Forests (Appeals) Rules, 1959 (G.N. No. 250 of 1959)

G.N.1959 No. 250 RULES OF COURT Under section 6 (6) THE FORESTS (APPEALS) RULES, 1959 1. These Rules may be cited as the Forests (Appeals) Rules. 1959. 2. For the purpose of these Rules "District Commissioner" means the person from whose determina tion an appeal is preferred to a Resident Magistrate pursuant to the Ordinance; "Resident Magistrate" means the magistrate to whom an appeal lies pursuant to the Ordinance. 3. (1) Every appeal to the Resident Magistrate shall be preferred in the form of a memorandum signed by the appellant or his advocate and presented to the Court of the Resident Magistrate. (2) The memorandum shall set forth concisely and under distinct heads the grounds of objections to the determination appealed from, without argument or narrative, and such grounds shall be numbered consecutively. 4. The Resident Magistrate on receipt of the memorandum shall forthwith send notice of the appeal to the District Commissioner, who shall on being served with such notice transmit with all practicable dispatch to the Resident Magistrate all papers and exhibits relevant to the appeal, including the record of evidence, together with any material which may be specially called for. ]i'uTn!s [CAP. 389-Supp. 59 5 [Subsidiary] Such papers and other material (if any) shall be incorporated in the record of the appeal for the purposes of hearing the appeal but shall be returned to the District Commissioner after the deter mination of the appeal. 5. Order XLI of the Indian Code of Civil Procedure, in so far as it is not inconsistent with the provisions of these Rules, shall apply to appeals under the Ordinance. RULES Under section 30 THE FOREST RULES, 1959 G.Xs. 1959 Xos. 76, 138, 243 and 267 1. These Rules may be cited as the Forest Rules, 1959, and shall Short title come into force on the 1st day of April, 1959. and commence ment 2. The expressions used in these Rules shall, unless the context Interpreta otherwise requires, have the meanings respectively assigned to them tion in section 2 of the Forests Ordinance (hereinafter referred to as .. the Ordinance"). 3. A District Commissioner or other person who has determined Rec?rdin~ rights in relation to land or forest produce under subsection (4) of of rlg~tsr section 6 of the Ordinance to be lawfully exercisable within any ~~~~: 0 area to be declared a forest reserve, which rights have not been rese~es and voluntarily surrendered under subsection (8) of section 6 of the ~:::~~gi~f Ordinance, shall record such rights in a schedule stating inter alia respe::t of the nature and extent of the rights which have been determined, such rights the names and addresses of the persons lawfully exercising such rights, and, if the rights are confined to a particular locality, the locality in which the rights are lawfully exercisable, and such schedule shall be transmitted to the Chief Conservator who shall cause the said schedule to be published in the Gazette at or about the same time as the publication of the order declaring the said forest reserve : Provided that where such rights .are lawfully exercisable by a group of persons such group may be designated in such a way as the District Commissioner deems fit so as to identify the persons entitled to exercise such rights but without necessarily specifyinz their names. 4. At any time after the publication of a schedule recording the Applicati.oD rights under the provisions of rule 8 of these Rules any person or for perullU group of persons named in the Schedule may apply to the Chief Conservator for permission to exercise the right recorded to be exercisable by them 6 CAP. 389-Supp. 59J Forests '~-'-------' [Subsidiary] Classifica tion of trees Disposal of forest produce Disposal of forest produce at prescribed feee (a) if the application is made by a person on his own behalf on Form A in the First Schedule hereto; and (b) if the application is made on behalf of a group of persons on Form B in the First Schedule hereto. 5. For the purpose of fixing fees which may be charged here under, trees shall be classified in the categories set out in the Second Schedule hereto. 6. The Chief Conservator and officers so authorized by him may dispose of forest produce (a) at the fees prescribed in Part A of the Third Schedule hereto or alternatively in the case of forest produce on unreserved lands at the fees prescribed in Part B of the Third Schedule hereto; or (b) by public tender; or (c) by public auction; or (d) by private treaty. 