Goa State

GOA, DAMAN & DIU FOREST CODE, 1979

CHAPTER I
General

1.1. EXTENT OF APPLICATION AND RIGHT OF INTEPRETATION.

1.1.1. The rules contained in this Code are applicable to the Forest Department, hereinafter referred to as the 'Department', in the territories subject to Government of Goa, Daman and Diu, hereinafter referred to as the 'Government'.

1.1.2. The Government reserve to themselves the right of interpreting the rules in this Code of doubt and of modifying them time to time as may seem expedient and as proposed by the Conservator of Forests, Goa, Daman and Diu.

1.2. SCOPE.

1.2.1. This Code is intended to define the administrative set up of the department and its working, the functions of the officers of the department and the initial accounts to be maintained by them. This does not deal with questions of recruitment, pension, leave and general conditions of service in which matters the provisions contained in the Indian Forest Service Rules, Central Civil Service Rules, and recruitment Rules for various grades as framed by the Government in force from time to time, are applicable.

1.2.2 The detailed procedure for accounting of transactions in the department shall be as prescribed by the Government.

CHAPTER II

2.1. DEFINITIONS.

2.1.1 Unless there be something repugnant in the subject or context the following words and phrases are used in this Code in the sense here explained:

(1) Administrative charges.- For administrative convenience the department is divided into Forests Circles and each Circle into a number of Forest Divisions. Each Circle is in the charge of a Conservator of Forest and each Division in the charge of a Divisional Forest Officer (Deputy or Assistant Conservator of Forest). The Forest Utilization Officer is directly under the administrative control of the Conservator of Forests.

(2) Administrative sanction.- The formal acceptance by the administrative authority concerned of the proposals, for incurring any expenditure in the Forest Department on a specified work or scheme of work is called the administrative sanction or administrative approval for the work or scheme of work. It is in effect an order to the Forest Department to execute certain specified works at a stated sum to meet the requirements of the department concerned.

(3) Assets.- The entire property of the department.

(4) Blocks.-Blocks are main divisions of a forest and should be indicated by local names. Their boundaries may conveniently be made to coincide with those of administrative charges such as rounds and beats.

(5) Compartments.- Compartments are smaller divisions or unit areas within a block chosen for the purpose of detailed analysis and description of the forest.. They have for their boundaries either natural features, such as streams, spurs or ridges or existing land marks, such as roads, rides, firelines etc. and should be indicated by Arabic numbers. Still smaller divisions called sub compartments are also sometimes adopted for administrative convience and such sub compartments should be indicated by small letters.

(6) Contract.- Contract means any kind of undertaking, written or verbal, express or implied, by a person other than a Government servant or by a sydicate or firm to construct, maintain or repair one or more works, to supply certain stores, or to perform any service in connection with the execution of a work or the supply of stores.

(7) Coupe.- A "Coupe" is an area of forest set aside to be felled or otherwise treated in a single year. It may or may not constitute a permanent sub division of the forest and should be indicated by Roman numbers.

(8) Disbursers.- By 'disbursers' are meant those superior officers not in charge of Divisional Forest Offices, such as Rangers, Deputy Rangers, Depot Officers and Foresters, etc. who are entrusted with sums of money as advances for meeting current expenditure on works under execution.

(9) Disbursing Officer.- Disbursing Officer means a Goverment servant who draws money from the treasury on bills or cheques, but excludes a Government servant who is not the head of an office and draws only his own pay and allowances from the treasury.

(10) Executive charge.- Each Forest Division is further divided into Forest Ranges and each Range into Rounds and Beats. The unit for executive charge is the Range and is ordinarily held by the Forest Ranger. Rounds and Beats form the protective charges and are under the control of Deputy Rangers or Foresters and Guards respectively.

(11) Felling series.- A 'Feling Series' is an area comprising a complete series of coupes, each felling series being worked independently of the other. Each felling series has separate calculation of the yield to control felling and regeneration.

(12) Final payment.- Final payment means the last payment on a running account made to a contractor in full settlement of the account relating to his contract when the contract has been completed or determined.

(13) First and final payment.- First and final payment means a single payment made to a contractor in full settlement of the account relating to his contract when the contract has been completed or determined.

(14) Forest Depot.- The areas in which timber and other forest produce are stored after fellings are considered as Forest depot except when special plots are selected by the Conservator of Forests as forest depots.

(15) Gross yield.- Gross yied and out-turn

(i) the 'Gross Yield' of a Forest is the total volume (cubic contents, solid) or quantity of all produce felled or cut, whether removed and utilised or not.

(ii) The out-turn or net yield comprises such portion of the gross yield as has been or will be utilised.

Note : Out-turn comprises all forest produce brought on stock or sale returns including that provided under free grants, as well as out-turn of illicit fellings.

(16) Intermediate payment.- Inetermediate payment is the term applied to a disbursement of any kind on a running account, not being the final payment.

(17) Labour.-

(i) 'Labour' includes all bonafide manure labour, whether paid by the day or the month, such as those employed on-

(a) harvesting, collecting, fashioning, removal, transport and sale of forest produce;

(b) the construction and maintenance of tools and plants;

(c) the construction and maintenance of communication and buildings; and

(d) the demarcation, improvement, extension and protection of forests.
Labour will be charged under the appropriate heads under 'Conservancy and works' etc.

(ii) Every officer who employs 'Labour' is personally responsible that labour employed is not retained for a longer period than is necessary or specified in the orders to employ the same.

(iii) Mazdoor supervisors, and Mistries are included under the head 'Labour' but any higher supervising agency is distinctly excluded.

(iv) The following items must not be included under labour:-

(a) crew of boats permanently maintained for use of the department;

(b) watchmen and sweepers employed in permanent depots or buildings;

(c) letter carriers employed under special circumstances for more than a month at a time; and

(d) temporary office establishment i.e. persons entertained for any clerical work.

