. © Reg. No. and m8 RUTV(NYEDN?-14 Sovernmnt of Koval sang cwdna0d 2012 KERALA GAZETTE GOB WMBOd EXTRAORDINARY PUBLISHED BY AUTHORITY emWLaoclaaoUl pamsavonss}om}Ma5 ‘Thirwvananthaporan, 20 April 2012 Feitay 2012 oaprded 20 Ne. aiiajawrrimaigao, Fie Chaithra fot ed corms 1934 oonteie GOVERNMENT OF KERALA Js Forest and Wildlife (B) Department NOMFICATION : G.O.0P) No, SOADIZFEWLD. Dated, Thirwwenanthapuran, 16h Spit, 2072 S. RO. No, 278/2012.—In oxercise of the powers conferred by sb.ecetion (1) of section 30 read with sections 47A to 47F and section 76 of the Ké Forest Act, 1961 (Act 4 of 1962). the Government of Kerala hereby make the Following rules, namely:— cia Rus: 1. Short sitte and commencement.—(1) These rules may be called the Kerala Forest (Kestristion on culting and selling of sanénl trees and grant of licence for possession and transport of sandalwood and sandalwood wil) Roles, 2012. (2) They shal) come in to force wt once. sait677201200TP,2 2. Definitions.—(1) I these rules, unless the context otherwi requires (0) “Act” means the Kerala Forest Act, 1961 (Act 4 of 1962) {0} ‘Comimittee” means a committee. authorised by the Government under the proviso to sub-seetion (2) of section 4M of the Act (c}_ “Tee" means the smount of fee spectied in these rules; (2) ‘firm’ means the form appended to these roles; (2) “licence” means the licence issued by the Authorised Officer under the provisions of section 47C of the Act; (1) ‘price® means the rate For sandalwood and sandalwood oil fixed by the Governmeit from time to time as provided under section 47E of the Act; (g) ‘Depot Officer’ means the officer in charge of the sandalwood depots (hy "Sehedule’ means the schedule sppended to these Rules; 4) “section’ means section of the Kerala Forest Act, 1961 (Aot 4 of 1962), (2) Words and expressions used but not defined in these rules, but fined in the Act shall have the same meatings respectively assigned to them inthe Act 3. Procedure for cutting, uproodng, removing or selling of sandal tees saul sub-section (1) of section 47B—{1) An application for permission to cu ‘apni, reanave oF sell sandalizees shall be made to the Authorised Ofticer ining jurisdiction over the area by the Owner of the land or his authorised sent i Fovin V appended to these rules. 2) tf a0 Authorised Offiver, 10 whom application bas been tiled under soibule (1), requires any additonal information, he shall call for the sane dinestly Frou the Revenue ofiivials or from the applicant or his authorised ayent who tll fxm the saune to the Authorised OFfiser within fifteen days Fiona the date Sf seqalsiton3 G)_ The Authorised Officer shall inspect the area, verify the boundariés and satisfy himself about the correciness of the boundaries of the land ancl ‘ownership thereof and communicate his decision in weiting within a period of fittest lays from the date of receipt of application under sub-rule (1) and in case where further information under sub-rule (2) is sought for, from the date of receipt of the information: Provided that if thé’ additional information sought froin the Revere officials is not received ‘within the prescribed time limit of een days, the ‘authorised officer shail préceed further based on the information fu the applicant or authorised agent and report non-compliance of the mater to the Revenue Authorities. (8) In granting petmiision under sub-section (1) of section 47B of the Act, the Authorised Officer shall have due regard to the following, namely;— (3) No Sandal tee"below 50 ems with at breast heights shall he permitted to be eut; Gi) Silvieultural requirements in the ease of plantations of + sandal tees (5) In case of dectining the permission sought for, the reasons thereof” shall be communicated in writing (6) If the application is for permission for cutting or uprooting of sandal ‘ce which is dead or wind fallen or constinites a danger to life or property oF such cutting is for the purposes mentioned in sub-section (2) of section 47, the ‘Authorised Officer shall immediately forward the application to the Committee authorised by the Governiaent in this behalf. (1) The Commitee shall on receipt of the application from the Authorised, Officer inspect the land and the sandal tree mentioned in the appliation and forward a report containing their observations and recommendations to the ‘Authorised Officer within thirty days. + @)_On'receipt of the report of the Commitee, the Authorised Offieor shall, within fifteen doys, pass orders granting oF rejecting permission and in che cease of rejecting permission, the reasons thereof shall be communicate in ‘wnting 4. Funetions uf the Committee authorised hy the Goverument.