State of Bihar - Act
Management and Working of the Forests
BIHAR
India
India
Management and Working of the Forests
Rule MANAGEMENT-AND-WORKING-OF-THE-FORESTS of 1887
- Published on 27 April 1887
- Commenced on 27 April 1887
- [This is the version of this document from 27 April 1887.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Classification of forests in Bihar.
- The forests in Bihar are classified as follows: -| A. - Under the Indian Forest Act, 1927. | |
| 1. [ Reserved Forests] [1799 Sq. Miles] | ...Sq. miles. |
| 2. [ Protected Forests] [1220 Sq. Miles.] | ...Sq. miles. |
| (a) Demarcated Protected Forests | ...Sq. miles. |
| (b) Undemarcated Protected Forests | ...Sq. miles. |
| B. - Under the Bihar Private Forest Act. | |
| 1. Private Protected Forest | ...Sq. miles. |
| C. -[Unclassed Forests] [Sq. Miles Please Note all these figures are old data as provided in Government Publication Bihar & Orissa Forest Manual. Now a days, it is measured in Sq. Kilometers. Latest area may be different.], which do not fall under any of the above categories. |
2. Forest settlements.
- The following procedure is prescribed for settlement of forests areas:-Follows memorandum by the Inspector-General of Forests, published in Government of India Circular No. 5-F, dated the 27th April, 1887.1. Under Section 3 of the Indian Forest Act (XVI of 1927) it rests with State Government to decide what forests and waste lands, being the property of the State, or over which the State has proprietary rights, or to the whole or any part of the forest-produce of which the State is entitled, should be constituted a Reserved Forest. There may be forests and wastes so situated as to make it impolitic to proceed with their settlement; others, again, may be burdened to such an extent by adverse rights of users that the benefits accruing to the State would not compensate for the expensive settlement prescribed by the Forest Act.
But, as a rule, it may be laid down that it is the duty of Government to secure the best possible legal title (as prescribed by the Forest Act), to the property, or to such share as it owns, in all forests and waste lands, defined in Section 3 of the Act. Having this in view, District Officers should be instructed to initiate proposals for the settlement of all forest and waste lands against the reservation of which, in the opinion of the State Government, no forcible reasons exist.These proposals by the District Officers must, naturally, be of a general character only. They will simply specify the limits of the land in question in such a way as to fix its situation and to be readily intelligible to interested parties; they should not enter into any discussions likely to affect the future settlement, and render ineffective the provisions of Section 5 of the Act.2. Whenever a State Government is satisfied that no special reasons exist why land, fulfilling the description in Section 3 of the Act, should not be constituted a Reserve, the notification prescribed in Section 4 should issue, and a Forest Settlement Officer be appointed.
3. The procedure of a Forest Settlement Officer may be considered under three separate heads viz: -
4. Under (1) the Forest Settlement Officer is required to -
5. Under (2) the Forest Settlement Officer, acting as a Civil Court, is required to record the substance of all statements regarding claims to rights invited under Section 6. He is further required to make a similar record of any rights of which the existence is ascertained, whether from previous records or by local inquiry.
Claims can be divided into three classes-1. Claims to a right in, or over land.
2. Claims to forest produce, including pasture.
3. Claims to right of way or water course.
With respect to class (3) the Forest Settlement Officer has only to satisfy himself of the existence of the ways or water-courses in question and to record them as such. Any action in regard to them is Ruled by Section 25 of the Act.Referring to classes (1) and (2) the Forest Settlement Officer's first duty is to adjudicate on the evidence and facts before him, to decide whether the rights claimed are legally established or not, and to pass an order admitting or rejecting them accordingly in whole or in part. It is clearly the intention of the Act to settle these claims on their legal merits and not with reference to any special objects which were had in view when it was proposed to constitute the forest a Reserve. Claims must be admitted or rejected within the limits to which the right has been substantiated. State Government should, as a rule, appoint some person, under Section 19 (who may most suitably be the Local Forest Officer) to attend at the enquiry, plead, and act on behalf of the State before the Forest Settlement Officer. This person will have a proper legal standing, be able to cross examine witnesses who support claims, produce evidence to rebut claims, comment on any documents or evidence; and if he desires to prefer an appeal against any decision, the Forest Settlement Officer, should give him a certified copy of such decision. It is of vital importance that only such rights should be admitted as are legally proved to exist, and then only to the extent proved.There is nothing in the Forest Act that justifies the Forest Settlement Officer in providing for the prospective wants of non-existing settlers, or for a future and possibly more numerous generation; nothing that permits the concession, by a Forest Settlement Officer, of more extensive rights than those which he finds to exist at the time of settlement. The rights claimed must be actually existing rights, vested in an individual or person, or in a definite body of persons, such as for instance, a number of co-owners, or a village community. They may be rights in grass, unconnected with the ownership of immovable property (houses or land) or they may be rights attached to the ownership of such property. They may be rights enduring only for a certain period, or for the life of the person in whom they are vested, or they may be rights which will pass to the heirs of that person, or pass in perpetuity with the property to which they are attached. But they must be existing and vested in some person, or body of persons, who can claim them at the time of settlement.If the Forest Settlement Officer is permitted to provide for the indefinite prospective wants of an indefinite prospective number of right-holders, he may be providing for the gradual absorption and final extinction of the actually existing rights of the State.It is conceivable that a claimant might establish a right of such a nature that it would possibly, in course of time, entitle him to larger benefits from forest than he was entitled to at the time of settlement. For instance, he might show that he was entitled to pasture for all cattle employed by him in the cultivation of his land, and he might be in possession of extensive waste land, which he was gradually bringing under cultivation a process which of necessity would tend to increase the number of his cattle. Here the Forest Settlement Officer though dealing only with "actually existing rights", would also have to take into account "prospective wants".In such a case, which could probably only arise when the right in question had been specially conferred by the terms of a former grant, revenue settlement, or sanad, it would seem reasonable to admit the same within a maximum, which should be determined with reference to the rights actually enjoyed by the claimant at the time of making the record, and with due regard to the potential capabilities of the forest.A prescriptive right, to exist at all, must be proved to have been regularly exercised in the past; and in no case can a prescriptive right over any forest be held to have been acquired by the continuous purchase of its produce from the owner, the element of adverse enjoyment and of enjoyment as of right on which prescription rests being wholly wanting.In regard to rights of class (1), admitted in whole or in part, three courses are open to the Forest Settlement Officer, and these are clearly stated in Section 11 of the Act.With regard to rights of class (2) similarly dealt with under Section 12, the Forest Settlement Officer is to record, in the manner prescribed in Section 13 his decision in all cases, whether in favour of the claimant or otherwise; and it would probably be found convenient if the Settlement Officer briefly entered an epitome of the grounds for his decision, the evidence and finding being, as a matter of course, duly recorded at length in the Judicial proceedings. Providing for this and other details of procedure within the provisions of the Act, as explained in this Memorandum, the State Governments may also make Rules under Section 76(d) of the Act, similar to those issued by the Government of Madras under Section 63(b) of Act V of 1882.Section 14 of the Act provides for a complete record of the extent of such rights as have been admitted, and of the limits within which claims have been established. The preparation of this record brings to a close the duties of the Forest Settlement Officer when proceeding as a Civil Court.6. The Forest Settlement Officer should now proceed, with due regard for the maintenance of the forest, to arrange for the continued exercise of the rights to the extent admitted.
Under Section 15 he is at liberty to adopt one of three courses:-7. It is, without doubt desirable that a professional Forest Officer should be associated with the Forest Settlement Officer to assist and advice as to the action the latter may wish to take under Sections 15 and 16. The question whether a forest can be maintained or not under exercise of certain rights, and whether Section 15 or Section 16 is applicable to the case in point, is one demanding practical experience and professional knowledge and the advice of the Forest Officer, besides being useful as a means of pointing out what it is practicable to effect with due regard to the maintenance of the forest should also prove of material assistance in arranging for a settlement of all claims on a simple and stable basis.
The Forest Officer may be usefully consulted in the final selection of boundaries.8. This brings the work of the Forest Settlement Officer under the Act to a conclusion, and, subject to any orders passed on appeal, secures, once for all, the sound legal status of the Reserved Forest in question.
9. The management of the forest, with the legal obligations imposed at the time of settlement as a first charge upon it, should now be left to the provisions of a Working Plan, drawn up by a professional Forest Officer after full examination of the capabilities of the forest and the demands, local or other, which it can supply, and with careful regard to the orders and Rules of the State Government under Section 15, clause (C).
10. Appellate Courts can only decide on the same lines as those upon which the Forest Settlement Officer had originally passed judgement and the State Government, when revising such procedure under Section 18 should be guided by the same principles.
11. [(1) At this stage, it becomes the duty of the State Government to publish the final notification declaring the forest to the reserved. The limits of the reserved forests should be described in the final notification on the following lines-
(a)Where the boundaries are described in separate sheets of 16" = 1 mile cadastral survey maps prepared by the Survey and Settlement Department."The limits of the reserved forest are the lines marked in green on a copy of each of the 16"=1 mile cadastral maps of the villages specified below, which has been signed by the Deputy Commissioner/Collector of the....... district and deposited in his record room".(b)Where a special map of the reserved forest on the scale of 16" = 1 mile has been prepared under the orders of the Deputy Director of Surveys, Bihar-"The limits of the reserved forest are the lines marked on a copy of the special map on the scale of 16" = 1 mile prepared under the orders of the Deputy Director of Surveys, Bihar, which has been signed by the Deputy Commissioner/Collector of the district and deposited in the record room.The special map referred to in clause (b) above should show such details of village land reproduced from the cadastral survey map as are necessary for easy check of the forest boundaries.]12. Under Section 22, the State Government may, within five years, revise any arrangement, rescind or modify any order, under Sections 15, and 18 including any orders of revision passed by them under the latter Section, provided such arrangements or orders are replaced by some other of the proceedings possible under Sections 25 or 26. No new rights can be admitted under this Section.
13. Under Section 23 no right of any description can be acquired in or over a Reserved Forest, except by succession or under a grant or contract in writing made by or on behalf of the Government, or of some person in whom such right was vested when the notification under Section 20 was issued. (Approved in Government Order No. 12203-III-F-66-R. dated 2.11.1933).
3. Further instructions regarding Forest settlements.
- To ensure correct procedure in the matter of Forest Settlement, the following further instructions have been approved by the State Government:-4. Amended description of boundaries.
- Cases arise in which it may be desirable to publish, by means of a fresh notification, amended descriptions of the boundaries of forest reserves already notified under Section 20 of the Indian Forest Act (XVI of 1927) or under other forest enactments. It has been ascertained that there is no legal objection to this course, if the fresh notification merely provides for the substitution of a more exact and definite description of the boundaries for that which was originally notified, and which, though purporting to describe the boundaries as they existed at the time has subsequently become incorrect or proved to be open to misconstruction. The appended form of notification is considered suitable for such cases, and may be employed whenever necessary. This procedure must not be held to extend to any such alteration of the boundaries on the ground as would involve either the inclusion of new areas or the exclusion of any lands which have been declared by the previous notification to be Reserved Forest. Such changes require either a new settlement of the additions it is proposed to make, or, in the case of disafforestation, the previous [sanction of the Government of India] [The sanction of the Government of India is not necessary now (vide Section 3 of the Indian Forests Act, 1927), and the procedure indicated in Rule 65 (Government Publication Here R-6 below should be followed.].5. Modifications of boundaries.
- Copies of all Notifications issued by State Governments constituting or modifying the boundaries of Reserved and Protected Forests, together with indicative tracings or sketch maps, should be supplied direct as soon as they are issued to the Deputy Director of Surveys, Gulzarbagh, for the purpose of enabling that officer to make the requisite additions or alterations in the corresponding maps in his office.The boundaries of all forests whose limits have been decided shall be demarcated on the ground by marks which should be easily recognised. The marks used for the purpose shall ordinarily consist of-(a)Pillars-According to local conditions there may be-(i) Earthen with soded grass (ii) Stone cairns (iii) Loose stone with timber (iv) Concrete pillars. All pillars should bear a number as shown in the demarcated map..(b)Agave planting-Agave should be planted on both sides of the pillar along the boundary line indicating the direction.(c)Cleared lines-A belt of land as prescribed in working plan will be kept cleared of all vegetative growth along the boundary line.6. Disafforestation.
- In submitting proposals for disafforestation to the State Government the proposals should be in the following form and should be accompanied by a map and the recommendations of the Revenue and Forest Authorities:-6A. [ Instructions in connection with the Indian Forest (B. & O. Amendment) Act, 1935 regarding suspension of rights of pasture or to forest produce. [Inserted vide C.S. No. 15 dated 9.7.1938.]
- The following instruction are issued in connection with sub-section (3) of Section 26 and sub-section (2) of Section 33 of the Indian Forest Act, 1927, as Amended by the Bihar and Orissa Amendment Act of 1935.7. Registration of Property marks.
- [Notification No. 1592 dated the 20th March, 1906]-The following Rules are prescribed for the registration of property marks, in the Singhbhum district under Section 41 of India Forest Act (XVI of 1927).1. Any person who desires to register a property mark to be placed on timber which he intends to transport in or through the Kolhan or Porahat Estate, Singhbhum district, may apply in writing to the Forest Officer-in-charge of the Saranda, or Kolhan, or Porahat or Chaibasa Forest Division, submitting with his application -
2. Every registration of a property mark by the Forest Officer shall hold good for one or for three years from the 1st July preceding the date of registration, whichever the applicant may desire, and the fee payable by him shall be Rs. 2 for each registration for one year and Rs. 4 for each registration for three years. Double fees shall be charged for any additional property mark in excess of the first one registered in the name of an applicant.
3. The Forest Officer may refuse to register any mark -
4. An appeal shall lie from any order by the Forest Officer refusing to register a mark to the Conservator of Forests, Bihar and, if the applicant owns timber outside the boundaries of the Kolhan and Porahat Estates and desires to transport it through either or both of these estates, from any such order passed on appeal by the Conservator of Forests to the Commissioner of the Chota Nagpur Division.
Form of Certificate of Registration of a Property Mark in the Singhbhum DistrictCertificate of registration of a property mark for use in Singhbhum district.Person in whose favour the mark is registered.Date of registration.Date upto which registration will hold good.Registration fees received, (counterfoil)Copy of mark.Signature of the Forest Officer.8. Transit of timber etc.-B. & O. Government Notification No. 8454-R-III-F-201 dated 24.12.1918.
- The following Rules under Section 41 of the Indian Forest Act (XVI of 1927), for the transit of timber, firewood and sabai grass in and through the Singhbhum district, are laid down:-I. In these Rules "Timber" includes all pieces of wood which being sawn or squared exceed six feet in length and nine square inches sectional area or being in the log exceed six feet in length and four and a half feet in girth at the large end."The Forest Officer" means the Forest Officer-in-charge of the Saranda or Kolhan or Porahat of Chaibasa Division."Sabai grass" includes string or rope made from Sabai grass.II. No timber shall be imported into the tracts respectively called the Kolhan Estate and the Porahat Estate situated in Singhbum district from any place outside the said tracts, without a written permit previously obtained from the Forest Officer showing:-9. Marking and checking of timber-(Notification No. 4922-III-F-19-R dated 5.5.1923).
- The following Rules are prescribed under Section 41 of the Indian Forest Act (XVI of 1927) for the marking and checking of timber exported from the forests of the Saranda, Kolhan and Porahat Divisions.Definition. - In these Rules-1. Route for the export of timber. - The route for the export of timber from a coupe shall be that laid down from time to time by the Divisional Forest Officer under whose management and control such coupe is.
2. Export and check depot. - On every route for the export of timber from a coupe there shall be established a depot (hereinafter called the export depot) for the measurement of such timber at a place as near to the coupe as may, in the opinion of the Divisional Forest Officer, be convenient and another depot (hereinafter called "the check depot") for the checking of the measurements made at the export depot.
3. Marking of timbers. - The purchaser shall cause to be clearly marked on both ends of each piece of timber his registered property mark and the number of the coupe from which such timber has been extracted. No purchaser shall take, nor shall the officer-in-charge of the export depot (hereinafter called "the export Muharrir") allow to pass, through the export depot, any timber which is not marked in the manner herein prescribed. The said officer shall cause to be unloaded any timber which is not so marked or on which the marks are not visible from the outside. He shall detain all un-marked timber and shall make a report thereof to the Range Officer.
4. Payment of royalties. - The export Muharrir shall not allow any timber to pass through the depot unless and shall detain such timber until, it has been shown to his satisfaction that all royalties due in respect thereof have been paid.
5. Issue of permits. - The export Muharrir shall, before allowing any timber to pass the export depot, make out for each cart a permit in triplicate (in Form A). He shall retain the original and give the two copies of the permit to the carter. He shall record accurately the measurements of all timber and impress the same with his export hammer before allowing it to pass the export depot.
