CHAPTER
I PRELIMINARY (1)
These rules may be called the Uttar Pradesh
Establishment and Regulation of Charcoal Kilns Rules, 2010. (2)
They shall extend to whole of Uttar Pradesh. (3)
They shall come into force with effect from
the date of their publication in the Gazette. (a)
"Government" means the State
Government of Uttar Pradesh; (b)
"Charcoal Kilns" means and includes
any sort of construction or device meant for converting the timber or tree into
charcoal by burning or through any other process; (c)
"Fruit Belt" means the fruit belt
declared by the State Government under Section 3 of the Uttar Pradesh Promotion
and Protection of Fruit Trees (Regulation of Harmful Establishments and Housing
Schemes) Act, 1985 (U.P. Act No. 18 of 1985). (d)
"Schedule" means a schedule
appended to these rules. CHAPTER
II REGULATION AND ESTABLISHMENT OF CHARCOAL KILNS Any person desiring to
establish or erect charcoal kiln/kilns, or operate such existing kiln/kilns
shall make an application to that effect to the Divisional Forest Officer
concerned, for obtaining a licence, in the Form given in the Schedule I. (1)
On receipt of an application under Rule 4,
the Divisional Forest Officer may acknowledge the same and make such inquiries
as he may deem fit and after satisfying with regards to the following factors,
grant the licence subject to maximum four kilns at one site, in the Form given
in Schedule II— (i)
The applicant or any of his family members
have never been convicted by a court of law in any force offence nor any such
case is pending against him or his family members. (ii)
The required quantity of timber/trees would
be available through legitimate means at the proposed site of the charcoal
kiln/kilns, without causing any, damage to the tree growth in the forests under
the control of Government and the adjacent rural areas. (iii)
The applicant has acquired necessary area in
a dispute free manner, for erecting and operation. (iv)
The necessary knowledge of manufacturing
charcoal kiln is available with the applicant and being aware of the fire,
environmental and other such accidental hazards has adopted and is in a
position to adopt before operation the kiln/kilns the necessary preventive and
control measures. (v)
The applicant agrees to fulfill the
conditions laid down while issuing the licence and is in a position to do so. (2)
The Divisional Forest Officer shall grant
licence or reject the application under subrule (O within a period of sixty
days from the date of receipt of the application. If any application is
rejected the Divisional Forest Officer shall inform the applicant within the
said period. Any person aggrieved by an
order of the Divisional Forest Officer made under Rules 5, 7 or 8 may within
thirty days of the receipt of the order prefer an appeal to the concerned
Conservator of Forests or Chief Conservator of Forests as the case may be. The
Conservator of Forests or Chief Conservator of Forests, as the case may be,
thereupon he shall decide the appeal after according the appellant and/or the
Divisional Forest Officer an opportunity of being heard. The decision of the
Conservator of Forests or Chief Conservator of Forests, as the case may be, on
such appeal shall be final. Explanation.—For the
purposes of this rule one unit of charcoal kilns shall be taken as one kiln
having a maximum outer diameter of 4 (four) meters at bottom and a maximum
vertical height of 3 (three) meters. The kiln with all or any of the
measurements more than the prescribed limit will form further unit (thus in
case of a single kiln 3 units will mean a kiln of outer bottom diameter between
9 metres and 12 metres and/or vertical outerjheight between 6 metres and 9
metres). SCHEDULE I Application for obtaining licence for establishing/erecting and operating a charcoal
kiln/kilns 1.
Name of applicant 2.
Father's/Husband's Name 3.
Postal address 4.
Permanent address 5.
Place where the kiln/kilns is/are to be established/erected [Khasra,
Plot no. etc. also to be mentioned
(Proof of ownership
to be enclosed)] 6.
Number of units applied
for 7.
Size of proposed kiln. (a) Outer diameter
of base…………………metres (b) Vertical height………………………………metres 8.
Annual production capacity 9.
Requirement of timber/trees (annual) 10.
Sources of procuring timber/trees 11.
Details of other units of charcoal Kiln owned by applicant, if any
(licence nos. etc. also to be mentioned) 12.
Other details,
if any Enclosure: 1.
Undertaking 2.
Proof of ownership
of land. Place: Place: Date:. Signature
of the applicant Undertaking I,…………………………………………. who have signed above do hereby
undertake that: 1.
I myself or any member of my family has never
been convicted by a court of law in any case relating to any forest offence or
no such case pending against me or any member of my family. 2.
The details and information given in the
application are true to the best of my knowledge and belief. 3.
The land where the kiln/kilns are to be
established has been acquired or to be acquired by me, is a dispute free land.Uttar Pradesh
Establishment and Regulation of Charcoal Kilns Rules, 2010
In exercise of the powers under Section 51-A of the Indian Forest Act, 1927
(Act No. 16o0f 1927), the Governor is pleased to make the following rules:
In these rules unless the context otherwise requires:
No person shall establish, erect or operate any charcoal kiln without obtaining
a licence from the Divisional Forest Officer of the concerned district. No such
kiln can be established, erected or operated within 10 kilometers from the
nearest boundary of the reserved forest until and unless by order required by
the forest department for meeting the requirement/demand thereof or the demand
arisen due to the reasons of national security or such other exigencies. No
charcoal kiln shall be established within one kilometer from the nearest end of
any habitation or within the limits of the fruit belt.
Every licence granted under Rule 5 or renewed under Rule 7 shall remain valid
for a period of one year from the date of issue or renewal as may be specified
in the licence.
On an application made by the licensee, in the Form given in Schedule III
before the expiry of the period of validity of the licence, to the Divisional
Forest Officer concerned, for renewal of the licence granted under Rule 5, he
may on being satisfied that the licensee has not violated the conditions laid
down in the licence till date, renew the same indicating thereon the period for
which it has been renewed, subject to the deposition of renewal fee as
prescribed under Rule 11.
Notwithstanding anything contained in the foregoing rules, the Divisional
Forest Officer concerned may, where he has reasons to believe, that a licensee
is operating the charcoal kiln/kilns in the contravention of the provisions of
these rules or conditions of the licence or the licensee is indulging in
activities prejudicial to the interest of forest conservation, or the supply of
timber or trees for the kiln/kilns is not feasible in legitimate manner at any
time after granting or renewing, revoke the licence granted under Rule 5 and or
renewed under Rule 7.
Where the concerned Divisional Forest Officer refuses to renew the licence or
revoke the same he shall send intimation thereof to the applicant or the holder
of the licence, as the case may be, assigning the reasons thereof.
An annual fee of rupees two thousand five hundred per unit charcoal kiln for grant
or renewal of licence shall be payable by the applicant/licensee. The
Government may revise the fee from time to time by issuing Gazette
notification.
Transportation of such manufactured charcoal will be done (even if, it is manufactured
from the trees which are free to be felled under the Uttar Pradesh Protection
of Trees Act, 1976) after seeking the permission of the competent authority as
provided in the Uttar Pradesh Transit of Timber and other Forest Produce Rules,
1978.
Any person who establishes, erects or operates any charcoal kiln without
obtaining the licence or getting it renewed in accordance with the procedure
laid down in these rules, or keeps on operating the kiln even after revocation
of the licence, or does anything in contravention of any provisions of these
rules in any other manner, shall be liable to be punished under Section 77 of
the Indian Forest Act, 1927.
Nothing contained in these rules shall apply to the manufacturing of charcoal
by a person on a very small scale for his domestic use, without erecting a
kiln. But charcoal manufactured for domestic use shall in no case be sold or
transported to a place beyond village boundary.
[See Rule 4]