Section 12Apportionment of rents of forests held under a lease jointly with other lands and the division of the tenure or holding comprising a forest

s. 12

12. Apportionment of rents of forests held under a lease jointly with other lands and the division of the tenure or holding comprising a forest (1) Notwithstanding anything contained in any other law for the time being in force, where a private forest or any waste land is, at the date of publication of a notification vesting the control thereof in a Regional Forest Officer under sub-section (2) of section 6 or under section 7 or under section 11, as the case may be,- (a) held under a lease granted by the owner of such forest or land before the date of publication of such notification and such lease comprises not only the areas included in such forest or land but also other areas, or (b) held by the owner of such forest as part of a tenure or holding jointly with other lands, the Collector of the district may, on application made in this behalf by such Regional Forest Officer,- (i) in the case referred to in clause (a), by an order in writing, apportion, subject to rules made under this Ordinance, the rent payable under the lease between the areas included within the vested forests and other areas comprised within the lease on the basis of their respective assets, and (ii) in the case referred to in clause (b), by an order in writing, direct the division of such tenure or holding in such manner that a separate tenure or holding is formed with the land included within the vested forest and also direct such distribution of the rent payable in respect of such tenure or holding between the two separate tenures or holdings so formed as he deems fair and equitable: Provided that no order shall be passed under this sub-section without giving, in the case of an order passed under clause (i) the lessor and the lessee of such forest or land and in the case of an order passed under clause (ii), the owner of such forest or land and the landlord or landlords, or their common agent, if any, of the tenure or holding, a reasonable opportunity of being heard. (2) An appeal shall lie from every order passed under sub-section (1) to the Commissioner of the Division if it is presented within thirty days from the date of such order and the decision of the Commissioner on such appeal shall be final and shall not be questioned in any Court. Explanation.- In this section, “lease”, “lessor” and “lessee” have the same meanings as in the Transfer of Property Act, 1882, and “tenure” and “holding” have the same meanings as in the [State Acquisition and Tenancy Act, 1950 (East Bengal Act XXVIII of 1951)].

1. 8. The words, comma, figures and brackets “State Acquisition and Tenancy Act, 1950 (E.B. Act XXVIII of 1951)” were substituted for the words, comma, figures and brackets “Bengal Tenancy Act, 1885 (VIII of 1885)” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)