©RANSIT RULES (Notification No.2 Dated 29-04-1952 with Amendments) GOVERNMENT OF TIRPURA FOREST DEPARTMENT £ GOVERMNEMT OF TRIPURA FOREST DEPARTMENT NOTIFICATION Dated, 29.04.1952.
; ln exercise of the powers conferred by Section 4] and 42 of the Indian Forest Act.
4927 (XVI of 1927), read with Notification No.104-J, dated the 24" August. 1950 issued by the Government of India in the Ministry of States as amended. the Chief Sommissioner is pleased to make the following rules for the regulation of transit of forest produce and to prescribe penalty for breach thereof :-s TRANSIT RULES I. (1) No umber or other forest produce, includinig-dhari.2\d-umbrella handles*may — be transported except as under Paragraph 12 along any path, road or stream unless it is covered and accompanied by a permit, or by a transit pass issued by a Forest Officer specifying 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, and d) the date of issue and the date up to which the transit pass will remain in force.
(2) The permit for collection of forest produce other than timber and firewood will be considered sufficient in regard to the movement of the produce within the jurisdiction of the Forest Beat of the origin. There shall be no movement of timber and firewood from its origin to any other place within or beyond the jurisdiction of the Beat without being covered by valid transit pass.
2. (1) The transit pass for movement of all kinds of forest produces will be issued Iree of any charge on receipt of written application from the owner of such forest produce or produces after making such inquiry as the Officer authorized to issue the transit pass deems fit and consider necessary and on realization of such dues, if any, pavable to the Government for such forest produce or produces. No transit pass will be issued before the hours of sun-rise and after the hours of Sun-set. The transit pass shall be valid for the destination for which it is granted within the Territary of Tripura State. Ifthe produce +s to be transported beyond the territorial Jurisdiction of the state, i shall be surrendered to the Forest Officer in-charge of the Range of this State having the jurisdiction over the imer-stue boundary through which the route of export passes and a tiesh transit pass cd from such Forest offi ‘er in-charge of such Range. Wany forest to this State, the transit pass for such forest produce shall have Forest Officer in-charge of the area nearest to the place of entry of the same through which it is trans ported and shall obtain a fresh transit pass,
(2) lor movement of timber within the State. the originating station may issue the vent of forest produce under the si gnalure of the competent Officer isport of such forest produces from originating station to th transit pass f in this rega final destinat ion “ € oe In exceptional circumstance, when it becomes necessary to issu ansit pass, the owner of the forest produces shall have to apply in writing for issue of re-trans ; pass indicating the reasons therefor to the Forest Officer ~ oO ~ © having t the territorial jur si ction over the area where the forest produces are. who will thereafter send it to the Di visional Forest Officer concerned through proper channel with o the forest produces propos Ose all be issued only if writter : st Officer in each indivi du ua case on their in dividual merits. The transit passes are to be signed by the Issuing Ofte with his name in capital letters in the bracket under his signature with clear official seal ar his detailed remarks and cemificate regarding the lega y r e ai “Provided that the Divisional Forest Officer may authorize the Forester in-charge of the : ieee Estate to issue re-transit pass, for transport of — sed timber from d Industrial Estates within his Territorial Forest Division in which cz perinis. ssion from the Divisional Forest Officer will not be necessary”
(3) The order from the competent authority for issue of transit pas be recorded on the application praying for issue of transit pass and on the ty « L ne transit t pass can be issued. The delivery of the transit pass j he forest produce and not toa yone else unless authority lett i § forest Prou is there to deliver it to his authorized agent whose to be duly attested by the owner of the forest produce in the authority cies All the transit passes are to be surrendered to the nearest Forest Offic e having ‘er the area of destination soon after arrival of the forest by e t l 1 ansit passes on recei ipi ave to be entered in a registe and alls ‘ual produces , are to be verified and verification results recorded in the register. The surrendered transit passes are to be prescribed care efully and not to be destroyed without havine order from the appropnate authority for their destruction.