(e) miscellaneous.

18. Liabilities.- When used in respect of accounts of works this term includes all anticipated charges which are adjustable as final charges, but have not been paid, or adjusted regardless of whether or not they have fallen due for payment, or adjustment or having fallen due, have or have not been placed to the credit of the persons concerned in a suspense head subordinate to the accounts of the work concerned.

19. Lump sum contract.- In the case of lump sum contracts the contractor agrees to execute a complete work with all its contingencies, in accordance with the drawings and specifications for a fixed sum subject to such reasonable conditions as the department may stipulate. The responsibility of the department is confined to proper supervision and passing of bills. For this the description and details of work etc.need not be given in detail in the voucher, but only sufficient indication need be shown to make the vouchers intelligible. The Officer who admits and passes the bill should, in every case, satisfy himself of the quantity, quality and promptness of executing the work, before any payment is made.

20. Maintanance work.- Original and Maintenance Works. For purposes of sanction and execution each category of works may be subdivided into original works and maintenance works.

(i) Original works are works do not recur annually or which do not yield an immediate revenue and includes all operations in connection with the increase of the area under forest growth or the introduction of organised working. They also include all first construction and equipment works and first supply of appliances and appurtenances necessary for the working of the forests. The following are examples of original works:-

(a) Purchase of land for plantations and for the other forest purposes, and cash compensation for extinction of rights.

(b) Forest settlement and demarcation.

(c) Regeneration works i.e. creation of new plantations on lands acquired under item(a) above and their maintenance until they reach the productive stage.

(d) Compilation of working plans and carrying out valuation surveys.

(e) Forest Surveys.

(f) Construction of permanent roads, tramways, bridges, buildings, canals wells, timber slides, saw mills, factories, etc. and providing equipments for them.

(g) Purchase or acquisition of livestock, stores, tools and plant, elephant etc.

(h) Construction of any work by Government on lands and forests which are not the property of Government.

(ii) Maintenance works.- includes all operations necessary to produce revenue or realise revenue as well as those necessary for the maintenance of forests upto a proper standard of efficiency. All operations undertaken annually for the improvement of the forest and also ordinary as well as special repairs to original works are considered as maintenance works. Example of maintenance works are furnished below:-

(a) tending operations, such as thinning, weedings, clearing, improvement fellings etc.

(b) measuress for inducing and aiding natural regeneration such as clearing the undergrowth, collecting and burning the debris,artificial regeneration in gaps to supplement natural regeneration replacing the existing crop by plantations etc.

(c) protection of forests from fire, illicit grazing, unauthorised fellings, insect and fungal attacks etc.

(d) ordinary and special repairs to original works.

(e) timber extraction works.

(f) repairs to tools and plant, furniture, tents, etc.

21. Major Head : Major head means a main head of account for the purpose of recording and classifying receipts and disbursements of moneys that enter into the Government account.

22. Major Work: Major work means a work the estimated cost of which exceeds Rs.1.00 lakh.

23. Market rate or Market value: Market rate/ market value means in respect of an article borne on the stock accounts, the cost per unit at which a stock of that article or a suitable substitute for it could be obtained at the time in question at the stores godown from the public market from which it could be obtained most advantageously.

(24) Minor Head: 'Minor head' means a head subordinate to a major head or a sub maajor head.

(25) Net yield: Gross yield and out-turn- (i) the 'Gross yield' of a Forest is the total volume (cubic contents, solid) ore quantity of all produce felled or cut, whether removed and utilised or not.

(ii) the 'out-turn' or net yield' comprises such portion of the gross yield as has been or will be, utilised.

Note: 'Out-turn' comprises all forest produce brought on stock or sale returns including that provided under free grants, as well as out-turn of illicit fellings.

(26) On account payment or payment or payment on account means a payment on a running account to a contractor in respect of work done or supplies made by him and duly measured. Such a payment may or may not be for the full value of the work or supplies; if it is an intermediate payment, it is subject to the final settlement of the running account on the completion of the contract for the work or supplies.

(27) Out-turn: Gross Yield and out-turn.. (i) The 'Gross Yield' of a Forest is the total volume (cubic contents, solid) or quantity of all produce felled or cut, whether removed and utilised or not.

(ii) The out-turn or 'net yield comprises such portion of the gross yield as has been, or will be, utilised.
Note: 'Out-turn' comprises all forest produce brought on stock or sale returns including that provided under free grants, as well as out-turn of illicit fellings.

(28) Piece work or petty contract: Under this method the piece worker merely agrees to execute a specified work at specified rates, without reference to quantity or time. The conditions of the contract and the security to be taken for the due fulfilment of the work is set forth in the standard form. The department arranges for the supervision, setting out and measuring of all work. The piece work system should be ordinarily confined to works (including repairs and improvements) of a petty nature, costing not more than Rs. 2,500. (The schedule of rates in a piece work agreement should show the rates either for furnished work or for labour or materials as the case may be even for items for which lumps sums have been provided in the sanctioned estimates).

If, in any case, the piece work method is found preferable or expedient to adopt as compared with schedule contract method in a work of construction repair or maintenance or improvements costing above Rs. 2,500 owing to peculiar local conditions, the reasons thereof should be recorded and orders of the Conservator of Forests should be obtained before execution.

(29) Possibility : By the term "Possibility" of a forest is meant the average annual yield which can be obtained from the forest without infringing on the capital stock. The Possibility may be calculated by area (so many acres to be felled) as in the case of coppice, or by volume (so many cubic feet to be felled) or by the number of exploitable trees as in the case of the high forest.

(30) Protective charge : Executive and protective charges. Each forest Division is further divided into Forest Ranges and each Range intoRounds and Beats. The unit for executive is the Range and is ordinarily held by the Forest Ranger. Rounds and Beats form the protective charges and are under the control of Deputy Ranger or Forester and Guards respectively.

