State of Rajasthan - Act
Rajasthan Forest Produce (Establishment & Regulation of Saw Mills) Rules, 1983
RAJASTHAN
India
India
Rajasthan Forest Produce (Establishment & Regulation of Saw Mills) Rules, 1983
Rule RAJASTHAN-FOREST-PRODUCE-ESTABLISHMENT-REGULATION-OF-SAW-MILLS-RULES-1983 of 1983
- Published on 16 July 1983
- Commenced on 16 July 1983
- [This is the version of this document from 16 July 1983.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these Rules, unless the context otherwise requires:3. Acts Prohibited.
- (i) No person or authority shall, after the commencement of these Rules, establish any new saw mill except under and in accordance with a permit granted under Rule 4.4. Grant of Permits.
- (i) Any person, firm or authority make an application to the Government or to an officer authorised by the Government in this regard for the grant of a permit for the establishment of a new timber saw mill and any owner of defunct timber saw -mill may make a like application for the grant of a permit in prescribed proforma for recommending timber saw milling operation in such mill.On the receipt of such an application Government or the officer authorised by the Government may grant the permit after making such enquiries in such manner as may be expedient in this behalf.[Provided that in case of wood handicraft sawmill, permit is not required.] [Added by ibid.]5. Licensing Officer.
- The Government by a separate notification shall appoint any Gazetted officer as licensing officer for the purpose of these rules and shall define the limits within which a licensing officer shall exercise the powers conferred on him by these rules.6. [ Fees and security deposit. - The following fee and security deposit shall be payable under these rules:-
| (i) Application fee for permit | Rs. 250/– |
| (ii) Application fee for license | Rs. 250/– |
| (iii) Fee for grant of Permit | Rs. 2500/– |
| (iv) Fee for grant of license | Rs. 2500/– |
| (v) Security deposit for grant of License | Rs. 5000/– |
7. Grant of Licence.
- (i) Any owner of an existing saw mill or of a saw mill in respect of which a permit granted under rule 4 is effective, shall make an application in a prescribed form to the licensing officer for grant of licence for carrying on sawing operations in that saw mill.7A. [ Grant of license for operating wood handicraft saw mill - (1) License for operating a wood handicraft saw mill shall be granted by the licensing officer, subject to the prior approval of a Committee constituted as follows for this purpose] [Added by Notification F. 10(17) Forests/82, G.S.R. 90, dated 4.2.2006 (Published in Rajasthan Gazette, Extraordinary, Part 4(Ga)(I), dated 8.2.2006).]:
(i)Additional Principal Chief Conservator of Forests (Dealing with Forest Conservation Act) Chairman.(ii)Representative of Ministry of Environment and Forests, Government of India, not below the rank of Assistant Inspector General of Forests Member.(iii)A representative of a wood handicraft association in the State, to be nominated by the State Government Member.(iv)Chief Conservator of Forest (Forest Conservation & Protection) Member Secretary.] [Substituted by Notification F. 10(13) Forests/2004, G. S.R. 83, dated 13.1.2010 (Published in Rajasthan Gazette, Extraordinary, Part 4(Ga)(I), dated 20.1.2010). (w.e.f. 20.1.2010).]8. Cancellation or Suspension of Licences.
- [.....] [Deleted by Notification No. F. 10(17) Rev. 8/82, G.S.R. 38, dated 17.5.1985 (Published in Rajasthan Gazette, Part 4Ga(I),dt. 29.8.1985, p. 173).] If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that:-9. Restrictions on the Customers.
- (i) The customers getting their timber sawn at the saw mill shall be bound to furnish to the saw mill owner a certificate mentioned in clause (iv) of rule 3 (regarding rightful ownership of the timber brought for sawing.10. Power of Inspection.
- For the purpose of ascertaining the position or examining the working of any saw mill or for any other purpose of these rules, Forest Officer [not below the rank of a Ranger] [Substituted & Added by Notidication No. F. 10(17) Rev. 8/82, G.S.R. 38, dated 17.5.1985 (Published in Rajasthan Gazette, Part 4Ga(I), dated 29.8.1985, p. 173).] or the Licensing Officer in this behalf shall have the right:-11. [ Records by owner of saw mill or wood handicraft saw mill. - (1) The owner of a saw mill shall maintain records in schedules A and B appended to these rules.
