[18th May, 1972] Published vide U.P. Notification No.
3394/14-3, dated 18th May, 1972 In exercise of
the powers under Section 28 of the Indian Forest Act, 1927 (Act No. XVI of
1927) and all other powers enabling him in this behalf and in supersession of
the existing rules on the subject the Governor is pleased to make the following
rules : (i) These Rules
shall be called the U.P. Panchayati Forest Rules, 1972. (ii) They shall be
applicable to Naini Tal, Almora, Pithoragarh, Garhwal and Chamoli districts and
to such other areas as the State Government may from time to time notify. (a) "Act" means Indian
Forest Act, 1927 as amended in its application to Uttar Pradesh; (b) a "Forest
Panchayat" means a committee constituted for the management of
Panchayati Forest under these Rules; (c) "Forest
Officer", "Forest Offence", "Forest
Produce", "Cattle" and "tree" shall
have the same meaning as assigned to them under the Indian Forest Act; (d) "Gaon
Sabha" and "Pradhan" shall have the same meaning
as assigned to these terms in the U.P. Panchayat Raj Act, 1947 (U.P. Act No.
XXVI of 1947); (e) the terms Commissioner, Deputy
Commissioner, Sub-Divisional Magistrate, Tahsildar, Patwari, Forest Panchayat
Inspector, Conservator of Forest. Divisional or Sub-Divisional Forest Officer,
Block Development Officer used in these Rules mean a Commissioner, Deputy
Commissioner, Sub-Divisional Magistrate, Tahsildar, Patwari, Forest Panchayat
Inspector, Conservator of Forests, Divisional or Sub-Divisional Forest Officer,
Block Development Officer, under whose territorial jurisdiction the Panchayat
Forest lie. The application
shall specify, as nearly as possible, the situation and the limits of the area
applied for. (1) A Forest
Panchayat shall hold a meeting at least once every three months. The
proceedings of the meeting shall be recorded in a register in Hindi and a copy
thereof shall be sent to the Deputy Commissioner within seven days of the meeting
: (2) All decisions of
Forest Panchayat shall be taken by two-third majority vote. (3) The quorum of
Forest Panchayat shall be two-thirds of the total members including the Sarpach
or his nominee. (4) The Patwari,
Village Level Worker, Panchayat Secretary and a nominee of the Divisional
Forest Officer may attend a meeting of the Forest Panchayat but shall not have
any right to vote. (a) to prevent reckless destruction
of trees and for felling only those trees that have been marked silviculturally
by Forest Department as fit for exploitation; (b) to ensure that no encroachment of
any kind takes place and no land is broken for cultivation in contravention of
the Rule made under Kumaon Nayabad and Waste Lands Act, 1948; (c) to erect and maintain boundary
pillars; (d) to carry out the directions and
execute the orders given to it by the Deputy Commissioner to maintain, improve
and exploit the forests. Such orders will be issued by the Deputy Commissioner
on the advice of the Conservator of Forests or Divisional Forest Officers; (e) to utilize the produce of
Panchayati Forest, to the best advantage of the village community and of the
right holders, recognised by established custom or permitted by the
Commissioner consistent with silvicultural availability; (f) to close at least 20 per cent of
the area for grazing unless otherwise permitted by the authority to be
specified by the Commissioner for the purpose; (g) to protect the forest from
illicit fellings, lopping and other kind of damage and fire. (1) The Forest
Panchayat shall have the status of a Forest Officer and shall exercise the
following powers for the area entrusted to it- (a) to compound forest offences
committed within its forest for a sum of money up to the limit of Rs. 50 for
each individual offence by way of compensation according to the nature of
offence and up to a limit of Rs. 500 after obtaining pervious approval of the
Divisional Forest Officer concerned : Provided that,
if the offender is prepared to compound the case, the Forest Panchayats shall
realize the full market-value of the property involved in the offence assessed
by an officer not below the rank of a Divisional Forest Officer, in addition to
the compensation referred to in this Rule; (b) to institute and defend suits and
proceedings in respect of claims arising under these Rules; (c) to make local sale of forest
produce including slates and stones without detriment to the forest and to
issue permits and charge fees for grazing or cutting grass or collection of
