The ARUNACHAL PRADESH FOREST (REMOVAL OF TIMBER) REGULATION ACT, 1983, (Act No. 5 of 1983)

22 THE ARUNACHAL PRADESH FOREST (REMOVAL OF TIMBER) REGULATION ACT, 1983, (Act No. 5 of 1983) AN ACT to regulate and control removal of timber outside the Union territory of Arunachal Pra- desh and matters connected therewith. Be it enacted by the Legislature of Arun- achal Pradesh in the Thirty-fourth Year of the Republic of India as follows :- 1. (1) This Act may be called the Arunachal Short title, extent Pradesh Forest (Removal of Timber) Regula- and commence- tion Act, 1983. ment. (2) It shail extend to the whole of Arun- achal Pradesh. (3) It shall come into force at once 2. (1) In this Act, unless the eontext otherwise Definitions requires,- (a) "competent authorlty" means such authority as the Government may, by notification, appoint for the purpose of exercising the powers and functions of a competent authority under this Act and rules made thereunder, for the whole or any part of Arunachal Pradesh ; (b) "Government" means the Government of the Union ieritory of Arunachal Pradesh ; (c) "prescribed" means prescribed by rules made under this Act ; (d) "state" means the Union teffitory of Arunachal Pradesh ; (e) "timber" means trees when they have fallen or have been felled and logged but does not include trees and logs upto 60 cm mid girth and I metre length. (2) Words and expressions used, but not defined in this Act and defined in the Assam Forest Regulation, 1891 as applied in Anrnachal Pradesh shall have the meanings respectively assigned to them in that Regulation. 3 No person shall remove or cause to be Restriction on removed from the state for the purpose removal oI timber of trade or otherwise, any timber to out side Arun- any other place outside the state, and no achal Pradeslr- trading depot shall be set up or esta- blGhed in the state at any place without a licence from the competent authority. 4. (1) Every application for grant of licence Application for under this Act shal] be made to the com- Iicence and its petent authority in such form and on disposal. payment of such lee as may be pres- cribed. (2) Every order granting or refusing a Iicence under this Act shall be in writing, and in case of refusal shail contain reasons therefore. 5. (1) The fee payable for a licence granted Licence fee snd under this Act, the conditions of the period of its licence, the route or routes through validity. which the timber 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 timber : 24 Provided further that such Period shall not exceed twelve months at a time and the amount of fee lor period shall not exceed one thousand rupees. (2) The licence {ee shall be paid in such manner as may be prescribed. this (3) Every licence granted under Act may be renewed on the expiry of the period of its validity by the competent authority in such manner and on pay- ment ol such fees as may be prescribed. (4) The pro\,isions of section 4 shall apply in case of an application lor renerval under this section. 6 Any person aggrieved by any order passed Appeai. by the competent authority under section 3 or section 4 may, within a period of sixty days from the date the order is communicated and on payment of such fee not exceeding fifty rupees, prefer an appeal to such authority as the Govern- ment may, by notification, appoint in this behalf and the order of such autho- rity shall be final : Provided that the appellate authority may entertain an appeal alter the expiry of the said period of sixty days if it is satisfied that the appellant was preven- ted by sumcient cause from flling the appeal in time. 7. Any person who contravenes any of the Penalty provisions of section 3, shall, on convic- tion, be punished with imprisonment which may extent to one year, or with fine which may extend to two thousand rupees, or with both, and the Court try- ing the offence may fnrther order that the timber in respect of which the olfence was committed and the vessels, vehicle or animal with which the offence was committed, shall be confiscated to the Government. to L The competent authority may direct any Power direct person holding any licence under this submission of Act to submit such report or returns report or returtr and in such form and manner as may be prescribed. to 9. (1) Any Forest Officer not below the rank Power enter, of Forest Ranger and any Police Officer search, arrest not below the rank of Sr"tb-Inspector ol and detain- Police, who, from his personal lctow- Iedge or from 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) require such person to produce for his inspection the licence or any other documents granted by the competent authority or any books of account or other document that may have any bearing on such offence ; (c) seize any tirnber in respect of which the offence was committed and 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 commi- an this tting offence under Act or 26 abetting in the commlssion of such offence and such officer may arrest with- out warrant any such Person: Provided that the O(ficer making such arrest may release any such person if he Iurnishes his name and address and that otherwise satisfies such Officer he will duly answer any sururons or other proceedings which may be taken against him. 10. Al1 search and arrests under this Act Searches shall be conductecl and made in accor- ultl,u-I"- dance with the procedure laid dorm t" tnf,. J;i.t.' 2 of 1974 the Code of Criminal Procedure, 19?3. 11. Every person detained or arrested under Production u.,y oI-th" provisions of this Act sha[ :f- I.c::ons be t.ken by the officer referred to a lltJtl;Tr*t section I and produccd be{ore the nearestseized. - Magistratehaving iurisdiction along with a report containing full particulars of the person arrested or articles seized and the circurnstances under v/hich the arrest or seizure rvas a{fected, within twenty-four hours of such arrest or seizure exclusive oI the time necessary for the actual journey from the place of arrest to the Court of the Magistrate. t2 Any Forest Officer or Police Officer Report of making an arrest or seizure under this ]lesl^and Act shall forthwith make a fulI ."po.t telture' of aII the particulars of such arrest or seizure to his immediate superior Officer. 