Timber in Transit, and Drift and Stranded Timber

In one line

Section 51 is the rule-making power for timber found adrift, beached, stranded or sunk, and sections 52 to 58 are the seizure and confiscation machinery that enforces the whole Act.

In the wording a student can write in an exam: section 51 empowers the State Government to make rules for the salving, collection and disposal of drift and stranded timber, for the boats used to salve it, for the amounts payable and for the marking hammers, and to prescribe penalties; section 52 empowers a Forest-officer or Police-officer to seize forest produce and the tools, boats, carts or cattle used in an offence; section 53 allows release on a bond; section 55 makes them liable to confiscation; section 57 provides for the case where the offender is not known or cannot be found; and section 58 allows the sale of perishable property.

What comes before section 51

Section 45 is the provision section 51 serves. All timber found adrift, beached, stranded or sunk, all wood or timber bearing unregistered marks or marks obliterated, altered or defaced, and, in areas the State Government directs, all unmarked wood and timber, are deemed to be the property of Government unless and until a person establishes his right and title to it.

Sections 46 to 50 then work that out. Public notice of the timber collected, with not less than two months for a written claim; inquiry by the Forest-officer, who may reject the claim recording reasons or deliver the timber; a suit within three months of rejection to recover possession, with no compensation or costs against the Government for the rejection; and vesting in the Government where no claim is made or no suit is brought.

Section 51 supplies the rules for all of that, and section 51(2) allows penalties for their contravention of imprisonment up to six months, fine up to five hundred rupees, or both. Section 51(1A) requires every rule made by the State Government under the Act to be laid before the State Legislature as soon as may be after it is made.

Section 52: seizure

Section 52(1). When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer.

Section 52(2). The seizing officer shall place a mark on the property indicating the seizure, and shall as soon as may be report the seizure to the Magistrate having jurisdiction to try the offence. Proviso: where the produce is the property of Government and the offender is unknown, a report of the circumstances to his official superior is sufficient.