Section 35: Protection of forests for special purposes

35. Protection of forests for special purposes.___(1) The 1[Provincial Government] may, by notification the 2[official Gazette], regulate or prohibit in any forest or waste-land___ (a) the breaking up or clearing of land for cultivation; (b) the pasturing of cattle; or (c) the firing or clearing of the vegetation; when such regulation or prohibition appears necessary for any of the following purposes:___ (i) for protection against storms, winds, rolling stones, floods and avalanches; 1Subs. by A.O., 1937, for “L.G.”. 2Subs. ibid., for “local official Gazette”. (ii) for the preservation of the soil on the ridges and slopes and in the valleys of hilly tracts, the prevention of land -slips or of the formation of ravines and torrents, or the protection of land against erosion, or the deposit thereon of sand, stones or gravel; (iii) for the maintenance of a water-supply in springs, rivers and tanks; (iv) for the protection of roads, bridges, railways and other lines of communication; (v) for the preservation of the public health. (2) The 1[Provincial Government] may, for any such purpose, construct at its own expense, in or upon an forest or waste-land, such work as it thinks fit. (3) No notification shall be made under sub -section (1) nor shall any work be begun under sub-section (2), until after the issue of a no tice to the owner of such forest or land calling on him to show cause, within a reasonable period to be specified in such notice, why such notification should not be made or work constructed, as the case may be, and until his objections, if any, and any evidence he may produce in support of the same, have been heard by an officer duly appointed in that behalf and have been considered by the 1[Provincial Government].

Effective date: 1927-01-01

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