GOVERNMENT OF ANDHRA PRADESH

FOREST DEPARTMENT

 

Ref.No.5357/2003/F.5,                                   Office of the Prl.Chief Conservator of

Dated: 25-1-2003.                                       Forests, 'Aranya Bhavan',A.P., Hyderabad.

 

Circular No.  -- 1/2003

 

Sri S.K. Das, IFS.,

Prl.Chief Conservator of Forests.

*** 

 

            Sub:- Patta Lands – removal of timber and other produce from patta lands –

                      consolidated guidelines issued – regarding.

 

            Ref:-1. PCC.F Rc.  No. 18606 /97/F 5 Dated 29-4-1997      

*** 

.

            In the reference cited, instructions have been issued, regarding procedure to be followed in dealing with patta cases, i.e. issuing of transit permits for the transportation of timber and other produce from patta lands to outside.  The instructions are further reviewed in the light of the experience gained in the implementation of the instructions issued earlier and to simplify the procedure and thus avoid inconvenience and hardship to the applicants in the processing of their applications for transport of produce from their patta lands.

            Therefore, the following instructions are issued for regulating the working of tree growth in the patta lands, situated both inside as well as outside the schedule areas.  These instructions  are issued in super session of all previous instructions. These are in the nature of guidelines and are supplementary to the statutory Acts and Rules.

 

I.                   PROCEDURE FOR WORKING OF TREE GROWTH IN THE PATTA LANDS  SITUATED IN SCHEDULED AREAS TO WHICH CHAPTER IIIA OF A.P.FOREST ACT 1967 IS APPLICABLE AND LARGE CHUNKS OF LANDS OUTSIDE THE SCHEDULED AREAS CLASSIFIED AS FORESTS IN GOVERNMENT RECORDS:-

 

As the lands in these categories are classified as 'forests' in Govt. records, Forest Conservation Act 1980 will be applicable in such cases.

 

These lands can be worked only after due permission from Govt. of India is received under Section 2 of FC Act 1980, in the manner approved by Govt. of India.

 

II.                 PROCEDURE FOR GRANT OF TRANSIT PERMITS IN ALL OTHER TYPES OF PATTA LANDS (OTHER THAN MENTIONED AT I ABOVE)

GENERAL:

i.        Person intending to fell and transport tree growth existing on the patta lands, shall make an application to this effect to the territorial DFO concerned in the proforma prescribed in the Annexure.I  along with all the relevant information as enclosures.

ii.       On receipt of the application, the DFO shall examine the same, specially the MRO's 'CERTIFICATE OF TITLE ON PATTA PRODUCE' as prescribed under Rule 5(3) of the A.P.Forest Produce (Transit) Rules 1970 furnished by the applicant.

iii.     The proforma for the above certificate, as per above Rule, is to be prescribed by the CFs concerned.  A draft 'Certificate of Title on Patta Produce' is prepared and appended herewith as Annexure.II.

iv.     The CFs are requested to examine the same and if deemed fit, adopt the same  as such or with modifications depending on the local requirements.  The DFOs must ensure that the applicants furnish the certificate in complete shape in all aspects.  If the DFOs take action on the incomplete Certificates which later on result into irregular sanction of Transit Permits, the DFO alone shall be held responsible.

v.      For verification whether all the required information has been furnished by the land owner in the application form along with annexure, a check slip   is prescribed and appended herewith as Annexure.III.

vi.    With regard to furnishing information in the  'certificate' by MRO, a copy of the instructions issued to Tahsildars, Revenue Divisional Officers and Collectors of Telangana, by the Commissioner of  Civil Supplies and Ryotwari Settlement, from Board of Revenue, regarding enquiry to be conducted by Tahsildars and Revenue Divisional Officers regarding title on timber and other produce on patta lands, during 1964, is enclosed herewith as Annexure.IV.  The same will be quite useful.

vii.  DFOs shall send a copy of the Application Form along with the copy of certified map of the patta land to the  FRO for field verification.