7. The disposal of forest produce at the fees prescribed in Parts A or B of the Third Schedule hereto shall be subject to the follow ing conditions : (a) where a maximum and minimum fee is prescribed, a Senior Forest Officer shall fix the fees after considering the species, size, the accessibility and the potential market value of the produce concerned; (b) the fees prescribed shall applY to produce which is felled and harvested and collected by the purchaser; where such produce is felled, prepared, delivered or otherwise dealt with or disposed of by a government servant acting in the scope of his employment, the Chief Conservator may, on behalf of Government, in addition to the fee prescribed for such produce charge a further fee being not more than three times the said prescribed fee. (c) any Senior Forest Officer may allow remission of all or part of the fees payable when in his sale discretion he deems that natural defects in forest produce have materially reduced the value of such produce to the purchaser, provided that no defect which the Senior Forest Officer deems to have been caused by the neglect of the purchaser or his servants shall be taken into account; (d) if when charging the fees set out in Part A of the Third Schedule the Chief Conservator of Forests is satisfied that it. is necessary for logs to be moved more than twenty-five miles from the nlace of felline: to the place of sawina or for [i'orests L CAP. 389-Supp. 59 7 [Subsidiary] sawn timber to be moved more than twentvfive miles from the place of sawing to the nearest point of sale, railage or shipment, whichever is the nearest. a rebate of fees may be allowed at the rate set out in the Fourth Schedule hereto: Provided that no rebate for distance shall be allowed when the fees prescribed in Part B of the Third Schedule are charged. 8. The marks, brands, and tags delineated in ths Fifth Schedule Registered hereto shall be the registered Forest Department marks, brands nForest d t ti I f h f id of' epartmentan ags respec ive y or t e purposes a ! entr Ylllg- marks, ( ) f d hori d b k ,. brands anda orest pro uce aut onze to e ta en from terntonal forest tags reserves or unreserved land; (b) forest produce which has been seized or forfeited; (c) livestock licensed to graze in territorial forest reserves; (d) territorial forest reserves. 9.-(1) Any person who, unless authorized to do so by a Senter Removal of Forest Officer, removes from a territorial forest reserve or from forest the place of felling or collection on unreserved land any trees, produce timber, logs, poles or firewood for the taking of which a licence or permit is required unless and until such trees, timber, logs or poles have first been marked by a Forest Officer with the appropriate registered Forest Department mark or unless and until such fire wood has first been measured by a Forest Officer, shall commit an off~nce against these Rules. (2) Any person who, without lawful authority, removes from the place in which it is situate any forest produce marked with the registered Forest Department mark denoting that such produce has been seized or forfeited, shall commit an offence against these Rules. 10.-(1) The Chief Conservator of Forests and officers authorized Cultivation, by him may issue licences for the cultivation of crops and the grazing, grazing of livestock within forest reserves and the fees for such ::~lding licences shall be those set out in Part A of the Sixth Schedule.residence in The cultivation fees shall be determined according to the fertility forest of the soil, the nature of the crop, the accessibility of the area, reserve. the availability of water and the amount of clearing to be done by the Licensee, and the grazing fees shall be determined accord ing to quality and accessibility of the grazing, the water available and the amount of clearing to be done by the Licensee. The Chief Conservator of Forests may waive the fees if, in his opinion, it is to the advantage of the management of the forest reserve to do so. 8 CAP. 389-Supp. 59] [Subsidiary] Forests Identifica tion of livestock licensed to graze in forest reserves Identifica tion of forest produce taken from local authority forest reserves Closure of roads (2) The Chief Conservator of Forests. and officers authorized by him, may issue licences to reside or to erect buildings for uther purposes within a forest reserve and the fees shall be those set out in Part B of the Sixth Schedule. The fees shall be determined according to the nature of the buildings, accessibility of the area. and the use to which the buildings are to be put. The Chief Conservator of Forests may waive fees for residing or for erecting buildings within a forest reserve when. in his opinion. it is to the advantage of the management of the forest reserve to do so. 11.-(1) A Senior Forest Officer may at his discretion require to be branded or tagged with a registered Forest Department brand or tag any livestock which is licensed to graze in a territorial forest reserve. (2) In any territorial forest reserve in respect of which livestock licensed to graze is required to be branded or tagged in accordance with paragraph (1) of this rule, no person shall graze any livestock which has not been so branded or tagged: Provided that the provisions of this paragraph shall not apply to the offspring of livestock licensed to graze in a territorial forest reserve which, in the opinion of the Chief Conservator, are too young to be branded or tagged. 12.