|
|||||
|
| NOTIFICATIONS 1.Forest Royalty
Dated
Kohima, the 21st November, 2001. No.FOR/GEN-4/2001
: In pursuance to the
Hon’ble Supreme Court order dated 15.01.98 in writ petition (Civil) No.202 of 1995 as
per clause 11, the Governor of Nagaland is pleased to revise the existing Forest Royalty
by 20% with immediate effect as mentioned below 2. The
Governor of Nagaland is further pleased to order that :
(i)
An increase
on Forest Royalty rates by 100% on all categories of timber and forest products extracted
from Government owned land. (ii)
Imposition
of additional 10% of royalty in the form of “Exit Duty” on all categories of
timber, finished and semi finished products and all other categories of forest products REVISED RATES OF ROYALTY Special Class 1. Tectona grandis TEAK Rs.1483/- per cubic meter
or Rs.42/- per cubic foot Class A-I (Constructional and Decorative Timber) Rs. 678/- pecubic meter or Rs.19/-per cubic foot 1.
Michelia champaca
TITA SOPA 2. Morus
lavaegata
BHOLA 3. Gmelina arborea GOMARI 4. Phoebe goalparensis BONSUM 5.
Mansonia dipikac
BADAM
6.
Dalbergia sissoo
SISSOO 7.
Shorea robusta
SAL 8.
Terminalia myriocarpa
HOLLOCK Rs. 678/-
per cubic meter or
Rs.19/-per cubic foot 1.
Dipterocarpus macrocarpus HOLLONG 2. Juglans regia WALNUT 3. Shorea assamica MAKAI 4.
Phoebe cooperiana
BONSUM Rs. 594/-
pecubic meter or
Rs.16.8/-per cubic foot 1.
Albezzia lebbec
KALA SIRIS 2.
Algezzia procera KOROI 3.
Amoora wallichu AMARI 4.
Arctocarpus chaplasha SAM 5.
Altingia exelsa
JUTULI 6.
Betula alnoides BETULA 7.
Chikrasia tabularis
BOGIPOMA 8. Cedrella toona JATIPOMA 9.
Cinnamommum cecicodaphne GONSOROI
10.
Canarium resiniforum DHUNA 11.
Endospermum chenensis PHULGAMARI 12.
Euginia jambolana JAMUN 13.
Magnolia rubra SOPA 14.
Mesua ferrea
NAHOR 15.
Schuma wallichi
GOGRA 16. Pinu
khasiva
PINE 17.
Tenninalia chebula HELIKA 18.
Taluma phelocarpa GAHORISOPA Rs.594/-
per cubic meter 1.
Ailanthus grandis
BORPAT 2.
Bombax malabaricum
SIMUL
3. Mangifera indica AM 4.
Tetramelus nudiflora PHELU Rs. 508.8/- per
cubic meter or Rs.14.4/- per cubic
foot. 1.
Acrocarpus fraxinifolius MANDHANI 2.
Arctocarpus integrifolia
KOTHAL SAM 3. Adina
cordifolia HALDU 4. Alnus
nepalensis
ALDER 5.
Bischofia javanica
URIUM 6.
Dellima indica
OUTENGA
7.
Duabanga sonneretoides
KHOKON 8.
Cassia fistuia SONARI 9.
Goruga pinnata THUTMOLA 10.
Lagerstroemia flosregine AJHAR 11.
Lagestroemia pargiflora SIDA 12.
Lannea grandis
JIAPOMA 13.
Sterospermum chelenoides PAROLI 14.
Terminalia belerica BEHERA Rs. 508.8/- per
cubic meter or Rs.14.4/- per cubic
foot. 1.
Anthrocephalus cadamba DAM 2.
Alstonia scholaris CHETIANA 3. Ficus
SPP ROBOR GAS 4.
Pterospermum acerifoluim HATIPOILA
5.
Pterospermum lanciofoluim BONBOGURI
6.
Podacarpus nerifolia
JINARI 7.
Phoebe cooperiana
MEKAHI 8.
