The Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984

Short title, extent and commencement -

1. (1) This Act may be called the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhiniyam, 1984.
2. (2) It extends to the whole of Madhya Pradesh.

Definitions - In this Act, unless the context otherwise requires,-

1. (a) "Appointed day" means the 15th December, 1983, on which the Madhya Pradesh Kashtha Chiran (Viniyaman) Adhyadesh, 1983 (No. 11 of 1983) came into force in the whole of the State of Madhya Pradesh;
2. (b) "Licence" means a licence granted under this Act;
3. (c) "Licensee" means any person to whom a licence has been granted under this Act;
4. (d) "Licensing Officer" means the Licensing Officer appointed under Section 3;
5. (e) "Notified Order" means an order notified in the Gazette;
6. (f) "Saw mill" means the plant and machinery with which, and the premises including the precincts thereof in which or in any part of which sawing is carried on with the aid of electrical or mechanical power, but does not include a hand saw, a tunnel machine, a planer, a jig-saw machine and boring tools;
7. (g) [Deleted];
8. (h) "Sawing" with its grammatical variations and cognate expressions, means the process of sawing, cutting, converting, shaping or seasoning of timber with the aid of electrical or mechanical power or by mechanical process or by hand-saw and includes preservation and treatment thereof; (h-h) "Wood-stall" means any specified place notified by the State Government as a wood-stall for the establishment of a saw mill;
   • (i) "Vehicle" includes a truck, tractor, trailer, motor vehicle, boat and cart;
9. (j) "Timber" includes trees when they have fallen or have been felled, and all timber of any species, whether or not it has been cut, converted, shaped, sawn or hollowed out, for any purpose;
10. (k) Words and expressions used in this Act, but not defined, and defined in the Indian Forest Act, 1927 (16 of 1927), shall have the same meanings as respectively assigned to them in that Act.

Appointment of Licensing Officer - The State Government may -

1. (a) appoint an officer not below the rank of Divisional Forest Officer to be the Licensing Officer for the purpose of this Act.
2. (b) define the local limits within which a Licensing Officer shall exercise the powers and perform the duties conferred and imposed upon the Licensing Officer by or under this Act.

Application for licence - From the appointed day -

1. (a) no person shall establish a saw mill except under and in accordance with the conditions of a licence granted in that behalf under this Act: Provided that the State Government may notify such period during which no licence for establishment of any new saw mill shall be granted.
2. (b) no person shall carry on a saw mill which is in existence on the said date unless an application in that behalf has been made by such person to the Licensing Officer within thirty days from such date and licence has been granted or is deemed to have been granted to him under this Act: Provided that until the period of thirty days, and thereafter during the pendency of the application for consideration, it shall be deemed as if the licence has been granted to such person under this Act and he was carrying on the saw mill accordingly.

("Declaration of prohibited area")

1. (1) राज्य सरकार अधिसूचना द्वारा, उन कारणों से, जो उस अधिसूचना में विनिर्दिष्ट किये जावेंगे, किसी क्षेत्र को, एक बार में तीन वर्ष से अधिक ऐसी कालावधि के लिए जो उसमें विनिर्दिष्ट की जावे, प्रतिषिद्ध क्षेत्र (Prohibited Area) घोषित कर सकेगी।
2. (2) उन कालावधि के दौरान, जिसके लिए किसी क्षेत्र को उपधारा
3. (1) के अधीन प्रतिषिद्ध क्षेत्र घोषित किया गया है निम्नलिखित परिणाम होंगे, अर्थात :- (क) उस क्षेत्र में कोई आरा मिल स्थापित करने के लिए अनुज्ञप्ति मंजूर नहीं की जावेगी। (ख) उस कालावधि के दौरान कोई अनुज्ञप्ति नवीनीकृत (Renewed) नहीं की जावेगी। (ग) उस क्षेत्र में स्थित आरा मिल, चलना बन्द हो जायेगी और वह चिरान की संक्रियाएँ (Sawing Operations) बन्द रखेगा; किन्तु अनुज्ञापन अधिकारी, आरा मिल या आरा गड्ढे में जमा काष्ठ की चिरान की जाने की अनुज्ञा ऐसी शर्तों एवं निबन्धों के अधीन, दे सकेगा, जिन्हें अधिरोपित करना वह ठीक समझे। (घ) बन्द रहने के कारण हुई नुकसानी के मद्दे कोइर् दावा न तो महण किया जायेगा न ही कोई नुकसानी संदेय होगी।

