Himachal Pradesh Forest (Sale of Timber) Rules, 1969

3 RULES UNDER HIMACHAL PRADESH FOREST (SALE OF TIMBER) ACT, 1968 THE HIMACHAL PRADESH FOREST (SALE OF TIMBER) RULES, 1960 FOREST DEPARTMENT NOTIFICATION Shim/a-I , the 3rd July, 1970 No. 3-236/69-SF.-ln exercise of powers conferred on him by section 3 of the Himachal Pradesh Forest Sale of Timber Act, 1968 (Act No. 18 of 1968), the Lieutenant Governor, Himachal Pradesh, is pleased to make the following Rules: 1. Short title, extent and commencement.-(l) These rules may be called the Himachal Pradesh Forest (Sale of Timber) Rules, 1969. (2) These shall extend to the whole of Himachal Pradesh. 4 (3) These shall come into force the date of issue of this notification. 2. Definitions.-In these rules unless there is anything, repugnant in the subject or context, (I) 1["timber" includes trees when they have fallen or have been felled and all wood whether cut-up or fashioned or hallowed out for any purpose or not;] (tl) "Depot" means any building or place where timber is brought or stored for sale, as it is or processed through sawing or any other method/ process. 1 Thedefinition ofTimberSubs.vide, Not.3-236/69-SF,dated 30-1-1973 published in R.H.P. dated 30-6-73 again subs vide Not. No. Fb. A(4)6n6 dated 23-7-1984 published in R.H.P. dated 15-2-1 986. p. 198. 5 1[Explanation.-Saw mills which processtimber through sawing for whateverpurpose shall be deemed to be depot.] 3. No person shall establish or maintain a depot unless it is registered in accordance with these rules. 4. Any person wishing to establish or maintain a depot shall register the same in the office of the Forest Division in which the depot is situated, and shallgive in respect of such depotsuchdetails inregard toorigin of timber as may be required by the Divisional Forest Officer. Every person registeringa depotshall be andremain responsible forthe observance of all rules which mayfrom timeto timebe notified by the Himachal Pradesh Government under section 3 of the Himachal Pradesh Forest (Sale of Timber) Act, 1968, provided thatthe Divisional ForestOfficer, with the approval of theConservator, may exempt by order in writing any timber dealer from the operation of such rules as he mayconsider necessary. Each depotregisteredunder this rule shallbe assigned a number by the Registering Officer. In the case of persons having depots at the date of the publication of these rules a period of six months from such datewillbe allowed within which thedepotsexisting on such date shallbe registered: 2[Provided that a fee of Rs. 100/-shallbe paid forthe registration of each depot registered under these rules] . 5. The Officer-in-charge of a Forest Division may refuse registration at discretion for reasons which shall be stated in writing, but an appeal against an order refusing registration shall lie to the Conservator of Forests of the Circle concerned. 3[6. (I) Everyperson havinga registered depotshall registerhis sale hammer mark in the office of the Forest Division in which the depot is situated. (tl) No fee shall be paid for the registration of the sale hammer mark to be done under rule 6(1)] . 7. No person shall be allowed to register a mark already registered in favourof another person, nor any mark used by Government, and the Officer-in charge of a Forest Division may refuse registration of any mark which in his judgment so closely resembles a mark used by Government or registered in favour of anypersonas to beeasily altered to counterfeit suchmark. 8. The registration of a mark under rule 7 shall hold goodfor a period of three ' [calendar] years from the date of such registration. 1 Exp lanation added vide Not.No. Fts. (A) 3-4/83,dated 3-10-85. published in R.H. P.. dated 18-10-1986, p. 1068. 2 Proviso added vide ibid. 3 Rule 6 Subs. for the original one by Not. No. 2-236/69, SF,-dated 30-1 -1973. published in R. H. P. dated 30-6-73, p. 1009-10. 4 Ins. by Not. No. 2-236/59-SF. dated 30-1 -1973, published in R.H.P. dated 30-6-1973, 6 9. 1[The owneror person-in -charge ofa registereddepotshall be required to maintain Register correctly in either or both or the following forms; (I) A register of receiptsof timber, showlng. 1. Date of receipt. 2. The place from which received. 3. Name, parentage and full address from whom received. 4. Species. 5. Property marks and/or khudan marks. 6. Number of logs or pieces. 7. Description givingsize and volume. 8. Remarks. (li) A register of sales and removals of timber showing ; 1. Date of sale. 2. Date of removal of timber from depot. 3. Name, parentage and full address of person to whom sold or made over. 4. Destination with full address. 5. Species. 6. Property marks and/or khudan marks. 7. Number of logs and pieces. 8. Description givingsize and volume. 9. Remarks.] 2[10. Every owner or person incharge of the Registered Departmentshallproduce the aboveregistersforscrutiny and checking of timber lyingin the depotwhen called upon todo so bythe State Vigilance Officerorthe Divisional Forest Officer or any Forest Officer authorised by him in thisbehalf. Such official may at any time enter a registered/depot/saw-mill forsuchpurpose.] 11 . No timbershallbe removed from anyregistereddepotuntil it has been marked with the registered sale hammer of the owner of the registered depot. 12 . Sale hammer marks shall be surrendered to the Divisional ForestOfficeron the cancellation ofany registration oron the deathof the owner of the mark in whose name it has been registered. 13. No timbershallbe removedfrom anyregistereddepotunless accompanied by a form of receipt prescribed by the Government. 14. Whoever infringes any of these rules shall be punishable with imprisonmentfor a term which mayextend tosix months orwith fine which p.1009-1010. 1 Rule 9 subs for the original one by Rule 10 Subs. vide not. No. Fts.-A (4) 6/76 dated 23-7-1984 published in R. H. P. dated 15-2-1986, p, 198. 2 Rule 10 Subs. vide not. No. Fts.-A (4) 6/76 dated 23-7-1984 published in R. H. P. dated 15-2-1986, p, 198. 7 may extend to five hundred rupees or with both. Double penalties may be inflicted where the offence is committed after sunset and before sunrise or after preparation for resistance to lawful authority or, if the offender has been previously convicted of any offence under these rules. I [FORM FOR REMOVAL OF TIMBER (See rule 13) Receipt of timber removed from Timber Depot registered under the Himachal Pradesh Forest (Sale of Timber) Rules, 1969. Date . I. Name of Registered Depot holder . 2. Location of the Timber Depot... . 3. Registration No. of Depot., . Nameof purchaser Detail of Timber sold withsize Size No. Vol. In cub. m Amount Deodar Kail Fir/Spruce Chil Sal Other Species TotalSale amount Signature of Registered DepotHolder. Nate.-This receipt to be issued in triplicate, one copy to be endorsed to the Check Postand one to be sent to the D.F.O. concerned and one to be retained as Counterfoil. No export permit will be required under sections 41 and 42 of the Indian Forest Act, 1927, when timber is purchased from Timber Sale Depot under Sale of Timber Rules, 1969 by the purchasers, when accompanied with this prescribed receipt form] (R.H.P. dated the 22 August 1970, p. 755) . 1 Form added vide Not. No. FTS(A) 4-6/76, dated 19-1 -1977 published in R.H.P. dated 25-6-1977, p. 986.