fallen fuel if considered necessary; provided such an exploitation has the
prior approval of the Divisional Forest Officer and is made for the bona
fide domestic use of right holders. The permission of the Divisional
Forest Officer would not be necessary for allowing grazing or cutting grass or
collection of fallen fuel. If the Forest Panchayat feels that it has
exploitable trees or other forest produce for commercial sale within its
forest, it shall apply to the Deputy Commissioner who shall forward the same
with his comments and recommendations to the Divisional Forest Officer who in
turn shall forward the same with his recommendation to the Conservator of
Forests concerned for orders on receipt of which further action to mark and
sell the trees or other forest produce shall be taken by the Divisional Forest
Officer; (d) to regulate grazing and the
admission of cattle into Panchayati Forest; (e) to impound cattle entering into
the Panchayati Forest and to detain them up to 48 hours if such cattle are not
covered under permits issued by the Panchayat; (f) to exclude from any or all
privileges in the Panchayati Forest any person whom the Panchayat may, with
good reason, consider responsible for any fire or damage to the area or who
disobeys orders issued by the Panchayat in exercise of the powers conferred on
it; (g) to exercise such other powers as
may be notified by the State Government from time to time; (h) to seize all tools or weapons
used in committing forest offences within the area. (2) Unless special
permission of the State Government has been obtained no resin from Chir trees
may be extracted and sold except with the approval of the Conservator of
Forests. Such order of approval may inter alia be prescribed- (i) that any such extraction and sale
of resin shall be done by the Forest Department itself; (ii) that the Panchayat concerned, may
itself arrange for such extraction and sale of resin subject to the provisions- (a) that the trees must be tapped and
resin must be extracted in accordance with the rules in force in the Forest
Department for such tapping and extraction and that the work may at any time be
inspected by the Forest Department officials, to ensure that such rules are
being observed; and (b) that all out turn of resin be
sold in accordance with the directions of the Conservator of Forests : Provided that,
if he considers that any forest is not suitable for resin tapping, or that such
orders are not being carried out or that for any other reason resin tapping
operations are not desirable he shall in consultation with the Divisional
Forest Officer, prohibit such extraction of resin altogether : Provided further
that nothing in the last preceding proviso shall empower him to prohibit the
extraction of resin for local, domestic or medical purposes. (i) estimate of the value of the
forest produce intended to be sold by public auction shall be prepared by the
Forest Panchayat and got approved by the Divisional Forest Officer concerned; (ii) if the estimated price of the
produce as approved by the Divisional Forest Officer is up to Rs. 2,000 auction
may be conducted by the Sarpanch of the Forest Panchayat; (iii) if the estimated price of the
produce is above Rs. 2,000 but below Rs. 5,000 the auction shall be conducted
by the Sub-Divisional Forest Officer concerned; (iv) if the estimated price of the
produce is Rs. 5,000 or above, the auction shall be conducted by the Divisional
Forest Officer. (a) The net figure
of income from the sale proceeds of resin and other forest produce shall be
determined as follows : (i) Forest Department shall charge
its actual cost of extraction of resin plus such overheads as may be
determined by the State Government from time to time; (ii) As regards the other forest
produce, Forest Department shall charge 10 per cent of the sale proceeds as
administrative charges. (b) The net income as may be
determined in the manner indicated above on account of sale of resin and other
forest produce together with the income accruing from other items, such as
compensation money and fees etc., shall be credited to the Panchayati Forest
Fund and shall be distributed and utilized as follows : (i) 20 per cent to Zila Parishad for
development purposes, i.e., for carrying out projects of local public utility; (ii) 40 per cent to Forest Panchayats
for development purposes, i.e., for carrying out projects of local public
utility; and (iii) 40 per cent to the Forest
