{ "id": 13828, "slug": "rules-having-the-force-of-law-and-executive-orders-relating-to-forests", "title": "Rules Having The Force of Law and Executive orders Relating to Forests", "short_title": "Rules Having The Force of Law and Executive orders Relating to Forests", "act_number": "", "act_year": 0, "act_type": "STATE", "location": "Assam", "law_status": "unknown", "enactment_date": null, "description": "Rules Having The Force of Law and Executive orders Relating to Forests", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Relation of Forest Officers to District Officers.", "chapter": null, "content": "(ii) For the present, Forest Officers will be as follows :\n(iii) All orders will be conveyed from and references made to the Conservator of forests on the following principles :\n(a) all correspondence on subjects mentioned in the annexed schedule shall be carried on direct between the Conservator and the Divisional Forest Officer, and vice versa ;\n(b) all correspondence on subjects not mentioned in the annexed schedule shall pass under docket addressed from the conservator through the district officer to the Divisional Forest Officer, and vice versa .\n(iv) Ordinarily, the Deputy Commissioner, in the case of correspondence forwarded through him, will after perusal, simply record his signature under the word \"forwarded\" in the flying docket. He may, however, when he deems it necessary, record his remarks on any communication addressed to the Conservator by his departmental subordinates; and he may return to the Conservator for reconsideration any communication addressed by the latter to the Forest Divisional Officer, communicating instructions or orders, recording the grounds on which he solicits such reconsideration.\n(v) In the event of the Deputy Commissioner and the Conservator differing on any matter in connection with correspondence passing through the Deputy Commissioner's office, should the difference not be removed by mutual references, the point, which the correspondence out of which it arose, should be submitted to the Commissioner. Should the Conservator in any case be dissatisfied with the Commissioner's decision, he may refer the case to the State Government.\n(vi) Proposals of importance for the formation of new forests or affecting the use of forests and waste lands by the surrounding population shall be addressed by the Conservator, after he has consulted the district officers, to the Commissioner, for submission to Government.\n(vii) The Conservator is to be the controlling authority in all matters of patronage on the subordinate branches, and in all mattes of departmental discipline.\n(viii) The responsibility of the Conservator will remain unimpaired. He should be kept regularly informed of all orders on forest matters within his circle by Deputy Commissioners, Commissioners and the Government; he should be made acquainted with ail correspondence which passes between Deputy Commissioners and Forest Officers, and as a rule, consulted on all forest matters which come before Government.\nSchedule\n[ See Rule (ii) (a)]\nList of Subjects in Respect of Which Correspondence may be carried on Direct between Conservator and Divisional Forest Officer\nList of Subjects in Respect of Which Correspondence may be carried on Direct between Conservator and Divisional Forest Officer\nSubjects on which direct correspondence with Conservator takes place.\n(1) Divisional accounts and subjects relating to the expenditure and receipts of the division.\n(2) Subordinate forest depot and office establishments and subjects relating to the leave, pay, pensions, allowances, conduct, occupation, promotion, journeying, distribution, increase, decrease and transfers of the same.\n(3) Valuation surveys, sowings and plantings, felling, extraction, conveyance, custody, deposit and disposal of forest produce and sylvicultural operations of all kinds.\n(4) Departmental cattle (elephants, etc.), stores, tools and plant, office records, books and maps, stationery, printing exhibitions and specimens, statistics of all sorts, furniture, tents and camp equipage.\nChapter 2\nOrders Regarding Forest Settlement and Notification of Boundaries\n(1) Situation and area.\n(2) Boundaries.\n(3) Description of soil.\n(4) Description of forest.\n(5) Timber depots.\n(6) Timber markets.\n(7) Lines of export.\n(8) List of villages of private lands within the proposed area.\n(9) Right of surrounding population.\n(10) Maps.\n(11) Working plans.\nInstructions for Forest Settlement Officers is Assam.\n(i) The procedure to be observed in the constitution of reserved forests is prescribed in Chapter II of the Assam Forest Regulation, 7 of 1891. It is the duty of the Forest Settlement Officer to make himself thoroughly acquainted with the law contained in that Chapter. The following instructions are intended to indicate and draw attention to the leading points which concern a Forest Settlement Officer. They are not intended to relieve the Forest Settlement Officer in the duty of studying the Regulation itself.\n(ii) Sections 6 and 7. - After the publication of a notification under Section 5 of the Regulation, and the appointment of a Forest Settlement Officer, the first step to be taken by the Forest Settlement Officer is the publication of a proclamation specifying the situation and limits of the proposed forest setting forth the substance of Section 7 of the Regulation, which bars the accrual of forest rights in the proposed reserve from the date on which the proclamation is published, and prohibits building, the clearing of land cultivation and the cutting of timber within the specified area except under certain conditions ; explaining the effects of the reservation of the forest; and requiring persons claiming the right to cultivate by jhuming or any right in or over the proposed reserve to specify by a fixed date, either in writing or verbally, the nature of their right or claims, A period of at least three months from the date of the publication must be allowed for the presentation of claims. In order to facilitate the preparation and publication of the proclamation required by Section 6 skeleton Forms are sent to the Forest Settlement Officer. A copy of the form is appended to these Instructions. All that the Forest Settlement Officer has to do is to have the blanks in the forms filled in, to sign the proclamations, and to publish them. The proclamations should ordinarily be in Assamese or in Bengali, but if in any special case proclamations in any other language are required, they can be obtained on application to the Secretariat.