LexThe ARUNACHAL PRADESH ANCHAL 3AND VILLAGEFOREST RESERVE (CONSTITUTION AND MAINTENANCE) ACT, 1975 (ACT NO. 1 of 1976) as amended
Arunachal Pradesh · state statute
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THE ARUNACHAL PRADESH ANCHAL 3
[AND VILLAGE]FOREST
RESERVE (CONSTITUTION AND MAINTENANCE) ACT, 1975
(ACT NO. 1 of 1976)
(Assent by the Administrator on 12/01/ 1976) published in AP
EOG No 12 Dtd 10/02/ 1976) {10/02/ 1976)
I.As amended by Arunachal Pradesh Anchal Forest Reserve
(Constitution and Maintenance) Act, 1981 (Act no. 3 of 1981)
Assented by the Administratoron 20/ 11/ 1981) and published in
AP EOG Vol II no 168 Dtd 23/ 11/ 1981 (wef 23/ 11/ 1981)
2.As amended by Arunachal Pradesh Anchal and Village Forest
Reserve (Constitution and Maintenance) Act, 1984 (Act no. 4
of 1984)
(Assent by the Administrator on 07/06/ 1984) and published in
AP EOG No 334 Vol 11 Dtd 16/ 6/ 1984 [ wef 16/6/ 1984]
Note- 3
[1nserted by 1984 Amendment Act (no 4 of 1984)
s2 wef 1/4/ 1985]
AN
ACT
to provide for constitution and maintenance of Anchal Reserve
Forests in Arunachal Pradesh and other matters connected
therewith.
Whereas it is expedient to constitute for the benefit of the
people of Arunachal Pradesh, Anchal Forest Reserves in
Arunachal Pradesh.
It is hereby enacted in the Twenty-sixth Year of the Republic of
India as follows :-
1. (1) This Act may be called the Arunachal Pradesh Anchal 3land
Village] Forest Reserve (Constitution and Maintenance) Act, 1975.
(2) It extends to the whole of Arunachal Pradesh.
(3) It shall come into force at once.
Short title,
extent and
commence
ment.
2. (1) In this Act, unless there is anything repugnant in the subject
or context :-
(a) "Anchal Forest" means an Anchal Forest Reserve
constituted under this Act;
(b) Anchal Samity" means an Anchal Samity constituted under
the NEFA Panchayat Raj Regulation, 1967 (Regulation 3 of
1967);
© "Official Gazette" means the Arunachal Pradesh Gazette;
'Ilcc) Prescribed:means prescribed by rules under section 6.]
(d) "State Government" means the Government of Arunachal
Pradesh;
1
{(dd) Village- means a village as defi ned under clause (xii) of
section 2 of the NEFA Panchayat Regulation,1967.J 3
A[(ddd) "Village Forest Reserve" means the Village Forest
Reserve constituted under this Act.]
( e) "Year" means the Financial year from 1st April of any year
to 31stMarch of the following year; 1A[(f) [deleted]
(2) Words and expression used but not defined in this Act and
defined in Assam Forest Regulation VII of 1891 shall have the
meanings respectively assigned to them in that Regulation.
3. (1) The State Government may, by notification in the Official
Gazette, constitute any land (other than Reserved Forest) at
the disposal of the Government as an Anchal Forest Reserve in
the manner provided in Chapter II of the Assam Forest
Regulation 1891 for the constitution of Reserved Forests. 18
{(2) All lands, where forest plantations can be raised, shall be
constituted into Anchal Forest Reserves]
38
[3A. The State Government may, by notification in the
Official Gazette, constitute any land (other than Reserve
Forests) at the disposal of the Government as a Village
Forest Reserve in the manner provided in Chapter II of the
Assam Forest Regulation, 1891 for the constitution of Reserve
Forests.]
Definitions.
Power to
constitute
Anchal
Forest
Reserve.
4. The provrsions of Assam Forest Regulation, 1891 relating to
Reserved Forests shall apply to Anchal 3
c[and Village]Forests
Reserves.
5. The revenue earned from each Anchal Forest Reserve shall be
shared by the State Government and the concerned Anchal
Samity and 2
[Village] in the manner hereinafter provided.
(i) The State Government shall meet the ordinary non-recurring
and recurring expenditure of any year out of the revenue
received during the year from the management of the Anchal
Forest Reserve. The balance left after meeting such expenditure
shall hereinafter 2
A[be]referred to as the net revenue of the year.
