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Section 6: Seizure and seized articles

The Meghalaya Tree (Preservation) Rules, 1976State Rules of Meghalaya · 1976

how to be disposed –

(1) Seizure of any tree or produce thereof or any articles under Section 6 (1) 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 –

(1) 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 (1)

(b) A detailed offence report in Form IX.

8. Offence report how to be disposed –

(1) 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 Act shall be maintained by the Divisional Forest Officer in Form No. XI.

FORM NO.I Rule 3(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 burn uproot/lop/cut/the trees particulars of which are mentioned below. I shall be responsible for any damage that may be caused during felling /burning/uprooting/lopping/cutting the trees and shall compensate for any such damage.

*Strike out whichever is not applicable.

1.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 holding/House No …………………………………………….

(b) Ward ………………………………………………………………...

(c) Road/Locality ……………………………………………………….

(d) Patta No……………………….. in the name of…………………….

…………………………………

4.Ownership of the land/trees…………………………………………………………………….

5.If applicant is not the owner, whether owners written consent obtained (enclosed in original)………………………....

6.Reasons for felling: (Mark appropriate reason) – Dead Dying Diseased Wind fallen Has become dangerous to life and property Any other reasons (give details):

The particulars furnished above are true to the best of my knowledge and belief.

Dated …………………… The………………………. (Signature of the applicant) No. ……………………....Dated…………………..

Form No.II Rule 3(3) From: The Divisional Forest Officer Khasi Hills Forest Division, Shillong.

To: Shri/Shrimati……………………………………………….

……………………………………………………………..

Sir/Madam, Your application dated…………………………………….. for felling of…………….

……………………….. trees in……………………………………. areas has been received in this office on …………………………….. day of ……………………..20…….

Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong.

Form No.III Rule 3(4) Meghalaya Tree (Preservation) Rules, 1976.

Register of receipt and disposal of applications for felling trees under Section 3 (1) Serial No.

Name and address of applicant Date of receipt No. and date of acknowledgement Application for No. & Date of calling report Date of receipt of enquiry report Order of the D.F.O.

with date Order communica ted to applicant vide No.

and date Remarks No.

Species and size of trees Location and reasons for felling furnished.

1 2 3 4 5 6 7 8 9 10 11 Form No. IV Rule 4 (2) Meghalaya Tree (Preservation) Rule, 1976 No …………………………………. Dated………………………… To, The Divisional Forest Officer, Khasi Hills Division, Shillong.

Sub: Application for felling of trees submitted by Shri/Shrimati…………………………………….

Ref: Your order vide…………………………………….dated……………………………………...

Sir, I have conducted the necessary enquiry on the aforesaid application in the presence of the applicant/applicant's representatives on……………................................... My report is as follows.

(1) 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 felling/lopping/uprooting/cutting/damaging the trees is necessary/unnecessary for the following reasons.

and I recommend/ do not recommend their felling/lopping/uprooting/cutting/damaging for………………………………….* (Give full reasons) Signature and designation.

Description of the trees of felling is recommended.

Tree No. Species G.B.H. Approx, length of Approx. quantity of utilizable of firewood bole & volume of timber.

Royalty calculation Form No. V Rule 4 (5) Meghalaya Tree (Preservation) Rule, 1976 No …………………………………. Dated………………………… To, 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:-

1. 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*.

*includes lopping/uprooting/burning/cutting/and damaging.

Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong.

Form No. VI Rule 4 (6) Meghalaya Tree (Preservation) Rule, 1976 No …………………………………. Dated………………………… From: Divisional Officer, Khasi Hills Forest Division, Shillong.

To Shri/Shrimati…………………………………………………………………………………… Sub: Falling of trees.

Ref: Your application dated……………………………………………………………...for felling* 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.

Form No. VII Rule 6 (1) Meghalaya Tree (Preservation) Rule, 1976 No ……………………………… Dated………………………… From: ………………………………………………….

……………………………….Forest Range/Beat …………………………………………Shillong.

To The Divisional Forest Officer, Khasi Hills Forest Division, Shillong.

