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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.
Sd/-
Place: Shimla
Town and Country Planner,
Date: 11/10/2013
Divisional Town Planning Office,
Shimla, Himachal Pradesh.
4515
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[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; and
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(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.
4517
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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.
4518
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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 _____________________________________________________________
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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 :
Species
Volume in Cubic Meter
Name of forest where right
exists
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;. and
4520
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(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______________
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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.
Species
Class
Number
Volume
Forest
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.
Species
Class
Number
Volume
Forest
Salvage or green
Signature and Seal
Date: _______
4522
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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:
Species
Class
Number
Volume
Forest
Salvage/
Green
3. that your TD application has been considered and rejected on the following grounds:
(i) _______________
(ii) _______________
(iii) _______________
Yours faithfully,
Date: _______________
Signature and Seal.
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