QUETTA DIVISION MAZRI CONTROL RULES, 1970

QUETTA DIVISION MAZRI CONTROL RULES, 1970

[Gazette of Baluchistan, Part 1, 22nd January 1971]

No. SOAIV/70/280/FOREST.‑In exercise of the powers conferred by sections 12(1), 13, 14 and 15 of the Baluchistan Forest Regulation, 1890 (Regulation V of 1890) and in supersession of Notification No. 2/48/ FC/171/FST, dated the 16th January 1951, the Governor of Baluchistan is pleased to make the following rules to regulate the cutting and movement of Mazri from Quetta Division;

1. Short title and extent.‑These rules may be called the Quetta Division Mazri Control Rules 1970.

2. They shall extend to the whole of Quetta Division.

3. These rules shall come into force at once.

4. Interpretation.‑In these rules, unless there is anything repugnant in the subject or context s

(a) "Mazri or Pish" means dwarf palm (Nannorhops ritichieana).

(b) " Mazri or Pish Produce" includes the Mazri and its leaves, stems and roots and articles made from mazri.

(c) "Divisional Forest Officer". means officer incharge of a Forest) Division.

(d) "Mazri Offence" means an offence punishable under these ruler.

(e) "Government" means the Government of Baluchistan.

(f) Any expression used in the rules and not herein defined but defined in the Baluchistan Forest Regulation, 1890 (Regulation V of 1890) shall be deemed to have the meaning assigned to it in the said Regulation.

5. Exemption for villagers for bona fide use.‑Bona fide resident villagers of the area in which Mazri or dish is growing, may remove Mazri Leaves, for domestic purposes, within the area within the limits of which such Mazri growing land is situated, without permission provided that any Mazri thus collected shall only be used for the ordinary domestic purpose and not for sale or any other purpose.

6. Prohibition for removal.‑No person shall remove, or cause or permit any other person to remove or shall in any manner abet the removal by any person of Mazri or Mazri produce for the purpose of trade, save as provided in these rules.

7. Application for grant of permit.‑If any such person at any time desires, within the limits of any land to which these rules extend, to cut and remove Mazri for commercial purposes, he shall apply for the grant of permit to the Divisional Forest Officer or his nominee, and shall abstain from lifting or transporting the mazri or mazri produce until he shall have received such permit and shall act in accordance with the subject to the terms and con­ditions thereof and not otherwise.

Provided that the period of validity of the permit shall be determined by the Divisional Forest Officer or his nominee, as the case may be.

8. Levy of royalty.‑A person applying for the grant of a permit under the preceding rule with intention of removing Mazri leaves or Mazri‑product for the purpose of trade, shall pay a royalty of Paisa 50 (Fifty) per maund of the produce, or any part thereof.

9. Power to revoke or cancel the permit.‑The Divisional Forest Officer or his nominee may extend the period of validity of any permit issued by him and may likewise cancel or revoke any permit issued or extended.

10. Power to inspect the permit.‑Every permit holder shall produce his permit for inspection when called upon to do so, by any Forest Officer or by any, Police Officer not below the rank of Assistant Sub‑Inspector.

11. Surrender of permit.‑T be permit shall be returned on the expira­tion of the period for which it is valid at the Forest Check post nearest to the destination where Mazri or Mazri‑produce is intended to be removed; whether such Mazri or Mazri‑product has actually been removed or not.

12. Power of the Forest Officer for seizure.‑A Forest Officer may seize, or cause to be seized, Mazri or Mazri produce being removed in contra­vention of these rules.

13. Power for search.‑A Forest Officer may search any house, vehicle, vessel or any other place where, he has reasons to believe that, Mazri or Mazri produce is kept in contravention of these rules, and may seize such mazri or mazri produce.

14. Power for compounding the offences.‑Any Forest Officer, not below the rank of Forest Ranger, may compound any offence punishable under these rules on payment of compensation amounting to not less than the price of mazri and its produce.

15. Prohibition for fire.‑No person shall within the limits of Mazri bearing areas to which these rules apply, shall not set fire or cause or permit any person to set any mazri plant declared to be reserved by the Government.

16. Penalty for the contravention of Rules.‑Any person contravening the provisions of these rules shall be liable to punishment for a term which may extend to six months or with fine which may extend to Rs. 500 (Five hundred), or with both.

Provided that if the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender have been previously convicted of alike offence, the punishment may be double the one provided in this rule.