Grant, renewal, revocation or suspension of licence -

1. (1) An application for a licence under section 4 shall be in such form and shall be accompanied by such application fee and such security deposit for the due compliance of the conditions of the licence, as may be prescribed.
2. (2) On receipt of an application under sub-section (1), the Licensing Officer may, after such enquiry as he may deem fit
   • (i) grant the licence;
   • (ii) by order in writing, refuse to grant the licence for reasons to be briefly stated in the order: Provided that no order refusing to grant a licence shall be passed unless the applicant has been given an opportunity of being heard.
3. (3) A licence granted under sub-section
4. (2) shall be subject to the provisions of this Act and such conditions as may be prescribed.
5. (4) The provisions of this section shall apply to the renewal of a licence in the same manner as they apply to the grant or refusal to grant a licence.
6. (5) If the Licensing Officer is satisfied, either on a direction given to him in this behalf or otherwise, that—
   • (a) the licence has been obtained by misrepresentation or fraud; or
   • (b) the licensee has, without reasonable cause, failed to comply with any of the conditions of the licence or any direction lawfully given by the Licensing Officer, or has contravened any of the provisions of this Act or the rules made thereunder; or
   • (c) the licensee has kept in the premises of the saw mill such wood in respect of which he cannot account satisfactorily and which is consequently liable to be confiscated under section 9, then, without prejudice to any other penalty to which the licensee may be liable under this Act, the Licensing Officer may, after giving the licensee an opportunity of showing cause, revoke or suspend the licence, and may forfeit the sum, if any, which has been deposited as security for the due compliance of the conditions under which the licence was granted, or any part thereof.
7. (6) A copy of every order passed under sub-section
8. (5) shall be given to the licensee.

Power of entry, inspection, search, seizure etc. -

1. (1) For the purpose of ascertaining the position of any saw mill or examining its operation, or with a view to ensuring compliance with the provisions of this Act or 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;
   • (b) examine any documents, books, registers or records which are in the possession or power of any person having control of, or employed in connection with any saw mill and may order the same to be produced for the purpose;
   • (c) search any person, or may search any premises, vehicle, machine, tools and implements, utilised or intended to be utilised in contravention of the provisions of this Act and the rules made thereunder and for the purpose may stop any vehicle or person;
   • (d) seize any such wood, plant and machinery, tools, vehicle and any other article, which he has reason to suspect has already been involved in, or is about to be utilised in contravention of the provisions of this Act or the rules made thereunder.
2. (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to searches and seizure shall, so far as may be, apply to searches and seizures under this section.

Submission of returns - Every licensee shall submit such returns, in such form, and to such officer, and on such dates, as may be prescribed, in relation to the working of the saw mill as the case may be.

Maintenance of accounts of stock of timber in saw-mills:

1. (1) Proper accounts shall be maintained of such timber, whether sawn or not, as may be found in the saw-mill or at the sawing site or brought there by any person at any time or during any period in any manner or by any means for the purpose of sawing or for any other purpose and such relevant evidence, documents, receipts, orders and certificates as may be necessary to show that such timber has been obtained lawfully shall be kept and made available at the time of inspection. Regarding such stock of timber of which an accounts has not been maintained satisfactorily, it shall be presumed that it has been obtained unlawfully and such stock of timber shall be liable to be confiscated.

Prohibition of electric connection etc. in unlicensed saw-mill:

1. (1) Notwithstanding anything contained in any Act relating to electricity for the time being in force, from the appointed day, no electric energy shall be utilized and no electric connection shall be installed or continued for the purpose of a saw-mill unless such saw-mill is duly licensed or deemed to be licensed under the provisions of this Act and such electric connection shall be continued only so long as such saw-mill continues to function under a valid license granted or deemed to have been granted under this Act.
2. (2) The State Government may make rules for carrying out the purposes of this Section.

Appeal -

1. (1) Any person aggrieved by an order of the Licensing Officer refusing to grant or renew a licence or suspending or revoking a licence may, within thirty days of the communication of such order to him, prefer an appeal to the prescribed authority who shall, after giving the appellant and the Licensing Officer an opportunity of being heard, dispose of the appeal and the order so passed shall be binding on the Licensing Officer.
2. (2) Every order of the Licensing Officer shall, unless the prescribed authority directs otherwise either conditionally or unconditionally, continue in force pending the disposal of the appeal under sub-section (1).

