[Cites 0, Cited by 0]

State of Mizoram - Act

The Mizo District (Forest) Act, 1955

MIZORAM
India

The Mizo District (Forest) Act, 1955

Act 4 of 1955

Published on 24 August 1955
Commenced on 24 August 1955
[This is the version of this document from 24 August 1955.]
[Note: The original publication document is not available and this content could not be verified.]

The Mizo District (Forest) Act, 1955(Act No. 4 of 1955)Last Updated 19th February, 2020[Passed by the Mizo District Council]Vide Notification, No. TAD/R/62/54, dated 24-8-1955.[Receive the assent of the Governor of Assam on the 22nd August, 1955]An Act to provide for the management of any forest not being a reserved forestPreamble. - Whereas it is expedient to provide for the management of forests in the Mizo Autonomous District, which are not reserved forests ;It is hereby enacted by the Mizo District Council in the Sixth Year of the Republic of India as follows :

1. Short title, extent and commencement.

(1)This Act may be called the Mizo District (Forest) Act, 1955.

(2)It extends to the Mizo District except the areas under the jurisdiction of the Pawi-Jakher Regional Council.

(3)It shall [come into force on such date] [The Act came into force on 1st January, 1956, vide Notification No. E 711 /F-l, dated 14-12-1955.] as may be notified by the District Council in the Assam Gazette, hereinafter referred to as the "appointed day".

2. Definitions.

- In this Act, except where it is otherwise expressly provided or the context otherwise requires-

(1)"Cattle" includes also buffaloes, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats, and kids ;

(2)"Council Forest" means the forest in the District other than the reserved forest ;

(3)"Council Forest Officer" means any person appointed as such or holding an office by or under the orders of the District Council and shall include Forest Guards, Assistant Rangers, Forest Rangers and any other person appointed to discharge the duties and functions of a Council Forest Officer under this Act or any rule thereunder ;

(4)"Council Reserved Forest" means any forest constituted as such by or under the orders of the Mizo District Council;

(5)"Deputy Commissioner" means the Deputy Commissioner of Mizo District;

(6)"District" means the Autonomous Mizo District;

(7)"District Council" means the District Council of the Mizo District constituted under the provisions of the Sixth Schedule to the Constitution of India and in accordance with the Assam Autonomous District (Constitution of District Councils) Rules, 1951 ;

(8)"Executive Committee" means the Executive Committee of Mizo District Council and the term "Chief Executive Member", "Member Executive Committee" shall be construed accordingly;

(9)"Forest offence" means an offence punishable under this Act or any rule thereunder;

(10)"Forest produce" means forest produce of Council Forest and includes-

(a)the following whether found in or brought from a forest or not, that is to say, timber, charcoal, caoutchouc, catechu wood oil, resin, natural varnish, bark, lac and myrabolams, and

(b)the following when found in or brought from a forest, that is to say-

(i)tress and leaves, and fruits, and all other parts or produce not hereinbefore mentioned of trees ;

(ii)plants not being trees (including grass, creepers, reeds and moss) and all parts or produce of such plants ;

(iii)skins, horns, bones, silk cocoons, honey and wax and all other parts or produce of animals ; and (iv) peats, surface oil, rocks and all other products of quarries ;

(11)"Land at the disposal of the District Council" means any land at the disposal of the Mizo District Council in respect of which no person has acquired a permanent heritable and transferable right of use and occupancy under any law for the time being in force or any right created by grant or lease made or continued by, or on behalf of the State Government ;

(12)"President" means the President of a Village Council appointed under the provisions of the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953 ;

(13)"Reserved forest" has the same meaning as assigned to it by sub-paragraph (2) of Paragraph 3 of the Sixth Schedule- to the Constitution of India;

(14)"River" includes also streams, canals, creeks and other channels natural or artificial;

(15)"Secretary" means the Secretary to the Executive Committee of the Mizo District Council;

(16)"Timber" includes trees when they have fallen or have been felled, and all wood, whether cut up or fashioned out for any purpose or not;

(17)"Tree" includes palms, bamboos, stumps, brushwood and canes ;

(18)"Village Council" means a Village Council constituted under the provisions of the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953.

3. Jurisdiction of the District Council.

- The administration of forests other than the Government reserve forests in the Mizo District is vested in the District of the Mizo Autonomous District.

4. Reserved trees.

(1)The trees specified in Appendix I to this Act shall be treated as reserved trees. Such trees in Council Forest shall not be cut, felled, tapped or injured in any manner without permission of any kind issued in writing by the Executive Committee or a competent Council Forest Officer appointed in this behalf the Executive Committee in writing.

(2)No reserved trees under six feet in girth except Fiageswar (Herhse) the girth limit of which is five feet, shall be felled.

5. Disposal of forest produce.

(1)The cutting, sawing, conversion or removal of trees and timber and the collection, manufacture and removal of forest produce from a Council Forest except for purpose of personal use under such conditions as the District Council may, by rules made in this behalf allow, are prohibited, except under a permit granted by the Executive Committee or any other officer empowered in this behalf.

(2)Trade permit as prescribed in Appendix II shall be granted for timber, reserved or unreserved or other forest produce cut, collected or removed from the Council Forest for the purpose of trade.

6. Royalties.

(1)The rates of royalties to be charged on all forest produce removed from the Council Forest to outside districts for trade under a trade permit are given in Appendix III to this Act. The power to increase or decrease any of the rates is vested in the Executive Committee to a limit of 25 per cent of increase or decrease according to distance and difficulties of extraction.

(2)All other forest produce not included in Appendix III shall be charged at such rates as may be fixed by the Executive Committee.

(3)The Executive Committee is empowered to revise whenever necessary the classification of trees mentioned in Appendix III and such revision whenever made shall be notified in the Assam Gazette.

(4)No forest produce shall be extracted for any purpose from any of the Council Reserved Forests except on payment of royalty and with the written permission of the Executive Committee or any other officer empowered in this behalf.

7. Payment of fees and royalties.

(1)All fees and royalties payable on account of any forest produce collected or removed under the provisions of this Act or rules made thereunder shall be paid for at the time of marking previous to removal or at the first forest revenue station reached by the forest produce.

