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. Fathers 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 & MROs
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 Boards 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 Tahsildars 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 Tahsildars 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 Boards
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 Depts 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.Depts 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. Depts 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