Vidhi Codex

section 4

Application for License and its disposal.

The Meghalaya Forest (Removal of Timber) (Regulation) Act, 1981
Environmental198122 sections
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Statutory text
  1. (1) Every application for grant of license under this Act shall be made to the competent authority through the District Council concerned in such form and on payment of such fee as may be prescribed.
  2. (2) In granting or refusing license under this Act the competent authority shall take into account all or any of the following matters according to the circumstances of each case, namely:-
    • (a) Whether the application is recommended by the District Council or not;
    • (b) Whether the applicant holds any trading license from the District Council;
    • (c) Whether the applicant holds any other license under this Act;
    • (d) Whether the applicant is a registered dealer and possesses certificate of registration under any tax Law of the State;
    • (e) Whether the applicant is a resident of the State;
    • (f) Whether the timber for which application for licenses is made is for the personnel use of the applicant;
    • (g) Whether the grant of license to the applicant would promote the interest of tribals resident in the State, economically or otherwise; Provided that a license shall be refused if the applicant- (a) is not a citizen of India, or-
    • (b) has been convicted by a competent Court of an offence involving moral turpitude unless a period of five years, or such less period as the Government may allow in any particular case, has elapsed since his release, or
    • (c) has violated any provision of any Act, Regulation or Rule made by the State or any District Council, or is a defaulter in the payment of any tax or revenue of the State or any District Council, or
    • (d) has been debarred from taking up any business transaction or contract work by any Government, or any Company or Corporation, owned controlled or managed by any Government.
  3. (3) Every other granting or refusing a license under this Act shall be in writing, and in case of refusal shall contain reasons therefore.
  4. (4) Every application for license under this act shall be disposed of by the competent authority as early as possible and not later than six months from the date of receipt of the application by the competent authority unless the competent authority for reasons to be recorded in writing extends the period by such further period or periods as it may consider necessary and if no order is passed within the period or periods so extended it shall be deemed that license has been granted.

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