Maharashtra Forest Manual Volume - II Draft for Approval 2013mahaforest.nic.in/act_rule_file/1363151832Maharashtra Forest Manual... · I Indian Forest Act, 1927 ... conversion of

Maharashtra Forest Manual

Volume - II

Draft for Approval

2013

i

Maharashtra Forest Manual, Volume II

Contents at a Glance

Sr. No. Contents Page No.

1 List of Parts with Contents ii - vii

2 List of Appendices related to Parts viii - xi

3 Parts I to XXIII 1 - 132

4 Abbreviations 133 - 135

5 Appendices 1 to 91 136 - 513

Remarks:- Annexures referred to in the Parts are included in MFM Volume II Compendium being maintained separately.

ii

MFM Volume-II

List of Parts with Contents

Part Title of Part Article Contents Page I Indian Forest Act, 1927

1.01 Preface 1 1.02 Object 1 1.03 Salient Features 1 1.04 Indian Forest Act 1927 (Modified upto 27th

April 1994) 2

1.05 Implementation of Indian Forest Act, 1927 5

II Statutory Rules

(A) Bombay Forest Rules, 1942 2.01

Preface

6

2.02 Salient Features (Transit Pass) 6 2.03 Amended Bombay Forest Rules, 1942 related to

Sections of the Indian Forest Act 7

2.04 Bombay Forest Rules, 1942:- ( Modified upto 23rd December 1969)

9

2.05 Rule 88 and amendments – Prohibiting conversion of timber within certain distance of forests

12

2.06 Directions issued by Govt. in exercise of the powers conferred by clause (b) of the sub-rule 11 of the rule 88 of B.F.R.,1942 (i - ii)

17

2.07 List of Additional Appendices and Annexures related to Bombay Forest Rules, 1942

19

(B) Maharashtra Forest (Protection of forests from fire) Rules, 1982

2.08 2.09

Preface Maharashtra Forest (Protection of forests from fire) Rules, 1982

20

20

2.10 Protection of Forests from Fire 21

III Statutory Orders (A) Statutory Orders under Indian Forest Act, 1927

3.01 SO:01

Powers of Officers (S. 2,25,61,68,72 and 85) Powers of Forest Officers under the Forest Act

22

SO:02 Powers of certain Range Forest Officers to issue search warrants

23

SO:03 Power to recover penalties under the Forest Act 23 SO:04 Powers conferred by the section 72 of the

Indian Forest Act, 1927 to the Forest Officers (R.F.Os. and Foresters)

23

3.02 Notification Reserving and Prohibiting Certain Acts in Protected Forests (S.30):

SO:05 Reservation of trees and prohibition of certain acts in the Protected Forests of the Vidarbha Region of Maharashtra State

23

SO:06 Bombay Protected Forests (Vidarbha Area), Rules, 1958

23

SO:07 Reservation of trees and prohibition of certain acts in the Protected Forests of the Marathwada, Konkan and Western Maharashtra Region of Maharashtra State

23

SO:08 Marathwada, Konkan and Western Maharashtra Rules, 2001

23

SO:09 Reservation of trees and prohibition of certain acts in the Protected Forests (Mangrove Forests) of the Konkan Region of Maharashtra State

24

3.03 Control of Forest Produce in Transit (S. 41 and Rules 66 to 91)

SO:10-13

Control of Forest Produce in Transit 24

iii

Part Title of Part Article Contents Page (B) Statutory Orders concerning Forest

Officers and Forest Matters under Other Acts

3.04

SO:14

Statutory Orders concerning Forest Officers and Forest Matters under Other Acts

Powers of Forest Officers under Indian Arms Act 1878 (XI of 1878) (Power to disarm)

24

SO:15 Powers of Forest Officers under the Bombay Minor Mineral Extraction Rules

25

SO:16 Powers of Forest Officers under Maharashtra Land Revenue Act, 1966

25

SO:17 Powers of Magistrates under S.67 of Indian Forest Act 1927

25

SO:18 Use of fire arms by Forest Personnel (Code of Criminal Procedure, (1973)

25

(C) Important Judgements under Indian Forest Act, 1927

3.05 Important Judgements under Indian Forest Act, 1927

(J:01 to J:30)

25

IV Forest Policy of Maharashtra State-2008 4.01 Preamble 31 4.02 Committees constituted for implementation of

Maharashtra Forest Policy, 2008 31

4.03 Forest Policy of Maharashtra State-2008 32

V Constitution of Forests, Afforestation and Disforestation

(A) Acquisition of Lands for Forests [S.11 and 84, I.F.A.]

5.01

Acquisition of Lands for Forests (i - viii) [S.11 and 84, I.F.A.]

39

(B) Settlement and Demarcation

[S. 3 to 25 and 29, I.F.A.]

5.02

5.03

5.04

5.05

5.06

System of Forest Settlement Adopted in the Maharashtra State (i, ii) Position of a Forest Settlement Officer (i - vi) Duties of a Forest Settlement Officer (i - viii) Appeals against Orders passed by Forest Settlement Officer (i - vi) Notifications under the Indian Forest Act Regarding Afforestation, etc. (i - xii)

40

41

41

43

43

5.07

Demarcation (i - iv) 45

5.08

Settlement and Demarcation Report (i - vi) 45

5.09

Settlement Records (i - iii)

48

(C) Boundaries and Boundary Marks 5.10 Boundaries and Boundary Marks (i - viii) 48

(D) Forest Surveys and Maps 5.11 Forest Surveys and Maps (i - vi) 50

(E) Disforestation of Forest Land from Forest to Other Purposes

[S.27, I.F.A.]

5.12 Disforestation of Forest Land from Forest to Other Purposes (i - ii)

52

iv

Part Title of Part Article Contents Page VI Administrative Orders Concerning the

Indian Forest Act, and the Statutory Rules and Orders thereunder

6.01 Protection of Forests and Treatment of Forests Offences in General (AO:01 - AO:06)

53

6.02 Protection of Forests Awaiting to be Notified as Reserved (S. 5 & 26 (1) (A) and 20, I.F.A.)

54

(AO:07 - AO:08)

6.03 Fire Offences and Fire Protection (S.26(1) (b) and (c), 32 (h) and 33 (d) and (e))

54

(AO:09 - AO:17)

6.04 Management of village Forests (S.28(2))

56 (AO:18)

6.05 Control of Timber and Other Forest Produce in Transit ( Section 41 and 42 I.F.A.)

(AO:19 - AO:28)

56

6.06 Penalties and Procedure (S. 52 to 69 I.F.A.)

[I] Disposal of seized perishable material. (S.58. I. F. A.) : (AO:29)

59

[II] Arrests. (S. 64 and 65. I.F.A.) (AO:30 - AO:31)

59

[III] Compounding of Forest Offence Cases and Prosecution of offenders (S. 68. I.F.A.) (AO:32 - AO:34)

59

[IV] Report and Registration of Offences (AO:35 - AO:36)

62

[V] Engagement of pleaders for conducting Forest offence cases in Court (AO:37)

64

[VI] Rewards in Cases compounded under S. 68. I.F.A. (AO:38 - AO:41)

64

6.07 Powers of Forest Officers:- (S. 72. I. F. A.) 65 (AO:42 - AO:45)

6.08 Rewards from Fines and Confiscations. etc. (S.76 (B). I.F.A. & Rule 130) (AO:46 - AO:52)

65

VII The Maharashtra Private Forests (Acquisition) Act, 1975

7.01 The Maharashtra Private Forests (Acquisition) Act, 1975 (Modified upto 10th Oct. 1997)

67

7.02 The Maharashtra Private Forests (Acquisition) Rules, 1975

67

7.03 Orders, Circulars and GRs of the Government (i - xxiv)

67

v

Part Title of Part Article Contents Page VIII Forest Conservation Act, 1980

(A) Forest Conservation Act, 1980 8.01 Salient features of FCA 1980 (i - iii) 70

(B) Important developments related to Forest Conservation before formulation of FCA, 1980

8.02

8.03

General (i - vi)

Related to Encroachment (i - vii)

71

72

(C) Applications of the Forest (Conservation) Act, 1980

8.04 Applications in General (i - xxi) 72

8.05 Investigation and Surveys (i) 75

8.06 Tusser cultivation (i) 75

8.07 Management Plan, Working Plan, Harvesting etc. (i - iii)

76

8.08 Related Protected Areas (i - vii) 76

8.09 Mining (i - xi) 77

8.10 Wind Mills (i - vii) 78

8.11 Violation of the provisions of the Forest (Conservation) Act, 1980 (i - viii)

79

8.12 Encroachment (i - v) 80

(D) Submission of Proposals 8.13 General Guidelines (i - xvii) 81

8.14 Irrigation /Hydel /Hydro-electric Projects (i - iii) 83

8.15 Mining Projects (i - xii) 84

8.16 Simplified procedure for Certain Categories of Proposals (i)

87

8.17 Special Provisions for O.F.C/Pipe Lines/Transmission lines/LWE affected districts etc. (i - viii)

87

8.18 Diversion of Forest land for Widening, Expansion or Realignment of Road/Rail/Canal (i - xiii)

89

(E) Important Conditions stipulated in Proposals

8.19 Compensatory Afforestation [I] General Guidelines (i - viii)

91

[II] Land for raising Compensatory Afforestation (i - xii)

92

8.20 Net Present Value [I] Regarding collection of NPV (i - v)

94

[II] Guidelines for the collection of Net Present Value (i - iv)

95

8.21 Special Fund for Compensatory Afforestation (i) 96

8.22 Compensatory Afforestation Fund / Constitution and Functioning of CAMPA (i - vi)

96

(F) Dealing with Cases of diversion of forest land for non-forest purposes

8.23 Procedure to deal with Proposals (i - xxviii) 98

8.24 Conditions stipulated in forestry clearances by the Government of India (i - iii))

101

(G) Judgments 8.25 Supreme Court Judgments (i - xiv) 102 8.26 High Court Judgments (i - ii) 104

vi

Part Title of Part Article Contents Page IX Information related to Wildlife Section

9.01

The salient provisions of the Wildlife (Protection) Act, 1972 along with the action taken on these provisions by the State Government (i - xxxviii)

105

9.02 Misc. Standing Orders, Guidelines, Eco-Tourism Policy and Management Plans etc. (i - ix)

111

X Non-Timber Forest Produce (excluding bamboo and grass)

10.01 10.02

Tendu and Apta leaves Minor Forest Produce in Scheduled Areas

113

113

10.03 Disposal of Maharashtra Minor Forest Produce in other areas

113

10.04 Minor Forest Produce under Forest Rights Act, 2006

113

10.05 Non-Timber Forest Produce under Joint Forest Management (JFM)

113

XI The Maharashtra Felling of Trees (Regulation) Act, 1964

11.01 11.02

Preface Object

114

114 11.03 Salient Features 114 11.04 The Maharashtra Felling of Trees (Regulation)

Act, 1964 (Modified upto Aug. 1989 and amendment dated 14th June 1999)

115

11.05 The Maharashtra Felling of Trees (Regulation) rules 1967 and (Amendment) Rules, 2005

115

11.06 Implementation of The Maharashtra Felling of Trees (Regulation) Act, 1964

115

XII The Maharashtra sale of Trees by Occupants belonging to scheduled Tribes (Regulation) Act, 1969

12.01 12.02

12.03

Preface Object

Salient Features

116

116

116 12.04 The Maharashtra sale of Trees by Occupants

belonging to Scheduled Tribes (Regulation) Act, 1969 (Modified upto June 1997)

116

12.05 Implementation of The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969

117

XIII Compilation of Acts, Rules related to Forest Produce, Taxes, Industrial Supplies of Forest Produce, Minor Minerals Etc.

13.01

13.02

Maharashtra Supply of Forest Produce by government (Revision of Agreements) Act, 1982

Maharashtra Supply of Forest Produce by government (Revision of Agreements) Rules, 1983

118

118

13.03 Maharashtra Forest Development (Tax on Sale of Forest Produce by Govt. or Forest Development Corporation) (Continuance) Act, 1983 (Modified upto 30th June 1997)

118

13.04 Supply of bamboo to M/s BILT on long lease 118 13.05 Reservation of bamboo to small scale industries 118

XIV Acts and Rules related to Fodder, Grazing Etc.

14.01 Cattle Grazing in the Forests 119 14.02 Sheep Grazing in the Forests 119

14.03 Procedure for allotment and sale of grass kurans 120

vii

Part Title of Part Article Contents Page

XV The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2007

15.01

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2007

121

15.02 15.03 15.04 15.05

Types of forest rights Main conditions for eligibility under this Act Diversion of forest land upto 1 ha. Limitations of FRA

121

121

121

121

XVI Note on Working Plan Code

16.01 16.02

Preface A brief summary of important provisions of working plan code

122

122

XVII Sales and Utilisation 17.01 Powers of Forest officers regarding Sales 123 17.02 Unified Depot Sale Conditions 124 17.03 Stoppage of Contractor System in the harvesting

of forestry works 124

17.04 NOC for Non-agricultural use for charcoal manufacture under Sec.44

124

17.05 The Maharashtra Land Revenue Rules, 1967, 1969 & 1970 for regulation, cutting & disposal of trees, other natural products, grazing etc.

125

17.06 Timber and Hardwood supply from government Depots

125

17.07 Auction of Fodder Kurans on Forest Lands 125 17.08 Grading rules for classification of Timber 125 17.09 Uniformity in the harvesting of Timber – Pieces 125 17.10 Nistar 125 17.11 Rent for Toddy Trees in Government land

including forest land 126

17.12 General rules for Weights and Measures, Classification, Calculation of volume, etc.

126

XVIII Joint Forest Management , Forest Development Agency etc.

18.01 Joint Forest Management 127 18.02 Sant Tukaram Vana Gram Yojana 127 18.03 Natural Afforestation Programme (NAP) and

Forest Development Agency (FDA) 127

XIX Management of Forest with Revenue Department

19.01 Regarding Management of Forest with Revenue Department

128

XX Management of Mangrove land

20.01 20.02

Conservation of Mangroves Application of Forest (Conservation) Act, 1980 to Mangroves

129

129

XXI Forest Research

21.01 21.02

Conduct of Forest Research Co-ordination of Forest research work and collaboration with research institutes

130

130

21.03 Annual Research Report 131 21.04 Dispatch of botanical specimens for identification 131

XXII Note on Evaluation Code 22.01 22.02

Evaluation Code Salient Features

131

131

XXIII Maharashtra State Biodiversity Board

23.01 23.02

Bio- Diversity Act and Rules Maharashtra State Biodiversity Board

132 132

viii

List of Appendices related to Parts

Sr.No. Appx Article Details of Appendix Kind /Year

Date Page

1 I (i) 1.05(i) Illicit fellings : Measures for checking of – St. Order 01-06-1965 136

2 I (ii) 1.05(i) Need for prompt detection and speedy follow-up action in regard to illicit cutting of trees in Government Forests

Circular 18-06-1981 140

3 I (iii) 1.05(i) To supply information about illicit fellings on forest land to the Govt.

Letter 20-10-1981 144

4 I (iv) 1.05(i) Need for prompt detection and speedy follow up action in regard to illicit cutting of trees in Government Forests.

Circular 07-03-1988 147

5 I (v) 1.05(i) Review of Loss due to Illicit Felling in Forest through Quarterly Report (Revised)

Letter 21-07-1997 151

6 I (vi) 1.05(i) Revised measures of forest protection G.R. 08-05-2003 159

7 I (vii) 1.05(i) Directions to decide the value of stumps of illicitly felled trees and of seized material

St. Order 24-04-2009 166

8 II (i) 2.05, 2.06(i)

Bombay Forest (Amendment) Rules, 1981 Notif. 16-07-1981 170

9 II (ii) 2.05, 2.06(i)

Bombay Forest (Second Amendment) Rules,1981

Notif. 19-08-81 172

10 II (iii) 2.05 Bombay Forest (Amendment) Rules, 1982 Notif. 08-07-1982 175

11 II (iv) 2.05 Bombay Forest (Second Amendment) Rules, 1982

Notif. 19-11-1982 177

12 II (v) 2.05 Bombay Forest (Amendment) Rules, 1985 Notif. 17-05-1985 178

13 II (vi) 2.05 Bombay Forest (Amendment) Rules, 1986: Notif. 22-01-1986 179

14 II (vii) 2.05 Bombay Forest (Amendment) Rules, 1992 Notif. 14-07-1992 180

15 II (viii) 2.05 Bombay Forest (Amendment) Rules, 1997 Notif. 22-07-1997 182

16 II (ix) 2.05 Bombay Forest (Amendment) Rules, 1998 Notif. 06-11-1998 183

17 II (x) 2.05 Bombay Forest (Amendment) Rules, 2001 Notif. 07-06-2001 185

18 II (xi) 2.05 Bombay Forest (Amendment) Rules, 2003 Notif. 03-11-2003 186

19 II (xii) 2.05 Bombay Forest (Amendment) Rules, 2010 Notif. 06-05-2010 187

20 II (xiii) 2.06(i) Amendment to Govt. Notification dated 16-07-1981

Gazette,N. 01-08-1982 188

21 II (xiv) 2.06(i) Amendment to Govt. Notification dated 16-07-1981

Notif. 30-06-1983 189

22 II (xv) 2.06(i) Amendment to Govt. Notification dated 16-07-1981

Gazette,N. 15-03-2003 191

23 II (xvi) 2.06(ii) Relocation of saw mills and transfer of ownership of saw mills, etc.

Gazette,N. 06-11-2001 193

24 II (xvii) 2.06(ii), Amendment to Govt. Notification dated 06-11-2001

Gazette,N. 29-08-2002 195

25 II (xviii) 2.06(ii), Amendment to Govt. Notification dated 06-11-2001

Gazette,N. 16-07-2010 196

26 II (xix) 2.06(ii), Amendment to Govt. Notification dated 06-11-2001

Gazette,N. 09-09-2010 197

27 II (xx) 2.07(i) Bombay Forest (Amendment) Rules, 1999 - Revision in Bombay Forest Rules 1942

Notific. 22-09-1999 198

28 II (xxi) 2.07(i) Bombay Forest (Amendment) Rules, 1992 Gazette 04-06-1993 199

ix


Date Page

29 II (xxii) 2.07(i) Relocation of saw mills and transfer of ownership of saw mills, etc.

Gazette 28-08-1991 201

30 II (xxiii) 2.07(i) Regularisation of Saw mills within dist. of 10 km from RF / PF

Letter 20-03-2003 204

31 II (xxiv) 2.07(i) Implementations as per order of High Court dated 07-02-2002 in para 16(iv)

Letter 11-01-2005 206

32 II (xxv) 2.07(i) Implementations as per order of High Court dated 07-02-2002 in para 16(iii),(iv)

Letter 12-01-2005 208

33 III (i) 3.01 Powers conferred by the sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927) to the Forest Officers (R.F.Os. and Foresters)

G. Notif. G. Notif.

12-04-2002 21-04-2001

209 210

34 III (ii) 3.02 Reservation of trees and prohibition of certain acts in the Protected Forests of the Vidarbha Region of Maharashtra State

G. Notif. 19-12-1968 212

35 III (iii) 3.02 Bombay Protected Forests (Vidarbha Area), Rules, 1958

G. Notif. 19-12-1958 213

36 III (iv) 3.02 Reservation of trees and prohibition of certain acts in the Protected Forests of the Marathwada, Konkan and Western Maharashtra Region of Maharashtra State

G. Notif. 27-11-2001 215

37 III (v) 3.02 Marathwada, Konkan and Western Maharashtra Rules, 2001

G. Notif. 27-11-2001 222

38 III (vi) 3.02 Reservation of trees and prohibition of certain acts in the Protected Forests (Mangrove Forests) of the Konkan Region of Maharashtra State

G. Notif. 20-09-2012 231

39 III (vii) 3.04 Powers of Forest Officers under Maharashtra Land Revenue Act, 1966

G. Notif. 30-01-1997 234

40 III (viii) 3.04 Powers of Magistrates under S.67 of Indian Forest Act 1927

G. Notif. 03-04-1997 235

41 III (ix) 3.04 Use of fire arms by Forest Personnel (Code of Criminal Procedure, (1973)

G. Notif. 19-09-2006 236

42 V (i) 5.06, 5.09, 5.12

Forms of notifications and notices under the I.F.A. (i to viii) and form of Area register (ix)

Forms ---- 237

43 VI (i) 6.03 Protection of forests from Fire St. Order 22-05-2001 240

44 VI (ii) 6.03 Protocol on Forest Fires - regarding Letter 09-05-2006 250

45 VI (iii) 6.03 Revised proforma for reporting fires at Beat level & at State level

Letter 24-01-2008 252

46 VI (iv) 6.06 Related to dealing of Forest Offence Cases Circular 08-09-1982 258

47 VIII (i), 8.04(i), 8.25(iv),

19.01

Supreme Court Judgement -T. N. Godavaraman Thirumulkpad -Versus- Union of India and Others in Writ Petition No. 202 of 1995 with 171 of 1996

Judgment 12-12-1996 262

48 VIII (ii), 8.04(xviii), 20.01

High Court Bombay Judgment dt.6-10-2005 in Writ Petition No. 3246/2004 (Regarding Mangrove Forests)

Order 6-10-2005 274

x


Date Page

49 VIII (iii) 8.08(vii), 8.13(i)(b

), 9.02(vi)

Guidance document for taking up non-forestry activities in wildlife habitats and Forms for Proposal of Non-Forestry Works in Protected Areas

Form 15-03-2011 288

50 VIII (iv) 8.13(i)(a) The form (A) for the fresh proposal and (B) for the renewal of lease

Form ---- 303

51 VIII (v) 8.26(i) High Court Bombay Judgement dt. 10-10-2001 in Writ Petition No. .P. 2980/2001 (Regarding order u/s 6 or 22A of Maharashtra Private Forests (Acquisition) Act, 1975)

Judgment 10-10-2001 316

52 VIII (vi), 8.26(ii), 20.02

High Court’s directives dt. 27/01/2010 in Notice of Motion in PIL 87/2006 (Regarding Mangrove Forests)

Directives 27-01-2010 319

53 IX (i) 9.01(i) Guidelines for appointment of Hon. Wild Life Wardens

Guidelines ---- 323

54 IX (ii) 9.01(vi-c)

Guideline to give the permission for hunting of the Wild boar and Blue bull

Guidelines 15-06-2004 326

55 IX (iii) 9.01(viii-c)

Increase in rates of fees of Entertainment activities, entry fee for Morning round etc. at S.G.N.P.

G.R. 17-06-2011 327

56 IX (iv) 9.01(viii-c)

Increase in rates of fees of photography and film shooting etc. at S.G.N.P.

G.R. 23-01-2012 329

57 IX (v) 9.02 (i) Compensation paid for crop damage, cattle kill, human injury or death due to wild animals

G.R. 02-07-2010 331

58 IX (vi) 9.02(v) Wildlife Conservation Strategy 2002 Strategy 2002 337

59 IX (vii) 9.02(vii) Guidelines relating to Avian Influenza issued from time to time by the Ministry of Environment & Forests

Guidelines ---- 339

60 IX (viii) 9.02(viii) Eco Tourism Policy Policy 20-02-2008 341

61

IX (ix) 9.02(viii) Implementation of Eco Tourism works in forest areas and protected areas

G.R. 24-10-2011 348

62 XIII (i) 13.03 Exemptions to recover FDT Notif. 19-01-1984 355

63 XIII (ii) 13.05 Policy for disposal of Bamboo in the State G.R. 26-02-2004 357

64 XIV (i) 14.01(ii) Grazing Rules for the Maharashtra State with enclosed grazing policy 06-12-1968

G.R. 03-11-1973 359

65 XIV (ii) 14.01(iii) Grazing Policy - Priorities for grazing G.R. 02-08-1971 376

66 XIV (iii) 14.01(v) Regulation of Cattle Grazing in Forest Areas G.R 31-10-2011 377

67 XIV (iv) 14.02(iii) To give sanction to 48 grazing settlement reports of sheep grazing

G.R. 06-05-2008 381

68 XIV (v) 14.03 Allotment of grass kurans

G.R. 29-10-1976 383

69 XIV (vi) 14.03 Procedure of allotment and sale of grass kurans G.R. 08-11-1971 384

xi


Date Page

70 XV (i) 15.04 Procedure for seeking prior approval for diversion of forest land for non-forest purposes for facilities managed by Govt. under Section 3(2) of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Letter 18-05-2009 386

71

XVII (i) 17.01 Powers of Forest Officers regarding sales of timber, etc. - Financial Publications 1978, (Revision in delegation of Financial Powers)

G.R. 30-09-2011 393

72 XVII (ii) 17.02 Unified Depot Sale Conditions for sale of timber, charcoal, bamboo and firewood (in depots and in-situ)

G.R. Corrig.

29-04-1986 21-10-1986

399 414

73 XVII (iii) 17.02 Unified Depot Sale Conditions-For conversion of firewood into charcoal

Letter 12-02-1987 416

74 XVII (iv) 17.02 Unified Depot Sale Conditions - Charging of Ground Rent

Circular 22-09-1986 418

75 XVII (v) 17.02 Unified Depot Sale Conditions - Charging of Ground Rent (Bamboo bundles)

Circular 11-09-1990 422

76 XVII (vi) 17.05 The Maharashtra Land Revenue (Regulation of Right to trees etc) Rules, 1967

Rule ---- 423

77 XVII (vii) 17.05 The Maharashtra Land Revenue (Disposal of government trees, produce of trees, grazing and other Natural Products) Rules, 1969

Rule ---- 425

78 XVII (viii) 17.05 The Maharashtra Land Revenue (Regulation of cutting and supply of wood, etc.) Rules, 1970

Rule ---- 427

79 XVII (ix) 17.08 (i)Grading rules for classification of Timber logs, (ii) Finalisation of grading rules for timber logs and (iii) Inclusion of more length classes in Grading rules for classification of Timber Logs

Memo, Circular

and Letter

23-09-78, 06-10-78, 03-03-84

428 432 434

80 XVII (x) 17.08 Procedure for Sale of forest produce on Sale Depots

Letter 03-06-2003 436

81 XVII (xi) 17.09 Uniformity in the harvesting of Timber – Pieces Circular 30-10-1986 440

82 XVIII (i) 18.01 Management of forests with the help of village communities

G.R. Corrig.

16-03-1992 08-07-1994

448 457

83 XVIII (ii) 18.01 Guidelines for strengthening of the JFM programme

Letter 21-02-2000 458

84 XVIII (iii) 18.01 Strengthening of the JFM programme Letter 24-12-2002 463

85 XVIII (iv) 18.01 Management of forests with the help of village communities

G.R Corrig.

25-04-2003 26-09-2003

466 478

86 XVIII (v) 18.01 Special action programme regarding increase of participation of women self help Groups (Mahila Bachat Gut) in JFM programme

G.R. 29-06-2010 480

87 XVIII (vi) 10.05, 18.01

Strengthening of the JFMCs and attaching JFMCs to Gram Sabha etc.

G.R. 05-10-2011 484

88 XVIII (vii) 18.02 Sant Tukaram Vana Gram Yojana G.R. 23-11-2006 497

89 XVIII (viii) 18.02 Sant Tukaram Vana Gram Yojana (Modified subsequents)

G.R. 15-02-2008 504

90 XVIII (ix) 18.02 Sant Tukaram Vana Gram Yojana (Modified subsequents - 2)

G.R. 15-05-2008 506

91 XVIII (x) 18.03 Establishment of Maharashtra State Forest Development Agency for implementation of National Afforestation Programme

G.R. 02-07-2010 508-513

MAHARASHTRA FOREST MANUAL, VOLUME II

PARTS

I TO XXIII

1

∗

The Act deals with the subject in 13 Chapters.

Part I Indian Forest Act, 1927

1.01 Preface:- There can be no doubt that forests and forestry are subjects of prime importance for a country and the

public interest. The Indian Forest Act, 1927 was enacted after repealing the Indian Forest Act, 1878 for the purpose of consolidating the law relating to forests, the transit of forest produce and the duty leviable on timber and other forest produce. This Act is an important piece of the Central legislation and various State enactments have made amendments to suit their local requirements and some of the States have enacted their own full scale Forest Acts.

1.02 Object:- The Indian Forest Act was enacted to preserve and safeguard the forests generally in India. The Act makes

various provisions for such conservation of forests and in the scheme it provides for a State Government to constitute any forest land or waste land, which are property of Government or which the Government has proprietary rights, as a reserved forest.

1.03 Salient Features:- An Act to consolidate the law relating to forest, the transit of forest-produce and the duty leviable on timber

and other forest-produce.

{Annexure IA (1)} (i) Chapter I deals with short title and extent of the Act.

Act modified upto 27th April 1994}

(ii) Chapter II deals with the subject of reserved forests. (iii) Chapter III deals with village forests. (iv) Chapter IV deals with protected forests. (v) Chapter V deals with forest and lands not being the property of Government. (vi) Chapter VI deals with imposition of duty on timber and other forest produce by the Central Government. (vii) Chapter VII deals with control over timber and other forest produce in transit. Section 41 confers on the State Government the power to make rules to regulate the transit of forest produce. (viii) Chapter VIII deals with regulation of the rights of owner in drift and stranded timber. (ix) Chapter IX deals with penalty and procedure and recognize that some forest produce may, in the first instance, not be the property of the Government. (x) Chapter X deals with applicability of the Cattle Trespass Act, 1871 in a reserved forest or in any portion of a protected forest which has been lawfully closed to grazing. Chapter X also deals with the power of the State Government to issue notification in respect of fines. (xi) Chapter XI deals with the powers and duties of the Forest Officer. (xii) Chapter XII empowers the State Government to make subsidiary rules. (xiii) Chapter XIII deals with moral duties of the citizen to help Forest Officers and Police Officers in carrying out their duties within the purview of the Act. This chapter deals with other miscellaneous matters also.

In this manner the Act contemplates the protection of forest land under certain conditions, whether they be reserved forests, village forests, protected forests or forests of private owners.

Although the Indian Forest Act deals specifically with (i) reserved forests; (ii) village forest, viz., reserved forest which have been assigned to any village community; and (iii) protected forests, the other provisions of the Forest Act are wide enough to cover all categories of forests. This Act is one curtailing proprietary rights of individuals and so the Act and the notifications issued under it must be construed appropriately where the rights of individuals are affected.

∗ Author APCCF (Protection)

2

1.04 Indian Forest Act 1927:- (Modified upto 27th April 1994) The list of Sections with Chapters of the Indian Forest Act, 1927 is as follows:-

CHAPTER I

PRELIMINARY 1. Short title and extent 2. Interpretation clause 2A. Construction of certain references to Central or Bombay Acts

CHAPTER II OF RESERVED FORESTS

3. Power to reserve forests 4. Notification by State Government 5. Bar of accrual of forest- rights 6. Proclamation of Forest Settlement Officer 7. Inquiry of Forest Settlement Officer 8. Powers of Forest Settlement Officer 9. Extinction of rights 10. Treatment of claims relating to practice of shifting cultivation 11. Power to acquire land over which right is claimed 12. Orders on claims to rights of pasture or to forest produce 13. Record to be made by Forest Settlement Officer 14. Record where he admits claim 15. Exercise of rights admitted 16. Commutation of rights 17. Appeal from order passed under section 11, section 12, section 15 or section 16. 18. Appeal under section 17 19. Pleaders 20. Notification declaring forest reserved 21. Publication of translation of such notifications in neighbourhood of forest. 22. Power to revise arrangement made under section 15 or section 18. 23. No right acquired over reserved forest, except as here provided. 24. Rights not to be alienated without sanction 25. Power to stop ways and water courses in reserved forests 26. Acts prohibited in such forests 27. Power to declare forest no longer reserved

CHAPTER III OF VILLAGE FORESTS

28. Formation of village forests

CHAPTER IV OF PROTECTED FORESTS

29. Protected forests 30. Power to issue notification reserving trees, etc. 31. Publication of translation of such notification in neighbourhood. 32. Power to make rules for protected forests 33. Penalties for acts in contravention of notification under section 30, or of rules under section 32. 34. Nothing in this chapter to prohibit acts done in certain cases.

3

CHAPTER V OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE

PROPERTY OF GOVERNMENT 34A. Interpretation 35. Protection of forests for special purposes 36. Power to assume management of forests 36A. Manner of serving notice and order under section 36 36B. Period of control 36C. Termination of control 37. Expropriation of forest in certain cases 38. Protection of forests at request of owners

CHAPTER VI OF THE DUTY ON THE TIMBER AND OTHER FOREST-PRODUCE

39. Power to impose duty on timber and other forest-produce 40. Limit not to apply to purchase-money or royalty

CHAPTER VII

OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT 41. Power to make rules to regulate transit of forest produce 41A. Power of Central Government as to movements of timber across customs frontiers. 42. Penalty for breach rules made under section 41 43. Government and Forest Officers not liable for damage to forest-produce at depot. 44. All persons bound to aid in case of accidents at depot

CHAPTER VIII OF THE COLLECTIONS OF DRIFT AND STRANDED TIMBER

45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected

accordingly. 46. Notice to claimants of drift timber 47. Procedure on claim preferred to such timber 48. Disposal of unclaimed timber 49. Government and its officers not liable for damage to such timber. 50. Payments to be made by claimant before timber is delivered to him. 51. Power to make rules and prescribed penalties

CHAPTER IX PENALTIES AND PROCEDURE

52. Seizure of property liable to confiscation 53. Power to release property seized under section 52 54. Procedure on receipt by Magistrate of report of seizure 55. Forest-produce, tools, etc, when liable to confiscation 56. Disposal, on conclusion of trial for forest- offence, of produce in respect of which it was committed. 57. Procedure when offender not known or cannot be found 58. Procedure as to perishable property seized under section 52 59. Appeal from orders under section 55, section 56 or section 57 60. Property when to vest in Government 61. Saving of power to release property seized 61A. Confiscation by Forest Officers of forest- produce where forest- offence is believed to have been committed.

4

61B. Issue of show-cause notice before confiscation under section 61A. 61C. Revision 61D. Appeal 61E. Award of confiscation not to interfere with other punishments 61F. Property, etc. confiscated when to vest in Government 61G. Bar of jurisdiction in certain cases 62. Punishment for wrongful seizure 63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks. 64. Power to arrest without warrant 65. Power to release on a bond a person arrested 65A. Certain offences to be non-bailable 66. Power to prevent commission of offence 67. Power to try offences summarily 68. Power to compound offences 69. Presumption that forest-produce belongs to Government

CHAPTER X CATTLE-TRESPASS

70. Cattle-Trespass Act, 1871, to apply 71. Power to alter fines fixed under that Act

CHAPTER XI OF FOREST OFFICERS

72. State Government may invest Forest Officers with certain powers. 73. Forest officers deemed public servants 74. Indemnity for acts done in good faith 75. Forest Officers not to trade

CHAPTER XII

SUBSIDIARY RULES

76. Additional powers to make rules 77. Penalties for breach of rules 78. Rules when to have force of law

CHAPTER XIII MISCELLANEOUS

79. Persons bound to assist Forest Officers and Police Officers 80. Management of forests, the joint property of Government and other persons. 80A. Power of Government to apply provisions of this Act to certain lands of Government or local authority. 81. Failure to perform service for which a share in produce of Government forest is enjoyed 82. Recovery of money due to Government 83. Lien on forest-produce for such money 84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act,

1894. 85. Recovery of penalties due under bond 85A. Saving for rights of Central Government 86. (Repeals)

5

1.05 Implementation of Indian Forest Act, 1927:- (i) Illicit Cutting:- Following important G.Rs., Circulars, letters etc. dealing with illicit felling on forest land are included as Appendices of this Volume. Appendices I (i) to I (vii)

Details of Appendix Appx. Kind Date

Illicit fellings : Measures for checking of – I (i) St. Order 01-06-1965

Need for prompt detection and speedy follow-up action in regard to illicit cutting of trees in Government Forests

I (ii) Circular 18-06-1981

To supply information about illicit fellings on forest land to the Govt.

I (iii) Letter 20-10-1981

Need for prompt detection and speedy follow up action in regard to illicit cutting of trees in Government Forests.

I (iv) Circular 07-03-1988

Review of Loss due to Illicit Felling in Forest through Quarterly Report (Revised)

I (v) Letter 21-07-1997

Revised measures of forest protection I (vi) G.R. 08-05-2003

Directions to decide the value of stumps of illicitly felled trees and of seized material

I (vii) St. Order 24-04-2009

(ii) Encroachment:- Important G.Rs., Circulars, letters etc. dealing with Encroachment on forest land are included in Compendium of MFM Volume II, which is maintained separately.

Documents related to the Encroachment on forest land are as follows :- {Annexures IB (1), to IB (11)}

Details of Annexure Annex. Kind Year/Date

Measures to be intensified to prevent Encroachment on forest land

IB (1) Letter 14-12-1981

Not removing encroachments in rainy season IB (2) Circular 15-09-2001

Timebound plan for removing encroachments -Establishment of Committees at different levels for removing Encroachments

IB (3) GR 04-09-2002

Timebound plan for removing encroachments -To give temporary stay for encroachment removing activities

IB (4) GR-Corrig. 04-09-02

17-09-2002


IB (5) GR-Corrig. 17-09-02

27-09-2002


IB (6) GR-Corrig. 27-09-02

30-09-2002

Timebound plan for removing encroachments -Establishment of Committees at different levels for removing Encroachments

IB (7) GR-Corrig. 04-09-02

15-03-2003

To depute Committees for checking eligibility of Forest Encroachers

IB (8) GR 10-10-2002


IB (9) GR 23-09-2003

About giving extension and procedure of submitting final report by the committees established for checking eligibility of Forest Encroachers

IB (10) GR 29-11-2003


IB (11) GR 23-04-2007

---------------------------

6

∗

Statutory Rules

(A) Bombay Forest Rules, 1942

2.01 Preface:- In exercise of the powers conferred by sections 26, 32, 41, 42, 51 and 76 of the Indian Forest Act, 1927

(XVI of 1927), and of all other powers enabling it in this behalf, and in supersession of all previous rules made in this behalf, the Government of Bombay has made Bombay Forest Rules, 1942 which are modified by Govt. of Maharashtra upto 23rd December 1969.

2.02 Salient Features (Transit Pass):- The transit of forest produce is governed by rule 66 of the Bombay Forest Rules, 1942 which provides

that no forest produce shall be moved into, or from, or within any district without a pass from authorized officer/person. No transit pass is required to transport the forest produce within the limits of the village and also local limits. Similarly transport of imported timber made by the Port Authorities from Port to Container Freight Station or Inland Container Depot, where the customs clearance is made, is also exempted vide notification dated 20/10/2004 from the applicability of rule 66 of the Bombay Forest Rules, 1942. Considering the convenience of the people, Government of Maharashtra has also exempted 12 species from the purview of transit permission namely,

Part II

Vide Notification no.TRS.1090/CR.32/90/F-6 dt.5/3/1990 1) Nilgiri (Eucalyptus) Vide Notification no.TRS.1090/CR.32/90/F-6 dt.21/6/1990 2) Babhul (Acacia nilotica) 3) Subabhul (Leucaena leucocephala) 4) Prosopis (Prosopis juliflora) Vide Notification no.TRS.1095/CR.34/F-6 dt.23rd October 1997 5) Ashok (Polyalthia longifolia) 6) Drumstick (Moringa oleifera) 7) Sindi (Phoenix sylvestris) 8) Orange (Citrusaurantium) 9) Chiku (Achras zapota) 10) Bhendi (Thespesia populnea) 11) Acacia (Acacia mangium) 12) Poplar (Populus) Vide Notification no.TRS.2009/CR.69/F-9 dt.9th August 2012 (Excluding Amravati, Yavatmal, Gadchiroli, Chandrapur, Nagpur, Thane, Nashik and Raigad Districts)

13) Bamboo Species – Calamus Strictus and Bambusa Bambos


7

2.03 Amended Bombay Forest Rules, 1942 (Upto 2010) related to Sections of the Indian Forest Act, 1927

Chapter No. and

Schedules included

in Bombay Forest Rules, 1942

Subject Rules Sections of the Indian Forest Act to which

the Rules relate

Remarks

I Preliminary 1 - 2 26(1)(b), 26(1)(i), 32(j)

and 76(d)

II Protection of Reserved Forests from fire

3 - 7

(Rules 3 to 7 stand repealed)

26(1)(b), 26(1)(i), 32(j)

and 76(d)

Rules 3 to 7 stand repealed since these rules are now framed under Maharashtra Forest (Protection of forests from fire) Rules, 1982.

III Hunting and shooting etc., in reserved and Protected forests

A - General Rules

B – Supplementary rules for districts other than the Kanara, Belgaum and Dharwar Districts

C - Supplementary rules for districts Kanara, Belgaum and Dharwar Districts

8 - 17

18 - 22

(Rules 8(c), 8(d), 8(e) and rules 9 to 22 stand repealed)

23 - 39

(Rules 23 to 39 are deleted)

26(1)(b), 26(1)(i), 32(j)

and 76(d)

Rules 8(c), 8(d), 8(e) and rules 9 to 22 stand repealed as per the section 66 of the Wildlife Protection Act, 1972.

Rules 23 to 39 are deleted by G.N. 22-12-1958 (B.F.R. 1942 amended upto 23-12-1969

IV Pasturing of cattle in Reserved and Protected Forests

40 26(1)(d), 26(2)(a), 32(i)

and 76(d)

V Cutting of trees, cultivation etc. in protected forests

A - Kanara district B - Thana, Kolaba and Nasik districts

C - Ahmednagar district

41 – 45

(Rules 23 to 39 are deleted)

46 - 51

52 - 65

32 and 76(d)

Rules 41 to 45 are deleted by G.N. 22-12-1958 (B.F.R. 1942 amended upto 23-12-1969

8

VI Transit of forest produce A - Forest Passes B - Passes issued by private persons C – Forest- produce imported otherwise than by sea D - Saving of recognised privileges E - Forest Depots F - Property and Transit marks. G - Stoppage in transit H - Obstruction of Channels I - Conversion of Timber within certain distance of Forests J - Exclusion of local areas from applicability of rules

66-70

71

72 - 76

77

78 - 81 82 - 84

85

86 - 87

88

89

41

VII Trees in occupied lands A - Preservation, protection and exploitation of reserved and other trees in occupied lands B - Conversion and marking of sandalwood C - Conversion of trees other than sandalwood

90 - 99

100 - 104

105 - 108

41 and 76

V III Drift and stranded Timber

109 - 113 51

IX Powers and duties of Forest Officers and Revenue officers

114 - 127 76(a)

X Contracts 128 76(d) and 85

XI Penalties and Rewards 129 - 130 42,51 and 76(b)

Schedule A Related to Rule 35 Deleted by G.N. 22-12-1958. (B.F.R. 1942 amended upto 23-12-1969)

Schedule B Related to Rule 42 (I) (f) (ii)

Schedule C Related to Rules 47(b) and 50

Schedule D and E Related to Rule 56

Schedule EE Related to Rule 88 Inserted by G.N. 12-09-1960. (B.F.R. 1942 amended upto 23-12-1969)

Schedule F Related to Rule 94 (I) (b) (i)

9

2.04 Bombay Forest Rules, 1942:- ( Modified upto 23rd December 1969) {Annexure IIA (1)} The list of Rules with Chapters of Bombay Forest Rules, 1942 is as follows:-

CHAPTER I PRELIMINARY

1. Short title and extent 2.Interpretation

CHAPTER II PROTECTION OF RESERVED FORESTS FROM FIRE

[ section 26 (1) (b) ]

3. Kindling etc. of fire on roads or paths adjoining or passing through reserved forests prohibited 4. Precautions to be taken in making ash-manure near a reserved forest 5. Kindling of fire within 200 yards from reserved forests prohibited 6. Precautions to be taken in kindling fire beyond 200 yards from a reserved forest 7. Partial operation of rules in the rainy season

Note :- Rules 3 to 7 stand repealed since these rules are now framed under Maharashtra Forest (Protection of forests from fire) Rules, 1982.

CHAPTER III

HUNTING AND SHOOTING ETC.,IN RESERVED AND PROTECTED FORESTS

[sections 26(1)(i),32(j) and 76 (d)]

A. General Rules 8. Acts prohibited in reserved and protected forests (a) the poisoning of rivers or other waters, the explosion of dynamite or other explosive therein, and the setting of cruives or basket traps for the purpose of killing or catching fish, (b) the setting of spring guns, snares or traps;

Note 1: Wildlife (Protection) Act 1972 makes specific recommendations regarding wild animals. Section 66 of the said act specifically states that "As from the commencement of this Act, every other Act relating to any matter contained in this Act and in force in a State shall, to the extent to which that Act or any provision contained therein corresponds, or is repugnant, to this Act, or any provisions contained in this Act stand repealed."

In view of the above, rules 8(c), 8(d), 8(e) and rules 9 to 22 of the Bombay Forest Rules 1942, made under Indian Forest Act 1927 automatically stand repealed.

Note 2: Rules 23 to 39 are deleted in Bombay Forest Rules, 1942 which are modified by Govt. of Maharashtra upto 23rd December 1969.

CHAPTER IV PASTURING OF CATTLE IN RESERVED AND PROTECTED FORESTS

[Sections 26 (1)(d), 26 (2)(a), 32 (i) and 76 (d) ]

40. Pasturing of cattle in forests prohibited except in areas specially assigned and except under a permit

CHAPTER V CUTTING OF TREES, CULTIVATION ETC. IN PROTECTED FORESTS

[Sections 32 and 76 (d)]

A. Articles 41 to 45 are deleted in Bombay Forest Rules, 1942 which are modified by Govt. of Maharashtra upto 23rd December 1969.

10

B. THANA, KOLABA AND NASIK DISTRICTS 46. Rules for protected forests of Thana, Kolaba and Peint 47. Definitions :- (In rules 48 to 51) 48. No forest produce may be removed from protected forest except by cultivators 49. Cutting etc. of trees prohibited to save as provided in these rules 50. Cultivators may cut down, lop or pollard certain injaili trees subject to restrictions 51. Trees other than injaili may be cut with permission

C. Ahmednagar District 52. Rules for protected forests of certain villages in Akola taluka 53. Lands of certain description may be cleared for cultivation 54. Unoccupied assessed land may be let out to resident villagers 55. Lands may be leased by public action 56. Lease and counterpart agreement to be executed in each case 57. Period of lease to be prescribed by State Government 58. Rent to be paid in two installments 59. Renewal of leases 60. Cancellation of leases 61. Appeals 62. Lessees may be granted concessions to remove forest produce from leased lands 63. Precautions to be taken while lopping trees 64. Privileges to be exercised in unoccupied fields by resident villagers 65. Restrictions on pasturing of cattle or removal of grass

CHAPTER VI TRANSIT OF FOREST PRODUCE

[Section 41]

A. Forest Passes 66. Regulation of transit of forest produce by means of passes 67. Officers and persons to issue passes 68. Passes what to contain 69. Separate pass for each load 70. Pass not to be tampered with

B. Passes issued by private persons 71. Books of blank passes to be supplied to persons authorised to issue them

C. Forest- produce imported otherwise than by sea 72. Foreign pass. 73. Form etc. of foreign passes must be registered in Conservator's office. 74. Divisional Forest Officer may refuse to register signature 75. Imported forest-produce may be conveyed to first depot without a pass under rule 67 76. Conservator may direct use of a transit mark for imported timber

D. Saving of recognised privileges 77. Saving of recognized privileges

E. Forest Depots 78. Depots and their purposes 79. Situation of depots to be published 80. Depot to be in charge of an officer 81.Vessels conveying forest produce by river to call a depot on banks

F. Property and Transit marks. 82. Property and transit marks to be affixed to timber exceeding a certain size 83. Registration of forms of passes or marks 84. Government marks not to be imitated or effaced

G. Stoppage in transit

85. Forest-produce in transit may be stopped and examined by certain officers

11

H. Obstruction of Channels 86. Prohibition of the obstruction of channels or banks of rivers 87. Measures to be taken for removal of obstructions

I. Conversion of Timber within certain distance of Forests 88. Prohibiting conversion of timber within certain distance of forests.

J. Exclusion of local areas from applicability of rules 89. Local areas to which the rules are not applicable to be published

CHAPTER VII

TREES IN OCCUPIED LANDS (Sections 41 and 76)

A. Preservation, protection and exploitation of reserved & other trees in occupied lands 90. Reserved trees 91. Cutting etc. of reserved trees in occupied lands prohibited except when permitted 92. Purchasers of reserved trees not to be obstructed in cutting and removing them 93. Occupants responsible for preservation of reserved trees 94. Royalty to be paid before cutting or removal of reserved trees and permission required for cutting etc. of

sandalwood and certain other timber 95. Mode of application for permission to cut and remove trees or timber 96. Enquiries to be made by the Divisional Forest Officer and grant of permission 97. Conditions of the permission to be observed by the applicant 98. Cutting, etc. to be done after marking 99. Transit rules in Chapter VI to apply in the matter of removal and conversion

B. Conversion and marking of sandalwood 100. Mode of application for permission for conversion or marking of sandalwood 101. Enquiry to be made by the Divisional Forest Officer 102. Conditions to be observed by the applicant 103. Private Property marks to be registered by dealers in sandalwood 104. Return of permit

C. Conversion of trees other than sandalwood 105. Mode of application for conversion of timber other than sandalwood 106. Enquiries to be made by Range Forest Officer and Issue of sawing permit 107. Conditions to be observed by the applicant 108. Return of sawing permit

CHAPTER VIII

DRIFT AND STRANDED TIMBER (Section 51)

109. Collection of drift and stranded timber and disposal thereafter 110. Registration of boats for salving and collecting timber 111. Persons collecting timber entitled to recompense 112. When collected timber belongs to private person such persons to pay all costs 113. No person other than authorised Forest Officer to mark timber

CHAPTER IX

POWERS AND DUTIES OF FOREST OFFICERS AND REVENUE OFFICERS

[Section 76 (a)]

114. Commissioner to be chief controlling authority 115. Duties of Commissioners 116. Collectors to be responsible for forest administration 117. Chief Conservator, his powers and duties

12

118. Powers of Conservators 119. Conservators to control Forest Officers 120. Procedure regarding departmental communications 121. Divisional Forest Officers 122. Powers of Collector and Divisional Forest Officer regarding local supply, public rights, pastures, etc. 123. Forest compartment not to be closed except under the orders of the Collector 124. Certain cases to be submitted through the Collector 125. Order of Forest officers to village-officers to be ordinarily sent through Mamlatdar 126. Forest guards not to leave beat for report to revenue or police officer 127. Action to be taken when felling of a compartment is delayed beyond due time

CHAPTER X CONTRACTS

[Sections 76(d) and 85]

128. Persons entering into contract with Forest-Officers should execute written instrument to perform contract and to pay expenses in case of breach.

CHAPTER XI

PENALTIES AND REWARDS [Sections 42, 51 and 76 (b)]

129. Penalties for breach of certain rules 130. Rewards out of fines and confiscations

2.05 Rule 88 and Amendments - Prohibiting conversion of timber within certain distance of forests

Amendments made to Rule 88 after 23rd December 1969 upto 06-05-2010 related to Saw Mills, included in Appendices of this Volume are as follows:-

Appx. Details of Appendix Notification No. Date

II (i) Bombay Forest (Amendment) Rules, 1981 SWM.1081/106836-F-6 16-07-1981 II (ii) Bombay Forest (Second Amendment)

Rules,1981 SWM.1081/106836(A)-F-6 19-08-1981

II (iii) Bombay Forest (Amendment) Rules, 1982 SWM.4582/200-F-6 08-07-1982 II (iv) Bombay Forest (Second Amendment)

Rules, 1982 SWM.1081/114157/(A)/F-6 19-11-1982

II (v) Bombay Forest (Amendment) Rules, 1985 SWM.1084/CR.13/A/F-6 17-05-1985 II (vi) Bombay Forest (Amendment) Rules, 1986: SWM.1084/CR.32/A/F-6 22-01-1986 II (vii) Bombay Forest (Amendment) Rules, 1992 SWM.1092/CR.94/(i)/F-6 14-07-1992 II (viii) Bombay Forest (Amendment) Rules, 1997 SWM.1096/CR.123(1)/F-6 22-07-1997 II (ix) Bombay Forest (Amendment) Rules, 1998 SWM.1096/CR.123(1)/F-6 06-11-1998 II (x) Bombay Forest (Amendment) Rules, 2001 TRS 11/2000/CR.534/F-6 07-06-2001 II (xi) Bombay Forest (Amendment) Rules, 2003 .SWM.1093/CR.331/F-6 dt. 03-11-2003 II (xii) Bombay Forest (Amendment) Rules, 2010 SWM.1093/CR.331/F-6 dt. 06-05-2010

Considering the above Notifications (Appendices), the Consolidated (Amended / Added / Updated) Sub-Rules of Rule 88 of Bombay Forest Rules, 1942 (Amended upto 23rd December 1969), at a glance are as follows:-

Remarks:- (i) The designations of the Officers mentioned in sub-rules pertain to the period related to respective amendment.

(ii) Appendix No. is superscripted near the added / amended part.

13

1. (i) Within the limits of any reserved or protected forests (whether in charge of Forest or Revenue Department) or of any land in respect of which a notification under section 4 declaring that it has been decided to constitute such land a reserved forest has been issued, and within one mile of such limits, no person shall establish a saw pit for cutting or converting of timber or manufacture charcoal without the previous sanction in writing of the Range Forest Officers; or

(ii) Within the limits of any reserved or any protected forest, or any land referred to in clause (i) and within ii[eighty kilometers]ii of such limits, no person shall erect or operate any machinery or saw mill for cutting or converting of timber, without obtaining a licence in that behalf.

2. Any person desiring to establish a saw pit or to manufacture charcoal under clause (i), or to erect or operate any machinery or saw mill under clause (ii), of sub- rule (1) shall make an application in that behalf to the Range Forest Officer and Divisional Forest Officer, respectively; Provided that where within a period of one month from the date of the application the applicant fails to receive the sanction under clause (i) of sub-rule (1), the applicant may proceed to establish the saw-pit or to manufacture charcoal, but not so as to contravene any of the provisions of the Act or any rules made thereunder.

3. On receipt of an application under sub-rule (2) the Range Forest Officers, or as the case may be, the Divisional Forest Officer, shall make such inquiry as he deems fit and after satisfying himself on the question whether or not there would be any objection to granting the sanction or licence applied for having regard to safe-guarding the timber in any reserved or protected forest or in any land referred to in sub-rule(1), may grant the sanction or licence in the form in the schedule EE subject to the conditions set out therein, or refuse to grant the sanction or licence.

v [Provided that, where the State Government is satisfied, having regard to the facts and circumstances in any case or class of cases and the need for conservation of forests, that any additional conditions are required to be included in any licence or class of licences, the State Government may, by order, direct that such additional conditions as may be specified in the order shall be included in the licence or class of licences to be granted by the Divisional Forest Officer.]v

4. Every licence granted or renewed under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st day of December next following the date of its issue or renewal.

ix[4a. Notwithstanding anything contained in sub-rule(4), in case the renewal fee is paid for ten years at a time under

sub-rule (6A), then, every licence granted or renewed under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st December of 10th year of following the date of its issue or renewal.]ix

5. The Divisional Forest Officer may, on application made to him renew the licence issued under sub-rule (3) with effect from the date of its expiry.

6. An application for renewal of licence shall be made before the expiry of the period of the licence; and failure to renew will render the licensee liable to punishment for operating the saw mill without a licence.

ii[6A. No licence to erect or operate any machinery or saw mill under clause (ii) of sub-rule(1) and no renewal of a

licence issued under sub-rule (3), shall be granted, unless the applicant or the licensee, as the case may be, pays the licence fee of viii[Rs. 1000/-]viii or the renewal fee of x[ Rs. 750/-]x per year per cutting or saw machine installed in the saw mills.]ii

viii[The licensee, if desires, may be allowed to pay in advance, the aforesaid fee for a period of ten years at a time.]viii

vi[6(B). Where it is shown to the satisfaction of the licencing authority that the original licences granted under sub-rule

(3) has been lost, torn, defaced or mutilated in any other manner before the expiry of the period of such licence, a duplicate of the said licence shall be granted to the licensee on payment of a fee of x[Rs. 750]x]vi.