Sir, I have the honour to report that this day I seized the following property of …………………...

son of ………………………………….of village/ward No……………………………Thana………..

……………………………..for an offence committed in the ……………………………. punishable under Section 5 of the Meghalaya Tree (Preservation) Act, 1976.

1. ………………………………………………………

2. ………………………………………………………

3. ……………………………………………………… Yours faithfully ...……………………………...

……………………..Range/Beat No………………….. Dated……………………… Copy forwarded to the District Magistrate, Khasi Hills, Shillong.

Yours faithfully, Divisional Forest Officer, Khasi Hills Division, Shillong.

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 Name Father’s name Place of residence Village Thana District 1 2 3 4 5 Name of Witnesses Name Father’s name Place of residence Village Thana District Full Report of the Facts Enclosed Forest Department, Meghalaya, Khasi Hills Division, Offence Report No………………………………….Dated…………………………………………….

Memo No……………………………………dated…………………………………………………….

Forwarded to the District Magistrate, Khasi Hills, Shillong with an application for issue of process and the following documents:- …………………………………………………………………………………………………………..

…………………………………………………………………………………………………………..

…………………………………………………………………………………………………………..

Divisional Forest Officer, Khasi Hills Division, Shillong.

FORM NO. IX Rule 7 (2) (b) Meghalaya Tree (Preservation) Rules, 1976.

Offence Report No…………………,dated……………………………....................................

…………………………………………………………………………..Beat/Range.

Full report of all the facts in detail.

(To be framed not later than the day after occurrence) …………………………………………… ……..…………………………Beat/range.

Statement of the accused Signature of accused FORM NO. X Rule 8 (1) Meghalaya Tree (Preservation) Rules, 1976.

Forest Department::Meghalaya Khasi Hills Division: Shillong Memo No………………………… Dated………………………………..

From: The Divisional Forest Officer, Khasi Hills Forest Division, Shillong.

To The District Magistrate, Khasi Hills District, Shillong.

CASE STATUS VERSUS………………………………………………………………………….

Re: Offence U/S 3 read with Sec. 5 of the Meghalaya Tree (Preservation) Act, 1976.

Sir/Madam, 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.

FORM NO.XI Rule 9 Meghalaya Tree (Preservation) Rules, 1976.

Register of offences detected under section 6 (1) of the Ordinance.

Action by Divisional Forest Officer No. and date of registration of the case in Court Order of the Court with date Seized property how disposed Value (if any realised) Reference Cash Book Dr. item REMARKS Result of Divisional Forest Officer’s enquiry (if any) Date and order of Divisional Forest Officer dropping the case Rule 8

(2) No. and date of forwarding the case to the Court Rule 8(1) 11 12 13 14 15 16 17 18 19 Serial No. Date of detection Nature of offence Place of occurrence Name of detecting officer with designation No. and date of seizure Date of receipt of seizure report No. and date of forwarding S.R.to Magistrate Offence Report No. and date Date of receipt 1 2 3 4 5 6 7 8 9 10 F.D. FORM No. 3 Rule 6 (4) FOREST DEPARTMENT, MEGHALAYA…………………………………………………………………………………...DIVISION Forest produce and other property seized and disposed of during the month of……………….20……..

Forest produce or other property seized Locality where stored or person to whom entrusted Property released and date of release Property made over third parties and date of making over.

Property confiscated to Govt. by order of Court and brought on to stock with date of order Property sold and date of sale Amount realised by sale Property not disposed of during the month Remarks Date of seizure Description 1 2 3 4 5 6 7 8 9 10 Necessary particulars of items in column 9 will be brought forward in the next month’s form and shown in red ink in column 1, 2 and 3.

P.C.MISRA, Secretary to the Govt. of Meghalaya, Forest, etc., Department THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT AMENDMENTS TO THE MEGHALAYA TREES (PRESERVATION) RULES, 1976., AMENDED AND UPDATED UPTO THE YEAR - 1976.

Where this provision sits

ActThe Meghalaya Tree (Preservation) Rules, 1976
Section6
Marginal noteSeizure and seized articles
JurisdictionState of Meghalaya
StatusIn force as published by the source

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