Confiscation of illegally stored timber, plants, machinery etc. -

1. (1) Save as provided in clause
   • (b) of section 4-
   • (a) where any sawmill is established or operated in an area declared as a prohibited area under sub-section
2. (1) of section 5; or
   • (b) where any sawmill is established or operated without a licence or without renewal of a licence under sub-sections
3. (2) and
4. (4) respectively of section 6;
   • (c) where any sawmill is operated after the licence has been suspended or revoked under sub-section
5. (5) of section 6; or
   • (d) where any sawmill is operated with the aid of electric energy or electric installation in contravention of sub-section
6. (1) of section 10; or
   • (e) where any timber is stored in any sawmill for which no account has been kept; The Licensing Officer may order that the stock of timber unlawfully stored, and/or all such plants, machinery, tools and equipments, or any part thereof, be confiscated.
7. (2) No order for confiscating any property shall be made under sub-section
8. (1) unless the person from whom the property is seized, and in the case where the owner of such property is known, to such person-
   • (a) is given a written notice informing him of the grounds on which it is proposed to confiscate such property;
   • (b) is given an opportunity of making a written representation against the grounds of confiscation within such reasonable time as may be specified in the notice; and
   • (c) is given a reasonable opportunity of being heard in the matter.
9. (3) Any Forest Officer not below the rank of Conservator of Forests, who has been empowered in this behalf by the State Government by notification, may, within thirty days of the date of the order of confiscation passed by the Licensing Officer under sub-section (1), either suo-motu or on an application, call for and examine the records relating to such order and may pass such order as he may deem fit, but no order prejudicial to any person shall be passed without giving him an opportunity of being heard.
10. (4) Any person aggrieved by an order passed under sub-section
11. (3) may, within thirty days of the date on which such order is communicated to him, appeal to the District Court having jurisdiction over the area in which the property was seized, and that District Court shall, after giving the parties an opportunity of being heard, pass such order as it may deem fit, and the order so passed by the District Court shall be final. Where any order for confiscation of any property passed under sub-section
12. (1) or sub-section
13. (3) or sub-section
14. (4) has become final in respect of the whole or any part of such property, such property or such part thereof, as the case may be, shall vest in the State Government, free from all encumbrances.
15. (5) Nothing in this section shall be deemed to prohibit the imposition of any other penalty to which the person from whom the property was seized is liable under this Act for the order of confiscation in relation to sub-section
16. (1) or sub-section
17. (3) or sub-section (4).

Penalties -

1. (1) If any person contravenes or attempts to contravene or abets the contravention of any of the provisions of this Act or rules made thereunder, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both, and in the case of a continuing contravention, with an additional fine which may extend to four hundred rupees for every day during which such contravention continues after conviction for the first such contravention: Provided that -
   • (i) where such contravention, attempt or abetment relates to Section
2. (4) or
   • (ii) when the volume of unlawful timber involved in the contravention exceeds five cubic metres, there shall be a minimum imprisonment of three months and a minimum fine of six thousand rupees in either of these cases.
3. (2) If any person -
   • (one) when required by this Act or by any order under this Act to make any statement or furnish any information, makes any statement or furnishes any information which is false in any material particular and which he knows or has reason to believe to be false or does not believe to be true; or
   • (two) makes any such statement as aforesaid in any book, account, record, declaration, return or other document which he is required to maintain or furnish under this Act, he shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to six thousand rupees or with both.

Offences by Companies -

1. (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 offence 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 all due diligence to prevent the commission of such offence:
2. (2) Notwithstanding anything contained in sub-section (1), where any 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 attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation - For the purpose of this section-
   • (a) 'company' means any body corporate and includes a firm or other association of individuals;
   • (b) 'director' in relation to a firm means a partner in the firm.