\nSections 6 and 7.\n(iii) Section 7. - It should be noted that the issue of the proclamation under Section 6 does not prevent the exercise of rights already enjoyed and in existence at the time of issue of proclamation, except rights of building, clearing land for ordinary cultivation, or cutting timber for the purpose of trade or manufacture. The- rights thus excepted even though claimed be people living in or near the proposed reserve, must not be exercised except with the written permission of the Forest Settlement Officer. But any existing rights other than those specially excepted may be exercised without such permission. For dxample, a person living in or near the proposed reserve may not, without written permission from the Forest Settlement Officer, build a new house or clear land for ordinary cultivation in the area specified in the proclamation. But he may, if he has been in the habit of doing so, extract bamboos for domestic use and not for sale, and subject to local rules and practice, he may clear land for jhum cultivation, if he has been in the habit or practising such cultivation within the specified area. These examples do not exhaust the list of acts which may and may not be done after the issue of the proclamation. They are merely examples illustrating the law.", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "7", "title": "Section 7.", "chapter": null, "content": "(iv) Section 6. - The manner in which the proclamation is to be published is prescribed in Section 6. Copies of it should be posted in the court-houses, at the headquarters of each township in which any postion of the of proposed reserve is situated and in conspicuous places in every town or village or near the proposed reserve. Copies should also be sent for distribution to the headmen of the circles and villages in the neighbourhood. The Forest Settlement Officer should not merely publish the proclamation. He should personally explain its meaning to the local village officials and, if possible, to the villagers concerned. The action taken by the Forest Settlement Officers in the matter of publishing and explaining the proclamation should be recorded in his proceedings.", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "6", "title": "Section 6.", "chapter": null, "content": "(v) Section 8. - As soon as practicable after the issue of the proclamation prescribed in Section 6 of the Regulation, the Forest Settlement Officer should visit the proposed reserve. If a Forest Officer has been appointed under Section 5 to assist the Forest Settlement Officer, both officers should visit the reserve together. The following general instructions relating to the enquiry into rights and claims should be carefully followed. It should be clearly understood that the enquiry is to be made by the Forest Settlement Officer, and not by Forest Officer who may be appointed to assist him. The full responsibility for the enquiry and for the orders passed rests with the Forest Settlement Officer, and he alone should sign the records of evidence or statements which may be taken down and any order which may be passed or reports which may be submitted. The Forest Settlement Officer (with the Forest Officer, if any) should inspect inasmuch as possible of the proposed reserve and should afford the people likely to be affected by the proposed reservation full opportunity of putting forward their claims on the spot. He should remain for some time in or near the proposed reserve for this purpose.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "8", "title": "Section 8.", "chapter": null, "content": "(vi) The Forest Settlement Officer is bound by law to take down in writing any settlements of claims in respect of jhum cultivation, or to rights of other kinds made under Section 6, and to enquire into all such claims. It is essential that the record of the enquiry should be full and complete. Any evidence tendered in support of such claims should be recorded in the same manner as evidence is recorded in a civil proceeding, but witnesses should not be put on oath or the solemn affirmation. The Forest Officer (if any) should be allowed to question the witnesses, to produce any evidence bearing on any claim, and to state any objection he may wish to make. Any such objection must be recorded by the Forest Supplement Officer. The enquiry should not be confined to merely recording evidence produced by the claimants or by the Forest Officer. The Forest Settlement Officer should himself call for and examine any persons whom he thinks likely to have knowledge of the facts. Under Section 9 he has power to summon witnesses and to require the production of documents, besides the power to enter, by himself or any officer authorised by him for the purpose, upon any land and to survey, demarcate, and make a map of the same. It is his duty to ascertain the facts, and he is bound to enquire not only into claims put forward by the people, but also in the existence of any right or practice, though no formal claim may have been presented. In short, it is the business of the Forest Settlement Officer to ascertain by full and careful enquiry the actual state of things, the manner in which the reservation, if carried out, will affect the people in the neighbourhood, and the rights and privileges, if any, to which they are entitled. He has no power to confer by entry in the record any privileges which have never been enjoyed, merely because he thinks it expedient to grant them. But he is bound to express fully in reporting his operations, his opinion and advice as to any such privileges which he may think it advisable to confer in the interests of the people.\n(vii) The classes of claims with which the Forest Settlement Officer has to deal, and the manner in which they are to be dealt with, are described in Sections 10, 11,12, Band 14.