Rule - 1.Short title, extent and commencement.
(1)
These
Rules may be called the Bihar Saw Mills (Regulation) Rules, 1993.
(2) It
extends to the whole of the State of Bihar.
(3) It
shall come into force at once.
Rule - 2.Definitions.
In these Rules unless the context otherwise
requires?
(a) "Act"
means Bihar Saw Mills (Regulation) Act, 1990 (Bihar Act 19, 1990);
(b) "Divisional
Forest Officer" means the Officer incharge of a Territorial Forest
Division;
(c) "Conservator
of Forests" means Officer incharge of a Forest Circle.
Rule - 3.Application for licence.
(1)
Any
person to obtain licence under Section 5 to establish a. saw mill or saw pit or
such saw mill or saw pit which is in existence on the appointed day may make an
application to the licensing authority.
(2)
The
application to establish saw mill or saw pit shall be in Form "A" and
the application to operate saw mill or saw pit which is in existence on the
appointed day shall be in Form "B". Such application form may be
obtained from the office of the concerned licensing officer.
(3) A
non-refundable fee of rupees one thousand or rupees one hundred respectively
shall be paid for each application of licence for saw mill or saw pit. The
amount shall be payable to the account of such Divisional Forest Officer, where
saw mill or saw pit is in operation from before or proposed to be established.
Separate application for each saw mill or saw pit is required.
(4) (i)
The application for licence for saw mill or saw pit, complete in all respects
including the prescribed application fee, shall be submitted to the licensing
officer.
(ii) No person shall be permitted to file application on
behalf of any person or company until he encloses executed copy of the Power of
Attorney authorising him to work on behalf of such person or company and
produces its original or the certificate of registration of such company of
which he claims to be a partner before the licensing officer.
(iii) A co-operative society may file application enclosing
duly certified copy of the resolution passed in this respect:
Provided
that such certified copy of the resolution shall not be required in case of
Government owned Corporation.
(5) Each such application
shall be accompanied by a Bank Draft of rupees two thousand, as advance
security is for saw mill in the designation of the licensing officer. When the
period of licences expired or is not renewed, the amount of security on
application by the Licensee shall be refunded:
Provided that the amount of security, in part or full shall
be forfeited for violation of prescribed condition; under the rules between
date of acknowledgement of licence and the date of refusal of renewal:
Provided further that before forfeiture of amount of security
the licensee shall have an opportunity of being heard.
(6) The licensing
officer, while refusing to grant the licence, shall consider the followings
apart from any other fact which in his opinion justifies his action of refusing
to grant the licence.?
(1) The
area of the saw mill or saw pit falls within the restricted area under Section
6 of the Act.
(2) The
person of the company applying for the licence has been found guilty of any
forest offence.
Rule - 4.Grant of licence.
(1)
The
licensing officer shall grant the licence in Form C.
(2)
The
licence shall be subject to the following conditions.?
(a) The
sawing operations in the saw mill and saw pit shall not be carried out after
sunset and before sunrise.
(b) The
certified copies of the licence granted under sub-rule (1) shall be displayed
at conspicuous place in the saw mill or saw pit.
(c) The
Licensee shall maintain daily account of receipt of wood purchased, sawing and
disposal in Form D.
(d) The
monthly account of wood received for sawing only shall be maintained in Form E.
(e) The
registers of accounts shall, if so required, be produced before the licensing
officer or any other officer authorised by him for inspection.
(f) If the
licensee or the person incharge of the operation of saw mill or saw pit has
reason to believe that the wood brought to the saw mill or the saw pit is
illicit, he shall inform the nearest Range Officer of Forests as early as
possible, about the arrival of illicit wood. In no case, the illicit wood,
shall be sawn.
(g) The
expansion of the saw mill or saw pit or change in its location shall not be
carried out without the written permission of the licensing officer.
(3)
The
licence shall be valid for a calendar year for which it was issued.
(4)
The copies of condition (under whom the licence is being
granted) and the copies of forms of accounts (in which receipt of wood, sawing
and disposal) shall be shown to the applicant by the licensing officer before
grant of the licence. The licensing officer shall explain the conditions and
the subject matter of draft to the applicant, if he is unable to read. The
Licensing officer shall obtain the signature or thumb impression of the
applicant, as the case may be, on the application in token of the acceptance of
the conditions. The applicant shall be supplied with one copy each of
conditions and terms, in which account shall be maintained.
(5)
In case the licence is lost and mutilated the licensee may
obtain a certified copy of the licence on payment of rupees one hundred 'for
each saw mill and rupees ten for each saw pit, from the licensing officer.
Rule - 5.Effect of declaration.
In the event of declaration of any area as
prohibited under Section 6 of the Act, any licensed saw mill or saw pit shall
be allowed to operate in that area for six months from the date of such
declaration provided that the said saw mill or saw pit shall not receive any
new wood for sawing and shall saw only such wood which has been received till
the date of such declaration. Any such licensed saw mill or saw pit existing in
such prohibited area shall be given preference as far as possible in granting
licence in new area.
