Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 2013

[26th November, 2013]

In exercise of the powers conferred under sections 41 and 42 of the Indian Forest Act, 1927 (XVI of 1927), the Governor, Himachal Pradesh is pleased to make the following rules to regulate the movement of Forest Produce by land routes into, from and within the territorial limits of the Himachal Pradesh, namely:-

Rule - 1. Short title, extent and commencement.?

 

(1)     These rules may be called the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 2013.

(2)     They shall apply to the whole of the State of Himachal Pradesh.

(3)     They shall come into force forthwith.

Rule - 2. Definitions.?

 

(1)     In these rules, unless the context otherwise requires, -

(a)      'Act' means the Indian Forest Act, 1927 (XVI of 1927);

(b)      'section' means a section of the said Act;

(c)      'Division' means an executive forest management unit of forests constituted for the purpose of administration of forests and notified as such by the Government;

(d)      'Divisional Forest Officer' means an Officer holding the charge of the concerned division;

(e)      'Conservator of Forests' means an Officer holding the charge of the concerned forest circle; and

(f)       'Check Post' means any post so specified under the provisions of these rules for checking and regulating the movement of forest produce.

(2)     All other words and expression used but not defined in these rules shall have the same meaning as assigned to them in the Act.

Rule - 3. Transportation with property mark(s).?

 

No person shall transport or cause to be transported any forest produce other than fuelwood, Khairwood, bamboos, charcoal medicinal plants, grass, other plant parts including bark, leaves, stem, roots, flowers, fruits, cones, and seeds that does not bear the imprint of the registered mark.

Rule - 4. Registration of property mark and its use.?

 

(1)     All persons willing to transport forest produce other than under Rule 3 by land routes shall register at the office of the Divisional Forest Officer the mark or marks which indicate their propriety rights in such forest produce; provided that no mark is required to be imprinted on any timbal which is being transported within the concerned revenue estate only by a right holder in consequence of a grant to that effect in his favour.

(2)     No person shall be allowed to register any mark(s) already registered in favour of other persons or the Department. The Divisional Forest Officer may refuse registration of any mark(s) which according to him closely resemble(s) used by the Government Department or has/have been registered in favour of some other person(s).

Rule - 5. Issue of certificate of registration.?

 

A certificate showing the facsimile or the mark, the date of registration, the period for which it is valid and acknowledging the payment of fees shall be issued to every person registering his mark(s).

Rule - 6. Validity period of Registration Certificate.?

 

Every certificate of registration shall be valid for three years commencing from the date of registration. The registration fee in respect of each mark shall be Rs. 500/- and if the number of marks to be registered in favour of one person exceeds three, the fee shall be Rs. 1000/- for each such additional mark. However, no fee is payable by any Government Department.

Rule - 7. Issue of pass for Export or transport of Forest Produce.?

 

No pass shall be issued for any unmarked forest produce other than fuelwood, khairwood, bamboos, charcoal, medicinal plants, grass, other plant parts including bark, leaves, stem, roots, flowers, fruits, cones and seeds as bears the marks not registered as herein after provided:-

(i)       the Divisional Forest Officer may refuse to issue a pass for export or transport if he has reasons to believe or for any other valid reasons that the forest produce has not been legally obtained by the applicant. However, the refusal to issue a pass shall be made in the shape of self-speaking written order; and

(ii)      the person who has been refused the issue of pass may within fifteen days of the date of refusal prefer an appeal to the Chief Conservator/Conservator of Forests incharge of the area concerned and his orders on appeal shall be final.

Rule - 8. Prohibition on transport of Forest Produce.?

 

(1)     No person shall transport or cause to be transported any forest produce, except that obtained from plant species specified in and obtained in accordance with provisions contained in Schedule-I of Annexure-D by land routes, without obtaining pass (Annexure-A) from the concerned Divisional Forest Officer or any officer or person so authorized.

Explanation for the purposes of rule 8 - Divisional Forest Officer shall include an officer holding the charge of the Division from where the forest produce has been , extracted under contractual agreement.

(2)     No such pass shall be issued in case of forest produce obtained from species declared as prohibited or banned for collection or harvesting under any law (Act, Rule or Order) applicable in the State except when such collection is carried out as per specific provisions provided in that Act, Rule or Order.