(2)No forest produce shall be removed in transit pass or any revenue station, unless provided with a pass in the form given in Appendix II to this Act. Such passes shall be obtained from the officer-in-charge of the first revenue station reached by such forest produce.

8. Registration of property marks.

- All persons trading in or conveying timber not belonging to a reserved forest shall annually register their property marks at the revenue station, and shall pay a fee of Rs. 20 for a certificate of registration for the first time, and Rs.5 for each registration thereafter.

9. Wax.

- No person shall remove wax for purposes of trade from the Council Forests, save under and subject to the conditions of purchasing licences granted by the Executive Committee, or any other officer empowered in this behalf. Such licenses shall be in the form contained in Appendix IV to this Act and the amount of the fee for the same, which may from time to time be prescribed by the District Council shall be printed on each licence.

10.

All breaches of the provisions of Sections 4, 5, 7 and 9 shall be punishable with the application in spirit of Section 188 of the Indian Penal Code.

11. Town forest reserve.

(1)The District Council by notification in the assam Gazette and by publication in any other manner it deems suitable, constitute any forest which is not a Government reserved forest into town forest reserve or reserves and may in like manner, vary or cancel any such notification.

(2)Every such notification shall specify the limits of such town forest reserve or reserves.

(3)The boundaries of the town forest reserve for Aijal town shall be as described in Appendix V to this Act.

(4)No trees within a town forest reserve shall be cut, felled, tapped or injured in any manner, without permission in writing, which will be subject to such condition as may be imposed by the Executive Committee or any other officer empowered in this behalf.

(5)Any one contravening the provisions of this section shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

12. Power to constitute village forest reserves.

(1)The Executive Committee may, by order,Constitute any forest which is not a reserved forest into village forest reserve, protected forest reserve or reserves for the benefit of any village community or group of village communities, and may, in like manner, vary or cancel any such order.

(2)Every such order shall specify the limits of such village forest reserves, protected forest reserve or reserves.

(3)The Executive Committee shall send a copy of every such order to each Village Council concerned and may direct the Village Council to announce the contents of the order properly to the villagers by putting a copy on the village notice board and by announcement by the Village Tlangau (official village crier). Every such order made under sub-rule (1) shall be published in Zoram Hriattima.

13. Three classes of Village Forest Reserves.

(1)The village forest reserves constituted under Section 12 may of three classes, namely:-

(a)Village Safety Reserve, that is, reserve for the protection against fire from or without reserve constituted in the interest of health and water supplied. No one shall utilise for any purpose, any portion of land inside this reserve and no trees shall be cut in this reserve except with the permission of the Executive Committee. The Village Council may dispose of any dead trees in the manner it considers most beneficial for the village ;

(b)Village Supply Reserve, that is, reserve for the supply of the needs of the village. Any person resident in the village may cut trees and bamboos from this reserve for this household needs. The Village Council shall have the power to distribute land within this reserve from jhum ;

(c)Protected Forest Reserve, that is, reserve for protection of valuable forest from destruction for the interest of the village communities. No one shall utilise for any purpose any portion of land inside this protected forest reserve and no tree shall be cut in the protected forest reserve except with the permission of the Executive Committee.

(2)Any person doing anything in contravention of any of the provisions of this section shall be punishable with a fine not exceeding Rs. 50.

(3)The boundary of the village forest reserve being properly demarcated, shall be marked by sign posts and stone pillars. The record of the boundaries, stating places where such posts or marks are made shall be kept by the President. A copy signed by the President shall be submitted to the Executive Committee.

14. Power to constitute Council Reserve Forest.

- The District Council may constitute any land at the disposal of the Council as a Council Reserve Forest in the manner hereinafter provided.

15. Notification of proposal to constitute a Council Reserve Forest.

- Wherever it is proposed to constitute any land as a Council Reserve Forest, the Executive Committee shall publish a notification in the Zoram Hriattirna. (1) declaring that it is proposed to constitute such land a reserved forest, and (2) specifying as nearly as possible the situation and limits of such land, and (3) inviting claim of rights and objections.

16. Survey of the proposed Council Reserved Forest.

- The Executive Committee, as soon as a notification is issued under Section 15, shall cause the area to be surveyed and demarcated by one or more of the Council Forest Officers not below the rank of Forester, shall also enquire into any right of any person in the area and shall also submit reports to the Executive Committee which report shall deal with all points including compensation involved or alteration of the area recommended.

17. Disposal of claims and objections.

- All claims of right on the land and all objections against the proposed Council Reserved Forest shall be submitted in writing to the Executive Committee within 120 days from the date of publication of the notification under Section 15.

18. Council Forest Tribunal.

- The Executive Committee shall appoint a Council Forest Tribunal who shall decide all claims of right on land and all objections against the proposed reserved forest. The orders of the Council Forest Tribunal shall be published forthwith in the Assam Gazette.

19. Appeal.

- All appeals against the decision of the Council Forest Tribunal shall be submitted to the Executive Committee within 30 days of the order issued by the Council Forest Tribunal. The Executive Committee shall review the case as it deems necessary and pass order which shall be final.

20.

Nothing contained in Sections 18 and 19 of this Act shall bar the jurisdiction of a competent Civil Court.

21. Final notification constituting Council Reserved Forest.

- The Executive Committee shall, after disposal of all appeals, publish in the Assam Gazette the final notification specifying the limit of the Council Reserved Forest incorporating therein any changes and modifications made from the preliminary notification under Section 15 of this Act and declaring the same to be a Council Reserved Forest from the date fixed by such notification.

22. Right in or over the Council Reserved Forest.

- No person shall have rights of any nature in or over the land within the area of the Council Reserved Forest except those that may have been conceded in the final notification referred to in Section 21. The Executive Committee or any other officers empowered in this behalf may permit or grant rights of any nature to an individual or community for the benefit of a community or communities.

23. Penalties for trespass or damage.

- Any person who in a Council Reserved Forest-

(1)trespasses or pastures cattles, or permits cattle to trespass;: or

(2)causes any damage by negligence in felling any tree or cutting or dragging timber;shall be punished with fine which may extend to fifty rupees, or when damage resulting from his offence amounts to more than twenty-five rupees, double the amount of-such damage.