                a) The FRO shall verify the location and extent of patta land and certify to the effect that the same is located outside the RF.  If there is any variation, the same shall be reported to the  DFO at once.  The distance of patta land for the nearest RF shall also be reported.

b)      The applicant shall get all the tree growth enumerated and enumeration list prepared.  For the preparation of enumeration list, proforma as prescribed in the DET Manual and A.P. Forest Dept. Code Form No. 3A on page No. 328 shall be adopted.

c)      Enumeration list shall be prepared in triplicate, using carbon paper, each page duly signed by the applicant.

d)      Forest Section Officer concerned or any other section officer deputed for this purpose, shall test check 100% of the enumeration done, by the Pattadar and shall put his signatures on every page in token of having test-checked the same.

e)      The FRO shall test check 10% of the enumeation at random sample basis covering the entire area and attest the entries checked  by him in the enumeration list putting his dated initials, so that, the date of test check is recorded.

f)  If the extent of the patta land exceeds 2.00 Ha. 10% of the entries shall be test checked by the Sub-DFO/DFO concerned.

g)      In Patta lands where no yield of timber is expected, and by and large only firewood/root-wood is expected, the pattedar should lay sample plots of  10M x 10M size for every one Acre (0.4 Ha.) and arrive at the yield of fire-wood as well as Faggot/rot-wood, as the case be.  Such wood should not be heaped but stacked in regular shaped stacks before arriving at yield figures.    All the sample plots and stacks shall be test  checked by FSO. Whether the number of sample plot laid is 5 or more, FRO shall test check 20% of the sample plots i.e.1 plot  for every 5 plots.

h)      After due verification the FRO shall submit the enumeration list along with the estimate of yield of timber and fire/faggot/root-wood, species-wise, and bamboo if any, to the DFO.

i)  All the expenses in marking, enumeration etc.,  will be paid by the pattedar/applicant.

j)  On receipt of report from the FRO after due verification, the DFO shall accord permission for felling of the growth fixing  time limit for execution of the task.  The land owner shall take up felling of tree growth only after the due permission is granted.

k)      After felling of the growth, the pattedar shall prepare the list of timbers obtained species wise, as well as file/faggot/root wood, and bamboo if any, in triplicate and submit to the FRO.

l)  The timbers to be transported shall be digit numbered, firewood shall be stacked in regular shaped stacks e.g. square or rectangular stacks.

m)    The timber and firewood etc., so obtained shall be physically verified by the FSO, FRO, and Sub-DFO/DFO, before Transit Permits are issued by the DFO, in the same manner as mentioned in paras d to f above, ie., 100% check by FSO or Forester deputed for the purpose, 10% check by the FRO covering the entire area and 10% by the Sub-DFO/DFO if the area exceeds 2.00 Ha. in extent.

 

n)      The timber and firewood etc., should be stored only at the site of extraction.  Normally no permission for Intermediate Depot shall be granted for this purpose.

o)      After physical verification of the timber, fire wood etc., obtained on felling and conversion at site, the required number of transit permits should be issued by the competent authority for removal of the patta-produce.

p)      In respect of Teak Red Sanders and Sandalwood the permits shall be issued by the F SO or  Forester after the timber is loaded into the lorries.

q)      After completion of the transport of produce, the FRO should submit a completion report to the DFO giving details of the produce transported and number of T.Ps utilised, duly returning the used and unused T.Ps.  Copy of the C.R. should be marked to CF/PCCF if the permits are sanctioned by them.

 

B.            AUTHORITY FOR SANCTION OF TRANSIT PERMITS:-

 

a. Where the wood/sawn sizes is to be exported outside the country, the full details of the case, along with the details of each piece shall be reported to the Prl.CC. F for issue of Certificate of Origin.

b. Transit permits for timber and fuel wood, by lorries, pertaining to all species shall be issued by the DFO and by bullock carts and tractors for destination within the jurisdiction of the Range by FRO concerned.

