Chapter VII COLLECTION OF DRIFT AND STRANDED TIMBER

45. (1) All timber, (a) found adrift, beached, stranded or sunk;

1. (b) bearing marks which have not been registered in accordance with the rules made under section 42;
2. (c) which have been super marked or on which the marks have been obliterated, altered or defaced by fire or otherwise;
3. (d) which are not marked but 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) The timber referred to in sub-section (1) may be collected by any forest officer or by any other person authorised to collect the same by virtue of any rule and may be brought to any forest depot.

46. Public notice shall, from time to time, be given by the forest officer regarding timber collected under section 45. Such notice shall contain a description of the timber and shall require any person claiming the same to present a written application for such claim to such officer within a period of not less than thirty days from the date of such notice.

47. (1) When any application is presented under section 46, the forest officer may, after making such enquiry as he thinks fit, either reject the claim, after recording his reason therefor or accept the claim and deliver the timber to the claimant.

1. (2) If such timber is claimed by more than one person, the 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 Civil 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 thirty days from the date of intimation of the order of such rejection, institute a suit to recovery of the possession of the timber claimed by him but no such person shall be entitled to any compensation or costs against the Government or against any forest officer on account of such rejection or the detention or removal of any timber.
3. (4) Unless there are adequate arrangements for storage of timber detained or kept by the forest officer under this section the Court may order that the timber so detained or kept shall remain at the custody of the forest officer until the disposal of the suit.

48. If no application is presented under section 46, or on such claim having been preferred and rejected, fails to institute a suit for recovery of the possession of such timber within thirty days from the date of rejection of his claim, the ownership of such timber shall vest with the Government free from all encumbrances.

49. The Government shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45 and no forest officer shall be responsible for any such loss or damage unless he causes such loss or damage wilfully, negligently, maliciously or fraudulently.

50. No person shall be entitled to recover possession of any timber collected under section 45 or delivered under section 47 until he has paid to the forest officer or other person entitled to receive such sum on account thereof as may be due under any rule made under section 51.

51. (1) The Government may, by notification, make rules to carry out the purposes of this Chapter.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made to regulate the following matters, namely:-
   • (a) the salvaging, collection and disposal of all timber mentioned in this Chapter;
   • (b) the use and registration of boats or any other conveyance used in salvaging and collecting timber;
   • (c) the amount to be paid for salvaging, collecting, moving, storing or disposing of such timber;
   • (d) the use and registration of hammers and other instruments to be used for marking such timber.
2. (3) In making the rules under this section, the Government may provide that a person guilty of contravention thereof shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.