14

vii[6(C). For the purpose mentioned below, the fees respectively mentioned against each of them shall be charged :

1) For transfer of licence in the x[Rs. 3000/-]x per licence name of the legal heir or purchaser 2) For relocation of Saw mill x[Rs. 5000/-]x per licence

3) For transfer of saw mill licence x[Rs. 7500/-]x per licence from one person to another including relocation of saw mill from one place to other. ]vii

7. Notwithstanding anything contained in the foregoing sub-rules, the Divisional Forest Officer, may, where he has reason to believe that a licensee is operating the saw-mill in contravention of the provisions of these rules and the conditions of the licence or the licensee is indulging in activities prejudicial to the interests of forest conservancy, at any time, ii[ suspend the licence for a period not exceeding three months or revoke the licence granted under these rules without prejudice to any other action which may be, or may have been, taken under the Act, or these rules for such contravention or activities.] ii

8. Where a Divisional Forest Officer refuses to issue, or renew, ii[or suspends]ii or revokes a licence granted under this rule, he shall do so by an order communicated to the applicant or holder, as the case may be, giving reasons in writing for such refusal, ii[suspension]ii or revocation.

ii [9.(i) Any person aggrieved by an order made under the sub-rule (8), may, within 30 days of the service on him of the order, appeal to the Conservator of Forests, who shall decide the appeal after giving such person and Divisional Forest Officer making the order, an opportunity of being heard.

(ii) Any person aggrieved by the appellate order of the Conservator of Forests may, within 30 days of the service on him of such order, prefer a second appeal to the Chief Conservator of Forests, who shall decide the second appeal after giving such person an opportunity of being heard and the decision of the Chief Conservator of Forests shall be final.] ii

iii[Provided that where the licence of any person is revoked for the first time and the order of revocation is confirmed by the Chief Conservator of Forests in the second appeal, the licensee may, within a period of six months from the date of the order of the Chief Conservator of Forests in the second appeal, submit a petition to the State Government, for restoration of his licence. On receipt of any such petition, the State Government may, after giving a reasonable opportunity of being heard to the petitioner, and having regard to the nature of the contravention or prejudicial activities for which the licence was revoked, the salutary effect of the revocation on the petitioner and any new facts which may have been brought to the notice of the State Government, restore the licence with effect from any specified date, not earlier than twelve months but not later than thirty-six months from the date of actual closure of the saw mill, or may reject the petition for reasons to be recorded. Any order made by the State Government shall be communicated to the petitioner.] iii

xi[10. Nothing contained in this rule, including any directions issued by the State Government under sub-rule (11) of this rule, shall apply to the ordinary operation of domestic carpentry or to the other similar work on a small scale.]xi xii[Explanation :- For the purposes of this rule, the expression, "other similar works on a small scale" shall mean and include carpentry units which are not involved in sawing and/or processing of round timber but undertake re-sawing operations of sawn timber for carpentry works for making small wooden articles such as toys, photo-frames, boxes, small agricultural implements, bullock carts, household articles etc. taken up as a vocation in the form of cottage industry or small scale industry using a circular saw of diameter 12” or below but shall not include other saw mills or small-scale industries.]xii

i[11.(a) The powers conferred by this rule on the Divisional Forest Office of granting a licence for erecting or operating any machinery or saw mill for cutting or converting of timber and of refusing, renewing and revoking such licence, shall be exercised by him under the iv[general control]iv of the State Government.

(b) Where the State Government is satisfied that for the Conservation of trees and forests or for carrying out any other purpose of the Act, it is necessary to issue directions to the Divisional Forest Officer, licensees and other persons concerned, for their guidance in matters of policy to be followed in public interest in regard to the issue,

15

refusal, renewal, ii[suspension]ii or revocation of licences under this rule, generally or in any specified category of cases, the State Government may, from time to time, by notification in the Official Gazette, issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensee and other person concerned.]i

Note:- Details about Directions issued by Government of Maharashtra in exercise of the powers conferred by clause (b) of this sub-rule 11 of rule 88 of Bombay Forest Rules, 1942 are discussed in Article 2.06.

*[ 12.(a) The powers conferred by this rule on the Range forest Officer of granting or refusing sanction for manufacture of charcoal shall be exercised by him under the general control of the State Government.

(b) Where the State government is satisfied that for conservation of trees and forest or for carrying out any other purpose of the Act, it is necessary to issue directions to the Range Forest Officers, sanction holders and other persons concerned for their guidance in matters of policy to be followed in public interest in regard to the issue or refusal of sanctions under this rule, generally or in any specified category of case, the State Government, may, from time to time, by notification in the Official Gazette issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensees and other persons concerned.]*

*Added vide Notification dated 03-09-1987 (Base:- Book - Law relating to Animals and Forests in Maharashtra, Part II, Chapter VIII, Page Nos. 545, 546, Author: Advocate U.P. Deopujari)

**[Direction:- In pursuance of the powers conferred by sub-rule (12) of rule 88 of the Bombay Forest Rules, 1942, the government of Maharashtra, being satisfied that it is necessary to do so, hereby issues the directions for the guidance of the sanctioning authorities, sanction holders and other persons concerned, in regard to the grant of new sanctions under the said rule 88 for manufacture of charcoal that no new sanction for manufacture of charcoal under the said rule shall be granted by the Range Forest Officer until further orders are issued by Government in this respect.]**

**Notification:- MSC-1087/78252(i)/CR-296/F-6, dt. 03-09-1987 (Base:- Book - Law relating to Animals and Forests in Maharashtra, Part II, Chapter VIII, Page No. 574, Author: Advocate U.P. Deopujari)

----------

[SCHEDULE – EE]

(See rule 88)

Licence to erect/operate machinery/saw mill for cutting or converting of timber

Registered No. Licence is hereby granted to Shri ................................ of……………………………

(hereinafter called “the licensee”) to erect machinery / operate Saw mill for cutting / converting of timber at

(Please give full address as below)

a) i) Name of the saw mill …………….

ii) Plot/Survey No. ……………..

iii) Name of the locality .................................

iv) Name of the city/town/village …………..

v) Taluka and district …………

b) The saw mill is surrounded by:

i) To the east:

ii) To the west

iii) To the south

iv) To the north

subject to the provisions of the Indian Forest Act, 1927, in its application to the State of Maharashtra and the rules made thereunder and the following conditions, namely:-

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CONDITIONS

1. This licence shall remain in force for the period commencing on ............... and ending on the ................ 20..... ii [2. The licensee may erect/operate the machinery/saw mill required for cutting or converting of timber within 80 kms. of …………..at …….. (hereinafter referred to as the saw mill) which will consist of cutting or sawing machines of the following description :-

………………………………………………………………………………………………… Description of the cutting or sawing machine

----------------------------------------------------------------------------------------------------------------] ii

Sr.No. Kind of saw (horizontal, vertical, circular)/other machinery Size Number ---------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------

3. The licensee shall not alter the location of the saw mill without obtaining the prior written permission of the Divisional Forest Officer.

4. The licensee shall maintain such registers and submit such periodical returns as may be directed by the Divisional Forest Officer within whose jurisdiction the saw mill is located.

5. The licensee shall see that -

(a) the site of the saw mill including the yards for storage of round timber, sawn timber, and waste wood is enclosed within a fence fitted with proper gates.

(b) all the round timber, sawn timber and wood waste is properly stacked, according to the instructions, that may be issued from time to time by the supervisory staff so as to facilitate stock taking.

(c) timber for sawing or conversion is not accepted unless it bears property mark and is covered by a forest transit pass or other documentary evidence such as a cash receipt from the timber merchant.

(d) timber which does not conform to the requirement of clause(c) is not accepted for conversion and intimation in respect of such timber is forthwith given to the supervisory guard or the nearest forest officer.

(e) the saw mill as well as the timber stored within premises of the saw mill is open to inspection at all times by any Officer of the Forest Department or by any member of the supervisory staff appointed for this purpose.

(f) The licence and the registers maintained under condition 4 are produced for inspection on demand by any authority aforesaid.

(g) The saw mill shall not be operated in the period from sunset to sunrise without a valid written permission from the Licensing Authority. However, in case the saw mill Licensee feels that the saw mill is required to be operated during this period in order to complete customer's urgent work then he should apply in advance in writing to the Licensing Authority and obtain its advance written permission. He should also note the time and date of operating the saw mill during the said period in the Remarks column of the Register to be maintained in the saw mill.

Annexure IIB (10)

6. The licence shall be transferable and where it is transferred, the transfer shall, on transfer of the licence, forthwith inform the Divisional Forest Officer or such transfer and the transferee shall hold the licence for the period specified therein.

Seal of the Forest Officer

Dated ........ day of ........

Divisional Forest Officer (Signature of)

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2.06 Directions issued by Government of Maharashtra in exercise of the powers conferred by clause (b) of the sub-rule 11 of rule 88 of Bombay Forest Rules, 1942:-

(i) Directions for the guidance of licensing authorities, licensees and other persons concerned, in regard to the grant of new licences:-

In exercise of the powers conferred by clause (b) of the sub-rule 11of rule 88 of Bombay Forest Rules, 1942, the Government of Maharashtra has issued directions vide Notification dated 16-07-1981 for the guidance of licensing authorities, licensees and other persons concerned, in regard to the grant of new licences under the said rule 88 for erecting or operating any machinery or saw mill for cutting or converting of timber. Appendix II (i)

These directions are further amended vide Notifications dated 19-08-1981, 01-08-1982, 30-06-1983 and 15-03-2003. Appendices II (ii), II (xiii), II (xiv), II (xv)

Considering the above Notifications (Appendices), the Consolidated (Amended / Added / Updated) Directions (related to above subject) at a glance are as follows:-

Remarks:- (i) The designations of the Officers mentioned in directions pertain to the period related to respective amendment. (ii) Appendix No. is superscripted near the added / amended part.

1. Until further orders are issued by the State Government, no new licence under the said rule 88 shall be granted by the D.F.O., except where a no objection certificate for the establishment of a saw mill was given by the Forest Department, prior to the date of issue of these directions, and except with the ii[prior approval of the Conservator of Forests,]ii provided that the following conditions are also satisfied:-

(1) The applicant has purchased machinery or incurred financial or other liabilities of a substantial nature, prior

to the date of issue of these directions.

(2) The applicant has fulfilled other formalities relating to industrial licence, municipal licence, etc.etc.

(3) The saw mill is to be located at least 10 kilometers outside the boundary of any reserved or protected forest.

xv[Explanation:- For the purpose of Condition No. 3, while measuring the distance of 10 kilometers for the Saw Mill from the boundary of any forest, the shortest distance by the road shall be taken into consideration.] xv

xv[1A. The direction No.1 shall not apply for the renewal of the licences in respect of the Saw Mills, which have been erected or operating prior to the 16th July 1981 under valid licences.] xv

2. Where, in the opinion of the xiii[C.C.F.] xiii, there is substantial tree growth in any area, which is at least 25 kilometres from the boundary of any reserved or protected forest and which is not served by any saw mill, or which is served by only one saw mill, the xiii[C.C.F.] xiii may by order approve the issue of a new licence or a second licence, as the case may be, by the D.F.O., in order to provide the facility of a saw mill in that area or to eliminate the monopoly of the existing saw mill in that area, as the case may be.

ii[3. Where a saw mill was actually in operation on the 16th July 1981 without a valid licence and the xiii[C.C.F.] xiii is satisfied that the closure of such saw mill should not be proper in the public interest, having regard to the substantial investment made and the services rendered by it to the members of the community in the area, the xiii[C.C.F.] xiii may, subject to conditions specified in sub-clauses (2) and (3) of clause (1), by general or special order, approve the grant of licence by the D.F.O. to such saw mill.

Provided that, an application in that behalf is made to the licensing authority on or before the 30th September 1981 and the applicant pays all the amount equal to the sum total of the licence fee and the renewal fee for the entire period since the initial commencement of the operation of the saw mill.

Explanation:- For the purpose of this clause, a saw mill shall be deemed to have been actually in operation on the 16th July 1981 notwithstanding the fact that its operation was stopped or suspended earlier at the instance of the D.F.O. on the ground of not holding a valid saw mill licence.] ii

ii[4. Notwithstanding anything contained in these directions, the xiii[C.C.F.] xiii may, for reasons to be recorded in writing, by order, approve the grant of a new licence by the D.F.O. in any case where it is satisfied that such grant of a licence is necessary to remove genuine and extreme hardship to an applicant or in public interest.] ii

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xiv[5(1). Notwithstanding anything contained in these directions, the State Government may suo motu call for and examine the record of any case or proceedings of the C.C.F. or any subordinate officer of the Forest Department for the purpose of satisfying itself as to the legality or propriety of any decision or any order passed by the C.C.F. or such other officer.

(2) If the State Government is satisfied that any decision or order in any proceedings so called for should be modified, annulled or reversed, it may issue such directions to the C.C.F. or any subordinate officer as it may deem fit and thereupon; the C.C.F. or concerned officer shall modify or annul or revise the decision or order, as the case may be, in accordance with such directions.]xiv

(ii) Directions about the powers exercised by C.C.Fs. and C.Fs. relating to relocation of licensed saw mills and transfer of ownership of such saw mills on account of owner’s death or sale of the saw mill or both:- Considering the Notification dated 06-11-2001 (Appendix II (xvi)) and amendments dated 29-08-2002, 16-07-2010 and 09-09-2010 to Notification dated 06-11-2001 (Appendices II (xvii), II (xviii), II (xix)), the Consolidated (Amended / Added / Updated) Direction (related to above subject), at a glance is as follows:-

Remarks:- (i) The designations of the Officers mentioned in the direction pertain to the period of respective amendment.

(ii) Appendix No. is superscripted near the added / amended part.

1. In exercise of the powers conferred by clause (b) of the sub-rule 11 of rule 88 of Bombay Forest Rules, 1942 and in supersession of all notifications issued in this behalf, the Government of Maharashtra being satisfied that it is necessary to do so, hereby has issues direction that the powers exercised by C.C.Fs. and C.Fs. relating to relocation of licensed saw mills and transfer of ownership of such saw mills on account of owner’s death or sale of the saw mill, or both, shall be exercised by them subject to the condition mentioned in the Schedule hereto appended. [

2. The powers shall be exercised by –

(a) the xviii[C.C.F. (Protection)] xviii when the relocation of saw mill is from one circle to another; and

(b) the xviii[C.C.F. / C.F.] xviii, -- (i) when such relocation is within the circle or within the division; or (ii) for transfer of ownership of saw mill, -- (a) on account of sale, or (b) on account of owner’s death, to the legal successor of the deceased; within the circle or the division;

Provided that, no relocation shall be permitted by the xviii[C.C.F. (Protection)] xviii or xviii[C.C.F. / C.F.] xviii, on site within 10 Kms. of xvii[any reserved forest or protected forest] xvii,

xviii[Provided further that the saw mill in operation with a valid licence shall be permitted by the competent authority for relocation within the limits of same Municipal Corporation or Municipality, or within the limits of the same village as the case may be, subject to such conditions as may be stipulated by the competent authority, and local reservation by the concerned Planning Authority of the area, if such saw mill is already located within 10 kms of any existing forests.] xviii

and

xix[Provided further that the saw mills having licences issued prior to 16th July 1981 and were located beyond 10 Kms. from the boundary of the Reserved and / or Protected forests but were subsequently relocated to a site within 10 Kms. from the Reserved and / or Protected forests between 16th July 1981and 5th November 2001, both days inclusive, shall be permitted by the competent authority to operate at such relocated site, subject to valid documentary proof of relocation.]xix

3. An appeal shall lie to the xviii[C.C.F. (Protection)] xviii against the decision of the xviii[C.C.F. / C.F.] xviii, and to the State Government against the decision of xviii[C.C.F. (Protection)] xviii, respectively.

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Schedule

1. Conditions for relocation of saw mills:- (1) A notice at the cost of the applicant should be issued in two local newspapers at the place of relocation to

invite objections on the proposed transfer. The objections, if any, should be duly considered before a decision in the matter is taken by the concerned forest officer.

(2) The applicant should produce sufficient proof about the availability of adequate raw material at the new location.

(3) The concerned Forest Officer should satisfy himself that adequate supervision by Forest Officers would be possible at the place where the relocation is sought.

(4) The applicant will have to pay transfer fee as prescribed by Government from time to time.

2. Conditions for transfer of ownership of saw mill on account of owner’s death:- (1) In each of the cases the succession certificate or certificate from a competent authority in this respect or a court of law, should be produced by the applicant.

(2) The unit shall not be sub-divided.

(3) The number of saw machines should not be increased as a result of such transfer.

(4) The applicant will have to pay transfer fee as prescribed by Government from time to time.

3. Conditions for transfer of ownership of saw mill on account of sale:- (1) The authenticity of the connected sale documents should be verified.

(2) A notice at the cost of applicant regarding change of ownership should be issued in at least two local newspapers and only after hearing the objections, if any, such change should be effected.

(3) The applicant will have to pay transfer fee as prescribed by Government from time to time. -------

2.07 List of Other Appendices and Annexures related to Bombay Forest Rules, 1942:-

(i) Other Appendices:- Some other important Notifications, letters etc. related to Bombay Forest Rules, 1942 are also included as Appendices of this Volume. Appendices II (xx) to II (xxv)

Appx. Details of Appendix Kind Year/Date

II (xx) Bombay Forest (Amendment) Rules, 1999 - Revision in Bombay Forest Rules, 1942

Notific. 22-09-1999

II (xxi) Bombay Forest (Amendment) Rules, 1992 (old sub-rule10 of rule 88)

Gazette 04-06-1993

II (xxii) Relocation of saw mills and transfer of ownership of saw mills, etc. (updated by Notif. Dated 06-11-2001)

Gazette 28-08-1991

II (xxiii) Regularisation of Saw mills within dist. of 10 km from RF / PF

Letter 20-03-2003

II (xxiv) Implementations as per order of High Court dated 07-02-2002 in para 16(iv)

Letter 11-01-2005

II (xxv) Implementations as per order of High Court dated 07-02-2002 in para 16(iii), (iv)

Letter 12-01-2005

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(ii) Annexures:- Important G.Rs., Circulars, letters etc. related to saw mills are included in Compendium of MFM Volume II, which is maintained separately.

Documents related to the saw mills are as follows :- {Annexures IIB (1), to IIB (16)}

Annex. Details of Annexure Kind Year/Date

IIB (1) Grant of Licences for erecting or operating machinery or saw mills for cutting or converting of timber

Letter 29-08-1981

IIB (2) Grant of Licences for erecting or operating machinery or saw mills for cutting or converting of timber

Circular 26-10-1981

IIB (3) The Bombay Forest (Amendment) Rules 1981, Bombay Transit of Forests Produce (Vidarbha Region and Saurashtra and Kutch areas) (Amendment) Rules 1981 and The Hyderabad Transit of Forest Produce (Bombay) (Amendment) Rules, 1981

Circular 31-10-1981

IIB (4) Scrutiny of applications for grant of saw mill licences Letter 19-11-1981

IIB (5) Grant of saw mill licenses -Precautionary remedies and measures

Circular 20-09-1982

IIB (6) Grant of saw mill licence - Procedure regarding Circular 07-07-1983

IIB (7) Timber Account Register to be maintained by saw mills prescribing of forms regarding

GR 22-02-1984

IIB (8) Grant of saw mill licences within the forest limit Gazette 18-08-1984

IIB (9) Saw mills Rules Letter 03-02-1986

IIB (10) Ban on running Saw mills at night Order 17-12-1986

IIB (11) Reporting registers to be kept by Private saw mills Circular 08-11-1989

IIB (12) About Rule 88 regarding Saw mills licence under B.F.R. 1942

Letter 01-10-1990

IIB (13) To give permission for fixing additional horizontal saw machinery in saw mill

Letter 15-09-1994

IIB (14) Guidelines for transfer of saw mill licence / relocation of saw mills

Letter 13-01-2000

IIB (15) Decisions taken by Central Govt. Committee regarding Plywood - Vineer industries

Letter 23-06-2006

IIB (16) Regarding issue of saw mill licence Letter 01-12-2011

(B) Maharashtra Forest (Protection of forests from fire) Rules, 1982

2.08 Preface:- In exercise of the powers conferred by clause (h) of section 32 read with clause (d) of section 76 and sub-

section (1) of section 78 of the Indian Forests Act, 1927 (XVI of 1927) in its application to the State of Maharashtra, and of all other powers enabling it in that behalf, the Government of Maharashtra, has made the Maharashtra Forest (Protection of forests from fire) Rules, 1982. {Annexure IIC (1), IIC (2)}

2.09 Maharashtra Forest (Protection of forests from fire) Rules, 1982:- The list of contents of Maharashtra Forest (Protection of forests from fire) Rules, 1982 is as follows:-

1. Short title and extent 2. Definitions 3. Kindling of fire within one kilometer from a forest prohibited.

21

4. Precaution to be taken in kindling fire beyond one kilometer from forests 5. Precautions to be taken in burning rabs or preparing ash-manure near forest 6. Restriction on collection of inflammable forest produce or inflammable material outside the boundary of, or from, forest. 7. Precautions to be taken at camping places. 8. Partial operation of the rules in the rainy season. 9. Repeal and saving. Schedule

2.10 Protection of Forests from Fire:- (i) Fire Protection:- Protection of forests from fire is described in Part VI, AO:14 of this Volume in details. (ii) Rules for Fire Protection Operations:- Management and working of Reserved Forests (C.P. and Berar’s Manual) Annexure IIC (3)

---------------------------

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∗


Part III Statutory Orders

[A] STATUTORY ORDERS UNDER INDIAN FOREST ACT, 1927

3.01 Powers of Officers (S. 2, 25, 61, 68, 72 and 85) SO:01 Powers of Forest Officers under the Forest Act:-

(G. No. 4335/39(d) dated 01-10-1942) In exercise of the powers conferred by sections 2, 25, 61, 68 and 72 of the Indian Forest Act, 1927 (XVI of

1927) and in supersession of any orders in force under those sections in any part of the State, the Government of Bombay is pleased: --- (BFM II, 01)

(i) To empower and appoint the following officers of the Forest Department to do anything required to be done by a Forest Officer under the Sections of the said Act specified against them :-

Forest Officer Sections

(a) Conservators. Section 17. (b) Conservators and Deputy and Sections 21, 46, 56, 57, Assistant Conservators. 68 and 72. (c) Range Forest Officers Sections 56 & 57. (d) Conservators, Deputy and Sections 26(2) (a), Assistant Conservators, 34, 44, 45, 52, 64, 66, 70 Rangers, Foresters and Forest Guards. and 79.

(ii) To authorize every Collector to be the officer with whose previous sanction the Forest Officer should exercise

the power under section 25 of the said Act to stop public or private ways and water courses in reserved forests;

(iii) (a)To appoint all Collectors and Assistant and Deputy Collectors and all Mamlatdars/Tahsildars and

Mahalkaries in the Province of Bombay to be forest Officers for all the purposes of the said Act and the Bombay Forest Rules, 1942 with respect to such reserved or protected forests within the limits of their respective charges, as may from time to time, be under the management of the Revenue Department;

(b) Subject to the provisions of sub-section (3) of section 68 of the said Act, to invest the said Officers, with the power specified in section 68 of the said Act, with respect to such forests; and

(c) To invest all Collectors with the power specified in section 61 of the said Act;

(iv) To appoint all Circle Inspectors, Village Accountants and Revenue or Police Patels in the Province of Bombay to be Forest Officers for the purposes of Sections 52, 64 and 66 of the said Act, with respect to such forests within the limits of their respective charges as may from time to time be under the management to the Revenue Department;

(v) To appoint all officers of the customs, salt and excise department to be forest officers for the purposes of carrying out the provisions of section 52 of the said Act and rule 85 of the said Rules;

Note:- Matter from original statutory order which is not applicable nowadays is not included.

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SO:02 Powers of certain Range Forest Officers to issue search warrants:- (G.N. 4335/39(e), dated 01-10-1942)

In exercise of the powers conferred by clause (c) of sub-section (1) of section 72 of the Indian Forest Act, 1927 (XVI of 1927), the Government of Bombay is pleased to invest the forest Officers who have completed five years service as Ranger with the power specified in the said clause, namely the power to issue a search warrant under the Code of Criminal Procedure, 1898. (BFM II, 02)

Note:- Matter from original statutory order which is not applicable nowadays is not included.

SO:03 Power to recover penalties under the Forest Act:- (I.F.A.1056-J dated 11-01-1957 and 1059/21080-II-J of 22-08-1960)

In exercise of the powers conferred by sub-section (2) of the section 85 of the Indian Forest Act, 1927 (XVI of 1927) in its application to the State of Maharashtra, the Government of Maharashtra hereby:- (i) authorizes the Divisional Forest Officer of a Division or the Sub-Divisional Forest Officer of an independent Sub-Division to decide the question referred to him under sub-section (2) of the Section 85 of the said Act, and (ii) appoints the Chief Conservator of Forests to be the appellate authority for the purpose of the sub-section (2) of section 85 of the said Act.

SO:04 Powers conferred by the section 72 of the Indian Forest Act, 1927 (XVI of 1927) to the Forest Officers (R.F.Os. and Foresters):-

(G.No. S.30/10/2000/CR-456/F-6, dt. 12-04-2002 (Corrig. of Notif.-dt. 21-04-2001) In exercise of the powers conferred by sub- section (1) of section 72 of the Indian Forest Act, 1927 (XVI of

1927), in its application to the State of Maharashtra, the powers enabling in this behalf to the Forest Officers (R.F.Os. and Foresters) are described in Appendix III (i).

3.02 Notifications Reserving and Prohibiting Certain Acts in Protected Forests (S.30, 32)

SO:05 Reservation of trees and prohibition of certain acts in the Protected Forests of the Vidarbha Region of Maharashtra State:-

(G.No. FLD-4657/193064-F dated 19-12-1968) In exercise of the powers conferred by section 30 of the Indian Forest Act, 1927 (XVI of 1927) in its

application to Vidarbha Region, the Government of Bombay declared certain classes of trees in the protected forests in the Vidarbha area of the State of Bombay to be reserved on and with effect from the 25th January, 1958. Appendix III (ii)

SO:06 Bombay Protected Forests (Vidarbha Area), Rules, 1958:- (G.No. FLD-4657/103064-E dated 19-12-1958)

In exercise of the powers conferred by section 32 of the Indian Forest Act, 1927 (XVI of 1927), the Government of Bombay had framed the Rules, namely Bombay Protected Forests (Vidarbha Area), Rules, 1958. Appendix III (iii)

SO:07 Reservation of trees and prohibition of certain acts in the Protected Forests of the

Marathwada, Konkan and Western Maharashtra Region of Maharashtra State:-

(G.No. S.30/97/C.R.39/F-3 dated 27-11-2001) In exercise of the powers conferred by section 30 of the Indian Forest Act, 1927 (XVI of 1927) in its

application to Marathwada, Konkan and Western Maharashtra Region, the Government of Maharashtra declared certain classes of trees in the protected forests in the Marathwada, Konkan and Western Maharashtra area of the State of Maharashtra to be reserved. on and with effect from the 27th November, 2001. Appendix III (iv)

SO:08 Marathwada, Konkan and Western Maharashtra Rules, 2001:-

(G.No. S.30/97/C.R.39/F-3 dated 27-11-2001) In exercise of the powers conferred by section 32 of the Indian Forest Act, 1927 (XVI of 1927), the

Government of Maharashtra had framed the Rules, namely Marathwada, Konkan and Western Maharashtra Rules, 2001. Appendix III (v)

24

SO:09 Reservation of trees and prohibition of certain acts in the Protected Forests (Mangrove Forests) of the Konkan Region of Maharashtra State:-

(G.No. S.10/2012/C.R.123/F-3 dated 20-09-2012) In exercise of the powers conferred by section 30 of the Indian Forest Act, 1927 (XVI of 1927) in its

application to Konkan Region, the Government of Maharashtra declared certain classes of Mangrove trees in the protected forests (Mangrove Forests) in the Konkan area of the State of Maharashtra to be reserved on and with effect from 20-09-2012. Appendix III (vi)

3.03 Control of Forest Produce in Transit (S. 41 and Rules 66 to 91) SO:10 to 13 Control of Forest Produce in Transit:-

Govt. of Maharashtra has issued Notifications amending transit rules in respect of a no. of species and exempted them from the requirement of transit pass.

SO:10 Government Notification No.TRS.1090/CR-32/90/(iii)F-6, Dt.05/03/1990 –1 species (Nilgiri) SO:11 Government Notification No.TRS.1090/CR-32/90/(iii)F-6, Dt.21/6/1990 –3 species (Babhul, Subabhul

and Prosopis) SO:12 Government Gazette No.TRS.1095/CR-34/F-6, Dt.23/10/1997 –8 species (Ashok, Drumstick,

Sindi, Orange, Chiku, Bhendi, Acacia and Poplar)

SO:13 Government Notification no.TRS.2009/CR.69/F-9, Dt.09/08/2012 – 1 species (Bamboo Species - Calamus Strictus and Bambusa Bambos)

{Annexures III (1), III (2), III (3), III (4)}

[B] STATUTORY ORDERS CONCERNING FOREST OFFICERS AND FOREST MATTERS

UNDER OTHER ACTS

3.04 Statutory Orders concerning Forest officers and Forest matters under Other Acts

SO:14 Powers of Forest Officers under Indian Arms Act 1878 (XI of 1878) (Power to disarm):- Under S. 13 of the Indian Arms Act, Conservator of Forests, Deputy Conservators of Forests, Assistant

Conservators of Forests, Rangers, Foresters and Forest Guards, by virtue of their offices have been empowered to disarm persons going armed without a licence or in contravention of its provisions. The arm of which the person is dispossessed should forth-with be sent with a report to the nearest Police Station. (Paragraph 121 of the Bombay Arms Act Manual, 1953)

Note: - Arms possessed and carried by officers of Government as part of their equipment, e.g. revolver, in the case of military and police officers, and arms supplied by Government to subordinates of the Police, Forest, Postal and other Departments, to the members of the Home Guards, to be possessed or carried by them for their protection in the execution of their duty do not require a licence. (Paragraph 26 (1) of the Bombay Arms Act Manual, 1953)

Note: - Officers of Government should not dispose of arms and ammunition to any person without making sure that such person is lawfully entitled to purchase or possess the same. (J.3069 of 2-5-1900 and paragraph 60 (3) of the Bombay Arms Act Manual, 1937). (Note 131 of statutory order 18 of Part III of BFM II)

Note: - Sale of confiscated revolvers and pistols to Police and Other Officers of Government: - There is no objection to the sale of revolvers and pistols of "non-prohibited bores" to Government servants and others who are duly licensed to possess them. The Government of India, however, desire that Government servants according to the needs of each category should always be given preference over others. (Paragraph 70 of the Bombay Arms Act Manual, 1953)

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SO:15 Powers of Forest Officers under the Bombay Minor Mineral Extraction Rules:- Under Rule 2(1) of the Bombay Minor Mineral Extraction Rules, 1955, the Forest Officers shown below

have been declared as "Competent Officers" for the purpose specified against them for the areas within their jurisdiction :-

(i) The Divisional Forest Rule 2(1)(i)(a) to be Officer of the Division competent officer or the Sub-Divisional in the case of lands Forest Officer of an in charge of Forest independent Sub-Division. Department. (G.N. D.D. No. MNL 2155/83172-M, dt. 07-03-1955)

(ii) Range Forest Officer. Rule 2(1)(i)(c) "Competent Officers" for grant of quarrying permits under Chapter IV of these rules where the quantity of minor minerals to be extracted and removed from any specified land does not exceed 100 brass.

` (G.N. D.D. No. MNL 2156/115456-M, dt. 15-07-1957)

SO:16 Powers of Forest Officers under Maharashtra Land Revenue Act, 1966:- (PWR 1196/CR-296/CR 17/L-2 dated 30-01-1997) In exercise of the powers conferred by section 330-a of the Maharashtra Land Revenue Act, 1966, the

Government of Maharashtra delegates the powers to Dy.C.Fs., D.F.Os. and A.C.Fs. to decide the matter referred to them under sections 53, 54 and 54-a of the said act. Appendix III (vii)

SO:17 Powers of Magistrates under S.67 of Indian Forest Act 1927:- (MIS 1095/CR-57/F-6 dated 03-04-1997) In exercise of the powers conferred by section 67 of the Indian Forest Act, 1927 (XVI of 1927), the

Government of Maharashtra empowers the First Class Magistrates to try the offence cases summarily. Appendix III (viii)

SO:18 Use of fire arms by Forest Personnel (Code of Criminal Procedure, (1973):- (TRS-1095/C.R.112/F-6 dated 19-09-2006) In exercise of the powers conferred by sub-section (3) of section 197 of the Code of Criminal Procedure,

1973(2 of 1974), and of all other powers enabling it in that behalf, the Government of Maharashtra directs that the provisions of sub-section (2) of section 197 of the said Code, shall apply to the Forest Guards, Foresters, Range Forest Officers, Assistant Conservators of Forests, Deputy Conservators of Forests and Divisional Forest Officers, in the State of Maharashtra who are charged with the maintenance of public order relating to forest protection. Appendix III (ix)

Note:- The topic “Supply of Weapons to Subordinates” is discussed in Article 12.03, Chapter XII of Maharashtra Forest Manual, Volume I, 2011.

[C] IMPORTANT JUDGEMENTS UNDER INDIAN FOREST ACT, 1927:-

3.05 Important Judgements under Indian Forest Act, 1927:-

J:01 S.2 & S. 52 - Word 'Tool' includes the machines used for cutting logs of illicit wood and converting it into

timber in a Saw mill. (Kantilal Vs. R.F.O.; 1986 (3) Bom. C.R. 613)

J:02 S.2(4) - Forest Produce :- Although a produce as a whole is a forest produce, but if a product commercially new and distinctly known to the business community in totally different form is brought in existence by human labour, such articles and products would cease to be a 'forest produce'. Therefore 'Bamboo Mats' a product from bamboo being commercially different from it would not be encompassed within the expression 'forest produce' as defined in S. 2 (4) Act, despite it being inclusive in nature. (1996 (2) Mh. L.J. 672 S.C.; Suresh Lohiya Vs. State of Mah.) (1993 Mh. L.J. 108 Reserved)

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J:03 S.3 - A Bhumidhari is not a proprietor, but merely a Tenure-holder, hence the provisions of Chapter II of the Act are applicable to the waste land held by him. (Mahendra Pal Vs. State of U.P. AIR 1963 SC 1019)

J:04 S.4 - Notification duly published in Gazette and subsequently modified by the Govt., modification would not be effective unless published in Official Gazette. (Mahendra Lal Saini Vs. State of U.P.; AIR 1963 SC 1019)

J:05 S.17 - Although the F.S.O. adjudicating on the claims under the Act is not a Court, yet the principle embodied in 0.20 R. 1 of Civil Procedure Code would be applicable. Hence party whose rights are affected by an Order based by F.S.O. must have notice of it. Hence where F.S.O. makes an order U/S 17 without a notice to the parties, in their absence, the limitation for appeal would start from date of knowledge of the order passed. (Madanlal Vs. State of U.P. AIR 1975 SC 2085)

J:06 S. 26 - To prosecute a person for offence U/S 26(1)(a), it is sufficient, if there is a notification U/S 4 of the Act and notification U/S 20 of the Act is not a pre-requisite. (Union of India Vs. Abdul Jalil; AIR 1965 SC 147)

J:07 Ss. 26, 68(2) and 82 - Once an undertaking is taken from the suspected person U/S 68(2), in exercise of the

power U/S 68(1)(a) of the Act, for offence U/S 26 of the Act, by the Forest Officer and the offence is compounded, no proceedings either civil or criminal can be taken in respect of the said offence, and, the only remedy in case of non-payment of the compensation amount by the person, who had given undertaking, be recovered under the law for the time being in force as if it were an arrear of land revenue. (State of Mah. Vs. Kisan Rupaji Ghatal; 1978 Mh. L. J. 618)

J:08 S. 26 (1) (d), 55 - Grazing cattle in the reserved forest is a Forest Offence U/S 26 (1) (d). Therefore, Magistrate has jurisdiction U/S 55 to forfeit cattle used in committing said offence. (State of Mah. Vs. Arjun Tabadu Mahajan & others; 1988 Mh. L.J. 191)

J:09 26 (1) (d) and (e) and S. 61 A (1) (3) - Confiscation of cattle. Forest offence of pasturing cattle and/or permitting cattle to tress-pass U/S 26 (1) (d) and damaging the

trees U/S 26(1) (e) were committed. Said cattle being instrumental in the commission of those offences, and seized U/S 52 (1) were ordered to be confiscated U/S 61(A).

S. 61 A begins with a non-obstante clause, which means it contains additional and independent power of confiscation. Sec. 61 A refers to the property seized U/S 52 (1). Damage to forest wealth in any form is covered by S. 26 and there is no reason to draw distinction between damage due to theft by carrying the property outside to forest and the damage due to the eating or otherwise spoiling by the cattle on the spot itself. After all unauthorized grazing by the cattle is nothing but theft of the forest produce. Hence confiscation of cattle was proper.

When exclusive jurisdiction in matter of confiscation will be on the Forest Officer, the jurisdiction of Magistrate will be excluded. (Karna Laxman Gawali & others Vs. State of Mah.; 1989 Mh. L.J. 780)

J:10 Ss. 32 (1), 76 - Rules for grazing licence - Rule 6 and 7 of M.P. Govt. Grazing Rates Rules (1979) - Constitutionality :- Nomad graziers of Gujrat and

Rajasthan wander from place to place with their animals in search of pasture and foliage. They often pass through States of M.P., U.P. and Maharashtra. In 1979 State of M.P. apprehended that uninhibited passage of these animals through M.P. may lead to large scale devastation of forest wealth. Therefore, fresh rules were made for regulating grazing in the reserved forest. R. 7 provided for levy of grazing rates for foreign cattle of other States. R. 7 (2) empowered the Govt. to specify the period during which grazing or transit grazing should be completed etc. State of M.P. issued two notifications on 28-6-1979 notifying the rates of charges for the issue of grazing and transit licence whereby Govt. of M.P. charged higher grazing rates to the cattle of other States describing them as 'foreign cattle' in the rule. Although this was done with a view to prevent devastation and to protect the forest wealth of the State, said justification for levy of higher grazing charges do not have any rational basis for the distinction made between owners of cattle of M.P. and owners of cattle belonging to other States. So, subject to reasonable restrictions, which may be imposed in the interest of the general public,

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a citizen has right under our Constitution to move freely throughout India, to reside in any part of India and to practice any profession, carry on any trade or business in any part of India. Therefore Held - Levy of higher grazing rates in case of cattle belonging to persons of other States quashed being unconstitutional. The limit of stay of 45 days was also declared unconstitutional. (Lakshman & others Vs. State of M.P.; AIR 1983 SC 656)

J:11 Ss. 32(i), 76 of I.F.A. 1927 and Grazing Rules framed by the Mah. State Govt. under Resolution dated 6th Dec., 1968 as supplemented by Resolution, dated 3-11-1973

Rule 4 of 1973 resolution refers to the areas in respect of which and persons to whom grazing licences can be granted. It uses the terminology “Cultivator family and others” as a category of persons to whom licences can be granted. Kathewadi graziers as a class cannot be denied licence to graze. Resolution dated 3rd Nov., 1973 to deny such licences was struck down as unconstitutional.

Certain graziers owning herds of cow and calves from Kathewadi region in the Gujarat State, who moved all over India in search of fodder for their cattle and surviving on sell of milk and manure from the cattle were initially granted grazing licence but subsequently the State of Mah. and its Forest Officers took a policy decision not to grant such a licence to any Kathewadi grazier and totally excluded the class for consideration for grant of licences in future. The justification put forth was that some of them indulged in illegal grazing and created law and order problem.

Indian Forest Act, regulates pasturing of cattle in Govt. Forest. Ss. 32 (i) and 76 contains rule making power vested in the State Govt. under which grazing rules for the Maharashtra State have been framed under Govt. Resolution No. MFP 1365/132211-Y dt. 6th Dec., 1968, supplemented by Govt. Resolution No. MFP 1371/237035-2 dt. 3rd Nov., 1973. Rule 4 of 1973 Resolution refers to the areas in respect of which the persons to whom grazing licences can be granted and it uses the terminology "cultivator family and others" as a category of persons to whom licences can be granted.

Only because some of the persons belonging to a particular class were in the past, guilty of breach of the Act and had created a law and order problem, the class as a whole cannot be totally barred from consideration for grant of licence, and prevented them from carrying on the business or profession upon which only their livelihood depends. (Kishan Bhagwan Gawali & others Vs. State of Maharashtra and others; 1990 (2) Mh. L.J. 661)

Note:- Details regarding Cattle Grazing are described in Part XIV, Article 14.01 of this Book.

J:12 U-S. 33 - Where an offence U/S 33 of I.F.A. is investigated by the Forest Officers and accused was convicted and appeal against inadequate sentence awarded by trial court was filed by the State Government, then rejection of appeal by the High Court was done on the ground that the Central Govt. alone was competent to prefer appeal U/S 377(2), Cr. P. C. (State of Mah. Vs. Mahipati Krishna ingavale etc. AIR 1977 S.C. 1200)

J:13 Ss.41, 42, 52, 61A, 61B, 61C - Provisions of S. 61B of the Act are mandatory, which requires the Authorized Officer to give show cause notice to the delinquent person before any action is taken against him U/S 61A (3) of the Act. Show cause notice under S. 61B must contain all material allegations against delinquent person on the basis of which action is proposed to be taken so that he has proper opportunity to meet the same. In such case the order, for confiscation of a truck, passed would be vitiated for non-compliance with the principles of natural justice. (Inderjit Singh Vs. State of Mah., 1990(3) Crimes 779 (Bombay)

J:14 S.41 of I.F.A., R. 18 of H.P. Forest Produce Transit (Land Routes) Rules 1978 - Unauthorized export of timber - Where accused forest guards allowed export of excess timber in connivance with a timber selling firm, although copies of the permits and timber/ specification list were endorsed to the respective check post to facilitate checking of timber passing from the check post, the allegations in F.I.R. and existence of some incriminating material on record prima facie showed involvement of forest guards in commission of the forest offence. In such case conviction for offence of allowing unauthorized export of timber is proper. (Ishwari Singh Vs. State of U.P. 1996 Cr. L.J. 557)

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J:15 S.41 - Liability of Forest officials - Where list of illicit felling of trees and their conversion to timber was prepared by the field staff, whereas Officials working in Office of D.F.O. issued export permit, in such case knowledge of illicit felling of trees and their conversion to timber at the time of issuance of export permit cannot be attributed to them, in absence of any specific note to that effect by the field staff. Conviction of such Officers would not be proper. (Ishwari Singh Vs. State of U.P. 1996 Cr. L.J. 557)

J:16 S. 52 – (i) The meaning of the word 'Seize' means to take possession or control of a thing. Provisions of S. 52

empower the R.F.O. to seize the forest produce together with all tools, boats, vehicles, or cattle used in committing a forest offence. Therefore, the word 'seize' empowers Forest Officer to take possession of the machines used in a saw mill for converting logs of illicit wood into timber. (Kantilal Date Vs. R.F.O.; 1986 (3) Bom. C.R. 613)

(ii) 'Forest Offence' - Saw mill being run without licence for converting logs of illicit wood into timber would be a 'Forest Offence'. (Kantilal premhit Patel Vs. R.F.O. 1986 (3) Bom. C.R. 613)

J:17 S.52(1) and 55(1) - Where a truck was seized by Forest Officer not only for offences under the State Act, but also in relation to offences under Ss. 26 and 42 of the Central Act, the truck is liable to be confiscated under the provisions of Central Act namely Ss. 52(1) and 55(1).

When the Magistrate was informed by the Forest Officer U/S 52(4) about the initiation of the proceeding for confiscation of the truck, S. 52 (C) of the Central Act would become applicable to the case.

The truck in the present case was seized by the Forest Officer and not by the Police and it had never been produced before the Magistrate. Hence Magistrate's jurisdiction U/S 451 of Cr.P.C. would be outed and the magistrate would not have jurisdiction U/S 451 of Cr.P.C. to grant interim custody of the truck to the owner. (Kanhiyalal Vs. State of M.P.; 1987 Cr. L.J. 368 (Indore Bench))

J:18 S. 52 - Teak wood found illegally loaded in a truck without any pass or permit, confiscation of truck is justified.

(Sk. Said Sk. Hussain Vs. A. D. Choudhari, Sahayak Wanrakshak & others; 1987 Mh. L.J. 1035)

J:19 S. 52 (1) being used for committing alleged forest offence. The tempo was empty when it was seized, but it was alleged that certain forest produce had been illegally cut and had been placed on the road side and the tempo in question had been brought there, for the purpose of removing the said forest produce when it was seized, Action of seizure U/S 52 (1) not permissible unless vehicle in question is used in committing offence. (Mangal Bharate Vs. A.B. Dhangre, D.F.O.; 1990 (1) Mh. L.J. 204)

J:20 S. 52(2), 61 (A) - Jurisdiction of Magistrate to release Property on Supratnama :- A tractor and trolley were seized by the Forest Officer for carrying sand illegally, from the forest and thus

committing forest offence U/S 26(1) (c) (d) & (g) of the Act. The Forest Officer reported the said seizure to the judicial Magistrate First Class.

S.52(2) - Second Provision, lays down that when the offence on account of which seizure has been made in respect of timber, sandalwood, firewood, charcoal or such other forest produce as may be notified by the State Govt. from time to time, such Officer shall make a report of such seizure to the concerned authorized Officer U/S 61 (A) of the Act then the Magistrate does not get jurisdiction to release the property on Supratnama. Otherwise the trial Magistrate has jurisdiction. In the present case no report of seizure was made U/S 61 (A), hence Magistrate has jurisdiction to release the property on Supratnama. (Kamlesh Jaduramhi Yadao Vs. State of Maharashtra; 1997 (1) Mh. L.J. 198)

J:21 S. 55 – In case of driver of a truck committing forest offence without master's knowledge, the order of forfeiting the truck could not be passed. Forfeiture is always by way of penalty and it can be levied only against the accused who has been found guilty of the forest offence. Words and Phrases - Word 'Confiscation' and forfeiture - Difference. The word 'forfeiture' is always by way of penalty which can be levied only against the accused who is guilty of the forest offence. 'Confiscation' on the other hand is a term of wider connotation and the vehicle used for the offence could be confiscated from anyone under discipline. (State of Mah. Vs. Rajendra H. Patil and others; 1989 (1) Bom. C.R. 287)

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J:22 S.55 - Forfeiture: - After the trial of the forest offences and on conviction of the accused, a procedure for

forfeiture of property is laid down U/S 55. This procedure for forfeiture is after the conclusion of trial and when accused is convicted. Provisions of this Section have no application to pre-conviction stage. (Kamlesh Jaduramji Yadao Vs. State of Maharashtra; 1997 (1) Mh. L.J. 198)

J:23 S.61 - Confiscation of Vehicle used in Committing forest Offence. A vehicle found transporting teak wood was ordered to be confiscated by the Forest Officers. On appeal,

the learned Additional Sessions Judge set aside the order. It was contended on behalf of the owner of the vehicle that knowledge that the vehicle in question was to be used for transporting or conveying the forbidden goods cannot be imputed to the owner. The Court, however, rejected this argument and held that the responsibility to avoid improper use was extended to even the agent and servant of the owner of a vehicle by referring to the provision of Section 61-B(2) of the Forest Act, which speaks of the knowledge of agent and the person in-charge of the vehicle. The Court, therefore, set aside the order of the Sessions Judge and affirmed confiscation ordered by the Forest Officers.

(State of Mah. Vs. Vinayak Dagadu Jadhav; 1995 (1) Mh. L.J. 318)

J:24 Ss. 61 A to 61 G and Constitution of India, Art. 14 : Power U/S 61(A) of the Act is conferred on a higher Officer of the status not below the rank of an Asstt.

Conservator of Forest. Against an order passed U/S 61 (A), an appeal lies to an independent judicial Officer of the status of Sessions Judge. The order could be passed where a forest offence is believed to have been committed, in respect of timber, sandal-wood, fire-wood, char-coal or any other notified forest produce which is the property of State Govt. Before an order of confiscation is passed, authorized Officer should be satisfied that a forest offence is committed in respect of such property and that the vehicle was used in committing such offence. Secs. 61-B (1), (2) and 61D provide sufficient safeguard to the owner of the vehicle. The authorized Officer is expected to pass a well considered and reasoned order as an appeal lies against such order. It is also subject to the revision U/S 61-C. Hence provisions of S. 61 G are not ultra -vires.

(Sk. Said Sk. Hussain Vs. A.D. Choudhari Sahayak Wanrakshak; 1987 Mh. L.J. 1035)

J:25 Ss.61 A to 61 G - Introduction of Ss.61 A to 61 G by the Maharashtra Act No. 7 of 1985 has a definite objective and that is to plug all possible loop-holes in enforcing the provisions of the Act relating to preventing the ever increasing menace of illegal and ruthless exploitation of Govt. forests. Serious consequences ensure not only against those, who are guilty of commission of forest offence but also against those, who render aid in its commission. For variety of reasons, it is very difficult to detect the offence and thus prevention is better than cure. In this back-ground, releasing of a confiscated vehicle on Supratnama is quite a serious matter, since there is every possibility of being put to the same use again. Hence, it is only in the rarest of rare case that the vehicle should be handed over to the owner on Supratnama, pending appeal filed by the owner against the order of confiscation. More so, when driver of the vehicle has not only admitted the commission of offence, but has also involved the owner in his very first statement recorded immediately after the interception of the vehicle by the police. Hence release of vehicle on Supratnama of owner would not be proper. (State of Mh. Vs. Smt. Taranjeet Kaur; 1992 Cr. L.J. 1398)

J:26 S. 61 D - Powers of Appellate Authority : The Appellate Authority is authorized to pass such order as he deems fit, confirming, modifying and

annulling the order appealed against, powers are conferred in widest terms. Therefore, if after annulment of the order the appellate Authority feels that justice cannot be done on the basis of the record and further enquiry is necessary, then it can pass a consequential order of remand. Therefore Appellate Authority has implied powers to remand the matter if it is necessary to do justice between the parties. (Anand Kumar Vs. State of Mah.; AIR 1989 Bom. 293)

J:27 S.61.D - Appellate Authority:- Relying on S. 61 (D) of the Act an appeal was directed before Additional Sessions Judge against an order passed by Dy. Conservator of Forest, cancelling the saw mill licence for breach of condition of the licence to run the saw mill under S. 61 A or S.61 C. Additional Sessions Judge would not be an appellate authority in this case. Hence appeal before Additional Sessions Judge would not be maintainable. (State of Mah. Vs. Nathusingh Bhagwantsingh Chandel; 1997 (2) Mh. L.J. 68)

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J:28 S. 61 G - Vests exclusive jurisdiction upon the Forest Officer to conduct the confiscation proceedings and excludes the jurisdiction of the Criminal Courts in that respect. The Power of any Forest Officer or Police Officer to seize any vehicle U/S 52 (1) arises only when there is reason to believe that the Forest Offence has been committed. Hence it would follow that before the Authorized Officer or Officer specially empowered is conferred with the exclusive jurisdiction and before the jurisdiction of learned Magistrate is excluded, the necessary ingredients of S. 52 (1) have to be satisfied. The said ingredients are: (1) That there is reason to believe that a Forest offence has been committed in respect of any forest produce, and (2) that such forest-produce along with tools, boats, vehicles or cattle used in committing any such offence is traced. It is only in such a case that a Forest Officer is entitled to seize the same. (Mangal Sarjerao Bharate Vs. A.B. Dhangre, D.F.O.; 1990 (I) Mh. L.J. 204)

J:29 S. 61-A and 62 - Where no forest produce were transported by the vehicle, merely on the basis of statements, made by certain other persons, who themselves are accused before the Court, confiscation of vehicle would not be proper, as it is very harsh and serious penalty. (State of Mah. Vs. Kisan Genu Pawar ; 1991 (2) Bom. C.R. 167)

J:30 S. 82, S.83 - Recovery of unpaid forest contract money :-

A Contractor entered into a contract with State Govt. for appropriating Tendu leaves from certain forest, stipulating to pay the price in three installments. However, paid only 1st installment. Therefore, proceedings were initiated for recovery of remaining two installments under provisions of Ss. 82 and 83 of the Act.

A Scheme U/Ss 82 of the Act clearly shows that entire situation has been provided for by these special provisions and that there is no need to fall back upon the provisions of Sale of Goods Act to deal with the claim for recovery of unpaid forest contract. Money and contracts for sale of forest produce are covered by the provisions contained in these two sections. Hence recovery of unpaid amount under provisions of Ss. 82, 83 was proper. (Jogendralal Saha Vs. State of Bihar; A 1991 S.C. 1148)

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∗

Forest Policy of Maharashtra State-2008 Part IV

4.01 Preamble:- The “Directive Principles” enunciated under Article 48A of the Constitution of India entrusted

responsibility with the State to devise ways and means to protect and develop environment, forests and wildlife. The Government of India, vide Department of Environment and Forests Resolution dated 7th December,

1988 declared a “National Forest Policy, 1988”. The Principal aim of the National Forest Policy is to ensure environmental stability and restoration of ecological balance which is vital for sustenance of all life forms, human, animal and plant. Sustainable utilization of forest resources and their enrichment is essential for ensuring present and future needs and survival of the mankind.

As recommended by the National Forest Commission, for sustainable management of its forests and wildlife, each State should have its own forest policy statement within the broad parameters of the National Forest Policy.

In Maharashtra State, regional variations in the area under forest cover and increasing biotic pressure may cause denudation and degradation of forest lands, which may widen the gap between demand and supply of' forest produce. Under the circumstances, there is need to preserve the rich bio-diversity of natural forests, to safeguard the eco sensitive natural forest areas and ecologically fragile areas of Western Ghats and also to increase the productivity of our forest resources. Therefore, it is imperative to evolve a well conceived State Forest Policy expeditiously.

Keeping the above points in view, the government has decided in principle to accord sanction to Maharashtra Forest Policy 2008. (G.R. No. TRS-1098/C.R. 190/F-6, Mantralaya, Mumbai, dated 22/09/2008)

4.02 Committees constituted for implementation of Maharashtra Forest Policy, 2008:-

(A) Departmental Monitoring and Implementation Committee

1. Principal Chief Conservator of Forests, M.S. Nagpur Chairman 2. Principal Chief Conservator of Forests (Wild life), M.S. Nagpur Member 3. Director, Social Forestry, Pune Member 4. Managing Director, Forest Development Corporation of Maharashtra Ltd., Nagpur Member 5. Addl. Principal Chief Conservator of Forests (All), M.S. Nagpur Member 6. Chief Conservator of Forests, (Policy & Technology), Nagpur Member Secretary

Duties of the above mentioned committee are as follows: 1. The said committee shall take policy decisions and prepare projects and ensure their proper implementation. 2. This committee shall bring forth problems and difficulties faced during implementation of Maharashtra Forest Policy to the notice of State level co-ordination committee formed under the Chairmanship of the Chief Secretary, Maharashtra State.

(B) State level Co-ordination Committee

1. Chief Secretary, Maharashtra State Chairman 2. Additional Chief Secretary (Forests) Member 3. Additional Chief Secretary (Revenue) Member 4. Principal Secretary (Mining) Member 5. Principal Secretary (Soil and water conservation) Member 6. Principal Secretary (Agriculture) Member 7. Principal Secretary (Planning) Member 8. Principal Secretary (Finance) Member 9. Principal Secretary (Animal Husbandry) Member 10. Secretary (Tribal Development) Member 11. Secretary (Water resources) Member

∗ Author APCCF (I, T & P)

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12. Principal Secretary (Rural Development) Member 13. Principal Secretary (Urban Development) Member 14. Principal Chief Conservator of Forests (Wild life), M.S. Nagpur Member

15. Director, Social Forestry, Pune Member 16. Managing Director, Forest Development Corporation of Maharashtra Ltd., Nagpur Member 17. Principal Chief Conservator of Forests, M.S. Nagpur Member Secretary

Duties of the above mentioned committee are as follows: 1. The said committee shall ensure distribution of sufficient fund for implementation of Maharashtra Forest Policy. 2. To ensure early sanction for the projects prepared in connection with the Forest Policy. 3. To remove difficulties that might arise. 4. To resolve interdepartmental disputes. 5. To ensure regular monitoring and review of Forest Policy and to make appropriate changes accordingly.

