State of Punjab - Act
Forest Rules
PUNJAB
India
India
Forest Rules
Rule FOREST-RULES of 1923
- Published on 26 September 1923
- Commenced on 26 September 1923
- [This is the version of this document from 26 September 1923.]
- [Note: The original publication document is not available and this content could not be verified.]
1. General Powers. - The Chief Conservator of Forests and all Conservators, Deputy Conservators, Assistant Conservators, Extra Assistant Conservators, Forest Rangers, Deputy Rangers, Foresters and Forest Guards are appointed to do all acts and exercise all powers that are prescribed by the Act, or by rules made under it, to be done by a Forest Officer or by any Forest Officer.
2. The Forest Officers mentioned in the first column of the following Schedule shall exercise the powers under the sections of the Act mentioned in the second column of the same opposite each class of officers, respectively :-
| Class of officers empowered | Section of the Act under which powers are given | Brief discription of nature of powers conferred |
| I. All Deputy Conservators, Assistant Conservators and ExtraAssistant Conservators, when in charge of Forest Divisions | 20 | To publish translation of notifications of reserved forests. |
| 25 | To notify seasons during which the kindling, etc., of fireis not prohibited. | |
| 45 | To notify depots for drift timber, etc. | |
| 60 | To direct release of property seized. | |
| 82 | To take possession of and sell forest produce for Governmentuse. | |
| II. All Deputy Conservators, Assistant Conservators andExtra Assistant Conservators | 46 | To issue notice to claimants of drift timber, etc. |
| 47 | To decide claims to drift timber, etc. | |
| 50 | To receive payments on account of drift timber, etc. | |
| III. All Deputy Conservators, Assistant Conservators andExtra Assistant Conservators, Forest Rangers, Deputy Rangersand Foresters when specially authorised in that behalf by theChief Conservator of Forests or Conservators of Forests. | 25 | To permit acts otherwise prohibited in reserved forests |
| 33 | To permit acts otherwise prohibited in protected forests. |
3. The Chief Conservators of Forests and Conservators of Forests are empowered to exercise all or any of the powers conferred in the following schedule.
4. The Chief Conservator of Forests and Conservators of Forests are empowered under section 24 of the Act, with the previous sanction of the Commissioner of the Division, to stop ways and water courses in reserved forests, subject to the provisions of that section.
5. Powers to compound offences. - [All officers of the Forest Department of a rank not inferior to that of Probationary Extra Assistant Conservator are invested with the powers described in section 67 of Act VII of 1878.]
6. Powers to compel attendance of witnesses, to issue search warrant and to record evidence. - [Forest Officers serving in the Punjab are invested with powers under section 71(b), (c) and (d) of Act VII of 1878 as described in the following schedule] :-
| Class of officers empowered | Section of the Act under which powers are given | Brief discription of nature of powers conferred |
| I. Conservators of Forests and all Divisional ForestsOfficers, provided that such officers hold substantive rank notlower than that of Assistant Conservator of Forests or ExtraAssistant Conservator of Forests, and that they have passed theprescribed tests in Forests Law and in Urdu by the HigherStandard | 71(b) | Powers of a Civil Court to compel the attendance of witnessesand the production of documents |
| II. Conservators of Forests | 71(c) | Power to issue a search warrant under the Code of CriminalProcedure *[-] |
| III. Conservators of Forests and all officers of and abovethe rank of Assistant Conservator of Forests or Extra AssistantConservator of Forests : provided that they have passed theprescribed tests in Forests Law and in Urdu by the HigherStandard. | 71(d) | Power to hold an enquiry in Forest offences and in the courseof such enquiry to receive and record evidence |
7. These powers shall be exercised within the circle or division, as the case may be, to which an officer is posted from time to time.
Powers under section 71(c) of the Indian Forest Act, 1878, can be given to Forest Officers not below the rank of Assistant Conservator of Forests or Extra Assistant Conservator of Forests by name with the sanction of the Punjab Government, provided that such officers are in charge of a Forest Division. [vide Conservator's No. 1265, dated 2nd June, 1913, and Punjab Government No. 333 (Forests), dated 5th August, 1913].8. Powers of Forests Officers to be Public Prosecutors under section 492 of the Criminal Procedure Code, Act V of 1898. - [All Forest Officers of and above the rank of Forester are appointed to be public prosecutors within the limits of the Forest Division in which they are serving in respect of cases in which the Forest Department is the complainant.]
9. Powers of Forest Officers to be Public Officers under section 29-A of the Courts Fees Act, 1870, as amended by the Courts Fees (Punjab Amendment) Act, 1939. - [All Forests Officers not below the rank of Range Officers shall, when preferring any complaint of an offence under section 9 of the Punjab Wild Birds and Wild Animals Protection Act, 1833, be deemed to be public officers for the purpose of sub-section (1) of section 29-A of the Court Fees Act, 1870, as amended by the Court Fees (Punjab Amendment) Act, 1939.]
10. Forest Officers of a rank not inferior to that of Extra Assistant Conservator, serving in the Punjab, shall, from the date of this notification, exercise the powers mentioned in sub-section (1) of section 68 of the Indian Forest Act, in respect of offences under the Punjab Land Preservation (Chos) Act, 1900.
B. - (a) Appointment of Rakhas and others in the Kangra District to be Forest Officers1. [All Rakhas or village forest watchmen in the Kangra District are appointed to do all acts and exercise all powers that are prescribed by Act VII of 1878 or by the Rules made under it to be done or exercised by a Forest Officer or by any Forest Officer.]
2. [All kotwals, Negis, village headman, village watchmen and all lambardars of Phatis in Kangra District are appointed to be Forest Officers within the meaning and for the purpose of sections 64 and 78 of Act VII of 1878.] [Notification No. 589, dated 4.12.1900.]
3. [All forest Rakhas in the Kangra District are appointed to be Forest Officers within the meaning and for the purpose of] [Notification No. 425, dated 6.10.1908.] [sections 64 and 78 of Act VII of 1878.] [Notification No. 2743-Ft., dated 26.9.1941.]
4. [All Forest Officers employed by Co-operative Forest Societies in Kangra District are appointed to be Forest Officers within the meaning and for the purpose of sections 52, 56, 65, 66 and 79 of the Indian Forest Act, 1927.] [Notification No. 2754-Ft., dated 26.9.1941.]
