NF Act 40अध्याय VI · Control of Forest Produce In Transit

धारा 40 · Power to make rules to regulate transit of forest produce

(1)

The control of all rivers and their banks as regards the floating of timber, as well as the control of forest produce in transit by land or water, is vested in the State Government, and the Government may make rules to regulate the transit of any forest produce.

(2)

Such rules may, among other matters-

(a)

prescribe the routes by which alone forest produce may be imported into, exported from or moved within, to the territories which this Act extends ;

(b)

prohibit the import, export, collection or moving of forest produce without a pass from an officer authorised to issue the same, or otherwise than in accordance with the conditions of such pass ;

(c)

provide for the issue, production and return of such passes ;

(d)

fix or authorise any Forest Officer, subject to the control of the State Government, to fix the fees payable for such passes ;

(e)

in the case of timber formed in a raft or fastened to the shore, prohibit the loosening or the setting adrift of such timber by any person not the owner thereof or not acting on behalf of such owner or the Government;

(f)

provide for the stoppage, reporting, examination, and marking forest produce in transit in respect of which there is reason to believe that any money is payable to the Government or to which it is desirable, for the purpose of this Act, to affix a mark ;

(g)

establish revenue stations to which forest produce is to be taken by the persons in-charge or for examination, or for the realisation of such money, or in order that such mark may be affixed to it, and prescribe, or authorise a Forest Officer subject to such control as aforesaid to prescribe conditions under which forest produce is to be brought, stored at, and removed from such revenue stations ;

(h)

provide for the management and control of such revenue stations and for regulating the appointment and duties of persons employed thereat ;

(i)

authorise the transport of timber across any land and provide for the 1 award and payment of compensation for any damage done by transport of such timber ;

(j)

prohibit the closing up or obstruction of the channel or banks of any river used for the transit of forest produce, and the throwing of grass, bush-wood, branches or leaves into any such river, or any other act which tends to cause obstruction of such channel;

(k)

provide for the prevention and removal of any obstruction in the channel or on the banks of any such river and for recovering the cost of such prevention or removal from the person causing such obstructions;

(l)

prohibit absolutely or subject to conditions within specified local limits, the establishment of saw-pits, the converting, cutting burning, concealing, marking or super-marking of timber, the altering or effacing of any marks on the same and possession or carrying of marking hammers or other implements used for marking timber ; and

(m)

regulate the use of property-marks for timber and the registration of such marks, authorise the refusal or cancellation of the registration of any property marks, prescribe the time for which the registration of property marks is to hold good, limit the number of such marks which may be registered by any one person and provide for the levy of fees for such registration.

(3)

The State Government may direct that any rule made under this section shall not apply to any specified class of timber of other forest produce or to any specified local area.

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