Meghalaya Trees (Preservation) Rules, 1976

6 The 20 110 August, 1976 No.MFG.23/2/72-76: - In exercise of powers conferred by Section II of the Meghalaya Tree (Preservation) Rules, 1976, the Government of Meghalaya is hereby make the following rules namely: THE MEGHALAYA TREES (I'RESERVATION) RULES, 1976. I. Short title, extent and commencement: - (I) These rules may be called the Meghalaya Tree (Preservation) Rules, 1976. (2) They shall extend to the areas where the Rules is in force. (3) They shall come into force, with effect from the date of their publication in the Official gazette. 2. Definitions : - In these rules unless the context otherwise requires: ( I) Conservator of Forests - means the Conservator of Forests, Meghalaya. (2) Divisional Forest Officer - means the Divisional Forest Officer, Khasi Hills Division. (3) Form - means the form appended to these rules. (4) Rules - means the Meghalaya Tree (Preservation) Rules, 1976 (5) words and expressions used but not defined in these rules but defined in the Rules shall have the meaning respectively assigned to them respectively in the Rules. 3. Application: Application how to be made :- ( I) An applicati on for permission to fell a tree or trees shall be made to the Divisional Forest Officer in Form No.1. (2)The application shall be submitted in duplicate and a court Fee stamp of Rupees three and paise thirty shall be affixed to one copy thereof Application to be acknowledged:- (3) On receipt of an application referred to in sub-rule (I ) duly stamped with proper fee the Divisional Forest Officer shall issue a written acknowledgement in Form No. II. (4)The Divisional Forest Officer shall maintain a register if receipt and disposal of the applications in Form No. III. 4. Grant of or refusal of permission - (I ) On receipt of an applicati on referred to under Rule above, the Divisional Forest Officer may cause such enquiry as he deems fit and 7 call for a report from such forest officer not below the rank of forester within 7 (seven) days from the date of receipt of such application. (2) The enquiry referred to under sub -rule (1) above shall be completed within 10 (ten) days from the date of order and a detailed report thereof submitted to the Divisional Forest Officer, in Form No . IV. (3) In case the Divisional Forest Officer is not satisfied with the report referred to the sub-rule (2) above, he may cause a second enquiry before passing any order on the application. (4) The Divisional Forest Officer on receipt of the report referred to under sub -rule (2) and lor (3) above shall accord such permission to fell the tree or trees or shall reject the application. (5) Permission for felling the tree or trees shall be communicated to the applicant in Form No. V (6) Rejection of the application shall be communicated to the applicant in Form No. VI stating the reasons therefore, 5. Appea l: - (I) Any person aggrieved by the order of the Divisional Forest Officer refusing permission under sub-rule (4) and (6) of Rule 4 may prefer an appeal to the conservator of Forests within 30 (thirty) days from the date of receipt of such order by the applicant. (2) The appeal petition shall be submitted in duplicate and a court fee stamp pf Rs. I I only shall to be affixed on one submitted copy thereof and the same submitted directly to the Conservator of Forests. (3) The duplicate copy of the appeal petition shall be submitted through the Divisional Forest Officer who shall forward the same to the Conservator of Forests with his comments within 7 (seven) days from the date of receipt thereof. (4) The appeal petition shall contain a copy of the order of the Divisional Forest Officer against which the appeal is preferred . 8 (5) On receipt of the appeal petition submitted through the Divisional Forest Officer, the Conservator of Forests may call for such aggrieved party and record his statement before passing orders . 6. Seizure and seized articles: - How to be disposed - (I ) Seizure of any produce or produce thereof or any articles under Section 6 (I) of the Rules shall be reported to the Divisional Forest Officer within 24 hours of such seizure in Form No. VII in duplicate. On receipt of the report the Divisional Forest Officer shall arrange for the custody of the seized trees or articles. (2) The Divisional Forest Officer on receipt of the seizure report , shall forward a copy to the report forthwith to the District magistrate . (3) Any property confiscated under Section 5 shall be disposed off by the Divisional Forest Officer by Public Auction or any other way he deems fit. The sale proceeds thereof shall be duly credited to Government account. (4) A record of all materials seized and their disposal shall be maintained by the Divisional Forest Officer in F.D. Form No. 3. 