\n(a) Claims relating to the practice of jhum cultivation-Section 10. - Any claim of this kind should, after enquiry, be dealt with as provided in Section 10. Special attention is directed to the requirements of this section which are somewhat complicated. It is for the Forest Settlement Officer to record a statement on consideration of the evidence, setting forth the particulars of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the Provincial Government, together with his opinion whether the practice should be permitted or prohibited wholly or in part. If he considers that the persons making the claim can, without inconvenience, find sufficient land within easy reach of their village outside the proposed reserve, the continued practice of jhum cultivation within it should not be recommended, except under conditions accepted by the Forest Officer. If it considered necessary to allow jhum cultivation in the proposed reserved the Forest Settlement Officer may deal with the matter in one or two ways. He may, with the previous sanction of the State Government, either alter the limits of the proposed reserve, so as to exclude from it land sufficient for the needs of the persons, claiming the right, or permit jhum cultivation in certain parts of the reserve, subject to such rules and conditions, as he may, with such previous sanction, prescribe. In fixing conditions and making rules under this section for the sanction of Government, the Forest Settlement Officer should take into consideration the views of Forest Settlement Officer, if any, who is assisting him. It should be borne in mind that an order cannot be passed permitting the practice of jhum cultivation in the whole of the proposed reserve, and that an order cannot be passed, permitting practice of jhum cultivation in any part of the reserve as finally constituted, except under conditions previously sanctioned by the Governor. Finally, any permission granted under this section by the State Government to practise jhum cultivation, is in all cases a privilege subject to control, restriction and abolition by the the State Government, and is not a right.\nClaims relating to the practice of jhum cultivation-Section 10.\n(b) Claims to rights of way-Section 12. - The Forest Settlement Officer must after enquiry pass an order specifying the particulars of any claim of this kind, and admitting or rejecting it wholly or in part. Claims of this class will seldom present any features of special difficulty.\n(b) Claims to rights of way-Section 12.\n(c) Claims to right to water-courses or to use of water-Section 12. - In this case, also an order must be passed specifying the particulars of the claim and admitting or rejecting it wholly or in part. The action to be taken in the case of claims of this class seldom involve any difficulty.\n(c) Claims to right to water-courses or to use of water-Section 12.\n(d) Claims to right of pasture-Sections 12 and 13. - As in order cases, and order must be passed specifying the particulars of each claim of this kind and admitting or rejecting it wholly or in part. Where a claim of this class is admitted, the provisions of Sections 13 and 14 must also be observed. The order may either provide for the exercise of the right by excluding sufficient land from proposed reserve or may continue the right of pasture within the reserve, or may commute the right by a money payment or, if the claimant agrees, by the grant of land or in such other manner as seems suitable. This is a case in which under Section 12 (2), position and area (which may be approximately stated) of the land over which the right is to be exercised, should be recorded. The area may be the whole or any part of the reserve. In continuing a right of pasture under this section, the Forest Officer must record a provision that the right is subject to such rules as the Governor may prescribe. Special attention is directed to Section 13 (2), by which it is laid down that an order passed continuing a right of pasture shall, as far as practicable, include a statement of the number and description of the cattle and the local limits within which, and the reason during which, they are permitted to graze. A right under this section may be admitted to a class of people (as people of a specified village) or to person specified by name. Any other particulars necessary to define the extent to which a right of this kind is continued, and the mode in which it may be exercised must also be recorded, as well as the extent, if any, to which the benefit of the right may be leased, sold or bartered.\n(d) Claims to right of pasture-Sections 12 and 13.\n(e) Claims to rights to forest produce-Section 12. - lire general rule that an order must be passed specifying the particulars of a claim of this kind and admitting or rejecting it in whole or in part, applies in this case as in other cases. The provisions of Section 13 also apply to claims of this class. As in the previous case, if the claim is admitted the order may exclude from the reserve sufficient land for the purpose of satisfying the claim. If this is not done, the right claimed must either be continued to the claimant, subject to any rules which the Governor may prescribe, or be commuted for a money payment, or, if the claimant agrees, by the grant of land, or in such other manner as seems suitable. Whether the claim is met by the exclusion of land from the proposed reserve, or by continuing the right within the reserve, or by commuting it under Section 14, it is necessary sold or that the order should state whether the forest produce referred to may be sold or bartered, or whether it is only for the use of the persons exercising the right. If the continuance of the right within tire reserve is permitted, the order must specify, as far as practicable, tire quantity of timber or other forest produce that may be taken. Any other particulars necessary to define the extent to which a right of this kind is continued, and the mode in which it may be exercised, must also be recorded, as well as the extent, if any, to which it may be sold or bartered. The exercise of a right to forest produce may be permitted in the whole or any part of the reserve, and the right may be admitted to a class of people, e.g., the people of a specified village or to persons by name.\n(e) Claims to rights to forest produce-Section 12.\n(f) Other claims not included in the above classes-Section 11. - Section 11 prescribes the method of dealing with claims not included in the preceding classes. In this case, as in other cases, the Forest Settlement Officer is required to pass an order specifying the particulars of each claim and admitting or rejecting it wholly or in part. In cases in which a claim of this class is admitted, the Forest Settlement Officer must either arrange with the claimant for surrender of the right or excluded the land in respect of which the right is claimed from the limits of the proposed reserve, or acquire the land under the Land Acquisition Act. It is not necessary to give a detailed description of the procedure under the Land acquisition Act as modified by this section. Recourse to this procedure will seldom be necessary.