6. Checking of timber at the check depot. - On the arrival of a cart of timber at the check depot, the Officer-in-Charge of the depot (hereinafter called "the check Muharrir"). shall check the timber with the duplicate copies of the permits issued by the export Muharrir. If he detects any differences in the measurements he shall enter them on the back of both copies of the permits without altering the figures on the face of the permits.
He shall detain any timber found in excess of the number entered on the permits as well as any un-marked timber and timber not bearing the marks prescribed in Rules 3 and 5 and shall enter particulars thereof on the backs of both of the copies of the permits and shall make a report thereof to the Range Officer. The check Muharrir shall then impress his check hammer on each piece of timber, except any timber he may have detained, and allow the cart to proceed. He shall keep one copy of the permit and return the other without unnecessary delay to the carter.7. Loading of timber on carts. - The purchaser shall as far as possible load the timber on carts in such a way that it can be measured and checked without being unloaded. If it is not possible to measure the timber in the cart the carter shall on demand by the export or check Muharrir arrange to have the cart unloaded.
8. No timber shall be passed through the export depot or check depot after sunset and before sunrise.
Form AForest Department, Bihar| Range | Block | Book No. |
| Name of Purchaser | Permit No. | |
| Name of Carter | Compartment |
| No. of Pieces | Dimensions | Cubical Contents | Rate | Amount | Remarks |
| Amount at Credit | Rs. | P. | |||
| TotalCredit balance |
| CheckMuharrir | Purchaser or Agent |
| Date of checking | ExportMuharrir |
| Date.......... |
9A. [ [Added vide C.S. No. 85. dated 10.1.1940.]
1. No person having launched his timber on set it afloat on the Gandak river within the jurisdiction of Champaran district shall collect the same except: -
2. No person shall raft or otherwise convey any timber on the Gandak river within the jurisdiction of Champaran district without first obtaining a pass from the [Divisional] Forest Officer, Champaran Division in which the river is situated. Such pass shall show the number of logs or pieces, the species of timber, the length and girth of each log or piece, the marks indicative of the owner's property therein, the place of its destination and the probable time required to float or raft the same through the Gandak river within the district of Champaran. The pass may also specify that the timber may be stopped at a place to be noted on the pass as a checking centre.
3. No pass shall be issued for any unmarked timber or for such timber as bears a mark not registered as hereinafter provided.
4. Any Forest Officer or Police Officer may require any person rafting or conveying timbers as aforesaid, to produce the pass for the same at any time. No person shall be entitled to raft or convey timber by virtue of a pass which he does not himself hold but which is, or is stated to be, in the hands of some other person. In the event of the pass not being produced, the Forest Officer may detain the timber. A Police Officer finding timber in transit not covered by a pass may detain it, reporting the case at once to the [Divisional] Forest Officer, Champaran Division.
5. No person is permitted to deposit, any timber for which a pass has not yet been issued so close to the water's edge as to endanger its being carried away by a rise in the river before the pass is issued.
6. All persons wishing to float or otherwise convey timber by the Gandak river within the jurisdiction of Champaran shall register at the office of the [Divisional] Forest Officer, Champaran Division to which the control of the river pertains, the mark or marks which indicate their proprietary right in such timber. A registration fee of Five Rupees shall be payable for every separate mark so registered and the officer in whom the control of the river Gandak (within Champaran district) is vested may order the registration of as many marks as he considers necessary to the efficient control of transport operations. Ordinarily the registration of one mark only shall be required or permitted.
7. No person shall be allowed to register a mark already registered in favour of another person, nor any mark used by the Government or the Bettiah Estate Forest Department, and the Forest Officer may refuse the registration of any mark which in his judgement, so closely resembles a mark used by the Government as the Bettiah Estate Forest Department, or registered in favour of any person as to be easily produced by slightly altering such marks.
8. Every registration under Rule 6 shall hold good for three years following the 1st January next after the date of registration.
9. A certificate showing the mark registered, the date of registration, and the period for which it holds good, and acknowledgement of the payment of the fee, shall be given to every person registering his mark.
10. Within the limits of any area notified under Section 45, the moving, converting, cutting, burning, concealing or marking of timber, the altering or effacing any marks on the same, and the possession or carrying of marking hammers or other implements used for the marking of the timber except with the permission in writing of the Divisional Forest Officer is prohibited. Such permission if granted shall specify the place at which only it is to take effect, and may contain such other conditions regarding the previous inspection of the timber and otherwise as may be necessary.
11. Any person who disobeys a requisition under the Rule shall be liable to a fine which my extend to one hundred rupees and any person who infringes any other of these Rules shall be liable to a fine which may extend to five hundred rupees.
In exercise of the powers conferred by Section 51 of the Indian Forest Act, 1927 (Act XVI of 1927), the Governor of Bihar is pleased to make the following Rules to regulate the collection and disposal of drift and stranded wood and timber within the portion of the river Gandak and its tributaries including an area within a direct distance of three miles from the main stream within the district of Champaran.Rules to regulate the collection and disposal of drift and stranded wood or timber1. No person unless specially authorised in writing by the Forest Officer to whom the control of the river pertains may salvage or collect wood or timber of any description other than unmarked unfashioned pieces not exceeding six feet in length and two feet girth within the areas above notified.
2. The Forest Officer may grant permission in writing to the owner or owners of all timber bearing marks registered under Section 41 of the Forest Act, XVI of 1927, which owing to flood or other cause is a drift or stranded, to salve and collect such timber or may collect it himself or contract with a third party to salve and collect the same at certain places at rates to be agreed upon between that party and the Forest Officer. Such-timber collected by the Forest Officer or by a person authorised by him under this Rule shall be handed over to the owner or owners on payment by them of such dues as may be fixed from time to time by the Forest Officer.
3. Timber bearing marks which have not been registered under Section 41 of the Forest Act, or on which the marks have been obliterated, altered or defaced by fire or otherwise and fashioned timber bearing no marks may be salved and collected by the Forest Officer or by a person authorised in writing by him. No such timber shall be delivered to any claimant who under Section 47 of the Indian Forest Act has been recognised to be the owner until, under Section 50 of the said Act, he has paid to the Forest Officer a sum not exceeding 25 per cent of its value as adjudged by that officer together with such other expenses as may have been incurred in salving the said timber. Should the recognised owner fail to make these payments within 10 days of his receiving intimation from the Forest Officer of the amount due the property salved shall be dealt with (under Section 48 of the Act) as unclaimed timber.
All timber salved under these Rules which may become vested in the Government under Section 48 of the Act may be disposed of to the best advantage after two months from the expiry of the period fixed for the disposal of claims under Section 46 of the said Act.4. All unfashioned wood or timber bearing no mark may be sold at any time by the Forest Officer where it lies stranded when in his opinion it is not sufficiently valuable to be brought to a depot or the right to collect and dispose of such timber may be leased by him.
5. All wood or timber when sold by the Forest Department under these Rules shall be marked with the Departmental sale mark, and when relinquished under Rule 3 with a suitable distinguishing mark, and for the removal of any wood or timber from the area above notified a printed and numbered pass must be obtained from such officials as may be appointed by the Divisional Forest Officer, on which shall be entered the number of pieces and the kinds of wood and timber and the amount realised from the purchaser or claimant, over the signature of the official appointed to this duty.
6. Any person who shall infringe any of the provisions of these Rules shall be punished with fine which may extend to five hundred rupees.
Chapter-II [Bihar Reserved Forest (Fire Protection) Rules] [Vide Notification No. 5303-IIIF-108-R., dated 11.5.1936.]10. Fire Protection Rules.
- [In exercise of the powers conferred by clause (d) of Section 76 and clause (b) of sub-section (1) of Section 26 of the Indian Forest Act, 1927, and in supersession of all Rules previously made on the same subject the Government of Bihar are pleased to make the following Rules for the prevention of fires in the Reserved Forests in the district of Ranchi, Hazaribagh, Singhbhum, Palamau, the Santhal Parganas, Gaya and Manbhum.] [Vide Notification No. 614-IIIF-108-R.R., dated 26.6.1936.]These Rules may be called the Bihar Reserved Forest (Fire Protection) Rules.A. Rules under clause (d) of Section 76 of the Act.1. Any person authorised to collect inflammable forest produce including grass and bamboos within a reserved forest shall arrange such produce in stacks in an open space at such distance from the Reserved Forest that no danger to the forest is likely to result from ignition of the stacks.
2. No person shall camp within a reserved forest at any place other than a place cleared and set apart for the purpose of camping by the Forest Officer. The Forest Officer shall in each year publish a list of places which may be used as camping grounds during that year.
3. No person shall carry any burning wood, fire-brand, naked lighted torch, lighted biri, cigar or cigarette or any other burning matter along the boundary of a reserved forest.
B. Rules under clause (b) of sub-section (1) of Section 26 of the Act.4.
5. No person shall kindle a fire for the purpose of burning any wood, grass, weed or other cut materials on land adjoining a reserved forest unless such materials is first collected into heaps and such heaps are burnt separately in such a manner that the fire may not endanger such forest.
6. No person shall kindle a fire for cooking near a reserved forest in such a way as to endanger such forest and any person who kindles any such fire shall extinguish it before leaving the spot on which the fire was kindled.
7. Rules 4, 5 and 6 shall apply only during the period beginning with the 1st day of January and ending on the 1st day of July in each year.
11. Control of fire conservancy operations.
- The following instructions are laid down for the control of fire conservancy operations:-(Government Letter No. 1725-IIIF-283-R., dated 19/20.2/1931)1. Unless otherwise ordered by the Chief Conservator of Forests a scheme of fire conservancy accompanied by maps should be provided for each division.
2. These fire conservancy schemes shall be compiled by Divisional Forest Officers and submitted for the approval of the Conservator of Forests. No material alteration should be made in any such scheme without the sanction of the Conservator. Minor changes may, however, be made at the discretion of the Divisional Forest Officer.
3. Extensions where made, should be of areas as compact and as large as possible. The addition of small isolated areas such as the separate coupes of felling series is inadvisable.
4. Except as noted below, all men assisting in extinguishing fires in Government forest (including forest villagers) shall be paid according to the amount of assistance rendered, at rates fixed by the Divisional Forest Officer in consultation with the District Officer.
Exception. - (1) No Payment will be made to any person who exercises any right in a reserved or protected forest, or who is permitted to take any forest produce from, or to cut and remove timber or to pasture cattle in such forest, any person who is employed by any such person in such forest, any person in any village contiguous to such forest who is employed by the Government; or who receives emoluments from the Government for services to be performed to the community:[Provided that it shall be permissible in case of urgency for the Divisional Forest Officer to issue to each person assisting in the extinguishing of fire such "satu" or parched corn or other provision as may be deemed advisable in view of the fact that the operation of extinguishing a fire will keep such person away from his home and normal meals for any length of time and that if not issued, delay would occur in getting these persons out before they had their usual meals. A careful check should be maintained by the Divisional Forest Officer on all such expenditure and the facts should be reported in the fire reports by the officer submitting the reports.] [Revenue Department letter No. 399-R.R.-IIIF-167, dated 26.5.1936.]5. Fire-lines are of two kinds exterior and interior. The responsibility for their up-keep rests with Divisional Forest Officers.
6. Except in the case of certain malguzari, Zamindari and Feudatory States forests where special rules exist for the maintenance and clearance of a joint boundary, the construction of exterior fire-lines should, as far as possible, be within the limits of the Government forest and they should follow the boundary thereof. Occasions may sometimes arise when in order to secure efficiency, it is necessary to deviate from sinuous or difficult boundaries in favour of straight lines running through the Government forest.
7. Interior fire-lines are situated within Government forest and are intended to restrict within limits fires which have broken out in protected areas which cannot be controlled except by counter-firing. These fire lines should follow the course of roads open to the public and the beds of rivers and streams; for here, in addition to other advantages, natural efficient fire-lines already exist. The construction of interior fire-lines along ridges should be avoided as far as practicable, for there the effect of the wind is most powerful and the absence of water most marked.
8. Fire-line should be so selected and laid out on the ground that it will be not only practicable, but easy to traverse them with facility. Steep gradients and rough ground must be avoided as far as possible. Where practicable, fire-lines should follow natural clearings, such as open glades, the edge of cultivated plains or the beds of wide ravines and streams. Water should be available along or near the fire-lines, and the localities where wells exist or should be made, and all spots where water can be procured should be marked on the fire-maps.
9. When fire-lines have been properly settled, the details of the work to be done will be as follows: -
10. It is the duty of fire-watchers constantly to patrol the fire-lines on their beats, to keep them entirely free from inflammable material, to prevent the carrying or making of fire within or in the vicinity of the protected area, to give immediate notice of the occurrence of a fire to the beat Officer, to collect assistance and themselves to aid in extinguishing any fire that may occur.
11. The Range Officer shall be held personally responsible for the efficient clearing of the fire-lines.
12. Forest subordinates who see smoke rising anywhere in or near the forest, shall at once get together what aid they can and proceed themselves to the spot. They must not sit quiet and send some body else to enquire and report. The forest official who arrives at a spot where a fire is burning shall at once proceed to put it out. Should it be outside his own beat or range he will continue there till relieved by the local men, when he will return to his own beat or range, unless the fire is so strong as to demand all possible help.
This rule applies not only to reserves specially protected from fire, but also to reserves which are not so protected.13. The Divisional Forest Officer is personally responsible for carrying out efficiently the fire protection measures ordered in his division. He must satisfy himself that the exterior fire-lines have been properly cleared and thoroughly burnt before danger from external fires arises and at the same time all interior fire-lines are in good order. He must by continual inspection assure himself that the protective staff is efficient, and he must continue to attend to this work until the arrangements for the efficient protection of the forest from fire are completed. The Divisional Forest Officer must during his tours satisfy himself as far as possible that no unreported fires have occurred within the protected area, and that areas of the fires which have been reported have been accurately estimated. These checks can only be effected by personal inspection, which should always be as extensive and thorough as possible.
14. On the occurrence of fire the Range Officer shall report it without delay to the Divisional Forest Officer, using special despatch if the fire extends over a large area. It is the duty of the Range Officer to provide for rapid communication between himself and the staff in the fire-protected forest so that undue delay may not occur in receiving intimation of the outbreak of a fire and in the transmission of such intimation to the Divisional Forest Officer. The inspection of the area burnt and the submission of a full final report with a sketch map by the Range Officer shall not, without valid excuse be delayed for more than a fortnight after the occurrence of a fire.
15. When any [fire] [Vide Government of Bihar, Revenue Department, Letter No. 5323-R., dated 16.11.1937.] occurs in specially protected forest, the Divisional Forest Officer will, if he is himself present and otherwise on receipt of a report from the Range Officer, at once send a preliminary report of the occurrence to the Conservator of Forests in the usual form (Form No. 38) unless he has reason to suppose that he can submit a full report within 15 days.
16. The first report, in Form No. 38, on a forest fire need only give the locality, date of outbreak, measures taken to extinguish the fire, and ascertain the cause and the approximate date by which a full report can be expected to follow. No further report is necessary when preliminary report contains all the information available.
17. A full report, in Form No. 38 supplementing and revising the information given in the preliminary report should be submitted as soon as possible. The full report need not be delayed pending the result of prosecutions or lengthy investigations which should be dealt with when complete.
18. [ Except in the case of fires occurring in young crops under special protection, fires in the protected and non-protected areas affecting an area of less than 320 acres need not be reported to the Conservator of Forests unless the occurrence is of exceptional interest but it should, of course, be entered in the Divisional Register of fires.] [Substituted by Government of Bihar, Revenue Department, Letter No. 5323-R., dated 16.11.1937.]
19. [ At the end of the fire season the Divisional Forest Officer should send to the Conservator of Forests the fire map of the division brought upto date and a consolidated report about the fires including intimation about those on which he has already reported.
He should pay special attention to fires which have caused serious damage. The report should also summarise the following:-1. Number of fires considered of accidental origin.
2. Number of fires put down to incendiarism.
3. Number of cases in which offenders were caught and the number of the latter.
4. Number of cases in which no offenders were discovered.
5. Number of cases in which punishments were inflicted and number of offenders punished.
6. Dates on which rainfall occurred during the fire season and reference to intensity of rainfall.
7. Steps taken generally to combat the fires, i.e., counterfiring etc.,
8. Need for special steps to combat recurrences, and suggestions as to alteration to the present fire prescriptions in the division.
9. Assistance of courts-Is it adequate?
10. Is help easily available?]
20. Forest Sub-ordinates who have been concerned in firing unintentionally, extinguishing or obtaining labour to extinguish fires should be mentioned by name as well as official designation in the report.