(C) State Forest Advisory Board

1. Hon’ble Chief Minister, Maharashtra State Chairman 2. Public representative Member 3. Non-government organization Member 4. Government officer Member 5. University representative Member 6. Principal Chief Conservator of Forests, M.S. Nagpur Member Secretary

Members at sr. no. 2, 3, 4, and 5 shall be nominated with the approval of Hon’ble Chairman.

Duties of the above mentioned Board are as follows: 1. The said Board shall take care to make available sufficient financial resources for effective implementation of Forest Policy. 2. To protect and conserve forests which are like “open treasure” from growing population and livestock; and keeping this in view, to provide necessary administrative support to the forest department for success of the proposed conservational and developmental programmes of the natural resources of forests.

4.03 Forest Policy of Maharashtra State-2008

1. Primary Objectives

1.1 Conservation and sustainable development of natural and man made forests through the application of appropriate scientific and management techniques for restoration of ecological balance and maintenance of environmental stability.

1.2 Reforestation on all degraded, denuded and unproductive wastelands for soil and water conservation on a watershed basis.

1.3 Increasing substantially the tree cover on all available public, community and private lands through social forestry and agro forestry with the involvement of people and especially those who are landless, from weaker sections and women.

1.4 Checking soil erosion in the catchment areas of rivers, lakes and reservoirs by undertaking water and soil conservation for mitigating floods and droughts and for reduction of siltation of reservoirs.

1.5 Increasing the productivity of forest lands and forest trees. 1.6 Meeting the basic domestic requirements of fuel wood, fodder, non-timber forest produce and small timber of

the rural poor and tribal population and reducing gap between demand and supply of the forest produce. 1.7 Reducing biotic pressure on forests by maximizing substitution of wood and wood products and encouraging

efficient utilization of forest produce. 1.8 Conservation and development of wildlife and biodiversity through formulation of long term strategic plans and

action programmes.

2. Important Principles of Forest Management

2.1 By fully protecting all existing forests and forest areas their productivity shall be improved. The harvesting of forest produce shall be done by following the principle of its sustained yield. Forest and vegetal cover shall be increased on hill slopes and in the catchment areas of rivers, lakes and

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reservoirs, sea shores and on all denuded and degraded wastelands on watershed basis.

2.2 For the conservation of total biological diversity, the network of national parks, sanctuaries and other protected areas shall be extended and the areas which are not adequately represented in terms of species and extent shall be strengthened. Rationalization of boundaries of some protected areas shall also be done so as to avoid conflicting issues arising out of local developmental priorities. However, this shall be done only after ensuring that purpose of biodiversity conservation is not lost. Management Plans of such areas shall be made to reduce man-animal conflict in the protected areas.

2.3 Special efforts shall be made to increase tree cover in those parts of the State, where area under forest cover is meagre, through massive Social Forestry and agro forestry initiatives with people's participation.

2.4 Biotic factors having adverse impact on forests shall be identified and efforts shall be made to control the same through involvement of people, which would comprise beneficiaries including women as stake-holders living in and around forests, in participatory forest management. At the same time elements with malafide intentions causing damage to forest wealth shall be dealt with strictly under the law.

2.5 To meet the daily domestic needs of the rural and tribal populations living in the vicinity of forests, afforestation programme with special emphasis on augmenting production of fuel, fodder, non-wood forest produce and small timber shall be taken up.

2.6 Through non-timber forest products (bamboo, medicinal plants and grass etc.) to meet daily needs of the tribal population and the other communities residing in and around forests. Such produce shall be protected and qualitatively improved. Similarly their production shall be enhanced so as to increase generation of employment and income. For this purpose, issue of creation of appropriate quality institutions shall be seriously deliberated.

3. Working Strategies

3.1 The state shall endeavor to bring 33% of the geographical area of the State under tree cover in accordance with the goal of the National Forest Policy, 1988. District wise plans shall be made to achieve the goal of 33% tree cover.

3.2 Afforestation through Social / Community Forestry 3.2.1 The forest and non-forest wastelands including unproductive agricultural lands in the State affected by salinity

and water logging shall be brought under tree cover with emphasis on tree species providing fuel wood, fodder and non-wood forest produce. This will be done by undertaking a need based and time bound massive afforestation programme on forest wastelands. Likewise, massive social forestry and agro forestry programmes on non-forest wastelands and unproductive agricultural lands shall be taken up with the involvement of people, especially those who are landless, from weaker sections and women.

3.2.2 Tree plantation shall be encouraged on strips of lands along National and State Highways, railway lines and canals and other unutilised lands of the State, corporations/municipal bodies or private ownership etc. The people living in the vicinity of such plantations shall be involved to participate in protection of planted trees by permitting them to get benefit of fruits and other non-timber forest produce.

3.2.3 In Urban and Industrial areas green belts of suitable trees to act as carbon sinks shall be created to mitigate environmental pollution. Urban forestry shall be promoted on all available lands in the cities viz., gardens, open spaces etc. Forest Department, Forest Development Corporation of Maharashtra and Social Forestry Department shall provide technical support for execution of such urban forestry projects.

3.2.4 Village and community lands shall be brought under tree cover taking into account the growing need of fuel-wood, fodder and non-timber forest produce. Gram Panchayats shall be involved in this work with suitable technical guidance from the Social Forestry Department. The principle of participatory management shall be applied for the plantations raised on community lands so as to ensure voluntary cooperation of local people by providing benefits of produce to them from such plantations. Bamboo plantation shall be given priority. A time bound programme to bring all such lands under tree cover shall be prepared and implemented.

3.2.5 Land acquisition and related laws shall be suitably modified to facilitate and motivate individuals and institutions to undertake tree farming on their own land. Tree felling restrictions shall be relaxed for tree plantations on private lands, community lands and other non-forest lands. Improved planting stock and technical guidance shall be provided to such tree planters.

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3.3 Protection and Management of Natural / Man made Forests

3.3.1 Natural forests and man made plantations taken as per the availability of resources in catchment areas which included hill slopes forming catchments of water reservoirs, rivers and tanks shall be looked after for maintaining ecological and environmental balance.

3.3.2 All antisocial or antiforest activities that cause destruction or damage of forests shall be curbed by creating efficient system. Suitable amendments in relevant forest laws and other laws, wherever necessary, shall be taken up to provide for deterrent punishment to criminals. Imposition of restrictions on open and uncontrolled grazing on forest lands in phased manner shall be done under a time bound programme. Modern fire fighting techniques shall be adopted for taking preventive measures against forest fire.

3.3.3 For effective protection of natural and man made forests from organized criminals, forest staff shall be adequately equipped with latest telecommunication net-work. They shall be provided with necessary wireless, mobiles, vehicles and fire arms etc, from available resources. Forest personnel shall be empowered to use fire arms within permissible rules against organized criminals. Secret Fund shall be created to deal with organized forest crimes.

3.3.4 Basic programmes of village eco development and participatory forest management shall be adopted for the development, management and protection of natural and man made forests.

3.3.5 Management of' all natural and man made forests shall be done in accordance with the provisions of approved working plans by scientific management for sustainable use of forest resources.

3.3.6 Saw mills shall be regulated in such a manner that there is no adverse impact of this industry on the protection of the forests.

3.3.7 To protect the forest areas from encroachments, survey and demarcation of all forests areas shall be completed and more funds and facilities shall be made available to update maps and forest land records.

3.3.8 Productivity of all natural and man made forests shall be enhanced through improved planting stock by application of appropriate scientific, technical and managerial inputs. Likewise, forest management shall be done by adopting advanced technological inputs for better plant growth and their better survival percentage. Use of quality seeds from known sources, root trainer for preparing cultivable seedlings, compost, vermi-compost, quality potting mixture, clonal seedlings etc. shall be emphasized.

3.3.9 Exotic species shall be introduced only after long term trials have established their suitability under the local environment and those have no adverse impact on native vegetation and environment. After establishing this, such species will be accepted and included in the plantation programme.

3.3.10 All State owned mangrove forests shall be identified by satell i te imagery and maps shall be prepared of those forests which are of minimum manageable size. Such mangrove forests of minimum manageable size shall be taken under the control of the Forest Department and those shall be scientifically managed with cooperation of the local people.

3.3.11 Eco-sensitive and ecologically fragile forest areas shall be given more attention for their protection.

3.3.12 The Forest Department shall provide necessary technical and professional help for development of private forests which have been restored to the original owners. Similarly, the private forests which stand acquired by the State shall be managed as per the provisions of the working plans as approved by the State.

3.3.13 If any forest officer/official dies or gets disabled while performing forest protection duty, such persons or their relatives shall be given compensation and financial help as is admissible to Police department personnel.

3.4 Management of Catchment Areas and Soil Conservation

3.4.1 All possible efforts shall be made to control soil erosion caused by water and to arrest maximum water through effective implementation of watershed development programme with

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special emphasis on hilly forest areas. Water resources so created shall be utilised for increasing productivity of forests as well as for irrigation of agricultural lands in the vicinity and for enhancing standard of life of rural people.

3.4.2 Soil and water conservation works shall be taken up in order to arrest rapid run offs so as to have maximum seepage in the ground to increase recharge of ground water.

3.5 Wildlife and Biodiversity Conservation

3.5.1 Special care shall be taken to protect and manage wildlife and to conserve biodiversity in the protected and non protected areas. Issues like eco-development, wildlife-related research, eco-awareness, training in wildlife, habitat management and environmental protection shall be included in the management plans for such areas. Initiative shall be taken to conserve ex-situ floral and faunal species by establishing Botanical gardens and Zoological parks.

3.5.2 Measures shall be taken to reduce man-animal conflict and create conducive environment for wildlife management. The protected area network shall have minimum 5% of the total geographical area, and for the purpose additional potential areas will have to be included. Boundaries of protected areas may have to be redemarcated suitably in some cases without compromising with biodiversity conservation. Special anti-poaching squads shall be established and implemented in various sensitive wildlife poaching places in areas like Mumbai, Thane, Pune, Nagpur, Chandrapur, Amravati and Kolhapur etc. For obtaining secret information about illicit wildlife trade secret fund shall be created and in this context other related measures shall be taken. Rehabilitation and relocation of villages located in protected areas shall be done on priority and in consultation with concerned villagers. Action shall be taken to compensate for human loss, cattle loss and crop loss suitably and expeditiously. Revenue generated from the protected area shall be utilized for management and development of the same area and also for the benefit of the communities residing adjacent to such protected areas.

3.6 Forest Research

While preparing ‘Forestry Research Action Plan’ for the State, special attention shall be paid to increase the productivity of natural and manmade forests, selection of natural seed producing areas, selection of genetically superior clones, establish seed production areas, prepare orchards for quality seed production, collection of quality seeds and conservation of seed producing tree species. Similarly development of root trainer nurseries, selection of multiple use endemic species suitable for planting at various sites, development of techniques for successful regeneration on degraded wastelands, production and use of bio-fertilizers and bio-pesticides, cultivation and caring of medicinal plants and their processing and research related to participatory forest management schemes etc. Maharashtra Forestry Research Institute shall be established on priority and strengthened to take up forestry research at field level. Co-operation shall be sought from forest based industries and agriculture universities in forestry research activities. Adequate funding for forestry research action plan shall be made available. For this purpose, a provision of 5% of the cost of budget of each plantation shall be made for Research and Development activities.

3.7 Forest Publicity and Extension

Success of forest conservation and forest protection programme is not possible without voluntary co-operation of the people. Network of “Van Vigyan Kendra” shall be established to enlighten people by highlighting importance of value of trees, forests, wildlife and farm forestry. Information on appropriate techniques and availability of high quality planting materials shall be made available to farmers and other beneficiaries, relevant to their available land and water resources. Students shall be involved in the eco-awareness drive right from primary stage by introduction of suitable curriculum related to environment education. Eco-tourism and mass media shall be utilised to promote eco-awareness. Participation of NGOs and other organisations engaged in eco-development and beneficiaries shall be sought in organizing effective eco-awareness programmes and fulfillment of aims. For effective implementation of publicity and extension system, its necessary technological up gradation will be done. Effective presentation before the public will be made of the success stories related to forest and of those factors adversely affecting conservation and development of forest and wildlife.

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3.8 Human Resource Development and Training

3.8.1 Forest Department, Social Forestry and Forest Development Corporation have been established in the State to deal with forest related work. “Human Resource Development (HRD) Plan” shall be implemented in all three organizations with a view to attract qualified and efficient personnels. Suitable work environment shall be developed in these organizations; likewise improvement shall be made for developing proper correlation and harmony among the personnels so that suitable work culture is nurtured. Their efficiency will be enhanced further by appropriate placements and by providing suitable opportunities for overall competitive development.

3.8.2 All State Forest Training Institutes shall be adequately strengthened through technological upgradation and structural development. These institutes shall impart training initially to new recruits, especially field staff i.e. forest guards and foresters. Similar refresher courses shall be conducted for various cadres of forest officers in different groups. Efforts shall be made so that these institutes may generate their own resources by taking up various training programmes of other departments on contract basis. Special incentives shall be given to faculty members as a motivational measure on the lines of Government of India's guidelines. Steps shall be taken for skill upgradation of trainers in order to promote them to higher ranks.

3.9 Tribals and Forests

3.9.1 Tribals’ participation shall be involved in the protection, regeneration and development of forests; and management of non-timber forest produce in the forest areas. Industries will also be encouraged for increase in production and trade of non-timber forest produce. Proper arrangements for marketing of products made from forest produce by tribals shall be made to ensure that they get reasonable prices. Specific measures shall be taken up for collection, storage, processing, value-addition, certification and marketing of non-timber forest products to improve their economic condition through increased active participation.

3.9.2 Customary r ights and concessions of t r ibals and other communit ies residing in forest areas shal l be continued as per existing rules including 73rd amendment to the constitution. Supply of forest produce at concessional rates to ‘Burads’ and those others entitled for Nistar shall be continued as per existing provisions in the rules, subject to availability of the material in Government depots.

3.10 Joint Forest Management

3.10.1 Success of any project or programme, related to conservation and protection of natural forests including protected areas or man made plantations and regeneration of degraded wastelands, depends on the basic concept of Participatory Forest Management(PFM). Therefore, PFM has to be adopted and thoroughly implemented. PFM is to be provided with legal base in conformity with the changes brought about by the 73rd amendment to the Constitution. Multifaceted village eco development shall be carried out by co-coordinating with other related departments. Forest development programme is to be identified as the programme of the people, and for that purpose active participation of the people and the NGOs, on a sustained basis shall be evinced. Conscious efforts shall be made to address villagers through mass media about the benefits of such joint forest management programme. In accordance with the National Policy regarding PFM, each plantation project shall have an inbuilt provision for active involvement of Forest Protection Committee (FPC). These committees shall be involved on sustained basis in the management of the forest areas assigned to them. Taking participatory approach as the basis for implementing village eco development programme in protected areas or non-forest areas, voluntary support of local people shall be sought. The funds that are meant for protection of plantations and fire protection shall be given to the concerned FPC. The fund, however, shall be given in the form of remuneration against the protection efforts made by them. FPCs shall plan for taking various revenue generating activities by making appropriate use of their available resources to increase their income and such funds shall be used for village development.

3.10.2 The villagers of the villages, which have been brought under PFM system, shall be entitled to get forest produce as per terms and conditions of Joint Forest Management which will have the legal status. The rights vested into such beneficiaries in this regard shall be based on the amount of efforts

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made by them towards protection of forests especially against fire and grazing.

3.11 Eco-tourism

The concept of eco-tourism has become popular and it is well conceived in several parts of India. Eco-tourism shall be promoted to extend benefits to the society in general and to local forest dwellers in particular. Eco-tourism, apart from providing employment to local people, creates awareness among the general public about nature conservation. Therefore, to increase the scope of Eco-tourism, activities shall be taken up in protected areas and also outside the protected areas in accordance with the provisions laid down in the eco-tourism policy of the State.

3.12 Forest Based Industry

Forest based industries shall be encouraged to raise the raw materials needed by them by establishing a link with farmers and tree planting co-operatives. They will also be encouraged to make available high quality seedlings to the farmers by giving them buy-back guarantee. Long term agreements for supply of any forest produce from natural forests at concessional rates shall be terminated over a period of time. However, in the event, Joint venture plantations on wastelands are to be raised either by Forest Development Corporation of Maharashtra Ltd. or by the Department of Social Forestry in collaboration with willing forest based industries and agencies, steps shall be initiated for providing appropriate concessions to such participating industries /organizations.

3.13 Management Information System

Computer based Management Information System shall be developed to facilitate compilation of an easily retrievable database required for preparing drafts of different projects, attaining higher managerial co-ordination, monitoring of various issues and evaluation of work done, and by this e-governance and a more transparent system shall be developed. Priority shall be accorded to compilation of relevant information necessary for forest management and their publication by completing the survey of forest resources and preparing concerned maps. The use of satellite imagery technology is to be combined with latest GIS technology and the same shall be employed for periodical monitoring of tree cover and other forest resources.

3.14 Reduction of Use of Timber and Other Forest Produce

To reduce pressure on existing forests , substi tut ion of wood and fuel wood shall be promoted and encouraged. For this, use of bamboo as an alternative to wood, use of bio-gas and/or solar energy as an alternative to fuel wood shall be promoted. Likewise, improved technologically efficient diesel “crematoria” as an alternative to fuel wood should be encouraged. “Cut and carry” system of grass fodder management shall be encouraged against open grazing. In this context, co-ordination shall be established with other related departments like Rural Development, Animal Husbandry and Non-conventional Energy Management.

3.15 Building and Infrastructure Development

Private organisations and industries shall be associated in constructing residential and office buildings on non-forest and other lands with the forest department, wherever necessary, on B.O.T. (Build, operate and transfer) basis after obtaining necessary clearances / permissions.

3.16 Financial Support for Forestry Sector

There has been valuable contribution of forestry sector in increasing rural income and providing employment for poverty alleviation in rural areas, in enhancing agricultural productivity and in maintaining environmental balance. Keeping this in view, sufficient investment is considered justified for the development of forestry sector. "Green Fund" shall be created to support investments on wastelands development, eco-restoration and watershed development etc. Funds that shall be available from Clean Development Mechanism (CDM) operative under Kyoto Protocol and from other similar schemes shall also be availed for Green Fund, for reducing emissions of green house gases. The income accrued from compensatory afforestation and from the corpus of existing 'Forest Development Tax' shall also be diverted to this Green Fund. By making provision for levying 2% Green Cess on all municipal corporations using water from the forest areas, the collected amount

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may be deposited in the “Green Fund”. All time bound eco-development and afforestation projects shall be financed from Green Fund for their completion. Resource mobilisation through duty / cess on imported timber, environmental cess etc. can be used for afforestation and other forest related activities.

3.17 Forest Development Corporation of Maharashtra Ltd.

Forest Development Corporation has been established in Maharashtra State for development of man made forests into higher economic value. FDCM is entrusted with responsibility to develop modern nurseries for production of genetically superior planting stock. Under this facility cultivable seedlings are prepared with the help of root trainer, clonal plants are prepared for higher productivity by making use of quality seeds of different species collected from seed production areas, seed orchards etc. Such high quality stock shall be made available to all the three wings of forestry sector. Similarly, such plants shall be supplied on demand to farmers and tree growers. In the future action programme of FDCM provision shall be made for efficient harvesting and marketing of value added products by co-ordinating private projects with agricultural forestry projects. FDCM shall take up turn-key projects in the urban forestry sector in a professional manner, based on its experience, for well planned tree planting in urban and industrial estates. FDCM shall also be encouraged to take up commercial plantations on private lands. FDCM shall be strengthened to enable it to function as a professionally managed autonomous and corporate body with true spirit of an orgnised corporate culture. The activities of FDCM, besides its assigned responsibilities, shall be diversified to include eco-tourism, bamboo marketing on wholesale basis, production and marketing of high quality compost, vermi-compost, liquid organic sprays, processing and marketing of non-timber forest produce collected through forest department and forest protection committees. The diversification policy shall be reviewed from time to time and more activities shall be added to it.

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∗

5.01 Acquisition of Lands for Forests [S.11 and 84, I.F.A.]:-

Part V Constitution of Forests, Afforestation and Disforestation

[A] ACQUISITION OF LANDS FOR FORESTS [S. 11 and 84, I. F. A.]

(i) Preface:- No private properties or lands should be purchased on behalf of Government by private negotiations, nor

private land occupied unauthorisedly by Government officers without recourse to the provisions of the Land Acquisition Act and except in accordance with the instructions contained in the Manual of Land Acquisition (see 4th edition of 1941) in which is also incorporated the Land Acquisition Act, 1894 (I OF 1894) (BFM II, 58)

(ii) Procedure to be followed in acquiring land for forests :- Whenever the Forest Department proposes to take up lands for forests, the application should invariably be

forwarded, in the first instance, to the Collector of the district, who should submit the matter with his opinion thereon to the Commissioner of the division. The opinion of the Collector should always be given fully.

Government look to the Collectors, who are in a better position to judge than forest officers, that in no instance is more money given by Government for the rights of occupancy of its own land than is absolutely necessary. (BFM II, 59)

(iii) Land Acquisition Act should only be applied where absolutely necessary :- It is not desirable to bring into operation the provisions of the Land Acquisition Act in order to secure land

for forest, except in special cases when the immediate acquisition of the occupied land is urgently needed. It is undesirable to employ the Land Acquisition Act for the purpose of acquiring land to round off a forest block which is intended to be classified as pasture. (BFM II, 60)

(iv) Powers of Commissioner to purchase land :- Commissioners are authorized to sanction purchase of lands, the inclusion of which in forest has already

been approved by Government, provided there is a budget provision to meet the expenditure proposed to be incurred in each case. (BFM II, 65)

(v) Acquisition of malki land for passage of forest produce purchased by contractors :- When the use of occupied land for the passage of carts carrying forest produce from the adjoining

Government forests or for any other public purpose is refused by the occupant, the provision of the Land Acquisition Act I of 1894, should be applied and the land acquired either under section 6, if it is permanently required, or under section 35, if it is required for a period not exceeding 3 years. The provisions of the Act can not be put into force unless the acquisition is on behalf, and at the expense of Government.

(a) On the question whether Government through their Officers, Servants or Agents, including contractors, have a right to take their forest produce to the market through the lands of others and whether the acquisition of land to provide passage for carts carrying produce purchased by a contractor would amount to a public purpose, the R. L.A. gave the following opinion in his memo. No. O. Misc. 25 of 18th August, 1928 :-

The Government has no right of way and cannot exercise or enforce such a right over the land surrounding forest, for the purpose of a removing forest produce. Still less has to contractor. The only course open is to acquire the necessary land.

(b) The collector is doubtful whether the purpose can be said to be public purpose for the acquisition of land. The point was considered before and the purpose was held to be public purpose.

Government concurred in the opinion expressed on the same subject by the R.L.A. in his memo No. 1622 of 12th February, 1940 which is reproduced below :

"The only question that appears to have been raised for consideration is whether there is any expeditious way of acquiring the lands temporarily for a way to transport forest materials other than that provided under section 35 of the Land Acquisition Act, 1894.

"There being no provision in any existing law in force in this state, other than that contained in section 35 of the Land Acquisition Act for the purpose, the reply to question is in the negative." (BFM II, 67)

∗ Author APCCF (Consvervation)

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(vi) Principles to regularise the use of land in the possession of Government departments and disposal of such land when not required for departmental purposes :-

(a) Lands in the possession of Government departments are intended for their departmental purpose only, and when any portion of these lands ceases to be required for their purposes, it is to be surrendered for disposal to the Revenue Department as being the department in charge of all Government lands.

(b) Lands reserved or earmarked for departmental purposes but not required for their immediate use should, on their temporary relinquishment, be held by the Revenue Department in order that profitable arrangements for their temporary disposal can be made by the department. Brief notes showing the nature of the departmental use originally contemplated should be kept in the records of rights and the departments for which the lands were originally earmarked should be consulted before the lands are disposed of temporarily.

(c) Disposal of land acquired for particular schemes of development :- Lands which have been acquired for particular schemes of development on behalf of other departments shall be

surrendered to the Revenue Department for disposal when no longer required, but the sale proceeds of such lands shall be credited to those schemes according to the classification in article 39 of the Account Code, Volume I (1st edition, 1940). (BFM II, 68)

(vii) Procedure for the payment of compensation for land :- For the procedure for the payment of compensation for land taken up for public purposes, under the Land

Acquisition Act, see rule 110 of F. P. I and Appendix 5 thereto. For other orders on the subject see the Manual of Land Acquisition. (BFM II, 69)

(viii) Forest Department to be consulted before disposal of alluvion adjacent to forest :- Before disposing of alluvion formed adjacent to forest the Collector should in the first instance consult the

Forest Department. In case of transfer of such land to that department for inclusion in forest, a notification under the I.F.A. would be necessary before the land could be treated as forest proper. (BFM II, 70)

[B] SETTLEMENT AND DEMARCATION

[S. 3 to 25 and 29, I.F.A.]

5.02 System of Forest Settlement Adopted in the Maharashtra State :

(i) Outline of settlement procedure in force in the Maharashtra State :- The system of Forest settlement adopted in the Maharashtra State is as follows :

(a) The settlement work is carried on chiefly by special officers belonging to the Civil Service, who are relieved of all duties and are deputed upon forest settlement work alone.

(b) In a few cases the Assistant of Deputy Collector in revenue charge of a taluka is F.S.O. in respect of that taluka and performs the Forest Settlement work in addition to his ordinary revenue and magisterial duties.

(c) The Collector of the district is generally appointed under s. 17, I.F.A. to hear appeals from such orders as the F. S. O. in his Collectorate may pass under s. 11, 12, 15 or 16.

(d) In Collectorates in which forest reservations have not been completed, the F. S. O. who is invariably in such cases an Assistant Collector, is appointed Demarcation as well as Settlement Officer, and it then becomes his duty to arrange, in personal communication with the forest officer in charge of the district, what lands are required to be finally maintained as forest under the Forest Act; each taluka of a Collectorate is taken up in turn and demarcated, and in this manner complete selections of lands for forest are made. Lists of these lands are prepared and the latter are entered upon the map of the taluka in distinguishing colours and a report containing among other matters the recommendations of the Demarcation officer, made in his executive capacity, as to the privileges which may be allowed in the lands when they have been constituted forests, is drawn up. These documents are then submitted to the Collector of the district, by the Demarcation Officer. If any settlement work has been completed the results are embodied in the demarcation and settlement report. The Collector criticizes the proposal and records his opinion, and the papers then pass to the Chief Conservator of Forests of the circle, who attaches his remarks and transmits all the documents to the Commissioner of the division. The Commissioner, after recording his views, submits the papers to Government for final orders. The demarcation lists comprise :-

(1) Lands already forest. (2) Government waste land (3) Occupied lands for alienated lands which are to be acquired :

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The forest Demarcation and Settlement Officer is invested by Government with special powers for the acquisition of occupied lands. Some of these lands are purchased by payment of such compensation as the Demarcation Officer and the occupant may jointly agree to. Others are obtained by exchange, waste lands being given in their place, and sometimes the Demarcation Officer remits, for one, two or three years, the assessment upon the new lands to be given in exchange for the occupied lands to be included in forests. (BFM II, 71)

(ii) Aim of administration must be to constitute forests reserved :- While it is conceivable that circumstances may exist under which, as a transitory measure, it might be

preferable to declare forests to be protected, their constitution as reserved forests must be the aim of administration. (BFM II, 72)

5.03 Position of a Forest Settlement Officer

(i) Forest Settlement Officers should submit diaries to Chief Conservator :- The F.S.O. should submit their diaries to the Chief Conservator of Forests in charge of the circle in which

they are employed. (BFM II, 73) (ii) Position of forest Settlement Officer in relation to Chief Conservator :-

Neither F.S.O. nor their establishments are under the control of the Chief Conservator, but as he is responsible for expenditure debited to the head of forests, he should countersign the salary and travelling allowance bills of the establishments of F.S.Os. As these establishments are not subordinate to the Dy.C.Fs./D.F.Os. the bills need not be submitted through these officers. (BFM II, 74)

(iii) Forest Settlement Officer's Position is solely that of a Judge :- However, valuable and useful suggestions and advice of the F.S.O. may be, both to the Forest Department

and to the district authorities, in connection with the administration of forest lands, it is not constitutionally any part of that officer's duties to submit to the executive authorities official recommendations which relate to the executive management of forests. His position, in proceedings affecting reservation under the Forest Act, is solely that of a judge. In this capacity he has the power to determine the rights of the State and or the people in certain forest areas, to provide for the exercise of adverse rights, to regulate them or to extinguish them; and the G.I. would prefer, both for the administrative and financial reasons, that the official action of F. S. Os., should be confined to performance of these duties. (BFM II, 75)

(iv) Collectors and their assistants should co-operate with F.S.O. :- The collectors and their Assistants in charge of talukas are to the utmost of their powers to co-operate with

the F.S.O. so as to facilitate the progress of his settlements and prevent undesirable delay in their completion. (BFM II, 76)

(v) Forest Demarcation Officer should consult Dy.C.F./D.F.O. :- It is essential that the F.S.O. should, when preparing the demarcation scheme, work in consultation with the

Dy.C.F./D.F.O. (BFM II, 77) (vi) Duties of district officers with regard to settlement :-

District officers should consider it to be their duty to bring to the notice of F.S.Os. the existence of any rights likely to be overlooked. (BFM II, 78)

5.04 Duties of a Forest Settlement Officer

(i) Proclamation by the Forest Settlement Officer under section 6 :- The proclamation by the F.S.O. under s. 6, I.F.A., for lands proposed to be constituted reserved forests

under s. 4 should be as simple as possible and follow the order of the heads (I) (a), (b), (c), Under (a) the whole extent of the reserve should be indicated in general terms, and afterwards the particular numbers taken up in each village should be specified in the proclamation for that village, under (b) the consequences appear to be those set forth in s. 23, 24 and 26. (BFM II, 79)

(ii) Proceedings under s. 7 and 11 should be full and formal :- The proceedings of F.S.Os. under s. 7 and 11 should be full and formal, following the forms of procedure

in civil suits. They should, of course, regard the contention of Government in reliance on the opinion of the R.L.A. simply as the case of one party to a suit. (BFM II, 80)

(iii) The extent of which rights should be required into :- As regards inquiries by F.S.Os. into rights, it is sufficient if full and clear notice is given as required by the

Forest Act. It is part of the duty of these officers to hunt up imaginary claims for decision or to put up people to

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making claims they never dreamt of. The F.S.O. will of course take care that no stupid, ignorant man is injured by his claims not being considered, but beyond this he is not required to go. (BFM II, 81)

(iv) Rights can not be admitted in one taluka simply because they exist in another. Privilege to be kept separate from rights :-

As regards privileges, a F.S.O. may make such recommendations as the circumstances seem to him to justify or necessitate, but the question of privileges must be kept entirely separate from that of rights, and no rights should be admitted except those which are satisfactorily established. It cannot be allowed that the fact that certain rights have been proved or admitted in certain talukas furnishes of itself sufficient evidence or authority to warrant a F.S.O. in ruling that those rights must be granted in other talukas. The F.S.O. is required in each case to take the facts he finds them and to admit rights only where he finds their existence proved. He cannot admit rights in one taluka simply because they have been admitted in another. (BFM II, 82)

(v) Rights of way :- It is the duty of the F.S.O. to enquire into the existence of rights of way as well as any other rights, even if

they are not claimed, and necessarily to define in his proceedings whether they are public or private, high roads, cart tracts or bye-paths. No right of way thus defined and admitted can be afterwards stopped without the previous sanction of the State Government and until a reasonably convenient substitute has been provided. The provisions of the Act are most distinct and careful, and Government desires that they may be most strictly followed by all officers concerned in forest settlement and management. Any vexatious and illegal interference with forest rights or rights of way in forests will be visited with the severest displeasure of Government. (BFM II, 83)

(vi) Particulars to be recorded in awarding rights of way :- In awarding rights of way the following particulars should be recorded under the following distinct heads

by F.S Os. :- (a) in whom the right vests, namely (1) the general public (2) the inhabitants of any particular village or

villages to be named (3) any private person or persons, to be specified by name; (b) the nature of the right whether for men, animals or carts a roadway, cart tract or path; (c) the width of the roadway or pathway; and (d) whether the way is marked on the village survey map or not. When the way is so marked, it should be

distinctly decided that the way will lie along the route so marked. If for special reasons diversion is allowed, such diversion should be specified and its locality indicated as nearly as may be feasible, without actual survey.

Past cases need not be re-opened in any wholesale fashion. But when it is found that want of precision in defining a right of way has led to substantial inconvenience and serious trespass on forest reserves, the Dy.C.F./D.F.O may in his discretion move the F.S.O. to define the right of way with the accuracy required in this article, and the latter shall thereupon supplement the record with the necessary particulars. The Dy.C.F./D.F.O. may then take any action that may be required under s.25 (BFM II, 84)

(vii) F.S.O. should consult Chief Conservator before exchanging forest land :- The F.S.O. should always consult the Chief Conservator before actually concluding any exchange of

notified forest land for other land. (BFM II, 85) (viii) (a) Various ways of commuting rights :- There is no objection to commutation, where necessary by the F.S.O. of rights either by the payment of a

lump sum or by a cash allowance, or by remission of Judi, or by giving land revenue free; but a cash payment would in most instances be most advisable in the interest of Government. (BFM II, 86)

(b) Proposals for afforestation under s. 20 should contain details of rights :- In submitting proposals for afforestation under s. 20 it should invariably be stated whether any rights have been established over the lands proposed for afforestation and, if so, the nature of such rights should be indicated. (BFM II, 87)

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5.05 Appeals against Orders passed by Forest Settlement Officer

(i) Cases in which Assistant and Deputy Collectors should appeal :- The Assistant or Deputy Collector in charge of the taluka should be empowered, under s. 17 to present an

appeal against any order of the F.S.O. under s. 16 which may appear to him injurious to the interest of Government land revenue, so that all such cases may be brought under the review of the Collector. To enable the Assistant or Deputy Collector to decide whether an appeal should or should not be preferred, a copy of every decision passed by the F.S.O. under s.16 should be communicated to him by that officer. (BFM II, 88)

(ii) Cases in which Chief Conservators should appeal :- Care should be taken that a copy of the F.S.O.’s report and of any orders passed by him under s.12 is

communicated to the Chief Conservator of Forests in time to enable him to prepare an appeal under s.17 within period specified in that section, should such an appeal to be deemed expedient.

(BFM II, 89) (iii) Copy of award of rights to be supplied to Chief Conservator through Dy.C.F./D.F.O. : -

A copy of every award of a right against the forests, save of a right of way, in respect of any lands which may be made by a F.S.O. should be forwarded through the Dy.C.F./D.F.O. to the Chief Conservator of Forests by the F.S.O. immediately upon the award being made. (BFM II, 90)

(iv) Pleaders, s. 19 :- In the margin of s.19 is the word "pleaders", which seems to show that the section refers to the appointment

of Counsel by the parties. It may be assumed, as a matter of course, that the F.S.O. will consult the Forest Department in all his proceedings, and a formal permanent appointment of the forest officers, under s. 19 to appear for Government is not necessary. (BFM II, 91)

(v) Employment of District Government Pleaders in appeals :- Chief Conservators of Forests are authorized to employ District Government Pleaders generally for the

purpose of appeals against the orders of F.S.Os. whenever such appeals are preferred. The Chief Conservators should instruct the District Government pleaders as to the ground on which their appeals are to be based. (BFM II, 92)

(vi) Advice of Legal Remembrance to be obtained in important cases; Collector and Forest Settlement Officer should not take part in correspondence regarding appeals :-

In the inquiry into all important claims on which the F.S.O. will pass orders under s. 11, 12, 15 or 16 or in regard to which appeal is preferred under s.17, the forest officers who are responsible that the interests of Government are adequately represented should apply under the standing rules for the advice and assistance of the R.L.A., who will make proposals to engage counsel as he may think necessary. The Collector, who is deputed to appeals under s. 17, should not, of course, take part in these proceedings. The F.S.O., who exercises in these enquiries the powers of a Civil Court, cannot with propriety take part in communications relating to the evidence to be collected for the defence. Any decision of the executive Government against admission of forest right is simply a statement of the position which Government proposes to defend if it is assailed in the F.S.O.'s Court, and is in no way intended as an instruction to the F.S.O. in his judicial capacity. This should be obvious, but the matter is plainly stated here because it has some times been misunderstood. (BFM II, 93)

5.06 Notifications under the Indian Forest Act Regarding Afforestation etc.

(i) Forms of Notifications under s. 4 and 20 :- Notification under s.4 and 20 of the I.F.A. should be in the Forms i & ii. Appendix V (i)

(BFM II, 94) (ii) Names of villages should be entered in Devnagari character in draft notification :-

In all draft notifications relating to forests submitted to Government the correct names of the villages should be entered in the Devnagari character below the English spelling. (BFM II, 95)

(iii) Mention of Survey Nos. in notifications under s.4 is not obligatory :- As regards the question whether a notification under s. 4 satisfies the requirements of that section in

describing the lands to be constituted reserved forest by the numbers which they formally bore, but which, as the survey has been revised, they no longer bear, it is to be observed that section 4(1) (b) requires a notification "specifying as nearly as possible the situation and limits of such land", and the limits will be sufficiently described under explanation I to that section by boundaries that are well known and readily intelligible. The Act

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does not require the survey numbers to be specified at all. That is probably the most convenient mode of description in this state, but there is no necessity for citing the numbers so long as the limits of the land are indicated in a way that the public can recognise.

The notification under s.20 is intended to be more precise as a final record of rights. This is indicated by the words "definitely according to boundary marks erected or otherwise" in the last sentence but one of that section. It is not necessary, before issuing a notification under s.4 to wait till the materials necessary for one under s. 20 are ready. (BFM II, 96)

(iv) Parts of Survey Nos. should be described in detail in notifications :- The not uncommon entry "Part of Survey No." in schedules to notifications under the I.F.A. does not

convey to intending claimants sufficiently accurate information as to the situation and limits of the land notified.

A demarcated plot in the north-west corner of the survey number; plan open to inspection in the office of the Forest Settlement Officer.

It is therefore, directed that such parts of survey numbers should be described in more detail by a remark of the kind noted in the margin, care being taken to demarcate the land and plot it on the F.S.O.'s map before the notification is submitted.

In the case of a whole survey number its situation and limits are sufficiently described by the survey number itself without further description. (BFM II, 97)

(v) Alterations in areas due to measurement need not be notified :- It is not necessary to notify alterations in the areas of forest lands due to measurement by the Survey

Department, it will be sufficient if the necessary corrections are made in the forest registers of the villages concerned and the alterations are taken into account in preparing the area statements appended to the forest administration reports. (BFM II, 98)

(vi) In notifying revised Survey Nos., areas need not be specified :- In the notification publishing the revised survey numbers by which the lands originally notified as reserved

forest under the other numbers are subsequently designated, it is not necessary to specify the area according to revision survey. (BFM II, 99)

(vii) Re-notifying boundaries of forest reserves :-

Cases arise in which it may be desirable to publish, by means of a fresh notification, amended description of the boundaries of forest reserves already notified under s. 20 of the I.F.A. or under other forest enactments. It has been ascertained that there is no legal objection to this course, if the fresh notification provides for the substitution of the boundaries for that which was originally notified, and which, though purporting to describe the boundaries as they existed at the time, has subsequently become incorrect or proved to be open to misconstruction. The form of notification given in Form iii is considered suitable for such cases and may be employed whenever necessary. The procedure permitted in this paragraph must not be held to extend to any such alteration of the boundaries on the ground as would involve either the inclusion of new areas or the exclusion of lands which have already been notified as reserved forest. Such changes require either new settlement or, in the case of disforestation, the previous sanction of Government. Appendix V (i) (BFM II, 100)

(viii) Method of numbering forest areas parts of which are dis-afforested :- When parts of a forest number are disafforested and the remaining forest area of the number is in

consequence split into separate sub-divisions unconnected with each other, the newly formed sub-divisions should bear the number of the parent number with the addition of alphabetical letters, e.g., 80-A, 80-B, 80-C and so on. (BFM II, 101)

(ix) Notification of sub-divisions of forest survey numbers :- If a survey number, after being one notified a reserved forest, is split up into sub-divisions, or if on re-

measurement the area of the land is found to differ slightly from the area as originally recorded, no fresh notification is required under s. 20. Since, however, that section requires that the limits of the reserved forest should be definitely specified it is desirable that the changes should be notified whenever the numbering of the land has been changed and there is a difference in area, the form of notification being as shown in Form iv.

Appendix V (i) (BFM II, 102) (x) Form of notification under s. 29 :-

The notification under s. 29 declaring land protected forest should be in the form given in Form vi. Appendix V (i) (BFM II, 103)

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(xi) Form of deprotection of land under s. 29 :- Form of deprotection of land under s. 29 is given in Form vii. Appendix V (i)

(xii) Form of notification under s. 30(b):- The notification under s. 30(b) declaring land protected forest should be in the form given in Form viii.

Appendix V (i) 5.07 Demarcation

(i) Objection of demarcation :- The work of demarcation is of primary importance not more than the interest of the Forest Department than

to protect the cultivators from the oppression and hardship they must necessarily be subjected to if the restrictions essential to forest conservancy are not limited to well-defined areas. (BFM II, 104)

(ii) Revenue and forest officers should be consulted in drawing up demarcation scheme :- The opinion of the forest officers should be obtained in passing demarcation proposals. The Demarcation

Officer should consult every local official concerned in forests or agriculture, and any differences of opinion should be placed before the Commissioner and Chief Conservator, that, if possible, unanimity may be attained before proposals are submitted to Government. The excessive bulk and complexity of forest settlement reports might thus be greatly reduced. A Dy.C.F./D.F.O. should always have an opportunity of offering his observations concerning proposals made by a F.S.O. and his remarks should be forwarded to Government with the other reports. (BFM II, 106)

(iii) Channel of submission of demarcation proposals :- Any forest demarcation proposals prepared by the Chief Conservator of Forests should be forwarded

through the Collector and Commissioner, who will after such examination of them as they may deem necessary submit them to Government with their remarks. (BFM II, 107)

(iv) Survey Nos. should not be split up to secure straight boundary :- To throw up river bank forest to attain symmetry of boundary or to provide a small additional area of land

for cultivation is in the opinion of Government a mistaken policy. The splitting up of survey numbers should be most carefully avoided, except in cases where owing to the very large size of the number or any other very special cause such a course is found to be absolutely necessary.

Resort should certainly not be had to it merely to secure straight and even boundary lines. (BFM II, 109) 5.08 Settlement and Demarcation Report

(i) Data required in the Settlement Report :- The papers of a forest settlement when placed before Government should comprise :-

(a) a list of already notified reserves as they are to be retained permanently; (b) a list of notified reserved lands which it is proposed to exclude from reserves with reasons in details, and the

view of the Dy.C.F./D.F.O. (c) a list of new lands which it is proposed to constitute reserved forest (to be notified under s. 4) with reasons; (d) a list of lands, if any, which it is proposed to make protected forest under s. 29, perhaps also. (e) a list of occupied lands which it is desirable to acquire for forests; and (f) a record of rights awarded in reserves.

The Collector should draw up a sketch plan when F.S.O. is a young officer :- Where the work of forest settlement is to be done by a young officer of two or three years service, and

especially when there has been previous discussion, the Collector may secure a great economy of time and labour by laying down a general plan after consulting with the Dy.C.F./D.F.O. before the Settlement Officer begins his work and indicating on the map in what localities the notified forests, chiefly seem to require enlargement, reduction or consolidation. He might also, with excellent effect, supervise and direct his Assistant's forest work and assure himself that his proceedings are guided by right principles and recorded in a clear and intelligible way. (BFM II, 110)

(ii) Demarcation report should, as a rule, be also a settlement report :- It is desirable, as a general rule, that a demarcation report should also be a settlement report, and still more

desirable that when proposals for the forest demarcation of a taluka are submitted they should at least be accompanied by a full statement of the nature and extent of the forest privileges, of which the grant is advocated. In case where the combination of a report on the settlement with a report on the demarcation would materially delay the submission of a report for a taluka, the demarcation report should be supplied separately but

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in such instances the report on the demarcation should clearly state the forest privileges recommended to be given. (BFM II, 111)

(iii) Instructions for submission of settlement and demarcation reports :- The following instructions to F.S.Os., Commissioners, Collectors, Assistant Collectors and Forest Officers

have been laid down by Government : (a) Interests of both agriculture and forest conservancy should be considered :- No precise instructions having

been issued as to the form in which proposals for the demarcation and settlement of forests should be placed before Government, the reports of the F.S.Os. are not uniform and are often less complete than is desirable. Government should be in possession of all relevant facts needed for a decision whether both the interests of agriculture and the requirements of forest conservancy have been adequately regarded and if these facts are carefully collected and arranged before the Collectors, Commissioners and Chief Conservators may form their conclusions upon them, there will be a greater probability that the revenue and forest officers will be able to submit to Government a scheme on which they are all substantially agreed.

(b) Details which the report should contain :- Such a scheme should comprise facts and proposals under the following heads:-

Demarcation of the area naturally suited for reservation as reserved or protected forests; proposals for alternate closure and opening for grazing and other uses; estimate of the number of cattle for which grazing can be provided; months in which grazing is to be available; probable amount of supply of cut grass from closed reserves; history of previous uses of all land enclosed in forests under head of "old reserves", "free pasture", "assessed and unassessed waste"; review of live stock of taluka and purposes for which it is used, i.e., for the agriculturists' personal uses or for profit; grazing resources of each village which has contributed land to forests, demand of each village for grazing in forests; opinions as to proportion of free grazing and grazing on fee, with regard to the general regulations on the subject, what animals (sheep, goats, camels) are to be excluded; what privileges other than grazing are recommended; what rights are claimed and admitted; proposals for disforestment.

(c) Division of labour among the officers concerned in framing the report :- The division of labour among the officers concerned in framing the settlement proposals, and the heads under which their several tasks would fall, may be thus suggested:-

Part I :- The F.S.O. submits his demarcation proposals, stating the area to be constituted and maintained as reserved and protected forest. He works in consultation with the revenue and forest officers of the district, is bound to have careful regard to their criticisms on behalf of the interests they represent respectively, and is expected to submit proposals which are either unanimously approved or contain full elucidation of any conflict of opinions.

Part II :- The submission of a provisional scheme by the Dy.C.F./D.F.O. and Chief Conservator with illustrative map, for the utilization of the demarcated area, general plan of working, proportion and rotation of closed area where plantation and sowing will take place, stating time when it is likely to be taken up for forest uses, extent and locality of grazing land, capacity (estimated in acres per head) of the grazing land to admit cattle. The proposals should as far as possible have the concurrence of the revenue officers and should be submitted by the F.S.O. as Part II of his record. Part I and II having dealt with disposition and capacity of the forest area, Part III will deal with the popular requirements for its use. The data will be worked out by the F.S.O. thus :-

Part III :- The Forest Settlement Officer will supply :- (1) The facts as to user for grazing and other forest produce as existing before his demarcation and his

proceedings under the Forest Act, respecting all the land included in the forest area. He should particularly note the area of "old reserves" included in the demarcated area, the density of forests in the old reserves, and state from what date these reserves have existed as such, and what has been practice as to grazing or other privileges in them.

*(2) Statement by villages of gairan, gurcharan or other free pasture (Set apart under s.28 L.R.C., or otherwise) included in demarcated area. (Section 22 of MLRC, 1966)

*(3) Statement by villages of unoccupied waste, assessed and unassessed, and of grazing land previously sold annually by Collector now included in demarcated area and of proceeds of such sale.

*(4) Statement by villages of any other grazing or cultivated land previously outside but now included in demarcated area e.g. occupied land bought or acquired by exchange.

[*- (2), (3) & (4) may conveniently be united in one statement, together with statistics of population, number of

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cattle, total area, area under cultivation, unoccupied waste, assessed and unassessed, left after demarcation.]

[Note :- By R. 2559 of 2-4-1886 and 4160 of 10-6-1886, a form of village statistical statement to accompany Forest Settlement Reports has been prescribed]

(5) The local practice as to cattle-keeping for – - the plough,

- dairy produce, - breeding for sale;

also to sheep and goats; Whether the plough-cattle are grazed on forest areas or stall-fed. If the former, in what months forest

grazing is demanded and in what months the cattle are at home. If the latter, whether the plough – cattle cannot be stall-fed by grass cut and taken from closed reserves. Whether sheep, goats and camels cannot be fed outside forest area. (6) For each village contributing land to forests :-

- The amount of grazing land in village limits not taken into forests; position of each village as to extension of cultivation; suggestions as to future use of such grazing lands as free pasture or to be sold annually by auction; quality and - where assessed-average assessment of this land.

- Analysis for each village of all grazing resources outside of forests and calculation of number of cattle which :-

can be provided with grazing in the village outside forests, can be stall-fed on grass cut in forests, must have grazing provided in forests; of which

- how many for plough and supply of milk, etc., to owners. - how many for trade and profit.

(7) Average acreage given out for cultivation during the last ten years.

(d) Grazing scheme :- It is not intended that on these statistics exact rules should be formulated by Government for the limitation of cattle to be admitted to graze in forests, as that is a matter which should be left to local arrangement according to circumstances. The facts will enable Government to judge the nature of the requirements in each case and the reasonableness of the scheme submitted, and they will also furnish the local revenue and the forest officers with a guide in shaping correctly the local regulations as to the opening of forest areas for grazing and the levy of fees.

(e) Report should be approved by both revenue and forest officers :- A forest settlement scheme will be considered satisfactory only when, after full consideration of all interests, it is unanimously recommended by both the departments with a clear demonstration that it adequately provides for the wants of agriculture as well as for judicious and beneficial forest conservancy. (BFM II, 112)

(iv) Report to be submitted by Commissioner in print :- All forest settlement and demarcation reports, with the remarks thereon of the officers concerned, should be

submitted by the Commissioners to Government in print instead of in manuscript. The appendices to the reports may be submitted in manuscript.

Number of copies to be printed :- On receipt from the Commissioner of the manuscript report the Manager, Government Central Press, should in each case, ascertain in the usual way the number of copies required for the use of Government.

The Commissioners will ascertain in each case the number of copies required by the revenue and forest officers and communicate it to the Manger, Government Central Press. (BFM II, 113)

(v) Maps to accompany forest settlement reports :- The maps of the Topographical Survey should be made use of in forest settlement reports and the effect of

proposals indicated on them. (BFM II, 114) (vi) Village sites should be shown on the maps :-

In all maps sent with forest demarcation reports the different village-sites should be shown, so that their proximity to the proposed reserves might be seen at a glance. (BFM II, 115)

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5.09 Settlement Records

(i) Supply of forest demarcation maps to the Survey Department and correction of survey records :- When any demarcation has been finally sanctioned by Government the Demarcation Officer should forward

to the Revenue Survey Department, through the Chief Conservator of Forests, the copy of the village map or maps on which he has laid down the boundaries of the land included in the forest reserves showing by a distinguishing colour whether the reserve is of the first or second class; and in cases where both classes or reserves may be represented on the same map, indicating the limits of each by their respective colours. The position of the forest boundary marks should also be entered in the map.

The map should be accompanied by a statement showing in a tabular form the survey numbers, areas and assessment of such lands as have been included in the reserves. On receipt of these papers the Superintendent of Survey will make the necessary correction in the Survey Records, returning the demarcation map to the Chief Conservator. The Superintendent should, at the same time furnish the Chief Conservator with two fresh copies of the village map with the forest boundaries shown thereon. The Superintendent should make the reduction of assessment appertaining to the lands taken up for the reserves, reporting the amount to the Commissioner in view to his issuing orders for being deducted from the village accounts. (BFM II, 116)

(ii) Settlement and demarcation records should remain in Collector's record room:-

The entire record of a Forest Settlement and Demarcation Officer, including original maps, proceedings etc., should on the completion of the work be made over to the Collector and remain in his record room. Copies of such of the maps and documents as the Commissioners consider are likely to prove useful to forest and Revenue Officers should be supplied to them. (BFM II, 117)

(iii) Forest register should contain statement of rights and privileges and be prepared by F.S.O. :-

(a) The forest register should contain an accurate statement of all rights and privileges. It should be prepared and signed by the F.S.O. after the work of settlement and demarcation is complete. In effecting settlement when no rights are admitted an entry to that effect should be made in the forest register.

(b) Dy.C.F./D.F.O. responsible for its subsequent maintenance :- The forest register should be prepared in the form ix given in Annual Plan Proposal. The details for each village should commence on a separate page of the register and sufficient space should be left for subsequent additions and corrections. On completion it should be supplied to the Dy.C.F./D.F.O. concerned who will be responsible for its subsequent maintenance.

Appendix V (i) (c) Every subsequent notification or order which effects changes in the forest survey nos., areas or rights or

constitutes new areas as forest or grants further rights should be inserted, immediately after its promulgation, in the forest register under the village concerned with the necessary details.

(d) A forest register for the entire circle will also be maintained in the Chief Conservator's office. On the 1st August, in each year the Dy.C.F./D.F.O. will furnish the Chief Conservator with brief particulars concerning all entries made in the divisional forest register during the preceding 12 months. (BFM II, 118)

[C] BOUNDARIES AND BOUNDARY MARKS

5.10 Boundaries and Boundary Marks

(i) Demarcation of boundaries :- Perfect symmetry of forest outlines and mathematical accuracy of boundary are theoretically desirable,

and may be aimed at as far as is practicable, but to secure these objects it is not desirable to sacrifice any material area of forest, to exclude from reserve, plots of land of considerable size which have been included in them for years and are covered with trees and vegetation and to take from cultivation any comparatively large quantity of land on which rice or garden crops are now grown. Save when the boundary line is very irregular, and valid reasons exist rendering its rectification expedient, the conversion of pieces of land now cultivated into reserved forests, and vice versa, should not be carried out merely in order to obtain a perfectly symmetrical boundary; what are required are well defined limits, a tolerably regular boundary, and the concentration, as far as may be, of cultivation and forest respectively in considerable areas. (BFM II, 120)

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(ii) Economy to be practiced in erecting boundary marks :- Care should be taken to practice economy in the erection of the longer description of boundary-marks in

forest. There is no necessity for their being so near together as at intervals of a hundred feet. It will be advisable that the one on each side of it should be visible from each of these. With this exception, all intermediate bends may be denoted by smaller marks. (BFM II, 121)

(iii) Rules relating to forest boundary marks and their upkeep :- (a) A special forest boundary mark is to be built at every survey mark. (b) If the survey boundary marks are so far apart that the special forest boundary mark at them cannot be seen

owing to the distance, or the physical configuration of the ground, then intermediate special forest boundary marks must be erected between the two points so as to make the line clearly visible.

(c) To avoid erecting more special forest boundary- marks than are absolutely necessary, and also to define the true line of boundary clearly, all bushes and undergrowth between two boundary marks should first be removed.

(d) This clearing should consist of cutting down only all the undergrowth that impedes the view, preventing one forest boundary-mark being seen from its neighbouring one, or when crossing the boundary line at any point, two boundary marks, one on the right hand and the other on the left, should be visible.

(e) The breadth in the clearance should, in no case, exceed six feet or two paces, unless the line constitutes a fire line or the special conditions indicate the need of clearance up to a maximum limit of 12 feet.

(f) Nothing is to be cut growing outside of the true forest boundary-line. (g) Trees on the boundary should not be cut down so long as they do not obscure the view of the boundary marks

one from the other, unless for clearing a fire line. (h) Whether there is but little to cut, the beat guard can clear the boundary-line with his own hand if his other duties

permit; if not, the work should be done with as little cost to Government as possible under the special sanction of the Dy.C.F./D.F.O. in each case and subject to provision being available in the sanctioned budget in the year.

