Section 3 in Kerala Forest (Regulation of Sawmills and Other Wood-based Industrial Units) Rules, 2012
3. Restriction on Establishment of Sawmill and other Wood Based Industrial Units.
(1)No person shall, after the date of commencement of these rules establish or operate a sawmill or any other wood based industrial unit without obtaining a licence from the Authorized Officer under these Rules,,(2)The Government may by notification authorise a Forest Officer not below the rank of Assistant Conservator of Forests having territorial jurisdiction over the area to be Authorised Officer for the purpose of these Rules.(3)Every person owning or running a sawmill or any other wood based industrial unit on or before 30th October, 2002 shall apply for a licence under these rules within a period of six months from the date of commencement of these rules.(4)The Authorized Officer may grant a licence under the provisions of these rules to a sawmill or wood based industrial unit which was functioning within a radial distance of five kilometers from the boundary of any forests owned by Government on or before 30th October, 2002 under the licence issued by a Local Self Government Institution subject to the conditions specified in rule S and rule 9.(5)No sawmill or other wood based industrial unit established after 30th October, 2002 except the sawmill or other wood based industrial unit owned by the Government or exclusively using rubber wood or the small scale furniture unit, shall be granted licence to function within a radial distance of five kilometres from the nearest boundry of any forests owned by Government and having an extent of and above forty hectares :Provided that the above restriction shall not apply to a sawmill or other wood based industrial unit which is functioning within a radial distance of five kilometres from the boundary of Reserved Forest areas which were transferred by Government for non-forest purposes and non revertible forest lands which have not been dis-reserved by a notification.(6)The sawmill or other wood based industrial unit which has been functioning on the date of commencement of these rules under the licence issued by a Local Self Government Institution may continue to function fill a decision is taken by the Authorised Officer on the application for licence under rule 7.(7)The Authorized Officer may, on receipt of an application for licence, grant a temporary licence subject to the general and special conditions stipulated under these rules and allow any sawmill or wood based industrial unit which was functioning as on 30th October, 2002 under the licence issued by a Local Self Government Institution to continue to function with the machinery and equipments available as on 30th October, 2002, till a final decision is taken on the application for licence.(8)The No Objection Certificate granted by the Central Empowered Committee or by the State Level Committee shall be deemed to be a licence granted tinder these rules till the expiry of the period of such No Objection Certificate.(9)In the event of refusal of licence by the Authorized Officer, the applicant shall forth with stop operation and wind up the sawmill or the wood based industrial unit with effect from the date of communication of the order, in writing, refusing to grant the licence.
