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Puducherry Gazette · Government of Puducherry

The Puducherry Wood Based Industries (Establishment and Regulation) Rules, 2021.

Published 30 November 2021

Department
CHIEF SECRETARIAT (FORESTS)
Type
Extraordinary
Gazette no.
49
Part
II
Category
ORDENOTIFICATION
Identifier
in.gazette.puducherry.2021-11-30.extraordinary-ii-issue-49
Languages
English, Tamil, French
Published at
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La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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®ı Amflºƒˆ ÿƒÀkVF¬˛wÁ\ 2021 } ÂkD✓Ï | 30 { No. 49 Poudouchéry Mardi 3 0 Novembre 2021

No. Puducherry Tuesday 30th November 2021

(9 Agrahayana 1943)

GOVERNMENT OF PUDUCHERRY

CHIEF SECRETARIAT (FORESTS)

(G.O. Ms. No. 21/Forests, Puducherry, dated 26th November 2021)

NOTIFICATION

In exercise of the powers conferred under section 76(d) of the lndian Forest Act, 1927, (Central Act 16 of 1927) and in supersession of the, 'Puducherry Establishment and Regulation of Saw Mills and Wood Based Industries Rules, 2005', notified vide G.O. Ms. No. 34/Ag., dated 22-12-2005 of Chief Secretariat (Agriculture), Puducherry, save as respect things done or omitted to be done before such supersession, the Lieutenant-Governor of Puducherry, hereby makes the following Rules to regulate and monitor the Saw Mills and Wood Based Industries in the Union territory of Puducherry, namely:-

[ 1015 ] 1016 LA GAZETTE DE L'ETAT [PART–II

1. Short title, extent and commencement.— (i) These Rules may

be called, "The Puducherry Wood Based Industries (Establishment and

Regulation) Rules, 2021".

(ii) They shall extend to the whole of the Union territory of

Puducherry.

(iii) They shall come into force from the date of their publication

in the Official Gazette of Puducherry.

2. Definition.— (i) In these Rules, unless the context otherwise

requires,-

(a) 'Furniture unit' means, plants and machinery and the

premises including the precincts thereof in which or in any part thereof

where wood based finished products are manufactured using sawn

timber, cane, bamboo, reed, plywood or any other wood based product,

except a round log, outsourced from licensed wood based Industrial

Units or other legitimate sources and operating without a band saw or

re-saw or circular saw of more than thirty centimetre diameter.

(b) 'Industrial Estate' means, areas notified by the Government

of Puducherry for establishment of Wood Based Industrial units.

(c) 'Licence' means, a licence granted under these rules.

(d) 'Principal Chief Conservator of Forests' means, a Forest

Officer of the rank of Principal Chief Conservator of Forests in

Puducherry and it will also include an officer designated as Head of the

Forest Department where no post in the rank of Principal Chief

Conservator of Forests exists.

(e) 'Round log' means, a piece of wood in its natural form,

having mid girth of thirty centimetre or more under bark and it includes

such round log even after it bark has been removed or it surface has

been dressed, manually or by using a band saw or any other machine or

equipment to make its cross section square or near-square for the

purpose of ease in its transportation and/or storage.

(f) 'Saw Mill' means, plants and machinery in a fixed structure

or enclosure, for conversion of round logs into sawn timber.

1017

PART–II] LA GAZETTE DE L'ETAT

(g) 'Sawn timber' means, beams, scantlings, planks, battens and

such other product obtained from sawing of a round log.

(h) 'State Level Committee' means, a Committee constituted by

the Government of Puducherry under Para 3(2) of these rules.

(i) 'Net Inter-State Import of a timber for Wood Based

Industries' means, three years moving average of the net quantity of

such timber actually imported in Puducherry during the latest three

calendar years.

(j) 'Veneer Mill or Plywood Mill' means, plants and machinery

and the premises in which or in any part thereof, conversion into

required size, licing, peeling, fashioning or easoning of timber/wood,

including preservation and treatment thereof either by mechanical or

chemical proce with the aid of electrical or mechanical power or manually.

is carried out.

