Paragraph numbers below are the court’s original numbering, recovered from the source text.
10. Existing inventorised stock of timber originating from plantations in T.N. GODAVARMANTHIRUMULPADv. U.0.1. private and community holdings in the States ofMaghalaya, Mizoram, Tripura, A Manipur and Nagaland may be disposed of by their owners under the relevant State laws and rules. In States where such laws and rules do not exist, the necessary laws and rules may be framed within six months. Pricing of Timber
11. The State Governments shall ensure that timber/forest Produce is supplied to industries, including Government Undertakings, at full market rate. The existing royalty shall be reviewed and revised upwardly by a Committee constituted under the Chairmanship of Principal Chief Conservator of Forests With representatives form the concerned Departments and Shall also include C a representative of Ministry of Environment and Forest. The prices of timber for which royalty has not been realized in full shall also be reviewed by this Committee and the concerned industry shall be required to pay the revised price or the royalty (including surcharge, fee etc.,) whichever is higher after deducting the part royalty already paid. -..:' Licensing
12. Licenses given to all wood based industries shall stand suspended.
13. Wood based industries which have been cleared by the High Power Committee without any penalty shall have the option to shift to industrial E estates which shall be identified by the States within 45 days and developed within six months thereafter.
14. Units which have been penalised because they were found to exceed normal recovery norms, but were within 15% fo the said norms, will have a right to approach the High Power Committee on or before 9th February, F 1998. The High Power Committee shall examine all relevant material, in particular the income tax and excise records for the proceeding three years. The High Power Committee shall dispose of such applications within 45 days thereafter and such mills may be granted licence of the High Power Committee finds that it is not against public interest so to do.
15. Units which have not furnished details/information to the High Power Committee so far or which have not been cleared by the High Power Committee, shall not be granted any licence and the stocks in their custody if any, shall be confiscated to the State Goverun.ent . In case of leased mills belonging to corporations/trusts/cooperative societies owned/controlled/ H (1998] l S.C.R. A managed by the State Government and where the lessees have shall stand revoked. Such mills shail, however, be eligible for relicensing subject to the condition that these mills are not leased out in future except to a entity fully owned by the Government.
16. Units who do not want to shift to the designated industrial estates B shall be allowed to wind up as per law.
17. Henceforth, licenses of units shall be renewed annually only in those cases where no irregularity is detected.
18. There shall be a complete moratorium on the issue of new licenses C by the State Governments or any other authority for the establishment of any new wood based industr; [or the next five years after which the situation shall be reviewed with the concurrence of Ministry of Environment and Forests.
19. Number of wood based industries shall be determined strictly within the quantity of timber which can be felled annually on sustainable basis as ·,.. determined by the approved working plans from time to time. If it is found that units after relocation in industrial estate have excess capacity then their capacities shall be reduced pro rata to remain within the sustainable levels. E Forest Protection
20. An action plan shall be prepared by the principal Chief Conservator of Forests/Chief Forest Officer for intensive patrolling and other necessary protective measures to be undertaken in identified vulnerable areas and quarterly report shall be submitted to the Central Government for approval. F The approved plan together with the modifications, if any, shall be acted upon.
21. To en·sure protection of the forest wealth the forest officers in the North Eastern States may be empowered with authority to investigate, prosecute G and confiscate on the lines of the powers conferred on the forest officers in many other States in the country.
22. The State Governments shall be responsible for providing all facilities including security and police force to strictly enforce forest protection measures to stop illicit felling, removal and atilisation of such timber. The H Chief Secretary shall review the various matters concerning forest protection T.N. GODA YARMAN THIRUMULPAD v. U.0.1. and development in his State at least once every six months with senior forest A officers upto the rank of Conservator of Forests. Regional Chief Conservator of Forests of MoEF shall be invited to all such meetings. Scientific Management of Forest
23. Working plans for all forest divisions shall be prepared by the state B Governments and got approved from the Government of India. Forest working shall be carried out strictly in accordance with the approved prescriptions of the working plans. The working plans should be prepared within a period of two years. During the interregnum the forests shall be worked according to an annual felling programme approved by the MoEF which shall be C incorporated in the concerned working plan. In case a working plan is not prepared within this time frame, future fellings will remain suspended till the regular working plan is prepared and got approved.
