CHAPTER-VII
TRANSIT OF FOREST PRODUCE
( Sections 41, 42 and 76 of the Act. )
| 32. | (a) | All rivers and their banks shall be kept open for the transport of forest produce. |
Obstruction on the banks of rivers etc. is prohibited. |
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| (b) | No
person shall cause diversion of the channel or obstruction on the banks
or in the channel or any river used for the transport of forest produce
except with the written permission of the Deputy Commissioner or the Chief
Conservator Forests.
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| (c) | The
Chief Conservator of Forest may order the removal of any obstruction on
the banks or in the channel or the closure of any diversion of any river
used for the transport of forest produce and to recover the cost thereof from
the person or persons who caused the obstruction of the diversion or by
sale of the forest produce causing the obstruction. |
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| Mode
of removal |
33. | (a) | No
forest produce shall be removed except as provided in Sub-Rule (b) of
this Rule unless covered by a pass which shall be in the form of :- |
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| (i) | a
permit issued by a duly authorized Forest Officer in the case of forest
produce where the transit is to take place within the State and by the State
Government or by an officer duly authorised by the Government
in this behalf where the forest produce is to be transported outside the
State. Provided that for transport of minor forest produce like Dalchini, Agar, Cane and Bamboo (except Timber of any kind ) outside the State of Manipur, the Divisional Forest Officers concerned shall continue to issue necessary pass by realizing transit pass fee (No. 51/25/81 -or dt.21/4/86).
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| (ii) | a
certificate of origin (in the form prescribed in Appendix A) in the case
of forest produce from private lands for which nothing is due to
Government. Such certificate must be issued by the owner of such land or
his duly authorized agent and must bear such signature or stamp of the
owner or his agent as has been previously registered in the Forest Office
and such certificate shall be produced by the holder at the Revenue
station specified therein to be dealt with as noted hereafter.
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| NOTE: | The
Certificate of origin must be issued in all cases whether the owner
himself or any other person removes the produce.
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| (iii) | a
transit pass (in the form prescribed in Appendix "B") issued by
a Forest Officer, in token of full payment of all amounts due to
government an account of the forest produce covered by it . In special
cases, the Chief Conservator of Forests may permit the issue of transit
passes by any person duly authorized by him.
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Provided that no certificate of origin or other
pass shall be required for the transport of home grown bamboos. No. royalty
will be we realized on bamboos of any kind s unless they are known to have
come from Government forest.
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| (b) | (i) | Lac
intended for export can be moved within a plains area or to a plains area
from a neighboring hill area without a transit pass or permit from the
place of origin to the storage godown or premises of the purchaser,
subject to the provision of items (i) and (ii) below.
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| (ii) |
All traders who at any time store lac exceeding
50 maunds in their godown or premises must register such godowns or premises
with the Chief Conservator of Forests. All traders in lac not coming under
the definition will remain as therefore under the condition of Rule 33(a).
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| (iii) | All
traders who register godowns or premises under (i) will pay the royalty
due on lac brought to such godowns or premises, other than lac covered by
certificate of origin within 7 days of its receipt and receive a storage
receipt for the amount.
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| (iv) |
Transit passes will be issued free on request
for export of lac against storage receipt issued under item (iii)
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| (v) |
The stock held in registered storage godowns or
premises is subject to check at any time by any Forest Officer and all
facilities etc. for such check must be given by the owners of registered
storage godowns or premises.
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Explanation:- On receipt of notice from
the Chief Conservator of Forest of any change in the rate of royalty for the
lac, the Forest forest Officer will immediately notify all Officers
concerned in whose charge lac is cultivated.
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| 34. |
The places mentioned in Appendix "C"
to these Rules, and as may from time to time by the Government shall be revenue Stations for the purpose of these Rules.
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Prescribed Revenue Stations. | |||
| 35. | (a) |
All forest produce in transit covered by a
permit or certificate of origin shall be taken to the nearest revenue Stations, Staffed by Government on the route of extraction except in cases provided for in Rule 36 by the person or person in charged of such forest produce and detained there for examination, measurement, or counting and marking, if necessary, by the Officer in Charge of the Revenue Station.
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Forest produce in transit to be detained at the nearest Revenue Station. | ||
| (b) |
In the case of forest produce in transit covered
by a permit or a certificate of origin and intended to be exported beyond
the area within which it has been collected, a transit pass as prescribed
hereinbefore, shall be obtained by the person in charge of such forest
produce from the duly authorised Forest officer-in-charge of a Revenue
station in exchange for the permit or the certificate of
origin and such forest produce shall not be booked or moved by rail, steamer
or boat unless covered by such transit pass. When the destination of such
forest produce is within the area the permit or certificate of origin shall
be endorsed by the duly authorized Officer in-charge of the Revenue stations
in token of full payment of all amounts due to government and such endorsed
permit or certificate of origin shall be deemed to be transit pass required
under these Rules Provided that it shall be within the power of the Officer
in-charge of a Revenue Station to refuse to grant a transit pass or endorse
a permit or a certificate of origin if he has reason to believe the permit
or the certificate of origin covering the forest produce to be false or if
full payment of all amounts due to govt. in respect of the forest produce
has not been made.
