DETAILED PROCEDURE FOR EXTRACTION OF TREES FROM NON-FOREST AREAS No.F.7 (44)/FOR/FP/2001/Part-T1/ 19. 630 — #29 FOREST DEPARTMENT GOVERNMENT OF TRIPURA Dated. Agartala, the 20 | 10/2010 I. REGISTRATION OF TREES FOR PERMISSION FOR EXTRACTION:
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2.2 All applications for registration of trees standing on any plot of non-forest area shall be submitted by the land owner to the concerned Authorized Officer through the concerned Range Officer in the prescribed application Form along with prescribed Registration fee. The application for registration/felling of trees, submitted by any other person(s) on behalf of the owner of land, shall not be entertained. The Authorized Officer shall send such applications with his comments, if any, to the Sub Divisional Magistrate (SDM) concerned along with the name of Forest Range Officer to be entrusted with the joint verification. Upon receipt of such application from the Authorized Officer, the SDM shall pass an order entrusting the work for joint verification and demarcation of the land to Revenue Officer(s), as deemed appropriate endorsing a copy to the Authorized Officer and the concerned Forest Range Officer. The joint verification report duly signed by the staff of Forest Department and Revenue Department shall be submitted to the SDM, who shall scrutinize the same and upon satisfying himself about the veracity of the report, shall send the joint verification report to the Authorized Officer. The Tree Registration Certificate (TRC) shall be issued by the Authorized Officer, in the prescribed form, based upon the joint verification reports, within 45 (forty five) days of receipt of joint verification report in the office of Authorized Officer. The certificate issued will remain valid for 7(seven) years from the date of issue or till all the trees are removed from the plot, whichever is earlier. The Authorized Officer shall prepare and make available a certificate of such registration, which shall inter- alia include a location map/ sketch of the area, to the registered owner. "TRC shall be issued on first come first served basis. PERMISSION FOR EXTRACTION OF TREES Applications for extraction of trees shall be submitted by the land owner to the Authorized Officer along with (i) Copy of the registration certificate (ii) the details of species, number & measurements of trees proposed to be felled and (iii) any other details prescribed by the Principal Chief Conservator of Forests. The Authorized Officer as soon as possible, shall accord the permission [or extraction of trees and communicate it to the applicant and the concerned Range Officer. On receipt of the permit order, the permit holder shall contact the Range officer, who shall, in turn, do the marking of trees at the earliest.
2.2.1. Permits shall be issued on first come first served basis.
2.3 Maximum number of trees allowed in a single permit shall not exceed 30 (thirty). 24
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2.9 ~~ = One time permission for extraction of 5 trees for domestic use from plots of non-forest land which are not contiguous to any forest land shall be given within 20 days from date of receipt of the complete application and the Range officer shall mark the trees within 10 days on receipt of the permit order. Maximum time allowed for operation of one permit shall be 90 (ninety) days. No fresh permit shall be issued until the trees permitted earlier are felled and removed from the stump site under cover of Transit Pass. In habitation areas, public places, roads where the trees have fallen due to natural causes like storm, decay of the tree, etc., causing severe inconvenience to people, the owner will be free to displace the same after giving intimation in writing to the Authorized officer. In other places, where trees have fallen due to such natural causes, intimation shall be given by the owner to the Authorized officer. The Authorized officer shall first cause enquiry and if he is satisfied with natural causes of the fall of tree/trees, he may allow extraction after recoding the reasons within 20 days time on receipt of application. Permission for extraction of trees from non-forest land that pose danger to the human life and property shall be accorded within 10 days from the date of receipt of application from the owner as a special provision. Action for extraction of trees from non-forest land which is also Govt. land for construction of Govt. buildings, roads including widening of roads, bridges and railway lines, etc. shall be taken within 45 days from the date of receipt of the application from the user agency.
2.10 No permission shall be given for extraction of trees already felled without permission of
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3.5 extraction of trees by the Authorized Officer except in cases mentioned under clause 2.7 above. PERMISSION FOR EXTRACTION OF RUBBER TREES Applications for extraction of rubber trees shall be made to the concerned Range Officer by the landowner along with all the documents in support of his/her claim over the trees. After ascertaining the status of land etc., the Range Officer shall conduct the verification/demarcation and stand mark 30 (thirty) trees and submit the stand marking list to the Authorized Officer within 15 days time on receipt of complete application. The Authorized Officer shall issue the permit order for extraction of 30 trees at a time, within 10 days time on receipt of marking list from the concerned Range officer. The log marking shall be done by the Range Officer/Beat officer as per marking rules in force on realization of service charge and Transit Pass shall be issued by Range Officer/Beat officer within 24 hours after felling and marking. Once all the trees against a permit are extracted, application for another permit may be submitted by the rubber trees owner. TIME EXTENSION AGAINST THE PERMIT ISSUED: The application for time extension against the permit order, shall be made to the concerned Forest Range Officer by the owner of the land who inturn shall verify in the field whether the trees still continue to be on the site or not and forward the application along with his observations/recommendation to the Authorized Officer within 15 days on receipt of application. 2, \\
4.2 If satisfied that the trees earlier permitted, are still on the site, the Authorized Officer shall allow time extension for 1* time for a period of one month on payment of Rs.50/- per tree.
