Hazara Forest Act, 1936

THE N.W.F.-P. HAZARA FOREST ACT, 1946 (ACT No. Ill OF 1916) (Recei.,ed the oiJe-..t of the Go,er11or of the 23rd D~cen1h•r. 1936, and of the Go,ernor General o-.. the 5th February, 1937). An act of consolidate a■d amend the law relallag to reseneti!Forests aad Waste Inds fa the Hazara District. (2) It shall come into force at once. Preamble-Whereas it is expedient to consolidate and amend the law relat ing to reserved forests and waste- lands in the Hazara District. and whereas the previous sanction of the Governor-General under sub-section (3) of section 80-A of the Government of India Act bas been obtained : It is hereby enacted as follows : CHAPTER I Short title, extent and eommencemeat.-( 1} This Act may be called tbe Hazara Forest Act, 1936. (2) (/) It applied to the whole of the Huara District and part of Mardan District ; Provided that the Local Government may, by notification in Gazette exempt any specified area from the operation of its provisions. (Ii) A notification under the proviso to clause (I) exemptina an area from the operation of this Act . shall not protect any person committing, within the exempted area, an act in regard to forest produce of unexempted areas which, if committed within an area not 10 exempted, would be an offence. (3) It shall come into fo1·ce at once. 2. Deflaftlons-In this Act, unless there is ~anything repugnant in the sub ject or conte-xt (a) "Brushed'' includes all woody plants with the exception of trees as defined below and of the following fruit trees when cultivated: Pears, Apples, Plums, Apricots, Peaches and Vines: (b) "cattle" includes, besides Horned Cattle. Camels. Horses, Mules, Sheep, Goats and the young of such animals; (c) ''Deputy Commissioner" means the Deputy Commissioner of the Hazara District or any othe r officer who may be invested by the Local Government with 'ill or any of the powers of a Deputy Commissioner under or for the purposes of this Act ; 90 Hazara Forut Act. (d) "estate .. , .. viJlaae officer .. , "landowner" and .. tenant" shall be deemed to have the meaniogs respectively attributed to them by the Punjab Tenancy Act, 1887, and the Punjab Land Revenue Act, 1887; (~) "'forest off'ence" means an off'ence punishable under this Act or under any rule made under this Act ; (/) "Forest-Officer" means by person whom t be Local Government or any officer empowered by the Local Government in this behalf may appoint to carry out all or any of the purposes of this Act or to do anythin1 required by this Act or any rule made under this Act to be done by a Forest-Officer ; (g) "forest-produce", includes the follc-wing when found in or brought from a reserved forest or from waste-land, namely, minerals, surface soil, trees, timber, charcnal, brushwood, gross, peat, canes, creepers, reeds, leaves, flowers. fruits roots, barks, honey, wax. lac, gum and resin ; (h) "Kaghan llaqa", means the land of the estates in the Mansebra Tehsil of the Hazara District specified in schedule.ff ; (f) "'protected waste-land", means waste-land in respect of which an order has been passed under Section 14 ; (/) "reserved forests". means laod which was demarcated as such at settlement" ; (k) "Revenue and Divisional Commissioner", means the Revenue and Divisional Commissioner of the North-West Frontier Province or any other officer who may be invested with the powers of Revenue and Divisional Commissioner for the purposes of this Act ; (I) "settlement" means the first and second regular settlements of the Hazara Di1trict including the Agror valley ; Provided that i"-i any case where the records of the two settlement do not a1ree the term shall be understood to refer to the i;econd roegular settlement ; (m) "timber", includes trees when they have fallen or have been felled and all wood of such trees whether cut up or fashioned or hollowed out for any purpose or not ; (n) "tree", means any tree of a kind specified in Schedule I or any other kind that the Local 9overnment may add to that schedule ; (o) "villase forest-officer", means any person entrusted by the Deputy Commiuioner with any function or charge in the waste-land of villages ; and {p) 11war.te-laod". includct all uncultivated land except reserved forest,, 1r&Ycyard1. sacred places, land recorded at settlement l\l part of the villa1e lite and ;and 1bown •• follow, : C:'Kbali0 or "Banjar jadid") in annual records. CBAPTE& II RBSBRVBD FORESTS 3. M■-,ea•t or NNrnd forelt-Tbe maoaacment of reserved fore1t11 i• Yeatcd io tbe Foreat-offlcen. Hozara For,~t Act, 31 i:. Reaened fornt1 to be property of the Go.erameaa-Subject only to the rights defined and recorded at settlement and to the Payment to the village-land• owner~ of seigniorage fees as provided in Section 27, the reserved forests shall bo deemed to t>e the oroperty of Government and the forest-income accruing from them shall be credued to Government as forest-revenue. 5. Alleaatloa of right in or OTer resene forest-No riabt or privilege in a reserved forest and no produce obtained by its exercise shall be alienation by sale, lease, 01 otherwise except to Government unless such alienation is expreasly permitted in the order defining and recording such riabt or privilege; . P •.wided that when any such right or privileae attaches to any land it may be s:>ld or otherwise alienated along with such land. 6. Acqalsltion of right in or o•er rnened forest-No right of any descrip tion shall be acquired in or over a reserved forest except by succession or under a grant or contract in writing made by or on behalf of Government or by or on behalf of some person in whom such right was ve:1ted under Regulation II of 1873 or Regulation VI of 1893. 1. Demarcation-Whenever the limits of any reserved fdrest are not suffi ciently indicaced by natural marks of other existing boundaries, they shall be d::m3,c3ted by permaneot and conspicuous marks ; and the limit of the tracts assigned for th~ e:icerci5e of recorded rights (wtiere su.::ti exist) witilin tile reserv• ed forest and also of the inrtion of the forest attaching to each village for sei1• niorage purposes shall. where necessary. be similarly demarcated. 8. Power to stop ways aQil water-cu11rses -Any F.Jre<Jt•Officer may, with the previous sanction of the Local Government or of any officer duly authorised in that behalf, stop any pub1it- or private way or water-course in a reserved forest ; Provided that a substitute for tbe way or water-course so stopped, which the Local Government deems to be reasonably convenient, already exists or has been provided or constructed by the Forest-Officer in lieu thereof. 