21. Areas entered in fire reports should be expressed in acres, omitting fractions.
22. When offenders concerned in fire cases are detected they should ordinarily be prosecuted. But in very exceptional circumstances it may be desirable to compound such cases or let the offenders off with warnings, and in such circumstances cases may be so disposed of, provided that the District Officer approves and any compensation fixed is realised by the Divisional Forest Officer or by a Subordinate who is competent to compound cases. As a rule, when it is not desirable to prosecute, warning offenders is preferable to compounding, due precaution being, of course, taken to make the offenders understand that they are being leniently dealt with. The circumstances of all cases disposed of by warning or compounding should be reported to the Conservator.
23. Without convincing proof no forest fire shall be attributed to incendiarism and should that proof be forthcoming a searching enquiry shall be made in order to discover the source of friction that has induced the malpractice.
24. Conservator is empowered to grant rewards not exceeding Rs. 25 to fire patrols and other low paid subordinates whose pay does not exceed Rs. 18 per mensem for specially good work done during fire seasons.
25. A record of fires with fire maps on a scale of 4" to 1 mile for individual compartments and 1" to 1 mile for divisional map, will be kept up in each Divisional Forest Office. Where compartment histories are maintained, details of fires should be entered in them, and fire map (on a scale of 4" to 1 mile) should also form part of the compartment histories.
The following symbols will be used in fire maps:-| 1928 | ═════ | ||
| 1929 | |||
| 1930 | ///// | ||
| 1931 | \\\\\ | ||
| 1932 | x x x xx x x xx x x x |
12. Forest villages.
- The object of establishing Forest villages is to obtain a sufficient and continuous supply of labour for fire protection and other works of improvement.The following Rules for the formation and management of forest village are laid down for the guidance of Forest Officers.(Government order No. 2987-III-F-34-R., dated 27.3.1931)1. No new village should be started without the prior permission of the Conservator being obtained through the District Officers.
2. Forest villages are designed solely to afford a permanent supply of suitable local labour, and are not to be established merely for the purpose of extending cultivation and bringing in rents.
3. Only persons who are by race, caste, or occupation habituated to the extraction or handling of forest produce shall be admitted to reside in a forest village, with the immediate families and dependant of such person. The number of houses to be allowed in each village and the extent of cultivation shall be fixed by the Conservator. No outsider shall be allowed to settle in the village without the written permission of the Divisional Forest Officer.
When a village is first established, allowance should be made for moderate increase of population in the families of first settlers, and the full number of houses and the whole area available for cultivation should not be allotted at once.4. A register shall be kept by the Divisional Forest Officer for entry of the following, for which separate pages should be allotted: -
5. All adults admitted as residents to a forest village shall execute an agreement in Form No. 43, and before executing such agreement the following conditions shall be explained to them and they shall be bound by such conditions and shall be liable to summary eviction without compensation by order of the Divisional Forest Officer for breach thereof: -
6. Subject to the limitation in the number of house-holds indicated in Rule 3 each house-holder in the village shall be entitled to the following privileges: -
7. A headman shall be selected by each village, subject to the approval of the Divisional Forest Officer. He will assist the forest official in the organization and employment of forest labour. He will also enforce such sanitary regulations as the Divisional Forest Officer may prescribe. He shall report the occurrence of cognizable crime immediately at the nearest police station and such other occurrences as the Divisional Forest Officer shall direct to the Forest Range Officer. He shall be assigned a larger amount of land than his fellow tenants, which he shall hold on the same terms as the other villagers.
8. The arrangements for the supply of country liquor and drugs to forest villages will be under the control and orders of the District Officer.
9. The following points should be observed in the execution and record of Agreement Form No. 43.
1. Name of cultivator and serial number.
2. Name of village
3. Area of land assigned for cultivation.
10. As soon as a forest village has been established a sketch map showing the blocks in which forest villages are situated should be supplied to the Conservator with the area of each; and all changes in them should also be duly reported to his office for keeping his register corrected upto date. The information under the following heads should be given:-
Name of Forest1. Name of village.
2. Date when established as forest village and Conservator's sanction number.
3. Area in acres.
4. Number of houses and working men.
5. Area under cultivation.
11. Progress in establishing such villages and results if any, should be commented upon by each Divisional Forest Officer, in Chapter VIII of his Annual Report.
12. Takavi Advance: - The following procedure is laid down for the grant of takavi advances to forest villagers in need of financial assistance:-
1. Divisional Forest Officers will ascertain the probable requirements of each of the villages in their divisions and report to the District Officer by the first week of September the amount required (or that no provision is required) for distribution in his division.
2. The District Officer will in due course inform the Divisional Forest Officer of the amount placed at his disposal in the district account against which he may draw advances.
3. These advances should be drawn from the Treasury on abstract bills and after distribution the Divisional Forest Officer will furnish the District Officer with a detailed bill and remit the unpaid balance if any.
No entries will be made in the Divisional Forest accounts.4. The Divisional Forest Officer will make periodical recoveries based on his copy of the detailed bill or from an extract from the District Officers Takavi Register which will be furnished to him and shall remit the amounts recovered with proper challans to the District Officer, for credit into the Treasury.
Note. - No land in the Reserved Forest outside the limits of forest villages shall be cultivated without the express permission of the Conservator of Forests.13. Taungya Cultivation.
- There are three different forms of leases for Taungya Cultivation and the circumstances under which they are to be used are briefly indicated below:-14. Working plans.
- The procedure with regard to the preparation and revision of working plans is dealt with in the Code of Working Plan Procedure in Bihar and Orissa. The procedure with regard to the exchange of working plans between provinces and the instructions for writing up control forms and compartment history forms are also embodied in the Code.The following is a precise of the instructions issued by the Government of India, Bengal, Bihar and Orissa from time to time for the preparation of working plans:-1. It frequently happens that the silvicultural treatment which is theoretically the best cannot be wholly applied owing to want of demand and the like, and recourse must be had to a method which is not the best but which must be adopted to satisfy the conditions. In such a case, besides dealing in the working-plan report with the method it is proposed to apply immediately, the best method from a silvicultural point of view, i.e., best suited to the physical conditions of the forest, should also be clearly indicated and briefly discussed in the plan. Any unavoidable departure from that method should then, as far as possible, be explained and justified in detail. In treating of the best silvicultural method of three following subjects may be taken consecutively: -
2. When the demand is not equal to the possibility of the annual coupe, light or short fellings are frequently prescribed. This principle is open to objection, as it results in some or all of the coupes containing at the end of the rotation a stock of material which should have been removed in the interests of the forest.
Even though the whole possibility of a coupe cannot be utilized, the fellings should follow each other regularly, that is to say, the cuttings of each successive year should continue those of the year preceding for, if this be done, then any balance that may remain at the end of the rotation will be comprised in one complete block instead of existing in patches scattered all over the forest. If during the course of the rotation the demand should be found to increase the existing balance can be felled and the provisions of the plan fully complied with; while if, on the other hand, the demand does not rise sufficiently to allow the possibility to be removed, then the necessary reduction in the size of the annual coupes will be easy to carry out at a revision of the plan.3. Works dealing with silvicultural improvement, and lines of communication and export should be completed after the lapse of a definite period of years. They should be allotted in the plan to particular years, the allotment to be binding on the local officers unless the Conservator sanctions a deviation for reasons recorded in Forest Department Code Form No. 4. For buildings, demarcation, and minor works a general plan for a term of years may be prescribed, deviations from which would require the sanction of the local Government, but the manner in which the details are carried out may be controlled solely by the Conservator, who will record and give reasons in Form No.4, Forest Department Code, for any deviations from the method of procedure originally suggested which he may sanction from year to year.
4. When submitting preliminary reports for the preparation of working plans as prescribed in Article 48. Forest Department Code, 7th Edition, a small sketch map should be attached, showing roughly the proposed working circles and any other useful information which can be conveniently included.
5. The question of forming separate fodder reserves or grazing working circles should be kept in view when the working plans are prepared or revised.
6. Before a working plan is submitted to the Conservator for transmission to the Local Government, the Forest Officer who prepares it must invariably show it in draft to the Collector or Deputy Commissioner of the district concerned with a view to allow him an opportunity of recording his opinion on it and offering his advice.
7. The existing working plans should remain unaffected by the change of the forest year to the financial year. Whether the forest year (1st July to 30th June) or the financial year or some other year should be adopted for purposes of working plans and control returns will be settled in respect of a particular forest or forests by the Working Plans Officer in consultation with the Divisional Forest Officer at the time of compilation or revision of the working plan. The author of the working plan will make it quite clear what year he is using for the working plan.
15. Leases of forest produce.
- The following Rules are prescribed for the grant of leases for the removal of timber or other forest produce.(Government order No. 3630-IIIF-38-R., dated the 8th April 1931)1. No lease or contract shall be given out for any considerable period without adequate consideration of the circumstances and prospects of the industry or work concerned and without securing the interests and objects of Government by suitable terms and conditions.
2. Article 64(i) of the Forest Department Code, 7th Edition, requires that in exceptional cases where cash payment is not received in full at the time of delivery, the transaction must be reported to the local Government if the value exceeds Rs. 5,000/- and that the previous sanction of the local Government must be obtained if the value exceeds Rs. 10,000/-. Where cash payment is received in full at the time of delivery the Conservator may give out leases for the removal of timber or other forest-produce up to Rs. 50,000/- in value and the Divisional Forest Officers, subject to the control of the Conservator, up to Rs. 2,000/- but the Conservator is empowered to delegate to selected Divisional Forest Officers by name the power to give out leases up to Rs. 5,000/-. The Conservator should inform Government whenever such powers have been delegated.
Note. - Payment in instalments may be considered as payment in full at the time of delivery, provided that there is a clause in the agreement to the effect that when the Divisional Forest Officer considers that the value of any forest-produce removed by the purchaser equals or exceeds the amount of purchase money paid by him up to that time, the Divisional Forest Officer may stop further removal until the purchaser has paid such further sum as, in the opinion of the Forest Officer, may be sufficient to cover the excess value of the forest produce removed or about to be removed.3. Divisional Forest Officers shall not grant any lease for any period exceeding one year. Conservator is empowered to grant leases for periods up to three years. Without the previous sanction of higher authority, leases granted by these officers respectively up to the maximum period within their power shall not be extended beyond such period except in the case of leases for coupes sold to purchasers, in which case the Divisional Forest Officer may, at his discretion, give fresh lease for the second year for the same area at a charge which may be nominal or otherwise according to the lessee's work.
16. [ Execution of Contracts. [Rule 75 (Government Publication, here Rule 16) Substituted vide C.S. No. 17, dated 9.7.1938.]
[Judicial Department Notification No. 815-J.-24-36-II, dated the 1st April 1937] [Inserted as a new Rule 19 vide Government of Bihar, Revenue Department Letter No. 5323-R., dated 16.11.1937.]. - In exercise of the powers conferred by subsection (3) of Section 175 of the Government of India Act, the Governor of Bihar is pleased, in, supersession of all existing orders, to direct that the undermentioned classes of deeds, contracts and other instruments may be executed on his behalf as follows:-B. - In the case of the Forest Department.| 1. | Contracts, security bonds and other instruments,other than those specified in heads 3 and 4, in connection withthe administration and working of forests and with the businessof the Forest Department generally where the value of theproperty or the amount of expenditure involved exceeds Rs. 2,000but does not exceed Rs. 10,000. | By the Conservator of Forests. | |
| 2. | Contracts, security bonds and other instruments,other than those specified in head 3 and 4, in connection withthe administration and working of forests and with the businessof the Forest Department generally when the value of the propertyor the amount of expenditure involved does not exceed Rs. 2,000. | By Deputy Conservators, Assistant Conservators or ExtraAssistant Conservators of Forests while in charge of a forestdivision. | |
| 3. | Conveyance deeds for the purchase of land, which DivisionalForest Officers are authorised to buy for forest purposes whenthe value does not exceed Rs. 2,000. | By the Conservator of Forests. | |
| 4. | Leases for cultivation inside reserved forests where theannual rent does not exceed Rs. 500. | By Deputy Conservators, Assistant Conservators, or ExtraAssistant Conservators of Forests while in charge of a forestdivision. | |
| 5. | Leases for cultivation inside reserved forests where theannual rent exceeds Rs. 500. | By the Conservator of Forests. | |
| As regards contracts, etc., not hereinbeforespecified. | |||
| * * * * * * | |||
| 5.(a) | Contracts for the supply of articles required for the use ofany Department or for the sale of article produced ormanufactured by the Department, and other instruments connectedwith the administration of the Department. | By the Head of the Department and the Superintendent,Government Printing, except contracts for the sale of jailproduce which may be executed either by the Inspector-General ofPrisons or Superintendent of the Jail concerned. | |
| * * * * * | |||
| 9. | Contracts and other instruments relating to house buildingadvances. | By the authorities granting the advances. | |
| * * * * * |
16A. [ Executive Instructions in the matter of execution of deeds, contracts and other instruments. [Inserted Rule 75-A (as per Government Publication, here Rule 16A) vide C.S. No. 19, dated 9.7.1938.]
- With reference to part "B" of the Judicial Department Notification No. 815-J.-24-36-II, dated the 1st April 1937 (Rule 75 (as per Government Publication; here Rule-16) above) Government are pleased to issue the following Executive instructions for the guidance of Forest Officers in the matter of execution of deeds, contracts and other instruments on behalf of the Governor of Bihar:-17. Grant of Rewards Section 76(b) of Indian Forest Act, 1927 [Revenue Department No. 3753-IIIF-158-R., dated the 24th August, 1937] [Notification No. changed vide C. S No. 20, dated the 9.7.1938.].
17A. [ Revenue Department letter No. 9638-R., dated the 21st November, 1936.] [Rule 76-A (as per Government Publication, here 17A) Inserted vide C.S. No. 86, dated 10.1.1940.].
- In determining what compensation should be accepted under Section 68(1) (a) of the Indian Forest Act XVI of 1927 when a wild animal or bird has been killed in contravention of the "Bihar and Orissa Government Reserved Forests Shooting Rules, 1930", an officer empowered under that Section should assume the value of the animal or bird killed to be as follows:-| Rs. | a. | P. | |||
| Elephant | … | … | 100 | 0 | 0 |
| Buffalo | … | … | 75 | 0 | 0 |
| Bison | … | … | 50 | 0 | 0 |
| Sambhar | … | … | 25 | 0 | 0 |
| Nilgai | … | … | 20 | 0 | 0 |
| Spotted deer | … | … | 15 | 0 | 0 |
| Barking deer | … | … | 7 | 8 | 0 |
| Mouse deer | … | … | 5 | 0 | 0 |
| Tiger | … | … | 50 | 0 | 0 |
| Leopard | … | … | 20 | 0 | 0 |
| Bear | … | … | 5 | 0 | 0 |
| Pig | … | … | 10 | 0 | 0 |
| Hare and pea fowl | … | … | 2 | 0 | 0 |
| Jungle fowl, spur fowl, partridge, pigeon, quail, duck, teal,florican. | 1 each | 0 | 0 |
18. Classification of charges for rewards. Government of B. & O., F. D., letter No. 2623-F.R., dated 16th July 1932.
- The charges on account of rewards should be classified as follows:-They should be debited to the head "8-Forests-Miscellaneous-Other charges", or to the head "26-Police-District Executive Force-Allowances- voted", according as the prosecution is initiated by an officer of the Forest Department or a police officer. When prosecutions are initiated by civil officers who have been vested with the powers of a Forest Officer, e.g., District Officers, Hazaribagh, Palamau and Angul, the Subdivisional Officers, Rajmahal, Godda and Khurda, the charges for rewards should be debited to the head "22-General Administration-General Establishment-Other allowances or Subdivisional Establishment-Other allowances" according as the prosecution was initiated by a District Officer or a Subdivisional Officer. Copies of orders sanctioning the rewards should be attached to the bills in which they are drawn.As regards the classification of receipts, the fines imposed and realized by a Magistrate or a Court for an offence under the Act should be credited to the head "XVII-Administration of Justice-General Fees, Fines and Forfeitures" in respect of forests whether under the direct charge of the Forest Department or under the charge of the Civil Department. Compensations realized on the compounding of forest offences and sale-proceeds of properties confiscated, should be credited to the head "VIII-Forests" in the case of forests directly managed by the Forest Department and to the head "V-Land Revenue-Miscellaneous-Fines and forfeitures of Revenue Courts" in the case of forests under the charge of the Civil Department.19. Seeding of bamboos, etc. Government of India No. 261-F-74-1, dated the 1st March 1899. I.-G. of Forests Circular No. 29, dated 31st October 1893.
