State of Uttar Pradesh - Act
The U.P. Private Forests Rules, 1950
UTTAR PRADESH
India
India
The U.P. Private Forests Rules, 1950
Rule THE-U-P-PRIVATE-FORESTS-RULES-1950 of 1950
- Published on 15 September 1951
- Commenced on 15 September 1951
- [This is the version of this document from 15 September 1951.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
- In these rules unless there is anything repugnant to the subject or context,-(a)"Act" means the U.P. Private Forest Act, 1948 (U.P. Act VI of 1949);(b)"Section" means section of the Act;(c)"Divisional Forest Officer" means-Chapter II
Management of a Notified Area of Forests3. Felling permit.
4. Permit for reclamation of land.
5. Quantity of timber of forest produce permitted to be taken by right-holders.
6. Felling licence.
- On receipt of an application in writing from the landlord a "felling licence" may be issued by the Divisional Forest Officer in Form III. No such felling licence shall be issued except in the cases of groves, without the previous sanction of the Government or such officer to whom the power may be delegated by Government in this behalf :Provided that no felling licence in respect of a grove shall be issued by any authority except the Collector concerned.7. Preparation of working-plan for the management of a notified forest.
8. Working-plan.
9. Realisation of the cost of preparation of a working-plan.
10. Management of forest by owner to be according to the approved working-plan.
- When a working-plan has been approved by the Chief Conservator in respect of notified forest, such forest shall be managed by the owner in accordance with the prescriptions thereof and no deviation from such prescriptions shall be permitted without the previous sanction of the Chief Conservator.11. Disposal of forest produce forfeited under Section 15.
- Any trees, timber or other forest produce forfeited under Section 15 shall be handed over by the Collector to the Divisional Forest Officer for disposal, provided that the Collector may direct the sale or disposal of any property subject to rapid decay. All sale-proceeds from such articles will be credited to forest revenues when the period of appeal is over or the appeal if preferred has been decided against the offender.Chapter III
Vested Forests
12. Mode of serving a copy of notification issued under Section 17 (1).
- A copy of the notification issued under Section 17 (1) shall be served on the landlord either by tendering, delivering or sending it by post in a registered cover under the Indian Post Offices Act, 1898 (VI of 1898), to the landlord concerned, or to his agent, or by affixing it to some conspicuous part of the residential house of such landlord or his agent. When the landlord resides in another district, the notification may also be sent by post to the Collector of that district, for service.13. Mode of hearing objections.
- As soon as possible after the expiry of the period specified in the notification under Section 17, the Collector shall issue a notice fixing the date, time and place for hearing of the objections presented to him under clause (c) of sub-section (1) of that section and shall serve it on the landlord concerned in the manner specified in Rule 12.14. Submission of report by Collector to Government.
- If no objection is presented under clause (c) of sub-section (1) of Section 17 or if such objection is presented and finally disposed of under Section 18, the Collector shall send a report to Government together with a copy of the orders passed by him on the objection, if any, to enable Government, to issue a notification under sub-section (3) of Section 18.15. Hearing of claims by the Forest Settlement Officer.
16. Publication of orders issued under Section 27 (1).
- A copy of the order issued sub-section (1) of Section 27 shall be affixed at the headquarters of the tahsil in which the areas to which such order appertains is situate and also at some place of public resort at or in the neighbourhood of such area.17. Appellate authority.
- An appeal from the order passed by the Forest Settlement Officer under Section 22 or Section 24 or Section 28 shall lie to the Commissioner of the division in which the vested forest lies.18. Maintenance of revenue and expenditure accounts of vested forest.
19. Supply of abstract of accounts to landlord.
- An abstract of the yearly accounts of each vested forest shall be supplied to the landlord of that forest on the first day of July following tire year to which the accounts relate.20. Payment of allowances and profits to landlord.
- The allowance determined in accordance with clause (1) (a) and the net profits, if any, payable according to clause (b) of Section 41, shall be paid to the landlord on or before the first day of July following the close of the year to which the allowance and net profits relate.21. Disposal of forest produce of vested forest.
- The forest produce shall ordinarily be sold by the Divisional Forest Officer by public auction after due publicity under an agreement with the contractors. The contract may either be one in which a lump sum is to be paid by the purchaser or one in which the sum is paid for the monopoly of the extraction of certain produce, further sums being payable at fixed rates and intervals.Note. - Disposal of forest produce otherwise than, by auction is permissible only with the special sanction of Government.22. Licence for removal of forest produce.
23. Gutting, sawing, etc. of forest produce in vested forests.
- The cutting, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce from vested forests shall be regulated according to the prescriptions of the approved working-plan of the forest :Provided that where the right to exploit forest produce in any area of a vested forest has been solely leased or otherwise granted to any firm or individual, the cutting, sawing, etc. of trees and timber and the collection, manufacture and removal of forest produce shall be subject to the terms of the instrument of sale or lease that may have been executed in favour of the firm or individual :Provided further that where there is no approved working-plan for a forest and also in respect of matters for which there is no provision in the working-plan, the cutting, sawing, conversion and removal of trees and timber and the collection, manufacture and removal of forest produce shall be regulated by orders issued from time to time by the Chief Conservator.24. Examination of forest produce passing out of the vested fores.
25. Clearing and breaking up of a land for cultivation or other purposes in vested forests.
26. Protection from fire of timber or trees in a vested forest.
27. Cutting of grass and pasturing of cattle.
28. Shooting, etc., in vested forest.
- Subject to the provision in clause (f) of sub-section (2) of Section 75, the rules and orders issued by State Government under the provisions of the Indian Forest Act (XVI of 1927), to regulate hunting and shooting in the reserved forests and under the provisions of the Elephants Preservation Act, 1879, shall apply mutatis mutandis to the vested forests.29. Burning of charcoal and processes of manufacture to be applied to forest produce.
- The burning of charcoal or the subjection of any forest produce to any manufacturing processes shall be regulated by the instructions that may be issued by the Chief Conservator from time to time.30. Regulation of the rights to be exercised by the right-holders.
31. Compounding of forest offences.
32. Duties and powers of Forest Officers.
- The duties and powers of Forest Officer under the Act shall be the same as those of the Forest Officers under the Indian Forest Act (XVI of 1927), and the rules and orders made thereunder.Form I[See Rules 6 and 22]Felling Permit| sondaughterwife| of |
| List of trees | Diameter or girth in inches at height | Firewood quantity | Remarks |
| sondaughterwife| of ............ of mauza ............. |
| sondaughterwife| of ......... hereto ........ of ......... |
| List of .....................| markedto be marked| .................. for felling. |
| Species | Number | Diameter or girth in inches at breast height |
| DivisionDistrictSub-Division |
| RangeTahsil |