Business Reform Action Plan 2017 for States/Uts Revenue Department (Tree Cutting

Business Reform Action Plan 2017 for States/uts Revenue Department (Tree Cutting

Comments of Revenue Department

NO for tree felling from Tree Authority/Appropriate Authority

(prior to commencement of construction activities)

Tree Transit Permission

The Provisions regarding Trees are provided in Chapter VII of Rajasthan Tenancy Act 1955. From Section 79 to Sec. 86 runs as under. These provisions are applicable only on khatedari agricultural holdings:-

79. Tenant's rights to plant trees- (1) A tenant may plant trees on his holding provided that such trees do not diminish the productive value of the land and such tenant continues to pay the full rent of the holding.

(2) If a tenantplants or proposes to plant trees in such a way as to diminish the value of land not included in his holding, any person whose interest is adversely effected thereby may apply to the Tehsildar for any order prohibiting the planting of trees on such land or directing the tenant the remove trees already planted thereon and the tehsildar may, after giving to the persons affected reasonable opportunity of being heard and after making such as he thinks fit, either grant the application, subject to such modifications, if any, as he thinks fit or reject it.

79-A. Tenant's right to plant trees on Government land along side public roads - A tenant may plant trees on Government land (whether agricultural or otherwise) alongside a public road adjoining his holding subject to such special or general conditions as may be prescribed from time to time 3{by the State Government and such trees shall be the property of such tenant.}

80.Tenant's right in trees existing at the commencement of this Act-Notwithstanding anything in this Act or any custom or contract to the contrary, scattered trees standing on the holding of a khatedar tenant at the commencement of this shall vest in such tenant:

81. Trees on unoccupied land (1)- A person who at the commencement of this Act. in lawful possession of any tree stanting on unoccupied land, shall contiue to remain in possession thereof and where land is let out any other person, the tree shall vest shall in such other person subject to the payment of such compensation as may be prescribed by rules made under section 80.

(2) Subject to the provision contained in sub-section (1), any tree standing on unoccupied land or planted in contravention of the provisions of this Act shall be deemed to the property of the landholder.

82. Trees not transferable independently of land - Subjet to the other provisions of this Act, all trees standing on any holding shall be deemed to be attached to the land and to interest therein shall afte the commencement of this Act. be transferable independently of the land save and except by way of lease. 2[of the produce of such trees] for a period not exceeding one year at a time.

83. Trees not removable except as provided- Notwithstanding any thing to the contrary in any law, custom or contract, no trees standing on occupied or unoccupied land shall be removable therefrom except as provided in section.

84.When and by whom trees may be removed-

(1) 1[Omitted]

(2) A khatedar tenant 2[holding land below the celling area] may 2[xxx] remove trees standing on this holding for 2[any purpose]:

3[Provided that no such tenant-shall remove trees for purpose other than his bonafide or agricultural use except with the permission of such authority and subject to such terms and conditions as may be prescribed by the State Government.]

3[(3) A Gair khatedar tenant may, with the previous permission of the Tehsildar, remove any trees standing on his hloding for his own domestic or agricultural use.

(4) A Sub-tenant may, with the previous permission of the person from whom he holds, remove any trees standing on his holding for his own domestic or agricultural use.

(5) A khatedar tenant holding land in excess of the celling area desiring to remove any trees which vest in him or are in his possession may do so under a licence to be granted by the Sub-Divisional Officer.]

(6) upon receipt of an application under sub-section (5), the sub-Divisional Oficer may after making such inquiry as may be necessary in the prescribed manner and taking in to consideration the prescribed matter, grant the requisite licence in the prescribed form on payment of the prescribed fee, subject to such terms, conditions and restrictions, as may be prescribed.

(7) Nothing in this section shall apply to 4[xxx] the State Government or affect the right or power of the State Government to remove or cause to be removed or order the removal of any tree standing on any land entered in the name of the State in Revenue Records for any purpose.

85. Disputes regarding trees- If a dispute arises-

(a) as to the right to plant any tree, or

(b) as to the manner of planting it, or

(c) as to its ownership, or

(d) as to the right to remove it,

such dispute shall on application or otherwise be decided by the Tehsildar.

86. Penalties for unlawful removal- Whoever contravenes all or any of the provisions of section 83 or section 84 or any of the terms, conditions or restrictions of a licence granted thereunder shall be punishbale 3[by an Assistant Collector on an application or a report made to him].