24. Acts prohibited.

- Any person who in the Council Reserved Forest-

(1)sets fire or in contravention of any rules made by the Executive Committee kindles any fire or leaves any fire burning in such manner as to endanger such a forest; or

(2)kindles, keeps or carries any fire except in such seasons and in the manner as the Executive Committee may from time to time notify; or

(3)fells, cuts, girdles, marks, lops, taps or injures by fire or other means any trees; or

(4)quarries stones, bums limes or charcoal or collects, subject to any manufacturing process, or removes any forest produce ; or

(5)clears or breaks up any land or cultivation or any other purposes; or

(6)poisons water or in contravention of any rule made by the Executive Committee, fishes or set traps or snares,shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both.

25. Penalty for offences committed by persons having right in the forest.

- Whenever fire is caused wilfully or by gross negligence in Council Reserve Forest by any person having rights in such forest or permission to practise jhum therein, or by any person in his employment, the Executive Committee may, despite the infliction of any punishment under this Act, direct that in such forest, or any specified portion thereof, the exercise of all or any of the rights of pasture or to forest produce shall be terminated, or for such period as it thinks fit be suspended.

26. De-reservation of forest.

- Any area constituted as Council Reserve Forest will be de-reserved only by or under the orders of the Executive Committee.

27. Jhumming in Council's forest.

- The right to Jhumming or of shifting cultivation in the unclassed Council Forests is conceded subject to any regulation, rules or orders that may be made or prescribed by a Village Council or any other body granting powers similar to a Village Council or the District Council.

28. Collection of timber free of royalty or permit for private use.

- The inhabitant of the district is permitted to collect free of royalty or permit such timber and other forest produce as he may require for his own use within the unclassed Council Forest including the village supply reserves but not for sale, trade, mortgage or gift for which purposes either permit or royalty or both may be imposed by the Executive Committee as it deems fit.

29. Forest offences.

(1)When there is reason to believe that a forest offence has been committed in respect of any forest produce of a Council Forest such produce together with all tools and other articles used in the commission of such alleged offence, may be seized by any Council Forest Officer and the officer seizing such property shall keep the seized property in safe custody and report the matter to the appropriate court under the District Council or the Deputy Commissioner, as the case may be. Such court after trial of the case shall dispose of the confiscated articles according to the merit of the case in addition to any punishment as may be awarded to the offender.

(2)When the offender is not known or traceable, such seized articles shall be confiscated and taken possession of by the District Council; provided that any claim for such confiscated articles within a period of one month from the date of confiscation shall be heard and disposed of in such manner as the court may order.

29A. Presumption that the forest produce belongs to the District Council.

- When in any proceedings taking under this Act or in consequences of anything done under this Act, question arises whether any forest produce is the property of the District Council, such produce shall be presumed to be the property of the District Council until the contrary is proved.

29B. Power to compound.

- The Executive Committee may accept from any person against whom reasonable suspicion exist that he has committed any forest offence specified in Sections 23 and 24 of this Act a sum of money by way of compensation for the offence which such is suspected to have committed, and

(1)When any property person has been seized as liable to confiscation the same may be released on payment of the value thereof estimated by the Executive Committee.

(2)On the payment of such sum of money, or such value, or both, as the case may be, the suspected person, if in custody, shall be discharged and no further proceedings shall be taken against such person or property.

29C. Procedure for disposal of perishable property.

- Notwithstanding anything hereinbefore contained the Court concerned may direct the sale of any property seized under Section 26, if it is subject to speedy and natural decay, and may deal with the proceeds as the Court might have dealt with such property as if it had not been sold.

29D. Power to arrest without warrant.

(1)Any Council Forest Officer not below the rank of Assistant Forest or Police Officer may, without orders from a Magistrate and without a warrant, arrest any person reasonably suspected of having been concerned in any forest offence punishable with imprisonment for one month or upwards, if such person refuses to give his name and residence, or gives a name or residence of which there is reason to believe to be false or if there is reason to believe that he will abscond.

(2)Every officer making an arrest under this section shall, without delay, take or send the arrested person before a magistrate having jurisdiction in the case.

(3)No officer shall detain in custody a person arrested under this section for longer period exceeding twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Court of Magistrate concerned.

29E. Powers of the Executive Committee to evict unauthorised occupant from reserve forest.

(1)The Executive Committee or any officer authorised by Executive Committee may eject any person from land in a District Council reserved forest unless such person has been allowed to settle.

(2)Such persons may be ejected or ordered to vacate forthwith, and the Executive Committee or any officer authorised by the Executive Committee may sell, confiscate or destroy any crop raised, or any building or other construction erected without authority.

30. Penalty for counterfeiting or defacing marks on trees and timber etc.

- Any person who with the intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code-

(a)knowingly counterfeits upon any tree or timber a mark used by Forest Officers to indicate that such tree or timber is the property of the District Council or some person, or that it may lawfully be felled or removed by some person, or

(b)unlawfully fixes to any tree or timber mark used by Forest Officers, or

(c)alters, defaces or obliterates any such mark placed on any tree or timber by or under the authority of a Council Forest Officer, or

(d)alters, moves, destroys or defaces any boundary mark of any forest to which this Act applies,

shall be punished with imprisonment for a term which may extend to two years, or with fine or with both.

31. Compensation for damage caused by commission of offences.

(1)When any person is convicted of felling, cutting, gridling, marking, lopping or tapping trees, or of injuring them by fire or otherwise, in contravention of this Act or of any rule thereunder the convicting court may, in addition to any other punishment which it any award, order that person to pay to the District Council such compensation not exceeding twenty rupees for each tree with respect to which the offence was committed as it may deem it.

(2)If the person convicted of the offence committed it as the agent or servant of another person, the convicting Court may, unless after hearing that other person it is satisfied that the commission of the offence was not a consequence of his instigation or of any neglect or default on his part, order him, instead of the person who committed the offence, to pay the compensation referred to in sub-section (1).

(3)Any appeal from any order under sub-section (1) or sub-section (2) shall lie to the court to which orders made by the convicting court are ordinarily appealable and the order passed on such appeal shall be final.

