KARNATAKA FOREST RULES, 1969

[1st March 1969]

 

Bangalore, dated 1st March 1969

 

[1][G.S.R. 116- In exercise of the powers conferred by sections 30?, 33, 38, 50, 59, 97,101 and 102 of the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964), the Government of Karnataka, hereby makes the following rules the draft of the same having been published in Part IV-2-C- (i) of the Karnataka Gazette (Extraordinary), dated 19th August 1967 as G.S.R. 361, dated the 17th August 1967 publish the following rules:-

 

CHAPTER-I PRELIMINARY

Rule - 1. Title:-

 

These Rules may be called the Karnataka Forest Rules, 1969.

 

Rule - 2. Definitions:-

 

In these rules unless the context otherwise requires:-

(1)     ?Act? means the Karnataka Forest Act, 1963;

(2)     ?Forest area? includes all lands notified as forest under any law or administered as forest whether State owned or private and whether wooded or maintained as potential forest land;

(3)     ?Forest block? means a natural main division of a forest, generally bearing a local proper name of number.

(4)     ?Forest laws? means the laws pertaining to the Act and these rules and include the ordinary penal laws of the country when they are utilised in the interest of forest conservancy and protection;

(5)     ?Form? means a form appended to these rules;

(6)     ?Minor forest produce? means forest produce other than timber sandalwood, firewood, charcoal bamboos and minerals, and includes forest produce such as myrobalams barks, fibres, flosses, gums, resin, dyes, grass, leaves, roots, fruits, seeds, creepers, reeds, moss, lichens, wood-oil, honey wax, lac, wild animals wild birds, Government trophys horns, horns, hides, bones, tusks, etc.

(7)     ?Section? means a section of the Act;

(8)     ?Seigniorage value? means the royalty payable by consumers and purchasers for the collection and removal of forest produce from forests on licences or permits at the rates fixed by Government.

(9)     ?State? means the State of Karnataka.

(10)   ?Un-reserved trees? mean trees other than reserved trees.

 

 

CHAPTER-II CONSTITUTION OF RESERVED FOREST

Inquiry by Forest Settlement Officer

 

Rule - 3. Preservation of claims:-

 

Claims on behalf of a family may be presented by any member of that family, on behalf of a tribe or community by any member of the tribe or community, on behalf of joint claimants or khatedars by any one of the joint claimants or khatedars, and on behalf of a village by the Patel of the village. Otherwise, save as provided by Rule 4, all claimants must appear in person before the Forest Settlement Officer.

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Rule - 4. Employment of counsel by claimants:-

 

A claimant may employ a legal practitioner or any person duly authorised by him in writing in this behalf to represent him before the Forest Settlement Officer.

 

Rule - 5. Joining of claims of the same area and enquiry:-

 

(1)     The Forest Settlement Officer may, at his discretion, at any stage of enquiry, join any number of claims relating to the same proposed reserved forest and hold a common inquiry, or may split any claim or claims and hold separate inquiries.

(2)     The claimant and the Forest Officer appointed under sub-section (2) of section 4 may examine themselves and witnesses in support of their contentions, cross examine the witnesses of other side produce documents and advance arguments. If request is made by them in writing, copies of evidence recorded at the enquiry, document received in evidence other papers, if any, relating to the enquiry and orders passed by Forest Settlement Officer shall be granted.

 

Rule - 6. Forest Settlement Officers jurisdiction to enquire:-

 

The Forest Settlement Officer shall inquire into and determine the existence, nature and extent of rights in or over the land or forest produce, and shall have no jurisdiction to enquire into a right to the proceeds of a forest produce.

 

Rule - 7. Forest Settlement Officer?s work:-

 

The Forest Settlement Officer accompanied, when possible, by a competent Forest Officer shall perambulate and inspect the proposed reserved forest and shall as settlement proceeds, with the aid of a Surveyor deputed by the [2][Deputy Conservator of Forests], if such be available, mark on it such changes in the proposed boundary as he may consider, after hearing the parties interested and the [3][Deputy Conservator of Forests] on the matter, and such other corrections as the map may require.

 

Rule - 8. Forest Settlement Officer?s Note Book:-

 

The Forest Settlement Officer shall record in his own hand, the results of his inspection and perambulation if any. Alterations and exclusions to be made from the proposed reserve forest shall be authenticated by his signature and communicated officially to the [4][Deputy Conservator of Forests].

 

Rule - 9. Settlement of Forest with numerous rights:-

 

It is not desirable to form reserved forest subject to numerous petty rights to be regulated by several checks and formalities, the enforcement of which is a constant source of vexation to the public. In such cases, the proposed land could be regulated under Chapter IV of the Act. If the Forest Settlement Officer considers that a proposed reservation is altogether in expedient, he should make a recommendation to that effect.

 

Rule - 10. Register of claims-

 

(1)     Claims may be either to land or to rights specified in Section 12.

(2)     Forest Settlement Officer shall maintain a Register of Claims in Form 1. Claims relating to right to land and rights specified in section 12 shall be entered separately in the register.

 

Rule - 11. Right of way:-

 

While admitting rights of way, the Forest Settlement Officer shall record the following particulars:-

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(i)       In whom the right vests, i.e., the general public or the inhabitants of any particular village or villages, or any private person or persons;

(ii)      The nature of right, i.e., foot path or cart track or road;

(iii)     The width of the right of way ; and

Whether the right of way is marked in the village survey map or not; if marked, whether the way lies along the route so marked or any diversions are allowed in which case location of the diversions be indicated as nearly as may be feasible without actual survey.

 

Rule - 12. Separation of Privileges from rights:-

 

Regarding privileges, a Forest Settlement Officer may make such recommendations as the circumstances justify or necessitate. But the question of privileges must be kept entirely separate from that of rights and no rights should be admitted except those which are satisfactorily established.

 

Rule - 13. Appeals on the orders of the Forest Settlement Officer and the appellate orders:-

 

In cases in which appeals are preferred against his orders, the Forest Settlement Officer shall obtain copies of the appellate orders and keep them in the concerned file. A brief abstract of each appellate order along with date and number shall also be entered in the appropriate column of Claims Register in Form 1.

 

Rule - 14. Preparation of draft notification of Settlement and Settlement Map:-

 

The Forest Settlement Officer shall draft the notification under section 17. In framing the description of boundaries for the notification under section 17, the revenue survey numbers of the fields through which the boundaries run should, as far as possible, be given.

 

Rule - 15. Verification and signing of Settlement notification and map:-

 

(1)     Both the map and the notification should be verified and shall be signed by the Forest Settlement Officer and the [5][Deputy Conservator of Forests].

(2)     Both the map and the notification shall as far as possible be prepared and signed at the same time and place at which the settlement inquiry has been held.

 

Rule - 16. Submission of enquiry report:-

 

On completion of the enquiry and appeals, if any, the Forest Settlement Officer shall,-

(i)       forward to Government through the Deputy Commissioner a report about all rights claimed and finally admitted within the reserved forest specifying their nature, incidents and extent along with a statement in Form 2 and a map of the proposed forest land and the boundaries giving the revenue survey numbers of the fields through which the boundaries run;

(ii)      prepare particulars required in Form 3 and forward it to the concerned [6][Deputy Conservator of Forests] and Deputy Commissioner of the district;

(iii)     forward the entire records and papers relating to the enquiry to the Deputy Commissioner of the district; and

(iv)    forward a copy of the settlement map to the District Survey Officer.

 

 

Rule - 17. Necessary corrections to be made in the revenue records and village map:-

 

 

Immediately after the publication of the notification under section 17 of the Act,-

(i)       the Deputy Commissioner shall get necessary entries made in the revenue records about lands included in the newly formed reserved forest; and

 

(ii)      the District Survey Officer shall get necessary changes incorporated in the village map.

 

Rule - 18. Custody of records relating to enquiry:-

 

The Deputy Commissioner of the District shall be the custodian of all papers and records relating to the enquiry by Forest Settlement Officer.

 

Rule - 19. Forest Register:-

 

The [7][Deputy Conservator of Forests] shall maintain a Forest Register in Form 3

 

Rule - 20. Particulars to be specified in the notification:-

 

The [8][Deputy Conservator of Forests] and the Forest Settlement Officer should refer, in the draft notification (under sections 4 and 17 of the Act) submitted by them respectively, to the following features chiefly,-

(i)       Surveyed and demarcated village boundaries and their marks;

(ii)      Surveyed and demarcated field boundaries and their marks;

(iii)     Roads, paths, rivers, canals, railways, etc.,

(iv)    Natural features, such as ridges or spurs of well known hills, banks or rivers or streams? etc.,

(v)      In the absence of other marks or features, forest boundaries and their marks.

 

Rule - 21. Course of boundary:-

 

The description of boundaries should start from the North-West corner and go round the block along the northern, eastern, southern and western sides in order.

 

CHAPTER-III MANAGEMENT OF VILLAGE FORESTS

 

Rule - 22. Management of village forests:-

 

The management of village forest transferred to or vested in the Village Panchayat and Local Boards Act, 1959 shall be governed by the following rules;

(1)     The Panchayat shall meet for deliberation at least once in a month and record the proceedings of the meeting in a book maintained for the purpose which shall be signed by the Chairman of the Panchayat who shall forward copies of the record proceedings to the Range Forest Officer and Tahsildar.

(2)     Any resolution of the Panchayat may be cancelled by the Range Forest Officer, if it is considered to be against the principles of forest conservation and protection or by the Tahsildar if it is considered to be against the interest of the community or illegal for reasons to be stated by them in writing. An appeal shall lie to the [9][Deputy Conservator of Forests] against the decisions of the Range Forest Officer, and to the Deputy Commissioner against the decisions of the Tahsildar.

(3)     Every Panchayat shall maintain regularly such accounts and books and in such form as may be prescribed by the Deputy Commissioner and submit such of them to the Tahsildar at such periods as the Deputy Commissioner may direct. The account shall be audited once a year under the orders of the Tahsildar.

(4)     No wood and other forest produce shall be removed from the village forest except under and in accordance with the permit issued by the Panchayat either free or for a fixed fee. The permit shall be in the form prescribed by the [10][Deputy Conservator of Forests] or supplied by the [11][Deputy Conservator of Forests] on payment of cost. The Panchayat shall determine what forest produce may be removed free, the purpose for which and the conditions under which it may be taken and may prescribe a scale of fees for the removal of produce which the Panchayat does not permit to the taken fee of charge and the purpose for which it may be removed.

(5)     Permits, free or otherwise, may be issued by the Panchayat or any person authorised by it. The Panchayat may prescribe the check-posts at which the produce shall be brought for inspection and where permits shall be checked or recovered. The permit or licence shall be obtained before any felling, conversion, collection or removal is commenced. The permit holder must comply with the rules and conditions entered in the permit. The permit shall be valid only within the limits of the village panchayat.

(6)     The Panchayat may sell by public auction all forest produce in the village forest except Sandalwood, Rosewood and Teak, subject to confirmation by the Chairman of the Panchayat in consultation with the Range Forest Officer.

(7)     The Panchayat shall have control over all the grazing areas such as ?gomal lands?, ?forest pasture?, ?revenue waste? and such other lands in the village forest within the limits of the village or groups of villages for the benefit of which such village forests have been constituted. Grazing shall be free in all the gomal lands in the village forests, but in respect of the other lands included in the village forests, the Panchayat may allow free grazing or levy such fees as shall from time to time be determined by it, subject to the approval of the Deputy Commissioner.

(8)     The Panchayat may prepare each year a list of all the cattle in the village and fix the limit of cattle in the village and fix the limit of cattle per hectare after taking into consideration the area available for grazing in the village forest.

(9)     The Panchayat may regulate grazing in village forest, by alternate closing and opening of areas for such periods as it deems proper having regard to the number of cattle and the area available.

(10)   The Panchayat shall set apart certain portions of the grazing area available in the village forest for the exclusive use of sheep and goats.

(11)   The Panchayat may permit grazing of the cattle of the neighbouring villages, after consideration of surplus grazing area, if any, available at its disposal.

(12)   The Panchayat shall decide whether to permit or refuse grazing of the cattle of the professional grazers and the fee that may be levied on such cattle.

(13)   The Panchayat may impound the cattle allowed to enter the forest contrary to the rules.

(14)   The Panchayat may stop the exercise of any of the privileges in the forest by the villagers and exclude the cattle of such persons from the forest if they fail to pay the dues of the Panchayat or to conform to any of the rules made by the Panchayat.

(15)   The Panchayat may close any portion of the forest for grazing or for the exercise of any other privileges and against any class of cattle for any period considered necessary with the approval of the Tahsildar.

(16)   The Panchayat may divide the forest into blocks and work each of them in rotation in accordance with the working plan or working scheme drawn up for the purpose by the Range Forest Officer and approved by the [12][Deputy Conservator of Forests].

(17)   Lands included in a village forest shall not ordinarily be given out for cultivation or for any others purpose without the consent of the Panchayat.

(18)   The Panchayat shall suitably demarcate the boundaries of the village forest and maintain the demarcation in good condition.

(19)   The Panchayat shall improve the condition of the growing stock and plant, fuel, timber, manurial and other economically important trees in the forest and in this respect, they will be guided by the advice of officers of the Forest Department.

(20)   The Panchayat shall improve the condition of pasturage by undertaking measures such as rotational grazing, introduction of nutritive varieties of grass, growth of fodder, species of trees and such other measures as may be suggested by Agriculture, Animal Husbandry and Forest Departments.

(21)   Sale proceeds of grass and other forest produce compensation amounts recovered in the composition of forest offences and all contributions made shall be constituted into a ?Village Forest Fund? which should be deposited in the Government Savings Bank in the name of the Panchayat. The Chairman and any other member of the Panchayat authorised by the Panchayat shall jointly operate upon the account whenever necessary. The funds shall be used solely for the purpose of protection and improvement of the village forest.

(22)   The Sub-Deputy Conservator of Forests or the Range Forest Officer shall inspect the village forest and the accounts pertaining thereto at least once a year and report the result of such inspection to the Deputy Commissioner under intimation to the [13][Deputy Conservator of Forests].

(23)   The Tahsildar of the Taluk and the local Range Forest Officer shall once in every six months jointly inspect the village forest, check the accounts of the Panchayat and scrutinize the general policy adopted by the Panchayat in working the forest. A joint inspection report should be submitted to the Conservator of Forests and the Deputy Commissioner.

(24)   The [14][Deputy Conservator of Forests], the Assistant Commissioners, the Forest Sub- Divisional Officers and the Tahsildars may also during their tours inspect the village forests in their jurisdiction and the accounts and registers maintained by the Panchayat.

 

Rule - 23. Application of certain provisions of Chapter II to village forests:-

 

The provisions of sections 24 (b), (c), (d), (e), (f), (g), (h), (i), (j) and 25 of Chapter II of the Act, shall be applicable to the village forest also.

 

CHAPTER IV DISTRICT FORESTS

 

Rule - 24. Privileges in district forests:-

 

In all district forests the grazing of cattle the cutting and removal of grass, the collection and removal of dry firewood other than of the reserved kinds in head-loads, thorns and leaves of trees and shrubs that are not reserved will be allowed, free of charge and without permit, provided that grass, firewood, thorns or leaves are required for the inhabitants of that or neighbouring village for agricultural or domestic use and not for sale or barter. The collection and removal of dry firewood (other than in head loads) and felling and removal of trees other than those included in the list of reserved trees for agricultural and domestic purposes other than house-building, will also be allowed free of charge, but with permits to be issued by officers authorised in this behalf.

 

Rule - 25. Acts prohibited in district forests:-

 

(1)     No tree, shrub or bamboo in the district forest shall be cut and no grass or any other forest produce shall be burnt within-

(a)      forty-five metres of the banks of a hill stream, or any of its feeders.

(b)      a radius of 45 metres from any spring of water; or

(c)      forty-five metres of any public road.

(2)     except with the written permission of the [15][Deputy Conservator of Forests] or any other Officer duly empowered in this behalf.

(3)     No fresh clearing shall be made for cultivation, or for any other purpose except with the permission of the [16][Deputy Conservator of Forests].

 

(4)     Save as provided in Rule 24 no person shall fell remove, girdle mark lop, tap uproot or burn or strip bar or leaves from or otherwise damage any tree in a district forest or use or injure or remove any forest produce found thereon, except with the written permission of the [17][Deputy Conservator of Forests] or any other Officer duly authorised in this behalf.

(5)     No person shall boil catechu, distil wood-oil or burn lime or charcoal, in a district forest except with the permission in writing of the [18][Deputy Conservator of Forests] and in such places as may be specially set apart for the purpose by him.

(6)     No person shall hunt, shoot, beat or drive for game, set traps or snares for game and fish in a district forest except under and in accordance with a licence issued under the Karnataka Wild Animals and Wild Birds Preservation Act, 1963 and rules framed thereunder.

(7)     No person shall put poison or use dynamite or other explosive substance for fishing, hunting or for any other purpose in the district forests.

 

Rule - 26. Grant of permits for removal of trees or other forest produce on payment of seigniorage fees:-

 

(1)     Permits for removal of trees or other forest produce on payment of seigniorage fees shall be granted only if the tree or other forest produce applied for is required for,-

(a)      bona fide agricultural or domestic use of the applicant, or

(b)      works of public utility such as village chowkees, schools, dharmashalas, bridges, temples, etc.:

Provided that in exceptional cases, the Chief Conservator of Forests may grant permission for the purposes of trade, manufacture, sale or barter.

(2)     The Chief Conservator of Forests or the Conservator of Forests may for special reasons prohibit grant of any unreserved tree or produce on seigniorage either for a term or altogether.

