J DEPARTMENT OF FORESTS &WILDLIFE CHANDIGARH ADMINISTRATION NOTIFICATION The ~ ~ December, 2017 CJ~ ~o lf No.~ - In exercise of ihe powers conferred by Sections 41, 42, 51 and 76 of the Indian Forest Act, 1927 (Central Act NO.1 6 of 1927) and all other powers enabling him in this behalf, the Administrator of UT Chandigarh is,pleased to make the following rules for regulating the operation of Saw Mills, Veneer and Plywood Industries in the Union Territory of Chandigarh , namely:- RULES
1.. Short title and commencement.
(1) These rules may be called the "Chandigarh Regulation of Saw Mills: Veneer and Plywood Industries Rules, 2017",
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. Definitions
(1) In these rules, unless the context otherwise requires -
(a) "Act" means the Indian Forest Act, 1927 (Central Act NO.16 of 1927);
(b) "Deputy Conservator of Forests" means Deputy Conservator of Forests in the Union Territory of Chandigarh;
(c) "Form" means the Form appended to these rules;
(d) "Licence" means the licence issued under these rules;
(e) "Chief Conservator of Forests" means Chief Conservator of Forests, UT Chandigarh; .
(f) "Saw Mills, Veneer and Plywood Industries" shall include timbe r depots, saw mills, veneer, plywood including units without any facility for veneer production, particle board, MOF, »: block board, paper pulp, rayon and any other unit of cutting or converting timber for manufacturing wood based-products;
(g) "Section" means section of the Act: ....... ,... ... ....... J 2
3. Restriction on establishment of Saw Mills, Veneer and Plywood Industries No person shall establish, expand installed capacity or operate any Saw Mills. Ve neer, Plywood Industries including the existing unit, unless a licence is obtained by him in accordance with these rules, ·4 . Applic at ion fo r grant of licenc e Any-person, seeking a licence under these rules, shall make an application to the Deputy Conservator of Forests, UT Chandigarh in Form-I (enclosed herewi th).
5. Grant of licence On receipt of an application under Rule 4, the Deputy Conservator of Forests, shall make such inquiry, as he deems fit and after satisfying himself that such application is in accordance with the guidelines issued by the UT Govern ment from time to time , may grant licence in the Form II (enclosed herewith), for a period of 1 year or may refuse to grant the licence for the reasons, to be recorded in writing and inform the applicant, accordingly.
6 . Fee for grant of licence The person seeking licence shall pay such fee, as may be specified by the UT Administration from time to time, by notification in the Official Gazette.
7. Renewal of licence
1. Any person who has been granted licence under rules, may apply for renewal of the licence in Form I within a period of six months before the expiry of the period for which licence was granted to him alongwith such fee, as may be specified by the UT Administration from time to time, by notification in the Official Gazette.
2. On receipt of an application under sub-rule (1), the Deputy Conservator of Forests, after satisfyinq hlrnself that such application is in accordance with the guidelines issued by the UT Administration from time to time , shall renew the licence within a period of thirty day for the period, for which it was originally nr::l nt~~ • 3
8. Maintenance of record.
(1) Every licensee shall maintain proper record of the receipt and disposal of timber in Form III (enclosed herewith).
(2) The licensee shall produce the record for scrutiny and checking of the limber, whenever it is required by the Deputy Conservator of Forests or any other officer authorized by him.
9. < Power to search the premises The Deputy Conservator of Forests or any other officer authorized by him, may at any time, enter the premises of licensed saw mills, veneer, plywood industria l unit with a view to ascertain the genuineness of the licence or to check the timber.
10. Revocation of licence Notwithstapding anything contained in these rules, the Deputy Conservator of Forests, where he has reasons to believe that the licen see is operating the Saw Mills, Ve nee r. Plywood Industry in contravention of the provisions of these rules or conditions of the licence or the licensee is indulging in activities prejudicial to the interest of forest conservancy, may after giving tha licensee an opportunity of being heard, cancel, suspend or revoke the licence granted under these rules.
11. Appeal against the refusa l or renewal to grant licence or revocation of licence
(1) Any person, who has been refused to grant licence under Rule 5 or renew licence under Rule 7 or whose licence has been revoked under Rule 10, may within a period of thirty days from the date of the receipt of information of such refusal or revocation, as the case may be, may appeal to the Chief Conservator of Forests against such refusal.
(2) On receipt of the appeal filed under sub-rule (1), the- Chief Conservator of Forests shall decide the same after giving the person concerned an opportunity of being heard.
