[Cites 0, Cited by 1]

Bombay Presidency - Act

The Bombay Forest Rules, 1942

BOMBAY PRESIDENCY
India

The Bombay Forest Rules, 1942

Rule THE-BOMBAY-FOREST-RULES-1942 of 1942

Published on 1 October 1942
Commenced on 1 October 1942
[This is the version of this document from 1 October 1942.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay forest Rules, 1942Published vide Notification G.N. R.D., No. 4335/39, dated 1st October, 1942, (B.G., Part 4-A, page 408)In exercise of the powers conferred by sections 26, 32, 41, 42, 51 and 76 of the Indian Forest Act, 1927 (XVI of 1927), and of all other powers enabling it in this behalf, and in supersession of all previous rules made in this behalf, the Government of Bombay is pleased to make the following rules :

Chapter I
Preliminary

1. Short title and extent.

- These rules shall be called the Bombay Forests Rules, 1942, and shall apply to [the whole of the State of Maharashtra.] [Substituted for the words 'the State of Bombay excluding the transferred territories' by G.N. dated 22.9.1999.]

2. Interpretation.

- In these rules, unless there is anything repugnant in the subject or context,-

(a)"Act" means the Indian Forest Act, 1927;

[(a-1) "Chief Conservator of Forests" includes the Chief Conservator of Forests, (Special) and the Additional Chief Conservator of Forests;] [Inserted by G.N. dated 16.12.1982.]

(b)[ "Divisional Forest Officer" includes a Sub-Divisional Officer, incharge of an independent Sub-Division;] [Substituted by G.N. dated 23.3.1962.]

(c)with the respect to reserved or protected forests under the management of the Revenue Department, "Conservator of Forests", "Divisional Forest Officer" and "Range Forest Officer" shall mean respectively the "Collector", "Prant Officer" and "Mamlatdar or Mahalkari" in whose jurisdiction such forests lie;

(d)the expression "protected animal" means an animal to which the provisions of the Wild Birds and Animals Protection Act, 1912, apply;

(e)"Section" means a section of the Act; and

(f)all words and expressions used but not defined in these rules shall have the meaning assigned to them in the Act.

[Chapter II [Chapter II, containing rules 3 to 7, is repealed by the rule 9 read with schedule of the Maharashtra Forest (Protection of Forest from Fire) Rules, 1982.] Protection of Reserved Forests From Fire[Section 26(1)(b)]]

3. to 7.

[Deleted]

Chapter III
Hunting and Shooting, etc., in Reserved and Protected Forests

[Sections 26(1)(i), 320 and 76(d)]A. General Rules

8. Acts prohibited in reserved and protected forests.

- The following acts are prohibited in all reserved and protected forests :-

(a)the poisoning of rivers or other waters, the explosion of dynamite or other explosive therein, and the setting of cruives or basket traps for the purpose of killing or catching fish;

(b)the setting of spring guns, snares or traps;

(c)the catching, wounding or killing of -

(i)game, other than carnivora, bear or pig, over water, salt-licks, or paths leading directly to water or salt-licks;

(ii)any bird or animal for which a close-time has been prescribed under the Wild Birds and Animals Protection Act, 1912 (VIII of 1912), during the close-time so prescribed; and

(iii)such animals as may from time to time be notified in this behalf by the Conservator of Forests;

(d)shooting from a motor car except in the case of small game, and wild dogs and pigs; and .

(e)shooting after sunset and before sunrise, except in the case of -

(i)small game and wild pigs, and

(ii)tigers and panthers, from machans over live or killed ties: Provided that any of the above acts may be done with the written permission of the Conservator of Forests, or, in the case of snares or traps, of the Divisional Forest Officer.

Note (1) - For the purpose of this rule the word "carnivora" includes tiger, panther, wolf, hyena and wild dog; the words "small game" include all gamed birds and hare; and "reserved and protected forests" include all roads and tracks within such forests.Note (2) - Clause (c)(i) of this rule does not apply in respect of Nilgai (Portax Pictus) in the Thana, East Khandesh and West Khandesh districts.[* * *] [Deleted by G.N. dated 22.12.1958.]

9. [ Application of rules 11 to 22. [Substituted by G.N. dated 22.12.1958.]

- The State Government may, by notification in the Official Gazette, apply the provisions of rules 11 to 22, with such modifications as it thinks fit, to any reserved or protected forest in any district.]

10. [ Hunting and shooting prohibited in certain areas except under a licence. [Substituted by G.N. dated 22.12.1958.]

- No person shall, except under a licence granted in this behalf by the Conservator of Forests hunt, or shoot in any reserved or protected forest to which the provisions of rules 11 to 22 have been applied under rule 9.]Explanation. - The term "hunting" used in this Chapter includes tracking for the purpose of discovering the lie of wild animals.

11. Power to refuse or cancel a licence.

(1)The Conservator of Forests shall have discretion to grant or refuse a licence for hunting and shooting.

(2)The Conservator of Forests may, at any time, cancel any licence for a breach of any provision of the Act or these rules, whether committed by the licensee or by any of his retainers or followers; or for any interference with the work of the forest officers on the part of the licensee or of any of his retainers or followers, which in the opinion of the Conservator is unwarranted; or in t he event of fire breaking out in any forest in respect of which the licence has been granted.

(3)Forest official may accompany the camp of any licensee. - In any case where the Conservator of Forests or the Divisional Forest Officer thinks it advisable, he may direct that a forest guard or other person shall accompany the camp of any licensee hunting and shooting in a forest, "with the object of seeing that these rules are not infringed.

12. Licence not transferable.

- A licence granted under rule 11 shall not be transferable.

13. Licence to be produced on demand for inspection.

- Every licensee hunting or shooting in any forest to which rules 11 to 17 apply shall, on demand by any Forest, Police or Revenue officer, produce his licence for inspection.

14. Limitation on putting out ties.

- No licensee shall put out ties at a distance of more than 20 miles from his camp or residence.

15. Intimation to be given when animals are wounded but not killed.

- When any licensee wounds but fails to kill any animal of the following species, viz., elephant, tiger, panther, bear or bison, he shall forthwith give intimation of such fact either orally or in writing to the nearest round forest officer and shall also send within 24 hours from the time the animal is wounded a report in writing to the Divisional Forest Officer. He shall also notify the fact to the inhabitants of the nearest village.

16. Licence to be returned on expiry of period.

- On the expiry of the period of the licence, the licensee shall return it to the Conservator of Forests, with an endorsement thereon showing the number and kind, and the horn dimensions in the case of protected animals, or length in the case of carnivora and bear, of all game killed by him.

17. Privileges of resident hill tribes, etc., not barred.

- Nothing in the rules contained in this Chapter shall be taken to cancel any privileges granted to resident hill tribes unless the Collector by express orderwise directs, or to preclude the grant of special permission by the Divisional Forest Officer or the Collector to resident villagers on special occasions.[B. Supplementary Rules] [Substituted by G.N. dated 22.12.1958.]

18. Period and scope of licence.

(1)Every licence issued under rule 11 shall permit the holder only to hunt and shoot, and shall be valid for a period of one year from the date of its grant, in any reserved or protected forest in the circle or portion of circle by the Conservator of which the licence has been granted, and to which rules 11 to 22 have been made applicable under rule 9, subject to the condition that before it has effect in any forest division in which the licensee does not reside or exercise any jurisdiction, it must be countersigned by the Divisional Forest Officer.

(2)Notwithstanding anything contained in sub-rule (1) the period of a licence to hunt and shoot on the plateau of Matheran and Garbut only shall be limited to one month. The Round Forester, Matheran, may receive the fees mentioned in sub-rule (2) of rule 19 and issue a. temporary permit to an applicant for a licence pending receipt of the licence from the Conservator of Forests, Central Circle.

(3)No licensee shall hunt or shoot more than two males of each species of animals specified in the licence. A list of species of such animals shall be prepared for each forest division by the Conservator of Forests.

(4)Wounded game may be pursued into the forests of the division adjoining that for which the licence is valid or into a forest closed under rule 20.

19. Fees for licences.

(1)The fee for a licence shall be Rs. 25 for the Northern Circle and Rs. 50 for the Central Circle.

(2)The fee for a licence to hunt and shoot on the plateau of Matheran and Garbut shall be -

(a)Rs. 15 for one month in the case of persons who hold no circle licence, and

(b)Rs. 7.80 for one month in the case of persons who hold a circle licence valid for the Northern [* * *] [Deleted by G.N. dated 22.12.1958.] Circle,

Persons holding a circle licence for the Central Circle shall not be charged any extra fee or be required to take a special licence to hunt and shoot on the above plateau.

(3)Gazetted forest officer travelling on duty are exempted from the payment of fees for licences.

20. Closing of forests to hunting and shooting.

(1)The Conservator of Forests may, on the recommendation of the Divisional Forest Officer and the Collector, declare that any particular forest or part of a forest is wholly closed for a term of years or annually for a specified period.

(2)The Conservator of Forests may also prohibit the taking, wounding' or killing of any particular species of animals in any specified tract of forest, with a view to the preservation of such species, but any such order shall be subject to revision by the Commissioner.

(3)A licence granted under these rules shall not be valid -

(a)in any forest or part of a forest which has been closed under sub-rule (1) during the period it is closed, and

(b)in the tract of forest specified in an order made under sub-rule (2) in respect of the species of animals specified in such order:

Provided that gazetted officers whose jurisdiction extends to such forests, or persons holding licenses on which the Divisional Forest Officer has endorsed special permission to that effect, may kill pig, tigers and other dangerous or destructive animals in such forests. Such special permission shall not be given for a longer period than one month in any case.

21. Employment of shikaris.

- A licensee may employ any number of trackers. The Divisional Forest Officer have full discretion to prohibit the employment for tracking, stalking, tying up for carnivora, or conducting drives or beats, of any persons other than those to whom permits to act as "shikaris" have been given by him.

22. Shikar cards to be filled in.

- The licence shall fill in the shikar card in the printed form which a forest guard may present to him, while he is found hunting or shooting in any forest to which rules 11 to 22 apply.[23 to 39. * * *] [Deleted by G.N. dated 22.12.1958.]