- Whenever a seeding year (which should be watched for) of any species save the commonest [Dendrocalamus strictus and Hamiltonii and Bambusa arundinacea] occurs, at least 10 lbs. of the seed should be collected, and intimation of this having been done sent to the Inspector-General of Forests, who will advise the Conservator concerned how to dispose of the seed, and if necessary, give instructions for the collection of a further quantity.The occurrence of a good seed year of any of the more important kinds of trees or bamboos in every Forest Division should be reported to the Editor of the Indian Forester.20. Collection of edible forest produce. Conservator's circular No. 71-T.P., dated 7th August 1891, and Bengal Government letter No. 15 T.-R., dated the 23rd July 1891.
- Unless absolutely necessary in the interests of fire-conservancy and the general protection and improvement of the forests, the collection, consumption, and removal by the public of any forest-produce, other than animals and the part and produce of animals which may be utilizable as human food, or in medicine, or which may be required for some purely ornamental purpose, such as ferns, flowers, grasses, etc., should not be interfered with, provided-20A. [ Free grant of certain privileges to villagers adjoining the reserved and protected forests in Bihar, [Rule 79-A (as per Government Publication, here 20A) Inserted vide C.S. No. 181, dated 19.6.1942.]
(Government of Bihar Revenue Department Letter No. 8994-IIIF-23/39-R., dated the 11th December, 1939). - "(1) Any bona fide recorded tenant of any land or building who resides in a village which is actually contiguous to a reserved or a protected forest may, within the limits of such forest and without payment-(a)collect mahua fruits and flowers, and other edible flowers and fruits and roots for his own domestic use but not for any kind of transfer whatsoever, whether permanent or temporary, or absolute, or conditional. This privilege will be allowed subject to the control of the Forest Department and under the restriction that the undergrowth or dry leaves should not be burnt for purposes of clearing the ground to facilitate collection;(b)pasture and use springs for watering his own cattle or buffaloes which are his own bona fide property and are used for his own domestic and agricultural purposes:Provided that he will not be entitled to this concession for any cattle exceeding four heads for every acre of land he cultivates:Provided further that grazing will be permitted only in such areas as may be set apart for the purpose from time to time by the Forest Department.21. Grant of forest produce to villagers free or at concession rates from Reserved Forest (Government Letter No. 1097-III-F-229-R.R., dated 2nd September, 1931).
- (i) It is not the policy of Government to grant to villagers, forest produce from reserved forests at concession rates. Each application for such concession should be considered on its merits and should not ordinarily be granted unless the rights to such a concession have been exercised and admitted or recorded in the past, nor should it be usually granted where the villagers have wasted their supply in the village or protected forests by indiscriminate cutting:Provided the principles are followed, the Chief Conservator of Forests may make grants of timber or other forest produce free or at concessional rates up to the value of Rs. 1000/-, and the Divisional Forest Officers up to the value of Rs. 250/- in any one case subject to the conditions laid down in Article 58 of the Forest Department Code 7th Edition:-Note 1. - The existing Rules do not permit of a free grant of Forest produce to persons for rebuilding their houses which have been burnt down by fire [Vide Government Letter No. 10093-111F-194-R., dated 3.9.1934].[Note 2. - (1) Free-grant of timber not exceeding Rs. 300/- a year may be granted for annual repairs to village schools in the Khashmahal villages in the forest divisions in Singhbhum district. (Revenue Department letter no. 7587 R-IIF-102, dated the 8th November, 1938).] [Vide C.S. No. 144 dated 30.11.1940.][Note 3. - The Deputy Commissioner of the Santhal Parganas is empowered to make free grants of timber [xxx] [Inserted vide C.S. No. 167 dated 15.8.1941.] to the resident raiyats of Khasmahal villages outside the Damin area except those who pay rents for their homestead lands only, provided there is timber available in the protected forests, if there be any, in their own villages. (Vide Revenue Department Letter No. 55-III-F-14-41-R.R., dated the 24th April, 1941).]22. Free grants of forest produce (Government of India No. 2024-214-2-F., dated 11th September 1905. Bengal Government no. 4244-T.R., dated the 17th October 1905).
- The following Rules [regarding] [For further information regarding this matter see relevant matter below Rule 122 (as per Government Publication, here Rule 63) in indent (Pg. 361).] free grant of forest produce for works of Public Departments in the Santhal Parganas are prescribed:-Timber and other produce required for Public Works, such as roads, bridges and buildings, which will be of assistance in the development of forest revenue in the Santhal Parganas district, shall be supplied by the Forest Department free of charge on the following conditions:-22A. [ Rules to regulate the pasturing of cattle in Government Reserved Forest. [Rule 81-A (as per Government Publication, here Rule 22-A) Inserted vide C.S. No. 145 dated 30.11.1940.]
- In exercise of the powers conferred by clause (d) of Section 76 and clause (a) of sub-section (2) of Section 26 of the Indian Forest Act, 1927 (XVI) of 1927), the Governor of Bihar is pleased to make the following Rules to regulate the pasturing of cattle in Government Reserved Forests. -]1. These Rules may be called the "Bihar Government Reserved Forests Grazing Rules, 1939".
2. In these Rules, unless there is anything repugnant in the subjects or context: -
3. (a) Save as provided in Rule 9, no person other than a licensee shall pasture cattle in any Government Reserved Forest.
4. The Divisional Forest Officer or any other Forest Officer authorised by the Divisional Forest Officer in this behalf may, on application by any person, and on payment by such person of the fee fixed under Rule 5, grant to such person a licence authorising him to pasture cattle in a Government Reserved Forest.
5. The fee payable for a Grazing Licence shall be such fee, not exceeding two rupees per head of cattle as the Divisional Forest Officer may, with the approval of the Conservator of Forests, from time to time determine and shall be either paid in cash to the officer to whom the application is made or deposited in the nearest treasury. It the fee is deposited in a treasury, the duplicate of the challan showing the deposit shall be delivered to the Officer to whom the application is made.
6. A Grazing Licence shall be in the Form appended to these Rules and shall -
7. A Grazing Licence shall not be transferable.
8. A licensee or his agent or servant, as the case may be, shall, while he is pasturing cattle in a Government reserved forest, carry his Grazing Licence and shall, on demand by any Forest Officer, produce the same for his inspection.
9. Notwithstanding anything contained in Rule 3, a person whose right to pasture cattle free of charge in the Government Reserved Forest of any village has been recorded in the record of the Forest Settlement of the village prepared by the Forest Settlement Officer under Chapter II of the Indian Forest Act, 1927 shall be entitled to pasture cattle in such forest without a Grazing Licence.
10. The Divisional Forest Officer may cancel a Grazing Licence if the licensee or any servant of the licensee commits a breach of any of the conditions of such Gazing Licence or of any of these Rules.
Form of Grazing Licence[See Rule 6(a)]| Book No. | |
| Forest Department....... Bihar | Grazing Licence No. |
| .......... Division | Zamindaridealer......... |
| Locality |
| Name and address of the licensee | No. and particular of animals | Rate | Total amount paid |
| 1 | 2 | 3 | 4 |
23. Grazing in river-beds adjoining State forests. Bengal Government letter No. 670-T.R., dated the 31st August 1904.
- Cattle of all descriptions may be grazed in the bed of any river which though included in a Government reserved forest at the same time forms a boundary between the reserved forest and either a protected forest or a Government or jagirdari estate:Provided that the Deputy Commissioner may order any or all cattle-owners who graze their cattle in such river-beds to discontinue grazing cattle in the same if he considers that such owners or their servants have on any occasion failed to take sufficient precautions to prevent or extinguish forest fires, or to prevent trespass of their cattle in other parts of reserved forests- or if he is of opinion that the grazing of their cattle is likely to lead to forest fires or to cattle trespass in other parts of reserved forests.24. Control of trees etc. on the portions of the Ranchi Chaibasa Road falling within Reserved Forests (Vide Government of B. & O.P.W.D. No. 4243-C-IR-5 dated 23.3.1916).
- The Forest Department should have control of the trees and other forest produce situated on the portions of the Ranchi-Chaibasa road falling within the Reserved Forest.Chapter-IV Control of Timber and Other StockProcedure and Accounts25. Fellings.
- (i) The produce of all fellings must appear either in Form No. 1 or No. 4 or No. 6, or in the form which may be prescribed under Rule 96 (as per Government Publication, here Rule 37).26. Depots.
- Under the system of Government working, two classes of depots will be established:-27. Depot Register.
- All timber and forest produce on reaching a forest depot and on its despatch or disposal will be shown in Form No. 1.The Chief Conservator of Forest will issue instructions whether ail columns in these forms shall be filled up or whether any may be left blank.28. Register of receipts and disposals in depots.
- In each sale depot will be kept a Register of Receipts and Disposals (Form No.1) in which will be entered all stock as it arrives or is sold or otherwise disposed of. Separate Registers will be kept for-29. Timber received in sale depots to be measured and marked.
- (i) All logs and scantlings on reaching a sale depot will be measured and marked in such manner as may be ordered by the Conservator. The number or measurement, or both as the case may be of the logs and scantlings must be entered daily in the Register of Receipts as they are taken charge of.30. Monthly Depot Returns (Form Nos. 2 & 3).
- (i) The following returns will be submitted monthly from each forest and sale depot to the Divisional Officer:-Form No. 2. - Receipts and issues of timber and other produce.Form No. 3. - Sales of timber and other produce, including drift and waif wood.31. Sales of timber etc collected by Government agency.
- (i) Form No. 3, will show the sales, the proceeds of which are credited under Revenue head-I, and of so much under head-III as is obtained by the sale of drift and waif wood and confiscated forest produce collected by Government agency.Form No. 3 (ii)The entries in this Form will consequently comprise all disposals by sale of timber and other produce shown in Form No.2, the totals for forest depots and sale depots being shown separately.32. Permit Form No. 9.
- (i) For all timber or other forest produce sold otherwise than from depot, a permit in Form No.9 or [Form No. 37] [Vide C.S. No. 146, dated 30.11.1940.] must be given before any of the aforesaid purchase can be removed by the purchaser. In the case of trees felled and logged by the purchaser in the forest, such permit will not be issued without the production of the Coupe Officers' certificate in Form No. 10. This permit or licence will be issued under such Rules and in such Forms as the State Government may from time to time prescribe. Permit or licence Forms shall be kept in [duplicate, or] [Vide C.S. No. 146, dated 30.11.1940.] triplicate in bound books and bear printed serial numbers and the words 'original', 'duplicate' and 'triplicate'. Each permit or licence issued shall be filled in by the officer issuing it in the original as well as in the counterfoils, and be provided with a serial annual number. All amounts of produce as well as of money, shall be written in words as well as in figures.33. Taking stock in sale depots.
- The stock at each sale depot must be counted periodically at such intervals as the Conservator may direct, the depot books being balanced at the time of counting.34. Bill and Receipt Books (Form Nos. 7 & 8).
- (i) A bill book must be used for lists of timber and other produce sold from depots. On each transaction taking place, the bill may be given to the purchaser, while a copy is rewarded to the Divisional Officer and the counterfoil will form the depot copy.35. Return showing Sales from forests of Produce cut by purchasers (Form No. 4).
- (i) All timber or other produce cut, collected and removed from the forest by consumers and purchasers will be entered in a monthly statement prepared in Form No. 4. The Range Officer will submit this return monthly to the Divisional Forest Officer who will file if in his office after check in guard books or have it bound.36. Revenue demand and outstandings (Forms Nos. 5, 25 and 28).
- (i) Revenue payable for timber and other produce sold under an agreement which is paid in one or more instalments on fixed dates will be entered in red at once on execution of lease in the proper columns in Form No. 5. Each sale will be given a serial number. All payments will be entered in black, in column "PAID", and all overdues in red. If any amount is paid by a contractor in excess of the demand or in advance against a Particular 'sale entered in this Form the amount will be entered in black in column "PAID" in the month in which it is collected and will be carried forward to the column "overdue" in the following months either as a minus black entry or as a red ink entry according as the payment is in excess or deficit of the amount due in the previous month. The revenue demands for which there is no agreement, such as the grazing and house licence fees realized by the Khas Mahal Authority in the Puri Forest Division, will be entered in this Form and will be treated as due on the last day of the financial year. Two copies of this form will be prepared, one copy being kept in the Divisional Office and the other sent to the Conservator of Forest monthly, which will be returned after his perusal.When revenue on account of sale of timber or other forest produce on royalty basis is paid in advance, the amounts will be at once credited to the appropriate sub-heads in the cash book, entries being made in red ink in Form No. 3 or 4, as the case may be, showing the nature of transaction, etc. Such revenue should in no case be left unadjusted for longer than three months. A ledger account should be maintained in Form No. 12, Forest Account Code, a separate account being opened for each contractor for each separate contract.Petty revenue demands, such as water rent, house rent, etc. should be entered in a register in Form No. 28, and maintained in Divisional Office. Any revenue not fully realised, in Form No 4, should be noted in the remarks column of that Form. The Form No. 4, should be kept pending until the amount is realised and other objections settled. As a matter of principle, no produce should be allowed to be extracted from the forests until the value is fully realised. Recoveries from subordinates for losses of or damage to Government property through negligence are not fines and should be entered either in Form No. 4, or in Form No. 28 to watch recovery.An abstract of realisations and outstandings in Form No. 25, will be submitted monthly to the Conservator of Forests by the Divisional Forest Officers with a note of all changes (by reference to serial numbers in Form 5) and additions.37. Produce removed by right-holders.
- Whenever practicable, produce removed by right-holders, or under privileges granted by Government shall be shown in registers similar to Form No. 6, but with necessary alterations in the headings.In the case of produce granted either free of charge or at concession rates to non-right holders for building their houses destroyed by fire or flood or to a public school or charitable institution, a book adjustment of the estimated value of the free grants or the concession made to them should be made in the accounts both in the revenue and the expenditure sides, thus necessitating a provision for both the receipts and the expenditure being made in the Forest Department Budget. Details of such grants shall be maintained in Form No.6.Register of free grants of forest...................Dn....................During ........... 20................... produce in the..................| Authority under which granted | Range | Village | No. of right for holders | Purpose for which granted | Description | Produce No. or quantity. | Granted Value | Remarks |
| Rs. | P. | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
38. Return of Stores, tools and Plant. (Form No. 11).
- (i) A return (Form No. 11) of stores, tools & plants will be submitted to the Conservator of Forests by Divisional Forest Officers once a year on the 1st September.39. Returns of livestock.
- (i) In those divisions where Government elephants or other cattle are kept, returns of livestock together with a statement of the cost of upkeep and of the work on which they have been employed will be submitted to the Conservator of Forests in such forms and at such time as may be prescribed by the State Government.40. Seizure and disposal of forest produce, and other property (Form No. 12).
- A return (Form No. 12) of forest produce and other property seized and disposed of during the month in accordance with the forest law or rules in force will be submitted monthly by Range Officers to the Divisional Officer.This return, will be returned to the Range Officer after check and noting the fresh entries in the Divisional Copy of the return.Chapter-V General41. Members of the office establishments not to be entrusted with Government money, nor to receive applications or payments for forest produce.
- (i) Members of the office establishments should not to be entrusted with Government money, except as advances by cheque on account of the pay of office establishments and for contingent charges which should as a rule, be made payable only to the head or camp clerk, nor should they be authorised to receive payment for forest produce, but in the absence of the Divisional Forest Officer from headquarters the head clerk of a Forest Divisional Office may countersign for or on behalf of the Divisional Forest Officer challans for forest revenue to be deposited into the Treasury by the purchaser of forest produce or by his agent, provided that the head clerk shall be held responsible for reporting to the Divisional Forest Officer immediately on his return to the headquarters the challans that he has so countersigned. All subordinates who have the custody of Government moneys or who deal with the collection of forest revenue should be made to furnish security in accordance with the rules in force.42. Placing of private money in Government Cash Chest prohibited.
- Under no circumstances shall any Forest Officer or subordinate place any private money in his government cash chest.43. Defalcation or loss of public money by fraud.
- Whenever any defalcation, or loss of public money or fraud in connection with the revenue from timber or other forest-produce is discovered, the fact should be immediately reported to the local Government and when the matter has been fully inquired into, a further and complete report should be submitted to them of the nature and extent of the loss, showing the errors committed or neglect of Rules by which such loss was rendered possible, and the prospects of effecting a recovery. (See also Article 29, Civil Account Code.)44. Recovery of losses and disciplinary action.
- The following procedure should be followed when losses of public money occur through the negligence or fraud of individuals:-45. Filling up of cheques forwarded to the Treasury for re-credit in the Treasury Accounts.
- All cheques forwarded to the Treasury for re-credit in that Treasury Accounts should be endorsed as follows under the signature of the Forest Officer:-"Received payment by transfer credit to Revenue under head of service A. B. Forest Officer". No such cheque should ever be made payable to any Forest Officer or Treasury Officer by name or by official designation. (C.F. Note 2 to Article 26, Civil Account Code)46. Unusual expenditure.