(3)     All utilisable material from a tree marked for felling by a permit holder including firewood excepting pieces which are below 9 c.m. in thickness and 12 decimetres in length shall be paid for by the permit holder.

(4)     The Conservator of Forests may appoint, by notification in the Official Gazette, any person or class of persons by name or by virtue of his office, to issue or recover permits under the foregoing rules, and may also prescribe the check posts at which the timber or other forest produce shall be brought for examination and where permits shall be checked or recovered.

 

Rule - 27. Felling and removal of trees and collection of other forest produce:-

 

The felling, conversion and removal of trees and the collection or removal of other forest produce may be effected in one or other of the following ways, but in no other way:-

(i)       Departmentally, i.e., by the Officers of the Forest Department having control over the produce, or by persons acting under the immediate superintendence, control or orders of such officers.

(ii)      By persons holding permits (licences) duly issued under these rules.

(iii)     By any person holding a right under a lease, contract or permit granted under these rules.

 

[19][Rule - 27A. Placing areas at the disposal of Government under special protection:-

 

(1)     Any area set apart for forest reserve under section 71 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964) or any part of it for special protection in view of its subsequent settlement and constitution of reserve forest or for any other purpose may, be notified as protected forest under sub-section (4) of section 33 of the Act. The land so notified as protected forest shall be under full control of the Forest Department and may be organised into beats and sections for the purpose of protection, development and forest administration or for any other purpose.

(2)     After the area has been notified as protected forest in the Official Gazette working plans or working schemes thereon shall be prepared by the [20][Deputy Conservator of Forests] and approved by the Chief Conservator of Forests (General) or the Special Chief Conservator of Forests (Development) as the case may be who shall have power to modify them from time to time if necessary.

(3)     The protected forest shall be worked by the forest department according to the working plan or scheme prepared under sub-rule (2).

(4)     The [21][Deputy Conservator of Forests] shall cause the translation into the regional language of every notification issued under sub-rule (1) to be appended in a conspicuous place in every town and village in the neighbourhood of the forest comprised in the said notification.

 

Rule - 28. Privileges in protected forests:-

 

(1)     The privileges granted to raiyats and public in district forest shall be available in protected forests subject to the conditions that all removals shall be effected under permits, free or otherwise, as the case may be, issued by Forest Officers, authorised in that behalf, by the [22][Deputy Conservator of Forests].

(2)     Free permits for the removal of forest produce from protected forests by raiyats for their Bona fide domestic and agricultural use wherever permissible shall be issued by Forest Officers duly authorised under sub-rule (1).

 

Rule - 29. Permission for clearing for cultivation, etc., in protected forests:-

 

On any land declared as protected Forest, no fresh clearing shall be made for cultivation or any other purpose without the permission of the Government and no land shall be given out for cultivation within 100 metres of the boundaries of such forest.

 

Rule - 30. Regulation of issue of permits for forest produce and grazing:-

 

Whenever the Government is satisfied that regulation is necessary to prevent the deterioration of any protected forest to such an extent as to render it unfit for any purpose, the Government may close the forest for issue of permits and grazing.

 

Rule - 31. Common rules for district and protected forests:-

 

Save as provided hereinbefore in this Chapter, rules for the management of district forest shall, Mutatis Mutandis, be applicable to protected forests.

 

Rule - 32. Devarakadus and Urudves in Coorg District:-

 

(1)     Except in the exercise of rights recorded under the repealed Act, no timber, wood, branches, grass or other forest produce shall be removed from Devarakadu:

Provided that the [23][Deputy Conservator of Forests] may permit removal of such stone or gravel as may required for the repair of public roads or for other public purposes:

 

Provided further that no timber shall be felled or removed except under and in accordance with a licence granted by the [24][Deputy Conservator of Forests].

 

(2)     No branch wood of unreserved trees for firewood or other forest produce for bona fide, domestic and agricultural purposes in Urudves shall be removed except under and in accordance with permits issued by the officers authorised in this behalf.

(3)     No timber or bamboos for building purposes from Urudves shall be removed except under in accordance with a licence granted by the [25][Deputy Conservator of Forests] who may make free grants up to the limits of (a) Rs. 50 in value to individual raiyats and (b) Rs. 250 in value and subject to an aggregate of Rs. 1,000 per annum where the grant is required for public purposes by the village community or a section thereof.

(4)     The [26][Deputy Conservator of Forests] shall grant a licence under the proceeding sub- rule, only if he is satisfied that such a grant is really needed and that a period of 5 years has elapsed since the applicant received a similar grant previously.

Provided that no licence in respect of sandal, teak rosewood, ebony and poon shall be granted.

 

Rule - 33. Amrit Mahal Kavals.-

 

The rules for the management of district forests shall, mutatis mutandis apply to Amrit Mahal Kavals which mean and include the land assigned by the Government for the pasturage of Amrit Mahal Cattle owned by the Government.

 

Rule - 34. Definition:-

 

?Date Tree? for the purpose of rules, includes ?Phoenix sylvestris (date or Ichal), Borassus flabelliformis (Palmyra) and Caryotaa urens (Bagani) but does not include Kir or Hulichal.

 

Rule - 35. Cutting of date trees and leaves prohibited:-

 

(1)     No person shall cut or remove date wood or leaves except under and in accordance with licence issued under these rules.

(2)     No leaves shall be cut or removed from date groves set apart by the Deputy Commissioner or meet the requirements of toddy vend farmers.

(3)     No leaves shall be cut from any tree from which toddy is being actually drawn or which is marked for the purpose of toddy revenue.

(4)     No leaves shall be cut from young immature trees the trunks of which are less than 2 metres in height from the ground level to the point at which the leaves spring.

(5)     Only two leaves from each tree shall be removed in any one year.

(6)     The central shoot including the four tender leaves shall on no account be removed.

 

Rule - 36. Free removal of date leaves and date wood:-

 

(1)     In localities where the date groves are in excess of the demand for toddy, or may not be required for the supply of toddy elsewhere or where Kirichal (Phoenix farinifera is not available, cultivating, raiyats who are not professional rope-makers, shall be allowed, free of charge, the use of date leaves required for making ropes, mats, baskets, etc., or for other bona fide agricultural purposes.

(2)     In localities which may be specified by the Deputy Commissioner, manufactures of jaggery, as well as potters who pay mohatarfa tax, may be permitted to remove dry date leaves for fuel free of charge.

(3)     In localities where fuel is scarce, raiyats may be permitted to take, free of charge, dry date leaves and dead wood unserviceable except as firewood, for bona fide private use but not for sale.

(4)     In seasons of famine, scarcity or drought, raiyats may be allowed to cut date leaves as fodder for cattle.

(5)     All persons who intend to avail the privilege of obtaining, free of charge, the date leaves and date wood under this rule shall obtain a licence in Form 4 from the concerned Forest Range Officer who shall specify the quantity of leaves or wood in terms of number, head load or cart-load, the area from which and the period during which such removals are permitted.

 

Rule - 37. Issue of licences for removal of date leaves and wood on payment of seigniorage value:

 

(1)     Professional rope-makers, basket-makers, mat-makers and others who are not entitled to use date leaves, free of charge, shall obtain licences from the [27][Deputy Conservator of Forests] or other officer authorised by him for the removal of date leaves on payment of seigniorage value: Provided that no such licences shall be granted in localities where Kirihal is available for making baskets, mats, etc., or where date trees are scarce or insufficient for the purposes of toddy revenue.

(2)     In localities where it is customary to use dead date wood for building purposes, raiyats may obtain, for such purposes, raiyats may obtain, for such purposes, date trees not fit for tapping, under licences granted by the [28][Deputy Conservator of Forests] or other officer empowered by him in this behalf, on payment of seigniorage value.

(3)     The licence shall be in the form prescribed under Chapter X of these rules.

 

Rule - 38. Obligation of the licence-holders:-

 

The licences mentioned in rules 36 and 37 shall not be transferable and no person other than the licence-holder or his bona fide servant or a member of his family living with him shall cut date leaves or date wood under the licence. The licence shall be produced for inspection whenever required by any officer of the Forest Revenue, Excise or Police Department or Village Patels, and they shall be returned to the officer issuing them immediately on the expiration of the period mentioned therein.

 

Rule - 39. Grant of lands for cultivation or other purposes from districts forests:-

 

(1)     No unoccupied land containing valuable trees or forest growth shall be granted to any person for cultivation, without disposing such trees or forest growth except Sandal trees, either-

(i)       by extraction by the Department, or

(ii)      by sale by inviting tenders or holding public auctions, or

(iii)     by sale at seigniorage rates at the discretion of the [29][Deputy Conservator of Forests] before possession is given to the grantee;

 

Provided that any fruit yielding tree like, Mavu, Halasu, Neralu, Hunse, Nelli, Sithaphala, etc., any manurial tree like Honge, Seemethangadi, Basavanapada, Glericidia, etc., and any young and immature trees growing on the said land may be retained at the option of the grantee; provided he pays the value of such tree or trees as assessed by the Department.

 

(2)     The Forest Department shall dispose of the trees in the aforesaid manner within a year or within such time as may be extended by the Government from the date of issue of orders for the disposal of the land. In specific cases, in which the Department is not able to do so, orders of Government in the Forest Department should be obtained for extension of time for the disposal of the trees.

 

Rule - 40. Grant of lands for coffee or cardamom cultivation:-

 

(1)     No land shall be assigned for coffee cultivation or cardamom cultivation, unless the Director of Research, Coffee Board or the Cardamom Development Officer as the case may be, is of opinion that the land is prima facie fit for coffee or cardamom cultivation, as the case may be.

 

(2)     Grant of lands assigned for coffee or cardamom cultivation shall be liable to be cancelled and the land liable to be resumed to Government without payment of compensation for any improvement that the grantee might have effected if coffee or cardamom as the case may be, is not grown within a period of five years from the date of issue of saguvali chit or if some other crop has been grown.

 

(3)     Copies of the orders assigning lands for coffee or cardamom cultivation shall be sent to the Director of Research, Coffee Board in case of lands assigned for coffee cultivation and to the Cardamom Development Officer in case of lands assigned for cardamom cultivation with a request to give a report once a year after the land is ready for cultivation regarding the progress of the coffee or cardamom cultivation, as the case may be.

 

Rule - 41. Grant of lands by the Deputy Commissioner:-

(1)     No land containing valuable trees or other forest growth shall be granted by the Deputy Commissioner, unless the concerned [30][Deputy Conservator of Forests] gives his concurrence.

(2)     No land from well wooded areas or adjacent to wooded areas in the district or protected forests or within 100 metres of reserved forests shall be granted for occupancy.

(3)     No land containing 25 or more sandal trees of over 20 cm, in girth at 1.37 metres from ground level per hectare shall be given out for cultivation or other purpose or leased for any purpose, except with the concurrence of the [31][Deputy Conservator of Forests] or of the Conservator of Forests.

 

(4)     Lands containing smaller number of such developed sandal trees or sandal trees of lesser girth may be given out for occupancy by the Deputy Commissioner in consultation with the [32][Deputy Conservator of Forests], unless in the opinion of the latter they are valuable sandal-bearing areas. The Deputy Commissioner, before granting, such land, shall get a complete and correct list of all sandal trees and saplings in the land and record the list in the register maintained for the purpose and obtain an agreement from the grantee for preserving all such trees.

 

Rule - 42. Encroached lands.-

 

No land encroached upon shall be regularised by grant of such land to the encroacher except on payment of the value of trees on the land and the value of the trees estimated to have been on the land at the time of the encroachment. When an encroacher is evicted, he shall pay the value of the trees estimated to have been on the land at the time of the encroachment and to have been subsequently appropriated or destroyed by him.

 

Rule - 43. Penalties.-

 

(1)     Any person contravening provisions of rule 24, sub-rules (1) to (6) of rule 25, rules 27, 28, 29, 31, 32 and 33 shall on conviction be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both.

 

(2)     Any person contravening provisions of rule 35 sub-rule (5) of rule 36, sub-rules (1) and (2) OF rule 37 and rule 38 shall on conviction be punishable with fine which may extend to one hundred rupees and forfeiture of any licence granted under the said rules.

 

CHAPTER V MANAGEMENT OF PRIVATE FORESTS

 

Rule - 44. Cutting and girdling of trees in private forests.-

 

(1)     Extraction of trees in flat areas and moderate slopes shall be governed by silvicultural principles and in steep and precipitous slopes on the principles of protection where only dead, dying and mature trees may be removed.

(2)     Cutting and girdling of trees may be either by clear felling method or by selection method. No clear felling method shall be permitted on steep and precipitous slopes.

(3)     Cutting and girdling of reserved trees shall be governed by Chapter XV, as if they are ?Government trees? as defined in rule 128.

(4)     (a) Permission to cut trees by clear felling method in a forest shall be granted by division of the forest or a block of the forest into annual coupes equal to the number of years in the felling cycle. The trees shall be permitted to be cut in one coupe in an year for each block of forest.

(b) If it is found impossible to divide a forest or a block of a forest into annual coupes due to any valid reasons, permission to cut the trees in the whole forest or block may be granted, provided the [33][Deputy Conservator of Forests] is satisfied that the trees therein have attained the age of exploitation.

(5)     (a) Permission to cut trees by selection method shall be granted according to girth limits and the forest shall be divided into as may annual coupes as the [34][Deputy Conservator of Forests] may direct.

(b) In the case of forests situated in areas where the annual rainfall is 200 cm. or more, no permission to cut the trees specified in column (2) of the table below shall be granted unless girth at 1.37 metres from ground level is not less than the limits specified in column (3) thereof-

 

TABLE

 

 

Provided that the Conservator of Forests, for reasons to be recorded in writing, may permit cutting of trees below the girth limit specified above if such felling shall not reduce the number of standing trees of girth not less than 90 cms. At 1.37 metres above ground level evenly distributed in the area below 100 trees per hectare.

 

(c) In the case of forests situated in areas where the annual rainfall is less than 200 cm no permission to cut the trees shall be granted unless girth at 1.37 metres from ground level is not less than 100 cm.

 

(d) In the case of forests not capable of producing timber no tree shall be cut unless its girth at 1.37 metres from ground level is less than 80 cm.

(6)     The girth limits specified in sub-rule (5) shall not apply to dead, dying and unsound trees.

 

Rule - 45.Application for permission to cut or girdle trees in private forest:-

 

Application for permission to cut trees from private forest shall be made to the [35][Deputy Conservator of Forests] and shall contain the following particulars and be accompanied by the following documents:

(a)      Location, name, survey number and approximate area of the whole forest in which the area containing the trees proposed to be felled is included;

(b)      Location, name, survey number and the area containing the trees proposed to be felled, preferably in the form of survey sketches;

(c)      A certificate to the effect that the boundaries of the area containing the trees proposed to be felled have been demarcated clearly on the ground by a clear cut line of 2 metres width or are defined already by the natural boundaries, such as streams, river beds, ridges, roads, etc,;

(d)      Proof of ownership of the forest or of the trees proposed to be felled;

(e)      The route by which and the place to which the felled trees will be removed;

(f)       The manner in which the applicant proposes to ensure the regeneration of trees in the places of the trees proposed to be felled;

(g)      The year of planting or sowing incase of even aged crop, or the approximate age of trees in the case of uneven-aged mixed crop;

(h)     The period, which shall not exceed one year, within which the felling will be completed.

If the application is for the felling of trees by the selection method, the following information shall be furnished in addition to that specified in items (1) to (h) above-

(i)       A statement in duplicate containing a list enumerating the trees proposed to be felled numbered serially, indicating the species and girth at 1.37 metres from the ground level.

 

(ii)      A certificate to the effect that the trees included in the list have been serially numbered in tar in a conspicuous manner at the base of the tree and at 1.37 metres from the ground level.

 

Rule ? 46. Condition attached to the permission:-

 

(1)     Every permission granted for the cutting of trees under the clear felling method shall be subject to the following conditions:-

 

(i)       Felling and removal of any tree growth within 20 metres of either bank of any stream, spring or water reservoir is prohibited;

 

(ii)      All live and sound trees shall be felled at a height not exceeding 15 cm, from the ground and the stools trimmed. In the case of dead trees and casuarina trees, the removal of the stump and root shall also be permitted;

 

(iii)     Every coupe in which trees have been felled in any year shall be demarcated at prominent corners with coupe stones showing the year of felling and the area felled;

 

(iv)    The coupe in which the trees have been felled in any year shall be planted up by the owner within that year or the next planting season and unless this is done, the owner or any person authorised by him shall not be granted permission for any more fellings in his forest, and if any permission granted to him for any area is current, it shall be cancelled forthwith;

 

(v)      The felled area shall be closed to grazing for a period of five years after felling;

 

(vi)    The permission for cutting the trees shall be valid only for the period specified therein which shall not exceed one year;

 

Provided that none of the conditions mentioned above shall apply to permission granted for the cutting of trees for purposes of bona fide cultivation of food crops or plantation crops.

(2)     No clear felling of forest for bona fide cultivation of food crops or plantation crops shall be permitted unless the [36][Deputy Conservator of Forests] is satisfied that;

(i)       There will be no denudation of forest if the permission is granted;

(ii)      There will be no clearance of any tree growth on steep and precipitous hill slopes; and The area sought to be cleared has been inspected by the Range Forest Officer having

(iii)     jurisdiction over the area in which the forest is situated and he has certified that the area is not on steep slopes and carries only a very sparse growth (number of trees with species contained in the area to be mentioned) and that there will be no denudation of the area if the permission is granted.

(3)     Every permission granted for the cutting of trees by the selection method shall be subject to the following conditions;

(i)       The boundaries of the area containing the marked trees permitted to be felled shall be defined and demarcated clearly on the ground.

