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The Orissa Timber
and Other Forest Produce
Transit Rules, 1980
(1st February, 1980)
S.R.O. No. 165/89 - In axerecise of the powers
conferred by sections 45 and 46 of the Orissa Forest Act 1972
(Orissa Act 14 of 1972 the State Govt. hereby make the following
Rule to regularte the transit of timber and other forest produce
namely :
1. Short Title and Commencement -
(1) These Rules may be calleds The Orissa
Timber and Other
Forest Produce Transit Rule 1980.
(2.) They shall come into force on the date of their publication
the official Gazette.
2. Difinitions -
(1) In these Rules , unless the context
otherwise requires-
(a) Act means the Orissa Forest Act. 1972 (Orissa Act 14
1972)
(b) Contract area means covered by a forest contract.
(c) Checking Station means any place specified in this behalf
to be a checking station and noti fied by the Divisioal
Forest Officer in the official gazette.
(d) Fire Wood means wood which is unfit for any purpose
other than fuel.
(e) Foreign transit permit means a permit issued by a competeorn
authority of another state or Union territory for movement
or forest produce originated originated from that State
or Union territiory.
(f) Foset Contract means a contract whereby Government agree
to sell and the purchaser agree to buy the forest produce
under the Orissa Forest Contract Rules .
(g) Form means form appended to these rules.
(h) Minor Forest Produce means forest produce other than
timber, fire-wood, charcoal and bamboos
(i) Schedule means the schedule appended to these rules.
(2) All words and expressions used but not defined in these
rules shall have meaning respectively assigned to them in
the Act.
3. Routes -
(1) Land routes : The Chief Conservator
of Forests shall notify from time to time in official gazette,
the routes , in the States of Orissa through which forest
produce may be imported, exported, or moved into from or
within the State .
(2) Water routes :(a) The rivers and their banks as specified
in Schedule I shall be available for
transport of forest produce.
(b) No person shall cause any diversion to the water routes
or cause obstruction in the channels or on banks of the
river specified Schedule I.
(c) The Collector of the district shall have the power to
order the removal of any obstruction on the
banks or the channels or destruction of unauthorised diversions
of any river specified in Schedule I and to recover the
cost thereof from the persons of person responsible for
such obstruction or diversion.
(d) The Divisional Forest Officer shall notify in the Official
Gazette the names of places on the river
banks selected by him as checking stations.
4. Transit Permits -Except as provided in
Rule 5, all forest produce in transit by land, land, rail
or
water shall be covered by a permit hereinafter called the
"Transit Permit" to be issued freed of cost by the
Divisional Forest Officer or by Assistant Conservator of Forest
authorised by him in that behalf :
Provided that the Range Officer or a Forester
when duly authorised in that behalf by the Divisional
Forest Officer may issue transit permit in cases where no
verification at the stump site is necessary:
Provided further that in respect of a minor
forest produce colleted by the Orissa State Tribal Development
Co-operative Corporation Ltd. a Branch Manager or a Divisional
Manager and in respect of tassar cocons collected by the State
Tassar Co Operative Society Ltd. Orissa, the Assistant Director
of Sericulture can issue transit permits :
" Provided also that the removal of timber
and firewood obtained from trees (excluding those species
mentioned in Schedule -II ) up to two hundred and fifty in
number raised in "Farm Forestry" or " Forest
farming for the Rural Poor" plantations under the Orissa
Social Forestry Project, the Range Officer may issue the transit
permit".
NOTES
Rule 4-Rule 4 is not by itself a penal provision-
The penal provision is Rule 21-1989 (II) OLR-
P-124.
Rule 4 12 and 21 Mill owner having logs without transit permit-
Independent seizure withness turns hostile - Exudence of departmental
witnesses to be relied upon 71 (1991) CLT 128
5. Cases in which Permit shall not be required
-
(1) No transit permit shall be required
to cover transit of forest produce in the following cases,
namely:
(a) For the transit from the contract area of forest produce
purchased by the Orissa forest Contract Rules and duly covered
by a coupe permit :
(b) for the transit of forest produce whose removal is covered
by Forest Department permits :
(c) for the transit of minerals leased out under the Mineral
Concession Rules;
(d) for the transport of [Bamboo] timber and firewood bearing
Orissa Forest Departments hammer mark wher removal covered
by depot permit ;
(e) for removal of forest produce other than timber bamboos
and minerals of any description required by transits,having
recognised rights under any law in force for thir bona fide
domestic use but not for trade or barter subject to the
condition that tribals can transport or possess upto fifty
Kgs. of tanarind and ten bundles of hill brcoms without
transit permit.
