Chapter V POSSESSION OF SANDALWOOD

1[OR RED SANDERS WOOD OR SCHEDULED TREE]

have in his possession any quantity of sandalwood in excess of ten kilograms, except under a licence granted by the Divisional Forest Officer in that behalf, and except such sandalwood as is marked by a forest officer in such manner as may be prescribed: Provided that the Divisional Forest Officer may, by order, refuse to grant or renew licence to any applicant or licensee in respect of whom he is satisfied that by reason of his conviction of an offence under this Act or the rules made thereunder, or the previous cancellation or suspension of any licence granted thereunder, or the contravention of any of the requirements as to the possession of sandalwood, or for any other ground that may be prescribed, he is not a fit person to whom a licence may be granted or renewed under this section, and every such order shall be communicated as soon as may be, to the applicant or the licensee, as the case may be.

possession any quantity of Red Sanders wood in excess of 20 kg expect under a license granted by Divisional Forest Officer in such a manner as may be Wood. Prescribed: Provided that the Divisional Forest Officer may by order refuse to grant or renew license to any applicant or license in respect of whom he is satisfied that by reason of his involvement in an offence under this Act or the rules made there under or the previous cancellation or suspension of any license granted there under or the contraventions of any of the requirements as to the possession of the Red Sanders Wood or for any other ground that may be prescribed he is not a fit person to whom a license may be granted or renewed under this section and every such order shall be communicated as soon as may be to the applicant or the licensee as the case maybe.

Scheduled tree- Wherever a vehicle is found to be involved in a forest offence involving Red Sanders Wood/Sandal Wood or Scheduled Tree, it will be presumed that the vehicle owner has committed the forest offence himself or through his agents and shall be liable for punishment as if he has committed the offence unless contrary is proved. . Inserted by Act 15 of 2016, section 7. .

Presumptions regarding commission of offence - Wherever an offender is prosecuted in case of forest offence involving Red Sanders Wood or Sandal Wood or Scheduled Tree, the burden of proof to prove innocence shall lie on the accused except in trivial offences.

(1) Private persons possessing Red Sanders Wood above 20 kg are required to inform their stocks to the concerned Divisional Forest Officer within 180 days from the date of commencement of the Andhra Pradesh Forest (Amendment) Act, 2016(Act No.15 of 2016). If no such declaration is made, the stock will be presumed to be illegal and liable to be deal with the material involved in an offence within the meaning of the said Act and the stock will be presumed to be property of the Government. (2) The private Red Sanders wood growers can sell the material within the State and outside the state in any form provided it is accompanied by documents prescribed for the transport, of Red Sanders Wood from the

1. (2) The private Red Sanders wood growers can sell the material within the State and outside the state in any form provided it is accompanied by documents prescribed for the transport, of Red Sanders Wood from the

Power to Amend Schedule -(1)The Government may, by notification, add to any tree or to omit any tree from the Schedule. (2). All references made in this Act to the Schedule shall be construed as references to the said Schedule as for the time being amended in exercise of the powers conferred by this Section.]

to provide for-

1. (a) the form and manner in which application for licence may be made;
2. (b) the terms and conditions which may be included in any licence and the fees for the grant of such licence;
3. (c) the grant of duplicate licence and the renewal of licence and fees for the same.

may, after recording the reasons therefor, cancel or suspend any licence granted under this Chapter, if he is satisfied that the licensee has contravened, or failed to comply with, any of the provisions of this Act or the rules made thereunder or any of the terms or conditions of the licence, after giving the licensee an opportunity of making a representation against the action proposed to be taken.

Forest Officer, refusing to grant or renew, or cancelling or suspending a licence under this Chapter may, within such time as may be prescribed, appeal to the Conservator of Forests who may make such order as he deems fit, after recording the reasons therefor.

1. (2) Any person aggrieved by an order of the Conservator of Forests in appeal preferred under sub-section (1) may, within such time as may be prescribed, prefer a second appeal to the Chief Conservator of Forests who may make such order as he deems fit, after recording the reasons therefor.