Rule - 6.Renewal of the licence.
(1)
Every
licensee shall apply to the licensing officer for renewal of the licence, at
least one month before the expiry of the licence.
(2)
The
application fee for renewal of licence for saw mill shall be rupees one
thousand and for saw pit shall be rupees fifty.
(3) The
licensing officer after making such enquiry, as he may deem fit, may renew or
may order in writing stating the reasons in brief, refuse to renew the licence:
Provided that no order of refusing to renew the licence shall
be passed unless the applicant has been given reasonable opportunity of being
heard.
(4)
The
licence shall be renewed for one calendar year only:
Provided that for the period during which application for
renewal of licence is pending for consideration, it shall be deemed as if such
licence was renewed under the Act and the licensee was operating the saw mill
or saw pit accordingly.
(5)
The
licence shall be renewed on the same conditions on which it was granted:
Provided that unless there are reasons to the contrary, the
licence shall ordinarily be renewed and within one month from the date of
application the licensing authority must inform the licensee regarding renewal
or refusal of the licence as the case may be.
Rule - 7.Submission of returns.
(1)
The
licensee shall maintain a register of daily purchase of wood for sawing and
disposal in Form 'D'.
(2)
The licensee shall maintain a register of the monthly account
of arrival, sawing and disposal of wood received for sawing only in Form 'E'.
(3)
The licensee shall submit the returns of these accounts to
the concerned Divisional Forest Officer by a date not later than 10th of the
following month.
Rule - 8.Installation of electric connection.
(1)
The
Licensing Officer shall submit a list of persons who are already operating saw
mills, or the persons who have obtained licence for establishing and operating
new saw mills along with the name of such saw mills to the concerned Executive
Engineer of the Bihar State Electricity Board. The Licensing Officer shall also
submit a list of persons along with name of saw mill who are operating the
saw mills without valid licence or whose licence has either been revoked or
suspended and as soon as it comes to the knowledge of licensing officer that
any person is operating saw mill without valid licence he shall inform the
concerned Executive Engineer of the Bihar State Electricity Board regarding the
name of that person along with the name of that saw mill and its state of
affairs.
(2) The
concerned Executive Engineer of the Bihar State Electricity Board shall ensure
that only those saw mill whose owners are operating it under a valid licence
obtained from the concerned licensing officer, are consuming the electric
energy.
(3) The
concerned Executive Engineer of the Bihar State Electricity Board or PW shall,
either on a reference made to him in this behalf or his own volition that a saw
mill is being operated without a valid licence, take immediate steps to
disconnect the supply of electric energy to such saw mills.
Rule - 9.Authority to whom appeal shall lie.
The appeal shall lie to the Conservator of
Forests under Section 12 of the Act.
FORM A
[See Rule 3(2)]
Application for Grant of Licence for
Establishing and Operating a New Saw Mill/Saw Pit.
1.
Applicant's
name and his father's name in full (in case of company give names of partners
and of persons holding power of attorney to act on behalf of the company).
2.
Profession
..............
3.
Full
address ..............
4.
Details
of proposed location of saw mill/ saw pit (location map will also be attached).
5.
Is
applicant already owning and operating any other saw mill/saw pit.
6.
If
answer to (5) is Yes' give details of the saw mill/saw pit
(a)
Make
and year of sawing machine...
(b)
No.
of sawing machine ........
(c)
Type
of motive force and its horsepower.
(d)
Monthly
capacity ...........
(e)
Any
other information ........
7.
Monthly
capacity of the saw mill/saw pit to be established.
8.
Species
of wood that would be generally sawn.
9.
Source
from where the wood is obtained...
10.
The
period in which saw mill/saw pit will be established.
11.
Details
of saw mill to be established
(a)
No.
of sawing machine .......
(b)
Type
of motive force and its horsepower.............
(c)
Any
other information..........
12.
Any
other activity which is proposed to be carried out in the saw mill/saw pit.
13.
Evidence
of payment of application fee...
14.
Evidence
of payment of security deposit...
DECLARATION
I/We... .................. hereby declare
that I/we have, read and understood all the provisions of the Bihar Kashtha
Chiran (Viniyaman) Adhiniyam, 1990 and the rules made thereunder and I/we are
to abide by the same.
Date..........
Signature of the
applicant.
FORM 'B'
[See Rule 3(2)]
Application for Grant of Licence for
Operating and already Established Saw Mill/Saw Pit.
1.
Applicant's
name and his father's name in full (in case of company give names of partners
and of persons holding power of attorney to act on behalf of the company).
2.
Profession
..............
3.
Full
address..............
4.
Details
of location of saw mill/ saw pit (location map and sketch map of saw mill/saw
pit will also be attached).
5.
Details
of the saw mill
(a)
Make
and year of sawing machine...
