- ..., .

·-· ":,
'•; ,.
.,.
,:.. !,.•

Re. No. 5452/63 D3.

Dated: 29-1-1965.
Circular No. 1/65
Sub: Solvency Certificate-Production of Solvency_Certificates in
sales of departmentally collected timber and other produce
and arrested timber and other forest produce regarding.
According to existirq orders of Goverrment prospective bidders are required to produce
solvency certificates in the prescribed from dated not more than 6 months prior to the date of
sale besides making necessary initial deposit prescribed in the sale notice before they are
allowed to participate in sales. Where a bidder is unable to produce a solvency certificate he
can be permitted to participate in the sales on payment of cash in I ieu of solvency certificate.

Now.a question has arisen as to whether production of solvency certificates is to be

insisted upon in the case of sales of departmentally collected timber and other produce or seized
forest produce.

It is considered that in the case of sale of felled timber and other produce either collec­
ted departmentally or seized in forest offences, on solvency certificate or cash solvency need
be insisted upon as generally the bidders are asked to oay off the full sale amount together with
Sales Tax etc., on the date of sale and allowed to remove the produce imrnediatelv. In no case
without payment of full lease amount should the parties be allowed to remove the produce. In
all cases where instalments are fixed for the payment of sale amounts, solvency certificate
may be obtained.

The receipt of this circular should be acknowledged.

Re. No. 34502/63 D- 2.

Dated: 31-1-1965.
Circular No. 2/65.
Sub:-Permits-issue of permits for removal of produce from Patta
Lands-regarding.
A copy of G. M. No. 2346 For 111/63-15 is communicated.

2. It is noticed that there are delays in issuing permits to rvots for, removal of timber
and firewood from their patta lands with the result that the later are put to much hardship. The.
Conservators of Forests are requested to issue strict instructions to the District Forest Offi­
cers that they should issue permits within 15 days from the. date of receipt of applications from
the ryots for ~oving casuaina, timber and firewood from private plantations or lands ; for
sale or domestic-and agriculture use.

157
 3. Any lapse· on the part of the District Forest Officers and Range Officers in this
regard should be seriously viewed by the Conservators of Forests and, if necessary, disciplinary
action should be taken for violation of these Circular instructions.

4. The receipt of this Circular should be acknowledged.

X X X

Copy of G. M. No. 2346 For 111/63-15 F & A dt. 8-12-1964.

Sub:-Foret leases-request of ryots for revoking permit system and
for free transport of firewood-regarding orders issued.
Ref:-From_ Sri V. Srinivasa Reddy and others petition dt. 20-5-63. From the CCF Lr.
34502/63 D-2 dt. 26-11 -1964.

In the circumstances reported by the Chief Conservator of Forests in his letter 2nd
cited, further action on the representation of the petitioners is dropped.

2. The Government however consider that some time limit should be fixed for the issue
of permits by the officials of Forest Department whenever the ryots apply for transport of forest
produce from their Patta lands. The Government accordingly direct that permits should be
issued by the Forest Officers within 15 days from the date of receipt of applications.

3. The Chief Conservator of Forests is requested to take necessary further action

accordlnqlv.
Sd/- Syed Ghu lam Rasool,
Deputy Secretary to Government.

Ref. No. 3862/65 K-2.

Dt. 11-2-1965.
Circular No. 3/65.
Sub:·-Acts & Rules - The Andhra Pradesh Forest Laws - (Amend·
ment) Act II of 1963 - Further lnscructlons+prepararlon of
charge sheet etc. ~
Ref:-C.CFs Circular Nos. 43/63 dated 7-11-65, 10, 6:1- dated 4-4-1964 and 24-64 dt.
· 16· 6"-1964.
The attention of all the District Forest Officers is invited to the circulars cited and they
are informed that inspite of. the instructions the District Forest Officers are committing mistakes
in the prosecution of Forest Offence cases and as a result most of the cases are ending in acqui­
ttal of the accused and re lease of the seizures.
Whenever an offence case of illicit transportation of Forest Produce without permit is
booked under the provisions of Forest Act as amended upto date and when such case is prose­
cuted full details of the case should be given in the charge sheet filed in the court.
The Public Prosecutor, High Court has observed (copy enclosed), that irf most of the
cases prosecuted, the concerned Forest officials who booked the cases do not state in their

158 , '
 evidence as to where exactly the Forest produce is seized-either in a Forest area or within a
radius of five miles as conternplated by the Act and Rules. As a result of these minor faults
the case is lost in the court. ·

The District Forest Officers are therefore requested to issue detailed instructions to all
the subordinates to note down clearly as to where the offence is booked whether in a Forest
area or within a radius of five miles with relevant names and location of the area.

It is also necessary to produce documentary evidence before the Court proving the
I ocation of the offence quoting the relevant notifications in the gazette.

The receipt of this circular should be acknowledged.

Copy of Dis. No. 164, Dt. 15-1-1965 from 0. Chinnapa Reddy, M.A., B.L.. Public
Prosecutor (Andhra Pradesh) High Court.

In a number of cases, I find where persons are prosecuted for possession or transport
of forest produce, the concerned forest Officials do not state in their evidence that the place
where the forest produce is seized is either in a forest area or within a radius of five miles as
contemplated by the Act and Rules. This is _probably because of inexperience in the matter of
giving evidence in Court and their taking for granted that all the persons concerned know that
the place is in a forest area or within a radius of five miles. However, it is necessary that
forest officials. while giving evidence should make it a point to state that the·place where the
forest produce is seized is within such and such forest area or within a radius of five miles. It is
also necessary to produce or atleast to give a reference in their evidence to the relevant notifi-
~" cations in the gazette declaring the area as a forest area. Suitable instructions may be issued
to all District Forest Offices.

Sd/- C. Chinnappa Reddy,

Public Prosecutor (A.P.),
High- Court, Hyderabad.

Copy of Ref No. /0164165 A-3.

Dated: /9-2-/965.
Circular No. 4/65.
Sub :- Gazetted. O.fficers- Forest Department-visiting Hyderabad->
calling on C.C.F.-instructions-issued.
In Chief Conservator's circular 6/64 dated 25-2-1964 instructions were issued to
obtain prior permission of Chief Conservator of Forests whenever any Gazetted Officer of Forest
Department wants to go over to Hyderabad on official duty and in respect of officers in Hydera­
bad circle the conservator of Forests, Hyderabad is competent to give such permission. In this
connection, the attention of all Officers is invited to para 12 of appendix 4 of Forest Department
code, according to which·the officers of Piorest service visiting the capital on leave or otherwise
should make a report to Chief Conservator of Forests. lnspite of the above provisions in Forest
Department Code, many of the Gazetted Officers come to Hyderabad on Official duty often

159
either for work in the offices of Conservator of Forests, Hyderabad, State Silviculturist, Forest
Utilisation Officer, Forest Settlement Officer, Courts, P.P., or C.S.P.D. etc., Sometimes, it is
observed that some officers do not make a visit to Chief Conservator of Forests. The Chief
Conservator of Forests observed that meeting the ofticers especially when they come all the way
to Hyderabad on duty, will afford an opportunity to discuss departmental problems, and
exchange views.

It is therefore hereby ordered that whenever any Gazetted Officer of Forest Department
comes to Hyderabad on Official duty for work connected in the Offices of Conservator of Forests
Hyderabad, State Silviculturist, Forest Utilisation Officer, Forest Settlement Officer, Central
Stores Purchase Department, Public Prosecutor, High Court or Chief Conservator's Office or in
an~ office at Hyderabad, they should see the Chief Conservator of Forests Office without fail.

3. The receipt of the circular should be acknowledged.

Ref No. 55060/63-Kl.

Dated: /9-2-/965
Circular No. 5/65.
Sub :- Forests Offences-Delay in Settlement of forest offences
Empowering permanent Foresters to collect compounding
fees-Orders-Passed.
Ref:- G. 0. Ms. No. 260 Food and Agriculture Department dated 9-2-1965.

-:o:-
A copy of G. 0. Ms. No 2178 Food and Agriculture Department dated 28-8-1964 is
communicated for necessary action.

All the District Forest Officers are requested to exercise sufficient check over the Range
Officers so that the powers now delegated to the Range Officers are not misused. For this
purpose a schedule of rates showing the value of different kinds of forest produce duly approved
by the Conservator of Forests should be communicated to all the Range Officers as already
instructed in C. C. F's Ref. No. 59407/S-4 K-2 dt. 11-10-64 with the instructions that their rates
in the schedule should strictly be followed while assessing the value of the damage. Any
deviation from the schedule of rates will entail disciplinary action.

_ As regards the power to collect 'C' fees the District Forest Officers' should see that the.
I
Deputy Range Officers and Foresters should maintain the accounts correctly and remit the
collections without accumulation.

Receipt of this reference should be acknowledged at once.

160
 Copy of:
t
G. 0. Ms. No. 260.
Dated: 9-2-/.965.
J
Sub r-« Forests-Offencb-Delay in Settlement of forest offences­
Empowering Range Officers to compound offences and em­
powering permanent Foresters to collect compounding fees-
Orders Passed. ·
Read:-1. G. 0. Ms. No. 1944 Food and Agriculture, dt. 5-9-63.
2. G. 0. Ms. No. 2176 Food and Agriculture, dt. 28-8-63.
3. From the Chief Conservator of Forests, Lr. No. 55060/63 K-2 dt. 7-12-1965
' ' .
-:o:-
Order:-

In the G. 0. first read above armers were issued empowering Forest Hanqers in selected
districts to compound forest offences involving property valued upto Rs. 1:0/- in each case. )n
the G. Os. first and second read above all permanent Foresters and all permanent Deputy
Rangers and officiating Deputy Rangers holding lein in the posts of Foresters in 'the state, were
authorised to collect compounding fees in Forest offences upto Rs. ·300/- and .Jssue C.-F. 140 ·
receipts to the parities subject to the condition that the collections should be remitted
into the nearest treasury or to the Range Officer as early. as possible atleast=once in a week
and that on no one day they should possess more than Rs. 300/- in cash.

2. In his letter third read above, the Chief Conservator of Forests has reported that
the present powers delegated to the selected Rangers, Deputy Rangers and Foresters resulted in
· achieving good results reducing long pending cases and that if the powers of compounding
forest offences involing property valued upto Rs. 10/- now delegated to select Rangers are ex-·
tended tc all the Range Officers in the State most of the petty cases can be disposed of by the
Range Officers themselves and the compounding fees realised by the Deputy Range Officers
and the Foresters. The Chief Conservator of Forests accordingly requested the Government.

(i) to empower all the Range Officers in the State to compound. forest offences invol­
ving property valued upto Rs. 10/- arid
(ii) to authories all the permanent Foresters and also Deputy Range Officers who
hold their lein in the posts of Foresters, in the State to collect compounding fees
upto a limit of Rs. 300/- at a time for one year from the date of sanction.

The Chief conservator of forests ·has also requested the Government to ratify his action
in having instructed the Divisional Forest Officers to continue the Range Officers, Deputy Range
Officers and Foresters to exercise the existing powers in anticipation of orders form the
Government. · ·

2. The. Government after careful examination accept the above proposals of the -Chief
Conservator of Forests and direct that all Range Officers in the State be empowered to com·
pound Forest offences involving property valued upto Rs. 10/- (rupees ten only) in each case.

3. The Government also direct that all permanent foresters and Deputy Range Officers
who hold their lein in the posts of-Forester in the State be empowered to collect compounding
I
161
fee in forest offences upto Rs. 300/- (Rupees three hundred only) and to issue C.F. 140 receipts
to the parties subject to the condition that the collections should be remitted by the Foresters
and Deputy Range Officers into the nearest Treasury or to the Range Officers as early as possible
at least once in a week and that on no day the Forester or Deputy Range Officer should possess
more than Rs. 300/- in cash.
4. The Government also ratify the action of the Chief Conservator of Forests in
having directed all the Divisional Forest Officers to continue the existing powers in anticipation
of Government orders.
5. The Chief Conservator of Forests is requested to watch the working of the delega­
tions granted in para 3 and 4 above for a period of one year and submit a report to Government
on the need for the continuance or.otherwise of the above orders of delegation.
6. The Director of Government Printing is requested to publish the appended notifica­
tion in the Andhra Pradesh Gazette.
7; This orders issues with the concurence of the Finance Departrnent-vide their U. Q.
No. 7698-F.A. -(2& 1) /65 dt. 30-12-1964.
(By order and in the name of the Governor Andhra Pradesh).
Sd/- Syed Gulam Rasool,
Deputy Secretary te Government.

NOTIFICATION I.

In exercise of the powers conferred by section 50(d) of the Andhra Pradesh (Andhra
area) Forest Act, 1882 (Act V of 1962) and in supersession of the previous notification on
the subject the Governor of Andhra Pradesh hereby invests all Forest Rangers with powers
under section 55 of the said Act to accept compensation for forest offences suspected to have
been committed, if the value of the property involved does not exceed ten rupees in each case.

NOTIFICATION II.

In exercise of the powers conferred by section 71 (1) of the Andhra Pradesh

(Telangana area) Forest Act, 1355 F. (Act II of 1355 F.) and in supersession of the previous
notification on the subject the Governor of Andhra Pradesh hereby invest all Forest Rangers
with the powers to accept compensation for forest offences suspected to have been committed
if the value of the property involved does not exceed ten rupees in each case.
Sd/- Syed Gulam Rasool,
Deputy Secretary to Government.
Copy of: -
GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Sub:- Forests-Offences-Delay in settlement of forest offences­

Empowering Rangers to compound offences and empowering
permanent Foresters to collect compounding fees-Orders­
Issued.
G.O.Ms. No 2178
Dated: 28-8-1964.
Read the following :-
1. G.O.rv,s. No. 1944 Food and Agriculture date 5-9-1963.
2. From the Chief Conservator of Forests Lr. No. 8654/63-D-3 dated 9-2-1963.
3. From the Chief Conservator of Forests Lr. No. Re. 55060/63-D-3 dated 15-1-1964.

ORDER:-
In the G.O. first read above orders were issued empowering certain Hanaqe Officers
in nine selected Forest Divisions to compound forests offences involving property valued upfo
Rs. 10/- in each case and also empowering all permanent fotesters in the state to collect com­
pounding fees in forest offences_ upto Rs. 300/-. 111 this connection, the Chief Conservator of
Forests in his letters read above has raised the following points for consideration and orders:-

i. To clarify whether the value of the bill hooks, axes etc., seized should also be
taken into consideration while assessing the total value of seizures for purposes of compound­
i.ng offences

ii. To clarify whether the Range Officers can compound simple grazing cases invol­
ving not more than 10 animals and Rs. 30/- in each case.

iii. To issue ammendment to the notification issued in the G.O. first read above sub­
mitting Baptla for Repalli since the name of the Range Repalli has since been changed to
Baptla, and

iv. To authorise the Dy. Rangers also to collect compounding fees in forest offences
upto Rs. 300/- at a time as they are higher in rank to the Foresters.

2. The Government have examined the matter in detail and issue 'the following clarifi­
cations and orders: -

Item one above:-Whether the value of bill hooks, axes etc. seized should also be taken into con­
sideration while assessing total value of seizures for purposes of compounding
offences.

According to section 41 of A.P. (Andhra Area) Forest Act and Section 51 (1) of Andhra
Pradesh (Telangana area) Forest Act, Property liable to confiscation include timber or Forest
produce in respect of which a forest offence is suspected to have been committed together with
all tools, ropes, chains, vehicles, cattle etc., used in committing any such offence. According

163
 to section 55 of the Andhra Pradesh (Andhra Area) Forest act and Section 71 of the Andhra
Pradesh (Telangana Area) Forest act computation of compensation in a Forest offences has to
be made only with reference to the value of the timber or forest produce in respect of which an
offence has been suspected to have been commited but not include the total value of seizures
made viz., the tools, ropes, bill hooks, axes etc. used in the commission of a Forest offence or
'Seized' as liable to confiscation. Confiscation is not synonymous with forfeiture in these cases.
- The seized property be released on payment of value there of as estimated by the forest Officer. The
confiscation in the case of Forest offence is only an appropriation by. Governrnent.as an act of
state, of the property of public economy. Thus the tool.s are not forfeited but are only appro­
priated and are liable to be released on payment of value thereof as estimated by the Forest
Officers. Thus for purposes of release of property on payment of its value the Forest· Officers 0

can compute the value of the total seizure viz. value of Forest produce as w ell a; the tools etc.,
seized. The Chief Conservator of Forests is requested to take action accordingly.
'tern ii above: -Whether the R·an'ge Officer can compound simple grazing -cases involving not
,_, • more than 10 animals and upto 30 in each case.
Accordinq to Section 55 of the Andhra Pradesh (Andh'ra Area) Forest act, all Forest
otfences other than the offences under Section 50 and 52 are compoundable. Similarly
accotdinq to Section 71 of the Andhra Pradesh (Andhra Area) Forest Act all Forest offences
c, ofh~r-than offentes under Saction 65 or 66 are compoundable. ·It will thus be clear that Forest
~.Range Officers empowered in G.O:Ms N~.-1944 Food and Agriculture dt, 5-9-63 can compound
-,:grazing· offences also provided the value of vthe property (Forest, produce)'involved is left to the
kdiscretion 'of Officer1 e1mpowered to compound offtfnce whereas under Section 71 (3\ of the
A~nahra Pradesh (Telangana Area) Forest Acr? the·conipensation''levied should under no circum­
stances exceed twice the value of property (Forest produce) involved. The Chief Conservator
.of Forests ·is requested to take action accordi ng[y., · · ,._
l t .•• :' -, • '...1- J ) { • J_ ~

Item iii above :--Issue of amendment to the notification substituting Baptla for Repalli-
. The Chief .Conservator of Forests is informed that it is not necessary to issue any
amendment to the notification No 1 issued in the G. 0. first read above as suggested by him
merely because the name of. the Range Repalli has been changed to Bapatla since the Range
Officer wifl have the same old jurisdiction of Repalli and Bapatla areas.
Item iv al>ove :-Authorising the Dy. Rangers to collect compounding in Forest offences unto
Rs. 300/- a time.
The Government authorise all permanent and officiating Dy. Rangers in. the State,
provided the officiating Dy. Rangers hold a lein in the posts of Foresters to collect compound­
ing fees in forest offences up to Rs. 300/-(Rupees three hundr.ed)and to issue C.F. 140 receipts
to the parties subject to the condition that the collection should be remitted into the. nearest
treasury as early as possible at least once in a week.
. r- !
This order issues with the concurrence of Finance Department vide their U. 0. No.
4623/F, A (F & A)/64-1 dt, 7-7-1964. .

_ (By order and in the name of the Governor of Andhra Pradesh).

~· ; ; . j J~ ~ -

'sd/ Syed Gulam Rasool, -

)· )' Deputy Secretory to Government f

164
Re. No.957/62-G2
Dated: /9-2-/965.

Circular No. 6/65.

Sub :-Transfer of land under the control of the Forest Department
to other Departments or institutions etc., instructions issued.
It is noticed that in one case, the Dist. Forest Officer, Anantapur initiated proceeding
on his own accord, for the transfer of the land of 0- 72 Acres belonging to the Forest Depart­
ment adjacent to the Government Hospital building, Kadiri, to the Medical Department in
exchange and he thus entered into correspondence with the Collector, Anantapur and District
Medical Officer. Anantapur. Consequently the Government issued orders accordingly in G. 0.
Ms. No. 2360 Rev. Department dated 28-12-1961. Marking a copy to the Chief Conservator of
Forests. This was done without intimatlon to the higher authorities viz., Conservator of Forests
and Chief Conservator of Forests.

As a matter of fact, the officer concerned should have brought the question of exchanq­
ing areas to the notice of his superiors and obtained prior permission. But contrary to this, the
entire matter was kept in drak till the receipt Government orders in the matter. This 'act of the
D.F.O. concerned is viewed with displeasure.

In view of the above, it is considered desirable to issue the following instructions to

all the Officers of the Forest Department for necessary action. Until and unless the Chief Con­
servator of Forests orders specifically, no transaction in record to exchange of areas, payment
of compensation, estimation and reporting values and transfer or disposal of property etc,
should take place. -;

The receipt of the Circular Memo should be acknowledged.