Whoever, in contravention of the provisions of this Act any rule made or license granted thereunder possesses Sandal wood or Red Sanders wood or Scheduled tree, shall upon conviction be punishable with imprisonment for a term which may extend to ten years and fine which may extend to ten lakh rupees: Provided that,- (a) in case of first offence, the term of imprisonment shall not be less . Substituted by Act 15 of 2016, section 9. than five years and an amount of fine shall not be less than three lakh rupees; and (b) in case of second and subsequent offences, the term of imprisonment shall not be less than seven years and an amount of fine shall not be less than five lakh rupees;] CHAPTER – VI OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

1. (a) in case of first offence, the term of imprisonment shall not be less . Substituted by Act 15 of 2016, section 9. than five years and an amount of fine shall not be less than three lakh rupees; and
2. (b) in case of second and subsequent offences, the term of imprisonment shall not be less than seven years and an amount of fine shall not be less than five lakh rupees;] CHAPTER – VI OF THE COLLECTION OF DRIFT AND STRANDED TIMBER

until title thereto is proved and may be collected accordingly -(1) (a)

All timber found adrift, beached, stranded or sunk.

1. (b) all timber bearing marks which have not been registered in accordance with the rules made under section 29 or on which the marks have been obliterated, altered or defaced by fire or otherwise, and
2. (c) all unmarked timber found in such areas as the Government may specify. shall be deemed to be the property of the Government unless and until, any person establishes his right and title thereto as provided in this Chapter.

1. (2) Such timber may be collected by any forest officer or by any other person empowered by a rule made under section 43 and may be brought to any depot which the forest officer may notify as a depot for the reception of drift timber.
2. (3) The Government may, by notification, and for reasons to be recorded in writing exempt any class of timber from the provisions of this section.

the forest officer or other person under section 37, he shall immediately report the same to the Divisional Forest Officer who shall publish a notice in the District Gazette concerned or where there is no such Gazette, in the Andhra Pradesh Gazette, requiring any person claiming the same to present to him within a period, not exceeding two months, from the date of such notice, a written statement of such claim. Such notice shall contain a description of the timber and the place from which it was collected and the depot or station at which it is stored.

any statement of claim is presented as required under section 38, the Divisional Forest Officer, may, after making such enquiry as he thinks fit, either reject the claim, or deliver the timber to the claimant, after recording the reasons therefor.

1. (2) Where such timber is claimed by more than one person, the Divisional Forest Officer may either deliver the same to any such person whom he finds to be entitled thereto after recording the reasons therefor, or may refer the claimants to the court, and retain the timber pending the receipt of an order from such court for its disposal.
2. (3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall be entitled to any compensation or cost against the Government or against any forest officer on account to such rejection, or the detention or removal of any timber, or the delivery thereof to any other person.
3. (4) Save as otherwise provided in this section no such timber shall be subject to the process of any civil, criminal or revenue court until it is delivered.
4. (5) Where the matter is pending before a court under this section, the Divisional Forest Officer may, with the permission of the court, instead of retaining the timber under sub- section (2), sell the timber in public auction and remit the sale proceeds into the nearest Government, treasury. The court may deal with the proceeds of the sale of any such timber in the same manner as it might have dealt with the timber if it had not been sold.

presented as required under section 38 or where the claimant fails to prefer his claim in the manner and within the period fixed by the notice issued under that section or on such claim having been so preferred by him and having been rejected, fails to institute a suit to recover possession of such timber within the further period fixed by section 39, the ownership of such timber shall vest in the Government free from all encumbrances or when such timber has been delivered to another person under that section, in such other person, free from all encumbrances other than those created by him.

collected under section 37 -The Government shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 37 and no forest officer shall be responsible for any such loss or damage unless he causes such loss or damage negligently, wilfully, maliciously or fraudulently.

-No person shall be entitled to recover possession of any timber collected under section 37 or delivered under section 39 until he has paid to the forest officer or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 43.

(1) The government may make rules to regulate the following matters, namely:-

1. (a) the salving, collection and disposal of all timber referred to in this Chapter;
2. (b) the use and registration of boats used in salving and collecting timber;
3. (c) the costs to be paid for salving, collecting, moving, storing or disposing of such timber;
4. (d) the use and registration of hammers and other implements used for marking such timber. 1[(2) Whoever contravenes any rule made under this section shall be punishable with imprisonment for a term which shall not be less than three months but which may extend up to five years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees: Provided that,-
5. (a) in case of first offence, the term of imprisonment shall not be less than three months but which may extend upto three years and with fine which shall not be less than five thousand rupees; and
6. (b) in case of second and subsequent offences, the term of imprisonment shall not be less than one year but which may extend upto five years with fine which shall not be less than thirty thousand rupees.] . Substituted Act 15 of 2016, section 10.