(i) On every order passed by the Divisional Forest Officer with respect to any forest contract, the aggrieved may prefer an appeal to the concerned Conservator of Forests within thirty days from the date of receipt of such order:
Provided that no appeal lies if the order of the Divisional Forest Officer is for suspending the work or does not involve an amount exceeding rupees five hundred as penalty.
(ii) The orders of the Conservator of Forests, on such appeal, which may be passed on such enquiry and scrutiny of records as in his opinion are adequate, shall be final.
(iii) The Conservator of Forests may condone delays in preferring the appeals if he is satisfied with the grounds for the delay.
14 THE SCHEDULE [See Rule 2 (i)(h)] FORM-I (See rule 7 (2) of Telangana contract (Disposal of Forest Produce) Rules, 1977) Solvency Certificate Certified that I have examined the solvency of the applicant Sri ..............
.................. Son of /wife of .............................................................resident........Village......... Taluk with reference to the immovable properties standing in his /her own name and possession and enjoyment over which he/she has independent saleable right and I have satisfied myself that the applicant is solvent for Rs.......................................(in words) ........................................after taking into consideration his liabilities on this day and they are free from encumbrances.
Date:
Signature of Tahsildar or Deputy Tahsildar Independent Charge.
Details of immovable property owned by the applicant in his/her name;
1. District
2. Taluk
3. Village
4. Survey No. or House No.
5. Area
6. Wet or dry
7. Land revenue assessment
8. In the case of house, ward no. and name of village panchayat or municipality and also house tax.
9. In whose name the property stands according to revenue account of panchayat or municipal accounts.
10.What are the total liabilities of the applicant on this day.
Signature of Village Officer.
Counter signed:
Revenue Inspector:
Countersigned:
Tahsildar:
15 FORM-I-A [See rule 7 (ii) of the T.S, contract (Disposal of Forest Produce) Rules, 1977) Agents Bank Guarantee Bond (to be issued by approved scheduled banks) In consideration of the Governor of Telangana (hereinafter called “the Government”) having agreed to sell to (hereinafter called “the said contractor(s)”) the right to collect forest produce, under the terms and conditions of sale and agreement made between and for the due fulfilment by the said contractor(s) of the terms and conditions of sale and agreement on production of a bank guarantee in lieu of solvency certificate for Rs..............
Rupees ...............only.We .......... Bank (hereinafter referred to as “the Bank” do hereby undertake to pay to the Government an amount not exceeding Rs....... against any loss or damage caused to or suffered or/would be caused to or suffered by the Government by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the said agreement of the relevant contract or any other due relating to any other contract.
2.We, ............................Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the Government stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the Government by reasons of any breach by the said contractor(s) or any of the terms or conditions contained in the agreement or by reason of the contractor’s failure to perform the said contract or pay dues in respect of other contracts. Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs..........................
3. We, ........................ Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and for a further period of six months beyond this period and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said guarantee have been fully paid and its claims satisfied discharge or till the D.F.O of ............... (Division) certified that the terms and conditions of the agreement have been fully and 16 properly carried out by the said contractor’s) and accordingly discharge the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the ................ we shall be discharged from all liabilities under this guarantee thereafter.
4. We, ........ Bank, further agree with the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of terms and conditions of the said agreement or to extend the time of performance by the contractor(s) from time to time, or postpone for any time or from time to time, any of the powers exercisable by the Government against the said contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reasons of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act or omission on the part of the Government to the said contractor(s) or by any such matters or things whatsoever which under the law relating to sureties would but for this provision have the effect of so relieving us.
5. We, ....... Bank, lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Government in writing .............dated of the ......... day..........20....... For......... /Bank Ltd.
17 FORM-II [See rule 7 (ii) of Telangana Forest contract (Disposal of Forest Produce) Rules 1977]
1. It is certified that ..........................................(name of the Society) being registration no. ................................................. and required under the provisions of Andhra Pradesh Co-operative Societies Act, 1964 (adopted) comprises members who are exclusively Harijans or/and also belong to Scheduled Castes or/and also Scheduled Tribes or / and Backward Classes.
It is also certified that the members of the society are labourers by profession working in forest coupes or relating the works of forest coupes, thus depending on forests for livelihood.
(i) It is also certified that I have examined the solvency of the ...............
society (name of the society with reference to the immovable property standing in its name and possession and enjoyment over which it has independent saleable right and /or the share capital of the society and I have satisfied myself that the society is solvent for Rs................... (in words) ....................... after taking into consideration its liabilities this day and the assets listed are free from encumbrances.
