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Andhra Pradesh Forest Produce Transit Rules, 1970

Andhra Pradesh Forest Produce Transit Rules, 1970

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In exercise of the powers conferred by section 29 read with sub-section (1) of section 68 of the Andhra Pradesh Forest Act, 1967 (Andhra Pradesh Act No. 1 of 1967) and in supersession of all existing rules on the subject made under any of the Acts repealed by section 72 of the Act, aforesaid the Governor of Andhra Pradesh hereby makes the following rules to regulate the movement of forest produce in the State of Andhra Pradesh.

  1. These Rules shall be called the Andhra Pradesh Forest Produce Transit Rules, 1970.
  2. In these rules:-

(1) [x x x x x x x]

(2) "Firewood" means all timber below 25 cms. in girth at its thickest end and one meter in length.

(3) "Forest produce in transit" includes forest produce found stored in any place or in the margin of any public road or cart track or food-path whether or not loaded in carts or other vehicles [xxxxxx] and forest produce found in any river, canal or water course whether in rafts or not.

(4) "Form" means appended to these rules.

  1. No forest produce shall be moved into or from or within the State by land or water, unless such produce is accompanied by a permit therefor issued under Rule 5 and produced for check immediately on demand:

Provided that where the forest produce is imported into the State from any other State it is enough if such produce is accompanied by a permit issued by the Government of the State from where such produce is imported and the said permit shall be valid only for the transport of such produce, such quantity and the destination specified therein.

  1. Timber exceeding 25 cms. in girth at its thickest part and one meter in length, except timber sawn into sizes shall not be moved into or from or within the State of Andhra Pradesh, unless such timber bears a distinguishable Government transit mark of such description as mentioned in the permit authorising the transit thereof accompanying the said timber.
  2. (1) The Divisional Forest Officer or an Officer or person duly authorised by him in this behalf shall, subject to the provisions of the rules, [issue a permit in Form-I in respect of forest produce to be removed from the forest areas or Government Timber Depots, and in Form-II in all other cases.] The Divisional Forest Officer may refuse to issue such permits, if he has any doubt either of ownership or the existence of forest produce itself and, may withhold the issue of transit permits till it is proved to his satisfaction that the forest produce that exists lawfully belongs to the applicant.

(2) The Divisional Forest Officer may satisfy himself about the presence of forest produce to be removed and shall determine the number of permits required, keeping in view the estimated quantity of the forest produce.

(3) The Divisional Forest Officer may, for the purpose of issue of permits in Form-II for the forest produce to be removed from private lands, ascertain about the rights and titles over the forest produce from such Rvenue Officer of the district, as may be specified by the Conservator of Forests.

Explanation : - A certificate issued by the Revenue Officer or other authorised person in the form prescribed by the concerned Conservator of Forests shall be considered as conclusive evidence of the rights and titles of individuals over the tree growth.

(4) The permit authorising the transport of forest produce in lorries or railway wagons etc., and the like shall be super scribed clearly by the words "Transport by lorry" "Transport by wagon", "Transport by cart" etc., and the like as the case may be depending on the mode of conveyance used for transport.

(5) For the supply of Form-I and Form-II permits in triplicate a rate of Rs.500.00(Rupees five hundred) per 100 permits in triplicate shall be charged.

(6) The permit shall be in triplicate duly filled in and signed by the issuing authority. The original shall be delivered to the person moving the forest produce, the duplicate shall be sent to the Range Officer concerned and the triplicate shall be retained as counterfoil for record of the issuing authority.

(7) The Divisional Forest Officer or any Officer authorised by him shall affix the Government transit mark on timber for which a transit permit is issued.

(8) In the event of the Divisional Forest Officer authorising any person not being a forest officer to issue the permits, as specified in sub- rule (1), he may, if considered expedient in the interests of safeguarding forest produce belonging to the Government lay down conditions for such authorisation and also collect a reasonable sum of money as security for the fulfilment of such conditions.

