Section 5 in Tamil Nadu Sandalwood Trees Patta Land Rules, 2008
5. Extraction and processing of sandalwood tree.
- (1) Enumeration. - The District Forest Officer shall, before granting permission under sub-rule (2) of this rule, require the Forest Ranger having jurisdiction over the area in which the sandalwood trees are grown to inspect all the sandalwood trees which are proposed to be sold and to mark such trees for extraction and make a report in writing to the District Forest Officer in Form-II. The District Forest Officer (or) the Assistant Conservator of Forests shall check at least 10% of the sandalwood trees (i.e., one in every ten trees) and record their report in writing.(2)Extraction. - (a) The District Forest Officer shall verify the condition of the sandalwood trees proposed to be sold and the documents furnished by the owner of the sandalwood tree along with the report of the Forest Ranger and shall grant permission to sell those sandalwood trees to the Government and to extract the same subject to such conditions as he may think fit and in accordance with the provisions of the rules and communicate a copy of such order to the owner of sandalwood tree and the concerned Forest Ranger. The District Forest Officer may also refuse to grant such permission, after recording the reason therefore.(b)The District Forest Officer shall before granting permission for extraction obtain necessary permission from the concerned District Committee, if the area in which the sandalwood trees are grown is notified either under the Tamil Nadu Preservation of Private Forests Act,1949 (Tamil Nadu Act of 1949) or the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 (Tamil Nadu Act of 1955).(3)Hammer Marking. - The District Forest Officer shall direct the Forest Ranger to extract the sandalwood trees, hammer mark them and transport the extracted trees to the nearest "Final Cleaning Depot" under proper permit. The extraction of trees and recording their measurement in the column 1,2 and 3 in Form-III shall be done in the presence of the owner of sandalwood tree or his authorized agent and the signature of the person referred to above shall be obtained. The other details in Form-III shall be maintained by the concerned Depot Ranger.(4)Final Cleaning and Assessment of work. - After processing the final cleaning of the extracted sandalwood trees in the "Final Cleaning Depot", the final cleaning records will be made available to the owner of the sandalwood tree or his authorized agent on demand. The particulars regarding the weight of the "Final cleaned wood" shall be recorded in Form-IV. The quantity of final cleaned wood including sapwood and their value calculated based on the average sale price of previous sale of the concerned "Final Cleaning Depot" shall be intimated by the District Forest Officer of that "Final Cleaning Depot", to the District Forest Officer of the concerned division from whose jurisdiction the sandalwood trees were extracted.Explanation. - "Final Clean Wood" means the wood as sorted and classified in rule-29 of the Rules regarding Selection, Felling, Cleaning, Classification and disposal of sandalwood and method of maintaining depot accounts and other register.(5)Save as otherwise provided in these Rules, Felling, Cleaning, Classification and disposal of Sandalwood and the method of maintaining depot accounts and other registers shall be carried out as provided in the Rules regarding, Selection, Felling, Cleaning, Classification, Disposal of Sandalwood and method of maintaining depot accounts and other registers.(6)Fixation of price. - The District Forest Officer shall calculate and fix the sale price of the final cleaned wood based on the average sale price of previous sale of Sandalwood conducted in that "Final Cleaning Depot" and if there is no sale for that particular class of Sandalwood the fair or base price approved by the Government for the sale may be taken into consideration. 10% of such sale price shall be deducted from the total sale price of the Sandalwood for charges towards extraction, transport and final cleaning and another 10% for administrative charges. The 80% of the sale price shall be the "net sale price" and that will be paid to the owner of the Sandalwood tree. The owner of the Sandalwood trees shall be paid 20% of the "net sale price" within 30 days of the extraction and the balance shall be paid within 90 days.(7)Appeal. - If the owner of the Sandalwood tree is aggrieved by an order of the District Forest Officer in fixing the price of the sandalwood under rule 6, may within 30 days from the date of receipt of such order, prefer an appeal in writing to the Conservator of Forests concerned. The Conservator of Forests shall, after giving the appellant an opportunity of being heard, pass such order thereon as he may think fit. The orders of the Conservator of Forests shall be final.AppendixForm-IApplication[See Rule 3 (1)]