4[9a) in the case of a first contravention:

where a tree has been removed, with fine which may extend to one

(i) hundred rupess for each tree that has been removed: and

in other case, with fine which may extend to one hundred rupees;

(ii) and \

(b) in the case of a second or subsequent contravention, with fine which may extend to double the amount of fine that can be imposed under clause (a).]

5[and any tree or timber thereof in respect of which such contravention shall have been committed may be forfeited to the State Government.]

Rules to give effact to the provissions by Sec 84 (2) of the Act. The procedure is provided in the Rajasthan Tenancy (Government) Rules 1955. These rules are in chapter V of Rules 1955 which runs as under:-

1[24EE- Form of application- (1) An application for permission under the proviso to sub-section (2) of Section 84 of the Act shall be in Form "C-1"

2[Provided that no such permission shall be necessary in case of removal of Eucaliptus, Su-Babul,

Ardu, Vilati Babul 3[Desi Babul] and Israeli Babul standing on applicant's holding is sought.]

(2) It shall be submitted to Teshildar having jurisdiction through the Patwari of the circle in which

the land son which the trees sought to removed are situated.

24-F. Patwari's Report- The Patwari shall, within a week of the receipt of the application and after seeing the site, submit his report to the Tehsildar in Part II of Form C-1 on correctness or otherwise of the particulars mentioned in the application.

4[24G.Enquiry and disposal5[xxx] (1) The tehsildar shall in every case inspect the site himself or get it inspected by an officer not below the rank of an Inspector, Land Records. The Tehsiildar or such Officer, as the case may be, shall clearly indicate in his inspection report (a) total area of holding of the applicant with khasra numbers, (b) number of trees standing on the holding, (c) number of trees sought to be removed; (d) justification for the removal of trees that may be permitted to be removed, and (e) specific reasons which necessitate removal of trees. The inspection report shall be submitted in from CI part III.

(2) Subject to the conditions laid down in these rules, the Tehsildar shall on receipt of such inspection report and after satisfying himself on the merits of the application that the mumber of trees sought to be removed is not excessive and is commensurate with the purpose for which removal is sought, grant the permission within 15 days of the receipt of the inspection report, but-

6["(a) The Tehsildar shall permit the removal upto 15 trees subject to the ceiling limit of a foresaid proviso.

(b) If the application is for the removal of more than 15 trees the Tehsildar shall forward the application to the Sub-Divisional Officer concerned alongwith the report. The Sub-Divisional Oficer after satisfying himself and subject to the ceiling limits of aforesaid proviso grant or refuse the permission stating the reasons thereof."]

(3) The permission shall be valid for a period of 30 days from the date of the sanction, and can be

extended for a further period not exceeding 30 days.

7["Provided that khatedar shall not be allowed to cut more than 10% of trees standing on his

holding in any calendar year."]

24H. Conditions for grant of permission- (1) removal of any tree or class of trees may be granted in following cases:

(i) If will help any work of constructionby and on behalf of the village community, or

(ii) If such revoval is necessary for the extension of cultivation or other agricultural activities of

the tenant, or

(iii) If it will mitigate any real existing grievance of the tenant, or

(iv) If the existing trees are so dense that they affect the fertility of the soil or otherwise cause

damage to the soil or standing crops, if there be any.

wise cause damage to the soil or standing crops, if there be any.

(2) Before grant of permission under these rules, the applicant shall given an undertaking in writing that he shall plant and stabilise two trees in lieu of the one permitted to be cut. The trees shall be planted at the place indicated in the undertaking and if no such place is indicated therein, at the place directed by Tehsildar. If it is not possible to plant the new trees on the land from where the trees are removed, without causing damage to the land, standing crops, grass or trees or building of neighbours, the same shall be planted and stabilised at a place directed by the Tehsildar:

Provided that the condition of planting two trees shall not apply if the permission is sought under clause (iv) of Sub-section (1) and there is no other part of the holding where such trees could be conveniently planted.

(3) If the permission is refused reasons of refusal shall be recorded in writing and edcommunicated to the applicant.

