The Uttar Pradesh Transit of Timber And Other Forest Produce Rules; 1978" [Section 41,42,45,51 and 52]

1 · Short title extent and commencement - (1) These rules may be called the Uttar Pradesh Transit of Timber and Other Forest Produce Rules, 1978. They shall extend to whole of Uttar Pradesh. (3) They shall come into force with effect from the date of their publication in the official Gazette.

2 · Definition - In these Rules 'Act' means the Indian Forest Act; 1927.

3 · Regulation of Transit of forest- produce by means of passes.- No Forest-produce shall be moved into, or from; or within the State of Uttar Pradesh except as hereinafter provided, without a transit pass in the form in Schedule A to these rules, from an officer of the Forest Department or a person duly authorized by or under these rules to issue such pass or otherwise than in accordance with the conditions of such pass or by any route or to any destination other than the route or destination specified in such pass: Provided that no transit pass shall be required for the removal- (a) of any forest-produce which is being removed for bona fide con- sumption by any person in exercise of a privilege granted in this behalf by the State Government or of a right recognized under this Act, within the limits of a village in which it is produced; b) of forest-produce by contractor's agency from the forests managed by the Forest Department; in which case the movement shall be regulated by the relevant conditions of sale and terms of the corresponding agreement deed executed by the buyer; of such forest produce as may be exempted by the State Government from the, operation of these rules by notification in the official Gazette. 4. Officers and person to issue passes - (1) The following officers and persons shall have power to issue passes under these rules- for forest produce belonging to Government O not owned by any other person, the Conservator of Forest; the Divisional Forest Officer; the Sub-Divisional Forest Officer or any other officer authorized in this behalf in writing by the Conservator of Forest or the Divisional Forest Officer; Vide Noti. No. 2108/XIV-3-95-74, dated September 27, 1978, published in U.P. Gazette Extra, dated September 27, 1978.

6 · Passes what to contain- (1) Every transit case shall be in the form given in Schedule 'A'

10 · Conterfoils of used transit passes to be returned. The counterfoils of all used transit passes shall be returned to the officer from whom the book of passes was received. Failure to do this may result in forfeiture of security deposited under sub-

13 · Transit passes issued by private persons when invalid- No transit pas issued by any person or by the agent of any person authorised under Clause (b) of sub-rule (1) of Rule 4 to issue transit passes, shall be valid, (a) if such pass is not prepared in the form supplied for this purpose under sub-rule (1) of Rule 9; or b) if the pass issued after receipt by such person of an order cancelling the authority to issue passes; or if the pass is issued by such person after the expiry of the period specified in the authority given for the issue of such passes. 14. Property and transit marks to be affixed to timber- Except when it is the property of Government; all timber; brought at the specified check chowki o depot shall be examined and imprinted with a Government hammer mark (the facsimile of which shall be imprinted on the connected pass) the design of such a hammer mark shall, from time to time, be prescribed by the Conservator of Forests or the Divisional Forest Officer. In addition with; if the Conservator of Forests or the Divisional Forest Officer so directs, a distinguishable private property mark of the owner of such timber of the description which has been registered in the Office of the Conservator of Forests of the circle, or the Divisional Forest Officer; shall also be affixed.

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22 · Imported forest produce may be transported to first depot without a pass under Rule 4.- Any forest produce imported into the State of Uttar Pradesh may be transported within the limits of the State of Uttar Pradesh upto the nearest first depot established under Rule 15, without a pass issued under Rule 4, if it is covered by a foreign pass registered under Rule 21 and if stacked or deposited in any place between such limits and such depot; the foreign pass covering the material shall at once be delivered at that depot: [23. Registration of forms of foreign passes or foreign property. The Conservator of Forest shall upon receipt of an application Or registration of any foreign form or mark for the purpose of Rule 21, enquire into the authenticity of the same and, if he has no objection shall on payment of Rs 2000 by the applicant register such form or mark in his office. Every such registration should hold good from the date of registration till the 31 st December of the year following the year of registration except in the case of forms and marks of foreign Government, the registration of which shall hold good till they are modified or repealed by new forms O marks. 1 Rule 18, Subs. by Noti. No. 1047/XIV-2-2010-343-(L)-2001, dated 14 june, 2004. Published in U.P. Gazette Extra , Part 4 Section (Ka), 14 june, 2004 (w.e.f: 14-6-2004)

