ARUNACHAL PRADESH WOOD BASED INDUSTRIES (ESTABLISHMENT AND REGULATION) RULES, 2000

PREAMBLE

In exercise of the powers conferred by Clause (1) of sub-section (2) of section 40 of the Assam Forest Regulation, 1891 (VII of 1891), the Governor of Arunachal Pradesh is hereby pleased to make the following rules, namely-

Rule - 1. Short title and commencement.

(i)       These rules may be called the Arunachal Pradesh Wood Based Industries (Establishment and Regulation) Rules, 2000.

(ii)      They shall come into force on the date of their publication in the official Gazette.

Rule - 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context-

(a)      "Act" means the Assam Forest Regulation, 1891 (VII of 1891);

 

(b)      "Government" means the Government of Arunachal Pradesh.

 

(c)      "Authorised officer" means a Forest Officer not below the rank of Divisional Forest Officer.

 

(d)      "Licencing Committee' means the Committee for the purpose of dealing with the grant or refusal to grant of a licence and it shall be constituted with the following official members:

(e)      "Wood based Industries" includes saw mills, veneer mills, plywood mills, match/match splint/particle board/hardboard, agarwood oil extracting units. Pine resin processing units or any other industry which may use wood as raw materials.

 

(f)       "document" includes a valid record in the form of a pass or permit or receipt indicating a transaction in forest produce issued by competent authority;

 

(g)      "form" means a form appended to these rules;

 

(h)     "licence" means a licence granted under these rules;

 

(i)       "permit" means written permission for carrying out any of the acts or operations covered by these rules;

 

(j)       "persons" includes a body, company or a society duly registered for the purpose of carrying on a business;

 

(k)      "saw mill" means plant and machinery with which, and the premises including the precinct thereof in which or in any part of which, sawing is earned out with aid of electrical or mechanical power, which will include cutting or converting limber/wood into pieces or like acts;

 

(l)       "veneer mill/plywood mill" means plant and machinery with which, and the premises including the precinct thereof in which or in any part of which conversion into required size, slicing, peeling, drying and pressing, fashioning or seasoning of timber, including preservation and treatment thereof, either by mechanical process or chemical process with he aid of electrical or mechanical power or manually, is earned out;

 

(m)    "hardboard/particle board manufacturing unit" means plant and machinery with which and the premises including the precinct thereof in which, or in any part of which conversion of forest produce into hard board/particle board is carried out;

 

(n)     "agarwood oil extracting unit" means plant and machinery with which and the premises including the precinct thereof in which or in any part of which extraction of oil from the agarwood by chemical and mechanical process is carried out;

 

(o)      "match splint/match manufacturing unit" means plant and machinery with which and the premises including the precinct thereof in which, or in any part of which, conversion into required splints/matches are earned out;

 

(p)      Pine resin processing unit means-plant and machinery with which and the premises including the precinct thereof in which, or in any part of which, processing of pine resin is carried out by chemical and mechanical process.

 

(q)      Words and expressions used in these rules but not defined, and defined in the Act. shall have the meaning respectively as assigned to them in the Act.

Rule - 3. Restriction on establishment of wood based industries.

(1)     No wood based industry shall be established or run without a valid licence granted under these rules.

(2)     "Wood based industry, both existing and proposed shall be established and run only in the specified areas as notified in the Government for such purpose.

Rule - 4. Procedure for Grant/renewal of licence.

(1)     Any person desirous to establish or run a wood based industry in a specified area shall make an application for licence to the authorised officer in Form No. I given in the schedule.

(2)     Each application shall be accompanied by a non-refundable application fee as prescribed below in the form of a receipted Treasury Challan in favour of Divisional Forest Officer concerned:-

(3)     Grant of a licence shall be made subject to payment of licence fee as specified below in the Form of a receipted Treasury Challan:-

(4)     Application for renewal of licence granted shall be made to the authorised officer in Form No. III given in the schedule, 3 (three) months before expiry of the licence. Each application shall he accompanied by a non-refundable application fee of Rs. 1000/- in the form of a receipted Treasury Challan in favour of Divisional Forest Officer concerned.

(5)     Renewal of licence shall be made subject to payment of renewal fee as specified below in the form of a receipted Treasury Challan in favour of Divisional Forest Officer concerned.

(6)     Sales Tax/Income Tax Clearance Certificate must accompany the application for grant/renewal of licence.

