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(Notification No.12Dated 29-04-1952 with Amendrncutsj

GO\lERNJ\1ENT OF T'IRPUr~~FOREST DEP~4.r~T']\TENT

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GOVEnMNEMT OFTRIPUHAF()IU~STDEPARTM[NT

NOTIFICATION

Dated, 29.04.1952.

<: in exercise of the powers conferred by Section 41 and 42 of the Indian Forest Act.(X VI of 1927), read with Notification No. J 04-J, dated the 241h August. 1950 issued

Government of India in the Ministry of States as amended, the Chiefssioner is pleased to make the following rulesfor the regulation of transit of forest

produce and to prescribe penalty for breach thereof :-8

TRANSIT RULES

I. (1) No timber or other forest produce, iflc-ludirig-dharj,~d-umbreHa handl~~'maybe transported except as under Paragraph 12 along any path, rpad or stream unless it iscovered and accompanied by a permit, or by a transit pass issued by a Forest Officerspecifying therein - "

a) the name of the owner of the, forest produce,b) the number of pieces and description and, in the case of timber, dimensions,c) the mark or marks, if any, andd) the date or issueand the date up to which the transit pass will remain in force.

(2) The permit for collection of forest produce other than timber and firewoodwill be considered sufficient in regard to the movement of the produce within thejurisdiction of the Forest Beat of the origin. There shall be 1)0 movement of timber andfirewood from its origin to any other place within or beyond the jurisdiction of the Bc.uwithout being covered by valid transit pass.

2, (I) The transit pass for movement of all kinds of forest produces will be issuedrice of any charge on receipt of written application Irorn the owner of such forest pf\ldu(l'or produces after making such inquiry as the Officer authorized to issue the transit P:1SS

deems fit and consider necessary and on realization of such dues. jf anv, pa: able to theGlWl'rl1ll1l'l1t for such forest prod uce or prod uccs. No transi 1 pass xviII be issu..:d bL'llll,' \he'hour-: Ill' slln-rise and :1ftcr the hours of sun-set. The transit P:1SS ::;11;111 bl' \ :i1ld i'ur Ih,'tkstill:ili,lll j'nr whicl: it is granll'd within the Territory (11' 'lripura St~lll'. II' II'l' Pl11cilll'l' "

tl) h,' Ir:lI1sp0rlL'd bevond the territorial jurisdiction oj' thl' stall', it shnll l'L' SlllIl'I"h'rl',! :ll

th,' FUll'SI Ulrlc,'1 in-ch:liL!l' Dr till' !Z;Il1L!L'(llthis ~t;lll' havinu the jllIIS,lll'llllll ,n l'l I:~l'iJ1I<"'l'-St:lt,' hlll1nd:ll':--' thr0l7:::h which the - ruuic or l'\I'(ll'l P<1SSl:S .uul :1 (ll'~h 11,1:1:-011 i);:~'

:,;/u!l have to be ohtdiJ)cd Jrom sllCiJ Forest (JHlcer in-charge of such F'JI)gc. Jf (iny fores!produce is to be imported to this State, the transit pass for such forest produce shall havet() be surrendered to the Forest Officer in-charge of the area ncarcs: to the place (Jr entryof the same through which it is tralls1'oncd and shall obtain 3 fresh transit pass.

(2) For movement ortimhcr within the State the originating station may issue thetransit pass for movement of forest produce under the signature of the cornpcrcm Officerill this rcgarr: allowing transport of such forest produces _from originating station to thefinal' destination within the State, In exceptional circumstance, when it becomesnecessary to issue re-transit pass, the owner of the forest produces shall have to apply inwriting for issue of re-uansu pass indicating the reasons therefor to the Forest Officerhaving the territorial jurisdiction over the area where the forest produces are, who willthereafter send it to the Divisional Forest Officer concerned through proper channel withhis detailed remarks and cenificate regarding the legality ofthe forest produces proposedto be transported with re-transit pass. The rc-trahsit pass shall be issued only if writtenpermission in this regard is obtained from the Division21 Fo~est Officer in each individualcase on their individual merits, The transit passes are to be signed by the Issuing Officerwi th his name in capital letters in the bracket under his signature with clear official seal.