Spondias mangifera AMRA Class C 1. All
species not mentioned above
-
Rs.381.6/- per cubic meter or
Rs.10.8/- per cubic foot. Class D
(Non Timber Forest Produce) 1. Bally
post
-
Rs.0.60 paise per meter 2. Fire wood - Rs.12/- per stack of
1.5m x 1.5m
x 1.0m 3. Thatch - Rs.12/- per 100 bundles
of 30cm
girth 4. Cane
-
Rs.3/- per 100m 5. Reed
-
Rs.9.60/- per 1 metric ton 6.
Bamboo
-
Rs.12/- per 1 metric ton
or
Rs.36/- per 100 clumps 7.
Charcoal
-
Rs.10/- per 100 kg or
Rs.3.60
per gunny bag 8. Sand,
boulder, pebble, broken stone
-
Rs.6/- per cubic meter 9. Stone
powder
- Rs.4/-
per cubic meter 10. Clay
and earth - Rs.3/-
per cubic meter 11. Bee
wax
- Rs.12/-
per kg 12. Coal
-
Rs.48/- per mt 13.
Produce not listed above
-
20% aduolorem as fixed by PCCF Definitions 1. Timber
means any section of a tree of more than 0.5m girth at mid section of length not more than
1 meter. 2. Bally
post means timber less than 20cm in girth. 3. Firewood
means timber less than 1 meter long less than 50 cm girth and if more than 50cm girth it
must be splitted. 4. 4.
All timber measurements for finding the cubic contents shall be measured with the formula. G2x11 (Girth is
squared and multiplied by height and the product is divided by 16) where G is girth, H is
the height of tree or length of the tree sections.
2.Nagaland Tree Felling Regulation, 2002
NOTIFICATION No.FOR/GEN-7/2000-II
Dated
Kohima, the 27th February, 2002. Whereas,
by interim order dated 12.5.2001 passed in WP
(C) No.202 of 1995, the Hon’ble Supreme Court had directed, interalia, that
guidelines/rules be framed regarding felling of trees from non-forest areas including in
respect of plantations on non-forest areas; Therefore,
in pursuance of the directions of the Hon’ble Supreme Court referred to in the above
said order dated 12.5.2001 and in exercise of all the enabling powers vested in the State,
the Government of Nagaland hereby makes the following regulations as follow : 1. (i)
These regulations shall be called the
“Nagaland Tree Felling Regulation, 2002” (ii) These shall extend to the whole
of Nagaland in respect of felling of trees
from Non-Forest areas including tree plantations on Non-Forest areas. (iii)
These shall come into effect from the date of notification. 2. Registration of Tree plantations : (i)
Tree plantations raised in private and community holdings but not covered by
working schemes shall be registered with the local Divisional Forest Officer in the manner
as may be prescribed in this behalf. (ii)
Registration of such plantations shall be made on the basis of a certificate issued
by the respective village council authority as to the ownership and rights. (iii)
The Divisional Forest Officer shall prepare and make available a certificate of
such registration to the registered owner with copies to the village council, Conservator
of Forest and Principal Chief Conservator of Forest 3. Procedure for permission for felling of trees from
registered plantation: (i)
Applications for permission for felling of trees shall be made to the Divisional
Forest Officer (ii)
Application shall contain the species, number and quantity of trees to be felled
and the same be accompanied with a copy of registration certificate. (iii)
The Divisional Forest Officer shall prepare and make available a certificate of
such registration, which shall inter-alia include a location map/sketch of the
plantations, to the registered owner with copies to the village level body, Conservator of
Forests and Principal Chief Conservator of Forests. (iv)
The registered owner shall be informed of the outcome of his application within a
period of 60 days from the date of filing his application. (v)
Permission shall be issued by the Divisional Forest Officer and copy of such
permission shall be transmitted to the respective Village Council. 4. Tree species not
requiring felling permission: All horticultural tree species will
not require permission for felling, from Non Forests Area including plantation of such
spp, excluding the following species: a) Aam
(Mangifera indica) b) Wild apple 1. Restriction of Permission: (i)
No permission for felling shall be allowed except in respect of registered
plantations or in respect of felling of isolated Trees as provided in this Regulation. (ii)
Permission shall not be granted where the Trees are less than 5 years old. 2. Permission
for felling of isolated Trees in Non-Forest Areas like Homestead/Farm Houses etc. (i)
