Chapter VI TRANSIT OF FOREST PRODUCE

42. (1) The control of all rivers and their banks as regards 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 Government and it may make rules to regulate the transit of all timbers and other forest produce. Explanation. --For the purpose of this Chapter, the forest produce shall be deemed to include semi-finished forest product for commercial purposes.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may,-
   • (a) specify the routes by which timber or any other forest produce may be transported or moved into from or within the State and the fee thereof;
   • (b) in the case of timber formed into a raft or fastened to the shore, prohibit the loosening or the setting a drift of such timber by any person not being the owner thereof or not acting on behalf of such owner or the Government;
   • (c) 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 any duty, fee, royalty or charge due thereon or to which it is desirable for the purpose of this Act to affix the mark;
   • (d) provide for the establishment of check posts or the erection of barriers at such places as the Government may direct with a view to prevent or check commission of forest offences in respect of forest produce and for stoppage, reporting and examination of goods carried by any vehicle or vessel at such check posts or barriers;
   • (e) provide for 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, and the conditions under which such timber or other forest produce shall be brought to, stored at and removed from such depots or stations and for regulating the appointment and duties of persons employed therein;
   • (f) authorise the transport of such timber or other forest produce across any land and provide for payment of compensation for any damage done by the transport of such timber or other forest produce;
   • (g) prohibit the closing up or obstructing of the bank of any river used for the transit of timber or other forest produce and throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed;
   • (h) 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;
     • (i) prohibit absolutely or subject to conditions, within the whole of the State of Sikkim or specified local limits, the establishment of saw pits, saw mills or any other sawing machines for converting, cutting, processing, distilling, storing, burning, concealing or marking of timber or other forest produce, the altering or defacing of any marks on the same or the possession or carrying of marking hammer or other implements used for marking timber;
   • (j) regulate the existing sawpits, saw mills or any other sawing contrivance: Provided that no existing sawpits, saw mills or any other sawing contrivance shall be closed unless the owner thereof has been given an opportunity of being heard.
2. (3) In making the rule under this section, the Government may provide that person guilty of contravention thereof shall, on conviction, be punishable with imprisonment which may extend to one year or with fine which may extend to two thousand rupees or with both, and where the offence committed after sunset or before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted for a like offence, the Magistrate having jurisdiction shall inflict double the penalty prescribed for such offence.

43. The Government shall not be responsible for any loss or damage which may occur in respect of any timber or other forest produce while at a depot or station established under rules made under section 42 or detained elsewhere for the purpose of this Act and no forest officer shall be responsible for any such loss or damage unless he causes loss or damage wilfully, negligently, maliciously or fraudulently.

44. In case of any accident or emergency involving danger to any property at any depot or station, every person employed at such depot or station shall render assistance to any forest officer or police officer demanding his aid in preventing the damage or loss to such property.