(3)     No person shall transport or cause to be transported any timber for conversion for sawing or for sale en route.

(4)     No person shall transport or cause to be transported any timber except firewood, pulpwood, bamboo and that obtained from plant species listed in and obtained in accordance with provisions contained in Schedule - 'I' of Annexure-D unless the timber is properly affixed with an export hammer mark by the forest officer authorized by the Conservator of Forests concerned.

Rule - 9. Transport Routes and other conditions.?

 

(1)     The authority issuing the pass shall specify a route by which alone the forest produce may be transported for export outside Himachal Pradesh in such a manner that the forest produce crosses through one of the following barriers established by the Excise and Taxation Department:-

 

Provided that such authority shall also specify the check post(s) where the forest produce shall be compulsory checked en-route:

Provided further that no timber or other forest produce from any forest depot or intermediate depot or first station/depot of despatch shall be loaded in vehicles, trollies, bullock-carts etc. after sun-set and before sunrise. The Divisional Forest Officer concerned may further impose any restriction(s) if so warranted for controlling the movement of the forest produce after sun-set and before sun-rise.

(2)     In case the produce is not to be exported outside the territory of Himachal Pradesh, the authority issuing the pass shall specify the route by which alone the forest produce may be transported and shall also determine the check post(s) where it shall be compulsory checked.

(3)     The issuing authority shall also determine the other conditions subject to which the pass shall be issued and shall also determine the period for which the pass shall remain valid. However, the validity of any pass shall under no circumstances exceed a period of Six months including any extension(s) allowed. A fee of Rs. 100/- shall be leviable for the issue of such pass:

Provided that the export pass fee @ Rs 200/- per quintal shall be levied in case of resin to be exported outside the State of Himachal Pradesh:

Provided that permit fee in case of forest produce obtained from species listed in Schedule-II of Annexure-"D", shall be as specified in it:

Provided that permit fee in respect of forest produce obtained from species, including that listed in Schedule-II of Annexure-D, cultivated on private land in accordance with provisions contained in Schedule-III of Annexure-'D' shall be Rs. 100/-:

Provided further that in respect of medicinal plants as included in Schedule-II of Annexure-'D', purported to be transported to the notified Herbal/Agricultural Mandis, permit fee shall be levied in accordance with procedure detailed in Annexure-"E".

Rule - 10. Issue of Challan(s).?

 

The person in whose favour the pass has been issued or his authorized Agent shall carry a challan (Annexure-B) to accompany the forest produce in case all the forest produce cannot be transported at the same time and the pass cannot accompany the forest produce. The challan will be valid for a maximum 60 hours.

Rule - 11. Setting up of check post(s).?

 

(1)     The Divisional Forest Officer may with the permission of the Conservator of Forests notify the setting up of a check post or check posts at suitable point(s) for purposes of check and examination of forest produce.

(2)     At every check post, registers (Annexure-C) to record the details of forest produce passing through the check post shall be maintained.

Rule - 12. Production of pass/challan for examination.?

 

Forest Officer or Police Officer may at any time require any person transporting forest produce to produce the pass/challan as issued for the transportation of such produce. No person is entitled to transport forest produce by virtue of pass/challan which he does not himself held but is or is stated to be in the hands of some other person.

Rule - 13. Detention of Forest Produce and other articles etc.?

 

In the event of the pass/challan not being produced, the Forest Officer or Police Officer may detain the Forest Produce, vehicle, camels, mules etc. by which it was being transported and cause the same not to move as long as may be reasonably necessary to examine the forest produce and/or till the valid pass/challan is produced.

Rule - 14. Seizure of Forest Produce and other articles etc.?

 

In the event of the pass/challan being not produced, the Forest Officer or Police Officer shall seize the forest produce and means of transport and other articles, in accordance with the law in force.

Rule - 15. Exemption to right holders obtaining of pass.?

 

Notwithstanding anything contained in these rules, a right-holder who has collected forest produce in exercise of his recorded rights may, without obtaining a pass transport such forest produce within the revenue estate in which it has been so collected:

Provided that no timber will be removed from the forests unless checked and hammer marked and detail of timber extracted written on the overleaf of the permit by the forest officer authorized in this behalf.

