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Union of India - Section

Section 41 in Indian Forest Act, 1927

41. 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, is vested in the [StateGovernment] [Substituted by A.O. 1950, for "Provincial Government" and "Crown" respectively.], and it may make [rules] [See Andaman Forest-Produce Transit Rules, 1996; Bombay Transit of Forest-Produce (Vidharbha Region) Rules, 1960; Manipur Forests (Transit of Timber and Fores-Produce) Rules, 1996; Orissa Timber and Other Forest-Produce Rules, 1967 and U.P. Transit of Timber and Other Forest-Produce Rules, 1978.] to regulate the transit 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 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 produce without a pass from an officer duly authorized 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 and for the payment of 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] [[Substituted by A.O. 1950, for "Provincial
Government" and "Crown" , respectively.]] on account ofthe price thereof, or on account of any duty, fee, royalty or charge due thereon, or, to which it is desirable for the purposes of this Act to affix a mark;
(e)provide for the establishment and regulation of depots to which such timber or other 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, 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, and the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such 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 acts or negligence necessitated the same;
(h)prohibit absolutely or subject to conditions, within specified local limits, the establishment of 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 one person, and provide for the levy of fees for such registration.
(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.]