(i) But where the undergrowth is heavy the work may be undertaken at Government cost, funds being provided for it in the budget.

(j) The beat guard must, after the boundary has once been cleared, keep down all regrowth. (BFM II, 122) (iv) Specification of forest boundary marks :-

The Chief Conservators of Forests should prescribe the type of forest boundary marks which they consider suitable in a particular locality or country. The following general instructions are however issued for guidance :-

(a) In hilly country and also in the plains where stones are to be found in considerable quantity there shall be two classes of forest boundary-marks of the following specification:

Shape :- A truncated cone. Description :- Built of loose stones upon an excavated foundation so that the lowest tier of stones shall be held in position and not pushed out by the weight of the superstructure, especially when the ground becomes wet and slippery. The interstices between the large stone composing the cairn are to be filled in with small stones and the outer stones are to be wedged with stone chips. A shaped stone showing a height of a least 15 inches is to be fixed firmly on the top of the cairn in the centre. Foundation :- 15 cm. to be dug out. Dimensions :- First class mark to have a base of 2.1 m. diameter, to be 1.5 m high and the top to be 1.2 m diameter. Second class mark to be on the base of 1.2 m diameter, to be 1 m high and to be 0.75 m in diameter on top. Indicator :- A cut stone showing at least 40 cm. clear of the cairn to be embedded firmly in the centre on top, the stone to be large enough for a serial number to be cut on it if required. Colour-wash :- The stone to be colour washed annually red in the case of closed forests and white in the case of open forests and lines of the same colour are to appear on the top of the cairns radiating from the centre stone to show the direction of the boundary lines. Position :- A first class boundary-mark to occupy main points and angles, such as where the boundary of a forest block, forest compartment or village may intersect the forest boundary, and where the latter may take an abrupt turn. A second class boundary mark to occupy intermediate points.

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N.B.:- (1) The boundary marks are to be placed at visible distance one from the other, so that from any mark its neighbouring one on both sides can be seen clearly. (2) Where loose stones are not plentiful, instead of smaller cairns to occupy intermediate stations, the first class marks can be connected by a row of stones, showing 30 cm above ground placed in a single line, one guntha chain or 20 m apart which are to be coloured red or white as the case may be.

(b) In the plains where loose stones are not plentiful, the forest boundary mark may consist of truncated cone made of earth well rammed, or of sun dried bricks, or it may consist of the ordinary survey band or boundary-mark with a stone stuck on the top which will be coloured red or white as the case may be and the bands upon the forest boundary will be connected by stones showing 1 foot above ground to be colour-washed red or white as the case may be. (BFM II, 123)

(v) Rules for the inspection and maintenance of forest boundary marks :- (a) The forest guard of the beat will be responsible for the maintenance and protection of all the boundary-marks in

the forests of his beat, he will colour wash them annually after the Divali holidays and will make a special report of having performed this work; he will repair with his own hands and marks that may become disarranged.

Each forest boundary-mark in his "beat" is to be specially inspected by the beat guard at least once every year, and a record of his inspection is to be entered in his diary.

(b) The Round officer will be responsible for the maintenance and protection of the boundary-marks in the forests of his round and he will see that they are maintained in proper repair, and colour washed by the beat guard, as directed.

The Dy.C.F./D.F.O. will divide the boundaries of the forest of each round into five specified sections by villages and allot each section to a specified year in regular rotation for detailed inspection by the Round officer. The Round officer will specially inspect every forest boundary mark in the allotted section and record every inspection made in his diary. He will also submit a special report to the Dy.C.F./D.F.O. through the R.F.O. upon the state and condition of the boundary marks, forest boundaries, etc., as soon as he has completed the inspection of the boundaries of the section allotted to the year.

(c) The R.F.O. will, during the official year, inspect and specially report on the state and condition of the forest boundaries and forest boundary marks of not less than two miles of forest boundary in every "beat" in his range. A record of inspections made will be entered in his diary when they may occur. (BFM II, 124)

(vi) Boundary marks of interior survey need not be kept up, those outside should be annually repaired :- The boundary-marks of interior survey numbers of a forest block may be allowed to fall into disrepair, the

boundary-marks on the outer boundary of the outer survey numbers on the forest reserve boundaries being annually inspected and repaired. (BFM II, 125)

(vii) Prickly-pear fencing- Prickly-pear should not be used for fencing. (BFM II, 126) (viii) Areas which should be wire-fenced :- Wire-fencing should be restricted to such works as valuable operation, nurseries, protective reboisement

works, depot compounds, etc. Any large expenditure upon wire-fencing of forest should be justifiable in the interest of forest conservancy. (BFM II, 127)

[D] FOREST SURVEYS AND MAPS

5.11 Forest Surveys and Maps:-

(i) Procedure to be followed in connection with forest surveys and in obtaining forest maps :- The procedure described below is laid down for the guidance of forest officers in connection with forest

surveys and in obtaining forest maps :- (a) The survey of forest area is carried out as part of the topographical survey which is gradually being extended

over the whole of India. The normal scale which has been adopted for the survey is one inch to 1 mile, but in certain undeveloped parts of the country, it is ½ inch to 1 mile and, in some remote and sparsely populated regions, only ¼ inch to 1 mile, while as a rare exception in the case of very fully developed industrial districts, the scale may be larger than 1 inch to 1 mile. In each case the maps are published on the scale of the survey and are obtainable by purchase or indent about a year after the survey has taken place.

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(b) The ordinary topographical map is, however, not always sufficient for forest purpose, the scale may be too small and a map showing additional forest information, such as the interior boundaries of a reserve may be required or it may be necessary to make a special survey and record of a reserve boundary where it does not follow a natural feature.

When this is the case, a special survey can be carried out and a special forest map, or boundary map, prepared at the time of the topographical survey of the area in which the reserve is situated, provided (a) that the Survey of India is informed of the special forest requirements before the month of March of the year in which the topographical survey takes place and (b) that the Forest Department is prepared to pay for the cost of meeting its requirements, that is, to pay the difference between the actual cost of the survey carried out and that which would in any case have been incurred on the ordinary survey had the forests been surveyed merely to provide the ordinary topographical maps. The Forest Department will pay the whole cost of the drawing of all special maps.

(c) If a survey is considered necessary for a forest which is situated in an area that will not come under topographical survey for some years to come and it is not desirable to wait for maps until the topographical survey takes place, or if forest situated in an area which has requirements, it may be possible for the Survey of India to arrange for a special survey on any scale, provided the Forest Department is prepared to pay the entire cost of the survey and mapping.

Such special surveys of forests which cannot be carried out as part of a survey party's ordinary programme are necessarily expensive and seriously affect the normal operations of the Survey of India, so that they should only be applied for in really important cases.

(d) The departmental rules of the Forest Department and the Survey of India provide for the necessary consultations between Chief Conservators (or Addl. Principal Chief Conservators) and Superintendents of Survey Circles, so that the former are kept informed of the progress and the immediate forecasts of topographical survey programmes and the latter of the requirements of the Forest Department in regard to the surveys of forests which fall within their programme for two years ahead. The Survey of India rules also provide for the requirements of the Forest Department in regard to the forests situated within the survey programmes, and in exceptional cases, of the cost of surveys and maps that may be required by the Forest Department outside the regular survey programmes.

(e) The following rules which have been drawn up in consultation with the Surveyor General summarise the procedure to be followed in connection with the cost of forest surveys executed by the Survey of India :-

(1) Except when the Survey of India is asked to make a special survey of a forest, all forest areas will be surveyed on the scale adopted for, and at the time of the topographical survey of the region in which they are situated, and will be shown on the Survey of India topographical sheets, which can be obtained by purchase or indent about a year after the completion of the survey.

(2) When the ordinary Survey of India topographical maps do not satisfy "Forest" requirements, a special forest survey can be carried out and a special forest map prepared of any forest, or of any forest boundary, situated within the ordinary programme of the topographical survey party, provided that the Forest Department is prepared to pay for the additional costs of the work.

(3) When the survey of a forest or of a forest boundary is urgent and the forest is situated outside the ordinary topographical programme, the Surveyor General will endeavour to make special arrangement for the necessary survey and mapping, provided that the Forest Department is prepared to pay the entire cost of the survey and maps. Such special surveys outside the ordinary topographical survey programme, require the sanction of the Government of India and no application should be made for them unless they are really urgent and necessary. (BFM II, 129)

(ii) Maintenance and correction of forest maps in Chief Conservator's and Divisional offices and Forest Map office, Dehra Dun :-

(a) Chief Conservators and Dy.C.Fs./D.F.Os. should maintain in their offices maps of all forest areas in their jurisdictions and keep them corrected from time to time.

(b) In order that the maps in the Map office at Dehra Dun, showing the areas covered by forests in the several states, may be completed in respect to the data available upto date, a copy of all notifications and orders constituting reserved and protected forests, or modifying (by exclusion or otherwise) the boundaries of such forests, or altering administrative limits or names of divisions or circles, or introducing any other change affecting forest maps, should be forwarded by Chief Conservators, together with an indicative tracing or sketch map, direct to the officer in charge Forest Map Office, who is charged with the duty of making the necessary entries and

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alterations in the maps in question. A small scale map of areas added to sanctioned working plans should also be forwarded direct to that officer. (BFM II, 130)

(iii) Contributions of State Governments towards the upkeep of the Forest Map office, Dehra Dun :- In connection with the report of the Indian Retrenchment Committee, the Government of India decided on

the system of recovering the proportionate cost of maintaining the Forest Map Office at Dehra Dun from the State Governments on the ground that the survey and other mapping works done by that office are almost entirely on account of latter Governments. The cost involved is accordingly distributed among the several State Governments on the basis of areas of forest, whether reserved or not, under them which were specially surveyed in each state (on a scale larger than the ordinary topographical scale of one inch to a mile) and of which forest maps have been produced. An annual contribution thus arrived at is payable by the Maharashtra Forest Department subject to such revision in this arrangement as may be determined by the Government of India in consultation with the Government of Maharashtra. (BFM II, 131)

(iv) Catalogue of forest maps :- The preparation of the forest map catalogue by the Forest Map Office, Dehra Dun, has been discontinued.

That office will however maintain for its own use forest indexes in manuscript which are far more valuable than the old Forest Map catalogue. Relevant extracts from these manuscript indexes can be supplied on application if there is any future demand for the publication of a catalogue or index maps, the cost thereof should be borne by the State Government concerned. (BFM II, 132)

(v) Standardisation of symbols and colours used for forest maps :- Symbols and colours to be used for forest maps have been standardized by the Survey of India Department

and standard tables embodying them are obtainable from that Department. As decided at the meeting of the Board of Forestry held at Dehra Dun in 1934, these symbols and colours should be adopted by Working Plan Officers and Dy.C.Fs./D.F.Os. for all forest maps in future. (BFM II, 133)

(vi) Normal scale to be employed for forest survey maps :- The normal scale for the forest maps should be one of 4 inches to the mile, but it is open to the Chief

Conservator of Forests to obtain sanction at any time before a survey is taken in hand for the enhancement of the scale of 8 inches to the mile if the forests are very valuable or for the utilization of the ordinary topographical maps if the forests are of little value, full reasons being given in each case for departure from the normal practice. (BFM II, 134)

[E] DISFORESTATION OF FOREST LAND FROM FOREST TO OTHER PURPOSES [S.27 I.F.A.]

5.12 Disforestation of Forest Land from Forest to Other Purposes:-

(i) Disforestment of lands notified under chapter II as distinguished from those under S.34 of the old Act - As there is a great difference between (I) forests reserved after investigation and settlement under Chapter II of the Forest Act and (II) forest declared to be reserved under s. 34 (of the forest Act of 1879, since omitted from the Act of 1927), subject to subsequent adjustment after investigation, in all cases of proposed exclusion from reserved forests it should be stated whether the disforestation for which sanction is asked concerns forests of the first or second class. (BFM II, 138)

(ii) Disforestation proposals how submitted, and notification forms - (a) A draft notification in the form given in Form v should, subject to such minor modifications as local

circumstances may render expedient or necessary, accompany every application for sanction to disforest land under s.27. The description given in the draft notification of the boundaries of the area concerned should be sufficiently detailed and precise. Reasons for disforestation should be explained in all cases. In case of importance a map illustrating the proposals should accompany the papers.

(b) The form of notification for exclusion of land from protected forest should be as given in Form vii. Appendix V (i) (BFM II, 139)

Note – For rules regarding notifications in general under I.F.A. see A. 5.06.

-----------------------

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∗

It is very necessary that village officers should be made to understand that they are indirectly responsible for the preservation of forests, as being the property of Government. The fact that there is a forest

Part VI Administrative Orders concerning the Indian

Forest Act, and the Statutory Rules and Orders thereunder (Arranged generally in the sequence of the sections of the Act)

6.01 Protection of Forests and Treatment of Forests Offences in General

AO:01 On the necessity for protecting forests :- The Question of forest protection, always a troublesome one, presents special difficulties in the Maharashtra

State, owing to the nature of the forests and the manner in which they are interspersed with cultivation. On the one hand it is imperative that the forest property of the State should be efficiently protected or the danger may arise that the areas reserved become forests in name only, and of no practical use to the country, while on the other hand, the population should not be treated with harshness. The position is rendered more difficult by the fact that some of the most pernicious forest offences are trivial if taken individually, but assume dangerous proportions if considered in the aggregate. (BFM II, 144)

AO:02 Forest conservancy depends on co-operation of people. Need for discrimination in treating offences :- Forest conservancy will never be effective if the people, who live in or near the forests, are opposed to it; their co-operation may be enlisted by considerate treatment, while injudicious severity inevitably creates a spirit of antagonism. No Magistrate of ordinary intelligence would dismiss a case of wanton destruction of seedlings as trivial on the ground that the wood after being cut would fetch a small price, and the District Magistrate should take steps to prevent any such failure of justice. On the other hand, the officers of the Forest Department should be enjoined to act with discrimination in bringing prosecutions. (BFM II, 145)

AO:03 Treatment of trivial offences :- (i) It is most undesirable that ignorant villagers should be prosecuted in the criminal Courts for taking from the

Government forests a few twigs or small braches, or a little brushwood of inappreciable value. Such injudicious severity on the part of the officers of the Forest Department is calculated to do more harm than good and to excite widespread dissatisfaction and angry feelings. In no instance, at all events, should a person be prosecuted for a first offence of so exceedingly trivial a nature. A warning on the part of the forest officer would suffice. But if after being detected and warned once or twice, the same person is again discovered cutting Government trees the circumstances of the case would be altered, and wilful and repeated infractions of the law may form a suitable and proper ground for criminal prosecution. As far as possible, however, such prosecutions should be avoided, and recourse should only be had to them when real injury is being caused to the Government forests, and when there is good reason to believe that the offender is deliberately and of set purpose transgressing the law.

(ii) The prosecution of petty offences against the Forest Act should be discouraged as leading to a great deal of petty oppression. Government would, therefore, press on all magisterial and forest officers the necessity of using great caution and judgement in regard to such offences. For the benefit of the general public and the country at large, Government are bound to do all that lies in their power to recover the forests from deteriorated condition into which, by the uncontrolled action of villagers, they have fallen throughout the State. In carrying out this policy efficiently, the villagers must be treated with a certain amount of firmness which appears to them harsh after the liberty they for so long enjoyed and abused, but Government trust that Commissioners, Collectors and forest officers do as far as they can, and in future will try still further to act in a discreet and judicious manner. (BFM II, 146)

AO:04 Care to be exercised in instituting prosecutions :- The exercise of the greatest care and forbearance are absolutely necessary in the institution of prosecutions

under the Forest Act. Criminal charges under the Act should only be preferred after warnings have been disregarded, and in cases where no reasonable doubt can exist that the offender has intentionally and knowingly transgressed the provisions of the Act, and has not merely ignorantly acted in accordance with previous custom or in pursuance of a right which he in good faith believed that he possessed. (BFM II, 147)

AO:05 Duties of village officers :-

∗ Author APCCF (Protection) & PCCF (P & M)

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establishment, whose prime duty is solely to look after forests, does not relieve the village officers from their share of responsibility in the matter. (BFM II, 148)

AO:06 Village officers to be punished for neglect of duty :- Exemplary punishment should be inflicted on village officers whenever damage has resulted to Government

forests through culpable negligence on the part of those officers. (BFM II, 149) 6.02 Protection of Forests Awaiting to be Notified as Reserved (S. 5 & 26 (1) (A) and 20, I.F.A.)

AO:07 Prosecution under s. 26(1)(a) depends on the respective rights of Governments and the cutters :- As regards the question whether under the provisions in s. 5 of the I.F.A. a person who cuts a tree upon

land which has been provisionally notified under s.4, and is awaiting notification under s. 20, renders himself liable thereby to prosecution under s. 26(1) (a) and to the penalties provided by that section, Government are of opinion that the advisability of prosecuting in such cases would depend in each case very much on the respective rights of Government and the cutters to the trees, but under any circumstances the care and forbearance inculcated in AO:04, in instituting such prosecutions should be exercised by the Forest Department. (BFM II, 150)

AO:08 Protection of areas awaiting notification under s. 20 :- Pending the completion of enquiry into rights, Government do not desire to prosecute where there is a

colourable defence that the accused person supposed himself to be in exercise of a right or custom. In cases where no such defence can be pleaded, prosecution may be allowed, for otherwise the Government forest would be without protection while enquiry is going on.

Moreover, where prosecutions are not allowed at present, it does not follow that the people should be permitted to set at defiance orders which Government have issued on a reasonable view of their rights. Government may, through their forest officers, prevent the exercise by the persons of asserted rights of which Government deny the existence, leaving the claimants to sue Government in order to establish their claims. (BFM II, 151)

6.03 Fire Offences and Fire Protection (S.26(1) (b) and (c), 32 (h) and 33 (d) and (e))

AO:09 Fire offences should not as a rule be compounded: - In cases involving injury to forests by fire the provisions of s. 68, I.F.A., should only be applied cautiously

and for very special reasons; any action which might tend to foster in the minds of an ignorant population the idea that firing of the forests, whether set purpose or through culpable negligence, is not a serious offence, or one which in the opinion of Government calls for vigorous suppression, is manifestly to be deprecated. S. 68 was enacted to meet the case of petty offences, like the illicit removal of forest produce; but cases in which considerable damage is caused by fire to reserved forests certainly do not fall within this category. (BFM II, 152)

AO:10 Duties of Magistrates when trying offenders in forest fire case :- The following instructions are laid down for the guidance of all Magistrates

(i) The setting fire to a reserved forest is a very serious offence, and as such merits severe notice. It is not the actual damage caused at the time that is to be considered, but the injury caused to Government and the people in general by the destruction of the young forest growth and the consequent delay in afforesting the treeless reserves.

(ii) There is reason to believe that some Magistrates consider the offence a venial one owing to the absence of any 'intention' on the part of the offender. It is not necessary, however, under the Forest Act that intention should be proved. Carelessness in the use of fire by which a reserve is burnt is equally an offence, but in the meting out of punishment a distinction can be made if the Magistrate sees fit.

(iii) All Magistrates should be careful in dealing with such forest cases. Forest fires are unhappily but too frequent, and in most cases it is very difficult to discover their origin, but when an accused has been convicted, the above-stated considerations should not be lost sight of, and when the circumstances establish either deliberate intention or very gross carelessness and disregard of ordinary precautions, it is obvious that the punishment awarded should be adequate. (BFM II, 153)

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AO:11 Regarding findings of Magistrates in fire cases :- The statistical information furnished as regards punishments awarded by the Magistracy for forest offences

requires explanation. It has been pointed out by Government that the principal factor in determining the gravity of a forest offence is not the extent of damage committed but the degree of malice or culpable negligence disclosed, and it has been directed that the classification of offences of incendiarism should be based on the Magistrate's opinion. The District Magistrate should pay special attention to this class of cases, call for the proceedings, and examine carefully the grounds upon which the punishments have been determined. The experiment of sending at least a proportion of cases believed to be "malicious" to First Class Magistrates, may be tried. Government trusts that in reporting results the orders of Government will be more closely followed, and that the statistics supplied will be compiled more intelligently. (BFM II, 154)

AO:12 Fire tracing :- Wherever fire-paths are required in the interests of forest conservancy they must be provided by the Forest

Department and not at the expense of the occupants of the lands bordering on forests or within forest limits. The Forest Department must rely mainly on the exertions of its own establishments for guarding the forests against damage. The establishment of the 'coupe' system under which felling is restricted in each season to specified blocks of forest and entirely prohibited elsewhere, must make conservancy more easy than it was when felling was allowed indiscriminately in all parts of the forests. (BFM II, 155)

AO:13 Villagers employed on forest works to be paid at market rates :- (i) Villagers should not be compelled to carry out forest works such as plantation works, burning of fire-lines and

clearing of boundaries. Where they are not bound to do such work in return for the privileges enjoyed by them the work should invariably be paid for either by daily wages at the rates sanctioned by the Government for the forestry work or by piece work rates so calculated as to give a suitable daily wage.

(ii) The wages should not be paid to the village Patel in lump for distribution among the labourers but to the individual labourers direct. (BFM II, 156)

AO:14 Continuous protection of valuable forest from fire :- The success of fire protection must depend to some extent on the nature of the tract, the attitude of the

people and the season. The successful protection for a term of years of a comparatively small area of valuable forest appears to the Government to be of greater importance than imperfect protection of a large area, of which perhaps only an inconsiderable portion enjoys continuous immunity for any length of time. Information on this point should be given in the Annual Administration Reports. It should be stated for each circle what area has been completely protected for five years or more. (BFM II, 157) With the introduction of modern working plans and development schemes many of which involve concentrated artificial or natural regeneration, the necessity for stricter fire protection measures has increased in the interest of conservancy of forests. (a) Forest fires are calamity of the first magnitude and defeat years of labour spent on cultural and regeneration

operations. They must be controlled at all costs. (b) The rules for fire protection operations are therefore prescribed in - Management and working of Reserved

Forests (C P & Berar’s Manual) Annexure IIC (3) (c) Standing order by State forest Department & Protocol on forest fire by GOI

• P.C.C.F. (HoFF) office has issued Standing Order No.D-18/vig/CRNo.204/2000-01/210 Dt.22/5/2001 giving details about the way in which the fires occurring in forests are to be handled and reported. • GOI has issued “Protocol on Forest fires” prescribing the norms and proforma etc. vide letter No.3-6/2006-FPD dated 9/5/2006 for reporting the fire incidents to the authorities at State and Government of India level. Government of India vide letter No.F No.3-30/2007-FPD dated 24/1/2008, has prescribed Revised proforma for reporting fires at Beat level & at State level. Appendices VI (i), VI (ii) and VI (iii)

(d) At the end of Monthly diary between February and June every year, the Divisional Forest Officer and his Gazetted Assistants must mention :-

• Number of fires in the Division and the number actually inspected giving dates. • Area burnt.................... Hectares.

Specially Protected........... Hectares. Generally Protected........... Hectares. Legally Protected............. Hectares.

They should also include in their diaries, remarks on fire protection measures.

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(e) If not more, the importance of proper fire conservancy is at par with the proper execution of cultural operations and following the prescription of working plans.

(f) People of the adjoining villages need to be educated in the matter of forest fires and obligations under the laws in force.

(g) Exemplary punishment should be inflicted in cases of neglect of the staff and non-cooperation by villagers in extinguishing fires. At the same time, members of the staff whose beats or charges remain free from fires need to be suitably rewarded an encouragement.

(h) During the course of their inspections the Chief Conservators of Forests will pay particular attention to these matters and report in their diaries the success or otherwise of these measures.

AO:15 Communal punishment for bad fires in exceptional Cases :- The system of communal punishment on account of bad fires in villages should be adopted in exceptional

cases, and that too with the sanction of Government. Villages in which fires have been frequent or extensive should be selected and the villagers thereof assembled with a view to a formal warning being issued in the first instance by the Mamlatdar or R.F.O. or when possible by the Dy.C.F./D.F.O. and Sub-D.F.O. in person, to bring home to the village community as a whole its responsibility for the well-being of the forests in its vicinity. In cases where serious and repeated neglect by a village of its responsibilities is proved to the satisfaction of the Dy.C.F./D.F.O. and the Collector, recommendations should be made to Government to enable them to inflict punishment on the village concerned in such manner as they deem fit. (BFM II, 158)

AO:16 Duties of village officers with regard to fire protection :- The principal hope of fire protection rests in the co-operation of the inhabitants of forest villages, and this

co-operation can best be secured through the authority and influence of the village headmen. It is necessary therefore that the assistance of the village headmen should be gained whether through the fear of punishment or the hope of reward. Either punishment or reward should be meted out, and speedily, according to merit. If forest fires are frequent in a Village, and if the patel does not lend his personal aid, or require the villagers to assist in extinguishing them, he should be regarded as having neglected the duty incumbent upon him of protecting Government property, and should be punished with fine, suspension or dismissal as the case demands. If, on the other hand, he renders conspicuous service, he should receive a suitable reward in the shape of a turban or silver bangle or some other gift likely to be appreciated to be publicly presented to him by the Collector or Assistant or Deputy Collector. (BFM II, 159)

AO:17 Rewards for help in fire-protection and powers of officers to sanction them :- Rewards may be granted to villagers who assist the Forest Department in protecting the forests from fire.

The Dy.C.F./D.F.O. concerned should submit recommendations to the sanctioning authority regarding the form of reward suitable in each case, within the budget allotment sanctioned for the purpose.

The powers of officers to sanction rewards in such cases are detailed in Sr.no. 4(3) of the Manual of Financial Powers (F.P. VII). (BFM II, 160)

6.04 Management of village Forests : (S.28(2))

AO:18 Management of village Forests:- The forests assigned to any village community by the Government called as village forests, is to be managed under the prescription of Working Plan/Working Scheme prepared on the basis of principles of sustainable forest management and recognized and innovative silvicultural practices as per the guidelines of National Working Plan Code 2004 and approved by the Government of India. (National Working Plan Code 2004)

6.05 Control of Timber and Other Forest Produce in Transit ( Section 41 and 42 I.F.A.)

AO:19 Railways not exempted from transit rules :- Railways have not been exempted from the operation of the rules for regulating the transit of timber and

other produce under s. 41 of the Forest Act, and it is the duty of the Chief Conservator of Forests to enforce obedience to those rules on part of the railway officials, and to seize and detail railway wagons in which timber, or other forest produce may be transported in contravention of them. Railway officials, like other persons must comply with the provisions of the law. (BFM II, 200)

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AO:20 Time limit for which a pass is valid: - Every forest pass accompanying imports of forest produce is, legally speaking, null and void as soon as

the period for which it was granted expires. A renewed pass is requisite to cover the forest produce to which it relates. But when the delay in transit is such as could not have been foreseen and is due to no fault of the person in charge, it would not be equitable to enforce penalties. (BFM II, 201)

AO:21 Authorizing persons under Rule 67(1) (c) to issue passes :- A person who had obtained from the Forest Department a contract for cutting timber, and had been supplied

by the forest officer with pass-books containing the following endorsement : "There are 100 passes in this book and there is the official seal in the center of each pass. This pass-book is given to B, the contractor of Mouje M, Taluka W, in order that he may let the timber in the compartment go away” was sufficiently authorized in writing for the purposes of rule 67(1) (c) and was guilty of no offence in issuing the passes. The accused who had acted in good faith could not be held criminally liable for the laches of the forest officer in not complying with the requirement of the rule by giving the accused the authority in writing. (BFM II, 202)

AO:22 Issue of passes for Government produce by a person authorized to issue passes for private produce :- An Inamdar obtained in October 1891 a book of passes for produce belonging to himself. Between

October 1891 and March, 1892, he issued passes covering produce belonging to Government but it could not be made out what particular pass or passes covered the produce belonging to the Inamdar. The Inamdar was convicted under sections 411 and 109 I.P.C., and rules 71(3) and 129 made under s. 41 of the I.F.A. on a charge in general terms with reference to all the transactions. Held that conviction under rule 71(3) could not be sustained, there being no express prohibition in rule 71(3) against issuing passes for forest produce belonging to Government; held also, that the general charge was correct.

Note :- The particular forest and produce for which passes may be issued should be mentioned in the authorization to be granted under the 67 (1) (c). When passes are issued for a different produce, it becomes an offence under rule 71(3) and the therefore punishable under rule 129 of the rules under I.F.A. (BFM II, 203)

AO:23 Omission to return a transit pass not an offence :- There is no rule made under section 41 which provides for return of passes issued under the act and in the

absence of any substantive provision, requiring the holders of passes to return them, the omission to return a pass cannot be held to be penal under the rules in force. (BFM II, 204)

AO:24 Award of compensation in case of conviction under rule 129 :- When a person is convicted of an offence under rules 88 and 129 , framed under section 41 of the Forest

Act, compensation cannot be awarded in addition to the imposition of fine. (Rajubhai Chandbhai. 5 Bom. L.R. 126). (BFM II, 205)

AO:25 Shipments of certain minor forest produce do not require passes:- It is unnecessary to extend the list of articles of minor forest produce for which passes should be required

before their export by sea is permitted . (Refer rules under section 157(c) of Sea Customs Act, 1878, regulating transit of forest produce by Sea.) (BFM II, 206)

AO:26 Passes and Pass Books

(i) Form of transit Pass:-The forest pass required by rule 66 of the rules under the I.F.A. for regulating the transit of timber and other forest produce, should be in the following form:-

Forest Pass No. -------------------------- From ------------------------ To --------------------------- Road. -----------------------

Name of Holder

Description of produce

Quantity Value Rs.

Ps.

Time Allowed.

Camp Date Pass to be returned to Signature.

(ii) Pass should be in duplicate:- The pass should be in duplicate. So that the outer may be issued and the inner or counterfoil may be retained in the office of issue.

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(iii) Malki Passes should be stamped: - The office stamp of the principal forest officer of the district from which the pass or passbook is supplied for issue should be imprinted upon the dividing line between the two copies of the pass, so that one-half of the stamp should appear upon the counterfoil and the other upon the duplicate copy issued.

(iv) Foreign territories may use their own passes:- There is nothing in the above rules to prevent foreign territories from using their own registered passes in preference to passes obtained from the Forest Department. (BFM II, 207)

AO:27 Class of Pass according to the colour of the Paper :- Under rule 68 (2) of the rules under the I.F.A. the colour of the different kinds of passes should be a

prescribed below:-

Description Colour Standard Form No.

(i) Government pass:- Pass for Government material

Red

Form 190

(ii) Government purchasers’ Pass:- Pass for material removed from forests by

consumers and purchasers or sold from Govt. Depots and moved within or beyond a

District

White

Form 189

(iii) Malki Pass:- Pass for material removed from malki

numbers

Yellow Form 193

(iv) Inamdars’ pass:- Pass for material removed from

Inamadars’ forests

Yellow Form 192

(v) Foreign Pass:- Pass for material imported from outside

Maharashtra State

Blue Form 191

(vi) Passes for material removed from Nistar forest under Nistar Privilege

Green Form 189

(R. 2546/7788-D of 9-5-1933 and IFA-1060/18826 II-J dated 12-9-1960). (BFM II, 208)

AO:28 Prices of pass Books and Fees for Registration of private property Marks:- (i) Prices of pass Books:- Fees should be charged for books of passes furnished to persons authorized to issue

passes under rule 67 (1)(C) of the rules under I.F.A.

For a book containing 100 passes in duplicate …………. Transit pass fees should be recovered For a book containing 50 passes in duplicate …………... at the rates in force as per the orders For a book containing 25 passes in duplicate …………… issued by Govt. from time to time

(BFM 209) (ii) Fees for Registration of private property Marks :- Fees for registration of private property marks should be

recovered from the persons doing business in private forests within the Maharashtra State or importing timber from other States into Maharashtra State at the following rates:-

Particulars. Fees. (1) Persons who import timber from other States Rs. 50/- per property mark (Valid only during the

period of authorization granted by the State concerned)

Note :- No fees are to be charged to the Forest Department contractors who are given forest coupes for exploitation. (PRF – 1255/15110-J of 9-1-1956 and IFA-1060/)(18825-IIJ dated 22-9-1960)

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6.06 Penalties and Procedure (S. 52 to 69 I.F.A.)

[I] Disposal of seized perishable material. (S.58. I. F. A.)

AO:29 Disposal of perishable material: - In case any article seized under s. 52 of the I.F.A., is subject to speedy decay, the fact should be bought to

the notice of the Magistrate concerned without delay, and he should be requested to dispose of it at once under s. 58 of the Act.

The R.F.Os., should be held responsible for bringing without unnecessary delay to the notice of the Magistrate the fact of such property being in a perishable condition. (BFM II, 210)

[II] Arrests. (S. 64 and 65. I.F.A.)

AO:30 Procedure to be followed in taking bail: - The Conservator of Forests should issue orders to their subordinates that, in cases coming under s. 64, when

the nearest Magistrate’s Court is at a distance from the scene of the illegal offence and a Police Station is within convenient access, an accused person who is ready and willing to give bail should be taken for that purpose to the Police Station.

The Police Superintendents should be directed in communication with the District Magistrates to issue orders to officers in charge of Police Stations requiring them in these cases to take bail in accordance with chapter XXXIX of the Criminal Procedure Code. It is not desirable to increase the number of Police Stations, merely for the sake of giving a wider operation to these orders.

Note:- Under section 65, I.F.A., 1927 a forest officer not below the rank of Ranger can release on a bond a person arrested. There is therefore no need now to take an arrested person to a Police Station for the above purpose unless the officer arresting happens to be below the rank of Ranger and the Ranger or higher officer is at a greater distance than a Police Station. (BFM II, 211)

AO:31 Cases in which offenders may be arrested :- No restraint should be placed by subordinate forest officers on persons suspected of offences, except when

they fail to satisfy the officer as to their identity and residence or when there is reason to fear they may not be forthcoming when wanted. In such cases the officers concerned should, if the case is one in which in his opinion further proceedings (apart from mere impounding of cattle) are necessary, arrest the offenders and send them to the nearest Magistrate or police Station as required by section 64, making at the same time the usual report to the Dy.C.F./D.F.O. Cases in which the accused has been arrested as above should take their usual course without waiting for the orders of the Dy.C.F./D.F.O. But in case an order to compound is received at any time before such a case is disposed of by the Magistrate having jurisdiction, the Magistrate should be informed of it and asked, if the accused complies with its terms, to discharge him under s. 68 (2).

Note 1:- This article should be read subject to the provisions of section 65 of the Forest Act. Note 2 :- Read paragraph 7 of the R. L. A.’s report given in AO:32. (BFM II, 212)

[III] Compounding of Forest Offence Cases and Prosecution of offenders (S. 68. I.F.A.)

AO:32 Gravity of a case not always represented by money value of damage:- (i) The orders in AO:03 should be strictly observed by all officers concerned, and should be applied to cases

reported for departmental disposal by forest officers, empowered under s. 68 of the I.F.A. as well as to prosecution in the Magistrate’s Court. Arrests and punishments of all kinds for trivial forest offences should be avoided. It must at the same time be remembered that the gravity of a forest offence is not always to be measured by the amount of actual damage done to forest property. When mischief of even small actual money value has been deliberately committed, or when there has been persistent infraction of forest rules, the breach of law is aggravated by intention with which it was committed and the offender may properly be punished. But it is necessary that punishment should be preceded by judicial investigation and that in cases of the kind just noticed the intentions of the offenders as well as their act should be weighed, on the consideration of evidence recorded under the sections prescribed by the law and after the accused persons have had opportunity for making their defense in the presence of the adjudicating officers. The Magistrates’ Courts established in every taluka afford sufficient and accessible means for the trial of cases of forest offences in which forest officers may consider the infliction of punishment to be necessary, and the Government sees no reason in the circumstances of the forests of the State that would call for the removal of such cases from the cognizance of the regular Courts and their reference to departmental tribunals specially constituted under the provisions of the Forest Act.

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(ii) Cases which may be compounded :- On the other hand the Government is not prepared to accept at once the recommendation that the operation of s. 68 should be placed in absolute abeyance. The Government does not contemplate the punishment of trivial forest offences either through prosecutions in the Magistrates’ Courts, or through departmental proceedings; but the Government would not object, in the case of offences in which substantial damage has been done to the forests, or the payment of forest dues has been evaded, under circumstances that do not call for the infliction of exemplary or deterrent punishment, to their being compounded by the acceptance of compensation, equivalent in value to the damage done or the amount of the dues evaded. It appears that the provisions of s. 68 may probably be worked with benefit to the subject and to the Forest Department in a number of cases, under the limitation above mentioned and provided that the proceedings of forest officers under that section are subjected to the supervision of the Collectors.

(iii) Care to be exercised by forest officers not to exceed powers under s. 68 :- The attention of officers exercising the powers prescribed by s. 68 is directed to the observations in paragraphs 5 and 10 of the report (given below) of the R.L.A. No. 1246 of 25/8/1892.

It is open to serious question whether some forest officers have not exceeded their lawful powers in making arrests and detaining offenders and in holding inquiries into alleged forest offences, as well as in paying rewards for detection out of amounts accepted as compensation. The attention of all officers concerned is directed to the observations on these points in paragraphs 6, 7, 8 and 10 (given below) of the report of the R.L.A. above referred to.

Extracts from paragraphs 5 to 10 of the R.L.A.’s report 1246 of 25/08/1892 (5) Alternative procedure which is open to an offender :-

The alternative to payment of compensation is prosecution, and the suspected offender would necessarily be aware that he was liable to prosecution unless compensation is accepted. It rests with the suspected offender to elect whether he will await a judicial decision or tender compensation, and with the officer empowered to consider whether the tender should be accepted. Neither threat of prosecution nor demand of compensation is contemplated by the section.

(6) No rewards can be given out of compensation :- The practices under which sums realised as compensation are usually distributed as rewards among the forest

subordinates who detected the cases, is utterly illegal, as even the State Government has no power to direct rewards to be paid to officers and informers out of the sums realized under s. 68 as compensation. Such power exists under s.76 only as to rewards to be paid out of fines and confiscations which must be regulated by rules. The Legislature has evidently not thought fit to give the Forest Department power both to assess and to distribute sums accepted in compensation.

(7) Powers to arrest but not to detain persons :- The second sub-clause of s. 64 directs persons arrested for forest offences to be taken or sent without unnecessary delay before the Magistrate having jurisdiction or to the officer in charge of the nearest Police Station. The power of arrest exists only where there is reasonable suspicion against the person arrested of his having been concerned in a forest offence punishable with imprisonment for one month or upwords. The Act gives no power of detection or restraint and for mere cattle trespass, unaccompanied by opposition to seizure or by rescue after seizure, except when it is permitted by the offender within the meaning of s. 26(1) (d) or s. 33(1) (g), it is difficult to see how there can be any power whatever to arrest.

(8) Concerning Panchayats - Maxwell on interpretation of statues, 358. et seq.:- Forest officers have no power, and cannot be given power to hold Panchayats. A strict construction must

be placed on s. 72 as on all enactments conferring special powers. No special power is necessary to authorize forest officers to take opinions of a Panchayat for their own

information or that their superiors. But special power should be requisite and is not given to compel the attendance at such Panchayat of the accused. The attendance of witnesses as to the amount of damage might be enforced by officers specially empowered in that behalf under s. 72 (1) (b).

(9) A compensation can only be taken by authorized officers :- The acceptance of compensation by officers not empowered by name or as holding an office to accept

compensation is clearly illegal, and when payment to such underpowered officers is induced by threat of prosecution or by restraint, it might amount to an offence under the I.P.C.

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(10) Persons cannot be detained in order to make them comply with terms :- No detention would be justifiable for the purpose of inducing suspected offender to accede to a particular

demand for compensation, nor does s. 68 appear to contemplate any demand even by an officer empowered to accept.” (BFM II, 213)

AO:33 R.L.A.’s opinion on powers conferred by s. 68 :- The principles given below consisting of paragraphs 7 to 14 of the R.L.A.’s report 1512 of 17/10/1892, are

in accordance with the instructions conveyed vide preceding AO, and have the approval of Government. Determining gravity of an offence :- The officer empowered under s. 68 should subject to the procedure laid

down in the rules on the subject, satisfy themselves by correspondence as to the facts in each case. They must properly take into consideration consequential or prospective as well as actual damage in deciding whether amounts offered should, or should not be accepted as compensation for offence committed in stay of further proceedings.

Extracts from paragraphs 7 to 14 of the R.L.A.’s report 1512 of 17/10/1892 (7) “Reasons for necessity of departmental enquiries :-

One of the objects which Government evidently had in view in directing such departmental enquiry was to prevent compensation being taken in cases which a Court would treat as too trivial to call for punishment.

In other words, the departmental enquiry is deemed necessary to ascertain in each case that the offer of compensation has not been improperly induced.

(8) Regarding the extent of compensation liable to be paid: - The Act requires no inquiry whatever. The only limit which s.68 (i) (a) imposes on officers is a pecuniary

limit. The Legislature presumably considers that a man would not be likely to offer more than he would expect to lose by a judicial decision. The suspected offender is left to judge for himself as to adequacy of his offer.

(9) No pressure to be used on the part of the officer empowered: - But, then the Legislature presupposes that no demand will be made or pressure used on the part of the

officer empowered to accept compensation. (10) The offer should be spontaneous:-

The section, in empowering acceptance by implication, requires that the offer should originate spontaneously with the person suspected.

(11) The Ideal practice :- If in practice it could be confidently expected that suspected offenders would always be left thus entirely to

exercise their own free will and judgment, there might be little cause for fear that the sums offered and accepted would be unduly penal in amount.

(12) But since this ideal freedom of will is not invariably secured in practice, the only means to guard against the exercise of pressure by subordinates seems to be to require officers empowered to accept compensation to ascertain :

(a)That appreciable damage has been done. (b)That the offer made is not disproportionally high. (13) Control of Forest Officers by the Executive Government :-

The Legislature have left to the Executive Government the power of supplementing the Act in the regulation and control of forest officers.

(14) Rules may be framed to check unauthorized action :- The Act itself implies that there should be no demand or pressure on the part of forest officers. It would be

unnecessary and out of place to prohibit by rules action which the Legislature has by implication left unauthorized. But it is within the legitimate scope of rules to provide procedure to guard against such unauthorized action.” (BFM II, 214)

AO:34 Sufficient evidence required before cases are compounded :- (i) The operation of S. 68 requires to be carefully watched, and any tendency to have recourse to this mode of

settlement in doubtful cases where the evidence would be insufficient to secure conviction before Magistrates must be promptly repressed. “Reasonable suspicion” of the commission of a forest offence is essential in every case compounded under S. 68. (BFM II, 215)

(ii) If the accused is willing to compound the offence, a Razinama undertaking in the prescribed form should be obtained by the officer making an enquiry under the rules save as provided in AO:35, Rule 9, no person attending it shall be detained after its completion.

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[IV] Report and Registration of Offences

AO:35 Rules regulating the proceedings of forest officers under section 68:- The object which the Government has chiefly at heart is that people should be protected against the

imposition of unnecessary penalties under pretext of compositions for trivial offences and against illegal detentions and undue harassment in the course of proceedings taken with a view to such compositions.

It is clear that his object can only be attained if the Dy.C.F./D.F.O. is made acquainted with the discovery of an offence at the earliest possible date and thus placed in a position to watch the course of the subsequent enquiry.

Writing of proceedings in Case diary :- Every officer making an enquiry under the rules shall day by day enter his proceedings in case diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, a statement of the circumstances ascertained during his enquiry.

Following are the Rules regulating the proceedings of forest officers under section 68:-

I. First Report 1. Every forest guard shall keep a “Forest Report Book” in the prescribed form which will be printed in

triplicate, and immediately on an offence coming to his knowledge shall fill up or cause to be filled up a form of “First Report”. The triplicate copy of which he shall dispatch or take to his Round Officer and dispatch the duplicate copy to the Dy.C.F./D.F.O. direct, within 24 hours of such discovery. (or as amended from time to time)

2. If the knowledge of an offence is obtained from the report of an informer, the forest guard shall proceed at once to the place, and after verifying the report shall make his “First Report” without delay.

3. If the Forest guard cannot write and can obtain no one to write his report, he shall at once go to his Round Officer and have the report written by him from his own verbal report.

4. A guard is personally responsible for writing and dispatch of the First Report. The counterfoil is his voucher for the report having been made.

5. A guard shall always carry his First Report Book on his person and produce it for inspection on demand by any Government official.

(Note :- Rules 1 to 5 should be separately printed as slips and pasted on the cover of the “First Report Book”) 6. This procedure is laid down especially for forest guards, who ordinarily are the first discoverers of an offence,

but shall also be applicable to any forest officer discovering an offence. 7. The First Report shall on no account be enclosed in a packet with other papers, and the envelope containing it

shall be distinctly marked “First Report”. II- Enquiry Register and Report

8. Every Round Officer shall keep an “Enquiry Register” in the prescribed form and immediately on receipt of a First Report (Rule 1) he shall enter the facts in that register and shall forward the First Report without delay to the headquarters of his range. He shall then at the earliest possible date but not more than 15 days after receipt of the First Report proceed to the spot where the offence has been committed and complete his Enquiry Register as provided. His enquiry should not as a rule, last longer than three days, but it will remain within the discretion of the Dy.C.F./D.F.O. to allow an extension of this period on good cause being shown for the same.

9. The Round Officer will be held responsible that the fullest possible enquiry is made, including the drawing up of the Panchanama, obtaining undertaking in the prescribed form if the accused is willing to compound the offence, the recording of statements of the witnesses for the prosecution of the accused and of his witnesses. The offender must always be formally asked to site witnesses, and should he refuse to do so it should be recorded as part of the statement.

10. At the same time as the Enquiry Report is sent to the Range headquarters, a report under S. 52, clause (2), shall be submitted to the Magistrate whenever any property has been attached, and a copy of this report shall be attached to the Enquiry Report by the Round Officer.

Note:- To avoid unnecessary work both in Magistrate’s office and the forest office concerned the report to the magistrate under s 52(2) is usually made after the alternate procedure permitted by s. 68 is tried and found not feasible.The words used in s 52(2) are “as soon as may be”, and immediate report is not therefore compulsory.

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11. As soon as the enquiry is complete, the report with its accompanying statements (rules 9 and 10) shall be forwarded to the R.F.O.

12. No head of the Enquiry Report shall ever be returned blank, for instance “if no previous warning, conviction or reason for special punishment” is known, then a note to that effect must be entered in the report.

13. No letter or statement of opinion is to accompany the Enquiry Report. Whatever of this nature the Round Officer has to say must be embodied in his statement as a witness for the prosecution and attached to the Report.

14. This procedure is specially laid down for Round officers who ordinarily carry out enquiries, but it shall also be applicable to any forest officer making enquiry. If he is a Range Forest Officer the period to hold an enquiry into the case shall not be more than a month from the date of the First Report.

III- Range Offence Register 15. The R.F.O. (or his clerk should he be absent on tour) shall put the triplicate copy of the First Report

received through the Round Officer (rule-8) on a special bill wire. 16. If the R.F.O. is aware of any previous warning or conviction or reason for special punishment which has not

been recorded by the Round Officer, he shall enter the same in the Enquiry Report over his signature. No addition or alteration may on any excuse be made in the Enquiry Report.

17. If, in the opinion of the R.F.O. the Enquiry is complete, he shall forward the Enquiry Report and its accompaniments to the Dy.C.F./D.F.O. without delay, after noting the precis of the same in the First Report placed on bill wire.

18. When the Divisional order and the final disposal (Rule 25) have been entered in it, the First Report will be removed and placed in a file which will serve the purpose of a Range Offence Register.

IV- Further Enquiry Report. 19. If however, the R.F.O. thinks further enquiry is required, he shall on no excuse return the papers to the

Round Officer, but shall himself proceed, with the least possible delay, to make such further enquiry and record the result in a “Further Enquiry Report” as provided and forward the Enquiry Report together with his Further Enquiry Report to the Dy.C.F./D.F.O. for orders.

V- Divisional Offence Register.

20. Every Dy.C.F./D.F.O. shall keep a “Divisional offence Register” in the prescribed form and immediately on receipt of a First Report (Rule 1) shall enter the details in that register and keep the report stamping it “To await Enquiry Report.

21. The Dy.C.F./D.F.O. shall, on receipt of the Enquiry Report and its accompaniments (Rule 17), complete the entry of the offence in his register and record his order on the case. He shall then return the papers together with the copy of his order (in the form provided ) to the R.F.O. for disposal and stamp the First Report “To await Final Report.”

22. It must necessarily be left to the Dy.C.F./D.F.O. to judge what action is necessary, but it is well to point out that (unless the case is a serious one, rule 24), if the evidence of the Enquiry Report fails to be convincing, even though it may seem to the Dy.C.F./D.F.O. that it might be strengthened by further enquiry, it will be better to write off the case under * A or B (Divisional order, rule 21), and to proceed separately to the departmental punishment of the subordinates responsible for the failure of justice, rather than to permit the undue lengthening of the case which would result from further enquiry.

* 1. A- No proof, no further action to be taken. 2. B- Warn the Offender. 3. C- Recover Rs.------------- as compensation within three days else. 4. D- Prosecute.

23. In no case shall the Dy.C.F./D.F.O. return the case for revision to the R.F.O. who submitted it. 24. If in the opinion of the Dy.C.F./D.F.O. the case is too serious to be written off, or that for any other reason a

second enquiry is absolutely necessary, he should, if possible, proceed personally to make it, or, if this is impossible, should depute an Assistant or a subordinate (who is not junior to the R.F.O. submitting the case) to make a second enquiry. The procedure in the second enquiry should be exactly the same as for the original enquiry-- in fact the enquiring officer should proceed exactly as if he had just received a First Report of the offence.

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VI – Final Report. 25. When the whole case is returned to him with orders by the Dy.C.F./D.F.O. (rule 21) the R.F.O. shall note

the order on the First Report in the prescribed form (Rule 18) and send the Enquiry Report to the Round Officer for carrying out the orders. On receiving it back from the Round officer he shall note the final disposal on the First Report (rule 18) and send the whole case to the Dy.C.F./D.F.O. with his “Final Report” in the form provided.

26. When a case is prosecuted before a Magistrate, the papers in the case may be kept by the court, but in every case the actual Enquiry Report should be retained by the R.F.O. and attached to his Final Report together with the judgment certificate.

27. On receipt of the Final Report the Dy.C.F./D.F.O. shall complete his register and file the papers.

VII – General. 28. From the date of the First Report it will be the duty of the R.F.O. (and still more of Dy.C.F./D.F.O.) to

watch the progress of the enquiry. Should there be delay in the receipt of the Enquiry Report, he should find out the reason: but any reference to this end must be kept entirely distinct from the case, delay in any stage of the proceedings should be punished departmentally by excluding the subordinate responsible from a share in the reward, and also, if necessary, by direct fine.

29. When the R.F.O. delays the papers in order to make a further enquiry the Dy.C.F./D.F.O. should note especially whether such further enquiry was really necessary. If it was, the Round officer should be punished; if it was not, the R.F.O. should so. If it is noticed that a round officer constantly sends in incomplete inquiries, he should be reduced and warned, and if this has no effect, should be dismissed.

30. It will be noted that this procedure refers exclusively to offences under the I.F.A. It is on no account to be applied to offences under the I.P.C., or any other Act. Any such case which may arise shall immediately on discovery be referred to the police for enquiry and disposal by the R.F.O., to whom all such cases shall be reported by forest guards. When action is taken under this rule by the R.F.O. he shall immediately report in full detail to the Dy.C.F./D.F.O. (BFM II, 216)

Note:- In this respect, (dealing with forest offence cases) see also Circular No. TRS 1082/ 36/F-6, dated 08- 09-1982 – Related to dealing of Forest Offence Cases Appendix VI (iv)

AO:36 Recovery of and receipts for compensation ordered under S. 68:- Compensation should be paid in the presence of the Patel of the village concerned if possible, and one

consolidated receipt should be made out showing on the front the lump sum recovered and on the back the details thereof, i.e. the sum recovered from each offender and the offenders’ names. (BFM II, 217) [V] Engagement of pleaders for conducting Forest offence cases in Court

AO:37 Employment of pleaders in Magisterial cases:- For the Conduct of cases in Court the services of the public Prosecutor should be availed of whenever

necessary: where the services of the public prosecutor are not available and the case is of sufficient importance, the conservator or the Dy.C.F./D.F.O. should take action under No. 54 of the Rules for the Conduct of Legal Affairs of Government.

Note:- For powers of officers to sanction expenditure on pleaders’ fees, see serial No. 6 of the Manual of Financial powers (F.P. No. VII) as amended from time to time. (BFM II, 218)

[VI] Rewards in Cases compounded under s. 68. I.F.A.

AO:38 Rewards to informers in cases compounded under s. 68:- In Cases compounded under s. 68, I.F.A., rewards may be granted in accordance with serial No. 4 (4) of the

Manual of Financial powers (F.P. No. VII). (BFM II, 219) AO:39 Rewards may be given from budget provision :-

The remarks in AO:32 purported to draw attention to the apparent illegality of what was supposed to be the practice of the department, viz., to apply sums realized as compensation for damages, as distinguished from fines, directly to the payment of rewards. They were not intended to be read as withdrawing from forest officers the power of granting rewards out of funds provided for the purpose. (BFM II, 220)

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AO:40 Persons eligible for rewards:- All revenue officers below the rank of Mamlatdar, all police Officers up to and including Inspectors, Sub-

Inspector and Inspectors of Excise and all officials in the Forest Department as well as persons not in the public service are eligible for rewards.

AO:41 Rewards should be given with discretion :- (i) Care should however be taken that rewards are given with discretion in cases dealt with under s. 68, as in other

instances. It should also be borne in mind that whilst on the one hand if a subordinate has no prospect of an occasional reward for diligent and intelligent discharge of his duty he has no inducement to report cases in which the offenders are ready to give him a pecuniary inducement to hush up their misconduct, on the other hand too liberal an indiscriminate a grant of rewards may tend to encourage petty tyranny and vexatious prosecutions, if not fabrication of trifling charges.

(ii) As the system of giving rewards to forest subordinates out of the compensation recovered in grazing offence cases is open to abuse, these rewards should be paid only in very exceptional circumstances and after very careful scrutiny by Dy.C.Fs./D.F.Os.

Note:- For rewards out of fines and confiscations and in cases resulting in imprisonment see Rule 130 of B.F.R. 1942 and AO:46 to AO:53.-See also Serial Nos. 4(5) and 4(6) of the Manual of Financial powers (F.P. No. VII).

(BFM II, 221)

6.07 Powers of Forest Officers:- (S. 72. I. F. A.)

AO:42 R.F.Os. to obtain Conservator’s permission before exercising power to issue search warrants :- R.F.Os. empowered by SO:03 to issue search warrants under s. 72 (1) (c) should obtain general permission

of the Conservator before beginning to exercise the power. (BFM II, 222) AO:43 Power of certain forest officers to administer an oaths :-

Forest Officers, who are invested with powers provided in s. 72 (1) (d), I.F.A. (See SO:01) have authority under section 4 of the Indian Oaths Act. No. X of 1873, to administer oaths. (BFM II, 223)

AO:44 Power of forest officers to administer an oath is limited to forest offence cases: - Under section 4 of the Oaths Act. No. X of 1873, a person, who has by law authority to receive evidence,

may administer an oath or affirmation in the discharge of the duties or in exercise of powers imposed or conferred on him by law. A forest officer has no power to take evidence in a case of embezzlement and is not therefore authorized to administer an oath in such a case. (BFM II, 224)

AO:45 Form to be used in summoning witnesses:- (i) Form of summons for witnesses and for the production of documents:- The form of summons for witnesses and

for the production of documents given at No.126 of the 4th Schedule of the civil procedure code (now No. 13 of Appendix B to the First Schedule to the Civil procedure code of 1908) may be used mutatis mutandis, the necessary corrections in the printed form being made by hand.

(ii) Form of search warrant: - The form of search warrant used by Magistrates may be used, a few corrections that can easily be made by hand being all that is required.

