Himachal Pradesh Gazette, No. 164, 30 October 2013

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राजपत्र, हिमाचल प्रदेश हिमाचल प्रदेश राज्य शासन द्वारा प्रकाशित शिमला, बुधवार, 30 अक्तूबर, 2013/8 कार्तिक, 1935

हिमाचल प्रदेश सरकार

विशेष क्षेत्र विकास प्राधिकरण, हाटकोटी

हाटकोटी विशेष क्षेत्र में वर्तमान भूमि उपयोग सम्बन्धी मानचित्र के प्रकाशन की सूचना No. HIM/TCP(S)/PJT/Hatkoti Spl. Area/Vol. I-1175-1325.—एतद द्वारा यह सूचना दी जाती है कि हाटकोटी विशेष क्षेत्र के लिए भूमि के वर्तमान उपयोग सम्बन्धी मानचित्र को हिमाचल प्रदेश नगर एवं ग्राम योजना अधिनियम 1977, (1977 का अधिनियम-12) की धारा-15 (1) के अधीन तैयार किया गया है और उसकी एक प्रति निम्नलिखित कार्यालयों में कार्यालय समय के दौरान निरीक्षण हेतु रखी गई हैः- 1. अध्यक्ष, विशेष क्षेत्र विकास प्राधिकरण, हाटकोटी एवं उपमण्डलाधिकारी रोहडू, तहसील रोहडू, जिला शिमला, हिमाचल प्रदेश । 164-राजपत्र/2013-30-10-2013 (4513) 4514 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935 2. सदस्य सचिव, विशेष क्षेत्र विकास प्राधिकरण, हाटकोटी एवं तहसीलदार जुब्बल, तहसील जुब्बल, जिला शिमला, हिमाचल प्रदेश ।

3. नगर एवं ग्राम योजनाकार, मण्डलीय नगर योजना कार्यालय, कुसुम्पटी, शिमला-9.

यदि इस वर्तमान भूमि उपयोग मानचित्र पर किसी को कोई आपत्ति अथवा सुझाव देना हो तो उसे लिखित रूप में उपरोक्त किसी भी कार्यालय को राजपत्र में सूचना के प्रकाशन होने से 30 दिन की अवधि के भीतर में भेजना होगा ।

वर्तमान भूमि उपयोग मानचित्र के सम्बन्ध में जो आपत्ति तथा सुझाव उपरोग्तानुसार प्राप्त होंगे उनपर अध्यक्ष, हाटकोटी विशेष क्षेत्र प्राधिकरण द्वारा विचार किया जायेगा ।

स्थान : शिमला दिनांक : 11/10/2013

हस्ताक्षरित/- नगर एवं ग्राम योजनाकार, मण्डलीय नगर योजना कार्यालय, शिमला -171009, (हि0प्र0) ।

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SPECIAL AREA DEVELOPMENT AUTHORITY, HATKOTI

NOTICE OF PUBLICATION OF EXISTING LAND USE MAP/REGISTER

FOR HATKOTI SPECIAL AREA

No. HIM/TCP(S)/PJT/Hatkoti Spl. Area/Vol.I-1175-1325.—Notice is hereby given that the existing Land Use Map for Hatkoti Special Area has been prepared under Sub-Section (1) of Section-15 of the H.P. Town & Country Planning Act, 1977 (Act No.12 of 1977). The Existing Land Use for Hatkoti Special Area is hereby published the Notice is given that a copy of the said Existing Land Use Map/Register is available for inspection in the following offices during the office hours (10.00 A.M. to 5.00P.M.) from monday to Saturday except second Saturday and Gazetted Holidays.

1. The Chairman, Special Area Development Authority Hatkoti-cum-S.D.M.

Rohru,Tehsil Rohru, H.P.

2. The Member Secretary Hatkoti Special Area Development Authority-cum-Tehsildar Jubbal, Tehsil Jubbal, Distt. Shimla.

3. The Town & Country Planner, Divnl. Town & Country Planning Office, Shimla.

If there be any objection or suggestion with respect to the existing land use Map/Register so prepared it should be sent in writing to the Chairman, Special Area Development Authority Hatkoti- Cum S.D.M. Rohru Distt. Shimla, The Chief Executive Officer, Nagar Parishad Rohru, Tehsil Rohru Distt. Shimla, H.P. and the Town & Country Planner, Division Town Planning Office, Block No. 32, H.P. Shimla-9 before the expiry of thirty days from the date of publication of this Notice in Himachal Pradesh Rajpatra.

Place: Shimla Date: 11/10/2013

Sd/-

Town and Country Planner,

Divisional Town Planning Office,

Shimla, Himachal Pradesh.