24. The forests under the District, Regional and Village Councils shall be worked in accordance with working schemes which shall specify both the D programme for regeneration and harvesting and whose period shall not be less than 5 years.
25. The maximum permissible annual yidd in the ad interim measures suggested above, shall not exceed the annual harvestable yield determined by Ministry of Environment and Forests. The plantation scheme raised on E private and community holdings shall be excluded from these requirements but shall be regulated under respective State rules and regulations.
26. The States shall identify ecologically sensitive areas in consultation with leading institutions like the Indian Council of Forestry Research and Education, Wildlife Institute of India, North Eastern Hill University, North F Eastern Regional Institute of Science and Technology, leading NGos, etc., and ensure that such areas .are totally excluded from any kind of exploitation. The minimum extent of such areas shall be I 0% of the total forest area in the State. Action against officials
27. The State Government shall identify within 45 days all those forest di.visions where significant illegai fellings have taken place and initiate disciplinary/criminal proceedings against those found responsible. The first action taken report (A TR) in this regard shall bt ~ubmitted to the Central Government within three months which shall be followed by quarterly reports H [1998] l S.C.R. A (QRs.) till the culmination of the matter. General
28. Timber extraction in forests irrespective of ownership, except in private plantations, shall be carried out by a State agency only. The States B shall endeavour to adopt pattern obtaining in the state of Himachal Pradesh as describ~d in para 2.5.3 of the Rajamani Committee Report. If there be any local laws/customs relating to the forest in any State, the concerned State Government may apply to this Court for the needed C modification, if any, with alternative proposal.
29. The penalties levied on the wood based industries as ordered by the High Power Committee shall constitute the revolving fund to meet the expenses involved in collection and transportation of seized illegal timber. These can be augmented by utilising the funds generated by the initial sales D of illegal timber already available in the forest depots.
30. Each State shall constitute a State level Expert Committee for matters concerning the preparation of working plans, their implementation, development of industrial estates, shifting of industrial units to these estates, rules and regulations regarding the grant and renewal oflicenses to wood based industry E and other ancillary matters, under the Chairmanship of Principal Chief Conservator of Forests and with a nominee of Ministry of Environment and Forests as one of its members., Any decision of this Committee which is not acceptable to the State Government shall be referred to the Central Government.
31. The existing permit system in Arunachal pradesh shall stand abolished. The State Government may provide financial assistance in cash or kind in the form of timber only for the bonafide use of the local tribals alone. Such concessional timber shall not be bartered or sold. Felling of trees for such purpose shall be carried out only by a Government agency.
32. The total sale proceeds from the sale of seized timber, as well as G timber products manufactured and disposed by the State Government (vide para 4) and penalties would be credited to the State Revenues. Out of this, the State shall utilise one half of the amount for raising forest plantations by local tribal population and as assistance to the tribals. The remaining one half of the total sale proceeds, after deduction of the expenses therefrom, would H go to the State coffers for other developmental activities in the State. T.N. GODAVARMAN THIRUMULPAD v. U.0.1.
33. (The States shall ensure that sufficient budgetary provisions are A 1 made for the preservation of biodiversity and protection of wildlife. J
34. To ensure that timber/forest produce smuggled across the border may not be used as a cover for trade in illegal timber, it is directed that all B such timber seized by Customs/Border Security Force should not be redeemed in favour of individuals who are smuggling it but should be confiscated and handed over to the concerned State forest Department along with offenders, vehicles, tools and implements for prosecution under the relevant acts.
35. For the proper and effective implementation of these orders, Ministry of Environment and Forests will have the liberty to issue suitable directions consistent with this order.
36. Action taken report be filed by each State Government and the Ministry of Environment and Forests every two months.
37. Liberty to apply for modification/clarification in case of need. (NOTE : In this order the term "State Government" would include District Council also except where the context implies otherwise.) R.P. Petitons still Pending. c