Amendment status not verified — confirm the current text below against the official source.
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 all timber and other forest produce in transit by land or water shall be vested in the State Government, and they may make rules to regulate the transit and possession of all timber and other forest produce. (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 produce may be imported, exported or moved into, from or within the State; (b) prohibit the import or export or moving of such timber or other forest produce without a pass from an officer duly authorised to issue the same and otherwise than in accordance with the conditions of such pass; 22 (c) provide for the issue, production and return of such passes and for the payment of fees thereof; (d) provide for the stoppage, reporting, examination and making of timber or other produce in transit, in respect of which there is reason to believe that any money is payable to Government on account of the price thereof or on account of any fee, royalty or charge due thereon, or to which it is desirable for the purpose of this Act to affix a mark; (e) provide for the establishment and regulation of deposits to which such timber or other forest produce shall be taken by the person 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, the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or be 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 mills, or saw pits, the converting, cutting, burning, concealing or making of timber the altering or effacing of any marks on the same or the 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 person, and provide for the levy of fees for such registration. (j) provide for maintenance of accounts for timber received at or despatched from the saw mills; (k) regulate the possession and transit of valuable produce like sandal wood, tusks and wild life trophies. (3) The State 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. NOTES (1) Rule 7 of Odisha Forest Contract Rules, 1966 - Forest produce removal contract - The same was not completed within the stipulated time - Period of extension granted - During the extension period, the contract was not completed - Further extension sought by contractor- Initially, 23 extension was granted but cancelled ultimately - Contractor sustaining loss on ground of not felling trees during the extended period, does not wise - Hence, suit for recovery of loss sustained is not maintainable- AIR 2002 (Odisha)-1. (2) Section 45 - Lease for collection of forest produce, granted in favour of Co-operative Society with a condition for renewal on due date - Lease continuing - Govt.’s policy to grant more leases in one are to avoid monopoly - This is not applicable to leases in favour of Co-operative Societies - Hence, it is illegal to grant lease for collection of minor forest produce, in favour of another party in the same area - AIR 1998 Odisha-180. (3) Section 45, 46 and 83 - The accused could neither give any explanation nor produce the licence for the hand-sawn logs found in the accused’s house - Reasons for this not being an offence under the above sections been explained - may be an offence under the Odisha Timber Transit Rules or Odisha Forest Saw Pits and Saw Mills (Control) Rules, but does not come under the ambit of those sections and hence cognizance not taken under the Act - 1994(1) OLR-255. In view of the above decision, cognizance cannot be taken under the above sections, section 83 of the Act provides that any person provided shall be violating any provision of the Act or the Rules, for the violation of which no penalty is punishment for a maximum period of two months imprisonment or fine of Rs.1,000/- or with both - 1994(1) OLR-255. Section - 45 - On the strength of a warrant the petitioner’s premises was searched by the Forest Range Officer Anandpur on 15.9.94 at 9 A.M. and he seized 666 pieces of sal and piasal variety of timber - The petitioner could not produce any authority for such possession - It was held by the court that Sections 45 and 46 are not penal sections, but Section 46 is only an enabling section authorising the State Govt. to frame rules for regulating possession of forest produce with a punishment of one year’s imprisonment and fine - It is neither proper nor legal to take cognizance under Sec. 46 of the Act - 1991(II) OLR-307,; 1991 Cri.L.J.-2642.