Chapter IV
Pasturing of Cattle in Reserved and Protected Forests

[Sections 26 (1) (d), 26 (2) (a), 32 (i) and 76 (d)]

40. Pasturing of cattle in forests prohibited except specially assigned and except under a permit.

- No person shall pasture cattle in a reserved or protected forest -

(a)except within the areas assigned for such purpose by, or under the orders of the Commissioner or the Conservator of Forests, and

(b)without obtaining a permit from a Revenue or Forest Officer which shall be granted on payment of the fee prescribed by the State Government and except in accordance with the conditions subject to which such permit has been granted.

Chapter V
Cutting of Trees, Cultivation, etc., in Protected Forests

[Sections 32 and 76(d)][A. * * *] [Deleted by G.N. dated 22.12.1958.][41 to 45. * * *] [Deleted by G.N. dated 22.12.1958.]B. Thana, Kolaba and Nashik Districts

46. Rules for protected forests of Thana, Kolaba and Peint.

- The following rules 47 to 50 inclusive apply to the protected forests in the Thana and Kolaba districts and the Peint taluka of the Nashik district. Rule-51 applies to the protected forests in the Thana and Kolaba districts only.

47. Definitions.

- In rules 48 to 51 -

(a)the word "tree" includes all ground shoots which grow into trees, such as kuda, kudi, pethari and chera, but does not include bushes; and the word "bush" shall be deemed to include all ground shoots which do not grow into trees such as kervand, ukshi, phangli, dhanti and nirgudi;

(b)the word "injaili" refers to trees excluding those of the kinds mentioned against the district or taluka concerned in clause (a) of Schedule C hereto annexed;

(c)the word "cultivator" includes -

(i)all persons who personally cultivate the soil, whether as tenants or in their own right;

(ii)all landlords resident in a village and holding land therein, whether they cultivate the soil personally or through tenants;

but does not include non-resident landlords.

48. No forest produce may be removed from protected forest except by cultivators.

- No forest produce shall be removed from a plot assigned for cultivation in a protected forest or from any trees in such plot except by the authorised cultivator of such plot; and no forest produce shall be removed from any protected forest in a" village or from any trees in such protected forest except by a cultivator of that village.

49. Cutting etc. of trees prohibited save as provided in these rules.

- Save as provided in rules 50 and 51 no person shall in any protected forest cut down, pollard, or lop any tree whatever.

50. Cultivators may cut down, lop or pollard certain injaili trees subject to restrictions.

- In the protected forest of any village a cultivator of that village may cut down, lop or pollard for his own use any injaili trees other than the fruit trees mentioned against the district or taluka concerned in clause (b) of Schedule C hereto annexed in accordance with the following conditions but not otherwise :-

(a)in the case of injaili trees [10] [This should be translated in Marathi '1 Eroman size 9 ½) purush', a purush being the height to which an average man can reach standing.] feet high or higher -

(i)the leading shoot must be permanently preserved along with all shoots from the topmost third of the main stem.

(ii)shoots that have taken less than two years to grow may not be touched; only shoots that have taken two years or more to grow may be lopped off;

(b)in the case of injaili trees less than 10 feet high -

(i)where several stems spring from the same root or stump the best of such stems with all shoots from it shall be left untouched till the stem is 10 feet high, but all other shoots from the root or stump or from the ground within a yard of the untouched stem may be cut down to the ground;

(ii)no stem growing singly may be cut or its side shoots lopped, unless it has an untouched stem growing within a [yard] [This should be translated in Marathi '1 ½ hat'.] of it :

Provided that with the previous permission of a revenue officer not lower in rank than a Mamlatdar in the case of protected forests of the districts of Thana and Kolaba, and of a forest officer not lower in rank than a Range Forest Officer in the case of protected forests of the Feint taluka of the Nashik district, such cultivator may cut down for his own use -

(a)any injaili tree not useful for tahal or fruit; and

(b)any fruit tree and any leading shoot or best stem referred to in clause (a)(i) and clause (v)(i) of the conditions mentioned above when in the opinion of such officer such tree, shoot or stern is no longer useful for fruit or tahal.

51. Trees other than injaili may be cut with permission.

(1)In the protected forest of any village in the districts of Thana and Kolaba a cultivator of that village may, with the previous permission of a revenue officer not inferior in rank to an Assistant Collector or Deputy Collector, cut down for his own use any tree other than an injaili tree.

(2)The Collector or Prant Officer may, by written order delivered to the patel, authorise the cultivators of a village to cut down the after-growth of teak, blackwood and tivas trees, subject to the condition that two leading shoots from each stump with all their branches are left permanently untouched, and may at any time modify such order by withdrawing such authority either from particular cultivators or from all the cultivators or in respect of particular areas.C. Ahmednagar District

52. Rules for protected forests of certain villages in Akola taluka.

- The following rules 53 to 65 apply to the protected forest in the following villages of the Akola taluka of the district of Ahmednagar, namely :-

(1)Ambit.

(2)Ghatghar.

(3)Kumshet.

(4)Lavali Kotul.

(5)Pachnai.

(6)Panjre.

(7)Samrad.

(8)Shinganwadi.

(9)Shirpunje Khurd.

(10)Udadawane.

53. Lands of certain description may be cleared for cultivation.

- Lands of either of the two following descriptions may be cleared or broken up for cultivation in the said forest subject to the conditions, if any, respectively applicable thereto, viz. :

(a)land the right to cultivate which has been recorded in an enquiry under section 29, or

(b)land let for cultivation under a lease which is at the time in force and has been granted under these rules.

54. Unoccupied assessed land may be let out to resident villagers.

- The unoccupied land in the said forest suitable for cultivation having been divided off by the Survey Department, under the orders of the State Government into fields which bear distinctive numbers and having been measured and assessed by the said Department at a moderate rent, any of the said fields (hereinafter called "numbers") may be let at the rent so assessed to any person who is, and has been for not less than five years previously, a resident of the village in which the number is situate, subject to the conditions contained in these rules.

55. Lands may be leased by public auction.

- The Divisional Forest Officer may, in his discretion, lease any field on payment of a premium or after holding a public auction.

56. Lease and counterpart agreement to be executed in each case.

- Every lease granted under these rules shall be in the form in Schedule D, hereto annexed, and shall be executed by such officer as is authorized under the rules in force in this behalf to execute such an instrument. No such lease shall be granted until the intending lessee has executed a counterpart agreement in the form in Schedule E, hereto annexed, bearing an endorsement of the tenor prescribed in the said form signed by the village officers.

57. Period of lease to be prescribed by State Government.

- Leases shall be granted for such term of years as the State Government may prescribe from time to time.

58. Rent to be paid in two instalments.

- The rent due in respect of lands leased under these rules shall be payable in two equal instalments on the 10th December and 10th January, respectively.

59. Renewal of leases.

- On the expiry of the term of any lease granted under these rules, the lessee shall be entitled to a renewal of the lease for such term and subject to such conditions and the payment of such rent as the State Government shall think fit to prescribe.

60. Cancellation of leases.

- Every lease granted or renewed under these rules may at any time be cancelled by the Divisional Forest Officer or the Conservator of Forests

(a)if the lessee or any co-sharer of the land held by the lessee is convicted of any Offence under section 33 and such conviction is not subsequently reversed or quashed; or

(b)if the land included in the lease or any portion of it is subjected, without the previous sanction of the Divisional Forest Officer or of the Conservator of Forests, to any mortgage charge, sub-lease or alienation; or

(c)if the land included in the lease or any portion of it is subjected to dalhi cultivation; or

(d)if any instalment of rent due in respect of the land is not paid, or recovered under section 82, before the close of the revenue year in which it is payable; or

(e)if the lessee ceases to be a resident of the village in which the land is situate.

When a lease is cancelled under this rule, it shall be deemed for the purposes of Rule 53 to cease to be in force from such date as shall be fixed in this behalf by the officer cancelling the same.

61. Appeals.

- An appeal shall lie from any order made by the Divisional Forest Officer under the last preceding rule to the Conservator of Forests. The order of the Conservator of Forests shall be final.

62. Lessees may be granted concessions to remove forest produce from leased lands.

- No lease granted under these rules shall be deemed to confer upon the lessee any right in or over the trees or other forest produce of the land included in such lease; but subject to a reservation of the right of the State Government at any time to withdraw such concession and to the provisions of Rule 63, the lessee of any land may upon or from the said land -

(a)lop trees, not being trees which are reserved under section 30, for the purpose of obtaining rab for manure;

(b)with the written authority of the Divisional Forest Officer cut and remove trees, not being trees reserved, as aforesaid and not exceeding 15 inches in circumference at the base, which, in the opinion of the said officer, impede cultivation;

(c)pasture and cut and remove grass for his own cattle, sheep and goats;

(d)gather and remove edible fruits and roots;

(e)gather and remove dead wood for fuel;

(f)quarry or gather and remove stones for his own use for any agricultural or domestic purpose.

63. Precautions to be taken while lopping trees.

- Lessees exercising the privilege of lopping trees for obtaining rab granted by clause (a) of the last preceding rule, shall leave uncut a main leading shoot (shenda) of each tree which they so lop.

64. Privileges to be exercised in unoccupied fields by resident villagers.

- Any person permanently residing in any of the said villages may, in any unoccupied field of the protected forest in the village in which he resides, pasture, or cut and remove grass for his own cattle, sheep and goats without licence or payment of any fee.The State Government may at any time withdraw this concession.

65. Restrictions on pasturing of cattle or removal of grass.

- Except as provided in Rule 62 and in the last preceding rule, no cattle, sheep or goats may be pastured and no grass may be cut in a protected forest without written authority from the Divisional Forest Officer.