(5) No transit pass can be issued on ite strength of saw mill transit pass if issued by gay Sawmill. or on the basis of any chit of paper issued by any Sawmill, if such Sauwnulls do not have the licence or have the licence but do not snes the returns as Pequired under ‘Tripura Forest (Histablishment and Regulations of Sawmills and other } Wood based Industries) Rule. 1985 or has nei her the licence nor submi Sd pager, OES > x : 3 7 ® 2 Voresaad. “Phe Sawmill ransit puss and the cash memo issued by : other umt with due seal of the sawn or Unit and signature of the owner! Mill *y s.
thereon may. however. be accepted ior the purpose of ISSHIN transit pass provided that Hd licence and submit the datutory returns as aforesaid and such returns have been duly checked and the Stocks Ps hall be issued without or before physical verification of being sure that all suck for St pi male have been paid.
the ducs payable to the Government for /) No transit or re-transit pass can be issued by a Forest Officer. even though such Forest Officer may otherwise be con apetend ¢ lo issue such pass unless the Officer ISSUIN such transit 6 Or re-transit pass is fully satisfied that the forest produces are within is juri verifie 4 the forest produces physically and is sure that there j 1S no illegality and there 1s no dues payable to the Gov crmment for such forest produces.
3. (1) Any person importing, ex porting or Moving into, from or within, or who has imported, exported Or moved into, from or within the State of Tripura any forest produce, shall present it to the Forest Ciieey r in Charge of the Place of origin or entry of the forest produce, or to the Forest Officer in Charge of the area nearest to the place of origin or entry of the same through which it is tr Tansported, for examination and check. and shall pay the amount, if any, due thereon and obtain a transit pass in Form C of the Appendix to these rules.
(2) No person shall remove or cause to be removed from the State for the Purpose of trade or otherwise any timber and firewood to any other place outside the State and no trading depot shall be set up or established in the State at any place without icence for such purpose from the Divisional Forest Officer having the jurisdiction over the area subject to approval of Conservator of Forests of the Circle.
(3) Every application for grant of licence under the aforesaid Rule shall be made to the Divisional Forest Officer having the Jurisdiction over the area in the F Form _ an ts q - . 4 1:
éppended to this Rules and on payment of non-refundable application fee amoun ing 10 ]
(4) Every order granting or refusing a licence under these Rules shal] be in writing and in case of refusal, shall contain the reason. therefor. The licence fee Rs.2.000/- shall be paid and deposited in Government Treasurys Sub-Treasury by che and the receipted copy of the challan must ¢ accompany the licence all lan
(5) The conditions of the licence, the route or routes through which the timbers/ lire Woods are to be transported to a place outside the State and the period of valid; iwior the licence shall be such as may be noufied by the State Government in the Official
Provided that the conditions of the licenee and the period of its validin May Vas lor different: catevones of timber.
Provided further that such period of validity shall not exceed (six) months.
(6) Every licence Granted under this Rules May be renewed, An application for renewal of licence shall be made jn Form-B with 30 (thirty) days before the expiry of the licence. The Divisional Forest Officer having the Jurisdiction over the area shall on receipt of application for renewal of licence make such inquiry as he may think fit and Within a period of 60(sixty) days from the date Of receipt of such application, either grant or refuse to grant renewal of the licence - :
Provided that no renewal of licence shall be granted unless the Divisional Forest Officer is satisfied about the location, availability of the ray materials, financial Capacity, past records in business and Televant antecedents of such person. Where the Divisional Forest Officer refuses to grant the Tenewal of licence, he shal] record the reasons there for and such reasons Shall be communicated to the Person in writing. For the purpose of inquiry under this Rules, the Divisional Forest Officer May enter into or upon any land.
survey and democrat the same, make a map there of or authorize any Officer to do so and aso call for such documents as he deems nhécessary for ascertaining the merit of the application,
Provided further that no application for renewal of licence shall be rejected unless the holder of such licence has been given an Opportunity of presenting his case and unless the Divisional Forest Officer is Satisfied that the application for such renewal has been made after the period specified there for or any statement made by the person making Such application for grant of renewal of the licence was incorrect or matenially false or such person has contravened any of the terms and conditions of the licence or any Provision of the Indian Forest Act or the Rules made thereunder or such person does not tusins the terms and conditions for Such licence.