Rule - 16. Bar on booking of forest produce by rail, by post and by air.?

 

No person shall offer any forest produce for export by rail on any railway station or by post at any post office or by air on any airport within Himachal Pradesh unless it is covered by the pass issued under these rules and nor Railway, Postal, Airport authority shall accept any forest produce for transport/transmission by rail, post or air, unless it is accompanied by a valid pass.

Rule - 17. Bar on altering or defacing of marks.?

 

No person shall without the written permission of the Divisional Forest Officer alter or deface or obliterate any mark placed on any forest produce while in transit.

Rule - 18. Penalty for breach of rules.?

 

Any person who contravene these rules shall be liable to imprisonment for a term which may extend to six months or with fine which may extend to rupees Five thousand or with both and the forest produce being transported may also be seized and dealt with under the provisions of the Indian Forest Act:

Provided that the penalties will be doubled in cases where the offence has been committed after sun-set or before sun-rise, or after resistance to the lawful authority oR where the offender has been previously convicted for similar offence.

Rule - 19. Repeal and Savings.?

 

(1)     On and from the date of commencement of these rules, the Himachal Pradesh Forest Produce Transit (Land Routes) Rules, 1978 are hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the rules so repealed, shall be deemed to have been done or taken under the corresponding provisions of these rules.

 

Annexure-A

 

(See Rule 8)

 

Forest Department,

 

Himachal Pradesh

 

Pass For Export Or Transport Of Forest Produce

 

From___________________________________________________________________Forest Division.

Sr. No.________________________________________________________________________

(Original/Duplicate/Triplicate/Quadruplicate)

Pass No.________________________________________________Dated___________________________

1.        Name and full address of the person(s) to whom the pass is granted

2.        Date of issue

3.        Forest Produce covered by the pass

(Details overleaf/attached and countersigned under office seal)

4.        Route(s) by which forest produce will be transported

5.        Whence obtained

6.        Place to which consigned

7.        Date of expiry of permit.

8.        Property Marks.

Note:- (1) In case of Forest Produce being booked by rail from any railway station in Himachal Pradesh of the Northern Railway the concerned Station Master may please endorse on the back of the pass, the quantity of timber or any other Forest Produces) booked alongwith the date and the destination so as to facilitate further checking.

(2) After the expiry of permit (pass) the grantee will please report as to whether it has been availed of in full or in part.

Divisional Forest Officer

________Forest Division

(Seal Of Office To Be Affixed).

No.______________________________________________________Dated__________________

1.        Range Officer____________________ for information and necessary action with reference to his report No. ___________ dated ___________________________

2.        Incharge check post_____________________________________for information and necessary action(copy for each check post to be issued separately).

3.        Shri/M/s_____________________________for information and necessary action.

Divisional Forest Officer

________Forest Division

Annexure-B

(Challan Form)

(See Rule 10)

Sr. No.___________________________ Challan No ___________ Date ____________ issued by DFO Forest Division ___________ IN FAVOUR OF _______________

Date of Time of Issue______________

Date and Time of Expiry____________

 

Remarks:

 

Property marks

 

Export Hammer marks

.........................................................................................

.........................................................................................

 

Name of person Incharge Produce ____________________________________________________

Designation _____________________________________________________________________

Check Post(s)(Via) ________________________________________________________________

(one copy of challan to be sent to each check post)

Vehicles(Kind and No. etc. ___________________________________________________________)

Signature of Grantee

Or                 
             

Authorized Agent     

Annexure-C

(See Rule 11)

Register Of Export Of Timber And Other Forest Produce At Check Post _________

1.        Name and full address of permit Holder

2.        Issuing authority of permit

3.        Permit No. and date of issue with details of timber or other Forest Produce allowed be transporting/exporting

4.        Date of expiry of permit

5.        Distinctive property or Khudan Mark

6.        Place to origin/where from carried

7.        Place to which consigned/destinations

8.        (i) Route and

(ii) Check post(s) specified for transport

Book No./Challan No.

Description of timber or other produce

 

 

Annexure-D

 

Schedule-I

 

[See Rule 8 (1)]

 

Forest Produce obtained from the following Plant Species Growing on Private Land Exempt from the requirement of Transit Pass

 

Export of Kuth (Saussurea costus/lappa) will,however, be subject to fulfilment of requirement under Wildlife (Protection) Act, 1972.