 

(ii)      The serial number of the tree felled shall be marked on the stump conspicuously.

 

(iii)     The person to whom permission is granted shall maintain a register showing the particulars of the trees felled, viz., serial number, species, girth at 1.37 metres from Ground level, date of felling, details of timber extracted from each tree, date of transport of the felled produce, transit pass number, and remarks, if any. The register shall be liable for inspection by any Forest Officer at any time and a copy of it shall be furnished to the [37][Deputy Conservator of Forests] after completion of the operation in the forest for verification.

 

(iv)    The timber or logs extracted shall bear at one of the end surfaces, the serial number of the tree from which it was obtained and the sequence of the log in the tree denoted by letters A, B, C, D, etc.,...

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(v)      If during the course of fellings any un-marked tree is damaged, such tree shall not be removed from the area in which fellings take place without the previous permission of the [38][Deputy Conservator of Forests] who shall, before according permission satisfy himself that the damage was inevitable and see whether a suitable marked tree can be reserved in lieu thereof by cancellation of the marking, and if so, take steps to do so.

 

(4)     Every permission granted for the cutting of trees for punam or Kumari cultivation, in the district of South Kanara shall be subject to the following conditions:-

 

(i)       No lands within 10 metres of either bank of any stream, spring, river or water reservoir or within 100 metres of reserved or protected forest shall be cleared or brought under cultivation.

 

(ii)      No reserved tree shall be cut, scorched or burnt, Only lands containing no tree growth or sparse tree growth shall be cleared and cultivated.

 

(iii)     No lands no steep slopes shall be cleared and cultivated.

 

(iv)    Only land which had been under Punam or Kumari cultivation within ten years prior to the year in which they are sought to be cultivated shall be cleared.

(5)     All Forest Officers not below the rank of a Forester shall have power to enter any private forest for the purpose of inspection or securing compliance with these rules.

 

Rule ? 47. Power to cancel or modify the permission:-

 

If the [39][Deputy Conservator of Forests] has reason to believe that any person, to whom permission for felling of trees has been granted, has in his application furnished particulars which are materially incorrect or has contravened any provisions of these rules or the conditions under which the permission was granted, he may after giving that person an opportunity of being heard cancel such permission or modify the same subject to such penalty as he may deem fit to impose such cancellation or modification of the permission granted shall not entitle the owner or the permission holder to any compensation whatsoever.

 

Rule ? 48. Procedure in appeals under section 40:-

 

On receipt of the appeal and after calling for and perusing the record of the proceedings before the [40][Deputy Conservator of Forests], the Deputy Commissioner shall appoint a time and place for hearing of the appeal, shall give notice thereof to the [41][Deputy Conservator of Forests] against whose orders an appeal is preferred and to the appellant and pass orders after hearing both sides.

 

 

Rule - 49. Payment of Compensation during management of forest by Government:-

 

(1)     During the period of management of a private forest by Government compensation shall be payable to the owner of the forest once in a year.

(2)     For the purpose of clause (b) of sub-section (4) of section 43 interest shall be calculated at six per cent per annum.

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PROTECTION OF FORESTS FROM FIRE

 

Rule ? 50. Prohibition of kindling of fire, carrying of torches and smoking in forest, etc.,

 

(1)     Except at such places a may from time to time be notified locally by the [42][Deputy Conservator of Forests] no person shall kindle any fire or leave any fire burning upon any public or private road or path which adjoins or passes through a reserved forest or protected forest or district forest but does not form part of such forest.

 

(2)     No fire shall be lighted within or along the boundary of are served forest, protected forest or district forest except in camping grounds notified as such by the [43][Deputy Conservator of Forests]. Persons using such grounds shall light fire in such a way as not to endanger the forest or any building or shed and shall extinguish all fire before they leave the place.

(3)     No burning wood, or fire-brands for torches shall be carried along the boundaries of any reserved forest protected forest or district forest between Ist November and 30th June.

 

(4)     No smoking shall be permitted within a reserved forest, protected forest or district forest between 1st November and 30th June except at authorised camping grounds.

 

Rule ? 51. Precautions to be taken while collecting inflammable materials:-

 

No person shall collect inflammable forest produce such as grass, bamboos, etc., on lands adjoining a reserved forest, protected forest or district forest except by stacking in isolation in an open space at such reasonable distance from the forest as the [44][Deputy Conservator of Forests] may be general or special order prescribe.

 

Rule ? 52. Precautions to be taken in kindling fire within 15 kilometres from forest boundary:-

 

Any person desirous of kindling fire within 1.5 kilometres of a reserved forest or a protected forest or a district forest, to burn any wood, grass, weeds, or other inflammable material, shall collect such material into heaps and burn it heap by heap in such manner that the resulting fire shall not extend to the surrounding area or endanger the forest.

 

Rule ? 53. Kindling of fire within 180 metres from forest boundary:-

 

(1)     No person shall kindle any fire within a distance of 180 metres from the boundary of a reserved forests, protected forest or district forest except with previous permission of a Forest Officer not below the rank of a Range Forest Officer;

Provided that materials may be ignited for making ash manure within such distance from the boundary if-

(2)     There is between such boundary and the spot on which such materials are ignited a space of at least 10 metres in width which is clear of vegetation, and Such other precautions, as are reasonably necessary to prevent fire from spreading to the forest are taken.

 

Rule ? 54. Period of Exemption:-

 

Nothing contained in this chapter shall operate during the period between I st July and 31st October of every year.

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DRIFT AND STRANDED TIMBER

 

Rule ? 55. Collection of drift and stranded timber:-

 

(1)     Any person may collect timber of any of the description specified in sub-section (1) of section 53 and keep the same in safe custody until it is taken over custody of by the concerned Forest Authorities, but he shall report his having done so within 24 hours to the nearest Forest Officer and the Village Patel.

(2)     The Range Forest Officer of the Range in which the timber has been found shall, pending completion of the proceedings under sections 54 and 56 take possession of the timber under a panchanama, mark the same with a hammer mark of such description as may be prescribed in this behalf by the Chie Conservator of Forests and transport it to a depot notified under sub-section (2) of section 53 provided the cost of transport to such depot is not likely to exceed its probable sale proceeds, in which case he may make any other arrangement for its safe custody till its final disposal.

 

Rule ? 56. Payment of recompense:-

 

Every person who collects such timber shall be entitled to receive a recompense equal to 10 percent of the estimated value thereof if it is Sandalwood. Teak or Rosewood and 20 percent of the estimated value thereof if it is timber other than sandalwood, teak or Rosewood. Such estimate shall be made by a Forest Officer not lower in rank than that of a [45][Deputy Conservator of Forests] and the recompense shall be paid at once.

Provided that no recompense shall be paid to Forest Officers who collect such timber.

 

Rule ? 57. Payments to be made by claimants:-

 

If any person establishes his ownership of any drift or stranded timber salved, in response, to the public notice issued under section 54, the timber shall be made over to him on payment of the following costs incurred by the Forest Department;

(i)       The actual amount of recompense paid to the person collecting the timber

 

(ii)      The actual cost incurred for transporting the timber to the depot or any other place for storage.

(iii)     The fees paid or payable for storing of timber at the depots or any other place of storage.

 

Rule ? 58. Penalty:-

 

Any person contravening the provisions of rule 55 shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

 

PASTURING OF CATTLE IN FORESTS

 

Rule ? 59. Definitions:-

 

In this chapter unless the context otherwise requires;

(i)       ?Closed area? means the forest area notified as closed for grazing of cattle under sub- rule(1) of rule 60.

(ii)      ?Open area? means the forest area other than closed area.

(iii)     ? Permit-holder? includes the owner of the cattle, his agent and the herdsman.

 

Rule ? 60. Closure of Forest for grazing:-

 

(1)     Grazing shall be free and without permit permitted in district forest except in closed areas.

 

(2)     The areas of forests closed for grazing in each year shall be notified by the [46][Deputy Conservator of Forests] in the Official Gazette, specifying the period of closure and the kind of animals to which closed.

(3)     ?Closed areas? shall be demarcated on the ground either by providing cairns of stone at suitable intervals or by putting red bands on trees growing on the boundary line of such areas or by means of sign boards.

(4)     A list of closed areas in each Range or Division shall be displayed at village chavdies and Panchayat Offices for the information of the public and also be proclaimed by beat of drum in each village and in the nearest market place.

 

Rule ? 61. Grazing in reserved and protected forests:-

 

(1)     No person shall pasture cattle in a reserved forest protected forest.-

(a)      except in the open areas and

(b)      except under and in accordance with a permit issued by the [47][Deputy Conservator of Forests] or a Forest Officer duly authorised by him in this behalf.

(2)     Except in the case of right and privilege holders, grazing fees may be levied on all cattle that are permitted to graze in any reserved or protected forests of the State.

(3)     Permit holder shall not be entitled to any compensation in the event of closure on account of fire or early burning or for any other valid reasons.

 

Rule ? 63. Goat browsing:-

 

Notwithstanding anything contained in rule 61, no goat browsing shall be permitted in reserved forest or protected forests or portions of district forest which have been lawfully closed to grazing under rule 60.

 

Rule ? 64. Permits for grazing:

 

(1)     Permits for grazing shall be for each official year commencing from Ist of April and shall be in Form 5.

(2)     Fees for issue of permits shall be as shown below:-

 

(3)     Any breach of rules in this chapter or conditions of permits shall render the permit liable for cancellation.

 

Rule ? 64. Permit conditions:-

 

(1)     The cattle covered by a permit shall invariably be accompanied by and be in charge of the owner or some responsible servant of the owner, who shall observe the grazing rules in respect of the cattle in his charge. The maximum number of cattle to be taken by one person shall not exceed 200.

(2)     The owner or servant accompanying and in-charge of the cattle shall have with him the permit in respect of the cattle in his charge and shall produce it for inspection on demand by any Forest, Revenue, Police or Village Officer.

(3)     No pollarding of trees, lopping of branches and stripping of leaves or causing any other damage to the growing stocks shall be done by persons in charge of cattle.

(4)     Every permit-holder shall assist in the protection of forest and any Government property therein against fire or other damage and in the discovery and arrest of offenders in forest offences.

(5)     No cattle shall be penned within the forest except on penning permits in Form 6, issued by or under the orders of the [48][Deputy Conservator of Forests] on payment of a fee of 25 paise per head of cattle, per year or a fraction thereof and under such conditions as may be prescribed by him.

 

Rule ? 65. Duplicate permit:-

 

When the original permit is lost, a nominal fee of 10 paise shall be charged for issue of a duplicate permit.

 

Rule ? 66. Maintenance of a register of grazing permits:-

 

A register in Form 7 of permits issued shall be maintained by the officers issuing grazing permits.

 

Rule ? 67. Cattle manure:-

 

Manure of cattle camps in reserved, protected or district forest shall be the property Government.

 

Rule ? 68. Relaxation of rules in seasons of drought:-

 

In seasons of drought the Government may relax these rules to such extent and for such period as may be necessary by notification in the Official Gazette.

 

CHAPTER IX

POWERS OF FOREST OFFICERS UNDER THE FOREST ACT

 

Rule ? 69. Powers of Forest Officers:-

 

The category of officers mentioned in column (1) of the table below shall, in addition to powers given by Act, exercise the powers under the sections specified in the corresponding entries in column (2) thereof. A brief description of the powers conferred is also given in column 3 of the table-

 

TABLE

 

Provided that Forest Rangers and Assistant Conservator of Forests shall exercise the powers under section 79, only in cases where the value of forest produce does not exceed rupees fifty and five hundred respectively.

 

Rule - 70. Rewards to officers and informants:-

 

(1)     In any case in which any person or persons have been convicted of an offence against the forest laws and penalty or confiscation has been imposed and realised, the Chief Conservator of Forests or the Conservator of Forests of the Circle or the [50][Deputy Conservator of Forests] of the Division in which the offence was committed may grant to any person or persons, officers or otherwise who may have contributed to the conviction of the offender or to the seizure of the property confiscated, a reward not exceeding 10 per cent of the estimated value of the forest produce involved or confiscated in that case; provided the aggregate amount of rewards thus granted in any case shall not be less than fifty rupees and shall not exceed,-

 

(a)      rupees five hundred if made by the [51][Deputy Conservator of Forests] of the Division; and

 

(b)      rupees one thousand if made by the Conservator of Forests of the Circle.

 

(2)     In any case in which any person or persons have been convicted of an offence against the forest laws, but no penalty or confiscation has been imposed or un- imposed, has not been realised, or in any case in which any person or persons have performed any service of special merit for prevention or detection of any such offence, rewards may be granted to person or persons, officers or otherwise who may have contributed to the conviction.

(i)       by the Chief Conservator of Forests an amount not exceeding Rs. 100:

(ii)      by the Conservator of Forests of the Circle an amount not exceeding Rs. 50; and

 

(iii)     by the [52][Deputy Conservator of Forests] of the Division an amount not exceeding Rs. 25.

 

(3)     The Chief Conservator of Forests and the Conservator of Forests are empowered to grant special rewards upto Rs. 50 and Rs. 25 respectively for good service in regard to prevention or detection of offence against forest laws not covered by the foregoing sub-rules; provided that no such reward shall normally be given for service in connection with forest fires.

(4)     The Chief Conservator of Forests and the Conservator of Forests may sanction rewards not exceeding Rs. 50 and Rs. 25 respectively in cases relating to forest fires to Village Officers and other persons (not being Government servants of the Forest Department) and communities who keep forests altogether free from fire or who render exceptionally good services in suppressing fires, or who give information leading to the conviction of a forest incendiary.

 

(5)     In forest offence case, except cases relating to forest fires, which have been compounded under section 79 of the Act, the Chief Conservator of Forests or the Conservator of Forests of the Circle may grant, in such proportion as they deem fit, to any person or persons who may have contributed to the detection of the offence and the seizure of the forest produce of value of Rs. 1,000 and above involved in the case, a reward not exceeding 5 per cent of the estimates value of the forest produce belonging to Government and involved in the case;

Provided that the aggregate amount of rewards thus granted in any one case shall not exceed-

(i)       rupees five hundred if made by the Chief Conservator of Forests, and

(ii)      rupees two hundred and fifty if made by the Conservator of Forests of the Circle.

(6)     The rewards granted under the above sub-rules shall be met from the forest funds specially provided for the purpose in the budget of the year.

 

CHAPTER X

LICENCES FOR FOREST PRODUCE ON PAYMENT OF SEIGNIORAGE VALUE

 

Rule ? 71. Licences for forest produce sold on payment of seigniorage value:-

 

For all timber or other forest produce sold on payment of seigniorage value, a prepaid licence in the form and colour specified below must be obtained from Forest Officers authorised by Chief Conservator of Forests to grant it, before any of the aforesaid produce can be cut, collected ?or removed.
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Rule ? 72. Issue of licences:-

 

(1)        The officer issuing licence shall issue the required licence on receipt of the seigniorage value either in cash or remitted challan from the applicant.

(2)        The maximum period allowed for each licence except timber licence shall not exceed two days if the forest is within 8 kilometres and four days if the forest is beyond that distance from the residence of the licence holder; in case of timber licences, the maximum period allowed shall not exceed fifteen days if the forest is within 8 kilometres and thirty days if the forest is beyond that distance from the residence of the licence-holder.

(3)        Every officer issuing licences shall make known or read to each applicant the licence rules and conditions and obtain his signature on the back of the counterfoil of the licence in taken of having understood the rules and conditions and declared to abide by them;

(4)        Range Forest Officers may, for valid reasons to be recorded in writing, refuse to issue licences or direct his subordinates not to issue licences to any person.

 

Rule ? 73.Accounts to be maintained by the Licence Issuing Officers:-

The Officers issuing licences shall maintain a daily transaction register in Form 10. On the day fixed for the closing of the accounts, the entries of this register shall be totaled and the abstract thereof giving the monthly total under each head entered in a statement in the same form and submitted to the Range Forest Officer along with treasury receipt for the amounts remitted into the treasury and used licence books.

 

Rule ? 74. Range Forest Officer to issue timber licences:-

 

Licences for timber shall be issued only by the Range Forest Officers under instructions from the [53][Deputy Conservator of Forests].

 

Rule ? 75. Extension of period in certain cases:-

 

In case of licences issued for timber, if before the expiry of the period mentioned in the licence, the timber has not been cut, collected or removed in pursuance of the licence, the licence shall deemed to be cancelled but the licensee shall be entitled to an extension of period, once only, upon his proving to the satisfaction of the Range Forest Officer that the non-removal was due to unavoidable causes beyond his control on his paying a renewal fee, equivalent to one fourth of the seigniorage value already paid, provided he surrenders the licence originally issued within 7 days from the date of expiry of the licence. A renewal endorsement shall be noted by the Range Forest Officer on the triplicate of the licence and the fact intimated to the Officer who had issued the original licence, for note, in the counterfoil. Such renewals should also be intimated to the Forester in-charge of the Forest for compliance.

Rule ? 76. Issue of duplicate licence for timber when original licence is lost:

 

If it is proved to the satisfaction of the Divisional Forest Officer, that the original licence has been lost and it was beyond the control of the licensee and it was not acted upon wholly or partly, he may issue or order the issue of a duplicate on recovery of one-forth of the seigniorage value already paid.

 

Rule ? 77. Forfeiture of the produce collected, if not removed within the specified period:-

 

If the licensee fails to remove the produce cut or collected by him in the forest within the period mentioned in the licence, such produce shall be forfeited to Government and the licensee shall have no claim over it nor is the entitled to any refund of the fees paid by him.

