Establishment of Sale Depots and Sawing Units Rules, 1975

N.W.F.-P. Establishment of Sale Depots and Sawing Units Rules, 1975 [11th FebruarJ 1916J No. SOFT (FAD)• V-168/71 (h).-Tbe following rules, which the Government of the North-West Frontier Province propost: to make in exercise of the powers conferred by section 3 of the Puojab Forest (Sale of Timber) Act. 191.3 (Punjab Act, III of 1913) and in supersession of atl previous rules in this behalf, are published as required by sub-section (2) of section 3 of the said Act, for ioforma• tion of the persocs likely to be affected thereby and notice is hereby given that the draft, with any objections aed suggestions, which may be received by the Secretary to'Governmeot of North-West Frontier Province, Food and Agriculture Depart ment, within a period of 30 days from the date of its publication in the Official Gazette, shall be taken into consideration after the expiry of the said period : 1. Sltort tltle.-(1) These rules may be called the North-West Frontier Province Establishment of Sale Depots and Sawing Units, Rules, 1975. (2) They shall come- into force at once. 2. Deft■lllo■ .-Io these rules; (I) "Timber." includes only the following kinds : Dcodar (C••riu deodara), Vernacular deodar Diar : Bule-pioe (Plnus ,xcelu}, Vernacular Kail under. Aoaoder, Biar, Cbir-pine (Pinus roxburghli) Vernacular Cbil : Spruce (Picea Morinda). Vernacular tos. Parto) : Silver fir (Ablu plrrdtow), Vernacular rai, Partol ; (II) '"depot•• means any building or place! where ·timber is' brqught, cut. sawn or fashioned or stored for sale and includes a Saw Mill ; (Ill) "Division" means Forest Division having jurisdiction over the area wl;lere timber depots or Sawing Units are estiablished under these rules ; (If) "Government" means the Gov~rnment of the North-West Frontier Province. 3. Tract to which these rales are appllcable.-These rules are in addition to and not in derogation of River Rules made under the provision of section 4li of the.Forest Act, 1927 (Act XVI of 1927). and section 29 of the Hazua Forest Act. 1936 (North-West Frontier Province Act. VI of 1937). 4. No person all establish or rnaintaio and depot or a Saw Mill unless it is rcaiatcrred in accordance with these rules., 5. (J) Ar.y P.eron wishing to e1tablish or maintain a depot or a Saw Mill aball reaister the same in the Office of the Forest Division lo which the depot N.W.F.-P. Establishmt:'rtl of Sal:: Depot, & Sawing unlU Ruin 1915 63 or the Saw Mill is situated, aod shall give in respect of such depot or the Saw Mill such d~tails in regard to origin of timber as may be required by the Con i;ervator or Forests. (2) Each depot or a Saw Mill registered under these rules shall be assigned a number by the registerina officer. 6 A period of six months shall be allowed to the owners of depots or Saw Mill, which are in existence on.the coming into force of these rules, to apply for the registration of their depots or Saw Mills : Pwvided that no depot or Saw Mill in existence on the coming into force of these rules in the Municipal limits of ~avelian, Dargai, Kh11.irabad, Peshawar. Tall, Kohat, Banou, Dera Ismail Khan, Mardao and Tank shall be refused registration. 7. (1) Save as provided in rule 7, th:, Officer lncharge of a Forest Division may, for reasoas to be recorded in writing, refuse to register ; (a) anv existing depot or Sa~ Mill, the owner or other person incbarge whereof has been found processing illicit timber on two or more cases ; or (/>) any new depot or Saw Mill : Provided that no such order shall be made unless tbe owner of the depot or the Saw Mill concerned has been given an opp.1rtunity of being heard. (2) Any person aggrieved by ao order made under sub-rule (l) may, with in 30 days of such order prefer an appeal to the Deputy Commissioner of the District concerned. Explanation. In computing the pi;:riod of 30 days in sub-rule (2) the day on which the order sought to be appealed again&t was made, and the time re quisite for obtainina a copy thereof, shall be excluded. (3) The Deputy Commissioner shall not confirm, modify, alter or set aside any :order appealed against, except after aivina the parties an opportunity of being heard. (4) The decision of the Deputy Commissioner on an appeal under this rule shall be final. 8. No depot or a Saw Mill shall be es{ablished, maintained, run or registered between tbe Forest and Check Posts/Barriers of the Forest Depart ment: Provided that the Forest Contractors, during tbe currency of their contract and Government owned deposts/Saw Mills sllall be exempted from the opera tion of this rule : Provided furtber that industries recogn;s..:d by Government may subject to such special arrangements as the Divisional h)fest O1D.cer considers necessary for tbe purpose of checking, also be exemrtd from th:! operation of this rule. !he incidence of such special arrangc:meots, if any, shall bi! b;:,rae by tte mdustry concerned. 9. The fee for registr3tion an:l for annuJ! renewal shall t-e Rs. 100·00 64 N.W.F,•P &tabll1hm1,st of Sal, Dep.t, & Sowl,sf 11nlt1 Rules 1975 10. Every person havio1 a registered depot shall register bis sale hammer• mark in the Office of the Forest Division in which the depot is situated. No fee shall be charged for the registration of the sale hammer-mark. 1 t. No person shall be allowed to register a mark already registered in favour of another person, or a mark used by Government. The ~fficer incharge of a Fordt Division may refuse registratioo of i,ny mark which in his judgement to closely resembles- a mark used by Government or registered in favour 0f any other person as to be easily altered to counterfeit such mark. 12. The registration of mark under rule 10 shall hold good for a period of tbr~e years from the date of such re1istration. 13. Tte owner or person incbarac of a reaistered depot or a Saw Mill may. at the discretion of the Divisional Forest Officer be required to maintain cor• rectly either or both of the following forms : (I) A register of receipts of timber, sbowing ,J. Dale of receipt. 2. 3. Name of person from whom received. 4. Whence received. Species. 5. Marks. 6. Number of logs or pieces with sizes. 8. Remarks. 7. Description. (ii) A r~gister of sales and removals of timber, showing 1. Date of sale. 2. Date of removal of timber from depot. 3. Name of person to wbo·m sold or made over. 5. Species. 7. Numbers, size and volume. 9. Remarks. 4. Destination. 6. Marks. 8. Description 14. Every owner or person incharge of a registered depot or a Saw Mill shall produt'e the registers specified in rule 13 for scrutiny when called upon to do to by the Divisional Forest Officer or an Officer of the Forest Department euthorieed by him. or a Police Officer authorised in this behalf by the Superin• tendeot of Police Such Officer may at any time between su.nrise and sunset enter a registered depot for such purpose. 15. No 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. 16. Sale hammer marks shall be surrendered to the Divisional Forest Officer on the cancellation of any registration (lr on demise of the owner of the mark in whose name it bas been regiJtered. 17. No timber shall be removed from any registered depot or a Saw Mill unless accompanied by a form of transport approved by the Conservator of Foresta • . 18. Whoever infri11ge~ any of lthese rules shall be punishable with im pmonment for a term which may extend to five hundred rupees or with both. Double penalties may be inflicted where the offence is committed after sunset and before sunrise, or after preparation for resistence to lawful 11uthority or if tte offec;ccr bas. been previously convicted of any offe.nce uo·der these rules.