The Assam Forest (Removal and storage of Forest Produce) Regulation Act, 2000
___

**Registered No. 768/97**

## THE ASSAM GAZETTE

#### W I H 5

### EXTRAORDINARY

##### PUBLISHED BY AUTHORITY

Tx 207 , W^TTH, 24 ^W TT4 2000, 2 ^ W 1922 (*R0

No. 207 Dispur, Tuesday, 24th October, 2000, 22nd Kartika, 1922 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

The 22nd September, 2000

**NOTIFICATION**

No. LGL. 25/2000/14.— The following Act of the Assam Legislative

Assembly which received the assent of the Governor is hereby published
for general information.


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830 THE ASSAM GAZETTE, EXTRAORDINARY, OCT, 24. 2GOO

ASSAM ACT NO. XII OF 2000

(Received the assent of the Governor on

20th September, 2000)

THE ASSAM FOREST (REMOVAL AND STORAGE OF

FOREST PRODUCE) REGULATION ACT, 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

**Short title** 1.(1) This Act may be called the Assam Forest (Removal
**extent and** and Storage of Forest Produce) Regulation Act,
**commence­**

2000.

**ment.**

(2) It shall extend to the whole of the State of Assam.

(3) It shall come into force at once.

**Definition.** 2. (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 A ct;

(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.


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THE ASSAM GAZETTE. EXTRAORDINARY, OCT, 24. 2000 831

(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.

**Restriction** 3. No person shall remove or cause to be removed from the
**on removal** State for the purpose of trade or otherwise any forest
**of Forest** produce to any other place outside the State, and no trading
**produce out­**

depot for any forest produce shall be set up or e. :iblished in

**side the**
**State of** the State without a licence issued therefor by the Compete!
**Assam.** authority.

**Application** 4. (1) Every application for grant of licence unde ’’ is A.,
**for licence** shall be made to the competent authority in su . form
**and the**

and on payment of such fee as may be prescri! >ed.

**disposal.**

(2) Every order granting or refusing licence under this

Act shall be in writing, in such form as n, y be
prescribed, and in case of refusal iall conta.a the

reasons therefor.

**Licence fee** 5. (1) The fee payable for a licence granted under this Act,
**and period of** the conditions of the licence, the route or routes
**its validity.**

through which the forest produces are to be
transported to a place outside the State, and the

**K.**

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.


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**Appeal.** 6. 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.

**Penalty.** 7. 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.

**Power to** 8. The competent authority may direct any person holding
**direct** any licence under this Act to submit such report or return in
**subm ission**

such form and manner as may be prescribed.

**of report or**
**return.**

**Power to** 9. (1) Any Forest Officer not below the rank of Forester
**enter search,** and any Police Officer not below the rank of
**arrest and**

Assistant Sub-Inspector of Police, who from his

**detain.**

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 ;


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J H E ASSAM GAZETTE, EXTRAORDINARY. OCT. 24, 2()(X) 833

(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 (I) 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 warrent
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.

**Searches and** 10. All searches and arrests under this Act shall be
**arrest how to** conducted and made in accordance with the procedure laid
**be made.**

down in the Code of Criminal procedure, 1973 (2 of 1974).

**Production of** 11. Every person detained or arrested under any of the
**persons** provisions of this Act, shall be taken by the officer referred
**arrested and**

to in Section 9 and produce before the nearest Magistrate

**things seized.**

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 twentyfour 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.

**Report of** 12. Any Forest Officer or Police Officer making an arrest or
**arrest and**

seizure under this Act shall forthwith make a full report of all

**seizure.**

particulars of such arrest or seizure to his immediate superior
officer.

**Erection of** 13. (1) The competent authority may after notification, in
**Check Posts.**

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.


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(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.

**Penalty for** 14. Whoever-
**refusal to**
**produce** wilfully refuses or is unable to produce licence or
**tilings or** document or wilfully refuses or fail to give such information
**furnish**

which under the provisions of this Act or the rules made

**information.**

thereunder, is required to be produced or furnished or
otherwise furnishes information which he knows or believes
to be false or does not believe to be true ;

OR

forcibly resists the arrest or attempts to evade arrest or
obstructs any Forest Officer or Police Officer to enter or to
effect arrest or seizure under the powers conferred by the Act
or the Rules made thereunder, shall be guilty of an offence
under this Act, and 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.

