BIHAR SAW MILLS (REGULATION) ACT, 1990
(1) This Act may be called the Bihar Saw Mills (Regulation) Act, 1990.
(2) It extends to the whole of the State of Bihar.
(3) It shall be deemed to have come into force with effect from the 1st May, 1990.
In this Act unless there is anything repugnant in the subject or context,-
(a) "appointed day" means a date appointed under sub-section (3) of Section 1;
(b) "licence" means a licence granted under section 7 of this part;
(c) "licensee" means any person to whom a licence is granted under Section 7;
(d) "licensing officer" means a licensing officer appointed under sub- section (1) of Section 3; ,
(e) "prescribed authority" means a prescribed authority appointed under' Section 4;
(f) "notified order" means an order notified in the official gazette;
(g) "Saw Mill" means the plant machinery with which and the preM/ses in
The State Government may, by notification(1) appoint an officer not below the rank of Divisional Forest Officer to be licensing officer for the purpose of this Act;
(2) define the local limits within which a licensing officer shall exercise the powers conferred and perform the duties imposed on him by or under this Act.
The State Government, may by notification(1) appoint an officer not below the rank of a Conservator of Forests to be prescribed authority for the purpose of this Act;
(2) define the local limits within which a prescribed authority shall exercise the powers conferred and perform the duties imposed on him by or under this Act.
On and from the appointed day:(a) no person shall establish a saw mill or a saw pit except under the authority and subject to the conditions of a licence granted in that behalf under this Act;
(b) no person shall operate a saw mill or a saw pit in existence on the said date, unless he is granted a licence in that behalf under this Act on an application made by such person within a period of thirty days from such date:
Provided that for the period of thirty days and thereafter the period during which the application is pending for consideration, it shall be deemed as if such person was granted a licence under this Act and he was operating the saw mill or saw pit accordingly.
(1) The State Government may, by notification, for reasons to be prescribed therein, declare any area to be a prohibited area for such period not exceeding three years at a time, as may be specified therein.
(2) During the period any area is declared to be a prohibited area under subsection (1) the following consequences shall ensue, namely:-
(a) no licence shall be granted for establishment of a saw mill or saw pit in that area;
(b) no licence shall be renewed during that period;
(c) a saw mill or saw pit situated in that area shall cease to operate and keep its sawing operation closed:
Provided that the licensing officer may permit sawing of wood in deposit in the saw mill or saw pit subject to such con
(1) An application for licence under Section 5 shall be in such form and shall be accompanied by such application fee and such security deposit for due observance of the conditions of the licence, as may be prescribed.
(2) On receipt of the application under sub-section (1), the licensing officer may after making such enquiry, as it may deem fit:-
(i) grant the licence; or
(ii) by order in writing for reason in brief to be stated therein, refuse to grant the licence:
Provided that no order refusing to grant the licence shall be passed unless the applicant has been given a reasonable opportunity of being heard
(3) A licence granted under sub-section (2) shall be subject to the provisions of this Act and t
(1) For the purpose of ascertaining the position of examining the working of any saw mill or saw pit or with a view to secure compliance of the provisions of this Act and the rules made thereunder the licensing officer or any other person authorised by the licensing officer in this behalf may
(a) enter and inspect any saw mill and saw pit;
(b) examine and for this purpose order the production of any document, book, register or records in the possession or power of any person having the control of or employed in connection with, any saw mill and saw pit;
(c) search any person or search any premises, vehicle, machine, tools and equipments used or intended to be used in contravention of the provisions of this Act and rules made thereunder and may stop any vehicle or person for this purpose;
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Every licensee shall submit such returns relating to the business of the saw mill or saw pit, as the case may be, and in such forms and to such officers and on such dates as may be prescribed.
All wood whether sawn or not, found in or brought to the saw mill or saw pit or at the site of sawing at any time or during any period by any person in any manner or by any means for purpose of sawing or for any other purpose shall always be properly accounted for and all relevant evidence, documents, receipts, order and certificate as are necessary to show that the wood is legally obtained, shall be maintained and made available at the time of inspection, it shall be presumed in respect of the stock of wood which is not accounted for satisfactorily that the same has been obtained unlawfully and the stock of wood shall be liable for confiscation.
(1) On and from the appointed day and notwithstanding anything contained in any enactment relating to electricity for the time being in force, no electric energy shall be consumed and no electric connection shall be installed for the purpose of a saw mill or continued for that purpose unless such saw mill is duly licensed or deemed to be licensed in accordance with the provisions in this Act and such electric connection shall be continued so long as the saw mill operates under a valid licence granted or deemed to be granted under this Act.
(2) The State Government may make rules for carrying out the purpose of this section.