Department which shall be kept separate by the department and not merged in his
general revenues and shall be spent by them on maintenance and development of
Panchayati Forests. The approval of the Commissioner to the proposals of the
Forest Department for utilization of the income will have to be obtained and a
utilization certificate will also be furnished to him by the Forest Department. (1) The
administration of Panchayat Forest Fund shall be in the hands of the Forest
Panchayat subject to the general control of the Deputy Commissioner or an
official appointed in this behalf by him. (2) All money
transactions to which any member of the Forest Panchayat or any officer or a
servant of Forest Panchayat is in his official capacity a party shall without
any reservation be brought to account and all the money shall be credited in
full to Panchayati Forest Fund with the exception of authorised advances. (3) Money due to a
Forest Panchayat shall be collected either by payment at the office of the
Forest Panchayat or by outdoor collections or by both the methods as the Deputy
Commissioner may direct. Receipts for all money received shall be issued by the
Sarpanch of the Forest Panchayat or by the person authorised to receive money
on his behalf. (4) A proper account
of all income and expenditure of the Panchayati Forest Fund shall be maintained
by the Sarpanch. The accounts shall be closed and balanced at the end of every
month and shall be examined and passed by the Forest Panchayat at a meeting in
the following month. (1) Unless prevented
by a reasonable cause, it shall be the duty of the Sarpanch- (a) to convene and preside over all
meetings of the Forest Panchayat; (b) to control and transact business
and preserve order; (c) to watch the finances and
superintend the administration of the Forest Panchayat and bring to its notice
and defects therein; (d) to superintend and control the
staff and establishment maintained by the Forest Panchayat; (e) to carry out the resolutions of
the Forest Panchayat; (f) to arrange for the maintenance of
various registers prescribed under the rules and to carry out all correspondence
on behalf of the Forest Panchayat; (g) to file civil suits and launch
prosecutions on behalf of Forest Panchayat; (h) to nominate in writing a member
of the Forest Panchayat for the purpose of discharging the function of the
Sarpanch in his absence; and (i) to perform such other duties as
are required or imposed on him by or under the rules or any other law. (2) The member
nominated by the Sarpanch under clause (h) of sub-rule (1) shall during such
absence, exercise all the powers and perform all the duties of the Sarpanch
conferred on or assigned to him under these Rules. If the Sarpanch fails to
make any such nomination the members of the Forest Panchayat may elect any one
Of the members present at the time of the meeting as Sarpanch to conduct the
proceedings of the meeting. (a) a statement showing the
utilization of their funds; (b) a statement showing the demand
and realisation; (c) steps taken by Forest Panchayat
during the year under report to carry out the purposes mentioned in Rule 18; (d) income and expenditure incurred; (e) a statement showing the
exploitation, fellings (whether for commercial purposes of for bona
fide domestic use of the right-holders and local villagers), silvicultural
and other regeneration and recuperative works carried out during the year. If
any working plan or working scheme is in force for the Panchayati Forest
concerned the statement should in particular show what prescriptions were
prescribed to be carried out by the said working plan or scheme and what was
actually done against these prescriptions; (f) any other matter of importance. (1) Commissioner .. 5 inspections per district. (2) Deputy Commissioners .. Not less than 15 in their districts. (3) Forest Panchayat Officers/Sub-Divisional
Magistrate .. 25 (4) Tahsildar .. 15 (5) Block Development Officers .. 10 These
inspections shall be in addition to those made by officers specified for the
purpose by the Conservator of Forests. (1) The Deputy
Commissioner either of his own or on receipt of a complaint may, after such
enquiry as he may deem fit to make either himself or though an officer not
below the rank of a Sub-Divisional Magistrate at any time remove a member or
Sarpanch of Forest Panchayat, if he- (i) remains absent without sufficient
cause from more than three consecutive meetings; (ii) refuses to act or becomes