 

C.            ISSUE OF TRANSIT PERMITS:

 

i)                    All the transit permits should be written in triplicate, using two sided  carbon papers for entries on duplicate and triplicate copies of T.Ps.  In no case, separate the entries be made on the original, duplicate and triplicate copies of the T.Ps.

            ii)      All the columns of T.P should be filled in clearly.  Validity period of the T.Ps

                    should be  kept at the minimum possible.

            iii)     The original T.P. should accompany the vehicle carrying the forest produce, the duplicate should be sent to DFO within 48 hours of issue and the triplicate retained in the permit book.

            iv)  The transit permit shall be accompanied by an attested copy (Not a xerox copy) of the proceedings of the DFO.

 

D. ACCOUNT OF PERMITS ISSUED AND PRODUCE   TRANSPORTED:

 

 

            The details of the transit permits issued by the FRO/DFO should be entered in a separate register in the Range/Division office to be called as "Watch-Register of T.Ps issued in Patta Cases"     in  the following proforma: 

 

S.No.

Name of the land owner & his complete postal address

Proceeding No. & Date of competent authority

Description of forest produce

Quantity

1

2

3

4

5

 

Place from where consigned

Destination

No. of T.Ps issued

Remarks

From

Sl. No.

To

Sl. No.

Total

6

7

8

9

10

11

 

            Extract of the Register should be  sent  to next higher authority every month.

 

 

E.  TIME FRAME FOR PROCESSING OF THE CASES:

 

            The entire processing of the cases of grant of T.Ps for transport of timber and other produce obtained from patta lands, should be completed within a period of (3) months from the date of receipt of applicable form in complete shape from the applicant at the earliest possible with a view to avoid undue hardships to the land owners.  Following time frame is prescribed for the purpose –

 

i)                    On receipt of application form in complete shape from the applicant, DFO shall forward the same to FRO within a fortnight of its receipt to the FRO for physical verification of the location and extent of the patta land and the later shall submit his inspection report to the DFO within another fortnight.

ii)      Similarly on receipt of enumeration list from the applicant, it shall be sent to FRO within a fortnight of its receipt and the later after due test check shall resubmit it to DFO within another fortnight.  Test check by Sub-DFO/DFO shall be completed within this period of a month.

iii)     On receipt of list of timbers, firewood/faggot wood etc., after felling  of tree growth, the same shall be inspected by Forester, FRO and Sub-DFO, if required, within a period of one month

 

F.            REVIEW OF CASES DURING OFFICE INSPECTION:

 

i)                    Review of all the patta cases shall be compulsorily made by CFs, during the Annual Division Office inspections in the Questionaire already communicated.

     ii)          Likewise, review of the above case in Range Office shall be made by DFOs and

                  that in the CFs Offices by PCCF/CCF during their Annual Office Inspections.

 

The receipt of the circular instructions should be acknowledged by return of post.

 

                                                             S.. K. Das,

Encl: 4 (Annex.I-IV)                                                           Prl.Chief Conservator of Forests.

 

To

All the CFs and DFOs (T)

Copies on the tables of PCCF and all the CCFs.

Copies to all the DFOs (FSP) and Vig.I & II, O/o.Prl.CCF Office.

Copies to CFs (EST), (TGP) & Vig., O/o.Prl.CCF., Hyderabad.

Copies to Superintendents G, F, P and X Sections, O/o.Prl.CCF Office.

Copy to stock file of circulars of PCCF.

 

 

//t.c.b.o//

 

SUPERINTENDENT

 

.

 

 

 

 

 

 

 

 

 

 

ANNEXURE I

 

APPLICATION FORM FOR GRANT OF TRANSIT PERMITS FOR TRANSPORT OF PRODUCE FROM PATTA LANDS

 

 

TO,

THE DIVISIONAL FOREST OFFICER

 

-----------------------------------------Division

 

i. Name of the applicant.

 

ii. Father’s name and complete

postal address.

 

iii. Whether he is a landowner

or G.P.A(G.P.A is made null

and void. In case of lands situated in Scheduled

areas.

 

iv. If G.P.A., please enclose

      the document.

