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State of Maharashtra - Section

Section 6 in The Maharashtra Protected Forests (Marathwada/Konhan and Western Maharashtra) Rules, 1998

6. Prohibition on cutting of certain fruit tree and other trees.

(1)No fruit trees or tree falling under clause (a) of rule 5 upto 23 cm. Girth at breast height shall be cut.
(2)All trees felled shall be cut flush with the ground.
(3)No tree may be girdled or pollarded.
(4)
(i)In bamboo clumps, no culm under one year of age shall be cut, and in each clump at least 8 culm over one year of age shall be retained.
(ii)All bamboo clumps shall be cut within 30 cm. From ground level.
(5)Except with the permission of the Dy. Conservator of Forest/Sub-Divisional Forest Officer of independent Sub-Division in the case of palas, the roots of trees shall not be dug up.
(6)Except with the permission in writing by the Dy. Conservator of Forest/Sub-Divisional Forests Officers of independent Sub-Division, no forest produce shall be removed from a protected forest between sunset and sunrise.
(7)All forest produce removed from a protected forest shall be covered by a transit pass issued by the person duly authorised in that behalf and may be examined by the Forest Officer at the nakas or places specified by the Dy. Conservator of Forest/Sub-Divisional Forests Officers of independent Sub-Division in that behalf.
(8)(1) Subject to any restriction which the Dy. Conservator of Forest/Sub-Divisional Forests Officers of independent Sub-Division may be special or general order impose in that behalf, every person holding land in the village outside the Scheduled areas as prescribed in section 246 of Constitution of India, the village artisan and agricultural labour shall be entitled to collect minor forest produce (other than harra, lac, rusa, grass, tendu leaves and gum) and minor minerals viz. Grass, leaves of mahu and teak, bakkal, edible roots, and leaves of mahu and teak bakkal, edible roots and edible fruits and flowers and flowers from the protected forest of the village.
(2)Nothing in this rule shall debar a person from collecting harra, lac, rosha, grass, tendu leaves and gum and produce of mahua trees found in his own land adjacent to a protected forest.
(9)(1) No person shall as provided in rule 8 have a right to collect any lac, harra, rosha, grass, apta, tendu leaves and gum which are of commercial value.
(2)The right to collect lac, harra, rosha, grass, apta, tendu leaves and gum from the protected forest of the village shall save as otherwise provided in rule 8 be auctioned by the Dy. Conservator of Forest/Sub-Divisional Forests Officers of independent Sub-Division.
(10)
(A)The Dy. Conservator of Forests/Sub-Divisional Forests Officers of independent Sub-Division in consultation with the Collector, shall by order declare a protected forest to be open to persons of any village or contiguous villages adjoining a protected forest for the purpose of exercising their rights of nistar and there upon any person residing in such village or villages may subject to provision of section 161 to 167 of Chapter X of the Maharashtra Land Revenue Code, 1966 cut and remove for his own use only (and not for sale barter or gift) any forest produce not exceeding such quantity as is set out in the Nistar Patrak of the reduced quantity as may be determined by the Dy. Conservator of Forest/Sub-Divisional Forests Officers of independent Sub-Division in consultation with the Collector, when the total quantity of the forest produce available is not enough to meet the full requirements of such persons.
(1)No person shall set fire to any portion of a protected forest or shall set fire in the vicinity of a protected forest so as to cause damage to any timber, laying in such forest or to any trees reserved under section 30 of the Indian Forest Act, 1927.
(2)All persons, who are permitted to remove forest produce according to these rules shall inform the nearest forest officer of the occurrence of a fire and shall take steps, whether or not so required by the Forest Officer-
(a)to extinguish any forest fire of which he has knowledge and
(b)to prevent by any lawful means in his power any fire in the vicinity of such forest from spreading to such forest.
(10)
(B)No forest produce granted as nistar or concession or as a right shall either be sold or barter away.
(11)(1) The Cultivators (including malik, makbuzas) village artisan and labourers shall subject to the provisions of section 163 and the provision of Chapter X of the Maharashtra Land Revenue Code, 1966 be entitled for removal of grass by headloads for stall feeding of such cattle kept for agricultural purpose free of charge in a protected forest as follows :-
(a)cultivators 2 plough units.
(b)Agricultural artisans and labourers :
(i)4 cattle including one she buffalo.
(ii)Provided further that a calf under six months shall not be counted.
(iii)Provided further that animals in excess of those specified in clause (a) and (b) shall be charged as the State Government may from time to time sanction in this behalf.
Explanation. - (1) Cattle units : The Cattle units should be computed as follows :
(a) Adult buffalo 2 Units.
(b) Adult cow, bull or bullock 1 Unit.
(c) Buffalo calf under three years of age at the commencement ofthe Grazing year 1 unit.
(d) Cow calf ½ Unit.
(2)Plough Unit; Shall mean for cattle units computed as per details given in (1) above.
(II)No such person shall removed grass by headloads for shall feedings of his cattle in accordance with the provisions of sub-rule (1) except under a licence for headloads granted by a person duly authorised in that behalf and in accordance with the conditions thereof.
(12)All plantation raised on protected forest shall be declared closed for removal of grass by headloads and exercise of other rights/concessions for 10 years, provided, while closing under section 30(b) the enough area shall be kept assigned for the local population to exercise their rights/concessions.
(13)No further rights or concessions shall accrue to any individual or community, after the area has notified as protected forest under section 29.
(14)The breaking of soil for whatsoever purpose shall be strictly prohibited.
(15)Whatsoever violates the provision contained in section 10(b) of the above rules, shall on conviction be punished with imprisonment for a period not exceeding one year or a fine not exceeding Rs. 1,000 or both.