(9) In Municipalities and Municipal Corporation areas where the saw mill owner, depot owner dispose Forest produce except round timber within the local limits of Municipalities or Municipal Corporation, they should issue delivery Chelan in Form-IV along with the forest produce sold. Form-IV can be got printed by the saw mill owners or depot owners themselves and use them after informing Book No. and No. of leaves in each book to concerned Ranger Officers and Divisional Forest Officers by Registered Post with Acknowledgement due.

(10) Whenever permits in Form-II are issued more than (50) in numbers, the validity of the permits should be from the date of issue to the 31st December of that year and validity period be super scribed on Form-II permit.

  1. (1) The ownership of timber not belonging to the Government may, if moved within the State in accordance with these rules be indicated by a separate property mark.

(2) All such property marks shall be registered by the Divisional Forest Officer.

(3) (a) Every application for registration of property marks or renewal thereof shall be made to the Divisional Forest Officer accompanied by a fee of Rs.25.

(b) The application shall contain the following particulars, namely.

(i) the details of the locality where the timber is situated;

(ii) the species [and approximate] quantity of timber for which the property mark is to be used;

(iii) six facsimilies of the property mark;

(4) The Divisional Forest Officer may register or renew the property mark in Form-III, or refuse registration of the property mark, and may cancel the registration of the property mark, if he considers that the property mark cannot be easily distinguished from the Government mark or from a property mark already registered or for other reasons to be recorded in writing.

(5) If registration of property mark is refused or cancelled for reasons other than misuse, the registration fee shall be refunded by the Divisional Forest Officer.

6A. Any person, aggrieved by any order of the Divisional Forest Officer, refusing to issue the permits under rule 5 or refusing to register the property mark under rule 6 may prefer an appeal within fifteen days from the date of such order to the Conservator of Forests and the order passed thereon by the Conservator of Forests shall be final.

  1. No permit shall cover more than one load.
  2. Any Forest Officer not below the rank of Ranger having jurisdiction over the place, may [for reasons] to be recorded in writing, in case of breakdown of a vehicle carrying forest produce, alter the period of validity of the permit.
  3. The permit shall be considered invalid if the quantity and description of forest produce is not mentioned accurately.
  4. Save as otherwise provided in Rule 8, the permit shall be considered invalid if there is erasure, overwriting or if there is alteration in anything printed or written on the permit and if any column is left unfilled.
  5. The forest produce in transit shall be of the description mentioned in the permit and it shall be transported within the time allowed in the permit accompanying the produce on the route and to the destination mentioned therein.
  6. (1) Any Forest Officer, or any officer of the Police Department not below the rank of a Sub-Inspector or any officer of the Revenue Department not below the rank of Mandal Revenue Officer or any Task Force Officers of the Department of Vigilance and Enforcement not below the rank of Revenue Inspector may, with a view to securing compliance with these rules or to satisfying himself that these rules have been complied with stop, detain examine at any place any vehicle in respect of which he has reason to believe that a contravention of any of the provisions of these rules has been, is being or is about to be committed.

(2) The Driver of the vehicle shall take the vehicle so stopped under sub-rule (1) to the nearest office of the Forest Department, Police Station, Village Officer, or the Magistrate as the officer stopping the vehicle may direct, for further investigation or charging the case;

Provided that such officer may cause removal of the vehicle to any of the offices specified by appropriate means in the event of driver failing to comply with the directions of the officer.

  1. The Divisional Forest Officer shall set up check posts, erect barriers or do both at all or any of the places given in Schedule-I with a view to stop, detain and examine the vehicles and secure compliance of the rules. The Chief Conservator of Forests may from time to time, amend the Schedule-I by adding new check posts in or shifting or deleting the existing check posts from the Schedule-1.
  2. Every person taking any forest produce in any vehicle shall stop at any check post or barrier specified in Rule 13 for the purpose of inspection.
  3. The Officer in charge of the check post or barrier shall, after satisfying himself that the forest produce is genuinely covered as per rules by the permit in Form No. II and that in case of timber such timber bears the Government transit mark, endorse on the said permit, the fact of checking and indicate the date and time of check before [allowing] the vehicle to proceed further [as expeditiously as possible
  4. These rules shall not apply to red-sanders and sandal wood and such classes of timber, firewood and other forest produce and in such areas as are specified in Schedule-II and III.