9. Act■ problblted-(1) Wboever (a) sets fire to a reserved forest or kindless any fire or ]caves any fire burn• ina in such way as to endanger such a forest, or wbo, in a reserved forest ; (b) kindler&, keeps or carries any fire ; (c) 1razes or drives cattle or permits cattle to trespass ; (d) cuts, lops, taps, or burns any tree or brushwood or strips off the,bark or leaves from or otherwi,e damases the same ; . (e) causes any dama1e by negli1erfce in felling any trees or cuttma or remevina any forest-produce. , (/ ) scoal 01 collects or remoYes (g) Cultivate, any land or clears or breaks up any land for cultivation or any other pu.pose ; (IJ) erects any building or makes any enclosure ; (i) enters into a fenced enclosure ; (J) in contravention of any rule, which the Local Government may pres• cribe, shoots or fi1bes ; (k) sets snares or traps, or poison, water ; J2 Hazora Foreat Act, shall be puni1hable with impri~onment for terms which may extend to six months. or with fine not exceeding five hundred rupees, or with both, and shall, in addition thereto, be liable to pay such compensation for damage done to the forest as the convicting Magistrate may direct ; Provided that if the offender be a woman, the Magistrate shall, except for reasons to be recorded in writing, dispense with her presence and permit her to appear by an agent, authorised by writing under the signature or thumb impres sion of the woman, attested by a lambardar or some other respectable person. (2) When the person who is incbarge of cattle which have been permitted to trespass in contravention of clause (c) of sub-section (I) is a child under the age of sixteen yean, the owner of the cattle shall be deemed to be a person who is guilty of an offence within the meaning of that clause, (3) Nothing in this eection shall be deemed to prohibit : (a) any act done by permission in writing of the Forest-officer or under any rule made by the Local Government, or (b) the exercis~ of any right recorded at settlement or created by grant or contract made by or on behalf of the Local Government. 9-A RemoTal of encroachments, etc from resened Forests. (/) (A).-A court convicting an accused of an offence under clause (g) or (h) of Sub-section (i) of Section 9 shall direct the accused, if be or any other person on bis behalf, be in possession of the land in respect of which be is convicted, to deliver possesr,ion of the same with in such period, not exceeding thirty days, as the court may fix in this behalf, to presCJibed Forest Officer, and to remove within the said period any encroachments which the accused may have put up or erected on such land. JPLD 1964 St~tutc p. 187). 2. Any accused from directed by .a court under the- last proceeding Sub &ection to deliver possession of land in a Reserved Forest to the prescribed Forest Officer to remove any encroachment, with in the period specified by the court unless the ••id sub-section : (a) may be order of the Court, be ejected from such land and any encroachment made by him, on such land, may be removed or demolished with such force as may be necessary and in such manner as may be prescribed ; and (b) shall also be liable to a fine which may extend to one hundred rupees for every day. after the period fixed by the Court under the provisions of sub-section (1) bas expired, that be remains in possession or occupa tion of the land io respect of which be bas been convicted or fails to demolilhed or remove the encroachment on such land. 10. Forefefture of Implements and coDYeyaoces.-Tte penalty provided in Section 9, may, in the discretion of the adjudicating Magistrate, and in the case of habitual offenders only, be accompanied by the forfeiture of all implements, or conveyances used in the commission or furtherance of the offence adjudicated; and all forest-produce illictly obtained shall be restored to the Government Forest Department. 11. Power to declare forest ■o loager re1ened.-(I) The Local Govern ment may. with the provious sanction of the Governor-General-in-Council, by notification in the official Gazette, district that, from the date to be fixed by such notification any reserved forest or portion thereof shall cease to be reserved forest. Hazara For•II Act, 19 ·6 3J (2) From the date so fixed, such forest or portion shall cease to be reserved ; but the rights (if any) which have been extinguished therein shall nc-t revive in consequence of such cessation. CHAPTER Ili-Waste•La■ ds 12. Rights in waste-lands.-( I) Subject to the rights and powers of the Governn.ent in respect of seigniorage and forest conservancy as defined in this Act or in rule made thereunder, and subject also to the claims of right-holders not beiog owners of the soil, all waste-lands are the property, held jointly or sever ally, as tht' case may be, of the land owners are entitled to u'se free and forest produce found in those waste-land. But they shall have no right or poer to sell aoy trees or brushwood growing in such lands except with the permission of the Deputy Commissioner or other officer authorised by the Government and under such conditions as the Deputy Commissioner may impose; and all such sales sball be subject to payment to the Government of seigniorage-fees as pro vided by section I 7. (2) The claims of right-holders other than land-owners of the village shall be recogni~ed to the extent defined and recorded at settlement, or in case of doubt or dispute, to the extent which may hereafter to be defined by the Deputy Commissioner with the sanction of the Local Government, and the exercise of fiuch rigb:s :;ball be subject to the provisions of this Act and the rules made thereunder. (3) All deodar trees io K&ghan llaqa shall be deemed to be the property of the Government, and nothing in this section shall be held to affect the right oft.he Government thereto. 13. Power to protect-waste-laoda.-(1) Wbencve'. it appears to be necessary to prohibit the breaking up for cultivation of wa·.,te-land or its occupation aa 5ite for sheds, buildings or enclosures in order to the better protection of: (a) the crests and slopes immediately below the cre!lts of hills within the limits of tree-vegetation. (b) catchment-basins of steams, torrents or rcvines, (c) the banks and beds of river•, streems, torrents, and revines, (d) steep slopes, (e) waste-lands which, though not situated in any of the above positions, are nevertheless of such value of utility for the supply of forest pro duce or otherwise that their breaking up or occupation would in the judgment of the Deputy Commissioner be inadvisable, · the peputy Commissioner may issue order prohib iting the breakin~ up or occup~ tion of such waste-land, and definmg the area to which such prob1b1 tion shall extend, and may cause the limits of such area ~o !le shown oo the village may and tc be demarcated on the ground with boundary mark so far as may be necessary. (2) All orders passed by the Settlement Officer under Section 11 of the Hazara Forest Regulation, 1893, at the second regula~ settl~ment of the Hazara District shall be deemed to be orders passed under tb1s section. (3) No such order as is referred to in sub-section (1) or sub-~ection (2) shall be cancelled by the Deputy Commissioner, without the sanction of the 34 Hbzara Fore8t Act, Revenue and Divisional Commissionef, but the D~uty Comnii!lsron~r may from time to time revise such orders by altering the boundary of the protected land so as to exclude any particular plot the protection of which may appear to be unneeessary. 