The Himachal Pradeh Forest Produce (Regulation of Trade) Act, 1982

Authoritative English Text of the Himachal Pradesh Van Upaj (Beopar 
Viniyaman) Adhiniyam, 1982. 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION 
OF TRADE) ACT, 1982 
ARRANGEMENT OF SECTIONS 
Sections: 
CHAPTER-I  
PRELIMINARY 
1.  Short title, extent and commencement. 
2.  Definitions. 
CHAPTER-II 
REGULATION OF THE TRADE OF FOREST PRODUCE 
3.  Appointment of agents. 
4.  Restriction on sale, purchase and transportation. 
5.  State Govt. to purchase all forest produce offered for sale. 
6.  Constitution of Advisory Committee. 
7.  Government to fix price in consultation with the Committee. 
8.  State Government or agent to purchase forest produce as per 
programme. 
9.  Disposal of forest produce. 
10.  Delegation of powers. 
11.  Powers of entry, search, seizure etc. 
12.  Penalty. 
13.  Attempts and abetment. 
14.  Cognizance of offences. 
15.  Compounding of offences. 
16.  Savings in respect of acts done in good faith. 
17.  Powers to make rules. 
18.  Power to add or exclude any forest produce from the operation of 
the Act. 
19.  Transitory provision. 
20.  Repeal and savings. 
The Schedule. 
 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 2 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION 
OF TRADE) ACT, 1982 
(ACT NO. 5 OF 1982)1  
(Received the assent of the Governor, Himachal Prad esh on 30 th  
April, 1982 and was published both in Hindi and Eng lish in the Rajpatra, 
Himachal Pradesh (Extra-ordinary), dated 4 th  May, 1982, pp. 361-377). 
An Act to make provisions for regulating in the pub lic interest the trade 
of certain forest produce by creation of full State  control in such 
trade. 
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the 
Thirty-third Year of the Republic of India, as follows:- 
CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Forest Produce (Regulation of Trade) Act, 1982. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall be deemed to have come into force with  effect from the 1
st  
day of October, 1981. 
2. Definitions.- (1) In this Act, unless the context otherwise requires,-  
(a)   "agent" means an agent appointed under section 3;  
(b)   "committee" means an advisory committee constitut ed under 
sub-section (1) of section 6; 
(c)   "division" means a territorial Forest Division as  for the time 
being constituted or may be delimited, from time to  time, by 
special or general order of the State Government; 
(d)   "forest produce" means trees of any of the specie s standing, 
felled or otherwise fashioned, specified in the Sch edule 
annexed to this Act and any other produce declared as such 
by the State Government from time to time by a noti fication 
published in the Official Gazette; 
(e)   "owner" means any person other than the State Gov ernment 
authorised by virtue of ownership of land as per en tries in 
revenue records prepared under the Himachal Pradesh  Land 
Revenue Act, 1954 (6 of 1954) or by any other autho rity of 
law to own or to have in his possession the forest produce; 
(f )  "purchase" with all its grammatical variations a nd cognate 
expressions means the acquisition of forest produce  for cash 
                                                 
1.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects 
and Reasons, see the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated 1 st  April, 
1982, pp. 209 and 218. 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 3  
or deferred payment or for other valuable consideration; 
Explanation.- Purchase of forest produce on instalment 
system of payment shall, notwithstanding that the s eller 
retains a title to forest produce as security for p ayment of the 
purchase money, be deemed to be a purchase; and 
(g)   "sale" with all its grammatical variations and co gnate 
expressions means any transfer of forest produce by  one 
person to another for cash or for deferred payment or for 
other valuable consideration and includes a transfe r of forest 
produce on hire-purchase or other system of payment  by 
instalment. 
(2) All other words and expression used herein, but  not defined in the 
Act, shall have the meanings assigned to them in th e Indian Forest Act, 1927, 
as applied to this State. 
CHAPTER-II 
REGULATION OF THE TRADE OF FOREST PRODUCE 
3. Appointment of agents.- The State Government may, for the 
purchase of, and trade in, forest produce on its be half, appoint one or more 
agents in respect of different divisions for all or  any specified forest produce 
on such terms and conditions as may be laid by the Government from time to 
time. 