"Provided that the Divisional Forest Officer may authorize the Forester in-charceof the Industrial Estate to issue re-transii pass. for transport of processed timber fromnotified Industrial Estates within his Territorial Forest Division in which case writtenpermission from the Divisional Forest Officer will not be necessary",

(3) The order from the competent authority for issue of transit pass shall have tobe recorded on the application praying for issue of transit pass and on the basis of suchorder only, the transit pass can be issued, The delivery of the transit pass is to be givenonly to the Owner of the forest produce and not to anyone tIs;: unless authority letter fromthe owner of the forest produce is there to deliver it to his authorized agent whosesignature shall have to be duly attested bythe owner of the forest produce in the authorityleiter,

(4) All the trallsit passes are to be surrendered to the nearest Forest Office havingthe tCn-iloriaJ jurisdiction over the area of destination soon' after arrival of L'1e forestproduces at its destination. All such transit passes on receipt art to be entered in a registerand all such produces are to be verified and verification results recorded in the register.The surrendered transit passes are to be prescribed carefully and not to be destroyedwithout having order from the appropriate authority for their d\~struclion,

(5) No transit pass can be issued On the strength of S2W mill transit pass if issuedb\ jlI1Y S~I\\'mtIL or on the basis of any chit of paper issued by any Sawmil], if suchS~I\\'illill:; el() 1101knc the:' liccnc« or k!\'c th:..' licence hut do no: submit llll' rC'lurns :1:;

rCtjuirl'd ullLkr rriplIr;1 Forest (Es!;lblishll1clli and RcguJaiiops or S;l\\'ll1ills :lIld otherWUlld h;lscti Jnduslrics) Rule. i °S5 or h;IS neil/.cr [he licence nor suhmi: the returns as;l!\)fcs;!ld. Till' S;l\\-mill [r;lllS!1 p:!SS ;-IJ1dlhl' C:hiJ mL'lllO j::;sul'd b:- IlK S:I\\ll1iIJ ()r ;li]\'

lHilL'1 lIlilt Willi dill' SI_":;i n( till' S:l\\lllili (il I. Jill1 :lllc1si~:ll;!lure oj' the (1\\-11('1/ i'di!l \i:!l);:",L'J

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thereoll Ill:.!)'. }]()WC\er. hc· <llTl·/'kti fiJI the plIrp():;e or i.<.\'Jing !rilll:;i! pJ';\ fJro\'ilkJ [/i;11

such S<lwmiJl." have tile valid licence (1I1U suomit the .I(ltu(or), returns as ai"fJ)cs<liJregularly withoui ~my dcfaui: and such returns have been duly checked and the sl(ld:.;veriflcd_

(()) No transit pass skill he issued without or before physical verification of theforest 'produce and without being sure that all the dues payable to the Government forsuch forest produce have been paid:

(7) No transit or re-transit pass can be issued by a forest Officer. even thoughsuch forest Officer may olherviise be competent to issue such pass unless the Officerissuing such transit or re-transit pass is fully satisfied that the forest produces are withinhis jurisdiction. he has verified the forest produces physically and is sure that there is noillegality and there is no dues payable to the Govemment for such forest produces .

.3. (1) Any person imponing, exporting or moving into, from or within, or who hasimported, exported or moved into, from or within the State ofTripura any forest produce,shall present it to the Forest Officer in Charge of the Place of origin or entry of the forestproduce, or to the Forest Officer in Charge of the area nearest to the place of origin orentry of the same through which it is transported, for examination and check. and shallpay the amount, if any, due thereon and obtain a trarisit pass in Form C of the Appendixto these rules.

(2) No person shall remove or cause to be. removed from the State for thepurpose of trade or otherwise any timber and firewood to any other place outside theState and no trading depot shall be set up or established in the State at any place withoutliceI1ce for such purpose from the Divisional Forest Officer h;;,lving the jurisdiction overthe area subject to approval of Conservator of Forests of the Circle.