14. Powers to set a part waste-lai,d for growth of gross, tree1 or brush wood. -(l) If the O<!puty Commirniooer i!l of opinion that in any estate the supply of grass, trees or brushwood is not adequate for the and prospective wants of the reidents, he may direct that an area of waste-land not exceeding one-fifth of the total uncultivated area of tile estate shall ~e. set ap~rt in a con venient and suitable position, and may record a proceedings providing : (a) for the prC'hibition within this area of all or any of tll1,; acts detailed in sub-sectrnn (1) of Sectiou 9 ; (b) for the enjoyment of its produce by the residents of the estate and any other right-hold.:;s a::id for the due regulation of that enjoyment ; (c) for the re~overy r.f costs of mangament or the Area from the said residents and right-holders. (2) No compensation shall be claimable by the owners or other riebt holders of such land in respect of llny order~ pa sf.led under this section. 15. Power to set apart waste-litnd for growth of trees borsbwood or gross on application of· taod-owner.-ff a person holding an individual property of· such proportion of the land owners of the estate as per not iess than two thirds of the land revenue thereon, mak:e an application to the Deputy Commissioner requesting that a stated area of waste land, owned individually or in common be set apart for the growth trees, brush-wood or gross, the Deputy Commissioner shall have power to proceed in respect of the area as approved ~o sl~otion 1.1. 16. Power to protect waste-lands from erosion, etc.-(1) If the Deputy Commissioner is of opmtoo that it is necessary to guard more security against erosion or the formation or extension of ravines or landships he may, issue 1pecial orders prohibiting with in the area likely to be affected or that adjacent thereto all or any of ttle acts detailed in sob•st::ctioo (1) of Section 9, or permitt ing them on such conditions as be may see fit to impose. (2) No compensation shall be claimable by the owners or other right holders of such land in respect of any orders passed under this :Jectioo. 17. Appointment of ,illage for~st-offlcer and issue of management orders. (I) The Deputy Commissioner may appoint village forest-officers to manage the fo1 es try of waste-lands and may issue general of special management .orders to such officers for the prohibition of the barking, boring, girdling or otherwise injuring or trees or brnsh-wcod and for the regulations of the felling or loppini of trees or brushwood in such waste-lands for village requirements. (2) In case of any contravention of orders-issued under sub-section (1), the Deputy Commissioner may direct that no trees be felled in the waste without the previous permission in writing of himseif or of such officials as may be autho rised by him in this behalf; and if permission to sell brushwood bas been accorded he may cancel such permission. Hazara Fore3t Act, 19 6 35 18. Firing of ,Ulage waste-tands.- -The Deputy Commissioner may issue special order in writing permitting the firing of any waste-land within such limits and subject to such conditions as he rua::y think fit. 19. ViUa1e-oflcers and ,illage forest oflkers 1.,ooad to report acts centrary to the abo,e probibitation.-Evhy village-officer and village forest-officer shall be bound to report any breaking of waste-land protected under section 13 and any breach of any order paSMed under the pco,•isiom; of this Chapter as soon as the fact comes to his knowledge. 20. Trusment of illicit coltivation, ctc.--The · Deputy Commissioner mav cause tn be summarily ejected any person cultivating laud or comq:iitting !IDY other act in contravention of any order passed under Section 13, Section 14. Section 15 or Section 16, and may direct that any building or enclosures erected or crops grown on such land in contravention of !IUch order shall be con fiscated. 21. Tre■tmeat of encroa~bment on common laad.-Wbere waste-land which has been recor(kd at a statement as "Sbamailat'; or common land or which has been specially reserved as a grazing ground or as a fuel or timber preserve of the village is broken into by cuitivation, the Deputy Commi!isioner on, applica tion of any right-holder in the village or of bis own motion, may eject the author of the encroachment and forbid its repetition by a proclamation published in like m1nner as proclamation under Section 21 of the Punjab Land 'R.evenue Act, 1887. 22. AMeuQleat of c■ltlntion fo protected wute.--Where the Deputy Commissioner permits the breaking up and cultivation of land in protected waste or wbet"e land bas been broken up without his permission and he does not think it necessary or expedient to stop the cultivation thereof. he may impose on. the land newly brought under cultivation an assessment at rates which shaU not exceed double, the rate on land of similar quality in the same or adjacent villages, and in ca868 where application ~as been m1ufe for his sanction previous to the breaking up of the land, shall ordinarily no t be higher than those rates. 23. Protection of calti,ation by retaining wells.-(1) fo tbe cas~ of existing clll tivatfon in c;lanaeroos position on hill-sides the Deputy Commissioner may req"llire t~e owner or tenant of the land so cultivated to protect it by a retainin1 with c,r take such other precaution to ensure the stability of the soi! as be may deem necessary. (2) Shou.ld the ~wner or t~nant fail to comply with the requisition within a rea!ionable time and also persists in cultivating the land, the Deputy Commis sioner may summarily eject him from so much of the tand as may summarily eject him from so much of the land as may be in danger and deal with it in accorda,nce with the provisions of Section 16. (3) . Similarly, the Deputy Commissioner may Direct Urat.a,ny extension of cultivjitiori after ,the date of th~ introduction of the second regular settlement in dangerious positions on a bin-side shall bC! protected by retaining walls, and may summarily eject the cultivator of such land if he fails tq comply with the orders. · (4) No compensation shall be claimable· by the owniu or tenant of scub land' in respect of any order passed under this section. .36 Hazara ForeJt Act, J9:6 24. Treatment of cultfution In dangerous on blllslde■.--(IJ Where after !he date of t?e introduction of the second regular settlement land is brought into cult1vat100 in dangerous position or bill-sides and the slope is too steep to ~dmat ~f the construction of retaining walls, the Deputy Commissioner may, !f he 1s of opinion that the probation of such cultivation is in the general mter~st of the village, eject the person cultivating and direct that the land remain uncultivated in future. · (2) No compensation shall be claimable by the person ejtcted io respect of any order passed under this section. 