SIKKIM PRIVATE AND OTHER NON-FOREST LANDS TREE FELLING RULES, 2001

PREAMBLE

In exercise of the of the powers conferred by clause (c) of sub-section (2), Of section 83 of the Sikkim Forests, Water Courses; and Road Reserve (Preservation and Protection) Act, 1988 (6 of 1988), the State Government hereby makes the following rules, namely:-

Rule - 1. Short title, Extend and commencement.

(1)     These rules may be called the Sikkim Private and Other Non-Forest Lands Tree Felling Rules, 2001.

(2)     They shall extend to the whole of Sikkim.

(3)     They shall come into force with immediate effect.

Rule - 2. Definition.

In these rules, unless the context-otherwise requires:-

(a)      "breast height" means the height of a tree at 1.37 metres from its base.

(b)      'bustiwalla rate" means the concessional rate of royalty leviable from villagers as notified in the schedule of rates of the Government.

(c)      "commercial" means for sale to any individual, association, group business establishment, hotel or agency of Government or otherwise;

(d)      "Divisional Forest Officer" means an officer. Of that. Designation within whose territorial jurisdiction the private land falls;

(e)      "ecological value" means necessary for the existence of other forms of plant or animal life;

(f)       "girth" means the circumference of the tree trunk or stem taken horizontally;

(g)      "Government" means the state of Sikkim;

(h)     'Jhora means a gully which may or may not have running water;

(i)       "marking order," means an order for making a hammer impression at the base of the tree approved to be felled by authority;

(j)       "non-forest land' includes all lands not being private lands whether Government or otherwise and not recorded as forests in record of rights of the Government as per the cadastral survey of 1952;

(k)      "non-commercial" means for use other than commercial;

(l)       "private land", includes any land not recorded as forests and standing In the name of any person or persons in record of rights of the Government as per the cadastral survey of 1952;

(m)    "Range Office means an officer of that designation within, whose territorial jurisdiction the private land falls;

(n)     "Species" means type of tree;

(o)      tree, means a plant mentioned in the schedule of rates of the Government.;

Rule - 3. Trees not to be felled.

No permission to fell a tree on any private or other non-forest land shall be granted except as hereinafter provided.

Rule - 4. Persons to apply for tree felling.

Any person, hereinafter called the applicant, who wishes to fell a tree or trees in his private or other non-forest land shall apply to the Range Officer, in Form 1.

Provided that not more than one application in Form 1 shall be made for a continuous plot of land in a year.

Rule - 5. Range Officer to examine the tree.

The Range Officer shall, either directly, or through his next, subordinate officer verify the tree that is sought to be felled.

Rule - 6. Conditions for felling tree.

The trees in private or other non-forest land shall be felled ':

only if the following conditions are fulfilled, namely:-

(a)      The tree should not be less than 5 feet girth at breast height for species belonging to Classes B to E in the schedule of rates of the Government, and not less than 7 feet girth at breast height for species belonging to the other classes; '" unless an approved management plan provides for felling of; trees below this girth.

(b)      The tree to be removed should not constitute more than 33% I of the tree above 5 feet girth standing within one continuous patch of the private land unless an approved management plan provides for felling of trees in excess of this percentage.

(c)      The tree should not be standing within 20 feet from the edge of a gully, stream bank or edge of a precipitous slope.

(d)      The tree should not be standing on a landslide, landslip, eroded surface, bank of a jhora or a stabilized landslide falling within private land or other non forest land.

(e)      The tree should not be standing on a general slope of more than 70 degrees to the horizontal.

(f)       The tree should not belong to a category of species reserved by the Government under provisions of any forest laws or producing good seeds as determined by forest officers.

(g)      The tree should not have high ecological value such as a rare growth of epiphytes. Provided that the Government may pay such compensation as it deems adequate to reserve any such tree that in Its opinion needs to be preserved on acc-out of its ecological value.

(h)     The private land must be recorded as being under private ownership in the Government cadastral survey record of rights of 1952.

Provided that conditions (a) to (g) shall not apply to dead trees which maybe allowed to be felled without restriction.

Rule - 7. Action to be taken by Range Officer.

If the Range Officer is satisfied that all the conditions mentioned in rule 6 are fulfilled he shall,

(i)       Issue a marking order in the form prescribed in the Sikkim Transit of Timber and Other Forest Produce Rules, 1999 ' if not more than one tree has been applied for and if it is for non-commercial purposes duly forwarding a copy to the Divisional Forest Officer, or

(ii)      Forward the application inform 1 with his comments to the Divisional Forest Officer through the Assistant Conservation. I of Forests if the number of trees applied for is more than one or for commercial purpose.

Provided that the Range Officer may issue a marking order with FOR FIREWOOD ONLY' written on it for any tree that is knotted, crooked and unfit for timber if it is to be used for firewood in a village by relaxing the conditions of rule 6 or any number of trees for firewood for cardamom drying if conditions of rule 6 are fulfilled for all of them.

