Whereas the Kullu, Kangra and
Gurdaspur Forest Produce Transit (Land Routes) Rules, 1965 were made in
undivided Punjab and some areas are now part of the State of Himachal Pradesh; Whereas Pathankot has been carved
out as a separate district from Gurdaspur District in the State of Punjab; Whereas the Government of Punjab
is implementing schemes to promote agro forestry and undertaking structural
reforms to incentives farmers in promotion of agro forestry; Now, therefore, in exercise of
the powers conferred by sections 41 and 42 of the Indian Forest Act, 1927
(Central Act No. 16 of 1927) and all other powers enabling him in this behalf,
the Governor of Punjab is pleased to make the following rules to regulate the
transit of forest produce by land routes into, from and within the territorial
limits of the State of Punjab as specified in sub-rules (3), (4) and (5) of
rule 1 of these rules, namely:- (1) These
rules may be called the Punjab Forest Produce Transit Rules, 2019. (2) They
shall come into force on and with effect from the date of their publication in
the official Gazette. (3) Rules 3
to 10 of these rules shall apply to the territorial limits of such part of
Pathankot Districts lies to the east and the north of the
Madhopur-Pathankot-Chakki Road. (4) Rule 11
of these rules shall apply to the territorial limits of whole of the State of
Punjab. (5) Rule 12
of these rules shall apply to the Kandi/Shiwalik area of Punjab comprising
Sahibzada Ajit Singh Nagar, Roopnagar, Nawanshahar, Hoshiarpur, Dasuya and
Pathankot forest divisions. (1) In these
rules, unless the context otherwise requires,- (a) "Act"
means the Indian Forest Act, 1927 (Central Act No. of 1927); (b) "Conservator
of Forests" means the Forest Officer in-charge of the concerned territorial
circle; (c) "Divisional
Forest Officer" means the Forest Officer in-charge of the Forest Division; (d) "Forest
Division" means an executive unit under the charge of a Divisional Forest
Officer constituted for the purpose of administration and notified as such by
the Government; (e) "forest
produce" shall specifically mean timber (converted or otherwise),
firewood, charcoal, katha and resin, but shall not include Non Timber Forest
Produces (NTFPs) like bamboos and agro-forestry species such as Populus spp., Eucalyptus
spp., Melia azedarach (Drek), Morus alba (Mulberry), Leucaena leucocephala
(Subabul), Casuarina spp., Grevillea robusta (Silver Oak), Acacia mangium,
Melia dubia (Malabar Neem), Prosopis cineraria (Khejri), Salix alba (Indian
willow), Gmelina arborea (Gamari) or any other species declared by the
State/authorised agency as agro-forestry species from time to time. (f) "State
Government" means the Government of the State of Punjab in the Department
of Forests and Wildlife Preservation. (2) (2) The
words and expressions used in these rules but not defined shall have the same
meanings as assigned to them in the Act. Section 41 No forest produce shall be
exported from or transported within the limits of the area to which these rules
apply between 22:00 hours and 05:00 hours. (1) No person
shall export or transport any forest produce which has been collected in the
area to which these rules apply without first obtaining a pass in the Form
appended to these rules from the Divisional Forest Officer concerned or the
Forest Officer authorised by him or otherwise than in accordance with these
rules and conditions of the pass. (2) The pass
issued under sub-rule (1) shall accompany the forest produce in transit and
shall show the number of logs or the kind of forest produce,
the marks indicative of the owner's property therein, the place of its
destination and the time for which it shall remain in force. It shall specify
that the forest produce may be stopped for examination at places to be named in
the pass, and the Forest Officer may also require the measurements of the
forest produce (when possible) and its estimated value to be entered therein. (3) No pass
under this rule shall be issued for any unmarked timber or for such timber as
bears the mark not registered as hereinafter provided. (4) The
Divisional Forest Officer may refuse to issue a pass if he has reasons to
believe that the forest produce has not been legally obtained by the applicant
for export or transport. (5) The
person who has been refused the issue of a pass under sub-rule (4) may, within
fifteen days from the date of refusal, prefer an appeal to the Conservator of
Forests, and his decision there on shall be final. (6) The
Forest Officer may, at any time, require any person exporting or transporting
forest produce to produce the pass issued for exporting or transporting such
forest produce. No person shall be entitled to export or transport forest
produce by virtue of a pass which he does not himself hold but is or is stated
to be, in the hands of some other person. Section 41 (1) In the
event of the pass issued under rule 4 not being produced, the Forest Officer
may detain the forest produce and trucks, carts and other vehicles by which it
is being exported or transported. (2) In the
event of the time mentioned in the pass having expired before arrival at the
destination of the forest produce covered by the pass, the Divisional Forest
Officer may extend the period as he may think proper during which the pass
shall be further valid. Section 41 Notwithstanding anything
contained in these rules, any right-holder in Pathankot District who has
obtained timber for the construction or repairs of his house, farm, building,
or fuel wood in accordance with his rights under the forest settlement covering
the area to which these rules apply or who has cut the timber from his own land