32. Forfeiture of leases.

- When the holder of any lease, licence or contract whatsoever granted or continued by, or on behalf of the District Council for any of the purposes of this Act commits an offence against this Act or any rule thereunder, or when any such offence is committed by any grant or servant of the holder of any such lease, licence or contract, and the District Council is satisfied that the commission of the offence was a consequence of the instigation of such holder or of any neglect or default on his part. The District Council may by order in writing declare the lease, licence or contract to be forfeited in whole or in part with effect from a date to be specified in the order not being prior to the date of the commission of the offence.

33. Forest Officers not to trade.

- No Council Forest Officer shall, as principal or agent, trade in forest produce, or be or become interested in any lease or mortgage of any forest, or any contract for working any forest.

34. Persons bound to assist Forest Officer.

- Every person who exercises any right in any class of Council Forest or who is permitted to remove any forest produce from, or to pasture cattle or practice jhum cultivation in such forest and every person who is employed by such person in such forest and every person in any village contiguous to such forest shall be bound to furnish without unnecessary delay to the nearest Forest Officer any information which he may possess respecting the occurrence of a fire in or near such forest, or the commission of or intention to committ any forest of a fire in or or near such forest offence, and shall assist any Forest Officer demanding his aid-

(a)in extinguishing any fire occurring in such forest;

(b)in preventing any fire which may occur in the vicinity of such forest from spreading to such forest ;

(c)in preventing the commission in such forest of any forest offences ; and

(d)when there is reason to believe that any such offence has been committed in such forest in discovering and arresting the offender.

35. Recovery of money due to District Council.

- All money, other than fines, payable to the District Council under this Act, or under any rule made thereunder or on account of the price of any forest produce, or of expenses incurred in the execution of this Act or rules made thereunder in respect of any forest produce, may, if not paid when due, be recovered by the same process as by which arrears of land revenue are recovered where the Assam Land and Revenue Regulation, 1866 is in force.

36. Lien on forest produce for such money.

(1)When any such money is payable for, or in respect of, any forest produce, the amount thereof shall be deemed to be first charge on such produce, and such produce may be taken possession of by a forest officer specially empowered in this behalf and may be retained by him such amount has been paid.

(2)If such amount is not paid when due, such Forest Officer may sell such produce by public auction and the proceeds of the sale shall be applied first in discharging such amount.

(3)The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be forfeited to the District Council.

37. District Council and its officers not liable for loss or damage in respect of certain forest produce.

- The District Council shall not be responsible for any loss or damage which may occur in respect of any forest produce while at the revenue stations established under this Act or rules thereunder or while collected or detained elsewhere for the purpose of this Act, and no Forest Officer shall be responsible for any such loss or damage unless he shall have caused the same negligently, maliciously or fraudulently.

38. Recovery of penalties due under law.

- When any person in compliance with any rule under this Act, binds himself by any instrument to perform any duty or act or covenants by any instrument that he, or that he and his servants and agents, will abstain from any act, the whole sum mentioned in such instrument as the amount to be paid in case of a breach of any condition thereof may be recovered by the same process as by which arrears of land revenue is recovered where the Assam Land and Revenue Regulation, 1866 is in force.

39. Distribution of jhum.

(1)The extent of area to be allotted for distribution for Jhums, under Section 13 (1) (b) shall be notified by the Village Council in the manner it deems fit and submitted to the District Council and the District Council may issue any direction in this regard.

(2)Except for any special privileges granted under this Act to any person distribution of jhums to a village shall rest with the Village Council.

(3)No jhumming shall be permitted within one hundred fee on either side of all Government roads, except with the written permission of the Deputy Commissioner in consultation with the Chief Executive Member or the Executive Committee.

40. Opening wet cultivation.

- No new wet cultivation (Leilet) shall be opened in the district except under a pass granted by the Executive Committee on such conditions as it may deem fit to impose. In granting such pass, the Executive Committee shall take into consideration the recommendation of the Village Council.

40A. Establishment and control of forest villages.

(1)For the purpose of providing a source of suitable local labour for forming and maintaining plantation and taungyas, the District Council may establish forest villages within the limits of any Council Reserved Forest on such sites as may be selected by the Executive Committee.

(2)The boundaries of all forest villages shall be demarcated by boundary pillars and shown in maps together with all interior details such as field, homesteads, etc., and a register shall be maintained of the houses in each village.

(3)jhums in the reserve shall be allowed to the forest villagers on the following conditions :

(i)the area will be selected by the Council Forest Officer with the approval of the Executive Committee ;

(ii)an allotment of maximum 12 (twelve) bighas of jhum land will be annually made for each resident's household ;

(iii)the villagers themselves will sow or plant with their crops the seeds or plants of such forest trees in such manner as the Forest Officer may direct.

(4)Building materials and fuel will be given to the villagers free of charge but they will be liable to render ten days' free labour in the first instance and another ten days' labour, if called upon, in the next instance at a rate of wages to be fixed by the Forest Officer.

(5)The sub-letting of land by a forest villager is not permissible.

(6)The forest villagers admitted into the reserve forest shall execute an agreement in the form as may be prescribed from time to time by the Executive Committee.

(7)The Executive Committee may appoint a person among the forest villagers as a Headman and prescribe his duties.

(8)The Executive Committee may evict summarily from a forest village without payment of compensation, any one who does not comply with the provisions of the Act or who refuses to carry out the orders of the Council Forest Officer so far as they are consistent with the provisions of the Act or whose conduct, in the opinion of the said officer, impairs the harmonious working of the village.

41. Penalties.

- If any person infringes any of the provisions of Sections 39 and 40 he shall be punishable with a fine not exceeding Rs. 50.

42. Power to make rules.

- Subject to the approval of the Governor of Assam the District Council may frame rules for carrying out the provisions of this Act.

43. Repeal.

(1)The Lushai Hills District (Forest) Act, 1953 (Lushai Hills Act No. 6 of 1953), is hereby repealed with effect from the appointed day.