5. [All Rakhas employed by Co-operative Societies in the Kangra District are appointed to be Officers within the meaning of and for the purposes of sections 64, 66 and 77 of the Indian Forest Act, 1927.] [Notification No. 2754-Ft., dated 26.9.1941.]
6. [All lambardars and village watchmen of the Punjab, Lohara and Dhrui Tappas, in the Hoshiapur District, are appointed to be Forest Officers within the meaning and for the purpose of sections 64 and 78 of Act VII of 1878.] [Notification No. 165, dated 27.3.1901.]
7. [All Rakhas in the service of Village Forest of Reclamation Co-operative Societies registered under the Co-operative Societies Act, II of 1912, in the Hoshiarpur District shall be appointed to do all acts and exercise all powers that may be done and exercised by a Forest Officer under the Indian Forest Act, 1927, or under any rule made thereunder.] [Notification No. 3859-Ft., dated 14.9.1940.]
8. All Rakhas in the employment of Court of Wards estates in Hoshiarpur District shall be appointed to do all acts and exercise all powers that may be done or exercised by a Forest Officer under the Indian Forest Act, 1927, or under any rule made thereunder.
Appointment of Rakhas in Revenue District as Forest Officers [Notification No. 4092-Ft., dated 31.12.1941.]9. In exercise of the powers conferred by sub-section (2) of section 2 of the Indian Forest Act, XVI of 1927, the Governor of the Punjab is pleased to appoint the Rakhas employed by landlords for the protection of their private lands notified under section 38 of the Indian Forest Act in the revenue districts specified in the schedule hereto annexed to do anything required by this Act or any rule made thereunder to be done by a Forest Officer :-
Schedule
| Serial No | Revenue district | Executive Forest and Soil Conservation charges |
| 1 | Gurdaspur | |
| 2 | Kangra | Kangra Forest Society Division |
| 3 | Hoshiarpur | Hoshiarpur Forest Division |
| 4 | Ambala | Ambala/Gurgaon Soil Conservation Division |
| 5 | Gurgaon | Ditto |
1. All Revenue Officers below the Rank of Tehsildars and all Police Officers up to and including Inspectors, all Forest Officers below the rank of Extra Assistant Conservators and Forest Officer Clerk and messengers, as well as persons who are not public servants are eligible for rewards under these rules.
2. On conviction of an offender, or on directing the confiscation of property under section 56, the Magistrate by whom the case has been decided is authorised to grant such reward and in such proportions as he may think fit, to any person or persons who have contributed to the seizure of the property confiscated, or the conviction of the offender; provided that the total amount of the reward shall not exceed the estimated value of the property confiscated plus the amount of any fine imposed.
3. If in any case the fine and the proceeds of the property confiscated cannot be immediately realized, the Magistrate deciding the case shall at once pay the reward (provided that it does not exceed Rs. 100). If in any case the Magistrate considers that more than Rs. 100 should be distributed as rewards, he shall distribute Rs. 100 at once, and shall submit his recommendation for a larger reward, through the Conservator of Forests concerned, for the orders of the Punjab Government, giving seasons for the same.
4. In case the Magistrate has not at his disposal a fund out of which the reward can be paid, or in the case of an order of confiscation where by law the Forest Officer takes charge of the property, the Forest Officer of the Division shall on requisition furnish the Magistrate with the necessary funds.
5. In any case the rewards shall be paid within the limit and under the sanction provided in rule 6, even though the fine may not have been realized. In cases in which the Forest Officer has furnished the funds under the rule, the fine on recovery be paid over to him.
6. If after payment of the reward the conviction is reversed in appeal, the amount paid away in reward shall not be recovered from the persons to whom it has been paid unless it shall appear that they have acted fraudulently in the case.
7. In cases where, under section 67 of the Indian Forest Act, a Forest Officer has accepted a sum of money as compensation for any damage which may have been committed, the Conservator of Forests concerned may authorise the payment of a portion of the amount realized (not exceeding three-fourths) as a reward to any person or persons who may have contributed to the discovery of the offender.
D. - Shooting, Hunting and Fishing RulesGeneral rules regarding shooting, hunting and fishing in Reserved and Protected Forests under section 25(i) and section 31(i) of Act, VII 1878.1. The setting of snares and traps, the use of small-mesh nets to catch, or of dynamite to destroy fish, and the poisoning of water, are prohibited.
2. Hunting or shooting with elephants and with large parties of beaters is prohibited.
3. The Conservator of Forests may declare and publicly notify any Reserved or Protected Forests or portion of such forest to be altogether closed against hunting, shooting and fishing for such periods as may be necessary when it is desirable in his judgment so to close such forest or portion of forest.
[Rules to regulate shooting and hunting in all Reserved and Protected Forests of every class in the Kangra District under Clause (j) of Section 32, Clause (d) of Section 76 and Clause I (i) of Section 2 of the Indian Forest Act, 1927.] [Vice Punjab Government Notification No. 530-Ft., dated 27.5.1939.]1. Short title. - These rules shall be called "Rules for the regualtion of shooting and hunting in the forests of the Kangra District."