under rightful authority, may without obtaining a pass under rule 4, transport
such timber within the revenue estate where his land or house is situated. Section 41 (1) Any
person wishing to export or transport forest produce by land route shall
register at the office of the Divisional Forest Officer from whose jurisdiction
the forest produce is to be exported, the mark or marks
which indicate their proprietary rights on such forest produce: Provided that no mark is required
on any timber of a right-holder, who is exempted to obtain a pass under rule 6. (2)
The registration fee of fifty rupees shall be payable for every
separate mark so registered and if the number of marks exceeds three, the said
fee shall be one hundred rupees for each mark. However, no fee shall be payable
by any Government Department. (3)
Every registration shall be valid for three years to be counted
from 1st January following the date of registration. (4)
No person shall be allowed to register any mark already registered
in favour of any other person, or any mark used by the Government. The
Divisional Forest Officer may refuse registration of any mark which, in his
judgement, so closely resembles any mark used by the State Government or
registered in favour of any person as to be easily produceable by altering such
mark. (5)
A certificate showing the marks registered, the date of
registration, the period for which it shall be valid and acknowledging the
payment of the fees shall be given to every person registering his mark or
marks. (6) No person
shall, without the written permission of the Divisional Forest Officer, alter,
deface or obliterate any mark placed on any forest produce while in transit. Section 41 Timber fashioned into articles of
furniture, carts, carriages and agricultural, domestic and other implements or
pieces thereof shall be exempted from registration of mark or marks as required
under sub-rule (1) of rule 7. Section 41 (1) Any
person in-charge of forest produce in transit shall have to stop the vehicle by
which the forest produce is being exported or transported and produce the pass
for inspection of the Forest Officer or Police Officer in-charge of the Check
Post. (2) If the
Forest Officer or Police Officer in-charge of the Check Post finds that such
forest produce is being exported or transported in accordance with the
conditions specified in the pass, he shall allow it to be exported or
transported and proceed past the check post. (3) If the
whole quantity of forest produce entered in the pass reaches the
Check Post in one consignment only, the Forest Officer or Police Officer
in-charge of the Check Post shall retain the Pass after cancelling it and
return the attached coupon duly filled in to the person in-charge of the forest
produce. (4) If the
whole quantity of forest produce mentioned in the pass does not reach the Check
Post in one consignment, the Forest Officer or Police Officer in-charge of the
Check Post shall, on arrival of each consignment, other than the last one,
record on the pass the quantity of forest produce being exported or transported
and return the pass to the person in-charge of the forest produce for
presentation again at the time of export or transport, as the case may be, of
the subsequent consignment. On the arrival of the final consignment, the Forest
Officer or the Police officer in-charge of the Check Post, shall retain the
pass after cancelling it and return the detachable coupon duly filled in to the
person in-charge of the forest produce. (5) No person
shall offer any forest produce for export by rail on any railway station on the
Pathankot-Joginder Nagar Railway line within the area to which these rules
apply, unless it is covered by a pass issued by the Divisional Forest Officer
or any other person so authorised by him in this behalf. Section 42 (1) Any
person who contravenes any provision of these rules, shall be liable to
imprisonment of either description for a term which may extend to six months or
with fine which may extend to five hundred rupees or with both. (2) Penalties
and procedures laid down in chapter IX of the Act, shall so far as applicable,
be read as part of these rules and for the purpose of these provisions, every
offence punishable under these rules shall be deemed to be a forest offence. Section 41 Notwithstanding anything
contained in rules 3 to 16 of these rules, if any person in the State of Punjab
approaches the concerned Divisional Forest Officer to obtain Pan India Permit
for the inter-state movement of bamboo grown on private land, the same may be
granted to such person by the concerned Divisional Forest Officer based on the
instructions issued by the Principal Chief Conservator of Forests (Head of
Forest Force), Punjab in this regard from time to time. Section 41 Notwithstanding anything
contained in rules 3 to 11 of these rules, the Divisional Forest Officers of
Kandi/Shiwalik area of Punjab comprising Sahibzada Ajit Singh Nagar, Roopnagar,
Nawanshahar, Hoshiarpur, Dasuya and Pathankot forest divisions may, with the
prior permission of the State Government, regulate or restrict the transit of
forest produce of the species other than those exempted under clause (e) of
rule 2 of these rules through regular check posts and issuance of transit
permit for forest produce. The Kullu, Kangra and Gurdaspur,
Forest Produce Transit (Land Routes) Rules, 1965 are hereby repealed: Provided that any order issued or
any action taken under the rules so repealed, shall be deemed to have been
issued or taken under the corresponding provisions of these rules.PUNJAB FOREST PRODUCE
TRANSIT RULES, 2019
PREAMBLE