Chapter VI
Transit of Forest Produce

[Section 4]A. Forest Passes

66. Regulation of transit of forest produce by means of passes.

- No forest produce shall be moved into, or from, or within any district of the [pre-Reorganisation State of Bombay excluding the transferred territories] [Substituted G.N. dated 22.12.1958.], except as hereinafter provided, without a pass from some officer or person duly authorised by or under these rules to issue such pass, or otherwise than in accordance with the conditions of such pass or by any route or to any destination other than the route or destination specified in such pass:Provided that no pass shall be required for the removal (a) except to a bunder, landing place or railway station -

(i)of any forest-produce which is being removed for private consumption by any person in exercise of a privilege granted in this behalf by the State Government, or of a right recognized under, the Act. within the limits of a village as defined in the Bombay Land Revenue Code, 1879, in which it is produced,

(ii)of twigs, leaves, brushwood and grass intended solely for conversion into ash-manure,

(iii)of such small branches as are given gratis from departmental cuttings solely for private consumption,

(b)of firewood not exceeding three inches in diameter at the thickest part, grass or leaves, the property of one person or the joint property of two or more persons, which is conveyed in quantities not exceeding one headload once in 24 hours unless it be brought to a bunder, landing place or railway station or to any areas to which the State Government may from time to time declare by notification in the Bombay Government Gazette that this exemption shall not extend, or

(c)of such forest-produce as may be exempted by the State Government from the operation of the rules in this Chapter by notification in the Bombay Government Gazette.

67. Officers and persons to issue passes.

(1)The following officers and persons shall have power to issue passes under these rules (namely):Officers

(a)for forest-produce from land which is not included in a reserved or protected forest and is more than ten miles distant from a reserved or protected forest, the revenue patel, or the police patel of the village if the revenue patel is illiterate or village accountant, and

(b)for forest-produce from land other than that described in clause (a), the Conservator of Forests, the Divisional Forest Officer, the Sub-Divisional Forest Officer or any other Officer including a Revenue Patel or Police Patel or Village Accountant, authorised in this behalf in writing by the Conservator of Forests, Divisional Forest Officer or Sub-Divisional Forest Officer;

Other persons

(c)for forest-produce owned by any person, such person or his agent, if so authorised in writing by the Conservator of Forests, or by any Divisional Forest Officer or Sub-Divisional Forest Officer specially empowered in this behalf in writing by the Conservator of Forests; provided that such authorization shall specify the period during which it shall remain in force :

Provided that the Conservator of Forests may, in consultation with the Commissioner of Excise, require that for mhowra flowers to be removed from any specified area passes shall be issued only by the local Excise officer not below the rank of a Sub-Inspector.

(2)Any authorization may at any time be cancelled by the officer granting it.

68. Passes what to contain.

(1)Every forest pass issued under rule 67 shall specify -

(a)the name of the person to whom such pass is granted;

(b)the quantity and description of forest-produce covered by it;

(c)in the case of forest-produce referred to in clause (a) of sub-rule (1) of rule 67, the name of the village and survey number in which it was produced;

(d)the places from and to which such forest-produce is to be conveyed;

(e)the route by which such forest-produce is to be conveyed; and

(f)the period of time for which the pass is to be in force, which shall be calculated as follows :-

The day of issue plus in the case of transport by a motor vehicle, a day for transit to any point up to 80 miles from the village of origin plus an additional day for every additional 80 miles or fraction thereof, and, in the case of any other form of transport, a day for transit to any point up to 15 miles from the village of origin plus an additional day for every additional 15 miles or fraction thereof :[Provided that in the case of transport of forest produce by floating in such rivers or portions thereof as the State Government may, by general or special order, specify in this behalf, the time for transit on any such rivers or portions thereof shall be calculated at the rate of one day for every 5 miles or fraction thereof.] [Added by G.N. dated 8.2.1956.]

(2)The colour and form of each pass and the sum to be paid in respect of each book of forest passes will be such as may be prescribed by the Chief Conservator of Forests, with the previous sanction of the State Government.

69. Separate pass for each load.

- No forest pass shall ordinarily cover more than one load, whether such load be carried by a person, an animal or in a vehicle. But the Divisional Forest Officer, subject to the control of the Conservator of Forests, may, whenever he deems fit, order that one pass may cover any number of headloads or animal loads not exceeding 50 and any number of cart loads not exceeding 10 for journeys not exceeding 15 miles from and to the same places and undertaken at one and the same time.

70. Pass not to be tampered with.

- No alteration shall be made in anything printed or written on any forest pass, except in the matter of route and period and this may only be done by an authorised officer for sufficient reason to be mentioned in the pass.B. Passes issued by private persons

71. Books of blank passes to be supplied to persons authorised to issue them.

(1)When the Conservator of Forests or any duly empowered Divisional Forest Officer authorises any person or the agent of any person under clause(c) of sub-rule (1) of rule 67 to issue forest passes, he shall furnish such person from time to time with authenticated books of blank passes.

(2)The said person to whom such book is supplied shall pay the sum, if any, fixed under rule 68(2).

(3)No person who has been authorised to issue passes shall issue passes otherwise than in accordance with the conditions of his authorization.

(4)No such person shall charge any fee for any pass issued.

(5)Counterfoils of used passes to be returned. - The counterfoils of all used passes shall be returned to the officer from whom the book of passes was received and no fresh pass-book shall be supplied until the counterfoils of all passes previously used have been so returned.

(6)Counterfoils to be produced for inspection on demand. - Any person or the agent on any person who has been authorised to issue forest passes under clause (c) of sub-rule (1) of rule 67 shall be bound if called upon by any forest officer to produce for inspection or to give up the counterfoils of all passes which have been issued by such person or agent.

(7)Procedure on cancellation or expiry of authority to issue passes. - In the event of any authority given under clause (c) of sub-rule (1) of rule 67 being at any time cancelled under sub-rule (2) of the said rule or on the expiry of the period specified in such authority, the person whose authority is so cancelled or the person, the period of whose authority has so expired, as the case may be, shall forthwith return to the officer who gave the authority every unused book of forest passes and the unused portion of any such book in his possession, together with the counterfoils of used passes, if any, which he has not already returned, and the said person shall be entitled when he has returned all such unused books or portions thereof and the counterfoils of used passes as aforesaid, to receive a refund of the amount paid by him in respect of every such unused book but no refund shall be allowed in respect of any portion of such book.

(8)Forest passes issued by private persons when invalid. - No forest pass issued by any person or by the agent of any-person authorised under clause (c) of sub-rule (I) of rule 67 to issue forest passes shall have any validity,

(a)if such pass is not prepared on a blank form supplied for this purpose under sub-rule (1) of Rule 71, or

(b)if the same is issued after receipt by such person of an order cancelling the authority to issue such passes, or

(c)if the same is issued by such person after the expiry of the period specified in the authority given for the issue of such passes.

C. Forest-produce imported otherwise than by sea

72. Foreign pass.

- All forest-produce imported into the [pre-Reorganisation State of Bombay excluding the transferred territories] [Substituted by G.N. dated 22.12.1958.] otherwise than by sea shall be covered by a, foreign pass registered under rule 73, and, in the case of timber, exceeding the dimensions mentioned in rule 82 and of scented sandalwood, bear a foreign property mark registered under rule 73.

73. Form, etc., of foreign passes must be registered in Conservator's office.

- Every foreign pass must be in a form which, and must be signed by an official whose designation, have been registered in the office of the Conservator of Forests of the Circle into which it is sought to import forest produce thereunder, and every foreign property mark must be of a description which has been registered in the said office;[Provided that, at the request of an official of any State, not below the rank of a Divisional Forest Officer, the forest-produce of such State may be allowed to be imported into this State.

(a)if the import of such forest-produce is covered by foreign pass signed by a contractor or his agent whose specimen signature is registered in the office of the Conservator of Forests in charge of the Circle into which the forest- produce is sought to be imported;

(b)if the office-stamp of such official (being an official authorised by the State Government of that State to issue books of foreign passes to contractors for the export of forest-produce into another State), affixed to or imprinted on the pass under which the forest-produce is sought to be imported; and

(c)if the timber falling within rule 82, and scented sandalwood of any dimension bears a distinguishable private property mark of the owner of such timber or scented sandalwood (being a property mark, description of which has been registered in the office of the Conservator of the Forests, in charge of the Circle into which the forest-produce is sought to be imported).]

74. Divisional Forest Officer may refuse to register signature.

- In cases under the proviso to rule 73, the Divisional Forest Officer may, for reason to be recorded in writing, refuse to register the specimen signature of any contractor or his agent.

75. Imported forest-produce may be conveyed to first depot without a pass under rule 67.

- Any forest-produce which is imported otherwise than by sea may be conveyed within the limits of the [pre-Reorganisation State of Bombay excluding the transferred territories] [Substituted by G.N. dated 22.12.1958.] as far as the first depot established under rule 78 without a pass issued under rule 67, if it is covered by a foreign pass registered under rule 73, and if stacked or deposited-in any place between such limits and such depot the foreign pass covering the material shall at once be delivered at that depot.

76. Conservator may direct use of a transit mark for imported timber.- If the Conservator of Forests shall so direct, no timber exceeding the dimensions mentioned in rule 82 and no scented sandalwood which has been imported as aforesaid shall be moved beyond such first depot, without first having stamped upon it a Government transit mark of such description as the Conservator shall prescribe.

D. Saving of recognised privileges.

77. Saving of recognized privileges.

- Nothing in rules 66 to 76 inclusive shall be deemed to require or to have required the possession of a pass in cases where exemptions from such possession for enjoyment of certain privileges recognised by the State Government have been granted before the passing of these rules.E. Forest Depots.

78. Depots and their purposes.

- The Conservator of Forests may establish at such places as he shall think fit, depots to which forest-produce shall be taken -

(a)for examination previous to the grant of a pass in respect thereof under these rules; or

(b)for determining the amount of money, if any, payable on account there of to Government; and for the payment of any money so found to be due; or

(c)in order that any mark required by law or by these rules to be affixed thereto , may be so affixed.

79. Situation of depots to be published.

- The Conservator of Forests shall make known from time to time by notification in the Bombay Government Gazette, and locally in such manner as he deems fit, the name and situation of each depot in his circle.

80. Depot to be in charge of an officer.

- Each depot shall be in charge of an officer appointed by or under the orders of the Conservator of Forests without whose permission no forest produce shall be brought into, stored at, or removed from the depot.

81. Vessels conveying forest produce by river to call a depot on banks.

- The person in charge of any vessel which carries forest-produce on a river, on the banks of which one or more depots established under these rules arc situated, shall call and stop his vessel at every such depot which he has to pass, in order that the forest-produce may be examined, if necessary, under the provisions of rule 85 and the person in charge of such vessel shall not proceed with such vessel past any such depot without the permission of the forest officer in charge of such depot.F. Property and Transit Marks.

