Assam Forest (Removal and storage of Forest Produce) Regulation Act, 2000
No: 12 Dated: Oct, 24 2000
THE ASSAM FOREST (REMOVAL AND STORAGE OF FOREST PRODUCE) REGULATION ACT, 2000
ASSAM ACT NO. XII OF 2000
An Act to regulate and control removal of forest produces outside the State of Assam and the setting up of or establishment of trading depot for forest produce and matters connected therewith.
It is hereby enacted in the Fifty-first Years of the Republic of India as follows :-
1. Short title extent and commencement. - (1) This Act may be called the Assam Forest (Removal and Storage of Forest Produce) Regulation Act, 2000.
(2) It shall extend to the whole of the State of Assam.
(3) It shall come into force at once.
2. Definition. - (1) In this Act, unless the context otherwise requires.
(a) "Competent authority" means such authority as the Government may, by notification, appoint for the purpose of exercising the powers or functions of a competent authority under this Act and Rules made thereunder, for the whole or any part of the State of Assam ;
(b) "Government" means the Government of the State of Assam ;
(c) "Prescribed" means prescribed by rules made under this Act ;
(d) "State" means the State of Assam ;
(e) "Trading Depot" means any place where forest produce is collected, stored or stocks for sale or conversion including shops and establishments for trading in forest produce.
(2) Words and expressions used, but not defined in this Act but defined in the Assam Forest Regulation, 1891 shall have the meaning assigned to them respectively in that Regulation.
3. Restriction on removal of Forest produce outside the State of Assam. - No person shall remove or cause to be removed from the State for the purpose of trade or otherwise any forest produce to any other place outside the State, and no trading depot for any forest produce shall be set up or established in the State without a licence issued therefor by the Competent authority.
4. Application for licence and the disposal. - (1) Every application for grant of licence under this Act shall be made to the competent authority in such form and on payment of such fee as may be prescribed.
(2) Every order granting or refusing licence under this Act shall be in writing, in such form as may be prescribed, and in case of refusal call the reasons therefor.
5. Licence fee and period of its validity. - (1) The fee payable for a licence granted under this Act, the conditions of the licence, the route or routes through which the forest produces are to be transported to a place outside the State, and the period of validity of the licence, shall be such as may be prescribed and shall be specified in the licence :
Provided that the licence fee, the conditions of the licence and the period of its validity may vary for different categories of forest produces :
Provided further that such period of validity shall not exceed twelve months at a time.
(2) The licence fee may be paid in such manner as may be prescribed.
(3) Every licence granted under this Act may be renewed immediately before the expiry of the period of its validity by the competent authority in such manner and on payment of such fees as may be prescribed :
Provided that the period of validity so extended together with the original period of validity shall not exceed twenty four months.
(4) The provision of Section 4 shall apply in case of an application for renewal under this Section.
6. Appeal. - Any person aggrieved by any order passed by the competent authority under Section 3 or Section 4 may within a period of sixty days from the date on which the order is communicated and on payment of such fee as may be prescribed, prefer an appeal to such authority as the Government may, by notification, appoint in this behalf and the order of such authority shall be final :
Provided that the appellate authority may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
7. Penalty. - Any person who contravence any of the provisions of Section 3 shall, on conviction, be punished with imprisonment which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and the Court trying the offence may further order that the forest produce in respect of which the offence was committed and the vessel or vehicle or animal with which the offence was committed, shall be confiscated to the Government.
Provided that in case of a second or subsequent offence under this Act, the fine shall be double the above amount.
8. Power to direct submission of report or return. - The competent authority may direct any person holding any licence under this Act to submit such report or return in such form and manner as may be prescribed.
9. Power to enter search, arrest and detain. - (1) Any Forest Officer not below the rank of Forester and any Police Officer not below the rank of Assistant Sub-Inspector of Police, who from his personal knowledge or information received, and after such enquiry as he may consider necessary, has reason to believe that any person has committed an offence under this Act, may -
(a) enter and search, at all reasonable times, any premises, land, vehicle or vessel in the occupation of such person ;
(b) required such person to produce for his inspection the licence or any other documents granted by the competent authority or any books of accounts or other documents that may have any bearing on such offence ;
(c) seize any timber in respect of which the offence was committed, any books of account or other documents relating to such timber and may also detain and seize any animal, vessel or vehicle with which the offence was committed.
(2) Any officer referred to in sub-section (1) may stop and detain any person committing an offence under this Act or abetting in the commission of such offence and such officer may arrest without warrant any such person :
Provided that the officer making such arrest may release any such person if he furnishes his name and address and otherwise satisfies such officer that he will duly answer any summons or other proceedings which may be taken against him.
10. Searches and arrest how to be made. - All searches and arrests under this Act shall be conducted and made in accordance with the procedure laid down in the Code of Criminal procedure, 1973 (2 of 1974).
11. Production of persons arrested and things seized. - Every person detained or arrested under any of the provisions of this Act, shall be taken by the officer referred to in Section 9 and produce before the nearest Magistrate having jurisdiction alongwith a report containing full particulars of the person arrested or articles seized and the circumstances under which the arrest or seizure was effected, within twenty four hours of such arrest or seizure, excluding of the time necessary for the actual journey from the place of arrest to the Court of the Magistrate.
12. Report of arrest and seizure. - Any Forest Officer or Police Officer making an arrest or seizure under this Act shall forthwith make a full report of all particulars of such arrest or seizure to his immediate superior officer.
13. Erection of Check Posts. - (1) The competent authority may after notification, in the Official Gazette, set up and erect in such manner as may be prescribed, check posts and barriers at any place in the State with a view to preventing the unlawful removal of forest produce from the State to any place outside the State.
(2) Every person transporting forest produce before crossing such a check post or barrier shall produce before the officer-in-charge of the check post or barrier such documents as may be demanded.
(3) The Officer-in-charge of the check post or barrier for the purpose of satisfying himself that the provisions of this Act and the Rules made thereunder are not being contravened or intercept may detain and search any animal, vehicle or vessel.