4.3 In respect of time extension for the 2™ time, the application for time extension along with report of Range officer certifying that the permitted trees in question are still standing on the site, shall be forwarded to the Conservator of Forcsts who after satisfying himself, shall accord time extension for 2" time, on payment of time extension fee of Rs.100/- per tree.
5. MARKING OF TREES
5.1 Application for marking of trees shall be submitted to the concerned Forest Range Officer in the plain paper giving details of permit order.
5.2 The marking of trees shall be done by the concerned Forest Range Officer or other staff authorized to do so subject to the provision of Tripura Forest (Timber Marking) Rules, 1985 and amendments made thereto from time to time.
5.3 The marking shall be done by the Forest Department as in Para-5.2 above after receipt of the service charges at the rates prescribed for this purpose.
6. SERVICE CHARGE: Service charge shall be realized by the Forest Department from the owners of the trees for rendering the service on account of verification of the land, marking of trees namely stand marking, and log marking, issue of transit pass, etc. at the following rates: Rate of Service tax
(i) For timber/rubber trees:
(a) Upto 45 cm girth (over bark) ----------v--ccmn-nn-- Rs.50/- per tree
(b) Above 45cm but below 90 cm. girth at breast height (over bark)- Rs.75/- per tree
(c) 90 cm to150 cm. girth at breast height (over bark) - -------- Rs.100/- per tree
(d) Above 150 cm. girth at breast height (over bark) - - - ------- Rs.150/- per tree
(ii) For Fire Wood: (@Pertruck -------mmme eo Rs.500/-
(b) Per jeep trailer load =~ ~~ --------cmmmmm iia Rs.100/-
(c) Per rickshaw ~~ ------ooo ee - Rs.20/-
(iii) For Ballies/posts
(a) Below 30 cm. girth at breast height (over bark) ----------- Rs.15/- each
(b) 30 cm. girth and above at breast height up to 45 cm. (over bark)- Rs.30/- each
7. REALIZATION OF VALUE ADDED TAX /INCOME TAX :
7.1 The Value Added Tax on timber/rubber trees shall be realized after assessment of felled volume calculated at the rate of royalty notified by the government from time to time for government timber/forest produce by the forest officials in charge of
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7.3 Ranges/Beats. The Value Added Tax on such produce shall be realized at the rate as notified by the State Government from time to time in this regard. Out of the total Value Added Tax so realized in each case, 15% of the amount shall be counted towards service charge of the Forest Department and shall be deposited in the revenue account of the concerned Division whereas the balance 85%, in the Treasury/Sub-treasury under the appropriate head of account as required for depositing the Value Added Tax respectively. The process of realization of income tax will continue in accordance with amendments made by appropriate authority from time to time.
8. PERMISSION FOR EXTRACTION OF TREES FROM ALLOTTED LAND:
8.1 Permission for extraction of trees from protected forest land allotted to private individual prior to 25.10.1980 shall be regulated in accordance with the above guidelines. The market value of the trees or any part thereof payable to the Government by an allottee under Tripura Land Revenue and Land Reforms (Allotment of Land) Rules, 1980, if remained unpaid at the commencement of the said Rule, shall be deemed to have been remitted in accordance with the Notification No.F.38 (85)/REV/735, dated 21.09.81 of Revenue Department.
9. These guidelines, being the detailed procedure for extraction of trees from private land in the State of Tripura, will take immediate effect in cancellation to earlier orders/ guidelines issued vide No.7 (44)/For-FP/01/P-111/5707-807 dated 17.06.2004. f the Governor 30 0 oO Joint Secreta ovt. of Tripura (Forest Deptt.) Copy fo :
