PUBLIC WORKS DEPARTMENT

CHAPTER 85

ORGANISATION, RULES AND ORDERS

654. The Public Works Department functions under the control of the Chief Engineer assisted by a number of Additional Chief engineers and other gazette officers at the head quarters in Lucknow. For administrative convenience, the State has been divided into different circles, each under the charge of a Superintending engineer, who supervises the works of the Divisional Officers (Executive Engineer). The Executive Engineers are responsible for the work of their Division and Engineers are responsible for the work of their Junior Engineers in the performance of their duties.

655. Building and Roads Manual. - The orders of Government in the Public works

Department are contained in the Manuals of Orders of that Department published in three volumes. Volume I consists of the rules and orders, Volume II the appendices and Volume III the forms in use in that Branch. Relations between Commissioners and District Magistrates and the Building and Roads Branch are set out in paragraphs 156 to 158 and District Officers should also be acquainted with the contents of Chapter V of that Manual.

656. Electric installations in Government buildings.- For rules regarding electric installations

in Government buildings, reference may be made to paragraphs 277 of the Financial Handbook, Volume V,Part I, and paragraph 286 of Volume VI, as also to Appendix 20 in Volume II of the Manual of Orders of the Buildings and Roads Branch.

657. Prevention and removal of encroachments on Public Roads - Construction of building

and other structures in a manner which encroaches on road and land not only results in traffic congestion and inconvenience to road user; but also increase the risk of accidents from motor vehicles by allowing direct access. Hence officers of Public Works Department inspecting their roads will be particularly careful to take prompt notice of any encroachment on road boundaries which will be immediately reported to the Divisional Executive Engineers concerned in whose division the encroachment has occurred. Thereafter responsibility for removing the encroachment rests with the Executive Engineers who have been appointed by the Government as Prescribed Authorities under the provisions of the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (U.P. Act no. of 1972). If any obstruction is offered or is, in the

in the opinion of the Prescribed Authority, likely to be offered to the taking possession of any public premises under the said Act, in this behalf may obtain necessary police assistance as laid down in rule 6 of the U.P. Public Premises (Eviction of unauthorized Occupants) Rules, 1972.

It is essential that encroachments should be detected and removed as soon as

possible and hence the local Public Works Department staff should be directed to ascertain and report encroachments which may come to their notice during their inspections. The supervisory staff should also be asked to verify during their inspections that this duty is being performed, and in every case detected, effective steps should be taken to prevent and remove encroachments on public roads by the judicious use of the provisions of the existing law. Executive Engineers should see that this direction is heeded. G.O.N0. 577-c/ XXIII- A,dated July 15, 1952.

658. Maintenance of roads by local bodies. - Local bodies are require to keep roads hands over to them by Government in goods order and to maintain them at the same level as they were maintained by the Public Works Department or if possible improve them further and in no case should roads be allowed to deteriorate. It is expected that local bodies will receive the co- operation of village panchayats and local bodies will receive the co-operation of village panchauats and local people should be able to maintain and improve these roads at a cost much less below than that spent by the Public Works Department ; hence is should be possible for them to savemoney for use other roads and other useful purposes.

G.O.N0. 13640/ XXIII-38 R-51, dated May 2, 1951

659. Debits for acquistion of land by railway.- Delay should not occur in the rai- debits against the railways in connection with the acquisition of land for railway sing of purposes. This is necessary as budgets are framed on a dated yearly basis and if pay- ments are not made quickly the funds provided will lapse. District Officers should, therefore, ensure that all such debits for acquisition of land for railways are invariably raised very promptly.

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CHAPTER 86

MAINTENANCE AND OCCUPATION OF CIRCUIT HOUSE

660. Control of Circuit Houses – The Government Circuit House is a Public Works Department building and is in the direct charge of the Executive Engineer of the district concerned in respect of the grounds, the building and all its equipment. The granting of permission for occupation will, however, be under the control of the Collector of the district, who will be in general supervisory charge. Correspondence by the Public Works Department Officers to higher authority should be addressed through him in respect of the care of the building, its content and grounds.

G.O. no 3907 (3)/ III, dated July 23, 1948.

661.(a) These Circuit Houses are intended for the use of the President, the Rajyapal, Uttar Pradesh, and the head of any other State and the Members of Government when on tour. The following Civil and Military Officers may occupy a house free of rent on due notice being sent to the Collector of the district, but they will be liable to be asked to vacate it if it is required by President, the Rajyapal or a Member of Government.

(b) An officer permitted to use the house may be accompanied by his secretary, personal assistant, or other staff traveling with him on duty:

A-Civil Officers

(a) Officers of the Uttar Pradesh Government;

(1) The Chief Justice and Judges of the High Court.

(2) The Chairman of the Legislative Council and the Speaker of the Legislative Assembly.

(3) The Chairman of a Committee of Vidhan Sabha.

(4) Chairman, Board of Revenue.

(5) Commissioner of a division (in the case of Circuit Houses situated elsewhere than his headquarters).

(6) All Parliamentary Secretaries to Government.

(7) All Secretaries to Government.

(8) Deputy Inspectors General of Police.

(b) 1. High Officers of the Government of India.

2. Post Master General, U.P. Circle.

3. Director of Telegraphs, U.P. Circle.

4. Controller of Emigrant Labour. (c) Officers of other State Governments:

1. Ministers of other State Government.

2. Income Tax Commissioner, Uttar Pradesh and Madhya Pradesh.

3. Collectors, Central Excise and Salt, North-Western India and North- Eastern India.

B -Military Officers

(1) The General Officer; Commanding-in-Chief, Eastern and Southern Armies and Central Command.

(2) Officer Commanding, Lucknow District (in the case of circuit houses situated in his Command).

(3) Brigadiers, General Staff, Assistant Quartermasters General, Brigadier, Royal Artillery and Chief Engineer, Eastern Army and Central Command.

(4) Officers Commanding, Lucknow, Dehra Dun, Meerut, Allahabad and Bareilly Areas and Administrative Commandant, Jhansi (in the case of circuit houses situated in their respective areas).

(5) Controllers of Defense Accounts, Eastern Army and Central Command.

(6) The Inspector, Indian Army Service Corps.

662. In exceptional cases, when gazetted officers are summoned on public duty from outside station or are placed by the State Government on special duty, which involves a visit to the station in which the circuit house stands they may, for the period of duty, use such rooms as the Collector may allot for the purpose ; provided that such an officer shall not have a right to the use of circuit house or any portion thereof in preference to the officers enumerated in paragraph 661.

663. Applications for accommodation in a circuit house may not be made more than one month before the date on which it is required. The Collector will allot accommodation to each applicant according to priority of application. If more than one application is received at the same time, preference will be given to the senior officer. During periods for which a circuit house is required by the Chief Justice of the High Court, or the Chairman Board of Revenue the Collector shall not allot accommodation to other officers without the approval of these officers.

664. A circuit house may not be occupied by an officer for more than ten days at one time.

665. Officers stationed at places where circuit houses exist are absolutely prohibited from using them except with the express sanction of the Government.

666. (1) The table linen, cutlery, crockery, lamps, etc. are for the use of the officers occupying the house. The charge for the washing of the table and bed linen used by persons occupying Government Circuit House will be Rs. 1 per week for one person and Rs. 2 per week for a party of two or more persons if they use the linen. Breakages which occur during the occupation of the house by an officer should be reported by him to the Executive Engineer who will bring the matter to the notice of the Collector.

(2) A charge of Rs. 2 per day will be realized from all officers occupying a circuit house or any portion of it.

667. Leveling, where necessary, laying out and fencing the grounds in the first instance, and providing a well or wells will be carried out by the Public Works Department.

668. The Public Works Department will repair the buildings and out houses and maintain the approach toads, the wells, the gates, walls and fences.

669. The charge for furniture is debatable to the Public Works Department. The Executive Engineer will correspond through the Collector to see that due provision is made to meet charges for replacements and renewals as necessity arises. The services of the Public Works Department staff will be available and any outlay incurred in connection, therewith will be debited to the Public Works Department.

670. A register of the furniture, carpets, crockery, cutlery, table linen, etc. will be kept by the Executive Engineer, showing- (1) each article, (2) date of purchase and authority sanctioning the same, (3) cost, (4) condition on date of verification each half year, (5) remarks.

671. The servants employed and paid by the Executive Engineer with the sanction of the Government are-

a. On the building:

One bearer. One Khansama. One Chaukidar. One Sweeper.

a. On the grounds: Gardener. Coolies.

672. The cost of the establishment and the charges for maintaining the garden will be provided by the Public Works Department and incorporated in the Public Works Department budget.

673. The Executive Engineer is responsible that the grounds are maintained in proper order. Beds of flowers should be laid out, trees and shrubs planted and lawns kept up where possible, in the neighborhood of the house. The Collector will be responsible for making inspections to see that the building and grounds are properly maintained.

674. The compound and servants houses must be kept scrupulously clean, and inspected periodically to see that no screens of grass, matting, etc. are put up; that no unauthorized additions are made to the out houses, that no outsiders live in the compound and that no goats or other animals are kept therein.

G.P.W.- 9 (Revised)

GENERAL P.W. NO. 9 CHAPTER:VII, PARA 371

GENERAL CONDITIONS OF CONTRACT

(1) The “Contract” means the documents forming the tender and acceptance there of and the formal agreement executed between the Governor of Uttaranchal and the Contractor, together with the documents referred to therein, including these conditions, the specifications, designs, drawings and instructions issued from time to time by the Engineer-in-charge and all these documents taken together shall be deemed to form one contract and be complementary to another.

(2) In the contract the following expressions shall, unless the context otherwise requires, have the meanings herewith respectively assigned to them:-

(a) The “WORKS OR WORK” shall, unless there be something either in the subject or context repugnant to such construction, shall be construed and taken to mean the works by, or by virtue to the contract contracted to be executed, whether temporary or permanent and whether original, altered, substituted or additional.

(b) The “SITE” shall mean the land and /or the other places on, into or through which work is to be executed under the contract, or any adjacent land, path or street, through which work is to be executed under the contract, or any adjacent land, path or street, which may be allotted or used for the purpose of carrying out the contract.

(c) The “CONTRACTOR” shall mean the individual or firm or company, whether incorporated or not, undertaking the works and shall include the legal personal representatives of such individuals or the persons composing such firm or company, the successor of such firm or company and the permitted assign of such individual or firm or company.

(d) The “GOVERNOR” shall mean the Governor of Uttaranchal, his successors or assigns.

(e) The “ENGINEER-IN-CHARHE” shall mean the Divisional Officer, the Distt. Engineer, the S.D.O. or the Assistant Engineer, as the case may be, who shall supervise and be in-charge of the work.

(f) The “GOVERNMENT” shall mean the Government of Uttaranchal. (g) The “CHIEF ENGINEER” shall mean Chief Engineer, P.W.D., U.A. and

includes an Additional Chief Engineer, P.W.D., U.A.

(h) “ESTIMATED COST” shall mean the cost of the word or works as estimated on the basis of the ‘TENDERED’ rate or rates agreed to between the parties to the contract.

(i) The “DEPARTMENT” shall mean the Public Works Department, U.A. Words importing the singular number and vice versa.

SECURITY DEPOSIT

The contractor shall permit Government at the time of making any payment to him for work done under the contract to deduct such sum on account of security deposit as along with the already as earnest money will amount.

(I) In the case of works estimated to cost up to Rs. 1,00,000 to 10% of the estimated cost & (II) In the case of works estimated to cost more than Rs. 1,00,000/- and up to Rs. 2,00,000/- to 10% on the first Rs. 1,00,000 and 7½% on the balance and

(III) In the case of works estimated to cost mote than Rs. 2,00,000 to 10% on the first

Rs. 1,00,000 7½% on the next Rs. 1,00,000 and 5% on the balance unless he is/they are exempted from payment of security deposit in individual cases of has/have deposited the amount of the security at the rates mentioned above in cash or in the form of Government securities or Fixed Deposits Receipt or Guarantee bonds of any scheduled band in India.

If the security is furnished in the form of guarantee bonds, the contractor undertakes to renew to furnish fresh guarantee to cover the period of time extensions, if any, and failures in his part to do so shall be construed as a breach of this contract and, without prejudice to any other remedy provided in these conditions, the Engineer-in-charge shall have the right to withhold payment and deduct the entire security amount from any moneys becoming payable to the contractor.

The amount of the security money shall, if not withheld on account of breach of contract, be refunded after one year of the date of the completion of the work or after payment of the final bill, whichever is later.

Provided that in case the payment of final bill is not made within six months of the completion of the work, 75% of the amount of the security money can be refunded with the prior approval of the authority next higher to the person accepting the contract on behalf of the Government.