(2)Notwithstanding such repeal all actions taken, orders made or directions given under the provisions of the Lushai Hills District (Forest) Act, 1953 shall be deemed to be taken, made or given under the respective provisions of this Act and subsequent actions, if any, with regard to any action, order or direction shall be in accordance with the provisions of this Act.

44.

All forest revenue shall be received in the form as prescribed in Appendix VI.Appendix IReserved TreesAll trees of the undermentioned kinds standing on any land at the disposal of the District Council shall be reserved trees :

	Vernacular names	Botanical names	Lushai names
1.	Sapas, Champas, Sopas	Magnolia pterocarpa Sphenocarpa and Gustavi, Manglietiainsignis, Hookeri and Caveana, Talauma Rabaniana andPhellocarpa, Michelia Cathoortii, excelsa, Lanuginesa, Champaca,Punduana, Oblonga, Manii and Montana.	Ngiau chi reng reng.
2.	Chaulmugra, Lantern	Taraktogenos Kurzii.
3.	Nahor, Nageswar	Mesua ferrea	Hershe.
4.	Sia Nohor, Karal, Kasukoroi (Cachar) Serpoi (Kuki)	Kauea assamica and floribund	Serpai.
5.	Gugra, Nagabhe or Makria	Schima Wallichhii and Schima Khasiana	Khiang.
6.	Kurial	Dipterocarpus turbinatus
7.	Hollong	Dipterocarpose pilosus	Lawngthing.
8.	Sal	Shere robusta	Lawngthing thach.
9.	Makai	Shorea assamica
10.	Simul	Salmalia Malabaricum	Phunchawng.
11.	Rata	Dusoxylum binectariferum
12.	Amari Rata	Amoora Rohituka Wallichhii and chitgonga	Sahatah.
13.	Kolia, Hoga, Poma, Hotia	Chikrassia tabularies	Zawngtei.
14.	Poma	Cedrela Thona Febrifuga and microcarpa	Tel.
15.	Sisso	Dalbergia Sisso
16.	Ping	Cynometra polyandra	Kawrhreiha.
17.	Sonaln, Sanaru	Cassia Fistula and nodosa (Banarlathi).	Makpazangkang thachi.
18.	Khair, Khoria	Acacia Catechu
19.	Moi Sunbi	Albizzia lucida
20.	Koroi	Albizzia procera	Kangtek.
21.	Haharu, Koroi moroi	Albizzvia odoratissima	Thingri.
22.	Jululi Duang, Fikiri	Altingia excelsa	Hriang.
23.	Hollock, Jhalna	Terminalia Myriocarpa	Char.
24.	Bogi Jamuk	Eugenia Jambolana	Hmuifang.
25.	Fatijam, Barjamuk	Eugenia praecox	Hmuipui.
26.	Sida	Lagersroemia Parvflora
27.	Ajhar, Farul	Lagerstroemia Flos Reginae	Thado.
28.	Khokan, Ramdala	Duabangasonneratioides	Zuang
29.	Panikadam, Gahorichapa	Nyssa sessiliflora	Banphor chikha.
30.	Tarakchapa, Haldu, Haludchaki	Adina cordifolia
31.	Kurta	Palaquirum polyanthum
32.	Mohidal, Kawatuli	Cordia fragrantissims	Muk.
33.	Ahui	Vitex peduncularis	Thingkhawilu.
34.	Gomari Gamarh	Gmelina aghoriea, Linn	Thlanvawng.
35.	Bonsum, Nikahi	Phoebe attenuate and Hai nesiana	Zobul.
36.	Gonsoroi, Gondroi	Sinnamomum Cecicodaphane glanduliferum	Khiangzawl.
37.	Jal Sundi	Alseodaphne Owdeni	Bulchi.
38.	Naga Dalchini, Paderai	Cinnamomum Zeylanicum
39.	Agar, Sasi	Aquilarisa Agallocha	Thingrai.
40.	Kuhir	Bridelia resrusa
41.	Uriam	Bischofila Favanica	Khuangthli.
42.	Garokhuta, Chhammolia	Aprosa Roxburghii
43.	India rubber, Bar	Ficus elastica	Thelret
44.	Kathal	Artocarpus intergrifollia	Lamkhuang.
45.	Sam	Artocarpus Chaplasha	Tatkawng.
46.	Dud-chempa	Pseudostrablus indica
47.	Bola	Morus leavigat	Lungli.
48.	Jinarl	Podocarpus nerrifolia
49.	Momailateku (in the districts of Nowgong and Sibsagar)	Aglaia species.
50.	Thutmala in the districts of Cachar, Shylhet and NowgongGarunga	pinnata,
51.	Ruhimalla	Ordina wodier
52.	Bhelu	Tetrameles nudiflora (in all Forest Divisions).
53.	Kadam	Anthocephalus cadamba in Sylhet, Cachar, Sibsagar Lakhimpur,Kamrup, Haltugaon and Garo Hills Forest Division	Banphar
54.	Kalasam, Kharika Chopa	Cruptocarya
55.	Banjalakia, Bospat and Satiana	Amugdalina	Thuamriat

Appendix II[Section 5]Permit for timber and other forest produces to be to collected from Autonomous Mizo DistrictName........................Residence......................

Forest	Date of expiry	Description of timber and other forest produces	Number of Quantity	Rate	Amount	Remarks

Date................Signature of Designation of the Issuing OfficerConditions under which this permit is issued :

1. This permit must be in the possession of the person removing forest produce under it, and must be produced by such person whenever called upon to do so by a Forest Officer.

2. Only tree marked with the District Council hammer may be felled. No log or sawn timber may be removed from felling site unless it has been measured and marked with the prescribed hammer, i.e., passing hammer, if royalty is to be paid at site.

Note. - Logs may not be converted at sites unless they have been measured, and unless the sale is at converted timber rates.

3. All timber and other forest produces must be removed from the forest within the time granted in the permit.

4. This permit must be returned to the nearest Forest office within one month of the date of its expiry.

5. Any advance royalty paid at the time of taking out a permit will lapse to District Council with the lapsing of the permit unless application for extension has been made to the Executive Member in-charge, Forests within one month from the date of expiry and the Executive Member in-charge, Forests, Mizo District Council, exercising its discretion, has granted an extension which may not exceed a further period of twelve months after realisation of an extension fee not exceeding 25 per cent of the royalty on the forest produce to be removed under permit.