82. Property and transit marks to be affixed to timber exceeding a certain size.

- Except when it is the property of Government, timber exceeding 9 inches in girth at the thickest part and 6 feet in length and scented sandalwood of any dimensions shall not be moved from or within any district of the [pre-Reorganisation State of Bombay excluding the transferred territories] [Substituted by G.N. dated 22.12.1958.] unless it bears a distinguishable private property mark of the owner of such timber of a description which has been registered in the office of the Conservator of Forests of the Circle or of the Divisional Forest Officer, and also if the Conservator so directs unless it bears a Government transit mark of such description as shall from time to time be prescribed in this behalf by the said Conservator.

83. Registration of forms of passes or marks.

- The Conservator of Forests or the Divisional Forests Officer shall upon receipt of an application for registration of any form or mark for the purpose of rule 73 or rule 82 enquire into the authenticity of the same, and if he sees no objection, shall on payment by the applicant of such fees as shall from time to time be prescribed by the State Government in this behalf register such form or mark in his office. Every such registration shall hold good for a period of one year only, except in the case of forms and marks [* * *] [Deleted by G.N. dated 22.12.1958.] of foreign Governments, the registration of which shall hold good till they are modified or replaced by new form of marks.

84. Government marks not to be imitated or effaced.

- No person other than a forest officer whose duty it is to use such marks shall use any property marks for timber identical with, or nearly resembling, any Government transit mark, or any mark with which timber belonging to Government is marked; and no person shall, while any timber is in transit under a pass issued by any person or by the agent of a person authorised in this behalf under clause (c) of sub-rule (1) of rule 67 alter or efface any mark of the same.G. Stoppage in transit

85. Forest-produce in transit may be stopped and examined by certain officers.

(1)Forest-produce in transit may be stopped and examined at any place by any forest, police or revenue officer if such officer shall have reasonable grounds for suspecting that any money which is due to Government in respect thereof has not been paid, or that any forest offence has been or is being committed in respect thereof :Provided always that no such officer shall vexatiously or unnecessarily delay the transit of any forest-produce which is lawfully in transit, nor vexatiously or unnecessarily unload any such forest-produce, or cause the same to be unloaded for the purpose of examination.

(2)The person in charge of such forest-produce shall furnish to any such officer all the information which he is able to give regarding the same, and if he is removing the same under a pass shall produce such pass, on demand, for the inspection of such officer, and shall not in any way prevent or resist the stoppage or examination of the said forest-produce by such officer.H. Obstruction of channels

86. Prohibition of the obstruction of channels or banks of rivers.

- No person shall close up or obstruct the channel or any portion of the bank of any river lawfully used for the transit of forest produce, or throw grass, brushwood, branches or leaves into any such river, or do any other act which may cause such river to be closed or obstructed.

87. Measures to be taken for removal of obstructions.

(1)Any forest officer not lower in rank than an Assistant Conservator of Forests, may take such measures as he shall at any time deem to be emergently necessary for the prevention or removal of any obstruction of the channel, or of any part of a bank of a river lawfully used for the transit of forest-produce; but any such case which is not emergent shall be reported to the Collector, who may by written notice require the person whose act or negligence has caused or is likely to cause the obstruction, to remove or take steps for preventing the same within a period to be named in such notice, and, if such person fails to comply with such notice, may himself cause such measures to be taken as he shall deem necessary.

(2)The cost reasonably incurred by a forest officer or by the Collector under this rule shall be payable to the State Government by the person whose act of negligence has necessitated the same.[I. Conversion of Timber within certain distance of Forests.] [Heading and Rule 88 containing sub-rule (1) to (10) substituted by G.N. dated 12.9.1960.]

88. Prohibiting conversion of timber within certain distance of forests.

(1)

(i)Within the limits of any reserved or protected forest (whether in charge of the Forests or Revenue Department) or of any land in respect of which a notification under section 4 declaring that it has been decided to constitute such land a reserved forest has been issued and within one mile of such limits, no person shall establish a sawpit for the cutting or converting of timber or manufacture charcoal without the previous sanction in writing of the Range Forest Officer; or

(ii)Within the limits of any reserved or protected forest, or of any land referred to in clause (i) and within [eighty kilometres] [Substituted for the words 'twenty miles' by G.N. dated 19.8.1981.] of such limits, no person shall erect or operate any machinery or saw-mill for cutting or converting of timber, without obtaining a licence in that behalf.

(2)Any person desiring to establish a saw-pit or to manufacture charcoal under clause (i), or to erect or operate any machinery or saw-mill under clause (ii) of sub-rule (1) shall make an application in that behalf to the Range Forest Officer and Divisional Forest Officer, respectively :Provided that where within a period of one month from the date of the application the applicant fails to receive the sanction under clause (i) of sub-rule (1), the applicant may proceed to establish the saw-pit or to manufacture charcoal, but not so as to contravene any of the provisions of the Act or any rules made thereunder.

(3)On receipt of an application under sub-rule (2) the Range Forest Officer, or as the case may be, the Divisional Forest Officer shall make such enquiry as. he deems fit and after satisfying himself on the question whether or not there would be any objection to granting the sanction or licence applied for having regard to safeguarding the timber in any reserved or protected forest or in any land referred to in sub-rule (1), may grant the sanction or licence in the form in Schedule EE subject to the conditions set out therein, or refuse to grant the sanction or licence ;[Provided that, where the State Government is satisfied, having regard to the facts and circumstances in any case or class of cases and the need for conservation of forests, that any additional conditions are required to be included in any licence or class of licences, the State Government may, by order, direct that such additional conditions as may be specified in the order shall be included in the licence or class of licences to be granted by the Divisional Forest Officer.] [Proviso added by G.N. dated 17.5.1985.]

(4)Every licence granted or renewal under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st day of December next following the date of its issue or renewal.[(4-a) Notwithstanding anything contained in sub-rule (4), in case the renewal fee is paid for ten years at a time under sub-rule (6A) then, every licence granted or renewed under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st December of the 10th year of following the date of its issue or renewal.] [Sub-rule (4-a) was added by G.N. dated 6.11.1998.]

(5)The Divisional Forests Officer, may on application made to him, renew the licence issued under sub-rule (3) with effect from the date of its expiry.

(6)An application for renewal of a licence shall be made before the expiry of the period of the licence; and failure to renew will render the licensee liable to punishment for operating the sawmill without a licence.

(6A)[ No licence to erect or operate any machinery or saw mill under clause (ii) of sub-rule (1), and no renewal of a licence issued under sub-rule (3), shall be granted, unless the applicant or the licensee, as the case may be, pays [the licence fee of Rs. 1000 and the [renewal fee of Rs. 750] [Sub-rule (6A) was inserted by G.N. dated 19.8.1981.] ] [Added by G.N. dated 10.5.1962.] per year per cutting or sawing machine installed in the sawmill. [The licensee, if desires, may be allowed to pay in advance, the aforesaid renewal fee for a period of ten years at a time.] [Added by G.N. dated 22.7.1997.][(6-B) Where it is shown to the satisfaction of the licensing authority that the original licence granted under sub-rule (3) has been lost, tom, defaced or mutilated in any other manner before the expiry of the period of such licence, a duplicate of the said licence shall be granted to the licensee on payment of a fee of [rupees seven hundred and fifty.] [Sub-rule (6B) was inserted by G.N. dated 22.1.1986.][(6-C) For the purposes mentioned below, the fees respectively mentioned against each of them shall be charged :

(1)	For transfer of licence in the name of the legal heir orpurchaser.	[Rs. 3000] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.
(2)	For relocation of saw-mill.	[Rs. 5000] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.
(3)	For transfer of saw mill licence from one person to anotherincluding relocation of saw-mill from one place to other.	[Rs. 7500] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.]

[Sub-rule (6C) was inserted by G.N. dated 14.7.1992.]

(7)Notwithstanding anything contained in the foregoing sub-rules, the Divisional Forests Officer may, where he has reason to believe that a licensee is operating the saw-mill in contravention of the provision of these rules and conditions of the licence or the licensee is indulging in activities prejudicial to the interests of forest conservancy, at any time, [suspend the licence for a period not exceeding three months or revoke, the licence granted under these rules, without prejudice to any other action which may be, or may have been, taken under the Act, or these rules for such contravention or activities.] [Substituted for the words 'revoke and licence granted under this rule' by G.N. dated 19.8.1981.]

(8)Where a Divisional Forest Officer refuses to issue, or [renew, or suspends, or] [Substituted for the owrds 'renew, or' by G.N. dated 19.8.1981.] revokes, a licence granted under this rule, he shall do so by an order communicated to the applicant or holder, as the case may be, giving reasons in writing [for such refusal, suspension] [Substituted for the words 'for such refusal' by G.N. dated 19.8.1981.] or revocation.

(9)[(i) Any person aggrieved by an order made under sub-rule (8), may within 30 days of the service on him of the order, appeal to the Conservator of Forests, who shall decide the appeal after giving such person and Divisional Forest Officer making the order, an opportunity of being heard.

(ii)Any person aggrieved by the appellate order of the Conservator of Forests may, within 30 days of the service on him of such order prefer a second appeal to the Chief Conservator of Forests, who shall decide the second appeal after giving such person an opportunity of being heard and the decision of the Chief Conservator of Forests shall be final.]

[Provided that * * *] [Proviso which was added by G.N. dated 8.7.1982 is later deleted by G.N. dated 6.10.1983.]

(10)[ Nothing contained in this rule, including any directions-issued by the State Government under sub-rule (11) of this rule, shall apply to the ordinary operation of domestic carpentry or to other similar work on a small scale.Explanation. - For the purposes of this rule, the expression "other similar works on a small scale" shall mean and include carpentry units which are not primary consumers of wood and which do not consume any fresh material for primary sawing but undertake only re-sawing operations of carpentry works for making small wooden articles such as toys, photo-frames, boxes, etc. taken up as vocation in the form of cottage industry or a small scale industry, using circular saw of diameter 12" or below, for the purpose of such carpentry works, but shall not include other small-scale units involved in saw mill operations taken up on commercial basis as a small scale industry.] [Substituted by G.N. No. SWM. 1093/CR-331/F-6, dated 3.11.2003.]