No. 30492/69/Jl/62
Dated: /3-3-/965.
Circular No. 7/65.
Sub:- Survey of Beroon lands in Adilabad District.
Ref :- CCF's Circular No. 11 /62 dated 2-6-1962, issued in CCP.R.T No. 660/6-2.

Attention of all Conservatos, District Forest Officers, Working Plan Officers is invited
to the reference cited. /ls per instructions communicated in the above circular, it is requested
that a copy of the original field book in respect of blocks surveyed should be submitted to the
concerened Conservator as and when the survey is completed so that it may be permanently
maintained in the circle Office.

2. The Conservators are requested to obtain a copy of the original field book of
surveyed blocks which are in the process of reservation and keep them in their offices safely
in the record room so that the same may be referred in future when ever needed.

165
Ref ~c. 20345/05-A6.
Dated: 30-3-1965.
Circular No. 8/65.
Sub:- Representations- regarding promotions- transfers-seniority,
arrears of pay and other service matters-Instructions issued.
It is noticed that several advance copies of representations from subordinates relating
to service matters are being received by the Chief Conservator of Forests. Generally the advance
copies will baJodged and it is observed that the subordinote officers also do not submit the
petitions sent through proper channel, unless their remarks are called by the Chief Conservator
of Forests. Thus no action is being taken by anybody and the subordinates are frustrated that
the representations are not received with due attention, they deserve. It is very important that
in order to keep the service contented, the matters relating to the personal claims and represen­
tations about transfers and promotions etc.. of subordinates should be replied to within a
reasonable time after taking necessary action.

2. The following instructions are therefore issued for dealing with the representations
from subordinates.
(i) In respect of all representations addressed to Chief Conservator of Forests, an
endorsement should be given on every representation. With this idea. it is
hereby ordered that whenever any representation is submitted by any subordinate,
the immediate superior officer (D.F.0.) should send it to the next superior Officer
(Conservator) within 10 days of receipt of the representation with his speci(ic
comments on the rs presentation as such. As far as possible, one must avoid an
entry reading "submitted for consideration." It is essential that a specific recom­
mendation of the Officer is given.

(ii) Whenever the advance copy is received by the Chief Conservator of Forests it is
now made clear that within (30) days, the Chief Conservator of Forests expects
that the copy sent through proper channel will be received by him with specific
comments or the opinion of the Officers at various levels. '

(iii) The connected records generally service registers, personal files etc. necessary to
decide the representation should also be submitted alonq with their parctwise
remarks. This will facilitate prompt disposal of petitions by the Chief Conservator
of Forests.
(iv) If the copy sent through proper channel is not received within (30) days, then onlv
reminders from Chief Conservator of Forest's office will be issued. It is therefore
hereby ordered that all Officers should adhere to these instructions and send the
representations sent through proper channel to reach the Chief Conservator of
Forests within 30 days, if such representations are addressed to the Chief Con­
servator of Forests and are to be dealt with only by the Chief Conservator of
Forests.

(v) If such representation can be disposed of as they fall within the competency of
the Officer at the lower levels, it may be done so and an sndorsement given to
the party concerned and the fact reported to Chief Conservator of Forests.

166
 The above instructions will also apply to the representations addressed to Government
and Conservators of Forests.

The receipt of the circular should be acknowledged in the enclosed form .

. Ref. No. /4842/65 K-2.

Dated: 9-4-1965.
Circular No. 9/65.
Sub:- Forests-Q·uarries- situated in, Reserve Forest-Demand from
Highways, P. W: D.-grant of permits on seigniorage-fees­
instructions-issueed.
It is noticed that there is heavy demand from the Highways Department and P.W.D.
for the minor minerals in the Reserve Forests for their developmental works such as formation
of Roads, Bridges etc.

2 .. The Chief Engineer, Highways and other Departments have reported that they are
feeling it very difficult to take up the works as they are not able to procure the metal from
forest areas.

3. A meeting of the officials of the Highways Deparment and this Deparment was
held to remove the bottle-necks with regards to removal of the minor minerals by the indenting
Departments.

4. According to Rule (iii) framed under section 63 (a) of the Andhra Pradesh LAndhra
Area) Forest Act 1882, (printed at page 81-62 of M.F.M. Vol. (1) the Forest Deparments may
-allow other Department of Government and local bodies for obtaining the necessary permits to
quarry and charge for the material quarried. The seigniorage fee has to be collected from the
Government Departments, for the material to be quarried.

5. Besides, in G.O.Ms. No. 790 Development Department of Madras dated 5-4-1930

• (copy enclosed) it has been laid down that all transactions relating to removal of minor mineral
from Reserve Forests for use of the other Departments shou Id be conducted by the District
Forest Officer with the Executive Engineer of other Department or local body concerned and not
with the contractors direct. Indenting Officers should be reauested to specify the quantity of
material required and the locality from which it is required. The amount will be paid by the
indenting Department based upon the quantity of material indented for and permits will be
issued to the indenting Department only.

6. The District Forest Officers in Andhra Region are therefore requested to take nece­
ssary action as per the rule position indicated above. Applications from the contractors of the
Highways Department, Public Works Deparment or any other Department for the grant of quarry
lease need not be entertained. These contractors may be advised to approach the Department
concerned, who may addresses Forest Deparment for permits.

7. The District Forest Officers are requesTed to take necessary action without giving
any room for further complaint from the other departments that their development works could
not be implemented for want of rnaterials.from Reserve Forests.

167
 8. Receipt of this circular should be acknowledged.

Copy of G. Q. Ms. No. 780 Development Department, Government of Madras,

dated 5-4-1930.

. Forest-Quarrying in reserved forests-Local Boards and Departments of Government to

be charged-orders issued.

Read the fol lowing papers :-

,
o.o Ms. No. 428, Development dated 28th March 1927.
G.O.Ms. No 1951 Revenue dated 23rd September 1929.
G.O Ms. No. 5090, Law. dated 9th November 1929.
Proceedings of the Chief Conservator of Forests, Ms. No. 31st, dated 12th August 1920
R. D. Richmond Esq, f.F.S.,
Chief Conservator of Forests.
Forest- Produce-Minerals-Charging royalty to other departmental-Reference Chief Con­
servator's proceedings Ms. No. 113, dated 20th March, 1929.

Read the following papers :-

The following tentative instructions are issued for the evidence of Forest Officers with
reference to the orders issued in G 0. Ms. No. 428, dated 28th March 1927, regarding the
extraction .of mineral products from forest lands at the diposal of Government.

(i) With effect from 1st April 1935 removal of rnlnerals by Government departments or
local bodies should not be allowed pending examination of the whole question in
detail. The rates to be charged will be these given in the seigniorage lists for the
various districts in the Forest Manual.
(ii) All transactions relating to the removal of minerals from reserved forests should be
conducted by the District Forest Officer with the executive engineer of the Govern­
ment department or Local body concerned and not with their contractors direct.
Indenting Officers should be requested to specify each case the quantity of
material required and the locality from which it is required
(iii) Again, pending. further examination of the whole matter, the amount to be paid
will be based upon the quantity of material indented for.

2. Witti a view to issuing permanent standing orders, if such prove necessary, conser-
vators are requested to offer their remarks on these instructions with special reference to.
(a) the rates of seigniorage to be levied, and
(b) the conditions under which removals of minerals may be alloweel.
Proceedings-Ms. No. 319 dated 12th August, 1929.
Copy forwarded to all Collectors for information.

3. They are requested to communicate the Chief Conservator's instructions to the

presidents of Districts Boards and Chairmen of Municipal Councils and to the other departments
of Government in the District.

168
Re. No. 18934/65/H 4.
Dated : 15-4-1965.
Circular No. I 0/65.
Sub :-Tours-Chief Conservators of Forests-lnstructions·-lssued.
The Government in their reference G M. No. 856/Spl. B/65 dated 10-3-1965 have advi­
sed the Heads of the @epartments to tour more intensively in order to see that the various
schemes are executed in the field expeditiously and successfully.

2. In this context, the Chief Conservator of Forests and Deputy Chief Conservator·of
Forests will be touring more frequently.

3. These tours may be taken advantanqe by the Field Officers to settle their problems
and doubts. The Conservators of Forests and the District Forest Officers are also requested to
to keep ready with them references which have been referred to the Chief Conservator of
Forests for clarification or orders and give such lists to the Chief Conservator of Forests or the
Deputy Chief Conservator of Forests. so that the required orders can be expedited on such
references.

4. Similarly the Conservators of Forests and Districts Forests Officers are requested
to give top priority to the lists of references communicated to them for giving replies in camp to
the Chief Conservator of Forests or to the Deputy Chief Conservator of Forests. They should
try to give final replies for all such references in camp.

By such vital and regular contact with the Field·Officers, it is hoped that administrative
efficiency and field work will improve and desired results will be achieved.

Ref No. 7058/65/F4.

Dated: /8-4-/965.
Circular No. 11 /65. ·
•
Sub:- Working Plans-Deviations in areas-sanction by Divisional
Forest Officers, Conservators of Forests ect.-Uniformity of
percentage-Instructions issued.
-:o:-
As per the existing practice prevalent in Telangana and Andhra regions of the state,
the deviations in areas of coupes a•e sanctioned bv the officers upto limits noted against them.

Telangana Region. Andhra Region.

(1) (2)
1. Divisional Forest Officers upto 1 O%in Made coupes.
upto 10% upto 15%in other coupes

169
 ( 1)
(2)
2. Conservator of Forests.
Nil
above 10'lo and upto 20%
3. Chief Conservator of Forests above 15%
above 20%

In order to avoid delay in correspondence and to expedite the work and also to have
a uniform procedure throughout the state. it is hereby ordered that the limits mentioned in
colum (1) above for Telangana region will apply hereafter to Andhra region also in superces­
sion of the limits in colum (2) above. Hence all the forest officers should see that deviation in
areas are approved by the Divisional Forest Officers or Conservators of Forests upto 10% and
20% respectively and that cases of above 20% only submitted to Chief Conservator of Forests
for sanction.

The above instructions should be followed with immediate effect.

Ref. No. 24288/Plan/65/}4

Dated: 9-4-1965.
Circular No. 12/65

Sub:-Completion Reports for works sanctioned by Government -

Chief Conservator of Forests and Conservator of Forests­
prompt and timely submission-Instructions -issued.
During the I, II and Ill Five Year Plan a large number of estimates on several items of
works have been sanctioned and executed many of which were sanctioned by the Chief
Conservator of Forests/or Government. As per section 127 of the Forest Department Code the
District Forest Officers have to submit completion reports to the Conservator of Forests in the
manner prescribed therein in respect of all sanctioned works. These completion reports are to
• be accompanied by Diviation statements wherever necessary.

2. Expenditure incurred by the District Forest Officers on sanctioned works has to be

verified by the Accountant General with reference to the Audit registers maintained in his office.
In order t., facilitate verification by the Accountant General the District Forest Officers have to
enclose to the Completion Reports deviation statments if any and a list of the Divisional
voucherwar payments of expenditure. Each C R. with the enclosures is to be submitted by the
District Forest Officer on the completion of the work.

3. There should not be any delay in the submission of the Completion Reports. A
reasonable period of one month from the date of completion of work may be taken as the time
limit within which the Completion Reports should be submitted to the next higher authority. /

4. lnspite of the above rules position it is noticed that in the past several years the
District Forest Officers have been delaying submission of the Completion Reports for months -t
and even years. This enormous delay is on no account permissible.

170
 5. Apart from the above the purpose and the need for verification of expenditure by
the Accountant General is nullified if delays the submission of the C. Rs. are perpetuated. The
connected records in the Accountant Gensral's Office are destroyed after a prescribed period
and the C Rs. received too late by the Accountant General could not be verified by him. Num­
ber of such delayed Completion Reports are being returned by the Accountant General without·
being verified and the Accountant General called for justification for the delay in sending up
the Completion Reports This is a serious irregularity which cannot be allowed to continue.

6. The District Forest Officers and Conservator of Forests are primarily responsible for
the incurring of expenditure. It is therefore essential, in their own interest. that all Completion
Reports due to be sent to the Accountant General are submitted to the Chief Conservator of
Forests within one month from the: date of completion of the work so that all defects may be set
right in time. Till the Completion Reports are finally verified by the Accountant General and
received back from him the responsibility for the expenditure will remain with the District
Forest Officers and the Conservators of Forests concerned. The District Forest Officers and
Conservators of Forests are therefore informed that if, in any case, unauthorised or irregular
expenditure cannot be recovered from the persons primarily responsible due to delayed submis­
sion on the C Rs. the District Forest Officer.•· and Conservators of Forests will be held responsible.
They are threfore requested to ensure that Completion Reports with all enclosures are submitted
within one month of completion of the works.

7. The District Forest Officers and Conservators of Forests are also requested to
ensure that Completion Reports to the works sanctioned by-Chief Conservator of Forests or
Government upto the end of rn63-64 are submitted to this office forthwith with necess ory enclo­
sures. Completion Reports for works sanctioned by the Conservators of Forests should be sent
to the Accountant General direct by-the Conservators of Forests ·themselves as prescribed in
section 127 of the Forest Department Code under intimation to this office.

8. As regards submission of Completion Reports in respect of works for any year the
District Forest Officers and Conservator of Forests need not wait for the closure of the year.
The C. Rs. shall be submitted to the authorities concerned within one month of completion of
the work.

9 The Conservators of Forests are requested to submit their acknowledgements for

the receipt of this circular. Similar acknowledgements may be obtained by them from their
subordinate officers and filed in the Circle offices without fail

Ref No. 60936 61-DI.

Dated : 22-4-1965.

Circular No. 13/65.

Sub: -Leases-adjustment of resale proceeds towards the dues in
some other lease unit-regarding.
According to para 4 of G.0.Ms.No. 2191 F&A dt 17-10-1963 communicated in CC's
Re. 51828 62 D-1 dt. 27-11-1963 and subsequent Government clarifications on the subject the
amount realised at resale of a balance coupe irrespective of whether such resale materialised

171
after the expiry of the original lease-period or within lease period it has to be set off against the
dues of the original contractor towards instalments, sales tax, interest, fines etc. The balance
if any-in excess.need not be.refundad to the Party.

Now a certain District Forest. Officer has issued proceedings adjusting the excess
(fetched at a resale) for a particular lease unit towards the same contractor's dues for another
coupe. Such adjustment are not contemplated in the G.O.Ms. No. 2191 F&A dated 17-10-1965
or subsequent clarifications issued by Government. It i(hereby clarified for the information of
ajl District Forest Officers that the excess fetched at resales of balanca coupes should not be
adjusted towards the dues for any other /ease unit or units even if the same person happens to be the
contractor for both nor should it be refunded.

The receipt of this circular should be acknowledged.

Ref. No. 72368/64 E-2.

Doted-. 22-4-'- / 965..
Vaisakha 2,1887.
Circular No. 14/65.
Sub:-FORESTS-Plantations-Poor results in plantations-instruc­
tions for better protection and maintenance.
On a .review made by the Government regarding the success and survival percentage of
cashew plantations raised in the State they observed that 50% of the total area planted is not
successful Whatever may be the reasons for the tow success it requires very careful attention
by all the concerned.

The District/Divisional Forests Officers and Conservators of Forests are requested to

use their good offices for better attention in the plantation works and also for their protection.
For this purpose they should periodically inspect the plantations not only cashew but all planta­
tions and advise and issue instructions to all the concerned officers both orally and in writing
about the betterment of the plantations and their protection work.

The receipt of this circular should be acknowledged.

Re. N9. 24482/64 D-2.

'Dated : 24-4-1965.
Circular No.· 15/65.
Sub:- Sales • delays in issue of confirmation orders to be avoided
regarding.
In para 1 of item Ill (Confirmation, Agreements & payment of instalments) of C.C.F's
Circular No. 32/63 detailed instructions were issued as to how expeditious action should be
taken in the matter of confirmation of sales and execution of aggrements.

172
 Subsequent to the issue of Circular No. 32/63 a certain District Forest Officer issued
a sale notice with a condition that confirmation orders would be issued within 15 days of date
of sale. But actually he issued confirmation orders more than 2 months after the date of sale.
Another important facror·worth noting is that the lease period was due to expire within 1 month
and 20 days after confirmation. Tlile highest bidder refused to work the coupe and applied for
refund of his money. When the matter went to the notice of Government they held the action
of the contractor in refusing to work the coupe at that stage reasonable and ordered the refund
of the E.M.D. to the highest bidder. In another case a Munsiff Magistrate has observed that
the highest bidder is entitled to withdraw his ofter before the issue of confirmation orders.

If sales or not confirmed within the time fixed· in the safe notices, naturally the highest
bidders who invest money for doing business lose interest and like to withdraw from the transac­
tion. This is particularly so, when he has offered a high bid due to cornpetetion or for anv
other reason. A resale if held after the efflux of considerable portion of lease period may not
fetch an equally good price with the result Government will be put to loss. To avoid such a
contingency, the District Forest Officers should act promptly in getting the formalities comple­
ted and in issuing confirmation orders. As a rule confirmation orders should be issued within
15 days if not earlier after the date of sale, survey, demarcation, marking of trees to be felled
or retained, fixation of lease period and instalments etc., should be completed before sale.
These instructions should be followed strictly and any violation of this Circular will be viewed
seriously.
J

With greater delegation of powers for confirmation as per G.0.Ms. No. 1000 F & A
· dt. 7-4-1965, communicated in CC's Re. No. 6219/65 dt. 14-4-1965, there should be no cause
for any dealy.

The receipt of this Circular should be acknowledged.

Ref. No. 38959/63 Al

Dated : 22-4-1965.

Circular No. 16/65.

Sub:- Appeals & Memorials · Furnishing of information . Instruc­
tions - Issued.
An instances has come to the notice of the Chief Conservator of Forests where in two
foresters have committed offences of similar nature in one and the same case but one Forester
who was appointed after 1956 was awarded punishment of stoppage of increment for a period
of one year by the District Officer where as another Forester who was appointed prior to 1956
was dismissed from service by the Conservator of Forests according to their competency.
Justice and equity demands that there should not be such glaring disparity in the punishments
for the same type of offence committed, by the Government servents of the same rank in one
and the same case. In order to check the recurrence of such cases in future it is considered
necessa_ry to have some kind of supervision.j The Conservator of Foresters, are therefore request­
ed that they should check such cases during the Office inspection of the District Offices.

173
 It is also hereby instructed that whenever remarks are offered on memorials, appeals
and while submitting findings in the cases of Deputy Range Officers, Range Officers, District
Forest Officers to the Chief Conservator of Forests the District Forest Officers and Conser­
vators of Forests should invariably state clearly by adding a para about the other subordinates
involved in the same cases if any, the stages at which the di sci pl inary cases are pending against
them, punishments awarded or proposed to be awarded, for checking such cases at the level
of Chief Conservator of Forests as well.

The receipt of this circular should be acknowledged.

Ref No. 6866/63 N2,

Dated: /-5-1965
Circular No. 17/65.
Sub:-Forest Department- Consolidated pay Bills-C.T. Rs. and
cheque returns to Accountant- General-Instructions issued.
Many instances of delays in submission of the consolidated pay bills by most of the
Divisional Forest Officers have been noticed. This may be due -to several reasons. To avoid
delays it was suggested to Accountant-General to accept the individual range bills instead of
consolidated pay bills. The Accountant-General has accepted the procedure in principle and
suggested to amend section 137 of the Forest Code Draft amendment has been submitted to
Government on 11th .Januarv. 1965 for approval A copy of the proposed amendment is enclo­
sed. All the Officers are requested to follow the new procedure from April 1965

2. It was explained to Accountant-General that there are difficulties involved in sub­

mission of G. T. Rs. and cheque returns duly verified along with monthly accounts on 8th of
each month. It was suggested to him that these ducuments would be sent seperately to reach
the Office of the Accountant-General by 15th. The Accountant-General has agreed to this
suggesticn subject to the condition that these returns also sent (with Treasury Officer's Certi­
ficate along with Cash accounts The Procedure accepted by Accountant-General may be
followed whereever necessary
'
The receipt of this Circular should be acknowledged.