\n(f) Other claims not included in the above classes-Section 11.\n(g) It is frequently desirable to allow villagers to enjoy the use of paths, of pasturage, or minor forest produce and other easements to which they have been accustomed. Such grants should, however, only be shown as rights in those cases in which there are reasonable grounds for holding that such rights are legally estabilished. In all other cases they should be shown as concessions.\n(g)\n(viii) Section 20. - When any claim is preferred, the Forest Settlement Officer should consider under which of the above classes it falls, and should then proceed to investigate and pass orders on it in accordance with the above instructions. He should explain that any order issued by him is subject to the Governor's sanction, and this should be clearly stated in the order. A translation of every order passed on any claim should be furnished without delay to the person or persons affected by the order, to enable him to appeal if he wishes to do so. Attention is called to Section 16 of the Regulation which requires the Forest Settlement Officer to receive and forward to the appellate authority any petitions of appeal against his orders. Whenever an order on a claim is passed, the Forest Settlement Officer should infrom the person or persons concerned that they are at liberty to appeal within three months, and that they may lodge their appeals with him.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "20", "title": "Section 20.", "chapter": null, "content": "(ix) After completing the enquiry and passing orders on all claims presented to him the Forest Settlement Officer shall forward his proceedings to the Officer appointed to hear appeals from his orders. The proceedings shall include a copy of the notification issued under Section 5 and of the proclamation issued under Section 6, a record of the manner in which the proclamation was published, and of the steps taken to explain it, the record of all evidence taken in the course of the enquiry, of all orders passed by the Forest Settlement Officer, and of any objections made under Section 8 by the Forest Officer (if any) assisting in the enquiry, and a full report summarising the proceedings and containing the recommendations of the Forest Settlement Officer concerning the constitution of the proposed reserve, the manner in which claims have been disposed of, and the privilege, if any, which should, in the Forest Settlement Officer's opinion, be granted, whether any have been claimed or not. The Forest Officer (if any) assisting in the enquiry should see the draft of the report, and may record in writing any remarks he may wish to make and any such remarks should b e filed with and form part of the proceedings. The report should distinctly state whether the Forest Officer agrees or disagrees with the Forest Settlement Officer either generally or on any specified point, but it shall not be signed by the Forest Officer. A statement of the limits of the reserve as finally recommended, and statements in the prescribed forms of any rights claimed in respect of the proposed reserve, should be attached to the proceedings. The Forms A, B and C, in which the statements of claims should be recorded, are appended to these instructions.\n(x) (a) A map of area proposed to be reserved be prepared by the Forest Officer for the approval of the Forest Settlement Officer and should be signed by both officers when it is finally passed by them. The boundaries of the reserve originally proposed should be outlined with a dotted red line and the area finally recommended with a dotted green line. Other existing reserves in the neighbourhood should have their boundaries outlined with a continuous green line. Areas excluded from the proposed reserve but within its boundaries should be surrounded with a dotted green line and the areas in which jhum cultivation is permitted should be coloured with a green wash. Paths and roads over which rights of way are reserved for the public should be indicated by brown broken line. The map must contain, legibly written, the names of all rivers, villages, ridges, etc., without exception mentioned in the statement of boundaries, and as far as possible of all those mentioned in the proceedings of the Forest Settlement Officer.\n(b) The map should be prepared on the scale of 2 inches equal to 1 mile. Where there is too small a scale to illustrate the intricacies of certain portions of the boundary, these portions should be dealt with on a separate plan, or as an inset to the main plan.\n(c) Where Survey of Indian maps of scales not smaller than 1 inch equal to 1 mile exist, use should be made of these. The Forest Officer should ascertain from the Provincial Survey office whether maps on the one-inch scale, if any, exist of the area in which the imposed reserve falls, and where such maps exist the officer-in-charge of the Assam Traverse Party and Drawing Officer should be requested to supply paragraph enlargements to the 2-inch scale of the particular area with which it is required to deal. The Forest Officer should then supplement and correct these enlargements on the ground as may be found necessary for his purpose.\n(d) In order to attain uniformity in the spelling of names of and in reserved forest so that forest maps and notifications may, as far as possible agree, the following rules should be observed :", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "1", "title": "1. The spelling of proper names may be taken from the Survey of India Publications, were such are forthcoming. The orthography of these maps is reliable.", "chapter": null, "content": "In the case of reserved forests which have neither been mapped nor notified, Conservator of Forests concerned should send the draft notification Survey Superintendent concerned to obtain the correct spelling of names.", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "2", "title": "2. For reserved forests that above been notified but not mapped the Survey will enter the correct spelling in all their maps and will notify the Conservator concerned of corrections to names which appeared in the notification ; an amended notification will be issued if the errors are numerous and serious.", "chapter": null, "content": "(xi) When the appeals, if any, preferred against the Forest Settlement Officer's orders have been disposed of, and the statements of rights and privileges completed, if necessary, in accordance with the result of such appeals, the proceedings of the Forest Settlement Officer, with the proceedings, if any, held by the appellate authority, should be submitted for the Governor's orders by the Commissioner, if the forest is situated in the Assam Valley districts, otherwise by the Deputy Commissioner, through the Conservator of Forests.