11A. [ Monitoring Committee. - There shall be a Monitoring Committee consisting of the following to monitor the Saw Mills in a District:-
| (i) District Collector | Chairman |
| (ii) Zila Pramukh/Chairman, Municipal Council/Chairman,Municipality | Member |
| (iii) Superintendent of Police/Addl. Superintendent of Police | Member |
| (iv) S.E./Ex.En., R.R.V.P.N. Ltd. | Member |
| (v) District Industries Officer | Member |
| (vi) Sr. Inspector of Factories and Boilers. | Member |
| (vii) Dy. Conservator of Forests | Member Secretary |
12. Appeal.
- (i) Any person aggrieved by a decision of a Licensing Officer under Rule 4 or Rule 7 [or under rule 7A] [Added by ibid.] may within thirty days from the date on which the decision is communicated to him prefer any appeal to the next higher officer:Provided that the appellate officer may entertain the appeal after the expiry of said period of thirty days. If he is ratified that the appellant had cause for not filing the appeal in time.13. Penalties.
- (i) Where the nature of offence does not warrant cancellation or suspension of licence or if the offence has been committed under Rule, 3 Licensing Officers may (a) forfeit the unaccounted timber (b) and or impose a penalty [upto Rs.500/ for the first default, upto Rs.1000/- for the second default and upto Rs.2000/ for each subsequent default] [Substituted by Notification No. F. 10(17) Rev. 8/82, G.S.R. 38, dated 17.5.1985 (Published in Rajasthan Gazette, Part 4Ga(I), dated 29.8.1985)]14. Offences by Companies.
- (i) If the person committing an offence under these rules is a Company, every person who at the time of offence was incharge of, and was responsible to the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.15. Burden of Proof.
- Where the timber is recovered from the premises of a saw mill, it shall be presumed, that the timber belongs to the owner unless the contrary is proved by him.16. Delegation of Powers.
- The State Government may by notification, direct that any power exercisable by it under these rules shall in relation to such matters and subject to such conditions, any, as may be specified in the notification be exercisable also by such Forest Officer, of the State Government as may be specified in the direction.17. Protection of action taken under the Rules.
- (i) No suit, prosecution or others legal proceeding shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of these rules or order made thereunder.18. Application of other Laws not Barred.
- The provisions of these rules shall be in addition to and not in derogation of, any Act for the time being in force.19. Rules not to apply to saw Mills owned by Government.
- The provisions of these Rules shall not apply to any saw mill owned by Government.[Form I] [Substituted by Notification F. 10(13) Forests/2004, G.S.R. 83, dated 13.1.2010 (Published in Rajasthan Gazette, Extraordinary, Part 4(Ga)(I), dated 20.1.2010). (w.e.f. 20.1.2010).][See Rule 4 & 7]Application for Grant of Permit/Licence| Affix signed passport size photo of theapplicant |
1. Plan of the saw mill.
2. Details of machinery.
| S. No. | Name | Make | Remarks |
3. Area from which the timber shall be procured for conversion/cutting operations.
...................................................(Name of villages, towns, cities, etc.)4. Capacity of the Saw Mill .......................................
5. Application fee has been deposited in the Divisional Office ..................... vide receipt No .............. dated ..................... a copy of which is attached herewith.
The permit/licence may kindly be issued after completion of due formalities at your end.Signature of the applicant[Form II] [Substituted by Notification F. 10(13) Forests/2004, G.S.R. 83, dated 13.1.2010 (Published in Rajasthan Gazette, Extraordinary, Part 4(Ga)(I), dated 20.1.2010). (w.e.f. 20.1.2010).](See rule 4 & 7)Permit/License to erect/establish, sawing attested by machinery/saw mill and operateRegistration No. ...............| Affix signed passport size photo of theapplicant |
1. This license shall be valid for 5 years with effect from the date of issue and may be renewed subsequently as prescribed in these rules.
2. The Permit/License holder shall not alter the location of the saw mill without obtaining the prior written permission of the licensing officer.
3. The Permit/License holder shall maintain such register and submit such periodical returns as may be directed by the licensing officer and local Forest Officer within whose jurisdiction the saw mill is located.
4. The Permit/License holder shall be liable to see that :
1. The details of the wood handicraft saw mill are as below.-
a. Site Plan (enclosed).b. Details of machinery as prescribed below (enclosed):-| S. No. | Name/Make with capacity | Type | Size of saw in cm | Remarks |