Extent. - These rules shall apply to all reserved and protected forests of every class in the Kangra District.Definition. - In these rules the term "big game" denotes the following species of mammalia :-| Sl. No | English name | Scientific name | Kangra name | Kulu name |
| 1 | 2 | 3 | 4 | 5 |
| 1 | Himalayan Ibex | Capra sibirica | Tangrol | Katorol Tangrol (Spiti), Skin (Lahaul) |
| 2 | Tahr | Hemitragus | Kart | Kart Korth (M). |
| Jemlaicus | Meshi (F) | Bakri (F) | ||
| 3 | The great Tibetan sheep or Nyan or Argali, misnamed Ovisammon by sportsmen | Ovis, hodgsoni (Ovis ammon hodgsoni) | Nian. | |
| 4 | The Blue Wild Sheep or Bharal | Ovis Nahura (Pseudois nahoor) | Miatu. | |
| 5 | The Himalayan Goat Antelope or Serow | Nemorhaedus bubalinus (Capricornis sumatrenis) | Goa | Yamu., Emu. |
| 6 | Goral | Cemes goral (Nemorahedus goral) | Pij Ban Bakri Ghrorrur | Ban Bakri Gurrar, Ghoral, Ghurral, Gudh. |
| 7 | * | * | * | * |
| 8 | Hog Deer | Cervus porcinus(Hyelaphus porcinus) | Para | |
| 9 | Barking Deer or Muntjac | Cervulus muntjac (Muntiacus muntjak) | Kakar | Kakar |
| 10 | Musk Deer | Moschus moschiterus | Kastura Taunsa Bina | Bina, Kastura Raonwi (F.) Ranwhin (F.) |
| 11 | Blue Bull and Nilgai | Boselphus Tragocamelus | Nilgai, Bangai, Raj | |
| 12 | Brown Bear or Snow Bear | Ursus arcots isabellinus | Brahbo Lagru | Rotta Bhalu., Rata Balu., Bhird., Brabhu. |
2. Prohibition of snares traps and nets. - The setting of the Jul or Jhal net or any other traps, nets or snares is absolutely prohibited. Provided that this rule does not apply to the traping of musk deer, or the snaring of goshawks and sparrow hawks, which are governed by rule 7, or to the trapping and snaring or otters against which there is no restriction.
3. Probihition of driving in snow. - The driving and killing of big game in snow is absolutely prohibited.
4. Big game licences. - The shooting of big game is absolutely prohibited, except under a licence to be granted by the Divisional Forest Officers. Provided that no officers, British or Gurkha, serving with any Gorkha Regiment station for the time being in Dharamsala, shall be required to take out a licence under this rule, except for the purpose of shooting big game in the Kulu Sub-Division or Bara or Chota Banghal. Such officers will, however, be subject to the prohibitions and restrictions contained in the provision to Rule 6 below, and will not be entitled to shoot big game in areas closed to sport by the Conservator of Forests.
5. Free Licences. - The Conservator of Forests may, at his discretion, grant a fixed number of free licences every year to enable serving riflemen and non-commissioned officers of any Gurkha Regiment stationed in Dharmsala to shoot big game in the Kangra District, excluding Aara and Chota Banghal and the Kulu Sub-Division . These licences will be issued in the name of the Commanding Officer of the battalion concerned and will be subject to the conditions mentioned in rule 6.
6. Big game licences. - The following licence fee will be charged :-
| Rs. | ||
| Kulu | .. | (a) 30 (for animals other than brown bear). |
| ... | (b) 40 (for the brown bear in addition to other animals) | |
| Lahaul | .. | 30 |
| Spiti | .. | 30 |
| Bara Banghal | .. | 30 |
| Chota Bhangal | .. | 30 |
| Rest of Kangra | .. | 5 |
| (1) | Ibex or Tangrol (Capra sibirica) | 1 | (Kulu and Chota Banghal. No head to measure less than 30".) |
| 2 | (Lahaul and Bara Banghal. No head to measure less than 30"). | ||
| 3 | (Spiti. No head to measure less than 30"). | ||
| (2) | Nyan Ovis Hodgson (Ovis ammon hodgsoni) | 1 | (Minimum head 38"). |
| (3) | Bharal (Ovis nahura) Pseudois nahoor | 2 | (Kulu and Lahaul. Minimum head 20"). |
| 4 | (Spiti, Minimum head 20"). | ||
| (4) | Goral (Cemes goral) Nemorhaedus goral | *3 | (with minimum length of horn 4 inches, 1313-Ft., dated11th July, 1944. |
| (5) | Tahr and Kart (Hemitragus jemlaicus) | 2 | (Minimum head 10"). |
| (6) | Serow or Yamu (Nemorhaedus bubalinus) (Capricornissumatrensis) | 1 | (No limits). |
| (7) | Barking deer (Cervulus muntjac (Muntiacus muntjak) | *2 | (With minimum length of horn 4 inches, including pediceli) |
| (8) | Brown bear (Ursus arctos isabellinus) | 1 | (except in Bara Banghal where 2 may be shot only when withoutcub or cubs) |
| (9) | *Hog deer (cervus pornicus) (Axix axis) | 1 | (With minimum length of 12 inches). |
7. Musk deer, hawks. - The shooting of musk deer both male and female, is prohibited, and no such animal may be taken except as provided by the terms of the Forest Settlement, or under licence of the Assistant Commissioner, Kulu Sub-Division. The taking or sharing of goshawks and sparrow-hawks is prohibited except under terms of the Kulu and Kangra Forest Settlements and in the case of the Kulu Forest Settlement under licence of the Assistant Commissioner, Kulu. All such licences issued for the trapping and snaring of musk-deer or of goshawks and sparrow-hawks shall specify the kind of trap or snare to be employed other than the jul, which is prohibited by rule 2, and the manner in which it is to be set.
8. Special permission as to licences. - Licences to shoot big game will remain in force for twelve months from 1st January of the year of issue and are not transferable. Every licence must be returned to the office of issue within a fortnight of the date of its expiry or earlier and the licence- holder must endorse upon it the number and kind of big game killed. The Conservator of Forest may (a) in the case of residents of Kulu other than officials, issue a family licence to cover shooting by all members of the family of the holder residing in his house, and (b) in the case of officers travelling on duty issue a temporary permit for a period not exceeding 30 days on payment of Rs. 5. The, number of animals which may be killed under a family licence is restricted to the number fixed in rule 6.
9. Application for licences. - Applications for licences should the sent by registered post to the Divisional Forest Officer, Kulu, or to the Divisional Forest Officer, Kangra Forest Division [or to the Divisional Forest Officer, Kangra Forest Societies Division] [Inserted by Punjab Government Notification No. 660-F., dated 13.3.1944.], according to the locality in which it is proposed to shoot. Applicants for a shooting licence in Kulu should state whether they require either an (a) licence or a (b) licence mentioned in rule 6.