धारा 15. सबूत का भार (Burden of proof) -

1. (1) जहाँ कोई कां ठ, चाहे वह िचरा ह ु आ हो या िबना िचरा हो, ऐसी आरा िमल [***] से बरामद होता है, िजसके िलये इस अिधिनयम के या उसके अधीन बनाये गये िनयमों के उपबन् धों के अधीन कोई िविधमान् य अनुज्ञिप्त मौजूद नहीं है, वहाँ जब तक िक तत् ूितकूल सािबत नहीं कर िदया जाता है िजसके िक सािबत करने की भार अिभयुक् त पर होगा, तब तक यह उपधारणा की जायेगी िक वह आरा िमल या आरा गड्ढा चालू था।
2. (2) जहाँ इस अिधिनयम के या उसके अधीन बनाये गये िनयमों के िवरुद्ध िकसी अपराध के िलये, िकसी अिभयोजन में यह िसद्ध होता है िक िविध िवरुद्ध घोिषत िकया गया कोई कां ठ िकसी व् यिक्त का आरा िमल के पिरसर में या िकसी ऐसे ः थल पर जहाँ िचराई की जा रही थी, अिभमहीत िकया गया था, वहाँ जब तक िक ूितकूल सािबत नहीं कर िदया जाता है, िजसके िक सािबत करने का भार अिभयुक् त पर होगा, यह उपधारणा की जायेगी िक ऐसे व् यिक्त ने इस अिधिनयम के या उसके अधीन बनाये गये िनयमों के उपबन् धों का उल् लंघन िकया है।

Cognizance of offence - 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 by such person as may be duly authorised in this behalf by the State Government or by the Licensing Officer.

धारा 17. न् यायालय की अिधकािरता - ूथम वगर् न् याियक मिजःशेट के न् यायालय के अवर कोई न् यायालय, इस अिधिनयम के अधीन दण् डनीय िकसी अपराध का िवचारण नहीं करेगा।

Composition of offences. —

1. (1) The Forest Officer empowered in this behalf by the State Government may —
   • (a) accept from any person whose licence is liable to be revoked or suspended under sub-section
2. (5) of Section 6 or who is reasonably suspected of having committed for the first time an offence of not submitting return under Section 8, not keeping account of wood under Section 9, or sawing wood obtained unlawfully, the volume of which is less than half a cubic meter, a sum of money not exceeding ten thousand rupees, in lieu of such revocation or suspension or by way of composition of the offence and may impose a sum not exceeding ten thousand rupees by way of penalty and shall order confiscation of the wood obtained unlawfully, which was seized.
   • (b) in any case, in which any property has been seized as being liable to confiscation under this Act, may release the same on payment of the value thereof as estimated by the Forest Officer, before the order of confiscation is passed by the competent authority under this Act.
3. (2) On the payment of such sum of money or such value or both, as the case may be, to the Forest Officer, the accused person, if in custody, shall be discharged, the property seized shall be released, and no further proceedings shall be taken against such person or such property.

("Licensing Officer etc. to be public servants") - Licensing Officer and every such person as is duly authorized to discharge any duties imposed on him by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

("Protection of action taken in good faith") - No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or any person or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.

("Rewards")

Section 21. Rewards - The Court or the Licensing Officer, as the case may be, may grant or order to be granted to such persons, as a result of whose information a breach of any of the provisions of this Act or of the rules made thereunder has been indisputably detected, such amount, not exceeding one-fourth of the amount of the fine and/or the value of the forfeited and/or confiscated property.

("Power to make rules")

Section 22. Power to make rules -

1. (1) The State Government may, by notification and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
2. (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) Under sub-section
3. (1) of Section 6, the form in which application shall be made and the fee and security deposit which shall accompany such application.
   • (b) Under sub-section
4. (3) of Section 6, the conditions under which a licence shall be granted.
   • (c) Under sub-section
5. (4) of Section 6, the period for which, the fee on payment of which and the conditions under which a licence may be renewed.
   • (d) Under Section 8, the form in which and the dates on which returns shall be submitted and the officer to whom the return shall be given.
   • (e) Under sub-section
6. (2) of Section 10, for the purposes of installing electric connection etc.
   • (f) Under Section 11, the authority to whom appeal shall be preferred.
   • (g) Any other matter which is required to be or may be prescribed.
7. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly.

Non-application of other Acts and laws to saw-mill. - Nothing contained in any other Act or law, rule or order or anything having the force of law in any of the areas of the State shall apply to a saw-mill and to sawing in respect of matters for which provision is contained in this Act.

Saving. - The provisions of this Act or the rules made thereunder shall not apply to -

1. (a) such general processes of carpentry as do not involve the task of a saw-mill;
2. (b) a saw-mill owned by the State Government.

Power to remove difficulty - If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty:

Repeal Repeal - The Madhya Pradesh Kashtha Chiran (Viniyaman) Adhyadesh, 1983 (No. 11 of 1983) is hereby repealed.