(31) Rate:- Rate means in estimates of cost, contracts, contractors' bills and vouchers generally, the amount payable for each unit of work, supply of other service.

(32) Rotation: The time chosen for any proposed cycle of operations is known as the "Rotation".

(33) Running aaccount: Running account means an account with a contractor on which payment for work or supplies is made to him at convenient intervals subject to final settlement of the account on the completion or determination of his contract.

(34) Royalty or Seigniorage rate: In the Forest Department it is the rate fixed as the minimum amount that must be assured to Government by the sale of trees and other forest produce collected from within the forests. This rate is fixed for the State as a Whole from time to time by Government for each produce as proposed by the Conservator of Forests and does not cover any portion of the working charges.

(35) Schedule contract: Schedule contract:

(i) Under a schedule contract, the contractor undertakes to execute a work should also be completed within the sum he is to receive depending on the quantities and kinds of work done or materials supplied. The work should also be completed within a fixed time limit specified in the agreement, which will specify all conditions relevant to that particular work. The contractor engages his own labour and supervisory staff, who should be person acceptable to the department, and also all materials, tools, and plant except those supplied by the Government. The department, however, sets out the work, and supervises and controls the same. The contractor deposits necessary security for the due fulfilment of his obligations under the contract.

(ii) In the case of works executed under methods (1) or (2) referred to in paragraph 13.5.4. the authority accepting the contract will decide whether it is desirable to retain in the hands of the department the supply of stores or other materials.

(iii) In cases where it is decided that the department should supply certain material to the contractor for use on the work, every such material, the rates and the places at which it will be supplied and other conditions of supply shall be specified in the notice calling for tender and also in the schedule forming part of the agreement.

(iv) In case where the contractors are allowed to supply their own materials for the work, the decription of such articles must be clearly defined by governing specifications.

(36) Sub head: Sub head means, in connection with estimate and accounts of work, one of the sub divisions according to items of work, e.g. exacavation, brick work, concrete, wood work, etc., into which the expediture on a work or a sub-work of a large work is divided in order to facilitate accounting and financial control.

(37) Tariff rate: Is a uniform minimum price fixed by Government from time to time for sale of timber and other forest produce collected by the department and sold from depots or other palces, taking into consideration the seigniorage rates, the collection and transport charges and other incidental expenses.

(38) Technical sanction: Technical sanction:- A properly detailed estimate of the cost should be prepared for every work proposed to be carried out and got sanctioned by the competent authority. This sanction is known as the technical sanction. Ordinarily such sanction can be accorded by Government in the Forest Department or by such authorities to whom the power has been delegated. Sanction accorded to a work by any other department of Government can be regarded only as an administrative approval for the work.

(39) Working Circle: A "Working Circle" is as a rule, an area subjected to one and the same cultural treatment, and proposed to be exploited separately by means of a distant series of operations.

Note: Where the composition and distribution of the crop render it advisable, a working circle for which a definite method of treatment is prescribed may overlap portions or the whole of other working Circles for which distinct methods of treatment are prescribed.

(40) Working Plan: A working plan is a written scheme of management aiming at a continuity of policy controlling the systematic treatement of a forest. The value of, and necessity for, working plans carefully prepared and drawn up on a scientific basis are unquestionable. Without such a definite scheme of operations founded on careful calculations after personal inspection and examination, there is a serious risk of a forest capital being unduly drawn upon and of excessive cuttings being made in the present which after the lapse of a few years, might lead to a partial collapse of forest revenues. There is also the danger, though this is less to be apprehended, that forests may be worked below their capabilities and that income may thus be lost which might safely have been earned.

CHAPTER III

Organisation and functions of the Department

3.1. FUNCTIONS.

3.1.1. The Forest Department attends to the protection, conservation and development of the forest including soil and water conservation measures. It also carries out the harvesting and utilization of the forests so as to obtain a maximum yield of various kinds of forest produce consistent with their permanent maintenance and the supply of the basic needs of the local people. Agriculture and industries in the matter of forest produce. This function includes the preparation of Working Plan for the scientific management of forest, the construction of roads, bridges, timber slides, etc. for the opening up of remote and inaccessible forest areas and constructionof buildings required by the Department in connection which the administration and working of the forest. Wild life preservation and management, water shed management, pasture development are also functions of the Department.

3.1.2. Conduct of research into silviculture, utilization and their problems affecting regeneration and forest are also the primary function of the Department.

3.2. ADMINISTRATION AND CONTROL.

3.2.1. General Control of forests and the position of the Conservator of Forests.- Subject to the orders of Government, the general admistration and control of the Government forests on Goa, Daman and Diu is vested in the Conservator of Forests, who is the Head of the Forest Department and also the Technical Advisor to the Government in all forest matters. The conservator of Forests is assisted in his office by ACF., and Administrative Officer/ H.C. and A.O.

Note :- Administrative control over the Forest Department is vested in the Secretary Forests at the Secretarial level.

3.2.2. Administrative charges.- For administrative convenience the department is divided into Forest Divisions. Each Division is in the charge of a Divisional Forest Officer (Deputy or Assistant Conservator). The charge held by the Principal, Forest School, the Forest Utilization and Research Officer, the Wild Life Officer, etc. are also considered as divisional charges.

3.2.3. Executive and protective charges.- Each Forest Division is further divided into Forest Ranges and each Range into Rounds and Beats. The unit for executive charge is the Range and is ordinarily held by the Forest Ranger, Rounds and Beats form the protective charges and are under the control of Deputy Rangers or Foresters and Guards respectively.

3.2.4. Arrangement of forests.-The arrangement of forests into circles and divisions will be regulated by Government of Goa, Daman and Diu and that of divisions into Ranges will be regulated by the Conservator of Frests, provided that no addition to the number of Ranges shall made without the prior sanction of the Government. The division of Ranges into rounds and beats will be regulated byy the Divisional Forest Officer with the approval of the Conservator of Forest, subject to the condition that no additional posts shall be created without sanction of Government.