(3) Every application for grant of licence unde; the aforesaid Rule shall bemade to the Divisional Forest Officer having the jurisdiction over the area in the Formappended to this Rules and on payment of non-refundable application fee amounting toRs.l,QOOI,..

(4) Every order granting or refusing a licence under these Rules shall be inwriting and in case of refusal, shall contain the reason" therefor. The licence fcc ofRs.2;OOO!~ shall be paid and deposited in Government Treasury! Sub-Treasury by challanand the receipted copy of the c11a113nmust accompany the licence.

(5) The conditions of the licence, the route OF routes through which the timberslfire woods are to be transported to a place outside the SICile and [he period of validir. u(the licence sl1;:)11be such 3S ll1J.y be notified by the Sl<lIC (i,)\ClIlI11Cll[ ill rlh' OlJIL.J:i!G~l1L'lk.

jlf\l\·idcd ihut the co ndit ion-, oi" [ill' licence ;tllLl [h· jll'n{ld "r if:; \ :dldli\ 11LI\.v.u,lor diCfc!c'l11 Cllc_c'.()rics o tt imhcr

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/- Provided funher thilt such period of validity shilll not exceed 6(six) months.,/

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«(J) Every licence granted under thi~ J\ules may be renewed. An application forrCllt:\\ul of licence shall he made in Form-13 wilh ~() (thin)') days before the expiry of thelicence. The Divisional forest Onlcer 11<1\ing the jurisdiction over the area shall onreceipt of appjication for renewal ()r licence make such inquiry as he may think iit and",iII"" a penod of 60(sixt)') days from the dale of receipt of such application, either grantor refuse- to grant renewal of the licence: _

Provided that no renewal of licence shall be granted unless the Divisional Fares!Orncer is satisfied about the location, availability of the raw materials, financial capacity,pas! records in business and relevant antecedents of such person. Where the DivisionalForesr O[fJcer refuses to grant the renewal of licence, he shall record the reasons there forand such reaSOns shall be communicated (0 the person in writing For the purpose ofinquir)' under this Rules, the Divisional Forest Officer rna)' enter rota or upon an)' land,survey and democrat the same, make a map there of er authori~e any Officer to do so andalso call for such documents as he deems necessary for asc~rtaining the merit of theapplication.

Provided further that no application for renewal oflicence shall be rejected unlessthe holder of such licence has been given an opportunity of pres~nting his case and unless'he Divisional Forest Officer is satisfied that the applIcation fqr such renewal has beenmade afier the period specified there for or an)' statement mage b)' the person makingsuch application for grant of renewal of the licence was incorrect or materially false orSuch person has contravened an)' of the terms and conditions of the licence or an)'provision of the Indian Forest Act Or the Rules made thereunder or such person does notfulfill the terms and conditions for Such licence. .

(7) The quantity of timber and fire wood which will be permissible for export by aexport licensee shall be detemlined On the basis of availability of forest produce aftercatering to the needs of the local people of the State and those of the Forest trade licenceholder for (rading in forest produces Within the State meeting the requirement of (hepeople of the State.

4, The forest Oftlcer on receiving application for a transit pass shall, before issue of[he (ransit pass, examine the timber or other forest produce for which it is required andsatisii' himself that the forest Depanment has no claim, or no fUrtller claim to ally royaltyor fees on accOUn! of the timber or other forest pmducc, or in the event of an" royalty orICes being due, sh,dl realize [he same in accordance with law and the rules prevailing.

5. '\ '" 1','""" HllPOrti"g, "por" ng or movi ng timber or Nh!r forest produce into,Ii "'" or oi th ifl I" pura shal I, okn req ui red to do so, prod ucc the transit pass to a F", ,'",~)J l)ulicl' Oi'ill'l'l' ;111d;!11l1W C.\;llllil1:-.uioll of till' pr(,l(jLlcc

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/\ncJ all vehicle», ClrtS, CI:I1",. animals, boats, LJft,'i and all persons carrying !<In:stproduces must stop at the Cllcck-post and Drop Gates and shall also offer such forestproduces along with (he supporting documcnts for nccessary checking and examinationh\ forest Officer or Police OffIcer on duty at such Check-post and drop Gate. Non­s(oppage of such. vehicle. carts. crafts, animals, DO:'llS. rafts and persons carrying forestproduces at such Check-posl and Drop G,lle shall constitute (l breach of this Rule.