(k) 'Wood Based Industry' means, any industry which

processes wood as its raw material (saw mills/veneer/plywood or any

other form such as sandal, katha wood, etc,).

(l) 'Year' means, a financial year from 1st day of April to 31st

day of March of the following year.

(ii) Words and expressions used but, not defined under these

Rules and defined in the Indian Forest Act, 1927 and the Rules

framed thereunder shall have the meaning assigned to them in

the Act or Rules.

(iii) In case of any dispute regarding interpretation of any

word or expression, the decision of the Secretary to Government

(Forests) shall be final.

3. Constitution of State Level Committe for Union territory of

Puducherry.— (1) A State Level Committee shall be constituted to

perform the functions stipulated in these rules.

1018 LA GAZETTE DE L'ETAT [PART–II

(2) The State Level Committee shall consist of the following:

(a) Conservator of Forests, Puducherry. Chairperson
(b) A Representative of the Regional Office of the Ministry of Environment, Forest and Climate Change. Member
(c) Director/Additional Director of Department of Industries and Commerce, Puducherry. Member
(d) Director of Agriculture and Farmers Welfare, Puducherry. Member
(e) An Officer from the Revenue Department not below the rank of Deputy Collector. Member
(f) Deputy Conservator of Forests, Puducherry. Member- Secretary.

(3) The State Level Committee (SLC) shall meet at least once in

three months.

(4) The quorum of the State Level Committee meeting shall be

atleast fifty percent of the Members.

(5) The State Level Committee will invite one representative of the Industry nominated by the Saw Mill Association as a special invitee to each and every meeting of the State Level Committee.

4. Power and Function of the State Level Committee.— The State

Level Committee shall,-

(i) assess the availability of timber in Puducherry by way of appropriate study on demand and supply as and when it decides. The State Level Committee shall devise suitable mechanism for sustainable use of timber in a way that does not affect the forest of the area adversely.

(ii) approve the name of wood based industries which may be considered for grant of fresh licence or enhancement of the existing licensed capacity in case the State Level Committee is satisfied that timber is available legally for the said new Wood Based Industries (such as Trees outside forest, Forests, etc.).

1019

PART–II] LA GAZETTE DE L'ETAT

(iii) ensure that the amount lying with the Forest Departments (recovered from Wood Based Industries) is utilized for the purpose of afforestation only.

(iv) examine and make appropriate recommendations or any other matter referred by the Government to the Ministry of Environment, Forest and Climate Change.

5. Estimated annual consumption of timber by wood based industries.— (i) For the purpose of assessing the timber requirement of the Saw mills, they may be divided into.

(a) Saw mills upto 10 H.P.; (b) Saw mills between 10 and 20 H.P.; (c) Saw mills between 20 and 40 H.P.; (d) Saw mills between 40 and 60 H.P.; and (e) Saw mills above 60 H.P.

The annual requirement of round log for Saw mills of different capacities may be fixed by the committee based on the technical data or as per the formula given below:-

(a) Saw mills of 10 H.P. and below: 540 cu.mt. (Base value).

(b) Saw mills between 10 and 20 H.P.: 810 cu.mt. (1.5 times

the base value).

(c) Saw mills between 20 and 40 H.P.: 1080 cu.mt. (2 times

the base value).

(d) Saw mills between 40 and 60 H.P.: 1620 cu.mt. (3 times

the base value).

(e) Saw mills above 60 H.P.: 2160 cu.mt. (4 times the base

value).

(ii) The Timber requirement for plywood units as assessed by Indian Plywood Industries Research and Training Institute (IPIRTI), Bangalore is given in Annexure-I.

(Please append Annexure-I as available in Central Guidelines)

6. Restriction on location of wood based industries.— (a) In respect of distance from the boundary of nearest notified forests or protected areas, wood based industries shall be allowed to operate as per State-specific order/any specific order/Directions of the Hon'ble Supreme Court/Hon'ble High Court of Judicature at Madras/Central Empowered Committee or beyond ten kilometers of aerial distance from the boundary of nearest notified forests or protected areas excluding roadside/railway side/canal side plantations, whichever is less.