Copy of:
Re. No. 77024/64 A6
Dated: 8-5-1965.
Circular No. I 8/6S.
Sub:-Establishment-For~st-Department-Fixation of seniority of
Foresters-transferred from Ministerial establishment-In.
structions Issued.
On a representation from a forester to count his service as Lower Division Clerk in the ""f•
category of forester as the pay scales of Lower Division Clerks and foresters were identical,

174
orders were issued in Chief Conservator's No. 51609/62-A1 dated 18-9-62 to count the
service of Foresters transferred from Ministerial establishment from 1-11-58 towards the
seniority of foresters under Rule 33 (c) of general Rule for State and subordinate Services
as the pay scales of foresters and Lower Division Clerks were identical with effect from
1-11-1958.

The Conservator of Forests, Kakinada has requested the Chief Conservator of Forosts
to issue similar orders in respect of another forester, whose case is of similar type. On a
clarification sought for by the Chief Conservator of Forests the Government in their Govern­
ment Memo No. 1227 /For. 11 /65-1 dated 30-5-1965 issued orders that General Rule 33\c) is
applicable onlv to the cases of transfer of a person from one class or category of service to
another class or category of the same service. This Rule is not applicable to the cases of
transfer from one service to another as from Ministerial service to forest subordinate service,

In view of the above clarification, the orders issued in Chief Conservator's Ref. No.
51609/62-A1 dated 18-9-62 are hereby cancelled,

Representations are being received from persons requesting to count service of LO.Cs.
in the category Foresters also and fix their seniority under Rule 33 (c) of General Rules for
Andhra Pradesh State and Subordinate services. All the Conservators of Forests are requested
to inform such foresters about the position of Rules, so that they may not resort to represen­
tations to higher authorities.

The receipt of this circular may please be acknowledged.

Ref No. 30938/65/£2

Dated: 14-5 ·· 1965.
Circular No. 19/65
Sub :- Raising of Shramadan nursery beds.
During 1962 Shramandan nursery beds were raised all over the State which came in
handy for the bamboo plantations and also for distribution to ryots for planting in their home
steads as bamboo is a species which is of universal importance. Similarly during 1963 Sissoo
beds were raised free of cost by subordinate Officers particularly in Divisions like Chittoor
East which also came in handy for the plantations in subsequent year. But during 1964 and
1965 no such thing was done in any of the divisions probably because there WJS no directive
from the Chief Conservator of Forests.

Raising of Shramadan beds should becomes a normal feature in all the divisions and
no special instructions need be issued by the Chief Conservator of Forests every year on the
subject. The choice of species is left to the Conservators and District Forest Officers. They
may choose the species depending upon the plantation programmes of the particular division
and the requirements of the locality. These beds are intended not only to meet. the require­
ments of the Department but also other departments and the general public. It is therefore,
ordered that from 1965 onwards every division should have Shrarnad an beds raised every year
by the subordinate Officers free of cost at suitable places with suitable species. The, receipt of
the circular should be acknowledged int he enclosed form.
1
175
 Ref No. 31 237 /65.f £2.
Dated : 3-5-/965.
Vaisakha 13, 1887.
Circular No. 20/65.
Sub:- Planting Season-Surprise visits by Officers.
It was in this season last year that through a series of "Forest Calendars" issued every
month, I exhorted you to r,i,se unto the occasion, bestow constant attention and make the Planta­
tion Programmes a success. As already stated. it is now well known that the only manure
which will produce successful plantations is the "manure of master's drive". Though we may
allot thousands of rupees for plantations they will not carry us far in the absence of atleast an
ounce of determination to succeed. Successful plantations only will insure the survival of our
Department. Therefore, I have coined the following dictum for our Department ''E. S. P."
E. S. P. means "Let us solemnly pledge to establish successful plantations". This should be
the mode of salutations of Forest Officers the usual conventional way· of salutation. I have no
two opinions in my mind that our survival and entity as a separate department depends on our
capacity to establish successful plantations.

Therefore, from this year ( 1965) onwards during the planting season, I want that every
body should be right on the job in the field organizing and supervising the plantation work
personally by hopping from place to place on surprise. During the planting season, no fixed
tour programme need be given by the District Divisional Forest Officers or the Conservators of
Forests to the Subordinate Officers. It is enough if the D. F. O. submits a copy of his progra­
mme to the Conservator of Forests only in a confidential cover and the Conservator of Forests
to Chief Conservator of Forests only. I want the officers to impart an element of surprise into
their tours and visit the plantation areas straight away to see whether every one is on the job
in the plantation. The tours may be made in a simple and unostentatious way disturbing as
few subordinates as possible. More accent and importance may be given to vlaitinq the work
spot straightaway.

Remember that "success through successful plantations"· should be the aim of every
Forester.

The receipt of this Circular should be acknowledged.

Re. No. 30939/65 Gl.

Dated: 14-5-1965.
Circular No. 21 /65.
Sub : Establishment of seed Banks in the divisions.
It is noticed that often indents for seeds are received very late from one division to
another outside circle or even in the same circle, with the result that the seeds indigenously
available are not collected in proper time, ·provision is not made in time and even if it is made
collections 'are not properly organised with the result that seeds have to be obtained from far of ·-r
places at the last minute at huge cost.

176
 Therefore during the dlscussians of plan of operations itself, the issue of collection of
seeds in each division must be finalised. Provision must be made for collecting the seeds
locally available in time so that indents for seeds can be met in proper time. Even if there are
no indents; the seeds can be distributed as an extension programme to the ryots for sowing iii
their fields as part of Farm Foresty programme.

The receipt of this circular may please be acknowledged.

Ref. No. 33/88/65.£3,

Dated: 31-5-1965.
Jyeshtha 10, 1887.
Circular No. 22/65.
Sub :-Utilisation of Non-teak treated timbers for Departmental
building works.Jnseructlons • Issued.
It is noticed that the Divisional Forest Officers, while executing the departmental
building works, are purchasing, the required timber locally, there by incurring much expenditure
when the timber, with an advantage, be secured from the department's timber depots, and can
at the same time add to the revenues of the government.
The Integrated Saw Mill is functioning at Ralahmundrv where sawn timbers of different
species are available for supply to public and also to Government_ departments. There is also a
mobile treatment plant to treat timbers, at t.ie Saw Mill, Rajahmundry and there is no need to
mention that the Saw Mill and treatment plant should be put to increased use by the Department
to fulfil the purpose for which it is established.
All the District Forest Officers of Soil Conservation Circle, Visakhapatnam should
hereafter meet their requirements for the department works by placing indents on the Saw Mill,
Rajahmundry and not purchase timbers from private parties or in open market. Further they
should use only non-teak treated timber, and teak as far as possible should be avoided.
The receipt of the Circular is should be acknowledged.

Re. No. 28489/65/D-2.

Dated: 1-5-1965.
Circular No. 23/65

Sub :- Dead wood-removal of Dead wood from Reserved Forests

illicitly-prevention of regarding.
The Collection of "Dead Wood'' from areas outside the limits of the coupes is resorted
to by some contractors and is going unchecked. To prevent this illicit removal of Dead wood
the following instructions are given :-

1. Before preparing the upset price statements the Range Officers should assess the
quantity of dead wood available in each timber and firewood coupe and include quantity of
dead wood available in the coupe in the upset price statements.

177
 2. It should be included in the sale notices and announced at the sales that separate
permits will be issued to the contractors for the dead wood available iA each coupe to the
extent announced and that the contractors will have to remove the dead wood within specified
time affer taking charge of each strip on separate permits.

3. The District Forest Officers should direct the Range Officers to issue separate Form
for any other permits in vogue in the division with rubber stamp at the top indicating that the
permit is for removal of wood only. ·

4. The number of permits issued should be limited to the quantity available in each
strip.
5. Time of one month or less as fixed by District Forest Officer from
'date of taking
charge of each strip for removal of dead wood should be adhered to strictly.

6. The contractors should be forewarned that issue of any other permit for dead wood;
or transporting dead wood mixed up with green wood or -transportinq dead wood after the time
given expired will be a breach of sale notice and agreement conditions and will entail in levying
of heavy penalties.

The receipt of this Circular should be acknowledged.

-:o:-
Ref. No. 35924 / 65/H4.
Dated : . 8-6-1965

Circular No. 24/65

Sub:- Implementation of the instructions in the Field Inspection
Notes -Instructions-Issued.
I find that most of the Field Inspection Notes of . the Conservators are _lying with the
District Forest Officers without any concrete action. In many cases, the Field Inspection Notes
were lodged without any action, and wherever, they are kept alive, correspondence is still going
on between the Conservators and the District Forest Officers in a . routine manner. Years are
rolling by with out any. concrete result. There is no use of doing Field . lnsoections, if the
instructions contained there in are not implemented irnrnediatelv unless there are extraordinary
reasons for not implementing the same

In order to see that the instructions contained in Field Inspection Notes are properly
implemented by the sub-officers, it is hereby ordered that in future the Conservators and the
District Forest Officers should carry always with them to the camps, the Field Inspection Notes
and see that the instructions contained in the Field Inspection Notes are implemented and
reports obtained on the spot in camps itself.

I hope the above instructions will be followed in letter and spirit.

The receipt of the circular may please be acknowledged.

178
Copy of:-
Ref. No. 3916//65-A6.
~Dated: 8-6-/965.
Circular No. 25/65.
Sub :- Establishment-Forest Department-disbursement ofsalaries
of subordinates by money orders-instructions issued.
It has been brought to the notice of the Chief . Conservator of Forests during his camps
that the salaries of subordinates are not being disbursed in time. and in some cases, even poor
bungalow watches are being asked to go over to range head-quarters for disbursing the salary.
The subordinates are spending more money towards expenses on to and fro journeys to range
head quarters to get their salaries than what they would have lost, if the pay had been disbur­
sed by M 0.

2. In this connection, the attention of all officers is invited to G. 0. Ms. No. 1922
Food and Agriculture dt, 25-7-1965 in which the Government have approved the following
suggestions of Chief Conservator of Forests and requested to give suitable instructions to the
subordinates.
(a) to. disburse the salaries to those subordinates who have given their consent in
writing tosend their salaries through postal M.O. after deducting M.O. commission;
(b) in case of others to disburse the salaries before a witness and to take the signature
of the witness on acquittance rolls.
In Chief Conservator's No. 64580/62-B2 dated 6-8-64 while communicating the above
Government orders, it was ordered that the District Forest Officer should check up tile acquit­
tance rolls at the time of annual office inspection and see whether these orders are implemented
properly are not. If these orders are not implemented by any officer at any time, suitable
disciplinary action should be taken against him. In this connection, attention is also invited to
the provisions in para 9 section 3 part V of Range Administration Manual.
3. lnspite of the above specific orders, complaints are being received that the
subordinates are asked to go over to range head quarters to receive their salaries. This is
unsatisfactory. It is therefore hereby ordered that the subordinate should not be called on to Range
Head Quarters to receive pay due under any circumstances. If any Range Officer voilates this order,
disciplinary action should be taken on him invariably. The pay may be sent by postal M. O.
after deducting the M. 0. commission, taking the consent of subordinates in writing to send
the salaries by M. 0. In that case, the punctual receipt of M. 0. acknowledgement should be
watched and posted to the original pay roll in-proof of disburse.nent.
4. The above instructions should be followed strictly and any complaint in this respect
will be taken serious notice of.· The District Forest Officers should ensure that these orders.
are implemented, by Range Officers by equiring the subordinates during their camps and also
by verifying the aqurttance rolls submitted by the Range Officers along with cash accounts and
issue suitable instructions whenever necessary. The District forest Officers should perJonally
obtain the letters of consent from the subordinates in camp or by correspondence and make an
etro.t to disburse to as manv subordinates as possible by M. 0. only.
I he receipt of this circular should be acknowledged.

179
Ref. No. 39292/65: El.
Dated : 12-6-1965.
Circular No. 26/65.
Sub :- Plantation sites-Selection and Sale.
In supercession of the instructions issued in Circular 8/63 dated 16-4-1963 and
Amendment in Ref. 21797 /63/E2, dated 22-6-1963 the following instructions are issued for
immediate compliance •. Thes~ orders will take effect from 1-7-1965.

Every District.Forest Officer before selling a plantation site must prepare a treatment
map of the said site and send the treatment map with a certificate in the following form to the
Conservator of Forests.

· "It is· to certify that I have inspected the site selected for raising ( ) plantation
of ( ) acres of ( ) species in ( ) block (R.F.) Range
and after ascertaining soil and rainfall requirements, I am satisfied that the site selected is fit
for raising plantation of ( ) species, I also certify that the area can be sold· for the
clearance of growth.

"District Forest Officer"

Unless the approval of the Conservator of Forests is there no site should be sold for raising
plantations.
Conservator of Forests should give the approval only after obtaining the certificate
and map mentioned above, and only after Inspecting the plantation site.

The receipt of this circular may be acknowledged.

Ref. No. 43880/65 Al.

Dated: 24-J /-1965.
Circular No. 27/65.
Sub :- Establishment-Forest Department -promotions from one
category to another+speelflc remarks-called for.
It is observed that whenever proposals for promotion of Foresters as Dv. Range Officers
or Dy. Range OfJicers to Range Officers etc. are called for, the Divisional Forest Officers and
Conservators of Forests are not offering specific remarks regarding the suitability of the subor­
dinate concerned This has resulted in unnecessary correspondence in calling for specific
remarks of the officer before a decision is taken by the Chief Conservator of Forests regarding
the fitness of the subordinate for promotion. Generally the Officers give vague remarks such
as 'I have not seen his work' or 'No remarks'.

It is impressed on all the officers that it is not possible to see the work of every subor­
dinate on the filed by every.: Divisional Forest Officer and Conservator of Forests and that is
why that personal files are maintained. The su.itability of a subordinate can very well be jud­
ged from the personal file, which reflects the work and conduct of an Officer if honestly main­
tained, punishments if any, in the past and the charges pending and nature of charges etc.

180
 I•

3. The Divisional Forest Officers and Conservator of Forests are therefore requested
in future to offer specific remarks regarding suitability of a subordinates for promotion so that
the Chief Conservator of Forests can take a decision without entering into correspondence. )

The receipt of the circular may please be acknowledged.

Copy of:-
Ref. No. 35984/64-(;2. ·
Dated: 10-7-1965.
Circular No. '28/65.
Sub:- Delegation of powers to the Divisional Forest Officers-For
clearance of tree growth in R.Fs. corning in the way of erec­
tion of Electricity K.V. lines and post and Telegraphic lines -
by the Electricity Department and Postal and Telegraph
Department- respectively-instructions-issued. -
I. Attention is invited to the Chief Conservator of Forests reference No. 9861 /60-F1,
dated 16-6:61, where in powers to sanction clearence of jungle growth for E. T. lines and P. T.
lines, were delegated to the Conservators of Forests to facilitate the work of the concerned
Departments as this does not involve or imply disreservation of the area so cleared. Accordingly
permission to clear tree growth is being accorded to the Electricity Department and Postal and
Telegraphs Department subject to the following conditions .

. 1. The tree growth along with the length and breadth of the K. V. Lines and Postal
and Telegraphic lines will be marked by the Forest Department and the marking book may be
. furnished to the Electricity department and postal and Telegraphs Department. The Electricity
Department and Postal and Telegraphs Department shall fell the tree growth as per the marking
book and the felled produce will be stocked and handed over to the Forest Department (as per
marking book).
I
2 .. The Forest Department will take charge of felled material as per marking book,
brought to timber accounts and dispose it off in open auction and credit the sale proceeds to
the relevant head of account of the Forest Department:

3. Further the Electricity Department/Postal and Telegraphs Department will have no

right over the land or future growth but will be permitted on prior application to the Divisional
Forest Officer and Conservator of Forests to carry out repairs; maintenance ·etc.to K. V. Lines
and PT. lines passing through R.F. from time to time without damage to tree growth.

4. "The Electricity/Postal and Telegraphs Department will carry out on prior applica­
tion reclearence along K.V. Line s" /P.T. lines respectively from time to time and hand over the
produce to the Forest Department who will auction the same and the ,Electricity Department/
Postal and Telegraphs Deparment will have no claim over the produce. This will also be done
by the Electricity Department/Postal and Telegraphs Department respectively on prior applica­
tion to the Divisional Forest Officer and '1C onservators of Forests.

181
 5. The Labourers or the contractors engaged in this work, should not misuse the
permission and should not indulge in illicit tellings. Failing which they shall be dealt with
suitably under the relevant provisions of the Fotest Act.
11. Of late, it is noticed that requisitions from the Electricity Department/ Postal and
Telegraphs Department are on the increase due to their expansion programme undertaken during
the Ill Five Year Plan, in laying E.T. and P.T. lines through R.Fs. It is also noticed that ~everal
complaints are being received about non-accounting of the produce, improper sales without
proper sale notices.
Ill. In order to facilitate the work, without undue delay, connected with the laying
of P.T. lines and E.T. lines passing through R.Fs. it is desirable that the above powers delegated
to the Conservators of Forests in this office reference No. 9861 /60-FI, dt. 16-6-61; should
be delegated to the Divisional Forest Officers with the following instructions to accord permi­
ssion to the ET. and P.T. Departments to clear the tree growth coming in the way of E.T. lines
and P.T. lines passing through R.Fs subject to the conditions mentioned in para (1) above. The
Divisional Forest Officers shall intimate to the Conservator of Forests and Chief Conservator of
Forests on the same day permission is given.
4. Instructions to the Divisional Forest Officer:- The Divisional Forest Officers are
requested to ensure while exercising the above powers that only saws should be used, by the
Electricity Department/Postal and Telegraphs Department for sawing flush with the ground
level so that good timber trees will get maximum timber yield. In respect of timber trees, ring
marking should be done with red paint, while fuel trees, should be felled with axe and stocked.
They will also see that one special duty Forester should be with the felling party always to
guide them, while the section Forester should take delivery of the felled produce and .account
for in Form 3, 4 and 5, 8 and 9 timber accounts and not the special duty Forester. After properly
accounting for the felled produce, it should be sold within one month of felling of the material, duly
giving wide publicity. The Divisional Forest Officers will take personal interest in this regard,
contact concerned authorities and insist on quick handing over the same after promoting con­
version and they shall even demonstrate personally to the Officers of the Department as to
bow the whole thing should be done to avoid loss of produce later on, in the presence of the
special duty Forester put on the job. There should be no delay in the sale of the resultant
produce and no excused that the produce was not properly handed over etc, will be accepted.
The Divisional Forest Officers will please note that it is their personal responsibility if any
thing goes wrong in this regard. The Divisional Forest Officers will submit their comprehen­
sive reports to the Chief Conservator of Forests through the Conservators of Forests concerned
expeditious! y.
B. Instructions to the Conservators of Forests:-The Conservators of Forests will please
check up in these malpractices enumerated earlier, during their field inspections and by making
surprise inspections. They will also ensure that wide publicity should be given to such sales of
the resultant produce out of E.T. and P. T. lines, as per general sale notice and they will please
attend the auction sales of such produce by fixing a date suitable to Conservator of Forests and
this can easily be done by the Divisional Forest Officers in consultation with the Conservator of
Forests. The Conservator of Forests will obtain and submit the reports of the Divisional Fortest
Officers concerned to the Chief Conservator of Forests as expeditiously as possible with their
remarks.
The receipt of this circular should be acknowledged

182
 Ref No. 60040/62/Gl,
Dated: / 3-7-/965.

Circular No. 29/65.

Sub :-Forest-Unauthorised cultivation in Reserved Forests-eradica­
tion of-Instructions-Issued.
1. It is brought to notice of the Chief Conservator of Forests that considerable Forest
area in Telangana region are reported to be under lllicit cultivation as detailed below.

(i) Illegal cultivation prior to 1949

(ii) Illegal cultivation after 1949.

·(iii) Irregular Patta cultivation in Reserved Forests.

Illicit cultivation in the above three categories appear to be on the increase in all most
all the Divisions of Telangana Region.