\nProclamation\nProclamation\n[Under Section 6 of Assam Forest Regulation 7 of 1891]\nNorth-\nEast-\nSouth-\nWest-\nthe privilege to jhum ,\nthe right to use roads or paths for men or cattle,\nthe right to use water or water courses,\nthe right to graze cattle,\nthe right to cut or use timber or other forest produce,\nthe right to do any other acts,\nForest Settlement Officer\nStatement A\nStatement A\nRegarding claims to practice jhum cultivation in the proposed reserve dealt with under Section 10 of the Assam Forest Regulation, 7 of 1891\nRegarding claims to practice jhum cultivation in the proposed reserve dealt with under Section 10 of the Assam Forest Regulation, 7 of 1891\nNo of claim.\nName and description of claimant.\nNumber in claimant’s village of\nParticulars of claim and of any local rule or\n\t\t\t\torder under which the practice allowed or regulated.\nOpinion of Forest Settlement Officer whether\n\t\t\t\tpractice should be permitted or prohibited wholly or in part.\nHouses.\nPeople.\nJhum cultivators.\n1\n2\n3\n4\n5\n6\n7\nOrder of Provincial Government on entry in column\n\t\t\t\t7.\nProvision made for the exercise of Jhum cultivation under Clause (a) or Clause (b) of Section 10 (3) of\n\t\t\t\tRegulation.\nOrder of Provincial Government on entry in column\n\t\t\t\t9.\nDate of final order of Forest Settlement Officer.\nDate of appeal, if any.\nOrder passed on appeal and date thereof.\n8\n9\n10\n11\n12\n13\nStatement B\nStatement B\nRelating to claims to rights other than (a) a right of way, (b) a right to a water course and to use of water, (c) a right of pasture or to forest produce in the proposed reserve dealt with number Section 11 of the Assam Forest Regulation, 7 of 1891\nRelating to claims to rights other than (a) a right of way, (b) a right to a water course and to use of water, (c) a right of pasture or to forest produce in the proposed reserve dealt with number Section 11 of the Assam Forest Regulation, 7 of 1891\nNo. of claim.\nName and description of claimant.\nNumber in claimant’s village of\nParticulars of claim.\nOrder admitting or rejecting the claim wholly or\n\t\t\t\tin part.\nManner in which claim has been disposed of under\n\t\t\t\tSection 11(1), (2) and (3).\nDate of order of Forest Settlement Officer.\nDate of appeal, if any.\nOrder passed on appeal and date thereof.\nHouses.\nPeople.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\nStatement C\nStatement C\nRelating to claims to right of way, water courses, pasture, and forest produce in the proposed reserve dealt with under Section 12,13 or 14 of the Assam Forest Regulation, 7 of 1891\nRelating to claims to right of way, water courses, pasture, and forest produce in the proposed reserve dealt with under Section 12,13 or 14 of the Assam Forest Regulation, 7 of 1891\nNo. of claim.\nName and description of claimant.\nNumber in claimant’s village of\nParticulars of claim.\nOrder admitting or rejecting the claim wholly or\n\t\t\t\tin part.\nHouses.\nPeople.\nJhum cultivators.\nOrdinary cultivators.\nCattle.\n1\n2\n3\n4\n5\n6\n7\n8\n9\nDesignations, position and area of land or\n\t\t\t\tbuildings for the beneficial enjoyment whereof the claim is\n\t\t\t\tadmitted.\nParticulars defining the nature, incidents and\n\t\t\t\textent of the right to pasture or to forest produce.\nProvisions made for the exercise of the right to\n\t\t\t\tpasture or forest produce under Cl. (a) or Cl. (b) of Section 13\n\t\t\t\t(1) of Regulation or for commutation of such right under Section\n\t\t\t\t14.\nDate of order by Forest Settlement Officer.\nDate of appeal, if any.\nOrder passed on appeal and date thereof.\n10\n11\n12\n13\n14\n15\nRights of the State in land or produce.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "1", "title": "1. Limit of temporary privilege.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "2", "title": "2. Amended description of boundaries.", "chapter": null, "content": "Notifications\nNotifications", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "3", "title": "3. Disforesting of forest areas.", "chapter": null, "content": "Draft Notification\nDraft Notification\nSpecification of Land Disforested\nSpecification of Land Disforested\nName of reserve or portion of reserve disforested\nDistrict\nPargana\nMauza\nArea in acres\n1\n2\n3\n4\n5", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "4", "title": "4. Provincial Government may disforest an area up to ten square miles.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "5", "title": "5. Settlements made previous to the introduction of the Forest Act, 7 of 1878.", "chapter": null, "content": "Chapter 3\nSection I-General Provisions", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "1", "title": "1. Definitions.", "chapter": null, "content": "(a) \"Special cultivation\" means cultivation which involves, either owing to the nature of the crop or owing to the process of cultivation, a much large expenditure of capital per acre than is incurred by most of the cultivators in the State. \"Ordinary cultivation\" means cultivation other than special cultivation.\n(b) \"Waste land\" means land at the disposal of the Government, which the Government has not disposed of by lease, grant or otherwise, and which is not included in a forest reserve, or in a forest proposed to be reserved under Section 5 of the Assam Forest Regulation, 7 of 1891, or in a protected forest constituted under the rules made under the said Regulation, and has not been allotted as a grazing ground under rules framed under Section 18 of the Assam Land and Revenue Regulation.