisions of the Madhya Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 (No. 29 of 1964) and the Madhya Pradesh Vail Upaj (Vyapar Viniyaman) Adhiniyam, 1969 (No.9 of 1964).

(b) The net profit if any, from the said harvesting and trade shall be distributed among the gatherers, invested in regeneration and development of forests and for infrastructure development in the Gram Sabha area in such proportion and in such manner as may be notified by the State Government from time to time.

5. Search and Seizure of property liable to confiscation and procedure there for :-

(1) Any Forest officer or Police officer not below the rank of Assistant Sub-Inspector or any person authorised by the state Government may, with a view to securing compliance with the provisions of this Act or the rules made there under or to satisfying himself that the said provisions have been complied with-

(i) Stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of minor forest produce;
(ii) Enter and search any place;

(2) When there is reason to believe that the provisions of section-3 have been violated in respect of any minor forest produce, such produce together with all tools, boats, vehicles, ropes, chains or any other article used in such violation, may be seized by any Forest officer or Police officer.

(3) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be either produce the property seized before an officer not below the rank an Assistant Conservator of Forests authorised by the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or where it is, having regard to quantity or bulk or other genuine difficulty, not practicable to produce property seized before the authorised officer, shall make a report about the seizure to the authorised officer:

Provided that, when the property involved belongs to Government and the violator is unknown it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.

(4) Where the authorised officer, upon production before him of property seized or upon receipt of report about seizure, as the case may be, is satisfied that the provisions of this Act have been violated, he may by order in writing and for reasons to be recorded confiscate minor forest produce so seized together with all tools, vehicles, boats, ropes, chains or any other article used in such violation. A copy of order of confiscation shall be forwarded without any undue delay to the Conservator of Forests of the forest circle in which the minor forest produce has been seized.

(5) No order confiscating any property shall be made under sub-section (4) unless the authorised officer -

(a) sends an intimation in form prescribed about initiation of proceedings for confiscation of property to the magistrate having jurisdiction to try the offence on account of which the seizure has been made;
(b) issues a notice in writing to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property;
(c) affords an opportunity to persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and
(d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause(b), a hearing on date to be fixed for such purpose.

(6) No order of confiscation under sub-section (4) of any tools, vehicles, boats, ropes, chains or any other article (other than minor forest produce seized) shall be made if any person referred to in clause (b) of sub-section (5) proves to the satisfaction of authorised officer that any such tools, vehicles, boats, ropes, chains or other articles were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of objects aforesaid for commission of violation.

6. Appeal against order of confiscation :-

(I) Any person aggrieved by an order of confiscation may, within thirty days of order, or if fact of such order has not been communicated to him, within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such fee and payable in such form as may be prescribed, and by certified copy of order of confiscation to the Conservator of Forests (herein after referred to as Appellate Authority) of the forest circle in which the minor forest produce, has been seized.

Explanation:- The time requisite for obtaining certified copy of order of confiscation shall be excluded while computing period of thirty days referred to in this sub-section.

(2) The Appellate Authority referred to in sub-section (I), may, where no appeal has been preferred before him, suo moto within thirty days of date of receipts of copy of order of confiscation by him, and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be or suo moto action to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and. may send for record of the case:

Provided that no formal notice of appeal need be issued to such amongst the appellant, office effecting seizure and any other person likely to be adversely affected as aforesaid, as may waive the notice or as may be informed in any other manner of date of hearing of appeal by the Appellate Authority.

(3) The Appellate Authority shall send intimation in writing of lodging of appeal or about "suo moto" action, to the authorised officer.

(4) The Appellate Authority may pass such orders for interim nature for custody, preservation or disposal of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case.

(5) The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit parties to the appeal to be represented by their respective legal practitioners.

(6) On the date fixed for-hearing of the appeal or suo moto action, or on such date to which the hearing may be adjourned, the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person, or through any agent duly authorised in writing or through a legal practitioner, and shall thereafter proceed to pass an order of confirmation, reversal or modification of order of confiscation:

Provided that before passing any final order the Appellate Authority may, if it is considered necessary for proper decision of appeal or for proper disposal of suo moto action, make further inquiry itself or cause it to be made by the authorised officer, and may also allow parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts by affidavits.

(7) The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.

(8) Copy of final order or of order of consequential nature, shall be sent to the authorised officer for compliance or for passing any other appropriate order in conformity with the order of Appellate Authority.

7. Revision Before Court of Sessions against order of Appellate Authority :-

(l) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority may within thirty days of the order sought to be impunged, submit a petition for revision to the Court of Sessions within the Sessions division whereof the headquarters of the Appellate Authority are situate.

Explanation - In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of order of Appellate Authority shall be excluded.

(2) The Court of Sessions may confirm, reverse or modify any final order or an order of consequential nature passed by the Appellate Authority.

(3) Copies of the order passed in revision shall be sent to the Appellate Authority and-to the Authdrised officer for-compliance or for passing such further orders or for taking such further action as may be directed by such Court.

(4) For entertaining, hearing and deciding a revision under this section, the Court of sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973 (No.2 of 1974).

(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), the order of the Court of Sessions passed under this section shall be final and shall not be called in question before any Court.

8. Bar to jurisdiction of Court etc., under certain circumstances :-

On receipt of intimation under sub-section (5) of section 5 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority (other than the authorised officer, Appellate Authority and Court of Session referred to in sections 5, 6 and 7) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 5, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force.

Explanation- Where under any law for the time being in force, two or more courts having jurisdiction to try the offence, then receipt of intimation under sub-section (5) of section 5 by one of the Courts of Magistrates having such jurisdiction shall be construed to be in receipt of intimation under that provision by all the Courts and the bar to exercise jurisdiction shall operate on all such Courts.

9. Property when to vest in Zila Panchayat :-

The property ordered to be confiscated by an authorised officer under section 5, subject to result of proceedings before Appellate Authority on presentation of appeal or upon suo moto action under section 6 and later on revision before Court of Sessions under section 7, shall upon conclusion of proceedings in revision vest in the concerned Zila Panchayat free from all encumbrances.

Provided that such vesting shall take effect

(a) where no appeal is preferred or no suo moto action is taken, before an Appellate Authority- on Expiry of period specified for preferring appeal or for taking suo moto action under section 6 whichever is later;
(b) where final orders are passed by Appellate Authority under section 6, but no revision is preferred under Section 7- on expiry period specified for submitting petition for revision under section 7.

10. Power to make rules :-

(1) The state Government may, by notification make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall be laid on the table of the legislative Assembly,

11. Protection of action taken in good faith :-

No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done under this Act.

12. Presumption that minor forest produce belongs to Government : -

When in any proceedings taken under this Act, or in consequence of any thing done under this Act, a question arises as to whether any minor forest produce is the property of the Government, such produce shall be presumed to the property of the Government, until the contrary is proved,

13. Saving :-

It is hereby declared that any thing done or any action taken (including any notification, order, certificate, notice or receipt issued, application made, or permit granted) under the provisions of existing Acts relating to minor forest produce, be deemed to have been done or taken under the corresponding provisions of this Act as if this Act were in force at the time of such thing was done or action was taken and shall continue to be in force, unless and until superseded by any thing done or any action taken under this Act.