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, Sections
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 :-
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| 1. |
(1) These rules may be called the Haryana Forest Regulation of Wood
based Industries Rules, 2005.
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Short title, application and commencement
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(2) They shall be applicable to the whole of the State of Haryana.
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Definitions
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(3) They shall come into force from the date of publication of this
notification in the Official Gazette.
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| 2. |
(a) means the Indian Forest Act, 1927 (16 of 1927);
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(b)Divisional Forest Officer means Divisional Forest Officer (Territorial)
in the district;
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(c) “Form" means form appended to these rules;
(d)“License" means the license issued under these rules;
(e)“State 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
meaning respectively assigned to them in the Indian Forest Act, 1927 (16 of
1927).
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| 3. |
No person shall establish, expand installed capacity or operate any Wood-based
industry including the existing unit unless a license is obtained/ renewed in
accordance with these rules.
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Restriction on establishment of Wood-based industries.Section 41(2)(e) and (h).
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4.
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Any person seeking a license under rule 3 shall make an application to the
Divisional Forest Officer in form I.
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Application for obtaining license.Section 41(2)(b),(e) and (h)
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| 5. |
On receipt of 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.
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Grant of License, section 41(2)(b),(e) and (h)
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| 6. |
The person seeking a license shall pay such license fee as may be notified by
the Sate Government from time to time.
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Fee for grant of license,section 41(2)(c)
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7. |
The licensee shall apply for renewal of license in form I within a period of six
months before the expiry of his existing license by paying a renewal fee as may
be notified by the State Government from time to time.
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Renewal of license, section 41(2)(b), (e) and (h)
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8. |
The licensee 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 licensee 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 such purposes.
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Authority to enter in premises section 41(2).
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| 9. |
Notwithstanding anything contained in the foregoing rules, the Divisional Forest
Officer, where he has reasons to believe that a licensee is operating the Wood
based industry in contravention of the provisions of these rules and/or
conditions of the license or the licensee in indulging in activities prejudicial
to the interest of forest conservancy, after giving the licensee an opportunity
of being heard, may suspend or revoke the license granted under this rule.
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Revocation of license,section 41(2)(b)
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10. |
Any person aggrieved by the order made by the Divisional Forest Officer under
rule 5 or rule 9, within a period of thirty days of the service on him of the
order, appeal to the Principal Chief Conservator of Forests, who shall decide
the appeal after giving such person an opportunity of being heard. The decision
of the Principal Chief Conservator of Forests shall be final.
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Appeal against order of refusal or revocation of license, section 41(2)
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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 for sawing, converting, cutting and processing round timber. |
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