1. The Secretary to the Governor, Tripura.
2. The Principal Chief Conservator of F orests, Tripura.
3. All Commissioners and Secretaries to Govt. of Tripura.
4. All Chief Conservator of Forests.
5. All Conservator of Forests.
6. All D.F.O.s and Wild Life Wardens.
7. All District Magistrates & Collectors.
8. All Sub-Divisional Magistrates. Copy also to :
1. The Secretary to the Chief Minister, Tripura.
2. The P.S. to the Minister for F orests, Tripura.
3. The I.S. to the Chief Secretary, Tripura. ov D Joint Secretaty to “Govt. of Tripura (Forest Department) ~~ No. F.7 (200)/For/FP-2000-09/ 19,6) — 9 GOVERNMENT OF TRIPURA FOREST DEPARTMENT Dated: 20/10], 2010. NOTIFICATION Whereas the Hon'ble Supreme Court of India vide order dated 12.5.2001 in Writ Petition (Civil) No. 202/ 1995 had directed, inter-alia, that guidelines/rules be framed regarding extraction of trees from non-forest areas including plantations on non-forest areas; Whereas in pursuance of the said directives, the State Government framed the guidelines on extraction of trees from non-forest areas vide notification No.F.7 (44)/For/FP-2001/PT- 11/29,042 dated 17.01.2002; Whereas in view of certain operational difficulties in implementation of the guidelines, it was deemed necessary to revise the aforesaid guidelines and revised guidelines duly approved Council of Ministers were referred to Ministry of Environment & Forests, Govt. of India vide this office letter No.F.7 (200)/For/FP-2k-2009/1110 dated 24" March, 2010 for concurrence. Whereas the Ministry of Environment & Forests, Govt. of India has concurred the revised guidelines vide letter F.N0.8-24/2010-FP dated 23" September, 2010 with certain modifications and same was incorporated in the draft guidelines. Now therefore in exercise of all the enabling powers the following guidelines are hereby laid down by the State Govt. of Tripura with immediate effect.
1.1 These guidelines shall be called the “Guidelines for extraction of trees from non-forest areas”
1.2 These shall extend to the whole of the State in respect of extraction of trees from nonforest areas.
1.3 These shall come into effect from the date of their notification in the official gazette DEFINITION: SS ] In these guidelines, unless there is anything repugnant to the subjects or context
(a) “Government” means Government of Tripura.
(b) ‘Forest’ means (i) Reserved forest or Protected Forest or any other areas legally constituted as ‘forest’; and (ii) any area recorded as ‘Forest’ in Government records maintained by Forest Department or other Govt. Departments and (iii) deemed forest area identified as per Supreme Court order dated 12.12.96 in Writ Petition (C) No. 202/95.
(c) “Non-forest area” for the purpose of these guidelines means land, which is not ‘Forest’ as per 2 (b) above.
(d) “Authorized officer” means the officer as prescribed by the 'orest Department.
(e) “PCCIF” means Head of the Forest Department of Tripura. 1
(f) “Extraction” means felling and/or transportation of trees, including timber and firewood derived there from, away from the plot of land, where the trees stand or where these were felled.
(2) “Domestic use/purpose” means usc of produce for one own use excluding sale.
(h) “Marking Rules” means Tripura Forest (Timber Marking) Rules, 1985 and amendments made thereto from time to time.
3. REGISTRATION OF TREES FOR PERMISSION FOR EXTRACTION:
3.1 For permission of extraction of trees standing on any plot of non-forest area, the owner of the plot who wants to extract trees shall get the trees registered with authorized officer in the manner as may be prescribed in this behalf by the State Government.
3.2 Application for registration of trees shall be made to the concerned authorized officer through the concerned Range Officer in the prescribed application Form along with prescribed Registration fee.
3.3 While registering a plot with trees standing thereon, it shall be, inter-alia, ensured that the applicant is the legal titleholder; and it is a non-forest arca as per Para-2 (c) above.
3.4 Processing of applications; enquiry in to the status of land and trees standing there upon; and felling and extraction shall be carried out in accordance with instructions issued by Forest Department from time to time.
3.5 Tree registration shall remain valid for 7 (seven) years. After this period, registration shall have to be done afresh.
3.6 No registration shall be required for cases mentioned under “Special Provisions”.
4. TREES NOT REQUIRING TREE REGISTRATION CERTIFICATES AND EXTRACTION PERMISSION
4.1 No permission from Forest Department will be needed for extraction of trees from nonforest land in the following cases. a) For tree species namely Aam (Mangifera indica), Lichi (litchi chinensis), Sajna (moringa oleifera), Guava (psidium guajava) The owner will, however, be required to intimate the local Range Officer at least 10 days in advance in Form prescribed by Forest Department about such intention.
4.2 The State Govt. shall be competent to add or delete species in Para 4.1 above.
5. PROCEDURE FOR EXTRACTION OF RUBBER TREES No registration shall be required for felling of rubber trees. The procedure for extraction of rubber trees shall be separately prescribed by the Forest Department.