Rule - 8. Action to be taken by Divisional Officer.

When the application is forwarded to the Divisional Forest under clause (ii) of rule 7, he may, if he is satisfied, Forest Officer that all the conditions of rule 6 are fulfilled,

(i)       Issue a marking order In the form prescribed in the Sikkim. Transit of Timber and other Forest Produce Rules. 1999 if not more than two trees have been applied for, or

(ii)      Forward the application in Form with his comments to the Principal Chief Conservator of Forests through his superior officers if the number applied for is more than two.

Provided that if more than five trees are sought to be re-moved and the Divisional Forest Officer gets a report from the Railage Officer stating that all the conditions of rule 6 have been fulfilled, he shall personally visit the site before forwarding his comments in Form 1.

Rule - 9. Action of the Government.

When the application is forwarded to the Principal Conservator of Forests under clause (ii) 0f rule 8; he may.

(i)       after due consideration of the Proposal for removal of the trees, approve it and direct the Divisional Forest Officer I, issue a marking order, or

(ii)      reject the proposal if it is fell that the conditions mentioned in rule 6 are not fully complied with.

Rule - 10. Range officer to mark trees.

After a marking order is issued to the applicant, the range, Officer shall mark the tree or trees and authorize their felling and only such inspection fee shall be charged as may be fixed by the Government by notification.

Rule - 11. Applicant to attach a management plan.

If the applicant wishes to fell more than two trees from his private land he shall attach with Form 1 a management plan ' stating how he plans to use the land where he intends to fell the trees, in the coming ten years. '

Rule - 12. Compensation to be charged for deviation from plan.

If the applicant deviates from the management plan stated by him under rule 11, he shall be liable to pay a compensation of five times the market value of the trees that were: felled after Government approval, as determined by the Divisional Forest Officer.

Rule - 13. Applicant to plant saplings.

The applicant shall, when a marking order is granted to him on his application, under the aforesaid rules, for every tree felled, plant ten saplings of trees in his private land, In the ensuing monsoon.

Rule - 14. Number of saplings with species to be registered.

The number of saplings planted with species shall be Registered by the Range Officer who shall forward a list of all such applicants with the number and species planted by each at the Officer.

Rule - 15. Divisional Forest Officer to tally Names.

The Divisional Forest Officer shall tally the names in the list supplied to him under rule 14 with the record of marking orders issued in Private and other non-forest lands.

Rule - 16. Officers to inspect saplings.

The Range Officers shall inspect 50% of the Private and other non-forest lands where saplings have been planted by applicants and the Divisional Forest Officer 25% each year for five years and a penalty imposed if the saplings are found to have suffered mortality: the compensation shall be decide by the Divisional Forest Officer.

Rule - 17. Procedure for felling of tree for construction.

When an applicant wishes to remove a tree or trees within private land to make way for construction, he shall apply for the same to the Range officer in Form 1. The Range Officer shall after inspecting the tree or trees forward the application to the Divisional Forest officer who shall obtain the approval of the Principal Chief Conservator of Forests through his, superior officers and then issue a marking order for felling the tree or trees on payment by the applicant of a compensation equivalent to two times of the bustiwalla rate of the timber volume contained in tree or trees and the provisions of the rules 13 to 16 shall apply in relation to such application as they apply in relation to an application disposed off under rules 7, 8 or 9.

Rule - 18. Assessment of tress posing threat.

A tree may be assessed to pose a threat to lives or property if its girth is more that 3 feet at breast height and it is likely to damage lives and property if it falls provided it fulfills one or more of the following conditions, namely:-

(i)       When at least 50% of its roots are exposed due to soil erosion,

(ii)      When the lean of the tree is less than 60% to a horizontal plane passing through its base,

(iii)     When the tree stands on soil, which is under mass movement,

(iv)    When the tree is decayed, dead or dying at the base.

Rule - 19. Procedure for felling of trees posing threat.

When an applicant whishes to remove a tree within private or other non-forest land that is assessed as provided for in rule 18 he shall apply for the same to the Range Officer in Form 1. The Range officer shall, after inspecting the tree, forward ...the application to the Divisional Forest Officer if the conditions mentioned in rule 18 are met within, who shall if he is satisfied with the report, issue a marking order for felling the tree and the provisions of the rule 13 to 16 shall apply in relation to such application, as they apply in relation to an application disposed off under rule 7, 8 or 9. The same procedure shall be followed for more than one tree.

Rule - 20. Looping of tress to.

No restriction shall be placed on lopping of trees to encourage growth of cultivated crops on private land.

Rule - 21. Penalty for violation of these rules.

Felling of a tree or trees in violation of the provisions these rules shall be treated as a forest offence and the same shall be compounded as provided for in section 74 of the Sikkim Forest, Water Courses and Road Reserve (Preservation and Protection) Act, 1988.,

Rule - 22. Government to make amendments.

The Government if it deems it expedient and necessary so to do, may by notification, to be published in the Official Gazette, make amendments to the provisions of these rules.