Section 21 in Rules Having The Force of Law and Executive orders Relating to Forests
21. Royalty on timber. - The following provisions shall apply to cases of all leases for ordinary cultivation :
(a)No royalty shall be payable on any forest produce except timber sold, bartered, mortgaged, given or otherwise transferred or removed for transfer. The timber sold, bartered, mortgaged, given or otherwise transferred or removed for transfer shall be liable to the full royalty under the rules relating to unclassed State forests.(b)Before a lease is granted the applicant may (and shall if, for special reasons to be recorded, the Deputy Commissioner so require) clear his liability for royalty upon all timber afterwards sold, bartered, mortgaged, given or otherwise transferred or remove for transfer by the pre-payment of a sum representing the full royalty on all trees which are likely to be sold, bartered, mortgaged, given or otherwise transferred or removed for transfer. The sum to be so paid shall be estimated by the Deputy Commissioner either on the basis of rate per bigha, or in such other manner as may be fair as equitable. The estimate of the Deputy Commissioner shall be final. The pre-payment shall be made either in one instalment or in such series of instalments as the Deputy Commissioner may, by general or special order, determined.(c)At any time during the pendency of a lease the lessee may in the manner set forth in Clause (b) clear his liability in respect of all trees still standing on the land.(d)Notwithstanding anything contained in the preceding clauses, trees which were planted, or began to grow, on the land during the pendency of a lease shall be exempted from all payments of royalty even if sold, bartered, mortgaged given or otherwise transferred or removed for transfer. When land has been settled continuously for twenty years, all trees standing thereon shall be presumed to have been planted, to have begun to grow, during the pendency of the lease.(e)If no trees other than trees exempted under Clause (d) are standing upon the land of a lessee, he may at any time apply to the Deputy Commissioner for an endorsement to this effect upon his lease, and the Deputy Commissioner, after ascertaining that allegation is correct, shall make such endorsement free of charge.(f)Subject to the payment of such royalty, if any, as is due under Clauses (a), (b) or (c) of this rule, the holder of a periodic or annual patta shall be entitled to cut down or sell any tree standing on the land covered by his lease; provided that the holder of an annual patta shall not be entitled to cut down or lop branches from trees of such classes and within such areas as may be notified in this behalf by the State Government.Note 1. The words "notified in this behalf by the State Government" in Rule 21 (f) refer only to notifications issued from time to time under this rule and not to other notifications issued by the State Government.Note 2. Leases for land settled with persons carrying on special cultivation for allotment to the labour force under their control for ordinary cultivation shall, for the purpose of timber valuation, be governed by Rules 37 to 39.