 

v. Details of land from where

    tree growth is to be removed:

 

  a. Extent(area in Ha/acres)

 

  b. Classification of land as

       per Village/Revenue Records.

 

  c. Certified copy of map of land

issued of Survey and Land

records be furnished.

 

   d. Is the land situated in the

scheduled area?

 

   e. Is land an

1.Estate Land?                                                                              Yes/no

2.Inam Land?                                                                  Yes/no

3. Bilmaqtha Land?                                                            Yes/no

4. If any other category, specify                                         Yes/no

 

   f. Is the land a patta land                                                                     Yes/no

If Yes,

  Has it been granted under

         i. Bigawan System?                                             Yes/no

           ii. Darkhasth rules?                                                 Yes/no

              iii. Laoni Rules:                                                                       Yes/no

         iv. Or any other category, PI.specify

 

  g. Date of  sanction

 

   h. Authority. Who sanctioned it.

 

   i. Survey No. at the time of original

sanction  and they present S.No.

 

   j. Whether it is dry or wet land?

 

   k. Are  you entitled over the vegetative

growth?                                                                            Yes/no

 

   l. If yes, enclose a certified copies of

patta or any document  & MRO’s

“Certificate of title on patt5a Produce”

 

   m. Are the boundaries of the land

         clearly demarcated on the ground?                 Yes/no

vi. Is the tree growth on the land

      Natural or artificial                                            

      i.e., plantations?                                                                   Natural/ Plantation.

 

a.       If natural, what  type of tree

      growth is existing and how

      Old it is?

b.      If  plantation, when was it

      raised and with what species?

c.       How much quantity of timber,

      fire faggot/root wood, bamboo

etc. is expected to be obtained

From the land? (Mention species wise)

d.      Enclose a copy of Enumeration list

(in triplicate) alongwith abstract thereof.

 

vii. Whether he wants to use the produce                              Self-consumption / marketing

for  self – consumption or for marketing.     

 

viii. Place where the applicant proposes to

         keep the patta produce and transact

         the business.

 

 

Date :                                                                                          Signature of the Applicant

 

Place :

 

 

 

                                                                                                            APPROVED

                                                                                               

                                                                                                      Sd/- D.D. Mukherjee

                                                                                          Prl.Chief Conservator of Forests

                                                                                               

ANNEXURE II

 

CERTIFICATE OF TITLE ON PATTA PRODUCE ( SEE. R.5 (3)  OF THE

A.P. FORETS PRODUCE TRANSIT  RULES 1970

                                                           

 

                                                                     ********

 

 

Certified that I have examined the rights and titles of the applicant

 

 

 Sri / Smt.                                                                     Son  / Wife of

 Resident  of                                                                          Over the standing timber and other

Patta produce on the land held by him / her, the particulars of the same are

Furnished in the Annexure.

 

                                                                                                Signature

                                                                                   

                                                                                    (Name                                   )

                                                                                    MANDAL REVENUE OFFICER.

                                                                                    ………………………Mandal.

                                                                                    ……………………….Dist.

           

 

         

 

ANNEXURE TO THE CERTIFICATE

 

1.      Name of the Applicant or

pattadar.

 

2.      Survey No. and extent :

 

3.      Whether the land is a

patta, Bilmagta or Inam.?

 

4.      Date of sanction of patta .

bilmagta or Inam as the

case may be.

 

5.      Authority who sanctioned it

       and whether he component to

       accord such sanction.

 

6.     S.No. and extent at the time of

        the original grant and the

        Corresponding present S.No and

         nature of the land:

          i.e., dry or wet.

 

7.      Conditions of grant , if any.

 

8.      a) If it is patta granted.

          under the bigwan system

          state whether Bigawan amount

          has been paid and if so whether

          fully or in  part and whether for

          the entire area or only a part of

          it showing the exact extent?

      b) Whether any receipt has been

          produced in support of the claim

          of the Bigwan amount having

          been  paid? If so whether its

          genuineness has been verified

          from the official records.

