In compliance with the
directions of the Hon'ble Supreme Court of India in its order dated 12th May,
2001 in W. P. (Civil) No. 202 of 1995 and in exercise of powers conferred under
sections 40 and 72(c) of the Assam Forest Regulation, 1891 (Regulation VII of
1891), the Governor of Assam is pleased to make the following Rules for
controlling the felling and removal of trees from non-forest lands in the
manner hereinafter appearing. (a) These
rules may be called 'Assam (Control of felling and removal of trees from non-forest
lands) Rules, 2002'. (b) These
rules shall be applicable to the whole of Assam in respect of non-forest land
as defined in 2 (c) below. (c) These
rules shall come into force with effect from the date of their publication in
the official gazette. In these rules, unless there is anything repugnant in the
subject or context. (a) "Govt."
means Government of Assam ; (b) "Forest"
means (i) Reserved
Forest or Protected Forest or any other areas legally constituted as forest, (ii) Any area
recorded as "Forests" in Government records maintained by the Forest
Department or any other Government departments ; and (iii) Land to be
treated as deemed forest as per Supreme Court Orders dated 12.12.96. A
continuous patch of 10 ha. or more having not less than 200 naturally grown
trees per ha. on an average. (c) "Non-forest
land" for the purpose of these Rules means area which is not
"forest" as per 2(b) above. (d) "Plantation"
means a continuous patch of two ha. or more having tree plantations. This will
not include trees planted along farm bunds and species such as rubber , areca
nut etc. and the shade trees in tea garden areas. (e) "Rules"
means Assam (Control of felling and removal of trees from non-forest land) Rules,
2002. (f) Other
expressions as defined in the Assam Forest Regulation, 1891 (Regulation VII of
1891) shall be followed for the purpose of these Rules. 3.1. Tree plantations
raised in non-forest areas by an individual or institution or non-government
organisation or any other non-government agency shall be registered with the
Divisional Forest Officer in the manner as shall be prescribed in this behalf
by the Principal Chief Conservator of Forests. 3.2. While registering
a plantation, it shall be ensured that the applicant is the legal tide holder,
and it is a non-forest land as per 2 (c) above. 3.3. The Divisional
Forest Officer shall prepare and make available a certificate of such
registration, in a manner as prescribed by the Principal Chief Conservator of
Forests. 3.4. The registration
certificate shall normally be issued within 60 days of the receipt of complete
application by the Divisional Forest Officer. 3.5. The plantations
of tree species not requiring felling permission need not be registered. 3.6. The tide holder
shall have to pay a fee of Rs. 100/- per ha. per year for late registration of
his plantation, if he does not register his plantation within the time frame as
prescribed by the Principal Chief Conservator of Forests. 4.1. For felling and
conversion of trees of the following species from non-forest areas, no felling
permission from the Forest Department under these rules is needed: Aam (Mangifera indica), Jamun (Syzygiurn cumin), Kathal
(Artocarpus integrifolia), Eucalyptus, Poplar, all species of home grown
bamboo, Leteku, Pamol and Madhuriam (Psidium guajava). 4.2. The State Government may add or delete species
in 4.1 above with prior approval of the Central government. 5.1. The permission
for felling of trees from non-forest areas including from registered
plantations shall be granted following the provisions as prescribed by the
Principal Chief Conservator of Forests, Assam, issued with prior approval of
the Forest Department. 5.2. Permission for
felling of trees for self-consumption shall normally be granted within 30 days
from the date of receipt of application, complete in all respects, by the Divisional
Forest Officer. In such cases no Transit Passes shall be issued against the
operated trees. Permission for felling of trees in other cases shall normally
be granted within 60 days from the date of receipt of applications, completed
in all respects, by the Divisional Forest Officer. 5.3. In case of
registered plantations felling permission shall normally be granted within 30
days. The transit of timber from non-forest land shall be
regulated as per the provisions of relevant acts/rules/regulations/guidelines
regarding movement of timber or timber products. 7.1. Timber obtained
from trees felled in violation of these instructions, shall be seized and
confiscated to the Government. However, the Divisional Forest Officer shall be
at liberty to release the timber obtained from such trees, to the legal title
holder(s) after recovery of an amount equal to 50% of the government royalty of
the timber. The Principal Chief Conservator of Forests may restrict/prohibit
the issue of Transit Passes in such cases. 7.2. The seizure of
timber as per 7.1, above is without prejudice to any action or penalty as
prescribed under the relevant acts/rules. For violation of the provisions of these Rules,
appropriate penalties maybe imposed on any person(s) as per the procedure
contained in Chapter VIII of the Assam Forest Regulation, 1891 (Regulation VII
of 1891) and rules or orders thereunder.ASSAM (CONTROL OF FELLING AND REMOVAL OF TREES FROM
NON-FOREST LANDS) RULES, 2002
PREAMBLE