Power to make rules and prescribe penalties

Section 51 of the Indian Forest Act, 1927 deals with power to make rules and prescribe penalties. The State Government [may, bynotification in the Official Gazette, make rules] to regulate the following matters, namely:-- (a) the salving, collection and disposal of all timber mentioned in section 45; The Act came into force on 21 Sep 1927.

(1) The State Government ¹[may, bynotification in the Official Gazette, make rules] to regulate the following matters, namely:--

(a) the salving, collection and disposal of all timber mentioned in section 45;

(b) the use and registration of boats used in salving and collecting timber;

(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and

(d) the use and registration of hammers and other instruments to be used for marking such timber.

²[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]

(2) The ³[State Government] may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).--

Section 51.--In sub-section (2), for the words "six months, or with fine which may extend to five hundred rupees", substitute the words "two years, or with fine which may extend to twenty-five thousand rupees".

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]

Tripura.--

Insertion of new section 51A. --After section 51 of the principal Act the following section shall be inserted, namely :--

51A.--Power to regulate manufacture and preparation of articles based on forest produce.--(1) the State Government may make rules,--(a) to provide for the establishment, and regulation by licence, permit or otherwise (and the payment of fees therefor), of saw mills and other units including factories engaged in the manufacture of preparation of the following articles: --

(i) Katha (Catechu) or Kuth out of Khair wood;

(ii) plywood, veneer and wood-panel products;

(iii) preparation of matchboxes and match splints;

(iv) boxes including packing cases made out of wood;

(v) such other articles based on forest produce as the State Government may, by notification in the Official Gazette, from time to time, specify;

(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw materials for the preparation of the article mentioned in clause (a), the payment and deposit of fees therefor and for due compliance of the conditions thereof, the forfeiture of the fee so deposited or any part thereof for contravention of any such condition, and the adjudication of such forfeiture by such authority as the State Government may, by notification in the Official Gazette, specify.

(2) The State Government may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees or both.

[Vide Tripura Act 10 of 1984, s. 4].

Section 51, The Indian Forest Act, 1927 (Act 16 of 1927).