SERVICES

continued..

SRO 472 : 26th August 1969

   In exercise of the power conferred by section 16 of the Jammu and Kashmir preservation of specified Trees Act 1969 the Government hereby make the following rules namely.

1.Title extend and commencement:
1. These rules may be called the Jammu and Kashmir preservation of the specified Tree Rules 1969.
2. These shall come into force with effect from the date these are published in the Government Gazette.
3. These shall extend to the whole of the State of Jammu and Kashmir.

2. Definitions:-
  In these rules the context otherwise requires
a) "Section" Means the section of the Act.
b) "Form" Means the form appended to these rules and
c) "Words" And expressions used but not defined shall have the meanings assigned to them in the Act.

3.Application for Grant Of Permits:-
(1) An application for grant of permit for felling of specified tree under section 4 and for export of timber of any specified tree under section 8 shall be made in forms A&B respectively and each such application shall be written on stamp paper of Rs. 1.
i) Every application on form A made under sub Rules (I) shall be accompanied by the following documents namely:-
 

• a) An attested copy of or an extract from Jamabandi Darakhtan (trees) or if that is not available, from Jamabandi Arzi (Land) of the holding containing the Khasra number in which the specified tree/trees is/are situated.
  
• b) Where the felling of the tree/trees is/are for the purpose laid down in item (I) or in item (ii) of clause (3 of the application, a certificate, if the applicant is himself the owner of the tree/trees, that he is a bonafide manufacturers of or dealer in finished goods of Kashmiri Art regarding item (I) and if the applicant is not himself the owner, a declaration in affirmation of the said purpose made by him before and attested by the Director of Industries and Commerce, Jammu and Kashmir Government.
  
• c) Where the felling of the tree/trees is/are for the purpose indicated in item (iii) of clause (3) of the application, a certificate, in case of prevention of danger or abatement of nuisance, from the local Tehsildars and in the case of prevention of plant disease, from the local Assistant Director, Horticulture, in charge of the area, in which the tree/trees is/are situated and
  
• d) Where the felling is covered by item (iv) of clauses (3) of the application, a certificate from the local Tehsildar of the Tehsil, in which the tree is situate, that the tree/trees is/are completely dried up.

Every application form "B" made under sub rule (1) shall be accompanied by the following documents, namely:-

4. Permits:-
The permits granted under section 4 and 5 shall be issued in the form C&D respectively and maintained in a foil and counterfoil, the letter for delivery to the applicant and the former to be retained in the office of the issuing authority. Each permit shall bear the issue number at the top with the alphabets "PST/PA" suffixed to it.

5. Fee Chargeable On Permit:-
a). The fee chargeable on a permit issued under section 4 shall be Rs. 5/- substituted to Rs. 10/-.
b). The fee charged under sub rule (1) for permits issued under section 4 shall be realized in court fee stamps, which shall be cancelled under the signatures of the prescribed authority or his nominee.

6. Enquiry:-

• 1. On receipt of an applicant for felling of a specified tree made under rule 3, the prescribed authority may call for a report from the Deputy Commissioner of the District in which the specified tree/trees desired to be felled is/are situate on any of the following points as may specify, namely:-
  
  • A. Whether the applicant is himself a dealer in or manufacturer of finished goods of Kashmir Art or wants to sell the timber to such dealer or manufacturer. In the second case the particulars of the deal will require to be ascertained and verified.
    
  • B. Is the applicant registered exporter of timber of timber himself or wants to sell the timber to such exporter. In the second case the particular of the deal will require to be essertained and verified.
    
  • C. The circumstances in which the tree/trees sought to be felled endanger or cause nuisance to life or property.
    
  • D. Whether the tree/trees bear any fruit or are dried up completely if dried up completely since when.
• 2. Dy. Commissioner, from whom a report is called under sub-rule (1)
  • (1) May inquire himself or refer the matter for inquiry to the Assistant Commissioner (hereafter referred to as "The inquiry Officer") and on receipt of his report , forward at after such further inquiry as may be deemed necessary, with his remarks to the prescribed authority. The inquiry officer may, in case of points dealt with in clauses (a and b of the sub rule (1 refer to the authorized list of dealers in and manufacturers of finished goods of Kashmir Art maintained and issued by the State Department Tourism of Industries and shall, in case of points referred to in clauses (C and D of the same rule, himself inspect the tree/trees and its/their location and condition.
  • (2). The inquiry officer shall submit his report through the Deputy Commissioner, unless directed by the competent authority.
  • (3). Consideration of special circumstances by and consultation with experts of the prescribed authority.
  • (4) The prescribed authority may require the Deputy Commissioner or any inquiry officer, from whom the report has been called for under rule 6 to explain the grounds which in the opinion, justify the grant of permit being refused and consider such grounds at the time of making an order under section 6.
  • (5). Before making any order under section 5&6 the prescribed authority may, if he has any reason to believe that due to any cause the specified trees, for the felling of which any application for grant of permit is pending before him, are dividing in number and it is likely that the species of such trees may, in course of time get extinguished, in writing consult an officer of the Forest Deptt. Not below the rank of Conservator of Forests and consider the advice so obtained at the time of making an order of the matter.
  • (6) Where an applicant seeks permission to fell a specified tree/trees on the ground that it/they had been affected by any plant and the felling thereof would save other trees from getting contaminants officers of the Horticulture Department and consider the advice so obtained at the time of making an order of the matter.
  • (7). The prescribed authority may, in the matter arised out of the proceedings taken on application under section 4 which any question of technical nature, directly consul the Chief Conservator.

7 Validity of permits:-

• 1. Every permit for felling a specified tree/trees granted under section 4 shall remain in force for sixty days from the date of its issue.
  
• 2. There shall be no renewal of permits covered by sub rule (I) where a specified tree/trees has/have not been called during the period prescribed in the permit, a fresh application for grant of permit in accordance with these rules shall be made.

8. Accounts and Registers:-

• I) A proper account of the fee recovered under rule 5 shall be maintained in a register for the purpose in for E in the office of the prescribed authority.
  
• ii) The registers maintained under sub rule (I) shall be checked and signed every month by the prescribed authority or Gazetted officer to see, that the sums realised had been correctly charged and remitted without delay into the Treasury and adjusted in the account book.

9. Submission of report to the Government:-

• 1. A report on the lines indicated in for G shall, with ten spare copies, be submitted to the Revenue Department by each prescribed authority through proper channel to reach not later then 15th April annually for the year ending month of March.
  
• 2. One copy of the report referred to the sub rule (I) sent by each prescribed authority of the Financial Commissioner , Jammu and Kashmir Government, for his review, of which one copy each shall be forwarded by him to the Revenue Department and to the reporting authority. The Revenue Department shall submit the report alongwith a copy of the review and its own comments to the Council of the Minister for information.

10. Form and Procedure For Appeals:-

• 1. An appeal against an order of the prescribed authority shall be preferred in the form of the memorandum stamped in accordance with the Law in force relating the court fee shall be accompanied by an attested copy of the order appealed against and shall concisely the facts relied upon by the applicant.
  
• 2. As soon as the appeal is filed, the Financial Commissioner shall inform the person appealing of the date of hearing and pass such orders on it as he decides.

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