6. Breach of any of the above conditions will render this permit liable to be cancelled and other forest produce confiscated, notwithstanding any other penalties incurred by the permit holder under the Mizo District Forest Act, 1955 or rules made thereunder.

Signature of Forest OfficerI understand and accept the above conditions.Signature of the Permit Holder.Appendix II-A[Section 7 (2)]Forest Department, District Council, Mizo District..........Range..........Revenue Station.

1. Name and residence of Permit Holder.........

2. No. and date of Permit or Agreement.........

3. Kind of forest produce.........

4. Number of pieces, packages or bundles...........

5. Measurements, cubic contents or weight..........

6. Marks-hammer or other..........

7. Rate......

8. Amount paid.........

9. Locality from where collected.......

10. Place from which to be transported

11. Destination...........

12. Route of transport.......

13. Date of issue .........

14. Date of expiry...........

Signature and Designation of Issuing Officer.Conditions:

1. Any person removing timber or other forest produce without a Transit Pass in this form in contravention of any rules made under Section 42 of the Mizo District Forest Act, 1955 is liable for punishment.

2. The Transit Pass must be produced whenever called upon to do so by a Forest Officer.

Appendix III

1. Rates for timber :

Timber trees are classified as follows :

Botanical name	Vernacular name	Mizo name
A- I (a) Class
Michellia Champace	Champ, Titasopa,	Zobul
Pheobe goalparansis	Bonsum	Lawngthing tha
Shorea robusta	Sal	Lawngthing.
A-I (b) Class
Dipterocarpus Macrocarpus	Hollong	Thingsen
Shorea Assemica	Makai	.....
A-II Class
Morus Leavigata	Bola	Makpazakang
Accacia Catechu	Khoira or Khair
Cassia fistula	Sonaru
Terminalia Myriocarpa	Banisaj, Hollock,	Jhalna, Char
Dipterocarpus turbinatus	Kuroil, Gorjan	Lawthing
A-III Class
Pheobe attenuata	Nikahi
Bridelia retusa	Kuhir
Gamelina arborea	Gameri, Gumhar	Gomahi-Thlanvawng
Bombax malabaricum	Simul	Pang
Alseadaphne owdeni	Moricha Sundi	Bulfek
Cinnamomum cecicodaphne and Cinnamomum Glanduliferum	Gondroi or Gonseroi	Khiangzo
Dalbergia sisoo	Sissu
Talauma phellocarpa	Titasopa, Tilsundi
Albizzia odoratisma	Hiharu, Koroi
Attocarpus Chaplasa	Sam, Cham	Tatkawng
B. Class
Chikrasia tubularis	Bogipoma, Hotia	Zawngtei
Lagerstroemia flosreginae	Jarul, Ajhar	Chawnpui
Magnolia species (except Magnolia griflithii, Magnoliapterocarp)	Champa, Sopa, Morich
Manglie tiainsignis	Sundi	Ngiau
Manglietia species	Kathal Sopa
Pachylarnax Pleiocarpa	Kathalpatia Sopa
Phoebe co-operiana	Mehaki
Terminalia tomentosa	Pakasaj, sain
Amoora wallichhii	Amari, Rata, Rangirata	Sahatah
Artocarpus intogrifolia Mesua ferrea	Kathal	Lamkhuang
Schima Khasiana	Nahor, Nageswar	Herhse
Schima Wallichhii	Gogra, Nagabhe Mukria sal, Bonak	Khiang
C. Class
Adina cordifolia	Haldum, Tarakchopa, Bawngloh
Adina Oligocephala	Halud chapa
Aglia edulis	Momai leteku
Albizzia lebek	Koroi, Siris
Altingia exelsa	Jutili, Jukri
Bischofia Javanica	Uriam, Jhoki	Khuangthli
Gulophyhum polyathum	Kurta	Hraibung
Cassia nodossa	Sonari	Tufar
Cefrela toona	Sun Jatipoma, Kuma, Poma
Cinnamomum obtusifolium	Mekaridima Paderi, Nagadalchini
Cordia fragrantissima	Mahidal	Muk
Duabanga Sonneratioides	Khokan, Ramdala	Zuang
Machilus golbosa	Kowla
Mansoniadipikae	Badam
Podocarpus nerifolia	Jinari
Terminalin Citrina	Hilikha, Hartaki
Albizzia procera	Siris
Cynametra polyandra	Ping
D. Class
Acrocarqus fraxihifolius	Mandhani
Amoora species (except Amoora wallichhii	Rata, Bandorima	Sahatah
Artocarpus lakoocha	Bohot, Dowalchali Dewasan
Bombaz insigne	Dumboli	Phunchawng
Bunsera scrata	Mirtenga, Neur-Heru
Carallia Intergeerima	Mahithekera
Crypteronia Paniculata	Garumora
Dysoxylum Banictiferum	Rata, Bandorrima, Bandorefela
Dysoxylum Hamiltonii	Ghendholopoma
Eugenia grandis, Eugenia Jambolana Jam, Jaum
Eugenia preacox	Bogijamukh Jambolana	Hmuipui Hmuifang
Garuga pinnata	Thulmola, Kayengla
Gironniera species	Dudchampa
Kayea assamica	Sia nohor
Kayea floribunda	Karal
Lagerstroemia Parviflora Sida
Lannea grandis	Yengla, Rahimola
Lophoperalum fimbriatum	Sutrong
Mangifera	Am	Theihai
Nyssascessihflora	Gahorisopa
Premna bengalensis	Gahora, Pongta, Gazena, Pakirhar
Sterospermum acenifolium	Hatipoila, Maragoch, Maohubura
Terminalia belerica	Bhomra, Bohera
Vitexpenduncularis, Vitexaltissimma	Ahoi, Bha, Kor, Manwal	Thingkhawilu
Zanthoxylum budrunga	Bajrang, Bajorani
Canarium rasinifeum	Dhuna, Gakildhup,
Canarium Bengalense	Dhuna rata
Tetrameles nudiflora	Bhelu, Tula
Ailanthus grandia	Borpat
E. Class
Albizzia lucida	Moj, Sundi
Albizzia stipulate	Saw, Haris
Alftonia scholaris	Satiana, Satni,	Thuamriat
Anthocephalus cadamba	Baghu, Kadam	Ban
Aperosa Roxburahii	Garokhat, Capanolia
Beilscmhiedia Brandissi, Beilschmiedia Assamica	Amsia, Bonjolukia
Beilschmiedia species	Lukuki
Celtis australis, Celtis species	mauhita
Cryplocarya amygdalima	Bonhonalo
Crylostemon assamicus	Rali
Echynocarpus assimicus	Johahingori, Sita, Bonodorkakoi
Endospermum Chinese	Tarua, Halukchaki, Bondoripoka, Phulgamari
Picus nercosa	Khaipam, Kharipan
Heritiera acuminata, Hibicus, macuphylla	Baroi, Dhamin
Kydia calycina	Pichola
Litsaea Panamonja	Bhuichap
Melia azaderach	Bokain, Ghoranim
Parkia Roxburghsi	Monipurisim, Lonchak
Premna milleflora	Silgamari
Sapium baccotum	Seleng, Bella	Thingvawkpui
Spondias mangifera	Pataria, Sarchamia, Nagachul
Sterculia villosa	Udal
Trewia nudiflora	Polkar, Bhuri, Bora, Pitoli, Laban, Tibin.
F. Class
2. All other species not included in any other classes.