All compensation or other sum of money payable by the contractor to Government under the terms of his contract may be deducted from, or paid by the sale of a sufficient part of his security deposit, or from the interest arising there from of from any sums which may be due or may become due to the contractor by Government or any account whatsoever, and in the event of his security deposit being reduced by reason of any such deduction or sale as aforesaid, the contractor shall within ten days there after make good in cash or Government securities endorsed as aforesaid any sum or sums which they may have been deducted, from or raised by sale of his security deposit or any part thereof. Please also see closes 103 page 359 section:- Bill of quantities.

CLAUSE 2 COMPENSATION FOR DELAY: The time allowed for carrying out the work as entered in the tender shall be

strictly observed by the contractor and shall be reckoned from the date on which the order to commence work is given to the contractor. The work shall through out the stipulated period of the contract be proceeded with all due diligence (time being deemed to be the essence of the contract on the part of contractor) and the contractor shall pay as compensation an amount equal to one percent for such smaller amount as the authority next higher to the officer accepting the contract on behalf of the Govt. (Whose decision in writing shall be final) may decide on the amount of the estimated cost of the whole work shown by the tender for every day that the work remains un-commenced or unfinished after the proper dates. And further, to ensure good progress during the execution of the work, the Contractor shall be bound, in all cases in which the time allowed for any work exceed one month, to complete one fourth the value of the whole of the work within 1/4 months from the date of written order to commence the work one half the value of the work within 1/2 months from such date and three fourth the value of the word within 3/4 month from such date. In the event of the contractor failing to comply with this condition he shall be liable to pay as compensation an amount equal to one percent, or such smaller amount as the authority next higher to the officer accepting the contract on behalf of the Government. (Whose decision in writing shall be final) decide on the said estimated cost of the whole work for every day that due quantity if the work remains incomplete. Provided that before taking action under this clause the officer accepting the contract on behalf of the Government, shall give a notice of 15 days in

writing to the contractor and provided always that the entire amount of compensation to be paid under the provisions of this clause shall not exceed the maximum amount of security as specified in clause 1. To be stick off in all cases when the time allowed for completion does not exceed one month.

CLAUSE 3 Action When whole of security is deposit is forfeited

The officer accepting the contract on the Government or the engineer-in-charge shall the power, without prejudice to his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damage in respect of any breaches of the contract and without prejudice to ‘any rights or remedies under any of the provisions of this contract or otherwise whether the date for completion has or has not elapsed by notice in writing; to determine the contract in any of the following cases:-

(a) If the contractor having been given by the Engineer-in-charge a notice in writing (which notice under the hand of the Engineer-in-charge or communicated through the Sub-Divisional Officer/Distt. Engineer/Assistant Engineer shall be conclusive evidence) to rectify, reconstruct or replace any defective work or any work damaged by any reason whatsoever or that the work is being performed in any inefficient or otherwise improper or un-workmanlike manner, shall omit to comply with the requirements or such notice for a period of seven days of such notice or if the Contractor shall delay or suspend the execution of the work so that either in the judgment of the Engineer-in-charge (which shall be final and binding) he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by that date.

(b) If the contractor being a company shall pall a resolution or the Court shall make an order that the company shall be bound up or if a receiver or a manager on behalf of a creditor shall be appointed or if circumstances shall arise which entitled the court or creditor to appoint a receiver or Manager or which entitle the court to make a winding in order.

(c) If the contractor commits breach of any of the terms and conditions of this contract other than those mentioned in Sub-Clause (a) above.

(d) If the contractor commits any facts mentioned in clause 21 hear of. (2) When the contractor has made himself liable for action under any of the cases aforesaid, the

officer accepting the contract on behalf of the Govt. or the Engineer-in-Charge shall have powers to adopt any one or more of the following courses as be may deem best suited to the interest of the Govt.

(i) To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor under the hand of the Engineer in-charge or communicated through the S.D.O./Distt. Engineer/Assistant Engineer, shall be conclusive evidence). Upon such determination or rescission the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the Govt.

(ii) To employ labour paid by the department and to supply materials to carry out the works or any part of the work debiting the contractor with the cost of the labour-and the price of the materials (of the amount of which cost and price the certificate under the hand of the Engineer-in-Charge or communicated through the Sub-Divisional Officer/Distt. Engineer/Asstt. Engineer shall be final and conclusive against the contractor) and crediting him with value of the work done in all respects in the same manner and at the same rates as if it had been carried out by the contractor under the terms of his contract. The certificate of the Engineer-in-Charge as to the value of the work done shall be final and conclusive against the Contractor, provided always that action under this Sub-clause shall only be taken after giving notice in writing to the Contractor. Provided also that if the expenses incurred by the Department are less than the amount payable to the contractor at his agreement rates, the difference shall not be paid to the contractor.)

(iii) After giving notice to the contractor to measure-up the work of the Contractor and to take such part there of as shall be unexecuted out of his hands and to give it to another contractor to complete in which case any expenses which may be incurred in excess of the sum which would have been paid to the original contractor if the whole work had been executed by him (of the amount of

which excess the certificate in writing of Engineer-in-Charge shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by the Government under this contract or any other account whatsoever of from his security deposit or the proceeds of sales there of or sufficient part thereof as the case may be.

3. In the event of any one or more of the courses mentioned in Sub-Clause (2) above being adopted by the Engineer-in-charge the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered in to any engagement or made any advances on account or with a view to the execution of the work for the performance of contract. And in case action is taken under any of the provisions aforesaid, the contractor shall not be entitled to recover or be paid any sum for any work there of and certified in writing the performance of such work and the value payable in respect there of and he shall only be entitled to be paid the value so certified.

CLAUSE 4 Contractor remains liable to pay com- pensation if action not Clause 3

In any case in which any of the powers conferred upon the officer accepting the contract on behalf of the govt. or the engineer-in-charge by clause 3 hereof shall have be- exercisable and the same are not exercised, the non exercise thereof shall not constitute a waiver of any of the conditions hereof, and such power shall not with stan-ding be exercisable in the event of any future case of default by the contractor for which by any clause or clauses hereof he is declared liable to pay compensation and the taken under liability of the contractor for past and future compensation shall remain unaffected. In the event of the Engineer-in- charge putting in force all or any of the powers vested in under the preceding Clause; the Engineer-in-charge may if he so desires, take possession of all or any tools, plant, materials or land stores, in or upon the works or the site there of or belonging to the contractor or procured by him intended to be used for the execution of the work or any part there of, paying or allowing for the same in account at the contracts rates or in the case of there not being applicable, at current market rates to be certified by the Engineer-in-charge whose certificate thereof shall

Power to take Possession of require removal or to sale contrac-tor’s plant.

be final, otherwise the Engineer-in-charge may by notice in writing to the contractor or his clerk of the works, foreman or other authorised agent require him to remove such tools, plants materials or stores from the premises (within a time to be specified in such notice), and in the event of the contractor failing to comply with any such re-quisition, the Engineer-in-charge may remove at the contractor’s expense and at his risk in all respect, and the certificate of the Engineer-in-charge as to the expense of any such removal and the amount of the proceeds and expense of any sale shall be final and conclusive and conclusive and against the contractor.

CLAUSE 5 Extension of time

If the contractor shall desire an extension of the time for completion of the work on the grounds of this having been unavoidable hindered in its execution, or any other grounds, he shall apply in writing to the officer accepting the contract on behalf of the govt. through the engineer in charge and a copy there of is sent to the engineer in charge with 30 days of the date of the hindrance on account on behalf of the government, hall if in his opinion (which shall be final) reasonable grounds be shown therefore, authorise such extension of time, if any, should be may, in gis opinion, be necessary or proper, provided that the extension of time should be limited to 50% of the total period of the contract of time should be months. The cases of extension of time beyond the said period shall be submitted to the authority next higher to the officer accepting the contract on behalf of the govt. provided always that if the contractor continues to perform the work beyond the date of completion or the extended date, as the case may be, without obtaining approval for extension as aforesaid the right of the govt. to claim compensation under clause 3 shall not be deemed to have been waived.

CLAUSE 6 Final

On completion of the work the contractor shall send registered notice to the Engineer- in-charge giving the date of Completion and sending a copy of it to the officer

Certificate. accepting the contract on behalf of the govt. and shall request the engineer-in-charge to give him a certificate of completion but no such certificate shall be given nor shall the work be considered to be complete until the contractor shall have removed from the site, on which the work shall be executed, all scaffolding, surplus materials and rubbish, and cleaning off the dirt from all wood work, doors, window, walls, floors or others parts of any building in, upon or about which the work is to be executed, or of which he may have/had possession for the purpose of the execution there of, and he has filled up the pits, if the contractor shall fail to completion of the work, then engineer-in-charge may at the expense of the contractor remove such scaffolding, surplus materials and rubbish and cleaning off dirt and filling of pits on or before the date fixed for the completion of the work then engineer-in- charge may at the expense of the contractor remove such scaffolding, surplus materials, and the rubbish and dispose off the same as he think fit, and clean of such dirt and fill the pits as aforesaid, an the contractor shall forthwith pay the amount of off expenses so incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realized by the sale there of. On completion the work shall be measured by the engineer-in-charge himself or contractor. Provided that if subsequent to the taking of measurements by the subordinates as aforesaid the engineer-in-charge had reason to believe that the measurements taken by his subordinates are not correct the engineer-in-charge shall have the power to cancel the measurements already taken by his subordinates and acknowledged by the contractor and to take measurement again after giving reasonable notice to the contractor and such remeasurement shall be binding on the contractor (ten days will apply towards at the headquarter of engineer in charge and thirty days for works at other places.) delete whichever not applicable.

Within ten/thirty days of the receipt of the notice the engineer-in-charge shall inspect the work and if there is visibly no defect on the face of the work, shall give the contractor a certificate of completion. If the engineer-in-charge finds that the work gas been fully completed, it shall be mentioned in the certificate so granted. If on the other hand, it is found that there are certain visible defects to be removed, the certificate to be granted by the engineer-in-charge specifically mention the details of the visible defect along with the estimate of the cost for removing these defects. The final certificate of completion of work shall be given after visible defects pointed out above have been removed.

CLAUSE 7 Payments on Inter mediate Certificate to be regarded as advanced

No payment shall be made for works estimated to cost less than rupees one thousand till after the whole of the works shall have been completed and a certificate of completion given. But in the case of works estimated to cost more than Rupees one thousand, the contractor shall, on submitting the bill thereof be entitled to receive a monthly payment proportionate to the part there of then approval and passed by the Engineer-in-charge whose certificate of such approval and passing of the sum so payable shall be final and conclusive against the contractor. But all such intermediate payments shall be regarded as payments by way of advance against the payment only and not as payments for word actually done and shall not preclude the requiring of bad unsound and imperfect or unskilled works to be removed and taken away and reconstructed or reelected or it shall not be considered as an admission of the due performance of the contract or any part thereof in any respect to the accruing of any claim, of shall conclude determine or effect in any way the powers of the Engineer-in-charge under these conditions or any of them as to the final settlement and adjustment of the accounts or otherwise or in any other way vary or affect the contract. The final bill shall be submitted by the contractor within one month of the date fixed for completion of the work or on the date of the certificate of completion furnished by the Engineer-in-charge and payments shall be made within three months of the submission or such bills if the amount of the contract plus that of the additional items is up to Rs.2 lakh and in six months if the same exceeds Rs.2 lakhs. If there shall be any

dispute about any item or items of the work than the undisputed item or items only shall be paid within the said period of three months or six months as the case may be. The contractor shall submit a list of the disputed items within 30 days from the disallowance there of and if he fails to do so, his claim shall be deemed to have been fully waived and absolutely extinguished.

CLAUSE 8 Bills to he submitted MONTHLY

A bill shall be submitted by the contractor each month on or before the date fixed by the Engineer-in-charge for all works executed in the previous month and the Engineer-in-charge shall take or cause to be taken the requisite measurement for the purpose of having the same verified, and the claim as far as admissible, if possible before the expiry of ten days from the presentation of the bill of days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may get the said work measured up in the presence of contractor, whose counter signature to the measurement list will be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list which shall be binding on the contractor in all respects.

CLAUSE 9 Contactor to be given a week to file objection to the measurements recorded by the department

Before taking any measurement of any work as has been referred to in clauses 6.7 and 8 here of, the engineer-in- charge or a subordinate deputed by him shall give reasonable notice to the contractor. If the contractor fails to attend at the time of measurements alter such notice or fails to countersign or to record the difference within a week from the date of measurements in the manner required by the engineer-in-charge then and in any such event the measurements taken by the subordinate deputed by him as the case may be shall not withstanding the provision in clause 8 be final and binding on the contractor and the contractor and the contractor shall have no right to dispute the same.

CLAUSE 10 Bills to be on printed forms.

