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असाधारण

EXTRAORDINARY

प्राͬधकार से प्रकाͧशत

PUBLISHED BY AUTHORITY

Part II - Section 3

केन्द्र-शाͧसत प्रदेश लद्दाख प्रशासन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

OFFICE OF THE PRINCIPAL SECRETARY, FOREST, ENVIRONMENT AND ECOLOGY.

Notification,

Leh, the 3^rd of May, 2023

S.O. 26 In exercise of the powers conferred by section 76A of the Indian Forest Act, 1927 (16 of 1927), the

Lieutenant Governor, Union territory of Ladakh is pleased to make the following rules, namely: -

1. Short title, extent and commencement — (1) These rules may be called the Union territory of Ladakh

Forest Produce (Storage and Depot) Rules, 2023;

(2) These rules shall apply to whole of the Union territory of Ladakh except the Depots established by the

Government Departments and Government undertakings.

(3) These Rules shall come into force from the date of its publication in the Official Gazette;

लद्दाख, 03 मई, 2023

LADAKH, WEDNESDAY, MAY, 03, 2023

भारत सरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-15052023-1195

SG-LD-E-15052023-1195

2. Definitions.- (1) In these rules, unless the context otherwise requires, —

a. "Act” means the Indian Forest Act, 1927 (16 of 1927);

b. “Administration” means the Administration of Union territory of Ladakh;

c. “Depot” means a place where forest produce is stored by any person or institution or a joint concern

for the purpose of trade or any temporary use for trade purposes

d. “Divisional Forest Officer” means the Divisional Forest Officer having territorial jurisdiction over

the area concerned;

e. "Forest Produce" means the forest produce listed in Schedule-I

"Form" means a form appended to these Rules.

g. “License" means license prescribed under these Rules.

h. "Principal Chief Conservator of Forest/ Chief Conservator of Forests” means an officer

holding the charge of the Principal Chief Conservator of Forests, UT of Ladakh and Chief

Conservator of Forests holding Territorial Forest circle concerned.

“Schedule” means the Schedule appended to these rules;

“Trade" means business carried as a means of livelihood or profit.

k. "Union territory” means the Union territory of Ladakh.

(2) All other words and expressions used but not defined in these rules shall have the same meaning as

assigned to them in the Indian Forest Act, 1927.

3. Application for License. - Any person or institution desirous of setting up a forest produce depot shall

obtain a license from the Divisional Forest Officer in Form 2 (Appendix I) giving full particulars (In Form-

I- Appendix I) of land, khasra.no. Municipality, Tehsil, block, and the extent and title deed registered in

his/her favour or any person from whom he has leased it.

4. Procedure for grant of License. - (1) On receipt of an application in Form 1, Divisional Forest Officer shall

make such enquiry as one deems fit, and after satisfying oneself as to the genuineness of the need etc., may

grant a license in Form-2 for a period not exceeding three years at a time (2) Every application shall be

accompanied by a fee of Rs. 500/- for grant of a license or its renewal. Divisional Forest Officer can reject

application and refuse to grant a depot license for reasons given in written. Applicant can make an appeal to

Conservator of forest/ Chief conservator of forest within 30 days of rejection of application by Divisional

Forest Officer. Decision of Conservator of Forest/Chief conservator of Forest can be challenged by an

appeal before Principal Chief Conservator of Forests (PCCF) within 30 days. Decision of Principal Chief

Conservator of Forests (PCCF) shall be final.

5. Security Deposit. - (1) The licensee shall on being required to do so by the Divisional Forest Office, and

before the issue of license make a deposit in favor of Divisional Forest Officer a minimum amount of Rs.

1000/- but not exceeding Rs. 10000/- as security deposit towards due observance of provisions of the Act, and

the rules made thereunder. (2) The discretion of fixing the amount of security deposit in each case shall vest

with the Divisional Forest Officer, who shall take into consideration the nature and quantities of Forest

Produce to be stored.

6. License granted subject to the provisions of rules. - Every license granted under Rule 4 shall, subject to the

provisions of Rule 11 and Rule 13 of these rules.

7. Renewal of registration: The Divisional Forest officer, may on application made to him (before the expiry

of the existing license] may renew the license granted under Rule 4 for a further period not exceeding three

years at a time.