-- (1) The Committee suitirised by the Government under sobeseetion (2) of setion 478.4 (a) Shall ow seveipt of an application, inspect the area, and verify enuineness of the contents of the application and convince themselves whether the sondal tree is dead, wind fallen or constitutes a danger t0 lie or propery or if such cutting is to enable the owner of the land in-which the tree Mnds to use the area cleared for construction of a building for his + 1 use ‘gal shall make s cepott with specific recomendations to the Authgrised Officer hin 2 period of fifteen days thom the dite of veceipt of the application; (lh) May cat! for additional information or assistance, if any required, Tio the Revere, Survey or Forest oicials having jurisdiction over the area ot loom the owner of the land or his authorised agent: eovded that if the additioul information sought fZorn the Revenues, Survey ‘Bares! olicials is not received within the prescribe time limit of fifteen day, Ue audlorised otticer shall proceed further based on the information furnished ‘by the applica or authorised ageat and report the uon-complignce of the * ater us the Authorities eanverneds (o) Shall verity, IF the ee has been intentionally mutilated ar uprooted witha view to obtaining permission under these rules, and shall intimate such iwvidents tthe Authorised Offieer as part of their report, 2) All the members of the Ci nites shall, as fur ae possible, take part tw the inspection. Under amavoidable circumstances iF any tember is unable {0 astiigite in the inspeetion as scheduled, the Chuieman anal the other mennbers unl venaduct inspection and forward their roport to the Authorised Officer wilh « uy Of the repart ta the member vio could sit partieipate in the inspection 5. Dispowl of sunita sree om the request of the owner--(1) Where the ‘owner af the sandal Ue in respect of which permission under these ales is baie. aes a request in weiting to the Authorised Officer under sub-section Lh of scetion 47B to dispose oF the sandal teee, the Authorised” Officer shall lke mocessary steps to dispose of such sandal tree as per the procedure avowed below, nny f%) Authorised Gtfieer shall cause to out, uproot and remove. such simdal tree under the supervision of the Forest Range Officer having jurisdictiun over the area, ag per jrocedure laid down, i the Kerata Forest Code, within one month frou the date uf roseipt of request in writing from the owner of his authorised agent, (0) Extraction oF sandal wood sball_be caried out under the pervnal anpervision af a Pocect Officer wot below the rank of A Fovestor af shored bythe Authorsed Offers(©) The dimensions and quantity of sandalwood pieces so objaincd shall be duly vertfied joimly by the owner aod the Forest Offices in charge of the extraction of sandalwood in Fors UL (2) ‘The senalvnod 30 collected shal be arranged by the Authorised Officer tobe transported to any sandalwood depot approved hy ‘he Goversment and shall be arranged 40 be disposed of thrash Dublie auction conducted by the officers authorised by the Forest Depvinent (©) The Dept Officer shall, within three" days from the dale of recep! of sandalwood in the depot. arrange to desap and clean the “candalwood and take it into stack in a separate stock register 10 bbe maintained for sandalwood from private propertier.afler ely classifying the same as provided in the Kerala Forest Code (The Depot Officer shall, within seven days feom the date of reesigh of sandalwood in the depot, intimate the Authorised Officer the dimensions. quantity and quality, class of the sandalwood so received asd average rates fetched in the proviows auctions Tor such quality elarses. (@) The “expenditure in connection with cutting, transportin esapping, cleaning and disposal of sandalwood shall initially b