The Conservator of Forests may at his discretion limit the number of licences to be in force at any one time.Note - Bare Banghal and Chota Banghal are in Kangra [Forest Societies] [Inserted by ibid.] Division ; Lahaul and Spiti are in Kulu Division. All forests lying west of Banghal are in Kangra Division.10. Employment of shikaris. - All holders of licences to shoot big game in Kulu and Lahaul must employ a Shikari registered on the list of shikaris maintained in the Divisional Forest Office at Kulu. A copy of this list will be sent to each person with this licence. The Divisional Forest Officer Kulu, may at his discretion refuse to enter any name on this register, and may strike off any name therefrom. No man not so registered may be employed as a shikari. The yearly registration fee is Re. 1, in exchange for which a badge and certificate will be issued.
11. Penalties. - Breaches of these rules are punishable under sections 26(i) and 33 of Act XVI of 1927.
12. Rights of the Rai and Rupi. - Nothing in these rules shall be deemed to interfere with the recorded "sporting rights" of the Rai and Rupi within the limits of his own jagir.
13. Sheep killers. - Nothing in these rules shall prevent the destruction of any brown beer known to be a sheep killer, either in defence of property or life or with the written permission of the Divisional Forest Officer.
14. A list of forests closed to all sport by the Conservator of Forests shall be published in the official gazette, and a copy attached to all licences issued. Copies shall also be hung up in the offices of the Deputy Commissioner and the Divisional Forest Officer.
15. A licence may be cancelled at any time by the officer granting it, or by the Conservator of Forests. Any breach of the Forest Act, or of any rule made under the Act, if committed by the holder of the licence or any of his retainers or followers, shall render the licence liable to cancellation. Licences are liable to be declared invalid in regard to any particular forest or in case of interference with forest work.
16. The holder of a licence is not exempted from liability under the Forest Act or any other law for anything done in contravention of such Act or law, or for any damage caused by him, his retainers or followers.
Note. - Sections 26(1)(i) and 33(1)(h) of the Forest Act prescribe penalties for breach of these rules and section 68 of that Act empowers the Divisional Forest Officer to compound any such breach on payment of a sum of money.Big Game LicenceForest Department, Punjab| No. | of | |
| (Forests) | dated | |
| to shoot big game within the Government forests of| KuluKangra| for the period of twelve months from the _________________ |
| (Signature) | ||
| 1 | Tiger | ...... | Felis tigris. |
| 2 | Leopard | ..... | Felis pardusr |
| 3 | Sambhar (cervus unicolor) | ..... | Rusa unicolor |
| 4 | Chital (cervus axix) | ..... | Axis axis |
| 5 | Barking Deer or Kakar (cervulus muntjac) | ..... | Muntiacus muntjak |
| 6 | Goral (Cemus goral) | ..... | Memorhaeus goral |
| 7 | Pig | ..... |
2. The shooting and hunting of big game and game birds in the Kalesar reserved forest in prohibited except under licence to be granted by the Divisional Forest Officer, Simla Forest Division, subject to the following provisions :-
| Tigers | 2 |
| Sambhar (Male only) | 5 |
| Chital (Male only) | 5 |
| Barking Deer (Male only) | 5 |
| Goral (Male only) | 5 |
| *[Sambar (Male) | one | minimum length of horn 30 inches) | No stag with horn invelvet may be shot |
| Chital (Male) | one | minimum length of horn 30 inches) | |
| Barking Deer (Male) | one | minimum length of horn 4 iniches including pedicel) |
| Goral (Male) | one |
| Pigs | Without limit. |
| Leopards | Without limit. |
| Small Game | Without limit. |
3. Licence in forms (a) and (b) shall not be issued for a period longer than one week, and not more than one licence of each kind shall be granted to any person during one calender year. Licences in form (c) shall be valid for one year from the date of issue subject to the above-mentioned periods.
4. No application for a licence shall be considered more than one month before the period for which the licence is required.
5. The driving of game is absolutely prohibited, except tigers and leopards.
6. A report of all big game wounded or killed shall be made by the licence-holder to the Forest Ranger in charge of the Kalesar Reserved Forest before leaving the forest and the licence duly endorsed thereon with the game shot, shall also be returned by the licence-holder by post to the Division Forest Officer, Simla Forest Division, Simla, as soon as possible after he has left the forest.
7. No game may be shot during the period from half an hour after sunset to half an hour before sunrise, neither game may be shot from any wheeled vehicle.
Note. - Names given in brackets in paragraph 1 are latest classification taken from Lydekker's Fauna.[Rules to regulate the hunting and shooting of and the setting of traps and snares for the capture of Small Games in the Punjab under Clause (j) of Section 32 and Clause (d) of Section 76 of the Indian Forest Act, 1927.] [Vide Punjab Government Notification No. 534-Ft., dated 27.5.1939.]1. Short title and extent. - These rules shall be called the "Punjab Forest Small Game Rules, 1959". They apply to all reserved and protected forests of every class in Punjab (other than those in which special sporting rights have been recorded under the Forest (Settlements).