(f) for timbers not grown in India:
(g) for timber that is cut or fashioned othrwise than is
usually dine before timber is removed from the forests or
the sawmills and saw pits;
(h) for fire wood not exceeding one head load ;
(i) for transport of minor forest produce within the district
except lac, tassar, myrabolan, gums and root of patalagaruda,
sal seed, tamarind and hill brooms, subject to such limit
of transport and storage without transit permit as may be
notified by State Government in Official Gazette for different
items;
["(j) for transit of timber and firewood obtained from
those species mentioned in Schedule-III in the areas mentioned
against each"
(2) When any forest produce removed by permits
referred to in Clauuses (a), (b) and (d) of Sub-
rule (1), are unloaded at their destinations, they cannot
be transported under the authority of the said permits unless
transit permits are obtained under Rule 4.
6. Form of permit - The transit permit shall
be in Form No. 1.
7. Application for Permit and order thereon
-
(1) Persons desiring to remove forest produce
undrer Rule 4 shall apply for transit permit to the Forest
Officer having jurisdiction in Form II or III as the case
may be, together with the declaration and undertaking as
embodied therein.
["(1-A) . Person who have raised "Farm Forestry"
Plantations under the Social Forestry Project or beneficiaries
under the "Forest Fardming for the Rural Poor "
component of the said project desiring to remove forest
produce obtained from trees (excluding those mentioned in
Schedule-II) up to two ............................. and
fifty in number under Rule 4 shsll apply for transit permit
to the Range Officer having jurisdiction in Form -II or
Form III as the case may be together with the declaration
and undertaking as embodied thernin and a certificaete from
the concerned Range Officer (Social Forestry Supervisor
) of the Project in the following form;
"Certified that the details mentioned in the application
have been verified with the concerned revenue records and
other relevant documents and I have found these to be correct.
Accordingly, I recommend for issue of Transit permit in
favour of the applicant .
Signature
Name
Full designatin"
(2) On receipt of application, the Forest
Officer having jurisdictin shall cause an enquiry, where
necessary in the manner prescribed hereinafter, before issue
or refusal of transit permit.
[" Provided that no enquiry may be necessary in cases
mentioned In Sub-rule (1-A) if the certificate as require
in the said sub-rule is furnished alongwith the application".]
(3) An appeal may be preferred against
the order of refusal passed by the Forest Officer under
Sub-rule (2) within thirty days from the date of receipt
of the order, before the Conservator of Forest of that Circle,
if the order appealed against is that of the Divisional
Forest Officer or before the Divisional Forest Officer of
that Division, if the order Officer or the Forester , and
the decision of the appellate authority in the matter shall
be final.
(4) In the case of an application for removal
of forest produce from one's own private holding for bona
fide domestic use, if no order is passed either refusing
or granting the permit within fourty-five days of the receipt
of the application, the applicant shall be at liberty to
file a representation before the Conservator of Forests
of that circle who shall pass order within sixty days of
sthe date of receipt of such representation and such order
shall be final.
(5) All orders refusing to grant transit
permit shall be in writing and shall state the reasons,
of the refusal and shall be communicated to the applicant.
(6) Any person who furnishes incorrect information
or false declaration in Form II Form III shall be deemed
to have contravenecd the provisions of these rules .
(7) Acceptance of the declaration of the
applicant by the Forest Officer shall be deemed to be an
act done in goodfaith.
(8) In case of application for removal of
timber, firewood and bamboos from private holding and in
case of applications of purchasers or timber, firewood and
bamboos from such holdings, the following provisions shall
apply, namely ;
(a) When required by the Divisional Forest
Officer or the Assistant Conservator of Forests duly authorised
in that behalf the applicant shall bear the services of
an Amin from Tahasil Office for joint verification by Revenue
and Forest Officials of plots and trees and bamboos mentioned
in the application for transit permit filed by him .
(b) On completion of such joint verification
, if no discrepancies are noticed in the field, the Divisional
Forest Officer may direct the applicant to submit a list
of conversion of trees and bamboos felled and converted
by him over those plots in triplicate, and ato put the facsimile
of his reistered property mark on either ends of all timber
including round wood billets .
(c) On receipt of conversion list, the Divisional
Forest Officer shall get it verified and shall get the timber
including found-wood-billets branded with the Forest Department
hammer mark bearing the letters P.f.