- Whenever unusual expenditure, i.e., of a novel, doubtful or irregular nature has to be incurred, the sanction of the State Government must be obtained.47. Extent of powers of sanction given in Articles 69 and 70, F. D. Code, 7th Edn.
- It must be distinctly understood that the power of sanction given in Articles 69 and 70, F. D. Code, 7th Edition, must be exercised within Budget limits; that is, no expenditure must be incurred under any Budget head if the provision made under such head by competent authority is not sufficient to cover the outlay.48. Execution of works requiring sanction on estimate.
- Works requiring sanction on estimate shall not be commenced until the estimate prescribed in Article 70(ii) of the Forest Department Code, 7th edition, has been sanctioned.49. Advances to contractors.
- In accordance with Article 71 of the Forest Department Code. 1913, the following instructions are laid down for observance in granting advances to contractors. [Vide B. & O. Government Order No. 5300-III-F-102-R., dated 23.7.1913]:-49A.
The following procedure should be observed from 1st April 1938 for the accounting and verification of balances of the advances made to private individuals for demarcating their forests and other advances on account of the original construction of roads,buildings, wells, etc., which are recoverable from profits in accordance with the terms of the lease for the management of private forests by Government:-1. Accounting of advances to and repayment by private individuals for demarcation of forests and for buildings, roads, wells, etc. - These advance should be drawn by the Conservator of Forest, Bihar, or any other officer authorised by him in this behalf in the same manner as other miscellaneous expenditure is drawn and charged in the Forest Accounts. They should be drawn in lump (in Form 111 of Schedule XVIII) quoting the number and date of the particular Government order sanctioning the advance. In drawing these advances it should be seen that the disbursement is covered by grant.
2. The amount drawn should be charged to the head "R-Loans and Advances by Provincial Government-Miscellaneous Loans and Advances-Advances for demarcation of private forests, buildings, etc." in the Forest.
3. When recovery of the advances is effected, the amount representing recovery of the principal should be credited to the same head in lump while the amount representing recovery of interest will be credited in lump to the head "XX-Interest on miscellaneous loans and advances". Both these should be shown in the receipt side of the Forest Cash Accounts.
4. With each month's accounts the Conservator of Forests, Bihar, or the Divisional Forest Officer concerned will transmit to the Accountant-General, Bihar, a plus minus memo, (in Form No. 80 of Schedule XXV) in which a manuscript head "Advances F for demarcation of private forests, buildings, etc." should be opened in the column "Nature of advance" under "Miscellaneous Loans and Advances" and the balances as well as advance and recovery properly exhibited after due agreement with his account. The Conservator of Forests, Bihar or the officers authorised by him on this behalf should sign the plus minus memo.
5. Soon after the accounts for March are closed each year the Accountant-General, Bihar, would furnish to the Conservator and the Divisional Forest Officers concerned a statement showing the amount of the balances from the previous years, the amount of advances made during the year, the amount of recoveries made, and the balances on the 31st March.This statement would be returned to the Accountant-General, Bihar, by those officers after check with their books with a certificate of their acceptance of the balances at the close of the financial year shown in the departmental records against each owner separately. [Finance Department Letters Nos. 2958-F., dated the 31st March, 1938 and 4348-F., dated the 30th May, 1938, vide C.S. No. 148, dated the 30th November 1938].
50. Cash book of Subordinate Officers.
- The cash book of all disbursing officers subordinate to the Divisional Forest Officer shall contain a detailed record of their daily transactions and shall be written up daily.51. Maintenance of accounts by forest subordinates not in charge of ranges.
- A Divisional Forest Officer may authorise any subordinate officer not in charge of a range to issue permits for petty sales of forest produce, to collect revenue and issue receipts for same and to receive small advances for payment for work done. A forest subordinate thus authorised may or may not maintain a cash book for this purpose, but he will render proper accounts to his Range Officer at suitable intervals for incorporation in the latter's cash book in accordance with such instructions as may be issued by the [Chief] Conservator of Forests, (vide Appendix XIX).52. Suspense transactions.
- All receipts and charges on account of private firms, Government departments, public sector undertakings etc. which cannot be adjusted at once will be shown under the head "Suspense". Such receipts and charges must not be allowed to remain unadjusted for more than twelve calendar months.53. Pay bills of Gazetted Officers (Form No. 14).
- The pay bills of Gazetted Officers (Form No. 14), duly receipted with stamps attached, when necessary, will accompany the accounts as vouchers, copies being kept in the Divisional Office.54. Permanent establishments (Form No. 15).
- (i) The establishment bills of the permanent staff, in English or vernacular, will be prepared in books (Form No. 15) and the signature of each recipient will be taken when payment is made, receipt stamps being attached when necessary. When receipts of persons serving at a distance are obtained on separate abstracts the Divisional Forest Officer will note in the signature or "Remarks" column of the divisional bill book that the receipts of the incumbents have been obtained and filed separately.55. Absentee Statement.
- The State Government having declared that the Subordinate Forest and Office establishments of the several Forest divisions with the exception of Forest Guards should be treated as on a provincial scale for purposes of audit, the Accountant-General has introduced the forms of Absentee statements prescribed in Article 66 of Civil Account Code. (See Note to Article 54 of Forest Account Code.)56. Vouchers for pay of permanent establishments.
- The vouchers for the pay of permanent non-gazetted establishments to accompany the cash accounts will be abstracts from the establishment bill book signed by the Divisional Officer. In these vouchers the names of persons in inferior service need not be given, but the number and designation of posts in each grade on different rates of pay must always be specified. (See Supplementary Rules 35 of Bihar and Orissa Account Code.)57. Travelling allowance bills (Form No. 16 & 17).
- (i) The travelling allowance bills of Gazetted Officers will be prepared in standard Form T.O. Form No. 2 of the Bihar and Orissa Account Code vide Manual Form No. 16.)58. Claim for arrear travelling allowance.
- Charges on account of travelling allowance should be billed for during the month in which they are incurred or during the following month. No claim for arrear travelling allowance bills should be admitted without satisfactory reason for the delay unless accompanied by a certificate given by the Divisional Forest Officer that the amount claimed was not drawn in any previous occasion. In no cases should bills which have been allowed to remain unpaid for more than two months be paid without the sanction of the Conservator.Fixed T.A. - The fixed monthly Travelling Allowance sanctioned for Forest Ranger and Foresters which was sanctioned in Revenue Department letter No. 188R, dated 16th January, 1956 has been raised as follows (Vide letter No. A/F-9 (D 020/68-2475 dated 9th July, 1968 of the Government of Bihar, Forest Department).Forest Rangers - Rs. 65/- (Sixty five monthly),Foresters - Rs. 40/- (Forty monthly).Subject to conditions laid down in Government No. C/F-1 (B) C165/57-26 R, dated 3rd January, 1958 and No. C/F 1062/55-188 R, dated 16th/17th January, 1956 which together with Letter No. 2474 quoted above are reproduced in App. XV.59. Vouchers for travelling allowances.
- The vouchers for charges on account of travelling allowances will be the Original bills countersigned by the [Chief] Conservator or by the officer duly authorised by the State Government and receipted by the payees.60. Revenue Remittances to treasuries.
- All entries in the cash book of "remittances of revenue to treasuries" will be supported by vouchers, in the Treasury challan or advice list form. The name of the treasury and the treasury number and date of each challan or advice list will invariably be entered in the cash book in the column of "Particulars"; and when revenue is remitted to a sub-treasury or tahsil the name of the district treasury to which it is subordinate must also be given.61. Treasury Challan.
- (i) Every challan or advice list will be examined and initialled by the Divisional Forest Officer who must satisfy himself that it bears the Accountant's and the Treasurer's signatures, and if the sum acknowledged is Rs. 500 or more, the Treasury Officer's signature also. Challans for sums paid by cheques in favour of the Treasury Officer will not be signed by the Treasurer; the second signature on such challan for sums under Rs. 500 will be that of the person who may have been nominated to that duty by the district officer. [See also Article 5, Civil Account Code].1. Name of sub-treasury or tahsil.
2. Amount acknowledged.
3. Number and date of Treasury Officer's receipt.
4. By what Forest Officer remitted.
62. Vouchers.
- (i) All payments must be supported by vouchers in the following forms:-| Pay of permanent or temporary establishment | ... | Form Nos. 14-15 |
| Travelling allowance bill | ... | Form Nos. 16-17 |
| Cash remittance to treasuries | ... | Treasurychallanor advice list |
| Revenue derived from supplies to public departments | ... | From No. 9 of F. A. Code |
| Daily labour form | ... | Form No. 10 of F. A. Code |
| All other payments | ... | Form No. 11 of F.A. Code or post office receipt with inlandmoney order acknowledgement. |
63. Transaction with public departments.
- (i) Revenue derived from sales to public departments will be adjusted by book transfer. A statement (Form No. 9, Forest Account Code) in triplicate will be sent to the officer to whom the produce has been supplied; he will sign and return the original which will then be used as a voucher (Vide Rule 121).4. Adjustments with outside bodies. - Payment shall be required in all cases where a department of a Government renders service or makes supplies to a non-Government body or institution or to a separate fund constituted as such inside or outside the public Account, unless the Government by general or special order gives directions to the contrary. Relief in respect of payment for services or supplies given to any body or fund, should ordinarily be given through a grant-in aid rather than by remission of dues.
III. - Inter-Departmental Adjustments5. For purpose of inter-departmental payments, the departments of a Government shall be divided into service Departments and Commercial Departments according to the following principles: -
A. Service Departments. - These are constituted for the discharge of those functions which either (a) are inseparable from, and form part of the idea of Government or (b) are necessary to, and form part of the general conduct of the business of Government.Examples of the first class are-The departments of Administration of Justice, Jails and Convict Settlements Police, Education, Medical, Public Health, Forest, Defence.Examples of the second class are-the departments of Survey, Government Printing, Stationery Public Works (Buildings and Roads), Indian Stores Department.B. Commercial Departments or undertakings. - These are maintained mainly for the purposes of rendering services, or providing supplies of certain special kinds, on payment for the services rendered or for the Articles supplied. They perform functions which are not necessarily Government functions. They are required to work to a financial result determined through accounts maintained on Commercial Principles.Note. - Government has the power in respect of these directions to decide whether a particular department or particular activities of a department shall be regarded as a commercial department or undertaking. A list of departments and undertakings at present recognised by Government as Commercial is given below:-List of departments and undertakings at present recognised by Government as Commercial(The list does not purport to be exhaustive and may be modified by Government where necessary in consultation with the Accountant-General.)Bihar GovernmentIrrigation, Navigation, Embankment and Drainage Works for which capital and revenue accounts are kept, including the Irrigation Department Workshop at Dehri.6. Save as expressly provided by those directions, a service department shall not make charges against another department for services or supplies which fall within the class or duties for which the former department is constituted: -
The following exceptions to the above direction have been authorised:-7. A commercial department or undertaking shall ordinarily charge and be charged for any supplies and services made or rendered to, or by, other departments of Government.
This direction may be applied to particular units or particular activities of any department even though the department as a whole may not be commercial department. Such a unit or activity shall ordinarily charge for services or its supplies to, and may likewise be charged by either the department of which it forms a part or any other department.Note 1. - Save as otherwise provided in these directions, service rendered by a Service Department falling under clause A(a) of paragraph 5 in the normal charge of it functions shall not be regarded as service rendered for the purpose of the above directions.Note 2. - The supply of residential accommodation by one department to the employees of another shall not, for the purpose of these directions, be held to constitute a service rendered. In all such cases, the rent charged for residential accommodation will be the rent recoverable under the rules for the time being in force from the persons actually using such accommodation.8. Where one department makes payment or renders service as an "agent of" another department of the same Government the principal department may, subject to the limit of Rs. 50, be charged with the expenditure incurred on its behalf by the agent department.
Note 1. - The cost of land acquired by a civil department on behalf of the Public Works Department is chargeable in the accounts of the latter as part of the cost of the works for which the land is taken up; but when land is taken up for two or more service departments conjointly, the cost is wholly debitable to the department for which the major portion of expenditure was incurred, unless there are special reasons to the contrary.Note 2. - When a special officer is employed for the acquisition of land for any department, the expenditure on pay, allowance, etc., of the special officer and his establishment and any expenditure on contingencies is chargeable to the department as part of the cost of land. When the land is taken up by a civil officer, not specially employed for the work, only special charges incurred in connection with the acquisition of the land on establishment, contingencies, etc, are borne by the department for which the land is acquired.9. Without prejudice to the general principle contained in paragraph 6, the Defence Services shall, in respect of inter-departmental transactions, charge and be charged for services rendered and supplies made to or by other departments, unless in particular cases or classes of cases, Government in consultation with the Auditor-General have decided that the inter-departmental adjustment would be unsuitable and undesirable.
Note. - The Defence Services are not required to pay rent for office accommodation supplied by the Public Works Department in Central buildings in any station in India; nor is rent charged for buildings of the Defence Services in any station in India occupied by departments of the Central Government other than those falling under clause B of paragraph 5.10. A branch of a service department performing duties supplementary to the main functions of the department and intended to render particular services on payment, may levy charges in respect of the work for which it has been constituted.
ExamplesJail manufacture, Survey map-publishing, Printing (Publishing Department), Mint (Miscellaneous Services other than coinage).11. A branch of a department constituted for the subsidiary service of that department, but employed to render similar service to another department, may charge that other department, e.g. -
Workshops of a department, Mathematical Instrument Office, Dockyards.12. A regularly organised store branch of a department should ordinarily charge any other department for supplies made; but petty and casual supplies of stores may, if the supplying department consents, be made without payment.
13. Notwithstanding anything contained in these directions, a Government may for special reasons which shall be recorded and communicated to the Accountant-General, permit inter-departmental adjustment in any case where such adjustment may be considered necessary in the interests of economy or of departmental control of expenditure.
Note. - "Accountant-General" means the head of an office of accounts keeping the accounts of the Central (or Federal) Government or of a province, by whatever designation he may be called".2. District boards, municipalities and other local bodies, who are liable in the ordinary course to pay for any articles supplied to them from the forests controlled by the Forest Department are not exempted from payment. There is, however, no objection to making free grants of stone, road metal and other forest produce from Government forests under the control of the Forest Department to district boards where their roads pass through and are useful to Government forests. Such grant should be made by a formal grant which must pass through the accounts of the Forest Department and necessary provision for it should be made in the forest budget. The Conservator of Forests is authorised to make such grants to a value not exceeding Rs. 250 in any one case subject to the limit of Rs. 1,000 a year for all cases taken together. [Government Letter No. 474-IIIF-139-R., dated the 6th June 1936, Government of Bihar, Revenue Department, Letter No. 5139-R.-IIIF-80, dated the 7th July, 1939. vide C.S. No. 87, dated the 10th January, 1940].
64. Entries in the cash book of cheques drawn.
- The amounts of Cheques drawn will be entered in the cash book at once, and the expenditure for which the cheques are drawn will be charged under appropriate heads of service or account.65. Forms to be rendered to the Conservator.
- On the same day on which the accounts are sent to the Accountant General, Classified Abstracts of Revenue and Expenditure (Form No. 14, Forest Account Code) will be submitted to the Conservator by Divisional Officers, the items in these classified abstracts being entered in such detail as the Conservator may direct; and monthly returns in Forms Nos. 5 and 25 will be submitted to the Conservator.66. Scrutiny of Divisional Accounts.
- The monthly returns received from Divisional Officers will be scrutinized in the Conservator's Office and the Divisional Forest Officers addressed regarding any discrepancies which may be noticed.67. Intimation of sanction (Form No. 26).
- A monthly return in Form No. 26 will be sent by the Conservator to the Accountant-General of all sanctions of works in accordance with Article 48 of Forest Account Code.All sanctions to works accorded by the Divisional Forest Officers will also be communicated by them to the Accountant General in a monthly statement in Form No. 26 (cf. Financial Rule 307 of B. & O. Account Code).68. Comparative Statement of Revenue and Expenditure (Form No. 27).
- A Comparative statement of revenue and expenditure should be submitted as early as possible in January, February and March in Form No. 27 in order that savings towards the close of the year in certain divisions may be utilised in others so that the budget figures sanctioned by Government may be worked upto.69. [Hints for checking monthly accounts in Divisional Offices.] [See also Appendix XIX.]
- The principal duty of the Accounts Branch of Divisional Forest Office is the incorporation of Range Accounts into one consolidated account which is submitted to the Accountant General. The Divisional Officer is required to see that such subsidiary accounts are properly incorporated. Although it is desirable in order to avoid objections to see that the various forms submitted agree with each of the, this point is not of great importance. The Divisional Officer must remember, however that as the Accountant-General's Office does not see the Range Accounts, the responsibility for their proper incorporation and check rests entirely with him.| Dr. | Cr. |
| Opening balance on 1st | Expenditure charged off on work done. |
| Revenue (if any) receive. | Revenue (if any) remitted. |
| Advances received from Divisional Office Recoveries of excesspayments if any | Closing balance on 31st |
69A. Bihar Rules for Licenses for the Hunting of Elephants, 1937.