\n(c) An annual lease means a lease granted for one year only and confers no right in the soil beyond a right of user for the year for which it is given. It confers no right of inheritance beyond the year of issue. It confers no right of transfer or of sub-letting and shall be liable to cancellation for any transfer or sub-letting even during the year of issue:\n(d) A periodic lease, except in the case of town land, means a lease granted for a period longer than one year, and in the case of town land, a lease for a period longer than three years. Subject to and so far as is consistent with any restrictions, conditions, and limitations contained therein, a periodic lease, the term of which is not less than ten years, conveys to the lessee the rights of a land holder as defined in the Assam Land and Revenue Regulation.\n(e) The \"terminal year of a local area\" means the year up to which the rates of land-revenue shall, according to the orders passed by the State Government at the last settlement of that local area, remain in force.\n(f) \"Settlement\" in these rules means the leasing of land at the disposal of the Government and includes the operations of survey classification and report, preliminary to such leasing.\n(y) \"Cost of survey\" includes cost incurred by the Deputy Commissioner for the pay of the survey or and of the establishment. 4\n(h) \"Timber\" includes trees when they have fallen or have felled, and all wood whether cut up or fashioned out for any purpose or not.\n(i) \"Tree\" includes palms, bamboos, stumps, brush-wood and canes.", "footnote": "", "is_definition": true, "sort_order": 12 }, { "number": "2", "title": "2. Powers of Deputy Commissioners.", "chapter": null, "content": "Note. - For orders regarding the disposal of land left by settlement holder dying without heirs, see paragraph 84-A of the Assam Executive Manual.\nNote.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "3", "title": "3. Delegation of powers of Deputy Commissioners.", "chapter": null, "content": "(i) no officer of lower status than a Sub-Deputy Collector shall pass final orders to issue a periodic lease or to grant settlement of land; and provided that Sub-Deputy Collectors may not exercise such powers if the land in question exceed 12 bighas or such other area as may be prescribed by the State Government by general or special order from time to time ;\n(ii) delegation of powers under Rule 18 (1) and (2) may be made only to a Sub-divisional Officer.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "4", "title": "4. Settlement Officer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "5", "title": "5. Application for land.", "chapter": null, "content": "Note. - Deputy Commissioners should indent for a sufficient number of these forms for sale by the Revenue Nazir-(a) to the public, and (b) to the stamp vendors for retail sale to the public.\nNote.\n* * * * * *", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "15", "title": "15. Settlement of occupied lands not included in any lease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "16", "title": "16. Prohibition to enter into land until issue of lease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "17", "title": "17. Liability to pay revenue.", "chapter": null, "content": "17A.", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "18", "title": "18. Ejectment.", "chapter": null, "content": "(b) The notice referred to in Clause (a) of sub-rule (3) above shall be published by affixing a copy thereof in the Notice Board of the Office of the Deputy Commissioner or the Sub-divisional Officer as the case may be, and also in the Notice Board of the office of the Sub-Deputy Collector within whose jurisdiction the land is situated. A notice shall also be published by affixing a copy thereof on the land concerned or in a prominent place in the vicinity thereof.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "19", "title": "19. Land revenue and minimum assessment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "20", "title": "20. Fraction in assessment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "21", "title": "21. Royalty on timber.", "chapter": null, "content": "(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.\n(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.\n(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.\n(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.\n(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.\n(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.\nNote 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.\nNote 1.\nNote 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.\nNote 2.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "22", "title": "22. Refund of value of timber or resignation of a grant.", "chapter": null, "content": "(i) Where the area resigned is a compact area of 250 acres or upwards the settlement-holder shall be entitled to a refund, in respect of all unused timber, of the royalty paid at the time of settlement.\n(ii) Where the area resigned is not a compact area of 250 acres, refund of the royalty paid at the time of settlement in respect of all unused timber may be made at the discretion of the Commissioner.\n(iii) Where a settlement-holder resigns land on which valuable trees have been planted subsequent to settlement, a fair valuation of the trees standing on the land may be paid to the settlement-holder at the discretion the State Government.\n(iv) When a refund is claimed under Clause (i) or (ii) it shall be for the settlement holder to prove the amount of royalty paid at the time of settlement in respect of the area resigned. The Deputy Commissioner shall cause a Forest Officer to estimate what proportion the value of the standing trees to the value of the trees at the time of settlement, and the amount of the refund shall bear the same proportion to the amount of royalty paid at the time settlement ; provided that the Commissioner may at his discretion authorise a Forest Officer to assess the timber at its present market value in situ , in cases where it is not possible to prove the amount of royalty paid in respect of the area resigned.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "23", "title": "23. Road-side land.", "chapter": null, "content": "Note. - This rule applies to existing and not to projected roads. It is , however, open to the Public Works Department to apply to the Deputy Commissioner to utilise his powers under Rule 2 so as to reserve from settlement otherwise than on annual lease land lying within 126 feet from the centre line of a projected road.