incapable of acting for any reasons whatsoever, or if he is convicted of any
offence involving moral turpitude; (iii) has abused his position or has
persistently failed to perform the duties imposed by these Rules or his
continuance as such is not desirable in public interest; (iv) misbehaves or indulges in
physical violence at a meeting of the Forest Panchayat; (v) acquires any of the disabilities
mentioned in the first proviso to Rule 9 : (2) An appeal
against an order passed under sub-rule (1) shall lie to the Commissioner. Such
appeal shall be made within a period of 50 days from the date of the order. (1) The Deputy
Commissioner may suspend, supersede or dissolve any Forest Panchayat if in his
opinion such Forest Panchayat abuses its position or is found negligent in the
discharge of duties imposed upon it under these Rules or if its continuance is
not considered desirable in public interest. (2) When a Forest
Panchayat is thus dissolved, suspended or superseded, the Deputy Commissioner
may nominate a Forest Panchayat for the temporary management of the Panchayati
Forest which shall hold office for the remaining un-expired term of the Forest
Pacnhayat. (3) The orders
passed by the Deputy Commissioner under this Rule, shall he subject to revision
by the Commissioner. The period of limitation for filing the revisions shall be
30 days from the date of the passing of the order by the Deputy Commissioner.Uttar Pradesh Panchayati
Forest Rules, 1972
The term "Panchayati Forests" includes any area (outside the
Municipal or Cantonment limits) which has been duly constituted as such under
Rules 5 to 11 hereinafter :
Provided that the formation of Panchayati Forest in any forest area under the
administrative charge of Forest Department shall be done in consultation with
the Forest Department.
In these Rules unless there is anything repugnant in the subject or context-
The State Government may appoint one or more officers, hereinafter called the
Special Officer, to organise and supervise the working of the Panchayati
Forests constituted under these Rules. Each officer shall work under the
control of the Commissioner but exercise all the powers vested in the Deputy
Commissioner under these Rules.
At least one-third of the adult residents who or whose family has resided for
twelve years immediately preceding the date of application in the village
within whose sal assi boundary the land applied for lies may apply to
the Deputy Commissioner for the settlement of a scheme of management of any
area not including any holding lying within the sal assi boundary of
their village or villages within which their rights of user have been
recognised by judicial decision or in a forest settlement :
Provided that no land shall be declared to be Panchayat Forest if one-third or
more of the residents of the village or villages, within which the area lies,
enter objection to the scheme.
On receipt of an application under Rule 5, the Deputy Commissioner shall cause
a notice to be served by personal service on the Pradhan of the Gaon Sabha
concerned; and by affixation in the village or villages, the residents of which
apply, in the adjacent village, and in all villages recorded in a forest
settlement as having rights or concessions in the area concerned. The notice
shall specify the situation and limits of the area applied for and the purpose
for which it is required, and shall indicate the date by which the claims and
objections to the application, if any, should be filed as also the date when
the said claims and objections shall be heard.
On the date so fixed or on any subsequent date to which the proceeding may be
postponed, the Deputy Commissioner shall visit the locality and shall hear the
claims and objections if any, on the post and decide the same. If there is any
dispute as to the sal assi boundary, he may decide the same in a
summary manner, and proceed with the demarcation of the proposed Panchayat
Forest on the basis of his own decision. He may accept the application in whole
or part, and may prescrible conditions on which the same shall be accepted. In
case he rejects the application in whole or in part, he shall record his
reasons therefor.
In Panchayat Forest constituted from Classes I and II reserved forests, only
those persons whose rights are recorded in the lists of rights within
whose sal assi boundary such forests lie shall be allowed to exercise
rights of user in such forests.