(d) After the conversion list has been verified
in the field and timber including round-wood-billets branded
with the hammer marks as referred to in Clause (c) the Divisional
Forest Officer shall issue the transit permit in Form I
.
"(e) In cases mentined in Sub-rule
(1A), the convesion lists shall be submitted along with
the application in triplicate, after branding the timber,
including round and roughdressed wood billet. with the hammer
registered for the purpose to the Divisional Forest Officer
by the concerned Range Officer (Social Forestry Supervisor
) of the project, who shall record his certificate of verification
authenticating the conversion lists concerned".
NOTE
Rules 7 & 8 - If the timber is private
timber the concerned officer of Forest should grant permit
free of cost expeditiously after due enquiry - The rules are
never meant for opperssion of owners of timber - Rules must
be atteded to with reasonable speed otherwise it will be detrimental
to the interest as well as property of the owner -1986 (2)
OLR-P. 632.
The very porpose of the rule and of the enquiry
before the transit permit in granted, is apparently to make
sure that timber sought to be removed is private timber or
bamboo clandestinely contemplated to be utilised as a means
of oppression of the owners of the timber so as to keep it
hanging like a Damocles's sword over them ready to fall at
the slightest ill humour -68 (1987) CLT179.
8. Depot Permit -The Divisional Forest Officer
may from time ot time notify the places other than rail heads,
river banks, saw-maills and factory premises, wherefrom owners
having depots of [ Bamboo, timber, firewood ] bearing Forest
Department hammer marks [may remove such materials ] by using
permits called, "depot permits issued perviously by or
with the permission of the Divisional Forest Officer.
9.From the Depot Permit - "Depot permit"
shall be in form permits shall be in triplicate and bound
in books shall be serially. Before issue each page of the
books shall be rubber stamped with the name of the produce
[BAMBOO TIMBER or FIRE WOOD] as the case may be, for which
it shall be used.
10. Conditions Regulating use of Depot permits
- An own of the depot to whom permission is given under Rule
8 shall abide by following conditions, namely:
(a.) he shall pay security deposit duly
pledged to the ....... Divisional Forest Officer at 5 percent
of the market value of the maximum quantity [ of timber
or bamboo or wood of all of these three major forest produces
he may store at any time subject t a minimum of .......one
thousand for the due observance of the provision these rules
:
[" Provided that the Chief Conservator of Forest ............
exempt wholly or party any Government Department any State
owned undertaking or Corporation or any operative Society
from payment of security deposit ..................... bed
under this rule".
(b) he shall not bring or store at his depot
any forest produce other than [bamboo or firewood ]
(i) Which do not bear the Forest Department
hammer mark ;
(ii) Which are not checked on route ; and
(iii) Whose transit from the source of collection
or origin up the depot is not covered by permit issued under
Rule - depot permit under Rule 8.
(c) The permits referred to in Clause (b)
shall be retained by upto six months from the date of complete
disposal removal from the depot of all the forest produce
brought under such permits and shall be produced for inspection
within that period on demand by a Forest Officer having
jurisdiction.
(d) He shall not remove from the depot any timber or firewood
unless accompanied by a depot permit signed by himself or
by his autorised agent approved by the Divisional Forest
Offecer .
(e) He shall obtain the depot permits on
payment from the Range Officer in whose jurisdiction the
depot is located. Each depot Permit shall bear the Official
seal of the Divisional Forest Officer of the Division.
(f) He or his authorised as the case may
be, shall issue the original permit to the person removing
the forest produce and send the first carbon copy to the
Range Officer hving jurisdiction on the same day of issue
of the permit and retain the second carbon copy in the book
as a counter foil- All corrections or rewritings shall be
duly attested by the person issuing the depot permits.
(g) He shall return the permit book as soon
as it is completely used up or after the forest produce
for the removal of which, the permit book was issued, is
disposed of whichever is earlier and no cancellation of
the permission under Rule 11, all partially used permit
books shall be returned to the Range Officer and receipt
obtained to this effect from him.
(h) He shall at the times allow Forest Officer
having jurisdiction over the area to inspect the premises
and the [ bamboo or timber or firewood ] for which permission
is granted under Rule 8 and shall produce the permits referred
to in Clause (b) for inspection on demand by the officer
.
(i) He shall maintain a register in Form
V showing correct accout of the [bamboo, timber and firewood]
brought to with reference to the transit permite or the
coupe permits concerned and removed from the depot, and
such register of accounts shall be open to inspection at
any time by the Divisional Forest Officer or any Forest
Officer duly authorised in this behalf by the Divisional
Forest Officer.
