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Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977
Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977
Sections
1. Title and application of the rules.
Section 12. Definitions.
Section 23. Mode of sale.
Section 34. Notice for tender.
Section 46. Earnest money.
Section 67. Tender and its enclosures.
Section 78. Procedure for dealing with tenders.
Section 89. Appeal and review.
Section 910. No obligation to accept the highest or any tender.
Section 1011. Preference and concession in settlement with tenders belonging to Scheduled Castes, Scheduled Tribes, or other Backward Classes.
Section 1112. No joint settlement.
Section 1213. Non-acceptance of tender of a defaulter.
Section 1314. Security deposit.
Section 1415. Instalments.
Section 1516. Agreement.
Section 1617. Cancellation and resale for failure to pay security and instalments and to execute agreement.
Section 1718. Mode of realisation of arrears of sale value.
Section 1819. Power of attorney.
Section 1920. Right of withdrawal of any coupe or mahal from sale.
Section 2021. Term of the Mahal.
Section 2123. Manner of publication of proclamation.
Section 2324. Manner of conducting the sale.
Section 2426. Mode of payment of bid value.
Section 2628. Savings.
Section 28
assam-sale-of-forest-produce-coupes-and-mahals-rules-1977-1977.json
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24 Sections
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Assam
{
"id": 15089,
"slug": "assam-sale-of-forest-produce-coupes-and-mahals-rules-1977-1977",
"title": "Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977",
"short_title": "Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977",
"act_number": "Published vide Notification No. FRS 586/77, dated ",
"act_year": 1977,
"act_type": "STATE",
"location": "Assam",
"law_status": "unknown",
"enactment_date": null,
"description": "Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Title and application of the rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Governor\" means the Governor of Assam;\n(b) \"Government\" means the Government of Assam ;\n(c) \"Conservator\" means the Conservator of Forests and includes Chief Conservator of Forests also ;\n(d) \"Divisional Forest Officer\" means the Divisional Forest Officer of a territorial or non-territorial Forest Division ;\n(e) \"Contractor\" means the contractor registered as such under the Forest Department:\n(f) \"Mahaldar\" means the Mahaldar registered as such under the Forest Department or in the office of the Chief Conservator of Forest or in any of the circle offices or division offices;\n(g) \"Coupe\" means a compact area wherein a number of trees are premarked for sale;\n(h) \"Mahal\" means a well defined area wherefrom certain types of forest produce are sold ;\n(i) \"Lot\" means a collection of forest produce meant for disposal;\n(j) \"Forest produce\" means \"forest produce\" as defined under Section 4 (a) and (b) of the Assam Forest Regulations 7 of 1891.",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Mode of sale.",
"chapter": null,
"content": "(1) By inviting tender ;\n(2) By public auction :\nPart I\nSale by Tender System",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Notice for tender.",
"chapter": null,
"content": "5.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "6",
"title": "6. Earnest money.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "7",
"title": "7. Tender and its enclosures.",
"chapter": null,
"content": "\"I agree that I will not withdraw the tender offered by me during the time that will be required for intimation of acceptance of the tender for coupe/mahal being given to me ; nor will I withdraw it afterwards, should my tender be accepted. If I withdraw the tender, then I am liable to the whole sum of the tender or such amount on account of deficiency as in the opinion of the Conservator of Forests, or the Government of Assam, as the case may be, considered necessary to make good the whole of the loss and damages that may be suffered by Government in consequence thereof, and I shall pay the same, and if I fail to pay it, then it will be recovered from me as arrear of land revenue.\"\n(i) A copy of the treasury challan or a bank draft evidencing deposit of earnest money as stipulated in the sale notice ;\n(ii) Up-to-date income tax and sales tax clearance certificate ;\n(iii) Original or certified copy of the registration certificate of the tenderer issued by the appropriate authority of the Forest Department;\n(iv) If a tender is submitted on behalf of a Cooperative Society, or a partnership firm or a joint stock company, then in addition to the requirement of (i), (ii) and (iii) above the copy of the resolution authorising the person who signs the tender or manager the business of such society, firm or company on its behalf, and undertake the liabilities as a tenderer on behalf of the society, firm and company. In case of co-operative society a certificate from local Co-operative Officer (not below the rank of Assistant Registrar of Co- operative Societies) about the composition of society and its genuineness and financial condition. In case of a firm also a certified copy of the registration certificate granted by the Registrar of Firms under the Indian Partnerships Act and authorisation to one of the partners to act shall have to be furnished.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "8",
"title": "8. Procedure for dealing with tenders.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "9",
"title": "9. Appeal and review.",
"chapter": null,
"content": "(a) against the order of acceptance of tender by the Divisional Forest Officer-to the conservator whose order in appeal shall be final;\n(b) against the order of acceptance of tender by the Conservator of Forests and the C.C.F. - to the Governor, whose order in appeal shall be final.\n(c) a petition shall lie with the Governor for review of his original order within 15 days from the date of communication of the order of acceptance of tender as provided under Rule 8 (4) but no petition for review of appellate order of Governor shall lie;\n(d) all review petitions against the order of settlement shall lie before Government within 30 days of settlement order of C.F. and C.C.F. as the case may be.\n(b) The Divisional Forest Officer on receipt of the copy of the appeal or review' petition shall immediately stay the order issued under Rule 8 (4) and forward the appeal or review petition alongwith the original tenders and other connected documents to the Conservator who shall dispose of the appeal which lies with him under sub- clause (l)(a) above and forward the appeal and/or review petition to the Government if the same lies with the Governor under sub-Clause (1) (b) and (c) above.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "10",