3.2.5. Register of boundary descriptions.- All changes and redistribution made in the jurisdiction of division and ranges, shall be notified in the Gazette. A register showing boundary descriptions of the Division and Ranges, as published in the Gazette and also boundary discriptions of Rounds and beats, shall be maintained in all Divisional Forest Offices and Range Offices. All charges, subsequently made, shall be recorded therein and the register kept up-to-date. The register shall also show a list of plantations, roads, building, etc., in each beat, the information being posted up, from time to time. The names of officers of each rank who hold charge of the division, range, round and beat from time to time and the period of their service shall also be recorded in the register. The protective staff shall be furnished with copies of the beat maps together with boundary decription. The Conservator and Divisional Forest Officer shall examine this this register during their inspection of the offices. A register in a suitable form shall be maintained for this purpose.

3.3.DUTIES AND RESPONSIBILITIES OF FOREST OFFICERS

3.3.1. Conservator of Forests.- (i) The Conservator of Forests, as Head of the Forest Department , shall be the technical advisor to the Government in all forests matters.

(ii) It shall be his duty to recommend to the State Government, the removals, transfers and postings of officers of and above the rank of Asst. Conservator of Forests.

(iii) He shall exercise complete control over the forest administration through the Gazetted Officers of the Department particularly in respect of :-

(a) Financial transactions of the department;

(b) Discipline and efficiency of staff;

(c) Subordinate forest establishment;

(d) Forest protection and settlement;

(e) Works of regeneration, silvicultural operation, valuation, surveys and management of the forests in a state of continous and progressive productiveness on the sustained yield principle;

(f) Compilation of working plans and special schemes and their implementation;

(g) Forest exploitation and utilization of forest produce;

(h) Silvicultural and other forest research;

(i) Statistics and accounts, live-stock and stores, tools and plant, books and maps, stationery and forms, furniture, uniform and accoutrement, tents and camp enuipage and other Government property with the department;

(j) Matters in which the Forest Departments comes into direct contact with other departments and the public, such as proposal for reservation and disreservation, rules for the management of reserve and unreserved lands and forests, the levy of seigniorage, game rules, timber transit rules, grazing, supply of firewoods to the public for industrial and domestic consumption, issue of timber for agricultural and domestic purposes and matters of similar nature.

(iv) He shall prepare and forward the annual budget proposals and Administration Report to Government and materials for the preparation of the annual appropriation accounts.

(v) He shall be primarily responsible for taking precaution to prevent the uncurring of expenditure in excess of allotment and for surrending amounts which are not likely to be required during the financial year as soon as lapses orsavings can be foreseen.

(vi) He shall extract from all officers and subordinates under him a strict performance of the duties assigned to them.

(vii) He shall discharge all other functions specified as devolving upon him either in this Code or in any other Code or orders of Government.

3.3.2. Assistant Conservator of Forests Head Quarters.- The Assistant Conservator of Forests is the Administrative and technical assistant to the Conservator of Forests and he shall deal finally with all technical matters within his competence.

(ii) He shall assist the Conservator of Forest in the discharge of his technical duties, obtain orders of the Conservator of Forests in all such matters beyond his competence and communicate the orders to the Divisional Forest Officers and other Subordinate Officers under his signature.

(iii) While corresponding with other Department, he shall obtain the draft approved by the Conservator of Forests and may sign fair copies on behalf of the Conservator of Forests over the wordings "For Conservator of Forests" Generally, correspondence with Government should be signed by the Conservator of Forests, but in the exigencies of circumstances, he may follow the same procedure as for correspondence with other departments outlined above.

(iv) He shall attend to all routine correspondence of a technical nature and other as works as assigned to him from time to time by the Conservator of Forests.

(v) He shall attend to urgent papers and exercise the technical powers of the Coservator of Forests in such cases, when the latter is on duty outside the State or on tour subject to the subsequent approval of the Conservator of Forests.

3.3.3. Administrative Officer/ Head Clerk. -(i) The Administrative Officer shall be the assistant to the Conservator of Forests in all non-technical matters and shall deal finally with all such matters within his competence.

(ii) He shall attend to all routine correspondence of non-technical nature and ensure timely disposal of office work.

(iii) He shall be in over all charge of the office and be responsible for the efficient management of the office of the Conservator of Forests and shall guide the staff in dealing with the cases properly and efficiently.

(iv) He will control the attendance of the staff in the whole office and see that all the staff attends and leaves office at prescribed hours.

(v) He shall see that all the returns/ reports and replies to various correspodence are submitted and received from the subordinate offices in time.

(vi) Dak received in the office will be marked by him for distribution to various sections.

(vii) He will ensure the safe custody of stationery articles, pass and permit books and their economic use in the office.

(viii) He shall be responsible for the observance of the various rules stipulated in this Code or those contained in orders/ circulars issued from time to time by the Government/ Conservator of Forests and carry out other instructions as given by the Conservator of Forests from time to time for effiecient discharge of Govt.. work.

3.3.4. Assist. Accounts Officer.- (i) The Assit.Account Officer shall be the financial Assistant and advisor to the Conservator of Forests in all matters relating to accounts and budget estimates or to the operation of financial rules generally and shall be responsible for over all functioning of the Accounts Section.

(ii) He shall keep himself fully conversant with all sanctions and orders passing through the office and all proceedings of the Conservator of Forests and his subordinates which may affect the estimates or accounts of actual or anticipated receipts and charges. He shall examine all the sanction orders proposed in regards to the sanction of the schemes and budget allotment, etc. Custody of cash, receipts, books and other important records relating to the Accounts Section.

He shall be responsible for-

(1) Preparation of budget estimates.

