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Jammu and Kashmir: Agro-forestry Wood Units Face Persistent Regulatory Ordeal

Srinagar, March 31: Despite the central government’s push for a simplified business environment, agro-forestry-based wood industries in Jammu and Kashmir are grappling with a complex and persistent web of regulations and procedural difficulties, hindering their growth and operational efficiency.

Information was available with The Chenab Times indicating that the wood-based sector has historically been a crucial component of the region’s economy, encompassing a range of activities from furniture making and handicrafts to the production of cricket bats and fruit boxes. These units, largely situated within industrial estates and municipal limits, not only support numerous livelihoods but also contribute significantly to both domestic and international markets.

A significant aspect of these industries is their reliance on agro-forestry timber, imported wood, or legally procured sawn timber, rather than exclusively on forest-based resources. This distinction is vital as national policies have consistently advocated for agro-forestry as a sustainable practice to alleviate pressure on natural forests. A Forest Survey of India assessment from 2011 indicated an annual availability of nearly 147.745 million cubic meters of agro-forestry timber from trees outside national forests, a figure that has reportedly increased since then.

However, the regulatory framework in Jammu and Kashmir continues to treat agro-forestry units as if they are engaged in forest extraction, revealing a disconnect between national policy objectives and their on-ground implementation. This situation is partly attributed to an expanded interpretation of the Supreme Court’s T N Godavarman Thirumulpad versus Union of India judgment, which had imposed restrictions on wood-based industries near forest areas. While subsequent directives permitted such units to operate within designated zones, the regulatory landscape in Jammu and Kashmir has not fully incorporated these relaxations.

To align with evolving requirements and central reforms, the Jammu and Kashmir administration introduced SRO-103 in 2012, later replaced by SO-321 in 2022, aimed at regularizing existing units and facilitating new ones. These measures were intended to synchronize with reforms introduced by the Ministry of Environment, Forest and Climate Change between 2016 and 2019. Despite these efforts, the implementation has remained partial, marked by considerable delays in reconstituting key committees, such as the State Level Committee, which occurred only recently after significant delays. Furthermore, critical provisions, including licensing exemptions for units solely using agro-forestry timber or imported wood, a practice adopted by several other states, continue to be inadequately addressed.

The primary bottleneck identified by stakeholders is the protracted licensing and renewal process managed by the Pollution Control Committee. Units operating for decades are repeatedly subjected to stringent requirements like obtaining both Consent to Establish and Consent to Operate, even at the renewal stage. The mandate to secure a “Consent to Establish” for already existing units has been widely criticized as procedurally illogical but persists. The process is further exacerbated by the necessity of acquiring multiple No Objection Certificates from various departments. The Pollution Control Committee often directs applicants to obtain land-use verification from the Revenue Department and clearances from Fire Services, initiating a cascade of procedural demands that entrepreneurs find exhausting.

Adding to the complexity, the Revenue Department has reportedly insisted on the dismantling of existing structures for land-use conversion, even for establishments that have operated on the same sites for many years. The Fire Services department imposes demanding conditions, such as the installation of large water storage tanks, irrespective of the unit’s size, scale, or actual risk profile, even if located in easily accessible areas. While online systems for applications have been introduced, many stakeholders view them as superficial, with the actual approval process still heavily reliant on repeated physical visits, manual file processing, and discretionary decision-making across different departmental tiers.

Consequently, the approval process can extend for months or even years, leading to significant financial strain and uncertainty for business owners. This situation contrasts sharply with national-level reforms where low-risk industries benefit from lifetime Consent to Operate and are categorized under risk-based frameworks with reduced compliance burdens. Agro-forestry wood units in Jammu and Kashmir, despite fitting the profile of low-risk industries, continue to face scrutiny comparable to high-risk operations.

The inherent contradiction lies in promoting agro-forestry as a sustainable and economically viable activity with ample raw material availability, while simultaneously subjecting the dependent industries to excessive regulatory oversight. The human impact of these prolonged administrative challenges is substantial, particularly for entrepreneurs from modest backgrounds with limited formal education. Navigating intricate digital systems and bureaucratic procedures often leads to extended periods spent pursuing approvals, with many reporting instances of intimidation and arbitrary demands.

The existing system, promoted as Ease of Doing Business, effectively translates into a mechanism that prioritizes control over growth, offering little protection against procedural excesses and administrative delays for legitimate operations. The Industries and Commerce Department, tasked with fostering industrial growth in Jammu and Kashmir, has remained notably inactive amidst these mounting challenges, raising significant concerns among stakeholders. As the region seeks to position itself as an attractive investment destination, the ongoing ordeal faced by agro-forestry-based wood units underscores the imperative need to bridge the gap between policy and practice, demanding meaningful reforms, administrative accountability, and proactive institutional support to fulfill the promise of ease of doing business.

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