(iii) Form for taking deposition of witnesses: - Printed forms for deposition of witnesses as used by Magistrates can be used by Dy.C.Fs./D.F.Os., if necessary. (BFM II, 225)

6.08 Rewards from Fines and Confiscations etc. (s.76 (B). I.F.A. & Rule 130)

AO:46 Powers of officers to grant rewards in forest offence cases:- (i) The powers of forest and revenue officers to grant rewards out of fines and the proceeds of confiscations under

the Forest Act or when the punishment consists of imprisonment only are described in rule 130 of the rules under the Act and serial Nos. 4(5) and 4 (6) of the Manual of Financial powers (F. P. No. VII). (For rewards in cases disposed of under s. 68 See AO:38 to AO:41)

(ii) To enable him to exercise due check over such proceedings, the Conservator may require the submission of a monthly statement showing the details of the cases in which Dy.C.Fs./D.F.Os. have exercised the above powers. (BFM II, 226)

AO:47 No rewards can be granted from compensation for damage: - The proceed of fines and confiscation referred to in s. 76 (b), I.F.A. and rule 130 thereunder do not include

compensation for damage done to forest property. (BFM II, 227)

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AO:48 No rewards can be given out of sale proceeds of Government property:- In the case of a conviction under the Forest Act a reward can only be paid to officers and informers out of

the proceeds of any forest produce legally confiscated; and in the case of such produce being the property of Government, and therefore, not liable to confiscation under s. 55, the payment of a reward under s. 76(b) would be illegal. (BFM II, 228)

AO:49 (i)Magistrate’s order only necessary if amount of reward exceeds one-half :- The order of the trying Magistrate is not necessary under rule 130 of the rules under the Forest Act to enable a reward to be granted: it is only required to allow a reward in excess of one half of the proceeds of fines and

confiscations in a case to be given. (ii)Distribution and apportionment left to departmental officers:- The intention of the rule is that the section

of the magistracy should be confined to directing, when it is thought fit, that a larger amount than one-half of the proceeds shall be paid as rewards and that distribution and apportionment of the rewards should be left to the Conservators and other officers mentioned in the rule. (BFM II, 229)

AO:50 Order of reward in case of conviction under the I.P.C. is illegal: - A Magistrate convicted three persons of theft under section 379 of the I.P.C. for having dishonestly and

without permission cut off some rafters from the teak trees in their field, knowing that the right over the trees was reserved by Government, and, in passing sentence, ordered that Rs. 5, out of the fine which he inflicted, be paid to the complainant, a forest servant, for detecting the offence. Held, on reference, that as the conviction was for an offence under the I.P.C. and not under the I.F.A. the order of reward was illegal. (BFM II, 230)

AO:51 An informer should not lose a reward on account of other faults :- If an officer has been instrumental in obtaining a conviction or discovering property, he should not lose the

reward because he is deserving of penalty on some other ground. (BFM II, 231) AO:52 Procedure to be followed to support expenditure on rewards to informers and officers :-

When only half the proceeds of fine and confiscation is payable, the voucher should be supported by a certificate from the Magistrate that the amount of fines has been credited to Government. When more than half the fines is awarded by the Magistrate the voucher should be accompanied, in addition, by a certificate from him in the following form-

Certified that in the case of State Vs…. the amount of Rs.---------- being in excess of half the proceeds of fines and confiscations, has been awarded as reward to informers.

Magistrate. (BFM II, 232) -----------------------------

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∗

The Maharashtra Private Forests Part VII

(Acquisition) Act, 1975

7.01 The Maharashtra Private Forests (Acquisition) Act, 1975:- (Modified upto 10th Oct. 1997) The term “Forest” has been defined under sec. 2(c-i) and the term “ private forest” under sec. 2(f) of the

Maharashtra Private Forest (Acquisition) Act, 1975. In view of the clarification given by the law and Judiciary Department and communicated by the Government in Revenue and Forest Department to the Chief Conservator of Forest, M.S. Pune vide letter No. PRF-1476/136990/F-6, dated 7th March, 1980 all lands falling within the aforesaid definition of ‘forest’ and ‘private forest’ vest with the Government on the appointed date i.e. 30th August, 1975 whether the provision of sec. 34A, 35(1), 35(3) and 38 of the Indian Forest Act, 1927 was applied to them or not and whether or not the possession thereof has been taken by the Government. {Annexure VII (1)}

7.02 The Maharashtra Private Forests (Acquisition) Rules, 1975:- Operational Rules under section 23(1) are issued vide G.N.R. & F.D.NO.PRF.1075/119064-(5)-F-2 Dated 13th

Nov. 1975. {Annexure VII (2)}

7.03 Orders, Circulars and GRs of the Government:- {Annexures VII (3) to VII (27)}

(i) Government Orders Regarding implementation of the Maharashtra Private Forests (Acquisition) Act, 1975. (Letter No. prt.4079/4094s, 27 August 1975.) {Annexure VII (3)}

(ii) Acquisition of Private Forests - Form of Notifications to be issued under section 21(1) of the Maharashtra Private Forest (Acquisition) Act, 1975 -- While submitting the proposal for declaration of lands as private forest under Section 21, the draft of the notification to be issued by Government under section 21(1) of the Maharashtra private Forests (Acquisition) Act, 1975, is necessarily in the form as has now been furnished with this letter.

(Letter No.PRF 1076/77819-F2, Dated 27 May 1976) {Annexure VII (4)} (iii) Maharashtra Private Forests (Acquisition) Act, 1975 -- Regarding implementation of the payment of

compensation and submission of progress reports of Acquisition under Mah. Private Forest (Acquisition) Act, 1975.

(Circular No.PRF-1076/138008/F-2, Dated 17 December 1976) {Annexure VII (5)} (iv) Maharashtra Private Forest (Acquisition) Act - Act No. 29 of 1975 as amended by Act No. 72 of 1975 -

Regarding exclusion of areas of the lawful cultivation within the ceiling areas as on 30th August 1975, Nagli crop cultivated in private forests.

(Circular No. PRF 1075/13600, F-2dated 5 April 1977) {Annexure VII (6)} (v) Regarding interpretation of areas under lawful cultivation under Maharashtra Private Forest (Acquisition) Act-

(Circular No. PRF 1077/87068/F-2, Dated 12 May 1977) {Annexure VII (7)} (vi) Maharashtra Private Forests (Acquisition) Act -- Regarding cultivation of Nagli and other rotational crops by

erstwhile owners-cutting of grass for bonafide personal requirements of erstwhile owners. (Circular No. PRF 1075/136700/f2/F2, Dated 13 May 1977) {Annexure VII (8)}

(vii) Assessment of actual areas under cultivation under the Maharashtra Private Forest (Acquisition) Act, 1975, -Report of Village study team.

(Circular No. PRF-1077/146651-F-2, Dt. 30 January 1978) {Annexure VII (9)} (viii) Regarding amendment to the Maharashtra Private Forest (Acquisition) Act 1975 by Ordinance No. 2 of 1978 -

Orders concerning restoration of lands to such Khatedars should be passed after enquiry according to Government Circular dated 30th January 1978. It may, however, be noted that in view of the ceiling of 12 hectares, it is now not considered necessary to make available to any Khatedar additional area of 2 hectares vide Section 2(f) (iii) of the Maharashtra Private Forests (Acquisition) Act. To that extent the Government Circular dated 30th January 1978 should be treated as modified.

(Circular No. IRF-1077/146651-F-2, Dated 25 May 1978) {Annexure VII (10)}

∗ Author APCCF (Consvervation)

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(ix) Regarding felled material previous to the enactment of Maharashtra Private Forest (Acquisition) Act 1975 coming in force - Judgement of the High court of Judicature Bombay regarding.- the ownership will be vested with the owner and he is entitled to remove the felled material. (Government’s dated 17 April 1978) {Annexure VII (11)}

(x) Regarding permission to grow Kharif crops during 1977 and 1978 seasons over the land acquired under Maharashtra Private Forest (Acquisition) Act, 1975.

(Circular No. (r) PRE 1075/13600/F2, Dated 26 May 1978) {Annexure VII (12} (xi) Regarding amendment of Maharashtra Private Forest (Acquisition) Act, 1975 by Mah. Act No. XIV of 1978 -

The cases in respect of felled forest produce out of the restored lands should be decided in the manner specified below :-

(a) In cases where forest produce was felled prior to restoration of acquired forest lands but after 1st January 1978 a sympathetic view should be taken and the cases should be compounded on the merits of each case.

(b) Where forest produce was felled after the restoration of the forest lands in respect of which notices under section 35(3) of the forest Act were issued, the land owners should be allowed to remove the felled material and transit passes given; provided requisite permission was taken from the revenue authorities for felling of scheduled trees, if any.

(c) Where forest produce was felled after the restoration of forest lands and in respect of which notification under section 35(i) of the Forest Act were issued, the cases should be regularized in the light of the instructions in para 3 of this Resolution.

(Government Resolution, No. PRF 1478/11803-F-6, dated 11 April 1979) {Annexure VII (13)} (xii) Regarding Land Revenue reduction of lands acquired under the Maharashtra Private Forests (Acquisition) Act,

1975. - Normally, land revenue is reduced or increased according to "Kami-Jasti Patraks" prepared by the Survey department. However, pending completion of that work by the Survey Department, Government is pleased to direct that the land revenue in respect of the acquired forest lands should be provisionally reduced from 30th August 1975. The Assistant and Deputy Collectors who are for the time being placed in charge of one or more sub-Divisions of the districts and the Deputy Collectors (Private Forests) in Thane, Kulaba and Ratnagiri districts who have been appointed to exercise the powers of the Collector under the Act aforesaid should issue orders for the reduction of land revenue of the acquired forest lands. The instructions contained in paragraph 313 of the Land Acquisition Manual ( Revised Edition 1973) with regard to the reduction of land revenue should be followed wherever applicable. The land revenue for the forest lands regranted to the erstwhile owners in the manner aforesaid should be reassessed and levied from the date of regrant by the Revenue Officers who are appointed to perform the duties of the Collector under the act.

(Government Resolution, No. PRF 1077/54195-F-6, Dated 17 July, 1979) {Annexure VII (14)} (xiii) Procedure regarding disposal of forest produce from acquired private forests,

(Government Circular No. PRF.1278/2919 -F6.dated 11 October 1979) {Annexure VII (15)} (xiv) Regarding review of cases under Maharashtra Private Forest Acquisition Act by Commissioners as per the

position on 30.9.75 (cases involving felling of trees etc.). (Government Circular, No. PRF 1080/6240, Dated 2 Feb 1980) {Annexure VII (16)}

(xv) Regarding payment of amounts to owners of private forests under, (Government Resolution, No. PRF 1077/103810-F-10, dated 21 Feb 1980) {Annexure VII (17)

(xvi) Regarding issue of notification under section 21(1) of the Maharashtra Private Forests (Acquisition) Act, 1975, Opinion L & JD:- It has been made clear by the Law and Judiciary Department that section 2(f) of the Maharashtra Private Forests (Acquisition) Act, 1975 defines Private Forests as Forests which is not the property of Government and includes lands, sites mentioned in sub- clause (i) to (vi) thereof as also these on which tree growth is found though not abundant as natural forest, and that this would vest in Government, on the appointed day i.e. 30th August 1975 whether possession thereof has been taken by Government or not. Possession of all such lands will have to be taken, after due identification of the lands, under section 5 of the Act and if any objections etc. are received from the owners thereof, the Collector will have to adjudicate such cases under section 6 of the Act.

By operation of section 3(3) of the Act, the rights of the previous owners have been extinguished as all the private forest lands have since 30th August 1975 deemed to have been " Reserved Forests".

In the above mentioned circumstances, the proposals received under section 21(1) of the Act were found to be redundant and were returned accordingly. It was suggested to instruct the concerned Conservators of Forests

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to take necessary further action so as to take over such of the private forest lands under section 5 of the Act confirming to the definition of the private forests.

(Government letter No. PRF 1476/136990-F-6, Dated 7 March 1980) {Annexure VII (18)} (xvii) Regarding appeal of respect of restoration of land (over and above 12 ha.) acquired under Maharashtra Private

Forest (Acquisition) Act, 1975 - Though the Private areas have all been vested with Government from the appointed day, possession of a number of such areas is still with the owners. It needs however to be clarified that the presumption that since the possession has not been taken they still belongs to the original owners is incorrect and that the land as also the tree growth on it belongs to Government whether possession is taken or not. Wide publicity needs to be given to the fact that the owners cannot claim such lands or the tree growth thereon merely on the ground that areas have not been yet taken possession of by the Forest Department. The owners will be entitled only to the land which will be awarded to them as per the amendment subject to a maximum of 12 ha. only and they will be entitled to the tree growth existing only on the land so restored.

(Government Resolution, No. PPF 1480/581-F-6, Dated 31 March 1980) {Annexure VII (19)} (xviii) Regarding reduction of hardship to Khatedars from Ratnagiri district etc. in respect of the lands acquired under

the Maharashtra Private Forest (Acquisition) Act, 1975. -- With a view to further minimizing the hardship to the Khatedars, pending completion of formal action to restore the Private Forest (where they are liable to be restored), quick survey should be carried out by the Forest Department in collaboration with the Revenue Department, with a view to preparing tentative villagewise lists of Khatedars, who have a total holding of not exceeding 12 hectares each and who are, therefore, entitled to the restoration of the entire area, which has vested in the Government. Such lists should be published in the villages concerned for the information of the occupants, and used by the Forest Department as a working basis for the issue of transit passes for the forest produce form the areas so liable to restoration. On Completion of the list, the cases should be taken up for restoration of land under section 22-A of the Act expeditiously, subject to the Forest (Conservation) Ordinance 1980.

(Government Resolution, No. PPF 1480/984-F-6, Dated 17 December 1980) {Annexure VII (20)} (xix) Regarding Working of Private Forest, guidelines dated 16 June 1981 -- It is difficult to ensure that the private

forest owner will adhere to the stipulated conditions laid down for ensuring the regeneration which requires monetary inputs. It would, therefore, be desirable to take a deposit from the private forest owner of an amount to fully regenerate the area, on conditions, that if he does not follow the stipulated conditions for regenerations, and fully regenerate the area, the Forest Department will carry out the work from the amount of money deposited by the private owner.

No Further permission for felling should be granted unless the stipulated conditions for regenerating the area are fulfilled.

( GOI, Ministry of Agriculture’s letter No. 25-6/81-FRY-COORD-16 June 1981) {Annexure VII (21)} (xx) Regarding transit permission to felled trees from land restored under Maharashtra Private Forest (Acquisition)

Act, (Government Resolution, No. PRF 1482/140951-F-6, Dated 8 January 1982) {Annexure VII (22)}

(xxi) Regarding certificate of Tahasildar of concerned area stating that the total holding of the land holder in the state inclusive of Private Forest which is vested in the state on the appointed date did not exceed 12 Ha.

(Government Circular, No. PRF 1482/140951-F-3, Dated 20 March 1982) {Annexure VII (23)} (xxii) Regarding some clarification in respect of cases of restoration of land acquired under act and its

accompaniment. (Government Letter No. PRF 1032/2457-F-3, Dated 18 September 1982) {Annexure VII (24)}

(xxiii) Regarding ratification of 2915.7581 ha. of deemed reserve forest acquired under the Maharashtra Private Forest (Acquisition) Act, 1975 in Thane and Raigad District.

(GOI’s guideline No. 8-66/82-FRY (CONS) Dated 17 March 1985) {Annexure VII (25)} (xxiv) "Important correspondence, Government Orders, Instructions, and Clarifications received from Government of

India and Government of Maharashtra in respect of Maharashtra Private Forest (Acquisition) Act 1975 and Instructions in relation to Maharashtra Private Forest (Acquisition) Act in relation to Forest Conservation Act."

(a) Need of permission of Government of India to restore the lands acquired under Forest Conservation Act. View of Government of Maharashtra’s letter No. PRF-1389/CR-7/F-3, Dated 7 September 1995.

(b) The concurrence of the Central Government on the issue containing (a) above. (Letter No./11-3/95 FC, Dated 16 Feb. 1996). {Annexures VII (26), VII (27)}

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∗

(a) that any reserved forest (within the meaning of the expression ‘reserved forest’ in any law for the time

Part VIII Forest Conservation Act, 1980

" Compilation of Guidelines and Instructions, Orders, Circulars, Applications and Procedure to be followed etc. contained under Forest Conservation Act, 1980."

[A] Forest Conservation Act, 1980

8.01 Salient features of Forest Conservation Act, 1980:-

(i) Salient features The Government of India formulated the Act to regulate the diversion of forest land for non-forest activities

which requires a prior approval of Government of India, before such diversion could be effected by the State Government or other authority. The Act requires that all user agencies, seeking dereservation of forest land, diversion for non-forestry use, leasing of forest land to any non-governmental organization and clearing of natural vegetation, for the purpose of raising plantation, should obtain a formal sanction from GOI, by submitting a proposal in a prescribed format. The Act also provides for a penalty of 15 days imprisonment to the Authority for a willful disobedience of the provisions of the Act.

The Forest (Conservation) Act 1980 came into force on 25th day of October 1980 and it extends to whole of India, except Jammu and Kashmir. The Act has five sections. Section two has four parts. The first two parts regulate the non-forestry use of forest land and the remaining two parts deal with forestry use of forest land. The four parts of the section two of this Act are as below:-

Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing-

being in force in that State) or any portion thereof, shall cease to be reserved; (b) that any forest land or any portion thereof may be used for any non-forest purpose;

(c) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by Government;

(d) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

Explanation - For purpose of this section, “non-forest purpose’ means the breaking up or clearing of any forest land or portion thereof for – (a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal

plants; (b) any purpose other than reafforestation,

but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communication and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.

(ii) Advisory Committee:- (a) Advisory Committee to be constituted: - The Act provides for the creation of Advisory Committee which will advise the Government of India, with

regard to the grant of approval under Section 2 of this Act. (b) Constitution of State Advisory Group :- The Government of India has stated that the State Advisory Group, should consist of representative from

Revenue, Forests, Planning and Finance Departments and the Nodal Officer (FCA/1980) may be appointed as Member-Secretary of the Advisory Group. The Regional Chief Conservator of Forests will act as the Chairman.

[GOI No. 5-5/86-FC(Pt) dated 17th Dec. 1992] {Annexure VIIIA (1)}

∗ Author APCCF & Nodal Officer

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(c) Regional Chief Conservator of Forests to be the Chairman of S.A.G.:- The Government of Maharashtra constituted State Advisory Group on the directions of Government of

India, with the Regional C.C.F. as Chairman and the Nodal Officer Forest (Conservation) Act 1980, as its Member-Secretary.

[GOM English FLD 1092/CR-289/F-10 dated 28th January 1993] {Annexure VIIIA (2)}

(iii) Violation of Act :- The Act provides for a simple imprisonment of fifteen days for contravention or abatement of the Act. The Act makes accountable any authority or person who was directly in charge of the conduct of the

business, when the violation was committed.

[B] Important developments related to Forest Conservation before formulation of Forest (Conservation) Act, 1980:-

8.02 General:-

(i) Big size forest land with Revenue Department to be transferred to the Forest Department:- The Govt. of Maharashtra has stated that the sizable block of forest land exceeding 100 Acres at a place

and any block of forest land adjacent to the existing managed forest land with the Forest Department, should be handed over to the Forest Department immediately.

[GOM No. FLD 4863/23372-Y dated 29th January 1965] - Referred in Annexure VIIIB (1) (ii) Manageable forest land to be handed over to the Forest Department :-

The Revenue Department should hand over all forest land irrespective of their size in charge of Revenue Department to Forest Department, except in cases, where the forest land has already been assigned for the public purpose. [GOM, R& FD LND-1076/2186-G-1, dated 14th April, 1976] {Annexure VIIIB (1)}

(iii) Area Under Section 4 unless denotified, remains under Section 4:- Notification of Disforestation notification of the Forest land-not Reserved - The Govt. of Maharashtra has

clarified that all those areas, which have been notified under section 4 of Indian Forest Act, 1927 but could not be included in the Reservation under section 20, continue to remain under section 4 till these are denotified under relevant law. [GOM R&FD,FLD 1071/53273-W dated 18th September, 1973] {Annexure VIIIB (2)}

(iv) Diversion of Forest Land for the non-forestry purposes:- State Government, after the approval of the Cabinet, was authorized to divert forest land for the non-

forestry purposes. [GOM FLD 1076/78392- F-3 dated 28th May, 1976] {Annexure VIIIB (3)} (v) Forest and Government waste lands etc. to be handed over to the Forest Department:-

(a) Forest lands cannot hereafter be leased out for cultivation, and any lease granted in respect of such lands should not be renewed. Such forest lands should be handed over to Forest Department for afforestation. Similarly, any encroachments on forest lands should be speedily removed.

(b) Instructions have been issued on 14th April 1976 that forest lands under the management of the Revenue Department should be handed back to the Forest Department if that Department is willing to take over the same. These instructions are again reiterated and it is directed that all revenue forest land not already assigned for a public purpose should be handed back to the Forest Department and mutation entries made.

(c) Government waste land comprising pockets in forest areas or considered unsuitable for cultivation should likewise be handed over to the Forest Department for afforestation. Similarly, ‘surplus’ land considered not suitable for cultivation or comprising of pockets in forest lands should be handed over to the Forest Department if that Department is willing to take it over for afforestation. In both cases, mutation entries be made.

[GOM Circular FLD 1076/110-F-3 dated 4th August, 1976] {Annexure VIIIB (4)} (vi) Forest lands released for a public purpose be returned back to the Forest department if not utilized for

that purpose:- Whether or not statutory disforestation has been done, lands released by the Forest Department for a public

purpose shall be returned back to the Forest Department, if the land has not been utilized, within a reasonable period of time, for the purpose for which it was released.

(R & FD Resolution No.FLD.1080/1580/F-3 dated 1st April, 1980) {Annexure VIIIB (5)}

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8.03 Related to Encroachment:-

(i) Government of Maharashtra to convert Forest villages to Revenue villages :- The Government has decided to convert the erstwhile forest villages into the revenue villages, with

occupancy rights as Class-II holders under Maharashtra Land Revenue Code 1966. [GOM English FLD 4267/I-Y Sachivalaya dated 22nd May 1967] {Annexure VIIIB (6)}

(ii) Eksali plots to be disforested :- All Eksali plots given on annual lease to the cultivators, shall be disforested and handed over to the

cultivators as Class-II holders. [GOM English FLD 1069/43178-Y dated 22nd March 1969] {Annexure VIIIB (7)}

(iii) Dalhi plots to be released for individual cultivator:- The Government has taken decision to release Dalhi land in Kolaba Division and Roha Sub Division (now

Division) extent 29,438 Acres, 5 Gunthas and 12 Ares (11913.1 Hectare) to the individual cultivators as a Class-II holder, not exceeding an economic holding.

[GOM English FLD 4268/27923-4 dated 14-January 1970] {Annexure VIIIB (8)} (iv) Dalhi plots to be given on permanent basis: -

The Government has further taken a decision to release Dalhi plots on permanent basis. [GOM English FLD 4268/27023-4 dated 20th July 1971] {Annexure VIIIB (9)}

(v) Government to regularize encroachment on Forest Land in charge of Revenue Department subsisting on 15th August,1972 –

The Govt. of Maharashtra has taken a decision to regularise the encroachment on the forest land, in charge of Revenue Department upto 2 ha. provided otherwise eligible for grant of Govt. land in accordance with Part III of Maharashtra Land Revenue (disposal of Govt. land) Rules 1974. This order is not applicable to the forest land incharge of Forest Department.

(GOM LEN 1069/23477-A-II dated 14 August,1972) {Annexure VIIIB (10)} (vi) Government of Maharashtra to regularize encroachment up to 31st March 1978 :-

The Government of Maharashtra decided to regularize all subsisting encroachments existing on 31st March, 1978, on the forest land, subjected to certain conditions, as below : (a) He should belong to the backward class. (b) His annual income does not exceed Rs. 3600/-. (c) He should have been residing within 8 Kms. of the place of encroachment. (d) He is either landless or his total holding does not exceed 2 Ha. [GOM English LEN-1078/3483- G-I dated 27th December 1978] {Annexure VIIIB (11)}

(vii) Eligibility criteria extended to Encroachers :- The Government of Maharashtra further extended the eligibility criteria of encroachers, by including all

encroachments that existed between 1-4-1972 to 31-3-1978, irrespective of period of encroachment and also, whether such encroachment was subsisting on 31-3-1978.

[GOM English FLD-1079/1368-F-3, dated 12th Sept. 1979] {Annexure VIIIB (12)}

[C] Applications of the Forest (Conservation) Act, 1980 :-

8.04 Applications in General:- (i) Interpretation of the term ‘Forest land’ mentioned in Section 2 of the Act:-

The term `Forest land' mentioned in Section 2 of the Act refers to reserved forest, protected forests or any area recorded as forest in the government records. Lands which are notified under Section 4 of the Indian Forest Act would also come within the purview of the Forest (Conservation) Act, 1980. (Supreme Court's Judgment in NTPC's case). All proposals for diversion of such areas to any non-forest purpose, even if the area is privately owned, would require the prior approval of the Central Government under the Forest (Conservation) Act, 1980. The areas notified under Section 35 (1) or received notice under Section 35 (3) of Indian Forest Act 1927, or restored under Section 22-A of Maharashtra Private Forest (Amendment) Act 1975 will also be covered under this section. The Supreme Court in its judgment dated 12-12-96, [Appendix VIII (i)], clarified that the area, identified as forests within the dictionary meaning of the forests, will also be covered under the provisions of Forest (Conservation) Act, 1980 irrespective of the ownership of the land identified as forests. All matters related to the provisions of Forest (Conservation) Act, 1980, will apply to all forest land, irrespective of its ownership, or classification. (GOI Handbook 2004- Ch:1, 1.1(i))

[GOI F N. 11-11/2004-FC dated 16th May 2005] {Annexure VIIIC (1)}

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Clarification :- The provisions of Forest (Conservation) Act, 1980 supersedes the provisions provided in Government order

dated 28th May 1976, wherein the State Government, after the approval of the Cabinet, was authorized to divert forest land for the non-forestry purposes. [See Article 8.02(iv)]

(ii) Identified Forests not to include Private Plantation:- The identified forests shall not include private plantations raised on private lands, except notified private

forests. Felling of trees in private plantations shall be governed by the relevant provisions of various State Acts and Rules. All felling in notified private forests will be as per the working plan /management plan duly approved by Government of India. [GOI No. 2-1/2003-FC dated 20-10-2003] {Annexure VIIIC (2)}

(iii) Ownership no bar for the application of the Act:- The Forest (Conservation) Act 1980 will be applicable to all notified forests and also to all identified forests

irrespective of ownership. [GOI F. No. 11-37/2003-FC-dated 30th August, 2005] {Annexure VIIIC (3)} (iv) F.C.A. 1980 not applicable to area already disforested / diverted before the Act:-

Cases in which specific orders for dereservation or diversion of forest areas in connection with any project were issued by the State Government prior to 25-10-1980, need not be referred to the Central Government. However, in cases where only administrative approval for the Project was issued without specific orders regarding dereservation and/or deforestation of forest land, prior approval of the Central Government would be necessary under the aforesaid Act. (GOI Handbook 2004- Ch:1, 1.2(i))

(v) Afforestation related works exempted from the Act :- The Government of India has clarified that works of soil and moisture conservation including nallah

bunding, gully plugging, contour bunding involving no tree felling, and similar works related to afforestation as approved by C.C.F., need not be referred to GOI for clearance under Forest (Conservation) Act 1980.

[GOI No. 8-4/80-FRY/(CONS) dated 17th March 1986] {Annexure VIIIC (4)} (vi) Soil Moisture Conservation works exempted from the Act: -

The Government of Maharashtra has stated that construction of Vantali in the forest area and other soil and moisture conservation works will not invite/attract the provisions of Forest (Conservation) Act 1980, provided no felling of tree is involved. [GOM Marathi FLD-1085/9251/F-10 dated 6th July 1992] {Annexure VIIIC (5)}

(vii) Removal of grasses/legumes exempted under the Act:- Growing of fodder grasses, legumes etc. which grow naturally in a particular region in barren forest areas,

without removal of existing tree growth, should not require prior approval of the Central Government under the Forest (Conservation) Act, 1980. However, lease of such areas to private parties may have larger implication and such cases should be referred to the Central Government for prior approval under the Forest (Conservation) Act, 1980. (GOI Handbook 2004- Ch:1, 1.2(ii))

(viii) Running of mini trains by the Forest Department exempted under the Act:- The Government of India has issued instructions that in relation to only running of park, which may

include boating, mini-train etc., no clearance from Government of India under Forest (Conservation) Act 1980 will be required, if it is a bonafide activity run by the Government itself, and is not adverse to forestry and wildlife conservation. The facility shall be run directly under the control of Dy. C. F.

[GOI No. 11-81/2000-FC, dated 20-01-2003] {Annexure VIIIC (6)} (ix) Amusement park in Forest Area not exempted: -

Setting of Amusement Park in the forest land will invite the provisions of Forest (Conservation) Act 1980. [Legal opinion G.P. High Court No. 503/CP/WP/GP/2003, dated 29-4-2003] {Annexure VIIIC (7)}

(x) Forest Conservation Act not to control admitted rights: - The Forest (Conservation) Act 1980 does not affect any existing rights and concessions in forest area, for

the bonafide domestic use, effective before 25-10-1980. [ No. 5-5/86-FC(PT) 8-1-1996] {Annexure VIIIC (8)} (xi) Permission of certain type of activities without attracting the FCA 1980:-

The Act provides an exemption to the activities ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check post, fire lines, wireless communication and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipeline or other like purpose. The GOI further clarified that conservation related work will also include construction of range offices, small inspection bungalow (2 to 3 rooms), and un-tarred single lane road without causing damage/destruction to the forests. But if the destruction is large, it will require a clearance under Forest (Conservation) Act 1980. [GOI No. 8-1/96-FC dated 24-09-1997] {Annexure VIIIC (9)}

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(xii) Tree felling not permitted under Nistar and Nistar Collectors not to use mechanized vehicle: - The Government of India has clarified that the provisions of Forest (Conservation) Act 1980 are not

attracted for implementation of Nistar, recorded rights, concessions and privileges of the local people for bonafide domestic use, as accepted under the Indian Forest Act 1927. However it has to be ensured that while allowing rights, concessions and privileges to be exercised, the right holders do not resort to felling of trees or breaking up the forest floor so as to procure stones and minerals etc. The collection should be manual or through local transport means and, no mechanized vehicle will be used for transporting such produce.

[GOI NO.- 11-12/98-FC (Pt II) dated 3rd May 1999] {Annexure VIIIC (10)} (xiii) Nistar holder not barred from collecting boulders etc. :-

The Government of India has clarified that collection of stones, slates boulders etc. from the forest area, for their bonafide use, as a right holder shall be permitted, subject to following conditions :

(a) The enjoyment of rights shall be restricted for bonafide domestic use exercisable within the limits of the Gram Panchayat of the right holder; (b) Stones/slates/boulders will be collected only from the area, where the rights of right holder are recognized. (c) The rights should be limited to the extent permitted under Indian Forest Act 1927.

[GOI No. 11-9/98-FC dated 9th June 2005] {Annexure VIIIC (11)} (xiv) Construction of toilets for leasing to the private person requires a clearance

The Government of India has clarified that the leasing of forest land for the construction of toilets and then managing it through private person, will constitute a violation of provision 2 (iii) of Forest (Conservation) Act, 1980. [GOI No. 11-81/2000-FC dated 5th October 2000] {Annexure VIIIC (12)}

(xv) Eco-friendly toilets exempted under the Act The Government of India has further clarified that the construction of Eco friendly toilet facility in

National Park and Sanctuary will not be considered as a non-forestry activity provided (a) the toilets constructed through any agency is not leased out or assigned to a private party; (b) The ownership and the control of the facilities should be entirely with the Forest Department; (c) The charges collected from the tourists shall be used for the maintenance of the complex.

[GOI No. 11-81/2000-FC dated 30-07-2002] {Annexure VIIIC (13)} (xvi) Conversion of Forest Villages into Revenue villages and Denotification of Section 4 area requires

clearance from the Supreme Court :- All proposals for Conversion of Forest Villages into Revenue villages and deletion of area under Section 4,

shall be processed by the Central Government, after the necessary permission has been obtained from the Supreme Court.

[GOI F No. 8-31/2004-FC, dated 16-8-2004] {Annexure VIIIC (14)} (xvii) The orders of Collector under Section 6 and 22A under Maharashtra Private Forest (Acquisition) Act

1975 to be applicable only after clearance from Government of India: - The Government of Maharashtra has clarified that the order passed under Section 6 and 22A of Maharashtra

Private Forest (Acquisition) Act 1975, shall be operative only after its formal approval under Forest (Conservation) Act, 1980, from the Government of India is issued and in this regard the Collector will be required to send the proposal to GOI for seeking permission under Forest (Conservation) Act, 1980.

[GOM English FLD/1000/CR-243/F-3 Dt. 16th Dec/2004] {Annexure VIIIC (15)} (xviii) Regarding Mangrove Forests:- Hon’ble Bombay High Court has passed order dated 6 October 2005 in W.P. No.3246/2004 regarding

‘Mangrove Forests’. All Mangrove forests under Government ownership have been declared as Protected forest & Mangrove forest on ‘private land’ declared as ‘forest’.

[High Court Judgement dt.06-10-2005] & [GOM Circular No.10/2005/CN-188/J-1 dt.21-10- 2005] Appendix VIII (ii) & {Annexure VIIIC (16)}

(Information in details is given in Part XX of this Volume.) (xix) Jatropha plantation not exempted under Act:- Jatropha being an oil-bearing plant, its plantation on forest area will require clearance under Section 2 of

Forest (Conservation) Act 1980, except when (a) The species is indigenous to the area.

(b) Such plantation activity is a part of overall afforestation programme for the forest area in question. (c) No clearance of site will be carried out to plant Jatropha.

[F-No-2-I/2003-FC (Pt-III) dated 24-7-2006] {Annexure VIIIC (17)}

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(xx) Leasing of forest land to the private organization/person for the forestry activity requires clearance: - The Act will not be attracted if the forest land or a portion of it, is assigned to any authority, corporation,

agency or any other organization wholly owned, managed or controlled by the concerned State/Union Territory Government or Central Government, but the Act will be attracted if the forest land is to be assigned to any private person, or to any authority/agency/organization not wholly owned, managed or controlled by the Government. (GOI Handbook 2004- Ch:1, 1.7 (i), (ii))

(xxi) Projects involving forest as well as non-forest lands:- Some projects involve use of forest land as well as non-forest land. State Governments/project authorities

sometimes start work on non-forest lands in anticipation of the approval of the Central Government for release of the forest lands required for the projects. Though the provisions of the Act may not have technically been violated by starting of work on non-forest lands, expenditure incurred on works on non-forest lands may prove to be infructuous if diversion of forest land involved is not approved. It has, therefore, been decided that if a project involves forest as well as non-forest land, work should not be started on non-forest land till the approval of the Central Government for release of forest land under the Act has been given.

[F-No-2-1/2003-FC dated 21-03-2011] {Annexure VIIIC (18)}

8.05 Investigation and Surveys:- (i) Investigation and Surveys:-

(a) Transmission Lines - Investigation and surveys carried out in connection with the laying of transmission lines in forest areas will not attract the provisions of the Forest (Conservation) Act, 1980, if no felling of tree is involved. The work of construction and laying of transmission lines, however, fully attracts the provisions of the aforesaid Act and the prior permission of the Central Government must be obtained before this is allowed in forest areas.

(b) Hydro-electric project - Investigations and surveys carried out in connection with hydro-electric projects will not attract the provisions of the Forest (Conservation) Act, 1980 so long as these surveys do not involve any clearing of forest or cutting of trees and operations are restricted to clearing of bushes and lopping of tree branches for purpose of sightings. In such cases, survey work may be allowed by the State Government. A reference need to be made to the Central Government under Section 2 of the aforesaid Act only if it involves any clearing of forest area or felling of trees.

(c) The cases relating to seismic surveys and explorations for oil drilling as well as prospecting licences for mining need not be referred to Central Government for prior approval provided these do not involve cutting of trees or clearance of forests.

(d) It should however be made clear in each case that the permission to survey, explore or prospect does not imply any commitment on the part of the Central Government for any subsequent use of the forest land.

(e) It is specifically stated that surveys, investigations and explorations should not be carried out in wildlife sanctuaries, national parks and sample plots demarcated by Forest Department without obtaining the prior approval of the Central Government, whether or not felling of trees is involved.

(GOI Handbook 2004- Ch:1, 1.3) (f) Drilling of bores- In case of coal, lignite and metallic ores test drilling up to 20 bore holes of maximum 8”

diameter per 10 Sq. km. and in case of non-metallic Ores excluding coal, lignite test drilling upto 16 bore holes of maximum 6.6” diameter per 10 Sq. km. for prospecting exploration or reconnaissance operations, without felling of trees, shall not attract the provisions of the Act. The collection of samples from the land surface, in addition to drilling, will not attract the provisions of Forest (Conservation) Act, 1980, provided there is no felling of trees. [F.No.5-3/2007-FC dated 19-08-2010] {Annexure VIIIC (19)}

8.06 Tusser Cultivation :-

(i) Tusser Cultivation a Forestry activity :- Tusser cultivation by tribal and non-tribal living in and around forests area for their livelihood without undertaking monoculture plantation will be treated as forestry activity. [F.No.2-1/2003-FC (Pt. III) dated 7th June 2004] {Annexure VIIIC (20)}

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8.07 Management Plan, Working Plan, Harvesting etc.:-

(i) Reforestation proposal to be in form of Management Plan or a Working Plan : - The Act prohibits the clearing of natural forests, even for the purpose of reforestation, and it will require a

sanction of the Government of India. The proposal to the Government of India, for seeking clearing of natural forests for the purpose of reforestation will be in a form of Management Plan or a Working Plan.

(ii) Management Plan/Working Plan to be sanctioned by Government of India :- All working plans including Management Plans will be sanctioned by the Regional Office under Section 2

of Forest (Conservation) Act 1980. The proposal involving clear felling in crop density of more than 0.4, will be referred to the Ministry of Environment & Forests, New Delhi, by the regional office.

(iii) Harvesting of plantation on forest land by a working scheme :- The Government of India has further clarified that harvesting / plantation on forest land will require a

working scheme which has to be duly sanctioned. (GOI Handbook 2004- Ch:1, 1.8)

8.08 Related Protected Areas and Wildlife rich Areas:-

(i) No mining activity within 5 Km of Protected Area : - No mining will be permitted within 5 Kms. radius from the boundary of the National Park or Wildlife

Sanctuary. [GOI No. 8-36/91 FC dated 17th August, 1998] {Annexure VIIIC (21)} (ii) Immediate cessation of mining activity in Protected areas: -

The Government of India has issued the order for the immediate cessation of all mining activities in all Sanctuaries/ National Parks irrespective of the formation of National Park or Sanctuary and the date of sanction of mining. [GOI No. 11-9/98-FC dated 20-11-2003] {Annexure VIIIC (22)}

(iii) All proposals from Wildlife rich area to have the opinion of Chief Wildlife Warden: - The opinion of Chief Wild Life Warden of the State should be taken for the diversion of the forest area, rich in Wildlife, or forming a corridor of the Wild Life movement. Before submitting such proposal to Govt. of India, the opinion of the Chief Wild Life warden should be obtained and annexed with the proposal.

[GOI No 11-9/98-FC dated 04.12.1998] {Annexure VIIIC (23)} (iv) Felling of trees in National Park and Sanctuary :-

The Government of India has clarified that where fellings are carried out for improvement of wildlife and habitat only, the forests would be managed according to the scientifically prepared management plan, as approved by the Chief Wildlife Warden, but where the large scale felling/removal of timber product is required, which needs disposal through sales, a formal approval from the Government of India will be required.

[GOI 5-5/86-FC (pt) August 10, 1999] {Annexure VIIIC (24)} (v) Dereservation of National Park and Sanctuary require a prior clearance from the Supreme Court :-

The Government of India has further clarified that in view of order passed by the Hon’ble Supreme Court in Writ Petition No. 202/1995, no dereservation of forest land from National Park and Sanctuary could be done and hence all proposal related to diversion of forest land should, first be got approved from Supreme Court, before its submission to Government of India.

[GOI No. 11-9/98/FC dated 4th May 2001] {Annexure VIIIC (25)} (vi) Zoo approved by CZA on forest land not to attract Forest (Conservation) Act 1980 :-

The Govt. of India has clarified that for upkeeping and management of animals in Zoological Parks/Zoos/Botanical Parks located in the forest area, the activities required to be done in Zoo as per the approved management plan will not attract the provisions of the Forest Conservation Act, 1980, provided such activities are necessary for management of animals and imparting education, and has the prior approval of CZA.

[GOI, F.NO.-11-66/2004-FC dated 13.11.2007] {Annexure VIIIC (26)} (vii) Guidance for taking up non forestry activities in wildlife habitats under the Forest (Conservation) Act, 1980 :-

If the project area pertains to the Eco Sensitive Zone or 10 kms area from the boundaries of National Park /Wildlife Sanctuary, and also mentioned in the list of Environmental Clearance Act 2006, the Project Authority should seek prior clearance from the Standing committee of NBWL before seeking Environmental Clearance and the procedure prescribed.

[GOI letter F.No. 6-10/2011WL dated 15 March 2011] Appendix VIII (iii)

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8.09 Mining :-

(i) Mining (General instructions):- While proposing the grant/renewal of mining leases in forest areas, care should be taken to ensure that as

far as possible no forest area is included, unless unavoidable. This may kindly be kept in view while sending proposals to the Central Government for permission under the Forest (Conservation) Act, 1980. Major mining operation would not be permitted within one kilometer of National and State highways.

(ii) Underground Mining:- Mining including underground mining is a non-forestry activity and it will require a clearance from GOI. (GOI Handbook 2004- Ch:1, 1.6) (iii) Renewal of Mining Lease:- Every renewal of existing mining lease being a fresh lease will also require clearance under Forest

(Conservation) Act 1980. (GOI Handbook 2004- Ch:1, 1.6) (iv) All Mining activities in forest area require clearance under the Act :-

Since mining, including underground mining, is a non-forest activity, prior approval of the Central Government is essential before a mining lease is granted in respect of any forest area. The Act would apply not only to the surface area which is used in the mining but also to the entire underground mining area below the forest. Renewal of an existing mining lease in a forest area also requires the prior approval of the Central Government. Prior approval of the Central Government is required for resumption of mining operations on the expiry of a mining lease.

The lease before the Act will continue but only to the broken area. The lease granted before the Act will continue till the end of the lease, for the area already broken before 25-10-1980. No fresh area can be broken after 25-10-80, even though the lease is in existence.

(The advice of the Ministry of Law, Government of India in regard to the Supreme Court order in Civil Appeal No. 2349 of 1984 dated 7-5-1985 - SC judgement no.(ii) given at the end.)

(v) Removal of bajri from river bed in forest area require clearance:- Boulders, bajri, stone, sand etc. which are found in the river beds located within forest would constitute a

part of the forest land and their removal would require prior approval of the Central Government under Section 2 of the Act. (GOI MOEF No.2-3/86-FC dt. 24/06/1988) {Annexure VIIIC (27)}

(vi) Mining Lease – No fresh area to be broken without approval after 25-10-1980 :- The Government of India has clarified that for all leases granted before 25-10-1980, the clearance under

Forest (Conservation) Act 1980 will not be required for a further working within already broken area, but if the new area is to be broken, after 25-10-1980, even in the previously granted lease, a sanction under Forest (Conservation) Act, 1980, from the Government of India will be required. After the lease is over, a fresh lease will require a sanction from Government of India, under Forest (Conservation) Act, 1980, even for working in already the broken area. [GOI – No. 5-5/86 FC-Pt-1 dated 21-12-1993] {Annexure VIIIC (28)}

(vii) Mining in deep forest to be rejected :- The mining proposals which are deep inside the forests and are likely to cause damage to the forest in the

area, should out-rightly be rejected. [GOI No. 8C/5/321/95-FCW dated 03.10.1997] {Annexure VIIIC (29)} (viii) Mining in forest area to be avoided:- The mining proposal should be discouraged in the forest area. [GOI No. 8C/5/574/98-FCW dated 22.10.1998] {Annexure VIIIC (30)} (ix) Government of India to monitor mining lease every five years: -

At least once in five years a comprehensive monitoring as to the effect of mining on air and water pollution will also be carried out. Regional Offices should sent such reports / certificates in respect of monitoring mechanism indicated above to the Ministry, so that a view can be taken on continuation of mining lease beyond five years. The monitoring of main parameters / conditions by Regional Office, may even be done annually.

[Govt. of India 8-79/91-FC dated 15.04.1998]. {Annexures VIIIC (31)} (x) Forest lease to be co-terminus with the mining lease: -

The forest lease should be co-terminus with the mining lease granted under Mining Act. [GOI- F No. 8-490/89-FC (Pt-1) dated 26.4.2004] {Annexure VIIIC (32)}

(xi) Lease for underground mining granted before 25.10.1980 requires clearance for fresh breaking: - The Govt. of India has clarified that in case of underground mining for which lease was granted before dt.

25.10.1980, the fresh permission will be required for breaking the fresh area after dt. 25.10.1980, even though the lease is operative. [F-No.2-1/2003 FC (part IV) dated 06.12.2004] {Annexure VIIIC (33)}

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8.10 Wind Mills

(i) The Government of India to permit wind mills on the forest land: - The Government of India has taken a decision to allow installation of wind energy farm on the forest land.

The lease period will be of 30 years and no wind mill situated in the forest area shall be of capacity of less than 600 K.W. exceptionally a 10 K.W. stand alone machine may be permitted for electrifying rural areas with no grid facility. [F-No. 8-84/2002-FC dated 10-11-2003] {Annexure VIIIC (34)}

(ii) Wind mast to be installed on forest land :- The Government of India further issued directions that a wind mast of size 50 M x 50M for each 500 Ha

can be installed to take reading upto two years on the forest land with one time fees as Rs. 1.00 lakh per wind mast. This amount will be deposited in C.A.M.P.A. Nearly 65-70% of the area beneath the wind mill should be used for developing medicinal plantation and the intervening space between two wind mills should be planted with dwarf tree species. It is further clarified by GOI, that base of the Wind Met-mask, which was initially permitted as 50 M X 50 M, has now been increased to a circle of diameter 100 M. diameter.

[GOI F-No. 8-84/2002-FC dated 14.5.2004 and 22-06-2007] {Annexures VIIIC (35), VIIIC (36)} (iii) M.E.D.A. to be the Nodal agency: -

The Maharashtra Energy Development Agency will be functioning as Nodal Agency in the State for developing wind mill. [GOM FLD-1003/CR 194/F-10, dated 21-July 2004] {Annexure VIIIC (37)}

(iv) Transfer of lease of wind farms for the same purpose:- The Government of India has stated that all transfer of lease, even for the same purpose, will require a

sanction from Government of India, on the basis of no objection certificate by the State Government. The user Agency will be required to give an undertaking that they will abide by all the conditions, on which the lease was originally granted and any other condition which may be stipulated by State/Central Govt. in future.

All transfer of lease from one user agency to another user agency will require permission from the Government of India. [GOI F. No. 8-84/2002-FC dated 6th April 2005] {Annexure VIIIC (38)}

(v) Process of transfer of wind mill from developer to investor to complete in ninety days :- For the transfer of lease from the developer, i.e., the user agency to investors/power producers, the user

agency shall submit the details in format prescribed in this regard to Nodal Officer (F.C.A.) of the State/Union Territory with a copy marked to the Ministry of Environment and Forests, New Delhi. The Government of India has stated that all the proposals relating to transfer of wind mill from developer to investor shall be processed by Nodal Officer (F.C.A.) within 45 days from the date of submission and submit it to the State Government which in turn shall submit it to Government of India, within 45 days, failing which the Government of India will take an appropriate action after the expiry of ninety days.

[GOI F-No. 8-84/2002 FC dated 20-Feb-2006] {Annexure VIIIC (39)} (vi) Collector’s non-availability certificate not required :-

The Government of Maharashtra has relaxed certain conditions related to diversion of forest land for erecting wind mill which includes the certificate of non-availability of alternative site by the District Collector and offering of Class-I type of land as compensatory afforestation instead of actual transfer at the stage of proposal. [GOM Marathi, FLD-1806/P.K.- 144 /F-10 Dated 12/10/2007] {Annexure VIIIC (40)}

(vii) Registration of Lease Agreement in respect of forest land diverted under Section 2 of the forest (Conservation )Act, 1980 for wind power projects in Maharashtra.:-

Stamp duty and registration fees on NPV and CA shall not be charged to the applicant. In case Hon’ble Supreme Court passes any order contrary to this, these charges could be then taken into account for the purpose of collection of Stamp Duty and the same could be levied from the concerned.

[GOI letter No. 8-47/2008-FC dated 10 August 2010] {Annexure VIIIC (41)}

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8.11 Violation of the provisions of the Forest (Conservation) Act, 1980

(i) Forest land not to be used for the purpose other than authorized: - The use of the forest land should be strictly according to the purpose sanctioned in the proposal, and any

diversion of forest land for different use, than sanctioned, is tantamount to the violation of the Forest Conservation Act 1980.

(ii) No anticipatory action by the State Government: - Anticipatory action by State Authorities - Violation of the provisions of the Forest (Conservation) Act, 1980 :-

Cases have come to the notice of the Central Government in which permission for diversion of forest lands was accorded by the concerned State Government in anticipation of the approval of the Central Government under the Act. Such anticipatory action is neither proper nor permissible under the Act, which clearly provides for prior approval of the Central Government in all cases. No proposal seeking the ex-post-facto approval of the Central Government under the Act, will be entertained from any State Government under Forest (Conservation) Act, 1980 which provides a penalty for contravention of the provisions of the Act under its Section 3-A and 3-B. It lays down a punishment of simple imprisonment of 15 days for its contravention or its abetment. It also holds Head of Department accountable for the offence in certain circumstances. The Act also encompasses the private persons, holding the forest land in case of contravention of the provisions of the Act.

(iii) Disciplinary Action against officers for the violation of the provisions of the Forest (Conservation) Act, 1980 (Government of Maharashtra to initiate action for the violation of Guidelines after a specific date)

(a) Disciplinary Action to be exempted in certain violation :- The Government of Maharashtra has clarified that due to certain initial references to Government of India,

regarding water conservation works under EGS, it is now stated that for all works of road inside forest, forest demarcation, soil and moisture conservation, contour bunding and P.T. taken under EGS, no disciplinary action against officer/staff will be initiated if these works have been undertaken between the period from 25-10-1980 to 30-4-1985.

(b) Violation in Zudpi Jungle exempted for a certain period: - The Government of Maharashtra has taken a decision that all works taken on Zudpi jungle land between the

period from 6-11-1987 to 17-8-1989 will not invite any disciplinary action against the officer/staff, as the issue of legal status of Zudpi jungle was then yet to be settled.

(c) Projects involving forest as well as non-forest lands ( Govt. of Maharashtra to initiate action for the violation of Guidelines after a specific date):-

The Government of Maharashtra has stated that the work on the project, involving both forest and non-forest land should not be started in non-forest land, till the clearance from GOI, for dereservation/diversion of forest land, for the project, is received. Technically, starting of work on non-forest land does not constitute the violation of the Act, but it makes the expenditure infructuous, in case of rejection of the proposal by Government of India. It may be treated as the violation of Guidelines and all such violation of Guidelines after 1-8-1986 make liable a Government servant for action. The State Government has further clarified that no disciplinary action be started against any officer/staff for carrying out the work on the non-forest land between 25-10-1980 to 31-7-1986, in the project involving both forest and non-forest land.

(d) No disciplinary action against officer of Irrigation Department in certain cases :- The Government of Maharashtra has further clarified in relation to irrigation projects that no disciplinary

action be initiated against any government employee (1) When in an irrigation project, the work has started on forest land before 25-10-1980 and where the trees were

removed from the forest area before 25-10-1980, and work of dam seat continued after the Forest (Conservation ) Act 1980 came into the existence.

(2) Where the administrative approval to the project of Irrigation Department was granted before 25-10-1980 and work was started before 25-10-1980, the canal work was completed after 25-10-1980.

(3) In the project where the work on the forest land has been carried out without the cabinet approval of diversion of forest land.

(4) In the project, where the administrative approval was granted before 25-10-1980 but the work was started after 25-10-1980.

[GOM Marathi FLD-1089/ P.K.- 475/Part- 2/F-10 dated 21-9-1991] {Annexure VIIIC (42)}

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(iv) Departmental Enquiry for the violation of the Act: - The Government of Maharashtra has constituted a Committee under the Chairmanship of Chief Secretary of

the State to initiate the Departmental Enquiry against the Government servant for violating the provisions of Forest (Conservation) Act 1980 and which are not covered under the exemption granted by the Government of Maharashtra, in their letter dated 21-9-1991.

[GOM Marathi FLD-1089/475/Part-2/F-10, dated 2-12-1991] {Annexure VIIIC (43)} (v) Prosecution for Illegal mining, Encroachment etc to be dealt under Indian (Forest) Act 1927 :-

The Government of India has clarified that the penal provision of Forest (Conservation) Act 1980 is applicable only against the State Government or authority passing an order, permitting such activity, without any prior approval of Government of India. The cases of illegal felling, encroachment, illegal mining etc. are required to be dealt under the provisions of Indian Forest Act 1927 or any other State Acts. The provisions of Forest (Conservation) Act, 1980 cannot be invoked in dealing such offences. The State Government after being fully convinced will be required to send the proposal to Government of India in its Regional Office for prosecution. [GOI No. – 5-5/86 FC dated Dec. 7, 1999] {Annexure VIIIC (44)}

(vi) Prosecution must give a Sixty days notice :- The Government of Maharashtra has stated that for filing a complaint against any Authority, in the court

of law under the provisions of Forest (Conservation) Act 1980, a show cause notice by giving him a minimum period of sixty days, must be issued in writing to that authority, for providing opportunity to explain his conduct. [GOM English FLD-3102/CR-59/F-10 dated 9th May 2003] {Annexure VIIIC (45)}

(vii) The Authority to decide prosecution under Forest (Conservation) Act, 1980:- The Government of India by its Gazette notification has authorized the Chief Conservator of Forests,

Regional Office, Ministry of Environment & Forests to file a complaint against person/persons prima facie found guilty of an offence under Forest (Conservation) Act 1980, in the Court, having jurisdiction in the matter. [The Gazette of India No. 932 dated 8th October 2003] {Annexure VIIIC (46)}

(viii) Penal Compensatory Plantation on the extent of violation:- The Government of India has taken a decision that the penal compensatory afforestation will be imposed

over the area worked/used in violation. However, where the entire area has been disforested due to anticipatory action of the State Government, the penal compensatory afforestation will be imposed over the total lease area.

[GOI No. – 5-5/86 FC (PT) dated 28-01-1999] {Annexure VIIIC (47)}

8.12 Encroachment

(i) Rehabilitation of Villages – Responsibility of rehabilitation of village from Protected Area lies with a Collector: -

The Government of Maharashtra has categorically stated that the shifting of villages from National park and Sanctuary will be done with the consent of the people affected and each family will be given one hectare of plain cultivable land. The responsibility of rehabilitation of village will lie with the District Collector and The Deputy Conservator of Forests, under an overall supervision of Commissioner of the Division.

[GOM Marathi WSP-1099/ P.K.-191F-1/ dated 17 - July 2000] {Annexure VIIIC (48)} (ii) Encroachment by the illegal encroachers to be removed: -

The Government of India issued the directives that all illegible encroachers as per the Guidelines of Ministry of Environment & Forests No. 13.1/90-FP-(1) dated 18.9.90, (GOI Handbook 2004- Annex.IV) should be summarily evicted in a time bound manner, and a cell should be created in the office of Principal Chief Conservator of Forests, to be headed by a level of the officer of Chief Conservator of Forests rank to monitor this activity. The enough power under various Acts should be delegated to Forest Officers to complete this process. [GOI, No.-7-16/2002-FC dated 3-5-2002] {Annexures VIIIC (49)}

(iii) Government of India to permit conversion of forest village to revenue village: - The Government of India has stated that the proposals for converting forest villages into revenue villages

should be submitted expeditiously and the proposal should be on the following principle. (a) The villagers are conferred heritable but unalienable rights. (b) The administration of these revenue villages enclave in the forest area, should be with the Forest Department.