(2) Distribution of allotments among the subordinate controlling officers.

(3) Reconciliation of departmental accounts with the figure booked in the Accounts Section (office).

(4) Control over departmental revenue and expenditure which includes :-

(i) Watching the progress of departmental revenue and expenditure and issuing instructions to the subordinate officers to keep the expenditure within allotments when any likelihood of excess is anticipated.

(ii) Reporting to the Head of the Department deviations, from rules relating to expenditure noticed on the part of the subordinate officers.

(iii) Initiating and dealing with proposals relating to re-appropriations, re-allotments, supplementary grants and surrender of savings and

(iv) Scrutinising expenditure statement relating to 'Plan Scheme'.

(5) Scrutiny of all cases involving.-

(a) Abandonment of revenue.

(b) Refund of revenue.

(c) Enchancement of revenue, and

(d) Write off of departmental dues and liabilities.

(e) Release of Security deposits, sanction of works, purchase of stores, etc.

(5A) Scrunity of all proposals involving financial commitment submitted by the Head of the Department to Government.

(6) Review of Progress and disposal of audit objections and dealing with audit inspection reports.

(7) Internal audit of the accounts of the head office.

(8) Inspection of the accounts of subordinate offices under orders of the Head of the Department and submission of notes of such inspection for his perusal and orders.

(9) Verification of claims for pension or gratuity.

(10) Issue of instructions to departmental officers regarding (i) maintenance of accounts and observance of accounts rules and (ii) correct accounting of stores and observance of store rules.

(11) To test audit the accounts of institutions which receive grants-in-aid or loans from the Government and to furnish utilization certificates whenever required.

(12) To arrange for the proper maintence of accounts relating to loans sanctioned and /or disbursed by the Department and to watch the prompt recovery of such loans.

(13) Advising the Head of the Department on all matters relating to 'Finance' accounts and application of Code Rules.

(14) He shall draw cheques on Treasuries/ Bank and incur expenditure towards the salary and allowances, contigenencies, etc. of the office of the Conservator of Forests.He shall also be responsible for the disbursement of advances from P.A. and timely submission of various kinds of bills to Director of Accounts, checking and passing of all the vouchers relating to Accounts.

(15) He shall attend to all other papers marked to him or orders issued by the higher officers.

The Financial Assistant/ Assit. Accounts Officer will be a State Touring Officer.

3.3.5 Divisional Forest Officer.- (i) The Divisional Forest Officer is responsible to the Conservator for the general management of the forests in his charge and shall excerise complete and direct control over the forest establishment employed therein. He shall keep a close supervision over all the works of his division through his Gazetted assistant i.e. attached to his dicvision.

(ii) He is the primary Drawing and Disbursing officer of the Division and is responsible for the correctness of the original records of the cash and stores, receipts and expenditure and submission of complete vouchers.

(iii) He shall render complied account of the receipts and disbursements of the Division including those of his subordinates to the Director of Accounts or A.G. on the dates.

(iv) He is responsible to see that the accounts of his Division are not allowed to fall into arrears, but if arrears on confusion arise which in his opinion cannot be cleared without the assistance of the A.G./Director of Accounts he should at once apply for such assistance.

(v) He is responsible for the upkeep of the livestock; for the acquisiton, custody and proper distribution of stores, furniture tools and plant, books and maps, stationery and forms, uniforms and accountrements and camp equipage and for maintaining correct accounts thereoff.

(vi) He is responsible to see that the timber accounts of the Division are maintained uptodate, obtaining in time the necessary returns from the subordinate officers.

(vii) Subject to the control of the Conservator of Forests and subject to the powers delegated to him the the Divisional Forest Officer shall arrange for the exploitation, regeneration and protection of forests in his chargeaccording to the sanctioned plan of operations or other orders and shall conduct sales, enter into contracts, supply material to other department and public realise revenue and control expenditure. In other words, sowing and planting, silvicultural operations, working plans, valuation, surveys and feelings, extraction and disposal of timber and other forest produce and other items of work in connection with forest administration shall be arranged and carried out by the Divisional Forest Officer in accordance with the powers delegated to him and subject to the control of the Conservator .

(viii) He is prohibited from commencing any work or expending any public funds without the sanction of competent authority or from making any other than trifling, variations from the sanctioned plan or estimates except in cases of emergency.

(ix) It will be the duty of the Divisional Forest Officer to close the accounts and prepare the completion report for any work as soon as the work is completed.

(x) He is primarily responsible for the reporting without delay the probability of any excess over estimates after taking into account all important liabilities and for the prompt revision of estimates when necessary.

(xi) He is responsible for proper assessment and prompt realisation of departmental revenue.

(xii) He shall keep the Collector informed of and if necessary seek his aid guidance in matters of importance relating to proposals for reservation, disafforestation, implementation of legal enactments and rules which are likely to affect the local population, conduct of cases and recovery of outstandings by revenue recovery proceedings.

(xiii) He shall immediately get in touch with the collector whenever there are attempts at lawless ness affecting the safety of forests or of other Government property including wild life.

(xiv) He shall make frequent tours visiting every reserve or plantation in his Division at least once in a month. He shall submit monthly diaries to the Conservator of Forests in which shall be explained the details of work inspected, their progress and observations made.

(xv) He shall furnish the Conservator of Forests with a good basic idea regarding the matters specified in this volume in the form of inspection reports.

(xvi) He shall collect necessary statistical data for departmental purposes and maintain correct records thereof.

(xvii) He shall discharge all other functions specified as devolving upon him either in this Code or in any other Code or orders of Government or instructions given by the Conservator of Forests from time to time.

3.3.6. Divisional Forest Officer, Working Plan.- (i) In addition to his general duties as a Divisional Forest Officer, in charge of the Division, the Divisional Forest Officer, Working Plan, shall conduct survey of groeing stock, enumeration of trees and analysis of stems to determine the rate of growth of the principal species with special reference to the soil and climatic conditions of each locality.

