Chapter XII SUBSIDIARY RULES

The 1[State Government] may make rule--

1. (a) to prescribe and limit the powers and duties of any Forest-officer under this Act;
2. (b) to regulate the rewards to be paid to officers and informers out of the proceeds of fines and confiscation under this Act;
3. (c) for the preservation, reproduction and disposal of trees and timber belonging to Government, but grown on lands belonging to or in the occupation of private persons; and
4. (d) generally, to carry out the provisions of this Act. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 76A.--After section 76, insert the following section, namely:- 76A. Power to regulate manufacture and preparation of articles based on forest produce.--(1) The Government of Union territory of Jammu and Kashmir may make rules,--
5. (a) to provide for the establishment, and regulation by licence, permit or otherwise (and the payment of fees thereof), of saw mills, timber depots, firewood depots and other units including the factories or industries engaged in the consumption of forest produce or manufacture or preparation of the following articles:-
   • (i) katha (catechu) or kutch out of khairwood;
   • (ii) rosin, turpentine, other products out of resin, and wood oil;
   • (iii) plywood, veneer and wood-based products;
   • (iv) match boxes and match splints;
   • (v) boxes including packing cases made out of wood;
   • (vi) joinery and furniture items made out of wood;
   • (vii) charcoal, lime stone and gypsum;
   • (viii) such other articles based on forest produce as the Government of Union territory of Jammu and Kashmir may, by notification in the Official Gazette, from time to time, specify;
6. (b) to provide for the regulation by licence, permit or otherwise, of procurement of raw material for the preparation of articles mentioned in clause (a), the payment and deposit of fees therefor and for due compliance of the condition thereof, the forfeiture of the fees so deposited or any part thereof for contravention of any such condition and adjudication of such forfeiture by such authority as the Government of Union territory of Jammu and Kashmir may, by notification, specify.

1. (2) The Government of Union territory of Jammu and Kashmir may provide that, as the contravention of any rules made under this section shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or both. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]

Any person contravening any rule under this Act, for the contravention of which no special penalty is provided, shall be punishable with imprisonment for a term which may extend to one month, or fine which may extend to five hundred rupees, or both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 77.-For the words "extend to one month, or fine which may extend to five hundred rupees", substitute the words "extend to two years or with fine which may extend to twenty five thousand rupees". [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 77.--In section 77 of the principal Act, for the words "one month, or fine which may extend to five hundred rupees", the words "one year, or with fine which may extend to two thousand rupees", shall be substituted. [Vide Uttar Pradesh Act 1 of 2001, s. 18] Uttarakhand Amendment of section 77.--In section 77 of the principal Act for the words "one month, or fine which may extend to five hundred rupees" the words "one year, or with fine which may extend to two thousand rupees" shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 17]

All rules made by the 1[State Government] under this Act shall be published in the 2[Official Gazette], and shall thereupon, so far as they are consistent with this Act, have effect as if enacted therein. STATE AMENDMENTS Uttar Pradesh Substitution of new section for section 78.--For section 78 of the principal Act, the following shall be substituted, namely-- "78. Further provisions regarding rules.--(1) All rules under this Act shall be made by notification in the Gazette.

1. (2) All rules made under this Act shall, as soon as may be after they are made, laid before each House of the State Legislature, while it is in session, for total period of fourteen days which may be comprised in its one session or in two or more successive sessions and shall, unless some latter date is appointed take effect from the date of their publication in the Gazette subject to such modifications or annulments as the two Houses of the Legislature may agree to make, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder." [Vide Uttar Pradesh Act XXIII of 1965, s. 15] Maharashtra.-- Amendment of section 78 of Act XVI of 1927.--Section 78 shall be renumbered as sub-section (1) of that section and after the sub-section so renumbered, the following sub-section shall be inserted, namely :--] "(2) All rules made by the State Government under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as possible after they are made and shall be subject to such modification as the State Legislature may make during the session in which they are so laid, or the session immediately following and publish in the Official Gazette.". [Vide Maharashtra Act VI of 1961, s. 15]