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Bombay Presidency - Section

Section 88 in The Bombay Forest Rules, 1942

88. Prohibiting conversion of timber within certain distance of forests.

(1)
(i)Within the limits of any reserved or protected forest (whether in charge of the Forests or Revenue Department) or of any land in respect of which a notification under section 4 declaring that it has been decided to constitute such land a reserved forest has been issued and within one mile of such limits, no person shall establish a sawpit for the cutting or converting of timber or manufacture charcoal without the previous sanction in writing of the Range Forest Officer; or
(ii)Within the limits of any reserved or protected forest, or of any land referred to in clause (i) and within [eighty kilometres] [Substituted for the words 'twenty miles' by G.N. dated 19.8.1981.] of such limits, no person shall erect or operate any machinery or saw-mill for cutting or converting of timber, without obtaining a licence in that behalf.
(2)Any person desiring to establish a saw-pit or to manufacture charcoal under clause (i), or to erect or operate any machinery or saw-mill under clause (ii) of sub-rule (1) shall make an application in that behalf to the Range Forest Officer and Divisional Forest Officer, respectively :Provided that where within a period of one month from the date of the application the applicant fails to receive the sanction under clause (i) of sub-rule (1), the applicant may proceed to establish the saw-pit or to manufacture charcoal, but not so as to contravene any of the provisions of the Act or any rules made thereunder.
(3)On receipt of an application under sub-rule (2) the Range Forest Officer, or as the case may be, the Divisional Forest Officer shall make such enquiry as. he deems fit and after satisfying himself on the question whether or not there would be any objection to granting the sanction or licence applied for having regard to safeguarding the timber in any reserved or protected forest or in any land referred to in sub-rule (1), may grant the sanction or licence in the form in Schedule EE subject to the conditions set out therein, or refuse to grant the sanction or licence ;[Provided that, where the State Government is satisfied, having regard to the facts and circumstances in any case or class of cases and the need for conservation of forests, that any additional conditions are required to be included in any licence or class of licences, the State Government may, by order, direct that such additional conditions as may be specified in the order shall be included in the licence or class of licences to be granted by the Divisional Forest Officer.] [Proviso added by G.N. dated 17.5.1985.]
(4)Every licence granted or renewal under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st day of December next following the date of its issue or renewal.[(4-a) Notwithstanding anything contained in sub-rule (4), in case the renewal fee is paid for ten years at a time under sub-rule (6A) then, every licence granted or renewed under this rule shall, subject to the provision contained in this rule regarding cancellation, be effective for a period not beyond the 31st December of the 10th year of following the date of its issue or renewal.] [Sub-rule (4-a) was added by G.N. dated 6.11.1998.]
(5)The Divisional Forests Officer, may on application made to him, renew the licence issued under sub-rule (3) with effect from the date of its expiry.
(6)An application for renewal of a licence shall be made before the expiry of the period of the licence; and failure to renew will render the licensee liable to punishment for operating the sawmill without a licence.
(6A)[ No licence to erect or operate any machinery or saw mill under clause (ii) of sub-rule (1), and no renewal of a licence issued under sub-rule (3), shall be granted, unless the applicant or the licensee, as the case may be, pays [the licence fee of Rs. 1000 and the [renewal fee of Rs. 750] [Sub-rule (6A) was inserted by G.N. dated 19.8.1981.] ] [Added by G.N. dated 10.5.1962.] per year per cutting or sawing machine installed in the sawmill. [The licensee, if desires, may be allowed to pay in advance, the aforesaid renewal fee for a period of ten years at a time.] [Added by G.N. dated 22.7.1997.][(6-B) Where it is shown to the satisfaction of the licensing authority that the original licence granted under sub-rule (3) has been lost, tom, defaced or mutilated in any other manner before the expiry of the period of such licence, a duplicate of the said licence shall be granted to the licensee on payment of a fee of [rupees seven hundred and fifty.] [Sub-rule (6B) was inserted by G.N. dated 22.1.1986.][(6-C) For the purposes mentioned below, the fees respectively mentioned against each of them shall be charged :
(1) For transfer of licence in the name of the legal heir orpurchaser. [Rs. 3000] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.
(2) For relocation of saw-mill. [Rs. 5000] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.