25. Coit of maaagement. -The cost of management of any waste-land of the demarcation of any waste~land directed by the Deputy Commissioner to be demarcated in accordance with the provision of this Chapter, may be recovered from ~11 '""Id-owners or from ali land-owners and right holders concerned, as an: . : land-revenue. 26. Offence la wute-lands.-Whoever commits or abets the commission of any of the following offences, namely ;-, (1) breaks up :>r occupies or, being the owner of the land or a joint owner thereof, permits the breaking up or occupation of any waste-land pro tected upder Section 13 ; (2) contravenes any order passed under Sections 14, 15, 16, 21, 23 or 24; (3) without permission knowingly sells or conveys for sale any tree, timber or brushwood produced on waste-land, or fellam, lops, barks, bores, girdles or otherwise injures any sucb tree or brushwood contrary to any geoerai or special management orders issued under Section 17 ; (4) sets fire to any waste land otherwise than as permitted by an order pass ed under Section 18 or negligently permits any fire to extend thereto, &hall be punishable lltith imprisonment for a term which may e,:tcod to six months, or with fine which may extend to five hundred rupees or witb both ; Provided that if the offender be a woman, the Magistrate shall, except for reasons to be recorded in writing, dispense with bor presence and permit here to appearably an agent authori~ed by writing under the siaoature or thumb impression of the woman, attested by a lambardar or some other respectable person. 26-A. Power to Court to evict tresplls11er.-(1) A Court convictina an accused person of an offence under Clause (1) of Sectioa 26 shall direct the accused if he or any other person on his behalf, be in possession of the ~as~e land in respect of which be is covicted, to deliver possession of the same, w1tbrn such period not exceeding 20 days, as the court may fix in this behalf, to the prescribed Forest Officer, and to remove within the said period any encroach ment which the accused may have put up or reacted on such l&nd. (2) A.oy accused person dir.:cted by a court under the last preceding Sub section to deliver possession of waste land to the prescribed Forest Officer or to remove therefrom any encroachment, made by him who fails so to deliver the land or to remove the encroachment made by him who fails so to deliver the land or to remove the encroachment, within the period specified by the Court under the ·said sub-section. (a) may, by order of the Court, be ejected from such land and any encroach ment made by him on such land may be removed or demolished wi\b H azara Porell Act, 19 · 6 31 such force as may be necessary and in such manner as may be prescribed ; and (h) shall also be liable to fine which may e:(tend to one ,hundred rupees for every day, after tbe period fixed by the Court under the provisions of sub-section (1) bas expired that be remains in possession or occupation of the land in respect of which be bas been convicted or fails to demo lish or remove the encroachment on such land". [PLO 1964 W.f. 188). CHAPTER IV-Dalia and l.l'eea. 27. Sei1aiorage fee-(1) Io the case of: (a) trees felled in reserved forests, (b) firewood supplied from the same, and (c) deodar trees felled in the waste-land of vilfa,aes in &agbau Uaqa. the Forest Officer shall credit to the Government as forest-revenve tbe price realized by the sale of such trees or firewood and on the other band debit to the Government and pay to the right holders entitled the!'e to in such manner as the Depnty Commissioner may direct the seigniorage-fees due ac::ordiog to the list of such fees that in force for the time being. (2) Similarly, in the case of trees which are sold from waste-lands, tho Deputy Commissioner shall credit to the Government as forest-revenue the seigniorage-fee's, and the balance of the price realised snail be pilid to tbe right 'bolder entitled thereto. Provided that the tre~s referred to in this sub-section are of on~ or Qtber of the kind entered in the seignioraae-list which is in force for the time beioa. (3) The list of the seigniorage-fee io force at the commencement of this Act i!i hereby maintained~ (4) With the previous sanction of the Governor-General-in-Council the I:.ocal Government shall after every ten years with due reference to the averaao actual prices realisable, for timber or fuel, revise the rates of fees in such list and may add trees to it or exclude trees from it. (4;) The fees may be uniform throughout the district or vari~d, in different parts thereof, but shall not exceed in any case a fair estimate of -l{alf the avera10 not profits realisable on the sales. (6) Whenever the list of seigniorage-fee, has been re-vised the Local Govern ment shall publish a notification in the official Gazette, which shall set forth the rates of seigniorage fees payable, the circumstances under which any trees have been exempted from charge, and such other matters connected with seigniorage• payments as the Local Government mey see fit to regulate. COMMENTS The Wajlb-ul-araz is a part of the r~venvc record drawn up with special reference to each villa,ge and contains a record of admitted village usages. There is a presumption of correctness attached to the usages to prove the contrary. (PLO 1954 Pesh. 69 : PLO 1954 Lah. 359). "Entries in the Wajlb-ul•or41z may be or two kinds. They may be state• ments of local custom or usage or they may be recitals of agreements. As 38 Hozara Forest Act, 19.~-6 statements of custom or miage they, are strong evidence of the existance of such custom or usage b".!t they have only an evidence of the existance of such custom or usa.ae but they have only an evidentiary value. Agreements incorporated in the Wojib-.&41 aroz are bo,rever binding but only on the parties to the agreements was entcre~ into though the task would be different". In tbe sub-section (2) of Section 27 "trees" inter a/Id· means trees of kind specified, in Schedule I of fbe Act, Schedule I mentions a, largo of number of trees including Biar, Diar, Pindar and Sum. In Seigniorage-fee have been credit ed t.o tht Government as forest revenue, the balance of price of trees from wasts lands shall be paid to the "right bolder". The terms right bolder has not been defined in the A.:!, but with reference to Section 17 of the act, and this is only inoidtntal, it evidently inclu.des the land owners of the village. Section 27 of the ·Act does no~ come with in the mi6chief of Section 47 of the Act and thereof any matter covered by the former falls within the jurisdiction of the Civil Court. Andi.this Is obviously so because Section 27 deals with the rights aed entitlements of the parties mentioned therein. [PU 1975 S.C. 281). 