(11)[(a) The powers conferred by this rule on the Divisional Forest Officer of granting a licence for erecting or operating any machinery or saw mill for cutting or converting of timber, and of refusing, renewing and revoking such licence, shall be exercised by him under the [general control] [Sub-rule (11) was added by G.N. dated 16.7.1981.] of the State Government.

(b)Where the State Government is satisfied that for the conservation of trees and forest, or for carrying out any other purpose of the Act, it is necessary to issue directions to the Divisional Forest Officers, licensees and other persons concerned, for their guidance in matters of policy to be followed in public interest in regard to the issue, refusal, renewal, [Suspension or revocation of licences under this rule, generally or in any specified category of cases, the State Government may, from time to time, by notification in the Official Gazette, issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensees and other persons concerned.] [Inserted by G.N. dated 19.8.1981.]

(12)[(a) The powers conferred by this rule on the Range Forest Officer of granting or refusing sanction for manufacture of charcoal shall be exercises by him under the general control of the State Government.

(b)Where the State Government is satisfied that for conservation of trees and forest or for carrying out any other purpose of the Act, it is necessary to issue directions to the Range Forest Officer, sanction holders and other persons concerned for their guidance in matters of policy to be followed in public interest in regard to the issue or refusal of sanctions under this rule, generally or in any specified category of cases, the State Government may, from time to time, by notification in the Official Gazette issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensees and other persons concerned].

J. Exclusion of local areas from applicability of rules.

89. Local areas to which the rules are not applicable to be published.

- The State Government may by notification in the Bombay Government Gazette exempt from the operation of the rules contained in this Chapter any local area specified in such notification.

Chapter VII
Trees in Occupied Lands

(Sections 41 and 76)A. Preservation, protection and exploitation of reserved and other trees in occupied lands

90. Reserved trees.

- The expression "reserved trees" in this Chapter shall include teak, blackwood, sandalwood, and other trees or their aftergrowth, the right of Government to which has been reserved under the provisions of the Bombay Land Revenue Code, 1879 or rules made thereunder.

91. Cutting etc. of reserved trees in occupied lands prohibited except when permitted.

- No person shall cut, lop, or in any a way injure, appropriate or remove any reserved tree, or any loppings thereof, which is grown or growing on lands belonging to or in the occupation of private persons; or knowingly or wilfully permit or abet the cutting,, lopping, injuring, appropriating or removing of the same by any other person, without having first obtained permission in accordance with the rules in this Chapter.

92. Purchasers of reserved trees not to be obstructed in cutting and removing them.

(1)No person shall obstruct any purchaser, lessee or other transferee of the trees mentioned in rule 91, in cutting, lopping, injuring, appropriating or removing such trees when the cutting, lopping, injuring or removing of such trees is done by the purchaser, lessee or transferee or any person acting on his behalf with the previous permission of the Collector or the Conservator of Forests.

(2)Collector and other officers may assist purchases in cutting and removing reserved trees. It shall be lawful for the Collector, any Forest Officer or Police Officer to render assistance to a purchaser, lessee or other transferee of such trees or any person acting on his behalf in the cutting, lopping, injuring, appropriating or removing of the same.

93. Occupants responsible for preservation of reserved trees.

- Every occupant or holder of land shall be responsible for the due preservation of all reserved trees growing on the land and shall, in the event of an injury to any such tree from whatever cause, as soon as possible report such fact to the nearest local Revenue or Forest Officer.

94. Royalty to be paid before cutting or removal of reserved trees and permission required for cutting, etc., of sandalwood and certain other timber.

(1)No person shall -

(a)cut or remove reserved trees without paying the royalty prescribed by the State Government or value thereof and without obtaining a receipt for such payment passed by a Forest Officer empowered by the Conservator of Forests in this behalf, or

(b)Without obtaining permission from the Divisional Forest Officer, the grant of which shall be subject to such conditions as the State Government may from time to time prescribe, -

(i)cut or uproot reserved trees or remove timber obtained from reserved or unreserved trees, of the species mentioned in column 2 of the Schedule F hereto annexed in or from the districts or parts of districts mentioned against them in column 3 of the said Schedule, or

(ii)cut or mark limber obtained from reserved or unreserved sandalwood trees or convert the same into powder or oil or in any other manner.

(2)Nothing contained in sub-rule (1) shall be deemed in any way to. modify or cancel any order regarding reservation of trees made under the provisions of the Bombay Land Revenue Code, 1879, or of the Land Revenue Rules, 1921.

95. Mode of application for permission to cut and remove trees or timber.

- Every person seeking to obtain permission for cutting or uprooting any trees or removing any timber referred to in rule 94 shall apply in writing to the Divisional Forest Officer. Every such application shall clearly specify the survey numbers, the names of the villages, the name of the taluka and the number and kinds of trees sought to be cut or uprooted or the kind and quantity of the timber sought to be removed from each survey number. In case the survey numbers containing the trees or timber are held by a number of persons, a joint application shall be made by all the occupants if however one of the occupants applies for permission, the written consent of the remaining occupants to allow the applicant to cut or uproot the trees or remove the timber shall be appended to the application.

96. Enquiries to be made by the Divisional Forest Officer and grant of permission.

- On receipt of an application under rule 95, the Divisional Forest Officer shall make such enquiry as he deems necessary regarding the title of the applicant to the trees or timber, and on the conclusion of such enquiry he shall, unless there is any reason to the contrary and subject to any limitations or conditions prescribed under rule 94 by the State Government in this behalf, give the permission in writing applied for ;Provided that in the case of reserved trees the prescribed royalty or value thereof shall be recovered before such permission is granted :Provided further that permission to cut aftergrowth of teak in Varkas lands in the Thana district, the right to which vests in Government, shall not be given unless the trees sought to be cut are required for the genuine agricultural or domestic needs of the applicants or for the benefit of the villagers generally and are not required for sale or barter.

97. Conditions of the permission to be observed by the applicant.

- Every applicant shall be bound by the conditions contained in the permission granted under rule 96. Such permission shall specify inter alia the name of the officer to whom the permit is to be shown by the applicant prior to the cutting or uprooting of the trees or removal of the timber and the period within which the trees are to be cut or uprooted or the timber is to be removed.

98. Cutting, etc., to be done after marking.

- On receipt of the permission the applicant shall take it to the officer named therein and shall cut or uproot the trees or remove the timber after they have been marked by that officer with such mark as may be prescribed for the purpose by the Conservator of Forests.

99. Transit rules in Chapter VI to apply in the matter of removal and conversion.

- The rules in Chapter VI shall apply in the matter of removal and conversion of the timber referred to in this Chapter. The following supplementary rules 100 to 104 shall apply in addition in regard to the conversion and marking of all sandalwood timber referred to in clause (b)(ii) of rule 94(1), and rules 105 to 108 shall apply in regard to the conversion of timber obtained from other trees referred to in rule 94.B. Conversion and marking of sandalwood.

100. Mode of application for permission for conversion or marking of sandalwood.

- An application for the grant of permission for conversion or marking of sandalwood timber under clause (b)(ii) of rule 94(1) shall clearly show the source from which the sandalwood timber has been derived and shall be accompanied by documents proving the applicant's title to the same.

101. Enquiry to be made by the Divisional Forest Officer.

- On receipt of an application under rule 100, the Divisional Forest Officer, after making such enquiries as he deems necessary, regarding the applicant's title to the sandalwood timber, shall, on the conclusion of such enquiries, issue the necessary permission if the timber is found to belong to the applicant.

102. Conditions to be observed by the applicant.

- The applicant shall be bound, by the conditions contained in the permit under rule 101. Such permit shall specify inter alia the name of the place or places where and the period within which the conversion of sandalwood shall be carried out.

103. Private property marks to be registered by dealers in sandalwood.

- Dealers in sandalwood who wish to sell the wood wholesale or retail must get private property marks registered as provided in the rules contained in Chapter VI.

104. Return of permit.

- On expiry of the period entered in the permit issued under rule 101 it shall be returned to the Divisional Forest Officer.C. Conversion of trees other than sandalwood.

105. Mode of application for conversion of timber other than sandalwood.

- If the timber obtained from trees other than sandalwood, referred to in rule 94, is sought to be converted at a place to which the provisions of rule 88 are applicable, the applicant shall apply in writing for permission of to the Range Forest Officer giving him the particulars as to the place, time and quantity of timber sought to be converted and such other particulars as may be required by that officer.

106. Enquiries to be made by Range Forest Officer and issue of sawing permit.

- On receipt of an application under rule 105, the Range Forest.Officer shall make such enquiry regarding the timber to be converted and the place where the saw-pit is to be erected and on satisfying himself as to the source and ownership of the timber to be converted and on seeing that it is not. stolen from the forests he shall issue a sawing permit to the applicant.

107. Conditions to be observed by the applicant.

- The applicant on receipt of the sawing permit shall be bound by the conditions contained therein. Such permit shall specify, inter alia, the name of the applicant to whom the permit is given, the place where the saw-pit is to be erected and the period within which the timber is to be converted.

108. Return of sawing permit.

- On expiry of the period entered in the sawing permit issued under rule 106 the applicant shall return the same to the Range Forest Officer.

Chapter VIII
Drift and Stranded Timber

(Section 51)

109. Collection of drift and stranded timber and disposal thereafter.

(1)Any person may collect timber of any of the descriptions set forth in section 45 and, pending the bringing of the same to the proper depot for the reception of drift-timber, may keep the same in his own custody, but he shall report his having done so within twenty-four hours to the nearest Forest Officer.

(2)The Forest Officer in charge of the Range in which the timber has been found shall, pending completion of the proceedings under sections 46 to 48, take possession of the timber and unless in his opinion the probable proceeds of the sale of timber are not likely to exceed the cost incurred on collecting it together with the probable cost of conveying it to a depot appointed for the reception of drift timber, he shall convey the timber to such depot.

110. Registration of boats for salving and collecting timber.

- Any person may register in the office of the Conservator of Forests one or more boats for use in salving and collecting timber on payment of a fee of one rupee for each boat.Such registration shall hold good for the period of one year only, but may be repeated from year to year.

111. [ Persons collecting timber entitle to recompense. [Substituted by G.N. of 7.10.1961.]