N.B. - Teak and Mohogany-such royalty as fixed by the Executive Committee from time to time.

Class	Rate for logs average 3 feet to less than 4feet 6 inches	4 feet 6 inches and over
	Rs. P.	Rs. P.
A-I (a)	1.00	2.00
A-I (b)	0.60	1.37
A-II	0.50	1.00
A-III	0.50	0.75
B	0.30	0.60
C	0.25	0.35
D	0.20	0.25
E	0.10	0.15
F	0.05	0.05

In classes A-I (a), A-I (b) and A-II, the classification of logs for royalty assessment will be made on measurement at 4' from the largest, but in all other classes the classification will be based on midgirth measurement. The cubic contents of logs will be calculated by multiplying the square of the quarter girth taken in the middle of the log by length of the log.

3. The above rates are for girth measurement taken over bark. For measurement taken under bark add Re. 0.05 per eft. to each rate ; for all dressed poles and logs will be 20 per cent more than the above rates.

4. Rates for sawn timber will be double of the rates given under girth 4' 6" and over irrespective of logs from which the sawn timber has been converted.

5. Payment at log rates will enable the permit holder to remove slabs obtained on conversion without further payment. Payment on sawn timber rates in the forest will enable the purchaser to remove slabs obtained on conversion and these will be sold at rates fixed under Clause 10.

6. Rates for poles.

Class	Per piece of any length	Per 3 ft. and part thereof
Under 1’Rs.	1’ and less than 1’6"Rs.	1’ 6“ and less than 2’Rs.	2’ and less than 2’ 6‘Rs.	2’ and less than 3’Rs.
A-I (a)	0.50	1.00	0.60	1.50	1.75
A-I (b)	0.40	0.80	0.40	1.00	1.35
A-II	0.30	0.60	0.30	0.50	0.70
A-III	0.30	0.60	0.30	0.50	0.70
B	0.20	0.40	0.30	0.30	0.45
C	0.15	0.30	0.15	0.25	0.35
D	0.10	0.20	0.10	0.20	0.30
E	0.05	0.10	0.05	0.10	0.15
F	0.05	0.10	0.05	0.05	0.05

7. Rates for Dugouts :

Length	Class	AmountRs. P.
Under 25 feet	A-I (a)	100.00
	A-I (b)	75.00
	A-II	55.00
	A-III	50.00
	B	20.00
	C	15.00
	D	10.00
	E	7.00
	F	4.00
25' to under 35'	A-I (a)	125.00
	A-I (b)	90.00
	A-II	65.00
	A-III	60.00
	B	23.00
	C	18.00
	D	13.00
	E	9.00
	F	5.00
Over 35'	A-I (a)	150.00
	A-I (b)	100.0
	A-II	75.00
	A-III	70.00
	B	28.00
	C	23.00
	D	15.00
	E	10.00
	F	5.00

Above rates are for each dugout.

8. Rate for slabs :

A-l (a), A-l (b), A-II, A-lll, 6' and below Rs. 0.25 ; 6' to under 12' Rs. 0.50 ; and over 12' Rs. 0.75.

B	6' to under 12'	0.25	12' and over	0.40
C	6' to under 12'	0.20	12' and over	0.35
D	6' to under 12'	0.15	12' and over	0.25
E	6' to under 12'	0.10	12' and over	0.15
F	6' to under 12'	0.50	12' and over	0.10

These rates are for each slab.

9. Rate for charcoal-Re. 0.25 per maund.

1.	Plough pieces for unreserved species converted from branchwood of felled trees	0.15
2.	Plough pieces of reserved species converted from branch woodof felled trees	0.20
3.	Old Gonsoroi stumps of (felled) trees)	0.20
4.	Undressed posts (chapter substitutes for bamboo) of allspecies except Jarul, Jageswar, Cham, Gundroi, Kura, Rata, Poma,Jhoki, Tailo, Sundi, Karal, lam and Ping up to 2' in girth and25' in length	0.15
5.	Chamia (used as post plate and for other purposes) of allspecies except Jarul. Nageswar, Cham, Gundroi, Kurta, Kota, Poma,Jhoki, Tailo, Sundi, Karal, lam and Ping, up to 2' girth and 25'in length	0.15
6.	Husking pole of all species except hard wood	0.15
7.	Husking pole of all species of hard wood	0.20
8.	Paddle or oar of all species up to 5' in length	0.10
9.	Paddle or oar of over 5' in length	0.15
10.	Ish (a part of plough) of all species 9'in length	0.10
11.	Gail (a round wooden vessel for husking paddy) of all speciesup to 3' girth and 18"-20" in length	0.10
12.	Gail (a round vessel for husking paddy) of all species over 3'girth	0.15
13.	Kund (a small dugout for watering paddy field etc.) of allspecies up to 10' in length	0.50
14.	Kund (a small dugout for watering paddy field etc.) of allspecies over 10' in length	1.00
15.	Plough of all species	0.50
16.	Poles (for fencing paddy fields and homestead lands againstanimals of all species up to 6' in length and 15” in girth	0.15 per 100