(b)
Horse-power
of the electrical or mechanical motor.
(c)
No.
of sawing machine .......
(d)
Any
other information .......
6.
Monthly
capacity of the saw mill/saw pit.
7.
Species
of wood that are generally sawn...
8.
Source
from where the wood is obtained...
9.
Besides
any other activity which is carried out in saw mill/saw pit.
10.
Details
of any other saw mill/saw pit for which licence has already been obtained or
applied for.
11.
Evidence
of payment of application fee... 14. Evidence of payment of security deposit...
DECLARATION
I/We ..................... hereby declare
that I/we have read and understood all the provisions of the Bihar Kashtha
Chiran (Viniyaman) Adhiniyam, 1990 and the rules made thereunder and I/we agree
to abide by the same.
Date..........
Signature of the
applicant.
FORM 'C'
[See Rule 4(1)]
The Licence for Operating the Established Saw Mill/Saw
Pit establishing and Operating a New Saw Mill or Saw Pit.
(This form shall be used for renewing the licence)
1.
Applicant's
name and his father's name in full (in case of company give names of Partners
and of persons holding power of attorney).
2.
Profession
..............
3.
Full
address ..............
4.
Details
of location of saw mill/ saw pit... ,
5.
Legal
status of the land and title of ownership or the land on which saw mill/ saw
pit is established or proposed to be established.
6.
Details
of the saw mill
(a)
Make
and year of sawing machine...
(b)
No.
of sawing machine .......
(c)
Type
of motive force and Horse-power
7.
Monthly
capacity of the saw mill/saw pit. (approx.)
8.
Species
of wood that would be generally sawn...
9.
The
period in which saw mill/saw pit will be established.
10.
Activity
other than sawing which will be carried out in the saw mill/saw pit.
11.
Period
for which the licence is being granted/renewed.
Place .........
Date .........
Signature of Licensing Officer.
Name
Seal of the Officer.
Note:- 1. The conditions under which
licence is being granted and the forms in which account shall be maintained has
been given to the licensee and the same has been fully explained to him.
2. The signature of the licensee has been
obtained as a token of this.
FORM
'D'
[See Rule 7(1)]
Details of Receipts
and Disposal Statement of Wood Purchased
Period From............To.........
Name of Saw Mill/Saw
pit
Place of Saw Mill/Saw
pit
Date of Submission of
statement.
|
Opening Stock
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Inwards (Receipt from Forest and
Environment Department) Other than Forest Department.
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Species
|
C. mt.
|
Sawn C. mt.
|
Date
|
T. P. no.
|
Name of Species Depot.
|
Logs. No. C.mt.
|
Sawn C.mt.
|
Date
|
T.P. no. and other evidence
|
Name of source.
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Species. No.
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Logs. C. mt.
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1
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2
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3
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4
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5
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6
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7
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8
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9
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10-
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11
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12
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13
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14
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15
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16
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,.
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Sawn C.mt.
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Total
Logs.
|
Sawn
|
Sales Local
|
Inter-State Logs. Sawn
|
Species
|
Logs.
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Balance stock Sawn Remarks C.mt.
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Species No. C.mt.
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C.mt.
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Species
|
No.
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C.mt.
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Sawn C.mt.
|
No.
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C.mt.
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C.mt.
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No.
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C.mt.
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17
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18
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19
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20
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21
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22
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23
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24
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25
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26
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27
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28
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29
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30
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31
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32
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33
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Notes. (1) This form
will have to filled date wise..
(2) At the end of the
month, total will be given at the end.
Signature of
Owner/Partner
Name..............
Date.................
FORM
'E'
[See Rule 7(2)]
Account of Wood
Received for Sawing only (Monthly Statement)
Name of Saw Mill/Saw
pit ... ... ... ... ... ... ... Account for period from
... ... To.. ....
Location of Saw
Mill/Saw pit ... ... ... .... .... .... .... .... ... ....
|
Opening balance
|
Received during the day
|
Total
|
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No.
|
Date
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Species No.
|
Logs. C.
|
mt.
|
Sawn C.mt.
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Transit Pass No.
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Name of the person & address
|
Species
|
Logs
|
Sawn
C.mt.
|
Species Logs
|
|
No.
|
C. mt.
|
|
No.
|
C.mt.
|
|
1
|
2
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3
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4
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5
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6
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7
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8
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9
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10
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11
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13
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14
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15
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'
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Sawn
C.mt.
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Sawn during the day
|
Sawn C.mt.
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Delivered to the owner
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Balance
|
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Species
|
Logs.
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Bill no. and date
|
Species
|
C.mt.
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Species
|
Round .
|
Sawn C.mt.
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Remarks
|
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No.
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C.mt.
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No.
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C.mt,
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16
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17
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18
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19
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20
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21
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22
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23
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24
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25
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26
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27
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28
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Signature of
Owner/Partner
Name.. ............
Date.................