4. Restriction on sale, purchase and transportation .- On the 
commencement of this Act,- 
(a)    no owner of forest produce shall effect sale of any forest 
produce to a person other than the State Government  or the 
agent appointed under section 3; 
(b)   no person other than the State Government through  its 
authorised officer or agent appointed under section  3 shall 
purchase forest produce from any owner; and 
(c)    no person shall transport forest produce to any place within or 
outside the division without permit issued in that behalf by 
such authority, in such manner and subject to such terms and 
conditions as are prescribed under sections 41 and 42 of the 
Indian Forest Act, 1927 (16 of 1927) and the rules made 
there-under by the State Government. 
5. State Govt. to purchase all forest produce offer ed for sale.-  (1) 
Subject to the provisions of section 8, the State G overnment through its 
authorised officer or agent appointed under section  3 shall purchase at the 
price fixed under section 7 all forest produce offe red for sale by the owner 
during the normal hours of business at such places or premises as may be 
specified by the State Government through its authorised officer or its agent. 
(2) Notwithstanding anything contained in sub-secti on (1), where the 
officer-in-charge of the division has reason to bel ieve that any forest produce 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 4 
offered for sale belongs to the State Government, s uch forest produce may be 
appropriated without payment of price. 
6. Constitution of Advisory Committee.- (1) The State Government 
shall from time to time, constitute for each division in which forest produce is 
grown or found, an Advisory Committee which shall c onsist of not more than 
5 members nominated by the State Government. 
(2) The Advisory Committee for each such division s hall advise the 
State Government in the matter of fixation from tim e to time of a fair and 
reasonable price at which forest produce offered for sale may be purchased by 
or on behalf of the State Government in that divisi on and also on such other 
matters as may be referred to it by the State Government. 
(3) The business of the Committee shall be conducted in such manner 
as may be prescribed. 
7. Government to fix price in consultation with the  Committee.- 
The State Government shall after consultation with the committee constituted 
under section 6, fix the price at which forest prod uce shall be purchased at 
various places by it or by any of its authorised of ficers or agent from the 
owner of the forest produce and shall publish the s ame in the Official Gazette 
or in such other manner as may be prescribed. The p rice so fixed shall remain 
in force upto the end of each financial year and shall not be altered during that 
financial year: 
Provided that if the committee fails to tender advi ce by the 15th of 
February preceding the financial year, the State Go vernment may proceed to 
fix the price without consultation of the committee: 
Provided further that the State Government through its authorised 
officer or agent may purchase the forest produce ti ll the constitution of the 
Committees at a price mutually agreed upon between the parties to the sale. 
8. State Government or agent to purchase forest pro duce as per 
programme.- (1) The authorised officer or an agent shall purch ase from the 
owner of the forest produce offered for sale accord ing to the felling 
programme, as may be formulated under the Himachal Pradesh Land 
Preservation Act, 1978  at the price fixed under section 7. 
(2) The State Government through its authorised off icer or the agent 
may make such advances of money on such terms and c onditions as may be 
prescribed to the owners whose forest produce is co vered by the felling 
programme under the Himachal Pradesh Land Preservation Act, 1978. 
9. Disposal of forest produce.-  Forest produce purchased by the 
State Government through its authorised officer or agent shall be sold or 
otherwise disposed of in such manner as the State Government may direct. 
10. Delegation of powers.- The State Government may, by special or 
general order, delegate any of its powers or functi ons under this Act or the 
rules made thereunder, except the power to make rul es under section 17, to 
any officer not below the rank of the Assistant Con servator of Forests, who 
shall exercise or perform the same, subject to such conditions and restrictions, 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 5  
if any, as the State Government may specify in the order. 
11. Powers of entry, search, seizure etc.- (1) Any Forest Officer not 
below the rank of the Forest Ranger or any Police O fficer not below the rank 
of Sub-Inspector or any other person authorised by the State Government in 
this behalf may, with a view to securing compliance  with the provisions of 
this Act or the rules made thereunder or to satisfy ing himself that the said 
provisions have been complied with,- 
(i)   stop and search any person, boat, vehicle or rece ptacle used or 
intended to be used for the transport of forest produce; 
(ii)   enter and search any place; and 
(iii)   seize the forest produce in respect of which he s uspects that 
any provision of this Act or the rules made thereun der has 
been, is being, or is about to be contravened along  with 
receptacle containing such produce, as well the ani mals, 
vehicles or boats used in carrying such produce. 
