THE KERALA FOREST (PRESERVATION, REPRODUCTION AND DISPOSAL OF TREES AND TIMBER BELONGING TO GOVERNMENT BUT GROWN ON LANDS IN THE OCCUPATION OF PRIVATE PERSONS) RULES, 1975

[1][THE KERALA FOREST (PRESERVATION, REPRODUCTION AND DISPOSAL OF TREES AND TIMBER BELONGING TO GOVERNMENT BUT GROWN ON LANDS IN THE OCCUPATION OF PRIVATE PERSONS) RULES, 1975

PREAMBLE

In exercise of the powers conferred by clause (e) of Section 76 of the Kerala Forest Act, 1961 (4 of 1962), the Government of Kerala hereby make the following rules, namely:-

Rule - 1. Short title.

These rules may be called the Kerala Forest (Preservation, Reproduction and Disposal of Trees and Timber belonging to Government but grown on lands in the Occupation of Private Persons) Rules, 1975.

Rule - 2. Definitions.

In these Rules, unless the context otherwise requires-

(a)      'Act' means the Kerala Forest Act, 1961 (4 of 1962);

(b)      'Occupant' means a person in possession of Reserve Forest land which has been ultimately decided to be assigned to him or already assigned to him but pending dis-reservation;

[2][(c) 'Scheduled rate' means a uniform minimum price fixed by the Government by notification in Gazette from time to time for the sale of timber and other forest produce collected by the Department and sold from depots or other places, taking into consideration the seigniorage rate, the collection and transport charges and other incidental expenses;

(d)  'Seigniorage rate' means the rate fixed for the state as a whole from time to time by Government for each produce as the minimum rate, of amount, excluding working charges, that must be assured to the Government by the sale of trees and other forest produce collected from within the forests;

(e)   'Working charges' means the cost of felling, conversion, classification, loading, transport, unloading and stacking of timber and/or firewood available from a tree from its site to the nearest depot].

Rule - 3. Trees excluded from sale.

Teak, Rosewood, Ebony and Sandalwood [3][shall be] excluded from being sold to the occupants.

Rule - 4. Trees liable to be sold.

All species of trees other than those mentioned in rule 3 may be sold to the occupants provided these trees are required for the bona fide purpose of cultivation like growing pepper, wines etc. and for the construction of houses for them.

Rule - 5. Inferior species.

All species of trees other than the species noted below which are depot delivery species and those below 125cm. in girth at breast height of depot delivery species may be treated as inferior species.

Rule - 6. Procedure for sale of trees to the occupants.

A notice shall be published by the Divisional Forest Officer having jurisdiction over the land in two dailies having wide circulation in the locality inviting applications for the sale of trees to the occupants. The occupants may be required to apply for the trees within a month from the date of publication of the notice in the dailies. Applications received after the due date shall be summarily rejected. However, the Conservator of Forests may consider such belated applications on its merits and the decisions of the Conservator of Forests, shall be final and binding on the applicants. On receipt of applications, the Range Officer having jurisdiction over the area shall mark the trees and measure them fresh. The Divisional Forest Officer or his Gazetted Assistant shall check measure after the trees to the extent of not less than 10 per cent. After check measurement, the volume of timber, will be assessed and value realized from the occupant by the Divisional Forest Officer.

Rule - 7. Value of the produce sold.

The value of the depot delivery species shall be schedule rate minus working charges. For inferior species seigniorage rate shall be charged. Firewood, if any, shall also be charged at seigniorage rate.

Rule - 8. Permits not to be issued.

In order to avoid purchase of trees by third parties from the occupants, after the trees are purchased from the Department, no permit shall be issued for transport of timber or converted timber or firewood obtained from such trees:

[4][Provided that the occupants may fell, collect and remove trees having girth of land above 150 centimeters at breast height, the value of which has been paid for at the specified rates, after getting permission in writing from the Range Officer having Jurisdiction over the area, on the application of the occupant filed before the Range Officer at least 14 days prior to the date proposed for felling the trees. Provided further that the Range Officer shall personally inspect the trees before granting such permission].

Rule - 9. Time and mode of payment of value.

The value of the produce sold to the occupants shall be remitted to the nearest Treasury within three weeks from the date of issue of Chalan by the Divisional Forest Officer. However, extension of time for remittance may be granted for another one month by the Divisional Forest Officer subject to realization of usual penalties.

Rule - 10. Disposal of trees by the Forest Department in certain other cases.

The species of Teak, Rosewood, Ebony, Sandalwood and other species which have not been applied for by the occupant or for which after submitting the application the occupant fails to remit the value in time as prescribed under rules, shall be disposed of by the Forest Department following the usual procedure.

Rule - [11. Preservation of trees standing in the occupied lands.

The trees standing in the land of the occupants shall be preserved till they are sold under these rules to them or otherwise disposed of by the Government. The occupant shall not lop the branches of the trees, kill or maim the trees or kindle fire endangering the trees standing in his lands. The tree and seedling of teak, rosewood, sandalwood and ebony shall be nursed and protected by occupants.

Rule - 12. Value to be recovered in the case of damage or missing of trees.

If any tree belonging to the Government and standing in the occupied land is killed or maimed or otherwise damaged or is found missing due to any act or omission on the part of the occupant, the Divisional Forest Officer, concerned shall pass an order fixing the value of the tree so killed, maimed or otherwise damaged or found missing, to be recovered from the occupant and shall proceed against the occupant under the provisions of the Act and shall recover from him the value so fixed of the trees specified under Rule 7:

Provided that no order fixing the value of the tree to be recovered from the occupant under this rule shall be passed without giving him an opportunity of being heard.

Rule - 13. Recovery of loss.

The value of the trees killed, maimed or otherwise damaged or found missing as fixed by the Divisional Forest Officer under Rule 12 and communicated to the occupant shall be remitted by the occupant in the manner and within the time provided for in Rule 9. If the occupant fails to remit the amount in time, it shall be recovered from him as provided in S. 79 of the Act:

Provided that when occupant has presented an appeal under Rule 14 against the orders of the Divisional Forest Officer, no action for recovery of the value of the trees fixed shall be taken against the occupant till the disposal of such appeal.

Rule - 14. Appeal.

Any person aggrieved by any order of the Divisional Forest Officer under Rule 12, may within sixty days from the date of communication to him such order appeal to the Chief Conservator of Forest shall, after giving him an opportunity to the appellant to the heard pass such order as he may think fit confirming, modifying or annulling the order appealed against.

Rule - 15. Revision.

The Government may, either suo-motu or on application by any person aggrieved by an order of the Chief Conservator of Forests under Rule 14, call for and examine the record of any order passed by him and pass such order thereon as they think fit:

Provided that the Government shall not of their own motion revise any order the Rule if that order has been more than three months previously:

Provided further that no order prejudicial to a person shall be passed under this rule without giving him a reasonable opportunity of being heard:

Provided also that no application from any person for revision under this Rule shall be entertained after the expiry of sixty days from the date of receipt by him of the order passed in appeal under Rule 14.

Rule - 16. Disposal of wind fallen trees.

The trees standing in the land of the occupant if found dead or wind fallen or uprooted, shall be either sold to the occupant or disposed of otherwise by the Department under these rules.

Rule - 17. Reproduction of trees.

It shall be incumbent on the occupant to plant as many seedling of trees as possible to regenerate the trees lost by felling][5].