\nNote.\nSection II. - Special Provisions Relating To Applications For Special Cultivation\nSection II. - Special Provisions Relating To Applications For Special Cultivation\n29.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "30", "title": "30. Applications to be in writing.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "31", "title": "31. Lands which may not be leased under this section.", "chapter": null, "content": "(a) Land in forests reserved, or proposed to be reserved, under Section 5 of the Assam Forest Regulation 7 of 1891, and land in unlcassed forests containing trees declared as reserved trees under Section 32 of the Assam Forest Regulation, 1891 ;\n(b) Land specially valuable for gazing or for the supply of fuel and other forest produce;\n(c) Land known or supposed to contain valuable minerals ;\n(d) Land claimed by wild tribes, or over which the inhabitants of neighbouring villages claims special privileges.\nNote. - When examining an application referred to him under this rule, a Forest Officer should consider whether the timber on the land or any part of it can be advantageously disposed of under Rule 39.\nNote.", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "32", "title": "32. Land applied for to be compact.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "37", "title": "37. Valuation of timber.", "chapter": null, "content": "38.", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "39", "title": "39. Prior disposal to timber.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "45", "title": "45. Right of a lessee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "46", "title": "46. Reservation between adjoining grants.", "chapter": null, "content": "(a) any land which in his opinion is required for public passage, and\n(b) a strip of land at least 100 feet wide between the grant and adjoining grants (if any).\n******\nChapter 4\nPrivileges and Concessions", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "1", "title": "1. Concessions granted in Mangaldai Sub-division.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "1", "title": "1. Kalaigaon.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "2", "title": "2. Chinakona.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "3", "title": "3. Majikuchi.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "4", "title": "4. Sekhar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "5", "title": "5. Dakhua.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "6", "title": "6. Harisinga.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "7", "title": "7. Ambagaon.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "8", "title": "8. Barsilajhar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "9", "title": "9. Orang.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "10", "title": "10. Silpota.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "11", "title": "11. Northern part of Balgaon Mauza.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "12", "title": "12. Northern part of Samabari Mauza.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "2", "title": "2. North Lakhimpur.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "3", "title": "3. Sylhet.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "4", "title": "4. Gauhati.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "5", "title": "5. North Cachar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "6", "title": "6. Shooting in reserved forests, Naga Hills District.", "chapter": null, "content": "7.\n8.\nI.\n(b) All servants of the State and pensioners living in the Sadiya Frontier Tract may remove and utilise free of royalty such timber as the Divisional Forest Officer considers necessary for the construction of their dwelling houses and for their personal use, but not for sale, trade or gift.\nII.\n(b) A similar concession may be granted under the authority of the Political Officer to other residents of the Sadiay Frontier Tract, where in his opinion special circumstances warrant it:\nIII.\nIV.\nV.\nVI.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "9", "title": "9. Jorhat and its vicinity.", "chapter": null, "content": "10.\n(II) As special concession and without prejudice to the rights of the State over unclassed State forests, all servants of the State and pensioners living in Balipara Frontier Tract may extract for their own house-building and domestic use only from unclassed. State forests in Balipara Frontier Tract unreserved timber either green or dead, firewood, geregua, and other minor forest produce as mentioned in Rule (I) (a) without payment of royalty; provided that forest produce extracted under this rule shall not be transferred by sale, barter or gift and the quantity extracted at a time shall be limited except with the permission of the Political Officer or what the concessionaire himself can carry or where the ordinary means of extraction is by boat or other means of conveyance to such corresponding limit as may be fixed by the Political Officer.\n(III) The Civil Hospital at Charduar is exempted as a special case from payment of royalty on firewood obtained from neighbouring unclassed State forests for consumption within the hospital and also for use in the Public Health Department Incinerator at Charduar its control.\n(IV) A return showing the number of species of reserved trees granted free for dugouts under Rule 10 will be submitted annually at the close of the financial year to Divisional Forest Officer for incorporation in his forms.\n11.\n1. (a) As a special concession and without prejudice to the rights of the State over unclassed State forests, tribesmen, tax-paying residents, Government servants and pensioners living in the Tirap Frontier Tract may extract for their own house building and their own domestic use only timber of any species, firewood, bamboos, cane, thatching grass, toko leaves, ekra, nal, patidoi patidal , fodder grass, stones, gravel and sand without payment of royalty; provided that forest produce extracted under this rule shall not be transferred by sale, barter, or gift, and the quantity extracted at a time shall be limited, except with the permission of the political officer, to what concessionaire himself can carry or where the ordinary means of extraction is by boat or other means of conveyance to such corresponding limit as may be fixed by the political officer, and subject to the limitation contained in paragraph 1 (b).