II. Rates for minor forest produce

11. Bamboos-

		Rs.
Bambusa vulgaris	Bariala	7.50
Bambusa tulda-jati	Mirtenga	5.00
Bambusa Pallida	Haill jati, Bijli	3.75
Bambusa balcooa	Barua, Bhaluka	7.50
Dendrocalamus hamiltonii	Karop, Pecha	2.00
Dendrocalamus stricuts	Male Katabans	5.00
Pseudostachyum-Polymorphum	Bajal	1.00
Teinortachyum dullo	Dalu	1.50
Melocanna bambusoides	Muli	2.00
Other bamboos 2 inches and above in dieambeter		1.50
Other bamboos 2 inch and above in diameter		0.75
Other bamboos less than 1 inch, in diameter		0.50

Above rates are per hundred in each case: where diameter is mentioned the diameter should be taken at thickest end.

12. Sun or thatching grass :

1' girth	Rs. 3.75 per 1000 bundles.
1-½' girth	Rs. 8.50 per 1000 bundles.
2' girth	Rs. 15.00 per 1000 bundles.

13. Cane:

Calamus guruba	Sundi
Calamus tenuies	Jati, Jali
Calamus flagellum	Raidang	Rs. 0.25 per 240 rft.
Calamus latifolius	Houka, Horna
Deemonorps jenkinsianus	Golla
Calamus leptospadix	Tita	Rs. 0.20 per 240 rft.
Calamus floribundus	Lejai	Rs. 0.10 per 240 rft.

All above rates are for whole canes.

14. Ekra and other reeds :

Up to 6 inches girth	Re. 1.00 per 100 bundles
Over 6 inches in girth to 1' girth	Rs. 3.00 per 100 bundles
Over 1' to 1-½' girth	Rs. 6.00 per 100 bundles

15. Sand and Boulder:

Rs. 2 and Rs. 4 per 100 cft. respectively.

16. Gravel, broken stone and shingle :

Rs. 4 per cft.

17. Square stone and clay :

Rs. 4 and Rs. 2 per 100 per cft. respectively.

18. Roofing leaves :

Toko at Re. 0.65 per, 1,000 leaves.Jeng and other leaves Re. 0.35 per, 1,000 leaves.

19. Increase and decrease of any of the rates is vested in the Executive Committee to a limit of 25 per cent of decrease and 25 per cent of increase according to distance and difficulties of extraction.

20. All other forest produce not listed above will be charged royalty at 12-½ per cent ad valorem.

Appendix IVLicence to purchase was from Council Forest in the Autonomous Mizo District

Fee Rs. 3
No. of Book	No. of Licence

Subject to the provisions of Section 9 of the Mizo District (Forest )Act, 1955, this licence to purchase wax has been granted for one year from to both days inclusive, under the conditions specified on the reverse.To....of........Circle....District.....Dated the..........20.Signature and designation ofthe Officer granting the licenceThe conditions under which this licence in granted, are-

(i)that the licence is not transferable.

(ii)That the licence shall always be in the personal possession of the licensee when purchasing wax.

(iii)That the licence shall be returned either to the Executive Committee or to the officer by whom it was issued, within one week, or before the date on which the period for which it was issued, expires.

Breach of any of the conditions under which the licence is granted or of any of the provisions of the rules which it was issued, will render the licence liable to forfeiture and the holder thereof to the punishment provided in the Act.Appendix VBoundaries of the Town Forest Reserve of Aijal TownThe boundary starts at the 2nd mile stone of the Aijal-Dwarbond Road and goes down the Dwarbond Road to the Chaltlang kawn; thence along the Champai Road to Zemabawk; thence along the Champai Road to the Dhobi nalla garden. It then follows down the Chite lui to a point where a jhum road crosses it about one mile below the Government garden where a stone is placed. It follows the jhum road to the Tuikhur lui to its source at the Thakthing Bazar. Thence along the Lungleh Road to the Kulikawn it crosses the kawn and comes to the source of the Sihpui lui just in front of Pika's house, down the stream to the upper sihpui tiuikhur. Thence on straight line to the stream of Ngaizel tuikhur. Up the Ngaizel tuikhur to a hill between Hmara and Thaphunga's house. Thence to the source of the Kuliawn tuikhur. Down the Kulikawn tuikhur to the Mission veng lui to its junction with a stream which takes its rise from the Chawlhhmum tlang; thence along the path to the Sedaikawn. Crossing the kawn to the source of the Sedai lui to the Vaiveng lui. Down the Vaiveng lui to its junction with a stream. Up the stream to the saddle between the Pensioner veng and Maubawk, across the kawn to the source of the tributary of the Hmeichhe veng tuikhur; down the tuikhur to the Tuikual, up the Tuikual to the mouth of Hnimtheilo lui a small stream where a stone is placed. Thence it ascends the Hnimtheilo stream and passing below Chandra Lohar's house comes to the saddle on the ridge in front of a Gurkha blacksmith behind the hillock ; above Vaivakawn where a stone is placed. Thence to Sriman Tilla along the path along the edge of the gardens to a stone at Sriman Tilla. Thence it descends to the Sairang Road at the one mile forlongs ; where a Charpui stands then it runs down a stream just below it (Charpui) it thence runs up to the Pather Khana spur including the Nganbawn ngaw where boundary stones are erected and thence to Raltawna's Leilet. Thence it follows a cattle path at a point where a stone is placed to Ratanmal's leilet. Then following up the stream north of the leilet to the saddle on the southern entrance of Chaltlang meeting the starting point of the boundary.Appendix VIReceipt Book[In triplicate]Forest Department Receipt............Mizo District Council No........... Date.............Received from ..........the sum of Rs............. in cash on account of........... in.......... payment......... Rs..............Designation.

Legal Document View

Unlock Advanced Research with PRISMAI

State of Mizoram - Act