Permission for felling of isolated trees from Non-Forest Areas like homestead/farm
houses etc, subject to the maximum of five trees per applicant, shall be granted by the
Divisional Forest Officer. (ii)
Application along with the certificate of ownership issued by the Village Council
shall be made to the Divisional Forest Officer through the respective Range/Beat Officer,
who shall make a verification report of the trees. (iii)
The Divisional Forest Officer shall forward proposal to the Conservator of Forest
of the respective circle, who shall in turn forward the same to PCCF for obtaining
approval of the State Government. (iv)
Applicant shall be informed of the outcome of his application within 60 days of the
date of filing such application. (v)
Permission shall be issued by the Divisional Forest Officer and a copy of such
permission shall be transmitted to the respective Village Council, Range/Beat Office. 7. Removal
of felled trees:
(i)
No trees/timber shall be removed from the felling site without Transit Pass issued
by the Officers of the Forest Department authorised under the relevant Nagaland Transit
Rules. (ii)
Transit Pass shall be issued in accordance with the permission and on realisation
of dues and fees payable to the State Government. 8. Consequence
of violation of regulations:
Any tree/timber felled, transported and
converted in contravention of these regulations
or any order made thereunder, shall be liable to be seized and the same be released to the
lawful claimant after payment of a fine determined at the rate of 30% of the value of the
Royalty at the rate in force at the time of seizure. Provided that wherein claim of
ownership has been made in respect of the seized Timber in transit within a reasonable
time, it shall open to the State Government to dispose of such seized timber and the
proceeds thereof may be returned to the lawful claimant after deducting all the expenses 9. Seizure of trees felled in
violation of rules/guidelines:
(i)
Timber obtained from trees felled in violation of these instructions shall be
deemed to have been seized to the State Government. However, the Divisional Forest Officer
shall be at liberty to release the timber obtained from such trees, to the legal title
holder(s), after recovery to an amount equal to 200% of the royalty for the tree/timber. (ii)
The seizure of timber as per 9.1 above is without prejudice to any action or
penalty leviable under the relevant acts or
rules. 10. Revision: The State Government may at any time
call for and examine the records relating to any order passed or proceeding taken under
these regulations by another/other authorities for the purpose of satisfying itself as to
the legality or correctness of such order or proceedings and may pass such order as it may
deem fit. 11. In pursuance of the Supreme Court order Dated 12th
May 2001, concurrence of the Ministry of
Environment & Forests was obtained vide Ministry’s letter No.8-180/NEC/2001/Pt.II Dated 7th January 2002. 12.
This supercedes Government
Notification of even number Dated 7th
July, 2000
issued earlier in this regard Sd/- ( Dr. S.C.DEORANI )
Commissioner &
Secretary to the Government No.FOR/GEN-7/2000-II
Dated
Kohima, the 27th February, 2002. Copy to:- 1. The Special
Secretary to the Governor, Raj Bhawan, Kohima. 2. The
Principal Secretary to the Chief Minister, Kohima. 3. The Sr.
P.S. to Minister (Forests & Environment), Kohima. 4. The
Secretary, Ministry of Environment & Forests, Paryavaran Bhavan,C.G.O. Complex, Lodi
Road, New Delhi. 5. The Chief
Secretary, Nagaland, Kohima. 6. The
Director General (Forests) & Special Secretary, Ministry of Environment & Forests,
C.G.O.Complex, Lodi Road, New Delhi. 7. The
Principal Secretary/ Commissioner & Secretary/ Secretary/ Additional Secretary holding
independent charge. 8. Director
General of Police/ Principal Chief Conservator of Forests/ Commissioner, Nagaland, Kohima. 9. Principal
Chief Conservator of Forests, Assam ArunachaPradesh/Manipur/Meghalaya/Mizoram/Tripura for
information. 10. The Accountant General, Nagaland,
Kohima. 11. The Regional Chief Conservator of
Forests, Ministry of Environment & Forests, Upland Road, Laitumkhrah, Shillong. 12. The Chief Conservator of Forests/
Conservator of Forests/ DFOs/ Dy.CFs
in Nagaland. 13. All Deputy Commissioners in
Nagaland. 14. Publisher, Nagaland Gazette for
publication in the next issue. 15. Guard file.
( Dr. S.C.DEORANI )
Commissioner
& Secretary to the Government |