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| Permission of any forest produce in transit which are not taken to Revenue Station. | 36. | (A) |
Should the person or person in-charge of any
forest produce in transit desire to stop, land cut up, convert or utilize any
such produce before taking the same to a Revenue Station, he or they shall
obtain the permission in writing of the Officer in-charge of the nearest
Revenue Station. Such Officer shall if he deems fit, grant the permission,
proceed in respect of the forest produce as if it had been taken up by a
Revenue Station.
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| (b) |
A fee in lieu of the service rendered in the
course of transit as may be prescribed by the State government from time to
time shall be levied in respect of forest produce from private land covered
by a certificate of origin or in respect of forest produce covered by a
permit or in respect of forest produce of which full royalty has been paid.
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| Mode of payment of Royalty, etc. | 37. |
All amounts due to government whether as royalty
duty, or any other account in respect of any forest produce in transit shall
be paid in such manner as ordered by the Chief Conservator of Forest.
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| 38. |
All forest produce in transit may be stopped and
inspected at any place by any forest Officer and all person in-charge of such forest produce shall be bound to produce the permit, the certificate of origin or the transit pass covering such forest produce when called upon to do by the Forest Officer.
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Power of Forest Officer to inspect forest produce in transit. | |||
| 39. |
Except with the previous sanction in writing of
the Officer in-charge of the nearest revenue Station and under conditions imposed by the Chief Conservator of Forest with the approval of the Govt., no person shall establish or convert timber at a saw-mill or saw-pit within 15 miles from forest reserve. Such sanction or condition may, with the approval of the Chief Conservator of Forest, be rescinded or modified by Officer in-charge of the Revenue Station by giving six months' notice in writing .This Rule applies only to the established of regular saw-mills or saw-pits and does not apply to the casual sawing of trees grown on private land.
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Establishment of regular saw mill or saw-pit near reserved forest. |
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| 40 | (1) |
All traders wishing to transport timber (except
bamboo, brushwood and cane ) from the forest shall have their property marks registered in the office of the Chief Conservator of Forest in the manner hereinafter prescribed and all their timber in transit shall bear their registered property marks. No transit pass shall be issued for such timber in transit unless it bears a registered property mark.
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Registration of property marks and timber in transit to bear property marks. | ||
| (2) |
Merchants dealing in timber already bearing the
register property marks of the traders, who transported it from the forest, are not required to register property marks for use on such timber, provide that they can produce documentary evidence to prove that cultivators who buy a few trees dispose of the timber locally to regular traders.
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Explanation | |||
| 41. | (a) |
For the registration of a property mark written
application should be submitted to the Forest Officer concerned and a sketch of the proposed marks together with a written description and fee of Rs. 20.00 (Rupees twenty) only shall be sent the application.
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Fee for application for registration of property mark. | ||
| (b) |
A certificate in the form prescribed in Appendix
"D" shall be granted for the registration of property marks.
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| 42. |
The Chief Conservator of Forest may refuse to
register any property mark or cancel one already registered for any of the following reasons;- |
Power of the C.C.F to refuse registration of property mark. | |||
| (i) |
If he considers that the mark resembles to
closely any Government mark or any property mark previously registered in
favour of another person.
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| (ii) |
If the applicant or holder does not possess or
in the opinion of the Chief Conservator of Forest is not likely to possess timber requiring to be marked with a property mark.
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| (iii) |
If on account of a conviction for any Forest
offence or for any other reason which come to the Chief Conservator of Forest to be sufficient, the holder or applicant is not considered to be a fit person to be entrusted with such marks.
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| Prohibition of marking on timber in transit. | 43. |
No timber which is in transit or intended for
transit shall be marked, except with a registered property mark and no one shall supermark, alter or efface any mark on such timber and the possession or carrying of hammers or other implements used for the impression of marks which have not been registered in the manner hereinbefore prescribed is strictly prohibited . |
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| Booking or moving certain forest produce without a transit pass. | 44. |
The booking or moving of timber in logs or rough
hewn, sawn timber (except tea shooks), bamboos exceeding 100 in number, canes exceeding 100' in total length, charcoal exceeding 4 maunds, agar, elephant tusks and any other forest produce by rail, steamer or boat is prohibited unless such forest produce is accompanied by a transit pass issued under these Rules. |
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| Supply of facsimile of signature or stamp to all Revenue Stations. | 45. |
The Chief Conservator of Forests should satisfy
himself before registering the signature or stamp of an owner of private and
or his agent under Rule 33(a) (ii) of the Transit Rules that the applicant
owns land containing forest produce. A facsimile of the registered
signature or stamp should be supplied to all Revenue Stations.
