Chapter IV MISCELLANEOUS

(1) The State Government by notification in the official Gazette may make rules consistent with this Act, to carry out the purpose of this Act.

(2) In particular and without prejudice to general legislation and foregoing powers such rules may provide for the following matters, namely : —

(i) to regulate collection and removal of forest produce from Jhumland,

(ii) to regulate or prohibit sawing and conversion of timbers,

(iii) to regulate or prohibit quarrying of stones,

(iv) to regulate the transport of forest produce,

(v) to regulate hunting, shooting and fishing,

(vi) to regulate the rewards to be paid to Officers and informers,

(vii) to declare the powers or duties conferred or imposed by or under this Act on Forest Officers and the manner in which they are to be exercised or performed,

(viii) to regulate or prohibit collection of sand,

(ix) to empower Forest Officer to hold inquiry into Forest offence and course of such inquiry to receive and record evidence and to direct the release of property or withdrawal of charges,

(x) prescribe -and authorise Forest Officers to realise fees, royalty and other payment for Forest produce and the manner in which such fees, royalty and other payment should be levied and realized

(3) Every Rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately after following, the Nagaland Legislative Assembly agree in making any modification in the Rules or the Nagaland Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule

All money, other than fines, payable to the Government under this Act, or under any rule made thereunder or on account of the price of -any forest produce, or of expenses incurred in the execution of this Act in respect of any forest produce, may, if not paid when due, be recovered under the Bengal Public Demands Recovery Act, 1913 (Bengal Act 3 of 1913) or under any other law for the time being in force.

(1) When any such money is payable for, or in respect of any forest produce, the amount thereof shall be deemed to be a first charge on such produce and such produce, may be taken possession of by a Forest Officer specially empowered in this behalf and may be retained by him until such amount has been paid. (2) If such amount is not paid when due, such Forest Officer may sell such produce by public auction, and the proceeds of the same shall be applied first in discharging such amount. (3) The surplus, if any, if not claimed within two months from the date of the sale by the person entitled thereto, shall be fortified to the Government.

(1) The Government shall not be responsible for any loss or damage which may occur in respect of any forest produce while at a Revenue Station established under a rule made section 29, or while detained elsewhere for the purposes of this Act, and no Forest Officer shall be responsible for any such loss or damage unless he shall have caused the same negligently, maliciously or fraudulently. (2) No suit or other legal proceedings shall lie against Government or any Officer in respect of anything which is done in good faith or intended to be done under this Act.

When any person, in compliance with any rule under this Act binds himself by any instrument to perform any duty or Act., or convenants by any instrument that he or that he and his servant and agents, will abstain from any act, the whole sum mentioned in such instruments as the amount to be paid in case of a breach of conditions thereof may, notwithstanding anything in section 74 of the Indian Contract Act. 1872 be recovered from him in case of such breach under the Bengal Demands Recovery Act. 1913 (Bengal Act. 3 of 1913) or any other law for the time being in force.

(1) If difficulty or doubt arises in giving effect to the provisions of this Act the State Government may by order published in the Gazette, make such provision, not inconsistant with the purpose of this Act as appears to it to be necessary or expedient for the removal if the difficulty or doubt; and the Order of the State Government in such cases shall he final. (2) Every order made under this section shall he laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of seven days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following the Nagaland Legislative Assembly agree in making any modification in the order or the Nagaland legislative Assembly agree that the Order should not be made, the order shall thereafter have effect only in such modified form or be of not effect as the case may be; however any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

The Naga Hills Jhumland Regulation 1946 (Regulation III of 1946) and Balipara/Tirap/Sadia, Frontier Tract. Regulation,1946 Regulation III, IV and V of 1947 in so far as they are applicable to Nagaland shall stand repealed provided that such repeal shall not effect :— (1) the previous operation of the said Regulation or anything duly done or suffered thereunder, or (2) any rights, privilege, obligation or liability acquired, accrued or incurred under the said Regulation, or (3) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation, or - (4) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture of punishment as aforesaid; Provided further that anything done of any action taken including any appointment or delegation made, rule, notification, instruction, or direction made, certificate or permission granted under the Regulation hereby repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly unless and until superseded by anything done or by action taken under this Act.