 

Rule ? 78. Checking of the produce removed on licences:-

 

(1)        It shall be the duty of every licensee to call at all check posts, if any, on the route specified in the licence, get the produce under transit checked and the licence endorsed by checking officer with the words ?checked and passed?. The officer in- charge of the check post shall do so if he finds the produce agreeing with the licence. Should the produce not agree in kind or quantity and the terms of the licence violated in any other way, it shall be detained and action taken in accordance with the provisions of the Act and these rules.

(2)        Village Officers may check every licence taken out in their villages, comparing the produce covered by them when such produce is removed into their villages and make an endorsement on them, if they find the produce agreeing with the licence. Should the produce not agree in kind or quantity and the terms of the licence violated in any other way, they shall detain the produce and report the matter to the nearest Forest Officer.

 

Rule ? 79. Remittance of revenue realised by issue of licences into Government treasury:-

 

(1)        Every officer issuing licences shall remit to the nearest Government treasury, their collections accompanied by a challan, as often as possible, but not less than once in a month.

(2)        Every officer issuing licences shall, while remitting the revenue collected by him, obtain acknowledgement of the Treasury Officer both on the challans and on the register in Form 10 when the cash is remitted in person.

(3)        Officers issuing licences who reside beyond a distance of 20 kilometres from Taluk Headquarters or Range Forest Offices may remit by postal money order the forest revenue collected by them. Such amounts shall be received at the treasuries and credited to ?Forest Remittances? without challans. The Post Offices receipt and money order acknowledgement shall be sufficient vouchers for the Forest Accounts in support of the remittance of revenue and payment of postal charges. The money order acknowledgement should be pasted on to the register in Form 10. The amount spent on money order commission may be charged to ?Contingencies? of the Forest Budget.

 

Rule ? 80. Inspection of licence books, accounts and cash balance:-

 

Licence books, accounts and revenue realised by sale of licences shall be open to inspection by any Forest Officer of and above the rank of a Ranger.

 

Rule ? 81. Conditions under which the licences are granted:-

 

The licence shall be subject to the following conditions:-

(1)        The licence is not transferable.

(2)        The licence must be shown on demand to any Forest Revenue or Police Officer.

(3)        The licence shall present it to the Forester in case of timber licences) or, the Guard in- charge of the locality in case of licences other than timber) as the case may be, and with his knowledge enter the forest and remove the material within the time specified in the licence. He shall while removing the material from the forest, produce the same before the Guard and obtain his endorsement on the licence. In case of timber licence, the licensee shall cut only the trees marked for the purpose by the Range Forest Officer or Forester and remove the material only after it is measured, stamped and a transit pass issued. For this purpose, he shall intimate the Range Forest Officer as soon as the trees are cut and the timber prepared in site. The marked trees shall be cut first to the ground and the stools trimmed to an even surface.

(4)        The licensee shall not cause any undue wastage in conversion or waste any utilisable part of the tree cut, and all such utilisable material shall be assessed by the Range Forest Officer for the purpose of recovering the value.

(5)        The licensee shall observe all the conditions stated in the licence as to the kind and quantity of produce, the locality from which the route by which and the period within which the produce is to be removed.

(6)        Any breach of the above conditions shall render the licence holder liable to immediate cancellation of the licence and to the punishment provided by law.

 

Rule ? 82. Special rules regarding the issue of licences in North Kanara district:-

 

Licences for forest produce not obtainable under the privilege rules may be obtained by the inhabitants of North Kanara district from its reserved forests in accordance with the following rules.

(1)        Licences may be obtained from-

 

(a)      Round Officers (Foresters in-charge of Sections),and specially authorised Foresters if the forest produce is other than timber and its value does not exceed Rs. 10 in each individual case; and

(b)      the Range Forest Officer, if the value of the forest produce does not exceed Rs. 50 in each individual case.

(2)        Applications for licences for forest produce exceeding Rs. 50 in value shall be made to the 1[Deputy Conservator of Forests] who may authorise in Range Forest Officer to issue licences in such cases.

(3)        No licence shall be issued for timber of the following species.

(1)        Teak (Tectona grandis).

(2)        Rosewood or Shisham (Dalbergialatifolia).

(3)        Ebony (Dlospyros assimilis).

(4)        Alale or Hirda (Terminalia chebula).

(5)        Khair (Acaciacatechu).

(6)        Karimuttal (Ougenia dalbergiodies).

(7)        Shivani (Gmelina arborea).

(8)        Kiralbogi(Hopea parviflora).

(9)        Devadar lal or Kalgarige.(Chukrasia taabularis).

(10)    Devadar pandra or Gangarige (Cedrala toona).

(11)    ?Wonte or Vatehuli (Artocarpus lakooicha).

(12)    Amte (Spondias mangifera).

(13)    Buruga or savri(Salmalia malabaricum).

(14)    Jermala (Tetrameles Nudiflora).

(4)        Licences for cutting and removal of timber of the species other than those mentioned in? sub-rule (3) above may be obtained from the Range Forest Officer under the orders of the [54][Deputy Conservator of Forests].

(5)        Except for produce for which a special export rate has been prescribed in the schedule of seigniorage rates, licences may be granted only if the forest produce applied for is required bona fide for any of the following purposes and not for trade, manufacture, sale or barter;

(a)      For the private use of the applicant; or

(b)      For works of public utility such as village chowkis, school, dharmashalas, bridges, covers to or fencing round wells, and repairs to religious edifices.

(6)        The officer empowered to grant the licences shall have discretion to refuse issue of a licence, if-

(i)       The quantity of forest produce applied for is unreasonable, or

(ii)      A reasonable time has not elapsed since the applicant last obtained forest produce of the same description for similar purpose, for

(iii)     The timber applied for could be obtained from trees grown in the applicant?s private land or estate, or

(iv)    The produce applied for could conveniently be obtained from a depot, or at an auction or otherwise.

(7)        All orders refusing to grant licence under the above sub-rule shall be in writing and shall state the reasons for refusal. The applicant shall have the right of an appeal to the next higher officer. The orders of the Conservator of Forests in appeal shall be final.

(8)        Application for a licence shall specify the kind and quantity of the forest produce required, the purpose for which it is required, when the produce of the same description was last obtained by him and whether the same cannot be obtained from his private land or from a depot or at an auction.

(9)        All applications for issue of licences shall be sent to the [55][Deputy Conservator of Forests] between 1st June and end of October every year and such applications shall invariably be acknowledged and finally disposed of within six months from the date of application.

(10)    The concession to obtain timber on licences is confined to the residents of the district who intend to build residential houses in forest villages of the district. This concession shall not apply to the residents of towns where timber depots are run by Government.

(11)    Issue of licences for removal of firewood to places where fire wood depots are run by Government is prohibited.

(12)    As for the removal of firewood by head-loads on licences, the existing practice in various places in the district shall, continue.

(13)    Cases of the misuse of timber or licences, e.g., its sale, misappropriation, etc., shall be severely punishable by imposing suitable conditions on the licence-holder in addition to recovering the full market value of the timber so misused.

 

Rule ? 83. Seigniorage rates :-

 

The seigniorage rates to be charged for each kind of tree or other forest produce granted on licences shall be as noted in the following schedule.

 

"This content is in vernacular language. Kindly email us at info@legitquest.com for this content."

 

TO GOVERNMENT ORDER NO. FEE #277 EDP 94. Dated 14th October 1997

 

Received seigniorage rate fixed with effect from 3rd November 1997

 

 

Note: Sl. No 27 and 77 donoto two botanical name?s but both are for the same tree.

 

M.S. SOMAIAH

 

Under Secretary to Government, Forest, Environment & Ecology Department.

 

CHAPTER XI

PRIVILEGES REGARDING GRANT OF TIMBER AND OTHER FOREST PRODUCE, FREE OR AT CONCESSIONAL RATES

 

Rule ? 84. Privileges:-

 

The Government may grant privileges in reserved protected and district forests to the following categories of persons in respect of removal or usage of forest produce for purposes specified therein:-

(i)       Cultivating raiyats:

wood for agricultural implements. grass for fodder and thatching.

earth, stones, sand, etc., for bona fide requirement.

climbers, creepers, canes and Karve for agricultural purposes. thorns brushwood and bamboos for fencing.

Fallen leaves and green leaves for manure. dead wood for burning as firewood.

Palms for water-courses.

Sinking of manure pits and silo pits in forests adjoining cultivation. use of water sources in forest area for cultivation, and

hunting of certain wild animals in the forests adjoining cultivation for preservation of crop and cattle-,

(ii)      Villages:

wood and bamboo for construction and repairs of houses. Leaves and grass for thatching.

Grazing of cattle in open forest areas.

Certain minor forest products for their bona fide domestic use. Kamara leaves during famine, and

Privilege of way in forest;

(iii)     Cultivators and village inhabitants:-

 

Grant of strips in forests adjoining cultivation and habitation in the interest of public health and protection from wild animals with the attendant privileges;

(iv)     Gardeners of Arecanut gardens:-

 

Grant of privileges attached to Betta land;

(v)      Cultivators of wet lands:-

 

Grant of privileges attached to Kumki lands;

(vi)    Artisans engaged in handicraft:-

bamboos at concessional rates.

woods of certain kinds useful for their craft free or at concessional rates.

leaves and grass for mat-making.

barks and fruits of certain trees for tanning purposes;

(vii)   Poor people whose houses have been destroyed by accidental fire, flood or any other natural calamities:-

 

Wood, bamboos and other forest produce for reconstruction of houses;

(viii)  Members of Scheduled Castes, Scheduled Tribes, Nomadic and Semi-nomadic Tribes, Hill Tribes and new settlers who are too poor to purchase wood:-

Wood, bamboos and other forest produce for construction of dwelling houses;

(ix)    Villages infected with plague:-

 

Wood and bamboos for prompt evacuation of villages; and

(x)      General public:-

(a)      to open roads in forests.

(b)      to plant fruit trees in forest areas and to obtain sanads in respect of such trees and also to obtain land from forest areas under suitable for cultivation of fruit trees.

 

CHAPTER XII

SALE OF FOREST PRODUCE

Rule ? 85. Methods of selling forest produce:-

 

(1)     No forest produce shall be sold by any method other than the following:-

(i)       Sale by auction or tender or tender-cum-auction.

(ii)      Sale at the sanctioned schedule of rates in depots.

(iii)     Sale by issue of licences at the sanctioned seigniorage rates:

Provided that any other method may be resorted to with the previous sanction of Government whenever the Chief Conservator of Forests considers it desirable to do so in the interest of the department.

(2)     The rates referred to in clause (ii) of sub rule (1) shall be the schedule of rates sanctioned by the Chief Conservator of Forests from time to time.

(3)     The rates referred to in clause (iii) of sub-rule (1) shall be those specified in rule 83.

(4)     All important sales of timber and other forest produce shall generally be held by open auction, tender or tender-cum-auction.

 

Rule ? 86. Sale to be notified:-

 

(1)     A notification of sale shall be published in the Official Gazette along with conditions of sale for all sales of timber or any other forest produce either by auction or tender or tender-cum-auction, provided that in cases where estimated value is less than rupees five hundred, it would be sufficient if a local notification is issued and wide publicity is given locally.

(2)     The date or dates of sales of timber in major depots and other important sales of forest produce shall be fixed by the Conservator of Forests, in consultation with the other Conservator of Forests, well in advance.

 

Rule ? 87. Labelling of forest produce:-

 

All forest produce offered for sales shall be classified and labelled according to the standard classification prescribed by the Department for each kind of forest produce.

 

Rule ? 88. Conduct of sale:-

 

(1)     All sales shall ordinarily be conducted by [56][Deputy Conservator of Forests]; but, they may, if necessary, be conducted by any other officer duly authorised by him for the purpose.

(2)     The date of first sale shall be so fixed as to give at least 3 months? time before the commencement of lease period.

 

Rule ? 89. Sale notification:-

 

The sale notification and conditions of sale should refer among other points to:-

(i)       Situation and area to be leased out.

(ii)      Description and quantity of produce that will be exposed for sale; and in case of minor forest produce the several items of minor forest produce included in the lease.

(iii)     The period of lease.

(iv)    Particulars of areas and produce, if any, reserved and hence excluded from the sale. The place where and the date and time when the sale is to be held.

(v)      The necessity or otherwise for the production of solvency certificate or Income-tax or Sales- tax clearance certificate by the intending purchasers.

(vi)    The amount of earnest money that should be deposited or tendered by each intending bidder or tenderer.

(vii)   The time within which the purchase money should be paid and the produce removed.The amount of security deposit to be paid. Agreements, if any, to be executed.

(viii)  The penalty for non-payment for, or non-removal of the produce within the notified time.

(ix)    The non-liability of the officer holding the sale or confirming the sale to accept the highest or any bid or tender.

(x)      The power of the officer holding the sale to stop it at any period if he thinks that there is any combination among bidders.

(xi)    The continuance of the sale on the following days if it is not closed on the day when it was commenced.

(xii)   The obligation on the part of the buyers to inspect the produce or the area of the coupe before bidding or tendering.

(xiii)  The liability of the bidders in auction sales to sign the notice of the sale implying thereby their acceptance to its terms before they make their offers.

(xiv)  [57][The forfeiture of the earnest money deposited to Government if the tenderer/bidder withdraws his tender/offer before the tender/bid is accepted or rejected.]

 

[58][Rule ? 89A. Recovery of loss caused to Government on account of withdrawal of tender/bid before acceptance or rejections:-

 

(1)     No tenderer or bidder shall withdraw his tender or bid before it is accepted or rejected.

(2)     If a tenderer or bidder withdraws his tender or bid before it is accepted or rejected,-

 

(a)      the earnest money deposited by him shall be forfeited to Government, and

 

(b)      where the tender or bid withdrawn is the highest bid or highest tender and the amount realised by resale of the forest produce is less than the amount specified in the said amounts together with the costs of the resale shall be recovered from such tenderer or bidder as an arrear of land revenue.]

 

Rule ? 90. Disqualifications to bid:-

 

Persons who are black listed or in solvent or who have failed to pay Government dues, or are minors, shall not be eligible to bid in auction nor their tenders accepted.

 

Rule ? 91. Earnest money:-

 

(1)     No cheques shall be accepted as earnest money deposits.

(2)     No earnest money deposits offered jointly shall be accepted unless such persons are members of registered company, corporation or firm and the deposit made is on behalf of such company, corporation or firm.

(3)     Persons intending to deposit and bid as agents of another shall deposit with the Sale Conducting Officer a legal power of attorney.

(4)     Persons intending to deposit and bid as agents of other Government departments shall deposit with the Sale Conducting Officer a letter of authority from the Head of such Government department.

 

Rule ? 92. Authority to bid on behalf of company or firm:-

 

A company, corporation or firm which intends to bid or tender in a sale shall provide the person who is to bid or tender with a power of attorney on behalf of such company, corporation or firm signed by all the directors or partners as the case may be.

 

Rule ? 93. Conduct and confirmation of sale:

 

(1)     No sale shall be conducted when there is only one purchaser present.

(2)     In case of auction sale, prior to the commencement of the sale, the sale conditions shall be read out and the signatures of all intending purchasers shall be obtained on the sale notice in the presence of the Sale Conducting Officer in token of their having been appraised of and having accepted the sale conditions. The sale notice containing the signatures of the intending purchasers shall form a part of the sale record.

(3)     Should the bid of any person participating in the sale be disputed, the decision of the ?Sale Conducting Officer on the spot shall be final and binding.

(4)     The bidder in whose favour the lot has been knocked down shall affix his signature in the appropriate column of the sale-slip in Form 11 against the amount offered by him in token of his having accepted the correctness of the transaction entered in the sale slip.

(5)     When a sale is effected by public auction, tender or tender-cum-auction, generally, the highest bid or tender, if regular in all respects, shall be accepted by the Sale Conducting Officer competent to conduct the sale under these rules, provided such offer is equal to or exceeds the sanctioned upset price. Where for any valid reason the highest bid or tender cannot be accepted, the Sale Conducting Officer may reject any bid or tender without assigning any reason. He shall, however, make a record of such rejection giving full reasons thereof. In cases where he is not competent to confirm the sale, he shall submit it along with the other sale records to the authority competent to confirm the sale.

(6)     The Sale Conducting Officer shall sanction bids or accept tenders that are within his powers of sanction and issue confirmation or acceptance orders thereon. Bids and tenders not falling within his powers of sanction shall be submitted to the competent authority for confirmation or acceptance, furnishing his opinion on the general results of the sale, with special reference to the competitions among the bidders, the demand for specific kinds of timber or other produce and the prospect of market for timber or other forest produce and any other useful information gathered from the sale.

(7)     While deciding the offer, either for acceptance or rejection, the works pending with the contractor, his capacity to execute the present contract and his performance in respect of the previous contracts shall also be taken in to consideration.

 

Rule ? 94. Form of agreement:-

 

Agreements shall be in the forms prescribed for the purpose.

 

Rule ? 95. Additional rules regarding the sale of minor forest produce:-

 

(1)     Subject to the recognised rights and privileges of private parties, the [59][Deputy Conservator of Forests] shall consider and decide each year before the collection season begins:-

What articles of minor forest produce shall be exploited and in what localities, having regard to local conditions and past results; and

What arrangements shall be made for their exploitation.

(2)     The period of minor forest produce leases, ordinarily, shall not exceed three years commencing from Ist July and the Chief Conservator of Forests shall fix the period of lease for each produce or group of produce, taking in to consideration the kind of produce, its susceptibility to fluctuations in annual yields, the administrative convenience and the convenience of the lessees.

(3)     The Conservator of Forests may authorise [60][Deputy Conservator of Forests] to sell minor forest products of local importance and demand as separate items.

(4)     The produce may be disposed of in any convenient units as may be found convenient at the discretion of the Sale Conducting Officer.

