Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA EXCISE (CUTTING AND REMOVAL OF DATE LEAVES AND DEAD WOOD) RULES, 1967 CONTENTS 1. Title, extent and commencement 2. Definitions 3. Cutting to be under licence 4. Application for licence 5. Conditions of the licence 6. Permission to cut trees in certain cases 7. Cutting from Bagini and Palmyra trees 8. Repeal and Savings KARNATAKA EXCISE (CUTTING AND REMOVAL OF DATE LEAVES AND DEAD WOOD) RULES, 1967 In exercise of the powers conferred by Section 71 of the Karnataka Excise Act, 1965 (Karnataka Act No. 21 of 1966), the Government of Karnataka hereby makes the following rules, the draft of the same having been previously published, as required by sub-section (1) of Section 71 of the said Act in Notification GSR No. 447 in Part IV, 2C(i) of the Karnataka Gazette, Extraordinary, dated 10th October, 1967, namely:- 1. Title, extent and commencement :- (1) These Rules may be called the Karnataka Excise (Cutting and Removal of Date Leaves and Dead Wood) Rules, 1967. (2) They shall extend to all the areas of the State of Karnataka where the Karnataka Excise Act, 1965 is in force. (3) They shall come into force at once. 2. Definitions :- In these rules, unless the context otherwise requires: (a) "Act" means, the Karnataka Excise Act, 1965; (b) "Licence" means, a licence granted under these rules, (c) "Licensee" means, a person holding the licence issued under these rule. 3. Cutting to be under licence :- (1) No person shall cut or remove dead date wood or leaves from date trees. 1 [* * *] except under a licence obtained in accordance with these rules. Provided that in localities where date groves are in excess of demand for toddy or may nbt be required for supply of toddy elsewhere or where Kir-ichal (Phoenix Farinifera) is not available, persons who are not professional rope makers, basket makers or mat makers may be allowed, free of charge, the use of date leaves t o be required for making ropes or for any other bona fide agricultural purposes; Provided further that in such localities as may be specified by the Deputy Commissioner, any manufacturer of jaggery or a potter who pays "mohatarfa" tax may be permitted to remove dry date leaves for fuel free of charge. Provided also that no licence shall be necessary for cutting or using leaves of date trees when such cutting is incidental to drawing toddy; (2) Professional rope makers, basket makers, mat makers, and others not entitled to use date leaves free of charge under sub- rule (1) may be granted a licence for removal of date leaves on payment of fees at the following rates, namely: (a) For a period not exceeding 6 months - Rs. 6 (b) For a period exceeding six months - Rs. 12 (3) No licence shall be granted in the localities where Kir-ichal is available or where date trees are rare or not sufficient for the purposes of drawing toddy. (4) No licence shall be granted for a period exceeding one year. 1. The words "belonging to or under the control of the State Government" omitted by GSR 168, dated 3/6-5-1969, w.e.f. 15-5- 1969. 4. Application for licence :- (1) Any person desiring to obtain a licence under these rules may apply to the Deputy Commissioner for the same. (2) The application shall be accompanied by the prescribed fee. (3) The Deputy Commissioner may, after such enquiry as he deems fit, grant the licence. (4) The licence shall be issued in Form No. 1 and the licensing authority shall specify therein the number of head or cart loads of the leaves permitted to be removed from the date trees at a time. (5) The licence shall not be transferable and no person except the "licensee or a member of his family or a bona fide servant of his shall cut the date leaves under the licence. (6) The licence shall be produced whenever required by an Officer of the Excise, Police or Revenue Department, not below the rank of a sub-Inspector of Excise, Police Sub-Inspector or Revenue Inspector, as the case may be. (7) The licensee shall return the licence to the Excise Department after its period has expired. 5. Conditions of the licence :- Every licensee and every person permitted to cut the dead date wood or leaves shall while cutting the date leaves comply with the following conditions, namely: (a) No leaves shall be cut or removed from the groves other than such as may be specified in the licence. (b) No leaves shall be removed from the trees of the groves which have been reserved for tapping toddy. (c) No leaves shall be cut from young and immature trees, the trunk of which is less than 1.83 metres in height from the ground to the point of springing of the branches. (d) Only two leaves from each tree will be removed in one year. (e) The four tender leaves including the central shoot shall on no account be removed. 6. Permission to cut trees in certain cases :- (1)The Deputy Commissioner may permit an agriculturist to cut the dead date trees for bona fide building purposes from the groves which are not reserved for drawing toddy and issue a permit in this behalf. (2) In localities where fuel is scarce, the Deputy Commissioner may permit the use of dry date leaves and unserviceable dead wood as firewood for bona fide use as fuel for domestic purposes but not for sale. (3) During a famine or scarcity or drought seasons, the Deputy Commissioner may permit the cutting of date leaves from the trees which are not reserved for drawing toddy for being used as fodder. 7. Cutting from Bagini and Palmyra trees :- These rules shall be applicable, mutatis mutandis for the cutting and removal of dead wood and of leaves of Bagini and Palmyra trees other than Kir-ichal or Hul-ichal. 8. Repeal and Savings :- All rules corresponding to the foregoing rules framed under any enactment repealed by Section 72 of the Act are hereby repealed: Provided that the repeal shall not affect. (a) the previous operation of the rules so repealed or anything duly done or suffered thereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under any rule so repealed, or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any rule so repealed, or (d) any investigation or legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if such rules had not been repealed. Provided further that subject to the preceding proviso anything done or action taken (including any appointment or delegation made, notification, order, instructions or direction issued, form, certificate obtained, permit or licence granted or registration effected under any such rules) shall be deemed to have been done or taken under the corresponding provisions of these rules and shall continue to be in force accordingly, unless and until superceded by anything done or any action taken under the Act or these rules as the case may be.