The Deputy Commissioner shall then call upon the sal assi residents
aged twenty-one years or more of the area and others of he same age as above
who will benefit thereby to assemble at a convenient place and time, and shall
call on the persons so assembled to elect a Forest Panchayat in the presence of
an officer nominated by the Deputy Commissioner. This shall consist of five to
nine members as may be decided by the Deputy Commissioner when the members have
been duly elected they shall elect a Sarpanch from among themselves by majority
vice vote. The Sarpanch shall be responsible for the proper management of the
Panchayat Forest. Any petition raising a dispute relating to the election of
the Sarpanch or any member may, by any member of the Forest Panchayat or a
resident respectively, be referred to the Deputy Commissioner for decision :
Provided that a Government servant or any employee of a Local Body or a person
who is in arrears of Panchayat Forest dues and persons convicted on criminal
offences involving moral turpitude shall not be eligible for election as Member
or Sarpanch :
Provided further that no Sarpanch shall be eligible for election as Sarpanch
consecutively for more than two terms.
Any order passed by the Deputy Commissioner under Rules 7 and 9 above shall be
subject to revision by the Commissioner. The period of limitation for filing
the revision shall be thirty days from the date of passing of the order by the
Deputy Commissioner.
When a Forest Panchayat has been duly constituted under Rule 9 the Deputy
Commissioner shall take from it an agreement in writing to manage and work the
area to be granted or assigned to it according to working plan. The Deputy
Commissioner shall submit the proceedings to the Commissioner for sanction.
The Deputy Commissioner may, where he considers it necessary, nominate not more
than two persons as members of Forest Panchayat from among the residents of
Panchayati Forest Area. If no Scheduled Caste Member is elected to the Forest
Panchayat, at least one nominee of the Deputy Commissioner shall be of the
Scheduled Caste.
After the constitution of Panchayati Forest and the Forest Panchayat under
Rules 7 to 12 above the Deputy Commissioner shall send intimation about their
constitution to the Conservator of Forests and the Divisional Forest Officer
concerned.
The term of the office of the members of a Forest Panchayat shall be five years
and the Forest Panchayat shall have power to fill casual vacancies for the
unexpired portion of the said period except in case of a vacancy caused by the
removal of member which will not be filled by the Forest Panchayat. The State
Government would have the authority to extend the term of any or all Forest
Panchayat if it so deemed necessary.
If a majority of the Forest Panchayat members consider it necessary to remove
an individual member, the Sarpanch shall report the fact to the Deputy
Commissioner. The Deputy Commissioner shall proceed to the village and shall
ascertain the wishes of the persons entitled to vote and shall act accordingly.
If the member is removed, the Deputy Commissioner shall immediately call on the
voters assembled to elect new member for the unexpired portion of the term of
the member so removed.
Provided that an emergent meeting may be convened by the Sarpanch either
himself or at the requisition of at least half the strength of the Forest
Panchayat at any time after giving at least three days prior notice.
A Forest Panchayat may appoint, subject to the availability of funds and
previous approval of the Deputy Commissioner, such paid staff as may be necessary.
It shall be the duty of every Forest Panchayat to make reasonable provisions
within its jurisdiction-
Any order passed under clause (f) or clause (h) shall be appealable to the
Deputy Commissioner. Such appeal shall be made within a period of thirty days
from the date of the Order of Forest Panchayat.
The Forest Panchayat may frame bye-laws for the distribution of forest produce
among persons entitled thereto, for regulating, grazing, cutting of grass and
collection of fuel and for any other purpose consistent with these Rules. The
bye-laws shall come into force after they have been approved by the
Commissioner.
It shall be obligatory on the part of Forest Department to have working plans
or Schemes for all Panchayati Forests prepared and to bear the entire cost of
preparation of all such Working Plans or Schemes. The Conservator concerned
shall get the working plan or scheme prepared. The working plan or scheme shall
be approved by the Chief Conservator of Forests before it is brought into
force. Once approved by the Chief Conservator of Forests it shall be the duty
of Forest Panchayat to strictly adhere to the prescription of the working plan
or scheme and not to deviate from it without the prior approval in writing of
the Chief Conservator of Forests.