1020 LA GAZETTE DE L'ETAT [PART–II

(b) A Wood Based Industry can be established in an Industrial Estate or Municipal area, irrespective of the aerial distance from the boundary of nearest forest or protected area.

7. Grant, renewal and revocation of a licence to a wood based industry.— (i) No licence to a wood based industry shall be granted or renewed without obtaining prior approval of the State Level Committee. However, a State Level Committee may delegate the power of renewal of licence to a wood based industry to the Deputy Conservator of Forests/ District Forest Officers of the concerned Forest Division.

(ii) Any person desiring to establish, erect or operate any existing wood based industry shall make an application in that behalf to the Deputy Conservator of Forests/District Forests Officer, Department of Forests and Wildlife, Puducherry, concerned for obtaining a licence in the Form-I appended to these Rules.

(iii) After receipt of the application to establish or erect wood based industry or renewal of licence to existing wood based industry, the Deputy Conservator of Forests/District Forest Officer shall submit the application to the State Level Committee with due recommendation/ remarks.

(iv) The State Level Committee may maintain a separate list of wood based industries working solely on the timber imported from international market. The State Level Committee shall issue Licence in the prescribed Form as in Form-II. The licence to such industries shall specifically contain a condition to the effect that such units shall not be allowed to use timber produced in Country. If in future, the said units want to use timber produced in the Country on account of abundant availability, they shall seek specific permission from State Level Committee to do so. The State Level Committee will ensure that the interests of the units domestic produce are protected. Fresh licence can be granted by the Committee for units which operate solely on imported raw material irrespective of the result of wood availability assessment in the Union territory of Puducherry.

(v) The licence granted to a wood based industry shall be valid for five years, from the date of such issue or renewal of License. However, notwithstanding anything contained in the Wood-Based Industries (Establishment and Regulation) Guidelines, 2016, the Licensing Authority may where there are reasons to believe that the 1021

PART–II] LA GAZETTE DE L'ETAT

Licensee is operating the wood based industry in contravention of the provision of the guidelines or conditions of Licence or these rules or any other Rules framed by the Government of Puducherry in this behalf or is in activities prejudicial to the interest of forest conservation or public interest, at any time after giving one month notice, revoke the licence granted to such wood based industry.

(vi) Application for renewal of licence granted to a wood based industrial unit shall be made at least three (3) months before the expiry of validity period.

(vii) Transfer of licence on sale/succession, etc., shall be done

only with the approval of the State Level Committee.

(viii) The State Level Committee shall fix the fee for license and renewal of licence of wood based industry and also fix the fee for running the furniture unit in the licensed saw mill premises.

(ix) The State Level Committee shall issue renewal of Licence

as in Form-III.

8. Appeal against the decision of the State Level Committee— (i) Any person aggrieved by any decision taken by the State Level Committee may file an appeal before the concerned Regional Office of the Central Government in the Ministry of Environment, Forest and Climate Change seeking appropriate relief within 60 days' time.

(ii) Head of Regional Office shall within 60 days offiling appeal

pass the appropriate Order.

(iii) If, for any reason, any person is aggrieved by the orders so passed in the appeal, he may prefer an appropriate petition/ application/appeal in the High Court having jurisdiction over the Union Territory.

9. Records to be maintained by wood based industries.— Each wood based industry shall maintain and regularly update records as per the formats, prescribed by the Department of Forests and Wildlife, Puducherry.

(By order of the Lieutenant-Governor)

M. GANESAN,

Under Secretary to Government (Forests).

