State of Madhya Pradesh - Act
The M.P. Adim Jan Jatiyon Ka Sanrakshan (Vrakshon Me Hit) Rules, 2000
MADHYA PRADESH
India
India
The M.P. Adim Jan Jatiyon Ka Sanrakshan (Vrakshon Me Hit) Rules, 2000
Rule THE-M-P-ADIM-JAN-JATIYON-KA-SANRAKSHAN-VRAKSHON-ME-HIT-RULES-2000 of 2000
- Published on 14 July 2000
- Commenced on 14 July 2000
- [This is the version of this document from 14 July 2000.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-3.
The Bhumiswami shall submit an application on plain paper in Form I alongwith a copy of Rin Pustika to cut the trees from his holding to the Collector. The Collector shall register the application in accordance with the provisions of the Code. No application on behalf of the Bhumiswami by way of power of attorney or any other mode of authorisation shall be entertained.4.
The Collector shall register and send one copy of the application so received to the Sub-Divisional Officer (Revenue) alongwith a letter in Form II, indicating the time limit by which the report should be sent, which shall not more than 25 days.5.
On receipt of report from the Sub-Divisional Officer (Revenue), the Collector shall forward the same alongwith the application of the applicant, demarcation document sent by the Tahsildar and a copy of his report to the Divisional Forest Officer with a letter in Form IV appended to these rules for his opinion about felling of the tree(s) in question. The Collector shall indicate the time limit for submission of the report, which shall not be more than 25 days.6.
7.
8.
The Collector shall endorse a copy of the permission alongwith a letter to the Divisional Forest Officer asking him to complete the task of cutting the specified tree(s) and transporting the produce thereof to the nearest sale depot, within a period of two months. For this purpose the period between July to October shall not be reckoned.9.
10.
The cost of cutting, stacking and transportation shall be calculated and initially borne by the Forest Department. In case the services of the Bhumiswami have been taken in any process, he shall be paid for it immediately at the current rates and acknowledgment shall be obtained thereof.11.
The Divisional Forest Officer shall estimate the market value of the produce received in the sale depot. This estimation will be done as pet the procedure laid down by the Forest Department. After deducting actual harvesting and transportation cost from the total market value of the entire produce, in each case, the balance amount shall be remitted to the Collector through cheque/draft within 7 days of receipt of report about delivery of produce to the sale depot. A copy of the valuation sheet regarding the net value of the produce shall be given to Bhumiswami so that he/she knows about the value of his/her tree(s). An acknowledgment receipt will be obtained from the Bhumiswami for the same.12.
13.
As the objective of the Act and these rules is to protect the interest of the Bhumiswami, as well as to prevent illegal felling under the Malik Makbuja, it shall be the duty of the Collector to take all possible measures as prescribed in the Act and the rules and for the purpose and he shall utilise all such staff and resources as may be necessary to fulfil the objectives.14. Repeal and Savings.
- All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed in respect of the matter covered by these rules :Provided that any order made or any action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.Form 1(See Rule 3)To,The Collector,..............Subject-Permission to cut trees on Bhumiswami land.SirI wish to cut trees standing on my land. Please give me permission to cut the trees. The details are as under :-| 1. | Name of the applicant and full address | .................... |
| 2. | Species and number of trees proposed to be cut | .................... |
| 3. | Reasons for cutting the trees | .................... |
| Copy of the Rin Pustika is enclosed. |
| No.................... | Date................... |
2. The applicant has applied for permission to cut the tree(s) for reasons mentioned in the application. You are called upon to make such inquiry as may be necessary to ascertain genuineness or otherwise' of the reasons mentioned and also to find out and suggest if the aforesaid requirement of the applicant could be met with through any beneficiary oriented welfare schemes of the Government. The bona fide needs of the Bhumiswami for personal consumption of the wood should also be ascertained-
3. Utmost care and caution may be exercised during the inquiry and while giving the recommendations in the case relevant provisions of MPLR Code, 1959, the Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrakshon Me Hit) Adhiniyam, 1999 and the rules thereunder shall be strictly followed.
