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ANNEXURE - Farm and agroforestry in India – Policy and legal issues

Dr. N.C. Saxena
Former Secretary, Planning Commision

TREE FELLING AND TRANSIT REGULATIONS IN THE STATES 

  1. Andhra Pradesh
  2. Bihar
  3. Gujarat
  4. Karnataka
  5. Madhya Pradesh
  6. Maharashtra
  7. Orissa
  8. Rajasthan
  9. Tamil Nadu
  10. Uttar Pradesh

Tree Felling and Regulations in the State of ANDHRA PRADESH.

1. Position regarding Tree Felling Regulations:-

There are no restrictions on felling of trees standing on private lands. The owners can fell trees at will. However, in the case of "Tree Patta" felling can be done only at the end of rotation period and when the Divisional Forest Officer authorises it.

2. Position regarding Produce Transit Regulations:-

The Andhra Pradesh Forest Act, 1967 and the Andhra Pradesh Forest Product Transit Rules, 1970 regulate the transit of forest produce into or from or within any area in the State of Andhra Pradesh. Forest Produce has been defined by Section 2(g) of the Andhra Pradesh Forest Act, 1967. It concludes:

  1. the following whether found in or bought from a forest or not, timber, charcoal, cacutchour, catechu, wood-oil, natural varnish bark, lootikai, wood oil, sandalwood oil, resin, bamboo, lac resin, tumki leaves, rousa, raulfa serpentina, adda leaves and Mahua flower and seed. Thus, the transit rules apply to these produce even if found or produced on private lands.
  2. the following when found in or bought from, a forest, trees and leave as may be prescribed; plants other than trees like grass, creepers, reeds and moss; and wild animals and other produce including silk concerns, honey and wax.

According to the Andhra Pradesh Forest Produce Transit Rules, 1970, no forest produce can be moved into or from or within any area in the State of Andhra Pradesh without a pass issued by the Divisional Forest Officer of that area or any person duly authorised by him. Generally, these powers are delegated to the Range Forest Officer. However, no transit pass is required or the removal of:

  1. firewood i.e. all timber below 25 cms in girth at its thickest end and one meter in length, and
  2. such classes of timber as specified for each District. The list of exempted species, District-wise, is a long one. The species which are exempted all over the State are mentioned below:-

    Mango, Ravi, Orange, Saru, Babul, Jamun, Guava, Seemathumma, Neem, Sapota, Coconut, Cashew, Eucalyptus and Subabul.

The Andhra Pradesh Forest Produce Transit Rule, 1970 provides separate passes for forest produce from different sources:

1. Transit Pass for transportation of forest produce extracted from forest belonging to Government is in Form-I. This Pass is issued by the Divisional Forest Office of the area or any Forest Officer authorised by him, generally a Range Officer.

2. Transit Pass for forest produce extracted from other sources are in Form-II. This pass is issued by the Divisional Forest Officer of the area or a Forest Officer authorised by him, generally the Range Officer of the area.

Tree felling and Transit Regulations in the State of BIHAR

1. Position regarding Tree Felling Regulations:-

A matured tree can be cut and taken away with the prior permission of the Zonal Officer of that area. The Patta holder will have full rights over the cut tree. However, he will have to plant a tree for a tree.

A matured tree can be felled by obtaining permission of the Zonal Officer through an application giving the details of the Patta.

2. Position regarding Produce Transit Regulations:-

In Bihar, no forest produce can be moved into or from or within any area in the State without a pass issued by a forest officer or person duly authorised by the State Government. However, no transit pass is required for the removal of any forest produce which has been extracted from the forest for consumption in exercise of any right or concession made by the State Government, within the limits of the village in which it is produced.

A transit pass is issued by the forest officials in an around forest area while in other areas, revenue officials are competent to issue transit passes. Deputy Conservator of Forests is the competent authority for his area. Though, often these powers are delegated to the lower officials of the Forest Department and Revenue Department.

Tree Felling and Transit Regulations in the State of GUJARAT.

1. Position regarding Tree Felling Regulations:-

In the State, there are restrictions on felling of twenty six tree species. These are divided into two categories, reserved and unreserved.

The reserved species are teak, Sandal, Blackwood, Mahua and Khair. For felling a reserved tree, prior permission of the Deputy Conservator of Forest, in writing, is mandatory.