28. Power to Impose duty on timber-'- The local Gov~roment n..ay direict the levy of. duty in s uch maoner, at s1tch plaoe.s and at such rates ad Yalorem or otherwise, as it may prescribe by-notification in the official Gazette, on all ti~ber produced in the Haz&ra District or brought into that district from beyond the frontier or else-where, CHAPTER V,-Control of farei.t produce in ,Crantlt 29. Power of Local Government to is11ae roles for floating timber and leviog fees-The Local Government may make rules to regulate : (a) the import of timber of any forest-produce into the Hazara District ; (h) the transpart of timber of any forest-produce by land or by rivers and streams within the district, the custody thereof during transit, and the levy of fees in respect of timber or of any forest-produce transported ; (c) the colfection and disposal of waif and unowned timber of any forest produce ; and (d) the us~ of property marks for timber and the registratit'JD of such marks; and may prescribe as penalty for the infringment of such rules imprisonment which may extend to six months, or find which may extend to five hundred rupees, or both, and by these nde·s make provision for · the appearance of the woman offender on the lines of the proviso to Sub-clause (I) of Section 9. COMMENTS So fof rule 3 in it is concerned, it appears to be unexceptional is to prohibit the trar.sportation of timbers by land within the limits of Hazara District, between the hours of sunset and sunrise, is within thie ambit of expression ••regulMe" used in the section of Act. But this would not fl'.)can 'that· the contra vention of this rule by and ac~used could be automatically visite<l by the con fiscation of his conveyance under rule 11 of the Notifi6ation ; 'It is clear that rule 11 of the Notification, in so .far as it provides that in the event of cootraven• Hazara Forest Act, 191 6 tion of rule No. 3 an .accus.ad would automatkaily forfeited his conveyance is ultra vir~s of the pQwer .of the Provincial Governmeat, as by Sub•scction (ti) of Section 29 of ~c Act the only power gi,ver. to it by the legislature .was· to frame rules to regulate the import of timber into Haz,lra District and to presc,ibe penalties for the iefringement of sucll rules ;mpresonment which may extend to six months or which may extend to five hundred rupees, or both ... .By specifyini these limits within which the Provincial Governmeut could impose penalties upon an off.!nder, the inten[ion of th~ legislature 1s clear tnat wtut~ver sub-making power if wished to confer upoA tbe Provincial Government, was confen-cd on it under Sub-secti,n (d) of Sectica 29 of t-be act and c:>0sequently it bad no authority to provide in rule t I that the offenders would automatically lose thc;r conveyances. Rule 11 cannot be said to b:! even rem->tely within ambll of Section 29 of the Act and consequently th:,t extend it would be devoid of force, not with standing S.:ction 54 of the Act ttfc1t a nee put>liiihed in the offical Guette the rules in question shall have affect as if enacted in the Act itself rhe \lffender ing part of rule 11 was the resuh of impect draftine. because otherwise the legis lature had made ample provision for the confiscation of Wagons in ;,ppropr:ate cases subject of course to the discretion of the adjudicating Mi\gistrate. Section JO of .the Act with which Sub-section (3) of Section 3:} of the Act is seemingly inconsistent, reveals the unmistapable inteotioo of the legislature that if an offender is convicted, th~.J in addition to the penalties prnvided in Section 9, the adjudicating Magistrate in his discretion and in the case of habitual t>ffenders only, order the forfeiture of bis conveyance in which the contraband goods were detected. In other words the legislature bas not only wade a distinction between the case of habitual and other otfencers but has also direc:tc.-d that the forfeiture of conveyance could only be etf.:cted by the order of a Magistrate in the exerci;.e of his prop:r di~creticn. Seen in ,this cootect Sub-section (3) of Sectior, 39 of the Act, the language of which is ;.ot as precise as that of Section 10 cannot be constoned to means that once an offender is convicted under the provisions of the Art, he would automatically forfeit hid conveyance without the or,kr of a Mas-~trate. [PLO 1971 Pesh. 226). 29-(h) .. Read with For~st Transport Rules, 2.·-Walnut trees already c ,,t by a person fmm his agricultur:! land uuder a valid premises from Govern ment subsequently issuing directive prohibiting cutting of Walnut trees a; ,d transportation of its timber-permission to tran'lport timber refused on gr ouod of prohibitory directives oi Government. Timber trees already fulled uooer valid permission could not be refused transport permit, directive of Govern ment even otherwise had no legal force unless subitable amendments made in Hazara Forest Act and Rules made there under. [PLO 1975 Pesh. 238). CHAPTER VI.-Drif& aad Strand Ilmber. 30. Certain kinds of t~e property of Go,ernment until title thereto prond. (1) All timber found a drift, breached, standed or sunk, all timber bearing marks which have been registered in accord1nce with any rules which the Local Government may have issued, all timber on which the marks have been al1ered, defaced or ohilterated. and, in such areas as the Local Government, ral\y, by notification in the official Gazette, direct, all unmarked timber, shall be d 0 emed to be the property of the Government unless and until some per~on establii;hes his right and title thereto. (2) Such timber may be collected by any Forest :>fficer ar.d be brought to any depot appointed for its reception. Hazara For~s, Act. 19,'6 (3) Due public notice shall be given from time to time of such collection, and any person claiming such timber i;ball be required to present a written statement of bis claim within two months from the date of such notice. 31. Pr«>cedare «>D claim preftntd to &ach tlmbu.-(1) When any such state ment is presented as aforesaid a Forest Officer, not below tbe rank of a Divisional Forest Officer. ofter making necessary inquiry, either reject the claim after recordina his reason for so doiur, or deliver the timber to the claimant. (2) If &uch timber is claimed by more than one person. the Forest officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and retain the timber pending the receipt of &n order from any such Court for its disposal. (3) Any person wbo5e claim bas been rejected under this section may, with· in three months from the date of such rejection, institute a suit to receiver possession of the timber claimed by him ; but no person 6hall recover any com pensation or costs against the Government. or against any Forest Officer, on account of such rejection. or the detention or remo·,al of any timber, or the delivery thereof to any other persco under this section. (4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been <Jeliverc:d, or .a suit has been brought. as provid ed in this section. 32. Disposal of antlaia,el tlmber.-If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period prescribed by the notice issued under Section 32, or. on such claim having been so preferred by bim aod having been rejected. omits to institute .a suit to. recover possession of such timber within the further period limited by Section 33, the ownership of 6Uch timber shall vest in the Government, or, when such timber bas been delivered to another person under Section 33, in such other person, !"r1:e from all encUII) 1 brances not created by him. 33. Gonroment and Its officials not liable for damage to sacb tlmber.