The Madhya Pradesh Grazing Rules, 1986

Published vide Notification No. F-7-1-84-10-3, dated 30-6-1986, published in M.P. Rajpatra (Asadharan), dated 30-6-1986 at page 1057

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LEGISLATIVE HISTORY 6

In exercise of the powers conferred by clause (a) of sub-section (2) of Section 26, clause (1) of Section 32 and Section 76 of the Indian Forest Act, 1927 (No. XVI of 1927), the State Government hereby makes the following amendments in the Madhya Pradesh Grazing Rules, 1986, namely,-

Short title, extent and commencement.- (1) These rules may be called the Madhya Pradesh Grazing Rules, 1986.

(2) They extend to the whole of Madhya Pradesh.

(3) They shall come into force from such date as the State Government may by notification in the Official Gazette appoint.

Definitions.- (i) "Carrying capacity of grazing unit"means the maximum number of cattle units that can be admitted for grazing a particular grazing unit depending upon the incidence of grazing and other factors.

(ii) "Cattle" includes cows, bulls, bullocks, buffaloes, goat, horse, ponies, donkey, mules, sheep and camels;

[(iii) "Cattle Unit" means,-

(a)	Cows, bulls and bullocks upto 2 years	Half unit each.
(b)	Buffaloes upto 2 years old	One unit each.
(c)	Cows, Bulls and Bullocks over 2 years old	One unit each.
(d)	Buffaloes over 2 years old	Two units each.
(e)	Horses, mares, Geldings, ponies, Fillies, mules, asses	One unit each.
(f)	Rams, ewes, sheep, goats	One unit each.
(g)	Camels	Five units each
(h)	Elephant	Twenty units each;]

(iv) [x x x]

(v) "Commission Vendor" means a person appointed as commission vendor under Madhya Pradesh Forest Produce Pass Rules, 1961 read with Rule 35 of the Forest Financial Rules;

(vi) [x x x]

(vii) "Grazing Unit" means a unit of forest area declared open for grazing;

(ix) "Grazing year" means the period from the 1st July to the 30th June of the next year;

(x) "Incidence of Grazing" means the maximum number of cattle units that may be permitted to graze per hectare of a forest area;

(xi) [x x x]

(xii) "Transit Grazing Licence" means a licence issued by the Divisional Forest Officer or an officer or the commission vendor authorised by him to issue a licence permitting the cattle to pass through the Reserved and Protected Forest of the State;

[(xiii) "Grazing sub-unit" means the forest area of grazing unit which is allotted to any Joint Forest Management Committee;

(xiv) "Gram Sabha" means the Gram Sabha as defined in the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993;

(xv) "Joint Forest Management Committee" means the committee constituted vide Government order No. F-1A4-91-10-2, dated 7-2-2001.]

Constitution of grazing units.- (1) Grazing units shall be constituted by the Conservator of Forests in-charge of forest circles, provided that till such grazing units are constituted the Reserve Forest and the Protected Forest blocks shall be the grazing units.

(2) All the forest villages and village lying within 5 kilometres distance of forest block boundaries will be given preference in the issue of grazing licence in that particular unit. Listing of the villages shall be done by the Divisional Forest Officer whose decision shall be-final.

(3) The incidence of grazing in each grazing unit will be fixed by the Conservator of Forests in-charge of forest circles taking into consideration the grass production, soil erosion, type of forest and other factors of that gazing unit. Till such fixation the incident of grazing shall be as under :-

(i) All Reserved Forest Blocks :- 1. cattle unit per hectare.

(ii) All Protected Forest Blocks :- 2. cattle units per hectare.

(4) The carrying capacity of a grazing unit will be fixed by the Divisional Forest Officer from time to time based on the incidence of grazing as decided by the Conservator of Forests and area declared closed for grazing. The carrying capacity so fixed and the area closed for grazing shall be notified to the local Panchayats.

Regulation of entry of cattle in the forests for grazing.- (1) Cattle including the cattle allowed free grazing shall not be allowed to enter the forests without a valid grazing licence.

