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Draft Himachal Pradesh Forest (Sale of Timber) Rules, 2009.

Draft Himachal Pradesh Forest (Sale of Timber) Rules, 2009.

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Draft Himachal Pradesh Forest (Sale of Timber) Rules, 2009.

In exercise of the powers vested under section 3 of H.P. Sale of Timber Act 1968 (Act 18 of 1968) the Governor Himachal Pradesh is pleased to make the following rules under this Act. 1(1) These rules may be called the Himachal Pradesh Forest (Sale of Timber) Rules 2009. 1(2) These shall extend to whole of Himachal Pradesh. 1(3) These shall come into force from the date of issue of this notification. 2(i) Timber includes trees when they have fallen or have been felled and all wood whether cut-up fashioned or hollowed out for any purpose or not and shall include the following species Deodar (Cedrus deodara), vern. Deodar, diar; Blue pine (Pinus wallichiana), vern. Kail, andar, anandar, biar: Chir pine (Pinus roxburghii), vern. chil; Spruce (Picea smithiana) rai, tos, partal; Silver fir (Abies pindrow) vern. tos, rai, partal; Chilgoza pine (Pinus gerardiana) vern. chilgoza, neoza; Sal (Shorea robusta) vern. Sal; Shisham (Dalbergia sissoo) vern. shisham, tali; Sain (Terminalia tomentosa) vern. Khan (Acacia catechu), vern. khair; Tun (Cedrella toona), vern. Tuni, tuni; Semal (Bombax ceiba) vern. simbal; walnut (Juglans regia) vern. akhrot; maple (Acer spp.), vernacular mandroo, Alder (Alnus nitida) vernacular kick; Willow (Salix spp), vern. beuins; Ban Oak (Quercus leucotricophora), vern. Ban; Mohru Oak; (Quercus dilatata), vern. mohru; kharsu oak (Quercus semicarpifolia), vern. khamse; Horse chestnut (Aesculus indica) vern. khanor; Bird Cherry (Prunus cornuta), vern. Jaman; Elm (Ulmus wallichiana) vern. marihnu; Birch (Betula utilis) bhojpatar; Ash (Fraxinus floribunda) vern. ash, sunnu; Nettle (Celtis australis) vern. khirak; Horn beam (Carpinus vimnea) vern. chakri; (Anogeissus latifolia) vern. chhal.

