The ARUNACHAL PRADESH FOREST (REMOVAL OF TIMBER) REGULATION ACT, 1983, (Act No. 5 of 1983)

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THE ARUNACHAL PRADESH FOREST
(REMOVAL OF TIMBER)
REGULATION ACT, 1983,
(Act No. 5 of 1983)
AN
ACT
to regulate and control removal of timber
outside the Union territory of Arunachal Pra-
desh and matters connected therewith.
Be it enacted by the Legislature of Arun-
achal Pradesh in the Thirty-fourth Year of
the Republic of India as follows :-
1. (1) This Act may be called the Arunachal
Pradesh Forest (Removal of Timber) Regula-
tion Act, 1983.
Short title, extent
and commence-
ment.
(2) It shail extend to the whole of Arun-
achal Pradesh.
(3) It shall come into force at once
2. (1) In this Act, unless the eontext otherwise Definitions
requires,-
(a) "competent authorlty" means such
authority as the Government may, by
notification, appoint for the purpose of
exercising the powers and functions of
a competent authority under this Act
and rules made thereunder, for the
whole or any part of Arunachal Pradesh ;
(b) "Government" means the Government
of the Union ieritory of Arunachal
Pradesh ;
(c) "prescribed" means prescribed by rules
made under this Act ;
(d) "state" means the Union teffitory of
Arunachal Pradesh ;
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(e) "timber" means trees when they have
fallen or have been felled and logged
but does not include trees and logs upto
60 cm mid girth and I metre length.
(2) Words and expressions used, but not
defined in this Act and defined in the
Assam Forest Regulation, 1891 as
applied in Anrnachal Pradesh shall have
the meanings respectively assigned to
them in that Regulation.
No person shall remove or cause to be
removed from the state for the purpose
of trade or otherwise, any timber to
any other place outside the state, and no
trading depot shall be set up or esta-
blGhed in the state at any place without
a licence from the competent authority.
4. (1) Every application for grant of licence
under this Act shal] be made to the com-
petent authority in such form and on
payment of such lee as may be pres-
cribed.
(2) Every order granting or refusing a
Iicence under this Act shall be in
writing, and in case of refusal shail
contain reasons therefore.
5. (1) The fee payable for a licence granted
under this Act, the conditions of the
licence, the route or routes through
which the timber are to be transported
to a place outside the state, and the
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 timber :
Restriction on
removal oI timber
out side Arun-
achal Pradeslr-
Application
Iicence and
disposal.
for
its
Licence fee snd
period of its
validity.
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Provided further that such Period
shall not exceed twelve months at a
time and the amount of fee lor period
shall not exceed one thousand rupees.
(2) The licence {ee shall be paid in such
manner as may be prescribed.
(3) Every licence granted under this Act
may be renewed on the expiry of the
period of its validity by the competent
authority in such manner and on pay-
ment ol such fees as may be prescribed.
(4) The pro\,isions of section 4 shall apply
in case of an application lor renerval
under this section.
Any person aggrieved by any order passed Appeai.
by the competent authority under section
3 or section 4 may, within a period of
sixty days from the date the order is
communicated and on payment of such
fee not exceeding fifty rupees, prefer an
appeal to such authority as the Govern-
ment may, by notification, appoint in
this behalf and the order of such autho-
rity shall be final :
Provided that the appellate authority
may entertain an appeal alter the expiry
of the said period of sixty days if it is
satisfied that the appellant was preven-
ted by sumcient cause from flling the
appeal in time.
Any person who contravenes any of the
provisions of section 3, shall, on convic-
tion, be punished with imprisonment
which may extent to one year, or with
fine which may extend to two thousand
rupees, or with both, and the Court try-
ing the offence may fnrther order that
the timber in respect of which the
Penalty7.
olfence was committed and the vessels,
vehicle or animal with which the offence
was committed, shall be confiscated to
the Government.
L The competent authority may direct any
person holding any licence under this
Act to submit such report or returns
and in such form and manner as may be
prescribed.
9. (1) Any Forest Officer not below the rank
of Forest Ranger and any Police Officer
not below the rank of Sr"tb-Inspector ol
Police, who, from his personal lctow-
Iedge or from 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 ;
(c) seize any tirnber in respect of which
the offence was committed and 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 (1),
may stop and detain any person commi-
tting an offence under this Act or
Power to direct
submission of
report or returtr
Power to enter,
search, arrest
and detain-
(b) require such person to produce for
his inspection the licence or any
other documents granted by the
competent authority or any books of
account or other document that may
have any bearing on such offence ;
2 of 1974
10. Al1 search and arrests under this Act Searches
shall be conductecl and made in accor- ultl,u-I"-
dance with the procedure laid dorm t" 
tnf,. 
J;i.t.'
the Code of Criminal Procedure, 19?3.
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abetting in the commlssion of such
offence and such officer may arrest with-
out warrant any such Person:
Provided that the O(ficer making
such arrest may release any such person
if he Iurnishes his name and address and
otherwise satisfies such Officer that he
will duly answer any sururons or other
proceedings which may be taken against
him.
