Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977
No: -- Dated: Apr, 05 1978
Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977
These Rules supersede the Assam Settlement of Forest Coupes and Mahals by Tender System Rules, 1967 notified under No. FOR 329/65/46, dated 25th September, 1967 and No. FOR 329/65/56, dated 25th September, 1967 respectively.
1. Title and application of the rules. - (1) These rules shall be called the Assam Sale of Forest Produce, Coupes and Mahals Rules, 1977.
(2) They shall come into force with effect from 1st day of August, 1977.
(3) They shall extend to all areas to which the Assam Forest Regulation, 1891 applies.
2. Definitions. - In these rules, unless there is anything repugnant in the subject or context-
(a) "Governor" means the Governor of Assam;
(b) "Government" means the Government of Assam ;
(c) "Conservator" means the Conservator of Forests and includes Chief Conservator of Forests also ;
(d) "Divisional Forest Officer" means the Divisional Forest Officer of a territorial or non-territorial Forest Division ;
(e) "Contractor" means the contractor registered as such under the Forest Department:
(f) "Mahaldar" means the Mahaldar registered as such under the Forest Department or in the office of the Chief Conservator of Forest or in any of the circle offices or division offices;
(g) "Coupe" means a compact area wherein a number of trees are premarked for sale;
(h) "Mahal" means a well defined area wherefrom certain types of forest produce are sold ;
(i) "Lot" means a collection of forest produce meant for disposal;
(j) "Forest produce" means "forest produce" as defined under Section 4 (a) and (b) of the Assam Forest Regulations 7 of 1891.
3. Mode of sale. - The forest produce shall be sold by any of the following methods :
(1) By inviting tender ;
(2) By public auction :
Provided that the State Government in the Forest Department may settle a Mahal by negotiation with the intending parties or purchasers giving them opportunity to make offers of negotiation, if offer for a particular Mahal is not received by inviting tender or by public auction by putting sale notices consecutively for three times within a period of 6 (six) months or if the concerned Divisional Forest Officer, fails to put such sale notice consecutively for three times within a period of 6 (six) months.
Part I
Sale by Tender System
4. Notice for tender. - Brief advertisement inviting tender (Tender Notice) for sale of Mahal/Timber lots containing the names of the Mahals/lots, Areas of the Mahal/quantity of timber, period of the lease/settlement which shall not exceed two years alongwith the date, time and venue for receipt of tenders, shall be published in the "Local daily newspapers" for at least consecutive two days by the Divisional Forest Officer at least one month prior to the last date fixed for submission of tender stating that the details of the Mahals/lots and other terms and conditions shall be available in the sale notice, which can be procured from the offices of the Divisional Forest Officer during office hours of any working day on payment of Rs. 50.00 (Rupees fifty) per copy of the sale notice :
Provided that for resale of any Mahal or timber lot, publication of short sale notice at least fifteen days before the last date of receipt of the tender shall be made which may or may not be published in the newspapers.
5. The notice for sale shall be given as per Form at Appendix I. resale, publication in Gazette will not be necessary.
6. Earnest money. - (1) Before submission any tender, the tenderer shall deposit, in the treasury or in any branch of an approved Scheduled Bank, an earnest money (as fixed by the Conservator) by bank draft/treasury challan for each coupe or mahal pledged to the officer calling for tender.
(2) The earnest money shall be reduced by 50 per cent in case the tenderer belongs to any of the Scheduled Castes, Scheduled Tribes, or the Backward Classes recognised by the State Government on production of caste certificate issued by the D.C. and Additional D.C. or the S.D.O. or S.D.C. concerned.