2. Definitions. - In these rules the term "small games" denotes the following species:-
| Serial No. | Scientific name | English name | Vernacular name | Period during which the shooting of game under licence ispermitted |
| 1 | 2 | 3 | 4 | 5 |
| 1 | Crocopus Phoenicopeterus | The Green Pigeon | Kandeil, harrial kokla, latta, nilsar guggu, guya | |
| 2 | Sphenocercus sphenrus | The Wedge tailed Green Pigeon | ||
| 3 | Columba livia | The Blue Rock Pigeon | Kabutar | 15th September to 15th March |
| 4 | Columba rupestris | The Blue Hill Pigeon | ||
| 5 | Columba penas | The Eastern Stock Pigeon or Dove | Salara kabutar Kamarkular | |
| 6 | Columba leuconota | The while bellied or Snow Pigeon | Bhusli, bujul, Ahujriapia, charan, luku | |
| 7 | Dendrotreren hodgsonnii | The Speckled Wood Pigeon | Kamlowa, Chittal | |
| 8 | Streptopetia | Refous Turtle Dove | Kamlowa, Chittal Kabutar Kabutar, Laber | |
| 9 | Colum ba palumbus | The Eastern Wood Pigeon or Ring dove | Dhond, Kabutor | 15th September to 15th March |
| 10 | Streptopelia Chineusis | The Indian Spotted dove | Ghugi, fakhta tottru, chhota fakhta | |
| 11 | Streptopelia decaocto | The Indian Ring dove | Ghuggu, fakhta, ghaggil, panduk, geyrra | |
| 12 | Pavo oristasus | The Common Peafowl | Mor, manjha bodar | 15th September to 1st March |
| 13 | Gullus bankiva | The Common Red Jungle fowl | Jangli murghi ban kukar kukar | |
| 14 | Catreus wallichit | The Chir Pheasant | Chir chrihi cheman chair | |
| 15 | Cereornis macrolophus | The Pukras or Koklas Pheasant | Koklas, khwakta, phokrns plachh Khwakah | |
| 16 | Gennaeus hamiltonli | The white-crested Kali | Khosle, halij, kalesha | 1st October to 15th March |
| 17 | Lophophoros impejanus | The Impeyan Pheasant or Monal | Monal, karrari, nil, bod, narel, neroala, nilwal | |
| 18 | Tragopan melanocephalus | The Western Horned Pheasant | Phulgar, jaji, jijurana, jowar | |
| 19 | Perdicula asiatica | The bush quai | Lowal, lawa, batol, batoli, choonuk | 15th September to 15th March |
| 20 | Arborophil torqueolo | The Hill Partidge | Piora, pimera, pahari titar ban titar | |
| 21 | Alectoria groeca | The Chukar or Chikor | Chukor, chukra onakur, khonk, kanuk kakh chahru | |
| 22 | Ammoperdix griseogularis | The See see Partidge | Sisi, sasi, sussi, kakki, chaukla | 15th September to 1st March |
| 23 | Francolinus francolinus | The Black Patridge | Kala titar, koddi titar | 1st November to 1st March vide Government Notification No.430-C, dated 2nd February, 1937 |
| 24 | Francolinus pondicerianus | The Grey Patridge | Titar, titur, bagga titar patila | |
| 25 | Tetraogallus himalayensis | The Himalayan Snow Cock | Golind, golannd, lip lipya | |
| 26 | Tetracgallus tibetanus | The Tibetan Snow Cock | Golind, golaund gourkagu | 1st October to 15th March |
| 27 | Lerwa lerwa | The Snow | Ram chakru, Ram chukor, tillu, doedu, chakru | |
| 28 | Turnix macumieri | The tittle Button Quail | Lawa, chhota, Lawa | 15th September to 1st March |
| 29 | Turnix | The Indian Botton Quail | ||
| 30 | Scolopax rusticola | The Wood Cock | Simkukri, jalakri jul kukri, smukukri | 15th September to 15th March |
| 31 | Capella nemoricolo | The Wood Snipe | Burru chaha, Sun kukri, chanh Jalakri | |
| 32 | Capella solitaria | The Eastern Solitary Snipe | ||
| 33 | Capella gallinago | The Common of Fantial Snipe | ||
| 34 | Capella stenura | The Pin-tail Snipe | Chah, jalakri | 15th September to 1st April |
| 35 | Capella media | The Great Snipe | ||
| 36 | Lymnocryptes minima | The Jack Snipe | Chota chaha | |
| 37 | Rostratulo bengalensis | The Painted Snipe | Rangila chaha, chabarcha | |
| 38 | Lepus ruficaudatus | The Common Indian Hare | Khargosh, seru, charru susya sasu, seha, saiyah sahu | 15th September to 31st March |
| 39 | Lepus hypsibius | The Upland Hare | Ditto |
3. The snaring, trapping and netting of small game is prohibited.
4. The shooting of small game is prohibited except as provided for in rule 6 and in column 5 of the schedule to rule 2.
5. No person shall destroy or take the eggs or nests of any small game without the permission of the Divisional Forest Officer concerned.
6. A licence, for which the sum of Rs. 5 will be charged will permit the holder to shoot small game in any forest not closed to sport by the Conservator of Forests subject to the seasons mentioned in column 5 of rule 2. This licence shall be valid for the period 15th September to 15th March. Such licence may be granted by the Divisional Forest Officer of the division in which the licensee intends to shoot.
7. Any person, who holds a licence to shoot big game in the Kangra District, shall be entitled to a shoot small game, in the forests within this area, without a small game licence subject to the seasons mentioned in column 5 of rule 2.
8. The Conservator may, from time to time, limit the number of small game licences to be issued and the maximum number of each kind of game to be shot by the holder of a licence in one day, and may from time to time prohibit shooting in any particular forests or the shooting of any particular kind of small game for a period not exceeding three years with the concurrence of the Deputy Commissioner.
9. Shooting of roosting birds is strictly prohibited.
10. The holder of a licence under these rules may use dogs for the purpose of flushing and retrieving birds and hares.
11. Nothing in these rules shall be deemed to interfere with the recorded sporting rights of jagirdars within the limits of their own jagirs.
12. A licence may be cancelled at any time by the officer granting it, or by the Conservator of Forests. Any breach of the Indian Forest Act, 1927, or of any rule made thereunder if committed, by the holder of a licence or any of his retainers or followers, shall render a licence liable to cancellation. Licences are liable to be declared invalid in respect of any particular forest in the case of fire breaking out in any part thereof or in the case of interference with forest work.
13. The holder of a licence is not exempted from liability under Forest Act or any other law for anything done in contravention of such Act or law, or for any damage caused by him, his retainers or followers.
E. - River RulesRules regulating launching, collection and rafting of timber and the registration of timber property marks, under section 41 of the Act XVI of 1927.1. Unless there is anything repugnant in the subject or context the word 'timber' used in these rules shall be deemed to refer to the timber of deodar, kail, chil, spruce and sliver fir and not to timber of other trees. Other words used in these rules and defined in the Indian Forest Act, 1927, shall be deemed to have the meaning respectively assigned to them by the said Act.
2. No person having launched his timber, or set it afloat on any river, shall collect the same, except :-
3. No person shall raft, or otherwise convey, any timber which has been collected on any river without first obtaining a pass from such the Forest Officer in charge of the Forest Division in which such river is situate, or from such subordinate Forest Officer as the officer-in-charge of the Forest Division may authorize in that behalf.