The exploitation of timber firewood and minor forest produce [excluding resin
for which Rule 19 (2) above may be seen], slates, stones, gravel, grass for
commercial purposes shall be done strictly according to the prescriptions of
the working plan or scheme if any, in force or if no such scheme is in force
after obtaining the consent of the Divisional Forest Officer concerned. The
forest produce so exploited shall be sold by public auction in accordance with
the orders issued by the Deputy Commissioner in consultation with the
Conservator of Forests, Divisional Forests Officer from time to time :
Provided that-
All auctions of Rs. 5,000 and above shall be subject to the approval of the
Conservator of Forests concerned and those below Rs. 5, 000 shall be subject to
the approval of the Divisional Forest Officer concerned. No such approval shall
be given without first intimating the results of the auction in writing to the
Panchayats concerned and giving them 15 days' time for objection, if any. If
any objection is received, the Divisional Forest Officer shall withhold his
approval and refer the matter to the Deputy Commissioner. No auction shall be
considered final unless such approval has been obtained in writing. An
intimation about the approval of the auction shall be sent by the Divisional
Forest Officer/Conservator of Forests to the Deputy Commissioner, concerned.
Every Forest Panchayat shall prepare and pass an annual estimate of its income
and expenditure hereinafter referred to as "annual budget" for
financial year commencing from 1st April and allocate funds out of its annual
income to discharge its obligations under Rule 18. A copy of this annual budget
shall be sent to the Deputy Commissioner for sanction who may, in consultation
with the Divisional Forest Officer, make such alteration therein for reasons to
be recorded in writing, as he thinks fit.
A Forest Panchayat may at any time, after the annual budget takes effect, make
any modifications or changes therein by adopting a resolution in this behalf.
The Sarpanch shall forward a copy of this resolution to the Deputy Commissioner
who shall make modifications and charges in its annual budget in consultation
with the Divisional Forest Officer, if deemed proper.
The Sarpanch of a Forest Panchayat may be removed from office if a vote of no
confidence is moved, under prior intimation in writing to the Deputy
Commissioner by at least 1/3rd of the members of the Forest Panchayat and
passed by 2/3rd of majority votes at subsequent meeting of the Forest
Panchayat.
A Sarpanch of the Forest Panchayat wishing to resign his office, may do so,
either by presenting to the Deputy Commissioner in person, or by sending to his
address by registered post, his written resignation signed by himself and
attested by the local revenue official and his office shall become vacant on
the acceptance of the resignation.Rule – 30.
A list of all records, funds and property shall be prepared wherever the charge
is handed over and the person handing and taking over charge shall sign the
list in token of its being correct. The copies of this list duly signed by both
the persons shall be given to Forest Panchayat Inspector by the person taking
over charge. A copy of this list duly signed shall also be given to the person
handing over charge. In case of any dispute about any record, funds or property
both the persons shall be entitled to make their observations by affixing a
note at the foot of the charge list.
A Forest Panchayat shall maintain such registers, books and records for such
periods as may be prescribed by the State Government or the Deputy
Commissioner.
The Forest Panchayat shall submit to the Deputy Commissioner with copy to the
Divisional Forest Officer concerned before the 10th day of April of each year
an annual report of their working during the previous financial year. The
report shall contain the following information-
Working of all Forest Panchayats within their jurisdiction shall be inspected
at least once in three years by officers specified for the purpose by the
Conservator of Forests who will submit their inspection reports to the
Conservator of Forests who will then submit his report to the Chief Conservator
of Forests forwarding a copy thereof to the Commissioner and the Deputy
Commissioner concerned. Inspection shall be made during a year by the following
officers also, of the Forest Panchayats within their respective territorial
jurisdiction according to the standard prescribed below :
All money payable to Forest Panchayat on account of the expenses incurred on
the Panchayati Forests for the price of any forest produce sold under these
Rules or any other dues legally chargeable under these rules from a villager or
right-holder or any person shall be deemed to be money payable to Government
and shall be recoverable as arrear of land revenue under Section 82 of the
Indian Forest Act, 1927.