A royalty is charged for felling a reserved tree. For felling a reserved tree, the owner has to pay Rs. 2 to the Government if the felling is for domestic use. However, if it is being felled for sale, the owner has to pay half of the sale value of the Government.

The other tree species whose felling is restricted are grouped as unreserved trees. The unreserved trees are: limru, Semat, Sadar, Karanj, Kanji, Shivan, Biod, Rohan, Ebony, Haldu, Lakam, Hadoin, Hirda, Tauras, Ambo, Tar, Khajuri, Jambu, Desi awal, limbro and khijre. For felling these trees, written permission of the Deputy Conservator of Forest/Mamlatdar is mandatory.

Similarly, if any tree is felled from Wasteland vested in Panchayat, half of the sale value has to be paid to the State.

Permission for felling a restricted tree is not denied for the following purposes:-

  1. to make or repair agricultural implements;
  2. to utilise the timber of construction of a well:
  3. to remove obstruction to existing cultivation; and
  4. to remove tree which has dried up due to natural causes.

Permission is generally not given for fruit bearing trees while for non-fruit bearing trees, it is given only if the tree measures more than 60 Cms. in girth. In some Districts, the girth specification is more than 60 Cms.

2. Position regarding Produce Transit Regulations:-

The forest laws of the State regulate the transit of forest produce into or form or within any area in the State of Gujarat. Forest produce includes timber, charcoal, resin, lac, Mahua flower and Mahua seed whether found in or brought from a forest or not. In the State, no forest produce can be moved into or form or within any area in the State without a pass issued by a Forest Officer or person duly authorised by the State Government. However, no transit pass is required for the removal of any forest produce which has been extracted from the forest for consumption in exercise of any right or any right or concession made by the State Government. Further, exemption has been made for the transit of timber of three species Subabul, Eucalyptus and Saru. A transit pass is not required for transporting the produce of these species but for transporting other forest produce, even if it has been produced on private holding, a transit pass would be required.

Tree felling and Transit Regulations in the State of KARNATAKA.

1. Position regarding Tree Felling Regulations:-

In Karnataka there are two kinds of restrictions on felling of trees, species and area specific.

Species Specific

There are restrictions on felling of certain tree species all over the State. All Sandal wood growing in the State, on any land, is the property of the Government of Karnataka. These tree cannot be felled or damaged unless ordered by the State. Similarly there are restrictions on processing of Sandal wood. It can be done only under a licence duly obtained from the Forest Department.

No katechu tree whether growing on private land or Government land can be felled without a permit granted by the Divisional Forest Officer.

No person can cut or fell a Blackwood or Bite tree standing on any land without permission of the Forest Department. However, the owner for bonafide personal use can fell trees equivalent to 350 cubic feet or 10 cubit metres without permission.

Area Specific

In certain specified areas in Karnataka, no person can fell any tree in any land, whether he owns it or not, except with the previous permission of a competent officer. The Chief Conservator of Forests appoints one or more Forest Officer for each area, called Trees Officer, for the purpose of dealing with such specified areas.

The list also includes a number of talukas of other Districts. The area covered by the Act in a District are available from the Collector's Office.

Any person desiring to fell trees in these Districts need to apply to the Tree Officer of that area for permission. On receipt of the application, the Tree Officer after enquiry and inspection either grants permission in whole or part or refuses permission. However, permission is not refused in any of the following situations:-

If the tree:-

  1. Is dead, diseased or wind falled,
  2. has silviculturally matured,
  3. constitutes danger to life or property,
  4. constitutes obstruction to traffic,
  5. is substantially damaged or destroyed by fine, leghting, rain or other natural causes.
  6. is required in rural areas to be removed either for extension of the cultivation or bonafide use of the applicant.

No permission is required in the following cases:-

1. For the domestic needs of a family upto an aggregate amount of such number of trees as would fetch not more than 2.8 cubic metres of timber and five tonnes of firewood per year. However, the owner has to intimate the officer in writing the approximate quantity of trees proposed to be felled and after felling, he will again intimate tree Officer about the quantity of trees felled.

2. For felling Casuarina, Hope a wightiana, coconut, Erythrina, Eucalyptus, Glyrecidia. Nopea wightiner, prosopis, rubber, Sesbania, silver oak and subabul.