11. In order to solve theproblem the following measures are suggested for the eardi­
cation of evil of illicit cultivation in Reserved Forests areas in Telangana region.

(1) A special party will be formed by the Divisional Forest Officer and the entire
Forest blocks in which illicit cultivation under the above mentioned categories exists, should be
surveyed and the Reserved Forests boundaries verified according to the reservation records and
the boundary cairns be refixed wherever missing.

(2) The information regarding to cultivation in R. F. prior to 1949 and after 1949 will
have to be got from the Tahsildar's Office. A sketch may be prepard showing all the cats­
gories on the Reservation Map. .

(3) It is first essential to know the legal status of each such block i.e. under which
section of Hyderabad Forest Act, it has been notified and also to verify as to how the pattas
have come into existance within the Forest Block, whether these pattas were in existance prior
to the notification of the Block or after notification of the Block. In case the pattas have come
into existence after the notificarlcn of the Block, they will be considered irregular and require
to be cancelled. In case, they are old pattas, the claims of the pattedars will be decided by
the Forest Settlement Officer, under section {6) of Hyderabad Forest Act, provided the block is
notified under section (4l of Hyderabad Forest Act. If .the block has been notified under
section 19 of Hyderabad Forest Act, it will be considered that the claims of the pattedars have
alreadv been settled and compensation, if any, might have already been paid and hence the
pattas, if any in pucca Reserved Forests, should be got cancelled.

(4) As regards illicit cultivation prior to 1949, a copy of the note, where in all the
standing orders of the Government in respect of dealing the illicit cultivation in Reserved
Forests have been brought out, is enclosed herewith. In the light of these orders, these cases
of encroachments will have to be settled .

,i
. (5) As regards the _encroachers who were illicitly cultivating of Reserved Forests lands
after 1949, they will be straight away evicted with the hctp of Revenue and Police authorities.

183
 (6) The Forest staff with the help of Police and Revenue Officers should make.
necessary arrangements to prevent the encroachers from cultivating the Reserved Forests.

(7) As the Madras land Encroachment Act Ill of 1905, has since been extended to
the Telanqana region, it is desirable to address the Collectors concerned and to ~et these
encroachers evicted from the Reserved Forests areas encroached upon.

(8) · It is also desirable to addres the Collectors to instruct the Tahsildars concernd
- for not collecting Sivaijamabandi from the encroachers in the Reserved Forests areas.

(9) It may be mentioned that necessary provision has already been made in the
Integrated Forest Act empowering the Forest Officers to evict the encroachers and illicit cul ti·
vators and that provision has also been made in the Integrated Forest Act for confiscating the
crop. The matter is thus under consideration of the Gevernment separately and the orders
of Government will be communicated immediately on their receipt.

(10) As and when encroachers are evicted, plantations will be taken up progressively
subject to availability of funds.

(11) According to the latest orders of Government contained in G.O.Ms. No. 3 2

Food and Agriculture Department dt. 13-2-64, the Joint Inspection of forest blocks and exami­
nation of the proposals under section 4 of the Forest Act by the Department committee, have
been dispensed with. Hence the question of referring all cases of illicit cultivations prior to
1949 to the committee does not arise. The cases of such illicit cultivation, will have to be
decided based on the standing orders of Government referred to under (4) above.

(12) The work of survey and demarcation of illicit cultivation and settling of the )--
cases is of arduous nature, which the present staff cannot possibly cope up. Hence it is. desi- ·
rable to consider the 'necessitv of appointing special staff on the same anology as that for illicit
cultivation in Adilabad District. Proposals may be submitted where necessary.

111. All the officers of the Forest Department are requested to bear in mind the above
measures, while dealing with the question of illicit cultivation in their divisions.
The receipt of this Circular should be acknowledged.

copy of note on :
Illicit cultivation ia the Forests of Adilabad District
Unauthorised cultivation in Government Forests has become common. This illicit
cultivation is rampant specially amongst the Gonds and other Forest tribes of Adilabad District.·
The Forest Department had made several attempts to curb this practice by launching cases
aga_inst the offenders in the courts of law. compounding and recovering fines but all these
appeared to have had dilatory affect on the culprits. lnspite of these departmental measures,
people i~clined to make easy monev are keen on unauthorised cultivation within the Government
Forests, whenever such an opportunity offers itself.
In order to rootout the evil prevelant chiefly among the Forest tribes, Government were
moved to excise more than a lakh of acres in Adilabad District for rehabilitation of Tribal people.
lnspite of such excision of Forest area, uaauthorised cultivation could not possibly be controlled
till 1358 F.

184
 The introduction of 'Grow More Food Campaign' in the years 1949 enhanced the
percentage of unauthorised cultivation, as a result of which the Government was again moved
and the following decision was received through Secretary Rural Reconstruction letter No. 63
~ of 1949.
The cultivation which has been made under Grow More Food Scheme, prior to
October 1949, may be allowed and the cultivators may not be evicted. No additional area
should be allowed for cultivation over and above the area cultivated prior to 1949. In case of
further encroachment severe action may be taken. Cultivated area may be inspected jointly by
the Revenue and Forest Officers and a report submitted along with their opinion regarding
the area that may be allowed for such cultivation in the R.Fs and they could be excised.'

In accordance with the above directive, a joint inspection in collaboration with the
Revenue Officials was made in Adilabad and Nirmal Divisions and report submitted to
Government.
During communist menace, the villagers took a undue advantage of the situation, cleared
the Forest and started cc ltivation even ignoring the demarcation line of Govt. Forests. No
employees of the Govt. could go into the interior Forests without police help and this apparen-
tly helped the unauthorised cultivators to extend the cultivation in Forest Areas. ·

The task of stopping illegal cultivation did not entirely rest with the Forest Department
but the Revenue Department also failed to check the activities of the villagers and on the
otherhand, legalised the affair by 'Amal Sivai Jamabandi.'
With the advent of Police Action and return to normal conditions, the Forest
Department took action against the Forest offenders within the rules, compounded cases and
evicted villagers wherever possible. Due to this methodical eviction of villagers from unautho­
rised cultivation. those who had a staning of 4 to 5 years, as tillers of the soil, began submitt­
ing memorandums to various Heads of Departments to grant these lands on patta. In order
to meet this unprecedented situation, Government issued orders in letter No. 68 of 1949
referred above. Thus the policy of the Govt. so far as cultivation vis-a-vis in Forest lands
are concerned, was clear and precise, in the erst while Hyderabad State. According to this
policy there was no question of permitting cultivation after the issue of the orders i.e, after
23-10-1949.

lnspite of such clear orders, the scheduled castes and tribes, staged a high agitation
against the eviction of encroachers from Forest lands in Aurangabad Dist. Consequently this
--. issue of encroachment in R.Fs. was re-examined by the Ex. Hyd. Govt. and issued detailed
orders in this regard vlde Ex. Secretary Rural Reconstruction No. Fst/142/8/53/13535-1
dt, 27-10-53. In view of this decided policy of Government the cases of encroachments in
R.Fs. used to be decided by the Revenue and Forest Officers and reservation proceedings were
being expedited.
I
After the formation of Andhra Pradesh, the Govt. in Agriculture Department were
pleased to issued orders that the existing Policy of the Govt. laid down, in G. 0. Ms No. 92
I.C. & L. dt. 17-1-1955 and former R.R's Dept. letter No. Fst./142/53/13535-1 dt. 27-10-53,
need not be,..revised. The Govt. further ordered that the Forest Department should come up
with speciffc proposals in respect of the eviction of encroachers in objectionable cases and for
--..___ disreservation and assignment of genuine old cases where the ryots have been cultivating for a
ongtime,- Vida G.M. No. 93303/C1i58-2, dt. 6-12-1958. '

125
 •
\
Besides this, the Government in their Memo No. 127698/Cl/58-1, dated 12-3-59, have
ratified the action of the Chief Conservator of Forests in having issued instructions with
reference to the orders of Minister Agriculture relating to the continuance of cultivations during
the current year in the taken over estate Forests not yet notified under section 16 of the Madras )..-
Forest Act and the ex-panchayat Forests provided the cultivation existed. in the past and
permitted last year;

Further to examine the applications for lease for raising cashew etc. plantations or for
disreservation and assignment of Forest lands for cultivation and other purposes and also to
consider the necessity of leavinq out of reservation sufficent lands for communal purposes and
for cultivation. from the taken over estate or Jagir Forests, the GQvernment have ordered for the
constitution of a committee in G. 0. Ms. No. 1222 Agri. dated 28-5-60.

In G. 0. Ms. No. 817 Agri. dt. 21-4-63, the Government have been pleased to order
that in place of the existing District committee a committee consisting of the Chairman, Zilla
Parishad as Chairman, the Divi-sional Forest Officer, as convener and the Revenue Divisional
Officer concerned as member has been constituted and the committee should inspect jointly a·11
toreset lands yet to be surveyed and notified with two of them forming a quorum and at all
such joint inspections there shall be a record in 1writin_g to the effect of consulting the village
elders.

It may also be mentioned here that the Madras land Encroachment Act. 111 of 1965 has
been extended to the Telengana region also and this Act has been communicated to
sub-Officers for necessary action. According to this act, the Collector of the Dist. is competent
to evict the encroachers. Consequently the Forest Officers have to approach the Collector for
the eviction of encroachers from Forest land. 5--
There is no provision in Forest Act for the eviction of encroachers from the Forest
lands, and hence the Forest Officers have either to resort to the court of law or to the Collector
for eviction of the encroachers. Hence provision has already been made in the Integrated
Forest Act for delegating powers to Forest Officers to evict encroachers and illicit cultivators.
Provision is also made in the Integrated Act to destory crops raised in R. F. areas by the encroa­
chars to discourage illicit cultivation.

The present policy of the Government, contained in G. 0. Ms. No. 92. IC.' and L. dt,
17-1-55 and reaffirmed in G. M. No. 32732(a) Cl/58-1, dt. 27-3-58 and also recent Govern­
ment orders in G. 0. Ms. No. 424 Agri. dt. 10-3-61 is that the Forest lands are unassignable
and they can riot be leased out for ·cultivation or other purposes.

The working plan 0.fficer, Asifabad has brought to the notice of the Chief Conservator
of Forests that illicit cultivation in Adilabad Dist. is going on since several years and the action
taken against the encroachers under the Forest act is proving futile. He also stated that inspire
of deterrent action taken by the Department the encroachers are persisting in illicit cultivation
in R. F. areas. The C.F.,W.P., Circle suggested that the encroachements prior to October, 1949
and after 1949 shou Id be I isted out separately to decide the issues whether to cl-is._reserve the
areas and form enclosures or to evict the encroachers. In view of these proposals o't- the Con­
servator of Forests working Plan Circle, the Conservator of Forests, Nizamabad Circle was .
instructed to list out all encroachments, beat wise, date wise with the extent of encroach;;;e';"it~

186
and the persons in occupation etc. It was also instructed that should see· that no fresh encroach­
ments are allowed etc. Accordingly the Conservator of Forests, issued instructions to the
Divisional Forest Officers Adilabad. Nirmal, Mancherial and Asifabad to list out the encroach­
ments on the prescribed proforma which is awaited.

(True copy)

Copy of the letter No. FSt. 142/8 / 13535/dt. 27th October 1953 from the Secretary to Govern­
ment, Rural Reconstruction Dept. Hyderabad On. addressed to the Chief Conservator of Forests,
Hyderabad On.

Sub :- General Policy of the Forest D~partment with Regard to

Allotment of Forest lands to Ryots for cultivation.
Ref :-Your Urdu letter No. 2099 dated 10-9-1955.
Sir,
In connection with the recent agitation of the scheduled Castes and Tribes against
the eviction of unlawful encroachers from forest lands in the Aurangabad Dist., I am directed
to communicate the following decision of. Government for cornplaince.

(a) In respect of lands in forest areas under Taungya Plantations, all old leases may
be continued for another five years. All unauthorised possessions prior to 1949
may also be regularised and the persons in -possession may be treated as leassees.
Fresh agreements in the case of the former, and agreements for the first time in the
case of the latter should be obtained. The agreements should continue · all the
conditions and terms of the lease.

Officers of the Forest Department should periodically check up these lease-holdings

and prevent further encroachments and infringements of the conditions of lease.
After this period of five years, these lands will be resumed finally as Forest
areas.

(b) The Forest Department should examine all the proposals under contemplation and
also the areas already notified as Taungya Plantation, with a view to see whether
all this really necessary and if more lands cannot be released for cultivation
purposes. After a thorough examination, fresh proposals may be put up to Govern­
ment so that they can determine areas, the future conditions and terms, etc. and
also take decision on the policy aspect. ·

(c) Isolated patches of cultivation (enclaves) in the forest areas which now exist, are
mostly unauthrorised and hinder the administration of forests. All these persons
who are cultivating such enclaves should be given exchanue lands in om, block at
l the frings of the forest demarcating a suitable area for the purpose, in exchange
for the areas now in their possession.

·;, Here also those who were in possession of these enclaves and started cultivating
them in 1949 or prior, should be given this concession and the rest should be
evicted.

187
 The Forest Department should however collect data regarding cases of unauthori­
sed occupation subsequent to 1949 so thatit can be examined whether, and if so,
how for rural Reconstruction Dept. letter No. 68 dated 28-10-1949 can be
modified.

(d} Forest areas cleared along-side the roads during communist activity days and
which are now under cultivation by ryots, may be confirmed to these occupants
who are land-less. If on enquiry it is found that such persons held lands already
elsewhere, they should be evicted from th!se Meas and the lands so released
should be given to other landless persons.

(e) A special Magistrate should be appointed with necessary jurisdiction to deal

with cases relating to offences committed by the agitators.

The Secretaries to Government, Revenue and Home Departments, are being reques­
ted to take action immediately with regard to items (d} and (e} above.

(True copy)

Ref. No. 40466/65 0-3.

Dated: 13-7-1965.
Circular No. 30/65.
Sub :- Indian Stamp Act 1899-lnspection under Section 73 Andhra
Pradesh Court Fees and Suit Valuation Act 1956 Inspection­
regarding.
Ref: CCF Re. No. 7768/6- D-1 dt, 13-7-64 (Circular No. 32/64)
CCF Re. No. 7768/60 D-1 dt 4 8-1964.
CCF Re. No. 7768/60 D-3 dt. 1-6-1965.

Attention of -all the Officers of Distribution list 'A' . is invited to the correspondence
cited above, wherein detailed instructions have been issued regarding various matters relating
to Stamp Outy.

2 .. It is hereby informed that Government of Andhra Pradesh have authorised the

Inspector General of Registration and Stamps or any parson authorlsed by him to inspect public
offices to detect leakage of stamp Revenue due to Government under the Indian Stamp Act and
the Court fee to be collected under the Court fees and S .nts Valuation Act. Government have
also sanctioned the posts of three Region3l lnspectiriq Officers (Stamps) to conduct the Stamp
Audits. The rules regarding the audit under the Stamp Act were published at page 284 of the
Rules supplement to Andhra Pradesh Gazette part 11 dated 4-5-1961 and the procedure regar­
ding the audit under Court Fees Act are contained· in- G. 0. Ms. No, 275 Homa (Courts. A) dated
22-2-1964 copy enclosed for referece.

3. The Regional Inspecting Officer (Stamps) Kakinada has recently audited the records
of the office of the District Forest Officer, Kakinada Division. The audit report of the Regional

188
Inspecting Officer (Stamps) pertaining to Kakinada Division which has since been received from
the Inspector General of Registration and Stamps has revealed several lrrqularities as mentioned
below. All the Officers of Distribution list 'A' are requested to note carefully the irregularities
listed below and to see that such irregularities if any in their divisions are rectified im,nediately
without any loss of time:-

lrregularities Mentioned by Audit in Kakinada ~ivision.

(a) Contracts are executed by the District Forest Officers on behalf of Government
with the Contractors to cut and remove trees, to take away the usufructs of trees
as the case may be with stipulation regarding deposit of certain amount by way of
security for the due and faithful performance of the conditions to the satisfaction
of the Officers of the Department, The documents are therefore classified as mortagages
with possession under Section 6 of the Stamp .4ct. As many as 25 cases of short collec­
tion of· stamp duty in respect of the documents of this category pertainig to the
years 1962-63, 1963-64 and even 1964-65 have beenlisted out.

(b) There are as many as 51 cases pertaining to 196.2-63 and 1963-_64 wherein the
stamp duty leviable has not been ~ollected at all.

(c) There are 34 cases, wherein it has been pointed out, that though the stamp duty
has been collected; the documents were not got adjudicated.

(d) In some cases the stamp duty collected was remited to the Head "LXX Forestes"
instead of"XIV Stamps".

(e) In a few cases of the documents relating to the powers of Attorney filed by the
contractors in respect of the leases deficit of stamping has been pointed out.

(f) one contracter •A'.put in an application on 4·4-65 to permit him to burn chercoal
in patta lands belonging to another person B. In this connection A, filed a lease
deed executed by B in favour of A. In the lease, it was stipulated that the execu­
tant B gave the lease of land to A for a pe•iod from 1-4-65 to 31-12-65 to burn
charcoal on it in consideration of a sum of Rs. 50/- paid to him by the Lessee ~
in advance. The document is classified as non-agricultural lease for premium
requiring a stamp of Rs. 1.50. But it was written on-a white paper.

(g) The following contraventions of the Stamp Act have been pointed out:-
. . . J

(i) In a few cases the stamp duties levied in the shape of special adhesive stamps
were affixed on a separate sheet of- paper which did not form part of the
document.

(ii) · In some cases stamp duty was collected in cash and remitted to the treasury.
The Challans were filed instead of purchasing special adhesive stamps and
affixing them to the deed before execution.

(iii) On 1-9 · 64 one contractor executed a power of attorney and filed iton 7-9-64.
It was written a stamp o.f Rs. 11.25 consisting of three papers. The. last stamp
1
paper was worth R, 0.75 P. On this sheet of paper some matter pertaining to the
document puported to have _been written by another "petson on 15- i--·1964 was

189
 •

typed. This was corrected in the matter pertaining to the document in question.
this is contravensions of section 14 and hence it should be deemed as unstam­
ped under Section 15.

(h) on 20-3-62 one contractor applied for extension period of lease dt. 20-3· 62 for an
amount of Rs. 67,465/- upto 31-3-1963. The application was not affixed with
Court fee as required under Article 10 (f) (ii) of Schedule II of the Andhra Pradesh
Court Fees and Suits Valuation Act 1956. The application requires Court fee of
Rs. 68/-.

(i) Similarly one contractor had. on 30-4-65 put in an application to extend the period
of contact. from 31-3-1965 by three months. The value of the contract was
Rs. 45, 760/-. The application was levied with Court fee of Rs. 1 /- instead of
Rs. 461-. The deficit fee is Rs. 45/- Article 10 (f) (ii) of Schedule II.

(j) There are as many as 36 cases wherein individuals filed petitions seeking permis­
sion from the Department, eg., permission to repair cart track, permission to open
depot, permissioon to carry the felled timber etc., and in all these cases Court fee
I able of Re. 1 /- was not affixed to the applications with the _result there was
leakage of Court fee.

(k) Court fee lables affixed to the petitions were neither defaced nor punched as per
the instructions contained in B. S. O. 83.

INSTRUCTIONS TO RECTIFY DEFECTS:

4. Detailed instructions have been issued from time to time on the subject. If only
all these instructions were followed strictly by all the Officers, many of the irregularities of the
nature mentioned above could have been avoided.

5. The cases wherein deficit stamping and other irregularities are pointed out, could
have been easily avoided if the documents were sent for adjudication to the "Collectors"
concerned as already instructed in CC's Circular No: 32 dated 13-7-1964.

6. It is evidence from the list of the items that short collection due to District Forest
Officers not being aware of the exact procedure for ca/cu lotion of the stamp duty 3% intimated in CC',,
Reference third cited abo1<e. Another safe procedure which should have been followed by all
District Forest Officers in all cases is tu send the deeds for arbitration and simply follow the
arbitration orders. When arbitration orders are not there the stamp duty of 3% should be
calculated on the security deposit has explained below :-

Stamp duty to be levied.