-The Government shall oot be responsible for any loss or damage which may occur in respect of any forest produce while at a depot or while detained elsewhere for the purpose of this Act; end no Forest Officer shall be responsible for any such loss or damase unless he has caused such loss or damage negligently, mali ciously or fraudulently. CHAPTER VII-Penalties and Procedure 34. Liabllitles to assists In prHtntlng forest officers and iirts, etc.- (I) Every person haviDg rights in a reserved forest. or owing, occupying or having riabts in waste-land or land adjacent to a reserved forests ·or to waste land and every person employed in a resened forest by Govrrnment er in w~ste adjacent to reEerved forest by a~owoer of the wastt·, shall be bound to furnished with out unnecessary delay to the nearest Revenue officer, Forest Officer, village forest Officer or Police offieer any information be may possess respecting the commis sion of, or intention to commit, any forest offence ; and shall further be bound to use bis best endeavours : (a) to extinguish any fire occuriog in any such reserved forest or in any such waste-land ; (b) to prevent fire from spreading thereto ; (c) to prevent tile commissi::>n of any forest offence therein ; Hazara Forest Act, J9.- :6 41 (d) when there is reason to believe that a forest offence bas been committed therein, to discover and arrest the offenders. Provided that a minor or a woman or an infirm person shall not be subject to the above Jiabilitie1. (2) All contractors and all persons employed by contractors in any reserved forest or waste land ; and all person holding any permit or lease therein, shall be bound in the same say or a re1ards the Janda in which their employment or permit or lease subsist. (3) Every oerson who neglects any duty imposed on him by this section shall, on conviction before a Magistrate, be punishable with fine which may amount to one hundred rupees; and in default of payment may be ·sentenced to simple imprisonment for a term not exceeding six months. In a case of second conviction simple imprisonment not exceeding six mootbs may be awarded in addition to the abovepcnalty. Provided that if t be offender be a woman, the Magistrate shall, except for reason, to be recorded in writin1, dispeasc with her presence and p~rmit ber to appear by an agent, authorised by waiting under the si1nature or thumb impres sion of the woman, attested by or bambardar or some otber respectable person. 35. Power to close forests that baYe beea bwrat or otherwise daaa1ed.-In cases of illicit firing of any reserved forest or of repeated or serious damap thereto in contravention of any of the provisions of. this Act or rules thereunder, the Deputy Commissioner (wh ether or not any punishment has been inflicted under Section 9 or Section 36) may direct that the area so burnt or damaaed and also the whole or any part of the area of the forest attaching to the village to which the offender or off'enden are proved or believed to belon1 shall be closed "gainst all or any, of the following acts, namely, cattle-arazina, grass-cuttin1, the felling and lopping of trees and tbe cuttin1 and gathering of dead wood, for a period not exceeding one year or, with the sanction of Local Government, for any longer period that may be thought fit. 36. Power to close waste-lands la case, of •lolallon of the proYitlo■s of tile Act.-In cases of a flagrant or habitual violation of any of the provisions of this Act or rules made thereunder the Deputy Commissioner (whether or not any punishment has been inflicted under Section 26 of Section 34) may, with the previous sanction of the Revenue and Divisional Commissioner, direct that with in the limits of the whole of the waste land affected or of. a specified portion thereof all or any of the following acts, namely, cattle grazing, grass cutting, trcc-fellina. and the cutth,g and gatherin1 of brushwood or any otller kind of wood shall be totally prohibited, for a period not exceedina one year or, 11Vith the sanction of the Local Government, for any longer period that may be thought fit. 37. Pnisbmeat for act in co■trHeMlo■ of order paaed ■■der Sectio■ 36. Whoever contravenes an order passed, under Section 36 sbaU be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five 'hundred rupeea. or with both ; Provided that if the offender be a woman, the Maaiatrate shall, except for reasons to be recorded in wri&ins, dispense with her presence and permit her to appear by an a1ent, authorised by writina under the signature or thumb impre aion of the Woman, attested by a lambardar or some other respectable peraoa. 42 Hazara Fore3t Act 19;6 . 38. Power to clo1e Ind Illicitly c■ltiHted.-ln 1111 cases of illicit cultivation 10 any r~ser:ved forest or protected waste land {w.-iller or not any punishment has been 1081cted under Section 9 or Section 26) the Deputy Commistiiooer may dem~rcated th~ land 10 cultivated, and may suspend the exercise in such land of al] rights therein for two years or for such longer time as may be necessary for !be reprodu ction ~f any trees, brushwood or truf that may have been destroyed 10 order to 1t1 cultivation. 39. Power t• selzare of forest prodaa unlawfully re•••ed.-Any Revenue, Police or Forest Officer may seize : (a) any forest-produce which be bas reason to believe baa been obtained or is being transported , contrary to any provision of this Act, or of any rules or orders made there under ; and (b) any tools or carriage, waaon, cast, truck or other vehicle used in the commission of any offence against such Act, rules or orders ; (2) Such seizure shall be reported forthwith to the nearest Magistrate havin1 j orisdiction in respect of such offence. (3) All forest-produce in respect of which an offence under this Act or any rule made tbere under has been committed, any tools or carriage, wagon, cart or other vehicle U!led in committing any such offence, shall offence, shall be liable to confiscation. . (4) When the offender is not known or cannot be found, the Magistrate may, if finds that an offence bas been committed, direct that any thin1 seized under sub-sectioa '1) shall be confiscated. COMMENTS Conveyance of offender cannot automatically be forfeited without order of Maaistratc Forest" Act ,19Z7 and North West Frontier Province Forest produce Transport Rule 197S. Section 41 of the Fore.t Act jg para mention with Section 29 of the N:>rtb West Frontier Province Hazua Forest Act, 1946 in 1ivin1 powef to the L-:>cal Goveroment t:> mike rules to regulate the control of timbers and other forest Produce in transit. [PLO 1976 Pesh. 144). In the Notification No. 13938 T.P. it is clear that it was published under Section 29(b) of the Act. So for as rule 3 in it is concerned, it appears to be un ecceptional as to probibit the transportation of timber by )and within the limits of Hazara District, bet.,een the hours of sunset and sunrise, is within the ambit of expresrion •·re1ulate" used in Section 29 of the Act. But this would not mean that t~e contravention of this rule 3 an accused would automatically for• feit his conveyance is ultra vlre3 of the power of the Province Government, aa by Sub-section (d) of Section 29 of the Act the only power given to it by the le1islature was to frame rules to re1ulate the import of timber into the Hazara District and to prescrib:d penalties for the infringencent of such rules imprison ment which may extend to six months, or fine which may extend to five hundred rupees, or both. Section (d) of Section 29 of the Act and consequently it bad no authority to provide in rule 11 that the offender would automatically lose their conveyance. 