 

    c)  If it is a patta land granted under

     rule  17 of the Laoni Rules of 1937 F.

     please state whether the upset

     price fixed by the M.R.O has been

     paid in full and if so give the ordiet

     particulars.?

 

   d) If it is a pattaland granted under

      the Laoni Rules of 1950 before

      they were amended making auction

      of the Forest Produce compulsory

      before handing over possession to

      the assignee, state whether the

      pattadar ha paid valuation in full

      and if so give the credit particulars?

 

    e)  If the land is Inam or Bilmagta state

       clearly with reference to the terms of

       the grant whether the occupant is

       entitled to the timber and if so to

       what extent?

 

   f)  If the patta is situated in the

       scheduled area. Is the chapter

       IIIA of Andhra Pradesh,. Forest Act 1967

       applicable to the area?

9)    Has the occupation of the land been

        continuous if not give details of the

        transfer of transfers to dether with date

        and also the official sanction for such

         transfers if necessary at that time?

 

10)     Whether  the land revenue has

           been paid continuously, if not are

           there any Government arrears on the land

           due from the occupant, if so, why the

           arrears should not be recovered by

           the attachment of the timber under the

           law in force?

 

11)     Is the extent and location of the present

           S.No. the same as the time of original

           sanction of patta if not give reasons thereof?

 

12)    If there is enhancement in the area

          state the reasons therefor  and also

          state clearly whether the occupants

          entitled to the excess area and the

          timber there on according to the rules

          and if so quote the authority.

 

13)  Whether a certified copy of the map

       issued by the Mandal Survey or the

       Asst.Director. Survey and Land Records,

       has been produced by the applicant?

 

14) Whether the M.R.O. has inspected

       the lands personally, if not why?”

 

15) Has the M.R.O. satisfied himself that

      the actual location of the land in the

      enjoyment of the occupant corresponds

      with that in the certified copy of the map

       issued by the L.R.A. or  DOS?

 

16) Have the boundaries of the land been

      clearly demarcated and if so by whom?

 

17) State clearly whether any portion of the

       land is Government land?

 

18) Are there any protected tenets or

      Shikmidars, if so give their names the

      area under their possession and their

      rights over the tree growth places see

      Sec. 24 of the Hyderabad Tenancy and

      Agricultural lands Act 1950?

 

19. a)  Is the landowner entitled to the timber

and other produce?

 

      b) Is any condition attached to the

          employment of the above title and what it is?

 

20) Remarks, if any.

 

 

                                                                                                Signature

Date:                                                                            (Name:                              )

Place:                                                                           MANDAL REVENUE OFFICER

                                                                                    …………………………..Mandal.

                                                                                    …………………………...Dist.

 

 

 

                                                                                      APPROVED

                                                                             Sd/- S.D. Mukherjee

                                                            Prl. Chief Conservator of Forests

 

 

 

 

ANNEXURE III

 

                                               CHECK SLIP

 

 

1.      Has the applicant furnished

      all the information in the

      application Form in Annexure I?

 

2.      If not, what action was taken

      by  the DFO, to obtain the same?

 

3.      Has the M.R.O furnished all the

     information in the certificate of Title

     on forest produce. In the prescribed

     proforma in the Annexure II?

 

4.      If not what steps were  taken

     by the D.F.O. to obtain the same?

 

5.      Is the D.F.O. fully satisfied about

      the title of the land owner over the

      timber and other produce over the land?

 

6.      In case of farm / private forestry

      plantation is the DFO satisfied

      about the details furnished?

 

 

                                                                                    Divisional Forest Officer

                                                                                    …………………..Divn.

 

…………………………………………………………………………………………………

 

 

                                                                            APPROVED

                                                   Sd/ - S.D. Mukherjee

                                                        Prl. Chief Conservator of Forests

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEXURE IV

 

ENCLOSURE :-

 

Copy of Board’s Ref. 12/4364/63, dt: 15th May, 1964 – Board of Rev A.P. 

*****

 

Sri V.Rajeshwara Rao. IAS.