2. Position regarding Produce Transit Regulations:-

The Karnataka Forest Act, 1963 and the Karnataka Rules, 1969 regulate the transit of forest produce into or from or within any area in the State of Karnataka. Forest produce has been defined by Section 2(7) of the Karnataka Forest Act, 1963. It includes:-

(a) the following whether found in or brought from a forest or not, Timber, charcoal, Caoutchous, Catachu, Sandalwood, lootikal, wood oil, sandalwood oil, resin, natural varnish, bank, lac, resin, seed of prospopis juliflora, kuth, temburni leaves, resha, (Cymbopogon Mortini) grass and oil, Myrabolams and Mahua flower and seed. Thus, the transit rules apply to these produce even if found or produced on private lands.

(b) Position regarding Produce Transit Regulation:-

The Karnataka Forest Act, 1963 and the Karnataka Rules, 1969 regulate the transit of forest produce into or from or within any area in the State of Karnataka. Forest produce has been defined by Section 2(7) of the Karnataka Forest Act, 1963. It includes:-

(a) the following whether found in or brought from a forest or not. Timber, Charcoal, Caoutchous, Catachu, Sandalwood, lootikal, wood oil, sandalwood oil, resin, natural varnish, bank, lac, resin, seed of prospis juliflora, juth, temburni leaves, resha (Cymbopogon Mortini), grass and oil, Myrabolams and Mahua flower and seed. Thus, the transit rules apply to these produce even if found or produced on private lands.

(b) the following when found in or thought from, a forest, trees and leaves; plants other than trees like grass, creepers, reedsand mass; and wild animals and their produce including silk cocoons, honey and wax.

According to the Karnataka Forest Rules 1969, no forest produce can be moved into or from or within any area in the State of Karnataka without a pass issued by a Forest Officer, generally the Range Forest Officer, or person duly authorised by the State Government. However, no transit pass is required for the removal of

  1. any forest produce which has been extracted from the forest for bonafide consumption in exercise of any right or concession made by the State Government,
  2. twigs, leaves, brushwood and grass intended solely for conversion into ash manure,
  3. firewood on small quantities,
  4. forest produce other than timber in transit within a village, municipal or corporation for bonafide purposes,
  5. coffee stumps obtained from coffee plants, and
  6. timber and firewood obtained from dacabs (Enythrina indica).

Tree felling and Transit Regulations in the State of MADHYA PRADESH:

1. Position regarding Tree Felling Regulations:-

The code makes the permission of the Collector mandatory for felling trees in two situations. The first one is area specific, it prohibits cutting, girdling or otherwise damaging trees in areas prone to soil erosion, fragile ecology; and in the interest of protecting water resources like streams, rivers, rivulets and tree-cover on unculturable lands. The second one is species specific. It prohibits cutting of the following trees without the permission of the Collector in writing:-

  1. Aam (Mango)
  2. Chandan
  3. Chhind, Taad and other varieties of palm excluding jhajur
  4. Imli (Tarmarind)
  5. Jamun (Jambul)
  6. Mahua
  7. Moyrobalan.

The Tree Patta Scheme also makes provisions for felling trees planted under the Scheme. A tree Patta granted to a beneficiary, apart from other things, contains the average age of every species planted by him. After a tree has attained the specified age, it can be felled by depositing the Tree Patta with the Tahsildar and seeding his permission to cut it. The Patta will stand terminated with the permission to fell trees. The Patta holder will have to plant a tree for every tree to be felled. However, if it falls in the restricted category (mentioned above), written permission of the Collector will have to be obtained before felling the trees.

Permission to fell trees can be sought from the lahsildar by making a written application and depositing the Patta. However, if felling relates to the restricted category, written permission of the Collector will have to be obtained.

2. Position regarding Produce Transit Regulations:-

The forest laws of the State regulate the transit of forest produce into or from or within any area in the State of Madya Pradesh. Forest produce includes timber, charocoal, resin, lack, Kahua flower and Mahua seed whether found in or brought from a forest or not. In the State no forest produce can be moved into or from or within any area in the State without a pass issued by Forest Officer or person duly authorised by the State Government.

However, no transit pass is required for the following:-

  1. Forest produce extracted for bonafide domestic consumption by any person in exercise of a privilege granted in this behalf by the State Government, or of a right recognised under the Forest Act, within the limits of a village in which it is produced.
  2. Forest produce covered by the thekadari licence, and
  3. Forest produce covered by the Forest produce passes and free and paid nistar passes.