 

Rule ? 96. Certain forest produce to be excluded:-

 

The kinds of produce specified below found in the assessed waste gomal kharab lands, gavatana and other lands set apart for communal purposes, which are sold separately by the Tahsildars, shall be excluded from the sale except in areas where such sales are conducted by the Forest Department.

 

 

Provided that the species mentioned above and the localities where found may be modified with the prior approval of the Conservator of Forests.

 

Rule ? 97.

 

[61][***]

Rule ? 98.Supply of sandalwood to temples and Muzrai Institutions:-

 

(1)     All supply of sandalwood to temples and Muzrai Institutions shall be at the sanctioned retail-sale rates which are subject to revision by Government from time to time.

 

(2)     Supply shall be made by the Department from its deposits, provided that-

 

(i)       The value is paid for before removal;

 

(ii)      The bona fide requirement of the temple or the institution, as to the class and quantity required is certified by the Commissioner for Charitable Endowments in the State; and

 

(iii)     The indent for the supply of sandalwood is placed with the [62][Deputy Conservator of Forests] concerned at least one month before the actual removal

 

(3)     The temples and Muzrai Institutions obtaining sandalwood in excess of [63][4] kilograms shall obtain licences for possession and storage of sandalwood and comply with the provisions of the Act and rules.

(4)     The sandalwood obtained for the use of temples and Muzrai Institutions shall not be sold.

(5)     Such institutions shall maintain accounts to show the receipt and disposals of sandalwood supplied to them. The accounts so maintained as well as the stock shall be subject to inspection by the officers of the Revenue and Forest Departments of and above the rank of Revenue Inspector and Range Forest Officer respectively.

 

Rule ? 99. Rules for retail sale of sandalwood from Government Sandalwood Depots:-

 

(1)     (a) [64][All sale of sandal wood to permit holders shall be at the sanctioned retail sale rates which are subject to revision by the Government annually. No permit shall be necessary for purchase of sandalwood not exceeding 4 kgs for bonafide domestic use.

(b) Retail sale rate shall be fixed annually by the Government based on the proposal of the Principal Chief Conservator of Forests, which shall be fixed on the average rates obtained in the last auction sales held in the State of Karnataka or in the neighboring State of Tamilnadu.]

(2)     Application for permit to purchase sandalwood in retail sale from depots shall be made to the Chief Conservator of Forests, Conservator of Forests, [65][Deputy Conservator of Forests] or Officer-in-charge of Sandalwood Depot, as the case may be.

(3)     The applicant should furnish the following particulars viz:-

(i)       The name of the depot from which he intends to purchase.

(ii)      The kind and quantity of sandalwood.

(iii)     Purpose for which wood sought for is required by him, namely:-

(1)     Bona fide domestic and religious purposes.

(2)     Carving or similar purposes.

(3)     Distilling oil, manufacturing agarbattis, etc.

(4)     Trade.

(iv)    The date of previous purchase and the quantity purchased (In respect of applicants obtaining wood for trade).

(v)      The number and date of the licence, the authority that has issued him the licence and the currency of the licence held by him, if any, for possession, storage, sale or disintegration of sandalwood or for the manufacture, distilling or sale of sandalwood oil (only in case of applicants seeking to purchase sandalwood in excess of 3.17 kg.).

(vi)    The place to which the wood sought for is intended to be taken and the mode of transport.

(vii)   Whether he has rendered the accounts of his stock to the [66][Deputy Conservator of Forests] and if so, upto what period? (Only in cases of tradesmen).

(viii)  The stock of sandalwood held by him on the date of application.

(4)     On receipt of the application, the officer concerned shall, on such enquiry as he deems necessary is satisfied that the facts stated in the application are correct and there is no objection to permit the sale of the sandalwood to the applicant, sanction the sale of sandalwood to the applicant within as specified date from any of the Government sandalwood Depots within his jurisdiction. The said Officer, after giving the applicant an opportunity of being heard in the matter, may refuse or defer the grant of permit for reasons to be recorded in writing if the information required is not given or the information given is suspected to be not corrected or if he has reason to believe that the applicant is or has been concerned in any illegal practice with regard to any sandalwood or for any sufficient valid reasons.

 

(5)     No purchaser shall remove the sandalwood from the depot except under and in accordance with a transit pass issued by a Forest Officer empowered to issue such pass and a licence from the [67][Deputy Conservator of Forests] for possession, storage, etc., of sandalwood obtained in excess of [68][4 kg].

(6)     Persons intending to purchase sandalwood exceeding 5 quintals shall give at least 7 days notice of their intention to take delivery of the sandalwood to the [69][Deputy Conservator of Forests] or Officer-in-charge of the depot.

(7)     No sandalwood shall be delivered except to the permit-holder or holder of his power of attorney.

(8)     No further cleaning, classification or choice of sandalwood shall be allowed previous to weighment and no complaint with regard to the classification and cleaning shall be entertained.

(9)     No purchaser shall remove the sandalwood from the depot till every piece that can be stamped is marked by the Departmental sale hammer mark.

(10)   Weighment of sandalwood exceeding 50 kg for the purpose of delivery to the purchasers, shall be made by the [70][Deputy Conservator of Forests] or any other Gazetted Officer, in the presence of the purchaser or his authorised agent. In all other cases, weighment may be made by the Officer-in-charge of the depot under similar terms.

(11)   The purchaser shall always comply with the provisions of the Act and all rules in for thereunder, from time to time, regarding possession storage, transit, disintegration, etc., of Sandalwood and manufacture, distillation and sale of sandalwood-oil obtained therefrom.

(12)   Title of the sandalwood sold shall vest in the Government if the purchaser fails to remove it from the depot within a period of seven days from the date of sale.

 

Rule ? 100. Sale and supply of elephants and other wild animals:-

 

(1)     Elephants and other wild animals captured by the Department may be disposed of by any of the following methods:-

(i)       By supply of Zoological gardens and other institutions devoted to the study and research in Biological and other allied sciences.

(ii)      By retail sale.

(iii)     By auction sale.

(2)     The rate at which the supply or sale of any wild animals has to be done under clauses (i) and (ii) of the above rule shall be fixed by the Chief Conservator of Forests subject to approval by Government. While fixing the rate for the sale of any animal, the abundance or rarity of the animal, the difficulty or case of its capture, the cost involved in the capture, feeding and transport of the animal, the age, sex and condition of the animal, its utility and market value and the extent of domestication and training the animal has received shall be taken into consideration.

(3)     Notwithstanding anything contained in these rules, the Government reserves its right to give as a gift or to sell at a concessional rate any wild animal captured by the department to any person, mutt, temple or institution or to any country whatsoever, at its discretion.

 

Rule ? 101. Sale and supply of ivory:-

 

(1)     The ivory collected by the Department may be sold in one of the following three methods:-

(i)       By auction sale

(ii)      By retail sale to the public

(iii)     By supply to the Industries and Commerce Department.

(2)     The rate at which the supply or sale of ivory has to be done under clauses (ii) and (iii) of sub-rule (1) shall be fixed by the Chief Conservator of Forests subject to approval by the government.

[71][Rule ? 102.

 

[x x x]

 

CHAPTER XIII SANDAL WOOD

 

Declaration of Sandal trees grown on private lands.

 

Rule ? 103. Definitions:-

 

In this chapter unless the context otherwise requires,-

(a)      ?Licensee? includes his servants or agents engaged in carrying out the purposes of the licences granted under the rules.

(b)      ?Mature sandal tree? for purposes of the rules is one which is showing signs of decay as indicated by the following external symptoms:-

 

(i)    Dead main branches and leading shoot.

(ii)      Decay of bark.

(iii)     Pale colour and diminitive size of leaves. A further and infallible test is that the heartwood must not e at a lower depth than 2 ? cm, from the surface.

(c)      [72][?Owner? means any occupant or holder of land or any other person referred to in Section 83 who is entitled to the sandal trees situated in his land].

(d)      ?Sandal tree? includes saplings and seedlings.

 

[73]Rule ? 104 to 107

 

[* * *]

[74][Rule ? 108. Exploitation and disposal of sandal trees from any land, owners of which possess a right thereto:

 

(1)     Any person who intends to extract his sandal tress shall apply to the concerned Range Forest Officer furnishing particulars regarding the village, survey number, other particulars of the land, and the list of trees to be extracted in Form 12. The owner shall also indicate whether he intends the extracted sandalwood to be transported to the Government Sandal depot to sell it to the State Government or to any State Government undertaking notified by the State Government from time to time. The applicant shall enclose the relevant documents duly obtained form the authorities concerned.

(2)     The Range Forest Officer shall visit the spot and after due enquiry and verification of the documents, if satisfied about the ownership or interest of the applicant to the trees and if the tree intended to be extracted is a matured sandal tree, report the matter to the Deputy Conservator of Forests within thirty days from the date of receipt of the application. The Deputy Conservator of Forests may after due enquiry and verification of the documents, if satisfied about the ownership and the title, permit extraction of the tree within fifteen days of receipt of the report from the Range Forest Officer. Ordinarily such permission shall not be refused if the tree.

(a)      is wind fallen;

(b)      constitutes a danger to life of property;

(c)      is required to be removed or extension or cultivation.

Before the extraction and removal of tree, the applicant shall sign a declaration in Form 13, agreeing to abide by such of the conditions specified therein and to indemnify the State Government or any other person against any loss that may be caused to the State Government or such other person due to any misrepresentation on his part about his title to the tree or about the ownership of the land.

(3)     The tree permitted to be extracted shall be serially numbered and girth measurement taken at a height of 1.37 meters above ground level. The place where the girth measurement was taken shall be marked with a red band in paint. A Forest Guard shall supervise these operations and he shall record the measurements. The details shall be forwarded by the Forest Guard to the concerned Range Forest Officer who shall record the details in the register in form 14 and maintain the register.?

 

(4)     Thereafter, the tree permitted to be extracted shall be uprooted, cut into proper pieces, each piece serially numbered and its mid-girth and length measured and recorded as specified in Karnataka Forest Code and the material shall be. stocked until transportation. The cost of extraction and stacking will be borne by the owner. A Forest Guard shall supervise these operations.

 

(a)      In case, owner desire to send the extracted sandal wood to the Government depot, the material shall be transported by the department as provided in rule 155, under a transit pass in Form No. 38 to be issued by the concerned Range Forest Officer, or by a subordinate not below the rank of a Forester duly authorised by the Range Forest Officer after giving a receipt to the owner in Form 15. The material shall be accompanied by a Forest Guard during transit. The owner is also at liberty to arrange for transport at his cost.

(b)      when the owner desires to dispose the extracted sandalwood to any State Government undertaking notified by the State Government from time to time, the extracted material shall be transported as provided in rule 155, to the required destination under a transit pass in Form No, 38A to be issued by the concerned Range Forest Officer or by a subordinate not below the rank of a Forester duly authorised by the Range Forest Officer. On receipt of the Sandalwood, the State Government undertaking concerned shall issue a receipt in Form 15A to the owner and a copy of the same shall be sent to the Range Forest Officer concerned and another copy shall be retained by the State Government undertaking.

 

(5)     When the sandalwood is brought to the Government depot, the officer in charge of the depot shall check, measure and acknowledge the material and pass on a receipt to the Forest Guard accompanying the material. Thereafter, the sandalwood shall be cleaned roughly dressed assorted, classified and weighed in the same manner as the Government sandalwood as specified in the Karnataka Forest Code. The owner or his authorised agent is at liberty to-be present at the time of cleaning, dressing, assortment, classification and weighment. The Depot Officer shall submit to the Deputy Conservator of Forests in whose jurisdiction the Government depot lies, the details of sandalwood received in the depot and the final out-turn of sandalwood obtained in Form No 16 forwarding a copy of it to the concerned Range Forest Officer from whom he had received the sandalwood and to the owner, Thereafter, the Depot Officer shall prepare a bill for payment, indicating the outturn of sandalwood and value to be paid to the owner and submit the same to the Deputy Conservator of Forests having jurisdiction over the depot for making payment. The Deputy Conservator of Forests shall get the bill scrutinized, pass the bill and make payment to the owner through cheque.

(6)     The rates at which the value the sandalwood has to be paid to the owner shall be fixed by the Principal Chief Conservator of Forests for each financial year based on average prices obtained for sandalwood in the auction sales held in the State. In case no auction sales were conducted in Karnataka State recently, the average price obtained in the auction sale held in Tamilnadu shall be applied. The average rates obtained in the last two auction sales shall be the basis. After deducting the cost of transportation (if transported departmently) , Preparation, supervision and other incidential charges as fixed by the Principal Chief Conservator of Forests, the value of sandalwood shall be paid to the owner, as soon as possible but not later than three months from the date of receipt of the material in the depot].

 

Rule ? 109. Felling of sandal trees which are the exclusive property of the State Government [75][under sub-section (2) of section 83]:

 

(1)     The selection of sandal trees for extraction [76][which are the exclusive property of the State Government under sub-section of Section 83] shall entirely rests with the Forest Department and [77][no occupant or holder shall have right to insist that such sandal trees] standing on his land be removed on any ground than that of obstruction to cultivation or to object to the removal of any trees by the Forest Department in the course of it ordinary operations.

(2)     Every sandal tree [78][referred to in sub-rule (1)] intended for felling shall be marked by the Range Forest Officer with a ?F? hammer mark just above the root stock after removing the outer bark and transparent wood and given a serial number marked on it [79][***] that contained in a register in Form 14 maintained by the range Forest Officer showing all the trees marked by him for removal from private lands. Monthly extract therefrom shall be sent to the [80][***].

(3)     [81][trees thus marked shall be uprooted, cut into proper pieces, numbered as provided in the Karnataka Forest Code and sent to the depot as provided under rule 155, under a transit pass in Form No. 38, in the remarks column of which the name of the owner and his address shall be noted.

(4)     Any occupant or holder may get any Sandal tree growing in his land and belonging to the State Government removed if it interferes with the legitimate use of his land by making an application in that behalf to the Range Forest Officer giving the survey number in which the sandal tree is situated and furnishing the approximate height and girth of such tree. The Range Forest Officer shall, after due enquiry, if satisfied about the bonafides of the applicant?s request, forward the application with his recommendations to the Deputy Conservator of Forests, who after such verification and enquiry, if satisfied about the bonafides may order the removal of the tree. The opinion of the Deputy Conservator of Forests shall be final.

 

(5)     [82][ * ***]

 

[83][Rule ? 110 to 115

 

[***]

 

Damage, destruction and theft of sandal trees belonging to Government in private lands.

Rule ? 116. Damage or theft of sandal tree:-

 

Every Forest, Police, Revenue or Village Officer shall report to the concerned [84][Deputy Conservator of Forests] every case of damage or theft of sandal tree belonging to Government in occupied land as soon as it comes to his knowledge.

[85][Rule ? 117

 

[***]

Possession, storage, sale and disintegration of sandalwood; distillation and sale of sandalwood oil.

Rule ? 118. Application for licence.-

 

(1)     All applications for grant or renewal of licences under section 87 shall be made to the [86][Deputy Conservator of Forests] concerned, with the fees specified in sub-rule (2) furnishing the following and such other particulars as the [87][Deputy Conservator of Forests] may require:-

(i)       The kind and quantity of sandalwood for which the licence is sought for.

(ii)      Licence for what purpose.

(iii)     Sandalwood where from obtained and when? (necessary documents and passes to be enclosed).

(iv)    Period for which the licence is sought.

(v)      Particulars of the locality and place where the sandalwood is sought to be stored sold, disintegrated or the oil distilled.

(vi)    Nature of the mill, plant or other contrivances for disintegrating sandalwood or distilling oil from sandalwood.

(vii)   Whether he holds a licence, if so:-

(a)      The previous licence number and date and the date of its expiry and return.

(b)      Whether the applicant has maintained the stock accounts in the prescribed form and rendered them to the [88][Deputy Conservator of Forests]? If so, upto what period.

(c)      The stock of sandalwood with the applicant on the date of application.

(2)     The fees specified in column (3) of the table below shall be charged for the grant or renewal of a licence specified in column (2) thereof:-

 

Provided that no fee shall be charged for the possession and storage of sandalwood by temples and Muzrai Institutions and for disintegration of wood and distillation of oil by Government Departments.

(3)     On receipt of the application and the fee, the [90][Deputy Conservator of Forests] shall, after such enquiry as he deems necessary, if satisfied that there is no objection to grant or renew the licence in Form 17 having regard to the safe guarding of the Government sandalwood and the antecedents of the applicant grant or renew licence subject to such conditions as may be prescribed therein.

(4)     The [91][Deputy Conservator of Forests] may, after giving the applicant an opportunity of being heard in the matter and for reasons to be recorded in writing, reject any application for grant of a licence or its renewal, where upon the applicant, unless he appeals against the orders of rejection under rule 122, shall be entitled to the refund of the fee remitted by him under sub-rule (2).

[92][Rule ? 119. Duplicate copy of licence:-

 

The Deputy Conservator of Forests may, on receipt of payment of a fee of Rs. 30, issue a duplicate of the licence if he is satisfied that the original licence issued to a licensee is lost, destroyed or otherwise rendered useless].

Rule ? 120. Cancellation or suspension of licence:-

 

The Officer issuing the licence may, at any time, for reasons to be recorded in writing, cancel or suspend any licence after giving the licensee an opportunity of being heard in the matter.

 

Rule ? 121. Copies of the order:-

 

A copy of every order rejecting the application for the grant or renewal of a licence under sub-rule (4) of rule 118 or cancelling or suspending of a licence under rule 120 shall be granted to the applicant or the licensee, as the case may be, by the [93][Deputy Conservator of Forests] making such order.