Money shall not to be paid from the Panchayati Forest Fund except on
requisition or withdrawal signed by the Sarpanch.
The audit of the accounts of every Forest Panchayat shall be done under the
orders of the Chief Audit Officer to Government, Co-operative Societies and
Panchayats, U. P. at such intervals and in such manner as the State Government
may direct. The Deputy Commissioner shall be responsible for production of the
records of the Forest Panchayats for audit.
The audit objections shall be discussed at a special meeting of the Forest
Panchayat convened by the Sarpanch within a month of receipt of the same and
the action to be taken in regard to them shall be decided. The action decided
to be taken shall be indicated on an interleaved copy of the margin of this
audit note and the annotated copy shall be sent to the Deputy Commissioner as
soon as possible and in any case within three months of the receipt of the
objections. Another copy shall be kept and produced for information of the
inspecting officers.
Whenever any embezzlement of money belonging to the Panchayati Forest Fund is
discovered by the Sarpanch or any other officials the facts of such
embezzlement shall be immediately brought to notice of the Deputy Commissioner
who will then inform the Accountant General, U. P. and the Commissioner.
The Deputy Commissioner on receiving the report under Rule 38 shall forthwith
institute an inquiry into the embezzlement.
The Deputy Commissioner may during the course of an inquiry suspend a member of
a Forest Panchayat or a Sarpanch of Forest Panchayat and debar him from taking
part in any act or proceedings of the said body and order him to hand over
records, money or any property of the said body to the person authorised in
this behalf :
Provided that an appeal shall lie against an order passed under this rule to
the Commissioner. Such appeal shall be made within a period of 30 days from the
date of order.
Any person vacating an office of the Sarpanch by resignation, removal or any
persons suspended shall forthwith handover the charge of this office to a
member of the Forest Panchayat nominated by the Deputy Commissioner.
Provided that no member or Sarpanch of Forest Panchayat shall be removed unless
he has been given an opportunity to show cause why he should not be removed
from his office.
Where the Sarpanch of Forest Panchayat is suspended, the Deputy Commissioner
may nominate in writing member of the Forest Panchayat as a temporary Sarpanch
of the Forest Panchatyat to exercise all the powers and perform all the duties
of the Sarpanch until such date as either he is reinstated of if he is removed
from office until such date as a new Sarpanch is elected.
The Deputy Commissioner may by order in writing prohibit, rescind, modify or
confirm the execution of a resolution, direction or order passed by a Forest
Panchayat or by any of its officers if in his opinion such resolution,
direction or order is of a nature as to cause obstruction, annoyance or injury
to public or public interest or is against the provisions of these Rules.
Subject to such instructions as may be issued from time to time by the Deputy
Commissioner, two or more Forest Panchayat may combine by means of a written
instrument to appoint a Joint Forest Panchayat consisting of their
representatives for the purpose of transacting any business in which they are
jointly interested.
The members of the Legislature, Adhyaksha, Zila Parishad and other elected
representatives shall be entitled to inspect any Panchayat and its Forests
within the area they represent.
In case Forest Panchayat does not carry out the Forest development work
prescribed by the working plan, if any in force or any other works connected
with the development of the forests considered necessary by the Divisional
Forest Officer/Conservator of Forests, the same may be got done by the
Divisional Forest Officer/Conservator of Forest at the cost of Forests
Panchayat.
All the existing Panchayati Forests/Panchayats which, prior to the commencement
of these Rules, where constituted under the Kumaon Panchayat Forest Rules
framed under the Scheduled District Act, 1874, shall be deemed to have been
duly constituted and working under the Rules with effect from the date of
enforcement of these Rules.