- Every person, whether a Forest Officer or not, who collects such timber, shall, regard being had to the amount spent and efforts made by him for such collection, be entitled to receive a recompense-

(1)not exceeding 50 per cent, of the amount realised by Government by sale of such timber after deducting the cost, if any, incurred by Government for such sale and for storage, if the timber collected proves to be the Government property; and

(2)not exceeding 50 per cent, of the estimated value, if the timber collected proves to be the property of any person other than Government.The amount of such recompense and estimated value shall be determined and paid,-

(a)where such amount does not exceed Rs. 500 by such officer, not lower in rank than an Assistant Conservator of Forests, as the State Government may authorise in this behalf, and

(b)in any other case, by the State Government.]

112. When collected timber belongs to private person such persons to pay all costs.

- If the timber collected shall be proved to be the property of any person other than the State Government, such person shall be liable to pay to the State Government under section 50 of the Act the following amounts, viz., :

(1)on account of salving and collecting, the actual amount of recompense paid to the person who collected it;

(2)on account of moving, the actual cost incurred in moving it to the depot for the reception of drift timber;

(3)on account of storing, such fees as shall from time to time be fixed by the Conservator of Forests, with the previous sanction of the State Government for the storing of timber at such depot.

113. No person other than authorised Forest Officer to mark timber.

- No person other than a Forest Officer authorised in this behalf by the Conservator of Forest shall mark any timber to which the rules in this chapter apply.

Chapter IX
Powers and Duties of Forest Officers and Revenue Officers.

[Section 76(a)]

114. Commissioner to be chief controlling authority.

- Subject to the control and direction of the State Government, the Chief Controlling Authority in any division in all matters relating to forest administration, except those mentioned in rule 115, shall be the Commissioner.

115. Duties of Commissioners.

- Except in matters relating to departmental finance, purely technical forest operations, appointment, leave or transfer of establishment, and other matters with which the Chief Conservator is empowered to deal the [Commissioners concerned] [Substituted by G.N. dated 22.12.1958.] shall, for the purposes of administration,-

(a)issue orders and instructions to Collectors and Conservators;

(b)interpret the orders of the State Government where any question arises as to the meaning of such orders;

(c)settle all matters in which any difference of opinion arises between the Forest Department and any other department;

(d)promote generally the harmonious working of the Revenue and Forest Departments; and

(e)receive, consider and when such reference is necessary, refer to the State Government, with their own views, in each case, all reports respecting forest matters submitted to them, whether from the Revenue or from the Forest Department.

116. Collectors to be responsible for forest administration.

- Except in matters relating to purely technical forest operations, the Collector of each district is responsible for forest administration and the. Divisional Forest Officers shall be assistants to the Collector and subject to his orders.

117. Chief Conservator, his powers and duties.

- The Chief Conservator of Forests is the head of the Forest Department and the technical advisor of the State Government in forest matters. He is empowered to deal on his own authority with purely technical question, such as the operation of sanctioned working plans, fire protection and silvicultural operations generally, and with matters regarding which powers have been delegated to him. In regard to all purely technical matters he will be the controlling authority over the Conservators and in regard to other matters he shall be in the position of advisor, being consulted either by the Commissioner or by the State Government as the case may be.

118. Powers of Conservators.

- Subject to the other provisions of these rules and subject to the instructions issued by the Chief Conservator from time to time, each Conservator of Forests in his own Circle shall direct all technical forest operations.

119. Conservators to control Forest-Officers.

- Except in so far as is otherwise directed in orders of the State Government, the departmental control of all Forest-Officers in a Circle vests in the Conservator of Forests of that Circle, subject to the control of the Chief Conservator.

120. Procedure regarding departmental communications.

- In matters relating to departmental finance or to appointment, transfer or leave of establishment, and in those mentioned in rule 117, as matters to be dealt with by the Chief Conservator, on his own authority, the Conservators shall address all communications to the Chief Conservator. On other subjects they shall address the Commissioner concerned.

121. Divisional Forest Officers.

- All Divisional Forest Officers and their sub-ordinates shall, in all but purely technical matters, be subordinate to the Collector of the district in which they are serving. Postings, punishments, rewards, leave and transfer of subordinate forest establishment shall be made, awarded or granted by the Divisional Forest Officer subject to the general power of control vested in the Chief Conservator of Forests.

122. Powers of Collector and Divisional Forest Officer regarding local supply, public rights, pastures, etc.

- In all matters relating to supply of forest produce' including grass for the domestic and agricultural requirements of the villagers, grazing and the rights and privileges of the people in or in respect of forest, orders shall be issued by the Divisional Forests Officer after approval by the Collector.The management and control of the pastures and fodder reserves handed over to the Revenue Department vests exclusively in the Collector subject to the orders of the Commissioner and of the State Government. In this respect, of the Conservator of Forests and the Divisional Forest Officers are to act in the capacity of consultative officers, advising and giving their opinions on all questions of a technical character that may be referred to them by any of the said authorities.

123. Forest Compartment not to be closed except under the orders of the Collector.

- No forest compartment shall be closed, whether for planting or reboisement or for punitive purposes, except under the order or with the approval of the Collector.This rule does not apply to the closure of compartments in accordance with a duly sanctioned working plan.

124. Certain cases to be submitted through the Collector - Difference of opinion.

- Subject to any instructions which may be given by the Commissioner, orders issued by a Conservator to any Divisional Forest Officer and all correspondence between the Conservator and any such officer on the following subjects shall be forwarded through the Collector who will record such remarks thereon or in matters other than such as are described in rules 117 and 118 give such directions with regard thereto as he thinks fit :Working Plans,Fixing of rates for sale of minor forest produce,Forest Settlements,Afforestation and disforestation,Rights and privileges,Closure of forest areas in respect of grazing or other privileges, Enhancement or reduction of grazing fees,Local supply of fuel grass and grazing,Rab,. dalhi or kumri cultivation,Annual administration report,Recovery of forest revenue or outstandings under section 82 and of penalties due under bond under section 85 of the Act,Supply of fire-arms,Diaries of Divisional Forests Officers,Civil suits.Thefts of Government money.In the event of a difference of opinion between a Collector and the Conservator of Forests, cither officer may refer the matter to the Commissioner, who will either dispose of the reference himself, or, if he thinks it necessary, obtain the orders of the State Government.

125. Order of forest officers to village-officers to be ordinarily sent through Mamlatdar.

- Orders by forest officers to village-officers shall ordinarily be sent through the Mamlatdar to whom the village-officers are subordinate but may, if urgent, be sent direct: provided that in the latter case a copy of the order shall at the same time be sent to such Mamlatdar as aforesaid.

126. Forest guards not to leave beat for report to revenue or police officer.

- No revenue or police officer shall call a forest guard off his beat, nor shall a forest guard leave his beat in order to report himself to such officer.

127. Action to be taken when felling of a compartment is delayed beyond due time.

(1)If it becomes necessary to delay the felling of a compartment beyond the time at which such felling would, according to regular rotation, be due, the Divisional Forest Officer shall, subject to the orders of the Conservator and the Chief Conservator as regards, deviations from sanctioned working plans, and with the approval of the Collector when necessary under rule 122, make arrangements for meeting the requirements of villagers in the locality.

(2)For such purpose the villagers may, if necessary, and if no other arrangement is practicable, be permitted to enter the compartment the felling whereof has been so delayed and lop for themselves, under the supervision of a forest subordinate appointed for the purpose by the Divisional Forest Officer, the material to which but for such delay, they would have been entitled.

Chapter X
Contracts

[Sections 76(d) and 85]

128. Persons entering into contract with Forest-Officers execute written instrument to perform contract and expenses in case of breach.

- Whoever enters into any contract with any Forest-Officer acting on behalf of the Governor of Bombay, shall, if so required by such Forest-Officer, bind himself by a written instrument to perform such contract and to pay to such Forest-Officer on behalf of the Governor of Bombay the expenses necessary for or incurred in the execution of any work or thing to be done which he has bound himself but has failed to do.Explanation. - A person, who makes a written tender for a contract, or who signs the conditions of an auction sale at which he is a bidder, such tender or conditions of sale being on or in a form furnished by a Forest-Officer for that purpose, whereby he -

(a)binds himself to perform the contract for which he tenders or bids, in the event of his tender or bid being accepted, or

(b)binds himself not to withdraw his tender or bid during the time that may lapse before its acceptance or refusal is communicated to him,

shall be deemed to have been required by such Forest-Officer to bind himself as aforesaid, andin case (a) on the acceptance of his tender or bid, orin case (b) on the making of his tender or bid.to have bound himself accordingly, within the meaning of this rule and any such person need not enter into a separate written instrument, for the purpose, unless specially so required by the Forest-Officer with whom he contracts.

Chapter XI
Penalties and Rewards

[Sections 42, 51 and 76(b)]

129. Penalties for breach of certain rules.

- Whoever contravenes the provisions of rules 66, 70, 71(3) to (7), 72, 75, 76, 80 to 82, 84, 85(2), 86, 88, 102, 104, 105, 107 to 109, or 113 shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.