40. · Power to release property seized under Sectlo■ 39.-Any Revenue officer or ·any Forest officer of a rank not inferior to that of ~ Ranier who, or ~~os, subordinate bas seized wagon, cart, truck or other vehicle under the prov111ona Haurra Fore8t Act 19.,,-6 4J <Jf Section 39, may release the same on the execution by ~he owner thereof ?f a bound for the production of the property so released 1f and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure bas been made. 41. Panisbmeot for wroogfal seinre.-Any Forest Officer or Police officer who vexatiously and unnecessarily seizes any property on presence of seizins property liable to confiscation under this Act shall be punishable with imprison ment for a terms which may extend to six months, or with fine which may ex tend to five hundred rupees, or with both. 42. Penalty for counterfeiting or defacin1 marks on trees and timber or altered bo■ndary mark.a -Whoever with Intent to cause damage or injury to the public or to any person or to cause wrongful gain as defined in the Indian Penal Code :- · (a) knowingly conterfcits upon any timber of standing tree a mark used by · Forest Officers or other person to indicate that such timber or tree is the property of the Government or of such other person, or that it may lawfully be cut or removed by some person ; or (b) alters, dcfacCtJ or obliterates any such mark placed on a tree or on tim ber by or under the authority of a Forest Officer ; or (c) alters, moves. destroys or defaces any boundary mark of any forest or waste-land to which the provisions of this Act arc applied : shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both : Provided that if the offender be a woman, the Maaistrate, shall cxcrpt for reasons to be recorded in writing, dispense with her presence and permit her to ·appeer by an agent, authorised by writing under the signature or thumb impres sion of tbe woman, attested by a lambardar or some other respectable person. 43. Power of arrest.-(1) Any Revenue, Otficer, Police, ·Forest or village forest officer may arrest without a warrant any person committina within hit sight an offence punishable under this Act. (2) Every officer making an arrest under this section shall without unoecea sary delay, and subject to the provisions of this Act as to rele86e on a bond, take or. send the reason so arrested to the nearest Magistrate or Po lice station, there to be released on bail or personal recognizance pendin1 the trial of the case . .U. Power to release oa lto■d • perso■ arrested.-Any Revenue otBccr or .any Forest officer of a rank not iofedor to that of a Ranae officer who or whose subordinate, has arrested any person under the provisions of Section 43 may release auch person on his executing a bond to appear, if and when so required, before the Maaistrate having jurisdiction in the case, or before the officer in ~bar,c of the nearest police station. 45. Power to compoaad offeaeea.-(1) Tbe Government may, by· notifica• tion in tho official Gazette empower any Forest Officer : {o) to accept from aoy person a1ainst whom a reasonable suspicion exist• that be has committed any forest offence, other than an offence apccifi• Hazara, Fors~t Act, 19· 6 ed in Section 41 or Section 42, a sum of money by way of compensa• tion for the offence which such person is suspected to ba-ve committed ; and (b) when any property bas been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer. (2) On the payment of sqch sum of money, or such value, or both, as the case may be, to such officer, the 1uspected person, if in custody, shall be dis charged, the property, if any, seized shall be released, and no further proceed ings shall be taken aaainst such person or property. (3) No Forest officer shall be empowered under this secrion unless he is of a rank not inferior to that of Ranger, and is in receipt of a monthly salary amount• ing to at least one hQndred rupees, and the sum of money accepted as compen sation under sub-section (1), Clause (a) shall in no case exceed the sum of fifty rupees. 46. Procedare.-AII proceedings relating to offences and criminal liabilities under this Act shall be go·verned by the Code of Criminal Procedure 1898. 47. Jlll'isdlctloa.-.(1) No Civil Court shall exercise jurisdiction over any of the folJowing matters, namely : (a) any matter provided for in Sections 3 to 25 both inclusive ; (b) any matter provided for in Sections 35, 36 and 38. (2) lo the matters referred to in sub-section (1) jurisdiction shall rest wit'3 the R~venue officer only and all proceedings shall be governed by t~e procedure prescribed by Jaw for tbe time being in force for the regulation of such proceedings. . (3) Every order passed by a Revenue officer in exercise of t~e above juri~~ic t1on shall be subject to such rights of appeal and powers of review and rcvmon •• arc provided in Sections 80 to 84 of the Punjab Tenancy Act 1887. CHAPTER Viii-Cattle Tresspus 48. Cattle Tresspass Act to apply.-(1) Cattle trcsspassing in a reserved forest or in any waste-land set apart or protected under Section 14, Section 15 or Section 16, or in any area which has been closed to grazina under Section 35, shall be deemed to be cattle doieg damage to a public plantation within the meaning of Section 11 of the Cattle Tresspass Act 1871, and may be seized and impounded as such by any Forest or village Forest Police officer. (2) The Local Government may. by notification in ihc Official Gazette, direct that the lieu of tbe fines imposed by Section 12 of the said Act there shall be levied for each bead of cattle impounded under sub-section (1) such fines aa· it may thing fit not exceeqing the foHowing, that is to say :: For each buffalo or camel For each horse, mare, gelding, pony, colt filly, mule, buJI, bullock, cow or heifer. For each calf, ass, pig. ram, sheep, lamb, goat or kid. Rs. Rs. 2 l 0 00 00 50 Houro Jlo,ut Aflt, 19,]6 4J Provided that : (a) when cultivation• closely adjoins th~ boundary or a Forest, no cattle 1trayin1 from such cultivation or its neighbourhood shall be liable to seizure under this section unleu the forest in that part adjoining the said cultivation bas bee11 rtearlv demarcated, and ; (b) no cattle shall bs, liable to 1eiz11rc u,hicb arc! bciina lawfolly driven along a road or track on which a right of way exists even though they stray from such road or track. ; so l001 as driver bas used reaaonable cart: and dihMence to prevent his cattle from so straying and to drive back such astray. CHAPTER IX-Forest-Officer~ 49. Conferment o■ forest ollcer of powera of Depaty ~ ... "".