Such pass shall show the number of logs or pieces, the kind of timber, the marks indicative of the owner's property therein, the place of its destination, and the time for which it shall remain in force. It may specify that the timber may be stopped for examination at certain places to be named in the pass, and the Forest Officer may require the measurements of the timber (when such is practicable) and its estimated value to be entered.No pass shall be issued for any unmarked timber, or for such timber as bears a mark not registered as hereinafter provided :Provided, that when any reason having timber in transit on a river, at the date of the publication of these Rules, applies for a pass for such timber within six months from such date, such pass may be granted, though the marks on such timber have not been registered.Any Forest Officer may require any person rafting or conveying timber as aforesaid, to produce the pass for the same at any time. No person shall be entitled to raft or convey timber by virtue of a pass which he does not himself hold, but which is, or is stated to be, in the hands of some other person.In the event of the pass not being produced, the Forest Officer may detain the timber.In the event of the time mentioned on the pass as that for which it shall remain in force having expired before arrival at its destination of the property covered by the pass, the Forest Officer in charge of the division may extend the period during which the pass shall be further valid for such time as he may think proper at a charge not exceeding 25 per cent of the fees chargeable under Rule 5.Any right-holder in Kangra District, who has obtained timber for the construction of his house or farm buildings in accordance with his rights thereto under the Kangra and Kulu Forest Settlements or cut in his own land may convey such timber by a direct route across the Beas river and its tributaries without a pass.4. No person is permitted to deposit any timber for which a pass has been applied, but not yet issued, so close to the water's edge so as to endanger its being carried away by a rise in the river before the pass is issued.
5. For the issue of the pass a fee not exceeding four annas for each log or piece of round timber and two annas for each sawn or axe cut scantling may be levied on such rivers and at such places as the Chief Conservator of Forests may from time to time direct. [Punjab Government Notification No. 31, dated 6.1.1942.]
6.
7. All persons wishing to float or otherwise convey timber by any river shall register, at the Forest Office of the Division to which the control of the river pertains, the mark or marks which indicate their proprietary right in such timber. A registration fee of five rupees shall be payable for every separate mark so referred; and if the number of marks exceed three, the said fee shall be ten rupees for each mark.
8. In the case of persons having at the date of the publication of these Rules timber in transit on any river, a period of six months from such date shall be allowed within which the timber marks existing at such date on such timber in transit may be registered.
Subject only to the provisions of Rule 10, the Forest Officer shall, during such period, be bound to register all such marks as owners of timber can show to his satisfaction to have been already made use of and put on their timber previously to the publication of these Rules; but no such owner shall be entitled to register any new or additional marks without the special permission of the Forest Officer.9. In the case of persons not having, at the date of the publication of these Rules, timber or other forest produce in transit on any river marked with several different marks the registration of one mark only shall be permitted, unless permission be given for any special reason to register more than one.
10. No person shall be allowed to register a mark already registered in favour of another person nor any mark used by Government; and the Forest Officer may refuse registration of any mark which in his judgment so closely resembles a mark used by Government or registered in favour of any person, as to be easily producible by altering such marks.
11. Every registration under these Rules shall hold good for three years following the 1st of January next after the date of registration.
A certificate, showing the marks registered, the date of registration, the period for which it holds good, and acknowledging the payment of the fees, shall be given to every person registering his mark or marks.11.
-A. (1) Notwithstanding anything contained in the foregoing rules -(a)temporary property marks, for special consignments of timer to be transported by water, may be registered by the Forest Officer-in-charge of the Division to which the control of the river pertains, or, with the written permission of such Forest Officer, by the River Range Officer;(b)such registration shall be made under such conditions as the Conservator of Forests may from time to time direct;(c)a fee of eight annas shall be payable for every separate mark so registered;(d)every such registration shall hold good for three months only from the date of the registration; and(e)no temporary property mark is required for any timber of a right-holder in the Kangra District which is used in such circumstances or conveyed in such a manner as shall exempt such right-holder from the necessity of obtaining a pass under rule 3.12. Any person infringing any provision of these Rules shall be punished with imprisonment of either description, which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
Rules under section 41(f) and (g) of Act VII of 1878 for the prevention and removal of any obstruction in the rivers.Published vide Punjab Government Notification No. 14548, dated 9th May 19211. Prohibition of obstructions in rivers and licences for booms or weirs. - No person other than an authorised officer of Government, shall close or obstruct the channel of any river used for the transit of timber, except under and in accordance with the conditions of a special licence permitting the erection of a boom, weir or irrigation band. Such licence may be issued by the Deputy Commissioner or the Divisional Forest Officer permitting the erecting of a boom, weir or irrigation band.
2. Prevention and removal of obstructions on banks and in the channel of a river and recovery of cost thereof. - (1) Any Forest Officer may prevent any acts likely to cause obstruction on the banks or in the channel of any river used for the transit of timber or other forest produce and the Divisional Forest Officer may cause to be removed any obstruction which has not been erected or caused by or with the permission of an authorised officer of Government under the authority of a special licence.
3. Regulations regarding interference with irrigation bands - Where the whole or partial removal of any irrigation or water mill band has been ordered by the Divisional Forest Officer under the provisions of these rules, that officer shall safeguard the interests of the right-holders as far as possible. No irrigation or water mill band may be opened for a period exceeding twelve hours during any one day.
4. The owner or the contractor in charge of the timber in transit shall before the expiry of the period of twelve hours mentioned in the next preceding rule, -
5. Compensation to be paid to right holders for damage done to bands or for loss due to shortage of water. - The amount of compensation due on account of any loss incurred by the interference with the customary rights or irrigation or of water mills shall be assessed by the Deputy Commissioner and shall be paid by the owner of the timber or the floating contractor to the person concerned.
FOREST DEPARTMENT PUNJAB_______ FOREST DIVISION NO.______RAFTING FEES____________________Depot Date of issue__________________19____________. Date of expiry__________________19_____________.Property Mark :- Fees payable Rs___________as_____________pies____________Date of payment__________________19_____________.(Rupees__________________)| Signature of Officer receiving Officer | (Name)_________________________ |
| (Rank)_________________________ |
| 1 | 2 | 3 | 4 | 5 | ||||||
| Name and descriptionof timber | Estimated value | Rafting fees payable | Depots at which fees payable and timber to be examined | Remarks | ||||||
| Name of owner | Cub.conte Rs.nts | Amount | Name of Depositer | |||||||
| . Kind | No. | Dimensions | A.P . Rate | Unit Rs. | A.P. | Signature of Examining Officer | Depots where pass will be given up and timber passed out | |||
| Signature of Issuing Officer | (Name)__________________________ |
| (Rank)__________Depot____________ |
| Period of Renewal | Renewing Officer | ||||
| From | To | Name | Rank | Charge | Remarks |
1. Whenever on any river, owing to flood or otherwise, timber has passed the place or all the places where it would ordinarily be caught and brought under control, or has after being brought under control, broken loose, and is consequently adrift or stranded below, the Forest Officer in charge of the Forest Division in which such river is situate may, instead of collecting such timber himself, under section 45 of Act VII of 1878, grant permission in writing to the owner or owners to collect such timber.
