Rule, 2024

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

, 19 , 2024 14490 ¨sÁUÀ 4J ,

GOVERNMENT OF KARNATAKA

No.FEE 31 FDP 2022 Karnataka Government Secretariat, Multi-storied Buildings, Bengaluru, Dated:28.06.2024.

NOTIFICATION

In exercise of the powers conferred by section 102 of the Karnataka Forest Act, 1963 (Karnataka Act 35 of 1964) the Government of Karnataka hereby makes the following rules, further to amend the Karnataka Forest Rules, 1969, namely:-

RULES

1. Title and Commencement- (1) These rules may be called the Karnataka Forest (Amendment) Rules, 2024.

(2) They shall come into force from 15th of March 2024.

2. Amendment of rule 2:- In the Karnataka Forest Rules, 1969 (hereinafter referred to as the said rules) in rule 2:-

(i) after clause (5-D), the following shall be inserted, namely,- "(5-E) "Transit pass" means the authorization issued for transportation or movement of timber and other forest produce and shall include transit permit generated through any online system;"

3. Amendment of rule 25.- In rule 25 of the said rules, after sub-rule (2), the following shall be inserted, namely,- “(3) No occupation of land for any purpose shall be permitted except as provided in the Forest (Conservation) Act, 1980 (Central Act 69 of 1980).”

4. Substitution of rule 70.- For rule 70 of the said rules, the following shall be substituted.

"70. Rewards to officers and informants.- (1) In any case in which any person has been convicted of an offence against the forest laws and a penalty has been imposed and/or confiscation realized, the Principal Chief Conservator of Forests (Head of Forest Force) or officer in charge of the circle or any officer superior to him or the Deputy Conservator of Forest of the Division in which the offence is committed may grant to any person, officer or otherwise, who may have contributed to the conviction of the offender or to the seizure of the property confiscated, a reward not exceeding ten per cent of the estimated value of the forest produce involved or confiscated in that case:

, 19 , 2024 ¨sÁUÀ 4J 14491 , Provided that, the aggregate amount of rewards thus granted in any case shall not exceed,-

(i) rupees ten thousand, if made by the Deputy Conservator of Forest of the Division; and

(ii) rupees twenty-five thousand, if made by the officer in charge of the circle or any officer superior to him.

(2) In any case in which any person has been convicted of any offence against the forest laws, but no penalty has been imposed or on confiscation or if penalty imposed has not been realized or in any case in which any person has performed any service of special merit for prevention or detection of any such offence, rewards may be granted to person, officer or otherwise who may have contributed to the conviction.

Provided that, the aggregate amount of rewards thus granted in any case shall not exceed,-

(i) by the officer in charge of the circle or any officer superior to him, an amount not exceeding rupees ten thousand; and

(ii) by the Deputy Conservator of Forests of the division, an amount not exceeding rupees five thousand.

(3) The officer in charge of the circle or any officer superior to him and the Deputy Conservator of Forests are empowered to grant special rewards up to rupees five thousand and rupees two thousand five hundred respectively, for good service in regard to prevention or detection of offence against forest laws not covered by the foregoing sub-rules:

Provided that, no such reward shall normally be given for service in connection with forest fires.

(4) The officer in charge of the circle or any officer superior to him and the Deputy Conservator Forests may sanction rewards not exceeding rupees five thousand and rupees two thousand five hundred respectively, in cases relating to forest fires to Gram Panchayath level officers and other persons (not being Government servants of the Forest Department) and communities including Village Forest Committees or Eco Development Committees, who keep forests altogether free from fire or who render exceptionally good services in suppressing fires or who give information leading to the conviction of a forest incendiary.

(5) In forest offence cases, except in cases relating to forest fires, which have been compounded under section 79 of the Act, the officer in charge of the circle or any officer superior to him or the Deputy Conservator of Forests of the division may grant, in such proportion as they deem fit, to any person or persons who may have contributed to the detection of the offence and the seizure of the forest produce of value of rupees ten thousand and above involved in the case, a reward not exceeding five percent of the estimated value of the forest produce belonging to Government and involved in the case:

, 19 , 2024 14492 ¨sÁUÀ 4J , Provided that, the aggregate amount of rewards thus granted in any one case shall not exceed-

(i) rupees five thousand if made by the officer in charge of the circle or any officer superior to him; and

(ii) Rupees two thousand and five hundred, if made by the Deputy Conservator of Forests of the Circle.

5. Amendment of rule 143.- In rule 143 of the said rules,

(i) after the word "sea", the words "by railways, by the use of cart or any vehicle, by conveyor system or pipe or by any other means" shall be inserted.

(ii) after the word “port”, the word “stockyard” shall be inserted; and

(iii) the following Note shall be inserted at the end, namely:- “Note: For the purpose of this rule, the term vehicle shall have the same meaning as defined under the Motor vehicles Act, 1988 (Central Act 59 of 1988) and the term railway shall have the same meaning as defined under the Railways Act, 1989 (Central Act 24 of 1989) and the term Airport shall be the same meaning as defined under the Airports Authority of India Act, 1994 (Central Act 55 of 1994)”.

6. Amendment of rule 144.- In rule 144 of the said rules, the proviso after (g) and entries relating thereto shall be omitted.