(j) He shall be subject to the general supervision
of the Divisional Forest Officer in respect of issue of
depot permits and the quantity of [bamboos or firewood or
timber ] covered by each and the Divisional Forest Officer
may pass written order to regulate the manner in which such
permits shall written and may vary suc regulations.
(k) The permit book issued a particular
forest produce shall be used only for that produce whether
for [bamboo timber or firewood ]. The permit book is not
transferance and shall only be used by the person to whom
it is issue or by his authorised agent .
11. In case of contravention of any of the
provisions of Rule by any person who has been permitted by
the Divisional Forest Officer use depot permit, such permission
is liable to to be cancelled and security deposit paid by
such perosn may, in whole or in part, be forfeits by teh Divisional
Forest Officer without prejudice to any action that may be
taken against him under Rule 21
Provided that before the order of forfeiture
is passed, the owner the depot shall be given a reasonable
opportunity of being heard.
12. Retention of Transit Permit - Any person,
to ........... a transit permit is issued under these rule
shall be bound to follow the direction given in the transit
permit and to retain it with him so as the forest produce
covered by the transit permit , remain in possession and to
produce it for inspection at any time before it is posed of
if and when acquired by any Forest Officer not below the......
of a Forester .
13. Checking of Transit Permit -
(1) Forest produce transit by land, rail
or water is liable to inspection by any Forest Office Officer
not below the rank of Sub Inspector or by a Revenue Officer
not below the rank of a Tahasildar or by the Divisional
Manager of the Orissa Tribal Development Co-opertive Society
Ltd. or by Assistant Director of Sericulture of the State
Tassar Co-operative .......... Ltd. Orissa for formal prosecution
and handing over the cases to Forest Officer and the transit
permits shall be produced on demand ................. any
such officer. All boats, carts , vehicle or other means
of convey........... used for transportation of such forest
produce shall be stoped by person in charge under demand
by any such officer who may open and search any baggage
or other things in the possession of such person or transported
in the same conveyance, where there are reasonable grounds
for believing that an offence under the Act or these has
been committed.
(2) It shall be incumbet on the person transporting
forest produce to persent the transit the transit permit
or depot permit or Forest Department permit for examination
at such checking stations may be notified by the Dividsional
Forest Officer of the Division in the Official Gazette.
It will be illegal to take any forest produce by a route
such avoids any route at which a checking station has been
established
(3) Checking station shall remain closed
from 10pm to 5 am forest produce shallpass a checking station
when it is closed between these hours except with the pervious
permission in writing of the Divisional Forest Officer,
in whose jurisdiction the checking station.................
Provided that checking stations on National
Highways shall remain open throughout the say and night
(4) As soon as the forest peoduce has been
checked and found correct the concerned permit under the
authority of which the forest produce is carried, shall
be enodorsed by the Forest Officer in charge the checking
station under his signature and date with the word "CHECKED"
.When timber and round- wood billets are checked at the
checking station the Forest Officer shall brand the exposed
ends of the timber and billets with Forest Department hammer
marks. If the forest produce or description given in the
transit permit and the timber and round wood billets do
not bear the Orissa Forest Department hammer mark and the
owner's registered property maeks as required under Rule
14 the forest produce shall be liable for seizure If the
forest produce is less than the quantity stated in the transit
pemit the said permit shall not be used again to cover the
deficit.
Note - All Forest produce shall be liable
to unliaded for proper checking. If so required by the checking
officer not below the rank of a Forester .
14. Manner and Property Mark -
(1) Subject to sub-rule (1) of Rule 15 all
timbers including round wood billets of and above sixty
Cm.mid-girth and ninety Cm. length which are also fit for
purposes other than fire-wood.While on transit should bear
the orissa. Forest Department hammer mark and registered
roerty mark of the owner.
(2) When the ownership of timber and round
wood billets of the specifications mentioned in sub rule
(1) above is changed. it shall be indicated by a fresh registered
mark,if not,it will be sufficient if it bears the registered
property mark of the original owner provided that the transferee
can prove by production of receipts that he is in the legal
possession of such produce.
15. Registration of property Mark -
(1) All property mark shall be registered
in the office of the Divisional Forest officer of the Division
from whose jurisdiction the timber,incliding round woodbillets,move
and shall be subject to the previous approval of the said
Forest Officer, provided that if the timber including the
round billets are moved within the jurisdiction of more
than one Forest Division, it shall suffice Officer of the
Division, from whose jurisdinction the timber including
round wood billets first move:
Provide that sufficient copies of facsimiles
of such property mark are sent to the Divisional Forest
Officer under whose jurisdiction the timber and round wood
billets pass.