 

Rule ? 122.Appeal:-

 

Any person aggrieved by an order of the [94][Deputy Conservator of Forests] under sub-rule (4) of rule 118 or rule 120 may, within 30 days of the receipt of the order under rule 121, present an appeal thereupon in writing to the Conservator of Forests whose decision thereupon shall be final. Appeals received after the specified period shall be summarily rejected.

Rule ? 123. Maintenance of accounts by the licensee:-

 

The licensee shall maintain accounts of transactions in a stock register in Form 18 and produce them for inspection and check when demand by any Forest or Police Officer not below the rank of a Ranger or Sub-Inspector of Police. Any refusal to produce the register of accounts or the non-maintenance of the accounts or the maintenance of incorrect accounts shall entail cancellation of the licence, in addition to any other penalty that may be imposed under the provisions of these rules.

 

CHAPTER XIV CATECHU TREES

 

Rule ? 124. Definition:-

 

In this chapter unless the context otherwise requires, ?permit-holder? includes his servants and agents engaged in carrying out the purpose of the permit granted under the rules.

Rule ? 125. Application for permit for felling Catechu trees:-

 

(1)     Application for permits for grant or removal under section 91 shall be in Form 19. Forms of application may be obtained free of cost from the Deputy Commissioner.

(2)     The permits under section 91 shall be in Form 20 either in English or Kannada.

(3)     A fee of rupees 10 shall be charged for each permit issued for the felling of catechu trees and manufacturing of cutch from them.

 

(4)     On receipt of the application and the fee, the Deputy Commissioner shall, after such enquiry as he deems necessary and after consulting the [95][Deputy Conservator of Forests], if satisfied that there is no objection to grant the permit, having regard to the safeguarding of the Government catechu trees and the antecedents of the applicant, grant a permit subject to such conditions as may be specified therein.

 

(5)     The Deputy Commissioner may, after giving the applicant an opportunity of being heard in the matter, for reasons to be recorded in writing, reject an application where upon the applicant shall been titled to the refund of the fee paid by him under sub-rule (3) of rule 125.

(6)     The officer issuing the permit may, at any time, for reasons to be recorded in writing, cancel or suspend any permit after giving the permit-holder an opportunity of being heard in the matter.

 

Rule ? 126. Permit for purchase, sale or transport:-

 

(1)     Applications for grant or renewal of permits under section 93 shall be in Form 21 and be accompanied with a Treasury receipt for rupees ten for having remitted the amount in any Government Treasury towards the fee for the issue of permit or its renewal. Forms of application may be obtained from the [96][Deputy Conservator of Forests], free of cost. Permit for the sale of catch shall be in Form 22 and permit for transport shall be in accordance with the rules framed under section 50 of the Act.

(2)     The [97][Deputy Conservator of Forests] may, after giving the applicant an opportunity of being heard in the matter, for reasons to be recorded in writing, reject any application for grant of a permit or its renewal or issue of a transit pass, whereupon the applicant shall been titled to the refund of the fee, if any, paid by him unless he appeals against the orders of refusal under sub-rule (5).

(3)     The [98][Deputy Conservator of Forests] issuing the permit may, at any time, for reasons to be recorded in writing, cancel or suspend any permit giving the permit- holder an opportunity of being heard in the matter.

(4)     A copy of every order rejecting an application for the grant or renewal of a permit under rule 141 or cancelling or suspending of a permit under rule 142 shall be granted to the applicant or the permit-holder, as the case may be, by the [99][Deputy Conservator of Forests].

(5)     Any person aggrieved by an order of the [100][Deputy Conservator of Forests] under sub- rule (2) or (3) may, within 0 days of the receipt of the order under sub-rule (4) present an appeal thereupon in writing to the Conservator of Forests, whose decision thereon shall be final. Appeals received after the specified period shall be rejected.

 

Rule ? 126. Maintenance of account, etc., by permit-holder.-

 

Every person who is permitted to manufacture cutch or who is permitted to sell or dispose of cutch or who comes into possession of any stocks of cutch exceeding 3.17 kg. Shall maintain accounts of transactions, out turn, disposal, etc., in a stock register in Form 23 and send a copy of it to the [101][Deputy Conservator of Forests].

[102][CHAPTER XIV-A BLACKWOOD OR BITE TREES

 

Rule ? 127A. Cutting, felling and sale or disposal of blackwood or bite trees:-

 

(1)     No person shall cut, fell, sell or transport any blackwood or bite tree or timber thereof standing on any land except in accordance with the provisions of this rule.

(2)     Every person intending to cut or fell such trees standing on any land shall apply in Form No.45 to the [103][Deputy Conservator of Forests] having jurisdiction along with the relevant documents indicating the tenure of the land, nature of his rights to the trees, consent of the owner or occupant of the land if the applicant is not the owner or occupant thereof, and such other particulars as are specified in the application and may be required by the [104][Deputy Conservator of Forests].

(3)     On receipt of the application, the [105][Deputy Conservator of Forests] shall, after such enquiry as he deems necessary, if satisfied about the title of the applicant to the trees and that the trees are fit for cutting and felling on Silvicultural principles and accord permission to fell, convert and transport them to the approved depot or undertake to extract and deliver them to the depot through departmental agency, as the case may be In the event of the Forest Department undertaking extraction and removal, the applicant shall sign a declaration in Form 46, agreeing (i) to abide by such of the conditions specified therein as may be imposed by the [106][Deputy Conservator of Forests], and (ii) to indemnify the Government or any other person against any loss that may be caused to the Government or such other person due to any misrepresentation on his part about his title to the trees or about the ownership of the land or due to his interference or obstruction during the course of cutting felling, conversion, and removal by the Department. The [107][Deputy Conservator of Forests] may refuse permission for felling or cutting if he is of the opinion that the trees are not fit for felling on silvicultural principles or for any other reason to be recorded in writing. The owner or occupant or the applicant aggrieved by an order of the [108][Deputy Conservator of Forests] may appeal to the concerned Conservator of Forests within thirty days from the date of such order and the decision of the Conservator of Forests on such appeal shall be final.

(4)     Cutting, felling, conversion and transport of such trees shall be done under the supervision and guidance of the officers of the department and if the applicant is cutting, felling or transporting the trees, he shall maintain such registers, forms and accounts as may be specified by the [109][Deputy Conservator of Forests] or the Government.

(5)     The Officer-in-charge of a Government depot shall accept the bite trees or timber thereof brought to the depot by the applicant or the departmental agency during business hours and record the measurements and the classifications of timber and pass a receipt in Form 47 for having received the timber in the depot. The measurements recorded in the receipt by the Officer-in-charge of the depot shall be final for the purpose of payment of purchase price fixed under sub-section (4) of section 104A.

(6)     Nothing in this rule shall apply,

(a)      for the cutting or felling of bite trees required for bona fide personal use of the owner thereof upto a limit of 350 Cft. or 10 Cmtr.

(b)      to trees exempted under the second proviso to sub-section (1) of section 104A.

(7)     Provisions of Chapter XVI of these rules shall apply for transport of tree or timber referred to in sub-section (3) of section 104A).

CHAPTER XV

PRESERVATION, REPRODUCTION AND DISPOSAL OF TREES BELONGING TO GOVERNMENT, BUT GROWN ON PRIVATE LANDS.

 

Rule ? 128. Definition:-

 

In this chapter, unless the context otherwise requires, ?Government trees? include all trees and their after growth, on lands belonging to or in the occupation of private persons the right of Government to which has been reserved under the provisions of the Karnataka Land Revenue Act, 1964 or Rules framed thereunder or any other Act or Rules in force as applying to any area within the State of Karnataka.

Exemption:- When all such trees in a survey number or holding are cut and removed, trees which may afterwards grow in such survey number or holding either from the stumps or roots of trees so cut and removed or otherwise shall not be Government trees.

 

Rule ? 129. Exemption:-

 

(1)     Nothing contained in this chapter except sub-rule (2) and rules 134, 135 and 136 shall apply to-

(i)       Betta lands in the district of North Kanara; and

(ii)      Lands held under Coffee Acreage Assessment and under Gross Assessment in Mysore Area.

 

(2)     In the Betta lands and in the lands held under Coffee Acreage Assessment mentioned in clauses (i) and (ii) [110][of sub-rule (1)] above, the trees on which the rights of Government are reserved shall be made available for cutting from time to time by the gardners or estate holders, as the case may be by or under the orders of the Forest Department according to the prescribed rules. Such cutting of trees or removal of timber thereof will confer no right on the occupant to the aftergrowth of the trees so cut. The reservation of the right of the Government over the trees will extend to all such aftergrowth.

 

Rule ? 130. Government trees from private lands can be cut only on permits.-

 

(a)      No person shall cut, lop or in any way insure, appropriate or remove any Government tree, or any loppings thereof, on lands belonging to or in the occupation of any person, or knowingly or willfully permit or abet the cutting, lopping, injuring, appropriating or removing of the same by any other person without paying the seigniorage prescribed, if any, or value thereof and without the permission granted in accordance with the rules in this Chapter subject to such conditions as the Government may from time to time prescribe:-

 

Provided that the occupant or holder of the land may without permission lop branches of such trees for regulating shade in cultivated Coffee areas without in any way causing permanent injury to such trees:

 

Provided further that nothing contained in this Rule shall be deemed in any way to modify or cancel any other order regarding reservation of trees made under the provisions of the Karnataka Land Revenue Act, 1964 or rules framed thereunder or any provisions of law in force regarding reservation of trees.

 

(b)      No person shall obstruct any purchaser, lessee or other transferee of the trees mentioned in sub-rule, (1) in cutting, lopping, appropriating or removing when the cutting, lopping, appropriating or removing of such trees is done by the purchaser, lessee or transferee or any person acting on his behalf with the previous permission of a Forest Officer not below the rank of a [111][Deputy Conservator of Forests] and the occupant or holder of the land.

(c)      If the occupant or holder of the land refuses to give permission under sub-rule (2), in respect of any tree or trees, the value of such tree or trees as estimated by the [112][Deputy Conservator of Forests] shall be paid to Government by such occupant or holder.

(d)      No permit-holder shall cut the trees covered by the permit unless they are marked with such mark as may be prescribed, by the Officer specified in the permit, who shall also prepare a list of trees so marked and their estimated yield.

(e)      No timber or other material obtained from the trees cut shall be removed from the spot unless it is duly stamped and a transit pass issued by the Range Forest Officer.

 

Rule ? 131. Occupant or holder of land to preserve Government trees:-

 

Every occupant or holder of land or Inam shall be responsible for the preservation of all Government trees growing on such land or Inam and shall, in the event of cutting, lopping, injuring, appropriating or removal of any such tree by whomsoever or from whatever cause, as soon as possible, report such fact to the nearest Revenue or Forest Officer.

 

Rule ? 132. Application for permission:-

 

(1)     Application for permission under sub-rule (2) of Rule 130 shall be made in writing to the [113][Deputy Conservator of Forests], specifying clearly the survey numbers, the name of the village, taluk, the number, kind and measurements of trees sought to be cut and the kind and estimates quantity of timber or other produce obtainable from such trees along with the consent of the owner or owners, occupant or occupants.

(2)     On receipt of an application under sub-rule (1), the [114][Deputy Conservator of Forests], shall, on such enquiry with Revenue Officers or otherwise as he deems necessary, if satisfied about the title of the applicant to the land and to the trees thereon and the bona fides of the applicant, give the permission in Form 24, subject to one or more limitations or conditions prescribed under sub-rule (2) of Rule 130.

Rule - 133.

 

Records of Government trees in private lands, where the rights of the Government any number or kind of trees in occupied lands are reserved, such number or kinds of trees shall be at the disposal of the Forest Department. A register of records of all such occupied survey numbers in which the Government has any right or lien over the trees shall be maintained by the Revenue Department. The clearing of these survey numbers or the trees reserved shall be done by the Forest Department in concert with the Deputy Commissioner. If all such trees in a survey number either cut and removed or disposed of to the occupant it shall be recorded in the register and the right of Government over any tree except sandal in that survey number shall cease thereafter.

 

Rule ? 134. Lands held under the Coffee Acreage Assessment in Mysore Area.-

 

(1)     The kinds of trees specified below in lands to which the ?Coffee Lands Settlement of 1885? has been extended and which are charged with the full acreage assessment whether fixed perpetuity or for thirty years, shall vest with the Government.

?[115][***]

 

[116][Provided that the holder of the aforesaid lands may be allowed to use free of charge, the timber of the said species, except sandal, for their own bona fide private purpose provided necessary permission is obtained from the [117][Deputy Conservator of Forests] under Rule 132.]

(2)     The holders of such lands may be permitted to redeem the right of the Government to such trees except sandal upon a valuation of their present value based on ruling market rates.

(3)     Save as provided in proviso to sub-rule (1) if the Government right to the aforesaid trees is not redeemed by the holder as provided in sub-rule (2) the seigniorage rates in force shall be levied by Government upon all such trees except sandal.

 

Rule ? 135. Lands held under Gross assessment in Mysore Area:-

 

The felling of the following kinds of Government trees shall be prohibited in lands held on gross assessment until the holder of the land acquires right of felling the trees except sandal by paying the value of such trees.

1.	Teak.	2.	Rosewood (Blackwood).
3.	Sandalwood.	4.	Poon.
5.	Honne.	6.	Nandi.
7.	Jalari (Lac tree);	8.	Halasu (Wild Jack).
9.	Kamara (Karchi).

 

Rule ? 136. Cutting of trees referred to in Rules 134 and 135:-

 

The Government trees except sandal mentioned in sub-rule (1) of Rule 134 and Rule 135 shall be cut and sold either departmentally or by public auction.

 

[118][Rule ? 137.

 

[***]

 

Rule ? 138. Trees on land granted for house buildings, hitlu etc., in Coorg District:-

 

?Conditions detailed out in Rule 137 regarding removal of trees shall, mutatis mutandis, apply for removal of trees from house-building sites and hitlus if trees therein have not been given to the owner of the sites or hitlu, as the case may be.

 

Rule ? 139. Trees on leased lands in Coorg District:-

 

(1)     The lessee of the land for the cultivation of Rubber, Agave, Tea or Chinchona should notify the Forest Department, not later than 31st October each year, the land shall pay the seigniorage value of trees to the [119][Deputy Conservator of Forests] before beginning operations.

(2)     No lessee of lands leased out for cardamom cultivation shall fell or destroy any trees of the following species or their natural re-growth thereof and any other species of trees which may be notified by the Government from time to time without the previous permission of the [120][Deputy Conservator of Forests].-

(i)       Sandal (Santalum album).

(ii)      Teak (Tectona gradis).

(iii)     Rosewood or Bite (Dalbergia latifolia).

(iv)    Agil or transparent-cedar (Dysoxylum malabaricum).

(v)      Aini or Hebbalasu (Artocarpus hirsuta).

(vi)    Nagasampige or Atha (Mesuaferrea).

(vii)   Noga or Red-cedar (Cedrela toona).

(viii)  Halasu or Jack (Artocarpus integrifolia).

(ix)    Chonapaaini or Ennemara (Hardwickia pinnata).

(x)      Honne (Pterocarpus marsupium).

(xi)    Matti (Terminalia tomentosa).

(xii)   Nandi (Lagerstroemia lanceolata).

(xiii)  Buruga (Saimalia malabaricum).

(xiv)  Ebony (Diospyros ebenum).

(xv)   Chatuva or Makali(Evodia roxburghiana)

(xvi)  Irupu or Kiralboi (Hopea parviflora)

(xvii) Kalpaini or Dhuma (Dipterocarpus indicus)

(xviii)   Mango or Mavu (Mangifera indica).

(xix)  Pali or Hadasale (Palaquim elliptium).

(xx)   Pandapaini or Kaidhupa (Canarium strictum).

(xxi)  Poon or Surahonne (Calophyllum tomentosum)

(xxii) Velthapaini or Saldhupa (Veteriaindica).

Provided that he may appropriate dead and fallen trees of the said species except sandal without such permission.

Note.- This rule is applicable only to the existing leases.

 

Rule ? 140. Trees in Jamma Malais in Coorg District:-

 

No Jamma malai holder shall remove any timber therein to any place outside the area or dispose of the same except as is bona fide necessary for the purpose connected with cardamom cultivation. The Maliegars and other persons actually engaged in the cultivation and collection of cardamom in the Malai have a right to tap Bagani palam growing thereon for toddy for their own reasonable consumption within the limits of the Malais subject to the Excise Rules in force, but they are prohibited from selling either toddy or the right of tapping the toddy trees growing on the land.

 

Rule ? 141. Trees on lands assigned for cultivation before 1865 in Coorg District:-

 

Teak, Rosewood, Ebony and Poon trees, which have not been paid for and which stand on land assigned before 1865, shall not be cut, removed or sold by the holders without the written payment of the value of the trees. The conditions mentioned under Rule 137 shall apply to the removal of trees on these lands.

 

Rule ? 142. Miscellaneous Government lands in Coorg District:-

 

Nothing contained in these rules under this chapter shall apply to Devarakadus, Urudves, Mandus and Ambalas in which the timber rights are governed by rules framed under Chapter-IV.

 

Chapter - XVI. Transit of forest produce and Control of private Saw Pits, Saw Mills, etc.

 

Rule ? 143. Definition:-

 

In this Chapter, unless the context otherwise requires, ?Forest produce in transit? includes forest produce found in or on the margin of any public road, whether loaded in any conveyance or not, forest produce found or being conveyed in any river, tank, lake, pond, reservoir or sea and forest produce lying in railway yards ports or air-ports whether loaded or otherwise.