1022 LA GAZETTE DE L'ETAT [PART–II

ANNEXURE-I

ASSESSMENT OF TIMBER REQUIREMENT

The Indian plywood Industry Research and Training Institute

(IPIRTI) Bangalore, an Autonomous Body under the Ministry of

Environment, Forest and Climate Change has assessed the timber

requirement per unit for peeling length of 4 feet and 8 feet size in the

plywood/veneer units as 5 cu.mt. and 11 cu.mt. respectively, per day on

an average of 8 working hours per day. By assuming that the peeling

units work for 8 hours per day on an average for 300 days in a year the

normal timber requirement of the peeling length of 4 feet size in veneer

units is 1,500 cu.mt. The total timber requirement for the stand alone

veneer units may be assessed by calculating the equivalent number of

4 feet length machine and by taking its normal installed capacity as 1500

cu.mt. per annum.

The timber requirement of a plywood unit may be taken as 'nil' on

the ground that the round timber is used as timber in the veneer units

only and that the plywood units are the secondary users which use the

veneer as the raw material produced by the veneer units. The plywood

units use presses of arious sizes such as 8x4x6, 8x4x12, 8x4x15, 4x4x7,

4x4x10. A 8x4x10 capacit press can size per hour and so on. The

normative installed capacity of the plywood units will accordingly

depend upon the number and the type of presses. This number and type

of presses installed in each of the plywood unit may be assessed and

thereafter equivalent number of presses of 8x4x10 capacity may be

calculated. The normative annual timber requirement for a integrated

plywood unit having a 8x4x10 capacity press may be taken as 2,000 cu.mt.

per annum, and accordingly the total requirement of timber for the

plywood units should be calculated.

1023

PART–II] LA GAZETTE DE L'ETAT

APPENDIX

FORM-I

[Under Rule-7(ii)]

To

The Deputy Conservator of Forests/District Forests Officer,

Department of Forests and Wildlife,

Puducherry.

Subject : Application to erect tablish a Saw Mill/Wood based

Industry/Furniture Unit in the Saw Mill premises.

1. Name

:

2. Father's/Spouse Name :

3. Residential address :

4. Contact Phone No. :

5. Name of the place where the :

saw mill/wood based Industry

is to be erected.

6. Village No.

:

7. Survey No.

:

8. Copy of the Deed/Lease :

Agreement deed.

9. Machineries capacity in H.P. :

10. Description and Type of :

machineries.

1024 LA GAZETTE DE L'ETAT [PART–II

Sl.No. Description/type H.P. :

of machinery

1.

2.

3.

4.

11. Production capacity of the :

proposed Mill in cu.mt.

12. No objection Certificate of the :

District Collector.

13. Other details, if any :

14. Whether copy of PAN Card, :

Aadhaar Card and GST

registration and Copy of location

sketch of the premises, attached.

Signature of the Applicant

Place :

Date :

Enc1 :

1025

PART–II] LA GAZETTE DE L'ETAT

FORM-II

[Under rule-7 (iv to viii)]

FORM OF LICENCE TO ESTABLISH, ERECT AND OPERATE

WOOD BASED INDUSTRY FOR CUTTING OR

CONVERTING OF TIMBER

Licence is hereby granted to Sri/Smt./Selvi. ..................................

S/o./W/o.D/o.M/s. ..................................................... represented by its

Proprietor/Partner/Director/ Sri/Smt./Selvi. .................................... resident

of (Full address) ..................................................... hereinafter called the

licensee to establish, erect/operate Saw Mill/Wood Based Industry for

converting /cutting timber at ................................................... (Full address

of the place of business) subj ect to the provisions contained in the

Indian Forest Act, 1927 as amended from to time to time as applicable

to Puducherry and rules framed there under and on the following

conditions:-

Conditions

1. The license granted to a wood based industry shall be valid for

five years;

2. Application for renewal of licence granted to a wood based

Industrial Unit shall be made atleast three (3) months before the expiry

of validity period;

3. No sawing should be under taken after sunset and before

sunrise, except under the special permission of the state Level

Committee;

4. Transfer of licence on sale/succession, alteration of the

location, etc., of the Wood Based Industry shall be done only with the

approval of State Level Committee;

5. Wood based industries working solely on the timber imported

from international market, shall not use timber produced in Country. If

in future, the said units propose to use timber produced in the Country

on account of abundant availability, they shall seek specific permission

from State Level Committee to do so.