(ii) He shall, on the basis of the data collected as above, prepare working plans for felling, regeneration silvicultural treatment and protection of forests,

(iii) He shall also conduct research in subjects specially allotted to him in collaboration with the Silvicultural Research Officer.

3.3.7. Forest Research and Utilization Officer.- In addition to his general duties as Divisional Forest Officer he will work according to orders issued by Government and the Conservator of Forests from time to time and in collaboration with the Territorial divisions conduct research into problems concerning their own spheres of work and collect requisite staticstics. He will investigate methods for improvement of the growing stock and soil fertility, for the introduction of new species of high economic value and for the afforestation of non-agricultural and treeless lands.The Forest Utilization Officer will among other things survey forest resources of the State and investigate and suggest methods for the more intensive utilization of forest produce in trade, industries, etc. Forest Utilisation Officer is also reponsible for the prompt selection and despatch of timber to Government Departments, Railways, P.& T. Department, etc. as per existing rules and procedure.

3.3.8. Wild Life Officer, Principal Forest School.

(i) Wild Life Officer.- In addition to his general duties as Divisional Forest Officer he shall be responsible for the proper upkeep and maintenance of the game sancturies in the State and for the preservation of 'wild life' in general. He shall be responsible for the enforcement of Game Rules and the Forest & Wildlife Acts within sancturies and for providing visting facilities to tourists. He may also initiate action for developing new game sanctuaries or national parks and for preserving rare species of 'wild life'. He will also be responsible for the development and up keep of Bondla Zoological-cum-Botanical Park.

(ii) Principle, Forest School.-He shall be responsible for the administration of the .....Forest School, and for imparting training to the trainees in the school. He shall also draw up syllabus for the traning different grades of subordinate staff and get the same approved by the Conservator of Forests.

(iii) Forest Veterinary officer.- He shall visit all animal camps periodically and report on their condition to the Conservator of Forests through the Wild Life Officer. He shall inspect all newly captured animals on receipt of the report report of capture from the Ranger concerned and give necessary advice for the treatment. He shall supervise the weaning operations, which should always be reported to him. He shall issue post-mortem certificates in respect of dead animals, captive or wild , when called for to do so. He shall examine all livestock in the department periodically and shall be responsible for their treatment during illness. He shall carry out all other duties/ orders as assigned to him by the Government or the Conservator of Forests from tome to time.

3.3.9. Range Officers.- (i) The Forest Range is the primary unit of admistration and the Forest Ranger is Executive Officer. He is responsible for carrying out diligently all plans and proposal connected with the management and protection of forests under his charge, exercising close supervision over all works connected with the harvesting and improvement of forests, implementation of Working Plan prescriptions, enforcement of forest law and proper control and supervision over the members of protective staff who are charged with protection of the forests in the Range.

(ii) The Rangers' duties may broadly be summarized as follows:-

(a) It is the duty of every Range Officer to find out the nature, (condition and composition of the forest crop) value and extent of the Forest Property committed to his charge comprised of natural forests, plantations, roads, bridges, buildings, etc. He should obtain a thorough knowledge of the legal status of the Forests and ascertain the correctness or otherwise of their boundaries. He shall also ascertain where the staff working under him are stationed, what works are assigned to each, and other responsibilities.

(b) He shall obtain a thorough knowledge of the local conditions, markets, labour sources, sources of revenue and state of protection of the forests.

(c) He is responsible for the execution of all the works in his Range, collection and remttance of revenue and prompt and correct payment of all sums due for works executed.

(d) he shall carry out all inspections diligently and see that all subordinates of his who is not specially authorised, recovers any sum of money on behalf of Government.

(e) He is the custodian of all Government properties in his Range, and should see that see their condition is properly maintained. He is also responsible for the discipline, conduct and work of his staff. He should prescribe definite programme of work to be executed by each subordinate, and see that they carry out the assignments properly.

(f) He is responsible for the proper conduct of his office work and shall ensure the correct maintenance of accounts relating to revenue and expanditure and punctual submission of all accounts, reports and returns to the superior officers.

(g) He shall periodically inspect the accounts, if any, of his subordinates and submit notes of inspection to the Divisional Forest Officer.

(h) He is responsible for the efficient protection of the Forests through his protective staff and for the investigation and prosecution of Forest offences.He shall also attend to the land disputes, settlements and court cases pertaining to his Range. He shall also inspect all landed properties, buildings, roads, bridges etc., in his charge and arrange of their protection by timely repairs or annual maintenance.

(i) He is responsible for the timely and proper execution of all works, such as survey, demarcation, marking enumeration, valuation surveys, extraction of forest produce, silvicultural works, etc.

(j) A Range Officer is expected to spend at least 20 days in a month for outdoor inspections, in which due emphasis shall be given for thorough inspection of all reserves, fellings and plantations every month, including demarcation of the reserved and protected forests.

(iii) The Range Officer shall submit weekly diaries to the Divisional Forest Officer in which shall be explained the details of works inspected and their progress, reserve and boundaries inspected and their condition, etc.

(iv) He is the primary disbursing officer of the Range and is responsible for the correctness of original records of cash and stores, receipts and expenditure, payment to labourers and for the submission of complete vouchers.