Where the amount of security deposit does not exceed Rs. 50/­ 1.50 /
Where it exceeds Rs. 50/- but does not exceed Rs. 100/­ 3/-
When~ it exceeds Rs. 200/- but does not exceed Rs. 200/­ 6/-
Where it exceeds Rs. 200/- but does not exceed Rs. 300/· 9/-
Where it exceeds Rs. 300/- but does not exceep Rs. 400/- 12/-

190
 Where it exceeds Rs. 400/- but does not exceed Rs. 500/­ 15/-
Where it exceeds Rs. 500/- but does not exceed Rs. 600/­ 18/-
Where it exceeds Rs._600/- but does not exceed Rs. 700/­ 21 /-
Where it exceeds Rs; 700/- but does not exceed Rs. 800/­ 24/-
Where it exceeds Rs. 800/- but does not exceed Rs. 900/­ 27/-
Where it exceeds Rs. 900'- but does not exceed Rs. 1,000/­ 30/-
and for every Rs. 500/- or partthereof in exceed of Rs. 1,000/- 15/-
7. As regards the collection of the shortage of the stamp duty, attention ot all the
Officers is invited to the clarification issued in item No. (ii) in the Chief Conservator's reference
third cited and necessary action should be taken accordingly. It is presumed that in all cases,
a condition to the effect that the contractor would pay the stamp duty payable was incorpora­
ted as per instructions issued -in CCF Re. 7768/60 D-1 dated 2-11-1962.

8. The correct Head of Account to which the amount collected towards stamp duty
is to be remitted should be noted carefully, The challans, should not be simply filed. _ Special
adhesive stamps should be purchased by producing the challans and they should be affixed on
the documents before execution.

9. There are two kinds of powers of attorney viz., (1) power of attorney for a specific
purpose (1) General power of attorney. In addition to these two in some cases the old power
of attorney is cancelled and a new one is executed in favour of some other person or persons.
The stamp duties in these three cases varies. Therefore all such cases to avoid deficit stamping the
document should be got adjudicated invariably by the concerned Collector before accepting them.
10. As regards the leakage in Court fee there are standing instructions to the effect
in the case of applications seeking permission etc, no. action should be taken unless the Court
fee !ables of Rs 1/- was duly affixed. It is not clear how this was over looked. This should be
followed invariably.

11. It is once again emphasized that obtaining adjudication of the various documents
before their acceptance by all the Officers of the Forest Department is of a paramount impor­
tance and by doing so all the possible irregularities could be avoided. Therefore the various
documents should invariably be got adjudicated by "Collectors-: concerned.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT
ANDHRA PRADESH COURT FEES & SUITS VALUATION ACT 1956 - collection of
Proper Court Fees - Inspection of Public Offices by the Inspector General- of Registration and
Stamp Authorities.
HOME (COURTS. A) DEPARTMENT.
Dated the 22nd February, 1964.
G. 0. Ms. No 275.
Read the following :
1. From the Inspector General of Registration and Stamps Lr. No. 11473/IR/59 dt.
21-5-1959.
2 From the Inspector General of Reg_istration and Stamps Lr. No 1. 1 /11473/59 dt,
18-10-1960 ..
3. From the Board of Revenue L. Dis. W/2006/62 dt. 25-5-1962.

191
ORDER:
The Inspector General of Registration and Stamps has requested that he may be
empowered to inspect the reqisters, books, papers, documents and proceedings in every public
office with a view to prevent leakage of Court fee revenue in relation to any fee undsr Sche- -~
dule 11 to the Andhra Pradesh Court fees and suits Valuation Act 1956 .. Government after due
consideration of the matter have decided to authorise the Inspector General of Registration·
and Stamps, or any person authorised by him in writing to inspect the registers, books, papers,
documents and proceedings in every other pubtice office except courts with a view to detect
any emission or fraud in relation to the fee-under the-provision of theAct mentioned above.
·1
2... If any omssions. in relation to payment of "'Court. feerl under Schedule- 11
to the,
Andhra Pradesh Court fee and Suits Valuation Act; 1956 is detected during the- course-of $UCh
inspections, the following procedure shall be adopted:-

(i) The Head of the Office inspected shall arrange for the collection of the, fee from
the concerned parties within a reasonable period.mot by coercive process)• pur­
chase the Court fee tables. affix them to the applications etc .. as laid ddwn in•
Board'.s Standing Orders No. 83 and sand.a certificate to that effects.to the-Inspec­
tor General of Registration and stamps or the person authorised by him.

(ii) If the amounts are not collected within a reasonable period, the Inspector General
of Registration and-Stamps or the persons authorised ·by him "shall report the
matter to the Head ofthe Department concerned for taking such action as he
deems fit against the persons adjudged as responsible for the loss.

3. Tne Inspector General of Registration and Stamps is empowered to write o.ff irreco-
verable arrears of deficit Court fee detected during the inspections not exceeding Rs. 100 in .••J-
each case and the Board of Revenue to write off sum over and above that limit.

4. This.order issues with the.concurrence-of Finance' Department vide their U.O.No.

7296/H&L/64-1 dt. 7-2-1964
(BY ORUER AND IN THE NAME OF THE GOVERNOR OF
ANDHRA PRADESH)

A. R. Gopalan,
Deputy SFcretary to Go,ernme-nt.

Ref. No. 399 30 / 65 /Al.

Dated: 18-7-1965.

Circular No. 31 /65

Sub :- Courts - levy of fine - more than - 'C' fees in conviered ca-se$ • -
Regarding.
Under. section 21 of Madras, forest .Act., it is.rnentionad.that thei punishment which
may extent to (6) six month's or fine of Rs. 500/- or both can be imposedein addition to such
compensation for damage, done-to ;the forest as·the convictinq.court may be-direct to be paid.

192
 2. From the above it can be seen that there should always be a compensation for
damage that should be collected from the convicted besides the fine amount itself. However,
this is not being done by several convicting courts in recent times.

3. In order to bring to the notice of the Courts the immense value of the property thus
damaged and how it is necessary to see that atleast such fines which are not more than the
compounding fees, are levied, enclosed proceedings of Additional District.and sessions Judge
of Chittoor and Cuddapah will be of great help.

4, The Chittoor District Judge said that "if the amount of fine that is imposed is less
than the 'C' fees demanded it is obvious that the persons proceeded against would choose the
alternative of coming to court with the off chances of getting acquittal and in the event of
conviction being liable to pay lesser amount than he would have been compelled to pay as
compounding fee". Therefore he says it is desirable if the court convicting the person imposes
in variably a fine which is more than the ''C" fees.

5. He also make a case for a portion of the fine to be credited to the Forest Depart­
ment to cover the damage done by the offenders. Additional session judge of Cuddapah
asked the courts to bear in mind the quantum of compounding fee estimated by the Forest
Officials while imposing a fee. He states that if the fine imposed is less than compounding
fees it will encourage offenders to convict more offences. The &list. Judge also says that a part
of the fine amount should be credited to the Forest Department towards damage done to the
Forest.

6. These proceedings coming as they do from the Additional :Disirict Judge or of

substance which can be quoted by us in our efforts to convince other Dist. Judges to issue
-4 similar proceedings in the interests of preserving the forest wealth.

7. The Dist./Divisional Forest Officers are request to contact personally the Dist.
Judges and try to convince about this view point of ours and persuade them to issue similar
instructions to their subordinates officers. The Conservator of Forests also should make it a
point to meet the Dist. Judges in their camps and see that, similar instructions are issued.
While prosecuting Forest cases the District Forest Officers are requested to bring the above
case to the notice of courts thro.ugh the Asst. Public Prosecutors concerned and see that
compensations for damage done to the Forest is credited to the Forest Department or that the
fines levied are not less than 'C' fee imposed. The receipt of the circular may please be
acknowledged.

Copy of the proceedings of the Additional sessions Judge of Cuddapah. Present

Sri M S. Narayanacharyulu, M.A LLB. (Circular Date 13-3-64).

1. During the inspection of Magistrates courts by the Additional session Judge.

Cuddapah, for 63 it observed that punishments, especially, the imposition of fines in cases
under forest Act leave much to be desired. The fine amounts imposed by most of the Magis­
trates are less than the compounding fees, the fine amounts are below the amount estimated
towards the damage caused to the Forest. It is felt that this state of affairs is mostly due to
inadequate appreciation of the factors involved in cases of this type. Most of the Forest offences
coming up before courts concern felling of forest timber for purpeses of fuel and grazing of

193
cattle in forests without permit. The purpose of growing and encouraging the growth of thick
forest and jungles is well known. This is done with a view to enhancing forest wealth and
preservation of wild animals in any region. It is after several years of careful tending to make
easy money, theifs try to remove forest fuel without permits. ·'r--

2. Hence when cases of felling of transport -of timber and grazing cattle in forest,
wttheut permits are detected the Forest Officials estimate the damage caused to. the forests in
terms of money and call upon the accused to pay compounding fee. The purpose of the
compounding fee is not only to compensate the state for the damaged caused to the Forest but
also to have a deterrent effect on future offenders.

3. It is only when the accused fails to pay the compounding fee the matter is brought
before a court. Hence it is important that courts· should be imposing fines bear in mind the
quantum_of compounding fee estimated by the Forest Officials. If the fine imposed by the
court is far less than the compounding fee and estimated damage to the forest, in· encourages
offenders to commit more offences which can only result in profit to them and loss to the State.
This has effect of increasing the institution of forest cases with gr~ater loss and damage to state
property.

4. It is aiso noticed that no compensation-is being awarded to the forest Department

in lieu of the damage caused to the Forest. The. fine amounts imposed are being credited to
Government. Though it is not mandatory, it is reasonable that compensation should be
awarded to the forest department out of· the fine amount imposed. The fine amount to be
imposed has to include the compounding fee payable, as compensation to the forest department -
0
and the balance as fine creditable to Government. '
"
5. The attention of all the Magistrates is invited to section 43 of the Madras forest _},-
Act as amended by Andhra Pradesh Act 11 of 1963 which runs as follows :-

"When a person is convicted of any forest offence, the court sentencing him shall
order confiscation to the state of the timber or the' forest produce in respect ·of
which such offence was committed and also any tool, boat, cattle and vehicle and
any other article used in committing such offence provided that it shall be open to
such court not to order confiscation of any tool, boat, cattle or vehicle or any other
.\ article used in committing such offence when the value of the timber or forest
produce in respect of which such offence was committed does not exceed Rs. 50/-

6. It is hoped that the Magistrates in the District will give careful conslderation to
these tactors in deciding forest cases.

7. All the Magistrates are requssted to acknowledge the receipt of this circular.

Sd/- M. T. Narayanacharlu.
Asst. Session Judge;
Cuddapah District.

194

C
Copy of:
PROCEEDINGS OF THE ADDITIONAL DISTRICT & SESSION cum ADDITIONAL
DISTRICT MAGISTRATE, CHITT00R.

Present : Sri C. Gurumurthi. B.A., 8.L.,

Additional Dist. and Sessions Judge,
and Additional District Magistrate.
No. 2206 / datedJ1-7-Hl65.

Sub : Office under Forest Act. Order.

ORDER
Most of the cases booked under the provision ·of Forest Act that come before courts
relate to grazing of cattle in Forests without valid permits, transport of timber after having felled
the same in the forest without permit. In cases of grazing the cattle and allied offences under
the Forest Act, in severai cases efforts are made by Forest Dept. to compound the offences by
demanding a fee calculated on the possible estimate of damage done b'y the offence in· ques­
tion. It is only when the parties thus proceed against decline to pay the compounding fee or
mark a default that cases are filed before court and come up for decision.

It is found on a perusal of several instances that fine imposed on conviction aggregate

to less tham the compounding fee. The mischief done by such an exercise of descretion is
patent, If the amount of fine that is imposed is less than the compounding fees, the man
proceeded against would choose the alternative, of coming to court with the off chance of
getting an acquittal and in the event of conviction being liable to pay lesser amount than he
would have been compelled to pay as compounding fee. This obviously has an undesirable
effect. It is therefore desirable that if the court convicts a person, the fine imposed should
invariably be more than the compounding fee is each case.

It is also noted that when a fine is imposed on conviction the entire fine is being cre­
dited to the Government. It must be remembered that by the offence complained of damage is
done to the Forest. It is desirable therefore that in the fine that is imposed, a portion shall be
specifically provided to be credited to the Forest Department to cover the damage done by the
offence which has been proved and on which the conviction has-been entered.

All the Magistrates in the Dist. are requested to go through the instructions aforesaid
end exercise their .discretion in dealing with the Forest offences that come before them.

G. GURUMURTHI,
Addi. District & Session judge.
Chittoor,

195
 Re. No. 26027/ 64/K-2.
Dated: 25-7-/965.
Circular No. 32/65.
Sub :-Forest Offences-Prosecution of the Lorry cases-Confirmation
of the Judgement of Lower Court copy of the Judgement-
communicated.
The District Forest Officer Chittoor west has prosecuted a loory case of illicit transpor­
lation of the forest Produce. The lower Court convicted the accused and confiscated the lorry
and produce to the State. The owner of the vehicle other than the accused has preferred an
appeal in the sessions court for the release of the vehicle and for the aquittal of the accused.

The learned Judge has confirmed the Judgement of the lower -Court regarding confis·
-cation of the vehicle including produce and also the conviction of the accused. While con­
fir ming the learned Judge has discussed in detail and correctly the language of the amend­
ment Act 11 of 1963 comparatively to the relevant cases dealt in all the Courts. A copy of the
Judgement is enclosed herewith for information and guidance.

Please acknowledge receipt of the circular.

copy of Judgement :-
The appeal is directed against the order directing the confiscation of lorry No. MSY.
6989 in CCCs. No. 1952/64 on the file of J.S.C M. Chittoor.

The case came to file, and the Forest Range Officer, Chittoor filed a charge sheet alle­
ging that the two accussed in the cace and two others were found illicitly removing a lorry load
of fire wood valued at Rs. 200/- from the Reserve land of Bandaladoddi beat in Tekukonda
Block of Reserve Forest at 11 p. m. on 16-4-1965 in lorry M,S.Y !6989, an offence permissible
under Rule (8) of the Rules framed under section 26 read with =section +3 of the Andhra
Pradesh Forest Act.

3. P. W. I. is the District Forest Officer, Chittoor. On 16-4-64 at about 8-30 P. IVI.

along with his staff, he left in a Jeep on a surprise raid along palamaner Gudiyatam road. At
a place between 17th ans 18th mile in Thekumanda Reserve Forest area they halted the Jeep
and were laying in wait. Ten to fifteen minutes later they saw a lorry Proceeding from Gudi­
yatam side. It entered the forest area and stopped about two furlongs ahead of them.
Sometime latter, P. W. 1. heard sound of legs being loaded into the lorry. They waited for a
time. When the vehicle was about to start. they rushed up in the Jeep. Some men were
found running away. One person hid himself in the lorry behind the logs The lorry was
found loaded upto 3/4 of its body. They found A 2 hiding in the lorry A. 2 was apprehended
While A-2 emerged out of the forest P. W. 2 and his driver apprehended him. P. W. I. went
with A-1 and A-2 to Kalavapalle in the Jeep, secured some elders and a driver to
drive the lorry, On the ground near the lorry two tonnes of fuel was found in a heap. Two
and half tonnes of fuel was found loaded in the lorry. At the scene A-1 and A 2 were questio­
ned and their statements, Ex P. 1 and P. 2 respectivaly, were recorded. The lorry would not
start. So a mechanic was fetched from Palamaner. He effected some repairs and later it was

196
 moved. E· P.5 is the list of evidence that about 100 yards from the place where the lorry was
loaded there were fresh tellings which corresponded to the fuel seized.

4. The fuel was, under orders of court, sold for Rs. 225/- and the sum credited
5. P.W.2 is Chengappa who was taken by P.W.I and was present when A-I and A­
were questioned.

6. The appelant herein filed an application under section 517(4) Cr.P.C. claiming
ownership of the lorry and pending decission in appeal the lorry was given to him on his fur­
nishing of security for Rs. 50,000/- with securities in like sum each.

7. The accused denied the occurance. They examined the defence with these who
stated that the accused, one day in September came to his village and while waiting near a
tea-stall a lorry came and at it was going towards Palamaner. This does not, in any way,
throngh a doubt on the case for the prosecution.

8. Accepting the case for the prosecution the trial court convicted the first accused
and sentenced him to pay a fine of Rs 200/- in default, to suffer R.I. for a month, A-2 was
acquitted under section 245(1) Cr.P.C. on the ground that he was a cooly and so could have no
knowledge that A-1 had no permit and that what was being done was an offence.

Under section 43 the Forest produce (timber) and the lorry MSY 6989 were directed.
to be confiscated to Government on the ground that the vehicle was used in committing the
offence.

9. A-1 who has been convicted and sentenced has not come up in appeal.

10. The appeal is by the person to whom the lorry was given on furnishing security
and who claimed it as his. He was not an accused in the case. Section 47 of the Act reads:-
"Any person claiming to be interested in property seized under section 41 may, within
one month from the date of any order passed under section 43, 44 or 45, present appeal there
from which may be disposed of in the manner provided by section 419, code of criminal
procedure".

It is under the provisions of this section that the appellent, though not an accused in
the case, comes up in appeal.

11. The order of confiscation is impunged on two grounds.

(a) The conviction in the case is illegal and so it follows that the order of confiscation
is unsustainable, and
(b) in any event, the lorry could not be confiscated as it has not been established
that the appellant had the mensure. i.e., that he was aware that the lorry was
being used for the purpose of transport of fuel without a permit or is there evidence
that he convived at it.

12. Rule 8 of the Rules framed uhder section 26 of the Act runs thus.
"No person shall, fell .. •. ... .. ... .. . ....•.... or remove any forest produce
found thereon, unless such person be duly authorised in this respect".

197
 Ex. P. I is an extra judicial confescional statement admissible in evidence. The trial,
court accepted the evidence of P. Ws. 1 and 2 and on the basis convicted and sentenced the
first accused as aforesaid. No infirmity attached to the admissibility of Ex. P. 1 it is not shown
to be not voluntary or, in anyway' tainted I see no reason to hold that the conviction and
sentence of A. 1 is not proper
13. It is urged that the working used in section 43 of the Act is "in committing such
offence" and not for comitting such offence, the lorry was found salatie when it was seized
and so it cannot be said that there was a 'removal' within the terms of rule •8' and therefore
the conviction and the order of confiscation is improper. The evidence disclosed that the lorry
was loaded with fuel. it was.timber felled from the reserve land about hundred yards from the
place where the lorry was and the lorry was about to start when it was seized. It is clear from
the facts that logs were removed from the reserve land hundred yards off and were loaded in
the lorry to be removed off. The confessional statement of the first accused makes this very
clear. The loading was part of the first accused makes this very clear. The removal from the
reserved land and, in the .tacts. in is not as if the lorry with the load should to be on the move
and then only will it constitute a process of removal. Such an . interpretation will lead to an
anomaly If this is accepted suppose a lorry is loaded with fire-wood till the vehicle moves, it
cannot be· an offence. This would mean that if the forest officer, the driver or person incharge
of a vehicle and the loading cooly walks off, no offence is committed, such could never have
been the intended of the provision.
14. The next remarks made is this There is no evidence that the owner of the lorry
(appelant herein) had knowledge of reason to believe that the lorrY would be used to transport
fuel without a due licence and so even if the persons found removing or transporting are con­
victed, he (the owner) cannot be made to suffer as it is a general principle of original law that
there must be some blame worthy condition of mind or mens rea before a person can be guilty
of an offence against the criminal law.

Certain decisions were cited in support.

15. The first is that reported in Bawnji alias Abdul Mohammed V. King 1949 N.W.N.
1
Cr. 165. It was a case which arose under essential supplies temporary powers Act (VI of 1945)
sec. 7 G 0. 2660-A/45 dt. 4-9-1945, prohibiting transpoJt of paddy. It was held that the
person who actually transports the paddy would be liable but the person who delivers the goods
to the person engaged to transport will be liable for .. ... if it is proved that directed the
t_ransport. On the facts, found in the case it was held that the carts transporting the paddy
had still a long distance to cover before they crossed the boundrv of the district end it could be
that they might change their wind. That besides. it was held that facts, disclosed. that there
was not even an attempt to commit the crime. The case has no what l have to deal here.