-l•lo■er or Aaafstaot Collector.-Tbe Local Government may invest any gazette Forest officer with all or any of the powers of a Deputy .Comma~;· :~r under this Act and with all or any of the powe,s with which an Auittant-Collector may be invested under the provisions of the Punjab Land Revenue Act, 1877. Provided that any Forest officer invested with any powers under this section shall exercise such powers subject to the control of the Deputy Commissioner of the Hazara District. 50. Coaferaeat oa Forest elleer of eertaln ether •••--•-(I) The Local Government may invest any Forest officer with all or any of the followin1 powers, that is to say :..:.. (a) power to enter upon any land to survey, demarcate and malfe a may of the same; (b) powers of a Civil Court to compel the attendance of witness and the production of documents ; (e) power to issue a serch warrant uader the Code of Criminal Procedure, 1898; (d) power to bold inquiry into forest-offences, and in the course of suah inquiry, to receive and record statement. (2) Any statement recorded under clause {d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate to the same extent as statements recorded by the Police during the investiption. 51. Forest olftcers, Pabllc senaots. -All Porest-officen sbalJ be deemded to be public servants within the meaning of tbe Penal Code. S2. Foreq officers, not to trade.-Bxcept with there permission in writing of the Local Gilvernment. no Forest-officer shall, as principal or aaent, trad e in timber or any forest-produce or be or become interested ia any lease of any forest or in any contract for working any forest, whether in Britilb or foreign.. territory. CHAPTER X s.,,a-•t•I Prftlll ... S3. .Uditloaal ,-wen to -te nles.-(1) Tile Local Gonrnment may ,make rules to carry out the objecl• and purposes of tblti Act. '6 (2) In particular and without prejudice to the generality of the foregoin1 power, &ucb rulf's may : (a) prescribe and limit the powtrs and duties of :any Forest-officer under this Act ; (b) pro•ided for the disposal of tbe proceeds of fine, confiacation and other sums rccei-.ed under this Act and tho re1ulation1 of rewards to be paid tberef rom to officers, informers and others. (c) proYide for the preservation, reproduction and disposal of trees, brushwood and timber produce ~n waste-land,. 54. Nlkatlo■ of ndea ID ollclal c;;.zette.-All rules made under this Act shall be published in the official Gaiette, and on such publication shall have effect 11 if enacted in this Act. • 55. ••••••• for adl doae ID tood falt•.-Subjcct to the provjsion■ of Section 41, no suit, prosecution or other proceedin1 shall be entertained in any• Court a1aln1t any public sernnt for anything done io pursuance of execution of tbis Act or done in 100d faith and in intended execution of this Act. 5'. lean,, of ■OMJ dae to tlle Gonrnmeat.-All money payable to the Government under this Act, or any rule made thereunder or on account of the price of any forest-produce or of expen&es connected with any act dor.e in accordance •itb tbe provi1ions of this Act or the rules made under it in respect of ,uch prodacc, piay, if not paid when due. be recovered under the law for the time-beio1 in force, as if were an arrear of land-revenue. COMMBNTS S. 82 aod Hazara Forest• Act (VI of 1936), S. 56-Arreas of duty on timber Recovera.blc H land reYenue-Amount deposited on account of demands of duty-Claim for rcfund-'Limitation Act (IX of 1908), Art. 16 ((Muhammad Gui Muhammad ,Afzal Checma, JJ.) Muhammad Gui ,. Govt. of N.W.F.P, t97S S. M. ll. 207). 57. Reco•ery of peNltla . .er lto■d.-Wben aoy person in accordance with any p1oviuon of this Act or in complicance with any rule made there under binds himself 1ty any bound or instrument to perform any duty or act, or cavenents by any bound or instrument that he, of that be and his servants and 11ent1, will abstain rroln any act, the sum mention cd in such bond or instrument as the amount to be paid in c:ase of a breach of the conditions there <>f may, ootwitb1tai:adin1 anytbin1 in Section 74 or the Contract Act, 1872, be recovered from him in ca,c of such breach as if it were an arrear of land rneouc. 58. a-,eal of Replatlo■ JU ef ltil.-Thc Hazara Forest Regulation (l!I of 1911) is hereby repealed. Scientiff' name Abie• Webbiana. Acer Cilesiu m Acer-cultratum Acaia Catecba. Modesta. Acsculus Indica Ainus Nitida Albizzia Lebbek. Baninia Variegata. Betn)a Util1. /fau,rQ Forul -'el 19--,16 SCH.BULB I LIST OF PROTBCTBD TRBBS ( Su s,c1lo,e 2 (n) Local Name Bn1li1b Name Pa)udar acba• Himalayao Silver fix. } Tritao. l Tarkan. Maple. Tarkana. J ~hair. Cutcb. J Phula. } Acacia Pbulab. Bankbor. Indiaa Horse Cbe1t nut. Sboro). Alder. Sirin. Siri1. Kacbnar. Bburj Bricb Bambax Malabaricum. Simbal. Silk Cotton nee. C4ssia Fistula. Amaltas. Indian :Laburnum. Cedrus Libani. Diodiar .. Deodar. 1 Batakar. I Neflle-tree. J aaktara. Cedrela Toona. Drawa. Tooa Cedrela Serrata. Drawa. Hill Toon. Cornus Macropbylla. Kaodar . .. Dalbergia Siuoo. Tali. Sbi1ham. Diosppos Lotus. Amiot. European date palum. E1ueoia Jambolana. Jamman. Black pl~m. Bbretia ScU1Dinata. Punab ·-. Bucalyptus Sp. Good . Ficus Beoaalensis. aor. Banyan. Ficus Roxbu~1bii. Barb or Hurmul. Ficus Reliaalcnsis. Pipal Pipa). FraxiDus Flori• Sum Asb. benunda. 48 Fraxinu1 Xaatoxyo ide1. Oovewia Oppo1if olia. JugJans Re1ia. Melia Azcdaracll. Morua Alba. Olea Fc:rru1inea. OJca Glandulifora. Phoebe Lancealta. PhyJJanthus Bmblioa. Picea Morinda. Pinus Cogifolia. Pious Bvcelsa. Pieris Ovalifolia. Pistacia Integerrimd. Plaotamus Orieotalis. Populus alba. Populus ciliate. Pronus Padus. Pyrus Pashia. Quercu.s Se mearpifolia Quercus Dilatata. Qucrcus Hex. Qucrcus Iocana. Quercus Olacua. kbododcndroo Arboreum Salix Tetraspe~ma. Tamarisk articulata. TuusBaccata. Ulmus, Wallicbia.na. Ulmus, Villou. l Ht1Z11ra Por,,t .4et, 19(,6 Hanza Dhamman. Aklarot. Akbor. Dhrek:. Tut. Tutli. Kao. Banho. Chan. Amla. Kachal. Chir Bar. RattaJ1k:ath. Kanger. Cbenar. Sofada. Palach. Kala Kat. Batan1i. Bancbar. Baruogi. Rbio. Thin. Barim. Renatol. Cbhaq. Bis, bini, Rukh. Barmi, thuoi. Kain. Manou. SCHEDULE II (Ste St1etlon 2 (h) Walnut. Persian Lilac or Bastx:rd Cedar. While Mulberry. Indian Olive. Himalayan Spruce. Long-leucd pine. Blue pine. Pistachio. Plane. White Poplan. Himalayan poplar. Bird Cherry. Wild pear. Brown oak. White Oak. Holm Oak. White Oak. Oak. Rhodendroo. Willow. Tamarisk. Yew. Larae leaved elm. Small leaved elm. Kaabao, Jared, Bbunia. Manur, Phagal,· Bbutanctei. Kambal-ba n, Kbu,ai, 9uban, Bela, Sacha, Cbudlal, Paras San1ar, Cbnul, Hioarai, Balakot, Khaa Bat1bi1ar, Bibbara, Patlang. Jigu, Mitti tot, Ohanela, Kbet, Sarasb, Satb1Eni, Kansbi1n, Kumt,i, Jtbugiri, Bbanaia, Josacb.