[(2) Rams, ewes, sheep, lambs, goats, camels and elephants shall not be permitted grazing in the Reserved Forests.

(3) In the reserved forests cattle other than those mentioned in sub-rule (2) in the protected forests all the cattle shall be permitted grazing upto the limit of carrying capacity of the grazing unit only. Entry of cattle into a grazing unit beyond the carrying capacity shall not be permitted.

(4) Subject to the limit of the carrying capacity of a grazing unit, grazing by cattle shall be permitted in the following order of preference :-

(i) cows, bulls, bullocks and buffaloes of listed villages of Forest Range, Forest Division in which the unit is situated depending upon the proximity of the village within the grazing unit permitted at the rates given in Rule 9.

(ii) cattle other than camels and elephants of listed villages;

(iii) cattle of Forest Range, Forest Division in which the unit is situated depending upon the proximity of the villages with the grazing unit;

(iv) cattle of other Forest Divisions;

(v) cattle of adjoining States;

(vi) camel and elephants.]

Procedure for grant of grazing licences.- [(1) Any person who wishes to obtain a grazing licence, shall apply to the concerned Gram Sabha in Form-A.]

[(2) to (4)].

[(5) The Gram Sabha shall be supplied with a list showing the allotment of villages to particular grazing unit/sub-units and the limits fixed as regards the number of cattles to be allowed to graze in particular units where any such allotment or limitation has been fixed.

(6) The Gram Sabha shall issue licence in the grazing units or the sub-unit to the extent of the carrying capacity of the unit for a particular period or for the grazing year.

(7) Grazing licence issued in Form "B" shall be valid only for the grazing unit/sub-unit for which they have been issued and shall cover period not exceeding one grazing year.

(8) Grazing licence holder may obtain duplicate copies of the lost licence on payment of Rs. 10/- only with an application to the Gram Sabha.

(9) Gram Sabha shall submit the Part 2 of the grazing licence to the Range Officer. Gram Sabha shall also submit the accounts of such grazing licence issued to the Range officer in the format prescribed by the Divisional Forest Officer.]

Area prohibited for grazing.- (1) No grazing shall be permitted in closed coupes, plantation area, grass birs and such other areas which may be declared closed for grazing and notified to the local Panchayats by the Divisional Forest Officer.

(2) Grazing control in National Parks and wildlife sanctuaries will be governed by the Wildlife Protection Act, 1972 and the rules made thereunder.

Transit grazing licence.- (1) A transit grazing licence shall be required when cattle in transit are obliged to pass through Reserved and or Protected forests.

(2) No transit grazing licence shall be required for cattle upto 4 [cattle units] accompanying casual traveller including cartmen.

(3) A transit grazing licence shall be issued in Form 'C' on payment of transit grazing fee.

(4) Cattle in transit shall not be allowed to graze for more than 30 days in a Range.

(5) While in transit:-

(a) If the cattle is obliged to halt for the night they will halt only at the recognised grounds or "paraos" with prior intimations.

(b) Transit grazing licence holders shall get the licence checked at the places mentioned in the licence.

[(6) Transit grazing licence may be valid only for the journey and for the period for which it is issued, the licence shall be deposited with the Range Officer, Range Assistant or the Beat Guard within 24 hours of reaching the destination.

(7) Should die journey exceed the prescribed destination, or period mentioned in the transit grazing licences, a fresh transit grazing licence must be obtained.

(8) Goat, sheep, rams, ewes, lambs and camels in transit shall not be permitted to graze in the reserve and protected forests but where in exercise of the right of way or where there is no alternative way, i.e. in absolute necessity a corridor passage may be permitted, not exceeding 100 metres on either side from the centre line of the road on such conditions as deemed necessary by the Divisional Forest Officer and will be clearly mentioned on the transit grazing licence.]

(9) The Conservator of Forests in-charge of forest circles shall impose suitable restrictions to ensure that transit grazing is not used as a pretext for regular grazing; as this will exceed the carrying capacity of the grazing in the grazing unit. The route opted for transit, should be reasonably straight between the starting point and the destination.

(10) No transit grazing licence may be issued in cases where the cattle owner does not disclose a definite starting point, route and destination.

(11) Subject to Rule 4, a transit grazing licence may be converted into regular grazing licence in any one of the Forest Divisions en-route provided carrying capacity of the units so permits.

Grazing for the cattle of adjoining States.- (1) The grazing or transit grazing facilities shall also be available to the cattle of the owners residing outside the State of Madhya Pradesh on the same terms and conditions and on the same fees as are provided in these rules, subject to the carrying capacity of the forest.

(2) The State Government shall specify the point of entry and exit of cattle, the route or routes to be followed by the cattle of the adjoining State.

[9. Grazing and transit of grazing fees. - In consideration for grant of grazing facilities,-

(a) Subject to the provisions of Rule 4, the annual grazing fees shall be charged at the following rates following cattle units owned by a villager :

(i)	Cows, bulls, bullocks	Nil
(ii)	Other cattles
	(a) Upto twenty cattle units	Nil
	(b) Twenty-one to Thirty cattle units	Rs. 4.00 per cattle unit.
	(c) More than thirty cattle units	Rs. 8.00 per cattle unit.

(b) Subject to the provisions of Rule 7, annual transit grazing fee shall be charged at the following rates :-

(i)	Cows, bulls, bullocks	Nil
(ii)	Other cattles	Rs. 40 per cattle unit.]

Grazing offences.- Violation of any provision of these rules or any condition of the licence issued thereunder shall constitute an offence under the Indian Forest Act, 1927.
Cancellation of licence.- The licence issuing authority shall be competent to cancel any licence issued under these rules in case of violation of any of the provisions of the these rules or deviation from any of the conditions of the licence :

Provided that before such cancellation the licensee shall be given a hearing. The decision of the licence issuing authority shall be final.

Repeal and saving.- The Madhya Pradesh Grazing Rate Rules, 1979 are hereby repealed except with respect to things done or omitted to be done under the rules so repealed.

Form 'A'

[See Rule 5(1)]

Form of application for Grazing Pass/Transit Grazing Pass

To,

The............. Gram Sabha.......... I.......... request for grant of Grazing pass/Transit pass. The particulars in this respect are as given below :-

(a) Name and address of the applicant

Father's name

(b) Type of Pass Grazing Pass/Transit

Grazing Pass.

Name of Grazing unit

Name of Grazing sub-unit

Name of Gram Sabha

(d) If application is for transit grazing pass

From where Village Tehsil District
Upto
Details of the routes fixed by the State Government.
Period of Transit

(e) Number and kind of animals

Signature........ Applicant Date............

OLD LAW 6

[Form 'B']

Grazing Licence

(See Rule 6)

Part-I Part-II Part-III

Book No............................................................................

Page No............................................................................

Gram Panchayat's Certificate Book No...............................................

Page No............................................................................

Name of Forest Division............................................................

Grazing Unit No....................................................................

Name of Range Assistant Circle.....................................................

Name...............................................................................

Father's Name......................................................................

Occupation.........................................................................

Address............................................................................

Description of cattle

Number of cattle

Number of cattle unit

Rate per cattle unit

Grazing fees

(1)

(2)

(3)

(4)

(5)

---------------------- Total ----------------------

Period for which valid............ upto 30th June, 20.....

Date :

.......................... Signature of Authority Issuing Licence

Seal of Division and year

Name................. Designation.................. Seal

[Form 'C']

Transit Grazing Licence

(See Rule 7)

Part-I Part-II Part-III

Book No........... Page No...........................................

Name of Divisions.........................................................

Name of Range Assistant Circle.....................................................

Name of Range...............................................................................

Father's Name......................................................................

Residence.........................................................................

From......... Village........ Range.......... Division................... to..... Village.......... Range......... Division.......... Approximate distance.................

Kilometres.

Period for which pass is valid from (Date).............. to (Date)................

Route...................

(a) Name of villages and towns enroute.....................

(b) Name of Ranges and Divisions enroute...................

(d) Name of paraos where cattle may camp enroute..............

Description of cattle

Number of cattle

Number of cattle unit

Rate per cattle units

Transit Grazing Fee

(1)