The contractor shall submit all bills on the printed forms to be had on application at the office of the Engineer-in-charge and the charges in to the bills shall always be entered at the rates specified in the tender or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender at the rates herein after provided for such work.

CLAUSE 11 Stores supp-lied by go-vernment

If the specification or estimate of the work provides for the use of any special description of materials to be supplied from the Engineer-in-charge’s store or if it is required that the contractor shall use certain stores to be provided by the Engineer-in-charge (such materials and stores and the prices to be charged therefore as thereinafter mentioned being so far as practicable for convenience of the contractor, but not so as in any way to control the meaning or effect of this contract, specified in the Schedule or memorandum here to annexed) the contractor shall be supplied with such materials and stores as are required from time to time to be used by him for the purposes of the contract only, and the value of the full quantity of materials and stores so supplied at the rates specified in the said schedule or memorandum may be set off or deducted from any sums then due, or thereafter to become due, to the contractor under the contract or otherwise or against or from the security deposit, the same or a sufficient portion thereof being in this case sold for the purpose. It shall be responsibility of the contractor to ascertain from time to time from the Engineer-in-charge about the position of the availability of the materials as afore mentioned and any delay on the part of the Engineer-in-charge to arrange supplies of the same shall not entitle the contractor to any compensation but in the event of all such delays the contractor shall be granted reasonable extension of time. All materials supplicd to the contractor shall be are the property of the contractor, but not on any account be removed from the site of the work, except with the written permission of the engineer-in charge under his orders and shall at all times be open to inspection by the engineer in charge. Any such materials unused and in perfectly good condition at the time of the completion or determination of the contract may, by special arrangement, be taken over by government at the prevailing market rates, if required for use on other works in progress

provided that the price allowed shall not exceed the amount charged to the contractor. CLAUSE 12 Work to be Executed in Accordance with specifi-cation, drawings, orders. etc.

The contractor shall execute the whole and every part of the work in the most substantial and workman like manner and both as regards materials and otherwise in every respect in strict accordance with the specifications. The contractor shall also confirm exactly, fully and faithfully to the designs drawings and instructions in writing relating to the work signed by the Engineer in charge and lodged in his office. And to which the contractor shall be entitled to have access to such office for the purpose of inspecting during office hours, and the contractor shall be furnished free of charge one copy of the specifications and of all such designs, drawings and instructions as are not included in the detailed P.W.D. specifications on general specifications referred to elsewhere in the contract.

Clause 13 Alteration in specification and designs.

The Engineer-in-charge shall have power to make any alteration in omissions from additions to or substitution for the original specification, drawing, designs and instruction that may appear to him to be necessary during the progress of the work and contractor shall carry out the work in accordance with any instructions which may be given to him in writing signed by the Engineer-in-charge and such alterations omissions, additions or substitutions, shall not invalidate the contractor

Do not Invalidate contract

arid any altered, additional or substituted work which the contractors may be delivered to do in the manner above specified as part of the work shall be carried out by the contractor by the same conditions in all respects on which he agreed to do the main work. The time for the completion of the work

Extension of time in cons-equence of alteration.

shall be extended in the proportion that the altered additional or substituted work bears to the original contractor work, and the certificate of the Engineer in charge shall be conclusive as to such proportion

Over and above this further period to the extent of 25 percent of the time so extended may be allowed to the contractor. The rates for such additional, altered or substituted work under this clause shall be worked out in accordance with the following provisions in their respective orders:

(i) If the rates for the additional, altered or substituted work are specified in the contract for the work, the contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract for work.

(ii) If the altered, additional or substituted work includes any work for which be rates are specified in the contract for the work or can not be derived from the similar class of work in the contract then such work shall be carried out at the rates for Dehradun district/minus/plus percentage which the total tendered amount bears to the estimated cost of the entire work put to tender.

(iii) If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work the rates will be derived from the rates for similar class of work as are specified in the contract for the work.

(iv) If the rates for the altered, additional or substituted work can not be determined in the manner specified in such clause (i) to (ii) above, then the rates for such work shall be worked out on the basis of the schedule of rates of the District specified above minus/plus the percentage which the total tendered amount bears to the estimated cost of the entire work put to tender provided always that if the rate for a particular part of the item is not

in the schedule of rates, the rates for such part or parts will be determined by the officer accepting the contract on behalf of the government on the basis of prevailing rates when the work was done.

(v) If the rates for the altered, additional or substituted work can be determined in the manner specified in the sub clause (i) to (iv) above than the contractor shall within 7 says of the date of receipt of the order to carry out the word, inform the officer accepting the contract on behalf of the Government of the rate which it is his intention to charge for such class of work supported by analyses of the rate or rates claimed and the Superintending Engineer shall determine the rate or rates on the basis of the prevailing marker rates and pay the contractor accordingly however, the officer accepting the contract on behalf of the Government by notice in writing will be at liberty to cancel his order to carry out such class of work and arrange to carry out it in such manner or as may consider available. But under no circumstances, the contractor shall suspend the work on the plea of nonsettlement of rates of items, falling under this clause.

The rates under sun clause (i), (ii) & (iii) shall be worked out by the officer accepting the contract on behalf of the Govt.

Clause 14 No compen-sation for alteration in or restriction of work to be carried out.

If at any time after the commencement of the work the Govt. of U.P. or the Chief engineer shall for reason whatsoever nor require the whole there of as specified in the tender to be carried out, the engineer in charge shall give notice in writing of the fact to the contractor who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage, which he might have derived from the execution of the work not having been carried out, neither shall he have any claim for compensation by reason of any alterations having been made original specification, drawings, designs and instructions which shall involve any curtailment of the work as originally contemplated nor shall he have any claim to compensation by reason of his having purchased or procured or procured materials with a view to execution of the work or the performance of the contract. But the Engineer in charge, shall have the option either to take over the materials at site, if approved quantity and not in excess of the requirements of the work and to pay to contractor the actual cost there of (of the amount of which cost, a certificate by the Engineer in charge shall be binding on the contractor). In the event of this option not being exercised, the contractor may submit to the engineer in charge within one month of the date of the order closing down the work a detailed statement of the loss that he estimates he will sustain by removing, selling or disposing of the materials. The estimate will be forwarded to the chief engineer who will decide what sum, if any, should as a matter of grace be paid to the contractor to compensate him for the loss suffered by him, and the decision of Chief engineer shall be final and binding on the contractor.

Clause 15 Action and Compensation Payable in case Of bad work.

If shall appear to the engineer in charge or his subordinate in charge of the work, that any work has been executed with unsound, imperfect or unskilled workmanship or with material of any inferior description or that any materials or articles provided by him for the execution of the work are unsound or of a quality inferior to that contracted for or otherwise not in accordance with the contract, shall on demand in writing from the Engineer in charge specifying the work, materials or articles complained of not with standing that the same have been inadvertently passed, certified and paid for otherwise rectify or removed and reconstruct the work so specified in whole or in part, as the case may require, or as the case may be, remove the materials or articles so specified and, provide other proper and suitable materials or articles at his own proper charge and cost, and in the event of his tailing to do so within a period to be specified by the engineer in charge in his demand aforesaid, then the contractor shall be liable to pay

compensation at the rate of the one percent on the estimate for every day not exceeding ten days, while his failure to do so shall continue and in the case of any such failure the Engineer in charge may rectify or remove and re-execute the work or remove and replace with other materials or articles complained of at the case may be at risk and expense in all respect of the contractor.

CLAUSE 16 Acceptance of substandard work and causing tech-nical exami-nation of work

Government shall have the right at accept at reduced rate, sub standard or of defective work and to cause an audit and technical examination of the works, and the running and final bills of the contractor including vouchers, abstract etc, to be made before or after the payment of the final bills and, if as a result of such acceptance of sub standard or defective work, audit and examination, any sum is found to have been over paid in respect, of any, work done by the contractor under the contract or any work claimed to have been done him under the contract, but found not to have been actually executed, to the contractor shall be liable to refund the amount of the over payment and it shall be law-full for Government to recover the same from him in the manner prescribed in clause (1) above or in any other manner legally permissible, and if it is found that the contractor was paid less then what was due to him under the contract in respect of any work executed by him under it, the amount of such under payment may be duly paid by Government to the contractor.

Provided that the substandard or defective work accepted is not considered to be seriously defective by the Engineer in charge and the rate of the work so accepted is suitably reduced by him to compensate the Government, and such reduction is binding on the contractor.

CLAUSE 17 Work to be open to inspection. Contractor or responsible to be present

All works under or in the course of execution & executed in pursuance of the contract shall at all times be open to the inspection and supervision of the Engineer in charge and his subordinates, and the contractor shall at all times during the usual working hours, and at all other time, at which reasonable notice of intention of the Engineer in charge or his subordinate to visit the works shall have been given to the contractor, either himself be present to receive order and instruction, or have a responsible agent duly accredited in writing present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself.

CLAUSE 18 Notice to be given before work is covered up.

The contractor shall give not less than five days notice in writing to the Engineer in charge or his subordinate in-charge of the work before covering up or otherwise placing beyond the reach of measurement any work in order that the same may be measured and correct diminution there of be taken before the same is so covered up or place beyond the reach of measurement and shall not covered up place beyond the reach of measurement any work without the consent in writing of the Engineer in charge or his subordinate in-charge of the work, and if any work shall be covered up or place beyond the reach of measurement without such notice having been given or consent obtained the same shall be uncovered at the contractors expense or in default there of no payment on allowance shall be made for such work or the materials with which the same was executed.

CLAUSE 19 Contractor liable for damage done& for imperfections for sex months

If the contractor or his work people or servants hall deface injure or destroy any part of a building or in which they may be working or any building, road, fence, enclosure or grass land or cultivated ground contiguous to the premises on the work while in progress from any cause whatever or any defect, shrinkage or other faults appears in it within six months after a certificate final or otherwise of its completion after certificate shall have been given by the engineer in charge as aforesaid the contractor shall make the same good by other workmen and deduct the expense (of which the certificate of the engineer in charge shall be final) from any sums that may then or at any time there after, become due to the contractor portion there of or in any other manner legally, permissible.

CLAUSE 20 Contractor to supply plant. ladders, scaffolding etc.

The contractor shall supply at his own cost all materials (except such special materials, if any, as may in accordance with the contract be supplied from the Engineer in charges stores) plant, tools, appliance, implements, ladders, cordage, tacle, scaffolding and temporary works requisite fort he proper execution of the work, whether original, altered or substituted and whether including in the specifications or other documents forming part of the contract or referred to in these conditions or not, which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer in charge as to any matter as to which under

Damages for among from non provision of light fencing etc.

these conditions he is entitled to be satisfied or which he is entitled to require, together with carriage therefore to and from the work. The contractor shall also supply without charge the requisite number of persons with the means and materials necessary for the purpose of setting out works, and counting, weighing and assisting in the measurement or examination at any time and from time to time of the work or materials. Failing his so doing the same may be provided by the Engineer in charge at the expense of the contractor and the expenses may be deducted from any money due to the contractor under the contract, or from his security deposit or the proceeds of sale there of, or a sufficient portion thereof. The contractor shall also provide all necessary fencing and lights required to protect the public from accident and shall be bound to bear the expense of defense of every suit, action or other proceeding at low that may be brought by any person for injury sustained owing to neglect of the above precautions, and to pay any damages and cost which may be awarded in any such suit action or proceeding to any such person or which may with consent of the contractor be paid to compromise any claim by any such person. If any equipments is issued departmentally rent will be recovered from the contractor’s bills at current rates fixed by the chief engineer the terms of such issued to be as curtained by the contractor from the engineer in charge in writing in advance.

CLAUSE 21 Work not to be sublet

The contract shall not be assigned without the written approve of the officer accepting the contract on behalf of the Government. And if the contractor shall as-sign or sublet his contract or attempt to do so or become insolvent or commence any insolvency proceeding or make any composition with his creditors or attempts to do so if any bribe, gratuity, gift, loan, perquisite

Contractor may be resc-ind and secu-rity deposit forfeited for subletting, bribing or if contractor becomes in-solvent.

reward or advantage pecuniary or otherwise. Shall either directly or indirectly, be given promised or offered the contractor or any of his servants of agents, to any public officer or person in the employ of Government in any way relating to his officer or employment or if any such officer or person shall become in any way directly or indirectly interested in the contract, the officer accepting the contract on behalf of the Government may thereupon by notice in writing rescind the contracts, and the security deposit of the contractor shall there upon stand for feted and the absolutly at the deposal of Government and the same consequence shall ensue as if the contract had been rescinded under clause 3 hereof, and in addition the contract shall not be entitled to recover or be paid for any work there to fore actually, performed under the contract.