1026 LA GAZETTE DE L'ETAT [PART–II

6. If, there are reasons to believe that the Licensee is operating

the wood based industry in contravention of the provision of these rules

or conditions of Licence or any Rules framed by the Government or is

engaged in activities prejudicial to the interest of forest conservation

or public interest, at any time after giving one month notice, revoke the

licence granted to such Wood based Industry.

7. The licensee shall maintain such registers and records as in

Proforma-I, II, III and IV and submit concerned returns to the licence

issuing authority and when required shall produce them for inspection

by authorized Officer/Staff of Forest Department.

The licensee shall ensure that:-

1. The site of the Saw-Mill/Wood based Industry including the

yard for storage of round timber and waste wood is enclosed within a fence.

2. No licensee shall undertake sawing of timber belonging to other

person on job work, unless he is satisfied about the genuineness of such

timber by examining the relevant Pass or way-permit and the marks on

the timber. If, he suspects the genuineness of the timber, he shall detain

the timber and immediately report the fact to the nearest Forest Officer

for taking further action.

Signature of

THE DEPUTY CONSERVATOR OF FORESTS.

1027

PART–II] LA GAZETTE DE L'ETAT

FORM-III

[Rule 7(ix)]

FORM OF APPLICATION FOR RENEWAL OF LICENCE

To

The Conservator of Forests, Department of Forests and Wildlife, Government of Puducherry,

Puducherry.

I/We ................................................................................... S/o./D/o./

W/o. ..................................... resident of ........................................................

District ........................................................ Proprietor/Partner/Director of

M/s. ................................................................................. hereby apply for

the grant of renewal of licence. For establishing ................................ at

................................................... in ................................ District

............................................................

The name of the Proprietor(s)/Partner(s)/Director(s) are as follows:-

Tvl.

1. S/o./D/o./W/o.

2. S/o./D/o./W/o.

3. S/o./D/o./W/o.

4. S/o./D/o./W/o.

The licence fees for renewal (of following machinery) for the period

from ........................................................ to ................................................

is enclosed herewith.

Sl.No. Description/Type of machinery

The unit is at the same site as indicated in the licence for the period

ending on .............................................................

The licence to be renewed is bearing No. .................................,

dated............................................ which is enclosed herewith.

1028 LA GAZETTE DE L'ETAT [PART–II

In case the above declaration is found to be incorrect the Saw Mill/

Wood based industry licence is liable to be cancelled.

Signature of Applicant

Date :

Place :

Inspected physically the abovesaid machinery on ................., dated ........................................ and I declare that the contents furnished above by the applicant/owner of the Saw Mill/Wood Based Industry are true to the best of my knowledge and belief.

Signature ...............................................

Name of Range Forest Officer or

Agricultural Officer.

Seal :

Remarks of the Asst. Conservator of Forests or Deputy Director

of Forests.

Signature ...............................................

Name Assistant Conservator of Forests.

Deputy Director of Forests.

Seal :

No. ................................................

Dated ............................................

Forwarded to Deputy Conservator of Forests

Signature of Assistant Conservator of Forests/

Deput Director of Forests.

Seal :

Signature of Range Forest Officer/

Agricultural Officer.

Seal :

1029

PART–II] LA GAZETTE DE L'ETAT

1030 LA GAZETTE DE L'ETAT [PART–II

PROFORMA-II (CONVERSION REGISTER)

P A R T –

I I ]

Name of the Wood – Based Unit : Forest Division : Register Opened on :

II (a) – CONVERSION REGISTER – SAWN TIMBER

L A

G A Z E T T E

D E

L

'

II (b) – CONVERSION REGISTER – VENEER

E T A T

1 0 3 1

1 0 3 2

II (c) – CONVERSION REGISTER – PLYWOOD/BLOCK BOARD

No

L A

G A Z E T T E

D E

L

'

E T A T

[

P A R T –

I I 1033

PART–II] LA GAZETTE DE L'ETAT

Note 1 : In Proforma II (a) monthly species-wise abstract of

round timber used and total sawn timber produced is to

be mentioned. In Proforma II (b) monthly species-wise

abstract of timber used, species-wise and thickness-wise

core and face veneer produced is to be mentioned. In

Proforma II (C) monthly species-wise abstract of timber/

sawn timber used species-wise and thickness-wise core

and face veneer used and category wise plywood

produced is to be mentioned.

