Authoritative text of
English Version of this Department Notification No. Fts(A)3-l/81, dated 1st
June, 1983 is published under Article 348(3) of the Constitution of India for
the general information of the public. In exercise of powers
conferred under section 21 of the Himachal Pradesh Land Preservation Act, 1978
(Act No. 28 of 1978)the Governor, Himachal Pradesh is pleased to make the
following rules for purposes of carrying into effect the provisions of the said
Act. (1)
These rules may be called
the Himachal Pradesh Land Preservation Rules, 1983. (2)
These rules shall come into
force with immediate effect. In these rules, unless
the context otherwise requires:- (a)
"Act" means the
"Himachal Pradesh Land Preservation Act 1978" (28 of 1978); (b)
"Section" means
the section of the Act; (c)
"Chief Conservator of
Forests" means the Chief Conservator of Forests, Himachal Pradesh; (d)
"Divisional Forest
Officer" means the Forest Officer Incharge of a territorial Forest
Division; (e)
"Range Officer"
means the Forest Officer, incharge of a territorial Forest Range; (f)
"Forest Guard"
means the Forest Guard incharge of a territorial Forest beat; (g)
"Form" means a
form appended to these rules; (h)
"Term" bonafide
domestic or agricultural purposes shall not include:- (i)
Removal and use of timber
for construction work, or any other forest produce other than grass outside the
Revenue Estate in which the land is situated; (ii)
Use of firewood for burning
of bricks, manufacture of katha or any other manufacturing process except
burning of charcoal for domestic local use; and (i)
All other words and
expressions used herein but not defined and defined in the Himachal Pradesh
Land Preservation Act, 1978, have the meanings respectively assigned to them in
that Act. (1)
Before issuing a Notification
in respect of any area under Section 4, 5 or 6, an enquiry shall be held by a
gazetted Officer nominated by the Chief Conservator of Forests to ascertain the
facts for issue of such notification. (2)
The said Officer shall visit
the area(s) to be notified and among other things, may examine the following
aspects:- (i)
The situation of the area; (ii)
Configuration and condition
of the area; (iii)
Present land use practices
and their effect on general sub-soil water table. (iv)
Extent and degree of water
and wind erosion and reasons of erosion. (v)
Attitude of the public
regarding imposing of restrictions. (vi)
Whether the existing
management is adequate to maintain and improve the soil status or not. (3)
And or base his enquiry on
the overall damage caused to property, land and tree growth which may have been
assessed as a consequence of any study made in regard to damage caused due to
floods or other natural calamities. (4)
After the completion of
enquiry, the Chief Conservator of Forests shall forward the same to the State
Government with his recommendations. (5)
The State Government after
satisfying itself may issue a Notification, to temporarily regulate, restrict
or prohibit any action, under section 4, 5 or 6, for a period not more than 30
years. (1)
For Bonafide Domestic &
Agricultural Purposes: (a)
There will be no restriction
on the use of forest produce for bonafide domestic purposes of fuel and fodder. (b)
The owners for their bonafide
domestic and agricultural use may fell trees as per procedure and extent of
trees specified under Notifications issued under Section 4 or 5 of the Act. (c)
The trees allowed for
felling for bonafide domestic and agricultural use will be marked as per
instructions of Chief Conservator of Forests Himachal Pradesh. (d)
The owners shall send
written information regarding the trees felled without permission to the Range
Officer concerned, through beat guard. Range Office shall send a copy of such
information to Divisional Forest Officer for his record. (e)
The Beat Guard shall
maintain a proper record on a Register of all such fellings done for domestic
and agricultural use with or without permission as per Notification issued
under Section 4 and shall affix his hammer mark on such felled stumps. The
produce of such trees may be checked by him from time to time fill it is
consumed for the purpose for which it has been converted. No export of any part
of the produce of such trees will be allowed. (2)
For Sale: (a)
The trees of all species for
sale shall be felled by the owners in accordance with the felling cycle
prescribed vide notification issued under Section 4 of the Act. (b)
Permission for removal of
trees for sale shall be accorded by various functionaries as per limit and
extent prescribed under above referred Notification. (c)
Application of felling of
trees and removal of forest produce shall be submitted to the Divisional Forest
Officer concerned by the owners. (d)
The area from where the
trees are intended to be sold by the owner shall be demarcated by the Revenue
Officer not below the rank of Naib Tehsildar in the presence of Range Officer
of the area concerned and nominee of the Agent. Provided that where Naib
Tehsildar is not posted, the demarcation of the area shall be carried out by
Field Kanungo. (e)
The silvicultural marking of
the trees shall be done as per rules framed/instructions issued by the Chief
Conservator of Forests, Himachal Pradesh from time to time. No clear felling of
the areas shall be allowed even for purpose of raising orchards. (f)
The Divisional Forest
Officer shall issue permission for felling of trees and permit for collection
or removal of forest produce. (g)
While issuing felling
permission/permits, Divisional Forest Officer may impose such
restrictions/conditions as he may consider necessary in the interest of forest
conservancy and misuse of forest produce so extracted. (h)
The Divisional Forest
Officer while issuing the permission for felling of trees may indicate the
number and species of the plants to be planted as compensatory plantation as
provided under rule 4(c). (i)
The provisions of H.P.