The removal and transportation of the forest produce obtained from plants species listed in this Schedule and growing on private lands shall be in accordance with the following provisions:

(i)       The landowner shall intimate in writing to the concerned Range Forest Officer through the local Forest Guard of his intent to harvest the forest produce from plant species listed in this schedule alongwith estimate of yield before starting the harvest.

(ii)      The Range Forest Officer may himself or through his representative inspect the land from which such harvest is proposed and verify the yield.

(iii)     Range Forest Officer shall issue a letter to the landowner giving detail of forest produce obtained from private land.

(iv)    The landowner shall carry this letter during transportation of the verified produce.

Schedule-II

See Rule 9 (3)

List of Forest Produce and Permit Fee Thereon

 

Schedule-III

[See Rule 9 (3)]

General Provisions relating to Registration of Grower, Cultivation of Medicinal Plants on Private Land and Transportation of Produce so Obtained

A.        Registration of Growers for Cultivation of Medicinal Plants:

1.        Every grower intending to cultivate medicinal plants listed in Schedule-II on his/her private land shall get himself/herself registered with the concerned Divisional Forest Officer (DFO) by paying a registration fee Rs. 100/-. For this purpose, the grower will submit completed applications in the specified format given in Schedule-III(A), in duplicate, alongwith registration fee to the Deputy Ranger of the concerned block, who will (i) return one copy to the grower after acknowledging the receipt of application and (ii) submit the application to the concerned Range Forest Officer (RFO) for getting registered with the DFO. After registration, the Forest Guard will hand over the registration certificates, in the given format given in Schedule- III(B), to the applicant, within one month of submission of application.

2.        Applicant shall submit registered power of attorney alongwith application for registration in case the land is not in his name.

3.        The registration shall be valid only in respect of the species for which registration has been obtained.

4.        Registration shall be valid for a period of five years from the date of registration, after which it would need to be re-registered.

B.        Cultivation of Medicinal Plants:

1.        The growers shall inform the concerned RFO through the local Forest Guard about the medicinal plant species cultivated by him/her on his/her private land within one month of sowing/planting.

2.        The grower shall procure seed/germplasm for cultivation from certified sources only and shall not collect/remove the same from wild resources, unless permitted in writing by the Divisional Forest Officer (DFO).

3.        The grower shall get the khasra-wise land details bearing medicinal pirn cultivation entered in the revenue records for the year.

4.        The Range Forest Officer (RFO) or his representative may visit the fields under medicinal plant cultivation within the gestation period and certify the extent and quality of such crop.

5.        The grower shall inform the Range Forest Officer through the local Fora Guard about the time of harvest (i) at least one month in advance, and (ii) immediately after harvesting.

6.        The grower shall make the necessary records pertaining to the medicinal plant cultivation on his/her land available to the RFO or his representative to facilitate verification of cultivation.

C.        Transportation of Produce Obtained from Cultivated Sources:

1.        The grower or his authorized person shall transport the material after obtaining necessary transit pass under these Rules from the Divisional Fora Officer.

2.        Other regulations to transport the cultivated produce shall be as per the provisions of these rules.

D.       Penalty, etc. for Violation of Provisions:

In case of violation of provisions contained in this annexure, the registration shall be cancelled and produce shall be seized and further action shall be taken as per law.

Schedule-III(A)

[See Schedule-III]

(Application Format for Registration of Growers)

Name of Applicant:

Address:

Name of Panchayat:

Land details (attach copy of revenue papers):

Khasra Nos.:

Total Area:

Medicinal Plant Species Proposed to be Cultivated:

Undertaking by the Applicant: Having read the general provisions contained in Annexure-D of the H.P. Forest Produce Transit (Land Routes) Rules, 2013, I undertake to cultivate medicinal plant species in accordance with the given provisions. I further undertake that in case of any violation of the provisions under the rules, I shall be liable to be proceeded against under provisions of the law.

