Recovery of penalties due under bond

Section 85 of the Indian Forest Act, 1927 deals with recovery of penalties due under bond. When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the who The Act came into force on 21 Sep 1927.

When any person, in accordance with any provision of this Act, or in compliance with any rule made thereunder, binds himself by any bond or instrument to perform any duty or act, or covenants by any bond or instrument that he, or that he and his servants and agents will abstain from any act, the whole sum mentioned in such bond or instrument as the amount to be paid in case of a breach of the conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act, 1872 (9 of 1872), be recovered from him in case of such breach as if it were an arrear of land-revenue.

STATE AMENDMENTS

Maharashtra.--

Amendment of section 85 of Act XVI of 1927.--Section 85 of the Indian Forest Act, 1927, shall be renumbered, as sub-section (1) of that section, and after sub-section (1) so renumbered the following subsection shall be added, namely:--

"(2) If any question arises--

(a) whether there has been a breach of any of the conditions of such bond or instrument,

(b) as to the sum to be paid for such breach,

(c) as to the person or persons liable to pay such sum, the question shall be referred to and, after giving notice to the person concerned and after considering his objections (if any), be decided by an officer, not below the rank of a Divisional Forest Officer, authorized by the Government in this behalf. The person aggrieved by the decision of such officer may, within a period of sixty days from the date of such decision, appeal to the State Government or such other appellate authority as the State Government may appoint in this behalf. The decision of such officer, subject to an appeal to the appellate authority, and the decision of the appellate authority on such appeal, shall be final."

[Vide Bombay Act X of 1956, s. 2]

Amendment of section 85 of Act XVI of 1927.--In sub-section (2) of section 85 of the Indian Forest act, 1927 (XVI of 1927), for the words "Divisional Forest Officer" the words "Sub-Divisional Forest Officer" shall be substituted.

[Vide Bombay Act XXVI of 1957, s. 2]

Section 85, The Indian Forest Act, 1927 (Act 16 of 1927).