"title": "10. No obligation to accept the highest or any tender.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "11",
"title": "11. Preference and concession in settlement with tenders belonging to Scheduled Castes, Scheduled Tribes, or other Backward Classes.",
"chapter": null,
"content": "(a) If the offer from a member of the above mentioned categories of persons is not below 92-½ per cent of the recognised highest offer, the coupe or the mahal shall be settled with such person at his own offer;\n(b) Even if the offer from a member of the afore- mentioned categories of persons is below 92-½ per cent of the recognished highest offer, the coupe or the mahal may at the discretion of the competent authority be settled with such person at an amount 7-½ per cent less than the recognished highest offer.\n(a) If the offer from the above mentioned co-operative society is not below 90 per cent of the recognised highest offer, the coupe or the mahal shall be settled with such co-operative society at its own offer ;\n(b) Even if the offer from the co-operative society is below 90 per cent of the recognised highest offer, the coupe or the mahal may, at the discretion of the competent authority, be settled with such co-operative society at an amount 10 per cent less than the recognised highest offer;\n(c) As between individual members of the categories mentioned in sub-rule (1) above and a co-operative society mentioned in this sub-rule, the co-operative society shall be given preference over the individuals.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "12. No joint settlement.",
"chapter": null,
"content": "(b) Deconcentration of opportunities. - No person shall be settled with more than five coupes/mahals at any time. If any person is found to get settlement of more than five coupes/mahals at any given time he shall have to surrender all the excess coupes/mahals retaining only five coupes and mahals to his choice. The surrendered coupes/mahals shall be immediately resold at such person's risk.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "13",
"title": "13. Non-acceptance of tender of a defaulter.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "14",
"title": "14. Security deposit.",
"chapter": null,
"content": "(ii) 5 per cent on the amount in excess of the first Rs. 2,000 subject to a minimum of Rs. 200.\n(iii) In case of a tender belonging to any of the Scheduled Castes/Scheduled Tribes or other Backward Classes, the amount of security deposit mentioned in sub-rule (2) (i) above shall be reduced by 50 per cent.\n(iv) If the whole amount of fixed deposit is adjusted against the security of a particular coupe or mahal and if the security exceeds the fixed deposit, the amount fell short of and the amount of fixed deposit shall have to be deposited before communication of the final order of acceptance of tender.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "15. Instalments.",
"chapter": null,
"content": "(1) Where the mahal or coupe period is for one year, in four equal instalments at an interval of not more than 3 months each, the first instalment falling within 15 days from the date of issue of order of final acceptance of the tender.\n(2) Where the mahal or coupe period is for less than one year, in two equal instalments the first instalment falling due on the same period as mentioned in sub-rule (1) above and the third instalment not less than one month before the expiry of the mahal or coupe period.\n(3) Where the mahal or coupe period is for more than one year, the total amount payable for each year shall be paid in four equal instalments at an interval of not more than 3 months each, the first instalment of the first year falling due within the period as mentioned in sub-rule (1) above and the first instalment in succeeding year falling due at the beginning of each year.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "16",
"title": "16. Agreement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "17",
"title": "17. Cancellation and resale for failure to pay security and instalments and to execute agreement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. Mode of realisation of arrears of sale value.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "19",
"title": "19. Power of attorney.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "20",
"title": "20. Right of withdrawal of any coupe or mahal from sale.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "21",
"title": "21. Term of the Mahal.",
"chapter": null,
"content": "Part II\nSale by Auction System\n22.\n(a) the name of the coupe or mahal or lot of any other forest produce ;\n(b) the particulars necessary for its identification ;\n(c) the period for which it is proposed to be sold ;\n(d) the date and place of auction ;\n(c) the officer who will hold the auction.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "23",
"title": "23. Manner of publication of proclamation.",
"chapter": null,
"content": "(i) the Conservator, the Divisional Forest Officer and the Range Officer ;\n(ii) the Deputy Commissioner, the Sub-Divisional Officer and the Sub-Deputy Collector; and\n(iii) the Mohkuma Parishad within whose local limits the coupe or the mahal is situate.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "24",
"title": "24. Manner of conducting the sale.",
"chapter": null,
"content": "25.",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "26",
"title": "26. Mode of payment of bid value.",
"chapter": null,
"content": "27.",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "28",
"title": "28. Savings.",
"chapter": null,
"content": "(ii) Any act done or purported to have been done prior to the introduction of these rules of 1977 or any action taken or purported to have been taken under the Settlement Rules, 1967 shall have been done under the New Rules, 1977.\n(iii) No State Government or State Government Officers or Forest Officers shall be responsible for loss or damage unless he shall have caused the same maliciously or fraudulently prior to the enforcement of these rules or thereafter under these rules.",
"footnote": "",
"is_definition": false,
"sort_order": 23
}
],
"metadata": {
"Act ID": "Last Updated 12th February, 2020 [ass262]",
"Act Number": "Published vide Notification No. FRS 586/77, dated 16-17-1977, published in the Assam Gazette, Part 2A, dated 5-4-1978",
"Enactment Date": "",
"Act Year": "1977",
"Short Title": "Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:55:19"
}