incurred by the Authorised Officer and the same shall be recovered from the sale proceeds of the sandalwood and the bbalance amount ofthe sale proceeds shall be pail to the owner his authorised agent (h) The Authorised Officer may, on receipt of the report mentioned in clause (1) above, release to the owner of the sandalwood. # stn which is equal to iy per cent of the valuc of the sandalwood as assessed taking into account its quantity and average rate as reported by the Depot Officer and the expenditure alreadsincurre} by the Authorised Officer for extraction and transport of sandalwood (9 Whe Depot Officer shall arrange to sell the sandalwood in public ‘auction under intimation to the owner of the sandalwood within & periad of three months from the date of receipt of the same in the depot {The Depot Crficer shall, as soon as the avetion is over, intimate the rate fetched in auetion to the Authorised Offiesr and the owner oF the sandalwood, .6 &) The Depot Officer shall, as soon as the full sale value of wre sandalwood and taxes as well a5 other dues thereon-are remitted imo Government teasury by the purchaser, intimate the Authorised Officer the particulass of sale such as quantity, raté, sak value, faxes and other dues, if any, slong with the particulars of rinitiee and expenditure incurred by him for desepping, cleaning, classification aud auction sale (1). The Authorised Officer shall, on receipt 6f the information as per clause (Ie) above, release the balance amount to the owner of the sandalwood after adjusting the expenditure incurred by the Departinent as per clause (g) and the part of the sum released a5 per clause (h. . ‘on The expenditure as per clause (g) and the payments as per clauses hy and (17 may be incurred by the Authorised Officer from the regular budget allotment for extraction of timber 2) Notwithstanding anything contained in sub-rule (1), the sandalwood so collected may also be old to any ageney epproved by the Government for this purpose at the rates fixed by the Goverment taking into sceount the satket i Guin tine to tn 6. Grunt uf leence for possessing sandaboood or sandalwood ofl.— (1) Application fur tieeave for the possession of sandalwood shall be lsuiticd io Form {UL along with a fe at she rate specified in the Schedule to the Authorised Offivet, whe shall, on receipt of such application, inspect oF ° elt juspection tw verity the yenuinensss of the contents of the ° tisfled grata licenee in Fora LV appended to these rules, weithia thisiy days from the date of receipt of the application, In case the seyticaton ie detined, the sone shall be intimated to the applicant in writing. yHcation sad if (2) Licence under sub-rule (1) for possession of sandalwood and Sundstwood oll i excess af the permitted quantity at provided andor sub-secting (1) of seein 47C ay be issued t0 thors mentioned under the first and second jaucise fo sub-sootion (1) of section A7C on payment of Hieenee f vital i the Selle ‘atthe rate7 <1. Grant of licence for transporting sandalwood or sandabwond of 2G) Application for licence for the transport of sandalwond shall he * submitted in Form Il along with a fee at the rate specified in the Schedule to the Authorised Officer who shall, on receipt of such ‘aypa.cation inspect or cause such inspection. to verify the genuineness oF the cerntents of the application and if he is satisfied, issue a licence in Porm IV appended to these rules, within thiety days from the date of receipt of the agplication. In case the epplicaton is rejected, the same shall be intimated to the sagplieaat in waiting, . (2) Licence under sub-rule (1) for transporting sandalwood and sandalwood cil in excess of pennitied quantity as provided under sub-section (I) of section 47C may be issued to those mentioned under the frst ani second Iroviso to sub-section (1) af section 47C on payment of licence fos at the rites specified in the Schedule, (3) _In the case of ficenses issued under this rule, the soute of transport shall invariably be noted in the licence with a specific instruction to get the raterials checked at the forest check posts or forest oflices enroute D (4) In granting the licence, the Aurhorised Officer shall have due regsrd to the following