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| Application for forms of certificate. | 46 | (1) |
A stock of forms of certificate of origin must
be kept at all Revenue Stations and should be issued freely to all
applications whose signature or stamps have been registered, charging 6
paise for 2 copies, unless the Officer in-charge has reason to believe that the applicant has no legitimate use of such forms.
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| (2) |
If the Officer in-charge of Revenue Station has
no sufficient reason to refuse to grant a transit pass in exchange for
certificate of origin or endorse such certificate under the provision of
Rule 35 of the transit rules, but is not satisfied that the certificate is
true, he should grant the transit pass or endorse the certificate and then
institute enquiries.
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| (3) |
It should be made widely known that person who
want to extract forest produce from private eland s must take out a
certificate of origin in the prescribed form and that copies of the form if
required, can be obtained from the nearest Revenue Station.
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| 47. |
A register should be maintained at each Revenue
Station showing the date of arrival of all consignments of forest procedure and the date of release and all other necessary particulars. A trader may submit a copy of arrival report of the consignment of forest produce giving the necessary details direct to the office of Chief Conservator of Forests. The Officer in-charge of the Revenue Station will countersign this copy. The Chief Conservator of Forests should make use of these reports to check the accuracy of the entries in the register.
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Register for all consignment of forest produce. | |||
| 48 | (1) |
No rafts shall travel at night. Between sunset
& sunrise every raft shall be moored close to the bank in a straight reach and two rafts shall be moored abreast.
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Movement of rafts. | ||
| (2) |
Every raft shall carry an anchor or a suitable
appliance at each end for checking progress. On a steamer approaching it, the raft shall straighten up and afford it a fair way.
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| (3) |
Every raft other than a small jungle raft or
bundle of bamboos shall show a riding light at night, provided that no light needs be shown when a raft is moored at recognized depot.
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| (4) |
The following are recognized depots for the
purpose of sub-rule(3): Jiribam Jirimukh Borobekra
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| (5) |
So far as circumstances permit, rafts must be
navigated at a distance apart of not less than half a mile.
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| (6) |
The
breach of any of the above rules will render the owner and crew of |
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| 49. |
All forest produce shall be moved by the
following routes only in the plains, from the hill area into the plains and from the plains to the hill: |
Routes of movement of forest produce in the plains and hill areas. | |||
| (1) | Imphal | ----Dimapur | |||
| (2) | Imphal | ---Moreh Road | |||
| (3) | Imphal | Ukhrul Road | |||
| (4) | Imphal | Tamenglong Road | |||
| (5) | Leimakhong | Pheidinga Road | |||
| (6) | Mongjam | Maibakhul Road | |||
| (7) | Imphal | Kangchup Road | |||
| (8) | Heingang | Lamlongei Road | |||
| (9) | Pangei | Pukhao Road | |||
| (10) | Pukhao | Sawombung Road | |||
| (11) | Imphal | Keithelmanbi Road | |||
| (12) | Imphal | Tiddim Road | |||
| (13) | Moirang | Sugnu Road | |||
| (14) | Kakching Khunjao | Sugnu Road | |||
| (15) | Pallel | Punlao Raod | |||
| (16) | Keirok |
Machi Road
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| Penalty | 50 | (1) |
Any person contravening any of the provisions of
these rules shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to five hundred rupees or
with both.
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| (2) |
Penalties which are double of those mentioned in sub-rule (1) of this rule may be inflicted in case where the offence is committed after sunset and before sunrise of after preparation for resistance to lawful authority or where the offender has been previously convicted of similar offence.
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Pass not be tampered with. |
51. | No alteration shall be made in any thing printed or written on any forest pass, except in the matter of route and period and this may only done by authorized officer for sufficient reason to be mentioned in the pass. | |||
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FOREST PRODUCE IMPORTED IN THE TERRITORY OF MANIPUR |
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| Foreign pass | 52. | All
forest produce imported into the territory of Manipur be covered by a
foreign pass to be registered.