Transit pass for forest produce belonging to the Government are issued by the Conservator of Forest, District Forest Officer or any person authorised by the. While, for forest produce owned by individuals, the District Forest Officer issues transit passes.

A transit pass contains the name of the owner; discription of the produce; orgin and destination of the produce; and the route for transit.

Tree felling and transit regulations in the State of MAHARASHTRA.

1. Position regarding Tree Felling Regulations:-

In the State, there are restrictions on felling of trees. In urban areas, no tree can be felled without a written permission from the `Tree Authority', created under the local body like municipal board, municipal corporation etc.

In non-urban areas, the tree species, Hirda, Sag, Mahua, Imli, Amba, Fanas, Khair, Chandan, Bija, Haldu, Tivas, Ain, Kinjal Anjan and Jampul standing on private holdings, cannot be felled without written permission of the Tehsildar.

In urban areas, the office of the `Tree Officer' has been created for preservation of trees. No person can fall a tree in urban areas without the previous permission of the Tree Officer.

An application made to a Tree Officer for felling a tree should contain the name of the owner of land on which the tree stands; number of trees to be felled; and the purpose for felling the trees. The application should be accompanied by a site plan, indicating the position of the trees required to be felled.

In non-urban areas, for felling trees whose felling is restricted, permission will have to be seeked for a Revenue Official not below the rank of Naib-Tahsildar. An application seeking permission to fell a restricted tree species should give details of the land plot on which the trees are standing; name of the land owner; and the reasons for felling trees. If the Revenue officials fail to respond within three months, the applicant can assume that the permission to fell trees has been granted.

A person who has been allotted land under the Scheme for felling a tree planted on such land by him, apart from following the above-mentioned provisions, he has to obtain permission from the Department which has allotted him the land.

3. Position regarding Produce Transit Regulations:-

The forest laws of the State regulate the transit of forest produce into or from or within any area in the State of Maharashtra. Forest produce includes timber, charcoal, resin, lac, Mahua flower and Mahua seed whether found in or brought from a forest or not. In the State, no forest produce can be moved into or from or within any area in the State without a pass issued by a Forest Officer or person duly authorised by the State Government. However, not transit pass is required for the removal of any forest produce which has been extracted from the forest for consumption in exercise of any right or concession made by the State Government. The upper limit for this exemption is one head load of firewood, grass or leaves.

A transit pass is issued by the Conservator of Forest, Divisional Forest Officer or Sub-Divisional Forest Officer for forest produce from `reserved' and protected and land upto ten miles away from `reserved' and `protected' forest generally, these powers are delegated to Revenue Patel and Police Patel. In areas other than that described above, the Revenue Patel or police Patel of the Village can issue a transit pass.

A transit pass mentions the name of the owner of the produce; description of the produce; origin and destination of the produce; name of the consignees; made of transportation; and the route for transit.

A nominal sum is charged by the Forest department for every transit pass.

Tree Felling and Transit Regulations in the Stae of ORISSA.

1. Position regarding Tree Felling Regulations:-

According to the provisions of the Orissa Forest Act, 1972, the State Government may be notification regulate the felling of fruit bearing trees and felling of trees which is likely to lead to a fall in agricultural and industrial production. The existing notifications provide that mango, jackfruit, mahua, kusum, tamarind, palm, asan and sandal cannot be felled.

However, for genuine purposes, such as marriage functions burning of dead bodies or other emergencies, felling may be done with the written permission of the nearest forest office.

For felling the notified species of trees i.e. mango, jackfruit mahua, kusum, tamarind, palm, asan and sandal, permission has to be obtained from the nearest forest officer. If such forest officer is absent from his headquarters of if no forest officer resides within five kilemetres of the village where the land is located, the written permission of the Sarpanch of the Gram Panchayat relating to that village or the chairman of the Municipality/Notified Area Committee, need be obtained.

2. Position regarding Produce Transit Regulations:-

The Orissa Forest Act, 1972 and the Orissa Timber and other Forest Produce Transit Rules, 1980 regulate the transit of forest produce into or from or within any area in the State of Orissa. Forest Produce has been defined by Section 2(g) of the Orissa Forest Act, 1972. It includes:-

(a) the following whether found in or brought from a forest or not.

