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In exercise of the powers conferred by Section 75, Clause (d) of the Indian Forest Act, 1878 (VII of 1878) as amended by the Indian Forest Act (V of 1890) and in supersession of Government Notification in the Revenue Department No. 2790, dated March 31, 1896, the Governor-in Council is pleased to make the following rule, with reference to Section 81 of the said Act amended as aforesaid, namely :-
Rule.
Whoever enters into any contract with any Forest Officer acting on behalf of Government, shall, if BO required by such Forest Officer, bind himself by a written instrument to perform such contract.
Explanation. - A person, who makes a written tender for a contract, or who signs the conditions of ,an auction sale at which he is a bidder, such tender or conditions of sale being on cr in a form furnished by ft Forest Officer for that purpose, whereby he
(a) binds himself to perform the contract for which he tenders or bids, in the event of his tender or bid being accepted, or
(b) binds himself not to withdraw his tender or bid during the time that may elapse before its acceptance or refusal is communicated to him, shall be deemed to have been required by such Forest Officer to bind himself as aforesaid, and in case (a) on the acceptance of his tender or bind, or in case (6) on the making of his tender or bid, to have hound himself accordingly, within the meaning of this rule; and any such person need not enter into a separate written instrument for the purpose, unless specially so required by the Forest Officer with whom he contracts.(The italics are mine).

Crump, J.

45. The point is whether the rule carries out the provisions of the Act.]

46. We submit it does. One of the provisions of the Act is to enter into a contract in respect of the forest produce to facilitate the profitable exploitation of the Indian forests and the rule in question does facilitate the sale of forest produce. Tenders over Rs. 5,000 have to receive the sanction of the Conservator of Forests; that sanction cannot be obtained without delay and if in the interval it was open to forest contractors to revoke their tenders, the whole work of the forest department to further the sale of their coupes would have to begin anew. Secondly, if a contractor, is guilty of breach of contract by not taking the produce and the produce is auctioned by Government, the surplus money that remains after payment of the Government dues goes to the contractor; the same result does not follow under the Indian Contract Act when the goods are re-sold under Section 107 of the Act.

76. That section was added by Act V of 1890, and was amended slightly by Act I of 1918. In 1908 the local Government notified an follows " in exercise of the power conferred by Section 75 (d) of the Indian Forest Act. 1878, as amended by Act V of 1890, and in supersession of the Government Notification in the revenue Department No. 2799, dated March 31, 1896, the Governor in Council is pleased to make the following rule with reference to Section 84 of the said Act amended as aforesaid :-

Whoever enters into any contract with any Forest officer acting on behalf of (Government, shall, if so required by such Forest Officer, bind himself by a written instrument to perform such contract.