[GOI No. – 11-70/2002-FC(Pt) dated 3.2.2004] {Annexure VIIIC (50)}

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(iv) The Legal status of land to remain forests, while regularizing encroachments and conversion to Revenue villages:-

The Government of India has stated that in all sanctioned proposals of regularization of encroachment, the conversion of forest villages into Revenue villages, the legal status of land will remain as forest land and the NPV will be charged in all such proposals.

[GOI F No. 2-1/2004-FC, dated 10th March, 2004] {Annexure VIIIC (51)} (v) Encroachers to be identified by Committees: -

The GOI has laid down a specific procedure to identify eligible encroachers on the forests, by formulating the committees at various levels. This procedure is under the guidelines issued by GOI, dated 18-9-1990.

[GOI F-No 2-3/2004 FC, dated 3rd Nov 2005] {Annexure VIIIC (52)}

[D] Submission of Proposals

8.13 General Guidelines

(i) Submission of Proposals: - (a) All proposals should be in the prescribed form. Rule (6) of the Forest (Conservation) Rules, 2003 prescribes

the procedures for submission of proposals regarding dereservation of reserved forests or use of forest land for non-forest purpose. Section 6(2) lays down the period within which the proposal should be processed. It lays down that all proposals, received in the appropriate form, must reach the Central Government within ninety days. The proposal regarding releasing of natural forests in the forest land, must be in a form of a management plan or a working plan. The agency seeking diversion must submit the proposal provided in Appendix with the Rules, in five parts. The form (A) is for the fresh proposal and (B) for the renewal of lease. Appendix VIII (iv)

(b) Form for Proposal of Non-Forestry Works in Protected Areas Government/Private agencies other than Forest Department need to do works such as irrigation projects,

Pipeline projects, Transmission lines, construction works etc. in which land under Protected Area is required. As per Hon. Supreme Court order dated 14-2-2000 permission of National Board for Wild Life and Hon. Supreme Court is necessary. Guidance document has been issued by MoEF on 15/03/2011. For this purpose a proposal needs to be submitted to the Central Govt. in prescribed form (Parts -I, II, III, IV and V). Appendix VIII (iii)

(ii) The proposal for diversion should be in prescribed format :- The proposal for the diversion of forest land, should be given in a prescribed format. A separate proforma

under simplified procedure has also been provided for the proposals seeking diversion of forest land less than 2 Ha., involving no felling of trees and for certain linear projects like transmission line, pipelines for drinking water supply, laying of telephone lines/optical fiber involving no cutting of tree. [See 8.16(i)]

Checklist for preparing proposals of Maharashtra State for diverting forest land for Hydel and Irrigation projects is enclosed in Annexure VIIID (1).

(iii) Complete Details to be accompanied with the proposal:- The Government of India has directed that while forwarding the proposal to the Central Government,

details of all aspects of the case should be given as per prescribed check list. (GOI Handbook 2004- Ch:4, 4.11) (iv) Details to be given with the proposal :- A brief note giving essential details of the project for which forest land is required should be furnished as

per item no. 1,Part I of Form A of the proforma prescribed under the Rules 2003. This should include (a) cost and outlay (b) Justification for locating the project in the forest areas giving alternatives that were examined and reason for their rejection (c) financial and social benefits (d) total population benefited (e) employment generated etc. A comprehensive land use plan of the area required should be attached if land is required for more than one purposes. The building plan should invariably be attached, if the area is required for construction purposes.

(v) All proposals should be in metric scale: - It is noted that area, length, breadth and other measurements are not often given in metric units and various

units like acre, bigha, kenal, muthu, Yard, etc. are used. All measurements must be given in metric units. (vi) Maps to be annexed with the proposal: -

(a) A map showing location of the area to be deforested viz. the boundary of the surrounding forest block is an essential requirement. It has been represented that maps on 1:50,000 scales have been published for the entire country and should be obtained from the Survey of India. In the meantime, the maps may be submitted on 1"=1 mile or 1"=4 miles or any other suitable scale according to the size of the area demanded. If the area is too

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small an index map may be submitted showing forest boundaries and a location map on a larger scale showing land use of the area required. A forest toposheet of scale 4” to one mile is always preferred. A village map of the latest survey if available should always be attached. All maps attached with the proposal, must be signed by the user agency and the concerned Dy. Conservator of Forests. A similar map for compensatory afforestation should also be attached.

(b) Submission of Geo-referenced digital Map:- To show the diverted forest area, the application should be accompanied with Geo Digital Map prepared by

using Total Station or differential GPS. [GOI No. 11-9/98-FC dated 08-07-2011] {Annexure VIIID (2)}

(vii) Cost-benefit analysis : In considering proposals, for de-reservation or diversion of forest lands for non-forest use, it is essential

that ecological and environmental losses and sufferance caused to the people who are displaced, are weighed against economic and social gains. Annexure VI (a) of GOI Handbook 2004 details the types of cases on which a cost-benefit analysis will be required. Annexure VI (b) of GOI Handbook 2004 lists the parameters according to which the cost aspect will be determined, while Annexure VI (c) of GOI Handbook 2004 gives the parameters for assessing the benefits accruing. For making the actual calculation, the parameters with value judgment should not be considered. Parameters with monitoring values should only be considered. The details about value of environmental loss are described in Annexure VI (b) of GOI Handbook 2004.

A Cost-benefit analysis as above should accompany the proposal sent to the Central Government for clearance under the Forest (Conservation) Act, 1980. [GOI Handbook 2004- Annex. VI- Annexure VIIID (3)]

(viii) The proposal to accompany Rehabilitation Plan: - (a) Suffering caused to people who are displaced on account of sanction of a project cannot be over stated. It

is, therefore, essential that in a proposal for disforestation or diversion of forest land, if it involves displacement of people, it should be accompanied by a satisfactory plan for their rehabilitation. Scheduled Tribe and Scheduled Castes populations should be separately considered, and a plan for their rehabilitation should be in consonance with their socio-economic, cultural and emotional life structure.

(b) The Government of India do not allow diversion of forest land for rehabilitation of people. However, such diversion may be considered as special cases, if essentially required for rehabilitation of scheduled tribes, scheduled caste and other people who may have to be shifted from the core zone of a National Park or Reserve.

(GOI Handbook 2004- Ch:2, 2.7) (ix) Calculation of number of seedlings to be planted in diversion of forest land less than one hectare: - The Government of India has stated that in case of diversion of forest land less than one hectare, 10 trees

shall be planted for every tree felled. However, the minimum number of trees to be planted shall be computed at the rate of 2500 trees per hectare, for the forest area, being actually diverted. Cases where no tree felling is involved, the planting of trees at the rate of 2500 trees per ha of the forest area diverted shall be done.

[GOI No. 2-1/90-FC dated February 3, 1990] {Annexure VIIID (4)} (x) Environmental Clearance and Forest Clearances:-

All hydel projects, major Irrigation projects and mining projects require Environmental Clearance besides Forest Clearance. The Government of India has issued the following directions.

(a) All hydel projects, and major irrigation projects (with command area more than 10,000 ha) should be referred to the Environment wing of MOEF for environmental clearance simultaneously with the forest clearance.

(b) The mining proposal should be referred to the environmental wing for the environment clearance, only if the Forest Adversary Committee, constituted under Forest (Conservation) Rules 2003, specifically calls for its scrutiny. [GOI No2-3/86-FC dated 24.06.1991] {Annexure VIIID (5)}

(xi) Details of trees to be given: -

Species - wise and diameter class-wise list of trees to be felled is an essential requirement for a meaningful appraisal of the proposal. It has been represented that in larger areas this takes a lot of time. It has , therefore been decided that total enumeration may be carried out only upto 10 ha. For larger areas species-wise and diameter class wise list may be computed either from the working plans or by standard sampling methods. The information sought in item 7 (vii), Part II of Form A ( Appendix to rule 6 of F.C. Rules 2003) should invariably be given and more particularly in irrigation project for various levels of height of dam i.e. FRL, FRL-2, FRL-4 etc. (GOI Handbook 2004- Ch:2, 2.2(ii))

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(xii) Compensatory afforestation scheme:- Described in detail in article 8.19 of this part.

(xiii) Net Present Value of the forest land:- Described in detail in article 8.20 of this part.

(xiv) Public Opinion to be considered for application for diversion :- In order to avoid any adverse public opinion, regarding the project, it will be essential to endorse a copy of

a Resolution from the Gram Panchayat /Local body, favouring the project. However, it is subjected to exemption provided in the Guidelines under the Act.

With respect to instructions regarding Aam Sabha, it is further clarified that it will not be required in following circumstances. (a) In those projects, where the public hearing is required, in order to get environmental clearance and such hearing has taken place. A copy of resolution is required to be attached. (b) The linear projects like roads, canals, laying of pipelines, optical fiber and transmission lines, which passes through many villages, will not require such resolution. (c) The diversion of private forests land. (d) The small public utility projects like drinking water, schools, hospitals etc.

[GOI No. 11-30/96-FC)pt) dated 17-8-2000] {Annexure VIIID (6)}

(xv) Tripartite Agreement : (a) Government of India to allow private participation in afforestation :-

The GOI has taken a decision to promote the joint participation of the industrial houses, NGO and the Forest Department for rehabilitating the vast degraded forests. This tripartite agreement will be valid for 5 to 7 years and without the sharing of usufruct. (GOI Handbook 2004- Ch:2, 2.9)

(b) Tri-partite agreement with industrial house etc. for raising plantations on forest land:- The Government of Maharashtra has issued guidelines under Forest (Conservation) Act, 1980 for allowing

the use of degraded forest land for the purpose of raising plantations under the Tri-partite agreement involving the industrial houses, non-government organizations and Forest Department with the objective of increasing the forest cover vide letter No FLD 2011/CR 167/F-10 dated 23/9/2011. {Annexure VIIID (7)}

(xvi) Rediversion of Forest Land:- Diversion of already diverted forest land for using for another non-forest use by some other user agency

while continuing the use of whole of the diverted land by the primary user agency in whose favour the land has already been diverted earlier is defined as Rediversion of Forest Land.

Guidelines for submission of proposals for re-diversion of forest land are mentioned in GOI letter F.No. 8-66/2009 dated 30-09-2011. {Annexure VIIID (8)}

(xvii) Plant names to be mentioned in Scientific Names alongwith Local Language:- Plant names should be mentioned in Scientific Names alongwith Local Language while submitting

applications under Forest (Conservation) Act, 1980. [No. 7-1/89/Part-VIII/2012-BHO/848, dt. 18-05-2012] {Annexure VIIID (9)}

8.14 Irrigation / Hydel / Hydro-electric Projects

(i) Irrigation and Hydel Projects to contain following details :- When the forest land is required for irrigation and hydel projects, the following details are necessary :

(a) Total catchment area (b) Total command area (c) Full Reservoir Level (d) High Flood Level (e) Minimum Draw Down Level (f) Total catchment area of the Dam (in hectares) and its break-up: Forest land : cultivated land, pasture land,

human cultivation and others. (g) Total command area and the forest area benefited inside it (h) Details as per item (i) The area falling under submergence and its various levels. (j) Total number families and population affected. Scheduled Caste and Scheduled Tribe families to be displaced

should be separately indicated. (k) Proposals for the Rehabilitation of the affected person.

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(l) Comprehensive land use plan for area required outside submergence i.e. buildings, roads and other ancillary facilities.

(m) It has been observed that water hardly stands all the year round even up to FRL. Trees can definitely stand in water for one to three months and therefore, submergence should be calculated 2m-4m below FRL. For this the following should be given for forest areas involved. (1) Area of submergence at HFL (High Flood Level) (2) Area of submergence at FRL (Full Reservoir Level) (3) Area of submergence 2m below FRL. (4) Area of submergence at 4m below FRL (For medium and major irrigation projects only) (5) Area of submergence at Minimum Draw Down Level (MDDL).

(ii) Tree felling to confine to FRL (-2) and FRL (-4) in Irrigation Projects :- The Government of India has stated that while cutting of the trees may confine to FRL (-2) or FRL (-4) as

the case may be, as these areas remain under submergence only for 3 months, the proposal should be for the area corresponding to FRL, as the area between FRL and FRL (-2),/FRL (-4), will remain inundated for 3 months, and natural regeneration will not survive in that area. [GOI dated 5th Sept,1988] {Annexure VIIID (10)}

(iii) Catchment Area Treatment Plan (a) All Hydro electric projects involving diversion of forest land and which are beyond 10 MW capacity will

require a Catchments Area Treatment. The small projects upto the capacity of 10 MW, which are either canal head or run of the river, projects, without impounding water/or submergence of forest land, the CAT will not be insisted. [No – 11-14/94-FC dated 01-11-2001] {Annexure VIIID (11)}

(b) The Ministry of Water Resources in its draft Guidelines for an Action Plan for the CAT of Reservoirs has opined that for Deccan Peninsula, the average cost for the CAT should be Rs. 3525/Ha calculated in the year 1988, with 10% annual inflation. [Guideline 01 Ministry of Water Resources].

(c) For major and medium irrigation projects and for hydro-electric projects, CAT will be required. The Guidelines for the CAT are (1) In the dense areas, the stress should be on soil and moisture conservation. (2) In open areas, the planting of local indigenous trees and shrub species should be done along with soil and

moisture conservation. (3) On the revenue/private lands or civil soyam forests, the CAT should include the fodder development. (4) Plantation of medicinal plants should be done.

In order to monitor the work of CAT on quarterly basis, a committee is being constituted of the following officers.

(1) Principal Chief Conservator of Forests - Chairman (2) Secretary (Agriculture) - Member Or his representative. (3) Secretary (Animal Husbandry) - Member (4) Project Officer (User Agency) - Member (5) Chief Conservator of Forests/ - Member Conservator of Forests (6) Nodal Officer - Member Secretary [F. No. 8-227/87-FC dated 18-6-2004] {Annexure VIIID (12)} 8.15 Mining Projects

(i) Mining Proposals– In regard to proposals for diversion of forest lands for mining, in addition to the particulars specified for

submission vide annexure to the rule 6 of the Forest (Conservation) Rules, 2003, the following information should be given :-

(a) Total mining lease area and forest area required. (b) Nature of Major/Minor (c) Period of mining lease proposed.(It should be as per Minerals Concessions Rules 1960). (d) Estimated reserve of each mineral/ore in the forest area and in the non-forest area adjoining. (e) Annual estimated production of mineral/ore.

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(f) Nature of mining operations (opencast/underground). (g) Plans for rehabilitation of the areas after mining. (h) Gradient of the area where mining would be undertaken. (i) For renewals :- Copies of the concerned lease deed should be attached. (j) Average number of persons to be employed everyday. (k) Area of forest land required for :

(1) Mining (2) Storing mineral/ore (3) Dumping of overburden (4) Storing tools and machinery (5) Construction of buildings, power stations, workshops etc. ( 6) Township/housing colony. (7) Construction of road/ropeway/railway lines. (8) Full land use plan for forest area required.

(l) Safety Zone should not be the part of the proposal (m) The proposal should always be accompanied along with the Mining Plan. In case of coal, it should be approved by the Ministry of Coal & Mines, for other major minerals, by IBM and for minor minerals, by the District Mining Officer. (n ) Prospective Management plan. (o) An index map of 1:.50,000 showing the location of other quarries/mines in the adjoining area. (p) For Minor minerals, the cluster approach should be followed. (q) Reasons why forest land asked for any of the activities under the project cited cannot be located outside forest area. (r) The extent of damage that would be caused in terms of number of trees affected on account of mining and related activities. (s) The forest land for dumping overburden should be avoided. (t) Distance of the mining area from perennial water-courses, national and state highways, national parks, sanctuaries and biosphere reserves. (u) Procedure for stocking of the topsoil for re-use. (v) Phased reclamation programme concurrently with the mining operation. (w) Extent of subsidence expected in underground mining operations and its impact on water, forest and other vegetation. The detail subsidence analysis is required to be done, from any National Institute.

(x) The Mining plan in case of under ground mines should contain a subsidence analysis. (ii) Other mining lease to be shown on toposheet with the proposal: - The Govt. of India has stated that in all mining proposals, a printed original copy of Toposheet of SOI of

scale 1:50,000, showing the boundaries of forests, the proposed lease and other mining leases existing, of the forest block, within that sheet, should be shown.

(iii) Mining Plan to be annexed:- The Government of Maharashtra in its Directorate of Geology and Mines, Nagpur, has issued a broad

guidelines for the preparation of Mining Plan for minor minerals, in Bombay Metropolitan Region. [GOM No. STC/446/39/3767 dated 30/6/1989] {Annexure VIIID (13)}

(iv) Mining proposal to be accompanied with the Mining Plan: - The Govt. of India has clarified that the Mining Plan should be approved by the competent authority for the

concern minerals, e.g. for coal it should be approved by the Ministry of Coal & Mines and for major minerals by I.B.M. and so on. [GOI F. No. 5-2/2007-FC dated 17.01.2008] {Annexure VIIID (14)}

(v) The area to be freshly broken not to include roads etc. :- The Government of India has clarified that for calculating the area to be freshly broken, the forest area

already broken up for mining, used up for road construction, over burden dumping, statutory building etc. shall be excluded from the calculation. [GOI No. 8-29/93-FC dated 1-10-1993] {Annexure VIIID (15)}

(vi) Mining proposals more than 5 Ha. require Environmental Clearance :- The Government of India, vide its notification relating to Environmental Clearance has stated that all

mining projects (Major Minerals) with lease more than 5 hectares and tarring of road in forest area will require a clearance from Government of India under Environmental Protection Act.

[GOI No. Z/12013/ 41/89-IA-1 New Delhi 27-01-1994] {Annexure VIIID (16)}

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(vii) Safety Zone to be 7.5 Meters:- For the purpose of uniformity, the safety zone around mining lease should be taken as 7.5 meter of the

forest land all along the outer boundary of the mining lease area. In cluster proposal, the outer boundaries of the cluster should be taken for calculating the safety zone. It should not be part of the proposal.

[GOI No. 11-17/98-FC dated 25-05-1999] {Annexure VIIID (17)} (viii) Mining lease to follow to a cluster approach:- For mining, the cluster approach should be followed by the State Government.[GOI – No. 11-29/94-FC

/1070 dated 18.8.1994]. [GOI – No. 11-8/2001-FC dated 15-11-2001] {Annexures VIIID (18), VIIID (19)} (ix) Subsidence analysis to accompany the underground mining proposal :- The Govt. of India has laid down that the 3-dimension subsidence analysis will be carried out in case of all

proposals of underground mining, from certain specified National Institutes. [F-No.2-1/2003-FC (Part III) dated 10.06.2004] {Annexure VIIID (20)}

(x) Environmental Safeguards to be installed at mining site :- The Govt. of India has laid down that in order to avoid air pollution due to crushing, sizing, grading and

screening operations, certain dust collection methods like water jets, mist spray should be provided to control pollution and such crushing units should be located at a minimum safe distance of 2 km. from Forest Colony, National or State Highway. [F.No.-11-1/2004-FC dated 06.09.2004] {Annexure VIIID (21)}

(xi) Temporary working permission:- (a) Working permission to be revoked during judicial intervention: - Some times the proposals for renewal of mining leases are accorded in principle approval subject to

compliance of certain conditions. To enable the user agency to comply with the conditions, temporary working permission is accorded on already broken up area. However, in case the user agency decides to approach the court, the in principle approval and the working permission granted, shall be revoked. [F-No.-8-82/93-FC dated 02-04-2000] {Annexure VIIID (22)}

(b) Government of India to grant working permission for mines: - The Govt. of India has laid down the principle for granting working permission in a renewal of mining

lease and has stated that if a completed application from the user agency is received one year in advance, and it could not be processed by the State Govt., a temporary working permission may be granted by the Govt. of India till a final decision is taken. [5-5/86-FC dated 23-12-2002] {Annexure VIIID (23)}

(c) One year working permission for conditionally sanctioned mining proposals :- The Govt. of India has clarified that Govt. of India may grant one year working permission, in case of

renewal of mines, for already broken up area, so as to enable the State Government to comply with the conditions. This period is also extendable by one year, subject to the submission of reasonable progress report by the State Govt. (GOI Handbook 2004- Ch:4, 4.18)

(d) Working permission for a maximum period of one year to be granted for mining: - The Govt. of India further clarified that if application for the renewal of mining lease from the user agency

is received one year in advance and it could not be processed by the State Govt., the working permission can be granted for a maximum period of one year by the Central Govt. on a simple application from user agency in prescribed format. If the proposal is not received on expiry of the period of temporary working permission, it will be deemed to have been rejected till State/UT Government sends its specific recommendations. NPV for already broken area will be required to be paid within the period of six months of the temporary working permission. It will be kept in a fixed deposit. In the event of rejection of the proposal, the amount shall be refunded to concerned user agency after deducting the cost of reclamation of that particular broken up area as determined by State/UT Governments. [F-No.2-1/2003 FC(Pt-II) dated 14.12.2004] {Annexure VIIID (24)}

(e) Over dumps to be removed by the Forest Department :- The Govt. of India has clarified that in case the temporary working permission has been cancelled by the

Govt. of India and the over-dumping are still to be removed from the site, such material, after the cancellation of temporary working permission will be removed by the Forest Department at the cost of the project authority, after a due approval from Govt. of India.

(xii) Guidelines for diversion of forest land for coal block and mining blocks:- The proposal should always be accompanied along with the approved Mining Plan. In case of Coal, it

should be approved by CMPDI, Ranchi and in case of minerals other than Coal and lignite, by IBM Nagpur.

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The proposal should be enclosed with map of forest area on printed original copy of Survey of India topo sheet 1:50,000 scale showing boundaries of forest areas and other mining leases of forest block within that sheet.

Mining Plan inter-alia shall indicate scientific sequential mining, back filling and afforestation in mined out areas, along with annual plan/map indicating afforestation in mined out area.

[F-No.11-168/2009 FC(Pt) dated 14.2.2012] {Annexure VIIID (25)}

8.16 Simplified procedure for Certain Categories of Proposals

(i) Simplified procedure for Certain Categories of Proposals:- (a) All such proposals, which pertains to laying of transmission lines, pipelines for drinking water, telephone

line, optical fiber lines, drilling for exploration which involves no felling of tree, shall be submitted in a simplified format. It would not be necessary for the State Government or other authority to submit the proposals for diversion of forest land in the prescribed proforma.

In order to expedite disposal of such cases, proposals of these types may be sent to the Central Government containing following particulars :

(1) Map of the area required along with geographical location of the project (2) Purpose for which forest land is required to be used. (3) Extent of forest land.

(4) Status of forest land (i. e. whether reserved forest, protected forest or any other class of forests including restored or identified forests).

(5) Whether the forest land forms part of any National Parks, Wildlife sanctuary biosphere reserve or forms a part of the habitat of any endangered or threatened species of flora and fauna. (6) Compensatory afforestation scheme (7) Whether no alternative alignment is possible to avoid or minimize use of forest land and whether the required area is the minimum needed for the purpose. A certificate in this regard furnished by the concerned Divisional Forest Officer /Deputy Conservator of Forests after an inspection of the spot must be submitted along with the proposal. (8) A certificate that no cutting or tree felling is involved.

(b) Cases involving small forest area upto 2 ha. in extent, which are devoid of tree cover may also be dealt with as per simplified procedure. In case the diversion involves the forest land from National Park or Sanctuary, a prior approval from National Wildlife Board and from the Supreme Court will be required. It is to be noted that this procedure would apply to only such proposal for laying of transmission lines or

pipes for drinking water supply which do not involve cutting or felling of any trees. The covering letter should clearly indicate that no felling of trees is involved. In all other cases, the normal procedure laid down in the Forests (Conservation) Rules would continue to apply.

{Annexure VIIID (26)} & (GOI Handbook 2004- Ch:2, 2.4)

8.17 Special Provisions for O.F.C/Pipe Lines/Transmission lines/ LWE affected districts:-

(i) User Agency to provide at least 2 MB free width to the Government of Maharashtra: - The GOM has clarified that for laying of optical fiber cable, within the existing right of way and with other

conditions enlisted in GOI’s order, the user agency has to comply with some additional conditions. One of the major condition - 2 MB of Band width will be provided free of cost by the user agency to the

Government Department. [GR Land 10/2000/ P.K.- 91/j-1 dated 27-4-2000 & Corrig. dated 14-6-2000] {Annexure VIIID (27)} The GOM has further revised the Policy on allowing Right of Way to the Agencies laying optical fiber cable (OFC) network. [GR No. DIT /File-03/336 dated 01-04-2006] {Annexure VIIID (28)}

(ii) No proposal under Forest (Conservation) Act, 1980 required for stringing work :- The Government of India has clarified that where no forest land is required for fixing poles, but only the air

space is violated by stringing work, no proposal required. [GOI No. 1-4/91/CFOR)/Vol. I/V/1226 dated 27.5.2003] {Annexure VIIID (29)}

(iii) Special power for tribal areas in reference to Optical Fiber cable/underground electric cable/underground pipe lines etc. :-

The Government of India has amended the provision of Forest Conservation Act 1980, for the tribal areas, as defined in Schedule V and VI of the Constitution of India, the Nodal officer will sanction diversion for laying

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of underground electric cables and electric wires to the individual houses, drinking water supply/pipe line, telephone line, which involves felling of not more than 50 trees of not exceeding girth of 60 cms. that is outside National park and Sanctuary and is laid along the existing road and existing right of way. The Nodal Officer will maintain a record of such diversions. In lieu of felling of trees, five times the number of trees shall be planted by the User Agency at or near the site. Any deviation, shall require permission from the Central Govt. under the FCA, 1980. [F-No. 2-1/2003-FC dated 20.10.2003] {Annexure VIIID (30)}

(iv) Diversion to be restricted for Optical fiber cables, under ground electric lines, underground telephone lines etc. to one hectare where tree felling is involved :-

The Government of India has stated that where the tree felling is involved in the proposals of Optical fiber cable, underground electric cable, underground telephone lines and underground drinking supply pipe lines, the power to divert the forest land shall be restricted to 1 Ha. Only.

The power was delegated to the State Government with a condition that such project should not involve tree felling therefore the question of raising compensatory afforestation does not arise. However, in case tree felling is involved and the diverted area is upto one hectare, plantation of 10 times the number of trees likely to be felled will have to be carried out by way of compensatory afforestation.

[GOI F.No.11-9/98-FC dated 15.06.2004] {Annexure VIIID (31)} (v) Guidelines related to general approval for underground laying of optical fiber cables, underground

laying of telephone lines and underground laying of drinking water supply pipelines: - The General approval was granted to the State Government by the GOI for diversion of forest land for

underground laying of optical fiber cables, underground laying of telephone lines and underground laying of drinking water supply pipelines, outside National Park and Sanctuary, and which involves no felling of tree and where such laying is along the road side, within the existing right of way, provided the trench size does not increase a depth of 2 meters and a width of one meter.

[F-No-11-9/98 FC dt. 21-11-2005] {Annexure VIIID (32)} (vi) Delegation of power for sanctioning optical fiber cables, underground pipe lines etc. to the State

Government:- The Government of India in view of the temporary nature of diversion, delegated the power of underground

laying of optical fiber cables, underground laying of telephone lines and underground laying of drinking water supply pipelines, outside National Park and Sanctuary, and which involves no felling of tree and where such laying is along the road side, within the existing right of way, to the State Government. It was further elaborated that the maximum size of trench to be permitted shall be 2.00 meter deep and 1.00 meter wide. [GOI 11-9/98 FC dated 16-10-2000, 08-04-2009]. The Government of Maharashtra further delegated the powers of sanction diversion to PCCF M.S. [GOM Marathi FLD 1009/ P.K. 657/F-10 dated 04-12-2009].

{Annexures VIIID (33), VIIID (34), VIIID (35)} (vii) General approval under Section 2 of the FCA, 1980 for diversion of forest land for creation of critical

public utility infrastructure by Govt. Departments involving not more than 5 ha. of forest land in each case in 60 Left Wing Extremism affected districts – reg.

The existing general approval for certain activities to be carried out by Govt. departments involving not more than one ha. of forest land has been further relaxed to diversion of not more than five ha. of forest land by the Central Government in dealing with cases where critical public utility infrastructure activities are being taken up by the local administration in Left Wing Extremism affected districts. The activities covered and conditions for general approval are as per GOI letters F.No. 11-9/98-FC, dated 13-05-2011 and 16-06-2011.

{Annexures VIIID (36), VIIID (37)} (viii) Transmission Line –

(a) Forest land to be the last resort: - Reacting to a representation that use of forest areas for laying of transmission lines should be exempted

from the provisions of the Forest (Conservation) Act, 1980. The late Prime Minister had observed : "Where laying of transmission lines involve cutting trees we would find feasible alternatives ". While laying down the transmission line, involving cutting of trees, all possibility to avail such land should

be tried. It is, therefore, asserted that while determining the alignment of any transmission line, forest areas should be avoided so far as possible. Use of forest land for this purpose should be allowed only if absolutely unavoidable and after obtaining the prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.

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(b) Transmission Line Proposal to be as per CEA Specifications: - Width of the strip of forest land required for various kinds of transmission lines should be strictly in

accordance with the TST specifications. Further, clearance of forest should be done only for the purpose of erection of towers and laying of conductors; elsewhere the trees should only be lopped when necessary. Species-wise and diameter class-wise list of trees standing on the entire strip should be furnished. Special guidelines in regard to laying of transmission lines in forest areas are mentioned in GOI Handbook 2004- Annex.V-{Annexure VIIID (38)}.

(c) Maximum allowable width of Right of Way for transmission lines in forest area:- Ministry of Environment & Forests in consultation with the Central Electricity Authority, has decided to

revise the maximum width of Right of Way for various voltage levels, as given below:

Sr. No.

Transmission Voltage Width of Right of Way (Meter)

1 400 kV S/C 52 2 400 kV D/C 46 3 765 kV S/C (with delta configuration) 64 4 765 kV D/C 67 5 (+, -) 800 kV HVDC 69 6 1200 kV A/C 89

[F.No. 8-44/2011-FC(Pt), dt. 24-01-2012] {Annexure VIIID (39)}

8.18 Diversion of Forest land for Widening, Expansion or Realignment of Road/Rail/Canal:-

(i) Details to accompany road, railway and other linear projects :- The land for road project is generally asked in piecemeal, or land needed immediately is asked for.

Before any sanction is given, it is necessary to examine the entire project and a note on the present and future requirement should be submitted. The following information should be submitted along with the proposals:

(a) A map on 1:50.000 scale showing forest areas, forest boundaries and road alignment. (b) Length and width of the strip required and forest area required. (c) Total length of the road as per final project, or as per alignment already surveyed. (d) Length of the road already constructed. (e) Total length of the road passing through the forest out of the length given under (iii) above. (f) Was an alternative alignment avoiding the forest land explored ? If so, why it was rejected. (g) Total (h) Similar details may be given for new railway lines.

(ii) Norms for the width of the road The following geometric standards shall be adopted for State Roads in future.

Category of Road. Roadways Carriage width width (a) State Highways 9.00 Meter 3.75 Meter (b) M.D.R. 7.50 Meter 3.75 Meter (c) O.D.R. 7.5 Meter 3.75 Meter (d) V.R. 7.5 Meter 3.00 Meter

[PWD Circular English BDM-1087/CR 5306/P-3 dated 13-5-1988] {Annexure VIIID (40)} (iii) Forest proposal not required for realignment of canal/road: -

The Government of India allowed the deviations of minor nature like realignment of area, in a irrigation projects or in the projects involving linear diversion of forest land. In such approved projects, a forest proposal is not required, but the State Government may send the information through covering letter giving maps and the details of the additional area required.

(iv) The road side diversion does not require alternative land in special case :- The Government of India has clarified that all the road side plantations raised on PWD/NHAI land and

subsequently notified as Protected Forest, will not attract the provision of compensatory afforestation and the Regional Office at Bhopal of Ministry of Environment & Forests will be competent authority to order

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diversion of such land. In case of land involved in diversion is an R.F. or P.F. belonging to Forest Department, the user agency will be required to deposit the funds for raising plantation on degraded forest land, twice in extent diverted. [M.O.E.F. 16-7-99] {Annexure VIIID (41)}

(v) The Environmental clearance not required in improvement of roads: - The Ministry of Environment & Forests has clarified that the environmental clearance is not required in

improvement projects like widening and strengthening of road if such proposal does not include the area of National Park or Sanctuary or from any other ecological sensitive zone and widening does not exceed 20 meters on either side. As far as Bypass roads are concerned, it will require the environmental clearance; if the total cost of the project exceeds Rs. 50 Crores.[MOEF No. 21012/26-99-IA-III dated 15-10-1999] {Annexure VIIID (42)}

(vi) Road repair works and upgradation works in forest areas :- (a) GOM has clarified that within the existing width, the repairs of road / its upgradation by strengthening or

tarring can be carried out without referring to GOI, provided no felling of tree is involved. For repairs, the necessary material has to be brought from outside, or from the side drains, within the existing width. No borrow pits beyond outer limits of the existing side drains should be allowed to drug in the forest area.

(b) The nature and the status of road shall be as shown in the toposheet of Survey of India, prepared before 1980 (prior to commencement of the FCA, 1980) like Village road, District road, State Highway etc.

- Width of roads will be taken as standard width defined for that road in PWD manual. - Cart tracks in forest area - the width will be taken as 3.65 Meters. - Other forest roads - the width to be taken as 7.50 Meters.

(c) It was further clarified that the Cross Drainage (C.D.) works can be taken up on these roads, within the existing width. However, if it cannot be done, within the existing width, the formal approval from the GOI under Forest (Conservation) Act 1980, will be required.

(d) However, if the road is to be upgraded by increasing its width, the proposal under Forest (Conservation) Act, 1980 shall be prepared.

(e) Roads not covered under above definition will require a clearance from GOI. (f) The decision of CCF/CF (Territorial) in this matter shall be final.

[GOM Marathi FLD-3102/ P.K.-9/F-10 dated 24-6-2003] {Annexure VIIID (43)} (vii) Upgradation of Kutcha road to Pucca road constructed prior to 1980 in forest areas - Black

topping/Tarring requires environmental clearance:- The Government of India further clarified regarding the upgradation of Kutcha road to Pucca road

constructed on forest lands prior to 1980 and has stated that the upgradation is allowed to the extent that these roads are not black topped/tarred and if during the process of upgradation, these roads need to be black topped/tarred, prior environmental clearance from Government of India in the Ministry of Environment & Forests will be required. For similar roads in National Parks/Sanctuaries, a permission from Supreme Court will be necessary. No trees will be felled.

[GOI – F. No. 11-48/2002 FC dated 29/4/2005] {Annexure VIIID (44)} (viii) Government of India to allow diversion for Petrol pumps. :-

GOI laid down the guidelines for diversion of roadside forest land for construction of petrol pump and the approach road to it, from the existing road. The diversion for petrol pump shall also include the diversion for the complex like toilet, restaurant, rest rooms, shops etc.

[GOI MOEF FN 11-29/2004-FC dated 15-7-2004] {Annexure VIIID (45)} (ix) Roads shown on the State maps, but not on toposheet require GOI clearance :-

GOM further clarified that all roads which were constructed after 1925-26, the year the survey was done, till 1980, and are not shown on the map, for such roads, any record of map available with Revenue department, Forest Survey, Zilla Parishad, should be used as reference and a consolidated proposal of all such roads should be prepared and sent to GOI for approval.

[GOM Marathi FLD-1001/ P.K.-9/F-10 dated 03/12/2004] {Annexure VIIID (46)} (x) Road/Canal/rail side diversions to be disposed by the Regional Office:-

The land which have been acquired by the Project Authority (Road/canal/rail) long back and have been planted by them and subsequently notified as PF, the diversion of such land will require the permission of GOI, and such diversion, irrespective of the area, shall be permitted by the Regional Office, which shall dispose them of in thirty days and in lieu of diversion instead of seeking non forest land for raising Compensatory Afforestation, the planting of few trees for each tree cut shall be stipulated by the Regional Office. [F No. 11-96/2000-FC dated 04-02-2005] {Annexure VIIID (47)}

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(xi) Sub-project to be the unit of proposal: - The Government of India has stated that in case the project of road is passing through the different

administrative forest divisions, the unit of proposal shall be the sub-project by including all forest land falling in the alignment of that sub-project. [GOI F No-11-47/2006-FC dated 6-10-2006] {Annexure VIIID (48)}

(xii) Guidelines for black topping and bituminous work under Pradhan Mantri Gramin Sadak Yojna (PMGSY) using cold mix:-

The Central Government has given approval under the provisions of FCA, 1980 for black topping and bituminous work of those forest management roads (constructed before or after 25.10.1980), which have been brought under Pradhan Mantri Gramin Sadak Yojna (PMGSY) subject to the following conditions: • Bitumen cold mix for black topping should be prepared outside the forest or at an approved site by the

DFO. • The project proponent shall maintain the curves of the roads inside the forest and will not straighten the

same. • The project proponent shall install speed breakers and speed control signages at regular intervals to avoid

accident with wild animals. • The project proponent shall maintain the road surface as rough as possible to act as regular speed governor,

even if it means going below the standards prescribed for the particular class of roads, the intention being only to make it an all weather road.

• The project proponent shall provide side drains for proper drainage. [GOI letter No F No 5-3/2007-FC dated 17/1/2011] {Annexure VIIID (49)}

(xiii) Diversion of forest land for Widening/Strengthening of National Highways/State Highways and other road Projects:-

The proposal should be accompanied with index map with latitude and longitude in the forest survey of India toposheet, section plan in desired scale and Eco Sensitive Zone map by showing the Additional impacted Area. [No 6MPB 071/2011 BHO 736 dated 30/04/2012] {Annexure VIIID (50)}

[E] Important Conditions stipulated in Proposals

8.19 Compensatory Afforestation [I] General Guidelines (i) Compensatory afforestation scheme to accompany the proposal :-

Item No.10 of the Appendix under Rule 6, to the Forest (Conservation) Rules, 2003 prescribes that steps proposed to be taken to compensate for the loss of forest area should be specified while making proposals for dereservation or diversion of forest land for non-forest use. Compensatory Afforestation is one of the most important conditions stipulated by the Government of India in approving proposals for dereservation or diversion of forest land for the non-forest use. Therefore, it would be essential that with all the proposals for dereservation or diversion of forest land for non-forest use, a comprehensive scheme for compensatory afforestation is formulated and submitted to the Government of India. The scheme should be site specific.

(ii) The Compensatory afforestation will not be insisted in the following cases:- (a) For clearing of naturally grown trees in the forestland or in portion thereof for the purpose of using it for reforestation. (b) Proposal involving diversion of forestland upto one hectare. (c) For underground mining below 3.00 meters. (d) Cases of renewal of mining lease for the area already broken up. Compensatory afforestation will be raised only one time. (GOI Handbook 2004- Ch:3, 3.2(viii))

(iii) Elements of schemes for Compensatory Afforestation should contain the following details :- (a) Details of equivalent non-forest or degraded forest land identified for raising compensatory afforestation. (b) Delineation of proposed area on suitable map preferably on large scale. (c) Agency responsible for afforestation. (d) Details of work schedule proposed for compensatory afforestation. (e) Provision of funds and the mechanism to ensure that the funds will be utilised for raising afforestation. (f) Details of proposed monitoring mechanism. (GOI Handbook 2004- Ch:3, 3.3(i))

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(iv) The Compensatory Afforestation should be site specific: -

The Government of India has stated in reference to the preparation of site specific estimate that occasionally the schemes of Compensatory Afforestation attached with the proposal are with higher rate structure than what is actually the State norms of plantation and it is therefore directed that such schemes should be technically and administratively approved from the competent authority.

[GOI F No.-8-80/99 -FC dated 07-11-2001] {Annexure VIIIE (1)} (v) The Compensatory Afforestation to include infrastructural charge :-

The Government of India has stated that whatever infrastructural facility is required by the State Government, it should form a part of the compensatory afforestation scheme and can be included as supervisory monitoring charge on rational basis and no additional fund beyond the approved compensatory afforestation scheme should be sought from the user agency.

[GOI F No. 11-30/96 FC dated 10-12-2001] {Annexure VIIIE (2)} (vi) The diversion of forest land related to Compensatory Afforestation: - The GOI will not consider the proposal of the State Govt. for diversion of forest land under Forest

(Conservation) Act, 1980, unless the State and District profile about Compensatory Afforestation is enclosed and unless 60% of the compensatory afforestation target has been ensured.

[No. IGF/FC/2002/03 dated 3-3-2003] {Annexure VIIIE (3)} (vii) The Compensatory Afforestation plantation to include herbs, shrubs and indigenous species:- The Government of India has clarified that compensatory afforestation should be site specific and should

include planting of herbs and shrubs in the first year, followed by the plantation of indigenous species after three to four years. Similarly CAT should include Gully plugging, construction of check dams, gabion dams, vegetative structures, contour trenches etc. for the ecological restoration.

[GOI No. – 11-9/98-FC dated 23-4-2004] {Annexure VIIIE (4)} (viii) Compensatory Afforestation should be in cost norm of the State: - The compensatory afforestation should be site specific and should correspond with the cost norms and it

should be prepared by the concerned officer of the Forest Department. The scheme may include soil and moisture conservation works, if required for the eco-restoration of the area. The scheme should be accompanied with the proposal. [F-No. 11-9/98-FC dated 31-01-2005] {Annexure VIIIE (5)}

[II] Land for raising Compensatory Afforestation

(i) Land for raising Compensatory Afforestation :- The following norms are laid down for compensatory afforestation :-

(a) Where non-forest lands are available, compensatory afforestation be raised over equivalent area of non-forest land.

(b) Where non-forest lands are not available, compensatory plantations be raised over degraded forest twice in extent to the area being diverted.

(c) Where non-forest land available is less in extent to the forest land being diverted, in addition to compensatory afforestation on available non-forest land, plantation be raised on degraded forest twice in extent to the difference between forest land being diverted and available non-forest land.

(d) The special relaxation has been granted to six districts of Vidarbha i.e. Nagpur, Gadchiroli, Chandrapur, Wardha, Bhandara and Gondia, where the non-forest / Government land is not available for raising compensatory afforestation. In these six districts, the compensatory afforestation can be raised on Zudpi jungle, twice in extent to the forest area disforested. The certificate of Chief Secretary regarding non-availability of non-forest land will not be required. However, Government of India by its recent modification has stated that the Collector’s certificate regarding non-availability of non-forest land should be attached with the proposal.

It should, however, be made clear that the non availability of non-forest lands for compensatory afforestation in the entire State/UT would be accepted by the Government of India only on the certificate from the Chief Secretary to the State/UT Government to that effect.

(e) In hill districts and in other districts having forest land exceeding 50 percent of the total geographical area, compensatory afforestation on non-forest land will not be insisted upon and it may be allowed on degraded forest land twice in extent of the forest area diverted provided forest land involved does not exceed 20 Hectare and the purpose of diversion is any of the following : construction of link roads, small water works, minor irrigation works, school building, dispensary, hospital, tiny rural industrial shed of the Government or any other

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similar work which directly benefit the people of the area. This will not exclude the proposal related to quarries and regularization of encroachment. (GOI Handbook 2004- Ch:3, 3.2)

(ii) Compensatory afforestation will be raised on twice the degraded forest land, of the forest area diverted :- (a) For extraction of minor minerals from the river bed up to 500 Ha. (b) For construction of link road, small tank, minor irrigation tank having the forest area more than 50% of the geographical area, provided the extent of diversion does not exceed 20 Ha. (c) For laying of transmission line up to 220 KV. (d) For mulberry plantation undertaken for Silk-worm rearing without any felling of existing trees. (e) For diversion of linear or strip plantation declared as P.F, for widening or expansion of road/rail/canal. (f) For laying of telephone/optical fiber line. (GOI Handbook 2004- Ch:3, 3.2(vi))

(iii) Special provisions for Central Government Projects. :- The following instructions have been given for the project of Govt. of India.

(a) Compensatory afforestation will be raised on degraded forest land, twice in extent to the forest area diverted and in this regard, the certificate of non- availability of non forest land, by the Chief Secretary of the State will not be insisted.

(b) The State Govt. will identify “blank forest” or degraded forest land for raising compensatory afforestation for the Central Govt. projects. It must be identified within one month of submission of proposal to the State Govt. or the target of afforestration can be transferred to already identified degraded forest land in Madhya Pradesh & Rajasthan.

Clarification :- The exemption has been granted to the projects of Central Govt. and not to any project of State Govt. under taken by the Central Govt. on turnkey basis. (GOI Handbook 2004- Ch:3, 3.2(ix))

(iv) Lands identified for compensatory afforestation to be transferred to the Forest Department. (a) Equivalent non-forest land identified for the purpose are to be transferred to the control of the State Forest

Department, so that the plantation raised can be maintained permanently. Mutation and transfer should be effected at the time of Phase-I compliance. The transfer must take place prior to the commencement of the project.

(b) Non-forest lands identified for compensatory afforestation should be declared Reserved Forest/ Protected Forest to enforce the provisions of Indian Forest Act, 1927.

(c) The compensatory afforestation, when done in non-forest land, should preferably be raised adjacent to a forest area, and should be as near as possible to the area where diversion is allowed; and should be clearly an additional plantation activity and not a diversion of a part of the annual plantation programme.

(GOI Handbook 2004- Ch:3, 3.4) (v) The criteria for the compensatory afforestation land:-

The Government of Maharashtra has issued instructions regarding the criteria for selecting the land for raising compensatory afforestation. The soil must be 10 Cm deep and should be the nearest to the boundary of forest land. However, if the land is in pieces of 10 Ha to 20 Ha, it should be accepted within the periphery of 7 Km. Though such land is scattered but having minimum area 10 Ha. is acceptable and for the land with area 20 Ha or more, the minimum distance criteria may not be insisted upon.

[GOM English LND-1090/184/B-1, dated 27-3-1991] {Annexure VIIIE (6)} (vi) Khar Land (Mangrove land) to be used as compensatory land: -

The Government of Maharashtra has stated that the Khar Land (Mangrove land) can be used as alternate compensatory land for raising afforestation in lieu of diversion of forest land.

[GOM No. FLD/1390/C.N. 743/F-10, Dt. 10th October, 1991] {Annexure VIIIE (7)} (vii) The Compensatory Afforestation should be compact: -

The Government of India has instructed that the alternative compensatory land should be as close as possible, preferably adjacent to the existing RF/PF land in charge of Forest Department and in case, the alternative land is not available, in the district, it may be taken from the adjacent district, as close as possible to the place of diversion. [GOI No. 11-30/96-FC (Pt) May 1st 2000] {Annexure VIIIE (8)}

(viii) Safety zone not to be part of the proposal of field firing range: - The Government of India has clarified that the provisions of Forest Conservation Act 1980 will not be

attracted for diverting forest land as a safety zone, in the proposal of Field Firing Range and the State Government may proceed with such notification. However, the provisions of the Act will be attracted in case the forest land is required for the actual field firing range. [GOI F-No. 11-55/2000-FC dated 6-9-2000]. Accordingly the Government of Maharashtra has authorized Deputy Conservator of Forests concerned to issue no-objection

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certificate to District Collector for issuing notification regarding field firing range, by including forest land as safety zone. Army Authority will take up plantation in such safety zone.

[GOM English FLD 1081/CR-1/F-10 dated 11-1-2001] {Annexures VIIIE (9), VIIIE (10)} (ix) Compensatory Afforestation plantation for field firing range to confine to 100% actual impact area: -

The Government of India has stated that compensatory afforestation over degraded forest land will be raised on 100% of the actual impact area, which was earlier 10% of the total area of the field firing range, including safety zone. [GOI 8-58/98-FC dated 6/11/2001] {Annexure VIIIE (11)}

(x) Zudpi Jungle land to be transferred to “Zudpi Jungle land Bank” to be used as land for raising compensatory afforestation, twice in the extent to the forest area diverted:-

The Government of India has clarified that all lands shown as “Zudpi Jungle” in the revenue records of Vidarbha shall continue to be treated as forest land under Forest Conservation Act, 1980. State Government will transfer all such land to the “Zudpi Jungle Land Bank” and utilize such lands for Compensatory Afforestation afforestation, twice in extent to the forest area diverted. [4-8/87-FC dated 12-2-1992] {Annexure VIIIE (12)}

(xi) Zudpi Jungle land available for Compensatory Afforestation :- Zudpi Jungle land can be considered for raising Compensatory Afforestation, provided such land is notified

as RF under of IFA 1927, and the non forest land for raising C.A. is not available. [F-5-1/2007 FC dated 28-12-2007] {Annexure VIIIE (13)}

(xii) Non-availability of non-forest land for creation of compensatory afforestation:- Where non-forest lands are not available or non-forest land is available in less extent to the forest area being

diverted, compensatory afforestation may be carried out over degraded forest twice in extent to the area being diverted or to the difference between forest land being diverted and available non-forest land, as the case may be.

The non availability of suitable non-forest land for compensatory afforestation in the entire State/UT would be accepted by the Government of India only on the certificate from the Chief Secretary to the State/UT Government to that effect.

No such certificate will be issued by the Chief Secretary unless he/she obtains joint certificates to this effect from each District Collector and the Divisional Forest Officer in respect of area under their jurisdiction. Further in case it is found by the Central Government that after issue of such certificate by the Chief Secretary, non-forest land has been made available for raising plantations by Government Departments, the Central Government may issue direction to State/UT Government concerned, to transfer and mutate such land in favour of State/UT Government and notify such non forest land as RF/PF in accordance with the provisions of Indian Forest Act, 1927 or the concerned local Act.

Provided further that certificate of non-availability of non forest land shall be accepted only from those States having area of forest land more than 50% of their geographical area.

[F. No.11-423/2011-FC dated 13 February 2012] {Annexure VIIIE (14)}

8.20 Net Present Value of the forest land:-

[I] Regarding collection of Net Present Value

(i) Collection of Net Present Value in compliance with the orders of Supreme Court dated 30-10-2002 in IA no. 566 in writ petition (C) no. 202 of 1995

The Net Present Value of the diverted forest land shall be charged in the following categories of cases. (a) In principle approval granted after 30-10-2002, but final approval is yet to be granted. (b) In principle approval granted after 30-10-2002, and final approval has also been granted subsequently. (c) In those cases where in principle approval was not required, single final approval has been granted after 30- 10-2002. (d) No NPV will be charged on projects sanctioned where in principle or final approval has been granted prior

to 30-10-2002. [F-No.5-1/98 FC (Pt. II) dated 25.5.2004] {Annexure VIIIE (15)}

(ii) NPV and Compensatory Afforestation to be charged for all forest land irrespective of ownership: - The Government of India has clarified that NPV and Compensatory Afforestation will be charged for the

diversion of forest land, irrespective of its ownership and the user agency will have to deposit cost of NPV and cost of Compensatory Afforestation for the restored forest land, irrespective of its ownership.

[GOI No. -6-MHC008/2005-BHO 833 dated 29/4/05] {Annexure VIIIE (16)}

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(iii) Underground mining not excluded from NPV :- The Government of India subsequently modified their initial order of charging no NPV for underground

mining to full charging of NPV for underground mining as the extraction of these minerals involved breaking up of the fresh forest land and hence NPV should be charged.

[F No. 5-1/1998-FC (Pt .II) dated 17/5/2005] {Annexure VIIIE (17)} (iv) Lease sanctioned after 30-10-2002 will require NPV:-

The Govt. of India has clarified that the NPV will be charged on all those mining lease granted before the order of Supreme Court but subsequently got their lease period extended to make it co-terminus with the mining lease granted under the Mining Act after the order of Supreme Court.

[F No 8-286/88 FC (Pt) dated 16.11.2005] {Annexure VIIIE (18)} (v) NPV to be charged on all proposals after 30/10/2002 :-

NPV is to be collected from all the projects approved after 29th Oct/30th Oct 2002, irrespective of the date on which in- principle clearance may have been granted.

[F No.-5-2/2006 FC dated 3-10-2006] {Annexure VIIIE (19)}

[II] Guidelines for the collection of Net Present Value

(i) No NPV to be charged for the relocation of villages :- The Government of India further clarified that no NPV will be charged at present for relocation of villages

from National Parks/Sanctuaries till the Expert Committee gives its opinion and the opinion of the committee shall then be binding.

[F-No.11-82/2006-FC dt.10-5-2006, GOI F No.-5-3/2007- FC dt. 5.2.2009]{Annexures VIIIE (20), VIIIE (23)} (ii) The underground mining to be charged NPV at 50 % :- The GOI has further clarified in respect of underground mining that only 50% of NPV will be charged and

the Project Authority will give an undertaking to pay the remaining, if required under law, to do so. For open cast mining, the full NPV shall be charged. For underground mining NPV will be charged at half the rate.

[GOI No. 8-74/2004-FC dt.19-9-2007, GOI F No.-5-3/2007- FC-dt.5.2.2009]{Annexure VIIIE (21), VIIIE (23)} (iii) For wind mill projects, the NPV will be charged at half the rate:- For wind mill projects, the NPV will be charged at half the rate. [Supreme Court Order dt.24.04.2008, GOI F No.5-3/2007-FC dt.5.2.2009] {Annexures VIIIE (22), VIIIE (23)} (iv) Guidelines for the collection of Net Present Value (NPV) for various categories of projects:-

Hon’ble Supreme Court of India vide its judgement dated 28.3.2008, has re-fixed the rates of Net Present Value (NPV) on the basis of scientific data taking in view the ecological role and value of forests. The Government of India issued revised guidelines for the collection of NPV from the User Agency at differential rates which may vary from 4.38 lakhs her ha to 10.43 lakhs per ha. depending on the Eco value class I to VI of forest land and density of the crop under diversion and this amount will be charged for all the proposals, finally sanctioned after 30-10-2002 and shall be transferred to CAMPA.

The revised rates of NPV are as follows:-

Eco-Value class (Per Ha.)

Very Dense Forest (Rs.)

Dense Forest (Rs.)

Open Forest (Rs.)

Class I 1043000 939000 730000 Class II 1043000 939000 730000 Class III 887000 803000 626000 Class IV 626000 563000 438000 Class V 939000 845000 657000 Class VI 991000 897000 699000

Guidelines for the collection of Net Present Value (NPV) for the use of forest land in case of National

Parks / Sanctuaries and Exemption Levels for the Net Present Value (NPV) for certain category of projects are also given in this revised guidelines. [GOI F No.-5-3/2007- FC- dt. 5.2.2009] {Annexure VIIIE (23)}

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8.21 Special Fund for Compensatory Afforestation

(i) Special Fund to be created under Public Account :- The Government of Maharashtra created a special fund for compensatory afforestation activities in the

Public Account (Receipt and Disbursements) of the State Government Budget, by opening a new sub-head under Section J-Reserve Funds, as below, by their order No.F LD-1089/CR-501/F-10, dated 28th December, 1992. {Annexure VIIIE (24)}

J - Reserve Fund B - Reserved Fund not bearing interest 8235 - General and Other Reserve Funds 200 - Other funds - Special Fund for Compensatory Afforestation The Government of Maharashtra vide another order No.FLD/1089/PC501/F-10 dated 22.01.1998, further

clarified the procedure of expenditure under compensatory afforestation activity. [GOM another order No.FLD/1089/CR-501/F-10 dated 22.01.1998] {Annexure VIIIE (25)}

8.22 Compensatory Afforestation Fund / Constitution and Functioning of CAMPA

(i) The constitution of CAMPA, different committees and functioning of CAMPA for the Management of money towards Compensatory Afforestation Fund :-

(a) Constitution of CAMPA:- The Govt. of India, in exercise of the powers conferred by sub-section 3 of section 3 of the Environment Protection Act, 1986 (29 of 1986) and in pursuance of the Hon’ble Supreme Court’s order dated 30.10.2002, in I.A. No. 566 in Writ Petition (Civil) No. 202 of 1995, constituted an Authority called “Compensatory Afforestration Fund Management & Planning Authority (CAMPA)” and laid down the procedure for its governances by its Extraordinary, Notification dated 23.04.2004 for the purpose of management of money towards Compensatory Afforestation, Net Present Value and any other money recoverable in pursuance of the Hon’ble Supreme Court’s order in this regard and in compliance of the conditions stipulated by the Central Govt. while according approval under FCA 1980 for non-forestry uses of forest land.