(7)     The Licensing Committee shall after having got made such enquiry as it thinks it and within a period of sixty days from the date of receipt of such application, either grant or refuse to gram/renew the licence. Provided that no licence shall be granted/renewed unless it is satisfied about the location, availability of raw materials, financial capacity and past records in business of such person. Where the Licencing Committee refuses to grant/renew a licence, it will record the reasons therefore and such reasons shall be communicated to the person in writing. Form No. II and Form No. IV for grant/renewal of a licence are given in the schedule.

(8)     For the purpose of enquiry under sub-rule 7 of rule 4, the authorised officer may exercise the following powers:-

(a)      enter into or upon any land, survey and demarcate the same, make a map thereof or authorise any other officer to do so:

(b)      call for such documents as he deems necessary for ascertaining the merit of the application.

(9)     No application for renewal of a licence shall be rejected unless the holder of such licence has been given an opportunity of presenting his case and unless the Licensing Committee is satisfied that-

(a)      the application for such renewal has been made after the expiry of the period specified thereof, or

(b)      any statement made by the person making application for renewal of the licence was incorrect or materially false; or

(c)      such person has contravened any of the terms or conditions of the licence or any provision of the Act or these rules, or

(d)      such person does not fulfill the terms and conditions for such licence.

Rule - 5. Conditions of licence.

(1)     A Licence granted/renewed under rule 4.

(a)      shall remain valid for the calender year ending on 31st day of December, following the date of such issue or renewal of the licence

(b)      shall not be transferable;

(c)      shall be subject to the terms and conditions specified therein.

Rule - 6. Suspension/Revocation of licence.

(1)     The Conservator of Forests of Circle concerned may for reasons to be recorded in writing suspend any licence granted or renewed under these rules till such time as the licensee rectifies the shortfalls pointed out by him.

(2)     In case the Conservator of Forests of Circle concerned deems the case fit for cancellation of the licence, he shall refer it to the Licencing Committee, who shall take a decision thereon within 60 (sixty) days of the order of suspension and after giving licensee an opportunity of being heard.

Rule - 7. Apple.

(1)     An appeal on an order refusing to grant/renew a licence under these rules, as the case may be, or an order suspending or cancelling a licence under these rules shall lie with an Appellate Body consisting of a Committee with the following official members; namely:-

(b)   Subject to the provisions of this Act and the rules framed there under the Committee shall have power to regulate its own procedure of business in hearing the appeal.

(c)   At least two members of the Committee shall hear the appeal.

(d).  The decision of the majority of the members present hearing the matter shall be the decision of the Committee. Where the members are equally divided in their opinion, the appeal shall be heard and decided by all the members and the decision arrived at by the majority of all the members shall be the decision of the Committee. In case the members are equally divided at such a meeting of all the members, the Chairman shall exercise a casting vote.

(e)   The Committee shall have power to confirm, modify or reverse the order against which the appeal is preferred or to remand the matter for a fresh decision by the competent authority passing the order in accordance with such directions, if any, as may be given by the Committee.

(f)   The Member Secretary shall have a status similar to that of an ordinary member in the decision making process.

(g)   The Committee may function in accordance with the above mentioned procedure and any vacancy in the Committee shall not affect the decision of the Committee.

(2)     An appeal under these rules shall be preferred within 15 (fifteen) days from the date of communication of the order appealed against;

Provided that the Appellate Authority may admit any appeal preferred after the expiry of the period as aforesaid if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

(3)     An appeal shall be decided within 45 (forty five) days of receipt of the appeal.

(4)     Every order passed in appeal under the rules shall be final.

Rule - 8. Maintenance of Register and submission of declaration to the Authorised Officer.

(1)     A Licensee under these rules shall maintain Registers in Form No. V, VI and VII as given in the Schedule appended herewith.

(2)     Every licensee shall submit to the Authorised Officer (s) once in every three months within seven days of the expiry of the period of the said three months a declaration in Form No. VIII as given in the Schedule which shall be compiled from the Registrar maintained in the form No VII.

Rule - 9. Inspection and Verification of Records.

(1)     The Authorised Officer may inspect and verify at any time without notice the following within the premises of the wood based industry of a licensee-

(a)      records required to be maintained under sub-rule (1) of Rule 8;

(b)      stock of raw material and

(c)      stuck of sawn timber or manufactured products or processed products.

(2)     During such inspection and verification, the licensee or his authorised agent, employees and workers. shall be lawfully required to extend all possible assistance and produce all documents and records as may be required during such inspection and verification.

Rule - 10. Transit Pass for Forest Produce.

Any kind of forest produce, be it a raw material, processed or manufactured item, entering or leaving a wood based industry or its premises shall be covered by a transit pass or a transit challan duly issued under the provisions of the Act.