[Authoritative English text of this Department notification number FFE-B-E(3)-43/2006-Vol-II,

dated 28th September, 2013 as required under clause (3) of article 348 of the Constitution of India]

FORESTS DEPARTMENT

NOTIFICATION

Shimla-2, the 28th September, 2013

No. FFE-B-E(3)-43/2006-Vol-II.—Whereas the Governor of Himachal Pradesh had notified the Himachal Pradesh Forest (Timber Distribution to the Right Holders) Rules, 2010 vide this Department notification No. FFE-B-E(3)-43/2006-Vol-I, dated 2nd January, 2010 which were published in the Rajpatra Himachal Pradesh dated 7th September, 2010, in exercise of the powers conferred by clause (L) of section 32 of the Indian Forest Act, 1927 (16 of 1927);

And whereas the Governor is of the opinion that the rules so notified do not fulfil the public purposes for which the said rules have been notified due to cumbersome procedure and is not in consonance and time taking resulting into the public inconvenience;

And whereas the Governor of Himachal Pradesh is of the considered opinion that new rules are required to be framed for facilitating the general public in a useful manner;

Now therefore, in exercise of the powers conferred by clause (L) of section 32 of the Indian Forest Act, 1927 proposes to make the following rules, for carrying out the purposes of the said Act, and the same are published in the Rajpatra Himachal Pradesh for the general information of the public;

If any interested person(s) has/have any objection(s) or suggestion(s) with regard to these rules, he may send the same to the Principal Chief Conservator of Forests (HoFF), Himachal Pradesh within a period of 30 days from the date of publication of this notification in the Rajpatra, Himachal Pradesh;

Objections(s) or suggestion(s), if any, received within above stipulated period shall be forwarded to the Government by the Pr. Chief Conservator of Forests (HoFF), Himachal Pradesh with his recommendations/report which shall be considered by the Government before finalizing the same, namely:—

1. Short Title and commencement.—(1) These rules may be called the Himachal Pradesh Forest (Timber Distribution to the Right Holders) Rules 2013.

(2) They shall come into force from the date of publication in the Rajpatra, Himachal Pradesh.

2. Definitions.—(1) In these rules, unless the context otherwise requires :

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

(b) 'Right Holder' means a person who has a right of timber recorded in the 'record of rights' in the Forest Settlement Report of the area concerned;

(c) 'Record of rights' means, rights recorded in the Forest Settlement Reports;

(d) 'Timber Distribution' means distribution of timber to the right holders as per record of rights recorded in the Forest Settlement Reports; and4516 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935 (e) 'Timber Distribution Rights' means right of a Right Holder having cultivable lands for grant of timber for construction and repair of residential house and cow shed for bonafide domestic use of the Right Holder, recorded in the Forest Settlement Report of the area concerned;

(2) All other words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Indian Forest Act, 1927.

3. Entitlement.—Timber shall be granted to the Right Holders who have their recorded rights in the concerned Forest Settlement Reports for grant of Timber for construction and repair of residential house, cow sheds for bonafide domestic use:

Provided that:

(i) no Timber Distribution under these rules shall be made for ten years if the right holder has sold trees yielding timber for construction of houses from his private land holding;

(ii) in case right holder has land holding which qualifies him for grant of timber at more than one place, he may be granted timber at both places but the price of trees shall be doubled at the second place. The right holder shall give undertaking about the details of land holdings and while applying for Timber Distribution at second place, details of timber already obtained against land at first place;.

(iii) no Timber Distribution shall be granted to a land owner on the basis of land purchased after obtaining the permission of the Government under section 118 of the Tenancy and Land Reforms Act, 1972, irrespective of the date of purchase of such land;

(iv) timber shall be granted only to the head of the family as per the Panchayat records;

(v) timber shall be granted for the construction and repair of house and cow shed to be used only for bonafide domestic purposes;

(vi) timber shall not be granted to the Right Holders, if trees for the purpose are not available silviculturally in the forest where concerned right holders have Timber Distribution right. However, in such cases trees may be given from other forests at 50 % of market rate of trees; provided right holders of those forests have no objection;

(vii) rights other than for timber for construction and repair as contained in forest settlement reports shall continue to be exercised by the right holders;

(viii) Timber Distribution Rights shall be subject to active cooperation and participation of Right Holders in forest conservancy. In case any Right Holder fails to perform his duties for apprehending offenders, extinguishing fire or committing any forest offence, his right of Timber Distribution shall be suspended for sixteen years from the date of omission or commission of such offence; and

(ix) Timber Distribution Right of a Right Holder shall be suspended for sixteen years if he is found to have mis-utilized the timber obtained in Timber Distribution under these rules.

4. Quantity.—(1) Trees shall be granted in the form of unconverted tree as per scale fixed below:

(i) for construction of new house = Up to 7 Cubic Meter standing volume; and (ii) for repair = Up to 3 Cubic Meter standing volume.

