Chapter VII OFTHE CONTROLOF TIMBERANDOTHERFOREST-PRODUCE IN TRANSIT

1. (1) The control of all rivers and their banks as regards the 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 1[State Government], and it may make rules to regulate the transit of all timber and other forest-produce.
2. (2) In particular and without prejudice to the generality of the foregoing power such rules may--
   • (a) prescribe the routes by which alone timber or other forest-produce may be imported, exported or moved into, from or within 2[the State];
   • (b) prohibit the import or export or moving of such timber or other produce without a pass from an officer duly authorised to issue the same, or otherwise than in accordance with the conditions of such pass;
   • (c) provide for the issue, production and return of such passes and for the payment of fees therefore;
   • (d) provide for the stoppage, reporting, examination and marking of timber or other forestproduce in transit, in respect of which there is reason to believe that any money is payable to the3[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 purposes of this Act to affix a mark;
   • (e) provide for the establishment and regulation of depots to which such timber or other 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 produce shall be brought to, stored at and removed from such depots;
   • (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 the throwing of grass, brushwood, branches or leaves into any such river or any act which may cause such river to be closed or obstructed;
   • (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 acts or negligence necessitated the same;
   • (h) prohibit absolutely or subject to conditions, within specified local limits, the establishment of saw-pits, the converting, cutting, burning, concealing or making of timber, the altering or effacing of any marks on the same, or the possession or carrying of marking hammers or other implements used for marking timber;
     • (i) regulate the use of property marks for timber, and the registration of such marks; prescribe the time for which such registration shall hold good; limit the number of such marks that may be registered by any one person, and provide for the levy of fees for such registration.
3. (3) The State Government may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.] STATE AMENDMENT Uttar Pradesh Amendment of section 41.--In section 41 of the principal Act, after sub-section (2) the following new sub-sections shall be added, namely-- "(2-A) The State Government may by notification in the Gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2). (2-B) Notwithstanding any judgment, decree or order of any court, any rule purporting to have been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of subsection (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a duly authorised Conservator, as the case may be: Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person under section 42 for any act done before the commencement of the said Act." [Vide Uttar Pradesh Act XXIII of 1965, s. 13] Maharashtra Amendment of section 41 of Act XVI of 1927.--In section 41 of the Indian Forest act, 1927 (XVI of 1927) in this application to the state of Maharashtra, in sub-section (2), after clause (h), the following new clause shall be inserted, namely:-- "(hh) regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eight kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licences may be granted; [Vide Maharashtra Act XV of 1965, s. 2] Amendment of section 41 of Act XVI of 1927.--In section 41 of the Indian Forest act, 1927, in its application to the State of Maharashtra,--
   • (a) after sub-section (1), the following sub-section shall be inserted; and shall be deemed to have been inserted, with effect from the 12th day of September,1960, namely:-- "(1A) Notwithstanding anything contained in any law for the time being in force, the State Government may make rules to regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timer in a saw mill and prescribe fees and conditions, subject to which such licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may filed.";
   • (b) in sub-section (2), clause (hh) shall be deleted, and shall be deemed to have been deleted, with effect from the 10th day of February, 1965. [Vide Maharashtra Act XXIII of 1984, s. 2]

1[41A. Powers of Central Government as to movements of timber across customs frontiers.-- Notwithstanding anything in section 41, the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from2 [the territories to which this Act extends] across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section. ]

1. (1) The 1[State Government] may by such such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
2. (2) Such rules may provide that penalties which are double of those mentioned in sub-section (1) may be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority, or where the offender has been previously convicted of a like offence. STATE AMENDMENTS Maharashtra Amendment of section 42 of Act 16 of 1927.--In section 42 of the principal Act, in sub-section (1), for the words "two thousand rupees" the words "five thousand rupees" shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 4]. Jammu and Kashmir and Ladakh (UTs).-- Section 42.- In sub-section (1), for the words "six months" and "five hundred rupees", substitute the words "two years" and "twenty-five thousand rupees" respectively. [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 42--In section 42 of the principal Act, for sub-section (1), the following subsection shall be substituted, namely:-- "(1) The State Government may by such rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to two years, or fine which may extend to five thousand rupees or both." [Vide Uttar Pradesh Act 1 of 2001, s. 5] Uttarakhand-- Amendment of section 42.--In section 42 of the principal Act, in sub-section (1), or the words "six month, or fine which may extend to five hundred rupees" the words two years, or fine which may extend to five thousand rupees" shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 5] Maharashtra-- Amendment of section 42 of Act XVI.--In section 42 of the principal Act, in sub-section (1), for the words "six months or with 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 Maharashtra Act VII of 1985, s. 6]

The1[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 established under a rule made under section 41, 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 causes such loss or damage negligently, maliciously or fraudulently.

In case of any accident or emergency involving danger to any property at any such depot, every person employed at such depot, whether by the 1[Government] or by any private person, shall render assistance to any Forest-officer or Police-officer demanding his aid in averting such danger or securing such property from damage or loss.