- (Revenue Department Notification Nos. 2717-R., dated the 24th March, 1938, 913-IIIF-29-R., dated the 20th February 1937, 1716-IIIF-20-R., dated the 8th April, 1937 and 3142-IIIF-94-R., dated the 12th April, 1938). - (1) In exercise of the powers conferred by Section 1 of the Elephants' Preservation Act, 1879 (Act VI of 1879), the Governor of Bihar is pleased to extend the said Act to the districts of Singhbum, Manbhum, Palamau and Ranchi.1.
2. In these Rules -
3.
4. A license shall continue in force from the 1st October of the year in which it is granted, until the 31st March following.
5. A holder of a license in form A shall not -
6. A holder of license in form A shall for every elephant captured by him or accidentally killed in an attempt to capture, pay to the Government, in such manner as the Deputy Commissioner may from time to time direct, a fee of Rs. 100.
7. A holder of a license in form A shall not remove outside the boundaries of the area covered by his license any elephant captured by him or the tusks of an elephant killed in an attempt to capture unless he has -
8. The Deputy Commissioner may cancel any license in Form A if the holder thereof has committed a breach of any of these rules.
9.
| North-East-South-West- | Boundaries of Block. | Name of Block................District of..................Province of........... the boundaries of which are specifiedin the margin, is granted to you on the following conditions:- |
1. ...............................................
2. ...............................................
3. ...............................................
Form BLicense For the Shooting of Elephants within the.....................................In the District of.........................................(Seal and signature of the Deputy Commissioner.)Permission is hereby granted to you...........................................son of................................................resident of..................to shoot the elephant(s) described below during the period..........................to......................in| North-East-South-West- | Boundaries of Block or locality | Name of Block................District of..................Province of........... the boundaries of which are specifiedin the margin, is granted to you on the following conditions:- |
1. ...............................................
2. ...............................................
3. ...............................................
Station.............Form CStatement for the Month of......Showing the number of elephants captured by..............in accordance with a licence granted under the Elephants' Preservation Act, 1879 (VI of 1879) by.........on the..........day of.......| Date of capture. | Number of elephants captured alive. | Number of elephants that died during capture. | Number of elephants sold out of those entered incolumn 2. | Number of elephants that died out of thoseentered in column 2. | Number remaining at the end of the month, i.e.,column 2- columns 4 and 5. | Total number remaining at the end of proceedingmonth. | Total of columns 6 and 7. | Remarks. | |||||
| Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | |||||
70. Rules regulating the grant of licenses to capture elephants in Angul.
- [In exercise of the powers conferred by Section 6 of the Elephants Preservation Act, 1879 (Act VI of 1879), the Government of Bihar and Orissa are pleased to make the following Rules for regulating the grant and renewal of licenses under the said Act within the Sadr subdivision of the district of Angul, the fees to be charged on such grant and renewal, the time during which such licences shall continue in force and the conditions on which they shall be granted:-] [Notification No. 3145-P., dated 1st April, 1932 and Notification No. 3616-RR. dated 7th October, 1933 and Notification No. 1433-P., dated 15th February, 1934 and Notification No. 76-R., dated 5th January, 1935.]71. [ Rules regulating the grant of licenses to capture elephants in Cuttack, Puri and Balasore districts.] [Notification No. 687-IIIF-131/35-R., dated the 22nd January 1936.]
- In exercise of the powers conferred by Section 6 of the Elephants Preservation Act, 1879 (Act VI of 1879), and in supersession of ail previous Rules on the subject in force at the date of this notification in the areas hereinafter mentioned the Government of Bihar and Orissa are pleased to make the following Rules for regulating the grant and renewal of licenses under the said Act within Killah Sukindah in the district of Cuttack, within the subdivision of Khurda in the district of Puri and within the police-stations of Banth in the Bhadrak subdivision and Khaira in the Sadr subdivision and certain [villages as specified in Notification No. 62-IIIF-315-R., dated the 3rd January 1936] [See page 377.], in the police-station Soro in the Sadr subdivision of the district of Balasore, the fees to be charged on such grant and renewal and the time during which licences shall continue in force.1. In these Rules -
2.
3. A licence shall continue in force from the 1st October of the year in which it is granted, until the 31st March following and shall be valid only within the boundaries specified in the licence.
4.
5. For every elephant captured by the licence-holder and for every elephant killed, the licence-holder shall pay to the Government, in such manner as the Collector may from time to time direct, a fee of Rs. 100:
Provided that no fee shall be payable for an elephant killed under a licence granted under the proviso to Rule 2.6. A licence-holder shall be at liberty to capture or to kill elephants in any manner except in pits.
7.
8. A licence-holder shall not remove outside the boundaries of the area covered by his licence any elephant captured by him or the tusks of an elephant killed by him unless he has -
9.
10. A licence-holder shall not after the 15th day of December in any year undertake any Kheda operations in any Government forests to which the Fire Protection Rules apply.
11. The Collector may cancel the licence of any licence-holder who commits abreach of any of these Rules.
The villages referred to in notification no. 62-IIIF-315-R., dated 3rd January 1936:-| Chhatara. | Kurei. | Mugunipur |
| Ranpur. | Aria. | Chalk Kamaripur. |
| Khunta. | Sialigotha. | Barikpur. |
| Digibhaunra. | Ghoramara. | Patharpenth. |
| Saralia. | Lakshabindha. | Patana. |
| Sindhua. | Wada. | Taharpur. |
| Gujiriha. | Rautamanakahani. | Bagapur. |
| Singa Khunta. | Paandamanakahani. | Sipura. |
| Brundadeipur. | Chhatrapur. | Samnathpur |
| Kumbhi | Kasbajaipur | Manjarigan. |
| Nuagan. | Chitapada. | Naikpada. |
| Juki. | Darkholi. | Gunada. |
| Gopinathpur. | Katuni. | Chalk Samanathpur. |
| Raipitambar. | Mahumuhan. | Bishnu Chak. |
| Mendhagaria. | Khanjamahal. | Maitrapur. |
| Raghunathpur. | Gobindapur. | Chalk Patharpenth. |
| Narasinghagar. | Kesuripur. | Jirtal. |
| Rusa. | Mahinshasuri. | Abdulnagar. |
| Rusa (Patana). | Pagarasal. | Dalingia. |
| Baghua. | Mantri. | Alsua. |
| Hariragaria. | Angula. | Raima. |
| Khanhupur. | Chartpo. | Garbhang No. I |
| Beharanpur. | Rangapati. | Garbhang No. III. |
| Balibar. | Balipur. | Bahar-padagan. |
| Daipur. | Chahalima. | Garbhang No. II. |
| Gopalpur. | Kiamundia. | Mulakudei. |
| Barchhigaria. | Bilabankia. | Haripalpur. |
| Jagannathpur | Sarsankha. | Sankhua |
| Mudpur. | Brahmansahi. | Garbhang No. IV. |
| Manipur | Natapara. | Suthang. |
| Bharararpada. | Binagaria. | Bhagatpur. |
| Atpur. | Radhaballabhapur. | Khantapara. |
| Belada. | Barakhuri. | Gobindapur. |
| Harirapada. | Nuapur. | Ramanagar. |
| Krushnadaspur. | Utarsar. | Naichhanpur. |
| Hensagura. | Kamarpur. | Atapur. |
| Hansipatna. | Madhusudhanpur. | Nuapara. |
| Nischintapur. | Dahisara. | Panpana. |
| Sarupada. | Jagantahpur. | Begunia. |
| Ghashipada. | Danda Haripur. | Darariha. |
| Kasagaria. | Pitalpada. | Basulipur. |
| Jarida. | Kespur. | Bahanga. |
| Patulida. | Naikbandha. | Ichhapur. |
| Gangei. | Chalk | Pitalpada. |
| North-East-South-West- | Boundaries of Block | Name of Block................District of..................Province of...........the boundaries of which are specifiedin the margin, is granted to you on the following conditions:- |
1. ...................................
2. ...................................
3. ...................................
Station.Form BStatement For The Month of...........................Showing the number of Elephants captured by..........................duly licenced under Act VI of 1879| Date of capture. | Number of elephants captured alive. | Number of elephants that died during capture. | Number of elephants killed. | Number of elephants sold out of those entered incolumn 2. | Number of elephants that died out of thoseentered in column 2. | Number remaining at the end of the month, i.e.columns 2- (columns 5 and 6.) | Total number remaining at the end of precedingmonth. | Total of columns 7 and 8. | Remarks. | ||||||
| Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. | Male. | Female. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | ||||||
72. Revenue from Quarries and Rules for granting leases for the same.
- (i) From 1st April 1922 revenue accruing from mineral concessions granted by Government shall be credited under the minor head 'Receipts from mines, quarries, etc.' of "V-Land Revenue-Miscellaneous" whether the area under concession is or is not in reserved or protected forest.73. Fixed value permits.
- Mode of realizing revenue by the use of fixed value permits in the Sambalpur divisions.(Government of Bihar and Orissa, Revenue Department Memo. No. 12828-IIIF-22-R., dated the 8th December 1925 and Letter No. 1583-R-IIIF-30, dated the 18th February 1936.)1. The sale of fixed value permits, their use for the removal of forest-produce and the method of check on the accounts necessitated by their use are regulated according to the following system:-
System of fixed value permits2. The main principles adopted are -
3. Fixed value permits in Form No. 37 of the following denominations which are distinguished by different colours will be used: -
| A book of | 0 | 0 | 3 | permits | containing | 64 | Permits. |
| “ | 0 | 0 | 6 | “ | “ | 64 | “ |
| “ | 0 | 0 | 9 | “ | “ | 64 | “ |
| “ | 0 | 1 | 0 | “ | “ | 64 | “ |
| “ | 0 | 1 | 6 | “ | “ | 64 | “ |
| “ | 0 | 2 | 0 | “ | “ | 32 | “ |
| “ | 0 | 2 | 6 | “ | “ | 32 | “ |
| “ | 0 | 3 | 0 | “ | “ | 32 | “ |
| “ | 0 | 4 | 0 | “ | “ | 32 | “ |
| “ | 0 | 6 | 0 | “ | “ | 16 | “ |
| “ | 0 | 8 | 0 | “ | “ | 16 | “ |
| “ | 0 | 9 | 0 | “ | “ | 16 | “ |
| “ | 0 | 12 | 0 | “ | “ | 16 | “ |
| “ | 1 | 0 | 0 | “ | “ | 16 | “ |
| “ | 2 | 8 | 0 | “ | “ | 8 | “ |
4. A register of receipts and issues of fixed value permit books shall be maintained in the Divisional Forest Office in Form No. 33 called the Register of Fixed Value Permit Books. As soon as a supply 'of these books of different denominations (Re. 0-0-3 to Rs. 2-8-0) is received from the Press, they should be examined and stamped and a certificate given on the cover of the book that the sequence of the number of permits in it is unbroken. Entries will then be made in columns 1 to 3 of this Register and when the books are issued to Range Officers, columns 4 to 6 should be filled in. This register should be numbered serially and a page index should be opened at the beginning of the book to show the pages where each class or denomination of fixed value permit books is entered.
5. The Range Officer shall obtain his supply of fixed value permits on indent from the Divisional Forest Officer in indent Form No. 34. The Divisional Forest Officer will supply the books indented for and fill in columns 7 to 11 of the indent Form and send it back with the permit books, to the Range Officer who should check them and sign and return the indent to the Divisional Forest Officer for record.
Rs. 500 is fixed as the maximum value of fixed value permits to be kept in stock by Range Officers.6. The Range Officer shall also maintain a register in Form No. 33, in which all receipts and issues should be entered as they occur.
7. Licensed vendors shall purchase their permit books for cash at the nearest Range or Sub-Range Office and shall be allowed a discount, of anna 1 in the rupee on the face value of the permits. If they cannot attend personally licenced vendors may send their agents with a written request for permit books and the necessary cash together with a receipt duly signed for the amount of discount due. The Range Officer shall then supply the permit books. He will show the full face value of the books supplied as a receipt and remit that amount to the treasury; the amount of discount allowed will be shown as expenditure supported by the licensed vendor's receipt.
8. Licensed vendors shall maintain a register in Form No. 35 and shall enter all transactions in fixed value permits daily in Form No. 36. Form No. 35 which shall be written up from Form No. 36 should be balanced monthly.
9. Licensed vendors shall close their accounts on the 12th day of each month and shall submit so as to reach the Range Office on or before the 15th of the month copies of Forms 35 and 36 together with the used up permit books containing the counterfoils and partly used up permit books containing the counterfoils of permits sold up to the 11th of the month as well as unsold permits. From the 12th the licensed vendors shall use another set of permit books until the submission of their next accounts.
10. The Range Officer shall prepare an abstract From monthly Forms 35 and 36 received from licenced vendors in his range and submit it to the Divisional Forest
Officer in Form No. 35 together with the used up permit books containing the counterfoils of permits issued during the month. The Divisional Forest Officer shall, after check, file it in guard books or have it bound. In the partly used up permit books the Range Officer shall initial with date the counterfoil of the last permit issued and return them to the licensed vendors for continuation of issues in the following month.The counterfoils of used-up permit books shall be destroyed after six months from date of receipt in the Divisional Forest Office.11. Licensed vendors may obtain refund of the price paid by them less discount already received, on returning to the Range Officer the permits in respect of which refund is claimed and fulfilling such other conditions as the Divisional Forest Officer may prescribe, such refunds being charged to "RVI-Deduct Refunds" and the permits brought on to stock in Form No. 33.
12. Licenced vendors shall enter on each permit issued the name of the block or forest, sub-range and range.
13. Licenced vendors shall issue a separate permit to each individual person and shall on no account issue one permit for produce to be removed by two or more persons from different forests.
14. The quantity and value of the permit books to be kept by each licence vendor shall be regulated by the Divisional Forest Officer according to the needs of particular cases.
15. Licensed vendors shall give a security bond for Rs. 50 executed by some person of known respectability and solvency for their good and honest performance of their duties. (See Form No. 32).
16. Range Officers will be personally responsible for the loss of any permits supplied to them.
17. Range Officers will show the sales by fixed value permits separately from those effected by ordinary permits.
18. Range Officers, or any of the Sub-Range Officers deputed by them for the purpose, should inspect the permits of every licensed vendor once a month and should submit a report on the result of their inspection to the Divisional Forest Officer as usual.
19. The Range Officer with the prior approval of the Divisional Forest Officer will furnish the vendors with a list of the forest produce for which they are empowered to issue fixed value permits, giving the rates chargeable for the different loads or quantities of such produce and specifying the forests for which they may issue fixed value permits and the period for which these permits will be current.
20. Sub-Range Officers who are specially authorized by their Range Officer, with the Divisional Forest Officer's previous permission in writing, may keep a stock of fixed value permit books for sale to licensed vendors, up to a maximum value of Rs. 100.
21. Purchasers of fixed value permits are required to return the permits, if not previously collected by a Forest Officer, to the nearest Forest Officer within a week of the expiry of the time granted for extraction of the forest-produce and the Forest Officer concerned shall transmit them as soon as may be to the Range Officer. The Range Officer shall check 10 per cent of these with the counterfoils submitted by licensed vendors.
74. Remittance of forest revenue and advance through Post Offices.
- The following Rules are prescribed for the remittance of forest revenue and advance through post offices.(Approved in Government Order No. 2597-For., dated the 21st July 1893, and No. 1069-For., dated 27th February 1896.)1. Divisional Forest Officers should provide their Range and other revenue-remitting officers with ordinary inland money order forms in books with counterfoils, such as are obtainable at all post offices, and these alone should be used, all particulars of the remittance being noted on the counterfoil.
2. The remitter should make out a money order on one of these forms, filling in the name of the most convenient post office and other particulars, and making it payable to the officer-in-charge of the treasury, and should send it with the cash to the post office. He should note briefly on the coupon particulars of the remittance sufficient for the Treasury Officer's information.
3. The Treasury Officer, on receipt from the post office of the money order, will sign and date the money order and return it to the post office after cutting off the strip containing the coupon and acknowledgement. He will forward to the Divisional Forest Officer the advice list prescribed in the Rules published in the notification of the 11th May 1888, together with the corresponding strips consisting of the coupons and acknowledgements of all money orders received during the day.
4. The entry in the remitter's account will be supported by the receipt given to the remitter by the post office when the money order was issued.
5. The commission paid on money orders will be charged to contingencies in the Forest Department Accounts.
6. Remittance of advance. - In remitting advances to disbursers the same procedure as that prescribed in Rules 1 and 5 above should be followed; but the amount of the money order and the commission may be paid into the post office either in cash or, where the post office is at a treasury or sub-treasury station, by a cheque drawn in favour of the Postmaster on such treasury or sub-treasury. The latter course can only be adopted when the remitter has a banking account with the treasury or sub-treasury concerned.