G. All timber and other forest produce to which these rules apply or any crafts, carlor vehicle suspected to contain such produce shalJ be liable to stoppage by any forestofficer On any route or at any forest office in order that it may be produced, examined orchecked and that if any amounts arc found due payable on SUCllproduce such amountsmay be realized at the nearest Forest Office.

7. Produce not covered by a transit pass or a permit shall be liable to detenlion forinquiry

•And the forest produce not covered by transit pass shall also be liable to seizureand confiscation by appropriate Court or by such Officer competent in this behalf underTripura Forest (Establishment and Regulations of Sawmills and other \Vood basedIndus}ries) Rules, ] 985.

8. Every person taking out such a transit pass shall unlr;ss specially exempted inwriting by the Divisional Forest Officer, on arrival at his destination with the tim bel orother produce, deliver up the transit pass to the Forest Officer in charge of the nearestForest Station, and in the case of the Forest Office being situated in the same town orvillage as his destination, shall present the timber or forest proquce to the Forest Officer,in-charge of that forest office for examination. ,

9. PROHIBITION AGAfNST BOOK~f)\l(; OR MOVING FOREST BY AIR

The bOOking or moving by air of timber in jogs or round or sa \\'11 , bamboos,canes. agar. all parts and produce of medicinal plallts, honey, elephant tusks, hide, antlers,dhari. umbrella handles, wild animals and birds is prohibited within the limits of the Stateof Tripura unless such timber etc. as forest produce is covered by a Forest Departmenttransit pass as prescribed under Rule 1 above, duly signed by the Divisional ForestOfficer or other persons authorized by the Conservator of Forests. Such transit pass must3CCOmpany the timber etc. in transit provided tha: the COI1Serv,llor of Forest , may directthai the rule shall n01 apply to any particular item giving reasons fpr his decision.

10.PEEVENTION AN)) )<'EMOVAL OF OBSTRUCTION IN J\IV[l~S

The closing lip 01 (lhstfUl'llllg or anv rive!. Slrc,lil"J III ch;q1l1ci ,)1 the h.inl: of' ,myfl\'<:r. Sll"l':llll or ciJ:l111ll'i \lsni 1~)r lill.' lf~\llsil \lj' Illllhl'l ur nlhl'! 1"01\':'\prodlll'l'. or theSl()pP:l~l' of" Il;wigil!ion Oil ilil' S;IIll,' is I':.llhihill'c!

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The OFO I11CJY order any person who, by his act or negligence has caused suchclosurc, obstruction or stoflpage, to remove the 5a1111: within a time specified or maycaLisc such OoslrUcfiolJ to be cleared and recover [he cost of such clearance from theperson hy whose act or negligence it was caused,

J 1- fZEMOV /\]~ OF FOf-ZESTPRODUCE OF PRIVATE FORESTS

(1) In respect of forest produce of private forests and plots, the owner of whichhave the right to remove the same with or without payment of royalty, the following rulesshall be observed:-

(i) As regards Reserved species of trees, rules for marking, payment of royalty,sale marking, etc. of the Forest Department and the rules framed below shall apply,

(ii) In respect of other species of trees and other forest produce Free Passes maybe obtained from the Divisional Officer, without char/,$e, or on payment of forestvaluation to the proper authority if such valuation was not 'paid before, but subject to thefo1JO\ving conditions:-

a) Application shall be made to the Divisional Officer or on before the 15 of Aprilin Form A given in the Appendix to these rules and the Free Pass shall be in Form B ofthe same ".6~ppendix_ .

