THE PUNJAB FOREST (SALE OF TIMBER) ACT, 1913 (III of 1913) CONTENTS 1. Short title, extent and commencement. 2. Meaning of terms. 3. Power to make rules regulating sale of timber and th e establishment of sale depots. 4. Application of Chapter X of Indian Forest Act. 5. Indemnity for acts done in good faith. TEXT 1 THE PUNJAB FOREST (SALE OF TIMBER) ACT, 1913 (III of 1913) [21 March 1913] An Act to provide for the control of the sale of timber and the establishment of sale depots for such timber in the Punjab. WHEREAS it is expedient to provide for the control of the sale of timber and the establishment of sale depots for such 2 timber in the Punjab; It is hereby enacted as follows:– 1. Short title, extent and commencement.– This Act may be called the Punjab Forest (Sale of Timber) Act, 1913. It shall extend to such local areas as the 3 [Provincial Government] may by notification 4 in the 5 [Official Gazette] direct; and it shall come into force in each of such areas on such day as the 6 [Provincial Government] in like manner directs 7 in this behalf. 2. Meaning of terms .– In this Act all expressions shall have the meaning assigned to them in the 8 [Forest Act, 1927]. 3. Power to make rules regulating sale of timber and the establishment of sale depots.– (1) The 9 [Provincial Government] may, by notification 1 in the 2 [Official 1This Act received the assen t of the Lieutenant -Governor of the Punjab on 12th February 1913; and that of the Governor - General on 6th March 1913 and was published in the Punjab Gazette Part -V, dated March 21, 1913. For Statement of Objects and Reasons, see Punjab Gazette, 1912, Part V, p. 92; for Report of the Select Committee, see Punjab Gazette, 1912, Part V, p. 225; for Proceedings in Council, see Punjab Gazette, 1912, Part V, p. 134, and ibid., 1913, Part V, p. 5. 2Printed as “sum” in the original Gazette Part-V, dated March 21, 1913. 3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 01.04.1937, pp. 75-344. 4See the Punjab Forest Manual, Vol -I, Chapter VI, at Sr. No. 29, under the heading “Rules describing the tracts to which the Punjab Forest (Sale of Timber) Act, 1913 shall apply under section 1 of that Act”, Notification No. 17415-Forests, dated the 14th June 1923 and amended by Notification No. 14697 -Forests, dated 11th May 1927, p. 43 and published in the Punjab Gazette, Part I, dated 14th June, 1923, p. 517. 5Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 01.04.1937, pp. 75-344. 6Substituted for the words “Local Government” by the Order ibid. 7See the Punjab Forest Manual, Vol -I, Chapter VI, at Sr. No. 29, under the heading “Rules describing the tracts to which the Punjab Forest (Sale of Timber) Act, 1913 shall apply under section 1 of that Act”, Notification No. 17415-Forests, dated the 14th June 1923 and amended by Notification No. 14697 -Forests, dated 11th May 1927, p. 43 and published in the Punjab Gazette, Part I, dated 14th June, 1923, p. 517. 8Substituted for the words, comma and figures “Indian Forest Act, 1878” by the Punjab Forest ( Sale of Timber) (Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXV of 2001), dated 5 th November, 2001, published in the Punjab Gazette (Extraordinary), dated November 5, 2001, pp. 1765-1766. 9Substituted for the words “Local Government” by the Governm ent of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 01.04.1937, pp. 75-344. Gazette], make rules to regulate the sale of timber and the establishment of sale depots for such timber. Such rules may among other matters– (a) prescribe the classes of timber to which the rules shall apply; (b) define what shall be deemed to be a sale depot; (c) provide for the establishment, registration, regulation and ins pection of sale depots, and the levy of fees for registration; prescribe the period for which registration shall hold good and the co nditions under which timber may be brought to, stored at, sold at, and removed from sale depots; and prohibit the sale of t imber at or the establishment or maintenance of unregistered sale depots; (d) regulate the use of sale depot marks and the registrati on of such marks; prescribe the time for which registration shall hold good; and provide for the levy of fees for registration; (e) prescribe the registers to be maintained at sale depots, and provide for the production of such registers before and for their examination by any forest or police officer authorized in this behalf by the Divisional Forest Officer or by the District Superintendent of Police, respectively; (f) prescribe as penalties for the infringement of any rule made under this section impriso nment which may extend to six months or fine which may extend to Rs. 500 or both. Double penalties may be inflicted where t he offence is committed after sunset and before sunrise, or after preparation for resistance to lawful 3 authority, or if the offender has been previously convicted of a like offence. (2) All rules made under sub -section (1) shall be so made after previous publication in the 4 [Official Gazette]. 4. Application of Chapter X of Indian Forest Act .– The provisions of Chapter X of the 5 [Forest Act, 1927], with the exception of section 67, shall apply so far as may be to any infringement of the rules make under th is Act as if such infringement were a forest offence under the 6 [Forest Act, 1927]. 5. Indemnity for acts done in good faith .– No suit shall lie against any public servant for anything done by him in good faith under this Act. 1See the Punjab Forest Manual, Vol-I, Chapter VI at Sr. 28 under the heading “Rules under the Punjab Forest (Sale of Timb er) Act, 1913”, and “Rules regarding the registration of Timber Depots under section 3 of the Punjab Forest (Sale of Timber) Act, 1913 (III of 1 913), by Notification No. 1436, dated 12 th January 1923 and amended by Notification No. 14696, dated 11 th May 1927, pp. 41-43 and published in the Punjab Gazette, Part I, dated 19th January, 1923, p. 62. 2Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 01.04.1937, pp. 75-344. 3Printed as “lawulf” in the original Gazette Part-V, dated March 21, 1913. 4Substituted for the word “Gazet te” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated 01.04.1937, pp. 75-344. 5Substituted for the words, comma and figures “Indian Forest Act, 1878” by the Punjab Forest (Sale of T imber) (Amendment) Ordinance, 2001 (Punjab Ordinance No. XXXV of 2001), dated 5 th November, 2001, published in t he Punjab Gazette (Extraordinary), dated November 5, 2001, pp. 1765-1766. 6Ibid.