It created the Governing Body, the Executive body, its powers and role, the State Level Steering Committee and the State Management Committee and its powers and role.

(b) Compensatory Afforestation Fund:- There shall be constituted a fund to be called the Compensatory Afforestation Fund and there shall be credited -

(1) all money received from user agencies towards CA, Addl.CA, NPV, and CAT (2) the unspent funds already realized and any Compensatory Afforestation Funds which have not yet been realized by the States/Union Territories (3) money received for compliance of any other condition (s) stipulated by the Central Govt. while according approval under FCA 1980 (4) money received in pursuance of the orders of the Hon’ble Supreme Court or the Central Govt. or

any other competent authority authorized in this regard by the Central Govt. while according approval under FCA 1980. (5) the funds recoverable from the user agencies in cases where forest land diverted falls within the protected areas i.e. areas notified under sections 18, 26-A or 35 of the Wildlife (Protection) Act, 1972 for undertaking activities related to protection of the Biodiversity and the Wildlife shall be maintained separately.

(c) Utilization of State Campa Fund:- The money received in the State CAMPA shall be kept in interest-bearing account(s) in nationalized

bank(s) and periodically withdrawn for the works as per the Annual Plan Operations (APOs) approved by the Steering Committee.

(1) NPV amount to be used for natural assisted regeneration, forest management, protection, infrastructure development, wildlife and management.

(2) Amount received for committed work, to be used accordingly. (3) Amount received for the Protected Areas to be used exclusively for the PAs.

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(d) Disbursement of Funds:- CAMPA shall release money to the concerned State and Union Territory in predetermined installments

through the State Level Management Committee as per the Annual Plan of Operation (APO) finalized by the concerned State and Union Territory.

[Part II Section 3, sub-section (ii) Order - 23rd April 2004] {Annexure VIIIE (26)} (ii) Clarification regarding utilization of funds received from the user agencies for Compensatory

Afforestation and other works:- The Government of India has clarified that the amount kept in fixed deposit, can be encashed to the extent

required for carrying out the works of C.A./C.A.T. Plan etc. and the rest of the amount may be retained/reinvested in fixed deposit. The State Forest Department may use this amount, till CAMPA becomes operational. However, the funds for NPV shall not be utilized by State / UT Governments. [ GOI F-No. 5-1/98-FC(Pt II) dated 13th April 2006] {Annexure VIIIE (27)}

(iii) Creation of State CAMPA:- The Hon’ble Supreme Court issued direction about the creation of State CAMPA and directed that the

guideline and the structure of the State CAMPA, as prepared by the MOEF may be notified / implemented. The Hon’ble Court directed the release of 10% of the principal amount deposited in Adhoc CAMPA to the

respective state. [Supreme Court’s Judgement dated 10-07-2009] {Annexure VIIIE (28)} The guideline was issued by MOEF for the establishment of state CAMPA to the State Government. It

required the establishment of a Governing Body, a Steering Committee and the Executive Committee. [MOEF, GOI, New Delhi, 15-07-09] {Annexure VIIIE (29)}

(iv) Constitution of the State level committees under State CAMPA:- Government of Maharashtra constituted Steering Committee and Executive Committee under State CAMPA vide its Resolution No. FLD 1009/CR 660/F 10 Revenue and Forest Department Mantralaya, Mumbai – 400 032 Dated – 25/09/2009 and formed Governing Committee vide Government Resolution No. FLD 1009/CR 660/F 10 Revenue and Forest Department Mantralaya, Mumbai – 400 032 Dated – 29 January 2010. {Annexures VIIIE (30), VIIIE (31)}

(v) Deposition of Compensatory Afforestation charges: Need for expediting procedures:- In those proposals where Government of India has allowed diversion in favour of User Agency for non forest use during Stage I compliance, Government of India has stipulated some conditions like Compensatory Afforestation, Additional Compensatory Afforestation, Penal Compensatory Afforestation, CAT, NPV, etc. It is only upon receipt of deposited funds in Ad-hoc (CAMPA) and fulfillment of conditions that the Stage II clearance is accorded. User Agency should be allowed to deposit the funds through RTGS/NEFT mode in State Specific CAMPA Account (for Maharashtra State) mentioned in either of Bank below.

(1) Union Bank of India, Sunder Nagar, New Delhi, 110003 A/C 344902010105 424 (2) Corporation Bank, Lodhi Complex, New Delhi, 110003 A/C SB 01025218 [GOI F-No. 12-2/2010/CAMPA dated 24-06-2011with annexures dated 22-10-2010, 13-05-2011]

{Annexure VIIIE (32)} (vi) Instructions for ensuring the proper deposition and accounting of funds in the State CAMPA accounts maintained by Ad-hoc CAMPA:-

Instructions for ensuring the proper deposition and accounting of funds in the State CAMPA accounts maintained by Ad-hoc CAMPA are issued vide GOI letter No.1-1/2011-CAMPA dated 04-11-2011.

{Annexure VIIIE (33)}

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[F] Dealing with Cases of diversion of forest land for non-forest purposes

8.23 Procedure to deal with Proposals

(i) Separate cell for dealing with diversion of forest land cases to be opened:- Separate cells for dealing with diversion of forest land cases should be opened at the PCCF (HoFF) level

and State Government level. A whole time senior officer not below the rank of Conservator or Forests should head the cell at the Forest Department level, who should be designated as the Nodal Officer.

(GOI Handbook 2004- Ch:4, 4.15) (ii) The post of Nodal Officer to be created: -

The Nodal Officer should receive cases from the Government Departments and entertain all correspondence from them. The Nodal Officer should scrutinize and process the cases and after obtaining views/certificate of the Principal Chief Conservator of Forests should put up the case to State Government. Besides office staff, the Nodal Officer should also be given sufficient field staff, so that the cases are processed at the state level within the stipulated time of two months. The State Government while forwarding cases to the Centre will endorse copies to the Chief Conservator of Forests and the Nodal Officer. The Central Government also while corresponding with State Government will send copies to the Nodal Officer. The Nodal Officer will also obtain all additional information required by the Centre about the cases from the concerned authorities directly and endorsing a copy directly to the Central Government. (GOI Handbook 2004- Ch:4, 4.15)

(iii) Site inspection to give vital information :- The forest authorities must get the area inspected by a responsible officer depending on the sensitivity and

potential value of the forest involved. For instance if the area is very important from the forestry angle, the territorial Chief Conservator / Conservator should inspect the area and give complete information relating to the forest. Scientific names of important timber species should be given while describing composition of the forest crop. If the area is relatively less important, then the Deputy Conservator of Forests should record Part II of the proforma very clearly if they have noticed any anticipatory activities such as trees felling, land breaking, etc. in that area. In any case the recommendations of the Principal Chief Conservator of Forest should be categorical and specific. (GOI Handbook 2004- Ch:4, 4.10(i))

(iv) Opinion of Principal Chief Conservator of Forests in Part IV of the proforma:- It should be specially recorded in Part IV of the proforma. Adverse recommendations of subordinate

officers in the proforma or in the documents attached with the proforma should be invariably commented upon by the Principal Chief Conservator of Forests. {Annexure VIIIF (1)}

(v) The opinion of the State Government is to be recorded in Part V of the proforma. The adverse recommendation from Principal Chief Conservator of Forests must be commented to

substantiate the recommendations so that it may be clear, that a conscious decision has been taken in the case. Similarly the adverse recommendation of the lower officer must be commented, before recommending. The proposals above 100 Ha should be site inspected by the Chief Conservator of Forests (Central), Ministry of Environment & Forests. The report should be in the prescribed format. {Annexure VIIIF (2)}

(vi) The proposals to be disposed of in specific time :- To ensure speedy disposal of proposals under the Act specific time limits have been laid down for

disposal of such references at various levels. Efforts should be made to dispose of a case at the State Government level within a maximum period of 90/60 days as per Forest (Conservation) Rules 2003. Cases, which are complete in all respects shall be disposed of within 60 days by the Central Government. In simple cases, a less time limit should be laid down. Specific instructions may be issued in this regard to officers at all levels. (GOI Handbook 2004- Ch:4, 4.12)

(vii) Two Stage Clearance of Proposals:- Forestry clearance will be given in two stages. In 1st stage, the proposal shall be agreed to in principle in

which usually the conditions relating to transfer, mutation and declaration as RF/PF under the Indian forest Act, 1927 of equivalent non-forest land for compensatory afforestation and funds for raising compensatory afforestation thereof are stipulated and after receipt of compliance report from the State Government in respect of the stipulated conditions, formal approval under the Act shall be issued. (GOI Handbook 2004- Ch:4, 4.2)

(viii) Reopening of closed/rejected cases:- The cases in which the State Government is requested to furnish clarifications or additional information

relating to a proposal, such particulars should be made available to the Government of India within 60 days of asking for the same. If such particulars are not received within a maximum of 90 days, the proposal will be

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rejected for non-furnishing of essential information, such cases may be reopened provided the following conditions are satisfied:-

(a) All the required information has been made available. (b) Delay in providing the information is satisfactorily explained, and (c) There is no change in the proposal in terms of scope, purpose and other important aspects.

In case of the proposals, which have been statutorily rejected by the Government of India, if requires reconsideration, such request must be made within three months from the date of the issue of the rejection letter and with a full justification. (GOI Handbook 2004- Ch:4, 4.14)

(ix) Proposals of Reserved Forest to be meticulously processed: - Proposals for dereservation of reserved forests should be viewed with extreme caution and should be sent

only in exceptional cases. (GOI Handbook 2004- Ch:2, 2.1(vii)) (x) Diversion for construction of houses: to be confined to one hectare only :- Diversion of forest land for construction of other building also will not be normally considered. However

such diversion may be allowed for construction of buildings, schools, hospitals/ dispensaries, community halls, cooperatives, panchayats, tiny rural industrial sheds of the Government etc. which are to be put up for the benefit of the people of that area, but such diversion should be strictly limited to the actually needed area and should not exceed one hectare in each case. (GOI Handbook 2004- Ch:4, 4.5(ii))

(xi) Transfer of Lease requires a sanction from the Government of India :- All transfers of lease from one user agency to another for the same purpose for which the land was diverted,

will require approval of Government of India. (GOI Handbook 2004- Ch:2, 2.8) (xii) Preservation of Beaches for eco-system :- Degradation and misutilisation of beaches in coastal states by building construction and other activity;

should be totally avoided. Proposals for diversion of beaches will not be entertained by the Government of India.

(xiii) The proposal of personal nature to be discouraged: - The Government of India has opined that the proposals of personal nature which benefit only the individual

should not be permitted. [GOI No. – 8B/1/21/92 (FCW) 632 dated 13-4-1992] {Annexure VIIIF (3)} (xiv) Diversion proposal to be examined from Archaeological aspect:-

The Government of India has stated that all proposals of diversion of forest land should be examined from Archaeological angle. [GOI No. 5-5/86-FC dated 9-2-1994] {Annexure VIIIF (4)}

(xv) Power to modify the Working Plan/Management Plan :- The Government of India has stated that where the Regional Office under Ministry of Environment &

Forests, intends to modify the proposal of the State Government, relating to Working Plan, it must make a reference to Government of India at New Delhi before actually doing so.

[GOI No. 6-5/1999-RO (HQ) dated 9th March, 2000] {Annexure VIIIF (5)} (xvi) Diversion of Proposals involving forest area less than five hectare, other than from National Park and

Sanctuary to be submitted directly to the Regional Office: - The Govt. of Maharashtra has clarified that the proposals regarding diversion upto 5 ha. of forest land,

other than from National Park and Sanctuary will be submitted by the Nodal Officer directly to the Chief Conservator of forests (Regional), Ministry of Environment and Forest at Bhopal.

[GOM letter No.FLD/1000/C.N.187/F-10 dated 10.05.2000] {Annexure VIIIF (6)} (xvii) Submission of Proposals to Regional Office / Government of India at New Delhi : -

The Government of India has issued the directions that all proposals up to 40 Ha, shall be sent by the State Government directly to Regional Office and the proposals with forest land, more than 40 Ha. shall be sent to Government of India at New Delhi. [GOI F. No. 5-5/98-FC Dt. 4-2-2004] {Annexure VIIIF (7)}

(xviii) Nodal Officer to submit compliance report, additional information etc. after approved in Principle by the GOI:-

The Government of Maharashtra has communicated to the Government of India, that the Nodal Officer ( F.C.A.-1980) is authorized to submit the compliance of conditions/queries raised by Government of India, while communicating in principle approval to the project under F.C.A.-1980.

[G.O.M. FLD 1000/CR-187/F-10 R & F.D. dated 30th January 2001] {Annexure VIIIF (8)} (xix) Time Period/ Time limit to the principally approved proposal :-

The compliance report of Phase-I principally approved proposal, must be carried out within five years of the Phase-I sanction. The non-submission of the compliance report indicates that the State Government/User

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Agency is no longer interested in the project. In cases where compliance of conditions stipulated in the in-principle approval is awaited for more than five years from the State Governments, the in-principle approvals would summarily be revoked. After revocation of the in-principle approval, if the State Government/User Agency is still interested in the project, they would be required to submit a fresh proposal.

[GOI No.11-30/96-FC(Pt) Dt. 14.9.2001] {Annexure VIIIF (9)} (xx) The final decision regarding the proposal of Government of India with GOI: -

The final decision regarding the proposal of Government of India, will be taken by GOI only. The State Government will be required to send the proposal to GOI, even though it may not be in favour of diversion. The State Government need not send their proposal, if the proposed activity is not allowed on forest land.

[GOI No. 8-C/7/2002 (FCW) dated 18.11.2002] {Annexure VIIIF (10)} (xxi) Compensatory land to be notified as Reserved Forest/Protected Forest :-

The compensatory non-forest land received by the Forest Department in lieu of diversion should be notified either under Section-4 for Reserved Forest or under Section 29 for Protected Forests, under Indian Forest Act 1927, prior to stage II clearance. [ F-No-11-9/98-FC, dated 6th January 2004] {Annexure VIIIF (11)}

(xxii) Notification to be affected within six months of formal approval: - Subsequently modified the above referred order dated 06-01-2004 regarding the prior notification of non-

forest compensatory land under Section-4 or Section 29 of IFA 1927, to notification within such time, so as to enable the Nodal Officer to send the compliance of such notification to the GOI within six months of Stage II clearance. The stage two clearance will be given after mutation. However diverted forest land can be handed over to the Agency.

[GOI F-No-8-84/2002-FC dated 3rd February 2004] {Annexure VIIIF (12)} (xxiii) Regarding Notification of non forest Compensatory Afforestation areas as RF/PF before the final

approval for diversion of forest land:- Immediate action should be taken to notify the non Compensatory Afforestation areas as RF/PF. Any delay

in this regard will not be appreciated by GOI and may result in holding the proposals of the concerned State Government till substantial progress is shown in this regard.

[GOI F-No-7-1/89(FOR)/Vol-VIII/527/02-04-2012] {Annexure VIIIF (13)} (xxiv) Additional Conditions: The Government of India to decide all conditions of the State Government:- The Government of India has stated that State Government while submitting proposal under Forest

(Conservation) Act 1980, will submit the profile with all conditions it intends to impose and it will be examined by the Government of India, seeing its viability and shall impose such conditions as it may deem fit. No additional condition can thereafter be imposed. [GOI F No.11-79/2005-FC dated 27-10-2005] {Annexure VIIIF (14)}

(xxv) Additional conditions, if required later, to be sanctioned by GOI :- The Government of India has clarified that after the proposal has been approved by the Government of

India, any other additional condition, if the State Government decides to impose, it shall be got approved from Government of India. While granting approval to the project, the Government of India shall examine all the conditions imposed by the State Government in the project and will include it, as may deem fit.

[GOI F No. 11-79/2005-FC dated 01-June-2006] {Annexure VIIIF (15)} (xxvi) Private Forests :- The Government of India will accept only the comprehensive proposal regarding the diversion of private

forest land for non-forestry use. [GOI F No-11-25/2007-FC dated 30-8-2007] {Annexure VIIIF (16)} (xxvii) Compliance of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest

Rights) Act 2006 (Opinion of the State Government required for diversion of Forest Land) :- The Government of India has stated that in a specific proposal regarding diversion, the opinion under the

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, should be accompanied with the proposal.

Government of India has issued following guidelines to the State Governments for the compliance of FRA 2006 to the proposals under the FCA 1980.

(a) State Government certifying that complete process for identification of Rights under FRA 2006 has been carried out for the entire forest area proposed for diversion.

(b) State Government certifying that proposal for such diversion have been placed before concerned Gram Sabha. (c) Letter from concerned Gram Sabha indicating that they have given consent or rejection to proposed diversion.

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(d) State Government certifying that diversion of forest land for facilities managed by the State Government as required under Sec 3(2) of FRA 2006 have been completed.

(e) State Government certifying that discussion and decisions on proposals had taken place only when there was a quorum of minimum of 50% of members of the Gram Sabha present.

(f) A letter from the State Government certifying that the rights of Primitive Tribal Groups and Pre-Agricultural Communities, where applicable, have been specifically safeguarded as per section 3(1)(e) of the FRA.

[ GOI F No. 11- 9/1998-FC(pt) dated 03-08-2009] {Annexure VIIIF (17)} (xxviii) Procedure for Consideration of Proposals for grant of Environmental Clearance under EIA Notification

2006 which involve forest land and/or wildlife habitat:-

The proposals for Environmental Clearance will not be linked with the clearances from forestry and wildlife angle even if it involves forest land and/or wildlife habitat as these clearances are independent of each other and would in any case need to be obtained as applicable to such projects before starting any activity at site.

Guidelines regarding the procedure for consideration of Proposals for grant of Environmental Clearances has been issued by GOI vide, letter No.J-11013/ 91/2005-IA II(I) dated 2 December 2009. {Annexure VIIIF (18)}

8.24 Conditions stipulated in forestry clearances by the Government of India

(i) Stipulation of conditions while approving diversion:- While approving a proposal for diversion of forest lands for non-forest purposes, the Government of India

stipulates certain conditions to reduce environmental damage on account of forest loss. An indicative list for few types of proposal is given below.

(a) General Conditions (1) Legal status of forest land to remain unchanged. (2) Compensatory afforestation as per guidelines. (3) Transfer and mutation of non-forest land in favour of Forest Deptt., if applicable. (4) Notification of such land as RF/PF under the Indian Forest Act, 1927. (5) User agency to provide fuel wood preferably alternate fuel to the labourers and the staff working at the site so

as to avoid any damage & pressure on adjacent forest areas. (6) The forest land shall not be used for any purpose other than that specified in the proposal. (7) Demarcation of lease area to be done on the ground at project cost using four feet high reinforced cement

concrete pillars with serial numbers, forward & back bearings and distance from pillar to pillar. (8)Rehabilitation of project affected families, if any. (9) Environmental clearance if required. (b) Standard conditions

(1) Mining Proposals: Phased reclamation of mined area. Safety Zone area, its afforestation and fencing. Afforestation on one and half times degraded forest land in lieu of the area used for safety zone. In case of under ground mines, areas on surface to be fenced and afforested.

(2) Hydel and irrigation proposals: Catchment Area Treatment Plan for medium and major projects. Minimum requirement of forest land for canals. Afforestation along the reservoir & canals. No tree felling between FRL (Full Reservoir Level) and FRL-4 meters. Free water for forestry related projects.

(3) Road proposals : Minimum trees to be felled. Strip plantation on sides and central verge.

(4) Transmission line proposals: Minimum trees to be felled. Plantation of dwarf species (preferably medicinal plants) in right of way under the transmission lines.

(c) Specific conditions These conditions are specific to the nature of the project and are stipulated on case to case basis by the

Central Government/State Government. (GOI Handbook 2004- Ch:5)

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(ii) Stipulation of additional conditions for diversion of large area of forest land for mining and other non forestry purpose:-

The Central Government has decided that all the fresh approvals under FCA 1980, to the proposals seeking diversion of more than 500 ha forest land and the proposals involving displacement of more than 1000 persons irrespective of the forest land being diverted, in each case, will be subjected to the following additional conditions.

(a) Project Authority shall establish and operate Vocational Training Institute for the benefits of the eligible unemployed youth in the project affected villages.

(b) Project Authority shall set up an independent Social Welfare Department/Division to take corrective measures as are necessary to restore project affected people to their original or better than original condition.

[GOI letter F.No.11-9/1998-FC dated 4 January 2011] {Annexure VIIIF (19)} (iii) Stipulation of conditions for construction of school buildings on forest land for “minimum” area norm in

hilly areas:- (a) A certificate from the district Magistrate that non-forest land is not available for the school building/other

building construction in the area. (b) Reserve forest land with density more than 0.4 shall not be allowed. (c) Felling more than 75 trees per hectare shall not be considered in any kind of forest (d) Besides Compensatory Afforestation as per guidelines, the concerned authority should ensure plantation in

vacant areas, wherever available, within the school premises. [GOI letter F.No. 5-3/2007-FC dated 10 January, 2011] {Annexure VIIIF (20)}

[ G ] Judgments 8.25 Supreme Court Judgments

(i) State of Tamil Nadu -Vs- M/s. Hind Stone etc. (Civil Appeal no. 2602-2604 of 1980, dated 5-2-1981) The Supreme Court held that the monopoly trade by the State in the minor minerals by empowering itself is

not unconstitutional.

(ii) State of Bihar -Versus- Banshi Ram Modi and Others (Civil Appeal No. 2479 of 1984, dated May 7, 1985) The Supreme Court held that if the permission has been accorded before coming into force of the Act and

the forest land has been broken up or cleared, then this section cannot apply. The Act also will not apply for mining in already broken area before the enactment of FCA 1980, and it does not prohibit the State Government, for permitting lease for winning any other new minerals from that broken up area, even after the enactment of FCA 1980. No fresh area can be broken up within the leased area, after 25-10-1980.

(iii) Ambica Quarry Works –Vs- The state of Gujrat and Others (Civil Appeal No. 4250, dated Dec 11, 1986) The Supreme Court has held that after the enactment of Forest (Conservation) Act 1980, despite any

mandatory provision under any Mining Act of the State Government, the renewal of lease will require an approval from the Central Government under Forest (Conservation) Act 1980 and the refusal to renew the lease, without the approval of GOI, is valid.

The Supreme Court further stated that if the State government is of the opinion that it is not a case, where it should seek approval of the Central Government, it cannot apparently seek such approval in a matter in respect of which it had come to the conclusion that no renewal should be granted.

(iv) Rural litigation and Entitlement Kendra –Vs- State of U.P. and Others : (Civil Petition No. 8209 and 8321 of 1983 dated 30-8-88)

The environmental law will get the precedence over the general laws as the former affects the people at large.

Supreme Court Judgment in relation to matter related to T. N. Godavaraman Thirumulkpad -Versus- Union of India and Others in Writ Petition No. 202 of 1995 with 171 of 1996 dt. 12-12-1996.

Appendix VIII (i) The Central Empowered Committee (CEC) has been created by Notification No. 1-1/CEC/2002-2003,

dated 14.06.2002, under the authority of Hon’ble Supreme Court of India in the matter related to writ petition No. 202/95 and 171/96. The notification lays down a detail procedure about the functioning of Central Empowered Commission (CEC No.1-1/CEC/2002-2003, dated 14.06.2002).

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(v) Virendra Gaur and others -Vs-State of Harayana and Others (Civil Appeal no. 9151 of 1994, dated Nov. 24, 1994)

The Supreme Court has held that the Government is obliged to maintain and protect the environment both man made as well as natural.

(vi) Divisional Forest officer and Others –Vs- S. Nageshwara (Civil Appeal No.11902, dated August 23, 1996) The Supreme Court held that the renewal must be in accordance with the law and cannot be claimed as a

matter of right. The Hon’ble Court further held that it is against the law to remove the excavated/dumped material from the mining site, after the end of lease. No material can be removed from the site unless lease is sanctioned under Section 2 of the FCA 1980.

(vii) SC Judgment dated 12.12.1996 (Writ Petition 202/95 and 171/1996) Felling of the trees in the forest should be according to its approved Working Plan under section 2 of Forest

Conservation Act, 1980.

(viii) Mc Mehta -Vs- Kamal Nath and Others (Writ Petition No. 182 of 1996 dated Dec 13, 1996). The Supreme Court expanded the concept of Public Trust Doctrine to natural resource such as rivers,

forests, seashores, air etc. for the purpose of protecting ecosystem and the State as a Trustee is under a legal duty to protect the natural resources. These resources meant for public use cannot be converted into private ownership. The public property should be utilized for the public purpose.

(ix) SC Judgment dated 04.03.1997 (Writ Petition No. 202/95 and 171/96) The Hon’ble Supreme Court clarified that the order dated 12-12-1996, does not apply to minor forest produce and bamboos.

(x) SC Judgment dated 04.03.1997 (Writ Petition No. 202/95 and 171/96) The Supreme Court has decided in Mining matters as below:

(a) The State Government shall forward all complete pending applications within a period of 2 weeks from today to the Central Government.

(b) Application received (or completed) hereafter would be forwarded within two weeks of their being so made. (c) The Central Government shall dispose of all such applications within 6 weeks of their being received.

(xi) SC Judgment dated 20.10.2002 (Writ Petition No. 202/95 and 171/96)

The Supreme Court has observed that “In absence of any inconsistency between the domestic law and the international convention, the rule of judicial

constriction is that regard must be had to international conservation and norms even in construing the domestic laws.”

(xii) Supreme Court Orders : (Writ Petition 200/95 and 171/96, dated 20th Oct, 2002) Supreme Court order in I.A. No. 566, in respect of Compensatory Afforestation – Writ Petition No.

202/1995 dated 30/10/2002.

(a) The Union of India to frame a comprehensive rules for constitution of Compensatory Afforestation Fund in consultation with C.E.C.

(b) C.A. funds realized or yet to be realized to be transferred to CAMPA. (c) NPV to be recovered at a varying rate from Rs. 5.80 lakh to Rs. 9.20 lakh per Ha. (d) The Compensatory Afforestation Fund to be created which will receive all funds received from the user

agency, as a part of stipulated conditions by the Government of India. (e) Funds realized from the user agency, for diversion of land from the Protected Area, will also be deposited in

the Fund, but will exclusively be used for the protection, conservation etc. of the Protected Areas. (f) Unspent amount of compensatory afforestation with the State shall be transferred to the Fund. (g) Both natural and artificial regeneration methods will be adopted for rejuvenating the forest. (h) The large public sector undertaking will establish its own Special Purpose Vehicle for raising compensatory

afforestation. (i) Indigenous species to be planted. (j) An independent monitoring and evaluation method shall be evolved. (k) No approval to be granted without N.P.V.

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8.26 High Court Judgments under Forest (Conservation) Act 1980 (i) The Hon’ble High Court held that the certificate issued under Section 6 or 22A of the Maharashtra Private

Forest (Acquisition) Act 1975, is subjected to prior approval from Central Government under Section 2 of Forest (Conservation) Act, 1980. (The Judgment of the High Court, Bombay - W.P. No. 2980 of 2001 dt 10-10-2001) Appendix VIII (v)

(ii) As per the Hon’ble High Court’s directives dt. 27/01/2010 in Notice of Motion in PIL 87/2006, no non forest activities should be permitted by the respondent State in these mangrove areas throughout the State of Maharashtra which shall be subject to section 2 of the Forest (Conservation) Act, 1980 and Environment Protection Act and Rules, without taking permission from the competent authority. Appendix VIII (vi)

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∗

Information related to Wildlife Section Part IX

9.01 The salient provisions of the Wildlife (Protection) Act, 1972 along with the action taken on these provisions by the State Government

(i) Appointment of Wild Life Wardens: Section 4 of the act deals with appointment of Chief Wildlife Warden and other officers – Sub-section (1) empowers the State Government for the purposes of this Act, to appoint –(a) a Chief

Wildlife Warden (b) Wildlife Wardens (bb) Honorary Wildlife Wardens. As per the above provisions State Government vide Notification Dated 5th May 1977 appointed various

officers of Forest Department and Forest Development Corporation of Maharashtra as Additional Chief Wildlife Warden, Deputy Chief Wildlife Warden, Wildlife Warden and Assistant Wildlife Wardens. The said notification is kept as {Annexure IX (1)}.

As some of the posts of Conservator of Forests are upgraded to Chief Conservator of Forests, hence accordingly State Govt. vide its letter No. WLP-1003/C.R.89/F-1 dated 19th March 2004 declared that the Chief Conservator of Forests (Territorial) Amravati, Aurangabad, Nagpur, Nashik and Thane and Chief Conservator of Forests (Wildlife) Mumbai and Nagpur are to be considered as Additional Chief Wildlife Warden under Part (a) of the Order No. WLP-1077/86854/FL dated 5th May 1977. {Annexures IX (2), IX (1)}

Section 4(bb) of Wildlife Protection Act-1972 also empowers State Govt. to appoint Honorary Wildlife Wardens in the State. Guidelines of GOVT OF INDIA for appointment of Hon. Wild Life Wardens are appended as Appendix IX (i).

(ii) Delegation of Powers: As per section 5(2), Chief Wildlife Warden may, with the previous approval of the State Government by

order in writing, delegate all or any of his powers and duties under this Act, except those under Cl.(a) of sub-section (1) of Sec.11, to any officer subordinate to him subject to such conditions, if any, be specified in the order. Any person who has been conferred powers by way of delegation subject to, any general or special direction given or conditions imposed by the Chief Wildlife Warden, may exercise those powers in the same manner and to same effect as if they had been conferred on that person directly by this act. This fact is reiterated in sub-section (3) of section 5.

Accordingly, Chief Wildlife Warden, Maharashtra, has delegated powers under sections 11,17,31,34,39,40,41,43,44,45,47,49,50,54,55 to Additional Chief Wildlife Warden, Deputy Chief Wildlife Warden, Wildlife Warden, and Assistant Wildlife Wardens with previous sanction of State Government vide Gazette notification dated 23 September 1993. {Annexure IX (3)}

In exercise of the powers under above section Chief Wild Life Warden, Maharashtra delegated the power of issuing licence for Japanese quail (Coturnix coturnix japonica) hatcheries to the officers of the Department of Animal Husbandry and Dairy, Ministry of Agriculture, Government of India not below the rank of Assistant Livestock Officer working in the State of Maharashtra and to the officers not below the rank of Livestock Development Officer, Animal Husbandry Department, Govt. of Maharashtra vide order dated 09-02-2004. {Annexure IX (4)}

In exercise of the powers under section 4(1)(c), the Maharashtra State Government declared the officers of the Department of Animal Husbandry and Dairy, Ministry of Agriculture, Government of India not below the rank of Assistant Livestock Officer working in the State of Maharashtra and the officers not below the rank of Livestock Development Officer, Animal Husbandry Department, Govt. of Maharashtra as officers appointed for the purpose of the said act and had accorded prior approval for delegating the powers of issuing licenses for Japanese quail (Coturnix coturnix japonica) hatcheries to them under the said Act vide notification dated 27-11-2008. {Annexure IX (5)}

Govt. of India, Ministry of Environment & Forests, (Wildlife Division), Joint Director (WL) vide letter F-No.3-3/2011/WL–I dated 6th July/2012 instructed not to allow expansion or augmentation of farming of Japanese Quail. Existing farming facility should not be denied renewal of licenses. {Annexure IX (6)}

∗ Author PCCF (Wilflife)

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(iii) National Board for Wild Life: Section 5A deals with the constitution of National Board for Wildlife. This section empowers the Central Government to constitute a National Board for Wildlife and provides for its

structure and Chairperson. (iv) State Board for Wild Life:

(a) Section 6 deals with the constitution of State Board for Wildlife: - This section empowers the State Government to constitute a State Board for Wildlife with the Hon. Chief Minister of the State as its Chairperson, Minister in charge of Forests as its Vice Chairperson and Chief Wildlife Warden as Member-Secretary along with other members.

The T.A. and D.A. of the non-government members will be regulated as per annexure 42(a) of Mumbai Civil Services Rule (Part II) and Finance department’s Govt. Resolution Travel-1098/C.R.74/98-Seva-5 dt.4.12.1999, same file Dated 7.12.1999 and TRA-1470/131/18 dt.27.1.71. Non-government members are not allowed to travel by 1st Class A/C and also not allowed to use private vehicle

(b) Section 7 of the act provides that the Board shall meet at least twice a year at such place as the State Government may direct; and regulate its own procedure (including the quorum). Further the section- 7 states that no act or proceeding of the Board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the Board affecting the merits of the case.

(c) Section 8 of the act enumerates the duties of the State Board for Wildlife which includes to advice to the State Government, for the selection and management of areas to be declared as Protected Areas and their administration. The board has also been empowered to formulate the policy of protection and conservation of Wildlife and specified plants including measures to be taken for harmonizing the needs of the tribals and other dwellers of the forest. It will also advice in any matter relating to amendment of any schedule and in matter that may be referred to it by the State Government.

(v) Prohibition of Hunting: Section 9 deals with the prohibition of hunting. No person shall hunt any wild animal in schedule I, II, III, and

IV except as provided in section 11 and 12. (vi) Permission for Hunting in certain Cases:

(a) Section 11 empowers Chief Wildlife Warden or authorized officers for issuing permit for hunting of Schedule animals. Chief Wildlife Warden is empowered to issue permit for hunting of Schedule I animal provided it has become dangerous to human life or is so disabled or diseased as to be beyond recovery, by order in writing and stating reasons therefor. No wild animal shall be ordered to be killed unless such animal can not be captured, tranquilized or translocated vide sub-section 1 (a) of 11.

(b) Vide notification dated 23rd September 1993 under sub-section 1(b) of section 11 the Additional Chief Wildlife Warden and Deputy Chief Wildlife Warden are authorized to grant permission to hunt wild animal other than Schedule I animal if it has become dangerous for human life or to property. {Annexure IX (3)}

(c) In case of Wild boar and Blue bull, if they become dangerous to human life or to agriculture crop the Govt. of Maharashtra vide letter dated WLP-1094/CR 115/F-1 dated 15th June 2004 has issued a guideline by which Assistant Wildlife Wardens i.e. Range Forest Officers will issue the permission for hunting of the same to the applicant provided the carcass of the wild animal is disposed off as per prevalent procedure. Appendix IX (ii)

(d) Identity cards to be issued to Sarpa-Mitra- Section 11 (1)(b) of Wildlife (Protection)Act-1972 empowers Chief Wildlife Warden or the authorized officer to issue such permissions to rescue snakes in residential area and save the people by avoiding conflict.

The Chief Wildlife Warden, vide letter dated 24-11-2008, has prescribed a format for issuing identity cards to the Sarpa-Mitra in the State, under section 11(b) of Wildlife (Protection) Act for rescue of snake. {Annexure IX (7)}

(vii) Declaration of Sanctuary State Govt. has powers to declare a Sanctuary as per procedure provided in Sec. 18 to 26 A of the Wildlife

(Protection) Act-1972 & Central Government has also powers to declare Sanctuary under Sec.38(1) when land is in control of Central Government.

List of Sanctuaries in Maharashtra - {Annexure IX (8)}

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(viii) Permit:- (a) Grant of permit for special purpose (under section 12)

Chief Wildlife Warden is empowered to grant a permit, by an order in writing stating the reasons therefor, to any person, on payment of such fee as may be prescribed, which shall entitle the holder of such permit to hunt subject to such conditions as may be specified therein, any wild animal specified in such permit, for the purpose of :- (a) Education- (b) Scientific research (bb) Scientific management.

Explanation - for the purpose of clause (bb), the expression “Scientific management” means - (i) Translocation of any wild animal to an alternative suitable habitat or (ii) Population management of wildlife without killing or poisoning or destroying any wild animal.

(c) Collection of specimens- (i) For recognized zoos subject to permission under section 38 I or (ii) For museums and similar institutions.

(d) Derivation, collection or preparation of snake venom for the manufacture of life-saving drugs Provided that no such permission shall be granted:-

In respect of any wild animal specified in Schedule I, except with the previous permission of the Central Government, and

In respect of any other wild animal, except with the previous permission of the State Government. (b) Grant of permit for special purposes (under section -17B):-

The Chief Wildlife Warden may, with the previous permission of the State Government, grant to any person a permit to pick, uproot, acquire or collect from a forest land or the area specified under section-17A or transport, subject to such conditions as may be specified therein, any specified plant for the purpose of – (a) education; (b) scientific research; (c) collection, preservation and display in a herbarium of any scientific institution; or (d) propagation by a person or an institution approved by the Central Government in this regard.

(c) Permit for undertaking Activities Like Research etc in PA’s (Under Section 28) : As per provisions of the section 28, permits can be issued by the Chief Wildlife Warden on such conditions

and on payment of fees as may be prescribed for various purposes which include investigation or study of Wildlife, photography, scientific research, tourism or transaction of lawful businesses with person residing in the sanctuary. In this context Govt. of Maharashtra issued G.R. dated 17-6-2011 and 23-1-2012 - for the fees to be collected as an entry fee, vehicle fee, Mini train fee, Boating fee, Tiger Safari and Lion Safari fee, photography and film shooting fee. {Appendices IX (iii), IX (iv)}

(ix) Guidelines for Research in PA’s: The State Govt. vide letter dated 8th August 2007 has issued guidelines for research to be carried out in the

Protected Areas under section 28(c), which are annexed as Annexure IX (9). (x) Activities Prohibited & Permitted by The Hon’ble Supreme Court: As mentioned in the section 29 and section 35, No person shall destroy, exploit or remove any wild life

including forest produce from a sanctuary /national park or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary /national park except under and in accordance with permit granted by Chief Wildlife Warden after the State Govt. has consulted State Wildlife Board and satisfied itself that such action is necessary for improvement and better management of wildlife therein and authorizes the issue of such permit. In this context, Hon. Supreme Court has issued orders dated 14-2-2000, 13-11-2000 and dated 25-11-2005 giving directives on activities to be prohibited/ carried out in the Protected Area which are annexed as Annexures IX (10), IX (11), IX (12).

(xi) Immunization of Live-Stock: The Chief Wildlife Warden under section 33A has issued instructions for immunization of livestock vide

letter dated 14th November 2006 and dated 23rd January 2007 to field officers. {Annexures IX (13), IX (14)}

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(xii) Constitution of Advisory Committee in each PA: The Advisory Committee for each sanctuary to be constituted under section 33B should include Chief Wild

Life Warden or his nominee as its head, a member of State legislature, three representatives of Panchayat Raj Institutions, two representatives of non-governmental organizations along with three individuals active in the field of wildlife conservation, one representative each from departments dealing with Home & Veterinary matters, Honorary Wildlife Warden if any, and the Officer- in –charge of the Sanctuary as Member Secretary.

(xiii) Concurrence of Chief Wild Life Warden for Licence under Arms Act: As per provisions mentioned in sub-section 3 of section 34, concurrence of the Chief Wildlife Warden is

pre-requisite for issue of new licence under Arms Act 1959 within the radius of 10 kilometers of sanctuary. Accordingly cases for issue of NOC to arms licences are received from the field officers and on the recommendation of the case, NOC is being issued by Chief Wildlife Warden.

(xiv) Instruction on Ban on Use of Plastic inside the PAs: Government of Maharashtra, vide its resolution no. WLP-10.07/C.R. 27/F-1 dated 5th February, 2007

banned use of plastic inside the forest area. Accordingly necessary notice boards are displayed at prominent places particularly at entry points of the Protected Areas. Persons violating the instructions are dealt under sections 32 and 35(8) of Wildlife (Protection) Act 1972. {Annexure IX (15)}

The State Govt., vide Circular dated 13 January, 2009 has banned use of plastic inside forests, ecotourism centers, water holes and wildlife habitats. {Annexure IX (16)}

(xv) Authority of Eviction from the PA: Officers not below the rank of Assistant Conservator of Forests have been authorized under section 34A to

evict any person from a Sanctuary or National park, who unauthorizedly occupies Government land in contravention of the provisions of this act.

(xvi) Declaration of National Park State Govt. has powers to declare a National Park as per procedure provided in Sec. 35 of the Wildlife

(Protection) Act-1972 and in some special circumstances Central Government has also powers to declare National Park under Sec.38(2) when land is in control of Central Government.

(Annexure –List of National Parks in Maharashtra) {Annexure IX (17)} (xvii) Conservation Reserve:

The State Govt. has powers to declare Conservation Reserve under section 36A. An area of 349.277 hectares in Dindori Forest Range of East Nashik Forest Division has been declared as a “Bhorkada (Borgad) Conservation Reserve” which has a distinction of first conservation reserve in Maharashtra vide notification dated 5th March 2008. {Annexure IX (18)}

(xviii) Recognition of Zoo Rules: Under section 38A to 38J provisions for Central Zoo Authority and conditions for recognition of zoos are

mentioned. In this Central Govt. has formulated Recognition of Zoo rule 1992, the copy of which is annexed at Annexure IX (19).

(xix) State Steering Committee for Wild Life As per section 38U the State Govt. may constitute a Steering Committee under the chairmanship of the Chief

Minister and the Minister in charge of Wildlife as Vice Chairperson for ensuring co-ordination, monitoring, protection and conservation of tiger, co-predators and prey animals within the State.

(xx) Tiger Reserves:- (a) Declaration of Tiger Reserves –

Section 38V(1) :- State Government shall, on the recommendation of NTCA, notify an area as a Tiger Reserve. (b) Declaration of Critical Tiger Habitats in Tiger Reserves:

State Govt. has declared following areas as “Critical Tiger Habitats” under section 38(V)

Sr. Name of Tiger Reserve Notification Dated

Area in Sq.Kms.

1. Tadoba Andhari Tiger Reserve. 27.12.2007 625.82 2. Pench Tiger Reserve. 27.12.2007 257.26 3. Melghat Tiger Reserve. 27.12.2007 1500.49 4. Sahyadri Tiger Reserve. 21.08.2012 600.12

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(c) Declaration of buffer area of Tiger Reserve Section 38V(4) (ii) :- Government of Maharashra has declared following areas as buffer areas of tiger reserves

(xxi) Guidelines of Govt. of India for Critical Wild Life Habitats in PAs: Guidelines have been issued by the MoEF Govt. of India for identification of Critical Wildlife Habitats as

envisaged in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 vide their letter dated 04/05/2011. {Annexure IX (20)}

(xxii) Expert Committee for Determining Critical Wild Life Habitats: Govt. of Maharashtra G.R. dated 11/10/2011, in accordance with the MoEF draft guidelines of 04/05/2011

has directed to form an Expert Committee for each Protected Area to determine the Critical Wildlife Habitat. {Annexure IX (21)}

(xxiii) Guidelines of Govt. of India for Centrally Sponsored Schemes of Project Tigers: Revised guidelines have been issued by Govt. of India vide its letter dated 21/2/2008 for preparation of

Annual Plan of operations i.e. Tiger Conservation Plan for tiger reserve areas in the State. These guidelines are annexed at Annexure IX (22).

(xxiv) Tiger Conservation Foundation: Tiger Conservation Foundations are constituted as per Mumbai Public Trust Act-1950. Section 38X of

Wildlife (Protection) Act-1972 empowers State Govt. for establishment of Tiger Conservation Foundation for Tiger Reserves with in the state. This foundation is particularly aimed at taking management decision at local level to facilitate ecological, economic, social and cultural development by promoting eco-tourism and providing support to safeguard the natural environment in the tiger reserves by taking technical, financial, social, legal and other support and for augmentation and mobilization of Financial Resources. Central Govt. vide its notification dated 22nd June, 2007 issued guidelines for Tiger Conservation Foundation under the said section. The State Govt. has approved establishment of Tiger Conservation Foundation for each of the Tiger reserves namely Melghat Tiger reserve, Tadoba-Andhari Tiger reserve and Pench Tiger reserve & Sahyadri Tiger conservation Foundation vide resolution No. WLP 10-08/CR-19/F-1, Dated 21/08/2008 & WLP 10.11/CR-260/F-1 Dt. 08/11/2011. Under the provision of Bombay Public Trust Act-1950, Tiger Conservation Foundations in the states are registered in the Office of respective Charity Commissioners. The registration nos of Tadoba-Andhari Tiger Conservation Foundation, Chandrapur, Pench Tiger Reserve Tiger Conservation Foundation, Nagpur, Melghat Tiger Reserve Tiger Conservation Foundation, Amravati & Sahyadri Tiger Reserve Conservation Foundation, Kolhapur are E-287(C) dated 25/11/2008, E-2208(N) dated 15/12/2008, E-548(A) dated 10/02/2009 & E-2643(K) dated 04.05.2012 respectively. Functioning of Tiger Conservation Foundation shall be governed by operational manual approved by Governing body of the Tiger Conservation Foundation in its meeting held on November/2011. {Annexures IX (23), IX (24) & IX (25)}

(xxv) Creation of Special Crime Control Bureau for detecting crimes related to the Wild Life: Section 38Y empowers Central Govt. for Constitution of Tiger and other Endangered Species Special

Crime Control Bureau. Accordingly Central Govt. has constituted Special Crime Control Bureau vide order dated July 11, 2007. The functions of the Bureau are as follows –

(a) To collect and collate intelligence related to wildlife crime (b) Coordination of action by various officers of State Govt. and other authorities (c) Implementations of obligation under the various international conventions (d) To provide assistance to concerned authorities in foreign countries and international organizations (e) To develop infrastructure and capacity building for scientific and professional investigation into wildlife crimes (f) To advise the Government of India on issues relating to wildlife crimes {Annexure IX (26)}

Sr.No. Name of Tiger Reserve Notification No. Area in sq.km. 1. Tadoba Andhari Tiger Reserve. WLP 009/CR.No.229/F-1 dated 5-5-2010 1101.77 2. Pench Tiger Reserve. WLP-10-10/CR-108/F-1 dated 29/9/2010 483.96 3. Melghat Tiger Reserve. WLP-10-10/CR-139/F-1 dt. 29/9/2010 1268.03 4. Sahyadri Tiger Reserve. WLP-2012/CR240/F-1 dt.21.08.2012 565.45

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(xxvi) Establishment of Tiger Cells in the State The State Govt. has established Tiger Cells at State level, Revenue Division level and District level under

the Chairmanship of Director General of Police, Maharashtra, Special Inspector General and Superintendent of Police at respective levels. Government Resolutions dated 7-11-2000,30-3-2007 and 01-08-2003 are attached at {Annexures IX (27), IX (28), IX (29)}

(xxvii) Wild Animals / Trophies etc are Govt. Properties As per Section 39, every wild animal other than vermin, animal article,

trophy, or uncured trophy or meat derived from any wild animal, ivory imported into India and article made from ivory in respect of which any offence against this act or any rule or order made there under have been committed shall be a Govt. property.

(xxviii) Prohibition on Keeping Captive Animal/Trophy: As per the provisions of section 40 after the commencement of the Wild Life (Protection) Amendment Act,

2002, no person other than a person having certificate of ownership, acquire, receive, keep in his control, custody or possession any captive animal, animal article, trophy or uncured trophy specified in Sch. I or Part II of Sch. II except by way of inheritance.

(xxix) Declaration of Wild Life Stock Rules: Central Govt. vide notification dated 18th April 2003 formed rules under Section 40A, naming them as,

Declaration of Wild Life Stock Rules,2003. By these rules an opportunity has been given to the individuals who are in legitimate possession of Wild animal, animal article, trophy or uncured trophy to apply for its ownership certificate from the Chief Wildlife Warden or authorized officer. {Annexure IX (30)}

(xxx) Delegation of Powers for Issuing Certificates of Ownership: Chief Wild Life Warden, Maharashtra State vide section 5(2) of the Wild Life (P) Act authorized Chief

Conservator of Forests (Territorial) , Conservator of Forests (Territorial) and Chief Conservator of Forests (Wildlife) Mumbai to issue ownership certificates under section 42 of the said act by order no. Desk 23(3)/2080/2006-07 Dated 13th November 2006. {Annexure IX (31)}

(xxxi) Guidelines of Govt. of India for Translocation of Elephants Section 43 of the act regulates the transfer or transport of captive animal, animal article, trophy or uncured

trophy by a person (having ownership certificate). In this context Central Director, Project Elephant, Govt. of India has issued guidelines vide its no. 9-5/2003-PE dated 8.1.08 with regard to transfer, transport, keeping and maintenance of Elephants by the owners. These are annexed at Annexure IX (32)

(xxxii) Provisions Related to Dealership Licences in Wild Life (Protection) Act to compound offences. (S-44 To 48) :-

(a) Section 44 provides for dealing in trophy, animal articles and captive animals with licence only. (b) Section 45 empowers suspension or cancellation of licence after giving reasonable opportunity to the holder of

the licence. (c) Section 46 provides for appeal against the order as per section 45. (d) Section 47 enumerates the list of records to be maintained while section 48 deals with purchase of animal etc.

by the licensee. Restrictions are imposed on transportation of wildlife vide section 48A. (xxxiii) Delegation of Powers under S-50 of Wild Life Protection Act:

State Govt. vide notification dated 23rd February 2004 authorized vide sub-section (8) of Section 50 of Wild Life (Protection) Act 1972, all Additional Chief Wild Life Wardens, Deputy Chief Wild Life Wardens and Wild Life Wardens to exercise powers as envisaged under item no (a) to (d) of the said sub-section (8) for purpose of making investigation into any offence against any provisions of this act. {Annexure IX (33)}

(xxxiv) Chief Wildlife Warden & Others to Exercise Powers under S-54 of the Act. Central Govt. vide Notification dated 18th April 2003, declared Chief Wild Life Warden and all officers not

below the rank of the Deputy Conservator of Forests to exercise the powers in terms of Section 54 of the Wildlife (Protection) Act 1972. {Annexure IX (34)}

(xxxv) Hon. Wildlife Wardens to file Complaint U/ S-55 of The Act: State Govt. vide its notification dated 26th September 2001 authorized Hon. Wild Life Wardens to file

complaints under section 55 of the Wild Life (Protection) Act 1972. Also any person who has given notice of not less than sixty days in the manner prescribed of the alleged offence can give notice of his intention to make a complaint. {Annexure IX (35)}

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(xxxvi) Authorization of C.C.F.’s (Territorial) for Forfeiture of Property Section 58D provides for State Govt. to authorize any officer not below the rank of Chief Conservator of

Forests to perform the function of competent authority under Chapter VIA i.e. “Forfeiture of property derived from illegal hunting and trade”. Accordingly, State Government vide notification dated 23rd February, 2004 authorized Chief Conservator of Forests (Territorial) Nagpur, Amravati, Aurangabad, Pune, Nashik, and Thane for the Districts shown against them. {Annexure IX (36)}

(xxxvii) Authorization of Chief Wild Life Warden for Payment of Rewards: Vide Notification Dated 23 February, 2004, State Government empowered Chief Wildlife Warden under

section 60B to order payment of reward not exceeding Ten Thousand Rupees to a person who renders assistance in the detection of offence or apprehension of the offender. {Annexure IX (37)}

(xxxviii) Revision of Certificate of Ownership State Govt. vide notification dated 1st April 2004 issued amendments to Wild Life (Protection) Rules 1975. As

per the amendment the proforma for Certificate of Ownership is revised and annexed as Form no. XX-A. as against old certification which was in Form no. XX. {Annexure IX (38)}

9.02 Misc. Standing Orders, Guidelines, Eco-Tourism Policy and Management Plans etc.

(i) Provision of payment of compensation / Financial Assistance for cattle kill, human injury or death or crop damage in the state:

Compensation is paid for damages to the Human life or injury, cattle and Crop damages by wildlife vide Government Resolution No.WLP-10.08/C.No.270/F-1 dated 02/07/2010. Appendix IX (v)

(ii) Standing Order for Protection of Wild Life outside Protected Areas: Standing Order No. 1: The Standing order No.001 is issued by the Principal Chief Conservator of Forests for

the protection of Wildlife outside the protected areas. This order mainly deals with duties of Forest Guard, Forester , Range Forest Officer and Assistant Conservator of Forests with respect to Wildlife protection and conservation. It deals in detail on man-animal conflict, Wildlife offence cases, Illegal trade, movement of wildlife etc. The copy is attached at Annexure IX (39) - Booklet

(iii) Guide lines of Govt. of Maharashtra for Disposal of Wild Life Articles: Disposal of seized Wildlife skins and articles:- Government of Maharashtra vide its resolution no. PAC-

1094/C.R.305/F-1 dated 18th July 1995 and 5th August, 1995 issued instructions for disposal of seized Wildlife skins and articles after completion of the trial in the court of law. {Annexures IX (40), IX (41)}

(iv) Guide lines of NTCA for Declaring Big Cats as Man-eaters: Member Secretary of National Tiger Conservation Authority has issued guidelines and additional guidelines

vide its letter dated 8th December 2007. Preventive measures and Control measures are mentioned in these guidelines. {Annexure IX (42)}

(v) Wildlife Conservation Strategy 2002 Central Govt. has issued conservation strategy for wildlife in the year 2002 and it is at Appendix IX (vi).

(vi) Forms for Proposal of Non-Forestry Works in Protected Areas Government/Private agencies other than Forest Department need to do works such as irrigation projects,

Pipeline projects, Transmission lines, construction works etc. in which land under Protected Area is required. As per Hon. Supreme Court order dated 14-2-2000 permission of National Board for Wild Life and Hon. Supreme Court is necessary. Guidance document has been issued by MoEF on 15/03/2011. For this purpose a proposal needs to be submitted to the Central Govt. in prescribed forms I, II, III, IV and V. Appendix VIII (iii)

(vii) Guideline relating to Avian Influenza issued from time to time by the Ministry of Environment and Forests.

As the bird flu problem is serious threat to the avian fauna, preventive action is required to safeguard it, accordingly Ministry of Environment and Forests GOI has issued from time to time guidelines relating to Avian Influenza which are annexed at Appendix IX (vii).

(viii) Eco-Tourism Policy Government of Maharashtra has formulated the eco-tourism policy for development of tourism in the State

in the vicinity of the Protected Areas vide its Resolution no. WLP 1002/C.R.53/F-1 dated 20th February 2008. This has been further explained vide G.R. of Govt. of Maharashtra dated 24.10.2011.

Appendices IX (viii), IX (ix)

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(ix) Management Plans There are 48 Protected Areas (41 Wildlife Sanctuaries+6 National Parks+1 Conservation Reserve) in the

State, wherein various developments’ works as per the prescriptions of management plans needs to be carried out.

The revised guidelines for preparation of Management Plans are given as Annexure IX (43). In case of Tiger Reserves, the Tiger Conservation Plan (S-38V of the Wildlife (Protection) Act-1972) has to be prepared and got approval from NTCA (Section 38 (O))

The guidelines of NTCA for Tiger Conservation Plan are available on the NTCA website. State Govt. vide resolutions dated 26th March 1999 and 19th April 2003 formed a committee for sanction of

the management plans. {Annexure IX (44), IX (45)}

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Maharashtra Forest Produce (Regulation) of Trade Act, 1969 (Maharashtra Act No. LVII of 1969) (Modified upto 8th Sept. 1983)

Part X Non-Timber Forest Produce (excluding bamboo and grass)

10.01 Tendu and Apta leaves:-

{Annexure X (1)} The Government of Maharashtra is vested with monopoly in the trade of Tendu and Apta leaves which are not minor forest produce under this Act. Tendu and Apta units have been constitituted for administrative convenience for collection and disposal of the said forest produce. Tendu and Apta units are sold to contractors to collect and remove tendu leaves by floating tenders as per the policy of the Government. Accordingly tendu leaves and apta leaves are collected by labourers, who are paid collection charges by the contractors, at the minimum rates fixed by the Government. The proceeds received through the sale of tendu leaves do not go to the State Exchequer since the 2006 tendu season, as the Government of Maharashtra decided to pay incentive wages to the persons who collect tendu leaves, out of its proceeds after deducting expenses, vide Government Resolution dated 28th February 2006 and 1st November 2007. {Annexures X (2), X (3)}

Maharashtra Minor Forest Produce (Regulation of Trade in Tendu Leaves) Rules 1969 and Maharashtra Forest Produce (Regulation of Trade in Apta Leaves) Rules 1971 were framed by the Government of Maharashtra for implementation of the provisions of the above Act. {Annexures X (4), X (5)}

10.02 Minor Forest Produce in Scheduled Areas:- Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas and the Maharashtra Minor Forest Produce (Regulation of Trade) ( Amendment) Act 1997 {Annexure X (6)}

Under this Act, Gram Panchayats are vested with ownership rights over 33 types of minor forest produce found in Government lands in the Scheduled Areas. Tendu and apta leaves are not minor forest produce as per this Act.