-(1) Any local authority which disposes of trees, timber, logs and poles from a local authority forest reserve shall, before such produce is removed from the said reserve, cause it to be marked with a distinctive mark, for the purpose of identifying such produce. (2) For the purposes of this rule, any local authority which disposes of forest produce shall adopt a distinctive mark which shall differ from the registered Forest Department marks, and shall notify the Chief Conservator of the pattern of such mark. 13.-(1) Any Senior Forest Officer may • (a) close to traffic any roads or tracks, other than public high ways, in territorial forest reserves for such period as he may consider necessary either for the purpose of repair, main tenance or protection of such roads or tracks, or for the protection of forest produce or Government property within the reserve from damage caused by the condition of the roads or tracks, or for the protection of forest produce or Govern ment property within the reserve against tire or theft; (b) restrict the types, weights and sizes of vehicles which may use any road, track or bridge, other than public highways, in territorial forest reserves. Furlsts LOAP. 389-Supp. 59 9 .-.- . •.. [Subsidiary] (2) Any such closure or restriction shall be notified to the public by notices in English and Kiswahili placed in conspicuous positions at all ell trances to the forest reserve affected bv such closure or restriction, and any person who causes or permits "any vehicle to use any road or track in contravention of such closure or restriction shall, provided that such closure or restriction has been notified in accordance with the provisions of this paragraph, be guilty of an offence against these Rules and shall be liable on conviction to a fine not exceeding two hundred shillings. 14. Any person who lights fires, smokes, carries, kindles or Restrictions throws any fire or inflammable material in anv forest reserve or in reapect • • of fire area of any forest reserve where such acts have been notified as being forbidden by a written notice placed in a conspicuous position in such forest reserve or area in English and Kiswahili upon the instructions of or purporting to be issued by order of the Chief Conservator shall be guilty of an offence against these Rules. 15.-(1) The Chief Conservator of Forests may for such period Closure of as, in his opinion, is necessary make orders for the closure of any forest forest reserve or area within a forest reserve to protect such reserve reserves or area from fire and it shall be an offence against these Rules punishable on conviction by a fine not exceeding two hundred shillings, for any person to enter or be in any such reserve or area other than officers of the Government or of a local authority managing the reserve acting in the execution of their duties or other persons authorized by a Senior Forest Officer or by the local authority forest manager if the reserve be a local authority forest reserve. (2) Any order for the closure of a forest reserve or area within a forest reserve made under the provisions of paragraph (1) of this rule shall be notified to the public by the exhibition of notices in English and Kiswahili at the office of every District Commissioner within whose district any part of the said area is situate or by notices placed at intervals along the boundaries of the said area. and in such manner as meoy be customary in the area concerned. 16. The form of agreement set out in the Seventh Schedule shall Compound be used in compounding offences under section 21 (iii) of the ing offences Ordinance, and the form of receipt to be given to a person who compounds an offence shall be a General Revenue Receipt. 17. Any person who is convicted of an offence against these Penaltiea Rules shall, unless some other penalty is provided, be liable to a fine not exceeding three thousand shillings or imprisonment tor a term not exceeding six months or to both such fine and such imprisonment. 10 CAP. 389-Supp. 59J [SubsidiarYJ Forests FIRST SCHEDULE (Rule 4) FORM A APPLICATIOX BY AX IXDIVIDGAL TO EXEHCISE A HIGHT IX A FOREST RESERVE In accordance with section 8 of the Forests Ordinance I, slo ..............................of do hereby apply for the right(s) to . . . in the Forest Reserve in District. I certify that this right/these rights have been recorded in G.N .. of . Signature or Mark Witne" FolUl B APPLICATION BY A GROUP OF PERSONS TO EXERCISE A RIGHT IN A FOREST RESERVE In accordance with section 8 of the Forests Ordinance I, slo .............................................of do hereby apply on behalf of the group of people known as and uk that a permit be given to me in writing authorizing the said group of people to exercise the following right(s) in the Fore.t Reserve in .. Di.u-ict . I certify that this right/the.e rights have been recorded in G.N .. of as being exercisable by the group of people known as and I certify that I have been authorized by this group of people to apply for this right on their behalf. Signature . Date . Witness .. Witness . SECOND SCHEDULE Botanical Name ()lIloroplwra ezcel,a Dalbergia melanozylon (Rule 6) CLASSIFICATION OF TREES Engl~h Vernacular Of' Trade Name CUll I. A Iroko, M'"l1e CUll I. B African Blackwood, Mpingo, Mugembe