4. All concerned are expected to be aware of the punitive provisions of the Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrikshon Me Hit) Adhiniyam, 1999.
5. Any other pertinent or important information, detail or point which, in the opinion of Tahsildar and the S.D.O. is relevant for the protection of the interest of the applicant or save him from exploitation or may save property or interest of the Government shall also be specifically reported.
6. Please note that the report on above lines should reach the undersigned by......................(date).
Issued on this....................day.................. . month.........year under my seal and signature.| Date................... | Signature........................... |
| Place.................. | Name in full...................... |
| of the Presiding Officer | |
| Designation ...................... |
2. The following were present to assist and stand witness to the inquiry:-
| (a) | Name of applicant and his relations/companion, if any | ...................... |
| (b) | Name & Address of the two independent witnesses. | 1.....................2..................... |
| (c) | Name in full, designation & charge held, of the fieldstaff | ...................... |
3. I have recorded the statement on oath of the applicant, Patwari, Kotwar & other relevant local witnesses to ascertain facts regarding-
4. I have further carefully inquired about the genuineness or otherwise of the reasons for cutting of tree(s) and the quantity of timber including poles and fuel wood required for the bona fide personal consumption of the Bhumiswami, My findings are as under :
5. After due and careful inquiry, I also affirm that there is no contractor, timber businessman of any middleman involved in moving the application to cut the tree(s). I am satisfied that applicant has not been exploited in any manner in this case.
6. I further affirm that no material fact, information or document has been concealed, misrepresentated or misconstrued.
7. Following documents as required are enclosed with the report:-
| 1. .................. | 2. .................. |
| 3. .................. | 4. .................. |
| 5. .................. | 6. .................. |
| 7. .................. | 8. .................. |
| 9. .................. |
8. Any other point or observation to be made :-
..............................................................................................................................................................................Issued under my signature & Seal of the Court.| Date............... | |
| Place.............. | Signature.................... |
| Name in full................ | |
| Designation................. |
| (i) | Number of tree(s) applied to be cut specieswise | .................. |
| (ii) | Details of holding | .................. |
| (a) Khasfa Number | .................. | |
| (b) Area | .................. | |
| (c) Village | .................. | |
| (d) P.C. Number | .................. | |
| (e) R.I. Circle | .................. | |
| (f) Tahsil | .................. | |
| (g) Total number of trees standing on the holding | .................. |
2. A revenue case noted under reference has been registered in this Court and a report from the Tahsildar/S.D.O. (Revenue) has also been obtained. Copy of the application and report of the Tahsildar alongwith enclosures and the comments of S.D.O. (Revenue) is attached herewith.
3. Whereas, your opinion and report is required for final disposal of the case, you are hereby called upon to submit a report on the following points, in accordance with the relevant provisions of the Madhya Pradesh Land Revenue Code, 1959 and the Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrikshon Me Hit) Adhiniyam, 1999 and rules thereunder and also keeping in view the principles of forestry, as may be applicable in the case :-
4. Under the provisions of the Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrikshon Me Hit), Adhiniyam, 1999 and rules thereunder, it is mandatory that the report be submitted within 25 days from the date of receipt of this requisition.
5. In the report, you are required to clearly state the full name, designation and the charge held by the subordinate officers and staff who have inspected the spot, have verified the facts and have made inquiries in the case, please note that the report on above lines should reach the undersigned by .... ...............(Date).
6. This may also be brought to the notice of all concerned that any act of omission or commission in reporting wrong and incorrect facts, concealing information or not submitting report in the prescribed time period is a cognizable offence punishable under Section 9(3) of the Act, and would also render the person concerned liable for action under disciplinary rules as may be applicable to him.