Timber, charcoal, Caoutchoue, Catechu, Sandalwood, wood oil, sandalwood oil, resin, natural varnish, bark, lac, Myrabolan, tusar cocoon, roots of Patal Garuda, Kendu leaves, tamarind, hill broom, siali leaves, siali fibures, sal seeds and Mahua flower and seed. Thus, the transit rules apply to these produce even if found or produced on private lands.

(b) the following when found in or brought from, a forest, trees and leaves, flowers and fruits and all other parts of trees; plants other than trees like grass, creepers, needs ad moss; and arrowroot, honey and wax.

No transit permit is required to cover transit of forest produce in the following cases.

  1. any forest produce which has been extracted from the forest for bonafide consumption in exercise of any right or concession made by the State Government subject to a maximum of fifty kgs of tamarind and ten bundles of hill brooms.
  2. for the transit from the contract area of forest production purchased by the forest contractors whose constracts are governed by the Orissa Forest Contract Rules and duly covered by a coupe permit,
  3. firewood not exceeding one head load,
  4. forest produce whose removal is covered by Forest Department permits.
  5. for transport of Minor Forest Produce within the District except lac, tassar, myrobalan, oums, resin, sal seed, tamarind and hill broom.

A transit permit can be obtained from the Divisional Forest Officer by writing an application to him. An application for transit permit made to the Divisional Forest Officer should contain the following particulars:-

  1. The name of the village, survey number or other description or private land from which the forest produce is removed, if the forest produce is being removed from private land.
  2. Documents supporting ownership of the produce.
  3. the approximate quantity and description of the materials to be removed and its origin, destination and the route for transit.
  4. the time within which the produce will be transported.

An application for transit permit is scrutinised and then a permit is issued. A transit permit contains the following details:-

  1. Name and address of the person in whose favour transit permit is issued.
  2. Name of locality from where forest produce is to be removed.
  3. Description and quantity of the produce.
  4. Route for transit.

A transit pass is issued in a prescribed form on payment of Rs. 1. It contains the name of the owner; description of the produce; origin and destination of the produce; and the route for transit.

Tree Felling and Transit Regulations in the State of RAJASTHAN

1. Position regarding Tree Felling Regulations:

The Rajasthan Tenancy Act, 1955 makes provisions for cutting trees, S83 reads:

"S83 - Tree not removable except as provided; Notwithstanding anything to the contrary in any law. Custom or contract, no tree standing on occupied or unoccupied land shall be removable therefrom except as provided in S84".

Further, S84 provides:

2. A Khatedar tenant holding land below the ceiling limit may of his own accord remove trees standing on his holding for any purpose.

3. A Gair Khatedar tenant may, with the previous permission of the Tahsildar, remove any trees standing on his holding for his own domestic or agricultural use".

The Rule also makes provisions for felling trees planted on the allotted land. It provides that the allottee can cut a tree which has attained silvicultural maturity provided for every tree to be felled, he has two trees standing of 2 years growth. If he does not have two trees for one to be cut, he will have to take written permission of the Sub-Divisional Officer.

For the purpose of the Rule, the allottee is a Gair Khatedar tenant and according to S84 (3) he can cut trees standing on the land assisgned to him only for his own domestic or agricultural use" i.e. he cannot cut it to sell on gift and also he can cut it only with the previous permission of the Tehsildar.

Permission for felling trees, if required, can be obtained by making an application to the Tehsildar, mentioning the details of the land plot, number and location of trees to be felled, nature of the tenure and the purpose for which it is being felled.

2. Position regarding Produce Transit Regulations

Transit of Forest Produce

The Rajasthan Forest (Produce Transit) rules, 1957 regulate the transit of forest produce into or from on within any area in the State of Rajasthan. Forest Produce has been defined by Section 2(4) of the Rajasthan Forest Act, 1953. It includes timber, lac, resin and Mahua flower and seed whether found in or brought from a forest or not. Thus, the transit rules apply to forest produce produced on private lands.

According to the Rajasthan Forest (Produce Transit) Rules 1957, no forest produce can be moved into or from or within any area in the State of Rajasthan without a pass issued by a forest officer or person duly authorised by the State by a forest officer or person duly authorised by the State Government. However, no transit pass is required for the removal of any forest produce which has been extracted from the forest for consumption in exercise of any right or concession made by the State Government.