(2) The provisions of section 100 of the Code of Cr iminal Procedure, 
1973 relating to search and seizure shall, so far a s may be, apply to searches 
and seizures under this section. 
12. Penalty.- Any person contravening any of the provisions of th is 
Act or the rules made thereunder- 
(a)  shall be punishable with imprisonment which ma y extend to 
one year or with fine which may extend to five thou sand 
rupees or with both; and 
(b)  the forest produce in respect of which such co ntravention has 
been made shall be forfeited to the Government. 
13. Attempts and abetment.-  Any person who attempts to 
contravene or abets the contravention of any provis ion of this Act or the rules 
made thereunder shall be deemed to have contravened such provision. 
14. Cognizance of offences.- No Court shall take cognizance of any 
offence punishable under this Act except on a repor t in writing of the facts 
constituting such offence made by any Forest Office r not below the rank of 
the Divisional Forest Officer or any other officer as may be authorised by the 
State Government in this behalf. 
15. Compounding of offences.-  (1) The State Government may, by 
notification, empower a Forest Officer not inferior  in rank to that of a 
Divisional Forest Officer- 
(a)    to accept from any person against whom a reasona ble 
suspicion exists that he had committed an offence p unishable 
under this Act, a sum of money by way of compensati on in 
lieu of prosecution for the offence which such pers on is 
suspected to have committed; and 
(b)    when any property other than forest produce has been seized 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 6 
as liable to confiscation, to release the same on p ayment of 
the value thereof as may be determined by such officer. 
(2) On the payment of such compensation or such val ue, or both, as 
the case may be, to such officer, the suspected per son shall be discharged, the 
property, if any, seized shall be released, and no further proceedings shall be 
taken against such person or property. 
(3) The sum of money accepted as compensation under  clause (a) of 
sub-section (1) shall in no case be less than rupee s five hundred and exceed 
rupees two thousand. 
(4) No case hereunder shall be compounded by any au thority 
competent to compound without providing for the for feiture of the forest 
produce involved in the said case to the Government. 
16. Savings in respect of acts done in good faith.-  (1) No suit, 
prosecution or other legal proceedings shall lie ag ainst any person for 
anything which is in good faith done or intended to be so done in pursuance of 
this Act or the rules made thereunder. 
(2) No suit or other legal proceedings shall lie ag ainst the State 
Government for any damage caused or likely to be ca used or any injury 
suffered or likely to be suffered by virtue of the provisions of this Act or by 
anything which is in good faith done or intended to be so done in pursuance of 
this Act or the rules made thereunder. 
17. Powers to make rules.- (1) The State Government may, subject 
to the condition of previous publication, make rule s or issue directions to 
carry out the provisions of this Act. 
(2) In particular, and without prejudice to the gen erality of the 
foregoing power, such rules may provide for all or any of the following 
matters, namely:- 
(a)  the terms and conditions and the procedure for app ointment 
of agents under section 3; 
(b)  the manner of the conduct of business of the Advis ory 
Committee under section 6 (3); 
(c)  the publication of the price list of the forest pr oduce under 
section 7; 
(d)   the terms and conditions governing the payments o f advances 
under section 8 (2); 
(e)   the manner in which the forest produce shall be d isposed of 
under section 9; 
(f)  the terms and conditions subject to which, and the  manner in 
which, the permit may be granted under section 19 (1); and 
(g)   any other matter which is to be or may be prescri bed. 
(3)  Every rule made under this Act shall be laid, as soon as may be 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 7  
after it is made, before the Legislative Assembly w hile it is in session, for a 
total period of not less than ten days, which may b e comprised in one session 
or in two or more successive sessions, and if befor e the expiry of the session 
in which it is so laid or the sessions aforesaid, t he Assembly makes any 
modification in the rule or decides that the rule s hould not be made, the rule 
shall thereafter have effect only in such modified form or be of no effect, as 
the case may be, so, however, that any such modific ation or annulment shall 
be without prejudice to the validity of anything pr eviously done under that 
rule. 
18. Power to add or exclude any forest produce from  the 
operation of the Act.- The State Government may, by notification, from time 
to time, add or exclude any species of forest produce covered by this Act. 