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Timber includes imported timber species from outside Himachal Pradesh and India. 2(ii) Depot means any building or place where timber is brought, processed or stored for sale. Timber sale depot for this purpose will deal with procurement and sale of timber and shall not install a saw or joinery. Saw mills for this purpose shall only saw and not sell timber. Furniture shop shall only fashion timber in to different sizes for manufacture of furniture and other wooden items and shall not sell timber of commercial sizes. Saw mills are not permitted to convert fuel wood/ pulpwood into packing cases. 3. No person shall establish or maintain a depot unless it is registered in accordance with these rules. 4 .Any person wishing to establish or maintain a depot shall register the same in the office of the Forest Division in which the depot is situated. The depot shall be registered by the Divisional Forest Officer in charge of the forest division indicating the khasra number on which it will be established along with the village, tehsil and district .The depot holder shall give in respect of such depot such details in regard to origin of timber as may be required by the Divisional Forest Officer. Provided that DFO incharge of division shall register such depot in scheduled areas (district Kinnaur, Lahaul & Spiti, Bharmour and Pangi area of Chamba district) of the state only after consultations with the concerned Panchayat in whose jurisdiction the depot is proposed to be located. Every person registering a depot shall be and remain responsible for the observance of all rules which may from time to time be notified by the Himachal Pradesh Government under Section 3 of the HP Forest (Sale of Timber) Act 1968, provided that the Divisional Forest Officer, with the approval of the Conservator, may exempt by
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order in writing any timber dealer from the operation of such rules as he may consider necessary. Each depot registered under this rule shall be assigned a number by the registering officer. In addition the name of Timber Sale Depot/ furniture shop shall be registered with Divisional Forest Officer along with name of owner. This will be accomplished by the concerned DFO within six months of the issue of notification of these rules. Registration fee of Rs 5000/-(Rupees five thousand) shall be charged for initial registration of depot. The renewal fee after 2 years shall be Rs. 1000/- (Rupees one thousand). 5. The Officer-in-charge of the Forest Division may refuse registration for reasons which shall be stated in writing, but an appeal against an order refusing registration shall lie with the Conservator of Forests of the Circle concerned, whose decision shall be final. 6 .Every person having a registered depot shall register his sale hammer mark in the office of the Forest Division in which the depot is situated. The fee for registration of sale hammer mark shall be Rs. 500/-. 7 .No person shall be allowed to register a mark already registered in favour of another person, nor any mark used by Government, and the officer-in-charge of a Forest Division may refuse registration of any mark which in his judgment so closely resembles a mark used by Government or registered in favour of any person as to be easily altered to counterfeit such mark. 8. The registration of a mark under rule 7 shall hold good for a period of three calendar years from the date of such registration barring detection of misuse of hammer mark it may be renewed after 3 years for another 3 years. 9(i).The owner or person-in-charge of a registered depot shall be required to maintain a register printed and numbered to be issued by concerned R.O. as per Annexure-I
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9(ii) The register of sales and removals of timber shall be in as per Annexure-II. The Performa shall be in the form of a printed and page numbered register to be issued by the concerned Range officer. 10. Every owner or person in charge of the Registered Depot shall produce the above registers for scrutiny and checking of timber lying in the depot when called upon to do so by the State Vigilance Officer or the Divisional Forest Officer or any Forest Officer authorized by him in this behalf. Such official may at any time enter a registered depot/saw-mill for such purpose. 11. No timber or processed timber shall be removed from any registered depot until it has been marked with the registered sale hammer of the owner of the registered depot. 12. Registered sale hammer shall be surrendered to the D. F. O. upon the cancellation of any registration or on the death of the owner of the hammer mark in whose name it has been registered. 13(i).No timber shall be removed from any registered depot unless accompanied by a form of receipt prescribed by the Government. A period for transportation of maximum of 3 days would be given. 13 (ii) All depots shall be bound to sell their timber within concerned range boundaries only. For export outside the Range prior permission of Range Officer shall be mandatory. For export outside the Division prior permission of DFO shall be mandatory and for export outside the state the permission of the concerned Conservator of Forests shall be mandatory. 13 (iii) No trade of timber or exchange by depot holders amongst themselves shall be allowed

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13(iv) 1.All bills/cash memos shall be on Performa 1&2. They shall be machine numbered, stamped and initialed by concerned Range Officer without which they shall be treated as invalid. 2. A depot wise register on Performa 3 showing bill No. and date of issue shall be maintained at the range office. 3. All depot holders shall submit a monthly abstract on Performa 4 showing the total/receipt/sale and balance timber species wise along with bills of all purchases and also bill issued for sale as on the last day of the month. This shall be supplied to the Range Officer on or before 5th of every month to DFO. 4. Bill shall be in four/five copies only, the first for the purchaser, the second for the depot holder and the third/fourth for DFO/RO and last for the check post if it passes through it. 13(v) No timber shall be allowed to be sold /processed/ sawn/ converted during transit i.e. during the period of operation of the time period in the receipt. 13 (vi). The transportation of timber will not be allowed after sunset and before sunrise. 14. (i) DFO may cancel permission/ registration of sale depot on the grounds of illegal timber in the premises, non maintenance of records required under rules, no transaction for a period of 2 years, violation of IFA 1927 or unauthorized activities. (ii) final. 15. Whoever infringes any of these rules shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 5000/- (Five thousand rupees) or with both. Double penalties may be inflicted where the offence is committed after sunset and before sunrise, or after
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The appeal of the cancellation order of the DFO shall lie with the

Conservator of Forests having territorial jurisdiction, whose decision shall be

preparation for resistance to lawful authority or if the offender has been previously convicted of any offence under these rules.

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