3.3.10. Deputy Rangers and Foresters.- (i) A Deputy Ranger, or Forester in charge of a Round which comprises of one or more beats, is the Protective Officer for that Round is responsible for the protection of all forests and other Government properties in that Round. He is directly responsible to the Range Officer for all items of work entrusted to him. It is his duty to carry out all duties expected of him within the time schedule prescribed for each and to prevent commission of offences in the forest by an intelligent system of patrolling. When such offences occur he should take prompt action as laid down by rules and seize all properties involved.When the offenders are unknown, he shall detect them by intelligence work. The officer in charge of the Round shall, generally share the responsibilities and duties of the Ranger as in prescribed in paragraph 3.3.9. above except direct realisation and accounting of revenue unless specially authorised and discharge all such duties so far as they relate to his charge. He shall, however, arrangefor prompt and punctual payment of all revenues due from his charge to the Range Office and take such action as deemed necessary in cases od default. He shall periodically check all Government properties in his care and ascertain their condition and safeguard them. Constant vigil on the state of boundaries of reserves, etc., prevention of encroachments, detection and investigation of forest offences and service oof summons and warrants in forest cases are some of the more important duties of the Deputy Rangers and Foresters. They shall also carry out marking of trees, processing of logs and issue transit passes as the standing instructions in areas/ coups under their charge.

(ii) The Forester or Deputy Ranger shall submit weekly diaries to the Divisional Forest Officer through the Range Officer. The diaries shall contain a record of his movements, places inspected, results progress of works, details of cases detected, etc. The Range Officer shall also insist that the Deputy Rangers, Foresters and Beat Guards incoporate in their diaries any further information which he desires to have from time to time.

3.3.11. Forest Guards.- (i) Duties of Forest Guards are given below:-

(1) Every Forest Guard must remember that he is a Forest Officer as defined by the Forest Regulation and and public servant within the meaning of the Indian Penal Code and he enjoys all privileges and immunities, as such, as long as he discharges his duties, or omits to do the same in good faith.

(2) It is the solemn duty of every Forest Guard, not to trade in timber or other forest produce or to be or become interested in any lease or mortagage of any forest or any contract for working any forest whether in Goa, Daman and Diu or in other States.

(3) No Guard shall leave his post without proper sanction.

(4) It shall be the duty of every Forest Guard to meet his neighbouring Beatmen as often as he can and exchange information.This should be done at least twice a month on days fixed between themselves. On such days the hour of meeting should be so fixed that the man may not unnecessarily waste their time.

(5) Every Guard shall be supplied with Beat Diary Book. Copies of weekly Diaries shall be submitted by the Beat Guard throughthe Forester to the Range Officer on every Monday.

(6) No Forest Guard shall be vexatiously and maliciously seize any property on pretence of seizing property liable to confiscation under the Forest Act, or vexatiously and maliciously arrest any person.

(7) When there is reason to believe that a forest offence has committed in respect of any timber or that other forest produce, it is the duty of every Forest Guard to see that such timber or other forest produce, together with all tools, ropes, chains, boats, carts and cattle used in committing any such offence is seized.

(8) It is duty of evey Forest Guard to prevent and interfere to prevent the commission of every forest offence.

(9) It is the duty of every Frest Guard to collect all information with regard to the commission of forest offences or attempts at same and communicate it to his superior or to the officer who is empowered to dispose of the matter. He is authorised to write seizure report and collect evidence to supplement his report.

(10) It is the duty of every Forest Guard to find out the suspicuous characters who frequent the forests within his jurisdiction and watch their movements. During his visits to the neighbouring villages, as he shall make private enquiries regarding them as well as forest offences generally.

(11) It is the duty of every Forest Guard to take cognizance of the following forest offences:

(a) Fresh clearing in a reserved forest or a forest proposed to be reserved.

(b) Setting fire to same.

(c) Kindling or leaving any fireburning in such manner to endanger same.

(d) Trespassing into a reserved forest.

(e) Pasturing cattle or wilfully permitting cattle to trespass into Reserved Forest and a forest closed otherwise for cattle grazing.

(f) Cutting grass and pasturage of cattle without permission Reserves.

(g) Felling, girdling marking, lopping, topping, uprooting or burning any tree or stripping off the bark or leaves from, or otherwise damaging the same in a reserved or unreserved forest without permission.

(h) Quarrying stones, burning lime or charcoal or collecting stones, lime, gravel, or earth collecting stones, medicinal value of subject to any manufacturing process or removing produce in reserved and unreserved forest permission.

(i) Clearing, cultivating, or breaking up any land in a reserve for cultivation or for any other purpose.

(j) Hunting, shooting, fishing, poisoning or dynamitting water or setting trap or snare in a reserved or unreserved forest in contravention of rules made by Government.

(k) Damaging, altering or removing any wall, ditch, embankment, fence hedge or railing in a reserved forest.

(l) Setting fire to jungles or forests other than reserved forest without taking precautionary measures to prevent the spread of fire into such reserved forests.

(m) Counterfeiting upon any timber or standing tree a mark used by Forest Officers to indicate that such timber or tree is property of Government or some person or that it may lawfully be cut or removed by some person.

(n) Fixing unlawfully, to any timber or standing trees, a mark used by the Forest Officer.

(o) Altering or defacing or obliterating any such mark placed on any timber or standing tree by or under the authority of a Forest Officer.

(p) Altering, moving, destroying, or defacing any boundary mark of any forest or any land to which any provision of the forest Act applies.

(q) Killing, wounding or capturing wild elephants without authority.

(r) Carrying on temporary cultivation without permission or on more lands than allowed by the authoritires or in places at times other than permitted.

(s) Collecting timber or other forest produce without first obtaiming a permit.

(t) Collecting timber or other forest produce different from or in excess of that allowed by the permit.

(u) Boiling catechu, distilling wood oil or burning limes or charcoal in any reserved or unreserved forests save in such place as may be specially set apart for the purpose.

(v) Using any property mark which has not been registered by a superior officer or one cancelled by him.

(w) Closing a water channel use for the transport of timber by putting a dam or barrier across it without the permission of Government.

(12) It is the duty of every Forest Guard to take all drift timber, all timber bearing marks not registered or on which the marks have been obliterated or burnt, all timber lying abandoned for 2 years and all unmarked timber to the nearest Watch Station or Police Station.

