AIR 1999 GAUHATI 1 ::(1998) 3 Gau LR 325

Gauhati High Court

Hon'ble Judge(s): A. K. Patnaik , J

Forest Act (16 of 1927) , S.51A— Tripura Forest (Establishments and Regulations of Saw Mills and Other Wood-based Industries) Rules (1985) , R.3(2)(b)— Rule requiring person having business of saw mill to apply for licence within 90 days from commencement of Rules - Is mandatory - However, provision does not bar application beyond 90 days to be made and considered by authorities. The provision in sub-rule (2)(b) of R. 3 of the 1985 Rules requiring a person having business of saw mill to apply in Form II for licence within the period of 90 days from the date of commencement of the Rules is mandatory if such person wants to continue the business without such licence after the period of 90 days from the date of commencement of the Rules because non-compliance of the said provision would disentitle a person having an existing saw mill to carry on business in the said saw mill beyond the period of 90 days from the date of commecement of the Rules without a licence, but the said provision was not mandatory in so far as it did not create a bar on a person having an existing saw mill to apply for a licence under the Rules even after the expiry of the period of 90 days from the date of commencement of the 1985 Rules, and for the authorities to consider such an application in accordance with law.(Para 6 7) Thus, wher....