CLAUSE 22 The contractor shall not for the execution of the work employ any labour under 18 years of age and, with the limits of any cantonment, any female labourer. For every breach of this convenient the contractor shall be liable to pay by way liquidated damage such sum not exceeding fifty rupees as the Engineer in charge, may fix and the Engineer in charge may recover such sum by deduction from any sums which may due, or may at any time thereafter become due to the contractor:

CLAUSE 23 (a) The contractor shall pay to his labourers a fair wage and shall supply every labour employed by him with a wage card on which the rate of wages, the attendance and payment will be entered.

(b) The contractor before he commences work shall paste in a conspicuous place of the work a notice giving the wage which shall not be less than the minimum wages applicable and where no minimum wages are applicable the wage will be such as may be certified as fair wages by the Engineer in charge and shall send a copy of the notice to the Engineer in charge.

CLAUSE 24 The contractor shall be bound by all statutory provisions with regard to the period

for which wages shall be paid and deduction from wages. CLAUSE 25 The contractor shall comply with all labour laws as applicable at the site of the work. CLAUSE 26 In respect of all labour indirectly or directly employed in the works for the

performance of the contractor’s part of this agreement, the contractor shall comply with or cause to be camped with all the direction issued by Govt. from time to time for the protection of health and sanitary arrangements for workers employed by the department and its contractors.

CLAUSE 27Maternity be-nefit rules forfemale wor-kers emplo-yed by contr-actors

Leave and pay during leave of all labour employed by the contractor shall be regaulated as follows.

To be struck off in all cases when the time allowed for completion does not exceed

one month.

(1) LEAVE

(i) In case of delivery, maternity leave not exceeding 6 weeks, 2 weeks, up to and including the day of delivery and 4 weeks following that day.

(ii) In case of miscarriage up to 3 weeks from the date of miscarriage, (2) PAY

(i) In case of delivery leave pay during maternity leave will be at the rate of the women’s average daily earning, calculated on the total wages carnet on the days when full time work was done during a period of 3 months immediately preceding the rate on which she gives notice that the expects to be confined or at the rate of seventy five paisa a day whichever is greater.

(ii) In case of miscarriage leave pay at the rates of average daily earning calculated on the total wages earned on the days when full time work was done during a period of three months immediately there of such miscarriage. (iii) Conditions for the grant of maternity leave.

No maternity leave benefit shall be admissible to a women unless she has been employed for a total period not less the 6 months immediately preceding the date on which the proceeds on leave.

In the event of the Contactor committing a default or breach of any of the provision of the P.W.D. direction to contractors for the protection of health and sanitary arrangement for the workers of furnishing any information or submitting or filling any statement under the provision of the above directions which is materially incorrect, the contractor shall without prejudice to any other liability pay to Govt. a sum not exceeding Rs.50/-for every default or breach, and in the event of the Contractor defaulting continuously in this respect, the penalty may be enhanced to Rs. 50/-per day each day of default subject to a maximum of 5% of the estimated cost of the work put to tender. The decision of the Engineer in charge shall be final and binding on the parties.

Should it appear to the Engineer in charge that the contractor is not properly observing and complying with the said directions of the protection of health and sanitary arrangements for work people employed by the contractor (herein referred as the said direction ), the Engineer in charge shall have power to give notice in writing to the contractor requiring that the said directions be complied with and the amenities prescribed therein be provided to the work people within a reasonable time to be

specified in the notice if the Contractor shall fail within the period specified in the notice to comply, with and observe the said directions and to provide the amenities to the work people as aforesaid the Engineer in charge shall have the power to provide the amenities herein before mentioned at the cost of the contractor. The contractor shall erect, make and maintain at his expense and approved standards all necessary huts and sanitary arrangements required for his work people on the site in connection with the execution of the work and if the same shall not have been erected or constructed according to the approved standards all necessary huts and sanitary arrangements required for his work people on the site in connection with the execution of the work and if the same shall not have been erected or constructed according to the approved standards, the Engineer-in-charge shall have power to give notice in writing to the contractor requiring that said huts and sanitary arrangement according to the approved standards within the period specified in the notice, the Engineer in charge shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards at the cost of the contractor.

CLAUSE 28 The contractor shall at his own cost provide his labour with a sufficient number of huts (hereinafter referred to as the exempt) of the following specification on a suitable plot be found to be approved by the Engineer in charge.

1.(a) The minimum height of each hut at the eye level shall be 7 feet and the floor area to be provided will be at the rate of the 30sq. feet for each member of the workers, family staying with the labourer.

(b) The contractor shall in addition construct suitable cooking places having a minimum area of 6x5 feet adjacent to the hut for each family.

(c) The contractor shall in addition construct temporary latrines and urinals for the use of the labours each on the scale of not less than four per each one hundred of the total strength separate latrines and urinals being provided for women.

(d) The contractor shall construct sufficient number of bathing and washing place shall be suitably screened.

2. (a) All the huts shall have wall of sun dried or burnt bricks laid by the Engineer in charge. In case of sun dried bricks, the walls should be plastered with mud gobri and shall be atleast above the surrounding ground. The roof shall be laid with thatched or any other materials may be approved by the Engineer in charge and the contractor shall ensure that through of the period of their occupation the roof remain water tight.

(b) The contractor shall provide each hut with proper ventilations. (c) All doors, windows and ventilation shall with suitable leaves for secure

purposes. (d) There shall be kept as upon space of at least 8 yards between the rows of

which may be reduced at 20 feet according to the availability of site with the approval of Engineer in charge back to back construction will be allowed.

3. Water supply- The contractor shall provide adequate supply of water for use of laborers. The provisions shall not be less than 2 gallons of pure and whole some per head per day for drinking purposes and 3 gallons of clean water per head for battle and washing purpose, where pipe water supply is available, the

supply shall be stand posts and where the supply is from wells or river, tanks which may be of or masonry shall be provided. The contractor shall also at his cost makes arrangement for laying pipe lines for water supply to his labour camp from the existing main where ever available and shall pay all fees and charge therefore.

4. The site selected for the camp shall be high ground removed from jungle. 5. Disposal of excreta- The contractor shall make necessary arrangements for the

disposal of excreta from the latrines by trenching or incineration which shall be according to the requirements laid down by the Local Health Authorities. If trenching or incineration is not allowed, the contractor shall make arrangements for the removal of excreta through the Municipal committee/Authority and inform by such committee. Authority for the removal of the excreta. All charges on this account shall be born by the contractor and paid direct by him to the municipality/Authority. The contractor shall provide one sweeper for every eight seats in case of dry system.

6. Drainage. The contractor shall provide efficient arrangements for draining away sullage water so as to keep the camp neat and tidy.

7. The contractor shall make necessary arrangements for keeping the camp area sufficiently lighted to avoid any accidents to the workers.

8. Sanitation-The contractor shall make necessary arrangements for conservancy and sanitation in the labour camps according to the rules of the local public health and medical authorities.

CLAUSE 29 Sum payable by way of compen-sation to be considered as reasonable com-pensation with-out reference to actual fees.

All sums payable by way of compensation under any of these conditions shall be considered as reasonable compensation to be applied to the use of Govt. with reference to the actual loss or damages sustained and whether or not any damage shall have been sustained.

CLAUSE 30 Change in con-stitution of firm.

In the case of a tender by partners changes in the constitution of the firm shall be forth with notified by the contractor to the Engineer in charge for his information.

CLAUSE 31 Work to be under direction of the Engineer in change.

All works to be executed under the contractor shall be executed under the direction an subject to the approval in all respects of the Engineer in charge for the time being, who shall be entitled to direct at what points of in what manner they are to be commence and from time to time carried on.

CLAUSE 32 Protests.

(a) If the contractor considers any work demanded for him to be outside the requirement of contractor or considers and record or ruling of the Engineer in charge or his subordinates to be unfair, he shall immediately upon such work being demanded or sub record or ruling being made ask in writing for written instruction or decision, where upon shall proceed without delay to perform the work or conform to the record or ruling a within twenty days alter receipt of the written instructions or decision he shall file

write pretest with the Engineer in change stating clearly in detail the basis of his objection. Exception for such protests or objections as are made on records in the manner herein specified all with in the time limit stated the records, ruling instruction or decisions of the Engineer in charge contained in letter transmitting drawings to the contractor shall be considered as write instructions or decisions subject to protests or objections as wherein provided.

(b) If the contractor is dissatisfied with the final decision the Engineer in charge pursuance of clause 32 (a) the contractor may within twenty eight days a receiving notice of such decision give not particulars of the dispute or difference specifying clearly the point at issue. If the contractor fails to give such notice within the period of twenty eight days as stipulated above, the decision of the Engineer in charge shall be conclusive and binding on the contractor.

(c) Except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, designs, drawing and instructions herein before mentioned and to the quantity of workmanship or materials used in the work or as to any other question, claim, right or rates for extra items sanctioned and decided or not by the competent authority under the conditions, of this contract, designs, specification, estimates, instruction or failure to execute the same. Whether arising during the progress of the work or after the completion or a abandonment there of, shall be referred to the sole arbitration of the person or persons appointed by the Chief-Engineer, public works department U.A. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant, that he had to deal with the matters to which the contract relates and that in the course of his duties as Govt. servant, he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally or subsequently referred being in incapracited to act the Chief Engineer shall appoint another person to act as arbitrator in accordance with the term of contract. It is also a term of this contract that no person other than a person appointed by the Chief Engineer of the U.A.,P.W.D. as aforesaid, shall act as arbitrator and if for any reason, that is not possible, the matter is no to be referred to the arbitration at all. The arbitrator (S) may from time to time with consent of the parties enlarge the time for making for and publishing the award.

Subject as aforesaid the provision of the Arbitration act 1940, or any statutory modification or Re-enactment there of and the rules made there under and for the time being in force shall apply to the arbitration proceedings under this clause. The sole arbitrator or arbitrators to be appointed by the Chief Engineer shall be of the status given below.

1. For claims or amount in dispute of not over Rs. 5000/- the case of work order and in case of contracts accepted by any Assistant Engineer/Distt. Engineer/Sub-Divisional Officer/Executive Engineer.

An Executive Engineer of U.A.,P.W.D. 2. For claims or amount in dispute of over Rs. 5000/-but not over Rs. one lakh.

Superintending Engineer U.A.,P.W.D. 3. For claims or amount in dispute aggregating more than Rs. one lakh but not

more than Rs.3 lakhs. Dr. Chief Engineer or additional Chief Engineer U.A.Govt.

4. For claims or amounts dispute aggregating to more than Rs. 3 lakhs. Two arbitrator one of the rank of

Dy. Chief Engineer U.A.,P.W.D./or Addi. Chie Engineer and other officer

Or Judicial Service appointed by U.A.Govt. All disputes between the parties to the contract out of and relating to the

contract shall after written notice by the either party to the contract to the other party. Be referred to arbitration as above. Unless the parties otherwise agree such reference shall not take place until after the completion, alleged completion or abandonment of the work or the determination of the contract. The venue of arbitration shall be such a place or place as may be fixed by a arbitrator (S) in his/their sole discretion. Any suit or application for the enforcement of this arbitration clause shall be filed in competent court at Nainital, and no other court of any other district of the Pradesh or outside Uttaranchal shall have any jurisdiction in the matter. The award the arbitrator shall be final conclusive and binding on both the parties to the contract.

CLAUSE 33 Stores impor-ted from Europe to be obtained from Government.

The contract shall obtain from the stores of the Engineer in charge all stores and all imported materials, if required to any considerable extent for the work or any part thereof or in making up articles required therefore or in connection there with. The value of such stores and articles as may be supplied to the contractor in his account at the rates shown in the schedule attached to the contract, and if they are not entered in the Schedule they will be debited at cost expenses whatsoever which shall have been incurred in obtaining delivery of the same at the stores aforesaid. The Engineer in charge may issue materials to contractor from exiting stock if be asks for any in excess of those entered in the schedule. In such cases the price charged must be stock rate or market rate which is greater.

CLAUSE 34 Contract.

Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications decision, drawing, and instructions herein mentioned and as to the quality of workmanship or materials used on the work or as to any other question claim, right matter whatsoever, in any way arising, of or relating to the contract designs, drawings, specifications, estimates instruction, order or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment there of shall be referred td the sole arbitration of the person appointed by the Chief Engineer in charge of the work at the time of dispute. It will be no objection to any such appointment that the arbitrator so appointed is a Government servant, that be had to deal with matters to which the contractor relates and that in the course of his duties as Government servant he had expressed views on all or any of the matters in dispute or difference in the event of the arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any such reason, Chief Engineer at the time of such transfer, vacation of office or inability to act, shall appoint another person to act as arbitrator with the reference from the stage at which it was left by his predecessor. It is also a term of this contract that no person other than a person appointed by the Chief Engineer should act as arbitrator and if for any reason that is not possible, the matter is not be referred to arbitration at all.

The arbitrator may from time to time with the consent of the parties enlarge the time for making and publishing the award.