The following officers are authorised to issue a transit pass:

  1. Chief Conservator of Forest, Rajasthan.
  2. Conservator of Forest,
  3. Divisional Forest Officer;
  4. Sub-Divisional Forest Officer and
  5. The Tahsildars of the Tahsils.
  6. Agriculture Department incharge of soil conservation

Tree felling and Transit Regulations in the State of TAMIL NADU.

1. Position regarding Tree Felling Regulations:-

In Tamil Nadu, there are two kinds of restriction on felling of trees. Some species of trees are marked as royal trees. These species, even if standing on private land, cannot be felled without the permission of the Chief Conservator of Forests or a person authorised by him. The second kind of restriction is area specific. In the areas notified under the Tamil Nadu Tree Protection Act, no tree can be felled without the permission of the District Committee constituted under the Act.

Royal Trees

Teak, blackwood, ebony and sandalwood, whether standing on Government land or private land is a royal tree and it cannot be felled without the permission of the Chief Conservator of Forests. Also, no trade can be carried in these unless they have been duly authorised by the Government.

Notified Areas

The Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 regulates cutting of trees and cultivation of land in hill areas in the State. The Act applied to most of Nilgiri and Ooty District and almost all other hilly areas of the State. For implementing the provisions of the Act, a District Committee comprising of District Collector, District Forest Officer, Tehsildar of the area, and the Executive Engineer has been created.

According to the provisions of the Act, no person shall cut, uproot or burn any tree in the area without the previous permission in writing of the Committee. It also provides that no person can use any land with a slope more than one in three for any purpose other than growing trees. Further, no one can use any land with slope less than one in three for new cultivation without previous written permission of the Committee.

A rural tree can be felled by seeking written permission from the Chief Conservator of Forests. Generally, these powers are delegated to the subordinate officials of the Forest Department. The application should detail the description of the land on which the tree is standing; number of trees to be felled; species of trees; and name and address of the owner.

A tree in an area where felling is restricted under the Tamil Nadu Hill Areas (Preservation of Trees) Act can be felled by application to the District Committee.

2. Position regarding Produce Transit Regulation:-

In Tamil Nadu, timber cannot be moved into on from or within any area in the State unless such timber is accompanied by a prescribed transit permit issued by a forest officer or person duly authorised by the Range Officer of that area. However, no transit permit is required for the transit of the following timber:-

  1. Transit of any timber which has been extracted from ; the forest for consumption in exercise of any right or concession made by the State Government under the provisions of the Tamil Nadu Forests Act.
  2. All sown timber of dimension less than 5 cms. in thickness and 120 cms. in length.
  3. Small wood, fuel and bamboo in head loads or small quantities.
  4. Firewood purchased from depots or markets for domestic consumption if transported within the municipal limits, under cover of invoice given by depot keeper, and
  5. Two species of timber, Casurina Clocal name Savukal and Prosopis Juliflors (Seemai Firambu).

Therefore transit restriction will apply to all timber grown on private lands except for small quantities of timber like a head load and for all Julifloras and Casurina timber.

A tree in an area where felling is restricted under the Tamil Nadu Hill Area (Preservation of Trees) Act can be felled by application to the District Committee.

2. Position regarding Produce Transit Regulation:-

In Tamil Nadu, timber cannot be moved into can from or within any area in the State unless such timber is accompanied by a prescribed transit permit issued by a forest officer or person duly authorised by the State Government. A transit permit is issued by the Range Officer of that area. However, no transit permit is required for the transit of the following timber:

  1. Transit of any timber which has been extracted from ; the forest for consumption in exercise of any right or concession made by the State Government under the provisions of the Tamil Nadu Forests Act.
  2. All sown timber of dimension less than 5 cms. in thickness and 120 cms. in length.
  3. Small wood, fuel and bamboo in head loads or small quantities.
  4. Firewood purchased from depots or markets for domestic consumption if transported within the municipal limits, under cover of invoice given by depot keeper, and
  5. Two species of timber, Casurina Clocal name Savukal and Prosopis Juliflors (Seemai Firambu).

Therefore transit restriction will apply to all timber grown on private lands except for small quanties of timber like a head load and for all Julifloras and Casurina timber.

A transit permit can be obtained from the Range Officer of the area by making an application.

Tree Felling and Transit regulations in the State of UTTAR PRADESH.