(7) The quantity of timber and fire wood which will be permissible for export by a “xport licensee shall be determined on the basis of availability of forest produce after Catering to the needs of the local people of the State and those of the Forest trade licence holder for trading in forest Produces within the State meeting the requirement of the People of the State.
oh The Forest Officer on receiving application for a transit pass shall, before issue of the transit PaSS. examine the timber or other forest produce for which it is required and Sausfy himself that the Forest Department has no claim, or no further claim to any royalty or fees on account of the timber or other forest produce. or in the event of any royalty or fees being due. shal] realize the same jn accordance with law and the rules prevailing. J ANN person IMporting, exporune or moving umber or other forest produce into.
f- 1 : sa)yt Pt } : 3 } oi 8 ‘ Donk TOM Or Within lripura shall, When required to da so. produce the transit pass to a Forest or Police Officer ang allow examination of the produce j And all vehicles, cars, cra"s. animals, boats, rafts and all persons carrying forest produces must stop at the Check-post and Drop Gates and shal] also offer such forest produces along with the supporting documents for accessary checking and examination by forest Officer or Police Officer on duty at such Check-post and drop Gate. Non- stoppage of such. vehicle. carts. Crails, animals, boats. rafis and persons carrying forest produces at such Check-post and Drop Gate shal] constitute a breach of this Rule.
vehicle suspected to contain such produce shall be liable to stoppage by any forest : officer on any route or at any forest office in order that jt may be produced, examined or checked and that if any amounts are found due payable on such produce such amounts
6. All umber and other forest produce to which these rules apply or any crafts, cart Or - may be realized at the neéarest Forest Office.
oe Produce not covered by @ transit pass or a permit shall be liable to detention for inguiry.
And the forest produce not covered by transit pass shall also be liable to seizure and confiscation by appropriate Court or by such Officer competent in this behalf under Tripura Forest (Establishment and Regulations of Sawmills and other Wood based Industries) Rules, 1985.
8. Every person taking out such a transit pass shall unless specially exempted in writing by the Divisional Forest Officer, on arrival at his destination with the timber or other produce, deliver up the transit pass to the Forest Officer in charge of the nearest Forest Station, and in the case of the Forest Office being situated in the Same town or Village as his destination, shal] present the timber or forest produce to the Forest Officer, in-charge of that forest office for examination, :
sO SOR MOVING FOREST] AIR a Jadan to oy The booking or moving by air of timber in logs or round or sawn, bamboos, Canes, agar, al] paris and produce of medicinal plants, honey, elephant tusks, hide, antlers, dhari, umbrella handles, wild animals and birds is prohibited within the limits of the State of Tripura unless such timber etc. as forest produce is covered by a Forest Department lransit pass as Prescribed under Rule j above, duly Signed by the Divisional Forest fficer or other Persons authorized by the Conservator of Forests. Such transit pass must accompany the timber etc. in transit provided that the Conservator of Foresis may direct “ that the rule shall Not apply to any particular item giving reasons for his decision.
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10. PREVENTION AND REMOVAI OF OBSTRUCTION IN RIVERS Than 2y ryr si VET LAd is ~{- > wg - | ;
Phe closing up o1 obstructing of any tiver. sttéane er clidaael op the bank mver. Stream or channe| used for the transit of timber or other forest produce. or the ‘Moppage of navigation on the same is prohibited The DFO May order any person who, by his act or negligence has caused such closure, obstruction or stoppage, to remove the same within a lime specified. or may cause such obstruction to be cle from the cared and recover the cost of such clearance { person by whose aet or negligence it was caused 1]. REMOVAL OF FOREST PRODUCE OF PRIVATE FORESTS CERNE ERE UCE OF PRIVATE FORESTS
(1) In respect of forest produce of private forests and plots, the owner of which d he right to remove the same with or without payment of royalty, the following rules shall be observed:- , have on ;
(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.