11. Every person detained or arrested under Production
u.,y oI-th" provisions of this Act sha[ :f- I.c::ons
be t.ken by the officer referred to a lltJtl;Tr*t
section I and produccd be{ore the nearestseized. -
Magistratehaving iurisdiction along
with a report containing full particulars
of the person arrested or articles seized
and the circurnstances under v/hich the
arrest or seizure rvas a{fected, within
twenty-four hours of such arrest or
seizure exclusive oI the time necessary
for the actual journey from the place of
arrest to the Court of the Magistrate.
t2 Any Forest Officer or Police Officer Report of
making an arrest or seizure under this ]lesl^and
Act shall forthwith make a fulI ."po.t telture'
of aII the particulars of such arrest or
seizure to his immediate superior Officer.
13. (1) The Government may, alter notification Erection
in the Offlcial Gazette, set up and erect, ofcheck-
in such manner as may be prescribed, Posls'
check-posts and barriers at any place in
the state with a view to preventing the
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unlawful removal or transportation from
the state of timber to any place outside
the state.
(2) Every person transporting timber shall
at any check-post or barrier referred to
iI sub-section (1) and before crossing
such check-post or barrier produce
before the Officer incharge of the check-
post or barrier such document as may
be prescribed.
(3) The Officer-in-charge of the check-post
or barrier may, for the purpose of satis-
Iying himself that the provisions of tl}is
Act and the rules made thereunder are
not being contravened, intercept, detain
and search any anlmal, vehicl,e or vessel.
14. Whoever -(i) wilfully refuses or is unable to pro-
duce licence or document or wiifully
refuses or fails to give such informa-
tion which, under the provisions of
this Act or the rules made thereun-
der he is required to produce or to
give, or otherwise furnishes infor-
mation which he knows or believes
to be false or doEs not believe to be
true, or
(ii) forcibiy resists auest or attempts to
evade arrest or obstructs any Forest
Officer or Police Officer to enter or
search or to affect arrest or seizure
under the powers confered by this
Act or the rules made thereunder,
shall be guilty oI an olfence r.rnder
this Act, and he shall, 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.
Penalty for refu-
sal to produce
things or furnish
informatidl.
15. (1) Any Officer duly authorised by the
Government in this behall may accept
from any person against whom a
reasonable sltspicion exists that he has
cornmi.tted any olfence punishable
under this Act, sueh sum of moneY as
may be prescribed, by way of composi-
tion of the offence which such person
is suspected to have committed
(2) On payment of such sum of money to
the Officer mentioned in sub-section (1),
the suspected person, if in custodY,
shall be discharged and no other pro-
ceeding shall be taken against him in
respect of the olfence compounded
(3) The provisions of this section shall apply
also where a prosecution or an appeal
against conviction of o{fence under this
Act is pending before a court and in
such a case, the composition of such
oftence shall have the effect of the
acquittal of the accused with whom an
offence has been compounded :
Provided that the court before whom
such prosecution or appeal is pending
grants permission for such composition'
16. No Court shall take cognizance of any
offence under this Act,-
(1) except on the complaint made by an
omcer authorised by the Government in
this behalf ; and
(2) unless the prosecution is instituted
within six months lrom the date on
which the offence is alleged to have
been committed.
17. No suit shatl be brought in any civil court
to set aside or modiiy any order made
under this Act.
Power to com-
pound offence.
When Court to
take cognizance
of offence.
Bar of suit in
Civil Courts.
18. No suit, prosecution or legal proceeding
shall lie against any authority, officer or
person for an]'thing which is in good faith
done or intended to be done under this Act.
20. The provisions of this Act shall be in addi-
tion to, and not in derogation of, the provi-
sions oI the Assam Forest Regulation, l89l
as applied in Arunachal Pradesh or the
rules made thereunder.
21. The provisions oI this Act shall not appiy
to removal of timber to a place outside
Arunachal Pradesh by or on behalf of the
Government lmder the provisions of the
Assam Forest Regulation, 1891.
22. (i) The Government may, by notiflcation,
make rules for carrying out the purposes of
this Act.
Suit, etc. against
authority, Ofr-
cers or persons
acting in good
faith.
19. Every person or officer, appointed under, or Officer and person
exercisiag any power confered by and to be public
under this Act shall be deemed to be a servant.
public servant within the meaning of section
21 oI the Indian Penal Code.
Effect oI other
laws.
E:<emption
Pov/er to make
rules.
(2) In particular and without prejudice to
the generality of foregoing power, such
rules may provide for all or any of the
following matters, narnely :-
(a) the form and conditions of licence
under section 3 and section 5 and the
fees payable therelore ;
(b) the form and manner in which appli-
cation for licence under section 4
may be made and the lees payable
theretore ;
(c) the fees payable for appeal under
section 6 ;
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(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 making the timber
to be removed to a Place outside the
state ;
(f) the manner in which the inspection
of timber and of documents main-
tained by li.censee shail be carried
out ;
(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 and erected
and the form of document under
section 13 ;
(k) the procedure and manner for pay-
ment of fees under this Act and of
composition money under section 15
and the amount of comPosition PaY-
able for composition of offence under
section 15 ;
(]) any other matter which is to be or
may be prescribed.
Published in the Arunachai Pradesh Gazette,
Extraordinary, No 253, Vol. II, dated May 24'
1983.
NOTE
(g) the routes by which the timber shall
be transported to a place outside the
state ;
(h) the terms and conditions for setting
up or establishment of trading depot ;

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