K.C.AGRAWAL, J. - (1.) This writ petition challenges the validity of the Rajasthan Forest Produce (Establishment and Regulation of Saw Mills) Rules, 1983 (hereinafter referred to as 'Rules of 1983') framed by the State Government in exercise of powers conferred by Sections 41 and 42 of the Rajasthan Forest Act, 1953 (hereinafter referred to as the 'Act').
(2.) The petitioner is an Association of Ara Machinery and Lakri Vikreta Sangh and all those who are engaged in this business in the district of Nagaur are its members. The association looks after the interest of its members.
(3.) In exercise of power conferred by Sections 41 and 42 of the Act, the State Government made the rules to provide for the establishment and regulation of saw mills. Rule 3 of the Rules of 1983 is as under :- "(i) No person or authority shall, after the commencement of these Rules, establish any new saw mill except under and in accordance with a permit granted under Rule 4. (ii) No owner of a Saw Mill :- (a) in respect of which a licence has been granted under Rule 7, shall carry sawing operation in that mill after the licence has ceased to be valid; (b) in respect of which the licence has been cancelled or suspended under Rule 7 shall carry on sawing operation or suspension, as the case may be, during the period for which the licence has been suspended. To give effect to provisions of this clause the licensing officer shall take such steps which he thinks necessary in this regard, including sealing of saw mill with or without its accessories to stop sawing operation. (iv) No saw mill owner shall receive any timber from any customer for sawing on hire unless he furnishes a certificate of rightful ownership issued by a Revenue Officer not below the rank of a Tehsildar, or any officer authorised in this behalf. For the purpose of meeting the requirement contained in this clause, the following certificates of origins shall be considered as certificate of rightful ownership- (a) transit pass, issued by the Forest Deptt. (b) permission issued by Collector to the land holder under the provisions of Land Revenue Act or Tenancy Act; (c) certificate from Gram Panchayat for timber obtained from the trees standing in the land holding of Gram Panchayats; for felling for which the permission of the Collector is not required; (d) certificate from any competent authority if the timber which has been brought for sawing belongs to a Govt. Department, or a public sector undertaking. (v) It shall be the duty of the saw mill owner to inform the nearest officer of the Forest or Police Department about any timber brought by any customer without any legal permit. (vi) No owner of saw mill (a) shall without the previous permission of the Government, change the location of the whole or any part of saw mill in respect of which a permit has been granted under Rule 4; (b) shall, after the commencement of these rules, effect any expansion or production of diversification of capacity of the saw mill except with the previous permission of the licensing officer.";