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State of Madhya Pradesh - Section

Section 3 in The M.P. Kashtha Chiran (Viniyaman) Niyam, 1984

3. Application for licence.

(1)To obtain licence to establish a saw mill [x x x] [Word 'saw pit' omitted by Notification No. F- 30-8-2000-X-3, dated 22-9-2005.] or to operate a saw mill [x x x] [Word 'saw pit' omitted by Notification No. F-30-8-2000-X- 3, dated 22-9-2005.] in existence on the appointed day (under Section 4) the person shall make an application to the licensing officer.
(2)The application for establishing a saw mill [x x x] [Word 'saw pit' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] shall be in Form A and the application for operating a saw mill [x x x] [Word 'saw pit' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] in existence on the appointed day, shall be in Form `B'. Such application form may be had from the officer of the licensing officer concerned or from any other licensing officer.
(3)An unrefundable fee of [one thousand five hundred [x x x] [Substituted by Notification No. F-30-24-91-X-3, dated 29-3-1993.]] shall be paid for each application for grant of licence for saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] respectively. The amount shall be payable to the account of this forest division in which the saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] is already operating or is proposed to be established, in accordance with the rules prescribed for acceptance of money by the Forest Department. A separate application shall be required for each saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.].
(4)
(i)The application for licence for saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] complete in all respects including the prescribed application fee shall be submitted to the licensing officer.
(ii)No person shall be allowed to apply on behalf of another person or a company unless he encloses a copy, with application and produces the original before the licensing officer, of the power of attorney executed by the person or company empowering him to act on his or their behalf or the certificate of registration of the company of which he claim to be partner.
(iii)A Co-operative Society may submit the application enclosing a duly certified copy of the resolution passed in this respect :
Provided that such certified copy of the resolution shall not be required in case of Government owned Corporation.
(5)Every such application shall be accompanied by a Treasury Challan showing a cash deposit of Rupees one thousand under the head "Revenue Deposit in the name of the post held by the licensing officer concerned as advance security deposit, for saw mill challan for making revenue deposit may be obtained from office of any licensing officer.
(6)The licensing officer while refusing to grant the licence shall apart from any other consideration which in his opinion justifies his action of refusing to grant the Licence; consider the following
(i)Whether the site of the saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] is within such limits from nearest Government forests as is prescribed by the State Government.
(ii)Whether availability of wood in the area for purpose of sawing is already not enough warranting establishment of a new saw mill or a [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.].
(iii)Whether establishment of saw mill or [x x x] [Word 'saw pit' or 'saw pits' omitted by Notification No. F-30-8-2000-X-3, dated 22-9-2005.] has already led to or will lead to illicit fellings of trees and be against the protectiomand conservation of forest and environment.
(iv)Whether the person or company applying for the licence has been found guilty of forest offence of grave nature.