Commissioner of Civil Supplies and Ryotwai I Settlement

 

            Sub :-            Timber on Patta Lands – enquiry regarding title – instructions – issued.

 

            Ref :-            Boards Ref. No. 12 / 4192 / 60. dt: 27-01-1961.

 

            Several instances have come to the notice of the Board where in a certain Collector had granted permission, to some pattadars, for felling of timber on their lands, on application made by them or on the references made by the Dist. Forest Officer. Before granting such permission some information regarding the patta lands concerned was called for from the Tahsildar concerned which was called the “ Patta Certificate. “ The Board has examined the matter and finds that it is incumbent upon a pattadar to apply for and obtain permission from the District Forest Officer for transportation of timber from his patta lands, for which he is required to obtain transit Permit from District Forest Officer under the Hyderabad Timber Transit Permit Rules of 1993 Falsi. But before issuing such permits the Forest Officers are insisting upon the applicant i.e., the pattadar to furnish them with the required information i.e., whether he is the pattadar to the land in question, whether the patta is genuine, whether he is entitled to the timber etc. it is here that the Revenue Department comes into the picture and the occasion should be utilized for safeguarding the Government interest there are no rules prescribing the method of enquiry by the Revenue Officers and the conditions to be fulfilled by a pattadar before a Collector can certify his titled to the timber. The so called “ Patta Certificate “ was neither prescribed by the Board nor by the Government. The following instructions are therefore issued in consultation with the Chief Conservator of Forest for the guidance of Revenues as well as Forest Officers.

 

1.      No Permission for the felling of timber need be issued by the Collectors or by any other Revenue Officer. The pattadars have to apply for an obtain transit permits for the tranportation of timber from their patta lands from the concerned Divl. Forest Officer. When a pattadar applied to the Divl. Forest Officer for permission to tell and tranport timber from his patta lands and for issue of transit permits the Divl. Forest Officer will refer the matter to the Collector for remarks regarding the eligibility of the pattadar to the timber. The Collector should direct the Tahsildar concerned to personally inspect the lands and submit a report in the enclosed proforma, through the Revenue Divisional Officers alongwith the connected records.

2.      The Tahsildar should not submit his report without having first inspected the land and satisfied himself that the land in question is actually a patta, duly verified and its position shown in the settlement Map etc. The proforma enclosed herewith should be filled in after examining thoroughly all the connected office records and the rules in force. On the receipt of the Tahsildar’s report, Revenue Divl. Officer will after verify carefully is correctness and inspecting the area, if necessary forward the same with his remarks to the Collector. The latter may after satisfying himself that the applicant has a bonafide right to the timber forward the Tahsildar’s report to the Divl. Forest Officer for necessary action.

3.      The Tahsildar should not issue copies of toposketches or of phodi or village maps where the survey maps are not available not should they issue them when the survey maps are available. In either case, the party should be directed to apply to the L.R.A. or D.O.S. and obtain the map of a certified copy thereon.

4.      The Tahsildar should first verify the map or certified copy thereof  produced by the party with the map, if available in his office. If they agree he should next verify carefully the post whether the land demarcated claimed to be in the possession of the applicant tallies with its situation in the map. If there is any variation he should report the matter to the Collector (Land Records) for guidance. It should also be verified whether there is any large, unaccounted for increase in the area of the lands in the revision as against the area noted during the original survey. Such variation should be reported to the Board by the Collector for order explaining the reason for the same.

In particular care should be taken to see that the land, the occupancy of which is claimed by the applicant is the land  originally granted to him or held by   him or patta. This is especially necessary where no phodi (Sub-Division) had taken place and consequently a survey map of the land is not available. In the past assignments were made, in certain inspects out of large poramboks or gut numbers without clearly demarcating the areas assigned. No phodi was made of the land so assigned and neither the Revenue not the Forest officers where in position to check whether the area so occupied by the assignees in them. It is quite possible that certain assignees had taken possession which contain valuable timber, although the area actually assigned to them might have been totally assigned to them have been totally different.

