(1) The State Government may make rules to regulate the following matters, namely :
(a) the salving, collection and disposal of all timber mentioned in Section 49;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and
(d) the use and registration of hammers and other instruments to be used for making such timber.
(2) In making any rule under this Section, the State Government may provide that a breach thereof shall be punishable with imprisonment which may extend to one year 1[and with fine] which may extend to one thousand rupees 2[***] 3[CHAPTER - VII-A] PROVISIONS RELATING TO SANDAL WOOD 55-A. Sandal-trees to be exclusive property of State Government :–
(1) Notwithstanding anything to the contrary contained in any law, contract, grant or other instruments but save as provided in Section 55-B.
(i) all sandal trees which may grow in any land on or after the date of commencement of the Odisha Forest (Amendment) Act, 1990; and
(ii) all sandal trees existing on any land prior to the commencement of the Odisha Forest (Amendment) Act, 1990 shall be the exclusive property of the State Government.
(2) Where, in any proceedings taken under this Act, a question arises as to whether any sandal wood is the property of the State Government, it shall, until the contrary is proved, be presumed to be the part of a sandal tree which was the exclusive property of State Government under Sub- Section (1), and in the case of any prosecution, the burden of proving the contrary shall lie on the accused.
55-B. Disposal of sandal-wood belonging to private persons :– (1) Any person who by terms of his title to the land, grants or by judicial decision or otherwise, was prior to the commencement of the Odisha Forest (Amendment) Act, 1990, legally entitled to the sandal trees in his
1. Substituted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
2. Deleted by ibid.
3. Inserted vide Odisha Ext. Gazette No. 2037/Legis., Dt. 14.12.1990.
27 lands, shall not fell or sell any such sandal trees.
(2) The Divisional Forest Officer concerned may cause any such sandal tree or trees occurring in such lands to be cut or uprooted and sold and in the event of such sale, proceeds thereof shall be paid to the person referred to in Sub-Section (1) after deducting the expenses incurred for felling and selling the three and such payment shall be deemed to have been made towards the full satisfaction of compensation for that tree.
55-C. Regulation, sale and manufacture of sandal-wood and sandalwood oil :– (1) No person shall possess, store or sell or attempt to store or sell sandal wood or disintegrate or attempt to disintegrate sandal wood in mills or by other contrivance, manufacture or distil or attempt to manufacture or distil oil from sandal woods except under a licence obtained from a Forest Officer empowered in this behalf on payment of such fees and subject to such restrictions and conditions, as may be prescribed;
Provided that no such licence shall be necessary for possession of sandal wood up to two kilogram for bona fide domestic use.
1[(2) Whoever contravenes the provisions of Sub-Section (1) shall, on conviction, be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and with fine which may extend to ten thousand rupees.]
55-D. Responsibility of occupants and holders of land for preservation of sandal-trees :– (1) Every occupant or holder of land shall be responsible for the due preservation of all sandal trees growing thereon which are the exclusive property of the State Government, and shall, in the event of any damage to any such tree from whatever cause or its theft, report such fact to the nearest Forest Officer or Police Officer as soon as possible.
(2) Any occupant or holder who fails to report any such case of damage or theft as aforesaid to such officer and unless adjudged by a Forest Officer not lower in rank than the Divisional Forest Officer that such damage or theft was not caused either by his own act or by any neglect or default on his part or by any other person at his instigation or with his connivance shall, notwithstanding any other penalty to which he may be liable, to pay the State Government such compensation on account of such damage or theft, as the Divisional Forest Officer, may deem reasonable.
Explanation :— The word damage used in this section includes the lopping of branches of the tree.
55-E. Penalty for offence in regard to sandal-wood :– In any case of a forest offence having reference to the cutting uprooting or removal or damage to a sandal tree or any part of a sandal tree belonging to Government, the offender shall on conviction be punishable with imprisonment for a term 1[which shall not be less than three years but may
1. Substituted vide O.A. No. 12 of 2003 Notfn. No. 6282/Legis. O.G.E. No. 660, dt.5.5.2003.
28 extend to seven years] and with fine which may extend to ten thousand rupees.]
CHAPTER - VIII PENALTIES AND PROCEDURE 1[55-AA. Minimum punishment to be imposed :– Unless for sufficient reasons to be recorded in writing, the Court passing an order of conviction for an offence under this Act or the Rules made thereunder [other than an offence under Sub-Section (2) 2(or Sub-Section (3) of Section 27 or Sub- Section (2) of Section 46 or Section 55-C or Section 55-E or Section 67) or under Section 83] imposes a lesser punishment, the minimum punishment to be imposed on such conviction shall be imprisonment for a period of two months together with a fine of an amount equal to fifty per cent of the maximum fine provided for the offence.]