matters, namely:—- © capacity of the applicant to fulfill the puspose for which licence is granted with efitence to he fattoris, eqiipmnent, ‘production and suitability of promises for such business. i) past record of the applicant as a dealer oF manufacturer in the ‘business which he desires to carry on: and (ii) whether the applicant was involved it or coavieted of any offence under any of the forest laws for the time hein, in Fee. (5)_Licence-shall be granted only if the bonafide possession of sandalwood or sandalwood: oil Is proved, . (6) Where the Authorised Officer: refuses to grant licenes, he shall record reasons for the same in writing and, communicate the same to the + applicant within thirty days of receipt of the application, 8. General conditions of Licence(1) ‘The lieence granted vtvler these rules shall be valid for a period of three years u is renewed. (2) The licence shall not be transferable. (3) The licensee shall maintain up-to-date stock rogister vf sandalwood. sandalwood oi and all its by-products at the premises in Ferm V ‘or Form VI appended to these rules, as the case may be.t 41 ‘The licence, stock register and any other conneetel recurs shall beg nde available for inspeetion fo the Authorised OFficer of any Forest Officer having jusisdietion over the aten a aul when called tor: . 6H) No ficensee under these eles shall sequire, reeive, sell or offer fo als, the Sandalwood or sandalwowl oi ia any person in vielbtion oF the tems of the Meenee griared (6) ‘The Hicensee show not be involved in any forest or wildlife offence (7) A gqacctty report shall be subsitted by the licensee to the Authorised “otfver yiviny fill particulars of the ransaetions of sandalwood oF sanded oi (8) Prior permission be obtained for shifting of premises where suntahwedtsnadalwond oil is stored 49) Fivensee stall not use the sandalwood produce for purposes wer dh these specified in the ence (10) “The premises should he distinguished by a notice board conspicuously disphyed. Any elunge af place of storage should be ntilied (11) Where a ivenee is lost 4 dupticate thereof shall be iasied {0 the fhecssee by the Authorised Offer aller due veritication, The fee curgeable for tn- grat of a duplicate fice shall be one hundred rupees, 112) Vrusportation oF sandalwood from and to the Tieensed presse: sitll be eoveretl by the provisnams of the Act nail of lcetce(1) & licensee may apply in Ferm Vit for the feneswal 6 fence within tity days before the expiry of the ficeace with an scala: foe at ke rate specie on the Schedule (21 The licensing authority ny, i! he iy satisfied that there is Sntisicot rasta! to do so, emer an application fe renewal prefered up to 2 pejiod of thirty days from the date of expiry oF the existing licence and al ‘plications received afte the suid period shall be treated only a3 applications rhe bswte af fret fieonet, Ud ‘the Authorised Otfizer, on receipt of the application, shall arrange verily the reoceds saininined by the Tieeisse and make sue that the licensee fous aot siulaled say of the couditions of the ficenee, (4) ta ease, the renewal of licvace: is setused, the Authorised Officer sult provite an opportunity of being liad to the applicant or authorised agent web recon the weasons for vefising such renewal,9 t + (5) A tous extract trump the stock register shall be submitted to the ‘Authorised Onlicee in every tvaneial year by the 10s Apeit of the following ys tor hefane renew of the fieenee where ft his heen issued for past af the ye: 1 of fevnce. (1) WF One Authorised Offiver has reason thas violated any of the terms and conditions of hk. pene He has eounmitted sn offence under any of the Forest being in forve, the Authorised! Ollicer way suspend the fi prior notice to the licensee 10, Stspen thai the Hives forthe tine , 2 without yiving 12). The order of such suspension shall be communieaved in weiting indicating reasons thereof and calling fur explanation as ta why fuether proceedings for eavecllation of the license should not be initiated against the Ticensee and such explanation shall be submitted by the liceasee within Hflees days thom the date oF recsipt of order of suspension of Tieence, By lanativn offered by the licensve is found satisfactory, the Amhorised Officer may ai his discretion, sevoke the order.of suspension of Ficenece after geting the deieers netted. (4) IF the explanation offered by the Hcensee iy not foun satisfictery, the Authorised Officer shell jake further aetion For tho cancellation of Teens, H. Chncetiation of ticenee.