7. The money order will be treated by the post office as an ordinary inland money order, and acknowledgement sent to the remitter in due course. The remitter's accounts will be supported by the acknowledgement, as well as the receipt referred to in Rule 4 above.
Chapter-VI Budget Estimates75. Preparation of budget and revised estimates.
- The Rules regarding the preparation and submission of the budget and the revised estimates and regarding budget control are detailed in a separate publication named the Bihar and Orissa Budget Manual.Chapter-VII Miscellaneous Office BusinessOffice Business76. Definition of "case" and "files".
- A group of documents relating to one subject is called a "case". A group of case referring to one head or division of work may be collected in a "file".77. Case cover.
- Each case will be kept within a stiff cover standardized for the purpose, and on the title-page of this will be entered the number and subject of the case and its references, if any, to previous and subsequent correspondence.78. Case register. (Form No. 18.).
- A register of cases will be kept (Form No. 18) with a series of numbers commencing on the opening of each financial year. The cases falling within each "file" or "class of cases" should be entered in one place, space being set apart in the Case Register for entering the case of each "file" in the order of their number. The number given to each "file" should be in Roman figures, e.g., "I" for "Accounts". The number given to each "case" should be in Arabic figures. Cases should be serially numbered within each "file". Thus "1-I" will mean Case no. 1 of File "I-Accounts"79. Government and Account Department General Orders and Circulars.
- Government and Account Department general orders and circulars will be filed separately, according to number and date, in a "Circular file". If they are received in duplicate, one copy will be placed with the case to which it relates. If only one copy be available, and it has special reference to any case, a memorandum of its contents will be filed therewith.Miscellaneous Office Business80. Register of books and maps, Form No. 19.
- (i) In each office a register of Books (Form No. 19 must be kept up. The current number of the register and the date of receipt should be entered on each copy. The column of "Remarks" is intended to explain what has become of any copies which may have been lost or otherwise disposed of. The entries in this column should be dated and initialled by the officer to whose office the books belong.81. Registers of correspondence. (Forms Nos. 20 and 21.).
- (i) Registers of receipts and issues of all correspondence will be kept in Forms Nos. 20 and 21 comprising, if necessary, consecutive volumes of convenient bulk.82. Destruction of useless documents.
- (i) Every year, in the months of September and October the Divisional Officer and his clerks will sort the cases that have been closed for three full years, with a view to destroy those documents which may be considered of no further use. A large bulk of the correspondence may be got rid of by destroying forwarding dockets, inquiries and reminders. Many of the letters relating to questions which have been settled for three full years can also be destroyed, provided the register books contain all that may be necessary to ascertain regarding them.83. Register of distribution of books.
- A register of the distribution of books and circulars etc. will be kept in Form No. 22.84. List of correspondence to be sent to Forest Officers when on tour.
- When the Conservator or any Divisional Forest Officer is absent on tour, a list in Form No. 23 of all documents received in his office will be sent to him daily or as frequently as he may direct with all papers necessary for his orders.85. Register of forest buildings.
| Sl. No. | Name of buildings. | Sanctioned cost of annual repairs | Year | Year | Year | ||||||
| Ordinary | Special | Total | Ordinary | Special | Total | Ordinary | Special | Total | |||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Serial No. | Purpose. | |||
| 1. Area in acres | ... | ... | ... | ... |
| 2. Situation | ... | ... | ... | ... |
| 3. Description of boundaries | ... | ... | ... | ... |
| 4. Method of demarcation | ... | ... | ... | ... |
| 5. Date when acquired or leased | ... | ... | ... | ... |
| 6. Method of tenure - | Whether rented, if so amount of rent, free of rent, otherterms. |
7. Subsequent Addition or modification;
The following instructions should be followed in preparing the register:-86. Capital and Revenue Accounts of residential buildings.
- The Government considers that it is desirable to maintain a Capital and Revenue account of forest buildings on the same lines as those maintained in the case of buildings which are on the books of the Public Works Department. The Chief Conservator of Forests and the Conservator of Forests will open in their offices, a Capital and Revenue Register and will forward annually a copy of the entries contained therein to the Superintending Engineer to enable that officer to exercise a check on the assessment of rent. (Abstract from letter No. 7124 R. dated 28th October, 1913 from the Revenue Secretary, Government of Bihar and Orissa).It is not considered that the Civil Account or Public Works Code either expressly directs or intends that residential buildings of the Forest Department shall be brought on the books of the Public Works Department.Capital and Revenue Accounts should be prepared in the form attached for non-Public Works Department residential buildings, the cost of which exceeds Rs. 5000 for each residential quarters and submitted to the Accountant General, Bihar every year not latter than 31st July each year. In the case of residential buildings whose capital cost cannot be ascertained from records, the [A. G's Circular No. 374 dated 25th May 1926 and No. 38 dated the 8th July, 1826] present estimated value there of may be taken as the capital cost.The rates of interest given in the following table should be applied in calculating the standard rent of residences and filling in the column 13 of the return.| Date of acquisition or construction of the residence. | Rate of interest | |
| Buildings occupied on or before the 19th June 1922. | Buildings occupied after the 19th June 1922. | |
| Before 1st April 19191st April 1919 to 31st July 1921..1st August 1921 to 31st December1921From 1st January 1922 until further orders | 3 ½ per cent.3 ½ per cent.3 ½ per cent.6 per cent. | 4 per cent.5 per cent.6 per cent.6 per cent. |
| Locality. | Serial no. | Particulars of buildings. | Capital outlay to end of year under report. | Cost of value of site including expenditure onits preparation which has not been taken into account incalculating the standard rent. | Capital cost of- | |||
| Building excluding site. | Water-supply and sanitary installation. | Electric installation. | Total | |||||
| 1 | 2 | 3 | 4 | 5 | 5(a) | 5(b) | 5(c) | 5(d) |
| Number of years for which revenue accounts havebeen kept. | Annual allowance of maintenance | Actual expenditure on maintenance | Interest on capital outlay to end of year underreport (column 4) or rent payable by Government. | Total annual cost to Government, i.e., total ofcolumns 12 and 13. | ||||
| Ordinary. | Special | Municipal and other taxes payable by Government. | During year. | To end of year under report. | Average per annum. | |||
| 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Standard rent per annum calculated under | Rent realised during the year | Remarks(1) Information as to whether the particularoccupant pays rent under Fundamental Rules 45A and 45B.(2)Explanations of short realization.(3) Reference to ordersfixing, special rents, rates, etc.(4) Explanation of excessof average annual maintenance charges over the amount permissible(columns 7 and 8) | ||||
| Date from which it is operative. | Fundamental Rule 45A. | Fundamental Rule 45B. | Monthly rate. | Number of months. | Amount. | |
| 15 | 16 | 17 | 18 | 19 | 20 | 21 |
87. House Rent
, Government of B. & O., F Department, No. 1889-F., dated 26th February 1923, and No. 3584-F., dated 11th April 1923, 1629-F.R., dated 17th June, 1932. - The Officers of the classes named below are exempted from payment of rent for Government quarters occupied by them:-1. (i) Ministerial officers drawing not more than Rs. 60 a month who are employed as Range clerks in Forest Ranges. [Government of Bihar and Orissa, Finance Department, Letter No. 1629-F.R., dated the 17th June, 1932.]
2. In the case of clerks (not subject to any special Rules or orders) drawing pay up to Rs. 125 a month rents are limited to 5 per cent, of their pay.
(Government of Bihar and Orissa, Public Works Department, Circular No. 1170-A/IVR-1 of 1922, dated 23rd January, 1922.)3. Bengal P.W.D. Circular No. 24-A., dated 20th October 1905. Government Order No. 2807, dated 8th November 1905. - When an officer continues to occupy a house after it has been purchased by Government for official residence, rent should be recovered at the rate paid to the former landlord subject to the usual limit of 10 per cent on the salary and local allowance of the officer occupying the house, pending the approval of Government to the rent assessed by the Superintending Engineer.
Note 1. - Government quarters as used in this Rule include as well houses leased by Government.Note 2. - The Gazetted Officers of the Forest Department, whether on duty or on recess, are allowed to occupy the forest rest-house at Doranda (Ranchi), free of rent, up to a limit of 10 days subject to the condition that occupation should be treated as continuous where an interval of seven days or less intervenes between two or more periods of occupation.88. Quinquennial reports and maps to illustrate the same. Inspector-General of Forests Circular No. 1010, dated 9th November 1897.
- Forest maps are to be appended to all Provincial Forest administration Reports once in every five years, with effect from the quinquennial period commencing with the year 1898-99. Similarly every fifth year the Conservator's letter covering the annual report will give a short resume of progress made in forest administration during the preceding five years.89. Nomenclature of plants in Forest Administration Reports and other reports and publications.
- When vernacular or popular names are used, the scientific names should invariably be given in brackets also. When possible, the English equivalent or trade name should be given as well. Specific names of plants should always be spelt with a small initial letter.All scientific, vernacular and trade names (except those that have been anglicised, such as mango and teak) must be printed in italics.Examples: - Sitsal (Dalbergia latifolia) (Bombay black wood, Indian rosewood), but teak (Tectona grandis).90. Rules for supply of stationary.
- The supply of stationery is regulated by a fixed, book credit, which is distributed by the controlling officer to the indenting officer by annual allotment. All articles of stationery, including drawing material, type writers and their accessories, brass seals, dating machines and rubber stamps will be obtained from the stationery office, Gulzarbagh, in accordance with the rules for the supply of articles of stationery in Bihar and Orissa.To enable the Conservator to make suitable alterations from year to year Divisional Forest Officers should submit (not later than the 15th March) a value forecast for the ensuing indent explaining differences from the value of the previous year's indent; the Conservator will then intimate the allotment for each division on the 15th April. Indents must be prepared in accordance with the Rules for the supply of stationery and the regular annual indent is due to reach the Conservator's office not later than the 1st of May.Supplementary indents should rarely be necessary and should be accompanied by an explanation.91. Rules for Supply of Printed Forms.
- The Forest Department Code Forms will be obtained by indent on the Government of India Central Forms Stores, Calcutta. The indenting officers will send a copy of the indent for these forms to the Deputy Superintendent in charge, Press and Forms Department, Gaya and will also inform him of the receipt of the forms.[Out of three copies of invoices received from the Central Forms Stores, Culcutta, for the supply of the Forms, one copy will be kept by the indenting officers and the remaining copies will be forwarded to the Deputy Superintendent in charge of Press and Forms, Gaya, the cost of the forms will be debited to the Forms Department, Bihar, by the Accountant-General, on its acceptance of the debit. All other Forms will be indented for from the Forms Department, Bihar, in accordance with the Rules for the supply and custody of printed Forms in Bihar. (Government of Bihar, Finance Department, Letter No. 3761-F., dated the 13th April, 1939)] [Substituted vide C.S. No. 89, dated 10.1.1940.].Chapter-VIII Transfer of Charge92. Transfer of charge, General.
- On the occasion of transfer of charge arrangements must be made by the two officers concerned that the relieving officer is placed in such a position as will enable him to carry on the duties of which he has taken charge in an efficient manner, and with as complete a knowledge of the property entrusted to his charge, the works in progress and all arrangements made in connection with them, as the circumstances of the case admit.93. Transfer Report.
- A transfer report signed by the relieved and the relieving officers will, on the day of transfer, be submitted to the Conservator in the case of a transfer between two Conservators and to the State Government in the case of the transfer of the Chief Conservator's Office. The relieved officer will report the transfer of Divisional charge to the officers in charge of the treasuries on which he is authorised to draw cheques and bill, at the foot of the report; send a specimen of the relieving officer's usual signature in order that the, treasury officers may satisfy themselves as to the validity of the cheques presented by the relieving officer.94. Examination of accounts and vouchers outstandings and liabilities.
- The relieving officer must see that all office books are posted upto date, and in the case of cash and stock accounts that the needful vouchers of receipts and issues belonging to the accounts of the current month are made over to him. The relieving officer will make himself acquainted with all outstandings and liabilities on account of the department, and state that he has done so.95. Cash.
- (i) The cash book will be closed and the cash balance will be counted in the presence of both officers who will sign the book.96. Timber and forest produce.
- In the case of a transfer between two Divisional Officers the Relieving Officer will take over charge of all timber, bamboos, and other forest-produce for which a certificate, in a Form similar to that prescribed in Rule 154 (as per Government Publication, Rule 95 herein) for cash, will be submitted.97. Other properties.
- Besides cash, timber, and forest-produce, the following are the main classes of property which ordinarily form the subject of transfers between Divisional Officers:-98. Examination of property by Relieving Officer.
- (i) In the transfer report, the relieving officer should state by what means he has satisfied himself of the nature and condition of the different classes of property of which he has taken charge.Chapter IX
Inspection Report
99.
100. Scale of Furniture for use of Forest Officers on tour.
- As most of the forests are equipped with Rest Houses and Subordinates' rest sheds, the need of tents will not often arise; where tents are necessary the scale of camp furniture should not ordinarily exceed the following. (Government Order No. 2915-IIIF-56 R, dated the 26th March, 1931 and C.C.F.'s Letter No. 1148 dated the 9th February, 1961).| Designation of officers | Sanctioned scale |
| Chief Conservator of Forests, | 4 camp folding (office or dining) chairs. |
| Deputy Chief Conservator of Forests and Conservator ofForests. | 1 camp folding long chair. |
| 2 camp folding (dining) tables, | |
| 1 camp folding (office) table. | |
| 1 camp folding teapoy. | |
| 1 bath tub. | |
| 1 camp commode with pan. | |
| 2 chamberpots. | |
| 1 camp folding wash hand table with basin | |
| All Dy. Conservator of Forests.Working Plans Officers andAssistant Working Plans Officers | 3 camp folding (office or dining) chairs. |
| 1 camp folding long chair. | |
| 1 camp folding (dining) table. | |
| 1 camp folding (office) table, | |
| 1 camp folding teapoy. | |
| 1 bath tub. | |
| 1 camp commode with pan. | |
| 2 chamber pots, | |
| 1 camp folding wash hand table with basin. | |
| Assistant Conservator of Forests and Extra. AssistantConservator of Forest attached to Divisions. | 3 camp folding (office or dining) chairs. |
| 1 camp folding long chair | |
| 1 camp folding (dining) table. | |
| 1 camp folding (office) table. | |
| 1 camp folding teapoy. | |
| 1 bath tub. | |
| 1 camp commode with pan. | |
| 2 chamber pots. | |
| 1 camp folding wash hand table with basin. | |
| 1 camp folding (office or dining) chairs. | |
| 1 camp folding (office or dining) table. | |
| 1 camp folding teapoy. | |
| 1 bath tub. | |
| 1 camp commode with pan. | |
| Camp Clerks, Surveyors and Draftsman. | 2 chamber pots. |
| 1 camp folding wash hand table with basin. | |
| Forest Rangers and officer-in-charge of Ranges. | 2 camp folding office chairs |
| 1 camp folding office table. | |
| 1 camp folding (office) chair. | |
| 1 camp folding (office) table. |
| Circle number of the tent. | Type and design of tent | Size | Year of purchase | Condition |
101. Scale of furniture in the residences of Forest Officers.
- The following is the sanctioned scale according to which furniture may be supplied to officers of the Forest Department free of rent, for doing office work in their residence (Government letter No. 1104. R, dated the 3rd February 1931 and Chief Conservator's No. 1148 dated 9th February 1961 to the Government).| Designation of officers | Sanctioned scale |
| Chief Conservator of Forests. | 1 Secretariat table. |
| Dy, Chief Conservator of Forests. | 2 Writing tables. |
| 2 What-not. | |
| 1 Book-shelf. | |
| 1 Chair: revolving. | |
| 1 Chair: easy. | |
| 12 Chairs ordinary. | |
| 1 Teapoy. | |
| 1 Stool. | |
| 1 Almirah. | |
| 1 Waste paper basket. | |
| 1 Stationery Cabinet. | |
| 1 Small Durree. | |
| 1 Iron safe. | |
| 1 Petromax. | |
| Conservator of Forests. | 1 Writing table. |
| 2 What-not. | |
| 3 Chairs. | |
| 1 Book-shelf. | |
| 1 Teapoy. | |
| 1 Almirah. | |
| 1 Waste paper basket. | |
| 1 Small Durree. | |
| Divisional Forest officer (Territorial andnon-territorial). | 1 Writing table. |
| 1 What-not. | |
| 3 Chairs. | |
| 1 Teapoy. | |
| 1 Waste paper basket. |
102. Rules for occupation of Forest Rest Houses (Forest inspection Bungalows).
- The Rules for the occupation of Forest Department Inspection Bungalows in Bihar & Orissa are as under:-1. These Rules shall apply to all Forest Department Inspection Bungalows with the exception of those for which special rules may be prescribed.