8. Register to be maintained. - (1) All transactions involving receipt storage and disposal shall be recorded in

two separate registers in the proforma prescribed in Form-3A and 3-B separately (Appendix-I) (2) Every

license holder shall submit annually, an abstract of the proforma to the Divisional Forest Officer through

Range Officer concerned, before the 30^th of April of every year, failing which he shall be liable to pay a

penalty as prescribed under Sub-Section (2) of Section 76A of Indian Forest Act, 1927 of default which shall

be levied by the Divisional Forest Officer. In the event of non-payment of the penalty so levied it shall be

adjusted from the security deposit and the security deposit shall be replenished to original amount within 30

days, failing which the depot license shall stand temporarily suspended till the security deposit is replenished,

to its original amount.

9. License not transferable. - The license granted under these rules shall not be transferable, unless permitted in

writing by the Divisional Forest officer.

10. Power to enter the Depot. - All Officers of Forest Department of and above the rank of a Forest Guard shall

have the power to enter into any depot for the purpose of inspection and securing compliance with these rules.

11. Conditions regulating use of depot permits- An owner of the depot to whom permission has been given under

Rule 4 shall abide by the following conditions, namely:

(a) One shall not bring or store at his depot any forest produce-

which does bear valid property mark and/or hammer mark as the case may be;

ii.

Whose transit from the source of collection or origin up to the depot is not covered by transit

permit issued by any forest Department.

(b) The transit permit referred to in clause (a) shall be retained by him up to six months from the date of

complete disposal or removal from the depot of all the forest produce brought under such permits and

shall be produced for inspection within that period on demand by a forest officer having jurisdiction.

by a depot permit signed by himself or by his authorized agent.

(d) One shall obtain the depot permits on payment from the Range Officer in whose jurisdiction

the depot is located on payment of price fixed by the Chief Conservator of Forests. Each depot

permit shall bear the official seal of the Divisional Forest Officer of the Division.

(e) One or One’s authorized agent, as the case may be, shall issue the original permit to the person

removing the forest produce and send the first carbon copy to the Range Officer having jurisdiction

within a week of issue of the permit and retain the second carbon copy for his record. All corrections or

rewritings shall be duly attested by the person issuing the depot permit.

(f) One shall return the permit book containing the fourth carbon copy as soon as it is completely used up

or after the forest produce for the removal of which the permit book was issued, is disposed of,

whichever is earlier. On cancellation of the permission under Rules 13, all partially used permit books

shall be returned to the Range Officer and receipt obtained to this effect from him.

(g) The permit book issued for a particular forest produce shall be used only for that produce. The permit

book is not transferable and shall be used only by the person to whom it is issued or by one’s

authorized agent.

12. Sale Hammer Mark - (1) every person having a registered depot shall register One’s sale hammer mark

in the office of the Forest Division in which the depot is situated. No fee shall be paid for the registration

of the sale hammer mark.

(2) The registration of a mark under this rule shall be valid for a period of 3 years from the date of such

registration.

(3) 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.

13. Cancellation of the license on contravention of the provisions. - (1) Notwithstanding anything in the

foregoing rules, the Divisional Forest Officer may, where One has reason to believe that a licensee has

contravened the provision of Act or any rule made thereunder, at any time, revoke the license granted under

these rules, after giving the licensee an opportunity of being heard. (2) For any violation of the provisions of

Act, or the rules made thereunder by the licensee, the Divisional Forest Officer shall be competent to seize

and confiscate any forest produce together with machinery, implements, and equipment which might have

been used in the commission of the offence. (3) In case of violation, where it is not proposed to either revoke

the license or seize and confiscate the produce etc., the Divisional Forest Officer shall be competent to impose

a penalty as prescribed under Sub-Section (2) of Section 76A of Indian Forest Act, 1927. (4) All penalties

levied shall be paid by the licensee within thirty days from the date of dispatch by Registered post of the order

of the notice or demand for payment. In case of failure to pay the penalties in time, the same will be adjusted

from the security deposit, which shall be replenished immediately. The license granted shall be deemed to be

inoperative until such time the license replenishes the adjustments in the security deposit. (5) In the event of

revocation of license under sub-rule (1) or seizure and confiscation of Forest produce together with machinery

implements etc. under sub-rule (2) the Divisional Forest Officer shall be competent to forfeit security deposit

either in part or the whole.