13. (1) The Government may, alter notification Erection in the Offlcial Gazette, set up and erect, ofcheck- in such manner as may be prescribed, Posls' check-posts and barriers at any place in the state with a view to preventing the 27 unlawful removal or transportation from the state of timber to any place outside the state. (2) Every person transporting timber shall at any check-post or barrier referred to iI sub-section (1) and before crossing such check-post or barrier produce before the Officer incharge of the check- post or barrier such document as may be prescribed. (3) The Officer-in-charge of the check-post or barrier may, for the purpose of satis- Iying himself that the provisions of tl}is Act and the rules made thereunder are not being contravened, intercept, detain and search any anlmal, vehicl,e or vessel. 14. Whoever Penalty for refu- - (i) wilfully refuses or is unable to pro- sal to produce duce licence or document or wiifully things or furnish refuses or fails to give such informa- informatidl. tion which, under the provisions of this Act or the rules made thereun- der he is required to produce or to give, or otherwise furnishes infor- mation which he knows or believes to be false or doEs not believe to be true, or (ii) forcibiy resists auest or attempts to evade arrest or obstructs any Forest Officer or Police Officer to enter or search or to affect arrest or seizure under the powers confered by this Act or the rules made thereunder, shall be guilty oI an olfence r.rnder this Act, and he shall, on conviction, be punished with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to six months or with both. 15. (1) Any Officer duly authorised by the Power to com- pound Government in this behall may accept offence. from any person against whom a reasonable sltspicion exists that he has cornmi.tted any olfence punishable under this Act, sueh sum of moneY as may be prescribed, by way of composi- tion of the offence which such person is suspected to have committed (2) On payment of such sum of money to the Officer mentioned in sub-section (1), the suspected person, if in custodY, shall be discharged and no other pro- ceeding shall be taken against him in respect of the olfence compounded (3) The provisions of this section shall apply also where a prosecution or an appeal against conviction of o{fence under this Act is pending before a court and in of such a case, the composition such oftence shall have the effect of the acquittal of the accused with whom an offence has been compounded : Provided that the court before whom such prosecution or appeal is pending grants permission for such composition' 16. No Court shall take cognizance of any When Court to offence under this Act,- take cognizance of offence. (1) except on the complaint made by an omcer authorised by the Government in this behalf ; and (2) unless the prosecution is instituted within six months lrom the date on which the offence is alleged to have been committed. 17. No suit shatl be brought in any civil court Bar of suit in Civil to set aside or modiiy any order made Courts. under this Act. 18. No suit, prosecution or legal proceeding Suit, etc. against shall lie against any authority, officer or authority, Ofr- person for an]'thing which is in good faith cers or persons done or intended to be done under this Act. acting in good faith. or 19. Every person or officer, appointed under, Officer and person exercisiag any power confered by and to be public under this Act shall be deemed to be a servant. public servant within the meaning of section 21 oI the Indian Penal Code. 20. The provisions of this Act shall be in addi- Effect oI other tion to, and not in derogation of, the provi- laws. sions oI the Assam Forest Regulation, l89l as applied in Arunachal Pradesh or the rules made thereunder. 21. The provisions oI this Act shall not appiy E:<emption to removal of timber to a place outside Arunachal Pradesh by or on behalf of the Government lmder the provisions of the Assam Forest Regulation, 1891. 22. (i) The Government may, by notiflcation, Pov/er to make make rules for carrying out the purposes of rules. this Act. (2) In particular and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, narnely :- (a) the form and conditions of licence under section 3 and section 5 and the fees payable therelore ; (b) the form and manner in which appli- cation for licence under section 4 may be made and the lees payable theretore ; (c) the fees payable for appeal under section 6 ; 30 (d) the form of register, report or return to be maintained and submitted bY the licensee ; (e) the conditions for storing, stocking and the manner of making the timber to be removed to a Place outside the state ; (f) the manner in which the inspection of timber and of documents main- tained by li.censee shail be carried out ; (g) the routes by which the timber shall be transported to a place outside the state ; (h) the terms and conditions for setting up or establishment of trading depot ; (i) the manner in which the right of access to documents and the right to entry conferred bY section 9 maY be exercised ; (j) the manner in which a check-post or barrier may be set uP and erected and the form of document under section 13 ; (k) the procedure and manner for pay- ment of fees under this Act and of composition money under section 15 and the amount of comPosition PaY- able for composition of offence under section 15 ; (]) any other matter which is to be or may be prescribed. NOTE Published in the Arunachai Pradesh Gazette, Extraordinary, No 253, Vol. II, dated May 24' 1983.