(2) Application for registration of property
mark shall give particulars of the origin of the timber
including round-billets, the aproximate quantity to be removed,
the destination and the route by which it will be transported
and shall be acompanied by the facsimiles of the mark to
be registered .
Note- This Sub-rule does not apply to forest contractors
while transporting timber and firewood from their contract
areas for which separate provision exists.
(3) The fee for registration or renewal
of registration of property mark shall be rupees five for
the period upto the year ending 31st july and rupees ten
for any period upto three years thereafter ending 31st july.
16. Checking of Timber raft in Route- Each
timber raft floated ina river shall bear the orissa Department
hammer mark and registered property mark on either ends of
the logs and also on the upper surface of each log in the
raft to facilitate checking in route .
17. Import of Forest Produce from outside
- All forest produce inported into the State of Orissa shall
be covered by atransit pemit issued by the Divisional Forest
Officer of the Division from which the forest produce is exportedand
in case of timber including round wood billets it should bear
the checking hammer impression of the exporting State and
the registered property mark of the owner of the produce under
Rule 18 below.
18. Registration-Fee for Import of Forest
Produce- The property mark for all cases referred to in Rule
17 above should be registered in the offfice of the Divisional
Forest Officer of the Division through which the timber amd
round wood billets shall move at the first instance, on payment
of registration fee of rupees ten for one year.
19. Foreign Transit Permit -Any forest produce
imported into the State of Orissa may be transported under
Foreign Transit Permit within the limit of the State of Orissa
subject to the following conditions namely:
(a) In case of transport by road upto first
checking station in the boarder.
(b) In case of transport by rail upto railway depot of the
destination railway station .
(c) In case of transport by sea upto the limits of the destination
port area and
(d) In case of transport by air upto limit of destination
air port.
20. Isue of fresh Transit permit in lieu of
Foreign Transit Permit-
(1) When forest produce is sought to be
remoeved from the area mentioned in Rule 19 the Divisional
Forest Officer of the Division in which the area lies shall
on the foreign transit permit after necessary verification
for movement of the produce within the State of Orissa.
(2) Certified copies of the form in which
transit permit is issued by the exporting Divisional Forest
Officer along with the certified inprissions of the seal
under which the transit permits will be issued, shall be
sent to the Division Forest Officer mentioned in Rule 17
for records.
21. penalties - Whoever contravenes any of
the provisions of these rules shall be punished with imprisonment
for a term which may extend to one year or with fine which
amy extend to rupees one thousand or with both:
Provided that double the amount of penalty
as aforesaid may be inflicted in cases where the offence is
committed after 10 p.m. and before 5 p.m. or after making
preparation for resistance ot lawful authority or where the
offender has been previously convicted for a similar offence.
Rule 21 - Commission of offence under the
Transit Rules-Punishable under Rule21 -1989(II) OLR 124 .
Rule 21 -Vehicle carying timber seized by
polece and reported to the Magistrate and criminal case institued-
Magistrate has power to release the vehicle (Orissa Forest
Act, 1972 Section)- 1983 (1) OCR 450.
22. Savings and Repeals -
(1) The orissa Timber and other Forest produce
Transit Rules, 1967 and Transit Rules framed under the Madras
Forest Act, 1882 (hereinafter Called the said Rules) in
their applocation to the State of Orissa are hereby repealed,
with effect from the date these rules come into force.
(2) Notwithstanding such repeals all acts
done, proceedings taken and orders issued, under the said
rules , before the commencement of these rules, shall continue
to have force and effect as if these rules have not come
into force.
SCHEDULE I
[vide Rule3 (2) (a)
Name of rivers
Mahanadi, Kathjori, Kuakhai, Bhargavi, Brahmani, Ramial, Tikirial,
Maku Nalla, Jautuk, Gohira, Samakoi, Baitarani, Salandi, Kusal,
Kusal , Budhabalang, Sona, Gangadhar, Deo Jambhira, Tel, Baghanadi,
Salunki, Mahuani, Ib, Aung, Tanta, Jira, Kharasrote, Devi,
Vansadhara, Rusikulya, Sileru, Saberi, Nagavati, Indravati,
Kulab, Machikunda with all its branches and tributaries.
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