7. Substitution of rule 145.- For rule 145 of the said rules, the following shall be substituted, namely:

"145. Pass for transport or removal of forest produce.- (1) Pass for transport or removal of forest produce:

(A) belonging to the Government shall be issued by Range Forest Officer or a subordinate officer duly authorized by him,

(i) in Form 25 in respect of timber; and

(ii) in Form 26 in respect of other forest produce.

(B) purchased from the Government forest or depot, shall be issued by a Forest Officer duly authorised in this behalf by the Deputy Conservator of Forests, in

Form 27.

(C) from inam lands or private lands including coffee lands, shall be in Form 28 and issued by,

(i) Range Forest Officer or such Deputy Range Forest Officer cum surveyor as may be authorized by him, if the forest produce to be moved is not more than five cubic metres of timber or thirty cart-loads firewood or one hundred bags of charcoal or one thousand bamboos; and ii) Deputy Conservator of Forests, if the quantity exceeds the limit specified in sub clause (i) (D) from private market or from outside the State shall be in Form 29, issued by a Forest Officer not below the rank of the Deputy Range Forest Officer cum surveyor.

, 19 , 2024 ¨sÁUÀ 4J 14493 ,

(2) Application for a pass referred to in sub-rule (1) shall be accompanied by a fee of rupees two hundred. However, in case of ores the fee at following rates shall be payable.

Mode of Transport Fee Conveyor system Rupees Twenty per metric tonne Rail Wagon Rupees Two thousand per trip Six Wheel Truck Rupees Four hundred per trip.

Ten Wheel Truck Rupees Six hundred per trip Twelve Wheel Truck Rupees Seven hundred and fifty per trip Fourteen Wheel Truck Rupees Nine hundred per trip Sixteen Wheel Truck Rupees One thousand one hundred per trip

(3) Passes issued under this rule may also be generated online electronically and be printed for issuance. Wherever required, the online electronically generated passes in various forms may be merged together for issuance and where integration of such online generated transit passes is required with other Government departments, the format for such integrated passes shall be notified by the Government.

(4) No goods vehicle as defined in clause (8) of section 2 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) shall enter a reserved forest without a pass given by a Forest Officer, duly authorized in this behalf and an application for such a pass shall be accompanied by a fee of rupees twenty-five.

(5) Any transit pass or No Objection Certificate generated through National Transit pass system shall be acceptable or valid within the geographical boundary of the State.

8. Substitution of Form 27.- For Form 27 of the said rules, the following shall be substituted, namely:

, 19 , 2024 14494 ¨sÁUÀ 4J , “FORM 27

TRANSIT PASS

(See sub-rule (2) of rule 145) Book Number: Pass Number :

Pass for the transport of timber and other forest produce by consumers and purchasers from Government Forest and Government depots.

1. From where the forest produce is removed (Forest/depot/forest lease):

2. Destination and address of the place to which the forest produce is to be transported:

3. Name and address of the person/entity to whom the pass is issued:

4. Marks if any on the timber/forest produce:

5. Route:

6. Mode of Conveyance:

7. Vehicle No./Conveyance ID, if any:

8. Name of the check posts en-route, where the pass and the material are to be produced for check:

9. Time allowed (in hours):

10. Particulars:

Dimensions as applicable Type of forest produce (Timber, Mineral, Firewoo d, Billets, Poles, etc) Specie s / Grad e Numb er or quanti ty Lengt h Girt h Widt h Thickne s s/ Height etc.

Quantity mbe r etc.) and its unit Remark s

11. Any other relevant information/Total quantity:- Date and Time of Issue of Pass:

Station:

Signature and designation of the officer issuing the pass , 19 , 2024 ¨sÁUÀ 4J 14495 , (To be printed in duplicate:Original to accompany the forest produce in transit and the duplicate copy to be remained as counterfoil in the issuing office.)”

9. Substitution of Form 29.- For Form 29 of the said rules, the following shall be substituted, namely:

“FORM 29

TRANSIT PASS

(See clause (1) sub-rule (1) of rule 145) Book Number: Pass Number :

Pass for removal of timber and other forest produce from private market/depots or imported from outside the State:

1. The private depot or place from where the forest produce is removed:

2. Destination and address of the place to which the forest produce is to be transported:

3. Name and address of the person/entity to whom the pass is issued:

4. Marks if any on the timber/forest produce:

5. Route:

6. Mode of Conveyance:

7. Vehicle No./Conveyance ID, if any:

8. Name of the check posts en-route, where the pass and the material are to be produced for check:

9. Time allowed (in hours):

10. Number and date of pass in Form 27 or 29 or Import pass against which this pass is issued:

11. Particulars:

Dimensions as applicable , 19 , 2024 14496 ¨sÁUÀ 4J , Type of forest produc e (Timbe r, Minera l, Firewo od, Billets, Poles, etc) Speci es Grade Num ber or quan tity Lengt h Girt h Widt h Thickn ess/ Height etc.

Quantity Number etd.) and its unit Remark s

12. Any other relevant information/Total quantity:- (To be printed in duplicate: Original to accompany the forest produce in transit and the Duplicate copy to be remained as counterfoil in the issuing office.)” By Order and in the name of the Governor of Karnataka (M.S. LEELAVATHI) Under Secretary to Government, Forest, Ecology & Environment

GOVERNMENT OF KARNATAKA

NOTIFICATION

RULES

“FORM 27 TRANSIT PASS Book Number: Pass Number :

“FORM 29 TRANSIT PASS Book Number: Pass Number :

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Karnataka Forest Act, 1963