(1) Any person aggrieved by the order of refusal of a licensing officer to grant or renew a licence or by the order of suspension or revocation of a licence may within thirty days of the service on him of the order of such refusal or suspension or revocation, appeal to the prescribed authority, who shall decide the appeal after giving the appellant and the licensing officer an opportunity of being heard. The decision of the prescribed authority shall be binding on the licensing officer.
(2) The order of the licensing officer shall, unless the prescribed authority, conditionally or unconditionally directs, otherwise remain in force pending the disposal of an appeal under sub-section (1).
(1) Save as provided in clause (b) of Section 5,
(a) where a saw mill or saw pit is established or operated in an area declared to be a prohibited area under sub-section (1) of Section 6; or
(b) where a saw mill or saw pit is established or operated without a licence of without renewal of licence under sub-sections (2) and (4) respectively of Section 7; or .
(c) where the saw mill or saw pit is operated after suspension or revocation of a licence under sub-section (5) of Section 7; or
(d) where the saw mill or saw pit is operated with the aid of electrical energy or electrical installation in contravention of the provision of sub-section (1) of Section 11; or
(e) unaccounted wood is stored in the saw m
(1) If any person contravenes or attempts to contravene or abets the contravention of any of the provisions of this A9t or rules made thereunder shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both, and in the case of a continuing contravention, with an additional fine which may extend to two hundred rupees for every day during which such contravention continues after conviction for the first such contravention:
Provided that for the second or subsequent offence the minimum imprisonment in either case shall be three months and minimum fine in either case shall be three thousand rupees where such contravention attempt or abetment relates to Section 5 or when unlawful wood involved in the contravention is more than 5 cubic matters in volume.
(2) If
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is
(1) Where wood, whether sawn or unsown, is recovered from a saw mill or saw pit for which no valid licence exists in accordance with the provisions of this Act or the rules made thereunder, it shall be presumed that saw mill or saw pit was in operation until the contrary is proved, the burden of proving the same shall lie on the accused. .
(2) Where, in any prosecution for an offence against this Act or rules made thereunder, it is established that any wood declared unlawful was seized in the premises of a saw mill of a person, or at any site where sawing was being done, it shall be presumed such person has contravened the provisions of this Act or rules made thereunder until the contrary is proved, the burden of proving the same shall lie on the accused.
No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the licensing officer or any person duly authorised by the State Government or the licensing officer in this behalf.
No court inferior to that of a Judicial Magistrate of the first class, shall try any offence punishable under this Act.
(1) Forest Officer empowered by the State Government in this behalf may,
(a) accept from a y person whose licence is liable to be revoked or suspended under sub-section (5) of Section 7 or who is reasonably suspected of having committed for the first time of an offence relating to non-submission of return under Section 9 or of non-maintenance of account of wood under Section 10 or sawing of wood unlawfully obtained which is of less than half a cubic meter in volume, a sum not exceeding five thousand rupees in lieu of such revocation or suspension or by way of composition for such offence, as the case may be and may impose as a penalty a sum not exceeding five thousand rupees' and shall order confiscation of unlawfully obtained wood which was seized;
(b) in any case in which any property has been seized as liable to confiscation under thi
The Licensing officer and every person duly authorised to discharge any duties imposed on him or under this Act shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).
No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or person or authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or any rules or order made thereunder.
The court or the licensing officer as the case may be may by order permit giving of reward in the shape of an amount which is not more than one fourth of the amount of fine and/or of the value of the property forfeited and/or confiscated to such person or persons whose information has indisputably led to the detection of the contravention of any of the provisions of this Act or rules made thereunder.
(1) The State Government may by notification and subject to the condition of previous publication make rules to carry out the purpose of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form in which application shall be made under sub-section (1) of Section 7 and the fee and security deposit which shall accompany such application;
(b) conditions subject to which licence may be granted under sub-section (3) of Section 7;
(c) the period for which, the fee on the payment of which and the condition subject to which the licence may be renewed under sub-section (4) of Section 7;
(d) the
Nothing contained in any other Act, or law, rule, order or any other thing having a force of law in any area of the State shall apply to the saw mill and saw pit and sawing in respect of matters for which provisions are contained in this Act.
The provisions of this Act or the rule made thereunder shall not apply to,
(a) the ordinary operations of carpentry not involving saw mill or saw pit operations;
(b) any saw mill or saw pit owned by the State Government.
If any difficulty arises in giving effect to the provisions of this Act the State Government may by order, do anything not inconsistent with the provisions of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date, of commencement of this Act
(1) The Bihar Saw Mills (Regulation) Ordinance 1987 (Bihar Ordinance no.3. 1990) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if Act were in force on the date on which such thing or action was done or taken.
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