b) There shall be only one ,application in any one year commencmg on thefifteenth day of June and one pass for each area, i.e, Estate,

c) On receipt of the application the Divisional Officer shall cause such inquiriesto be made as may be necessary through the Divisional Forest Officer for the purpose ofascertaining whether the quantities applied for are reasonable and within the capacity ofthe. area to suppJy,

d) Every Free Pass shall show and cover the maximum amount of each kind orproduce which is expected to be extracted and which the Divisional Officer considers.under advice Of1he Divisional Forest Officer, may be extracted from the area during theyear cOmmencing on the fifteenL~ day of June and ending on the 14lh of June of thefollowing year. No forest produce different in kind Or exceeding in amount allowed urrderthe Free P<lSS shall be exported.

e) Before issue of the Free Pass royalty, if dUt, shall be paid to the DivisiollalFores! Officer On the Iul] quantity of Forest produce recommenced for extraction and norefund will be made for any par: orllle forest produce non extracted during the currcnr-,0(111(' pass_

n [;lc11 Jesp:iCIC!J of' rrlluucC shal] be accompanied by the Silid Free P;lSo: O! [,,_C(l\l.'IL-d :!Iid :ll"('lJJ11i';llli('d 11:\ ;1 ':l-ri:ilh- I1l1ll1bcrl.'dP:l,:S ]\slIL'd )1\' I ill- ()\\'!lCr ,_)! ihl' it"l-']

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or land. i: which will he stated the amount of produce allowed, the number and uate ofthe free Puss issued by the Divisiona] OiTiccr and the quantity already removed out ofthe total grant. The amount or each such dispatch shall also be entered at the time OJ] thehad OJ the Free Pass.

g) 111 the case of forest produce from areas adjoining Reserved or Protectedl'ore;.;ts such owner's pass or Free pass shall be countersigned by a Forest Off iccr notbelow the rank of an Asst. Forester.

h) Timber and dug-outs from such adjoining areas must be inspected and markedat site by a Forest Officer not below the drank of an Asst. Forester and their- volume shallbe entered by him on the back of the Free Pass,

i) All timber, logs and poles other than the Reserved species shall be marked withthe property hammer, if any, of the owner and. with the forest hammer after check by aForest Officer (log == .:;' ft. and upwards in girth over bark at the thick and and 6' [1, andupwards in length; pole == under 3' ft. in girth over bark at the thick and and 6' ft_ andupwards in length}

j) The holder of the Free Pass and his ageflts shall abide by the rules in force forthe control of forest produce in transit.

k) The Free pass is liable to cancellation for breach of the aforesaid conditions orconcjitions of Transit Rules, The holder shall also be liable to any further punishmentprescribed under these rules,

(2) A copy of the Free pass referred to in sub-clause; (1) (ii) above will be suppliedby the Divisional ODicer to the Divisional Forest Officer concerned. '

12_ TRA,NSPORT OF FOREST PRODUCE BY HILMEN JHOOMIA,

(3) Trees or timber (nonbeing of reserved species) and other forest producefelled. cut collected or converted by Jhoomias under th~ Special Concession grantedunde- Tripura gazette Notification No.J dated 29,04,1952 waragraph 3 (b) and desired tobe C:;tracted fr0111 forest for sale, shall in the first instance be conveyed, between thehours of sunrise and sunset to the nearest authorized "hat" for such produce and shall bedeposited in such place as may be appointed in that behalf by the Divisional ForestOiTiL't;r. Whence it shall not be removed by the purchaser except with the permission ofthe Forest Officer of the Beat and after prepayment to him ofthe royalty thereon;

(b) The number and location or the authorized "hats" shall be' fixed from time tolime h,\ the' Conser-ViJlOr of Forests, Tripura and the' r()yalli~s shall be' those' listed ill thel'qrre'lll sch'_'liuk !'If ral:?s

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IJ. PENALT1ES UN])LR SLCTION 42.

Any person infringing any provision of the foregoing rules shall be punished withimprisonment for a term which may extend to six months, or with fine; which may extendto 1\s.500/- or with both, and the double of the above penalties may be inflicted if theoffence is committed after sunset and before sunrise, or after preparation for resistance tolawful authority, or when the offender has been previously convicted of a like offence.'

[ V. Nanjappa ]Chief Commissioner.

Tripura

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