39. Power to make rules to regulate trade and transit of timber and other forest produce.
- The Government may make rules to regulate the transit of all timber or of certain classes of timber or forest produce within the limits of taluks in which Reserved Forests are situate or in taluks adjoining Reserved Forests, as may appear to be necessary. Such rules may (among other matters) :-(a)prescribe the routes by which alone timber may be imported into and exported from the State ;(b)prohibit the import or export or moving within defined local limits of timber or forest produce without a pass from the landholders from whose land It was brought, or from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;(c)prescribe the form of such passes and provide for their issue, product on and return ;(d)provide for the stoppage, reporting, examination and marking of timber and other forest produce in transit within defined local limits or at stations established as hereinafter provided ;(e)establish, or authorise the Chief Conservator of Forests to establish, stations to which such timber or forest produce shall be taken by those in charge of it for examination or marking; and the conditions under which such timber or forest produce shall be brought to, stored at and removed from such stations ;(f)provide for the management and control of such stations, and for regulating appointment and duties of persons employed thereat;(g)authorise the transport of timber or forest produce, the property of Government, across any land and provide for the payment of compensation for any damage done by the transport of such timber or forest produce ;(h)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 and leaves into any such river, or any act which may cause such river to be closed or obstructed ;(i)provide for the prevention and 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, or by the sale of any timber, causing such obstruction ;(j)provide for the protection of bridges, locks or other public works, by regulating the floating of timber, and the storing of timber on river banks and by authoriSing the seizure of timber floated or stored in contravention of such rules, or by which any damage to such works may have been caused, and the detention and disposal of such timber until compensation has been made for the damage done ;(k)regulate the use of property marks for timber and provide for the registration of such marks ; declare the circumstance in which the registration of any property marks may be refused or cancelled, prescribe the tune 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 ; and(l)provide generally for the protection of the revenue from forests.Explanation. - For the purpose of this section timber or forest produce found on, or on the margin of any public road whether loaded in carts or other vehicles or not and timber found in any river or stream whether tied into rafts or not, shall be presumed until the contrary ts proved to be timber or forest produce in transit.