(2) Trees shall be given from salvage (fallen, dry standing) trees. If salvage trees are not available, then only silviculturally available green trees shall be given.

5. Periodicity.—The periodicity for grant of Timber Distribution to the Right Holders shall be as under:

(i) for new construction - once in fifteen years;

(ii) for repair - once in five years; and

(iii) sufferers of natural calamities/fire sufferers: as recommended by the Sub Divisional Officer (Civil) concerned and after personal verification by the Assistant Conservator of Forest/Divisional Forest Officer concerned subject to the condition that the grant shall not exceed the maximum limit specified under rule-4.

6. Rates.—The price shall be charged as under:—

(i) Rs 500 per Cubic Meter standing volume for Deodar and Rs 250 per Cubic Meter standing volume for other species;

(ii) Right Holders suffering from natural calamities shall be given trees free of cost;

(iii) Price once fixed shall remain valid for five years.

7. Procedure for grant of trees.—Application for grant of trees shall be submitted by Right Holder as per Annexure-I to the Panchayat concerned after getting necessary remarks from the Patwari concerned about his land holding and rights. The Pradhan of concerned Gram Panchayat after ascertaining genuineness of the requirements of the Right Holder shall give his recommendations indicating actual quantity of requirement of timber. Thereafter, right holder shall submit his application to the Forest Guard of the area who shall enter the same in the register maintained for the purpose and shall acknowledge the receipt of the application to the Right Holder and shall send the application with his recommendations to the Block Officer after ascertaining the genuineness of demand, who in turn shall submit the application along with his recommendations to the Range Officer. The Range Officer shall forward the same with his recommendations to the Divisional Forest Officer. After receipt of application from the Range Officer, the Divisional Forest Officer shall take action for sanctioning of the trees after satisfying himself about the genuineness of the requirements and silvicultural availability of trees in the concerned forest and intimate his decision to the Right Holder concerned as per Annexure-II appended to these rules..

8. Verification by Divisional Forest Officer.—Divisional Forest Officer shall randomly verify the actual requirements of trees applied for before according sanction.

9. Jurisdiction and period for the use of Timber.—(1) Timber obtained in Timber Distribution scheme shall be utilised within the same Revenue Estate, where his rights exist. Trees granted under these rules shall be allowed to be carried within revenue estate without obtaining any permission after affixing of TD hammer:

Provided that in case the timber is to be carried out from one estate to another, the Right Holder shall have to obtain permission from the Range Officer concerned for this purpose:

(2) The timber granted shall be utilized by the Right Holder within a period of one year. If the trees granted are not utilized within the specified period, concerned Divisional Forest Officer may grant extension for their use based on the genuineness of the case. The Divisional Forest Officer shall ensure through his staff that the trees granted are used for the purpose for which they were sanctioned. In case Timber obtained is not utilized during the permissible period, the same may be seized/confiscated by the Forest Department and the decision taken by the Divisional Forest Officer in this regard shall be final.

10. Marking of trees.—After sanctioning of trees by the Divisional Forest Officer, they shall be marked by Block Officer.

11. Use of Saw for conversion.—Conversion of trees, marked in Timber Distribution, shall be converted by using saw.

12. Another tree in lieu of rotten tree.— If salvage trees marked in Timber Distribution are found totally rotten after conversion, the right holder may inform the Range Officer, who shall personally check, certify and send report to the Divisional Forest Officer. Thereafter another tree may be ordered to be marked in lieu of rotten tree.

13. Monitoring of data base and checking.—The data regarding details of right holders, information about land at two places by the right holders, tree/timber granted, utilized, etc. shall be maintained and monitored Panchayat and Range wise by the Divisional Forest Officer concerned through the Officers and officials working under him.

14. Penalty and Punishment.—If any Right Holder, violates any provisions of these Rules in utilization of timber obtained, his rights shall be suspended for next sixteen years and he shall also be liable to pay the cost of the tree at the market rate.

15. Repeal and savings.—(1) The Himachal Pradesh Forest (Timber Distribution to the Right Holders) Rules, 2010 are hereby repealed.

(2) Notwithstanding such repeal or any action taken or anything done under the rules so repealed shall be deemed to have been taken or done under the corresponding provisions of these rules.

Annexure- I

PROFORMA FOR APPLICATION FOR GRANT OF TIMBER DISTRIBUTION (see rule 7) (Delete whichever is not applicable)

1. Name of Applicant. _______________________________________________________ 2. Occupation _____________________________________________________________4519 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935 3. Father's Name ___________________________________________________________ 4. No. of family members ____________________________________________________ 5. Is the applicant head of family ______________________________________________ 6. Village. ________________________________________________________________ 7. Post Office _____________________________________________________________ 8. Tehsil _________________________________________________________________ 9. District ________________________________________________________________ 10. Panchayat ______________________________________________________________ 11. Whether the applicant belongs to 'below poverty line' family. If yes, enclose attested copy of certificate issued by the Competent Authority.________________________________ 12. Year in which Timber Distribution was earlier granted and quantity/ No. of trees granted.________________

13. Purpose for which TD required__________________________ (whether for new construction and repair of residential house/cow shed.)

