Tamil Nadu Sandalwood Possession Rules, 1970 Published vide Notification No. G. O. Ms. No. 1331, Agriculture, dated 30th April 1970 - S.R.O. No. A-G 29 of 1970 tn484 PREAMBLE Section CONTENTS 1 Short title and extent 2 Definition 3 Form and manner in which application for licence may be made 4 Terms, conditions and fee for the grant of licence 5 Grant of duplicate licences and the renewal of licences and fee for the same 6 Power to cancel or suspend licence 7 Appeal G. O. Ms. No. 1331, Agriculture, dated 30th April
1970. - In exercise of the powers conferred by sections 35,36, 36-A, 36-B and 36-D of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882), the Governor of Tamil Nadu hereby makes the following rules:-
(i) These rules may be called the Tamil Nadu Sandalwood Possession Rules, 1970.
(ii) They extend to the whole of the State of Tamil Nadu.
Short title and extent In these rules, unless the context otherwise requires,-
(a) "Act" means the Tamil Nadu Forest Act, 1882; Tamil Nadu Act V of 1882);
(b) "Dealer" means any person, who carries on the business in sandalwood of buying, selling, supplying or distributing sandalwood directly and includes-
(i) a local authority or company which carries on the business in sandalwood;
(ii) an auctioneer or his accredited agent, by whatever name called, who carries on the business in sandalwood of buying, selling, supplying or distributing sandalwood on behalf of any principal, and Definition
(iii) every local branch of a firm or company situated outside the State;
(c) "District Forest Officer" means the District Forest Officer having jurisdiction over the area;
(d) "Form" means the form set out in the Schedule to these rules;
(e) "Licence" means a licence issued under these rules;
(f) "Sandalwood" includes sandalwood roots, sandalwood dust and sandalwood chips;
1[(f) For illegal possession of sandal wood vehicle was seized and confiscated. Notice was sent to original owner, but he refused Confiscation order was challenged on the ground that no notice was sent to financier, as under Civil law ownership shall vest the financier until the payment of last installment. Hence remitted for fresh disposal after giving notice to financier and purchaser].
(g) "Sandalwood Transit Rules" mean the Tamil Nadu Sandalwood Transit Rules, 1967;
(h) "Stockist" means any person who stocks sandalwood for conversion into sandalwood oil or other products, but not for disposal of wood as such.
(1) No person shall possess on stock sandalwood in excess of five kilograms without a licence. Whenever any person intends possessing or stocking sandalwood in excess of five kilograms, he shall apply to the District Forest Officer in Form 1 and obtain a licence after paying the fees prescribed in sub-rule (7) of rule 4. Every application for the grant of a licence shall be accompanied by authenticated documents and other relevant particulars in support of the procurement of the sandalwood.
(2) On receipt of the application together with the authenticated documents, the District Forest Officer shall, if he is satisfied about the bona fides of the applicant issue a Form and manner in which application for licence may be made
1.Rule 2(f) substituted by G.O.Ms.No.311, Environment and Forest Dated 24.11.1988 licence in Form II for the possession of sandalwood.
(3) Whenever the dealer or stockist intends to obtains or procure possession of subsequent consignments of sandalwood, he shall immediately inform the District Forest Officer, in writing of the actual wood source from which he intends obtaining such additional consignment of sandalwood and supply such information as the District Forest Officer may require, from time to time, to satisfy himself about the bona fide of such additional consignment of sandalwood.
(4) Whenever the dealer or stockist comes into possession of a consignment of sandalwood, he shall, within twenty-four hours, inform the District Forest Officer of the place of storage of sandalwood about the fact of possession and the same shall be inspected by an Officer not below the rank of a Forester without any delay and till such inspection is over the dealer shall not tamper with the identification marks that may have been already placed on such sandalwood.
(5) After such inspection, the dealer or stockist shall be given an order in writing by the District Forest Officer to cover such sandalwood if such conversion is sought to be made:
Provided that the District Forest Officer may refuse to grant or renew a licence to any applicant or licensee if he has reason to believe that the information required is not given or that the person has been concerned in any illegal practice with regard to sandalwood or for any other goods.
Explanation. - The Arignar Anna Government Hospital of Indian Medicine, [Chennai] and the Government College of Indian System of Medicine, Palayamkotai are exempted from the operation of rule 3.
1[Explanation:- For illegal possession of sandal wood vehicle was seized and confiscated. Notice was sent to
1.Explanation to Rule 3 inserted by SRO A/93/84 Forest and Fisheries Dated 15.03.1984 original owner, but he refused Confiscation order was challenged on the ground that no notice was sent to financier, as under Civil law ownership shall vest that the financier until the payment of last installment. Hence remitted for fresh disposal after giving notice to financier and purchaser]
(1) A stockist storing sandalwood and its by-products (obtained by manufacture or conversion) including sandalwood, oil, smaller billets, sandalwood powder and dust, toilet articles or scented sticks, should furnish to the District Forest Officer, full particulars of the place of storage with a certified sketch of the premises. The premises should be distinguished by a notice board conspicuously displayed. Any change of place of storage should be notified.
(2) The dealer or stockiest should maintain a stock register showing receipt issues and balance of sandalwood and all its by-products including sandalwood oil at the premises.
(3) A true extract from the stock register for every financial year shall be submitted to the District Forest Officer by the 10th April, of the following year or before renewal of the licence when it has been issued for part of the year.
(4) The stock register and the stock shall be kept open for inspection by any Forest Officer not below the rank of a Forester at any time. Whenever there is contravention of any of the provisions of the licence any inspecting Officer not below the rank of a Forest Ranger may remove such account, or stock of sandalwood or both and the animals, vehicles, vessels or any other conveyance actually used in that connection and thereafter take or authorise the taking of all measures for securing the production of stocks of sandalwood, vehicles and the like seized in a Court and for Terms, conditions and fee for the grant of licence their safe custody pending such production.