10.03 Disposal of Maharashtra Minor Forest Produce in other areas:-

The minor forest produce other than 33 types in Scheduled Areas and the minor forest produce in other areas (other than Scheduled Areas) are sold by public auction by the concerned Deputy Conservator of Forests and the revenue accrues to the Government of Maharashtra.

10.04 Minor Forest Produce under Forest Rights Act, 2006:- As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)

Act, 2006, minor forest produce includes all the non-timber forest produce of plant origin including bamboo, brushwood, stumps, cane, tussar, cacoons, honey, wax/lac, tendu leaves, medicinal plants & herbs, tubers and the like. There is a provision for rights of ownership to the forest dwelling Scheduled Tribes and other traditional forest dwellers for access to collect, use and dispose of minor forest produce which has been traditionally collected within or outside village boundaries. {Annexures XV (1)}

10.05 Non-Timber Forest Produce under Joint Forest Management (JFM):- The members of the JFM committee obtain minor forest produce for their domestic use from forests at the rates fixed by JFM committee. After preparing microplan, minor forest produce could be collected by the members of JFM Commttee without causing any harm to forests and without violating the provisions of Working Plan. After supplying minor forest produce to the JFM commttee members, the remaining minor forest produce is sold by JFM committee and the amount so realised is deposited in the account of JFM commttee. The details are contained in the Government Resolution dated 5 October 2011.

Appendix XVIII (vi)

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∗ Author APCCF (NTFP, M&E)

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1. Hirda (Terminalia chebula)

Part XI The Maharashtra Felling of Trees (Regulation) Act, 1964

11.01 Preface:- It lays down the procedure to be followed in granting permission to individuals for felling Scheduled trees in

private land owned by them.

11.02 Object:- To make better provision for regulating the felling of certain trees in the State of Maharashtra, for the purpose

of the preservation thereof.

11.03 Salient Features:- This Act and the rules made thereunder are for regulation of felling of trees specified in the Schedule

attached with the act. Presently 16 species are included in the Schedule. Besides this, 8 species are also included in the Schedule for Sindhudurg district. "Tree Officer" is the authority to grant the felling permission, who happens to be a Range Forest Officer. District Collector is the Appellate Authority. Permission for transportation of forest produce, so obtained after receipt of felling permission from the Tree Officer, is generally given by the concerned Dy.C.F./D.F.O. under the provisions of the Indian Forest Act, 1927 and the rules made thereunder namely the Bombay Forest Rules, 1942.

Scheduled Species:-

2. Teak (Tectona grandis) 3. Mahuwa (Madhuca latifolia) 4. Tamarind (Tamarindus indica) 5. Mango (Mangifera indica) 6. Jack (Artocarpus integrifolia) 7. Khair (Acacia catechu) 8. Sandal (Santalum albam) 9. Bija (Pterocarpus marsupium) 10. Haldu (Adina cardifolia) 11. Tiwas (Ougelnia dalbergoidies) 12. Ain (Terminalia tomentosa) 13. Kinjal or Kindal (Terminalia paniculata) 14. Anjan (Hardwickia binata) 15. Jambhul (Syzigium cumini) 16. Mangrove

Within the district of Sindhudurg only

17. Shisam (Dalbergia Latifolia) 18. Shivan (Gmelina arboria ) 19. Nana (Lagerstroemia lanceolata ) 20. Behala (Terminalia bellerica) 21. Kazra (Strychnes nuxvomica ) 22. Bhedus (Euginia zeylanica) 23. Pandhra ain (Terminalia arjuna) 24. Kajoo (Anacardium occidentale)


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11.04 The Maharashtra Felling of Trees (Regulation) Act, 1964:- (Modified upto August 1989 and amendment dated 14th June 1999) {Annexures XIA (1), XIA (2)}

The list of Sections of The Maharashtra Felling of Trees (Regulation) Act, 1964 is as follows:-

1. Short title and extent 2. Definitions 3. Restriction on felling of trees 3A. Power of Tree Officer to order planting of trees 4. Penalty for felling trees in contravention of section 3 5. Contravention of section 3 to be reported by certain officers 6. Procedure in cases to be dealt with under this act 7. Award of penalty or confiscation not to interfere with other punishments 8. Enquiries and proceedings to be judicial proceedings 9. Officers to be public servants 10. Execution of order for payment of money 11. Bar of proceedings 12. Exemption 13. Savings 14. Provisions of this Act to be in addition to any other law for the time being in force 15. Power to make rules.

11.05 The Maharashtra Felling of Trees (Regulation) rules 1967 and (Amendment) Rules, 2005:-

In exercise of the powers conferred by sub-section (1) of section 15 of the Maharashtra Felling of Trees (Regulation) Act, 1964 (Mah. XXXIV of 1964), the Government of Maharashtra has made the Maharashtra Felling of Trees (Regulation) Rules, 1967 vide G.N. dated 19/09/1967. These rules are further amended vide G.N. dated 19/12/2005 which are known as Maharashtra Felling of Trees (Regulation) (Amendment) Rules, 2005. {Annexures XIB (1), XIB (2)}

11.06 Implementation of The Maharashtra Felling of Trees (Regulation) Act, 1964:- Important G.Rs., Circulars, Gazette Notifications etc. related to The Maharashtra Felling of Trees

(Regulation) Act, 1964 are included in Compendium of MFM Volume II, which is maintained separately.

Documents related to The Maharashtra Felling of Trees (Regulation) Act, 1964 are as follows :- {Annexures XIC (1) to XIC (10)}


XIC (1) Rights in Malaki cases and restrictions to cutting and felling of trees

Circular 18-12-1968

XIC (2) The Maharashtra Felling of trees (Regulation) Act, 1964 , Inclusion of Ain, Kindal, Anjan and Jambhul trees in Schedule ----

GR 16-01-1976

XIC (3) Felling of Trees - Mahuva, Tamarind, Mango, Jamohool and Jackfruit trees restriction on

Letter June 1977

XIC (4) The Maharashtra Felling of trees (Regulation) Act, 1964 , Inclusion of - Raywal mango and Jack trees not bearing fruits in the Schedule

GR 09-01-1981

XIC (5) The Maharashtra Felling of trees (Regulation) Act, 1964 , Inclusion of Ain and Kindal trees in Schedule ----

GR 17-10-1981

XIC (6) Regarding Illicit felling of trees on Malaki land Circular 29-11-1985

XIC (7) The Maharashtra Felling of trees (Regulation) (Amendment) Act, 1987

Gazette N. 21-07-1987

XIC (8) The Maharashtra Felling of trees (Regulation) Act, 1964 - Effective action on illicit felling

Circular 19-02-1988

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XIC (9) The Maharashtra Felling of trees (Regulation) (Amendment) Act, 1988

Gazette N. 07-08-1989

XIC (10) Addition of eight species in the Schedule Gazette N. 04-10-1999

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The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969

Part XII

12.01 Preface:- It prescribes in detail the procedure to regulate the disposal of trees standing in the holdings of persons belonging to Scheduled Tribes in the State of Maharashtra.

12.02 Object:- To regulate the disposal of trees standing in the holdings of persons belonging to Scheduled Tribes in the State of Maharashtra.

12.03 Salient Features:- As per section 6 of this act, tribals can approach the concerned Dy.C.F./D.F.O. for disposal of trees on their

field. However, before the sale of trees, the felling permission should be obtained from the tree officer.

12.04 The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 (Modified upto June 1997) {Annexure XIIA (1)}

The list of Sections of The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 is as follows:-

1. Short title and commencement 2. Definitions 3. Prohibition 4. Past contracts for sale of trees required to be approved - Deleted 5. Procedure for sale of trees after appointed day - Deleted

6. Sale of trees through Forest Officers 7. Appeal 7A. Revision 7B. Power to transfer proceedings 8. Penalty 9. Officers to be public servants 10. Execution of order for payment of money 11. Bar of proceedings 12. Provisions of this Act to be in addition to any other law for the time being in force 13. Power to make rules 14. Repeal of Mah. Ord.V of 1969 and saving


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12.05 Implementation of The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969:-

Important G.R.s, Circulars, Letters etc. related to The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 are included in Compendium of MFM Volume II, which is maintained separately.

Documents related to The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 are as follows :- {Annexures XIIB (1), to XIIB (4)}


{XIIB (1)} Transactions of money after the sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969

Circular 18-03-1992

{XIIB (2)} Transactions of money after the sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969

Circular 05-10-1995

{XIIB (3)} The Maharashtra sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 - Implementation of--

GR 27-03-1996

{XIIB (4)} LAQ - 97915 (Related to rights of Bhogwatdar-2) Letter 21-08-1990

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Maharashtra Supply of Forest Produce by government (Revision of Agreements) Act, 1982 provides power to the State Government to revise certain agreements, from time to time, to get fair price for forest produce sold or supplied by the State Government to the purchaser for a long term period and to prevent loss of income due to government and to enforce the revised agreements and to provide for matters connected therewith. {

Part XIII Compilation of Acts, Rules related to Forest Produce, Taxes, Industrial Supplies

of Forest Produce, Minor Minerals Etc. 13.01 Maharashtra Supply of Forest Produce by government (Revision of Agreements) Act,

1982:-

Annexure XIII (1)} 13.02 Maharashtra Supply of Forest Produce by government (Revision of Agreements) Rules,

1983:- Maharashtra Supply of Forest Produce by government (Revision of Agreements) Rules, 1983 have been

made under the Maharashtra Supply of Forest Produce by government (Revision of Agreement) Act, 1982 to revise agreements for sale or supply of forest produce to the purchasers on a long term basis priority for utilization in industries based on forest produce like paper mills. {Annexure XIII (2)}

13.03 Maharashtra Forest Development (Tax on Sale of Forest Produce by Govt. or Forest

Development Corporation) (Continuance) Act, 1983 (Modified upto 22st June 2001):- (i) The Maharashtra Forest Development (Tax on Sale of Forest Produce by Government or Forest

Development Corporation) Continuance Act, 1983, which came into force from 7th December 1982, provides for collection of Tax on every sale of forest produce from the Purchaser at the rate of 12 % of sale price of forest produce.

This act has been promulgated to raise the additional budgetary resources to be expended only for forest plantations or other ancillary purposes connected with forest development programs and for the welfare of the people dwelling in the forest and the weaker sections of the people dependant on forest produce for their livelihood. {Annexures XIII (3), XIII (4)}

(ii) In exercise of the powers conferred by section 7 of the Maharashtra Forest Development (Tax on sale of Forest Produce by Government or Forest Development Corporation) Continuance Act, 1983, the Government of Maharashtra exempted certain classes of sales from the payment of the whole of the tax payable.

( Ref. FDM 1082/240918-F-2, dt. 19-01-1984) Appendix XIII (i)

13.04 Supply of bamboo to M/s BILT on long lease:- Central provinces & Berar government had entered into an agreement with M/s Ballarpur Industries Ltd.

on 30/9/1947 permitting the said company to cut and remove bamboo growing in the government forest for the manufacture of paper in the paper factory of the said company on payment of royalty Rs. 5.25 Per Ton of Air Dry bamboos on a long term lease for the first time. The agreement has been renewed periodically and the latest agreement is in force for the period 2004-05 to 2013-14 for supply of 1,81,540 ADMT from the North and South Chandrapur Circles.

13.05 Reservation of bamboo to small scale industries:- Govt. has reserved 40,000 M.T. bamboo to small scale industries in Adivasi areas (G.R. No. FND-

1503/CR-165/F-1, dt. 26-2-2004). Appendix XIII (ii)

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∗ Author PCCF (P & M)

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(i) The Cattle Tress Pass Act, 1871 (Modified upto 1956)

Part XIV Acts and Rules related to Fodder, Grazing Etc.

14.01 Cattle Grazing in the Forests:-

The Cattle Tress Pass Act, 1871 as amended and applicable in the State of Maharashtra contains provisions regarding cattle damaging public roads, canals and embankments and penalties there of. {Annexure XIV (1)}

(ii) Grazing Rules for the Maharashtra State

In order to remove the disparity in regard to the procedure of cattle grazing in the forests in the various regions of the state, a uniform grazing policy was evolved as per Government Resolution, Revenue & Forest Department, No. MFP-1365/132211-Y, dated 6th December 1968. Detailed grazing rules applicable to entire Maharashtra State have been prescribed by Government resolution No. MFP-1371/237035-Z, dated 3rd November 1973 with accompaniments grazing policy and grazing rules dated 6th December 1968. Appendix XIV (i)

(iii) Priorities for grazing

Government has laid down the priorities for admitting cattle in over grazed units, where demand for grazing is heavy vide its resolution No.MFP-1369/63695-Z, dated 2nd August, 1971. Appendix XIV (ii)

(iv) Instructions regarding grazing in the forests by katewadi cattle:- Government has instructed to consider grazing requirements of katewadi cattle, if the katewadi people

came and settled before 1971 and subject to availability of carrying capacity as per the grazing settlement report. Voters list of 1971 is to be considered to determine whether the katewadis were settled before 1971 or otherwise.

(GR.No. 1632/CR-253, dated 26th June 1984) {Annexure XIV (2)}

(v) Regulation of grazing

To protect Naturally Regenerated areas and plantation areas of forests, entry of Cattle in forest areas has been regulated vide Govt. of Maharashtra’s G.R. No. MFP-2011/ PK-248/ F-1, dt. 31-10-2011.

Appendix XIV (iii)

14.02 Sheep Grazing in the Forests:- (i) Regulation of Sheep Grazing

Government Resolution No. MFP-1365/132211-Z, dated 22nd December 1971 lays down that each sheep should be considered as 1 unit and Rs.1/- per annum should be charged for each sheep grazing, in areas specifically set apart for the purpose. {Annexure XIV (3)}

(ii) Grazing fee for sheep grazing

Government has exempted collection of grazing fees for sheep grazing. However, taking of grazing license is necessary for sheep grazing.

(G.R.No.MFP-2195/CR 102/F-1, dated 11th September 1995) {Annexure XIV (4)}

(iii) Grazing settlement – sheep Government has sanctioned the grazing settlement reports of 48 forest divisions subject to certain conditions. In the State of Maharashtra, separate forest land has been assigned to sheep grazing in 21 forest divisions out of total 48 divisions/sub-divisions. No forest land has been assigned to sheep grazing in remaining forest divisions.

(G.R.No.MFP-2103/CR-135/F-1, dated 6/5/2008) Appendix XIV (iv)

(iv) Grazing of sheep in forests – Period during which grazing may be allowed There is no doubt that the grazing of sheep in forest lands, where the young growth has not attained a height of several feet, must be to a certain extent injurious to the trees, but the absolute prohibition of the


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grazing of sheep in all the forest area would probably ruin the sheep farming industry. In talukas, therefore, where sheep are bred and brought to graze, the forest should be worked on the block system, one compartment being absolutely closed in rotation for a definite specified period. Sheep should then not be allowed to enter the closed compartment but may be permitted on payment of the prescribed fee to graze between September 15th and May 15th in the unclosed compartments. Where in the opinion of the D.F.O./Dy.C.F. the grazing of sheep can without risk of material injury to the forest growth be allowed in unclosed compartments between 15th May and 15th September, such grazing may be permitted in that season also. It is not necessary, however, to lay down absolutely what sheep are to be admitted to all unclosed areas between September 15th and May 15th. There is room for the exercise of judgement in this matter. But it is not one in which Government can pass detailed and specific orders. The general principle has been stated above. The Chief Conservator may be able to point out cases where it is reasonable and expedient that exceptions should be made in the public interest. But in dealing with such cases it is fair that the sheep-breeding industry should be represented by the Collector and the practical measures which should be adopted will best be settled by the Revenue and Forest Department in consultation. Cases for exception will be those in which it is recognized that the admission of sheep to graze in a given area will cause injury to young trees or to grazing of cattle out of proportion to the benefit obtained by the sheep graziers. (BFM III, 115)

(v) Grazing of sheep and goats in areas under reboisement prohibited When for the proper reboisement of forest areas such a course is demanded, all sheep and goats should be absolutely excluded from those areas. Orders as to the areas thus to be closed to sheep and goats should be issued by the Collectors with the sanction of the Commissioners after consulting the Chief Conservators of Forests. In cases where the Collector and the Chief Conservator of Forests hold divergent views as to the areas so to be closed and are unable to come to an agreement, the question should be left with the Commissioner without reference to Government. (BFM III, 113)

14.03 Procedure for allotment and sale of grass kurans:- In order to bring uniformity in respect of allotment of kurans, i.e. priority in allotment, fixation of upset

price, recovery of upset price and procedure for sale etc. the government has issued necessary directions. The priority for allotment of grass kurans is as follows as amended by government on 29th October, 1976

Appendix XIV (v)

(i) Village Panchayat (except grass kurans which are traditionally being allotted) (ii) Military Farms/State Government cattle breeding farms. (iii) Public bodies including dairy societies (iv) Forest Labourers Co-operatives Societies

(Ref. Resolution No.: MFP-1665/11891-Y, Dt. 8thNovember,1971) Appendix XIV (vi)

(Ref.:-Resolution No.MFP-1665/118931-(6)-F-2,Dt.29thOctober,1976) Appendix XIV (v)

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The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short FRA’06) has been enacted by the Government of India and this Act come into force from dt. 31/12/2007 and the rules made under this Act formed are The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2012. Tribal Development Department is the Nodal Implementing Agency for the implementation this Act. {

Part XV The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of

Forest Rights) Act, 2006 and Rules 2007

15.01 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2007:-

Annexures XV (1), XV (2), XV (3)}

15.02 Types of forest rights:-

Under the provisions contained in section 3(1) of this Act, Rights are categorised in two categories viz. individual title for forest land under occupation (Annexure-II of the Rules 2007, Rule 8(h)) and title to community forest rights (Annexure-III of the Rules 2007, Rule 8(h)).

15.03 Main conditions for eligibility under this Act:- (i) As per Section Sec.2(c) :

a. The claimant should be a member of “Forest Dwelling Scheduled Tribes” (Sec.2(c)) b. He should primarily reside in the forest. c. Should be dependent upon forest / forest land for bonafide livelihood needs.

(ii) As per section 2(o)

a. The claimant for being a member of “Other Traditional Forest Dwellers” must be primarily residing for three generation (i.e. for at least 75 years) prior to 13/12/2005 and

b. He should be dependent upon forest / forest land for bonafide livelihood needs.

(iii) Every claimant must have occupied the forest land before 13/12/2005 (Sec. 4(3)).

(iv) In case of claim with regard to right to occupation for habitation or self cultivation, the land must be under his occupation on 31/12/2007 (Sec 4(6) read with Sec 3(1) (a)).

15.04 Diversion of forest land upto 1 ha. :-

Government of India vide letter no.F. No. 23011/15/2008-SG.II, Dt. 18/05/2009 has issued procedure regarding granting permission to use forest land for the purpose (13 types of projects) which is mentioned in section 3(2) of the said Act. The concerned D.F.O. / Dy.C.F. has been authorized to approve such projects. In case, he does not agree with the proposal, then he shall send the proposal with his remarks to the District Level Committee for the final decision. Appendix XV (i)

15.05 Limitations of FRA:-

This Act is not applicable in the Municipal Corporation Areas of the state. (Government of India letter no. 17014/02/-PC & (Vol.VII) (Part) Dated 04/03/2010). {Annexure XV (4)}

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Note on Working Plan Code Part XVI

16.01 Preface:- The working plans are the instruments for scientific forest management in tune with the philosophy of the

national forest policy and emerging trends in the forestry sector. All forests are managed under the prescriptions of a working plan / scheme prepared on the basis of principles of sustainable forest management and recognised and innovative silvicultural practices. The authority as designated by the Ministry of Environment & Forests, Government of India, approves the working plan for the purpose. Generally no timber harvesting is done in any forest area without approved working plan/ scheme. While a detailed working plan is prepared for large areas such as forest division, working scheme is prepared for smaller areas for a specific purpose or areas like private, village, municipal, cantonment forests etc. Even working schemes have all major elements of working plan and these schemes also need sanction of competent authority designated by the Ministry of Environment and Forests. The working plan is generally revised after 10 years. The working plan of forests other than those under the control of forest department like municipal, cantonment, private, village, etc., forests can be prepared by Working Plan Officer on the request of the owner or by owner themselves or through outside consultants. Micro- plan of jointly managed forest is prepared by the forest staff of territorial division as per MOU and in consultation with the communities involved. The microplan so prepared is integrated with the working plan of that territorial division. The Working Plan Officer undertakes the task of preparation/revision of working plan.

For all categories of forests as defined by the Supreme Court in its judgement dated 12.12.1996 the National Working Plan Code as approved by the Ministry of Environment and Forests, Government of India will have to be followed in writing the Working Plan. No commercial harvesting of any produce can take place unless it has been carried out under the prescription of a working plan / scheme approved by the Ministry of Environment & Forests through its regional C.C.F. The regional C.C.F. ensures that the Working Plan is in conformity with the prescribed procedure and its prescription is followed, the compartment history and control forms are updated and the harvesting does not exceed the natural regeneration. {Annexure XVI (1)}

16.02 A brief summary of important provisions of working plan code:-

First Preliminary Working Plan briefly reviews the results of management during the past few years and points out whether the existing system of management is satisfactory or not and suggests necessary changes to improve the matter and is written by the territorial Chief Conservator of Forests /Conservator of Forests. Part 1 of the First Preliminary Working Plan contains very brief comments on such sections which are required to be updated and Part 2 requires detailed comments and close analysis of the results of the past management for each working circle separately. The content of the First Preliminary Working Plan includes necessary details of the working plan area, review of past management including the extent of harvesting, proposed maps to be prepared or revised, information to be collected and source of information, list and type of field work to be done and time schedule for various works to be done by the Working Plan Officer. (Article 21 WP Code 2004) The draft First Preliminary Working Plan is deliberated upon in the meeting by a committee chaired by the P.C.C.F. (HoFF) which then approves the report with changes as deemed necessary and this approval is final and shall imply the consent of all concerned including the State Government and the Government of India. (Article 22 WP Code 2004)

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2011/CR- 176//F-5, dated 30-09-2011.

Part XVII Sales and Utilization

17.01 Powers of Forest Officers regarding Sales:- (i) Powers of Forest Officers regarding sales of timber, etc., vide serial Nos. 1, 2, 3(a), 3(b) and 4 of Manual of Financial Powers have been raised as per the statement annexed to the Govt. R. & F.D. No.MSC -

Appendix XVII (i)

S.N. Nature of power Authority competent to exercise power

Delegated powers Remarks

1.

Powers to sanction refunds of revenue and interest charged on forest revenue

P.C.C.F. / A.P.C.C.F. (Concerned)

C.C.F. / C.F. D.F.O./Dy.C.F. and Sub-D.F.O. (Independent sub-divn.)

Rs.5.00 lakhs in each case

Rs.2.00 lakhs in each case

Rs. 1.00 lakhs in each case

The power should be exercised strictly after following the requisite procedure as per the Govt. instructions and orders issued from time to time.

2. Powers to write off all kinds of irrecoverable state revenue.

P.C.C.F. / A.P.C.C.F. C.C.F. / C.F. D.F.O./Dy.C.F. and Sub-D.F.O. (Independent Sub-Divn.)

upto Rs. 25,000/- in each case upto Rs.10,000/- in each case upto Rs.5,000/- in each case

Provided all legal options for recovery have been exhausted.

3(a) Powers regarding Sales Administrative Deptt. Full powers P.C.C.F. / A.P.C.C.F. Rs.50 lakhs in each case C.C.F. / C.F. Rs.25 lakhs in each case D.F.O./Dy.C.F. & A.C.F

(Independent Sub-Divn.) Rs.5 lakhs in each case

R.F.O. Rs.5,000/- in each case 3(b) Powers to sanction Upset

Price for sale of timber, firewood or other forest produce which are not covered under the provisions of Maharashtra Minor forest Produce (Regulation of Trade) Act, 1969.

P.C.C.F. / A.P.C.C.F. C.C.F. / C.F. D.F.O./Dy.C.F./Sub-D.F.O. (Independent Sub-Divn)

Full powers Rs. 25 lakhs in each case Rs.2.5 lakhs

Upset price of the forest produce should be fixed as per 1) Schedule of rates 2) Average of last 3 sales/ average yearly sales

4. Powers to confirm/ sanction price received below sanctioned Upset Price.

Administrative Deptt. P.C.C.F. / A.P.C.C.F. C.C.F. / C.F.

Full powers Rs.50 lakhs in each case Rs.25 lakhs in each case

1. These powers should be exercised by the competent authority when upset price is sanctioned either by himself / herself or by the subordinate authority under his / her control. 2. The reasons should be recorded in writing with justification as to why bids below the sanctioned upset price are being accepted.


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(ii) Sale of bamboo units by tender auction The sanction of upset price and acceptance of bids of bamboo units by way of tender auction rests with

government.

17.02 Unified Depot Sale Conditions:- (i) For sale of timber, charcoal, bamboo and firewood (in depots and in-situ):-

Unified Depot Sale Conditions for sale of timber, charcoal, bamboo and firewood in depots and in-situ, have been prescribed by government as modified from 29th April, 1986.

(Ref. GR.No. TMR-1680/117241-CR-937-III/F-9, dated 29th April, 1986) Appendix XVII (ii) (ii) For Conversion of firewood into charcoal

The government has modified the payment terms regarding conversion of firewood into charcoal vide No.TMR-1085/CR-411/F-9, dated 12th February 1987. Appendix XVII (iii)

(iii) Ground Rent In order to bring uniformity in charging of ground rent in all the circles, the PCCF office has issued directions with regard to rate of ground rent of timber, firewood, bamboo, charcoal that came into effect from 1st October, 1986 onwards. (CCF, Pune’s Circular No. D-9/TMR-C/123/C-1 of 1986-87, dt. 22nd September, 1986) Appendix XVII (iv)

(iv) Ground rent: - Bamboo bundles In order to bring uniformity with regard to rate of ground rent to be charged for bamboo bundles the CCF (Production), M.S., Nagpur has prescribed rates vide No.D-16/Sale/A-2/559/90-91, dated 11/09/1990. Appendix XVII (v)

(v) Recovery of balance amount in the depots After sanction of sale, the date of presentation of demand draft before forest officer is to be considered as the date of payment. (PCCF’s Circular No.Desk-16/Sale/A-2/40/361, dated 9/7/1991) {Annexure XVII (1)}

(vi) (a) Acceptance of offers below the sanctioned Upset Price Chief Conservator of Forests (Production) vide No.TMR/C/15(72-73)/8120 of 1974-75 dated 29th July 1974

has issued executive orders regarding procedure to be followed. If the offer received, either in open auction or in tender, is less than the sanctioned upset price and if in the opinion of the D.F.O./Dy.C.F., there is no likelihood of getting any more price in future, the D.F.O./Dy.C.F. concerned may accept the offer on “2 war” taking into Account the merits of the case. The D.F.O./Dy.C.F. will then refer the matter to the Chief Conservator of Forests concerned, giving full justification for recommending Upset Price. The Chief Conservator of Forests concerned will then issue necessary orders within the stipulated period about the acceptance or otherwise of the offer. This may kindly be brought to the notice of all the D.F.O./Dy.C.F. {Annexure XVII (2)} (b) Sanction of lots kept on Two war

The time limit for sanction of lots kept on Two war has been prescribed. (PCCF’s Circular No.Desk-16/Sale/A-2/889/94-95/122, dated 29/9/1991) {Annexure XVII (3)}

17.03 Stoppage of Contractor System in the harvesting of forestry works:- Government has stopped Contractor System in the harvesting of forestry works from July, 1981 and all

harvesting works to be implemented through Department and Forest Labour Co-Operative Societies. (Government’s letter No.FCT-1581/93544/F-1, dated 4/5/1981) {Annexure XVII (4)}

17.04 NOC for Non-agricultural use for charcoal manufacture under Sec.44:- (i) Non-agriculture permission for the manufacture of charcoal under certain conditions has been provided

under section 44 of Maharashtra Land Revenue Manual, 1966 and Maharashtra Land Revenue Rules, 1969. (G.R.No.NAP 1087/16203/CR/1128/L-2, dated 19 February, 1992) {Annexure XVII (5)}

(ii) Discontinuation of permission for charcoal manufacture Government has decided to discontinue giving permission to charcoal manufacturing from 31/3/2007

because of increased illicit felling of trees and pollution in response to Call Attention Motion No. 105 by Smt.Shobhatai Fadanavis & others, in the legislature.

(Govt. letter LVS-03/2007/CR-54/F-9, dated 30/3/2007) {Annexure XVII (6)}

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17.05 The Maharashtra Land Revenue Rules, 1967, 1969 & 1970 for regulation, cutting & disposal of trees, other natural products, grazing etc.:-

(i) The Maharashtra Land Revenue (Regulation of Right to trees etc) Rules, 1967 provide for regulation of cutting of trees for prevention of erosion of soil and procedure for purchase of trees in occupancy. Appendix XVII (vi)

(ii) The Maharashtra Land Revenue (Disposal of government trees, produce of trees, grazing and other Natural Products) Rules, 1969, provide for procedures for disposal of trees etc. belonging to government, disposal of grazing lands, Recovery of value of trees etc. unauthorisedly appropriated. Appendix XVII (vii)

(iii) The Maharashtra Land Revenue (Regulation of cutting and supply of wood, etc.) Rules, 1970 provide for regulation of cutting of wood from waste land and from forest reserves. Appendix XVII (viii)

17.06 Timber and Hardwood supply from government Depots:- (i) The rules regarding supply of teak and other hardwood species like ain, haldu, sissam etc. to government

departments and certain parties at predetermined rates without auction or personal use of the said department and parties have been provided vide GR No. TMR-1374/432-50-F-5, dated 17th March, 1977 and with modifications in this regard vide GR No.TMR-1380/98056-F-5, dated 11th November, 1980.

(ii) Government has directed schedule of rates shall be deemed to be the rates fixed by the C.C.F. concerned, from time to time, representing approximately the price which would have been realized, if the material would have been sold by auction/tender.

(G.R.No.TMR-1380/98056-F-5, dated 11th November 1980) {Annexures XVII (7), XVII (8)} 17.07 Auction of Fodder Kurans on Forest Lands:-

The Commissioner has to give “No Objection Certificate” to the Chief Conservator of Forests in the month of July whether to keep grass kurans on forest land on sale or reserved after considering the rainfall in the month of June and July.

(Government Circular No.TAG 1089/CR 2161/M-11, dated 20/10/1989) {Annexure XVII (9)} 17.08 Grading rules for classification of Timber:-

The details of grading rules for classification of timber logs i.e. teak and non-teak species are provided by memo of Chief Conservator of Forests, M.S., Pune. (Memo No.D-16/grading rules/230, dated 23-09-1978, Circular dated 06-10-1978 and letter No.Desk-16/1200, dated 03-03-1984) Appendix XVII (ix) (APCCF (P&M)’s letter No. D-16/sale/204 dt. 03-06-2003) Appendix XVII (x)

17.09 Uniformity in the harvesting of Timber pieces:- In order to bring uniformity in the harvesting of timber the detailed instructions have been issued. (CCF’s Circular No. Desk-16/R-3/grading rules/3/85-86/756, dated 30/10/1986) Appendix XVII (xi)

17.10 Nistar:- (i) General

(a) Nistar distribution in Vidarbha Region The Govt. has directed that the work of distribution of Nistar in Vidarbha region should be entrusted to Zilla

Parishads / Panchayat Samitis concerned. (Ref. Agriculture, Food and Forests Dept. Resolution No.) (i) TRN-1162/20148, dt. 2nd January, 1964 (ii) TRN-1162/20148, dt. 22nd June, 1964 {Annexures XVII (10), XVII (11)} (b) Nistar distribution in Western Maharashtra and Marathwada Region The Nistar system existing in the Vidarbha region has been extended to Western Maharashtra and Marathwada

regions from the financial year 1968-69. (Ref. GR.No. FCT-1564/2239, dt, 15th January, 1968) (Ref. GR.No.TRN-1168/144695, dt. 20th September, 1968) {Annexures XVII (12), XVII (13)} (c) An outline of the procedure regarding distribution of Nistar material Chief Conservator of Forests, Maharashtra State has issued detailed procedure to be followed regarding

distribution of Nistar material. (Ref. CCF’s memo No. 33/C/II/237-63-64/20054 of 68-69, dt. 4th January, 1969) {Annexure XVII (14)}

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(ii) Bamboo (a) Supply of bamboo to Burad and Bamboo Craftsmen families in Vidarbha on Nistar rates

Govt. has decided to supply 1500 bamboos per family per year to registered Burad / Bamboo Craftsmen families. (Ref. Bamboo supply -1095/CR-128/F-9, dt. 30th May, 1997) {Annexure XVII (15)}

(b) Procedure for supply of bamboo on Nistar rates CCF (Production) has issued detailed guidelines regarding registration of Burad and Bamboo Craftsmen families, period of supply, fixation of Nistar rates etc. (Ref. Desk-16/R-1/Burad bamboo/411/97-98, dated 3-7-1997) {Annexure XVII (16)}

(c) Registration of bamboo co-operative societies – procedure (CCF) Production has issued guidelines regarding registration of bamboo co-operative societies. (Ref. Desk-16/R-1/Burad bamboo/Society/814/97-98, dt. 29th September, 1997) {Annexure XVII (17)}

17.11 Rent for tapping Toddy Trees in Government land including forest land:- Rent should be levied for tapping Toddy Trees situated in Government land belonging to any department as may be determined by the Collector of the district after previous consultation with the department concerned. Accordingly any person who wishes to tap trees in forest land shall pay to the Forest Department such rent as may be fixed by the Collector and obtain a certificate that he has permission to tap the trees. (BFM II, 292)

17.12 General rules for Weights and Measures, Classification, Calculation of volume, etc. (i) Application of standards of Weights and Measures (Enforcement) Act, 1985 to the forest timber depot

etc.:- The Forest Department depots that have dealings with the public for the sale of sandalwood, timber, firewood, Minor Forest Produce (MFP) etc. by weight or measure, should comply with the Standards of Weights and Measures (Enforcement) Act, 1985 and the Maharashtra Standards of Weights & Measures (Enforcement) Rules, 1987 framed thereunder.

(ii) Timber length - Nearest 5 cm such as 12 cm is to be recorded as 10 cm, 13 cm is to be taken as 15 cm.:- Volume is to be recorded up to 3 places to decimal. Moss, Bark, Cowdung, Mud, etc. upon the log likely to vitiate its measurement should be removed. The available standard ready reckoner of timber measurement may be used in calculating the volume of logs.

(iii) Volume calculation for timber (other than logs) and fuel wood:- (i) For calculating volume of sawn timber -

Vol. = L x B x W (ii) For fuel wood - Stack Vol.

Stack size L x H x W Beat size at a place 10m x 2m x 2.4m 1.2m x 1m x 2m should be = 10 beats

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Joint Forest Management, Forest Development Agency etc. 18.01 Joint Forest Management:

Part XVIII

The idea of Joint Forest Management was first mooted by MoEF, vide GOI’s letter dated 1st June 1990 addressed to the forest secretaries of all states. The objective was to involve the village communities and voluntary agencies in regeneration of degraded forest lands. {Annexure XVIII (1)}

Accordingly Govt. of Maharashtra vide its Resolution, Revenue & Forests deptt. No.SLF-1091/CR-119/91/F-11, dated 16th March 1992 has taken a decision to protect the degraded and denuded forest by involving local communities and forming the Forest Protection Committees. Benefits obtained after regeneration of such areas was to be distributed amongst local stake holders as per the norms stated in the said G.R. Appendix XVIII (i)

For strengthening the JFM activities GOI has issued further guidelines vide its letters dated 21st February 2000 and 24th December 2002. Accordingly Govt. of Maharashtra has issued revised G.R. Revenue & Forests Dept’s. No. MSC/2000/CR-143/ F-2, dated 25/04/2003. As per this decision, the forests within 2 kms of the village boundaries with more than 40% density could be taken up under JFM. Similarly participation of women in the programme was emphasised. Appendices XVIII (ii), XVIII (iii), XVIII (iv)

Govt. has introduced a special action programme regarding increase of participation of women self help Groups (Mahila Bachat Gut) vide G.R. No. FDM-2010/CR-40/F-2, dated 29-06-2010. According to this programme, various forest works which are entrusted to JFMCs, have preferably to be carried out through the Mahila Bachat Guts, as well, necessary assistance & training have to be provided to the Mahila Bachat Guts in view of increasing their capacity. Appendix XVIII (v)

Revised G.R. No. FDM-2011/CR-100/F-2, dt.5-10-2011 regarding JFM has been issued, vide which JFMCs are attached to Gram Sabha and maintenance of Forts in Forest areas are also to be entrusted to JFMCs, as well. Limitation of distance of village to forest area is enhanced from 2 kms to 3 kms. Appendix XVIII (vi)

18.02 Sant Tukaram Vana Gram Yojana: This is an incentive scheme for the Forest Protection / JFM Committees introduced vide Govt. of Maharashtra

Revenue & Forest Deptt. G.R.No.FDM/2005/ CR-313/F-2, dated 23/11/2006, modified subsequently vide G.R. dated 15/02/2008 and dated 15/05/2008. The scheme provides awards at the state level as well as the District level. The district level 1st, 2nd and 3rd awards are of Rs.51,000/-, Rs.21,000/- and Rs.11,000/- respectively. Appendices XVIII (vii), XVIII (viii), XVIII (ix)

The JFMCs which have won 1st prize at the distt. level can take part in the state level competition. The JFMCs having outstanding performance are eligible for the following state level awards. :

1st Prize -- Rs. 10 lacs and monument. 2nd Prize -- Rs. 5 lacs and monument. 3rd Prize -- Rs. 3 lacs and monument.

18.03 National Afforestation Programme (NAP) and Forest Development Agency (FDA): The Ministry of Environment and Forests, GOI, was implementing centrally assisted schemes for promoting

afforestation on degraded forests and adjoining lands including lands adjoining National Parks and Sanctuaries during the 9th plan period. The operation of one of the ongoing schemes, namely, Integrated Afforestation and Eco-Development Project Scheme (IAEPS) through decentralized mode of Forest Development Agency (FDA) was approved by the Ministry on a pilot basis. Accordingly, the Samanvit Gram Vanikaran Samruddhi Yojana (SGVSY) came into existence and was implemented through FDAs during last two years of the 9th plan period. The scheme is being continued after pilot scale trial with a view to reducing multiplicity of schemes with similar objectives, ensuring uniformity to funding pattern and implementation mechanism, avoiding delays in availability of funds to the field level and institutionalising people’s participation in project formulation and its implementation. The scheme titled National Afforestation Programme (NAP) has been approved for implementation during the 10th plan period by way of merging centrally sponsored afforestation schemes. The

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scheme is operated by National Afforestation and Eco-Development Board, MoEF as a 100% centrally sponsored scheme during 11th Five Year Plan as well. The main institutional mechanism is as under: FDAs are constituted at the Territorial Forest Divisions level only. FDAs are registered societies under the Societies Registration Act 1860.

At the grass root level, the JFMCs are the implementing agencies. The Govt. of India has issued Revised Guidelines 2009 of National Afforestation Programme for establishment

of State Forest Development Agency vide letter no.F.No.25.1.1/99-B-II, dt.10th Dec. 2009. {Annexure XVIII (2)}

Accordingly the Govt. of Maharashtra has issued Govt. Resolution No.FDM2010/CR-38/F-2, dt.02-07-2010 to establish Maharashtra State Forest Development Agency. Appendix XVIII (x)

The Maharashtra State Forest Development Agency has been registered under Society Registration Act 1860. The Registration No is MAH/974/10(Nag). Dt.30-09-2010.

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*Part XIX Management of Forest with Revenue Department

19.01 Regarding Management of Forest with Revenue Department:- As per the instructions contained in Government R & FD Circular No. LND.1076/2186/GI, Dt. 14th April

1976 read with Government R & FD Circular No. FLD-1076/110-F-3, Dt. 4th August, 1976 any forest land incharge of revenue department, whether it is either recorded forest or identified forest shall be immediately transferred to Forest Department for its further scientific management. By the order of the Hon’ble Supreme Court of India dt. 12/12/1996 in Writ Petition (Civil) No. 202/95 with W.P. 171/96, Shri. T. N. Godavarman Thirumulkpad vs. Union of India, provisions of Forest (Conservation) Act, 1980 shall be applicable to these forests. No such forest land shall be diverted for non-forestry purpose without prior approval of Government of India under section 2 of Forest Conservation Act 1980. {Annexures VIIIB (1), VIIIB (4)} & Appendix VIII (i)

After taking over such land from Revenue Department, Forest Department shall notify these lands as Reserve Forest and include them in regular working plan or be managed on scientific lines under a duly approved working scheme by the Government of India.

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Hon’ble High Court Bombay in Writ Petition No. 3246/2004 vide order Dated 6/10/2005 issued specific directions regarding the protection and conservation of mangroves. Accordingly State Government issued Circular no. Misc./10/2005/C.R. 88/J-1, Dt. 21/10/2005 directing as follows.

Part XX Management of Mangrove land

20.01 Conservation of Mangroves:-

Appendix VIII (ii), {Annexure VIIIC (16)}

(i) There will be complete ban on destruction of mangroves in the State

(ii) Construction and dumping of wastes in the mangroves will be banned

(iii) Further Construction works around 50 meters from mangroves will be stopped irrespective of ownership.

(iv) No authority will have the power to grant developmental activities in mangrove area.

(v) The Maharashtra Remote Sensing Agency will prepare the high resolution map

(vi) Commissioner Land Record and Director Land Record will incorporate the information regarding mangrove areas on the respective city / village maps within 6 months of the order.

(vii) After the preparation of map and completion of incorporation of the information, the mangroves on government land shall be notified as “protected forest” and those on private area shall be notified as “forest”.

(viii) Government area so notified as protected forest shall be handed over to Forest Department within 12 weeks from the date of notification.

(ix) Mutation in the Revenue records should be done within 12 weeks from the date of notification as protected forest as “forest”.

(x) Till such handing over of the notified government mangrove areas, the responsibility of its protection will be with concerned Collector.

20.02 Application of Forest (Conservation) Act, 1980 to Mangroves:-

As per the Hon’ble High Court’s directives dt. 27/01/2010 in Notice of Motion in PIL 87/2006, no non forest activities should be permitted by the respondent State in these mangroves area through out the State of Maharashtra which shall be subject to section 2 of the Forest (Conservation) Act, 1980 and Environment Protection Act and Rules, without taking permission from the competent authority. Appendix VIII (vi)

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Forest Research

21.01 Conduct of Forest Research

Part XXI

(i) Forest Research shall be carried out as per the research themes specified in the approved Quinquennial Research Programme (Q.R.P.). The Q.R.P. which shall form the basis for the forest research to be carried out for a duration of 5 years, will be prepared by the Head of the State Research Wing taking into account the research needs of the State and also the latest trends in forestry research. The Q.R.P. so prepared shall be put up before the Research Advisory Committee (R.A.C.) of the state which shall examine and approve it.

(ii) Members of R.A.C.:- The Principal Chief Conservator of Forests, (HoFF), M.S., Nagpur shall function as the Chairman of the Committee while the other members of the Committee shall be decided by Government from time to time. This committee shall include experts from outside also.

(iii) Mid term review: - The R.A.C. shall take mid term review of the on going research activities and suggest any modifications or additions to the research programme if found necessary.

21.02 Co-ordination of Forest research work and collaboration with research institutes: (i) The research officers will carry out the research activities on the basis of approved research projects under the

control and over all guidance of the Head of the State Research Wing. The Head of the State Research Wing shall co-ordinate with the regional heads of the Research Wing and shall publish the final results of the various research activities in the form of annual report.

(ii) The Head of the State Research Wing shall be competent to co-ordinate and collaborate with reputed international as well as National Research Institutes. However approval of the R.A.C. shall be taken before entering into research agreements with international research institutes.

(iii) The Head of the State Research Wing shall be competent to mobilize funds for research activities by tying up with various departments as well as autonomous Boards of Government of India or State Governments as the case may be.

(iv) Head of Research Wing will facilitate the transfer of suitable technology from research wing and various National and International Research Institutes to the field level officers of Maharashtra.

(v) The territorial Dy.C.Fs./D.F.Os. may be allowed to undertake specified research work subject to reference to and approval by the Research Advisory Committee. The Dy.C.Fs./D.F.O. may undertake such research work in their own divisions only. The Head of the State Research Wing in consultation with respective territorial C.C.Fs. /C.Fs. may distribute such research work to the officers according to their inclination and available resources subject to the approval of the Research Advisory Committee.

(vi) The Principal Chief Conservator of Forests, (HoFF), M.S., Nagpur shall be competent to permit selected forest officers to visit forest research institutes (institutes under ICFRE, as well as research institutes of individual states) for work in connection with forest research. The visits should be of short duration not exceeding a fortnight. During this period the officers will receive their full pay and allowances and may be allowed travelling allowances as per the normal T. A. rules.

(vii) Indian Council of Forestry Research and Education (ICFRE), Dehradun and the Regional Research Institutes have been established to act as focal institutes for providing strong research support for sustainable development of forests and forestry sector in India.

(a) The Head of the State Research Wing shall be competent to co-ordinate with ICFRE and other Regional Research Institutes for finding solution to specific research related problems faced by the state.

(b) The local forest officers may also seek the help of the Research Institutes in case specific problems are noticed in their areas. However all references should be routed through the Head of the State Research Wing who will co-ordinate with the Institute and arrange for the task to be handled by the Research Institute suitably.

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(viii) The Forest Officers having aptitude for Research may be allowed to work in Research Wing without any restriction with regard to tenure at a place. Alternatively, they may be transferred and posted at other places within the Research Wing.

21.03 Annual Research Report:- (i) The Annual report on forest research work should be compiled for the period 1st April to 31st March and

published not later than 1st of August Each Year. (ii) The report should be compiled according to the themes under which research work is going on and should give

interim observations / final conclusions about the on going research projects. The results of the approved work, if any, done by territorial Dy.C.Fs./D.F.Os. should also be included in the Annual Research Report.

21.04 Dispatch of botanical specimens for identification:- (i) Forest botanical specimens may be sent to the office of the Joint Director Botanical Survey of India (Western

Region), Pune for identification. (ii) The specimens must be properly mounted and dispatched to the office of B.S.I.(Western Region), Pune giving

details like place of collection, date of collection, forest type, agro climatic zone, soil type etc. along with other related information.

(iii) Help of local field taxonomists may also be taken for identification of the forest botanical specimens.

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*Part XXII

Note on Evaluation Code

22.01 Objectives:- The Central Evaluation Unit was created as per the Government resolution No. FST /2976/ 101293/Z

Dated-09/05/1967 for evaluating works implemented by the Forest Department. The main objectives for creating the Evaluation unit were,

(i) To carry out periodic evaluation and assessment of works

(ii) To make physical assessment in regard of quality of the works done and

(iii) To suggest modifications to the techniques

22.02 Salient Features:-

To bring uniformity in the work of evaluation, the Evaluation Code was prepared in the year 1969. Though, previously evaluation was envisaged for only the plan works, later on, its scope was extended to other works too. {Annexure XXII (1)}

The Evaluation Code deals with administrative matters such as the composition and staffing pattern of the Central Evaluation Unit and its various divisions.

It deals with the technical matters and evaluates various schemes such as the plantation of valuable trees, establishment of nurseries, forest communications, mechanized logging, plantation of fuel wood species, bamboo, general utility timber, roads, communication and building works under other schemes etc.

Evaluation Code also deals with the methodology for sampling, data collection, field inspections, maintenance of records etc. Desired schedules of evaluating plantations, nurseries etc. and criteria of successful, partially successful and failure plantation has also been given in the Appendix of Evaluation Code. Various forms to be filled up for the miscellaneous works mentioned in the code have also been included in the Appendix of Evaluation Code.

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∗

2002 (No 18 of 2003), the Government of Maharashtra has made the Maharashtra Biological Diversity Rules, 2008 vide No: WLP-1004 / C.R.226 / F-1, dated 10-12-2008. All details about Maharashtra State Biodiversity Board are described in the Maharashtra Biological Diversity Rules, 2008.

Part XXIII Maharashtra State Biodiversity Board

23.01 Bio- Diversity Act and Rules With an objective of conservation of biological diversity, sustainable use of its components and fair and

equitable sharing of the benefits arising out of utilization of genetic resources, Government of India published The Biological Diversity Act, 2002 in the gazette of India on dated 5th February, 2003. Thereafter, Government of India formulated and published Bio- Diversity Rules 2004 vides its notification dated 15th April, 2004 & these rules came into force from the date of their notification.

In the exercise of the powers conferred by sub section (1) of section 63 of the Biological Diversity Act,

{Annexure XXIII (1)} 23.02 Maharashtra State Biodiversity Board In exercise of the powers conferred under rule 3 of the Maharashtra Biological Diversity Rules, 2008 the

Government of Maharashtra has appointed Shri. Erach Bharucha as Chairperson of the Maharashtra State Biodiversity Board. The headquarter of the Maharashtra State Biodiversity Board will be based at Nagpur.

( GR No. WLP-2009/C R.-15/F-1 dated 05-07-2011) {Annexure XXIII (2)}

In exercise of the powers conferred under section 22 of the Biological Diversity Act, 2002 (No 18 of 2003) the Government of Maharashtra has established the Maharashtra State Biodiversity Board which constitutes the following members. (Notification No. WLP-1009, C.R.-15/ F-1 dated 02-01-2012) {Annexure XXIII (3)}

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∗ Author APCCF (Personnel)

1 Shri. Erach Bharucha Chairperson

2 Secretary, Animal Husbandry Ex-officio member

3 Secretary, (Forest) Ex-officio member

4 Member Secretary, Maharashtra State Biodiversity Board

Ex-officio member

5 Principal Chief Conservator of Forests, (Wildlife), M.S. Nagpur

Ex-officio member

6 Hon’ble Shri. Vijay Khadse, M.L.A. Expert

7 Prof. S.R. Yadav, Shivaji University, Kolhapur Member

8 Shri. Kishore Rithe, Satpuda Foundation Member

MAHARASHTRA FOREST MANUAL, VOLUME II

ABBREVIATIONS

AbbreviationsA ArticleA.C.F. Assistant Conservator of Forests. A.P.C.C.F. Additional Principal Chief Conservator of ForestsA/C Alternating CircuitAddl. CA Additional Compensatory Afforestation ADMT Air Dry Metric TonnesAIR All India ReporterAIR (SCW) All India Reporter (Supreme Court Weekly)AO Administrative OrderAPO Annual Plan OperationAppx AppendixAppxs AppendicesB BreadthB.F.R. Bombay Forest RulesB.O.T. Build, operate and transferB.S.I. Botanical Survey of India BILT Ballarpur Industries Ltd.Bom. C.R. Bombay Criminal RulingC.A. Compensatory Afforestation C.A.T. Catchment Area TreatmentC.C.F. Chief Conservator of ForestsC.C.T. Continuous Contour TrenchC.D. Cross Drainage C.D.M. Clean Development Mechanism C.F. Conservator of ForestsC.P. Central ProvinceC.R. Criminal RulingCAMPA Compensatory Afforestation Fund Management & Planning AuthorityCAT Catchments Area TreatmentCDM Clean Development Mechanism CEA Central Electricity Authority CEC Central Empowered Committee Cl. ClauseCm. CentimeterCMPDI Central Mine Planning and Design Institute Cr.L.J. Criminal Law Journal Cr.P.C. Criminal Procedure CodeCWR Coppice With ReserveCZA Central Zoo AuthorityD.A. Dearness AllowanceD.F.O. Divisional Forest OfficerD/C Double CircuitDy.C.F. Deputy Conservator of Forestse.g. exempli gratia : latin phrase (for example)EGS Employment Guarantee SchemeEIA Environment Impact Assessment F.C.A. Forest Conservation ActF.I.R. First Information ReportF.P. Financial PublicationsF.R.A. Forest Rights ActF.S.O. Forest Settlement OfficerFDA Forest Development Agency FDCM Ltd. Forest Development Corporation of Maharashtra Ltd.FPC Forest Protection CommitteeFRL Full Reservoir LevelG.I. Government of India 133

G.N. Gazette NotificationG.R. Government ResolutionGIS Geographic information systemGOI Government Of IndiaGOM Government Of MaharashtraGovt. Government H HeightH.P. Himachal PradeshHa HectareHFL High Flood LevelHRD Human Resource Development HVDC High Voltage Direct CircuitI.A. Interlocutory applicationI.B.M. Indian Bureau of Minesi.e. id est : latin word (that is to say)I.F.A. Indian Forest Act I.F.S. Indian Forest Service I.P.C. Indian Penal CodeIAEPS Integrated Afforestation and Eco-Development Project SchemeICFRE Indian Council of Forestry Research and Education JFM Joint Forest Management JFMC Joint Forest Management CommitteeK.V. Kilo VoltsK.W. KilowattKm KilometerL LengthL & JD Law & Judiciary DepartmentL.J. Law Journal L.R.C. Land Revenue CodeLWE Left Wing Extremism M MeterM.D.R. Major District Roads M.E.D.A. Maharashtra Energy Development Agency M.P. Madhya PradeshM.S. Maharashtra StateM.T. Metric TonneMah. MaharashtraMB Mega ByteMDDL Minimum Draw Down Level MFM Maharashtra Forest ManualMFP Minor Forest Produce Mh. L.J. Maharashtra Law JournalMLRC Maharashtra Land Revenue CodeMoEF Ministry of Environment and ForestsMOU Memorandum of Understanding MW MegawattNAP National Afforestation Programme NBWL National Board of Wild LifeNEFT National Electronic Funds TransferNGO Non Governmental OrganizationNHAI National Highway Authority of IndiaNOC No Objection CertificateNotif. NotificationNPV Net Present ValueNTCA National Tiger Conservation Authority NTFP Non Timber Forest ProduceNTPC National Thermal Power CorporationO.D.R. Other District Roads 134

O.F.C. Optical Fiber CableOrd. OrderP.T. Percolation TankPA Protected AreasPCCF Principal Chief Conservator of ForestsPCCF (HoFF) Principal Chief Conservator of Forests (Head of Forest Force)PF Protected ForestsPFM Participatory Forest ManagementPIL Public Interest LitigationPMGSY Pradhan Mantri Gramin Sadak YojnaPWD Public Works DepartmentQ.R.P. Quinquennial Research ProgrammeR RuleR.A.C. Research Advisory Committee R.F.O. Range Forest OfficerR.L.A. Remembrancer of Legal AffairsRetd. RetiredRF Reserved ForestsRTGS Real Time Gross SettlementS or s SectionS.A.G. State Advisory GroupS/C Single CircuitSC Supreme Court SCI Selection Cum ImprovementSGVSY Samanvit Gram Vanikaran Samruddhi Yojana SO Statutory OrderSOI Survey Of IndiaSq.Km. Square KilometerSt. Order Standing OrderSub-Divn. Sub DivisionT.A. Transport AllowanceTP Transport Permit TST Transmission System TechnicianU.P. Uttar PradeshU/S Under SectionUT Union TerritoryV.R Village RoadsVol. VolumeVs/vs VersusW WidthW.P. Writ PetitionWL Wild Life

135