The Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997

1. (1) This Act may be called the Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act, 1997.
2. (2) It shall be deemed to have come into force on the 10th December 1997.

This Chapter shall apply to the Panchayats in the Scheduled Areas in the State of Maharashtra, referred to in clause

1. (1) of Article 244 of the Constitution of India.

In this Chapter, unless the context otherwise requires,—

1. (a) “minor forest produce” means forest produce specified in the Schedule appended to this Chapter;
2. (b) “public servant” means a person as defined in section 21 of the Indian Penal Code;
3. (c) “Schedule” means the Schedule to this Chapter, and the State Government may, by notification in the Official Gazette, add to or modify the same, after considering the necessity for such addition or modification in the public interest. Every such notification shall be laid before each House of the State Legislature, as soon as may be, after it is issued and shall be subject to such modifications as the State Legislature may, make during the session in which it is so laid, and published in the Official Gazette, as modified by the State Legislature;
4. (d) “Working Plan” or “Management Plan” or “Working Scheme” means a document of technical nature approved by a competent authority appointed by the State Government or the Central Government, as the case may be, laying the prescriptions for scientific management of specified forest area;
5. (e) all words and expressions used in this Chapter but not defined herein shall have the meanings, respectively, as assigned to them in the Bombay Village Panchayats Act, 1958.

1. (1) The ownership of minor forest produce found in the Government lands in the Scheduled Areas, excluding the National Parks and Sanctuaries, shall vest in the Panchayat within whose jurisdiction such area falls. Explanation.—The expressions “National Parks” and “Sanctuaries” used in this section shall have the same meanings respectively, assigned to them under the Wildlife (Protection) Act, 1972.
2. (2) For removal of doubts, it is declared that the ownership of minor forest produce shall not include the ownership of land or trees in that Panchayat area and the same shall be governed by the provisions of the Indian Forests Act, 1927.
3. (3) If any dispute arises regarding the ownership of minor forest produce among the Panchayats, the decision of the State Government shall be final.

1. (1) The Panchayats shall strictly adhere to the prescriptions contained in the Working Plan, Management Plan or Working Scheme with regards to the harvest of minor forest produce. However, in the areas not covered under the Working Plan, Management Plan or Working Scheme, the Panchayats shall adhere to the prescriptions of rules made, with regard to the harvesting of minor forest produce, under this Chapter, by the Conservator of Forests of the concerned Circle.
2. (2) Whoever contravenes or violates the prescriptions contained in the Working Plan or the Management Plan or the Working Scheme or the rules made by the Conservator of Forest of the concerned Circle shall, on conviction, be punished with fine which may extend to rupees five thousand or with imprisonment which may extend to one year or with both.

1. (1) No suit, prosecution or other legal proceedings shall lie against any public servant for anything which is in good faith done or intended to be so done in pursuance of the provisions of this Chapter.
2. (2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered, by virtue of the provisions of this Chapter or by anything which is done in good faith or intended to be so done in pursuance of the provisions of this Chapter.

1. (1) The provisions of this Chapter shall be in addition to and shall not be in derogation of, the provisions of the Indian Forest Act, 1927, and the Wildlife (Protection) Act, 1972, and all the penal provisions obtaining in the said Act shall also apply to all the Panchayats to which this Chapter applies.
2. (2) If the person committing an offence under this Chapter is a Panchayat, every person who, at the time the offence was committed, was in charge of, and was responsible to, the Panchayat for the exercise of the powers and conduct of the functions and duties of the Panchayat shall also be liable to be proceeded against and punished accordingly.