Note 2 : Six major commercial species for timber sawn timber and

veneer are to be mentioned individually. The others may

be clubbed under miscellaneous category. Exact

categorization is to be decided by the Principal Chief

Conservator of Forests.

Note 3 : In column 8 of Proforma II (b) actual thickness of the

veneer produced is to be given. In column No. 10 the

notional area is to be mentioned after calculating it with

thickness as 4 mm.

Note 4 : For partly used timber logs/sawn timber actual quantity

round timber/sawn timber used is to be mentioned in

column 4 or 6 (as the case may be) and suitable entry to

this effect is to be made in the remarks column. While

using the part used timber later on actual quantity now

used is to be included in column 4/column 6. No

corresponding entry towards No. of logs/sawn timber

pcs. Is to be made in column 3/column 5 and suitable

explanatory entry in remark column is to be made.

Note 5 : Only the proforma applicable for the particular unit is to

be filled in For example. Saw Mill Units are required to

fill in only. II (a) are not required to be filled in.

PROFORMA-III (DESPATCH REGISTER)

1 0 3 4

III (a) – DESPATCH REGISTER – ROUND TIMBER

L A

G A Z E T T E

D E

L

'

III (b) – DESPATCH REGISTER – SAWN TIMBER

E T A T

[

P A R T –

I I

III (c) – DESPATCH REGISTER – VENEER

P A R T –

I I ]

No

L A

G A Z E T T E

D E

III (d) – DESPATCH REGISTER – PLYWOOD

L

'

No

E T A T

1 0 3 5

PROFORMA-IV (CONVERSION REGISTER)

1 0 3 6

Name of the Wood – Based Unit : Forest Division : Register Opened on :

IV (a) – STOCK REGISTER – ROUND TIMBER

L A

G A Z E T T E

D E

L

'

IV (b) – STOCK REGISTER – ROUND TIMBER

E T A T

[

P A R T –

I I

1037

PART–II] LA GAZETTE DE L'ETAT

Note 1 : Six major commercial species for timber, sawn timber and

veneer are to mentioned individually. The others may

be clubbed under miscellaneous category. Exact

categorization is to be decided by the Principal Chief

Conservator of Forests.

Note 2 : Only the proforma applicable for the particular Unit is

to be filled in. For example Saw Mill Units are required

to fill in only III(a) & III(b), III(c) & III(d) are not required

to be filled in.

Note 3 : In Column 6 of III© & III(d) actual thickness of veneer/

plywood is to be mentioned.

————

IV (c) – STOCK REGISTER – VENEER

1 0 3 8

L A

G A Z E T T E

D E

L

'

IV (d) – STOCK REGISTER – PLYWOOD

E T A T

[

P A R T –

I I

1039

PART–II] LA GAZETTE DE L'ETAT

Note 1 : Daily, weekly and monthly species-wise abstract of

opening stock, receipts, timber used for sawing, veneer/

plywood making, dispatched outside the unit and closing

stock of sawn timber, veneer is to be recorded.

Note 2 : Six major commercial species for timber, sawn timber and

veneer are to be mentioned individually. The others may

be clubbed under miscellaneous category. Exact

categorization is to be decided by the Principal Chief

Conservator of Forests.

Note 3 : Only the proforma application for the particular Units to

be filled in for example. Saw Mills Unit are required to

fill in only IV (a), IV (b), IV (c) and IV (d) are not required

to be filled in.

————

online publication at "https://styandptg.py.gov.in" Published by the Director, Government Press, Puducherry.

Cite this issue. Puducherry Gazette, Government of Puducherry, 30 November 2021. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.puducherry.2021-11-30.extraordinary-ii-issue-49/. Archive identifier in.gazette.puducherry.2021-11-30.extraordinary-ii-issue-49.