Subject as aforesaid the provision of the arbitrator Act. 1940 or any statutory

modification or re-enactment thereof and the rules made there under and for the time being force shall apply to the arbitration proceeding under this clause.

CLAUSE 35 Action where no specifi- cation is given.

In the case of any class of work for which there is no specification and in the even of there being no detailed specifications for the same the work shall be carried out in all respects in accordance with the instructions and requirement of the Engineer in charge.

CLAUSE 36 Deductions of the percentage whether applied to net or gross amount of bills (struck bill this clause in the case of as item rate contract)

The additions and deductions account of the percentage referred to at page 3 of the accepted tender will be calculated on the gross, and not net, amounts of the bills for the work done.

CLAUSE 37 (1) In every case in which by virtue of the provisions of section 12, Sub-section (i) of the Workmen Compensation Act, 1923 Govt. is obliged to pay compensation to a workman employed by the contractor or by any sub-contractor from him in the execution of the said work, Govt. will recover from the contractor the amount, of the compensation so paid, and without prejudice to the rights of Govt. under section 12, sub-section (2) of the said Act, Govt. shall be at liberty to recover such amount or any part there of by deduction it either from the security deposited by the contractor to his credit under clause (1) of these conditions or from any other sum due by Govt. to the contractor whether under this contractor or otherwise.

(2) Govt. shall not be bound to contest any claim made against it under section 112, sub-section (1) of the said Act except on the written request of the contractor and, upon his giving to Govt. full security for all cost for which Govt. might become liable consequence of contesting the claim.

CLUSE 38 No bricks for use on the work shall be manufactured within the limits of a Municipality, Cantonment or Notified Area or within half a mile of the site of work. Any bricks so manufactured may be rejected by the Engineer in Charge.

CLAUSE 39 No earth for filling or for any other purpose, shall be excavated within half a mile of the site of work except with the written permission of the Engineer in charge and then only on condition that the area, in which such excavation is made, shall be leveled and dressed by the contractor at his own expense in accordance with the instructions of the Engineer in charge and in such a manner as to prevent the formation of pools of stagnant water.

If the contractor fails to comply with this condition the engineer in charge may cause the ground to be leveled and dressed by other workman and deduct the expense (of which the certificate of the Engineer in Charge shall be final) from any sums which may be due, or may, at any time thereafter become due, to the contractor, or from his security deposit, or from the proceeds of sale thereof.

Consolidated Guidelines for Diversion of

Forest Land under the

Forest (Conservation) Act, 1980

(Revised on October 25, 1992)

Minister Environment & Forests

India FOREWORD

The publishing of these revised and comprehensive Rules & Guidelines under the Forest (Conservation) Act. of 1980, is a visible sign of the commitment of the Central Government to the essential principles of environmental conservation and sustainable development.

Today is the twelfth anniversary of the passing of the Act. This legislation is unique in its endorsement of our will to protect the rich bio-diversity of our forest and wildlife, which is not only the natural heritage of our country, but also the base of our socio-economic progress and the repository of yet unknown panaceas for the future.

The Act also translated into legal terms the fact that forests in India are not to be regarded as sources of State revenue, but rather as community resources, sub-serving the needs of hundreds of millions of rural people and tribals; and the principal duty of the Forest Administration was no longer exploitation of forest wealth, as in colonial times, but conservation of bio-diversity and green-cover. Some difficulties were, however, experienced in the implementation of the act. Impractical interpretations unfortunately resulted in alienating some of those very persons for whose benefit the law was enacted. Provisions of the Act seemed to become obstacles in the path of rural development, especially in the construction of village dispensaries, tribal schools, rural electrification, mofussil roads, silk-worm rearing etc. This was never the intention of the Act, just as it was never intended to en-web the whole process of examination in centralized bureaucratic red-tapeism. Clearly action was called for to redress the situation. I therefore initiated a dialogue with State Government and NGOs early this year. The result has been a dramatic decentralization in the process of decision taking and a rationalization of the procedures and requirements to streamline disposal. The rules were also amended to remove avoidable hardships, particularly insofar as small, rural development were concerned. Once this was done, the need was obviously felt for a consolidated and comprehensive handbook, with the Rules & Guidelines amended up to date. The Act. Itself, as amended, and special circulars, with explanatory notes. This booklet is the answer. An attempt has been made to simplify the language, remove inconsistencies, and generally ensure that the Act is implemented in the true spirit for which it was intended. New delhi 25th October, 1992

(Kamal Nath)

Index Page No.

1. Application of Forest (Conservation Act, 1980 1

2. Submission of Proposals 5

3. Compensatory Afforestation 9

4. Some Clarifications 12

Annexures 1. Forest (Conservation) Act, 1980 18

2. Forest (Conservation) Rules, 1981 21

3. Advice of Law Ministry Regarding Mining Leases 28

4. Regularizations of Encroachments : Detailed Guidelines 29

5. Laying of Transmission Lines : Detailed Guidelines 33

6. Cost-benefit Analysis : Detailed Guidelines 34

Application of Forest (Conservation) Act, 1980

1.1 Definition

(i) 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 Govt. records. Lands which are notified under Section 4 of the Indian Forest Act would also come within the purview of the Act. (Supreme Court’s Judgment in NTPC’s case). All proposals for diversions of such areas to any non-forest purpose, even it the area is privately owned, would require the prior approval of the Central Government.

dereservation and/or diversion of forest lands, a prior approval of the Central Government would, be necessary. (ii) Harvesting of fodder grasses, legumes etc. which grow naturally in forest areas, without removal of the tree growth, will not require prior approval of the Central Government However, lease of such areas to any organization or individual would necessarily require approval under the act. 1.3 Investigation and Survey

(ii) The term “tree” for the purpose of this Act will have the same meaning as defined in Section 2 of the Indian Forest Act, 1927 or any other Forest act which may be in force in the Forest area under question.

(i) Investigations and surveys carried out in connection with development projects such as transmission lines, hydro-electric projects, seismic surveys, exploration for oil drilling etc., will not attract the

1.2 Clarifications (i) The cases in which specific orders for

degeneration 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

provisions of the Act as 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 sighting.

(ii) If, however, investigations and surveys

involve clearing of forest area or felling of trees, prior permission of the central government is mandatory.

(iii) Net withstanding the above, survey, investigation and exploration shall not

(b) Such planning activity is part of overall a forestation program for the

be carried out in wildlife sanctuaries, notional parks and sample plots demarcated by the forest department without obtaining the prior approval of the central government, wither or not felling of trees in involved.

forest area in question.

1.5 Tusser Cultivation (i) Tusser cultivation in forest areas: the

tribals as a means of their livelihood without undertaking means cultural

(iv) The work of actual construction would however, fully attract the provisions of the act and prior clearance of the central government must be obtained even if such work does not require felling of trees.

Asan or Arjun plantations be treated as a forestry activity. Therefore, no prior approval of the Central Government under the Act necessary.

(v) It is clarified that the permission to

survey, exploration or prospection would not ipso facto imply any commitment on the part of the Central Government for diversion of forest land.

1.4 Explanation Regarding Non-Forest Purpose

(i) Cultivation of tea, coffee, spices, rubber and palm is a non-forestry activity, attracting the provisions of the Act.

(ii) Tusser cultivation in forest areas or for which specific plantation of Asan or Arjun trees are undertaken for providing host trees to the silk cocoons shall be treated as forest activity not requiring prior approval the Central Government provided such plantation activity does not involve any felling of existing trees provided further that while undertake such planted, of which no single species shall cover more that 50% of the planted area.

(ii) Cultivation of fruit-bearing trees or oil-bearing plants or medicinal plants would also require prior approval of the Central Government except when: (a) The species to be planted are

indigenous to the area in question; and

(iii) Plantation of mulberry for silkworm rearing is a non-forestry activity, attracting the provisions of the Act.

1.6 Mining (i) Mining including underground mining

is a non-forestry activity. Therefore prior approval of the Central Govt. is

essential before a mining lease is Such Government owned, managed

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 beneath the forest. A renewal of an existing mining lease in a forest area also requires the prior approval of the central government. Continuation or resumption of mining operation on the expiry of a mining lease without prior approval would amount to contravention of the act.

(ii) 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 is at Annexure-III.

or controlled authority / corporation / agency, which has been assigned such forest land shall not reassign it or any part thereof to any other organization or individual.

(ii) Any scheme or project which involves assignment of any forest land by way of lease or similar arrangement, for any purpose whatsoever, including a forestation, to any authority/agency/organization not wholly owned, managed or controlled by the Government (such as private or joint sector ventures) shall attract the provisions of this sub-clause.

1.8 Clarification on Sub-Clause 2(iv) of the Act

(iii) Boulders, bajri, stone, etc., in the riverbeds located within forest areas would constitute a part of the forest land and their removal would require prior approval of the central government.

1.7 Clarification on Sub-Clause 2(iii) of the Act

(i) The Sub-clause shall not be attracted when any forest land or any portion thereof is assigned to any authority, corporation, agency or any other organization wholly owned, managed or controlled by the concerned State/Union Territory Government.

(i) Sub-clause 2 (iv) of the act prohibits clearing of naturally grown trees in forest land for the purpose of using it for reforestation. The provisions of this Sub-clause will be attracted if the forest area in question bears naturally grown trees and are required to be clear-felled, irrespective of their size, for harassing existing crop and/or raising plantation through artificial regeneration techniques, which may include coppicing, pollarding or any other mode of vegetative propagation.

(ii) All proposals involving clearing of naturally grown trees in any forest area, including for the purpose of reforestation, shall be sent by the

Concerned State/UT Government in the form of Management Plans/Working Plans to the regional Chief Conservator of Forests of the concerned Regional Office of the Ministry of Environment and Forests.

(ii) The report of violation shall be described in a self-contained note an supported by requisite documents, including particularly the names and designations of the officials/persons who are prima-facie responsible for the contravention of the Act.

(iii) All proposals in respect of sanction of Working Plans/Management Plans shall be finally disposed of by the Regional Office, under Section 2 of the Act. While examining the proposal, the Regional Office would ensure that the final decision is in conformity with the National Forest Policy, Working Plan guidelines and other relevant rules and guidelines issued by the Central Government from time to time. The Regional Office will however, invariable seek prior clearance of the Ministry whenever the proposal involves clear-felling of forest area having density above 0.4 irrespective of the area involved. Also prior clearance would be required when the proposal is for clear felling of an area of size more than 20 ha. in the plains and 10 ha. in the hilly region, irrespective of density.

1.9 Clarification on Section 3 B of the Act

(I) Each case of the violation of the Act shall be reported by the concerned State/Union Territory Government to the Central Government.

(iii) In case it is not possible to fix the

responsibility for commission of any action leading to the violation the Act, a full explanation with relevant supporting documents shall be appended to the report.

(iv) Any person and/or authority nominated by the Central Government may be required to discharge any of the duties, including prosecution under the Act in any Court as may be deemed appropriate for this purpose. In such an eventuality, the Government of the concerned State/Union Territory shall make available all such records or documents as may be called upon by the investigation officer.

1.10 Diversion of Forest Land for

Regularization of Encroachments

Detailed guidelines issued in this regard vide this Ministry’s No. 13.1/9-F.P. (1) dated 18-09-90 shall be strictly followed. These are included Annexure IV.

(iv) The State Government should send the

proposal for renewal of mining leases at least six month prior to the date of expiry of the existing lease.

(v) Special guidelines in regard to laying of transmission lines in forest area are at Annexure V.

from the environment angle shall be processed simultaneously and decision taken for both together, A separate communication of sanction on each of the proposals may be issued, but the project would be deemed to be cleared only after clearance from both angles.

2.3 Proposal Requiring

Clearance from Environmental Angle

2.4 Simplified proposals for Certain Categories of Proposals

(i) All hydel projects, irrigation projects with a command area of over 10,000 hectares and all mining projects involving diversion of forest area of more than 20 hectares shall require clearance from the environmental angle. Therefore, all such proposals shall be simultaneously referred to the environmental Wing of the MOEF for clearance from environmental angle along with the proposal for forest clearance.

(i) In respect of proposals for laying of transmission lines, pipelines for drinking water supply and exploratory drilling for prospecting of oil which do not involve any felling or cutting of tree, only the following particulars may be furnished in the prescribed form:

(a) Map of the area required along with geographical location of the project.

(b) Purpose for which forest land is required to be used.

(ii) Notwithstanding the above, if in the opinion of the Ministry or the Advisory Committee, any proposal should be examined from the environmental angle, it may be required that the project proponent refer the case to the Environment Wing of the MOEF.

(iii) It has been decided that under the Single Window Clearance Scheme, proposals which require approval under the Act as well as clearance

(c) Extent of forest area to be diverted.

(d) Legal status of forest land.