(ii) The State Government shall retain every year fifty per cent
of the net revenue of the year. Provided that if in any year, the
ordinary non-recurring and recurring expenditure equals or
exceeds the ordinary non-recurring and recurring
expenditure over the revenue receipts, such excess
expenditure shall be added to capital expenditure for the
purpose of clause (iii).
(iii) All capital expenditure in a year shall be borne in the first
instance by the State Government which shall be entitled
to recover such capital expenditure at the rate of ten per cent
till such time it is completely recovered. If there is any
deficiency in any year in the recovery of capital expenditure as
aforesaid, it shall be made out of the net revenue of
succeeding year or years so that total recovery of capital
expenditure shall be made without default.
(iv) The State Government shall transfer to the concerned
Anchal Samity and 2
[Village] every year, in equal share, 50% of
the net revenue of the year less the amount the State
Government is entitle to recover under clause (iii).
(v) The State Government shall arrange to disburse to the
Anchal Samity and 2
[Village], the amount payable under
clause (iv) every year.
Applicability
of Assam
Forest
Regulation,
1891.
Sharing of
revenue.
(vi)The Anchal Samity on receipt of the amount referred to in
clause (iv) shall credit it to the Anchal Samity fund
constituted under section 37 of the NEFA Panchayat Raj
Regulation, 1967 (3 of 1967).
2
c[Provided that 50 percent of such amount shall be utilized
for the development activitiesof the village concerned
in such manner and by such authority as may be
prescribed;]
20
(vii) [ ...... deleted].
30
[5A. The revenue earned from each Village Forest Reserve
shall be shared by the State Government and the concerned
Village Panchayat in the manner hereinafter provided-
i. The State Government shall meet the ordinary non-
recurring and recurring expenditure of any year out of the
revenue received during the year from the management of the
Village Forest Reserve. The balance left after meeting such
expenditure shall hereinafter referred to as the net revenue of
the year.
If. The State Government shall retain every year fifty percent
of the net revenue of the year : Provided that if in any year, the
ordinary non-recurring and recurring expenditure equals or
exceeds the ordinary nonrecurring and recurring expenditure
over the revenue receipts, such excess expenditure shall be
added to capital expenditure for the purpose of clause (iii).
111. All capital expenditure in a year shall be borne in the first
instance by the State Government which shall be entitled to
recover such capital expenditure at the rate of ten percent till
such time it is completely recovered. II there is any deficiency in
any year in the recovery of capital expenditure as aforesaid; it
shall be made out of the net revenue of succeeding year or years
so that total recovery of capital expenditure shall be made
without default.
tv. The State Government shall transfer to the Village
Panchayat every year fifty percent of the net revenue of the year
less the amount the Stat. Government is entitled to recover
under clause (iii). This amount shall be utilised for the
development activities of the village concerned in such manner
and by such authority as may be prescribed. fl
_ _ _ __ _ _ _ __ d e.._ _
6. (1) The State Government may make Rules to carry out the
purposes of this Act.
(2}1n particular and without prejudice to the generality of the
foregoing power, such rules may provide for :-
(a)to prescribe and limit the powers and duties of the Anchal
Samity and 3
E*[Village Panchayat ]and the Forest
Department Officers who will manage the 3E[Anchal Forest
Reserve or the Village Forest Reserve] ;
(b)for the preservation, reproduction and disposal of trees
and timber and other forest produce in the 3E[Anchal Forest
Reserve or the Village Forest Reserve] ;
© regulating or prohibiting, hunting, shooting, carrying
firearms, fishing, poisoning of water or setting traps or
snares;
(d) to provide for the ejectment of any person who has
encroached upon forest reserves; and
(e) for protection, advancement, treatment and management
of local people and to specify their rights.
2
E [(!) any other matter which is required to be or may be
prescribed]
i\JOTE , .
1 [Inserted by 1981 Amendment Act s2(a) (b),]
l A[Deleted by 1981 Amendment Act s2(c)]
1B[lnserted by 1981 Amendment Act s3]
2[Substitutedfor the words 'Zila parishad' by 1981
Amendment Act s4(a)]
2A[lnserted by 1981 Amendment Act. s4(b)]
2C[lnserted by 1981 Amendment Act. s4© ]
2D[Omitted by 1981 Amendment Act. s4(d) ]
2E[lnserted by 1981 Amendment Act. s4© ]
3A [Inserted by 1984 Amendment Act. s4]
3B [Inserted by 1984 Amendment Act. sS]
3C [Inserted by 1984 Amendment Act. s6]
30 [Inserted by 1984 Amendment Act. sS]
3E[substituted for word 'Zila Parishad and 'Anchal Reserve
Forest'(no 4 of 1984) s.8(i) (ii)]
Power to
make Rules.