Power to make rules to regulate the transit possession of timber

OR POSSESSION

and other forest produce-(1) The Government may make rules to regulate-

1. (i) the floating of timber in the rivers in the State and the transit of timber and other forest produce by land or water; 2[(ii) The possession of forest produce of such value or quantity as may be specified in this behalf.] . Substituted by Act 15 of 2016, section 5. . Substituted by Act 15 of 2016, section 6.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may-
   • (a) specify 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 forest produce without a permit from a forest officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such permit, or in the case of timber, without a transit mark affixed by such officer;
   • (c) provide for the issue, production and return of such permit or in the case of timber, for affixing of transit-mark and for the payment of the 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 on account of the price thereof, or on account of any duty, fee, royalty, or charge due thereon or to which it is desirable for the purpose of this Act to affix a mark;
   • (e) provide for-
     • (i) the establishment and regulation of depots and stations to which such timber or other forest 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, the conditions under which such timber or other forest produce shall be brought to, stored at and removed from such depots or stations;
     • (ii) the setting up of a check-post or the erection of a barrier or both at such places as the Government may specify with a view to prevent or check the carrying of smuggled forest produce; and
     • (iii) the management and control of such depots, stations, check posts or barriers and for regulating the appointment and duties of persons employed thereat;
   • (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 throwing of grass, brush-wood, branches

or leaves into any such channel or river or any act which may cause such channel or river to be closed or obstructed;

1. (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 act or negligence caused such obstruction; 1[(h) Prohibit absolutely or regulate, subject to such conditions in the entire State of Andhra Pradesh or within such local limits as may be specified, the establishment of pits or machinery for sawing, converting, cutting, burning, concealing or marking of timber, the altering or effacing of any marks on the same, of the possession or carrying of hammers or other implements used for marking timber;]
   • (i) regulate the use of property marks for timber and the registration of such marks, declare the circumstances in which the registration of any property marks may be refused or cancelled; prescribe the time for which such registration shall hold good, limit the number of such marks that may be . Sub-section substituted by Act 35 of 1997, section 2. registered by any one person and provide for the levy of fees for such registration;
2. (j) provide for the maintenance of accounts in respect of all classes of sandal wood and red sanders wood stored in private lands, depots, markets or factories, for industrial or commercial purposes;
3. (k) provide for the protection of bridges, locks or other public works by regulating the floating of timber and the storing of such timber or other forest produce on river banks and authorising the seizure of such timber or other forest produce floated or stored in contravention of such rules or by which any damage to such work may have been caused, and the detention and disposal of such timber or other forest produce until compensation has been made for the damage done. 1[(l) provided for levying of fee for issue of permits for transport of timber or other forest produce.]

1. (3) The Government may, by notification, direct that any rule made under this section shall not apply to such classes of timber or other forest produce or to such local area, as may be specified by them. (4) 2[(a) whoever contravenes any rule made under this section shall be punishable,-
   • (i) in every case where any of the acts aforesaid relates to red Sanders wood or Sandal wood or any 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 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;
     • (ii) in any other case, with imprisonment for a term which shall not be less than three months but which may extend upto five years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees: Provided that,
   • (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
   • (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;]
   • (b) If an offence under this section is committed, after sunset and before sunrise or after preparation for resistance to lawful

. Inserted by Act 15 of 2016, section 6.

. Substituted by Act 15 of 2016, section 6.

authority or where the offender has been previously convicted of a like offence, the magistrate having jurisdiction may inflict double the penalty prescribed for such offence.