(e) Whether forest land forms part of national park, wildlife sanctuary, biosphere reserve or forms part of the habital of any endangered or threatened species of flora and fauna.

(f) Whether no alternative alignment is possible to avoid or minimize use of forest land and, whether, the required forest area is the minimum needed for the purpose. A certificate in this regard is to be furnished by the concerned Divisional Forest Officer after personal inspection of the spot.

(g) Compensatory afforestation scheme.

(h) A certificate stating specifically that no cutting or felling of trees is involved.

and saved on account of the proposed realignment of the road/rail/canal.

2.6 Cost-benefit Analysis

(i) While considering proposals for dereservation or diversion of forest land for non-forest use it is essential that ecological and environmental losses and socio-economic distress caused to the people who are displaced are weighed against economic and social gains.

(ii) Other cases involving forest area up to 2 ha. Which are devoid of tree cover, may also be dealt with as per above simplified procedure except for proposals for mining and regularization of encroachments.

(ii) Annexure VI (a) details the types of projects for which cost-benefit analyses will be required. Annexure VI (b) lists the parameters according to which the cost aspect will be determined, while Annexure VI (c) gives the parameters for assessing the benefits accruing.

2.5 Diversion of Forest Land for Widening or Expansion or Realignment of Road/Rail/Canal.

Whenever diversion of protected or reserve forest land is required for realigning of road/rail/canal, permission would be granted subject to the condition that non-forest land saved on account of such realignment, would be declared as protected forest. The proposal from the State/Union Territory Govern-ment will have to be comprehensive indicating clearly the land asked for

(iii) A cost-benefit analysis as above should accompany the proposals sent to the Central Government for clearance under the Act.

2.7 Plan for Rehabilitation of Outsets

(i) If the project involves displacement of people, a detailed Rehabilitation Plan shall be submitted along with the proposal for diversion of forest land. The Scheduled Tribe and Scheduled Caste population should be separately considered, and a plan for

rehabilitation should be in consonance with their socio-economic cultural and emotional lifestyle

(ii) The Government of India do not allow diversion of forest land for rehabilitation of people. However, such diversion may be considered as

a special case, if diversion of forest land is essentially required for the rehabilitation of persons belonging Schedule Tribes, Scheduled Castes and other people who may have to shifted from, the core zone of a national park or reserve.

.

3. Compensatory Afforestation

3.1 Compensatory Afforestation

(i) Compensatory afforestation is one of the most important conditions stipulated by the Central Government while approving proposals for dereservation or diversion of forest land for non-forest uses. It is essential that with all such proposal, a comprehensive scheme for compensatory afforestation is formulated and submitted to the Central Government.

(ii) The detailed compensatory afforestation scheme along with details of non-forest/degraded forest area identified for compensatory afforestation, map, etc, is required to be submitted in the prescribed form.

(iii) In the event that non-forest land of compensatory afforestation is not available in the same district, non-forest land for compensatory afforestation may be identified anywhere else in the State/UT as near as possible to the site of diversion, so as to minimize adverse impact on the micro-ecology of the area.

(iv) 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.

3.2 Land for Compensatory Afforestation (i) Compensatory afforestation shall be

done over equivalaent area of non forest land.

(v) The non-availability of non-forest land for compensatory afforestation would be accepted by the Central Government only on the Certificate from the Chief Secretary to the State/UT Government to that effect.

(ii) As far as possible, the non-forest land for compensatory afforestation should be identified contiguous to or in the proximity of Reserved Forest or Protected Forest to enable the Forest Department to effectively manage the newly planted area.

(vi) As an exception to 3.2 (i) above, compensatory afforestation may be raised over degraded forest land twice in extent of the forest area being diverted/derisive in respect of following types of proposals:-

(a) For extraction of minor minerals from the river beds. (However, if forest area to be diverted is above 500 hectares, compensatory afforestation over equivalent area of degraded forest shall be required to be done instead of twice the area being diverted subject to a minimum of 1000 hectares compensatory afforestation).

in forest land or in portion thereof purpose of using it for reforestation.

(b) Proposals involving diversion of land up to one hectare. (However such cases, plantation of ten times in number of trees likely to be felled will have to be carried out by way of compensatory afforestation or any number of trees specified in the order).

(b) For construction of link roads, small water works, minor irrigation works, school building, dispensaries, hospital, tiny rural industrial sheds of the Government or any other similar work excluding mining and encroachment cases, which directly benefit the people of the area-in hill districts and in other districts having forest area exceeding 50%of the total geographical area, provided diversion of forest area does not exceed 20 hectares.

(c) For underground mining in forest land below 3 metres. (However, in respect of forest area required for surface right, compensatory afforestation shall be required as per relevant provisions).

(d) Cases of renewal of mining lease except in respect of forest area proposed to be freshly broken up for which compensatory afforestation shall be required to be undertaken on equivalent non-forest land.

(c) For laying of transmission lines up

to 220K.V.

(d) For mulberry plantation undertaken for silk-worm rearing without any felling of existing trees.

3.3 Elements of Schemes for Compensatory Afforestation

(e) For diversion of linear or ‘strip’

plantation declared as protected forest along the road/rail/canal sides for widening or expansion of road/rail/canal.

(vii) No compensatory afforestation shall be insisted upon in respect of the following:-

(a) For clearing of naturally grown trees

(i) The scheme 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.

(c) Agency responsible for afforestation.

(d) Details of work schedule proposed for

compensatory afforestation.

(e) Cost structure of plantation, provision of funds and the mechanism to ensure that the funds will be utilized for raising afforestation.

(f) Details of proposed monitoring mechanism.

3.4 Lands Identified for Compensatory

Afforestation to be Transferred to the Forest Department

tation activity and not a diversion of part of the annual plantation programme.

(iii) In each case where the afforestation target is over 500 hectares in plains, and 200 hectares in hills, a Monitoring Committee shall be established with a nominee of the Central Government to oversee that the stipulations, including those pertaining to compensatory plantation are carried out.

3.5 Special Fund (i) Equivalent non-forest land identified

for the purpose are to be transferred to the ownership of the State Forest Department, and declared as protected forests so that the plantation raised can be maintained permanently. The transfer must take prior to the commencement of the project._____________

(ii) The compensatory afforestation

should clearly be an additional plan-

(i) The State/UT Government should create a special fund to which the individual user agency will make its deposits for compensatory afforestation. The Forest Depart-ment, or any other technically competent agency which is assigned the job of compensatory afforestation should fully utilize this amount for implementation of the afforestation scheme approved by the Government of India, and keep separate and meticulous account thereof.

4. Some Clarifications 4.1 Delegation of Powers the post of Chief Conservator of

Forests is will due to transfer, long leave. etc.

(i) All proposals involving diversion/ dereservation of forest land up to 20 hectares, and proposals for clearing of naturally grown trees in forest area or portion thereof shall be sent by the concerned State/UT Government to the concerned Regional Office of MOEF.

(ii) Chief conservator of Forests of the

concerned Regional Office shall be competent to finally dispose of all proposals (including decision regard-(ing violation of Act) involving diversion/dereservation of forest land up to 5 hectares, except in respect of proposals for regularisation of encroachments and mining (including renewal of mining leases). Similarly, proposals involving clearing of naturally grown trees in forest area or portion thereof for reforestation shall also be finally disposed of by the Chief Concerned Regional Office, subject to guidelines/instruction issued in this regard (refer to para 1.8) and any other instructions issued from time to time.

(iii) In the absence of Chief Conservator of

Forests these powers shall be exercised by the concerned Conservator of Forests of the Regional Office in case

(In respect of Regional Office at Chandigarh, these powers shall be exercised by Conservator of Forest of the Regional Office of Chandigarh.

(iv) A list of all cases finally disposed and a list of cases rejected along reasons thereof for rejection would required to be sent every month to MOEF by the Regional Office.

(v) In respect of proposals involving diversion of forest area above 5 hectares and up to 20 hectares all proposals for regularisation of encroachments and mining up to ha the proposals shall be examine by the Regional Chief Conservation Forests/Conservator of Forests in consultation with an Advisory Group consisting of representatives of the State Government from Revenue of Department, Forest Department, Planning and/or Finance Department and concerned Department whose proposal is being examined. The views of the Advisory Group shall recorded by the Regional Chief Conservator of Forests and along the same, the proposals shall be seen to Secretary, MOEF for considering and final decision. It is to be clarified

that views of the Advisory Group in no way shall be binding while deciding the proposals. The meeting of the Advisory Group may be held at the State Capital. The proposal will not be deferred for want of quorum.

4.2 Two Stage Clearance of Proposals

Forestry clearance will be given in two stages. In 1st stage the proposal shall be agreed to in principle, and after receipt of compliance report from the State Government in respect of compliance of the stipulated conditions regarding transfer and mutation of non-forest area identified for compensatory afforestation, if any, and transfer of funds in favour of Forest Department, etc., formal approval under the Act shall be issued.

4.3 Anticipatory Action by the State/UT Governments

Cases have come to the notice of the Central Government in which permission for diversion of forest land was accorded by the concerned State Government in anticipation of approval of the Central Government under the Act and/or where work has been carried out in forest area without proper authority. Such anticipatory action is neither proper nor permissible under the Act which

clearly provides for prior approval of the Central Government in all cases. Proposals seeking ex-post-facto approval of the Central Government under the Act are normally not entertained. The Central Government will not accord approval under the Act unless exceptions circumstances justify condo nation. However, penal compensatory afforestation would be insisted upon by the MOEF on all such cases of condo nation.

4.4 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 in fructuous 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.

Projects shall invariably be accompanied by detailed catchments area treatment plan. However, in respect of minor irrigation project, catchments area treatment plan will not be insisted.

4.9 Special Arrangement in case of Large Projects

In case of large projects, depots for fuel wood should be set up by project authorities who will also arrange alternate fuel like coal, kerosene, biogas, LPG electricity etc. The supply should be free of cost to the labourers and free or at subsidized rates to the other stall as may be determined by the project authorities.

4.10 Site Inspection

(i) The proposed forest area shall be inspected by a responsible Forest officer of the State Government. If the area is very important from the forestry angle, the territorial Conservator should himself inspect the area and give complete information relating to the forest and aspects of wildlife. The scientific names of important timber species should be given while describing composition of the forest crop. If the area is relatively less important, the DFO could inspect the area. The Inspecting Officers should clearly record in item 13 of the perform if any violation is observed like tree felling, land breaking etc., in that area by the user agency. In any

case the recommendation, of the Chief Conservator of Forests should be categorical and specific and should be sent with photographs of inspected sites, highlighting the aspects observed, especially when the area is large or is sensitive and fragile.

(ii) In respect of proposals involving diversion of forest land above 40 hectares, site inspection shall also be carried out by Regional Office of this Ministry. State/UT Government are required to send copy of all such proposals to concerned Regional Office to facilitate timely inspection of such proposals.

4.11 Complete Details

While forwarding the proposal to the Central Government complete details in all aspects of the case should be given. Incomplete and deficient proposal will but be considered and will be returned to the State Government in Original.

4.12 Specific Time Limits

(i) To ensure speedy disposal of proposals, specific time limits have to be laid down for disposal of references at various levels. Efforts should be made to dispose of each reference at the State Government level within a maximum period of 60 day. Specific instructions may be issued in this regard to officers at all levels.

(ii) Cases which are complete in all respects shall be disposed of within 90 days by the Central Government.

4.13 Quarterly Progress Report In all cases the States will submit quarterly reports regarding the implementation of the stipulation laid down by the Government of India while approving the project and future clearance of projects of the States and Union Territories concerned will depend upon the fulfillment of the stipulations.

4.14 Rejection/Reopening of Cases In cases where the State Government is requested to furnish clarifications or additional information relating to a proposal, all particulars should be made available to the Central Government within 60 days. If such particulars are not received within a maximum of 90 days, the proposal may be rejected by the Central Government for non-furnishing of essential information 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 terms of scope, purpose and other important aspects.

4.16 Nodal Officer

(i) Separate cells for dealing with diversion of forest land cases should be opened at the State Government and PCCF levels. A whole-time senior officer not below the land of Conservator of Forests should head the cell, who should be designated as the Nodal Officer.

(ii) The Nodal Officer should receive cases form the user agencies and entertain all correspondence from them. He should scrutinize and process the case and after obtaining views/certificate of the 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 to facilitate timely processing. The State Government while forwarding cases to the Central Government may endorse copies to the Chief Conservator of Forests and the Nodal Officer. The Central Government may also, while corresponding with the State Government, send copies to the Nodal Officer. The Nodal Officer should also obtain all additional information required by the Central Government about the proposals from the concerned authorities directly and endorse a copy directly to the Central Government.