130. Rewards out of fines and confiscations.

- A Conservator of Forests or a Divisional Forest Officer of not less than seven years' service in gazetted rank empowered by the Conservator in this behalf, and in the case of reserved or protected forests handed over to the Revenue Department for management, the Collector of the district may authorise payment by way of reward, of such sum as he deems fit out of the fund recovered or the proceeds of property confiscated under the Act, to any person by whose assistance the conviction was obtained or the property liable to confiscation discovered :Provided that except in any case where the Magistrate otherwise directs, is the aggregate amount of rewards paid under this rule shall not exceed one-half the net proceeds of the fine or confiscation.[Schedules A, B] [Schedules A and B were deleted by G.N. dated 22.12.1958.]Deleted

C

[See rules 47(b) and 50]

(a)Kinds of trees excluded from the term "injaili" as defined in rule 47(b) -

(i)in the case of the protected forest in the district of Thana :

1. Teak (Tectona grandis),

2. Blackwood (Dalbergia latifolia),

3. Sandalwood (Santalum album),

4. Tiwas (Ougeinia dalbergioides),

5. Khair (Acacia catechu);

(ii)in the case of the protected forest in the Peint taluka of the Nasik district :

1. Teak (Tectona grandis),

2. Blackwood (Dalbergia latifolia),

3. Sandalwood (Santalum album),

4. Tiwas (Ougeinia dalbergioides),

5. Khair (Acacia catechu),

6. Mhowra (Bassia latifolia),

7. Hirda (Terminalia chebula),

8. Mango (Mangifera indica),

9. Tamarind (Tamarindus indica);

(iii)in the case of the protected forest in the district of Kolaba:

1. Teak (T ectona grandis),

2. Blackwood (Dalbergia latifolia),

3. Sandalwood (Santalum album),

4. Khair (Acacia catechu),

5. Apta (Bauhinia racemosa),

6. Dhavda (Anogerissus Latifolia),

7. Dhamni (Grewia tiliaefolia),

8. Shivani (Gmelina arborea),

9. Jamba (Xylia xylocarpa)

(b)Kinds of injaili fruit trees referred to in rule 50, which a cultivator shall not cut down, lop of pollard :

(i)in the protected forest in the district of Thana

1. Hirda (Teminalia chebula).

2. Mango (Mangifera indica),

3. Mhowra (Bassia latifolia),

4. Tamarind (Tamarindus indica),

and in addition the thirteen kinds of trees mentioned in clause (ii) below;

(ii)in the protected forest in the Peint taluka of the Nasik district :

1. Alu (Vangueria spinosa),

2. Ambada (Spondias mangifera),

3. Awla (Phyllanthus emblica),

4. Beheda (Terminalia belerica),

5. Bhokar (Cardia myxa),

6. Bor (Zizyphus jujuba),

7. Jambul (Eugeniajambolana),

8. Kawath (Feronia elephantum),

9. Phanas (Artocarpus integrifolia),

10. Tad palm (Borassus flabellifer) except for lopping of leaves for the gatherer's domestic use for thatching only.

11. Temburni (Diospyros melanoxylon),

12. Toran (Zizyphus inoplii),

13. Umbar (Ficus glomerata);

(iii)in the protected forest in the district of Kolaba:

1. Hirda (Terminalia chebula),

2. Mango (Mangifera indica),

3. Mhowra (Bassia latifolia).

4. Temburni (Diospyros melanoxylon).

D

[See rule 56]Form of LeaseToA.B., resident of. . . . . . . . . . . . . . . . . . . . .I, C. D. (here enter the executant's official designation), on behalf of the Governor of Bombay, hereby grant to you A.B., a lease for . . . . . . . . . years, commencing from the. . . . . . . . . . . . . . .day of. . . . . . . . . . . . . .19 , of the field No. . . . . . . . . . . .in the protected forest of the village of. . . . . . . . .in the Akola Taluka of the Ahmednagar District on payment of a annual rent therefor of Rs. . . . . . . . . . . . . . . .This lease is granted subject to the provisions of the Indian Forest Act, 1927, and of the rules made thereunder.Dated the. . . . . . . . . . . . . . . day of. . . . . . . . . . 19

(Signed)C.D.

E

[See rule 56]Form of Counterpart AgreementToThe Governor of Bombay.I, A.B., inhabitant of. . . . . . . . . . . . . . .in the Akola Taluka of the Ahmednagar District, hereby accept the lease of the field No. . . . . . . . . . . . . in the protected forest of the above village for the term of. . . . . . . . . . years, commencing on the. . . . . . . . . . . . .day of. . . . . . . . . . . . . . . . .19, subject to the provisions of Indian Forest Act, 1927, and the rules made under this Act, and I undertake to pay annually Rs. . . . . . . . . . .on account of the rent of the said No. . . . . . . . . . . . . . . .in the installments and on the dates prescribed in this behalf in the rules aforesaid.Dated the. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . .19Written by

(Signed)Signed by A.B. in the presence of -........................................

................................................................................EndorsementWe, the undersigned, declare that, to the best of our knowledge and from the best information we have been able after careful inquiry to obtain, the person who has executed this agreement is A.B. resident of the abovenamed village of . . . . . . . . . . . . . . .and that he has been residing in the said village for a period exceeding five years and is a fit person to be accepted as responsible for the punctual payment of the rent of the land which has been leased to him.

(Signed)E.F., Patel

(Signed)G.H., Accountant, of the above village of................

[Schedule EE] [Inserted by G.N. dated 12.9.1960.](See rule 88)Licence to erect/operate machinery/saw mill for cutting or converting of timberRegistered No.Licence is hereby granted to Shri . . . . . . . . . . . . . . . . . . . . . . . . . .(In block letters) of...................................

(Address)(hereinafter called "the licensee") to erect machinery/operate saw mill for cutting! converting of limber at. . . . . . . . . . . . . . . . . . . subject to the provisions of the Indian Forest Act, 1927, in its application to the State of Maharashtra and the rules made thereunder and the following conditions, namely :

ConditionsThis licence shall remain in force for the period commencing on and ending on the. . . . . . . . . . . . . . . . . . . . . 19. . . . . . . . .

2. [ The licensee may erect/operate the machinery/saw-mill required for cutting or converting of timber within eighty kilometres of. . . . . . . . . . . . . . . . . . . at. . . . . . . . . . . . . . . . . (hereinafter referred to as "the saw mill") which shall consist of cutting or sawing machines of the following description:

Serial No. Description of the cutting or sawining machine

3. The licensee shall not alter the location of the saw mill without obtaining the prior written permission of the Divisional Forest Officer.

4. The licensee shall maintain such registers and submit such periodical returns as may be directed by the Divisional Forest Officer within whose jurisdiction the saw mill is located.

5. The licensee shall see that -

(a)the site of the saw mill including the yards for storage of round timber, sawn timber and waste wood is enclosed within a fence fitted with proper gates,

(b)all the round timber, sawn timber and wood waste is properly stocked, according to the instructions that may be issued from time to time by the supervisory staff so as to facilitate stock taking,

(c)timber for sawing or conversion is not accepted unless it bears property mark and is covered by a forest transit pass or other documentary evidence such as a cash receipt from the timber merchant,

(d)timber which does not conform to the requirement of clause (c) is not accepted for conversion and intimation in respect of such timber is forthwith given to the supervisory . guard or the nearest forest officer,

(e)the saw mill as well as the timber stored within the premises of the saw mill is open to inspection at all times by any Officer of the Forests Department or by any member of the supervisory staff appointed for this purpose,

(f)[the licence and the registers maintained under condition 4 are produced] for inspection of demand by any authority aforesaid.

6. The licence shall be transferable and where it is transferred, the transferor shall, on transfer of the licence, forthwith inform the Divisional Forest Officer of such transfer and the transferee shall hold the licence for the period specified therein.

Seal of the Divisional ForestOfficer.Dated. . . . . . . . . . . day of . . . . . .19.Divisional Forest Officer.(Signature of)]

F

[See rule 94(1)(b)(i)]List of trees in each district which may not be cut or removed without the permission of the Divisional Forest Officer under clause (1)(b)(i) of rule 94

Name of district	Species of trees to which rule 94(1)(b)(i)applies	Areas to which rule 94(1) applies
1	2	3
1. Broach and Panch Mahals	1. Teak	Panch Mahals Sub-division
	2. Blackwood
	3. Sandalwood
2. Surat
3. Nasik
4. East Khandesh
5. West Khandesh	1. Teak	Whole district
6. Poona	2. Blackwood
7. Satara	3. Sandalwood
8. Kolaba
	[* * *] [Deleted by G.N. dated 22.12.1958.]
12. Thana	1. Teak	Whole district
	2. Blackwood
	3. Sandalwood
	4. Tiwas (Ougeinia dalbergioides)	Talukas coming under the Sanjan and Kalvan Settlements viz.,Vada Shahapur (including Mokhada peta), Dahanu (excludingUmbergaon Peta) and part of Mahim.
13. Ahmednagar	1. Teak	Whole district.
	2. Blackwood
	3. Sandalwood
	4. Jambul (Eugenia Jambolana).[* * *] [Deleted by G.N. dated 22.12.1958.]	Occupied lands on the banks of the rivers Mula, Pravara,Mhais and Mhalungi in the Parner, Rahuri, Sangamner and Akolatalukas.

NotificationsNo. TMR-1070/42283-I-W, dated 30th January, 1971 (M.G.G., Part IV-B, dated 18.2.1971, page 184). - In exercise of the powers conferred by clause (c) of the proviso to rule 66 of the Bombay Forest Rules, 1942, the Government of Maharashtra hereby exempts timber to be used for railway sleepers in the Bombay area of the State of Maharashtra by any Government owned Railway, from the operation of the rules in Chapter VI of the said Rules.No. SWM. 1081/106836-F-6, dated 16th July, 1981 (M.G.G., Part IV-A, dated 16.7.1981, page 577). - In exercise of the powers conferred by sub-Rule (11) of rule 88 of the Bombay Forest Rules, 1942, the Government of Maharashtra, being satisfied that it is necessary to do so, hereby issues the following directions for the guidance of the licensing authorities, licensees and other persons concerned, in regard to the grant of new licences under the said rule 88 for erecting or operating any machinery or saw mill for cutting or converting of timber, namely :Until further orders are issued by the State Government, no new licence under the said rule 88 shall be granted by the Divisional Forest Officer, except where a no objection certificate for the establishment of a saw mill was given by the Forest Department, prior to the date of issue of these directions, and except with the prior approval of the Chief Conservator of Forests, provided that (he following conditions are also satisfied :-

(1)The applicant has purchased machinery or incurred financial or other liabilities of a substantial nature, prior to the date of issue of these directions.

(2)The applicant has fulfilled other formalities relating to industrial licence, municipal licence, etc.

(3)The saw mill is to be located at least 10 kilometres outside the boundary of any reserved or protected forest.

2. Where, in the opinion of the State Government, there is substantial tree growth in any area, which is at least 25 kilometres from the boundary of any reserved or protected forest and which is not served by any saw mill or which is served by only one saw mill, the State Government may by order approve the issue of a new licence or a second licence, as the case may be, by the Divisional Forest Officer, in order to provide the facility of a saw mill in that area or to eliminate the monopoly of the existing saw mill in that area, as the case may be.