 

Rule ? 144. Transport or movement of forest produce:-

 

Save as provided in Rules 154 and 155 no person shall transport or move or attempt or abet the transport or movement of any forest produce [121][into, within or outside the State of Karnataka] except under and in accordance with a pass issued by a Forest Officer duly authorised in this behalf by or under these rules to issue such pass:

Provided that no pass shall be required for the removal of:-

(a)      except to a port, landing place or railway station-

(i)       any forest produce which is being removed for bona fide domestic consumption by any person in exercise of privileges granted in this behalf or of a right recognised under the Act, within the limits of the village in which it is produced,

(ii)      twigs, leaves, brushwood and grass intended solely for conversion into ash manure.

 

(iii)     Thorns, whether removed from any forest under a permit, or from any place other than a forest.

(b)      Firewood not exceeding 10 centimetres in diameter at the thickest part, grass or leaves, the property of one person or the joint property of two or more persons, which is conveyed in quantities not exceeding one head load once in 24 hours unless it be brought to a port, landing place or railway station or to any area to which the Government may from time to time declare by notification in the Official Gazette that this exemption shall not extend.

(c)      Forest produce in transit within a village, municipal or corporation limits removed for bona fide purposes.

(d)      Forest produce other than timber in transit removed on prepaid licences under the provisions in Chapter X,

(e)      Forest produce in transit covered by a way permit issued by persons authorised under sub-rule (1) of Rule 149,

(f)       Such forest produce as may be exempted by the Government from the operation of the rules in this Chapter by notification in the Official Gazette, or

(g)      Forest produce in any specified areas to be notified by the Government.

(h)     [122][Exemption:-

(i)       Coffee Stumps Obtained from Coffee plants.

(ii)      Timber and firewood Obtained from dadabs (Erythrina indica).)

[123][Provided further that no pass for removal or transport of [124][firewood] outside the State of Karnataka shall be issued without the previous sanction of-

(a)      the Government, where the quantity of 1[firewood] proposed to be removed or transported is more than one thousand tones.

 

(b)      the Chief Conservator of Forests, in other cases],

 

a[In exercise of the powers conferred by clause (f) of rule 144 of the Karnataka Forest Rules, 1969, and in super-session of Notifications No. AFD 70 FAD 68, dated 27.09.1969 and AHFF 267 FDP 91 dated 18.04.1992, the Government of Karnataka hereby exempt the following species from the operation of Chapter XVI of the said rules, in the State of Karnataka with immediate effect namely: (1) Eucalyptus species (2) Casuarina (3) Subabul (4) Rubber (5) Coconut (6) Arecanut (7) Orange.]

b[In exercise of the powers conferred by clause (f) of rule 144 of the Karnataka Forest Rules, 1969, the Government of Karnataka hereby exempt the following species from the operation of Chapter XVI of the said rules, in the State of Karnataka with immediate effect by amending the Notification No. FEE 15 FAF 98, dated 3rd January 2002, as follows.

 

In the Notification No. FEE 15 FAF 98, dated 3rd January 2002 after the serial number (7), the following shall be inserted at the end namely.

 

(8) ERYTHERINA

(9) GLYRECIDIA

(10) SESBANIA AND

(11) SILVER OAK]

 

Rule ? 145. [125][(A)] Pass for transport or removal of forest produce:-

 

(1)     Pass for transport or removal of forest produce(1) belonging to Government shall be transparent in colour and issued by Range Forest Officer or a subordinate office duly authorised by him.

 

(i)       in Form 25 if in respect of timber; and

 

(ii)      in Form 26 if in respect of other forest produce;

 

(2)     purchased from Government forest or depots shall be blue in colour and issued by a Forest Officer duly authorised in this behalf by the [126][Deputy Conservator of Forests] in Form 27;

(3)     from inam lands or private lands including coffee lands shall be yellow in colour in Form 28 and issued by

(i)       Range Forest Officer or such Foresters as may be authorised by him if the forest produce to be moved is not more than 5 cubic metres of timber or 30 cart-loads firewood, or 100 bags of charcoal or 1,000 bamboos.

(ii)      Deputy Conservator of Forests if the quantity exceeds the limit prescribed in (i) above;

(4)     from private market or from outside the State shall be green in colour in Form 29 issued by a Forest Officer not below the rank of Forester.

[127][(B) Application for a pass referred to in sub-rule (A) shall be accompanied by a fee of rupees five.

(C) No goods vehicle as defined in clause (8) of section 2 of the Motor Vehicles Act, 1939 (Central Act 4 of 1939) shall enter a reserved forest without a pass given by a Forest Officer duly authorised in this behalf and an application for such a pass shall be accompanied by a fee of rupees twenty five].

 

Rule ? 146. Applications for pass:-

 

(1)     (a) The application for pass in Form 28 shall be made in writing to the Range Forest Officer or [128][Deputy Conservator of Forests], as the case may be and shall contain the following particulars:-

 

(i)       The name of the village, survey number or other description of the Inam land, private land or coffee land from which the forest produce is to be removed.

(ii)      The right supported by documents under which the applicant is authorised so to remove.

(iii)     The approximate quantity of and description of the materials to be removed and the route by which and the place to which they are to be taken.

(iv)    The time within which the applicant desires to remove.

(2)     Where the private holding or the Inam land or coffee land abuts a reserved forest or a protected forest or a district forest, the applicant shall cut a demarcation line of one metre in which inside the private holding before applying for a pass and shall mention the fact in his application for the pass.

(3)     On receipt of the application, the Range Forest Officer or [129][Deputy Conservator of Forests], as the case may be, after such enquiry as he deems fit, if satisfied that the information furnished in the application is correct and the applicant is entitled for a pass, shall grant a pass. No order refusing the application shall be made unless the applicant is given an opportunity of being heard in the matter and reasons for the refusal are stated in writing in the Order.

(4)     If no orders are passed refusing or granting the pass asked for within six weeks of the receipt of the application and in all cases in which the 1[Deputy Conservator of Forests] or the Range Forest Officer refuses to grant the pass, the applicant shall have the right of an appeal within 90 days from the date of refusal to the Conservator of Forests whose orders shall be final.

 

Rule ? 147. Special provision for transport of timber:-

 

No timber other than teak and rosewood, exceeding 25 cm. in girth at the thickest part and 10 decimetres in length or teak and rosewood timber exceeding 15 cm in girth at the thickest part and 5 decimetres in length shall be transported or moved (i) unless it is P.T. stamped by the Range Forest Officer on payment in advance of such fee as may be prescribed by the State Government from time to time and (ii) unless it is covered by a transit pass in Form 28 issued by a Forest Officer or a way-permit in Form 31 issued by the owner of the timber authorised in this behalf, in cases of timber covered by way-permit in Form 31 every log of timber or every piece of sawn material shall be affixed or impressed at both the end faces with the property mark of the owner of the timber who issued the way-permit, provided no such property mark shall be required in case of sawn timber cross section of which is less than fifteen square centimetres.

 

Rule ? 148. Transport pass:-

 

(1)     No forest pass shall cover more than one , irrespective of the mode of conveyance, provided that the [130][Deputy Conservator of Forests] may permit one pass to cover head loads or animal-loads not exceeding twenty, and cart loads not exceeding five, if the destination is not more than 25 kilometres from the starting point and all loads are taken at one and the same time.

 

(2)     The pass shall be in the possession of the person in charge of the produce in transit.

 

(3)     Every pass issued under the rules in this Chapter shall be valid only during the period (4)Mentioned therein and shall bear the seal of the officer issuing the pass.

 

(4)     If due to unavoidable circumstances, such as breakdown of the vehicle obstruction enroute and such other causes as may hamper the conveyance of the produce within the prescribed time limit, the pass-holder shall not, after the expiry of the period mentioned in the pass proceed with the produce without getting it renewed from the nearest Ranger in case of Sandalwood. In case of refusal to renew the pass by the Forester or the Ranger, as the case may be, an appeal shall like to the next higher authority within a week from the date of such refusal and their decision thereon shall be final.

 

Rule ? 149. Authorisation to issue way-permit.

 

(1)     The owner of any forest produce or his agent may be authorised for a specified period not exceeding a year, in writing in From 30 by any Forest Officer not below the rank of a [131][Deputy Conservator of Forests], to issue way-permits in Form 31 on his registering his property mark under Rule 153. Any authorisation so granted may be renewed or at any time be cancelled by the Officer granting it.

 

(2)     An application for such authorisation shall be in From 32, and shall be accompanied by 4 specimen signatures of the person to be authorised to issue way permits and a Treasury receipt (challan) for rupees Five, being the fee for the issue of authorisation or its renewal. In the case of firms and companies, specimen signatures of the person to be authorised to issue way-permits shall be furnished along with the necessary powers of attorney issued by such concerns.

 

(3)     The Forest Officer receiving the applications may refuse to issue or renew the authorisation to any person after giving the applicant an opportunity of being heard in the matter and he shall record his reasons for such refusal. In case of refusal, the fee paid shall be refunded.

(4)     When any person or his agent is authorised to issue way-permits, the officer so authorising shall supply such person, from time to time, with authenticated books of blank way-permit forms not exceeding one hundred at a time.

 

(5)     No person, so authorised, shall issue way-permits otherwise than in accordance with the conditions of the authorisation.

 

(6)     The counterfoils of all used way-permits together with unused forms of way-permits, not required for use, shall be returned to the officer issuing the forms and no fresh forms shall be supplied until the counterfoils of all way-permits issued are returned.

(7)     Any person or his agent who has been authorised to issue way-permits shall be bounds, if called upon by any Forest Officer, to produce for inspection, or to surrender the counterfoils of all way-permits and way-permit forms unused.

 

(8)     In the event of any authority given under sub-rule (1) being cancelled or the period specified therein having expired the person whose authority is so cancelled, or the person, the period of whose authority has expired, shall forthwith return to the officer who gave the authority, every un used book of way-permits or portions of any such book in his possession, together with the counterfoils of used forms, if any, which he has not already returned. Such person shall not however be entitled for any refund of value of the unused books, or part of books, so returned. All the unused forms shall be collected in the [132][Deputy Conservator of Forests] immediately and cancelled in the presence of the [133][Deputy Conservator of Forests], a note being made in the register maintained for the issue of way-permits.

 

(9)     No way-permit issued by any person authorised under sub-rule (1) shall be valid,-

 

(a)      if such way-permit is not prepared on a blank form supplied for this purpose under sub-rule(4),or

(b)      if the same is issued after receipt by such person of an order cancelling the authority to issue such way-permit, or

(c)      if the same is issued by such person after the expiry of the period specified in the authority given or otherwise than in accordance with the conditions of the authorisation.

(10)   The officer granting authorisation to issue way-permits shall maintain a register in Form 33 of all authorisations issued by him.

(11)   The Forest Officer supplying the way-permit forms shall maintain a register in Form 34 of all way-permits supplied by him and the unused way-permits returned.

(12)   Persons authorised to issue way-permits shall maintain an account of way-permits forms received by them, way-permit forms issued by the, and the unused forms surrendered, together with the daily transactions of timber and other forest produce in a register in Form 35 and render the accounts to the [134][Deputy Conservator of Forests] every month.

 

Rule ? 150. Import of forest produce.-

 

(1)     Save as provided in Rule 156 no forest produce shall be brought into the State otherwise than by sea except under and in accordance with a pass or permit issued by the State from which it is brought (hereinafter referred to as ?Import pass? in this chapter ) in the case of timber exceeding the dimensions mentioned in rule 147 without a property mark approved by such State (hereinafter referred to as ?Import property mark? in this chapter ) and registered under Rule 153.

(2)     No forest produce shall be brought into the State by road or water except through routes notified for the purpose.

 

Rule ? 151. Import pass and import property marks:-

 

(1)     [135][Every import pass shall be in the form prescribed by the State from which it is sought to bring forest produce gthere-under and every import property mark shall be of the description registered in the office of the District Forest Officer of the Division into which it jis sought to bring the said forest produce.]

 

(2)     Every import pass shall bear the office stamp of the officer issuing the same.

 

(3)     The [136][Deputy Conservator of Forests] registering such import property mark shall intimate the [137][Deputy Conservator of Forests] through whose Divisions the produce is transported before it reaches the destination along with a copy of the certificate in [138][(Form No. 36].

Rule ? 152. Transport of imported forest produce after entry into the State.

 

(1)     No forest produce brought into the State by road or water shall be conveyed within the limits of the State bgeyond the first check jpost after its entry into the State without a pass in Form 29 issued under Rule 145 after the surrender of the import pass and on production of the certificate of registration of import property mark issued under Rule 153.

 

(2)     No timber exceeding the dimensions mentioned in Rule 147, imported as aforesaid. Shall be moved beyond such first check post, without first having it stamped by a Government transit mark of such descriptions may be prescribed by the Chief Conservator of Forests.

 

(3)     No forest produce brought into the State by sea or rail shall be moved or transported from the place to which it is booked without a pass in Form 29 issued under Rule 145 after surrendering the import pass. If be timber exceeding the dimension mentioned in Rule 147 it shall not be removed from such place without having it stamped by a Government transit mark by the Range Forest Officer or any other officer authorised by him.

 

[139][Provided that nothing in this rule shall apply to the following species of wood, namely:

i)         Eucalyptus species

ii)        Casuarina

iii)      Subabul

iv)      Rubber

v)        Coconut Tree

vi)      Acreacanut Tree

vii)     Orange tree

viii)    Erythrina India

ix)      ?coffee stumps]

 

Rule ? 153. Registration of property marks.-

 

(1)     Application for registration or renewal of property mark including import property mark in respect of timber or other forest produce except sandalwood shall be made to the [140][Deputy Conservator of Forests] furnishing full information regarding the locality where the produce is stocked, kind and quantity of produce in respect of which the registration of property marks is sought and as to how it was obtained and such other details as may be required by [141][Deputy Conservator of Forests], accompanied by 8 facsimiles of the property mark and a fee of [142][rupees one hundred]. The [143][Deputy Conservator of Forests] may, after such enquiry as he deems necessary, it satisfied about the bona fide of the produce, register such mark in his office and issue a certificate in Form 36. He shall also maintain are register in Form 37 of all property marks registered. Every such registration shall hold good for the property specified therein and for the period specified or up to the end of 31st March following such registration, whichever is earlier:

 

Provided, that no such fee shall be charged for the registration of property mark of other State Governments and such registrations shall hold good till they are modified, cancelled or replaced by new marks.

(2)     The [144][Deputy Conservator of Forests] may, for reasons to be recorded in writing. Refuse or defer the registration of property mark and may cancel or suspend any property mark already registered after giving an opportunity of being heard in the matter to the person affected.

(3)     The [145][Deputy Conservator of Forests] may, if the circumstances warrant, register more than one property mark to be used by the same person; provided the property marks are in respect of the produce of different forests or places.

(4)     Every person, who has registered his or her property mark shall maintain proper and clear accounts of the transactions of the forest produce, showing particulars as to how and wherefrom the produce was obtained, the kind and quantity of the produce removed and the passes under which such removals were effected. Such accounts shall be open for inspection by any Forest Officer and any refusal to produce the accounts, the maintenance of incorrect accounts, or the non-maintenance of the accounts shall entail cancellation of the property mark so registered.

 

Rule ? 154. Transport of sandalwood.

 

(1)     No person shall transport sandalwood into, within or outside the State of Karnataka except under and in accordance with a pass issued under Rule 155:

Provided that no such pass shall be required for the movement of sandalwood not Exceeding [146][4kg.] in weight carried by persons for their bona fide personal use.

(2)     Every pass issued under these rules shall be valid only during the period mentioned therein and shall bear the seal of the officer issuing the same.

Rule ? 155. Passes for transport of sandalwood.-

 

(1)     [147][Pass for removal of sandalwood either belonging to the State Government or to the owner to the Government Sandalwood Depots shall be in Form 38 and pass for transport of sandalwood belonging to the owner shall be in Form 38A issued by the Range Forest Officer or a sub-ordinate officer not lower in rank than that of a Forester duly authorised by him. The original shall be handed over to the Forest Guard escorting the Sandalwood to the depot, after obtaining his acknowledgement on the back of the duplicate. When the sandalwood reaches the depot, the original shall be handed over to the officer in-charge of the depot.

 

(2)     The cut ends of each piece of sandalwood belonging to the State Government shall be marked with the State Government property mark and the number of the tree as well as the number of the root, stem or branch with its distinguishing letter, if any shall be written on each and every piece of sandalwood in transit to the depot. Every piece of sandalwood shall in addition to Government transit mark at both end surfaces, bear distinguishing letters and numbers to indicate the name of the village and the survey number of the land from which it is extracted and the number of pieces obtained from those trees, classified under root tree, stem, branches and root obtained during felling and rough conversion, shall be shown in the pass together with their dimensions. The chips and sawdust if any, obtained during felling and conversion shall be sent in sealed gunny bags bearing Government transit mark. In case of sandalwood belonging to the owner, similar procedure as above shall be adopted except that instead of Government property mark, a ?P? with chisel hammer indicating that the sandalwood belongs to the owner may be affixed by the official issuing the transit pass.

 

(3)     Pass for removal of sandalwood by consumers and purchasers from Government Sandalwood Depots shall be in Form 39 and issued by the Officer in-charge of the depot. The original shall be given to the person transporting the material and the duplicate forwarded to the concerned Deputy Conservator of Forests. The triplicate shall serve as counterfoil in the issuing office. The sandalwood so transported shall bear a Government Hammer mark, as may be prescribed by the Chief Conservator of Forests, at both ends:

 

Provided that no such marking shall be required for the removal of sandalwood chips and dust]

(4)     Pass for removal of sandalwood from private market or depots shall be in Form 40, [148][***] issued by a Forest Officer not below the rank of a Range Forest Officer, the original being handed over to the person transporting sandalwood, the duplicate forwarded to the concerned [149][Deputy Conservator of Forests] and the triplicate retained as counterfoil by the officer issuing the pass. Such sandalwood shall bear the registered property mark of the licensed dealer in addition to the prescribed Government hammer mark.

