[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][3][Provincial Government] may by notification[4][4] in the [5][5][Official Gazette] direct; and it shall come
into force in each of such areas on such day as the [6][6][Provincial Government] in like manner
directs[7][7] in this behalf.
2. Meaning of terms.— In this Act all expressions shall have the
meaning assigned to them in the [8][8][Forest Act, 1927].
3. Power to make rules regulating sale of
timber and the establishment of sale depots.— (1) The [9][9][Provincial Government] may, by notification
in the [10][10][Official Gazette], make rules[11][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][12][Official Gazette].
4. Application of Chapter X of the [13][13][Forest Act, 1927].— The provisions of Chapter X of the [14][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][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][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][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][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.
[5][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.
[8][8]Substituted for the words
“Indian Forest Act, 1878”, by the Punjab Forest (Sale of Timber) (Amendment)
Ordinance, 2001 (XXXV of 2001), which will remain in force under the
Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[9][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.
[12][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][13]Substituted for the words
“Indian Forest Act”, by the Punjab Forest (Sale of Timber) (Amendment)
Ordinance, 2001 (XXXV of 2001), which will remain in force under the Provisional
Constitution (Amendment) Order 1999 (9 of 1999), Article 4, notwithstanding the
maximum limit of three months prescribed under Article 128 of the Constitution
of the Islamic Republic of Pakistan.
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