7. Offence reports how to be drawn - (I ) A report about any person or persons committing an offence punishable under the Rules shall be submitted to the Divisional Forest Officer in Form No. VIII. (2) The report referred to under sub-rule (I ) above shall include: (a) A copy of the seizure report referred to under Rule 6 (I ) (b) A detailed offence report in Form IX. 8. Offence report how to be disposed - ( I) The Divisional Forest Officer on receipt of the offence report referred to in Rule 7 shall cause such enquiry to find if a prima facie case exists and if so shall forward the offence report to the Magistrate with an application for issue of process in Form X. (2) In case the Divisional Forest Officer on enquiry is satisfied that no prima facie case exists he may drop the offence report and order for release of seized property if any. 9. Record of offences detected - A register of all offences detected under the Rules shall be maintained by the Divisional Forest Officer in Form No. XI. 9 FORM NO.1 Rule3(1) (Meghalaya Tree (Preservation) Rules, 1976). To, The Divisional Forest Officer, Khasi Hills Division, Shillong. Sub: Felling of trees within the Municipal area/Cantonment area: Permission for. Sir, I, Shri/Shrimati request the favour of your kindly permitting me to fell bum uprootllop/cutlthe trees particulars of which are mentioned below. I shall be responsible for any damage that may be caused during fellinglbumingluprootingllopping cutting the trees and shall compensate for any such damage . Strike out whichever is not applicable. I . Name of applicant in full: . 2. Full postal address: . 3. Detailed information about the trees felling of which is applied for. (i) Number of trees . (ii) Species . (iii) Location of the trees : (a) Land holdingIHouse No . (b) Ward . (c) RoadILocality . (d) Patta No in the name of 4. Ownership of the land/trees . 5. If applicant is not the owner, whether owners written consent obtanined (enclosed . .. I)m ongma . 6. Reasons for felling: (Mark appropriate reason) Dead Dying Diseased 10 Wind fallen Has become dangerous to life and property. Any other reasons (Give details) The part iculars furnished above are true to the best of my knowledge and belief. Dated The No dated . Form No. II Rule 3(3) From :- The Divisional Forest Officer, Khasi Hills Division, Shillong. To, (Signature of Applicant) Shri/Shrimati . SirlMadam, Your application dated For felling of .trees in area has been received in this office on . day of 200 . Yours faithfu lly, Divisional Forest Officer, Khasi Hills Division, Shi llong. FORM NO. III Rule 3(4) Meghalaya Tree (Preservation) Rules, 1976. Register of receipt and disposal of applications for felling of trees under Section 3(1) \I ;1. Name & Date No. & Application for No .& Date of Order Order Remark : \fo. Address of date of No. Specie s Location date of rece ipt of the communicate of receipt acknowl and size of and calling or DFO d to applicant applicant edgment trees reasons report enquiry with vide and date for felling report date furnished 2 3 4 5 6 7 8 9 10 11 12 Form No. IV Rule 4 (2) Meghalaya Tree (Preservation) Rule, 1976 No . To, The Divisional Forest Officer, Khasi Hills Division, Shillong. Date . Sub: : Application for felling of trees submitted by Shri/ Shrimati . Ref: Your order vide dated . Sir, [ have conducted the necessary enquiry on the aforesaid application in the presence of the applicant/applicant's representatives on My report is as follows. I. The particulars furnished by the applicant about the trees have been found correct/not correct on the following points . 2. The trees are standing metres away from the existing properties/proposed construction duly permitted by the municipality/cantonment authority . The description of the trees and their royalty values are given on the reverse. 