14. Details of TD required :

15. I, hereby declare that,

(i) trees to meet the requirement for construction and repair of residential house/cow shed are not available on my land;

(ii) I have not sold any tree from my land under the 10 year felling programme during the last 10 years;

(iii) I have land holding at only one place/more than one place i.e. at _______________________and at ________________________.

If land is at two placed TD already granted against may be given. ____________________________________________________.

(iv) I am the original right holder and also the head of the family;

(v) I have not purchased land after obtaining the permission of the Government under Section 118 of the Tenancy and Land Reforms Act, 1972;

(vi) I understand that rights of Right Holders are subject to the active cooperation and participation of Right Holders in forest conservancy and I shall perform my duties for apprehending forest offenders, extinguishing fire etc;. and4520 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935 (vii) I shall not misuse the Timber obtained in TD and abide by the rules/instructions of the Forest Department in this regard.

(Signature of applicant) Dated ____________ Name in block letters_____________________.

Report of Patwari

Certified that Sh.____________________S/o Sh.__________________ is a permanent resident of _______ Mauza__________. Applicant is owner of the cultivable land comprising Khasra number__________ measuring_______ and pays _______ amount of Rs.________ per annum as land Revenue and has recorded right to obtain trees in T.D. He is the head of the family.

Dated

Seal & Signature of Halqua Patwari Verification/report of Pradhan, Gram Panchayat

It is certified that Sh. ___________________ S/o Sh._______________________ is a permanent resident of village ___________ Mauza ________ and is head of the family as per Panchayat record. The requirement of trees of the applicant is genuine and he requires _______ Cubic Meter of timber of____________species for construction and repair of his residential house/cow shed.

Date:___________________

Seal & Signature of Pradhan, Gram Panchayat

Report of Forest Guard

(i) The applicant has not obtained trees under Timber Distribution for construction and repair of residential house/cow shed during last 15 years. .The applicant has not obtained trees under Timber Distribution for repair of residential house/cow shed for the last 5 years.

(ii) The applicant has not caused any loss/damage to forest wealth/encroached on forest land and no damage report/FIR/court case relating to any forest offence is pending against him.

(iv) The requirement of timber is for __________________.

(v) The applicant extends full cooperation in protection of the forest.

(vi) The applicant may be sanctioned following trees Species Class Number Volume Forest.

Signature of Forest Guard.

Date__________Beat____________Name of Forest Guard______________4521 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935

Report of Block Officer (Deputy Ranger)

(i) Certified that the contents of the application and the certificates given by the beat Guard are correct.

(ii) I have inspected the site of construction and repair of residential house/cow shed, where TD grant is proposed to be utilized and the applicant may be granted following trees on spot.

which is available in salvage/silviculturally in ______________________forest.

(iii) Applicant has not sold any trees from his land during the last ten years under 10 years felling programme.

Signature of Block Officer Date:_________Block____________Name_________________

Report of Range Officer

The requirement of the applicant is genuine and he may be granted following trees Species Class Number Volume Forest which are available in salvage/silviculturally in ____________Forest.

Signature and Seal Date _________ Name________________

Sanction by DFO

Following trees are sanctioned for construction and repair of residential house/cow shed to Sh___________________s/o Sh_________________of Village______GP____________, Tehsil___________________, Distt-Shimla.

Signature and Seal Date: _______4522 राजपत्र, हिमाचल प्रदेश, 30 अक्तूबर, 2013/8 कार्तिक 1935

Annexure-II

(see rule 7)

No.

Himachal Pradesh Forest Department

From To: Divisional Forest Officer, Sh./Smt. ___________ Forest Division, Vill____________P.O.________

Tehsil____________Distt__________

Dated_____________

Subject:- Sanction of trees in TD

Dear Sir,

1. Please refer to your application dated___________for TD for construction/repair.

2. Your application for grant of ____________Cubic Meter timber of ________ species for construction and repair of residential house/cow shed has been considered by the undersigned and following trees are hereby sanctioned in your favour:

3. that your TD application has been considered and rejected on the following grounds:

(i) _______________

(ii) _______________

(iii) _______________

Yours faithfully, Date: _______________

Signature and Seal.

नियन्त्रक, मुद्रण तथा लेखन सामग्री, हिमाचल प्रदेश, शिमला-5 द्वारा मुद्रित तथा प्रकाशित