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 all 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 the territories to which this Regulation 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 control of the State Government, to fix the fees payable for such passes ;(e)in the case of timber formed into a raft or fastened to the shore, prohibit the loosening of the setting a drift of such timber by any person not the owner thereof or not acting on behalf of such owner of the Government;(f)provide for the stoppage, reporting examination and making of forest produce in transit in respect of which there is reason to believe that any money is payable to the Government or which is desirable for the purposes of this Regulation, to affix a mark ;(g)establish revenue-stations to which forest produce is to be taken by the persons in charge of it 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 the conditions under which forest produce is to be brought to, stored at and removed from such revenue-station ;(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 award and payment of compensation for any damage done by the transport of such timber ;(j)prohibit the closing up or obstruction of the channel or banks or any river used for the transit of forest produce and the throwing of grass, brushwood branches or leaves into any such river, or any other act which tends to cause the 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 obstruction ;(l)prohibit absolutely or subject to conditions and rules, within specified local limits, the establishment of saw mills, saw pits, veneer mills, plywood factories and any kind of forest based industries for the purpose of conversion, manufacturing, peeling, slicing, cutting, burning, concealing, marking or supermaking the timber, altering or effecting any of the marks on the same and possession or carrying of marking hammers or other implements, used for making timber ; and(m)regulate the use of property-marks for timber and the registration of such marks, authorise the refusal of cancellation of the registration of any property-marks, prescribe the time for which the registration of property-marks 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 may not apply to any specified class of timber or other forest produce or to any specified local area.
