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GAUHATI HIGH COURT
, J
Tripura Bamboo Sticks Products Trade Cottage Industries Union and Others v. State of Tripura and Others
| Table of Content |
|---|
| 1. controversy over agarbati sticks as forest produce. (Para 1 , 2 , 3) |
| 2. arguments for and against charging royalties. (Para 4 , 6) |
| 3. court observations on definitions related to forest produce. (Para 5 , 7 , 8 , 12) |
| 4. principles of manufacture and commercial distinction discussed. (Para 9 , 10 , 15 , 17) |
| 5. conclusion that agarbati sticks do not qualify as forest produce. (Para 18 , 19 , 20) |
1. These writ petitions being WP (C) 390 of 2001 and WP (C) 395 of 2001 are embedded with a common question whether the Agarbati sticks as entered into SI. No. 5 of the Notification No. F.7(179) / FOR - FP / 2001/3426-49 dated 14-5-2001 (Annexure - 2 to the writ petition) is a forest produce or in other words, whether the respondents are within their authority to realise the revised royalties or royalty by virtue of the said notification dated 14-5-2001. By the notification dated 14-5-2001 the following rates of royalities for the Agarbati sticks have been prescribed;
For Local Use For Export
Rs. 45.00 Per ton Rs. 204.110 per ton.
2. The writ petitioners contended that the Agarbati sticks (bamboo sticks) are not forest produce but the bamboo is the forest produce in terms of the
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