(5) In exercising the power of entry and search under sub-rule (4), due regard shall be paid by the authority making such entry and search to the social and religious customs of the occupant of the premises to be entered upon and searched and the premises maybe entered after sunrise and before sunset.
(6) The licence shall not be transferable.
1(7) A licence fee of Rs. 100 for one financial year or part of the year shall be payable along with the application for licence.
(a) A licence fee of Rs. 100 for one financial year or part of the year shall be payable along with the application for licence by non whole sales and non-distillers,
(b) A licence fee of Rs. 200 for one financial year or part of the year shall be payable along with the application for licence by whole sales dealers and distillers.
Explanation. - No fee shall be payable however by religious institutions recognized by the Hindu Religious and Charitable Endowment Board or the Wakf Board or the Arignar Anna Government Hospital of Indian Medicine, [Chennai] and the Government College of Indian System of Medicine, Palayamkottai, stocking sandalwood for their own bonafide requirements.
(8) The licence shall be for a certain period not exceeding the financial year when initially issued
(9) The movements of sandalwood from and to the licensed premises shall be covered by the Tamil Nadu Sandalwood Transit Rules, 1967.
(1) When a licence is lost by the licensee a duplicate thereof shall be issued by the District Forest Officer after due verification.
Grant of duplicate licences and the renewal of
1. Rule 4(7) inserted by G.O.Ms.No.297, Forest and Fisheries Dated 05.03.1984 (G.O.Ms.No.1501, Forest and Fisheries Department, Dated 8/11/1982
(2) The fee chargeable for the grant of a duplicate licence shall be Rs.50.
(3) The licence shall be renewed for every financial year. Applications for renewal shall be made thirty days before the expiry of the existing licence. The licensing authority may, at his discretion, entertain an application for renewal preferred up to a period of thirty days from the date of expiry of the existing licence. All applications received after the said period shall be treated only as applications for the issue of fresh licence.
(4) The fee chargeable for the renewal of a licence for financial year shall be Rs. 100.
licences and fee for the same If it appears to the District Forest Officer that the licensee has contravened or failed to comply with any of the conditions laid down in these rules, or in the licence, he may cancel or suspend the licence after giving the holder fifteen days time in writing to make any representation in the matter.
Power to cancel or suspend licence
(1) Every person aggrieved by an order of the District Forest Officer under the proviso to sub-rule (5) of rule 3 or under Rules may prefer an appeal in writing to the District Collector within thirty days of receipt of such order.
(2) Every order on an appeal shall be communicated to the applicant as soon as possible.]
Rule 7 Omitted as per SRO .A 139/83, G.O.Ms.639 Dated
25.05.1983 and Rule 8 renumbered as Rule 7.
Appeal Schedule Form I Form of Application for Licence [Referred to in Rule 3(1)] 1 Name of applicant 2 Residence of applicant, Village, Taluk/District 3 Father's Name and Residence 4 Names and addresses of the persons from whom the applicant proposes to obtain the sandalwood 5 Place or places where the applicant proposes to keep the sandalwood and transact the business Place:
Date:
Signature of applicant.
Form II [Referred to in rule 3(2)) Form of Licence 1 Licence No.
2 Name of licensee 3 Residence 4 Village 5 Taluk-District 6 Place in which the sandalwood is to be stored The licence is not transferable and entitled to Thiru .......................... to possess sandalwood from.....................................(date of issue of licence) to 31st March in consideration of the payment of a fee of Rs.................
Place:
Date:
Licensing Authority (Reverse of the licence) Conditions
1. The licence is granted subject to all the provisions of the Tamil Nadu Sandalwood Possession Rules, 1970.
2. A stockiest storing the sandalwood and its by-products (obtained by manufacture or conversion) including sandalwood oil, smaller billets, sandalwood powder and dust, toilet article or scented sticks should furnish to the District Forest Officer with full particulars of the place of storage together with a certified sketch of the premises. The premises should be distinguishable by a notice board conspicuously displayed. Any change of place of storage should be notified.
3. The dealer or stockiest should maintain a stock register showing receipts and issues of sandalwood and all its by-products including oil at the premises.
4. A true extract from the Stock Register shall be submitted to the District Forest Officer every financial year by the 15th April of the following year of.... before renewal of the licence when it has been issued for part of the year.
5. The stock register and the stock shall be open for- inspection by any Forest Officer not below the rank of a Forester at any time. Whenever there is contravention of any of the provisions of the licence, any Inspecting Officer not below the rank of a Forest Ranger may remove such account or stock of sandalwood or both and the animals, vehicles, vessels or any other conveyance actually used in that connection and thereafter take or authorise the taking of all measures for securing the production of stocks of sandalwood, vehicles and the like seized in a Court and for their safe custody pending such production.
6. In exercising the power of entry and search under sub-rule (4) of rule 4 of the Tamil Nadu Sandalwood Possession Rules, 1970, due regard shall be paid by the authority making such entry and search to the social and religious customs of the occupants of the premises to be entered upon and searched and the premises may be entered after sunrise and before sunset.
7. When the original copy of the licence is lost by the licensee, a duplicate copy thereof shall be issued by the District Forest Officer after verification on payment of a fee of Rs. 50 (Rupees fifty only).
8. Movements of sandalwood from and to the licensed premises shall be covered by the Tamil Nadu Sandalwood Transit Rules, 1967.
[9. Omitted by S.R.O. A.139/83 (Forest and Fisheries dated 25.05.1983)