Himachal Pradesh Forest (Sale of Timber) Act, 1968 (Act No. 18 of 1968)

THE HIMACHAL PRADESH FOREST (SALE OF TIMBER) ACT, 1968 (Act No. 18 OF 1968)' ARRANGEMENT OF SECTIONS Sections: I. Short title and commencement. 2. Definitions. 3. Power to make rules, rcgulating sale of timber and the establishment of sale depots. 4. Application of chapter-IX of Indian Forest Act, 1927. 5. Indemnity for acts done in good faith 6. Rcpeal and savings THE HIMACHAL PRADESH FOREST (SALE OF TIMBER) ACT, 1968 (Received the assent of the President of India on the 12th November 1968, and was published in R.H.P. Extra., dated the 17th February, 1968, at p. 145-148) . An Act to provided for the control of the sale of timber and establishment of sale depots for such timber in Himachal Pradesh . BE it enacted by the Legislative Assemblyof Himachal Pradesh in the Nineteenth year of the Republic of India as follows: 1.Short title, extent and commencement.-(I) ThisActmaybe called the Himachal Pradesh Forest (Sale of Timber) Act, 1968. (2) It shall extend to the whole of Himachal Pradesh. (3) It shall come into force at once. 2. Definitions.-(I) In this Act, unless the context otherwise requires, (a) "Official Gazette" means the Rajpatra, Himachal Pradesh: and (b) "State Government" means the Government of Himachal Pradesh. (2) Words and expressions used but not defined in this Act and 1. For Sta tement of Objectsand Reasons. see R.H.P. Extra.. dated the 22nd July. 1968 p. 677 and for its authoritativeHindi Textsee R.H.P. Extra..dated 18-3-1994 p. 309 312. 2 defined in the Indian Forest Act, 1927 (16 of 1927) shall have the meanings, respectively, assigned to them in that Act. 3, Power to make rules, regulating sale of timber and the establishment ofsale depots.-(l) TheState Government may, by notificationin the Official Gazette, make rulesI to regulate the sale of timber and the establishment of sale depots for such timber. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may, (a) prescribe the classes of timber to which the rules shall apply; (b) define what shall be deemed to be a sale depot; (c) provide for the establishment, registration, regulation and inspection of the depots, and the levy of fees for registration; prescribe the periodfor whichregistration shall hold good and the conditions under which timber may be brought to, stored at, and removed from, sale depots, and prohibit the sale of timber at or the establishment or maintenance of unregistered sale depots; (d) regulate theuse of saledepotmarks and the registration of such arks; prescribe the time for which registration shall hold good; and provide for the levy of fees for registration; (e) prescribe the registers to be maintained at sale depots and provide for the productionof such registers before and for their examination by any forest officer authorised in this behalf by the divisional forest officer; (I) prescribe, as penalties for the infringement, if any, of rule made under this section, imprisonmentwhichmay extend to six months, or fine which may extend to five hundred rupees, or both. Double penalties may be inflicted where the offence is committed after sunset and before sunrise, orafter preparationfor resistance of lawful authority or if the officer has been previously convicted of a like offence. (3) All rules made under this section shall be so made after previous publication in the Official Gazette. (4) All rules made under this Act shall be laid before the I The Rules framed videNot. No. 3-236/69-SF, dated the 3rd July, 1970. (Appended) 3 Legislative Assembly as soon as may be after they are made. 4. Applicationofchapter-IX of Indian Forest Act, 1927 .-The provisions of chapter-IX of'the Indian Forest Act, 1927 (16 of 1927) with the exception of section68, shallapply, so far as may be, to any infringement of the rules made under thisAct as if such infringementwere a forestoffence under the Indian Forest Act, 1927. 5. Indemnity for acts done in good faith.-No suit shall lie againstany public servant foranything done by himin good faithunder thisAct. 6. Repeal and savings.-The following Acts are hereby repealed: (I) the Punjab Forest (Sale of Timber) Act, 1913 (3 of 1913), as applicable to the areas merged with Himachal Pradesh under section5of the Punjab Re-organisationAct, 1966 (31 of 1966) ; and (2) the Punjab Forest (Sale of Tlmber) Act, 1913 (30091 3), as applicable to the district of Bilaspur by the Bilaspur (Applicationof Laws) Order, 1949: Providedthatanythingdone, orany actiontaken orproceedings commencedorcontinuedunder the Actsherebyrepealed shallbe deemedtohave beendone, takencommenced orcontinued under the corresponding provtstons of this Act.