2. The permission shall specify the kind of timber, the marks it should bear, the destination or manner of the disposal when collected and the time for such permission shall hold good.
3. No person shall, without such permission, cut up, remove, conceal, burn, mark, or efface or alter any mark of marks on or sell or otherwise dispose of any such timber.
4. The Forest Officer in charge of the Division may authorize zaildars, lambardars, or other respectable persons to salve timber which is adrift at any point on the river below the last catching place, and may cancel such authority.
For every log salved and taken to any drift timber depot notified by the Forest Officer under section 45 of the Act, the following salvage rates shall be payable, either to the authorized salver or to the Forest Officer, as the case may be :-| Rs. | A. | P. | |
| [For every log of deodar of 8 feet in girthand over [Substituted by Punjab Government Notification No. 1799, dated 7.11.1944.] | 1 | 8 | 0 |
| For every log of deodar of 5 feet in girth and over | 0 | 12 | 0 |
| For every log of deodar under 5 feet in girth | 0 | 6 | 0 |
| Sleepers and scantlings | 0 | 6 | 0 |
| each] |
1.
2. In these rules -
3. Save as hereinafter provided in Rule 10, no person shall pasture cattle, cut wood or sajji plants or grass, or gather fuel or any other natural product in the abovementioned lands, except -
4. Every licence granted under rule 3, clause (i), shall be in writing and signed by the Collector or Forest Officer, and shall state -
5.
6.
7. The Punjab Government may in respect of any local area exempt from all or any of the provisions of these rules any person or class of persons and any cattle or description of cattle.
8. Every licence-holder and every farmer shall be bound by the conditions stated in the licence or lease, as the case may be, granted to him, and every person acting under Rule 3, clause (ii), shall be bound by the conditions of the lease granted to the farmer.
9.
10.
11. If the cattle-owners of any community or association, which has accepted an assessment made under rule 10, prove to the satisfaction of the Collector that the owner of any cattle, in respect of which the assessment was made, has with his cattle left that community or with another association in the same district which has accepted a similar assessment, payable by the former community or association and enhance the assessment payable by the latter community or association proportionately to the number and description of cattle removed from the one and added to the other.
12. The Collector may require the headman of any community association of cattle-owners with which an agreement is in force under Rule 10 to furnish him with a nominal roll of the cattle-owners belonging to such community or association showing the number and description of the cattle owned by each.
13. Disputes arising among the cattle-owners of any community or association which has accepted an assessment made under Rule 10, regarding the incidence as among themselves of the assessment, shall be decided by the Collector, whose order shall be final.
14.
15. The persons authorised under Rule 14 to collect the assessment shall be entitled to a drawback not exceeding 5 per cent on all sums paid by them into the Government Treasury on account of such assessment.
16. Three per cent of the net collections, after deducting sums payable under Rule 15, shall be credited to the District Patwari Fund and shall be expended, under the orders of the Financial Commissioner, in remunerating the establishment maintained, and in paying the contingent charges incurred, in connection with the assessment and collection of grazing duties.
17. Any person acting in contravention of any of these rules shall be liable, on a first conviction, to simple imprisonment for a term which may extend to one month, or to fine not exceeding Rs. 100, or to both; and on a subsequent conviction under this rule within three years of the first to imprisonment for a term which may extend to six months, or to fine not exceeding Rs. 300, or to both.
Schedule 2
Local areas to which rules 1 to 9 Rule 17 apply.| Hissar | District |
| Rohtak | " |
| Karnal | " |
1. No person shall set fire to any forest grass land within one mile of a Reserved Forest without giving notice to the Divisional Forest Officer or such other official of the Forest Department as may be authorised by the Divisional Forest Officer to permit such firing and obtaining the permission, in writing, of such officer and then only subject to such conditions, restrictions and precautions as that officer may impose.
2. Any person desirous of burning on land within 100 yards of a Reserved Forest, cut wood, grass, weeds or other cut materials, shall collect such cut material into heaps and fire them in such a way as not to endanger the Reserved Forest.
The Nautor (Lahaul) Rules, 1956Published vide Punjab Government Notification No. 4134-Ft., 56/3683, dated 17.8.1956 and No. 416, dated 14.8.1897.1. (i) These rules may be called the Nautor (Lahaul) Rules.
2. In these rules, unless there is anything repugnant in the subject or context, -
3.
4. Nautor under sub-rule (1) of rule 3 preceding will only be granted for subsistence or for the construction of a house provided it is proved to the satisfaction of the authority sanctioning the grant of nautor that such construction is necessary.
Explanation. - The grant will not be deemed to be necessary if the applicant for the grant has arable land in his possession lying uncultivated or if in the opinion of the Assistant Commissioner, Kulu, he has not adequately safeguarded such land against erosion.5. Notwithstanding anything in the preceding rules, grant of nautor may be made in exchange for applicant's land which may either -
6. No nautor will be granted in respect of lands which have a slope steeper than and vertical in two horizontal (26 degree ). The grant of nautor in land which has a slope steeper than one vertical in four horizontal (140) but less than (260) will be subject to an additional condition that the grant must be safeguarded against erosion to the full satisfaction of the Assistant Commissioner, Kulu.
7. Grants of nautor to kothi rightholders or kothi artisans of an area of ten biswas or less for house sites and water mills may be made by the Assistant Commissioner, Kulu.
8. Grant of nautor to kothi rightholders or kothi artisans of half an acre or less for purposes not covered by rule 8 may be made by the Assistant Commissioner, Kulu. Nautor, however, shall not be granted for channels for irrigation, supply of drinking water and any other industrial purposes.