Signature of the Applicant

For Office Use:

Application Received on _______________________

Signature & Name of Block Officer

Name of Beat______________

Name of Block_____________

Name of Range_____________

Name of Division____________

Application received in the Office of RFO______________________

Application received in the Office of DFO_____________________

Registration Number and Date:___________________________

Signature and Seal of DFO

Schedule-III(B)

[See Schedule-III]

(Certificate Format for Registration of Growers)

Registration No.:_________________________

Date:_____________________

With respect to his/ her application dated _______________, Sh./Smt. _______________ s/o / d/o Sh._____________________, and resident of ______________ falling under _________________________ Panchayat has been registered as a grower of medicinal and aromatic plants on his/ her private land/leased land bearing khasra nos. ________________________________ involving area __________ bighas in respect of the following species:

This certificate is valid for five years from the date of registration.

Terms and Conditions of Registration: The registered grower shall undertake cultivation of medicinal species permitted for cultivation in this certificate strictly in accordance with general provisions contained in Annexure-D, appended to the H.P Forest Produce Transit (Land Routes) Rules, 2013. In case of any violation of the provisions of these rules, this certificate of registration is liable to be cancelled and the violator shall be proceeded against under provisions of the law.

Signature and Seal of DFO

Annexure-E

[See Rule 9 (3)]

Guidelines for Transit of Medicinal Plants, Seeds and Miscellaneous NTFPs to the notified Herbal Mandis and Sale thereof

1.        Persons intending to transport forest produce, collected from wild/cultivated land, of the species listed under Schedule-II of these rules to the notified Herbal Mandis (operated by HPSFDC and/or APMC) within Himachal Pradesh, shall apply to the Divisional Forest Officer (DFO) for issue of 'Pass' to Herbal Mandis' on Annexure-E(I) (prototype of application form given below) alongwith a Permit Fee of Rs. 10/-. No Export Fee will be leviable on such forest produce being transported to the herbal mandi.

2.        The DFO shall issue 'Pass to Herbal Mandis' on Annexure-E(2) to such applicant after getting the forest produce verified from his field staff, within three (3) days of receipt of application verification (prototype of such pass given below as Annexure-E(2).

3.        The applicant shall transport the material to the sale depot within 7 days of receipt of pass to Herbal Mandis.

4.        The produce thus brought to the notified herbal mandis shall be put to auction by the concerned sale depot authorities as per specified auction rules.

5.        On successful completion of sale, the concerned DFO in whose jurisdiction the herbal mandi exists shall issue the necessary Transit Pass under these rules to the buyer(s) after recovery of Export Fee prescribed in Schedule-II from the buyer(s).

Annexure-E-(1)

[See Annexure-E]

(Application For issuance of Pass by persons desirous of transporting notified medicinal plants/parts thereof to Herbal Mandis)

Name of Applicant:

Address:

Name of Panchayat:

Species to be transported to Sale Depots:

If cultivated, Registration No.:

Name of Sale Depot:

Undertaking by the Applicant: I certify that the material has been collected in accordance with the regulation and prescribed procedure. I undertake to transport the material as per details given above directly to the destination/ herbal mandi as requested for. I further undertake that in case of any violation by me on this account, I shall be liable to be proceeded against under provisions of these rules.

Signature of the Applicant

Verification by the Field Staff:

Certified that:

1.        The above material has been collected in accordance with the regulation and prescribed procedure.

2.        The applicant has not committed any forest offence in respect of the produce being transported.

3.        I have checked the quality and quantity of the above-mentioned forest produce and is found correct.

4.        The necessary pass in favour of the applicant is recommended.

 Signature of Beat Guard:

Verification by Block Officer:

Recommendation by Range Officer:

Annexure-E-2

[See rule 9(3) proviso, 3]

Pass for transit of Non-Timber Forest Produce (NTFP) to notified Herbal Mandis

Pass No.:______________________

Date: __________________

With respect to his/her application dated_____________________________, Sh./Smt. __________________________ s/o / d/o Sh.___________________________, and resident of ________________________________________________, falling under ________________ Panchayat, is allowed to transport medicinal plants, seeds resident of and miscellaneous NTFPs and parts thereof to ___________________________ Herbal Mandi, in respect of the following species:

Name & Signature of the Forest Guard

Beat.........................................

Block.......................................

Range.....................................

Division....................................

Copy to: Applicant/Range Officer/Check Post/ I/c Herbal Mandi