16. The second is the decision reported in Srinivasa Vs. Emoprrer 1947 M IK N.
Cr. page 125.

The facts were these, the first appellant was acting as a sales agent for part of a district
and the second appeal left was employed by him and entrusted with the duty of allotting
appropriate quantity of salt to each retail dealer. The power to control price at which salt could
be sold was regulated. The case was that the second appellant, with the knowledge and appro­
val of the first appellant demanded and recovered from retail:dealers an additional sum of rupees

198
. ~
 over the maximum price, an offence under section 81 (2), (4), 119 (1}, and 130 (1) Defence
of India rules 1939. It was held that the first appellant had not been proved to have known of
the unlawful notes of the second appellant and so he could not be liable for the offence. It is
laid down that unless the statute either clearly or by necessary implication rules out menserea
as a constituent part of a crime, a person should not be found guilty of an offence against
criminal law.

17. The third case is that reported in Harprasad Rao v The state A I. R. 1962 S. C,
page 204. This case arose out of the provisions of the Motor spirit ration order (1941)
clause (22) (liability of the master for acts of servant.) The question is, was the master liable
for supplying of motor spirit by the servant contravention of the rules. It was held that the
language of clause (22) does not lend support to the contention· that even an innocent master
will be crirninallv liable for the act of his servant.

Reliance on these authorities is for the contention that the general rule is that there
must be blame worthy contention of mind or mens rea before a person can ba held to be guilty
of a crime, that there is no evidence that appellant had any knowledge or reason to believe
that the lorry was going to be used for any unlawful purpose and so the lorry could not have
been confiscated.- In the decision reported in Hariprasada Rao, V. The State A. I. R. 1962 S. C.
page 204, the observation in Brend v Wood (1946) 110 J.P. 317 at page 318.(175 L. T. 306),
'
"It is in my opinion that the utmost importance for the protection of the liberty, of the
subject that a court should always bear in mind unless the statue either cle arlv or
by necessary implication rules out rnensrea as a constitutent part of a crime. a
defendant should not bo found guilty of·an offe-ice c!gainst criminal law unless he
~ · has got a guilty mind." are cited with approval.
{.
So before deciding the question as to how far mens rea is metarial to confiscate the
lorry in the present case, it is necessary to refer to the releve-it provisions of the
Andhra Pradesh Forest Act. The question is if the provlsions of the Andhra Pradesh
Forest Act (here in after called the Act) either clearly or by neces rarv implication
rule on mens rea as a necessary constituent of the crime. The test is to look at the
object or the Act, to see how for knowledge is of the essence of the offence, created.
In arriving at the decision it io:; rn sterial to enquire (a) whether there is anything in
the working or by necessary implication; (B) whether the object of the statute will
be frustrated if proof of such knowledge is necessary.

Section 43 of the Act as it stood before it was amended by the Andhra Pradesh forest
laws (amendment) Act 1963 (Act 4 11 of 1963) runs thus :-

"When any person, is convicted of a forest offence, all timber or forest produce in
respect· of which such offence has been committed, and all tools, ropes chains, boats,
vehicles and cattle used in committing such offence, shall be liable, by order of the
convicting Magistrate, to confiscation."

Such confiscation may be in addition to any other punishment prescribed for such
offence.

After the Amendment. the section runs thus :-

199.
 "Where a person is convicted of any forest offence, the court sentencing him shall order
confiscation to the Government of the timber or the forest produce in respect of
which such offence, was committed, and also any tool, boat, cattle and vehicle and
any other article used in committing such offences".

"Provided that it shall be open to such Court not to order co nfiscatlon of any tool, boat,
cattle, vehicle or any other article used in committing such offence when the value of
the timber or the Forest produce in respect or which such offence was committed
does not exceed fifty rupees."

Under the old section the provision relating to confiscation was "shall be liable, by
order of the convicting Magistrate to confiscation, the penalty of confiscation was made
optional. The further wording is may in addition to any other punishment, prescribed for such ofteoce..
In the marginal note the wording· was a/so whether liable to be confiscated. In the section, as
amended confiscation is made compulsory on conviction. The discretion not to confiscate is
granted to be convicting Magistrate by the proviso added to the section. It provided that the
option not to confiscate is limited to classes where the value of forest product involved rs of a
value less than Rs. 50/-. What is the important is the difference in the expressions 'shall be liable
to be co=ttscaied' in the section, as amended in which confiscation is made compulsory on
conviction. These words which are found in the privisions of Madras prohibition Act (X of
1937, have been the subject of interpertation in Karri Annadamma V. The State of Andhra 1954
MIJ (2) Cr. (Andh.ra page 19). (This decision was not cited before me). The case came up
for decision under the provisions of Madras Prohibition Act (X of 1937). The facts, in brief,
were these; the revision petitioner was the owner of a cycle rickshaw. It appears on 7-1-1964
at about 5-50 P. M. a man called Somayya was found riding the cycle-rickshaw concealing two
black motor tubes containing two and half gallons of arrack inside the seat hole of the rickshaw
covered with the cushion seat. He was found guilty of his own admission and sentenced.
The cycle-rickshaw was ordered to be conficated. Claiming to be the owner of the rickshaw,
which was hired by the accused in the case, and alleging that she had no knowledge of the
purpose for which the rickshaw was going to be put when it was hired out, the owner field a
petition before the Magistrate for return of it. The petition was dismissed. On appeal the
order was confirmed by the District Magistrate. The appellate Magistrate thought that section
13 of the Act was mandatory and did not give any discretion to the Magistrate concerned in
the matter of confiscation and that it did not require the Maqistraie to satisfy himself whether
the owner knew or had reason to believe that the vehicle was I ikely to be used for carrying
arrack.

Aggrieved, the owner (petitioner) went up in revision to High Court.

The relevant provisions of the Act that were considered were section 13 and 14 (1)
. They are as follows :-

"15. In any case, in which an offence has been committed against this Act, the
liquor, drug materials, utensils, implements, or apparatus in respect of or by means of
which the offence has been committed shall be liable to confiscation along with the
receptacles, packages, coverings, animals, vessels, carts or other vehicles used to ff
hold or carry the same".

200

/
 "14. ( 1) When the offender is convicted or when the person charged with the
offence against this act is acquitted but the court decides that anything is liable to
confiscation, such confiscation may be ordered by the court".

H1s lordship laid down the interpretation to be levied on the expression "shall be liable to confis­
cation".
"The expression "shall be liable to confiscation" in section 13 only means is liable to be
confiscated. Under section 14 the Magistrate has to consider whether confiscation
should be ordered or not. Under that section it is only when it is established that the
" owner of the vehicle had knowledge or had reason to belive that it was going to be
used for the purpose of committing an offence, the Magistrate could direct it to be
confiscated. It is a different matter if the person co,nmitting an offence against the
Act is the owner of the vehicle in which case no question of knowledge arises. The
situation is not the same if the offender is not the owner of the vehicle. Is would not
be proper to past an order ofi confiscation in such circumstances without proof that the
· owner had knowledge or had reason to belive that the vehicle was going to be put to
such a use.

Interpreting an analogue provision of law, that is section 11 of the opium Act (Act x of
1878) Mr. Justice Horwill laid down in Chakrapani Chetty and sons V. emperor (1942) (2)
M,L.I. 5!'10) that before ari order of confiscation could be passed the court has to satisfy· itself
that the owner of the vehicle who had not committed the offence, knew or had reason to belive
that this vehicle was likely to be used for such a purpose. To the same effect is the decision of
Mr. Justice Sornasundaram in Crl, M.P.No. 2286 of 1949 in which the question arose whether
an order confiscating the vehicle under Section 14 of the Madras Prohibition Act could be
Passed without proof of requisite knowledge on the part of the owner.

18. If the wording and pharaseology in Section 43 in the Andhre Pradesh Forest Act
was retained as it stood before Amendment, the wording in this behelf precisely the same as
in Section 13 of the Madras Prohibition Act. On authority it should be held that before a
confiscation can be ordered it should be established that the owner had the guilty knowledge.
But in the Section as amended words 'liable to' are deleted and shall order are substituted.
The intendment is that conficatibn is a must. It is mandatory. It therefore, follows that con­
sideration of 'mens rea' do not need to be considered. This intention is made, further clear by
the added provise.

"Provided that it shall be open to such count not to order confiscation of any tool' .
used in committing such offence when the value of timber of the forest produce in
respect of which such offence is committed does not exceed fifty rupees".

It means that a Magistrate can consider and has discretion to confiscate or not only
when the subject matter of the offence does not exceed fifty rupees. The outside limit for
exercise of the choice is fixed.

It is VI ell settled that the effect of a qualifying proviso is to qualify something enacted
there in which, but for the choice is fixed. ,

'Ii It is well settled that the effect of a qualifying proviso is to qualify something snact=d
therein which, but for the provision would be within it.

201
 19. On the discussion, I hold that the wording of the section by necessary implication
exclu~es 'knowledge' as an ingredient of the offence' committed.

20. The amending Act, 11 of 1963 by which the aforesaid changes in Section 43 of
Act, and other alterations in the provision of the Act, were mad was printed by Bill No. 5 of
1963 dated 27-3-1963. The act was Published in A.P. Gazatte on 2-5 1963 having reeeived
the assent ot the Governor on 30-4-1963.

It is seen from the object and reasons set out in the preamble to the Bill that one of
the reasons set but for the amendment is that the penalty of contiseation as it contained in the
Act, in force was left to the discretion of the convicting Magistrate, that it was noted that valua- •
ble timber was being carried away and profits made by such thevinq were enormous and bore
no proportion whatever to the penalty impo-sed on detection and with a view to safe guard the
forest timber it was desirable to make punishment determent and severe and for this and in
view it was necessary t.hat the provisions as to confiscation enjoyed in th~e section should be
made compulsory. This is clear from the deletion of the world 'be liable' af-ter the word small
in the section. It is made further clear by the qualifying provision to the section This is not
even grarnatically. In the pharase shall be liable the world 'shall' is used as an auxilliary verb
helping another ve b to future tence while the word 'shall' in shall order confiscation expresses
a meaning of-its own namely, that of the mandatory interuio i. It appears from all the forgoing
that it was intended to impose :a public duty binding on the person claiming a tool, boat, cattle
or vehicle used in the comrnissien of the offence a part from the question of any knowledge on
_his part.

21. To conclude, I held that the order of confiscation of the lorry is correct. I confirm
the order. The appeal is therefore dismissed .
.
Typed in dictation, and pronounced in open court this the 10th day of May, 1965.

Sd/- X X X
Additional Sessions Judge.

Ref No. 48653. CJ 65

Dated: 25-7-1965.
Circular No. 33/65.
Sub:- Accounts - Monthly accounts Reconciliatjon of Departmental
figures with those of the Accountant General under the varl­
ous heads operated upon by the Forest Department • instruc­
tions issued.
From a perusal of the reconciliation certificates issued by the Conservators of Forests
to the Accountant General it can be said that there are no differences between the departrnental
figures and the Accountant General's figures for the particular month. After issue of the
reconciliaiion certificates by all the subordinate controlling officers and the Chief Conservator
of Forests for all the twelve months there should not be any difference between the departmen­
tal figures and the Accountant 'General's figures. But on receipt of Accountant General's
actuals and the departmental figures from all the Conservators of Forests and Director Zoo in

202
 this office it is seen that there were large variations between the two figures with the result that
the Chief Conservator of Forests has to explain before the Public Accounts Committee of all
such large variations after two years.

2. Mere submission of reconciliation certificates without the reconcilled fi~ures does

not appear to be of any use at all and huge differences remain unreconciled even after issue of
the reconciliation certificates.

3. With a view to over come to this dificulty and to reduce the volume of work at a
later stage the following futher instructions are issued for the guidance of the Conservators.'
(a} Reconciliation work should be attended to periodically and promptly
'(b) A senior Clerk or the Accountant of the Conservator of Forests office should be
deputed to the Accountant General 's office as per schedule and the · departmental
figures got reconciled with those of the Accountant General.
(c} After the figures for a month are finally reconciled, the reconciliation certific~te
should be issued to the Accountant General with a statement at" reconciled expen­
diture figures for that particular month and a copy of it with enclosures sent to the
Chief Conservator of Forests simul .aneonslv.
(d) Any differences, noticed after the reconciliation work is carnpleted and finally
reconciled figures arrived at for a particular month, should be explained in detail
(e) Difficulties experienced in getting the summaries of Revenue and expenditure etc,
should be brought to the notice of the Chief Conservator of Forests with specific
suggestion to over come them.

4. The receipt of this circular may be acknowledged.

-f
R. No. 50453 C//65-1.
Doted: 27-7-1965.
Circular No. 34/65.
Sub:- Appropriation Accounts-Explanation for variations between
the final grant and the actuals- subrnlssion of accurate rep­
lies - Regarding.
From the explanations for the variations between the final grant and actuals received
everv ye~r from the Conservators of Forests, Director Zoo,· State Silviculturist Forest Utilization
Officer and Forest Settlement Officer it is found that the replies were incomplete and did not
· contain the required details to answer the queries raised by the Public Accounts Committee.

With a view to have full details of the variations. and reasons for these variations the
following instructions are issued for the guidance of the Conservators, Director Zoo, State Silivi­
culturist, Forest Utilization Officer and Forest Settlement Officer.

(a) Reconciliation of departme-rtal figures with those of Accountant Generals audited

actuals should be completed as early as possible by the Conservators and Director
Zoo by making special arrangements by the end of May every year and reconciled
figures should be furnished t o the extentpossible.
1

203
 (b) Full details for the variations should be furnished as detaited below.

(1) The name or names of Divisions to which the difference petrains indicating the
amount against each,

(2) Reasons for the difference under each detailed head

(3) In the case of savings under purchase of materials etc ,

(i) date of lndent
(ii) date of receipt of materials.
(iii) District Forest Officers, Conservator of Forests and Chief Conservator of Forests file
Nos. with dates of references.
(iv) C.S.P.D. file No. if any with date of reference.

(4) In case the difference is due to negeigence on the part of any subordinate.
(i) Name and designation of the subordinate.
(ii) action taken against him.
(iii) file Nos. of District Forest Officer Conservator of Forests and Chief Conservator of
Forests with dates of references issued.

(5) In case the difference is due to not taking up of any works for want of sanction
or late receipt of sanction.
(i} date of submission of estimate or proposals
(Ref. No. and date) I 3\
(ii) date ol receipt of orders
(Ref. No. and date)
(iii) details of works indicating the amounts against each,
(iv) Reasons for not taking up the works indicating the names of the those responsible.
(v) Whethere the works were carried out in the subsequent year if so to indicate the
amount spent on each of them.

(6) Any other particulars worth mentioning in this regard.

3. The Conservator of Forests are requested to discuss the items wl-h ·their.District
Forest Officers, working Plan Officers and Asst. Conservator of Forests at the time of plan of
operations or at any other meeting personally and satisfy themselves with the explanations given
before they are actually subsmitted to the Chief Conservator of Forests.
4. The Conservators of Forests, Director Zoo, State Silviculturist, Forest Utif ization
Officer and Forest Settlement Officer are also informed that any files required in this connec­
tion may be required in this office at any time after they submit the variation statement with
explanations Hence they are requested to be in readiness to send the files within three days·
of receipt of a reference from this office.

5 The receipt of this circular should be acknowledged.

204
 Ref. No. 27055/65-A 6.
Dated: 27-7-/965.
Circular No. 35/65
Sub :- Establishment Forest Department period of handing over and
taking over charge of beat by Forest Guards instructions
issued.
It is observed that there are no specific instructions to allow any period for the Forest
Guards in taking over and handing over charge of the beat. Unlike other subordinates, the Forest
Guard has to perambulate the area of the beat and satisfy that there are no illicit felling un­
booked; otherwise, he is made responsible for the destruction of forests. Under (1} of Funda­
mental Rule 107 it has been decided by the Government that the relieving Government servant
should be treated as on 'duty' if the period spent in carrying out these inspections is not consi­
dered excessive by the Head of the Department. The relieving officer will draw pay and
allowances mentioned therein. In view of the peculiar nature of taking charge by the Forest
Guards it is considered reasonable that he should be allowed atleast (3) days time to hand
over charge of the beat. This will allow a-reasonable time and an opportunity to (relieving
and relieved) Forest Guards. to inspect the forests and bring any destruction to the notice et
the superior authorities.

2 ft i;; the responsibilty of the Range officers as well as Divisional Forest officers
concerned to see that the transfer of charge certificates of Forest Guards are scrutinised thorou­
ghly and the delinquent Forest Guards are punished adequately and promptly by initiating_
disciplinary action whenever in TCR, tellings that are not covered by offences are reported
,!. The Chief Conservator of Forests feels that if action on transfer fof ,certificates of charge of -
Forest Guards is taken promptly at the Divisional level, much of the present destruction of
forests, will come to light and also can be stopped by organising special parties or other arrang­
ments necessary. The relieved and relieving Forest Guards should be informed specifically in
Telugu or Urdu as the case my be, that if they fail to bring the destruction during their 'transfer
pf charge certificate to light both the Forest Guards especially the relieving Forest Guard will be
made responsible destruction, It is also hereby ordered that the Conservator of for the Forests
should make it a point to see whether the Divisional Forest officer had taken prompt action on
the transfer of charge certificates of the Forest guards during their tours and at the time of Divi­
sional Forest office inspections.

3 All the.:. officers are requested.• to acknowledge the receipt of the circular .

Ref. No. 36415165/E2-2.

Dated : 29 · 7--l965.
Circular No. 36/65.
:. Sub : ·- Bamboo curbing to be dispensed within Teak Nurseries.
-" I .
t At present bamboo curbing is 'done for teak nurseries which involves enormous cost .
· ;1~·. particularly in· ~laces where bamboo )is to be transported over a long dis.tance .. There i.s no
reason why curbing at all should be 'done for bamboo nursery beds. lt rs possible to give a

·205
 gentle slope to the beds on the four sides of the beds without resorting to extensive curbing.
This method has already been adopted in some divisions without detriment to the success
. .
of the
nursery. All Conservators of Forests are requested to see that in future teak nursery beds are
formed without side curbing with bamboo as far as possible. However curbing done if it is
found essential due to heavy rain fall or nature of soil or any other reason based upon their
experience they are requested to instruct their D. F. Os. accordingly. The receipt of this refe.
rence may please be acknowledged.

Ref. No. 51621/651)4.

Dated: 30--7-1965
Circular No. 37/65.
Sub : -· Works-Execution of works without sanction excess expendi­
I
ture over the sanctioned amounts-Instructions issued.
It is observed that the District Forest Officers are taking up the Conservancy works in
anticioation of sanction of the estimate from the competent authority, or without even submit·
ting the estimates at all, on the plea, that necessary amounts were provided either in the plan of
operations or in the .budget or included in a scheme submitted by them Further, the Conserva­
tor of Forests are also accepting these reports and are submitting the estimates to this office,
very late and even during the last week of March, allowing the District Forest Officers to go
ahead with the work in anticipation of sanction, to avoid lapse of funds provided for a particular
work, in a financial year. The instructions issued in C.C.F's No. 31154/62-C1 dated 24-4-62,
in which this practice was strongly deprecated, are completely ignored, while submitting the
estimates to this office.

(2) While executing the works, higher rates than those sanctioned are being paid, on
the plea~ that the sanctioned rates are not workable. It is also noticed, that even though the
rates as proposed by the District Forest Officers and by Conservator of Forests are generally
being sanctioned, the same plea is being put forth and excess rates are being paid. As_ a result,
excess expenditures over and above the sanctioned amounts are being incurred. The Accoun­
tant General is taking strong objections in all such cases. The follow up correspondence for
the regularisation or otherwise of these excess or unauthorised expenditures, has become un­
avoidable, for years together. If the District Forest Officer, who was incharge of the Division at
the time of execution of the work is transferred the matter becomes still worse and the succeed­
ing officers are not in a position to offer any remarks in such cases.

