Andhra Pradesh Sandal Wood Possession Rules, 1969

From Advocatespedia

Section 1

1. There Rules may be called the Andhra Pradesh Sandal Wood Possession Rules, 1969

Section 2

2. In these Rules, unless the context otherwise requires (a) "dealer" means a person who deals in sandal wood; (b) "Divisional Forest Officer" means the Divisional Forest Officer having jurisdiction over the area concerned; (c) "form" means a form set-forth in the Schedule appended to these Rules; (d) "licence" means a licence prescribed under these Rules; (e) [xxx] (f) "Stockist" means a person who stocks sandal wood for conversion into sandal wood oil or other products [xxx]

Section 3

3. (1) No person shall possess sandal wood in excess of the limit specified in Section 32 of the Act, except under a licence issued in this behalf in Form-II by a Divisional Forest Officer. Every application for a grant of licence shall be in Form-I and accompanied by authenticated documents and other material in support of the origin of procurement of sandal wood and a fee of Rs.100 [x x x x] Provided that no fees shall be payable by institutions like temples which stock sandal wood for their bona fide requirements. (2) A dealer or stockist shall not at any one time possess over and above one metric tonne of sandal wood obtained from patta lands , except with the written permission of the Divisional Forest Officer concerned. (3) Every licence other than the permanent licence for pooja material and other materials of worship issued or renewed at any time during the financial year, shall be valid till the end of that financial year. (4) The fees chargeable for the renewal of licence shall be Rs. 50.

Section 4

4. (1) A duplicate licence shall be granted only after due verification (2) The fee chargeable for grant of the duplicate licence shall be Rs. 50. (3) The Divisional Forest Officer may, on an application made by the licensee, renew his licence. (4) [xxxxx]

Section 5

5. (1) If at any time, it appears to the Divisional Forest Officer that the licensee has contravened or failed to comply with any of the conditions laid down in these Rules, he may cancel suspend the licence after giving the said licensee 15 days notice in writing for making his representation against such cancellation or suspension. (2) Any person aggrieved by the orders of the Divisional Forest Officer passed under Sub-rule (1) cancelling or suspending a licence may within 15 days from the date of receipt of such order prefer an appeal to the Conservator of Forests who may such pass orders as he deems fit after recording the reasons therefor. (3) Any person aggrieved by an order of the Conservator of Forests passed under Sub-rule (2) may within 30 days from the date of receipt of the order, prefer a second appeal to the Chief Conservator of Forests, who, may pass such order as he deems fit,after recording the reasons therefor.

Section 6

6. (1) Whenever a dealer or stockist intends to possess any consignment of sandal wood, he shall immediately inform the Divisional Forest Officer in writing of the actual source from which he intends obtaining such sandal wood and supply such information as the Divisional Forest Officer may require to satisfy himself about bona fides of such sandal wood. (2) The dealer or stockist who comes into possession of a consignment of sandal wood shall within 24 hours of such possession intimate the Divisional Forest Officer having jurisdiction over the area in which the sandal wood is stored about the fact of actual possession and the same shall be inspected by an Officer not below the rank of a Forester without any delay; and till such inspection is over ,the dealer shall not tamper with the identification marks that may have been already placed on such sandal wood. (3) A dealer or stockist shall not convert such sandal wood as he may have come into possession in accordance with Sub-rule (2), except and in accordance with the orders in writing of the Divisional Forest Officer: Provided that where within a period of one month from the date of application to the Divisional Forest Officer, or the date of submission of such particulars as required by him, permission has not been granted, the applicant may, unless such permission has been refused, proceed with such conversion, but so as not to contravene any of the provisions of the Andhra Pradesh Forest Act, 1967 or any Rules made thereunder.

Section 7

7. (1) A stockist storing the sandal wood and its by products obtained by manufacturer or conversion including sandal wood of smaller billets, sandal wood powder, toilet articles or scented stocks shall furnish to the Divisional Forest Officer full particulars of the place of storing together with a certified sketch of the premises. The premises should be distinguishable by a Notice Board conspicuously displayed. Any change in such place shall be made only after giving prior intimation to the Divisional Forest Officer. (2) The dealer or stockist shall maintain at the premises a stock register showing receipt and issues of sandal wood and all its products including oil. (3) A true extract in Form III from the stock register shall be submitted to the Divisional Forest Officer every year by the 15th April or before the renewal of licence

Section 8

8. (1) The stock register and the stock of sandal wood shall be kept open for inspection at any time by any Forest Officer not below the rank of a Forester having jurisdiction over the area concerned. (2) The Inspecting Officer may, if he has reason to believe that the terms of licence have been contravened, seize any or all records, stocks of sandal wood and its products, vessels and conveyance used in such contravention. The seizures may be removed by the inspecting officer for safe custody and produced in the court having jurisdiction over the area within a week. (3) In so inspecting the premises due regard shall be paid by the inspecting officer to the special and religious customs of the occupants of the premises.

Section 9

9. (1) Whenever the inspecting officer considers that the production of any document or other thing is necessary for purposes of compliance with these Rules, the inspecting officer may issue a written requisition or order,to the dealer or stockist in whose possession such document or thing is believed to be, requiring him to produce it at the time and place stated in the requisition or order. (2) Where the inspecting officer has reason to belive that the dealer or stockist to whom an order under Sub-rule (i) has been or might be addressed, would not produce, document or thing as required by such requisition or order, or where the inspecting officer considers that the purpose of these Rules will be served by a general search or inspection, he may if he is competent search by himself or obtain a search warrant under Section 12(1) (b) (ii) of the Act and execute in the manner provided in the Code of Criminal Procedure 1973.