--(1) ‘The Authorised Officer may fo. sullisient and all reasons to be recorded in writing. cancel the Fcenee gauates under rule @ aust 7 provided, ho i satisfied that the licensee has violated any of the terms and condlivions of fieenee of has committed an offence under say of the Forest laws for the Hine being in farce (2) No order of cancellation of tivence sali be peased by the Authorised Gftieer without giving « reasonable opportunity of being heard in person to the licensee and the reasins for such cancellation shall be bulinnted ia weicng 12, dppoul—-Any person aggrieved by tho decision of the Authorised Officer under these cules may prefer an appeal belive: the Government within thinly days from the date of commugication of such onder and the Gavernaneit say consider and dispose of dhe sae within « period of saty days fom ths date of recvip! of the appeal aller atfording the appellant @ reasoneble opportunity of bei 12 oF the Guvernment thera shall be final. howd and the le10 . 13, Declaration of stock of sandatwood or sandetwood oi—Ey. y person having possession of any quantity of sandalwood in excess of one Kilogram or sandalwood oil in excess of one hundred milliitre as on 44th May, 2010 shall declare end surrender such quantities of sandalw. «d of sandalwood oft before the Authorised Officer forthwith and such declaration stall be made in Form VU 14, Mainteiiance of record —{1)° Every licensee shall maintain proper record of the receipt and disposal of sendalwood and sandalwood oil in the Register maintained for that puxpose. @)_ The licensee shall produce the record for serutiny and checking of sandalwood oF sandalwood oil, whenever it is required by the Authorised Officer or any officer authorised by hit 15. Fower to search the premises—The authorised Officer or any officer ‘uthorised-by him, may, at any time, enter the premises where sandalwood or sandalwood oil ate stored by a licensee with'a view to ascertain the geruineness of the sandalwood or sandalwood oil stored. 16, Authorised Officer to take possession of excess sandalwood or sandalwood oil.—(1) ‘The Authorised Officer shall an receint of such sandalwood or sandalwood cil surrendered under section 47D in the manner provided in rule 13, ascertain the genuineness of ownership, quantity and quality of sandalwood so surrendered through any Government controlled scientific institutions/taboratories and take action to issue licence For the permitted quantity of sandalwood or sandalwood oil. (2) The Authorised Officer shall take over the exeess quantity of sandalwood or sandalwood oi! on payment of the value thereof, as may be fixed by Government fiom time to time, by cheque after deducting the working charges, transport charges and other incideotal expenses, if any, incurred for the same within fifteen days from the date of surrender. (3) The sandalwood or sandatwood oil surrendered to the Authorised Officer and for which payment has been made shall be the property of the ‘overninent ond shall he disposed of ss per rules. 12. Frocurement of sandalwood or sandutwood olf by licensees — Vi) A licensee under these rules may purchase er procure sandalwood ‘oc sandalwood oil by the following means, namely:ul () Avction sale: in the Marayoor Sandal Depot or any depai ‘owned by the Slate Government. (i) Avotion sale by any other State Government or any agency authorised by i ii) Avtborised outlets of Kerala Forest Development Corporation. (iv) Any oiher agency nofilied by the Government By order of the Governor, San Perens + Principal Secretary to Governoset. Explanatory Note (This does not form part of the notification, but is intended to indicate ts general purport.) ‘The Kerala Forest Act, 1961 (4 of 1962) has been amended by Act 8 of 2010 to incorporate special provision for the protection of sandal trees and also penal provisions for offences related to smuggling, storage and transport of sandalwood. Section 20 of tho