(3) The following instructions are therefore issued for strict compliance in future.

(i) As already instructed, the estimates for the works to be sanctioned by the Chief
Conservator of Forests should reach the Chief Conservator of Forest's office' not
latter than 31st September of the year, to which the works relate. E~I imates
received after that date will not be entertained at all. Similarly, all the estimates
which are within the competency of Conservator of Forests and District Forest ~
Officers' should be sanctioned by 3-1st May at the latest

206
 (ii) No work should be taken up in anticipation of sanction from the competent autho­
rity. Specific orders should be obtained to take up any work and to go· ahead in
anticipation of sanction from the competent authority.

(iii)· Payments should not be made in excess of-the sanctioned rates, and net items
which are not provided in the sanctioned estimates should not be executed. If, for
any reason the excess expenditure over and above the sanctioned amount is antici­
pated. the matter must be reported to the competent authority and suitable orders
obtained Without specific orders, excess expenditure should not be incurred.

(iv) It is responsibility of the District Forest Officer to see that no excess expenditure
is incurred without specific orders • from the competant authority, If the District
Forest Officer is transferred and any excess or unauthorised expenditure for any
work which was executed while he was incharge of the Division, is noticed, he
will be held responsible, for this lapse.

(4) All District Forest Officers and Conservators of Forests are requested to acknow­
ledge the reciept of this circular.

Ref No. 49670/Nl/65.

Dated : 9-8-/965.
Circular No. 38/65.
Sub:- Forests--Timb~r depots periodical inspection by Conservator
of Forests Regarding-.
Instructions were issued to all Conservators of Forests in Chief Conservator of Forests
Ref No. 41331 59 E4 Dt. 8-10:1959 to inspect the Timber Depots under their jurisdiction once
in six months or if this is not possible, not exceeding a year at any rate and prepare inspection
notes and if any irregularities are noticed, to bring them to the notice of the Chief Conservator
of Forests, These instructions were reiterated in Chief Conservator of Forests Ref. No. 17489/6:)
F. Dt. 26-12-1B60 and the Conservator of Forests were requested to follow them.

It is however, observed d4,ring the inspection of the Conservator of Forests offices tha~
. ..•. .
they are not following the above instructions and are not inspecting the Timber Depots in their
Jurisdiction The inspection notes on Timber Depots which are unsatisfactory are also not
being received from them. The attention of the Conservators of Forest is once again 'lnvited to
the Chief Conservator of Forests reference cited and they are requested to inspect the timber
Depots periodically once in six months or atleast annually as per the instructions issued by
Chief Conservator of Forests and to submit their inspection reports of the Timber Depots to
Chief Conservator of Forests. Copies of Chief Conservator of Forests reference cited above are
communicated again for their reference. They are requested to follow the above instruction
strictly hereafter- /

The receipt of this Circular should be acknowledge.

I

207
Ref. No. 6//9//65-M3.
Dated: 24-8-/965.
Circular No. 39/65
Sub :- Disciplinary cases -Suspensions of delinquent Govt. servents
pending investigation or enquiry into grave charges.
Ref: Chief Conservator's circular No. 3/16. dt. 17-10-61.
2. G M. No. 401 /65-1, GAD (Ser-C), dt. 27-2-65 communicated in Chief Conser­
vator's endorsment No. 20819/65-M3, dt. 1-4-1965.

In view of the detailed instructions issued in the Government memorandum 2nd cited
about the circumstances which a disciplinary authority may consider it appropriate to place
a Government servant under suspension and in view of the provision and clarification made
under rule 13 (1) of the Andhra Pradesh Civil Services (C.C.A) Rules 1963 and in para 18 (b)
the Appendix VI of the said rules it is decided to with draw the circular instructions issued on
suspension for the guidance of the officers of this department in the reference 1st cited,

This office circular No. 3/61 dt. 17-10-61 is therefore hereby cancelled.

Ref. No. 23555!65-M3.

Da(ed: 3-9-1965.
Circular No. 40/65.
Sub:- Public Services-disciplinary cases-publication of the cases of .i'
employees dismissed from service-periodical prescribed.
Ref: 1. G. M. No. 2539/For. 11/65-2, Fooel and Agri. dated 8-6-65.
2. This office ref. 23556/65 M3, dt. 21-6-65.
I
According to the instructions issued in the Government Mernorandum cited, the particu­
lars of Governments servants debarred from further employment (i. e., dismissed from service)
have to be submitted to Government after the appeal against the orders of dismissal is rejected or
after expiry of the time prescribed for making an appeal, in case no appeal is preferred. The
Government in the General Administration Department have been publishing such cases in the
Andhra Pradesh Gazette annually. Therefore an annual periodical is prescribed in the following
statement.

I.

[ Statement ] .

208
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209
 The periodical should indicate· the particulars of employees dismissed' from service
during a calender year excluding those who have preferred appeals in the 'same year or till
March of the succeeding year as the case may be according to the period of appeal. The cases
in which appeals were preferred but rejected subsequently should be included in the return for
the year in which it is rejected. As the memorials and other rspresentajions are not statutory
under· the provisions of C.- C. A_- Rules, they should not be taken into account.
'
At present, punishment Registers are being maintained by all authorities competent to
impose penalties on their subordinates. In future, when ever any emp.Joy~E;l is: dismissed fro'in
the civil service of the State, the punisment register should be posted with all the particulars
required in-·the·sratem1mt a·bovln:!ur-r-n-g·the issue-01--the ptoceedi-n-g·s-andremaining·-columns
I -..: •

should be filled-in at appropriate time. Furnishing incorrect and Incomplete particulars will be
dealt with severely :

The Conservator of Forests- should obtain the annual periodic_al from all the Divisional
Forest Officers. Working Plan Officers etc., under their control by 5th April of every succeeding
year and submit a circle-wise consolidated return in duplicate to reach the Chief Conservator of
Forests by 15th April every year. Copies of the divisional returns submitted to the Conservator
of Forests should not be marked to Chief Conservator of Forests under .anv circumstances unless
specifically called for from this office. as they do not serve any .purpose. r
The first return for the year 1964 should be obtained, consolidated and circle-wise
return submitted by all the Conservators of Forests to reach this office by 20-9--1965.

Ref, No. 63509/65-AJ.

Dated : 14-9-1965.
Circular No. 41 /65.
Sub:- Subjects transferred to Forest Utilisation·-State Silvicultul'ist
Office correspondence-regarding. ..,
In pursuance of the decision taken in the staff meeting held on 1,-3-1965, the. following
subjects dealt in Chief Conservator's Office have been transferred to Forest Utilisation and
State Silviculturist Offices respectively.

Subjects transfered to Forest Utilisation Officer. Subjects transferred .to State Si lvicuiturist.

1. Forest Utilisation. 1. Forest Research,

2 Lac cultivation. 2. Annual quinquiniel reports.

3 Extent and cost of raising plantations 3 Forest Centenary parks
4. Supply of timber to Govt., Depots c1nd 4 Experimental plots.
Govt of India Depots.
5. Meetings of India standards institute 5. Supply of seeds.
specifications. T. D. P.H. etc., Specifications
of I.S.I.

210
 6. Supply of s~aling Wax. .... 6. Forest growing species-species progra-
._.
- mme for study of field performance &
,
timber and pulping qualities.
~
_r·
7·. Forest Statistics. . ' -- 7. 'field and volume tables.
8. Publicity & Propaganda. , ·8. Resea-rc'h -problems' -
s: Films.
.:, ... ~
9. Botanical Survey enquiries.
10. Supply of timber to private parties etc. 10. Seed supply.
1.1. Exhibitions. 11. Vanamohotsava .
-· \" • \ l!~ •("'

12. Purchase & sale .of news-papers., ..... . ... . ,, ·- 12., Library & Books .
13. C.S P.O. Indents of Sub-Officers.

The followinq -seats have ,beenJ.orm.ed in Forest Utilisation Office and State Silivicul- _
turist Offices to deal with these subjects. .

f.orest Utilisation Office.

(1) 'U1' Seat.
(2) 'U2' Seat.

· State silvicuttJrist Office

(3) 'S' Seat.

The Forest Utilisation 'Officer and State Silvi.culturist are dealin.g with the above
subjectsand corresponding with the Sub-offices as wel] so _othe.r departments on behalf of
{;hief Conservator of Forests. Hence all the Officers of the Forest Department are requested to
address the Chief Conservator of Forests and not the Forest utilisation Officer and State
Sjlviculturjst i.n respect of the subjects referred above, dealt by Forest Utilisation Officer througb
bis seats No, U1 and U2 and by State Silvicu/turist through his seat No, ·s· ·
Instructions to Forest 'Utilisation Officer and State Silviculturist only.
All the closed files pertaining to these subjects should be sent to the Record room of
the Chief Conservator of Forests Office after giving L. dis. Rt., and Mis., Nos. of Chief Conservator
/ of Forests Office, available :ih the of Chief Conservator o'f Forests Office. Further, all the fair
copies addressedto sub-offices will be signed bv the· Head Clerk' concerned ·and the fair copies
I
adderessed to other· F;>-epartments ahdGovernrnent will· be sign.ed by the.stare Silviculturist and
F-orest·Utilisatien Officer on behalf o:f. Chief__ Conservator of Forests as "for Cbief Conservator of
Forests."

Re. No. 40466/65 D-3,

Doted: 12-10-1965.
Circular No. 42j65.
Sub :- Loss of stamp duty+collectfon of deficit stamp duty . proce­
dure for collection of deficit stamp duty-clarified. !

Ref :- (i) CCF. Lr. 7768/60 D-3 dr. 1-6-65

(ii) CCF. Lr 40466/65 D-3 dt. 13· 7-65 (Crl. No. 30/65)

211

· 1
 (iii) From the Inspector General of Registration and stamps Lr. SA. 1/15680/
65 dt. 30-6-65.
(iv) CCF. Lr. 40466165 D-3 dt. 10-8-65 (addressed to Inspector General of
Registration and stamps)
(v) From Inspector General, Registration & Stamps Lr. No. SA. 1/15680/65
dt. 1-9-65.

In continuation of this office references first and second cited, copies of the letters (iii)
to (v) cited above are communicated to all the Officers of Distribution list 'A'.
In his reference fourth cited, the Inspector General of Registration and Stamps has
explained the procedure for the collection of deficit stamp duty for the deficitly stamped docu­
ments accepted by the District Forest Officers previously.·

The following is the procedure as clarified by the Inspector General of Registration

an9 Stamps :-
1. The District Forest Officers have to impound such deficitly stamped documents
under Section 33 of the Indian Stamp Act. By impounding it is only meant
that in no case the documents should either be returned to parties or destroyed
or lost. The District Forest Officers should maintain a register hereafter of all
such insufficiently stamped documents and then proceed to take action to · get
levied the deficit stamp duty by competent authorities.

2. If the Regional Inspecting Officers (Stamps) during their audit detected such
deficit, the documents should be sent to them alone for levy of deficit stamp
duty and penalty. After receiving the demand from them the parties should be
addressed to pay the deficit.

3. The remaining insufficiently stamped documents should be sent to the Revenue

Divisional Officers, having jurisdiction over the areas in which the Forest
Officers are respectively situate (vide Sec. 38 (2) of the Indian Stamp Act) for
indicating levy of deficit Stamp duty and penalty. Demand notices to parties to
make up the deficit can thereafter be given.

4. If the parties fail to pay the stamp duty the 'Collectors' (as defined in Stamp Act)
have powers to collect it from the parties under LR R. Act.
Under the circumstance the District Forest Officers are requested to follow the above
procedure for collection of deficit stamp duty with imrpediate.e(fect.

The receipt of this circular should be acknowledged.·

212
Re. No. 27979/62 D-2,
Dated; /8-10-1965.
Circular No. 43/65.
Sub :- LEASES • forfeiture of Earnest Money Deposit after execu­
tion of agreement· avoidence - instructions Issued.
It has come to the notice of Chief Conservator of Forests that a District Forest Officer
forfeited Earnest Money Deposit paid by the highest bidder after execution of the agreement
and did adjustment of the amount as part ot the kist amount. Further the District Forest
Officer insisted that the contractor should make good the forfeited amount.

Earnest Money Deposit is a depo sit collected to bind the highest bidder to the sale
notice conditions: Default on his part entitles District. Forest Officer to forfeit this amount.
But once the highest bidder executes the contract the encumberance on Earnest Money Deposit
ceases, and its place is taken by Security Deposit, which as retained as security for due fulfil­
ment of the contract. Conditions of sale being a part of the agreement the correct course would
have been to levy and collect fine from the Security Deposit' and to insist on the contractor to
make good. the short fail in the Security Deposit.

This irregularity is brought to the notice of all the Officers in continuation of Circular
No 32 63 (embodying common irregularities in leases) with a view to. forewarn against such
irregularities.

They are requested to acknowledge the receipt of this Circular.

Ref. No. 30973-04/63-9

Dated : 24-/0-/965.
Circular No. 44/65.
Sub : Thinnings-Procedure and provision funds of Regarding.
There were several instances where provision made for thinninqs of plantaions were
surrendered at the last minuteor were allowed to lapse. The reason usually given is that
thinnings are· not found necessary. If that is true, then provision ought not to have been made
in first instance. Sometimes the operations are carried out so late that the material cannot be
sold within the year with the result that due to deteriotion, the produce did not fetch as much
value as was expected. There are also instances where due to damage by fires or rains the
material was damaged and full value could not be realised. Therefore · the following
instructions are issued on the subject.

(i) Provision for thinnings must be included in the budget only on the-strength of the
prescriptions of the workingplan. or field inspection notes by the Conservator of
Forests or District Foresq Officer.

213
 (ii) Marking for thinnings must be completed by end of August. If it is net done,
the funds must be surredered in the Revised Estimates with full reasons for not
carrying out the work, so that the funds can be diverted to any other work or to '),,o
other divisions.
{iii) Marking must be inspected and passed by a Gazetted Officer. Until this is done
failings should not be done.
(iv) Fellings should be completed before the end of November.
(v) All produce must be brought to timber accounts.
(vi) First sale must be held before the end of December or even earliar if possible
after wide publicity in news papers. The sales of thinned materials, U. D. 0. R.
timbers etc. are generally held in a hush-hush manner without proper and
very wide publicity in news papers.
(vii) The Conservators of Forests should invariably attended the sales of thinned
materials.
(viii) Every effort should be made to dispose off the material promptly to avoid
damage and deterioration.
(ix) All steps must be taken to prevent theft, damage and deterioration.

The receipt of this circular must be acknowledged.

Ref. No. 74968/65-F4.

Dated: 2-/ /-/965.
Circular No. 45/65.
Sub: Working Plans-inclusion of a chapter on plantations raised
previously in the working plan to be prepared in future­
Regarding.
, In the working plans now in force there is no clear data about the plantations of teak
and other species of economic value raised in the past, in respect of espacernent. technique,
cost of raising par acre, thinnings carried out the interest derived till to date etc. It will be of
immense use in future if a new chapter is included in all working plans · under preparation and
those that-will be revised in future giving following details.

1. Year of Planting.
2. Extent and locality.
3. Espacement adopted.
4. Technique.
5. Cost per acre.
6. T~inning is any carried out from the date of planting to arid 61 the previous tinaflc -+-
cial year. ,
7. Expenditure incurred on each thinning and produce obtained,

214
 8. What is the interest investment has yielded in respect of plantation till now.
9. What is the estimated volume of timber expected at the rotation age:
10. What will be the value of this estimated volume based on the present market rate
at stumps site (Stump} site rate to be reckoned working back on the nearest
market rate.) ·
11. Remarks.
12. Any other interesting points to make the information complete and self contained.
Information on all the above points should invariably be compiled in all working
plans wherever there are old teak plantaions as a general rule.

The conservators of Forests are requested to see that the working plan Officers follow
and act according to the above instructions,

The receipt of this circular should be acknowledged.

Re. No. 6084Bi6S D-1

Dated: 3/-10-1965.
Circular No. 46/65.
Sub :-Removal of grass in plantations
Grass comes in abundance in plantation areas. It has to be got rid of to keep planta­
tations clean and also to save it from fire danger. Sometime grass in very much in demand
and finds sale also. Very often it has to be got rid of by incurring expenditure as a measure of
fire protection or weeding.

with a view to keep plantations clean of grass and save from fire hazard and also to
avoid expenditure on that account it is hereby ordered that in all plantations in future grass
may be allowed to be removed free by the v\llager provided it does not·find a sale.

The Conservators of Forests are requested to see that the above instructions are
followed by all the District Forest Officers

Please acknowledge the receipt of this Circular.

Ref No. 79347 C4/65.

Doted: /4-//-/965.
Circular No. 47/65
Sub :-Forests-loss of Timber in departmental timber depots and
timber rafts on the River Godavari while in transit or in
Revus • subrrrisalon of preliminary and final reports - circular
instruction · issued.
Instructions were issued from time to time to the District Forest Officers Bhadrachalarn,
Varatamachandrapuram and saw Mill Division Rajahmundry and the Conservator of Forests,

215
 Kakinada circle regarding the procedure to be followed in connection with reporting of loss of
timber in Timber Depots and on the River Godavari while in transit or Revus and obtaining
orders of the competent authority for write of the value from the accounts of the Forest
Department. Despite the instructions it is observed that the reports are not being received
promptly with the required information in full with the result there was much. delay in issuing
. write off orders after obtaining further or final reports from the Conservators of Forests con-
cerned.
2. In supersession of all the instructions issued priviously on this subject the follow­
ing instructions are now issued for reference of the Forest officers in dealing with timber

losses.
(a) The instructions contained in Article 294 to 300 of the Andhra Pradesh Financial
Code Volume I and Appendix 23 to the Andhra Pradesh Financia_l Code Volume
IL shall be strictly followed by the Forest Officers in reporting losses of timber.

(b) No tlmelirnlt is prescribed for submission of a preliminary report on losses. Hence

the officer noticing the loss shall submit his preliminary report on the very same
day in a special urgent cover giving as many details as possible to the next
higher authority so as to enable the submission of a preliminary report to the
Chief Conservator of Forests through proper channel.

(c) The Range Officer or District Forest Officer should inspect the scene of accident
and conduct spot enquiry within 3 days of receipt of such report.

(d) The priliminary reports of accident should be submitted to Chief Conservator of

Forests within one month of the accident.
(e) The ·District Forest Officer Saw Mill Divn. Rajahmundry should make special
arrangement to lift the timber from rafts and return the invoice within 3 months
of. receipt of raft at revu.
(f) The District Forest Officer should reconcile the descripancies and submit final
report within 2 months from the date at-receipt of invoice from Saw Mill Division.

The Conservators of Forests may make such arran.gements as they think necessary to
ensure prompt submission of these reports at various levels.

(g) With a view to have a uniform procedure through out the State a questionnaire
form is prepared and issued herewith for submission of preliminary reports and
final reports after investigation with clear indications about the value of the pro­
duce to be taken into consideration while issuing orders for writing off the value.
The final report should reach the authority competent to write off the loss within
two months from the date of occurence of loss. '

(h) The above instructiuns are given only to keep the Forest officers in a better
position to deal with the cases of timber losses and it is the ultimate responsibility
of every officer to go through _the u~to date financial rules. They can.not take ~
shelter on the plea that a particular item has not been called for in Chief Con- ·
servator of Forest's circular and so on.

216
 (i) The Conservators of Forests are at liberty to issue such further instructions as
called for in the divisions of their circles and are requested to ensure prompt
submission of preliminary and final reports of timber losses to the competant
authorities.

3. The receipt of this circular may be acknowledged.

QUESTIONNAIRE FOR DEALING WITH LOSSES OF GOVERNMENT PRO(:>ERTY

-
ANDHRA PRADESH FINANCIAL CODE

Preliminary Roport of Losses :

(1) Has to loss or irregularity in Accounts bean immediately reported to the head of
( _the Office by- the Government servant to whose notice the loss or irregularity in
Accounts came-(Art. 294 (Para 1 ).
(2) Has a preliminary report been sent immediately to the Accountant General by the
Head of the Office and through proper channel to the Head of the Department?
(Art. 294 (para 1) In the case of delay what is the explanation of the reporting
officer.