**Power to** 15. (1) Any Forest officer duly authorised by the
**compound** Government in this behalf by name or by designation may
**offence.**

accept from any person against whom a reasonable suspicion
exists that he has committed an offence punishable under this
Act, such sum of money as may be prescribed, by way of
composition of the offence which such person is suspected
to have committed.

(2) When any property has been seized as liable for

confiscation, such Forest officer after the composition
referred in sub-section (1) of the Section may release the
name on payment of the value thereof as estimated by such
officer.

(3) On payment of such sum of money, and such value,

or both, as the case may be, to such officer, the suspected
person, if in custody, shall be discharged, the property, if
any seized shall be released and no further proceedings shall
be taken against such person or property.

(4) The provisions of this Section shall apply also where

a prosecution or an appeal against conviction of offence


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THE ASSAM GAZETTE, EXTRAORDINARY, OCT, 24, 2000 835

under this Act, is pending before a Court and in such case,
the composition of such offence shall have the effect of the
acquittal of the accused with whom an offence has been
compounded provided the Court before whom such
prosecution or appeal is pending grants permission for such
composition. . ®

**When court** 16. No Court shall take congizence of any offence under
**to take** this Act -
**cognizance**
**of offence.** (1) except on the complaint made by an officer

authorised by the Government in this behalf, and

(2) unless the prosecution is instituted within six months

from the date on which the offence is alleged to have
been committed.

**Bar of suit** 17. No suit shall be brought in any Civil Court to set aside
**in civil**

or modify any order made under this Act.

**courts.**

**Suit, etc.** 18. No suit, prosecution or legal proceeding shall lie
**against** against any authority, officer or person for anything which is
**authority,**

# r officers or in good faith done or intended to be done under this Act.

**persons**

# > acting in

**good faith.**

**Officer and** 19. Every person or officer, appointed under, or exercising
**person to be** any power conferred by and under this Act shall be deemed
**public**

to be a public servant within the meaning of Section 21 of

**servant.**

the Indian Penal Code.

**Effect of** 20. The provisions of this Act shall be in addition to and
**other laws.** not in deregation of the provision of the Assam Forest

Regulation, 1891 and the rules made thereunder.

**Exemption.** 21. The provision of this Act shall not apply to removal of

produce to a place outside the State by or an behalf of the
Government under the provisions of the Assam Forest
Regulation, 1891.

**Power to** 22. (1) The State Government may, by notification, make
**make rules.**

rules for carrying out the purposes of this Act.

(2) In particulars and without prejudice to the generality

of the foregoing power, such rules may provide for
all or any of the following matters, namely

(a) the form and conditions of licence under Section

3 and Section 5 and the fees payable therefor;

(b) the form and manner in which application for


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836 THE ASSAM GAZETTE, EXTRAORDINARY, OCT. 24, 2000"

licence under Section 4 may be made and the
fees payable therefor;

(c) the fees payable for appeal under Section 6 ;
(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 marking and identifying the forest
produce of different categories in the trading
depots;

(f) the manner in which the inspection of forest

produce and of documents maintained by
licensee shall be carried out;

(g) the routes by which the forest produce shall be

transferred to a place outside the State ;

(h) the terms and conditions for setting up or

establishment of trading depots ;

(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 or erected and the form of documents
under Section 13;

(k) the procedure and manner for payment of fees

under this Act and of money payable because of
composition of offence under Section 15 ;

(l) the amount of levy or duty and the manner for

payment of such levy or duty for forest produce
removed out of the State ;

(m) any other matter which is to be or may be

prescribed.

M. K. DEKA,

Secretary to the Govt, of Assam,

Legislative Department.

GUWAHATI Composed by Computer Wing, Finance Dcplt. and Printed & Published

by the Dy. Director of Pig. & Sly., Assam, Guwahati-21 (Ex-Gazette)
No. 413-500-600-24-10-2000.


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