24-I. Inspection- All permissions issued under these rules shall be liable to inspection by any Revenue Officer, any Forest Officer, or by a Police Officer not below the rank of Sub-Inspector of Police and any breach of the terms of the permission or irregularity in the issue of the same shall be reported by the Officer detecting it to the authority which has issued the permission. 1[The Inspection made by Inspector, Land Records shall be recorded in register prescribed in Form C-1, Part VI)

24-J Cancellation of permission - The authority competent to issue the permission under these rules may at any time, before the trees are cut, cancel the same where it is subsequently discovered that the applicant had misrepresented facts to secure the permision.

24-K. Form & Register of Permission- (1) Permission should be in the "Form-CII" and a register of permissions in the same form shall be maintained and kept upto date at each Tehsil Office.

2["(2) In all cases in which permission has been granted for removal of [upto fifteen trees] 23 a copy of such order of permission shall be sent to the Sub-Divisional Officer and in other cases where permission has been granted for removal of more than 15 trees, a copy of such order of permission shall be sent to the Collector. Copy of each such order of permission shall also be endorsed to the Inspector, Land Records and Patwari who shall check that the conditions of permission are not violated, and report intringements if any."]

25. The fee for the issue of licences under sub-section (5) of the section 84 of the Act shall be as follows:

(i) Special licence - Nil

(ii) General licence - Anna one per tree or Rs. 5/- per acre, whichever is less.

FORM "C-I"

{See Rule 24-E}

PART-1

Application for permission under sub-section (2) of section 84 of the Rajasthan Tenancy Act, 1955.

To

The Tehsildar

Tehsil

(District)

Sir,

I am a Khatedar tenant holding land in your Tehsil and I desire to remove trees Which vest in me or are my property or are in my possession, and I, therefore, herby apply for permission under the proviso to sub-section (2) of section14 of the Rajasthan Tenancy Act 1955 (Rajasthan Act 3 of 1955) :-

2 The required particulars are given below :

(i) Name, parentage & age of the applicant .....

(ii) Full address of the applicant ......

(iii) Particulrs of applicatns holding, viz ......

(a) Name of Village, with name of Tehsil in Which holding is situated ...... ;.

(b) Khasra Number with area in acres/bighas ......

(c) Soil class ......

(iv) Particulars and class of trees, age if know, and approximate weight sought to be removed and name of village (Name of Tehsil) and Khasra Numbers in Which such trees are growing, together with soil class of the said Khasra Number.

(v) Ground on which permission is applied for fiz. -

(a) For the sake of the work of construction by and on behalf of the village community; or

(b) Clearing of land for extension of cultivation or other agricultural activities, or

(c) The mitigate any real existing grievance, or

(d) The existing trees are dried up and their removal is in the interst of plantation of new trees; or

(e) Removal of fruit trees which have become over-mature, rot and in which deterioration has set in ; or

(f) The trees sought to be removed are affecting the fertility of the soil or otherwise causing damage to the soil or standing frops.

(vi) Date of permission last granted and number of trees removed thereunder.

3. If the permission applied for is granted -

(i) I undertake to use the wood for the purpose indicated by me and for no other purpose and I shall abide by the terms and conditions of the permission.

(ii) I further undertake to plant and stablise two trees in lieu of everyone permitted to be cut as per direction of the Tehsildar.

4. I was granted permission vide order no ...... date...... for the removal of ...... trees and in lieu planted and established ...... trees on my holding.

Yours Faithfully,

Signature of the applicant

Dated......

Place......

FORM C-II

(See Rule 24-H)

Permission for removal of trees under proviso to sub-section (2) of Section 84 of the Rajasthan Teancy Act, 1955

1. The applicant above named is hereby authorised to fall and remove the trees within the period mentioned above and subject to the provisions of the Rajasthan Tenacny Act, 1955 (Act No. 3 of 1955) and Rule 24 H of the Rajasthan Tenacny (Govt) Rules, 1955, and to the further condition that the falling and removal of trees shall be without causing damage to the land of standing crops, grass or trees or buildings of neighbours.

2. This permission must be produced for inspection when demanded by a Revenue Officer, Forest Officer or a Police Officer not below the rank of Sub-Inspector of Police.

date ...... Signature of the Tehsildar

Seal......

FORM CC

{See sub-rule (5) of Rule 35}

Public Notice of loss or damage by agricultural calamity.

TO ALL WHOM IT MAY CONCERN

Take notice that the loss or damage caused by ...... (here state the nature of the agricultural calamity ...... in the area affected thereby namely more (here state and describe briefly the area affected by the calamity ...... is estimated to be as indicated below :-