\n(b) The concessions to tax paying residents, Government servants and pensioners is limited to those whose monthly incomes are Rs. 30 or less.\n2. (a) The political officer is authorised to grant permits free of royalty to tribesmen of the district to cut and remove dugouts from trees of reserved species for domestic purposes from unclassed State forests in the Tirap Frontier Tract.\n(b) A similar concession may be granted under the authority of the political officer to other residents of the Tirap Frontier Tract where in his opinion special circumstances warrant it.", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "3", "title": "3. The felling of trees of all reserved species is permitted in jhums cleared by tribesmen for cultivation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "4", "title": "4. Tribesmen in Tirap Frontier Tract are exempted from the payment of royalty on small quantities of firewood collected from unclassed State forests, and on salved draft timber offered for sale in the bazar of the district, when, in opinion of the political officer, the sale merely earns them a barred livelihbood.", "chapter": null, "content": "12.\nI.\n(b) Tribesmen of the Naga Hills are exempted from the payment of royalty on small quantities of firewood collected from the unclassed State forests in the Naga Hills for sale to the residents of the district, when, in the opinion of the Deputy Commissioner, the sale merely earns for them a bare livelihood.\nII.\nIII.\nIV.\nV.\nVI.\nChapter 5\nElepfiant Hunting Rules\n[Under Section 6 of the Elephant Preservation Act, 1879 (6 of 1879)]\n1.\n2.\n3.\n4.\n5.\n6.\n7.\n8.\n9.\n10.\n11.\n12.\nExecutive Orders Regarding The Elephant Hunting Rules\nExecutive Orders Regarding The Elephant Hunting Rules\n1.\n2.\n3.\nBoundaries\nNorth.........\nEast..........\nSouth.........\nWest..........\nDeputy Commissioner.\"\n4.\n5.\n6.", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "7", "title": "7. Rewards to finders of elephant tusk.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "8", "title": "8. Executive orders.", "chapter": null, "content": "(2) Licences should generally be made valid until the following June 30, and in any case, for not more than 12 months.\n(3) The Divisional Forest Officer should usually be consulted regarding the persons who can be safely entrusted with licences and no licence-holder, to whom he has objection, should be authorised to enter any reserved forest.\n(4) A licence should not be renewed in the case of any holder who, it is found, fails to kill most of the elephants at which he fires, who when requested to do so does not assist as much as might reasonably be expected in the destruction of dangerous wild elephants in the vicinity of his home, who is suspected of breaking game and other laws, who fails to observe Section 74 of the Assam Forest Regulation, or who , for any other reason, becomes or considered an unsuitable person to remain a licence-holder.\n9.\nChapter 6\nMiscellaneous Rules\n* * *\n(A) Royalties from quarries\nSupply of forest produce to other Government Departments\nSupply of forest produce to other Government Departments\n(B) Construction of roads\nConstruction of roads through reserved forests by tea planters\nConstruction of roads through reserved forests by tea planters\n(i) That the breadth and alignment of the road be approved by the Divisional Forest Officer.\n(ii) That timber growing on the proposed alignment of the road may be utilised free of charge for the purpose of constructing bridges and that, if necessary, additional timber may be granted from the reserves for this purpose.\n(iii) That the road will remain reserved forest, and no rights of any kind whatever in the land covered by the road will be conferred oh the planter constructing it.\n(C) Encampment in forests\nTroops in reserved forests\nTroops in reserved forests\n(D) Rewards\n(i) When a sum of money has been accepted by way of compensation under Section 62 of the Assam Forest Regulation, the Conservator of Forests may award any portion of. such sum not exceeding one hundred rupees ; or a Divisional Forest Officer, specially empowered by the Conservator in his behalf may, in the like circumstances, similarly award any portion of such sum not exceeding 20 rupees.\n(ii) When a person has been convicted by a Magistrate of an offence under the Assam Forest Regulation, the Deputy Commissioners at head quarters and in sub-divisions, the Sub-divisional Officer may, on the application of the Divisional Forest Officer, award a sum which is not in excess of the amount recommended by such Forest Officer and of the proceeds of any fine or confiscation, or both ordered by the convicting court. The Divisional Forest Officer should submit his recommendation to the Deputy Commissioner or the Sub-divisional Officer, as the case may be, through the trying Magistrate, who will add such remarks as he thinks necessary. In the case of prosecution instituted by the police the recommendations for rewards should be submitted by the prosecuting officer through the trying Magistrate, the Superintendent of Police and the Divisional Forest Officer being informed of the action taken in order to given them an opportunity of amending the recommendations of the prosecuting officer if necessary ;\n(iii) In cases other than those mentioned in Clauses (i) and (ii) the Divisional Forest Officer may grant a reward not excessing twenty rupees and the Conservator may grant such rewards in excess of twenty rupees; provided that no reward exceeding two hundred rupees shall be granted under this rule in any one case ; provided\nNote. - (1) Deputy Conservators of Forest and Extra Deputy Conservators of Forests have been authorised by the Conservators of Forests to grant rewards.\nNote.\n(E) Duties of Mauzadars in unclassed State forests\n(F) Sale of Forest Mahals and Coupes\n(G) Appointment of Honorary Forest Officers", "footnote": "", "is_definition": false, "sort_order": 55 } ], "metadata": { "Act ID": "Last Updated 12th February, 2020 [ass298]", "Act Number": "", "Enactment Date": "", "Act Year": "", "Short Title": "Rules Having The Force of Law and Executive orders Relating to Forests", "Type": "STATE", "Location": "Assam" }, "updated_at": "2026-09-29 21:55:18" }