(3) The decision of the Chief Conservator of Forests on such appeal shall be final. 4 Anurag Aggarwal, lAS Secretary (Forests & Wildlife) Chandigarh Administration
13. Saving Nothing contained in these rules shall apoly to the ordinary operations of domestic carpentry, furniture making units, wooden toy and handicraft making units, charcoal making units and firewood depots, which do not use or have the facility for sawing , conve rting, cutting and processing round timber. (, (~~ ) . \1< Chandigarh , dated the ;{\"" 0151 December , 2017 A copy IS forwarded to Controller, Printing and Stationary, UT Chandigarh, for publishing this notification in the Chandigarh Administration Gazette (Extra- ordinary) and supplying 50 copies the reof for office use and record. Endst.No. Endst.No. Dated: - Yi - Special Secretary (Forests) Chandigarh Administration Dated: A copy is forwarded to:-
1. All HoDs of UT Chandigarh Administration.
2 . The Labour Commissioner, UT Chandigarh.
3. The Director Environment, De partme nt of Environment, UT Chand igarh.
4. The Director Industries, UT Chandigarh.
5. The Member Secretary, Chan digarh Pollution Control Com mittee, UT Chandigarh. 6 Master File. -.~cl- Special Secretary (Forests) Chandigarh Administration Endst.No. (YfJ.! f1/:JJ ( l( Dated: Y/, !Jeff] A copy is forwarded to:-
1. PS to Administrator, UT Chandigarh, for kind information of Worthy Administrator.
2. PS to A A for kind information of Worthy A.A. ~ PA to Secy, (Forests) for information of Worthy Secretary (For sts). I' I / Special Se ry (Forests) Chandigarh Administra,W:. FORl\I-I (See rule 4) To The Deputy Conservator of Forests, Photograph of applicant Sub : Ap plica t ion 10 establish I renew expand I ope r ate th e insta lled capacity of 5:1\\' Mill s, Veneer and Plywood industries. J I.
2.
3. Name of the App licant Father' s Nam e Addre ss
4. Locat ion and add ress of place where the industry is to be establi shed I expanded! rene wal o pera te .
5. T itle and kind of industry (Saw Mills I Plywood I Veneer I other)
6. Whether Machinery and power etc. requi red for the industry to establish! renew/ expand! operate is available (Yes or No)
7.
8.
9.
10. If yes, Power Connection Number Sales Tax Number/ GST No. Proposed instal led capacity of the industry
(i) Species to be used
(ii) Quant ity of timber to be used (te nnes): .
(iii) Sou rce of timer . I I. No objection certificate of the District Magistrate : (Number and date)
12. Othe r detai ls. if any , , , ." , . , " , Place: _ FORM-II (See rule 5) Photograph of applicant Licence to establish / renew/expand or ope ra te S~lW Mills/Vene er/Plywood indu st ry. is hereby granted/renewed to Shri/Mzs _ resident of_~~-~-~~~,__-~---~~ Licence 5/0,, _ (hereinafter called "licensee") to establish renew/expand/operate Saw Mills/Veneer/Plywood Industry located at full address ______ _______ ___ _ _ for the following machinery> • Detail of M ae hinerv
5.No. Category of Machinery Size Number (in word) Subject to the prov isions contained in the Indian Forest Act, 1927 (16 of 1927), as amended from time to time and the rules made thereunder and on the following condi tions, namely :-
1. The licensee shalilrenew/expandloperate the Saw Mills/Veneer/Plywood industry (full address), _
2. The licensee shall not alter the locat ion of the Saw Mills, Veneer, Plywood industry without obtain ing prior permissio n in writing of the Deputy Conservator of Forests concerned.
3. The licensee shall ensure that - a) The site of the saw mill including the depot/yard for storage of round timber, sawn timber and waste wood is properly fenced/boundary wall erected with proper gate s: b) All the round timber, sawn timber and wood waste is properly stacked according to the instructions that may be issued from time to time by the Deputy Conservator of Forests.
4. TIle licen see shall not install/operate any machine for which the license is not issued. If the licensee is found to have installed/operate any machine for which license is not issued , the license issued to the unit shall be deemed to have been withdrawn, FO RM - 1lI (See rule 8) Record of Receipt and Disposal of Timber
(i) Record of receipt of tim ber :
(a) Date of receipt
(b) The place from which received
(c) Name and full address of the person from whom received
(d) Species of timber
(e) Number of logs or pieces. size and volume (in cu.m.) or weight (in tonnes)
(f) Remarks
(ii) Record of disposal of tirnber/rnunufactured goods :
(a) Date of sale
(b) Date ofremoval of timber/manufactured goods from depot
(e) Name and full address of person to whom sold or handed over
(d) Species of timber
(e) Product(s)
(f) Number/ size and volume (in cu.m.) or weight (in tonnes), as the case may be
(g) Remarks