1

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

D.B.Civil Writ Petition No.7879/2011

Wood Work Handicraft Association V/s State of Rajasthan

& ors.

Date when the order

was reserved

::-

16.5.2012

Date of pronouncement

of order

::-

19.6.2012

PRESENT

HON’BLE THE CHIEF JUSTICE MR.ARUN MISHRA

HON’BLE MR.JUSTICE SANGEET LODHA

Mr.A.K.Khatri for the petitioner.

Mr.M.A.Siddiqui for the respondents.

ORDER

BY THE COURT (Per Hon'ble Arun Mishra, CJ)

In this petition, the petitioner-Association has

questioned the amendments made in Rules 6 and 7 of the

Rajasthan Forest Produce (Establishment & Regulation

of Saw Mills) Rules, 1983 (hereinafter referred to as

“the Rules of 1983”). By amending Rule 6, the

application fee for permit/license, which was earlier

Rs.25/-, has been revised to Rs.250/-; fee for grant

of permit/license, which was earlier Rs.250/-, has been

revised to Rs.2500/- and the security deposit for grant

of license, which was earlier Rs.500/-, has been

revised to Rs.5000/-. Earlier there was no time limit

prescribed for the validity of the license and now by

inserting new sub-rule (iv) in Rule 7 of the Rules of

1983, the period of license has been limited to five

years and thereafter, the license has to be renewed

for every subsequent five years and application has to

be made three months before the expiry of period of

license. The licensee shall have to pay license fee

afresh.

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It is averred in the petition that vide order dated

30.10.2002

passed

in

Writ

Petition

No.202/95

T.N.Godavaraman V/s Union of India & ors., the Apex Court

directed that no State or Union Territory shall permit any

unlicensed saw mills to operate and closure of such

unlicensed saw mills was ordered. Even operation of small

saw machines, which were unlicensed, was stopped by the

respondents. Thereafter, considering the difficulties of

workers operating small saw machines, a representation was

submitted on behalf of the State Government before the

Central Empowered Committee constituted by the Apex Court

in the aforesaid case and on the recommendation of the

Central Empowered Committee, the State Government in

exercise of the powers conferred by Sections 41 and 42 read

with Section 76 of the Rajasthan Forest Act, 1953

(Rajasthan Act No.XIII of 1953) (hereinafter referred to as

“the Forest Act”), has made amendment in the Rules of 1983

by way of making Rajasthan Forest Produce (Establishment

and Regulation of Saw Mills) (Amendment) Rules, 2005

(hereinafter referred to as “the amended Rules of 2005”)

and the amendment was notified vide notification dated

4.2.2006. The term 'saw mill' was extended to include 'wood

handicraft saw mill' and accordingly, amendment was made in

Rule 2 of the Rules of 1983. However, the application fee

for license & permit, fee for grant of license & permit and

the security deposit for grant of license were not

altered. No time limit for validity of the license was

prescribed. Once the license was granted, it was to

continue till indefinite period. There was provision for

one time license fee. Accordingly, the members of the

petitioner-Association obtained the licenses.

It is further averred in the petition that in the

Rules of 1983, amendments were again made by the State

Government by way of making the Rajasthan Forest Produce

(Establishment and Regulation of Saw Mills) (Amendment)

Rules, 2008 (hereinafter referred to as “the Rules of

2008”) and the same was notified vide notification dated

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13.1.2010 contained in Annexure 9 to the petition. Rules 6

and 7 of the Rules of 1983 have been amended in the

aforesaid manner enhancing application fee for permit &

license, fee for grant of permit & license and the

security deposit for grant of license and the period of

license has