(1) The control of all rivers and their banks as regards the floating of timber, as well as the control of all timber and other forest-produce in transit by land or water, is vested in the 1[State Government], and it may make rules to regulate the transit of all timber and other forest-produce.

(2) In particular and without prejudice to the generality of the foregoing power such rules may—

(3) The State Government may direct that any rule made under this section shall not apply to any specified class of timber or other forest-produce or to any specified local area.]

STATE AMENDMENT

Uttar Pradesh

Amendment of section 41.—In section 41 of the principal Act, after sub-section (2) the following new sub-sections shall be added, namely—

"(2-A) The State Government may by notification in the Gazette delegate, either unconditionally or subject to such conditions as may be specified in the notification, to any Forest Officer, not below the rank of Conservator, the power to prescribe fees under clause (c) of sub-section (2).

(2-B) Notwithstanding any judgment, decree or order of any court, any rule purporting to have been made by a Conservator before the commencement of the Indian Forest (Uttar Pradesh Amendment) Act, 1965, prescribing fees to be paid in respect of passes specified in clause (b) of subsection (2) shall be deemed to have been made under a power delegated under sub-section (2-A) as if the provisions of sub-section (2-A) were always in force and the Conservator were duly authorised thereunder, and shall be deemed to be and always to have been valid, and shall continue in force until altered, repealed or amended by the State Government or a duly authorised Conservator, as the case may be:

Provided that nothing in this sub-section shall be deemed to authorise the prosecution or punishment of any person under section 42 for any act done before the commencement of the said Act."

[Vide Uttar Pradesh Act XXIII of 1965, s. 13]

Maharashtra

Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927 (XVI of 1927) in this application to the state of Maharashtra, in sub-section (2), after clause (h), the following new clause shall be inserted, namely:—

"(hh) regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eight kilometres as may be determined, the converting or cutting of timber in a saw mill, and prescribe fees and conditions, subject to which such licences may be granted; [Vide Maharashtra Act XV of 1965, s. 2]

Amendment of section 41 of Act XVI of 1927.—In section 41 of the Indian Forest act, 1927, in its application to the State of Maharashtra,—

"(1A) Notwithstanding anything contained in any law for the time being in force, the State Government may make rules to regulate by grant of licences, within the forest limits or such distance therefrom not exceeding eighty kilometres as may be determined, the converting or cutting of timer in a saw mill and prescribe fees and conditions, subject to which such licence may be granted, and the manner in which, and the authority to whom, an appeal against the order of refusal, suspension or revocation of a licence may filed.";

[Vide Maharashtra Act XXIII of 1984, s. 2]

1. Subs. by the A.O. 1950, for "Provincial Government ".

2. Subs. by the A.O. 1937, for "British India ".

3. Subs. by the A.O. 1950, for "Crown "