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[Cites 0, Cited by 3] [Section 41] [Entire Act]

Union of India - Subsection

Section 41(3) in Indian Forest Act, 1927

(3)The [StateGovernment] [Substituted by A.O.1950, for "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.
[Goa].- In Section 41(i) in Cl. (h), after the words saw-pits, insert saw mills and sawing contrivances;(ii) after Cl. (h), insert the following clause, namely:(ha) Regulating by grant of licences within specified limits, the converting or cutting of timber in saw mill and sawing contrivances and prescribe fees and conditions subject to which such licences may be granted.Goa Act 15 of 1989, Section 2 (w.e.f. 10-8-1989).[Gujarat].- In its application to the State of Gujarat, in Section 41,(a) in sub-S. (2)(i) in Cl. (c), delete the words and for the payment of fees therefor;(ii) in Cl. (h), for the words or subject to conditions, substitute or regulate by grant of licences,; and(iii) in Cl. (i), delete the words and provide for the levy of fees for such registration;(b) after sub-S. (2), insert the following sub-section, namely:(2-A) Any rules made under this section may provide for the levy of fees for the issue of passes, grant of licences and registration of property marks referred to in clauses (c), (h), and (i) of sub-section (2).Gujarat Act 48 of 1963, Section 2 (w.e.f. 21-2-1963).[Maharashtra].- In its application to the State of Maharashtra, in Section 41,(a) after sub-S. (1), the following sub-section shall be inserted, and shall be deemed to have been inserted, with effect from the 12th of September 1960, namely:(1-A) Notwithstanding anything contained in any law for the time being in force, the State Government may make rules to regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may be filed.;(b) in sub-S. (2), Cl. (hh) inserted by Maharashtra Act 15 of 1965, Section 2 shall be deleted, and shall be deemed to have been deleted, with effect from the 10th day of February, 1965.Maharashtra Act 23 of 1984, Section 2.[Uttar Pradesh].- In its application to the State of Uttar Pradesh, in Section 41, after sub-S. (2), add the following new sub-sections, namely:(2-A) The State Government may by notification in the Gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2).(2-B) Notwithstanding any judgment, decree or order of any Court any rule purported to have been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of sub-section (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised thereunder, and shall be deemed to be always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a duly authorised Conservator, as the case may be:Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person under section 42 for any act done before the commencement of the said Act.U.P. Act 23 of 1965, Section 13 (w.e.f. 23-11-1965).[West Bengal].- In its application to the State of West Bengal, in Section 41,(a) for sub-S. (1), substitute the following sub-section, namely:(1) The control of all rivers and their banks as regards the floating of timber and other forest-produce, as well as the control of transit of all timber and other forest-produce by land or water and the control of trade and possession of timber and other forest-produce, is vested in the State Government, and it may make rules to regulate the transit of all timber and other forest-produce as well as the trade and possession of timber and other forest-produce.;(b) in sub-S. (2), after Cl. (i), insert the following clause, namely:(i) provided the regulation by licence or permit of trade and possession of timber and other forest-produce, and the levy of fees for such licence or permit.W.B. Act 22 of 1988, Section 6.
[41-A. Powers of Central Government as to movements of timber across customs frontiers. [Inserted by A.O.1937.]- Notwithstanding anything in section 41, the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from [the territories to which this Actextends] across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under thissection.]