No. SWM. 1081/106836(a)/F6, dated 19th August, 1981 (M.G.G., Part IV-A, dated 22.10.1981, page 1087). - In exercise of the powers conferred by sub-rule (11) of rule 88 of the Bombay Forest Rules, 1942, the Government of Maharashtra, being satisfied that it is necessary to do so, hereby issues the following directions further to amend the directions issued under Government Notification, Revenue and Forest Department, No. SWM. 1081/106836-F-6, dated the 16th July 1981, namely :In the said notification,-

(a)for the words "the prior approval of the Chief Conservator of Forests" the words "the prior approval of the Conservator of Forests" shall be substituted;

(b)after clause 2, the following clauses shall be added, namely :-

"3. Where a saw mill was actually in operation on the 16th July, 1981 without a valid licence and the State Government is satisfied that the closure of such saw mill would not be proper in the public interest, having regard to the substantial investment made and the services rendered by it to the members of the community in the area, the State Government may, subject to conditions specified in sub-clauses (2) and (3) of clause 1, by general or special order, approve the grant of a licence by the Divisional Forest Officer to such saw mill :Provided that, an application in that behalf is made to the licensing authority on or before the 30th September 1981 and the applicant pays all the amount equal to the sum total of the licence fee and the renewal fee for the entire period since the initial commencement of the operation of the saw mill.Explanation. - For the purposes of this clause, a saw mill shall be deemed to have been actually in operation on the 16th July, 1981, notwithstanding the fact that its operation was stopped or suspended earlier at the instance of the Divisional Forest Officer on the ground of not holding a valid saw mill licence.

4. Notwithstanding anything contained in these directions, the State Government may, for reasons to be recorded in writing, by order, approve the grant of a new licence by the Divisional Forest Officer, in any case where it is satisfied that such grant of a licence is necessary to remove genuine and extreme hardship to an applicant or in public interest."

No. SWM. 183/A-611CR-4(i)/F-6, dated 30th June, 1983 (M.G.G., Part IV-A, dated 21.7.1983, page 664). - In exercise of the powers conferred by sub-rule (11) of rule 88 of the Bombay Forest Rules, 1942, the Government of Maharashtra, being satisfied that it is necessary to do so, hereby issues the following directions further to amend the directions issued under Government Notification, Revenue and Forests Department, No. SWM. 1081/106836-F-6, dated the 16th July, 1981, namely :-In the said notification, after clause 4. the following clause shall be added, namely :-"5. (1) Notwithstanding anything contained in these directions, the State Government may, suo motu, call for and examine the record of any case or proceedings of the Chief Conservator of Forests or any subordinate officer of the Forest Department, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed by the Chief Conservator of Forests or such other officer.

(2)If the State Government is satisfied that any decision or order in any proceedings so called for, should be modified, annulled or reversed, it may issue such directions to the Chief Conservator of Forests or any subordinate officer as it may deem fit and thereupon, the Chief Conservator of Forests or the concerned officer shall modify or annul or revise the decision or order, as the case may be, in accordance with such directions."No. MSC. 1087/78252(i)/CR-296-F-6, dated 3rd September, 1987 (M.G.G., Part IV-A, dated 1.10.1987, page 901). - In pursuance of the powers conferred by sub-rule (12) of rule 88 of the Bombay Forests Rules, 1942, the Government of Maharashtra, being satisfied that it is necessary to do so, hereby issues the directions for the guidance of the sanctioning authorities, sanction holders and other persons concerned, in regard to the grant of new sanctions under the said rule 88 for manufacture of charcoal that no new sanction for manufacture of charcoal under the said rule shall be granted by the Range Forest Officer until further orders are issued by Government in this respect.No. SWM. 1090/CR-57/F-6-(I), dated 28th August, 1991 (M.G.G., Part IV-A, dated 3.10.1991, page 517). - In exercise of the powers conferred by clause (b) of sub-rule 11 of rule 88 of the Bombay Forest Rules, 1942 and in supersession of all the notifications issued in this behalf, the Government of Maharashtra being satisfied that it is necessary to do so, hereby issues direction that the powers exercised by the Chief Conservator of Forests, Conservator of Forests and the Divisional Forest Officer (Deputy Conservator of Forests) relating to relocation of saw mills, and by the Divisional Forest Officer (Deputy Conservator of Forests) relating to transfer of ownership of saw mills on account of owner's death or sale of saw mill or both" shall be exercised by them subject to the conditions mentioned in the Schedule hereto appended.

2. These powers shall be exercised by,

(a)the Chief Conservator of Forests when the relocation of saw mill is from one circle to another;

(b)the Conservator of Forests when such relocation is within the circle; and

(c)the Divisional Forest Officer (Deputy Conservator of Forests) when such relocation is within the Division and for transfer of ownership of saw mill on account of owner's death, to the legal successor of the deceased.

Schedule 5

1. Conditions for relocation of saw mills. - (1) A notice at the cost of the applicant should be issued in two local newspapers at the place of relocation to invite objections on the proposed transfer. The objections, if any, should be duly considered before a decision in the matter is taken by the concerned forest officer.

(2)The applicant should produce sufficient proof about the availability of adequate raw material at the new location.

(3)The concerned forest officer should satisfy himself that adequate supervision by Forest Officers would be possible at the place where the relocation is sought.

(4)The applicant will have to pay transfer fee as prescribed by Government from time to time.

2. Conditions for transfer of ownership, of saw mill on account of owner's death. - (1) In each of the cases the succession certificate or certificate from a competent authority in this respect or a court of law, should be produced by the applicant.

(2)The unit shall not be sub-divided.

(3)The number of saw machines should not be increased as a result of such transfer.

(4)The applicant will have to pay transfer fee as prescribed by Government from time to time.

3. Conditions for transfer of ownership of saw mill on account of its sale. - (1) The authenticity of the connected sale documents should be verified.

(2)A notice at the cost of the Applicant regarding change of ownership should be issued in at least two local newspapers and only after hearing the objections, if any, such change should be effected.

(3)The applicant will have to pay transfer fee as prescribed by Government from time to time.No. SWM. 1090/CR-57/F-6, dated 6th November, 2001 (M. G. G., Part IV-A, Extraordinary, dated 6.11.2001, page 559). - In exercise of the powers conferred by clause (b) of sub-rule (11) of rule 88 of the Bombay Forest Rules, 1942 and in supersession of all notifications issued in this behalf, the Government of Maharashtra being satisfied that it is necessary to do so, hereby issues direction that the powers exercised by the Chief Conservator of Forests and Conservator of Forests relating to relocation of licensed saw mills and transfer of ownership of such saw mills on account of owner's death or sale of the saw mill, or both, shall be exercised by them subject to the conditions mentioned in the Schedule hereto appended.

2. These powers shall be exercised by,-

(a)the Chief Conservator of Forests when the relocation of saw mill is from one circle to another; and

(b)the Conservator of Forests, -

(i)when such relocation is within the circle or within the division; or

(ii)for transfer of ownership of saw mill,-

(a)on account of sale, or

(b)on account of owner's death, top the legal successor of the deceased; within the circle or the division :

Provided that, no relocation shall be permitted by the Chief Conservator of Forests and Conservator of Forests on the site within 10 Kms. of any existing forests.

3. An appeal shall lie to the Chief Conservator of Forests against the decision of the Conservator of Forests and to the Government against the decision of the Chief Conservator of Forests, respectively.

Schedule 6

1. Conditions for relocation of saw mills. - (1) A notice at the cost of the applicant should be issued in two local newspapers at the place of the relocation to invite objections on proposed transfer. The objections, if any, should be duly considered before a decision in the matter is taken by the concerned forest officer.

(2)The applicant should produce sufficient proof about the availability of adequate raw material at the new location.

(3)The concerned Forest Officer should satisfy himself that adequate supervision for Forest officer, would be possible at the place where the relocation is sought.

(4)The applicant will have to pay transfer fee as prescribed by Government from time to time.

2. Conditions for transfer of ownership of saw mill on account of owner's death. - (1) In each of the cases succession certificate or certificate from a competent authority in this respect or a court of law, should be produced by the applicant.

(2)The unit shall not be sub-divided.

(3)The number of saw machines should not be increased as a result of such transfer.

(4)The applicant will have to pay transfer fee as prescribed by Government from time to time.

3. Conditions for transfer of ownership of saw mill on account of sale. - (1) The authenticity of the connected sale documents should be verified.

(2)A notice at the cost of the applicant regarding change of ownership should be issued in at least two local newspapers and only after hearing the objections, if any, such change should be effected.

(3)The applicant will have to pay transfer fee as prescribed by Government from time to time.No. SWM. 10971CR-379/F-6, dated 15th March, 2003 (M.G.G., Part IV-A, Extraordinary, dated 17.3.2003, page 157). - Whereas under Government Notification, Revenue and Forest Department No. SWM. 1081/106836-F6, dated 16th July, 1981 (hereinafter referred to as "the said notification") issued under clause (b) of sub-rule (11) of rule 88 of the Bombay Forest Rules, 1942 (hereinafter referred to as "the said rules"), the Government of Maharashtra has issued directions for the guidance of licensing authorities, licensees and other persons concerned, in regard to the grant of new licenses for conversion of timber under the said rule 88;And whereas with reference to the order of the High Court dated 7th February, 2002 in para 16(iii) and (iv) in Writ petition No. 3652 of 2001, it is expedient to issue further directions for the guidance of the licensing authorities, licensees and other person concerned;Now, therefore, in pursuance of clause (b) of sub-rule (11) of rule 88 of the said rules, the Government of Maharashtra hereby issues directions for guidance of the licensing authorities, licensees and other persons concerned and for that purpose, amends the said notification as follows, namely:In the said notification, (1) in the existing direction No. (1), in the proviso to clause (3), the following Explanation shall be added, namely :"Explanation. - For the purpose of condition No. 3, while measuring the distance of 10 kilometers for the Saw Mill from the boundary of any forest, the shortest distance by the road shall be taken into consideration.";

(2)after the direction No. (1), the following new direction shall be inserted, namely :-"(1A) the direction No. 1 shall not apply for the renewal of the licenses in respect of the Saw Mills, which have been erected or operating prior to the 16th July, 1981 under valid licences.".[Substituted by G.N. dated 19.8.1981.][Sub-rule (12) was inserted by G.N. dated 3.9.1987.][Sub-rule (9) was substituted by G.N. dated 19.8.1981.]

Legal Document View

Unlock Advanced Research with PRISMAI

Bombay Presidency - Act