Investigation into losses :

(3) Has the matter been enquired into without delay by the Head of the Office in
accordance with Articles 300-302? (Article 294 - para 3). In the case of delay
what is the explanation of the investigating officer.

Fina I Report of losses :

Has the Head of the Office after completion of the investigation submitted a
complete and detailed final report, to the Accountant General and through the
proper ·channel to the Head of the Department discribing the nature and extend of
the loss or account irregularity etc. ? (vrde Art. 294 para 3) In the case of delay
what is the explanation of the Head of the Office ?
(5) What is the nature and extent of the loss or irregularity ? (Art. 294 .-· para 3).
(6) What are the circumstances under which the irregularity occured? - was there any
breach or neglect of an existing Rule? (Art. 294 - Para 3)
(7) Has the amount loss or vatue of the loss recovered from anybody ? If not is it
possible to recover it in any way? Ah. '2 94 - Para 3).
(8) Has any disciplinarY action been taken or recommended to be taken against the
Government servant responsible? (Art. 294 - Para 3).·
(!l) What' steps hav~ been taken or recommended to be taken with a view to prevent
the reocurrence of any such loss or account irregularity? (Art. 294 - Para 3).

j. '"-·
General Principles of enforcing responsibi!iti)' :
(10) Appropriate authority to I investigate fully .without avoidable delay. (Art.
300 - Para 1 ).

217
 (11) If necessary original vouchers to be obtained from the Accountant General (Art
300 - Para 1 ).
(12)- If investigation is complex Government to be addressed for the assistance of an
audit officer. (Art. 300 - Para 1 ).
(~ 3) If recourse is to be had to judicial proceedings legal advice to be obtained by the
Administrative authority.
(14) If-loss is due to criminal offence procedure in Art. 301-302 to be followed (Art.
300 Para 2).
( 15) If a Government servant is held responsib!e for loss, whether in the opinion of
the competant authority whole or any part of the loss to be recovered ·from whole
or any part of the loss to be recovered from him in money and whether any discip­
linarv action is to be taken. (Art. 300 para 3 (a) )
(16) deciding the money to be recovered, have the circumstances of loss and as well
as Government servants financial position been considered (Art. 300 para 3 (a) )
(17) Is the loss due to fraud and if so what steps are taken to recover the whole loss?
[A. 300 para 3 (a) ]
(18) Is there failure on the part of the Superior officer to exercise proper supervision
and control and if so how is he proposed to be dealt with 7 [Art. 300-para 3 (a) J
( 19) Does the investigation show that any criminal offence has been committed by
.any Government servant and if so whether in procedure prescribed in Art. 302 has
been followed ?

Special for losses of Timber in transit in River Godavary :

(1) What is the exact date and time of the accident?
(2) When was the incident first reported by the staff incharge of the timber rafts to
the R. O , or the D.F.O and when did the D.F.O., get the information? in the case
. of delay \1\-jiat is the explanation of the reporting officer?
(3) What is the action taken by the RO, and the D.F.O. immediately on receipt of the
first-report? Did they proceed to the spot of the accident? If not why not? In the
case of delay what is the explanation of the R.0_. and D.F.O. 7
( 4) What are the steps taken to salve the Timbers ? Did the staff in charge of the Raft
or the R.O., or D.FO, give a Telegraphic information to the C. Os. Polavaram and
Rajahmundry about the ioss of timbers and .if so what are the steps taken by the
C.Os polavaram and Rajahrnundry to salve the Timbers ? '

Note:-- Since large quantities of drift wood timbers could be salved even in the
course of heavy floods, it should not be difficult to salve the timbers
during other seasons especially summer May and June. If such steps are
not taken it will amount to negligence on the part of all concerned. Accor­
ding to Article 3 (b} (1) every Governrnent servant is expected to exer­
cise the same deligence and care in respect of all expenditure from public
moneys under his control as a person or ordinary prudence would exer­
cise in respect of the expenditure of his own rnonev. This principle will

218
 apply in regard to protection and detection :at losses of Government pro­
perty. As such it is the duty of every Government servant to spare" no pains
in the detection of Government losses irrespective of their Jurisdiction

(5) Immediately after submission of the preliminary report to the Accountant General
and the Head of the Department did the investgating officer inspect the accounts
and registers of the despatching depot and as well as the receiving Depot at his
/
earliest opportunity as part of his investigation with a view to contact possible fraud
under the over of losses due to accidents such inspection should from port of the
investigation apart from the depot inspections to prescribe a intervals

Despatching Depot
(6) Have the Register in from No. 2, 3, and 4, been maintained in the Despatching
depot correctly and have all the receipts and disposals been entered regularly as
transactions took place.
• I

(7) Is a clean record of invoices received and issued, maintained in the Despatching
depot.
'
(8) Do the entries in form No. 3 of the sto~k received from other depots or form the
Forests agree with the entries of the despatching depot from which timbers were
received. ·

.,___ (9) Does the Register in form No 3 show logwise details of receipts and disposals
and do the entries in form No. 4 agree with the disposals as showing item No. 3.

(10) Are detailed invoices issued by the despatching depot in duplicate with logwise
particulars, to the Depot R 0., Government timber depot, Rajahmundry as soon as
each raft is ready for despatch and are the duplicate acknowleqed copies promptly
obtained by the Depot officer from the concerned Depot officer to whom they
were sent and are the? invariably filed with the concerned office copies.

(11) Do the invoices include all timbers in the raft includinq clims used for tying the
rafts.

(12) -Are R. T. R. permits issued regularly by the despatching depot officers "to cover
transport of the timber to Raj, and are intimations sent promptlv to the C. 0.,
· ·~ Polavaram as soon as the raft leaves the despatching .Revu Depot to enable the
C. 0. Polavaram to be watchful about the arrival of raft .

{13) Do the quantities of timbers as noted in the R.T.R permit agree with the quantities
as shown in the invoices of the despatching depot, if not what are the reasons
for variation.

(1<1) At what intervals and how many times in one year were the depot accounts ins­
pected and by whom and with what result? Was physicial varification of stock
done at regular intervals and with what result:

(15) In respect of the accidents that occured in the river where the rafts were in transit
did the subordineta incharge or the Range Officer concernE:d as the case may be

219
 issued telegrams to the staff stationed down the place of accidents such as the
checking officer, Polavaram and Rajahmundry etc., requesting them to make efforts .
to solve the timber found drifting and if so what is the action taken by the con- \,
cerned staff. If no telegrams were issued what are the reasons.

C.Os Polavaram and Rajahmundry

(16) What are the quantities as checked and passed by the C.Os. Polavaram and
Rajahmundry? Is there any variation between the permit quantities and quantities
as checked by C.Os Polavaram and Rajamundry and if so what is the action taken
by the C.Os]

Receiving Depot (Govt Timber Depot) Rajahmundry :

( 17) As in the case of the despatching depots, are the registers in forms 3 and 4 cor­
rectly maintained in the Govt., Timber Depot at Rajahmundry? Do the receipts in
Form No. 3 show logwise details as per the invoi ·es received from the Forest and
Revu Depots and the disposals in form No. 4 agree with those in form No. 3 and
do the entries in Form No. 5 agree with the Receipts and disposals in forms 3
and 4 7
(18) Are the tnvotces.promptlv verified by the Depot R.0. with reference to the actual
receipts of Timbers and are they promptly returned to the Despatching Depot duly
acknowledged? In the case of delay what is the explanation of the persons
responsible ? ------
( 19) Are there avoidable delays in lifting the Timbers from the rafts near the Govt. .
Depot and if so what are the reasons therefor. X
(20) In how many cases was the lifting delayed beyond reasonable time say 10 days
at Rajahmundry and what are the reasons.

(21) Does each log bear distinct identification mark with reference to Col. No. 6 and
8 to 10 of form No. 3 of the Despatching Depots and as well as hammer marks of
the despatching depot officer or any other·officers at the source.
(22) Are the losses determined after comparing the actual timbers lifted wit ff the
invoices of the despatching depots and if not how are they determined and what
are the reasons therefor. Give a list of timber logs lost with details of identifica
tion marks. maasurernents etc., with reference to the depot registers and rnarket ;
value in respect of each log
(23) Are the deficit timbers being shown in form No. 5 of the concerned Depot pen­
ding receipt of orders of write off, if not why not?

(24) (a) Is the value of timbers lost arrived at as per note 2 (ii) under item 1 of
Appendix 23 of the A. P. Financial Code Volume II.
(b) whether the place of accident is inside or outside the Reserved Forest.
(c) Whether the rates per ctr. etc , adopted were the local rates at the place of
accident prevailing at the time of accident, if so the basis for arriving the
local prevailing rates.

220
 (d) In the case of Govt. sale depot rate or market rate the basis for arriving at
the rate should be indicated.
(e) In the case of the rates adopted in all accident cases the District Forest Off i­
cer should furnish a certificate to the effect that he has verified the rates
and satisfied himself about the correctness.

Ref. No. 83249 /65/A.2

Dated. : / - / 2- / 965.
I
Circular No. 48/65.
Sub:- Public Service- Discharge of a probationer or a temporary
Government servant from service instructions Issued.
While examining the appeals and memorials of Government servants, the following
typical cases of discharge of temporary Government servants have been observed.

(1) In one case, on a charge of misappropriation the DFO issued memo asking the
F.G. to show cause why he should not be removed from service. He submitted
his explanation and no orders were passed on it. In the meanwhile, the subordi­
nate was ousted from service for want of vacancy. Subsequently, when -the sub­
ordinate approached for posting-orders the D.F.O. informed him that he was ousted
from service on the ground that he was undesirable and according to the orders
passed on his explanation no posting orders could be given.
(b) In another case, the D.F.O. issued charge sheet and obtained explanation and
terminated his services without issuing a show cause notice indicating the punish­
ment as he was a Temporary Government servant.
(c) In another typical case, the D F. 0. informed the F.G. removing his name from the
list of approved candidates .,for appointment as F. G. and ordering that he should
not be entertained in future, as he was a temporary Government servant.

(2) In all the above cases, the oders of the D.F.O. had to be quashed as proper proce­
dure was not followed before discharging the Government servant from service.
It is thus observed that some D F.Os are not following the proper procedure in
discharging temporary Government servants. The Position of Temporary Govern­
ment servants is explained below to avoid any irregularities in discharging tempo­
rary Government servants.

3. According to the decision of the Supreme Court (AIR 1963) "The protection under
article 311 of the Constitution of India is undoubtedly to the temporary public servants as well
as to public servants holding permanent employment But the state is not prohibited by the
Constitution from reserving a right by the _terms of employment to terminate the services of a
· public servant and if in the bonafide enforcement of that right, the employment is terminated the
protection of Art 311 of the Constitution will not avail him because such a termination does not
amount to dismissal or removal from sevice. Further it cannot be assumed that an order ex-
4----- facie one of termination of employment of a temporary employee was intended to be one of
dismissal. The onus to prove that such [was the intention of the authority terminating the
employment must lie upon the employee concerned.
l
221
 4 The essential point in such cases in whether the appointing authority intended to
dismiss the employee form the service or whether he intended merely to terminate the ernpiov-
ment in terms of contract of service in exercise of the authority. ·}-,

!'i. In the third case, referred in para 1 above the D. M. and the subordinates Judge
observed that the Forest Guard wasremoved from service for misconduct by way of punish­
m=nt. The intention of the D.F.O. to punish the Forest Guard by way of dismissal is further
evident from the words "he needriot be entertained the Department in future". The D.F.O.
not only wanted to terminate the services of Forest Guard by removing him from service but he
went even to the extent of debarring him from entering the service in the Forest Department
once for all. Thus the Art. 311 of Constitution is attracted in this case.

·6. In view of the above Judicial decisions issued from time to time Government have
issued specific instructions in the tollowinq Government orders on the subject.

1, G. 0. Ms. No. 848 GA (SA) Department dt. 11-6-60 communicated in CCP Mis.
240/60 A2 dt. 28-6 60

2. G. M. 4090/61-1 G. A. D. dt. 2-11-61 communicated in CCP Mis. 580/61 A1

dt. 16-11-61.

The discipline of the department is sufferin~ due to reinstatement of undesirable subor­

dinates who have been ousted, just because the instructions in the above G. O. are not being
followed, to the letter by the D.F.Os.

Copies of the above G.Os are once again communicated herewith for ready reference.

7. All the officers are therefore requested to follow the abo.ve instructions which are
clarified below once again.

1. When a temporary appointment is made it should be worded in Appendix to the

G.M. cited mentioning the following condition "subject to the condition that his
services are liable to be terminated any time without notice and without assigning
any reasons".

2. When discharged, the grounds of discharge should not be specified in the order
and care should be. taken to seethat Disc. proceedings themselves are not initiated

3. The order of discharge should be non-committal innocuous and merely direct the
reversion or discharge.

4. In case of probationers, they can be appointed on probation with a condition that

their services are liable to be terminated at any time before declaration with one
month's salary and the discharge also should be according to these conditions

8. Consequent on reinstate.nent of such Temporary employees the Government have to

allow pay and allowances, which is an extra expenditure on the ex-chequer of the State. In this
connection the attention of all officers is invited to the instructions in G. M. 2568/63-3 dt.
27-11-63 communicated in CC's Ref. 5433/63-A2 dated 16-12-1963, according to which the
loss accrued to Government due to failure to observe proper procedure and consequent

222

..._ -~-- -~-----------

reinstatement of Government servants, is liable to be recovred from the persons responsible.
It is therefore impresed, once again that the above instructions of Government should, be carefully
followed, while discharging the temporary Government servants.

The receipt of this circular should be acknowledged.

Copy of:-
C.C.P. Mis 240-60-A2.

Sub: Public Services - Discharge from service of a probationer or a

temporary Government servant - Instructions · Issued.
Ref: G.O.Ms. No. 848 General Ad. mn. Ser. A ) Depot. 11-6-1965.

Order
A question has arise n whether a probationer or a temporary Government servant may
be discharged from service without following the elaborate procedure prescribed in the classifi­
cation control and Appeal Rules. A probationer or a temporary Government servant may be
discharged from service inaccordance with the terms of his appointment. The cause for such
discharge may be misconduct, negligence, inefficiency of the employee but so long as such
cause are not mentioned as the ground for discharge in the order of discharge or termination of
probation and action is taken only in pursuance of the terms of the appointment, the provisions
of article 311 (2) of the Constitution or the Clasiffication control and Appeal Rules will not be
attracted. The grounds of discharge should not be specified in the order and care should also
be taken to see that disciplinary proceeding themselves are not initiated. In other words, the
order should be non-committal and innocuos and merely district the reversion or discharge
invoking the particular provision in the terms of appointment. The proforma appended to this
order may be adopted while making the appointment of persons on a temporary basis or on
probation and while discharging them.

2. The Government direct that all the appointing authorities should strictly follow the
proforma with regard to the appointment and dlscharue of !1 probationer or a temporary Govern­
ment servant.

(By order and in the name of the Governor of Andhra Pradesh)

J. JAYARAMA RAO
Deputy Secretary to Government.

223
Copy of:-
R. E. F. CCP Ms. 580·61-A1.
Sub :- Public Services-Discharge from services of a probationer or
a temporary Government servant -proforma appended to
G.O.Ms. 848 Genl. Admn. (Ser. A.) dt. I I •6•60-Modified.
Ref: 1. G.0.Ms. 848 G.A. (Ser A) dt. 11-6-1960 [2. G.O.Ms. (Ler. A.) Dept.
1204 G.A. ( Ser. D) dt. 26-9-1961. J

Ref: Govt. Memo. 4090/61-1 dt. 21-11-1961 Genl. Admri.

Consequent on the issue of the amendments to General Rules 26 (a) and 27 (c) in the
G. 0. second cited to the effect that whenever discharge of a probationer is made by reverting
him to his lower officiating or substantive post, the pay in lieu of one month's notice shall be
limited to the difference in pay between the officiating post and that of the lower officiating or
substantive post to which he is reverted. The proforma appened to the G. 0 first cited need
revision. They shall be as shown In the appendix to the memorandum. All the appointing
authorities should strictly follow these proforma in respect of appointment and discharge of a
probationer or a temporary Government servant, as the case may be.
' J. Jayarama Rao
Deputy Secretary to Department.

APPENDIX

1. In case of a temporary appointment, the appointment order should as fol lows ~

Sri is appointed to the post o·f temporarily subject to the condition that
his services are liable to be terminated at any time without notice, and without assingning any
reasons.

2. In case of probationers.

Sri .. ... .. is appointed on probation, subject to the condition that his services are
liable to be terminated at any time, before the declaration of his probation, under General Rule
26 (a) (ii) or general Rule 27 (c) with one month's notice or with one month's pay in lieu there
of. In case where the discharge of the probationer is made by reverting him to his lower
officiating or substantive post the pay in lieu of one month's notice shall be limited to the dife­
rence in pay between the officiating post and that of the lower officiating or substantive post
to which he is reverted.

3.
In case of discharge of a temporary Government servant, the order of discharge
should be as follows:

Sri .. . . . .• who was temporarily appointed in office order No...... dated ..•.••••• is
ousted from service with effect.. ....

4 In case of probationers.

224
 Sri. ........••• is hereby informed that his probation will be terminated after the expiry of
one month from the date of receipt of this order under General Rule 26 (a) (ii) or General
Rule 27 (c). Or

The probation of Sri '. is terminated with effect from ......•. under General Rule 26
(a) (ii) or General 27 (c). He will be paid one 'month's salary in lieu ot one month's notice.
In case where the discharge of the probationer is made by reverting him to his lower officiating
or substantive post, the pay in lieu of one month's notice shall be limited to the differerrce in
between the officiating post and that of the lower officiating or substantive post to which he is
reverted.

R~f. No. 18354/65-M.

Dated: 16-12-/965.
Circular No. 49/65.
Sub: Public Services-C. C. A. Rules-Giving reasonable opportunity
to the deliquent-further instructions.
Of late there have been cases where Subordinate Officer involved in serious discipli­
nary cases some how managed to go on leave and adopt dilatory tactics by channing leave
address without keeping the E. Q. informed with the result the Registered covers containing
memos fixing dates for regular enquiries, show cause notices etc., sent by post were received
back undelivered.

In all such cases as per instructions of Government communicated in their G. M.

No 2308/For. 11/65-2 dated, 26-6-65 the Divisional Forest Officers should make the best
efforts possible to trace the where abouts of charged officers and serve the memo of charges
and notices pertaining to enquiry on him.

If all such efforts prove futile the E. 0. or the punishing authority may record his satis­
faction in terms of clause (b) of provision to Art. 311 (2) of the Constitution that for some
reasons to be recorded by him in writing it is not reasonably practicable to hold the enquiry.
There upon the appointing authority may without complying with the requirements of
Article 311 (2) or sub-rule (2) of the Rule Andhra Pradesh Civil Service (C. C. A.) Rules impose
the appropriate penalty on the charged officers. These instructions should be followed
scrupulously.

N.B. : Art. 311 of the Constitutionis quoted below for ready reference.

311. (1) No person who is a member of a Civil Service of the Union or an all-India
Service or a Civil Service of a State or holds a Civil post under the Union or State shall be
dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank

until he has been given a reasonable opportunity of showing cause against the action proposed
to be taken in regard to him. I

Provided that the Clause shall not apply : -

225
 (a} where a person is dismissed or removed or reduced in rank on the ground of
conduct which has led to his conviction on a Criminal charge;

(b) where an authority empowered to remove a person or to reduce him in rank is

satisfied that for some reason, to be recorded by that authority in writing, it is not
reasonably practicable to give to that person an opportunity for showing cause; or

(c) where the President or Governor, as the case may be is satisfied that in the
interest of the security of the· State it is not expedient to give to that person such
opportunity.

3. · If any question arise whether it is reasonably practicable to give to any person an

opportunity of .Showing Cause under clause (9), the decision thereon of the authority empo­
wered to dismiss or remove such person or to reduce him in rank, as the case may be, shall
be final.
'
The receipt of this circular should be acknowledged.

I .

226