1. Position regarding Tree Felling Regulations:-

Felling of Trees:-

Felling of trees in Uttar Pradesh is regulated by the Uttar Pradesh Protection of trees in Rural and Hill areas Act. 1979. However, the Act does not apply to trees in reserved forest; protected forest; trees on Government land; and trees in urban areas. The restrictions in the Act and rules framed under it are mentioned below:-

No Restriction Category

There are no restrictions on felling certain specified species of trees growing on individual cultivated or uncultivated holdings measuring upto two hectares. The specified tree species are:-

August, Aru, Utis, Casuarina, Jangal Jalebi, Poplar, Parash, Bakain, Babul (Acacia nilotica), Villayati Babul (Prosopis Juliflora), Eucalyptus, Robinia, Wattle, Willow, Siris, Subabul, Avar, Kathber, Kharik, Jamun, Dhak, Palash, Paper Mulbery, Ber, Bhekula, Mehal, Sainjana and Shahtut.

Reserved Category

Trees of certain specified species are not to be felled till 31.12.91 unless the tree is dead or dying or its felling is necessary for development work approved by the Government or in the case of Aam, it sfruit bearing capacity has substantially declained and permission to fell such trees has been obtained from the competent authority. The specified tree species are:

Abhrot, Angoo, Aam, Chamkharik, Jammoi, Neem, Banj, Kharsoo, Maroo, Mahua, Sai, Pipal and Bargad.

Felling of Trees of Domestic Use

The felling of trees for domestic use is a concession to given to the people. Otherwise, there are prohibitations on felling any tree. In the Districts of Almora, Pithoragarh, Chamoli, Tehri Garhwal, Uttarkashi Pahari Patti of Nainital, Chakrata Tahsile and Mussoorie Nagar Palika of Dehradun, a finaly can cut one tree a year for domestic ue from its own land without seeking permission from any authority. However he needs to inform the competent authority, in writing, 15 days before felling the tree. In rest of the areas of Uttar Pradesh, a family can cut a tree for domestic purpose without any permission or intimatic.

Felling of Trees

The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act. 1979 and the rules describe the competent authority who has to authorise felling of trees, where ever permission for felling is necessary. The Competent authority and the officer who can revise the authority of competent authority are mentioned below :-

Non-Reserved Trees on Private Holings

1 For all the Hill Districts and for Districts Mirzapur, Banda, Jhansi, Lalitpur, Gorakhpur, Gonda, Bahraich, Lakhimpur, Keri, Pilibhit and Chakia tehsil of District Varanasi in the plains.

  • Competent Authority Divisional Forest Officer/Divisional Director
  • Revising Authority Conservator of Forest/Regional Director

2. Areas in Uttar Pradesh not included above

  • Competent Authority Chief Development Officer
  • Revising Authority District Magistrate

Restricted Category

The following are the competent and Revising Authority for the whole of Uttar Pradesh

  • Competent Authority Conservator of Forest/Regional Director
  • Revising Authority Chief Conservator of Forest

2. Position regarding produce Transit Regulations

Transit of Forest Produce

The forest laws of the State regulate the transit of forest produce into or from or within any area in the State of Uttar Pradesh. Forest produce includes timber, charcoal, resin, lac, Mahua flower or not. In the State, no forest produce can be moved into or from or within any area in the State without a pass issued by a Forest Officer or person duly authorised by the State Government.

However, no transit pass is required for the following:-

  1. Forest produce extracted for bonafide domestic consumption by any person in exercise of a privilege granted in this behalf by the State Government, or of a right recognised under the Forest Act, within the limits of a village in which it is produced.
  2. Forest produce covered by the the Kadari licence, and
  3. Forest produce covered by the forest produce passes and tree and paid nistar passes.

Individuals eligible for allotment under the Scheme, these applications are put before the Village Level Committee. This Committee selects beneficiaries and a appropriate land plots for them. The list of selected beneficiaris and details of land plots after ratification by the Naib-Tahsildar and Sub-Divisional Officer, are sent to the Block Development Officer. The Block development Officer gives permission to the beneficiaries to plant trees on the allotted land.

Transit of Forest Produce

A transit pass to move forest produce into or from on within the State of Uttar Pradesh can be obtained by applying to the following authorities.

  1. For areas within 80 kms from a reserved forest - Divisional Forest Officer.
  2. Other areas-Divisional Forest Officer/Block development Officer. A transit pass contains the name of the owner; description of the produce; origin and destination of the produce; and the route for transit.