Kerala Fovest Act, 1961 (4 of 1962) empowers the Government to make rules for carrying out the purposes of the Act. “The notification i intended to achieve the above obj2 Foe 1 [See Rule 3 (19) APPLICATION FOR PERMISSION TO CUT. UPROOT, REMOVE OR SE! SANDAL TREES UNDER SECTION 478, F Namo and ndeless| 2. Sketch of the Jand with Sy. No. exignt and location of thee Villoger Taluk Block a 4 Proof of gwnership . S List of Gees to he cut vith airth 9¢ breast height and approsinats Height in meters 5 Purposetreasen for ening the tree's loc: Pre: Dectaranion [hereby declare that the information finished abewve is true 10 the best of ny knovsledge and belief. | undertake fo comply with the conditions, subject to ‘wbieh permission be grinted by the Authorised Office. Sigiature of the applica For office use (@) Date of receipt 8F epplication (0) Date of tezeipt of repost of the Commitee (6) Date of roceipt of additional infomation Order Of the Authorised Officer No. Date + Place: + Date Authorised OfficerB Poe [Ske Rule 5 (1) Ke} 7 °KNOWLEDGEMENT FOR RECFIPE OF SANDALWOND POR DISPOSAL J. Name and address Sy. No. and extem of land there the tree stands VilayerTauie Boek No, and dite oP Forse 1 permit Details of sandatwood collected before cleaning and desapy Length Ginh Siguaure af the Owner Siynuture uf the Officer receiving Sundatcmnt Mone auc! Designation Place DarTo », 4 Pore HL {See Rule 6 (1)} APPLICATION FOR LICENCE ‘The Authorised Officer ‘Name (in block leters) Percuanent address Brief description of prod Quan Dalais regauding procurement of Sandatwood/Sandalweod Oil Puspose for which the Sandahveod! Sandalwood Oil is to be 1 case of transportation (2) Destination retained (0) Name and address of recipient (©) Pupose ‘Amount credited towards cchaian, cheque/DD date ‘Treasury/Bank Ticence fee and id name of the Whether convicted under any offences under the forest laws, {named do snd are te the best 90 give details DECLARATION hereby devlare that the particulars given above ‘of my knowledge and belief Signature of the Applicant“AS Fors IV [See Rule 6 (1) and 7 (9) 7 LICENCE FOR POSSESSION/TRANSPORT OF SANDALWOOD! SANDALWOOD OIL, “The Authorised Off}ce 0 (Designation), under the provisions of the Kerala Forest Act, (961 (4 of 1962) hereby grant vente £0 YOR. mnt possess/irangport sandalwond/sendalwood oil specified in the schedule below, ‘daring the period from... io ve Subject 10 the conditions anc sipuletions observed by you the said licensee. CONDITIONS {@) The Licence is not transferable = () Licensee, except Government or Public Seotor Under- | “Ooo Takings owned by Government, shall not disintegrate or latempt to disintegrate sandalwood, in mills or by ether Contrivanice, monufaeture or extract or attempt to) L——-——+ manufacture or extract oil from the sandalwood for ‘which this licence i granted. (©) Bonafied consumers shall maintain register and enter details of Stock and daily sage, Licensee shall submit a monthly return 10 the ‘Authorised Officer before the 0th of every suecesding month. (@) The Authorised Officer shall suspend or cance! this ficense if he/she is Satisfied that the licensee has coatravened or failed co comply with the above conditious. However, the licensoe shall be heard before such cancellation oF suspension of licence. s fe) Route (Spocily the Forest Wateh/Cheeking, 0 sevnenther conditions if any) a _ Scumpute _ Si} pret | Weaeuonen | Pace | Paros for | (o|Deseriqion of |QvaniyiNo, of | where | which i isto = ‘woduce oces | moved | be wed to lL — Detais of fee remit Date: The swndalwood materials should be you eh Notes stations envoute iavariablyj= Fone 80 (Seana 03 FoR OF rock ciSTER FES fame ines breGenie APPLCSTION FOR RENEWAL OF LICENCE FOR. SOSSESSIOWTRARGDORT OF SANDAL ‘SANOKLNOGD OL OR SanOaLtODD FRODUCE SS ‘ae Ahr te, | tages | — ttn bs yep reo nse fe ke paced semen ifs Hong werner ott tana) pe Weetesonems |e mameee | satan |e | Deni | Se ey ([Ceteaor” P| ve | cy ei the nfmtin gt shave coe Hen oF ny toes bala?|Seaal pe i i Bi) ox ina T T DECLARATION casei ane owe let te natin Se iv ete ny Lavi Pe Sivan of be pe mt srt (Sr Rae 7 a 9 ATES OF FES FOR LICENCE ANO RENWAL OF LICENCES FOR VARIOUS CATEGORIES OF LCBSSEES Coma af Snes ws eset ante