Law:

Section:

  North-West Frontier Province Management of Protected Forest Rules, 1975--- -----. 19---Forest Act (XVI of 1927), Ss. 41 & 76---Constitution of Pakistan (1973), Arts. 97 & 199---Entitlement to 60 per cent. royalty from sale proceeds of forests exploited by Government or on behalf of Government by any other person, agency or corporation---Local right-holders of specified area claiming such royalty---Federal Government's directive for payment of royalty-- Validity---Forests are residuary subjects out of the ambit of Federal Legislative List and Concurrent Legislative List of the Constitution---Directive of Federal Government (for payment of royalty in question) dated 14-3-1977, was thus, not within the meaning of Art. 97 of the Constitution-t-Notification dated 14-3-1977 being in conflict with Forest Act or the Rules, could not be acted upon: Forest Act (XVI of 1927)--- ----Ss. 41 & 76---North-West Frontier Province Management of Protected Forest Rules, 1975, R. 19---Constitution of Pakistan (1973), .Art 194---Forests it Provincially Administered Tribal Areas being State property; are controlled b yR; 19, North-West Frontier Province Management of Protected Forest Rules, 1975---Payment of royalty to right-holders by Government---Entitlement of local right-holders. Forests in Provincially Administered Tribal Areas are the State property. The commercial exploitation of the forests in PATA are controlled by Rule 19 of the N.-W.F.P. Management of Protected Forest Rules, 1975. The local inhabitants, where the forests are situate, are to be paid the concessions according to order published in the 'aforementioned Notification dated 15-9-1972. Concession can be paid to the local inhabitants besides 15 % of the sale proceeds on "Quomi Contracts". The "royalty" is paid only to the owners of property usually mines etc. which are exploited by Government or any other agency. Since the forests are the State property, there is no provision of payment of royalty to any person including the so-called local right-holders and it would be a concession to be paid to the local inhabitants who are to be termed as local right-holders. This…