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| Form, etc. of foreign pass must be registered in C.C.F's office. | 53. | Every foreign pass must be in form which, and must be signed by an official whose designation has been registered in the office of the Chief Conservator of Forests and every foreign property mark must be of a description which has been registered in the said office. | ||
| 54. | The
Divisional Forest Officer may, for reasons to be recorded in writing refuse register the specimen signature of any contractor or his agent |
Divisional Forest Officer may refuse to register signature. | ||
| 55. | Any
forest produce which is imported may be conveyed within the limits of Manipur territory as far as the first depot is established 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. |
Imported forest produce may be conveyed to first depot without a pass. | ||
| 56. | If the C.C.F shall direct, imported timber shall be moved beyond such first depot without first having stamped upon it a Government transit mark of such description as the C.C.F shall prescribe. | C.C.F may direct use of transit mark of imported timber. | ||
| 57. | Nothing in these shall be deemed to require or to have required the possession of a pass in cases where exemptions from such possession for enjoyment of certain privileges recognized by the Government have been granted before the passing of the rules. | Saving of recognized privileges. | ||
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FOREST DEPOTS |
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| 58. | The Chief Conservator of Forests may establish at such places as he shall think fit, depots to which forest shall be taken. | Depots and their purpose. | ||
| (a) | for examination previous to the grant of a pass in respect thereof under these rules, or | |||
| (b) | for determining the amount of money, if any payable on account thereof to Government and for the payment of any money so found to be cut; or | |||
| (c) |
in order that any mark required by law or by
these rules to be affixed thereto, may be so affixed. |
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| 59. |
The Chief Conservator of Forests shall, make
known from time to time by notification in the Manipur Gazette, and locally
in such manner as he deems fit the name and situation of each depot in the
Territory of Manipur. |
Situation of forest depots to be published. | ||
| 60. | Each depot shall be in-charge of an officer appointed by or under orders of the Chief Conservator of Forests without whose permission no forest produce shall be brought into, stored at or, removed from the depot. | Forest depots to be in-charge of an officer. | ||
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Vessels conveying forest produce by river to call at forest depot on banks. |
61. | The person in-charge of any vessel which carries forest produce on a river, on the banks of which one or more depots established under these rules are situated shall call and stop his vessel at every such depot which he has to pass, in order that the forest produce may be examined if necessary and the person in-charge of such vessel shall not proceed with such vessel past any such depot without permission of the forest officer in-charge of such depot. | ||
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PROPERTY AND TRANSIT MARKS |
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| Property and transit marks to be affixed to timber exceeding a certain size | 62. |
Except when it is the property of the Government
timber exceeding 12 inches in girth at the thickest part and 6 feet in
length shall not be moved from or within the territory of Manipur
unless it bears a distinguishable property marks of the owner of
such timber of description which has been registered in the office of the
Chief Conservator of Forest or Divisional Forest Officer and also if the
C.C.F, so directs unless it bears Government transit marks of such
description as shall from time to time be prescribed in this behalf by the
said C.C.F
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| Registration of forms of passes or marks | 63. |
The C.C.F or D.F.O on receipt of application for
registration of any form or mark shall enquire into the authenticity of the
same and if he sees no objection, shall on payment by the applicant of such
fees as shall from time to time be prescribed by the Government in this
behalf register such form or mark in his office, Each such registration will
hold good for a period of one year only except in cases of forms or marks of
foreign Government the registration of which shall hold good till they are
modified or replaced by the new forms or marks.
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| Government marks not to be imitated or effaced. | 64. | No person other than the Forest Officer whose duty is to use such marks shall use any property mark for timber identical with, or nearly resembling any Government transit mark, or any mark with which timber belonging to the Government is marked, and no person shall while any timber is in transit under a pass issued by any person or by the agent of any person authorized in this behalf alter or efface any mark on the same. | ||
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STOPPAGE IN TRANSIT |
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| Forest produce in transit may be stopped and examined by certain officers. | 65 | (1) |
Forest produce in transit may be stopped and examined in any place by any forest, police, revenue officer. If such officer shall have reasonable grounds for suspecting them any money which is due to the Government in respect thereof has not been paid or that any forest offence has been or is being committed in respect thereof: provided always that no such officer shall vexatiously or unnecessarily delay the transit of any forest produce which is lawfully in transit, no vexatiously or unnecessarily unload any such forest produce, or cause the same to be unloaded, for the purpose of examination.
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| (2) | The person in-charge of forest produce shall furnish to any such officer all the information which he is able to give regarding the same, and if he is removing the same under a pass shall produce such pass, on demand for inspection of such officer and shall not in any way prevent or resist the stoppage or examination of the said forest produce by such officer. | |||
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CONVERSION OF TIMBER
WITHIN ONE MILE OF FORESTS |
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| 66. |
Within the limits of any reserved or protected forests in-charge of
This rule does not apply to the ordinary operations of domestic carpentry or other similar work on small scale. |
Prohibiting conversion of timber within a mile of forest.
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EXCLUSION OF LOCAL AREAS
FROM APPLICATION OF RULES |
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| 67. | The Manipur Government may by notification in the official Gazette exempt from the operation of the rules contained in this chapter any local area specified in such notification. | Local areas to which the rule of this chapter are not applicable to be published. | ||