(5)     Pass for transport of sandalwood into or outside the State [150][***] in Form 41 and issued by the Conservator of Forests of the Circle into which or from which the sandalwood is sought to be imported or exported, or by the Chief Conservator of Forests. The original shall be handed over to the person transporting the sandalwood, the duplicate forwarded to the [151][Deputy Conservator of Forests] of the Division into which or from which the sandalwood shall bear the registered property mark of the person transporting in addition to the prescribed to the prescribed Government hammer mark, if any.

(6)     No pass shall authorise transport of more than one load, whatever be the mode of conveyance, provided the Chief Conservator of Forests or the Conservator of Forests, or the [152][Deputy Conservator of Forests], as the case may be, may, whenever it is found necessary, order that one pass may cover more than one load.

(7)     The pass shall be in the possession of the person in charge of the sandalwood in transit.

(8)     Every pass shall be produce for examination when demanded by any Revenue, Police or Forest Officer.

 

[153]Rule ? 156. Transport of sandalwood into or outside the State.-

 

(1)     Application for issue of pass for the transport of sandalwood into or outside the State shall be made either to the concerned Conservator of Forests or to the Chief Conservator of Forests furnishing particulars regarding the locality, kind and quantity of sandalwood meant to be imported or exported, destination, routes and such other details as the above named officer may require. The certificate of registration of property mark obtained in this behalf shall also be enclosed with the application.

(2)     After giving an opportunity of being heard in the matter to the applicant, it will be open to the Chief Conservator of Forests or the Conservator of Forests, as the case may be, to refuse the issue of such pass for reasons to be recorded in writing, a copy of which shall be furnished to the application. An appeal against the order of the Conservator of Forests shall lie to the Chief Conservator of Forests whose orders shall be final.

(3)     The Chief Conservator of Forests or the Conservator of Forests who issues a pass for transport of sandalwood into or outside the State shall intimate the other Conservator of Forests and the Divisional Forests Officers through whose jurisdiction, within the State, the sandalwood is to be transported before it has to reach its destination along with a copy of the certificate in Form 36.

(4)     No sandalwood shall be transported into the State by road or water beyond the first checkpost after its entry into the State without first having it stamped by a Government transit mark of such description as may be prescribed by the Chief Conservator of Forests.

(5)     No sandalwood imported from outside the State, by rail, shall be moved from the railway station at which it has reached by rail, without first having it subjected to check by the local Range Forest Officer or any other Officer authorised for the purpose and without having it stamped by a Government transit mark of such description as may be prescribed by the Chief Conservator of Forests.

 

Rule ? 157. Registration of property mark relating to sandalwood.-

 

(1)     Application for the registration or renewal of property mark shall be made to the concerned Conservator of Forests furnishing full particulars of the quantity of sandalwood in respect of which registration of property mark is sought, the place where it is stacked and as to how it was obtained and such other details as may be required by the Conservator, accompanied with 4 facsimiles of the property mark and a fee of [154][Rs.100]. If the Conservator of Forests, after such enquiry as he deems necessary, is satisfied about the bona fides of the sandalwood, he may register such property mark and issue a certificate in Form 36. He shall also maintain a register in Form 37 of all property marks so registered. Every such registration shall hold good up to end of the 31st March following, unless otherwise stated in respect of the description and quantity of sandalwood mentioned in the certificate issued:

 

Provided, that no such fee shall be charged for the registration of property marks of other State Governments which registration shall hold good till they are modified, cancelled or replaced by new marks.

 

(2)     The Conservator of Forests may, for reasons to be recorded in writing, refuse or defer the registration of any property mark and may cancel or suspend any property marks already registered, after giving an opportunity of being heard in the matter to the person affected by it.

 

(3)     Every person who has registered his or her property marks shall maintain a proper and clear account of the transaction of the sandalwood, showing details regarding the place from which it was obtained, the kinds and quantities of sandalwood removed and the corresponding passes under which such removals were effected, Such accounts shall be open for inspection by any Forests Officer and any refusal to produce the accounts or the non-maintenance of the accounts or the maintenance of incorrect accounts shall entail cancellation of the property mark so registered.

Rule ? 158. Establishment of check-posts.-

 

The State Government may by notification direct the establishment of check ?post or erection of barriers or both at such place or places as it thinks fit with a view to prevent or check the commission of forest offence in respect of forest produce, and

 

(a)      for examination of forest produce, prior to issuing of a pass in respect there of under these rules; or

 

(b)      for production or examination of passes and way-permits issued under these rules; or

 

(c)      for stoppage, reporting and examination of any person, animal, vehicle or vessel; or

(d)      in order that any mark required under these rules to be affixed to forest produce may be so affixed; or

 

(e)      for determining the amount of money, if any, payable on account thereof to the Government and for the payment of any money, so found to be due.

 

Rule ? 159. Checking of the forest produce.-

 

(1)     The owner or the person in charge of the forest produce in transit shall always accompany the produce when it moves on land or water, and it shall be his responsibility to stop and subject such produce for check at all notified check-posts or barriers on the prescribed route and get the pass or way permit endorsed by the officer in charge of the check-posts or barriers.

?????????

(2)     The Forest Officer in charge of the check-posts or barrier shall, after satisfied himself that the forest produce is of the kind stated in the pass or way-permit and is not in excess of the quantity specified therein and is being transported within the period and along the route mentioned in the pass or way-permit and about the bona fides of the produce, return such pass or way-permit duly endorsed with the words ?Checked? and ?Passed?, with necessary entry as to the kind and quantity so checked under his signature, date and time. If the officer-in-charge of the check ?post or barrier is not satisfied about the particulars stated above, he shall detain the forest produce and the pass or way permit and report the case to the concerned Range Forest Officer or to the nearest Police Station for taking further action, stating clearly his reasons for the action taken. The person in-charge of the forest produce shall not proceed with it without the permission of the officer in ?charge of the check-post or barrier.

(3)     No timber exceeding the dimensions mentioned in Rule 170 and no sandalwood shall be moved past a check-post without having it stamped thereat by a Government transit mark of such description as may be prescribed by the Chief Conservator of Forests.

 

Rule ? 160. Stoppage in transit.-

 

(1)     Any forest produce in transit may be stopped and examined at any place by any Forest, Police or Revenue Officer if such officer has sufficient reasons to believe,-

 

(i)    that any money due to the Government in respect thereof has not been paid, or

(ii)      that any forest offence has been or is being committed in respect thereof, or

(iii)     it is desirable to affix a mark on it for the purposes of the Act or rules.

 

(2)     Such officer may required the person incharge of the forest produce in transit to stop the conveyance and detain it as long as necessary, to examine the produce and to inspect all records relating to it:

 

Provided always, that no such officer shall vexatiously or unnecessarily delay the transit of any forest produce which is lawfully in transit, or unload, or cause the same to be unloaded, for the purpose of examination.

(3)     The person in-charge of such forest produce shall not move the forest produce and keep it stationary as long as it is required by the officer checking the produce mentioned in sub-rule (1) supra and furnish to any such officer all the information which he is able to give regarding the same and allow examination of the goods and inspection of all the records connected with the goods and shall not in any way prevent or resist the stoppage or examination of the said forest produce or records by such officer.

 

Rule ? 161. Obstruction of rivers.-

 

(1)     No person shall close or in any manner obstruct any river or channel used for the transport of forest produce.

(2)     Any Forest Officer not below the rank of a Range Forest Officer may take such measures, as he deems necessary, for the prevention or removal of any such closure or obstruction and the cost of such prevention or removal shall be recovered from the person responsible for the closure or obstruction.

Rule ? 162. Transport of forest produce by sea or rail.-

No forest produce shall be booked for transport by rail or sea unless the same is covered by a valid pass or way-permit. The booking authority shall affix his seal and note the number and date of the railway receipt or shipping bill, as the case may, be on the pass or way-permit and cancel it. The booking authority shall also note the number and date of the pass or way-permit in the railway receipt or shipping bill as the case may be and shall report to the nearest Police or Forest authorities about forest produce not covered by a valid pass or way-permit and brought for booking.

 

Rule ? 163. Control of private saw pits, saw mills or any other sawing contrivances.-

 

(1)     [155][No saw pit or any other hand-sawing contrivance for cutting or converting timber shall be established within the limits of any reserved forest, protected forest or district forest or within 2 kilometers of such limits or within the areas specified below, without obtaining a licence from the concerned Range Forest Officer.-

(i)       Shimoga District.

(ii)      Chickmagalur District

(iii)     Coorg District.

(iv)    South Kanara District.

(v)      North Kanara District.

(vi)    Hassan District excluding Channarayapatna and Holenarasipura Taluks.

(vii)   Khanapura Taluk of Belgaum District.

(viii)  Kalghatgi,Hangal,Shiggaon and Dharwar Taluks of Dharwar District.

(ix)    Sandur and Kudligi Taluks of Bellary District.

(x)      Chincholi Taluk of Gulbarga District.

(2)     No person shall establish a saw mill or any other sawing contrivance other than those specified in sub-rule (1) for cutting or converting timber, anywhere in the State without obtaining a licence from the concerned [156][Deputy Conservator of Forests].

(2A) No owner or proprietor of a saw mill or a saw pit or any other sawing contrivance existing on the date of commencement of the Karnataka Forest (Amendment) Act, 1974 shall run or use such mill, pit or contrivance for the purpose of cutting or sawing any tree or timber thereof after the expiry of three months from the date of commencement of the said Act without obtaining a licence from the concerned [157][Deputy Conservator of Forests].

 

(3)     Application for grant or renewal of licence shall be made to the concerned Forest Officers in such form as the Chief Conservator of Forests in Karnataka may, by notification in the Officer Gazette, prescribe.

(4)     [158][(Fees for the grant or renewal of a licence under sub-sections(1), (2) or (2A) for each official year or part thereof shall be as follows:-

(a)      Ten rupees for each saw pit or hand sawing contrivance.

(b)      [159][A saw mill or any contrivance, other than those specified in clause (a), the licence fee for grant of licence or renewal of licence shall be as specified below:-

(i)	One or more vertical saw only	Rs.500/- per year
(ii)	In addition, one or more horizontal saws	Rs.750/- per year
(iii)	In addition, one or more Cross cut saws	Rs.1000/- per year

?????????

(5)     The Forest Officer receiving the application may, if he is, satisfied after making such inquiry as he deems necessary, that there is no objection to grant the licence, having regard to the safeguarding of the timber in any reserved forests, protected forest or district forests, grant a licence in Form No. 42 subject to the provisions of the Act and these rules and to any other reasonable restrictions or conditions which he may specify in the licence. Separate licences shall be issued for works to be carried out in different places.

(6)     Such Forest Officer may, after giving the applicant an opportunity of being heard, for reasons to be recorded in writing reject any application for grant or renewal of a licence. Whereupon the applicant, unless he appeals against the orders of rejection under sub-rule (10), shall be entitled to a refund of the fee remitted by him under sub-rule (4).

(7)     If the officer issuing the licence is satisfied that the original licence issued to a licensee is lost, destroyed or otherwise rendered useless, he may, on payment of a fee of Rs.2, issue a duplicate of the licence originally issued.

(8)     The officer issuing the licence may, at any time, for reasons to be recorded in writing, cancel or suspend any licence; Provided, no such rejection shall be made before giving the applicant an opportunity of [160][making representation] in the matter.

(9)     Copy of every order under sub-rule (6) or under sub-rule(8) shall be granted to the applicant or licensee, as the case may be, by the Forest Officer passing such order.

 

(10)   Any person aggrieved by an order under sub-rule (6) or (8) may, within three months of the receipt of the copy of the order under sub-rule (9), present an appeal thereupon in writing to the [161][Deputy Conservator of Forests], if the order is in respect of a licence under sub-rule (1) and to the Conservator of Forests, if the order is in respect of a licence under sub-rule (2) and their decisions shall be final. Appeal applications received after the specified period shall be summarily rejected.

 

Rule ? 164. Duties of the licensee.-.

 

(1)     No licensee shall undertake sawing of timber belonging to other person on job-work, unless he is satisfied about the bona fides of such timber by examining the connected pass or way-permit and the marks on the timber. If the suspects the bona fides of the timber, he shall detain the timber and immediately report the fact to the nearest Forest or Police Officer for taking further action,

 

(2)     The licensee shall stock the timber of other persons received by him for sawing on job-work separately, both before and after it is sawn.

 

(3)     Every licensee shall maintain registers in Forms 43 and 44 and produce the same for check when demanded by any Forest Officer not below the rank of a Forester.

 

[162][Rule ? 164A. Establishment of Wood Distillation Plant or Charcoal Kilns etc.-

 

(1)     No person-

 

Shall establish a wood distillation plant or charcoal kiln for manufacture of wood oil activated carbon, and other by-products of charcoal any where in the State without obtaining a licence from the [163][Deputy Conservator of Forests].

who has already established a wood distillation plant or charcoal kiln shall continue to run or use such distillation plant or kiln for the purpose of the manufacture of the said products after the expiry of three months from the date of commencement of these Rules without obtaining a licence from the [164][Deputy Conservator of Forests].

 

(2)     Application for the grant or renewal of licence shall be made to the concerned [165][Deputy Conservator of Forests] in such form as the Chief Conservator of Forests in Karnataka may by notification in the Official Gazette prescribe.

(3)     Fees for the grant or renewal of licence for each financial year or part thereof shall be as follows:-

 

(a)      rupees 200 only for each wood distillation plant;

(b)      rupees 10 only for each charcoal kiln.

(4)     A person who has obtained a licence under this rule shall maintain proper accounts of wood or charcoal received for processing and the quantity of charcoal and other by- products produced by him and such accounts shall be produced for inspection on demand by a Forest Officer not below the rank of a Range Forest Officer.]

 

[166][Rule ? 164B] [167][Appeal under section 64A.-

 

An appeal under sub-section (3) of section 64A shall be field within one month from the date of order under sub-section (1) thereof].

 

Rule ? 165. Penalty.-

 

Whoever contravenes the provisions of rule, 144, clause (b) of sub-rule (1) and ?rule (4) of Rule 147 and 148 sub-rules (5) ,(7),(8), (9) and, (12)of Rule 149, Rule 150 sub-rules (1) and (2) of Rule 151, Rule 152 sub-rule (h) of Rule 153, Rule 154 sub-rules (3) ,(4),(5), (6),(7), and (8) of Rule 155 sub-rules (4) and (5)of Rule 156, sub-rule (3) of Rule 157, sub-rule (1), (2) and (3) of Rule 159, Rules 160, 161, and 162, sub-rules, (1) (2), (4), and (5) 3[of Rule 163, Rules 164 and 164 A,] shall, on conviction, be punishable with imprisonment for a term which may extend to six months or to a fine which may extend to five hundred rupees or with both; and where the contravention is committed after sun-set or before sun-rise, or after preparation for resistance to lawful authority or where the offender has been previously convicted for a like offence with imprisonment which may extend to one year or to a fine which may extend to one thousand rupees or with both.

 

 

KARNATAKA FOREST DEPARTMENT

(Karnataka Forest Rules, 1969) FORM 1 (Rule 10)

 

Register of claims to lands, rights to forest produce or casements in the proposed reserved forest,

 

 

KARNATAKA FOREST DEPARTMENT

(Karnataka Forest Rules, 1969) FORM 2 (Rule 16 )

 

Statement of lands taken up for the ?????????proposed reserved forest in the district.

 

 

 

(Karnataka Forest Rules, 1969)

FORM 3 (RULES 16 AND 19)

FOREST REGISTER

 

Village????????????.
Taluk???????????????..District????????????..

 

	Area under Forest
Survey number	Plot number	Village forests	Protected forests	Reserved forests	Rights admitted by the Forest Settlement Officer	No. and date of Government Notification declaring the land as Forest	Remarks
1	2	3	4	5	6	7	8

 

 

ORIGINAL

KARNATAKA FOREST DEPARTMENT (Karnataka Forest Rules, 1969)

FORM 4 [Rule 36(5)]

Free licence for the removal of Date leaves and Date wood

 

Licence No???????????.????????????????????????

 

dated?????????????

 

(1)     Name and address of the Licence????? ........................................

 

(2)     Professional of the Licence????? ........................................

 

(3)     For what purpose Date leaves or date wood required .....................................

 

(4)     Quantity ........................................

 

(5)     Locality from which the produce is to be cut and removed.........................................

 

(6)     Time allowed??? ........................................

 

(7)     Place of destination????? ........................................

 

(8)     Route??? ........................................

 

Range Forest Officer,

?????????Range.

 

CONDITIONS

 

(1)     The licence is not transferable.

(2)     The licence must be shown on demand by any Forest, Police, Revenue, Excise or Village Officers.

 

(3)     The licensee shall not cause any undue wastage in collection of produce.

 

(4)     No Date leaves shall be cut from young immature trees. Only two leaves from each tree shall be removed in any one year. The central shoot including the 4 tender leaves shall on no account be removed. No leaves should be removed from any tree from which today is being drawn, nor from trees set apart for toddy vend farmers.

 

(5)     The licensee shall observe all the conditions stated in the licence as to the kind, quantity the locality from which and the period within which and the route by which the produce is to be removed.

 

(6)     Any breach of the above conditions will render the licensee liable to cancellation of this licence and to the punishment provided by law.

 

(Conditions to be Printed on the back of the Duplicate i.e., on the right half only)