(iii) While approving a proposal the necessary inputs like creation of

Government of India stipulates certain conditions to reduce the environmental damage on account of forest loss. The conditions must be enforced. Their non-compliance should be reported by the Nodal Officer to Regional Office who should inspect the site from time to time.

(iv) In case of opencast mining, it should be the responsibility of the Nodal Officer and his staff to ensure that all

nursery, storage of top soil for reuse and methodology for its reforestation, choice of species etc. are so planned and implemented that the mined area is fully afforested by the time mining operations are completed.

(v) The Nodal Officer should monitor the implementation of the conditions of compensatory afforestation and the survival ratio of the seedlings planted.

Forest (Conservation) Act, 1980 With Amendment Made in 1988

An act to provide for the conservation of forest and for matters connected therewith or ancillary or incidental thereto.

Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows :- 1. (1) This Act may be called the Forest (Conservation) Act, 1980. (2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall be deemed to have come into force on the 25th day of October, 1980.

2. 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-

(i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose;

(iii) 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;

(iv) that any forest land or any portion thereof may be cleared of tree which have grown naturally in that land or portion, for the purpose of using it for reforestation.

Explanation- For the propose 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 reforestation;

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 communications and construction of fencing, bridges and culverts dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.

3. The Central Government may constitute a Committee consisting of such

number of persons as it may deem fit to advise that Government with regard to-

Constitution of Advisory Committee.

(i) the grant of approval under Section 2;and (ii) any other matter connected with the conservation of forests which may be referred to it by the Central Government.

3A. Whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days.

Penalty for contravention of the provisions of the Act.

3B. (i) Where any offence under this Act has been committed- (a) by any department of Government, the head of the department; or

Offence by authorities and Government departments.

(b) by any authority, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority;

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in clause (b), liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act has been committed by a department of Government or any authority referred to in clause (b) of sub-section (1) and it is proved that the offence has been committed with the consent or connivance of; or is attributable to any neglect on the part of any officer, other than the head of the persons referred to in clause (b) of sub-section (1), such officer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

4.(1) The Central Government may, by notification in the Official Gazette, makes rules for carrying out the provisions of this Act.

Power to make rules.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session

immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

5. (1) The Forest (Conservation) Ordinance, 1980 is hereby replaced. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the

said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Annexure-II Forest (Conservation) Rules, 1981

(as amended up to may 1992)

G.S.R. 719…in exercise of the powers conferred by sub-section (i) of section 4 of the Forest (Conservation) Act. 1980 (69 of 1980), the Central Government hereby makes the following rules, namely :- 1. Short title, extent and commencement-

(a) These rules may called the forest (conservation) rules,1981. (b) They shall extend to the whole of India extend to the whole of India except the State of

Jammu and Kashmir. (c) They shall come into force on the date of their publication in the Official Gazette.

2. Definition:- In these rules, unless the context otherwise requires :-

(a) “Act” means the Forest (Conservation) Act, 1980 (69of 1980) (b) “Committee” means the Committee constituted under section 3 (c) “Chairman” means the Chairman of Committee (d) “Member” means a member of the Committee (e) “Section” means a section of the Act.

2A (1) Composition of the Committee:- The Committee shall be composed of the following Members :-

(i) Inspector General of Forests - Chairman Ministry of Environment and Forests

(ii) Additional Inspector General of Forests - Member Ministry of Environment and Forests

(iii) Joint Commissioner (Soil Conservation) - Member Ministry of Agriculture

(iv) Three eminent environmentalists (non-officials) - Member (v) Deputy Inspector General of Forests - Member-Secretary

(Forest Conservation), Ministry of Environment and Forests

(2) Additional Inspector General of Forests shall act as the Chairman in the absence of Inspector General of Forests.

2B. Terms of appointment of non-official members shall be as follows-

(i) A non-official member shall hold his office for a period of two years. (ii) A con-official member shall cease to hold office if he dies, resigns, becomes of unsound

mind, becomes insolvent or is convicted by a court of law on a criminal offence involving moral turpitude.

(iii)Any vacancy in the membership caused by any reason mentioned in sub-rule (ii) shall be filled by the Government for the unexposed portion of 2 years term.

(iv) Traveling and daily allowances shall be payable to the non-official members of Committee at the highest rate admissible to the Government servants of Group under the rules and orders made by the Central Government and for the lime be force.

Providing that the payment of traveling allowance and dally allowance to a member who is a Member of the Parliament or a Member of a State Legislature shall be regulated in accordance with the Salary, Allowance and Pension of Members of Parliament Act, 1954 or the respective provisions of law. pertaining of the Members the concerned State Legislature. 3. Conduct of business of the Committee:

(1) The Chairman shall call the meeting of the Committee as often as necessary, but not

less frequently than once in a month. (2) The meetings of the Committee shall normally be held at New Delhi However, in a case

where the Chairman is satisfied that inspection of sites of forest land proposed to be used for non-forest purposes would be necessary or expedient in connection with the consideration of the proposals received under sub-rule (1) of rules-4, he may direct that the meetings of the Committee will be held at a place other than Delhi from where such inspection of site or sites can be undertaken conveniently.

(3) The Chairman shall preside over every meeting of the Committee at which he is

present: Provided that if the Chairman is absent from a meeting and it is not expedient to adjourn the meeting. the senior-most member of the Committee shall preside over the meeting.

(4) Every question upon which the Committee is required to advise shall be considered at

its meeting provided that in urgent cases if the meeting of the Committee cannot be convened within a month, the Chairman may direct that necessary papers may be sent to the Members for their opinion by a stipulated date.

(5) The quorum for the meeting of the Committee shall be three.

4. (1) Every State Government or other authority seeking the prior approval under section 2

shall send its proposal to the Central Government in the form appended to these rules: Provided that all proposals involving clearing naturally grown trees in forest land or portion thereof for the propose of using it for reforestation shall be sent in the form of Working Plan/Management Plan.

(2) Every proposal referred to in sub-rule (1) shall be sent to the following address, namely:- Secretary to the Government of India Ministry of Environment & Forests Paryavaran Bhawan, CGO Complex Lodi Road, New Delhi-110003 Provided that all proposals involving forest land and up to twenty hectares and proposals involving clearing of naturally grown trees in forest land or portion thereof for the purpose of using it for reforestation shall be sent to the Chief Conservator of Forests/Conservator of Forests of the concerned Regional Office of the Ministry of Environment and Forests.

5. Committee to advise on proposals received by the Central Government (1) The Central Government shall refer every proposal received by it under sub-rule (1) of

rule 4 to the Committee for its advice thereon if the aria of the forest land involved is more than twenty hectares. Provided that proposals involving clearing of naturally grown trees in forest land or portion thereof for the purpose of using it for reforestation shall not be referred to Committee for its advice.

(2) The Committee shall have due regard to all or any of the following matters while tendering its advice on the proposals referred to it under sub-rule (1), namely :- (a) Whether the forests land proposed to be used for non-forest purpose forms part of a

nature reserve, national park wildlife sanctuary, biosphere reserve or forms part of the habitat of any endangered or threatened species of flora and fauna or of an area lying in severely eroded catchments;

(b) Whether the use of any forest land is for agricultural purposes or for the

rehabilitation to persons displaced form their residences by reason of any river valley or hydro-electric project;

(c) Whether the State Government or the other authority has certified that it has

considered all other alternative and that no other alternatives in the circumstances (d) Whether the State Government or the other authority undertakes to provide at its

cost for the acquisition of land of an equivalent area and afforestation thereof. (3) While tendering the advice, the Committee may also suggest any conditions or

restrictions on the use of any forest land for any non-forest purpose which in its opinion, would minimize adverse environmental impact.

6. Action of the Central Government on the advice of the Committee-The Central

Government shall, after considering the advice of the Committee tendered under rule 5 and after such further enquiry as it may consider necessary, grant approval to the proposal with or without conditions or reject the same.

5. Details of displacement of people due to the project: (i) Total number of families involved in displacement. (ii) Number of Scheduled Caste/Scheduled Tribe families involved in displacement. (iii) Detailed rehabilitation plan.

6. Details of compensatory afforestation scheme:

(i) Details of non forest area/degraded forest area identified for compensatory afforestation, its distance form adjoining forest, number of patches, size of each patch.

(ii) Map showing non-forest/degraded forest area identified for compensatory afforestation an adjoining forest boundaries.

(iii) Detailed compensatory afforestation scheme including species to be planted, implementing agency, time schedule, cost structure etc.

(iv) Total financial outlay, for compensatory afforestation scheme. (v) Certificates from competent authority regarding suitability of area identified for

compensatory afforestation for afforestation and from management point of view. (To be signed by an officer not below the rank of Deputy Conservator of Forests).

(vi) Certificate from the Chief Secretary regarding non-availability of the non-forest land for compensatory afforestation (if applicable).

7. Details regarding Transmission Lines (only for Tansmission Lines Proposals):

(i) Total length of the Transmission Line. (ii) Length passing through forest area. (iii) Right of Way. (iv) Number of Towers to be erected. (v) Number of towers to be erected in forest area. (vi) Height of Transmission Towers.

8. Details of Irrigation Hydel Project (only for Irrigation/Hydel Projects):

(i) Total catchments area. (ii) Total command area. (iii) Full Reservoir Level. (iv) High Flood Level. (v) Minimum Drawl Level. (vi) Break-up of area falling in catchments area of the project (forest land, cultivated

land, pasture land, human cultivation, others). (vii) Area of submergence at High Flood Level. (viii) Area of submergence at Full Reservoir Level.

(ix) Area of submergence at 2 metre below Full Reservoir Level. (ix) Area of submergence at 4 metre below Full Resetvoir Level (For major project only). (xi) Area of submergence at Minimum Drawal Level. (xii) Detailed catchments area treatment plan. (xiii)Total Financial outlays and details regarding availability of funds for Catchments

Area Treatment Plan.

9. Details regarding Road/Railway Lines (only for Roads/Railway lines proposals. (i) Length and width of the strip and forest area required (ii) Total length of the toad. (iii) Length of the road already constructed. (iv) Length of the toad passing through the forest.

10. Details regarding mining proposals (only for mining proposals):

(i) Total mining lease area and forest area required. (ii) Period of mining lease proposed. (iii) Estimated reserve of each mineral/ore in the forest area and in the non-forest area. (iv) Annual estimated production of mineral/ore. (v) Nature of mining operations (opencast/underground). (vi) Phased reclamation plan. (vii) Gradient of the area where mining would be undertaken. (viii) Copy of Lease Deed (to be attached only for renewal purposes). (ix) Number of labourers to be employed. (x) Area of forest land required for :

(a) Mining. (b) Storing mineral/ore. (c) Dumping of overburden. (d) Storing tools and machinery. (e) Construction of building power stations, workshops, etc. (f) Township/housing colony. (g) Construction of road/ropeway/railway lines. (h) Full land use plan of forest area required.

(xi) Reasons why any of the activities, referred to in (a) to (h) above under the project for which forest land has been asked for cannot be undertaken/located outside forest area.

(xii) The extent of damage likely to be caused and the number of trees affected on account of mining and related activities.

(xiii) Distance of the mining area from perennial water courses, national and State highways, national parks, sanctuaries and biosphere reserves.

(xiv) Procedure for stocking of the topsoil for reuse. (xv) Extent of subsidence expected in underground mining operations and its impact on

water, forest and other vegetation.

11. Cost-benefit analysis. 12. Whether clearance from environmental angle is required (Yes/No). If yes, whether,

requisite details for the same have been furnished (Yes/No). 13. Whether any work in violation of the Act has been carried out (Yes/No). If yes,

(i) Details of the same including date of commencement. (ii) Officers responsible for violation of the Act. (iii) Action taken/being taken against erring officers. (iv) Whether work in violation of the Act is still in progress.

14. Any other information………. 15. Details of Certificates/documents enclosed. 16. Detailed opinion of the Chief Conservator of Forests/Head of the Forest Department

concerned covering the following aspects, namely: (i) Out-turn of timer, fuel-wood and other forest produce from the forest land involved. (ii) Whether the district is self sufficient in timber and fuel-wood, and (iii) The effect of the proposal on

(a)Fuel-wood supply to rural population (b)Economy and livelihood of the tribal and backward communities.

(iv) Specific recommendations of the Chief Conservator of Forests/Head of the Forest Department for acceptance or otherwise of the proposal with reasons thereof.

Certified that all other alternatives for the purpose have been explored and the demand for the required area is the minimum demand for forest land.

Signature of the authorised officer of the State Government/Authority

N.B.1. While furnishing details of flora and fauna, the species should be described by their

scientific names. N.B.2. If the space provided above is not sufficient to specify any information, please

attach separate details/documents. (No. 5-5/86-1-C) R.RAJAIANI. Secy.

Footnote: The principal rules were notified vide Number G.R.S. 719 and subsequently amended vide (1) G.S.R. 14 dated the 28th December, 1987 (2) G.S.R. 640 (E), dated the 26th june, 1989.