19. Transitory provision.- (1) Notwithstanding anything to the 
contrary contained in section 4, the State Government or its authorised officer 
may, on such terms and conditions and in such manne r as be prescribed, 
permit any person who had purchased the extracted f orest produce for the 
purpose of further sale or had extracted forest pro duce or had obtained the 
orders of demarcation and marking for its extractio n before the 
commencement of this Act, to fell, convert, transpo rt and sell such forest 
produce to any person other than the State Governme nt, or an authorised 
officer or agent and permit any person other than t he State Government or its 
authorised officer or agent to purchase and transport the same. The permission 
so accorded shall lapse after the 30th November, 1982. 
(2) Where at any time before the commencement of th is Act, any 
person had entered into any contract for the sale o f forest produce to any 
trader and obtained an advance from such trader tow ards the price of the 
forest produce accepted to be delivered to the trad er under such contract, then 
notwithstanding that by virtue of the provisions of  section 4, such contract 
shall have become void on the commencement of the Act, the said person and 
trader may make a joint application before the Divi sional Forest Officer or an 
officer authorised by him or the agent, in that beh alf, giving particulars of 
such advance and thereupon the said officer, on bei ng duly satisfied that the 
transaction is genuine one, may direct the officer of the State Government or 
the agent to pay on behalf of the said person to such trader a sum equivalent to 
the said advance (less the amount already re-paid b y the said person to such 
trader) without any interest or compensation out of  the price due to the said 
person for the forest produce sold under section 5, and the liability of the State 
Government or the agent to the said person and of the said person to the trader 
shall, to the extent of such payment, stand discharged and the said person shall 
not be liable to pay any interest or compensation i n respect of such advance. 
Such claims shall lapse after the 30 th  November, 1982. 
20. Repeal and savings.-  The Himachal Pradesh Forest Produce 
(Regulation of Trade) Ordinance, 1981 is hereby repealed: 
Provided that anything done or any action taken und er the said 
Ordinance shall be deemed to have been done or take n under this Act, as if 
this Act had commenced on the 1 st  October, 1981. 
THE HIMACHAL PRADESH FOREST PRODUCE (REGULATION OF TRADE) ACT, 1982 8 
SCHEDULE-I 
[See section 2 (d)] 
1. Bird-cherry (Prunus cornata) 
2. Chil (Pinus roxburgil). 
3. Deodar (Cedrus deodara) 
4. Fir (Abies Pindrow) 
5. Horn beam (Khirkee) (Carpinus Spp.) 
6. Horse chestnut (Aseculus indica) 
7. Kail (Pinus wallichiana) 
8. Maple (Acer Spp.) 
9. Sain (Terminalia tementosa) 
10. Sal (Shorea robusta) 
11. Shisham (Dalbergia sisso) 
12. Spruce (Picea symthiana) 
13. Walnut (Juglan regia) 
14. Ash (Fraxinus Spp.) 
1[15. and 16xxxxxxxxxxxxxxx] 
2[17. Oak Species; 
(i)  Ban(Quercus incana) 
(ii)  Mohru (Quercus dilatata) 
(iii) Kharsu (Qurcus seme carpifolia) 
18. Pipal (Ficus religiosa). 
19. Bar (Ficus bengalensis)] 
3[ Khair (A cacia Catechu)] 
____________ 
                                                 
1.  Item No. 15 and 16 excluded from the Schedule v ide Notification No. Fts (A) 3-
1/84-Part., dated 8 th  February, 1991, published in the Rajpatra, Himacha l Pradesh 
(Extra-ordinary) dated 20 th  March, 1991 p. 416.  
2.   Item Nos. 17, 18 and 19 added vide Notificatio n No. Fts.(A) 3-1/84 (part), dated 
27 th  March, 1986, published in the Rajpatra, Himachal P radesh, dated 13 th  
November, 1993, p. 2339.  
3.  Item Khair (A cacia Catechu) included vide Noti fication No. Fts. (F) 12-34-83- 
Part, dated 30 th  April, 1991, published in the Rajpatra, Himachal P radesh, dated 
21st  August, 1993, p. 1542  and excluded  as S. No. 18 vide Notification No. Fts. 
(F) 12-34/83 Part, dated 18 th  November, 1991, published in the Rajpatra, 
Himachal Pradesh dated 11 th  January, 1992, p. 52. 

‹ Prev All Himachal Pradesh acts Next ›