(3) For transfer of saw mill licence from one person to anotherincluding relocation of saw-mill from one place to other. [Rs. 7500] [Substituted for figures '1000' and '2000' respectively by G.N. dated 7.6.2001.]per licence.]
[Sub-rule (6C) was inserted by G.N. dated 14.7.1992.]
(7)Notwithstanding anything contained in the foregoing sub-rules, the Divisional Forests Officer may, where he has reason to believe that a licensee is operating the saw-mill in contravention of the provision of these rules and conditions of the licence or the licensee is indulging in activities prejudicial to the interests of forest conservancy, at any time, [suspend the licence for a period not exceeding three months or revoke, the licence granted under these rules, without prejudice to any other action which may be, or may have been, taken under the Act, or these rules for such contravention or activities.] [Substituted for the words 'revoke and licence granted under this rule' by G.N. dated 19.8.1981.]
(8)Where a Divisional Forest Officer refuses to issue, or [renew, or suspends, or] [Substituted for the owrds 'renew, or' by G.N. dated 19.8.1981.] revokes, a licence granted under this rule, he shall do so by an order communicated to the applicant or holder, as the case may be, giving reasons in writing [for such refusal, suspension] [Substituted for the words 'for such refusal' by G.N. dated 19.8.1981.] or revocation.
(9)[(i) Any person aggrieved by an order made under sub-rule (8), may within 30 days of the service on him of the order, appeal to the Conservator of Forests, who shall decide the appeal after giving such person and Divisional Forest Officer making the order, an opportunity of being heard.
(ii)Any person aggrieved by the appellate order of the Conservator of Forests may, within 30 days of the service on him of such order prefer a second appeal to the Chief Conservator of Forests, who shall decide the second appeal after giving such person an opportunity of being heard and the decision of the Chief Conservator of Forests shall be final.]
[Provided that * * *] [Proviso which was added by G.N. dated 8.7.1982 is later deleted by G.N. dated 6.10.1983.]
(10)[ Nothing contained in this rule, including any directions-issued by the State Government under sub-rule (11) of this rule, shall apply to the ordinary operation of domestic carpentry or to other similar work on a small scale.Explanation. - For the purposes of this rule, the expression "other similar works on a small scale" shall mean and include carpentry units which are not primary consumers of wood and which do not consume any fresh material for primary sawing but undertake only re-sawing operations of carpentry works for making small wooden articles such as toys, photo-frames, boxes, etc. taken up as vocation in the form of cottage industry or a small scale industry, using circular saw of diameter 12" or below, for the purpose of such carpentry works, but shall not include other small-scale units involved in saw mill operations taken up on commercial basis as a small scale industry.] [Substituted by G.N. No. SWM. 1093/CR-331/F-6, dated 3.11.2003.]
(11)[(a) The powers conferred by this rule on the Divisional Forest Officer of granting a licence for erecting or operating any machinery or saw mill for cutting or converting of timber, and of refusing, renewing and revoking such licence, shall be exercised by him under the [general control] [Sub-rule (11) was added by G.N. dated 16.7.1981.] of the State Government.
(b)Where the State Government is satisfied that for the conservation of trees and forest, or for carrying out any other purpose of the Act, it is necessary to issue directions to the Divisional Forest Officers, licensees and other persons concerned, for their guidance in matters of policy to be followed in public interest in regard to the issue, refusal, renewal, [Suspension or revocation of licences under this rule, generally or in any specified category of cases, the State Government may, from time to time, by notification in the Official Gazette, issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensees and other persons concerned.] [Inserted by G.N. dated 19.8.1981.]
(12)[(a) The powers conferred by this rule on the Range Forest Officer of granting or refusing sanction for manufacture of charcoal shall be exercises by him under the general control of the State Government.
(b)Where the State Government is satisfied that for conservation of trees and forest or for carrying out any other purpose of the Act, it is necessary to issue directions to the Range Forest Officer, sanction holders and other persons concerned for their guidance in matters of policy to be followed in public interest in regard to the issue or refusal of sanctions under this rule, generally or in any specified category of cases, the State Government may, from time to time, by notification in the Official Gazette issue the necessary directions. Such directions shall be binding on, and shall be complied with, by the licensing authorities, licensees and other persons concerned].
J. Exclusion of local areas from applicability of rules.