2. Forest Department Inspection Bungalows are intended primarily for the accommodation of the Gazetted Officers of the Forest Department on tour, and such officers have the prior right to occupy them. The nature of a Forest Officer's duties frequently entails a lengthy stay in a locality and the period during which such officers may occupy a bungalow, free of rent, is not limited, except by order of the Conservator of Forests.
3. Subordinates of the Forest Department may not make use of a Forest Department bungalow without the written sanction of the Divisional Forest Officer.
4. An Officer of the Forest Department may temporarily occupy any of the bungalows as a residence, if such a course is considered by the Conservator to be absolutely necessary for the proper performance of his duties. But an officer so occupying a bungalow, containing more than one main room shall vacate one room required by another officer of the Forest Department on duty.
5. (i) A Forest Department bungalow may be occupied by Gazetted Officers of Government, other than Forest Officers, when travelling on duty, without payment of rent, provided as follows: -
6. Divisional Forest Officers are authorised to sanction the occupation of Forest Department Inspection Bungalows, under the rules applicable to other Gazetted Officers, by non gazetted officers other than of the Forest Department, travelling on duty temporarily for a specified time, and by name in each case.
7. Gazetted Officers, other than Forest Officers, not travelling on duty and non-officials may temporarily occupy a Forest Department Bungalow only with the written permission of the Divisional Forest Officer who will fix the period of such occupation, subject to the conditions laid down in Rule 5.They will be liable for rent at the rates specified in Rule 9.
8. Divisional Forest Officers are competent to reserve accommodation for intending occupants, in cases where accommodation has not been previously reserved under written order of the Divisional Forest Officer in whose charge the bungalow is. The senior of the two Officers of other Departments, travelling on duty, is allowed preference. It is, however, contemplated that preference will ordinarily be exercised with caution and that in any case it will not be exercised between sunset and sunrise.
Touring officers are advised to ascertain from the Divisional Forest Officer incharge of the bungalow whether accommodation will be available at the time desired.9. The following rates of rent will be charged:-
10. Officers or others who may occupy forest bungalows are required to keep and leave them clean. If they have no servants of their own or cannot themselves arrange for doing this, they will pay the Chaukidar of the bungalow paise 25 for each day or a portion of a day in addition to the usual fees, and the latter will arrange to keep the bungalow clean and be responsible that it is kept clean.
11. All persons occupying forest bungalows must make their own arrangements for obtaining water, fuel and supplies. The bungalow Chaukidar is not to be employed for the purpose.
12. A list showing the valuation of each article of furniture, crockery, glass etc. shall be hung up in the bungalow. The price of any article lost or broken and the cost of repairing any article damaged by an occupant or his servants should be raid to the Chaukidar and the fact recorded in the visitor's book.
13. No person suffering from any infectious or contagious disease may occupy any Forest Department Inspection Bungalow.
103. Recess (B. & O. Government Letter No. 355 R.T. IIIF-186, dated the 23rd June, 1921).
- The Conservator may, in the interest of the public service, summon or permit to come to his headquarters for not more than two months in the period 1st June to 31st October, any officer of the Indian Forest Service or any officer of the Bihar Forest Service subject to the following conditions:-104. Visit of Forest Officers to Forest Research Institute
, (Circular No. 13F-190-1, dated 3rd July, 1912, from the Government of India.). - I am directed to invite a reference to paragraphs 1 (b) and 3 of this Department's Circular no. 7-190-24-F., dated the 24th April 1911, dealing with Resolution no. XIII passed by the Board of Forestry in March 1910, in which it was recommended that selected forest officers should be allowed to visit Dehra for the study of any particular subject in which they desire to carry out research work. It will be seen that the matter was left over for further consideration. Two years have now elapsed since the Board of Forestry made their recommendation, and during this time the work at the Forest Research Institute has made great progress. The Government of India consider it is of great importance that all Gazetted Forest Officers should be in touch with the Research Institute and keep themselves acquainted with the work and investigations which are in progress there, and, though deputations for special duty have not yet been arranged for, they will be glad to see all promising officers encouraged to pay short visits to Dehra of, say, ten days or a fortnight, during which time they would be able to inspect the Museums, the Chemical Laboratory, and the Herbarium. They would thus gain a general knowledge of the investigations which have been and are being undertaken-and of the widespread effects that these may be expected to have on the silvicultural treatment of the forests and on the development of forestry in general.2. Should it be considered desirable that an officer should pay a more extended visit to Dehra for some particular purpose or with some special object, e.g., to consult the herbarium in connection with the preparation of a local 'Flora' it will be open to local Governments to allow him to do so and the President, Forest Research Institute, will endeavour to give him every facility for prosecuting his inquires. During such period of deputation officers would receive their full pay and allowances, and may be allowed travelling allowance to and from Dehra Dun, but no daily allowance during halt there. The most convenient time for such visits would be during the monsoon-duly to October-and I am to suggest that with the permission of His Honour the Lieutenant-Governor, any Forest Officer who wishes to do so, and who it is considered would profit by such visits, may after consultation with the President, Forest Research Institute and College, be allowed to visit Dehra on duty for the purpose set forth above.
105. Hire of Government Elephants.
- When Government elephants are used by an Officer for the carriage of articles for which, if they were carried on a cart, he would have to pay the hire of that cart, a charge of Rs. 2 per diem shall be made for each elephant so used; but as for instance, where an elephant carries personal luggage as well as articles, the property of Government, Re. 1 per diem shall be charged for each elephant. When an Officer goes out on inspection or other such duty in tracts where it is impossible for him to travel except on an elephant, no charge at all need be made for that elephant.106. Recovery of costs of Management of private Forests
, (B. & O. Government Letter No. 876-IIIF-116-R.R., dated 15.9.1930). - The following orders of Government are issued with regard to the recovery of costs of Management of private Forests under Section 38(1) of the Indian Forest Act, 1927.1. Where Government undertake preliminary investigation of the Forests without stipulating for payment, the position will not be altered by the fact that the inquiry did not result in any reservation of forests either because the proposals were unwelcome to the proprietor or because the Forest Officer reported the forests to be unsuitable.
2. The question whether land-owners who ask the Forest Department to inspect or advise about their forests should be asked to pay for these services should in each case be considered on its own merits. While Government realize that the circumstances of small land-holders who would feel the expense, but who are anxious to do the best for their forests, may require that Government should give these services free of charge, they do not see any reason why the provincial exchequer should pay for expert advise tendered to wealthy land-holders who are quite capable, and probably willing to pay for the services of an expert. The Commissioner of the Division concerned should therefore be consulted in the first instance whether the expert advice should be paid for, or given free in any particular case, and the case should then be submitted to Government for orders.
3. With regard to the question whether any and, if so, what recoveries should be made from the owners of private estate forests for the services of a Forest Officer required for a short period to carry out, initiate or demonstrate some technical work, such as surveying, marking, etc., in forests under the management of a Court of Wards or otherwise, the decision of Government is that in all such cases (whether any addition is made to the regular establishment or not) the pay and allowances of the officers deputed for such works, together with contributions for their leave-salary, pension and passage should be recovered in full. The rate of recovery will be those prescribed in the Government of India, Finance Department, Letter No. F.L.XI-RI/29, dated the 4th September, 1929, in the case of the officers who are governed by the Fundamental Rules, and in the Bihar and Orissa Service Code Rule 368 read with Rule 359 and Appendix 19 in the case of those governed by the Service Code.
When such recoveries are made, the portion representing pay and allowances should be taken as reduction of expenditure under exception (I) to Rule 3 of Appendix 10A to the Audit Code, Volume II, and that representing leave and pension contributions should be credited as revenue under VIII-Forests and XXXIII-Receipts in aid of superannuation under the said rule 3 and foot note (80) in Appendix 7 to the Audit Code as amended by Correction Slip No. 130, dated the 2nd February, 1930.107. Medical Attendance.
- [Government Notification No. 2255-M.R., dated the 12th October, 1920 as amended by Notifications No. 967-L.S.-G., dated the 20th January 1923, No. 2385-L. S.-G.R, dated the 26th July 1923, No. 5504-L. S.-G., dated the 6th June 1924, No. 5787-L., S.-G., dated the 1st June 1928, No. 7144-L. S.-G., dated the 31st July, 1928 and No. 3404-L. S-G, dated the 11th March, 1929]. The following Rules are prescribed for the grant of free medical attendance and supply of medicine in Bihar and Orissa.1. Every Government servant is entitled to receive for himself free medical attendance, and such medicines as are available in the hospital or dispensary at which he is being treated under every circumstance, whether at his own or at another station, whether passing through his own or another district, and whether on duty or on leave.
Note 1. - Every person employed under the Court of Wards, who is appointed by Government but is paid from the funds of the Wards Estate, shall be entitled to receive free medical attendance and medicines in those cases only in which the service counts for pension under the Civil Service Regulations. Road Cess Officers are also entitled to gratuitous medical attendance and medicines.Note 2. - A Government servant on foreign service, who has no Medical Officer provided by his foreign employer, is entitled, in accordance with his status, to the services of the Government Medical Officer of the station in or near which he is employed. A Government Officer of Gazetted rank employed on foreign service who is not provided by his employer with a medical attendant of Gazetted rank, shall be entitled to the same concession.2. The privilege of free medical attendance shall ordinarily include the free supply of medicine.
3. Every Civil Officer of Government is entitled to receive the personal attendance of a Medical Officer in accordance with the following classification: -
| Class. | Entitled person. | Appointed Medical Officer. |
| 1 | 2 | 3 |
| A. | Officers of Government whose monthly salary, as defined inthe Civil Service Regulations, is not less than Rs. 300 whethertheir appointments are gazetted or not. | Civil Surgeon. |
| B. | Officers of Government whose monthly salary is less than Rs.300. | Assistant Surgeon or failing an officer of this rank,Sub-Assistant Surgeon. |
4. On the grounds of humanity, and irrespective of strict right to his services, every Medical Officer shall attend without delay to a sick call in any case of emergency and, after having given such aid or advice as the circumstances demand, may transfer the further treatment of the case to the proper medical attendant.
5. In the case of a Government servant entitled to free medical attendance who is seriously ill, the local Medical Officer in attendance is permitted to obtain the aid of another Medical Officer in consultation by moving the Inspector-General of Civil Hospitals to depute another Medical Officer for the purpose. In deputing a Medical Officer the Inspector-General of Civil Hospitals shall pay due regard alike to considerations of propinquity and to the interests of the patient.
Note. - In a case of real or special urgency, a Medical Officer may, however, call in another Medical Officer, in anticipation of orders from the Inspector-General of Civil Hospitals, to whom the action taken should be reported without delay.6. At places where a Government Medical Officer has not been specially appointed for attendance on Government servants residing in a particular area, the Assistant or Sub-Assistant Surgeon in charge of the nearest sadr, subdivisional or mufassal hospital or dispensary is liable to attend gratuitously on such Government servants as are entitled to free Medical Attendance from a Medical Officer of his status. No fee should be demanded by such Assistant or Sub-Assistant Surgeon in any circumstances from any Government servant entitled to his attendance.
7. If a Government servant knowingly calls in a Medical Officer other than the appointed Medical Officer, it will be considered a private arrangement and the former may claim the usual fees.
8. If an officer at the headquarters of district entitled to the service of the Civil Surgeon calls in, with the cognizance of the Civil Surgeon, the Assistant Surgeon, he shall be liable to pay the latter a fee only if he was warned at the outset of this liability.
9. No scale of fees has been prescribed for medical attendance on the families of Government servants. To prevent any subsequent misunderstanding, a definite arrangement should be made in such cases on the first occasion that the medical officer is called in. In the absence of a special agreement or contract on the basis of a yearly payment, it will be fair to assume that the Medical Officer's professional services are to be remunerated by the visit.
10. Every patient attending at a charitable hospital or dispensary is entitled to receive advice and medicines free of charge.
108. Pasteur Institute.
- The following Rules are prescribed regarding the grant of concessions to Government servants and indigent persons in Bihar proceedings to the Pasteur Institute at Patna for treatment. (Government Order No. 8708 L.S.G. dated 22nd July 1929 and No. 10200-L.S.G. dated the 11th October 1930.)Government Servants1. Any Government servant who has been bitten by a rabid animal may be granted special casual leave not exceeding one month to enable him to proceed to the Pasteur Institute at Patna provided that his absence does not necessitate the appointment of a substitute.
2. The additional concessions noted below may be granted for the same purpose to Government servants who have been bitten by a rabid animal and whose substantive pay does not exceed the' several limits specified: -
3. The concession of the foregoing Rule may be allowed to the Government servants without a lien on permanent post who are officiating in a permanent or temporary post provided that their tenure of the appointment is expected to last for a period sufficient to enable the necessary recoveries to be made.
4. All officers of the Civil Veterinary Department of whatever class are treated as on duty for the purpose of pay, travelling allowance, leave and pension for the period covered by their journeys to and from the Institute and their residence there for treatment, subject to the proviso that this concession is admissible only to an Officer who comes into contact with a rabid or suspected animal, while actually discharging his official duty. But they are not eligible for Concession C.
5. Families of Government servants. - Any Government servant whose substantive pay does not exceed Rs. 500 a month may, if a member of his family is bitten by a rabid animal and he has difficulty in finding at once the means of sending him or her to the Pasteur Institute at Patna, be given an advance of one month's substantive pay as in Concession B and of the travelling expenses to the institute and back of the person bitten as in Concession C. If his substantive pay does not exceed Rs. 100 a month an advance of travelling expenses for an attendant or attendants where necessary may also be given at the rate sanctioned for the patient subject to the same conditions of recovery as for concessions B and C. If his substantive pay does not' exceed Rs. 50 a month or if in the opinion of the Commissioner of the Division or the Head of the Department special circumstances exist which warrant the grant of an extended concession to a person drawing a substantive pay of not more than Rs. 100 a month the recovery of the amount advanced as travelling expenses may be waived in full or in part.
6. Person unconnected with the public service. - Any indigent person unconnected with the public service who in the opinion of any officer authorised to grant the concession is unable to proceed to the Pasteur Institute at his own expense may be granted travelling expenses on the following scale:-
7. The Superintendent of the Pasteur Institute may make payments to indigent person who come to the institute at their own expense but are unable to maintain themselves there or to pay for their return journey. Such payments will be calculated on the scale prescribed in Rule 6(a) and (b) above and will be charged to the Government of Bihar, the expenditure being debited to the head "47 Miscellaneous charges-Miscellaneous charges for the treatment of patients at the Pasteur Institute".
8. Power to grant concessions. - The following Officers and all Officers of superior rank to them in their respective departments and officers are empowered to grant the concessions referred to in the preceding rules except the daily allowance and return journey charges which will be paid by the Superintendent of the Institute and will be charged to the Government of Bihar as indicated in Rule 7 and to authorise the immediate departure for Patna of any Government servant or indigent person unconnected with the public service :-
| Department | Designation of officer. | Empowered to grant concession in respect of | Remarks |
| 1 | 2 | 3 | 4 |
| 5. Forest Department | Forest Officers in charge of Division. | Own subordinates only | |
| 10. Heads of Departments | All Gazetted Officers, | Own subordinates only |
9. The patient will be required to bring back with him a certificate from the Superintendent of the Pasteur Institute and produce it before the officer under whose orders he was sent for treatment.
10. Vaccine for anti-rabic treatment may be supplied on requisition from the Civil Surgeon of the district for residents outside the Pasteur Institute at Patna and its centre at Cuttack on payment. A standard charge of Rs. 10 will be made for sufficient vaccine for each case.
11. All rabies patients from Bihar should be sent for treatment to the Patna where is a centre for such treatment. The above rules regarding concessions to Government servants and indigent persons for treatment in the Pasteur Institute at Patna apply mutalis mutandis to Patna".
109. Travelling Allowance to candidates for an appointment
, (Government Letter No. 496-538 F.R., dated 8.6.1928). - (i) No travelling allowance is allowed for interview with Selection Boards appointed to select recruits for the regular services.| (1) | When a Government servant appears for an interview before aselecting authority to whom the application of the Governmentservant has been forwarded after a definite act of selection inhis department as required under any Rule or specific orders. | Travelling allowance admissible, Railway:- Actual railway fareof the class admissible to Government servants of the grade, butlimited to the return fare when return tickets are available. |
| Road:-When the journey or part of the journey has necessarilyto be performed by road, actual cost limited to the normal roadmileage admissible to Government servants of that grade. | ||
| (2) | When a Government servant applies for another post and hisname is sent up as a matter of course by his superior officer whois not called upon to exercise any act of selection beforesending the application. | No travelling allowance will be admissible. |