(ii) In the event of the society being required to make payment of any dues to the Government arising out of any dealings on the strength of any certificates in (i) and also in the event of the society not fulfilling its obligation to pay the dues as required. I undertake to appropriate the assets of the society towards such dues, as first charge.
Signature of Deputy Registrar of Co-operative Societies Assistant Director of Industries:
Name and designation:
Official Seal:
(i) Name and signature of the President of the Society
(ii) Name and signature of the Secretary of the Society.
Attested:
Signature of the Deputy Registrar of Co- Operative Societies/Assistant Director of Industries.
18 FORM – III [See Rules 10 and 15 of Telangana Forest Contract (Disposal of Forest Produce) Rules, 1977] Sale List List showing the bids made with respect to each auction sale
(1) Situation of the coupe-Unit of sale
(a) Coupe No. and series:
(b) Name of the Forest Block :
(c) Range:
(2) Period of the contract:
(3) Date of auction:
(4) Name and designation of Sale Conducting Officer:
Name of the bidder Amount of each bid Signature of the highest and second highest bidders 1 2 3 Amount of the highest bid and signature of the Highest bidder.
Signature of the Range Officer witnessing the signature of the highest bidder.
Knocked down the sale in the name of the highest bidder Sri ..........................
S/o ................................ R/o..................... taluk .......................................
for Rs. ............................ (in words) ........................ only.
Signature of the Sale Conducting Officer.
I, hereby certify that the sale was conducted by me in person in the presence of the witnesses whose signatures are affixed hereunder.
1.
2.
Signature of the Sale Conducting Officer.
Certified that I have obtained the solvency certificates of all the bidders participating in the sale, scrutinised the same and found them to be valid.
Signature of the Range Officer.
Confirmed the sale for Rs. .......................... (in words) ................. only in the name of the highest bidder Sri ............. S/o .............................
R/o ...............................
Range Officer:
Divisional Forest Officer Conservator of Forests.
Place:
Dated:
19 FORM –IV [See Rules 15 to 18 of Telangana Forest Contract (Disposal of Forest Produce) Rules, 1977] Ref.No. Office of Divisional Forest Officer ........................ Division.
Sub:- Forest Contracts- Sale of ............................... Range ...............
confirmation orders – Reg.
The sale of right to.......................... as per this office sale notice no ......
dated.............. in coupe No. ........................ Series ....................of ...........
Range, is confirmed by the competent authority in the name of the highest bidder Sri ........................ S/o ................... for Rs...................... with contract period from ............... to ................... The Highest Bidder has paid sum of Rs.............
(in words).................. at the time of sale in the Office of the .................... The balance sale amount is payable as follows:
(1) 1stinstalment (excluding the sale amount already paid) of Rs...........within 10 (Ten) days of receipt of this order (corresponding to 1ststrip)
(2) 2nd instalment of Rs.......................... on or before (corresponding to 2nd strip);
(3) 3rd instalment of Rs................... on or before (corresponding to 3rd strip)
(4) 4th instalment of Rs................... on or before (corresponding to 4th strip)
2. In addition to the above, the highest bidder shall also pay the security deposit at the rate 6 ¼% of the sale amount i.e., Rs................... ...... and Rs. ......................... being the value of stamp fee initially defrayed from this office within 10 (Ten) days of receipt of this confirmation order.
3. On completion of the above formalities possession orders will be issued.
20
4. The forest contractor is informed that failure to pay the above amounts including the security deposit, within the time specified above may result in action being taken according to conditions of sale including forfeiture of all amounts paid and resale of the contract at his risk and loss and the loss, if any, being recoverable, from him as arrears of land revenue Name:
Divisional Forest Officer, ............................ Division.
Regd. Post with Ack. Due To Sri Forest Contractor Resident of Acting for and on behalf of the Government of Telangana.
Copy to the Range Officer for necessary action N.B.: 1. Entries not applicable may be deleted.
2. Fresh entries if necessary may be added.
21 FORM-V [See Rule 19 of the Telangana Forest Contract (Disposal of Forest Produce) Rules, 1977] Ref.No. Office of the Divisional Forest Officer, ....................... Division.
Sub:- Forests contracts –Sale of .................... possession orders –Reg.
Ref:- Confirmation orders issued in this office Ref.No....... dated:
1. Sri ...................... S/o ..................... R/o ..............................Taluk .................has been sold the right ................... of coupe ................... of this Division for a sale amount of Rs.................. with contract period from ..........to ................... vide confirmation orders issued in the reference cited.