3. In my opinion the fellinglloppingluprootinglcuttingldamaging the trees is necessary/unnecessary for the following reasons. And [ recommend/ do not recommend their fellinglloppingluprootinglcutting/damaging for . (Give full reasons) Signature and designation. Description of the trees of felling is recommended. Tree No . Species G.B.H. Royalty calculation Approx, length of utilizable bole & volume of timber Approx quantity of firewood F.D. Form No.3 (Rule 6(4)) FOREST DEPARTMENT, MEGHA LAYA DlVISION Forest produce and other propert y seized and disposed of during the month 19 13 Forest produce or other Property Property property seized confiscated Property Locality made Property to Govt . by not where over to Property released order of Amount disposed stored or third sold and and date Court & real ised of Remark : Date of person of parties date of during Description to whom and date brought to sale by sale seizure release the stock the entrusted of making with date month over of order I 2 3 4 5 6 7 8 9 10 Necessary particu lars of items in column 9 will be brought forward in the next month ' s form and shown in red ink in column I,2,and 3. SdI P.C. MISRA. Secretary to the Govt . of Megha laya Forests, etc., Department No . Form No. V Rule 4(5) Meghalaya Tree (Preservation) Rules, 1976. Dated . 14 From: The Divisional Forest Officer, Khasi Hills Division, Shillong. To, Shri/Shrimati . Sir/Madam, With reference to your application for felling of trees dated and acknowledged vide this office letter No . Dated........................ I am hereby according permission for felling! burning! lopping! cutting! uprooting of Trees standing at This permission is subject to the following conditions, namely : I. You will arrange for felling of the trees. 2. You will be responsible for any damage caused In felling the trees and shall compensate for such damage to the aggrieved party. 3. This permission does not bind the Divisional Forest Officer or his subordinates responsible for any damage whatsoever caused during felling including lopping!uprootinglbuming!cutting!and damaging. Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong. 15 Form No. VI No . Rule 4 (6) Meghalaya Tree (Preservation) Rules, 1976. Dated . From: The Divisional Forest Officer, Khasi Hills Division, Shillong. To, Shri!Shrimati . Sub: Felling of Trees. Ref: Your application dated for felling trees acknowledged vide this office letter No dated . Dear Sir! Madam, The undersigned regrets his inability to accord permission to fell the trees for the following reasons: Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong. 16 Form No. VII Rule 6 (I) Meghalaya Tree (Preservation) Rules, 1976. No . From: Dated . ..................... ..Forest Range/ Beat.. Shillong. To, The Divisional Forest Officer, Khasi Hills Division, Shillong. Sir, I have the honour to report that this day I seized the following property of Sonof ~ vi llage/ward No Thana for an offence committed in the punishabl e under Section 5 of the Meghalaya Tree (Preservat ion) Rules, 1976. I . . . 2 . 3 . Yours faithfully, .................. ..RangelBeat. No . Copy forwarded to the District Magistrate, Khasi Hills, Shillong. Dated . Divisional Forest Officer, Khasi Hills Division, Shillong. 17 FORM NO. VIII RULE 7 (I) Meghalaya Tree (Preservation) Rules, 1976. Offence Report No . Dated . Nature of offence . Dated and hour of detection . Place of occurrence . By whom detected . Offence is punishable under section 5 of Meghalaya Tree (Preservation) Rules, 1976. Name of the accused Place of residence Name Father's name Village Thana District 1 2 3 4 5 Name of witnesses Full Report of The Facts Enclosed (To be framed not later than the day after occurrence) Beat/ Range . Statement of the Accused. Signature of the accused. Forest Department, Meghalaya, Khasi Hills Division, 18 Offence Report No . Memo. No . Dated . Dated . Forwarded to the District Magistrate, Khasi Hills, Shillong with application for issue of process and the following documents: Divisional Forest Officer, Khasi Hills Division, Shillong. 19 FORM NO. IX Rule 3 (I) Meghalaya Tree (Preservation) Rules, 1976. Forest Department: Meghalaya Khasi Hills Division, Shillong. Memo No . From : The Divisional Forest Officer, Khasi Hills Division, Shillong. To, The District Magistrate, Khasi Hills District, Shillong. Dated . CAS E STATE VERSUS . Ref: Offence U/S 3 road with sec.5 of the Meghalaya Tree (Preservation) Rules, 1976. Sir, Whereas the marginally noted persons have committed an offence specified in the accompanying offence report and whereas the facts can be proved by the evidence of witnesses named therein, I have the honour to request that the Court will issue process against the accused and try the case as under such section of the Meghalaya Tree (Preservation) Rules, as may deem applicable. Name of accused. Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong.