Punjab Apportionment of Trees Rules, 2000

Punjab Apportionment of Trees Rules, 2000

Published vide Notification No. 29/25/98-Ft.3/14024 dated 3.11.2000. Punjab Gazette, Part 1, dated November 17, 2000

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1. Short title and commencement.- (1) These rules may be called the Punjab Apportionment of Trees Rules, 2000.

(2) They shall extend to the trees standing on Government Road Strips in the whole of Punjab State.

(3) They shall come into force from the date of publication of this notification in the Official Gazette.

2. Definitions.- (a) Farmer : means a person who owns land under cultivation adjoining the strips owned by the State Government alongwith the roads.

(b) Land : means cultivated land adjoining the roads.

(c) Roads : means National Highways, State Highways, District Roads, Link Roads and Approach Roads; and

(d) Share : means a percentage of the sale value of the trees on strips owned by the State Government alongwith the roads adjoining the land of a farmer less cost incurred on raising the trees.

3. Application.- These rules will be applicable only to the land and not wastelands, uncultivated lands or lands utilised for other purposes such as Factories, Schools, Shops etc.
4. Apportionment.- Apportionment/sharing of trees will be done on existing management system of trees i.e. felling programme as prescribed in the working plans based on the rotation of each species and thinning where saplings and poles are generally removed and not from cultural operations. The share of the farmers in the revenue obtained from Royalty/sale of green and deed, dry and wind fallen trees will be as follows :-

Provided that the share value will only be paid to the farmers who sign the agreement in the form annexed to these rules for sharing of value of trees with the Department of Forest and Wildlife Preservation.

5. Farmer's Responsibilities.- The farmer in turn shall be responsible for the protection of the trees standing adjoining to his land from theft or illicit fellings, grazing and fire. In the event of the breach of terms and conditions of the agreement by the farmer or failure to protect the trees, the right to share value shall be forfeited :

Provided that in case of boundary disputes the boundary will first to be got demarcated before computation of value of the share.

6. Dispute.- In case of any dispute between the farmer and the State Government regarding share value, the case will be referred to Conservator of Forests of the area concerned whose decision will be final.

Form of Agreement to be Signed between Forest Department and Farmer for Management of Strip Forest along the Land of Farmer

An Agreement made on the _________ day of __________ between the Governor of Punjab through ___________ hereinafter called the Governor party of the one part and Shri _________ etc. resident of _____________ party of the part.

Whereas the Governor has agreed with the said __________ that the State Government will share the value of the trees grown on strips owned by the State Government adjoining to the land of the farmers in accordance with the provisions contained in the Punjab Apportionment of Trees Rules, 2000 with a view to the preservation and conservation of trees on the terms and conditions hereinafter appearing;

And Whereas the party of the second part has agreed to preserve and protect such trees;

Now these Presents Witnesses and the parties hereto hereby agrees as follows :-