5.      In partial modification on the instructions issued in the Board’s reference cited, the Board directs that hereafter there should be a joint inspection of the land concerned by the Tahsildar with the concerned Divl. Forest Officers or Sub-Divl. Forest Officers in order to ensure that there are no illicit fellings in the adjoining beroons yet taken over or not required by the Forest Department. The D.F.Os Sub –D.F.Os should inspect at least 25% of the patta lands where the area exceeds 25 acres. Necessary instructions in this regard to the Divl. Forest Officers will be issued separately by the Chief Conservator of Forests.

6.      A register of the reports send by the Tahsildar should be opened in every Tahsil office and the concerned filed should be closed. D.Dis. so that they may be available for future reference if an occasion arise.

7.      For determining the right to timber on Ijara and Bilmagta land and rules contained in standing order given on pages 45 to 47 and the standing order 20 on page 50 of the Kawli and Ijara Manuals of 134 Fasli should be referred to and action taken accordingly. In regard to the Kowli land the standing orders 11 and 12 on pages 86 and 87 of the same manual will apply. Utmost care should be taken in examining a case with reference to those rules and see that Government interests are safeguarded accordingly. In regard to Inam lands also adequate care should be taken to safeguard the Government interests particularly attention is invited to section 3 of the Hyderabad Abolition of Inam Act 54 according to which all rights, titles and interests vesting in the inamdar to forest act. Shall cause and be vested in the State free from all encumbrances. Attention is also invited to section 4 of the same Act according to which an Inamdar is not entitled to be registered as an occupant in respect of forest lands be examined with reference to para 482 of Majmu-e-Quaneen Malguzari Vol.1 (Rule 20 of Hyderabad Settlement Rules 1818 F) cases concerning the rights of sethsindis over the tree growth on their Inam lands should be examined with reference to the revenue Dept’s letter No. 4480/4481 dt: 19-6-61924 F and no. 137 dtd. 16-1-1340 Fasli and Chief Conservator of Forests letter No. 6229 / dt: 9-7-1324 Fasli.

8.      The attention of the Revenue officer is invited to Circular No. 11 dt: Sherwar 1346 Fasli which clarifies the rights of the pattadar and Government over trees situated in patta land, as from 1st Azur 1318 Fasli i.e., date from which the hyderabad Land Revenue Act came into force. According to section 29 of the said Act. Reads with rule 18 of the Hyderabad Settlement Rules of 1318 Fasli, it shall be incumbent on the Forest Department to sell to the pattadar trees in which the Government have right, in case he is agreeable, on a reasonable amount of valuable and to fell them that if he is not willing. From the commencement of Fasli 1321 Government will have no right over the Irsali trees standing on patta lands and all such trees which could not be sold or felled would deemed to be the property of the pattedar. In regard to the right of the pattadars to timber and land assigned after the Hyderabad Land Revenue Act came into force section 31 and 32 of the said Act should be referred to. It will be seen there from that it would incumbent on the revenue authorities to have either felled or sold the timber before letting out the land for cultivation.

9.      Through letter No. 700 dt: 8-5-1319 Fasli Government issued order for assigning lands with timber thereon in Adilabad Dist. Aas per the rate fixed herein. These rates were revised in Government Lr. No. 468, dt: 2-3-1326 S.F. Through Cir No. 3 dt: 6-2-1328 F. Government extended these orders to all other Dists. Only. This was called Bigwan System, as it was found that the Bigwan system was not benefiting the poor Ryots and was found that the Bigwan system was not asbolished through Cicular No. 5 dt: 14-4-1341 F. Wherein it was further order that the instructions issued through No. 4 dtd. 22-2-134 F. for the recovery of the value of timber by disposal in auction should be followed. One exception made was that the timber on those lands of Ijara which was granted as Bilmaqta could be given as usual on valuation to the Ijar dars. These expectations were however, done away with through amending and circular No. 1 dt: 2-1-1354 Fasli.