(1) In respect of other Species of trees and other forest produce Free Passes may bé obtained from the Divisional Officer, without charge, or on payment of forest valuation to the proper authority if such valuation was not paid before, but subject to the following conditions:- > a) Application shal] be made to the Divisional Officer or on before the 15 of April in-Form A given in the Appendix to these rules and the Free Pass shall be in Form B of the same Appendix, 0) There shall be only one application in any one year commencing on the fifteenth day of June and one pass for each area, i.e. Estate.
) On receipt of the application the Divisional Officer shall cause such inquiries to be made as may be necessary through the Divisional Forest Officer for the purpose of ‘ a i Lc 7 Ir ascertaining whether the quantities applied for ere reasonable and within the Capacity o Ss d) Every Free Pass shall show and cover the maximum amount of each kind of produce which is Expected to be extracted and which the Divisional Officer considers.
under advice of the Divisional! Forest Officer, may be extracted from the area during the year Commencing on the fifteenth day of June and ending on the 14" of hine of the following year, No forest produce different ip kind or exceeding in amount allowed under the Free Pass shall be exported.
€) Before issue of the Prec Pass royalty, if due, shall be paid to the Divisiona} Forest Officer on the full quantity of Forest produce recommenced for extraction and no refund will be made for any part of the forest produce non extracted during the currency of the pass.
Free Pass or be Gy 1) Pach despactch of produce shall be accompanied by the saic cc “Ags 8, PEA aren ses egy 3 . 3a. ssl . . 5 £45 BPA Baas t plage 24 oa Covered and vecompanied by a serially numibered pass issued by the owner of the forest E r r a a or land. i which will be stated the at nount of produce allowed, the number and date of the Free Pass issued by the Divisional Officer and the quantity already removed out of the total grant. The amount of cach such dispatch shall also be entered at the time on the back of the Free Pass.
2) In the case of forest produce from areas adjoining Reserved or Protected lrorests such owner's pass or Free pass shall be counters! igned by a Forest Officer not below the rank of an Asst. Forester. * ; ‘ 7 h) Timber and dug-outs from such adjoining areas must be inspected and marked at site by a Forest Officer not below 1 the drank of an Asst. Forester and their volume shall be entered by him on the back of the Free Pass.
v 1) All timber, logs and poles other than the Reserved species shal] be marked with the property hammer, if any, of the owner and with the forest hammer after check by a Forest Officer (loe = 3' ft. and upwards in gn th over bark at the thick and and 6' ft. and upwarcs in length; pole = under 3' fi. in girth over bark at the thick and and 6' ft. and upwards in length.).
J) The holder of the Free Pass and his agents shal] abide by the rules in force for the control of forest produce in transit.
k) The Free pass is liable to cancellation for breach of the aforesaid conditions or conditions of Transit Rules. The holder shall also be liable to any further T punishment prescribed under these rules.
(2) A copy of the Free € pass referred to in sub-clause (1) (ii) above will be supplied by the Divisional] Officer to the Divisio nal Forest Officer concemed.
(a) Trees or timber (nont veing of reserved species) and other forest produce felled. cut. collected or converted by Jhoomias under the Special Concession granted under Tripura gazette ification No.3 dated 29.04.1952 paragraph 3 (b) and desired to be extracted from forest for sale, shall in the first instance be conv eyed, between the hours of sunrise and sunset to the nearest authorized “hat” for such produce and shall be deposited in such place as may be appointed in that behalf by the Divisional Forest Officer, whence it shall not be removed by the purchaser except with the permission of the Forest Officer of the Beat t and afier p €payment to him of the royalty thereon:
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(b) The number and location of the a uthorized “hats” shall be fixed from lime to ume by the C OnServator oF Forests. T ripura and the rovalies shall be those listed in ihe Current schedule of rates.
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13. PENALTIES UNDER SECTION 42.
Any person infringing any provision of the forcgoing rules shall be punished with hs, or with fine which may cxtend Imprisonment for a term which may extend to six mont i offence is committed after sunset and before sunrise, or afier preparation for resistance to lawful authority, or when the offender has been previously convicted of a like offence.
o { V. Nanjappa Chief Commissio Tripura O lo Rs.500/- or with both, and the double of the above penalties mav be inflicted if the