6. Service Charge: Service charge shall be realized by the Forest Department from the owners of the trees for rendering the service on account of verification of the land, marking of trces namely stand marking, log marking and sale marking, issue of transit pass, ctc. at the rates prescribed by State Government from time to time. b o
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8.1 SPECIAL PROVISIONS: Permission of following kinds in the context of non-forest land as per para 2(c) above may be issued by the Authorized officer on receipt of application from legal title holder. Such permissions shall not be considered repugnant to contrary provisions in para (3). Permission for extraction of such trees from non-forest land that pose danger to the human life and property may be accorded within 10 days from the date of receipt of application from the owner. Action for extraction of trees from non-forest land which is also Govt. land for construction of Govt. buildings, roads including widening of roads, bridges and railway lines, etc. shall be taken within 45 days from the date of receipt of the complete application from the user agency. Extraction and disposal of felled trees will be done by the Forest Department and revenue collected by way of sale of such timber etc. will be deposited by the Forest Department in the Government exchequer. One time permission for extraction of 5 trees for domestic use from plots of non-forest land which are not contiguous to forest land. In habitation areas, public places, roads where the trees have fallen due to natural causes like storm, decay of the tree, etc., causing severe inconvenience to people, the owner will be free to displace the same after giving intimation in writing to the Authorized officer. In other places, where trees have fallen due to such natural causes, intimation shall be given by the owner to the Authorized officer. The Authorized officer shall first causes enquiry and if he is satisfied with natural cause of the fall of tree/trees, he may allow extraction after recoding the reasons within 20 (twenty) days. CONFISCATION OF TREES FELLED IN VIOLATION OF GUIDELINES Timber obtained from trees felled in violation of these guidelines shall be scized by the Forest Department.
8.2 On enquiry, if the trees are found felled from:
8.3 84 a.Private land, the Authorized officer shall be at liberty to release the timber obtained from such trees, to the legal title holder(s), after recovery of an amount equal to 25% of the royalty payable for the tree/timber. However, such released timber shall not be eligible for purchase or use by any wood based unit, traders or registered timber transporters. b. Govt. land/ Forest land, these shall be deemed to have been confiscated to the State Government. For verification and recovery of the timber mentioned in para 8.1 above the staff of the Forest Department shall have the authority to enter the plot of land where the trecs were felled and the Authorized officer shall have the authority to issue search warrants to his stall to search the premises, including houses, concerned. The seizure of timber as per 8.1 above shall be without prejudice to any other action, including legal action or prosecution in a court of law. ~ J
9. REPEAL AND SAVINGS: This is issued in supersession of guidelines and executive orders issued earlier on this matter. The registration certificates already issued regarding trees on different plots as per guidelines communicated vide no F.7 (44)/For/FP/200 1/PT-11/29042, dated 17% January, 2002 will however continue to remain valid. By order of the Governor. Wg Lb Government of Tripura Copy to: I. The Principal Secretary to the Governor, Tripura for favour of information of the Governor, Tripura. The Principal Secretary to the Chief Minister, Tripura for favour of information of the Chief Minister, Tripura.
3. The P.S. to the Minister for Finance, Tripura for favour of information of the Minister for Finance, Tripura.
4. The P.S. to the Minister for Forests Tripura for favour of information of the Minister for Forests, Tripura. The P.S. to the Minister for Planning, Tripura for favour of information of the Minister for Planning, Tripura.
6. The S.A. to the Chief Secretary, Tripura for favour of information of the Chief Secretary, Tripura. The Principal Chief Conservator of Forests, Tripura. The Principal Secretary, Planning, Tripura. The Principal Secretary, Finance, Tripura.
0. The Chief Wildlife Warden, Tripura.
1. The Inspector General of Forests (Forest Conservation), Ministry of Environment & Forests, Paryavaran Bhawan, CGO Complex, New Delhi.
12. The Addl. Principal Chief Conservator of Forests (Central), Ministry of Environment & Forests, North Eastern Regional office, Taw-U-Sib, Lumbatngen, Near M.T.C. Workshop, Shillong 793 021.
13. The Chief Conservator of Forests (Planning &Development), Tripura.
14. The Nodal Officer, Forest (Conservation) Act, Tripura.
15. The Chief Conservator of Forests (Administration), Tripura.
16. The Additional/ Joint Secretary, Forests, Tripura.
17. The Manager, United Bank of India, Agartala.
18. The Manager, Government Press, Agartala for publishing in Tripura Gazgt{e. \] wn = D o m Joint Secretary to the Government of Tripura