Issued on this.............. day............. month........... year............ under my seal and signature.| Date................... | Signature........................... |
| Place.................. | of the Presiding Officer |
| Designation...................... | |
| Seal............................... |
| No................... | Dated....................... |
| 1. | Name of applicant | ...................... |
| 2. | Father's name | ...................... |
| 3. | Tribe to which the applicant belongs | ...................... |
| 4. | Village, P.C. Number and Tahsil | ...................... |
| ...................... | ||
| ...................... | ||
| 5. | Khasra Number and area | ...................... |
| ...................... | ||
| 6. | Tree(s) applied to be cut | ...................... |
2. That I have got the necessary inquiries as per the provisions of the MPLR Code, 1959, Madhya Pradesh Adim Jan Jatiyon Ka Sanrakshan (Vrikshon Me Hit) Adhiniyam, 1999 and rules thereunder, and other laws, rules and general executive instructions of the Government which may be attracted in this case. My report on the requisite points is as under :-
| (i) | To ascertain particularly and specifically that the land, saidto be the holding of applicant, does not belong to theProtected/Reserved Forests of the Government. (In case of anydoubt on this point, reasons therefor should be clearly andcandidly recorded and case be returned without making any furtherinquiry) | ...................... | |||
| ...................... | |||||
| (ii) | Whether the holding in question of the applicant is adjoiningor so close to the boundary of the Reserved or Protected Forestsor any other Forests that the permission to cut tree(s) is likelyto cause damage to the adjoining or nearby Forests. | ...................... | |||
| ...................... | |||||
| (iii) | Whether tree(s) applied for to be cut should be permitted ornot in view of soil erosion, ecology or other suchconsiderations, which may be specified. | ...................... | |||
| ...................... | |||||
| (iv) | Whether age, maturity and condition of the tree(s) isappropriate to be permitted to cut. | ...................... | |||
| ...................... | |||||
| (v) | Whether the proposed permission to cut tree(s) will in anywayviolate any provisions of the Forest (Conservation) Act, 1980. | ...................... | |||
| ...................... | |||||
| (vi) | Tree-wise details of the tree(s) recommended to be cut:- | ||||
| {| | |||||
| S. No. of the tree(s) | Species | Girth of the tree(s) | Condition of tree(s) | Site quality of the area | Estimated height of the tree(s) |
| (1) | (2) | (3) | (4) | (5) | (6) |
3. I have satisfied myself that the report is factually correct and complete and that no material or relevant fact has been concealed, misrepresented or misconstrued. In my sincere and impartial opinion tree(s) applied for to be cut should be permitted/not permitted to be cut for the following reasons :-
.................................................................................................................................................................................................................................4. Copy of the application and report of the Tahsildar alongwith enclosures thereto, as received with the requisition are returned herewith. Copy of the report of the Range Officer, S.D.O. (Forests) is enclosed herewith. Measurement sheet and valuation chart of the tree(s) proposed to be cut are also enclosed. Names, designations and charges held by the officers/officials who have submitted report or inspected spot in case is also enclosed. They have put their dated signature, along with full names under their signature, on the relevant documents of the inquiry.
I have taken utmost care and caution that the report is complete, correct and true and that the interest of the Government and the applicant are protected.Issued under my signature and seal of my office on this.........................day of.........................month of......................year.Date..................Place...............................| Date................... | Signature........................... |
| Place.................. | Name in full....................... |
| Designation...................... | |
| Seal of the office............... |
| Kh. No. | Area | Species | Details about produce obtained on cutting ofspecified tree(s) | Estm. value | ||||||
| S.No. of tree(s) cut | Produce | |||||||||
| Timber | Measurement | Fuel | ||||||||
| S.No. of log | Girth | Length | Volume | No. of stacks | Estm. volume | |||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) |
| Total |
| Bhumiswami: | Range Officer................. | |
| Signature/Thumb Impression. | Signature........................... | |
| Name.............. | & date............................... | |
| Name................................ | ||
| Witnesses: | ||
| Signature/Thumb Impression | Name | Dy. Ranger/Fr................... |
| 1.......................... | ........................... | Signature........................... |
| 2.......................... | ........................... | & date............................... |
| Name................................. | ||
| Forest Guard...................... | ||
| Signature............................. | ||
| & date................................. | ||
| Name.................................. |