2. He has paid the following amounts towards sale amount.
(a)
(b)
(c)
(d)
3. He has paid the security deposit as follows:
(a)
(b)
(c)
(d)
4. He has paid the stamp duty as follows;
(a)
(b)
(c)
(d)
5. The total sale amount less than the already paid is payable in the following instalments on or before the dates given thereof.
Instalment Amount Date 1 2 3
1. 2nd instalment (corresponding to strip ......................)
2. 3rd instalment (corresponding to strip ......................)
3.
4.
5. Since he has completed, all the formalities precedent to the issue of the possession orders, he is allowed to take possession of the coupe from the 22 Range Officer ........or his deputy and carry out the work of the coupe starting from strip.................. in terms of sale notice issued in this office Ref. No.
..................... dated .................andTelangana Forest Contract (Disposal of Forest Produce) Rules, 1977. He shall deliver the possession certificate to the Range Officer or his deputy in the prescribed form on taking possession. He is also informed that he is also at liberty to enter the coupe and take possession of the coupe after tendering the prescribed possession certificate to the Range officer and in any case will be deemed to have taken possession of the coupe in a satisfactory condition if no possession certificate is tendered within 10 (Ten) days of the issue of this possession orders.
6. He will submit to the Divisional Forest Officer through Ranger on the 10th of each month on account of forest produce removed under the contract in the proforma enclosed.
7. The following persons nominated by him to act as his agents are approved to work as his agents in terms of the Power of Attorney granted by him and filed in this office.
1.
2.
8. The required transit permits etc., may be obtained from the Range Officer in addition to such assistance as needed in terms of the sale.
9. The following pass hammer is allotted to remove the timber etc, in terms of Telangana Forest Produce Transit Rules, 1970.
10. Further points, if any, in terms of sale.
Name of the contractor Period of contract Description of produce sold Amount of contract Description of contract Area.
23 Return for the month of ....................19..................................
Sl.No. Quantity extracted during the previous month Quantity added during the month Total Quantity Quantity removed during the month Balance at the end of the month 1 2 3 4 5 6 Regd. Post with Ack. Due Divisional Forest Officer Division.
To Sri.
Forest Contractor, R/o .................................. Copy to the Range Officer .................with the following instructions.
1.
2.
Note:- 1. Matter not needed may be deleted.
3. Extra matter to be inserted may be added.
24 FORM –VI [See rule 19 of Telangana Forest Contract (Disposal of Forest Produce) rules, 1977] Possession Certificate I, ......................... S/o .................. R/o ...........village in ............. taluk forest contract of coupe ............... for the year ..........hereby affirm that i have this day ............of...............taken charge of coupe No. ( ) area ...........of ................Range which I have purchased. The Range Officer/ Forest Section Officer concerned has today explained to me in the field the boundaries of the area which I have purchased with reference to the surveyed sketch and the conditions of the sale notice and I am satisfied that the area and the forest produce therein taken charge by me today is in accordance with the sketch and the conditions of the sale notice. I also certify that the reserves mentioned in the list supplied are intact and that there are no illicit feelings either in the coupe or within a radius of half a kilometre around it on this date and I have no complaint about the shortage of the forest produce or about the area of the coupe.
If it is a coppice with reserve coupe :
I certify that I have verified the reserves with reference to the marking book and find that they are all existing intact in the coupe on this day...............
In case of improvement coupe :- I certify that all the trees marked for felling in coupe No. ( ) which I have purchased are existing in the coupe on this day.............
If it is a felled material or confiscated produce:- I certify that material mentioned in the sale notice and which I have purchased have and the taken possession by me this day the .......................
Signature of the Forest Contractor/Authorised Agent.
Certified that the above coupe has been handed over to the contractor in good condition.
Range officer/Deputy Ranger.
25 FORM-VII [See Rule 19 of Telangana Forest Contract (Disposal of Forest Produce) Rules, 1977] Certificate of Return charge of Coupe Taken charge of the coupe this day ..............of ................ 19....... from Sri .................. Forest Contractor in the presence of the following witnesses since the Forest Contractor did not deliver the coupe and found the following irregularities in terms of sale notice and contract.
Inventory of Irregularities Name and address of the witnesses Signature of the witnesses Signature of the Ranger/his deputy taking delivery of the coupe 1 2 3 I agree with the irregularities enumerated / I have the following objections.
Signature of the Forest Contractor/Agent N.B: -- Items not applicable may be deleted.