Section 41: Power to make rules to regulate transit of forest produce

41. 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 contr ol of all timber and other forest-produce in transit by land or water, is vested in the 1[Provincial Government], and it may make rules to regulate the transit of all timber and other forest-produce. 1Subs. by A.O., 1937, for “L.G.”. 2Subs. by A.O., 1937, for “local official Gazette”. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. 4The original words “the Govt.” were first subs. by A.O., 1937, and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. 5Added by Ordinance X of 1962, s. 2. 6Proviso omitted by A.O., 1937. 7Sub-sections (3) and (4), as amended by A.O., 1937, omitted by Ordinance X of 1962, s. 2. (2) In particular and without prejudice to the generality of the foregoing power such rules may___ (a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within 1[the Province]; (b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly 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 and for the payment of fees therefor; (d) provide for the stoppage, reporting, examination and marking of timber or other forest-produce in transit, in respect of which there is reason to believe that any money is payable to 2[the Government] on account of the price thereof, or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark; (e) provide for the establishment and regulation of depots to which such timber or other produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it; and the conditions under which such timber or other produce shall be brought to, stored at and removed from such depots; (f) prohibit the closing up or obstructing of the channel or banks of any river used for the transit of timber or other forest-produce, and the throwing of grass, brushwood, branches or leaves into any such river or any act which m ay cause such river to be closed or obstructed; (g) provide for the prevention or removal of any obstruction of the channel or banks of any such river, and for recovering the cost of such prevention or removal from the person whose acts or negligence necessitated the same; (h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or th e possession or carrying of marking hammers or other implements used for marking timber; (i) regulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration. (3) The 3[Provincial Government] may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area. 1Subs. by A.O., 1937, for “British India”. 2The original word “Govt.” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. 3Subs. by A.O., 1937, for “L.G.”.

Effective date: 1927-01-01

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