Many assignments were made carelessly without collecting the bigwan amount. Hence special care has to be taken to verify as laid down in the proforma enclosed whether the bigwan amount has been paid by the pattedar.

In case the valuation under the Bigwan system was fixed for the timber of such land but the pattedar had neither availed of the timber nor paid the valuation and also in case where he had paid the bigwan amount partly but had not permitted to exploit the timber now. Such cases should be referred to Board of Revenue for orders.

10.  There are also certain pattas which were granted to ex-army personnel prior to 1344 SF, the rights of such personnel over the timber of such patta lands should be examined in the light of the following orders of the Government in the Revenue Department.

1.      Revenue Department Lr. No. 1339 dt: 22-12-1340 F.

2.      Revenue Department D.O. No. NIL dt: 18-12-1932.

3.      Revenue Department Lr. No. 143. dt: 17-1-1347 F.

4.      Revenue Department Lr. No. 1446 dt: 25-2-1351 F.

5.      Revenue Department Lr. Crl. No. 1 dt: 2-1-1354 F.

6.      Revenue Department Lr. No. 1 dt: 14-2-1354.

7.      Revenue Department Circular Instructions of 1354 F applying Cir No. 1 of 1354 F. to the patta cases of Ex-Army personnel (New addition).

11.  There are some pattas, which were granted by the Jagirdars, during the Jagir days to various individuals the rights of such individuals over the patta lands and timber thereon should be examined. In the light of section 6 of Hyderabad Jagir Abolition Regulation of 1358 Land Rules regarding Grant of Pattadari rights. In Non-Khasa village “Published in Gazette No.32. dt: 19th Thir 1356 F and the rights of the Government should be safe guarded.

12.  Attention is next invited to the Loani Rules of 1347 F The instructions issued in rules 11-17. and 20 should be specially noted. Rules 11 states that in case of general loani the timber should be auctioned alongwith the land. Rule 17 stated that under special loanis shall be binding upon the assignee to pay the price of timber possession paid except in the case where permission has been accorded for payment in instalments as per Rule 14.

13.  These rules were repealed by the Loani Rules of 1950. As these originally stood, timber was disposed of on the basis of evaluation. Since this was  unsatisfactory, rule 9 (f) was amended through Rev.Dept’s notification as dt: 8-1-1952 and the Tahsildars were instructed to auction the trees. Similarly, the corresponding rule 17 dealing with special Loani was amended videReve. Dept’s notification No.30 / 55. dt: 17-6-55. similarly instructions were issued by the Government in their Memo. No. IL II / 2866 / 60-1, dt: 14-11-1960.

14.  Certain instances also came to the notice of the Board and the Chief Conservator of Forests wherein permits were issued by certain Div. Forest Officers of Adilabad Dist. Only on the strength of the certified copies of pahani basis on the Circular No.2892 / K / 63, dt: 26-8-1952 issued by the Chief Consevator of Forests with the approval of the government. This circular states that permits of timber for transport of timber should be issued by the Divl. Forest Officer on verifying the certificate issued by the patwari of the village.

Panchayat committee or any gazetted officer, whether in service or retired, produces by the pattedar, since it is not safe to issue permits on the basis of such certificates by Divl. Forest Officers are requested not to act on them and issue permits. Action is being taken separately to cancel circular No. 2892-K / 63, dt: 26-8-1952.

15.  A history of the rules given above dealing with the disposal of timber is intended to enable the Revenue Officers to examine the claims of a pattadar to the timber on his lands and determine his rights. Such examination should be made very thoroughly so that Government interests should not suffer.

Sd/- M. B. Balaraj.

For Joint Secretary

 

To

All the Tahsildars revenue Divisional Officers, and Collectors  of the Telangana Region.

All the Divl. Forest Officers.

Copy to the Chief Conservator of  Forests and Conservator of Forests.

Copy submitted to the Govt. in Revenue Dept., and Agriculture Dept.

 

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Communicated for guidance. Once again.

 

Sd/- S. D. Mukherjee.

Prl. Chief Conservator of Forests