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2 · The person incharge of such forest produce shall furnish to any such officer all the informations required by him in connection with the forest produce and he is transporting the same under a transit pass shall produce such pass on demand for the inspection of such officer and shall not in any way prevent or resist the stoppage o examination of the said forest produce by such officer. 26. Prohibiting conversion of timber. Within the limits of any reserved, protected 0r unclassed forest under the charge of the Forest Department; and,- i) within 16 kilometers of such limits no person shall establish a saw pit for the cutting, converting o fashioning of timber o manufacture of charcoal, without the previous sanction in, writing of a Forest Officer not lower in rank than a Range Forest Officer; and (ii) within eighty kilometers of such limits no person shall erect an machinery or other plant for cutting; converting and fashioning of timber without the previous sanction in writing of a Forest Officer not lower in rank than a Divisional Forest Officer; who may while granting such permission impose suitable condition safeguarding Government interest

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29 · Restriction 0n rafting and conveying timber without pass [Section 41 (2)_ (b), 41 (2) (c)-(1) No person shall raft or otherwise convey any timber o any river without first obtaining a transit pass from the Forest Officer Incharge of the Forest Division in

2 · Subs by Notification No. 1047/XIV-2-2004-343-(L)-2001. Dated 14 june, 2004.

33 · Powers of inspection [Section 41 (2) (c)]- (1) Any Forest Officer/ Official, not below the rank of a forest guard or any Police Officer, not below the rank of Sub-Inspector; may require any person rafting Or conveying timber, as aforesaid, to produce the transit pass for inspection at any time. 2) In the event of the pass being not produced or the pass being not in respect of the timber being rafted or conveyed, the said Forest Officer/Official or the said Police Officer shall detain the timber and report the case to the Divisional Forest Officer:

34 · Depositing timber 0n river's edge prohibited.- No person shall be permitted to deposit any timber; without a pass, so close to the water'$ edge as to endanger its being carried away by a rise in the river, before the pass is issued: 35. Registration of marks [Section 41 (2) (i)l- (1) All persons wishing to float or otherwise convey timber by any river shall register at the Office of the Forest Division to which the control of the river pertains, the mark o marks which indicate their proprietary right in regard to such timber: 2) No person shall be allowed to register mark already registered in favour of another person Or any mark used by the Government: The Forest Officer may refuse the registration of any mark which in his opinion; So closely resembles a mark used by the Government or a mark already registered in favour of any other person that there is an apprehension of its being easily altered into such Government or a registered mark. '[36. Fees for registration of marks [Section 41 (2) (i)l- (1) A registration fee of rupees hundred shall be payable for the registration of each mark. (2) A receipt in the form in Schedule C' to these rules shall be granted in respect of the payment of the fee. 37. Period of validity of Registration Marks [Section 41 (2) ()]- Every registration of marks under Rule 6 shall be valid for a period of three years following the first day of January next after the date of registration. 38. Registration certificate.-A certificate with regard to the registration of mark, specifying the mark registered the date of registration and the period for which it shall remain valid, shall be issued by the registering officer. 39. Prohibition of certain acts in a declared area [Section 41(2) (h)]- (1) Except with the permission, in writing; of the Forest Officer, the moving, converting; cutting; burning; concealing or marking of timber; the altering, or effecting ofany marks o the same and the possessing or carrying of marking hammers or other implements used, for the making of timber within the limits of any area so declared under Section 45, shall be prohibited. (2) The permission referred in sub-rule (1), if granted, shall specify the place at which it is to take, effect; and may contain other conditions regarding the previous inspection of timber or otherwise, as the case may be.

1 · Subs by Notification No. 1047/XIV-2-2004-343-(L)-2001. Dated 14 june, 2004.

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1 · Name 2. Father' s name 3.. Full address. 4. Details of land for which the produce is to be brought Give acreage. If from a holding, give Khasra Nos and enclose relevant extracts of Khasra and Khatauni:

5 · Details of trees of which the produce is proposed to be brought Number of trees diameter class wise (diameter at breast height). Species 0-10 10-20 20-30 30-40 40-50 Cm Cm Cm Cm Cm

6 · Details of permission to fell and remove the trees including permission, if any required under the Uttar Pradesh Protection of Trees. In Rural and Hill Areas Act; 1976 (U.P. Act No. 45 of 1976). 7 . Destination where the produce is proposed to be taken. Signature of the applicant Date .