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State of Uttar Pradesh - Section
Section 11 in The U.P. Wood Based Industries (Establishment and Regulation) Rules, 1978
11. Constitution of the State Level Committee.
| a. | Principal Chief Conservator of Forests/Head ofForest Department. | Chairperson |
| b. | A representative of the Regional Office of theMinistry of Environment, Forest and Climate Change. | Member |
| c. | A representative of the State Forest Departmentnot below the rank of a Conservator of Forests dealing withpreparation of Working Plans/Working Schemes Member. | Member |
| d. | Director/Additional Director of Department ofIndustries. | Member |
| e. | Representative of the Forest DevelopmentCorporation. | Member |
| f. | An officer not below the rank of Conservator ofForests working in the Forest Head Quarters. | Member Secretary |
| 2. Definitions.- In these Rules, unless the context otherwise requires,-(a) ['Saw-mills'means and includes any mechanical devices whether operating with electric power, fuel-power or man-power for the purpose of cutting, sawing or converting timber and wood into pieces or the like acts, but shall not include such mechanical devices whose engine power is up to 3 H.P.] [Substituted by Notification No. 4219/XIV-2-98-405 (209)-96-TC, II, dated 26.6.1998.];(b)'One unit of saw-mill'shall be taken as equivalent to 25 H.P. engine or any part thereof. (Thus a saw-mill using 65 H.P. engines will be deemed as equivalent to 3 units.)Chapter II Regulation and Establishment of Saw-Mills3. [ Licence for Restriction on Establishment of Saw-Mills. [Substituted by Notification No. 1117/XIV-3-32-73, dated 6th June, 1990, published in U.P. Gazette (Extraordinary), Part 4, Section (Kha), dated 20th June, 1990, w.e.f. 1-11-1990.]- No person shall establish, erect or operate any saw-mill or machinery for converting or cutting timber and wood without obtaining a licence from the Divisional Forest Officer concerned.]3A. Restriction on establishment of saw-mills.- With the limits of any reserved or protected forests and within a radius of 80 kilometres of such limits no person shall establish, erect or operate any existing saw-mill or machinery for converting or cutting timber and wood without obtaining a licence from the Divisional Forest Officer concerned.4. Application for obtaining licence.- Any person desiring to establish, erect or operate any existing saw-mill shall make an application in that behalf to the Divisional Forest Officer concerned for obtaining a licence in the form given in the Schedule I appended to these Rules.5. [ Grant of licence. [Substituted by Notification No. 4219/XIV-2-98-405 (209)-96-TC II, dated 26.6.1998.]- On receipt of an application under Rule 4, the Divisional Forest Officer shall acknowledge the same and thereafter shall make such enquiries as he may deem fit and after satisfying himself with regard to following factors, grant the licence in the form given in Schedule II appended to these Rules-(i) that the required quantity of timber through legitimate means would be available at the proposed venue of the saw-mill without causing any damage to the tree-growth in the forests under the control of the Government and the adjacent rural areas;(ii) that the applicant has acquired or is in a position to acquire necessary area for erecting and running a saw-mill in accordance with the conditions specified in the licence;(iii) that the necessary machinery, power etc., is available or is likely to be available to the applicant;(iv) that the applicant has obtained a "No Objection Certificate" from the District Magistrate concerned for erecting and running the saw-mill;In case the Divisional Forest Officer is not satisfied he may reject the application within sixty days of its receipt :Provided that in case the said application is not disposed of within sixty days from the date of receipt of the application by the Divisional Forest Officer, the licence shall be deemed to have been granted to the applicant under this rule on the terms and conditions as laid down in Schedule II appended to these rules with effect from the expiry of the said sixty days and in that event the acknowledgement shall be adequate proof of the licence :Provided further that the aforesaid proviso shall not apply to saw mills situated within ten kilometre area of any existing forest.Explanation.- In this rule existing forest shall not include trees situated on either side of the roads and the railway tracks.]6. [ Period of validity of licence. [Substituted by Notification No. 4219/XIV-2-98-405 (209)-96-TC II, dated 26.6.1998.]- Every licence granted under Rule 5 or renewed under Rule 7 shall remain valid for such period not exceeding three years from the date of issue or renewal as may be specified in the licence :Provided that, in case of a licence referred to in the proviso to Rule 5 or Rule 7 the period of validity shall be three years.]7. [ Renewal of licences. [Substituted by Notification No. 4219/XIV-2-98-405 (209)-96-TC II, dated 26.6.1998.]- On an application made to the Divisional Forest Officer concerned for renewal of the licence granted under Rule 5, he may renew the same indicating thereon the period for which it has been renewed. The renewal application for licence shall be disposed of within sixty days of its receipt :Provided that in case the said application is not disposed of within sixty days, from the date of receipt of the application by the Divisional Forest Officer, the licence shall be deemed to have been renewed for a period of three years : Provided further that the aforesaid proviso shall not apply to saw mills situated within ten kilometres area of any existing forest.Explanation.- In this rule existing forest shall not include trees situated on either side of the roads and the railway tracks.Failure to get the licence renewed before the expiry of date will make the licensee liable to punishment in accordance with Section 77 of the Indian Forest Act, 1927 for operating the saw-mill without licence.]8. Revocation of the licence.- Notwithstanding anything contained in the foregoing rules, the Divisional Forest Officer concerned may, where he has reason to believe that a licensee is operating the saw-mill in contravention of the provisions of these Rules or conditions of licence or the licensee is indulging in activities prejudicial to the interests of forest conservancy, at any time, after giving the Divisional Forest Officer and/or appellant, an opportunity of being heard, revoke the licence granted under Rule 5 or renewed under Rule 7.9. Procedure on refusal, non-renewal or revocation of licence.- Where the concerned Divisional Forest Officer refuses to issue or renew the licence, he shall send intimation thereof to the applicant or the holder of the licence, as the case may be, giving reasons therefor.10. Appeal against refusal to issue or renew or revoke licences.- Any person aggrieved by an order of Divisional Forest Officer under Rule 9 may, within 30 days of the service of the order on him, appeal to the concerned Conservator of Forest. The Conservator of Forest thereupon, shall decide the appeal after giving the Divisional Forest Officer and/or appellant, an opportunity of being heard. The decision of the Conservator of Forest on such appeal shall be final.11. [ Fees for grant and renewal of licence. [Substituted by Notification No. 1117/XIV-3-32-73, dated 6th June, 1990, published in the U.P. Gazette (Extraordinary), Part 4, Sec (Kha), dated 20th June, 1990, w.e.f.1-11-1990.]- An annual fee of rupees one thousand per unit of saw-mill for grant or renewal of licences shall be payable by the applicants/licensee which will be credited to the revenue of Forest Department through a treasury challan under the receipt head "113-VAN".] |