[1]THE PUNJAB FOREST (SALE OF TIMBER) ACT,
1913
[2](III of 1913)
[21st 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, VolI.
[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]
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]
Substituted ibid., for the words
“Local Official Gazette”.
[11]
See Chapter VI of the Punjab Forest
Manual, VolI.
[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), 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.
[14]
Substituted ibid., for the words
“Indian Forest Act, 1878”.
[15]
Substituted ibid., for the words
“Indian Forest Act”.
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