9.
10. Grant of nautor to kothi rightholders or kothi artisans shall not be made until nazrana at the rate of Rs. 5 per bigha has been paid when the land is to be granted for agricultural purposes, and at the rate of Re. 1 per biswa when the land is granted for other purposes, except that where such land granted for purposes other than agricultural is within 100 feet of a road in the charge of the Punjab Public Works Department, Buildings and Roads Branch, nazrana at the rate of Rs. 2 per biswa shall be paid.
11. Grants of nautor to Lahaul rightholders or Lahaul artisans shall not be made until nazrana at the full market value of the land to be granted has been paid.
12. Grants of nautor shall not be made of land on which there are reserved trees.
13. Nautor shall not ordinarily be granted of land which has been encroached upon but if the authority competent to make a grant of such nautor is satisfied that the grant of nautor of such land encroached upon should be made to the encroacher, then such grants shall not be made until and unless a sum which in the opinion of the Assistant Commissioner, Kulu, is equivalent to full market value of the land has been paid by the encroacher by way of nazrana plus such penalty in addition not exceeding the market value of the land encroached as may be imposed by the sanctioning authority.
14.
15. After the nautor has been sanctioned by the appropriate authority, the Assistant Commissioner, Kulu, will issue a patta in the form hereto annexed and the file will be sent through the tehsil to the Patwari for entry or the mutation.
16. Grantees on being given possession must at once mark out the land accurately by burjis of low walls according to the demarcation of the Patwari.
17. If a kothi rightholder lodges an objection within one month of the date from which possession is taken and the objection is upheld, the lease may be cancelled without the grantee being entitled to any compensation other than the refund of nazrana paid.
18. At the end each quarter a statement showing the particulars of the grants of nautor sanctioned in the preceding three months will be forwarded by the Assistant Commissioner, Kulu, to the Divisional Forest Officer concerned, for the information of the Forest Staff.
19. A grantee of nautor shall not alienate the land of his grant or any building thereon without the previous sanction of the Collector of Kangra District and any alienation made without such consent shall be voidable at the instance of the Collector. If the sanction is refused and the alienation has otherwise been completed, the land shall revert to Government and it shall be considered that there has been a breach of the conditions of the grant. The Deputy Commissioner should not grant permission for any such alienation unless the alience would also be entitled to receive a grant of nautor in the first instance. In any other case before such alienation is sanctioned the Deputy Commissioner should refer the matter through the Commissioner to Government for order.
Form for the grant of nautor in the Lahaul area of the Kulu Sub-DivisionA Grant made by the Governor of Punjab (India) (hereinafter called Government) of the one part to_________________ son of ________________ resident of ___________ tehsil ._________________ in Lahaul area of the Kulu Sub-Division in Punjab (hereinafter called the grantee) of the other _______________ the conditions contained in Punjab Government notificationNo part in pursuant of ___________order, dated the __________ of the ___________ From ______________ to _____________Whereas the land hereinafter mentioned is held by the Government of Punjab (I)And whereas Government is authorised to grant interest in or to dispose of the said land by virtue of the provisions of Article 298 of the Constitution of India.And whereas the grantee has paid the sum of ____________ rupees to Government as nazrana and __________________ rupees on account of the price of the trees.Now this Grant witnesseth as follows :-1. Government of Punjab (I) as beneficial owner grants unto the grantee, all that plot of land containing _______________ acres more or less hereinafter described as nautor and more particularly described in the schedule hereto, to have an interest in and to hold the same to the Grantee subject to the exceptions and reservations and on the terms and conditions hereinafter appearing.
2. The grant of nautor is made for ............... purposes only. The Grantee shall not use the land for any other purpose.
EXCEPTIONS AND RESERVATIONS ON BEHALF OF GOVERNMENT3. Government does not grant but excepts and reserves to itself all mines, minerals and quarries of whatever nature existing on, over or below the surface of the land with liberty to search for, work and remove the same is as full and ample manner as if this grant had not been made.
4. Government does not grant but excepts and reserves to itself all rivers and streams, with their beds and banks, all water-courses and drainage channels and all public thoroughfares now existing on the land or shown as proposed for construction in the plan annexed.
5. For the full discovery, enjoyment and of use of rights hereby reserved, or for the protection and maintenance of any property hereby excluded, it shall be lawful for Government through its authorised agents or for any officer of Government to enter upon the land and make use thereof, as may be necessary for these purposes, without making any compensation to the grantee for such use and occupation except as may be provided hereunder.
OBLIGATIONS OF THE GRANTEE6. Grantee hereby covenants with Government as follows :-
7. If the grantee fails to perform or commits a breach of any of the terms or conditions of this grant or suffers such a breach for non-performance, the Collector may at any time thereafter determine the grant and resume possession of the land, and may pull down any structure existing thereon and may sell the materials thereof and retain the proceeds of the sale :
Provided that if the conditions contained in sub-clauses (c) and (j) of clause 6 have not been fulfilled to the satisfaction of the Assistant Commissioner, Kulu, the grant may be terminated and the land resumed without payment of any compensation therefore, except for the refund of half the amount of nazrana already paid.8. No compensation shall be payable by Government in respect of the exercise of any rights reserved or conferred by the terms of this grant, except as provided hereunder :-
9. (i) If any question of difference whatsoever shall at any time hereinafter arise between Government and the grantee in any way touching or concerning this grant, or the construction, meaning, operations or effect thereof or of any clause herein contained or as to the rights, duties or liabilities of either party under or by virtue of this grant, or touching the subject matter of this grant of arising out of or in relation thereto, then, save in so far as the decision of any such matter has been hereinbefore provided for and has been so decided, the matter in difference shall be referred to the arbitration of the Commissioner, acting as such at the time of difference who shall have power to decide any matter so referred, including the following questions :-
10. The cost of stamp duty on this Instrument shall be borne by Government and the same shall be registered by the grantee at the expense of Government.
INTERPRETATION11. In these conditions, unless there is anything repugnant in the context :-
| On the north by | ...... |
| On the east by | ...... |
| On the south by | ...... |
| On the west by | ...... |
| Signed for and on behalf of the Governor of Punjabby___________ | |
| (Sd) Officer | Signature of executants and witnesses |