14. Appeal and Revision. - (1) Any person aggrieved by the orders of Divisional Forest Officer may within thirty

days of the service on of the order prefer an appeal to the Chief Conservator of Forests, who shall hold or

cause to be held such enquiry as he deems fit and after giving an opportunity of making a representation to

the appellant pass an order, as he deems fit. (2) Any person aggrieved by an order of Chief Conservator of

Forests or passed under sub-rule (1) may within thirty days from the date of receipt of the order prefer

revision petition to the Principal Chief Conservator of Forests, who may pass such order as he deems fit, and

such order shall be final.

By Order of the Lieutenant Governor, Union Territory of Ladakh.

(Dr. Pawan Kotwal IAS)

Principal Secretary,

Forest, Environment and Ecology

PAWAN

KOTWAL

Digitally signed by

PAWAN KOTWAL

Date: 2023.05.03

17:55:10 +05'30'

AJEET

KUMAR

SAHU

Digitally signed

by AJEET KUMAR

SAHU

Date: 2023.05.15

18:07:35 +05'30'

SCHEDULE — 1 - Vide Rule 2 (1) (e)

2. Timber obtained from the following tree species: #

Name

•

Deodar (Cedrus deodara)

•

Kail {Pinus wallichiana)

•

Fir {Abies pindrow )

•

Spruce {Picea smithiana )

•

Chir (Pinus roxburghii )

•

Walnut {Juglans regia )

•

Ash (Fraxinus floribu,nda )

•

Box (Buxus sempervirens )

•

Maple (Acer spp)

•

Bird cherry (Prunus padus )

•

Toon {Toona ciliata )

•

Elm ( Ulmus wallichiana)

•

Imported Conifers like Russian kail, Malaysian Kail, Japanese Kail etc

•

Populus deltoids

•

Tectona grandis

•

Delbergia sissoo

•

Robinia pseudoacacia

3. Morchella spp. (Morels)

4. Aconitum spp.

5. Podophyllum spp.

6. Picrorhiza spp.

7. Trillium spp

8. Nardostachys spp

9. Taxus spp

10. Valeriana spp

11. Rheum spp

12. Valeriana spp

13. Rheum spp

LADAKH GAZETTE : EXTRAORDINARY 8

Appendix I

Form 1 [See Rule 4 (1)]

Form for Application of a License

1. Name of the applicant

2. Full address of the applicant with title deed of the site duly registered in his name or copy of registered lease deed

of site executed in One’s favour.

3. Sources from where the forest produce is to be obtained

4. Place where the applicant proposes to keep the forest produce (A Sketch should be enclosed)

a. Khasra No.

b. Village

c. Tehsil/ Block/ municipality

5. Quantity and description of Forest produce which is likely to be stored

6. Details of payment of application

Dated:

Place:

Signature

LADAKH GAZETTE : EXTRAORDINARY 9

Form 2 [See Rule 4(1)]

License for Setting up a Forest Produce Depot Division

1. License number

2. Name of licensee

3. Address of licensee

4. Place in which the Forest Produce is to be stored:

a. Khasra No.

b. Village

c. Tehsil/ Block/ municipality

5. Type and maximum quantity of Forest produce permitted to be stored

6. Period of license From to Station

Date:

Signature of Licensing Authority and Designation

LADAKH GAZETTE : EXTRAORDINARY 10

Form 3A (Form of Register showing the receipts of Forest Produce in Depot)- Rule 8

Date of

receipt

Details of forest produce received in

the depot

Species

Quantity of Forest Produce

(Class/ Nos. in case of

poles/Bamboos, Tonnes in

case of Fuel wood)

Quantity

of sawn

sizes

obtained

if sawn

Cum /

mt.

Remarks

Source

T.P No.

Date

Issued by

Nos.

Cum / mt.

LADAKH GAZETTE : EXTRAORDINARY 11

Form 3B

[See Rule 8]

Form of Register Showing the Disposal of Forest Produce in Depot

Date of

disposal

Species

Details of Forest Produce disposed off

To whom

disposed

destination

Remarks

(Cash Bill

No. etc.)

Nos.

Cum/ mt.

Permit

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”