Forest Produce (Regulation of Trade) Act, 1982 and the rules made thereunder
shall apply as such for the sale of trees. (3)
Compensatory plantations: (a)
Any person(s) felling the
trees either for domestic or agricultural use or for sale shall be required to
plant at least 3 trees for one tree felled. In case, however, a fruit orchard
is planted in such area, it shall be planted according to the norms laid down
by the State Horticulture Department for complete stocking of the area. The
success of such plants planted shall be the responsibility of the owners which
shall be checked frequently by the staff of Forest/Horticulture Department. (b)
Divisional Forest Officer
may require the owner to deposit such amount not exceeding Rs. 3.00 per plant
(to be planted) for carrying out compensatory planting so that plants could be
planted if the owner(s) fails to plant 3 plants for every tree felled, within
one year of felling. (4)
No tree shall be granted to
such owner(s) from the Government forests at the right holders rate for the
next 10 years who sell trees from their private lands. (5)
(a) The extraction of resin
will be undertaken with the written permission of the Divisional Forest Officer
concerned in accordance with the instructions issued by the Chief Conservator
of Forests, Himachal Pradesh from time to time laying down the period of
extraction, number of blazes, length, width and depth of blazes and other
related matters. (b)
No resin so extracted shall be removed/exported by any person from the area
under tapping without obtaining an export permit from the Divisional Forest
Officer concerned as per rules framed. (c)
The provisions of Himachal Pradesh Resin & Resin Products (Regulation of
Trade) Act, 1981 and rules made thereunder shall apply as such for the
extraction of resin by owners. (1)
The notice under section 8
& 9 shall be issued by the Deputy Commissioner in the form given in
Annexure-I. This notice shall be in the local language of the area and will be
served through Gram Panchayats concerned. (2)
Any person aggrieved by an
order contained in such a notice given under section 8 & 9 may serve a
notice of his objection, alongwith necessary evidence, to the Deputy
Commissioner. Before passing final orders, the Deputy Commissioner shall
consult the Divisional Forest Officer regarding technical aspects. (3)
Every order issued under
section 8 & 9 shall be sent to the land owners through registered post
Copies of the order shall also be displayed at conspicuous places. (4)
The Deputy Commissioner
while making an order on objections brought under section 9 shall be guided by
the following:- (i)
Necessity of treatment of
catchment area as a whole: (ii)
Potential damage to the
adjoining lands as a result of soil erosion in the said area; (iii)
Effect (of soil erosion) on
the sub soil water table. (iv)
Siltation in water
reservoirs within or adjoining the area due to soil erosion; (v)
Need for safe guarding and
protection of lines of communication against any danger due to degradation of
areas; (vi)
Need for improvement in
Forest conservancy environment and ecological status. (1)
Before issuing a
notice/notification in respect of any land under section 9(1) and 9(2), an
enquiry by an officer not below the rank of Assistant Conservator of Forests
shall be held. (2)
The said officer shall visit
the area and among other things shall study the following aspects:- (i)
The necessity of getting the
works executed and fixing the time limit for the execution of such works; (ii)
The nature of damage being
done to the adjoining property including habitation by the stream/Cho; (iii)
Necessity of regulating the
flow of water by draining the streams to minimise the damage; (iv)
Desirability &
feasibility of reclaiming the land in the stream Cho bed; (v)
Desirability and feasibility
of execution of other works and measures for such execution of works. (3)
The said Officer shall make
proposals indicating the nature and extent of remedial measures. (4)
After completion of such an
enquiry, the enquiry report alongwith recommendations of the enquiry officer
shall be submitted to the Deputy Commissioner of the area concerned through the
concerned Conservator of Forest for appropriate orders. Secretary (Forests)
to the Government of Himachal Pradesh Annexure- I Office of Deputy
Commissioner.............................District......................Himachal
Pradesh. Notice Information or
Warning Under sections 8 and
9 of the Himachal Pradesh Land Preservation Act, 1978 (Act No. 28 of 1978) the
following area of village.................Tehsil...................is closed
under section 4, 5 and 6 (delete which is not applicable) in accordance with
Notification No.......................dated......................(copy
enclosed) and restrictions and restraints as specified in the aforesaid
notification are imposed Description of area: Name of village. No. Khasra No. 2. These restrictions
shall remain in force from.................to................... 3. Therefore, under
section 8 and 9 of the Himachal Pradesh Land Preservation Act, 1978 (Act No. 28
of 1978) this notice is being issued to every such person who has
objection/claim against these restrictions/restraints which can be filed by him
in writing or orally before................... He shall also inform the mode
and type of compensation acceptable to him. 4. The above
mentioned area has been demarcated on the spot and its boundaries/location can
be ascertained from village Sarpanch/Lambardar or other concerned official.
Necessary information may also be obtained from halqua Patwari as well.Himachal Pradesh Land
Preservation Rules, 1983
[27 August 1983]