LAW DEPARTMENTS ADVICE IN REGARD TO MINING LEASES

1. In respect of the mining operations being carried out on forest lands leased between

commencement of the Forest (Conservation) Act, 1960 during the continuance of lease period, the approval of the Central Govt. under Section 2 of the said Act is requied.

2. A renewal of a lease is really the grant of a fresh lease. (Sec Delhi Development

Authority Vs Durga Chand Kausish, AIR 1973 SC 2609). The prior approval of the required when a mining lease granted before the commencement of the said Act is renewed after its coming into force.

3. As held by the Supreme Court in State of Bihar Vs. Banshi Ram Modi (supra), prior

approval of the Central Govt. in terms of section 2 of the Forest (Conservation) Act 1980 would not be required for mining and wining any new mineral from a forest land leased for mining before the commencement of the said Act during the lease period originally granted, it the said land is already broken up or cleared before the commencement of the Act. Otherwise, the prior approval of the Central Govt. under Section 2 of the said Act would be required.

Annexure-IV

REGULARIZATION OF ENCROACHMENTS ON FOREST LAND

1. Encroachment of forest land for cultivation and other purposes continues to be the most

pernicious practice endangering forest resources throughout the country. Statistical information compiled by Ministry of Agriculture during early 1980s revealed that nearly 7 lakh hectares of forest land was under encroachment in the country about a decade back. This is despite the fact that prior to 1980, a number of States had regularized such encroachments periodically and approximately 43 lakh hectares of forest land was diverted for various purposes between 1951 and 1980, more than half of it for agriculture. The decisions of the State Government to regularise encroachments from time to time seem to have acted as strong inducement for further encroachments in forest areas and the problem remained as elusive as ever for want of effective and concerted drive against this evil practice.

2. The National Forest Policy, 1988 has also observed the increasing trend in encroachments

on forest land and stated that these should not be regularized. Implementation of this pronouncement has been examined by this Ministry keeping in view the constraints of various State Governments some of whom gave expressed by this Ministry keeping in they stand committed to regularize encroachments of a period prior to 1980. The issue figured prominently in the Conference of the Forest Ministers held in May, 1989 and was later examined by an Inter-Ministerial Committee set up by this Ministry in consultation with the representatives of some of the States. Keeping in view the recommendation of the Forest Ministers’ Conference and the Committee referred to above, And with due approval of the competent authority, the following measures are suggested for review of the old encroachments and effective implementation of the pronouncement made in this regard in the National Forest Policy, 1988.

2.1 All the cases of subsisting encroachments where the State Governments stand committed

to regularise on account of past commitment may be submitted to this Ministry for seeking prior approval under the Forest (Conservation) Act, 1980. Such proposals should invariably conform to the criteria given below:

1. PRE-1980 ENCROACHMENTS WHERE THE STATE GOVERNMENT HAD

TAKEN A DECISION BEFORE ENACTMENT OF THE FOREST (CONSERVATION) ACT, 1980, TO REGULARIZE ‘ELIGIBLE’ CATEGORY OF ENCROACHMENTS.

1.1 Such cases are those where the State Governments had evolved certain eligibility criteria

in accordance with local needs and conditions and had taken a decision to regularize such encroachments but could not implement their decision either wholly or partially before the enactment of the Forest (Conservation) Act, on 25.10.80.

1.2 All such cases should be individually reviewed. For this purpose the Government may appoint a joint team of the Revenue, Forest and Human Welfare Department for this work and complete it as a time-bound programme.

1.3 In case where proposals are yet to be formulated, the final picture are taking into

considerations all the stipulations specified here may be part, before the concerned Gaon Sabha with a view to aviod disputes in full picture.

1.4 All encroached lands proposed for regularization ahould be properly surveyed. 1.5 Encroachments proposed to be regularized must have taken place between 25.10.1980.

This must be ascertained from the First Officer Report issued under the relevant Forest Act at that point of time.

1.6 Encroachments must subsist on the field and the encroached land must be under

continuous possession of the encroachers. 1.7 The encroacher must be eligible to avail the benefits of regularization as per the

eligibility criteria already fixed by the State. 1.8 As for as possible scattered encroachments proposed to be regularized should be

consolidated/relocated near the outer boundaries of the forests. 1.9 The outer boundaries of the areas to be denitrified for regularization of encroachments

should be demarcated on the ground with permanent boundary marks. 1.10 All the cases proposed to be regularized under this category should be covered in one

proposal and it should give district-wise details. 1.11 All cases of proposed regularization of encroachments should be accompanied by a

proposal for compensatory afforestation as per existing guidelines. 1.12 No agricultural practices should be allowed on certain specified slopes. 2. ‘INELIGIBLE’CATEGORY OF PRE-1980 ENCROACHMENTS WHERE THE STATE

GOVERNMENTS HAD TAKEN A DECISION PRIOR TO THE ENACEMENT OF THE FOREST (CONSERVATION) ACT,1980.

2.1 Such cases should be treated at par with post 1980 encroachments and should not be

regularizes.

3. ENCROACHMENTS THAT TOOK PLACE AFTER 24.10.1980. 3.1 In no case encroachments which gave taken place after 24.10.1980 should be regularized.

Immediate action should betaken to evict the encroachers. The State/UT Government may, however, provide alternate economic base to such persons by associating them collectively in afforestation activities in the manner suggested in this Ministry’s letter No. 6-21/89-FP dated 01-06-1990, but such benefits should not extend to fresh encroachers.

CLARIFICATION A reference is invited to the guidelines issued by this ministry for regularization of certain cases of forest encroachments reproduced above. The relevant paragraph 1.1 of the guidelines; which clarifies the cases of encroachments, which subject to specified conditions, would be eligible for regularization, is reproduced below:

“Such cases are those where the State Governments had evolved certain eligibility criteria in accordance with local needs and conditions and had taken a decision to regularize such encroachments but could not implement their decisions either wholly or partially before enactment of the Forest (Conservation) Act on 25.10.1980.

2. Doubts have been raised as to whether all encroachments that had taken place up to 25.10.1980 could be regularized in accordance with an eligibility formula by which some earlier encroachments were regularized.

3. A perusal of the paragraph reproduced above will make it clear that there are 2 pre-

conditions for any encroachments to be considered for regularization. These are:-

(a) The State Government should have taken the decision on regularization of encroachments before 25.10.1980; and

(b) that the decision should be with reference to some eligibility criteria (normally expected

to be related to social and economics status of encroachers, location and extent or encroachment, cut off date of encroachment, etc.,)

4. If would be seen that the encroachments which are proposed to be considered for

regularization, subject to the prescribed conditions, are those which fulfilled the eligibility criteria evolved by the State Govt. as per decision taken before 25.10.1980 for regularization of encroachments. The objective is limited to permitting implementation of decisions taken before 25.10.1980 which could not be implemented because the enactment of Forest (Conservation) Act, 1980 intervened. It is therefore quite clear that while all encroachments that can be considered as eligible for regularization would have

taken place before 25.10.1980, all encroachments that had place before 25.10.1980 would not be eligible for regularisation they be ineligible because either they do not meet the eligibility criteria or covered by any decision taken before 25.101980. Thus, if the decision regularisation of encroachments in a State covered only encroachments a date earlier than 25.10.1998, the guidelines on regularisation of encroachments do not envisage that the State Government would now set encroachments between that date and 25.10.1980 and propose regularize. The latter encroachments though occurring before 25.10.1980 are not convey by any regularisation decision taken prior to that date hence cannot considered for regularisation at this juncture.

5. Accordingly, the State Govt. may take up for implementation only such decision of pre 25.10.1980 period which could not be implemented because of Forest (Conservation) Act, 1980 intervening and propose regularisation of encroachments as per those decisions and in accordance with the eligibility criteria laid down in those decisions. No encroachments covered by any pre 25.10.1980 decisions-even though they might have occurred prior to that date-should now be considered

Annexure-V GUIDELIN S FOR LAYING TRANSMISSION LINES THROUGH

FOREST AREASE

1. Where routing of transmission lines through the forest areas cannot be avoided, these should be aligned in such a way that it involves the least amount of tree cutting.

2. As far as possible, the route alignment through forest areas should not have any line deviation.

3. (i) The maximum width of right of way for the transmission lines on forest land shall be as follows:

Transmission Voltage (KV) Width of Right of Way (Mts) 11 7 33 15

66 18 110 22 132 27

220 35 400 52

800 85 (ii) Below each conductor, width clearance of 3 mts. Would be permitted for taking the

tension stringing equipment. The trees on such strips would have to be felled but after stringing work is completed, the natural regeneration will be allowed to come up. Felling/pollarding/pruning of trees will be done with the permission of the local forest officer whenever necessary to maintain the electrical clearance. One outer strip shall be left clear to permit maintenance of the transmission line.

(iii) In the remaining width the right of way up to a maximum of 85 metres (for 800 KV lines) trees will be felled or lopped to the extent required, for preventing electrical hazards by maintaining the following:

Voltage (KV) Minimum clearance between conductors and trees (Mts)

11 2.6 33 2.8

66 3.4 110 3.7

132 4.0 220 4.6

400 5.5 The sag and swing of the conductors are to be kept in view while out the minimum clearance mentioned as above.

(iv) In the case of transmission lines to be constructed in hilly areas, where adequate clearance is already available, trees will not be cut.

4. Where the forest growth consists of coconut groves or similar tall trees, widths of right of way greater than those indicated at SI. No. 3 may be permitted in consultation with the CEA.

Annexure VI (a) Category of Proposals for which Cost-benefit

Analysis is Applicable

SI. No.

Name of proposal Applicable/ not applicable

Remark

1 All categories of proposalinvolving forest land up to 20hectares in plains and up to 5hectares in hills.

No applicable These proposals are to be considered on case by case by case basis and value judgment.

2 Proposal for defence installation purposes and oil prospecting (prospecting only)

No applicable In view of National Priority accorded to these sectors, the proposals would be critically assessed to help ascertain that the utmost minimum forest land above is diverted for non-forest use.

3 Habitation, establishment of industrial units, tourist lodges/complex and other building construction.

No applicable These activities being detrimental to protection and conservation of forest, as a matter of policy, such proposals would be rarely entertained.

4 All other proposals involving forest land more than 20 hectares in plains and more than 5 ha. in hills including roads, transmission lines, minor, medium and major irrigation projects, hydel projects mining activity, railway lines, location specific installations like micro-wave station, auto repeater centers, T.V. towers etc.

Applicable These are cases where a cost-benefit analysis is necessary to determine when diverting the forest land to non-forest use is in the overall public interests.

Annexure VI (b) Parameters for Evaluation of Loss of Forests

Nature of personal

SI. No.

Parameters Roads, tr. lines & railway lines

Minor irrigation projects, quarrying

of stones/metals

Medium &major irrigation, hydro

electric, large mining & other mlc. projects

1 Loss of value of timber, fuel wood and minor forest produce on an annual basis, including loss of man-hours per annum of people who derived livelihood and wages from the harvest of these commodities

To be quantified &expressed inmonetary terms

To be quantified &expressed inmonetary terms

To be quantified & expressed in monetary terms

2 Loss of animal husbandry productivity, including loss of fodder

To be quantified &expressed inmonetary terms

To be quantified &expressed inmonetary terms

To be quantified & expressed in monetary terms

3 Cost of human resettlement

To be quantified &expressed inmonetary terms

To be quantified &expressed inmonetary terms

To be quantified & expressed in monetary terms

4 Loss of public facilities and administrative infrastructure (toads, buildings, schools, dispensaries, electric lines, railways etc) on forest land or which would require forest land if these facilities were diverted due to the project.

To be quantified &expressed inmonetary terms

To be quantified &expressed inmonetary terms

To be quantified &expressed in monetaryterms

5 Environmental losses:

(Soil erosion, effect onhydrological cycle,wildlife habitat,microclimate upsettingof ecological balance).

Though technical judgment would be primarily applied in determining the losses, as a thumb rule the environmental value of one hectare of fully stocked forest (density 1.0) would be taken as Rs. 126.74 lakhs to accrue over a period of 50 years. The value will reduce with density, for example, if density is 0.4, the value will work out at Rs.50.696 lakhs. So if a project which requires disforestation of 1 hectare of forest of density 0.4 gives monetary returns worth over Rs. 50.696 lakhs over a period of 50 years, may be considered to give a positive cost benefit ratio. The figure of assumed environmental value will change if there is an increase in bank rate; the change will be proportional to percentage increase in the bank rate.

6

Suffering to ousters

The social cost of rehabilitation of an ouster (in addition of the cost likely to be incurred in providing residence, occupation and social services to him) be worked out as 1.5 times of what he should have earned in two years had he been not shifted.