346 APPENDIX – XVI HARYANA GOVERNMENT FOREST DEPARTMENT Notification The 31 st October, 2005 No. S.O. 84/C.A. 16/1927/Ss 41,42,51 and 76/2005. In exercise of the powers conferred by Sub-section (1) read with sub section (2) of section 41, 42, 51 and 76 of the Indian Forest Act, 1927 (16 of 1927), the Governor of Haryana hereby makes the following rules for the regulation of wood-based industries in the State of Haryana, namely :-
1. (I) These rules may be called the Haryana Forest Regulation of Wood based Industries Rules, 2005 Short title application and Commencement (II) They shall be applicable to the whole of the State Haryana.
(III) They shall came into force from the date of publication of this notification in the Official Gazette.
2. (a) "Act" means the India Forest Act, 1927 (16 of 1927)
(b) "Divisional Forest Officer" means Divisional Forest Officer (Territorial) in the district ;
(c) "Form" means form appended to these rules;
(d) "License" means the license issued under these rules;
(e) "State of Government" means the Government of the State of Haryana
(f) "Section" means section of the Act,
(g) "Wood-based industry" shall include timber depots, saw mill and any unit for cutting or converting timber for manufacturing plywood, veneer, board paper pulp, rayon and any other such products;
(h) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Indian Forest Act, 1927 (16 of 1927)
3. No person shall establish, expand installed capacity or operate any wood-based industry including the existing unit unless an license is obtained renewed in accordance with these rules Restriction on establishment of wood-based Industries Section 41 (2) (e) and (h)
4. Any person seeking a license under rule 3 shall make an application to the Divisional Forest Office in form I.
Application for obtaining license section 41(2) (b)
(e) and (h) 347 Grant of License Section 41(2) (b)
(e) and (h)
5. On receipt an application under rule 4, the Divisional Forest Officer, shall make such inquiry as he deems fit and after satisfying himself subject to the guidelines issued by the State Government from time to time may grant the License in the form II for a period of ten years initially or refuse to grant the license for the reason given in writing to the applicant.
Fee for grant of License Section 41(2) (e)
6. The person seeking a license shall pay such license fee as may be notified by the State Government from time to time.
Renewal of License Section 41 (2) (b) (e) and
(h)
7. The license shall apply for renewal of license in form I within a period of six month before the expiry of his existing license by paying a renewal fee as my be notified by the State Government from time to time.
Authority to enter in premises section 41(2)
8. The license shall be required to maintain the record of receipt and disposal of timber as prescribed by the Principal Chief Conservator of Forests from time to time. The license shall produce the above record for scrutiny and checking of Timber when called upon to do so by the Divisional Forest Officer. The Divisional Forest Officer, may at any time enter the premises of licensed wood based industrial unit for this purpose.
Revocation of license section 41
(2) (b)
9. Notwithstanding anything contained in the forgoing rules, the Divisional Forest Officer, where he has reasons to believe that a license is operating the Wood-based industry in contravention of the provisions of these rules and/or conditions of the license or the license is indulging in activities prejudicial to being heard, may suspend or revoke the license granted under this rule.
Appeal against order of refusal or revocation of License section 41(2)
10. Any person aggrieved by the order made by the Divisional Forest Officer, under rule 5 of rule 9, within a period of thirty days of the service on him of the order, appeal to the Principal Chief Conservator of Forest, who shall decide the appeal giving such person an opportunity of being heard. The decision of the Principal Chief Conservator of Forest shall be final.
Saving 11. Nothing contained in these rules shall apply 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 and have the facility or sawing, converting, cutting and processing round timber.