Power to make rules to regulate the transit
possession of timber and other forest produce
(1)The Government may make rules to regulate-
(i)
the floating of timber in the rivers in the State and the transit of timber and
other forest produce by land or water;
(ii)
the possession of teak wood of such value as may be specified in this behalf,
or red-sanders wood by any person residing in any village within a radius of
fifteen kilometres of such reserved forest as may be specified in this behalf.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may-
(a) specify
the routes by which alone timber or other forest 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
permit from a forest officer duly authorised to issue the same, or otherwise
than in accordance with the conditions of such permit, or in the case of timber,
without a transit-mark affixed by such officer;
(c) provide
for the issue, production and return of such permit or in the case of timber,
for affixing of transit-mark and for the payment of the 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 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 purpose of this Act to affix a mark;
(e) provide
for-
(i)
the establishment and regulation of depots and stations to which such timber or
other forest 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, the conditions under which such timber or other forest produce shall be
brought to, stored at and removed from such depots or stations;
(ii)
the setting up of a check-post or the erection of a barrier or both at such places
as the Government may specify with a view to prevent or check the carrying of
smuggled forest produce; and
(iii)
the management and control of such depots, stations, check- posts or barriers and
for regulating the appointment and duties of persons employed thereat;
(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 throwing of grass, brushwood,
branches or leaves into any such channel or river or any act which may cause
such channel or 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 act or negligence caused such obstruction:
(h) prohibit
absolutely or subject to conditions in the entire State of Andhra Pradesh or
within such local limits as may be specified, the establishment of pits or machinery
for sawing, converting, cutting, burning, concealing or marking of timber, the
altering or effacing of any marks on the same, of the possession or carrying of
hammers or other implements used for making timber;
(i) regulate
the use of property marks for timber and the registration of such marks, declare
the circumstances in which the registration of any property marks may be refused
or cancelled; 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;
(j) provide
for the maintenance of accounts in respect of all classes of sandalwood and
red-sanders wood stored in private lands, depots, markets or factories, for industrial
or commercial purposes;
(k) provide
for the protection of bridges, locks or other public works by regulating the
floating of timber and the storing of such timber or other forest produce on river
banks and authorising the seizure of such timber or other forest produce floated
or stored in contravention of such rules or by which any damage to such work
may have been caused and the detention and disposal of such timber or other
forest produce until compensation has been made for the damage done.
(3) The Government may, by notification, direct that any
rule made under this section shall not apply to such classes of timber or other
forest produce or to such local area, as may be specified by them.
(4)(a) Whoever contravenes any rule made under this
section shall be punishable-
(i)
in every case, where such contravention relates to sandal-wood or red-sanders
wood, with imprisonment for a term which shall not be less than three months
but which shall not exceed one year and with fine which shall not exceed ten
thousand rupees;
(ii)
in any other case, with imprisonment for a term which may extend to one year or
with fine which may extend to two thousand rupees or with both.
(b) If an offence under this section is
committed, after sunset and before sunrise or after preparation for resistance
to lawful authority or where the offender has been previously convicted of a
like offence, the Magistrate having jurisdiction may inflict double the penalty
prescribed for such offence.
