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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.

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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 _____________________________________________________________

4519

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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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