THE PUNJAB FOREST (SALE OF TIMBER) ACT, 1913

(Act III of 1913)

C O N T E N T S

 

Section                                Heading

 

        1.           Short title, extent and commencement.

        2.           Meaning of terms.

        3.           Power to make rules regulating sale of timber and the establishment of sale depots.

        4.           Application of Chapter X of the Forest Act, 1927.

        5.           Indemnity for acts done in good faith.

 

 

[1]THE PUNJAB FOREST (SALE OF TIMBER) ACT, 1913

[2](Act III of 1913)

[21 March 1913]

 

An Act to provide for the control of the sale of timber and the establishment of sale depots for such timber in the Punjab.

 

      WHEREAS it is expedient to provide for the control of the sale of timber and the establishment of sale depots for such timber in the Punjab;

      It is hereby enacted as follows:-

 

1.   Short title, extent and commencement.– The Act may be called the Punjab Forest (Sale of Timber) Act, 1913.

      It shall extend to such local areas as the [3][Provincial Government] may by notification[4] in the [5][Official Gazette] direct; and it shall come into force in each of such areas on such day as the [6][Provincial Government] in like manner directs[7] in this behalf.

2.   Meaning of terms.– In this Act all expressions shall have the meaning assigned to them in the [8][Forest Act, 1927].

3.   Power to make rules regulating sale of timber and the establishment of sale depots.– (1) The [9][Provincial Government] may, by notification in the [10][Official Gazette], make rules[11] to regulate the sale of timber and the establishment of sale depots for such timber.

      Such rules may among other matters–

      (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 sale depots, and the levy of fees for registration, prescribe the period for which registration shall hold good and the conditions under which timber may be brought to, stored at, sold at, and removed from, sale depots; and prohibit the sale of timber at, or the establishment or maintenance of, unregistered sale depots;

      (d)   regulate the use of sale depot marks and the registration of such marks; 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 production of such registers before and for their examination by any forest or police officer authorized in this behalf by the Divisional Forest Officer or by the District Superintendent of Police respectively;

      (f)    prescribe as penalties for the infringement of any rule made under this section, imprisonment which may extend to six months or fine which may extend to Rs.500 or 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 a like offence.

      (2)  All rules made under sub-section (1) shall be so made after previous publication in the [12][Official Gazette].

 

4.   Application of Chapter X of the [13][Forest Act, 1927].– The provisions of Chapter X of the [14][Forest Act, 1927], with the exception of section 67, shall apply so far may be to any infringement of the rules made under this Act as if such infringement were a forest offence under the [15][Forest Act, 1927].

 

5.   Indemnity for acts done in good faith.– No suit shall lie against any public servant for any thing done by him in good faith under this Act.

 



  [1]For statement of Objects and Reasons, see Punjab Gazette, 1912, Part V, page 92; for Report of the Select Committee, see Punjab Gazette, 1912, Part V, page 225; for Proceedings in Council, see Punjab Gazette, 1912, Part V, page 134, and ibid., 1913, Part V, page 5.

  [2]This Act received the assent of the Lieutenant-Governor of the Punjab, on 12th February; 1913; that of the Governor-General on 6th March; 1913; and, was published in the Punjab Gazette, dated 21st March, 1913.

  [3]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

  [4]See Chapter VI of the Punjab Forest Manual, Vol I.

  [5]Substituted, for the words “Local Official Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

  [6]Substituted ibid., for the words “Local Government”.

  [7]See Chapter VI of the Punjab Forest Manual, Vol I.

  [8]Substituted for the words “Indian Forest Act, 1878”, by the Punjab Forest (Sale of Timber) (Amendment) Ordinance, 2001 (XXXV of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

  [9]Substituted, for the words “Local Government”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[10]Ibid.

[11]See Chapter VI of the Punjab Forest Manual, Vol I.

[12]Substituted, for the word “Gazette”, by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.

[13]Substituted for the words “Indian Forest Act”, by the Punjab Forest (Sale of Timber) (Amendment) Ordinance, 2001 (XXXV of 2001). Under Article 5A of the Provisional Constitution Order 1999 (I of 1999), as amended, read with Article 270AA of the Constitution of the Islamic Republic of Pakistan, 1973, it shall not be subject to any limitation as to duration prescribed in the Constitution.

[14]Substituted ibid., for the words “Indian Forest Act, 1878”.

[15]Substituted ibid., for the words “Indian Forest Act”.