(13) It is the duty of every Forest Guard to put out all fires in the reserved and unreserved forests by all lawful means in his power.

(14) Every Guard shall be acquainted with names, and numbers of reserves, their boundaries and their division into blocks and buildings in order.

(15) It is the duty of every Guard to visit and report about the state of boundaries and to keep the cairns and sign and notice boards and buildings in order.

(16) Every Guard shall be acquainted with every road, path, timber track, boundary, fire-lines and the names of hills, springs, rivers and other natural features within his jurisdiction.

(17) It is the duty of every Guard to know who all have been authorised to fell timber or to collect other forest produce within his limits. It shall also be his duty to know who their agents or servants, etc. are.

(18) Whenever a Guard finds an obstruction on a road within his jurisdiction by the fall of a tree, he shall remove the same, if he can; if not, he will at once report to the nearest higher authority and note down the same in his Beat Diary.

(19) NotWithstanding anything contained in these rules every beat Guard is bound by all rules and orders issued by the Government or by any superior authority, besides the duties responsibilities incumbent upon him either specific or implied by virtue of his being a government servant.

(20) The beat Guard shall carry out all the forestry operations in his Beat as allotted by Range Officer from time to time.

(ii) The Forest Guard shall assume charge of a beat after joint perambulation with the Guard under orders of transfer in the manner prescribed in paragraph 6.5.5 of this volume. He shall submit a "Beat verification certicate" showing the state of protection of the forests including boundaries and other prescribed details. The Round Forester shall verify and submit this to the Range Office for this review.

(iii) The Beat Guards and the Officer in charge of the round are primarily responsible for the protection of the forests, prevention of encroachments, illicit fellings and other offences, prompt detection and report of such offences, protection of immovable property belonging to Government in each beat and round, protection of timber and other forest produce kept in Government custody and checking of all timber and other produce at every stage of collection and transit. If any any irregularity on which no action has been taken is observed the beat guard and round in charge shall both be held responsible according to the circumstances and merits of each case. The Range Officer is equally responsible when encroachments or illicit fellings, etc., take place and when cases of such nature go undetected in one or several parts of the forests or when grave cases of illicit fellings, etc. are not detected and action taken in time. Beat guards shall submit weekly diaries to the Range Officer through the Round Forester.

3.4. RELATION WITH OTHER DEPARTMENTS.

3.4.1. Revenue Department.- (i) In all matters in which the Forest Department comes into contact with the public such as proposals for reservation of lands; afforestation and disafforestation; impementation of working plans and enforcement of legal enactments and rules; which affect the rights and priviliges of the inhabitants of the localities and the localities and locally supply of timber and other forest produce, the Revenue Department comes into the picture and the Collector concerned shall be kept informed of all important matters in this direction. The assistance of the Collector is necessary in all cases recovery of outstandings, by revenue recovery proceedings and in all cases of attempts at organised lawlessness affecting the safety to the forest or of Government property and shall be freely sought for by the Divisional Forest Officers.

(ii) The Divisional Forest Officer shall maintain close and cordinal relationship with all the Collectors in the Division and shall avail of every opportunity for personal conference with them on forest matters. They shall offer professional and technical adviced to all Collectors within the division when applied for.

(iii) The Collector may call for any information from the Divisional Forest Officer who shall furnish them as far as is practicable except where the concurrence of a higher authority in the Forest Department is deemed desirable. In such cases Divisional Forest Officers may place the matter before the Conservator who shall furnish the information to the collector.

(iv) The Divisional Forest Officer and his subordinates shall render all necessary assistance to the Collector in the enforcement of the provisions of various Rules when called for to do so.

3.4.2. Public Works Department.- The Forest Department carried out most of the civil works for the Department upto a monetary limit of Rs.1.00 lakh. Such works are provided for in the forest budget. Civil works for the Forest Department entrusted with the Public Works Departmentwill normally be provided for in Public Works Department budget and the Forest Department will issue or obtain the necessary administrative sanction for such works. In case provision is made in the forest budget for works to be executed by the Public Works Department necessary funds shall be placed at the disposal of the concerned Public Works Department Officer. In respect of civil works executed by the Forest Department the public Works Department schedule of rates are applicable and for buildings costing over Rs.10,000/-the type designs shall be approved by the Conservator of Forests.

3.4.3. Agricultural Department.- The Forest Department shall work in close co-operate with the Agricultural Department and take the assistance of that Department in forest matters involving agricultural problems requiring expert examination as in the case of anti-erosion measures, improvement of grasslands, land improvement schemes in the neighbourhood of forests including forest and agricultural lands, etc., if needed.

3.4.4. Police Department.- Under the Goa Forest Rules, Forest Officers as well as Police Officer have the power to detect and prevent forest and wildlife offences and to arrest the offenders.The assistance of the Police Officers shall be taken by the Forest Officers in such matters when necessary especiallywhen offences are attended by violence.

3.5. OTHER OFFICERS OF THE FOREST DEPARTMENT

3.5.1. Assist. Conservator of Forests.- He shall always be an attached officer-gazetted assistant to a division or the Conservator of Forests except in exceptional cases when he is given special assignment by special or general orders of the Government/ Conservator of Forests.He shall do all works marked to marked to him by the Divisional Forest Officer/officer to whom he is attached within his competence. In the case of the Divisional Forest Officer being on tour or away from the headquarters otherwise, he shall look to all the routine matters promptly and may discharge the general powers of Divisional Forest Officer except financial and statutory unless otherwise ordered, subject to the subsequent approval of the Divisional Forest Officer.

3.6. ADMINISTRATIVE AND FINANCIAL POWERS OF THE OFFICERS OF THE FOREST DEPARTMENT.

3.6.1. The Administrative and Financial powers of the different grade of officers of the Forest Department shall be as delegated by the Government from time to time.