The Punjab Forest (Sale of Timber) Act, 1913

The Punjab Forest (Sale of Timber) Act, 1913 
 
Act No. 3 of 1913 
 
Legislative History 
1 Amended by the Adaptation of Laws Orders, 1937 
2 Amended by the Adaptation of Laws Order, 1948 
3 Amended by the Adaptation of Laws Order, 1950 
4 Amended by the Adaptation of Laws Order, 1951 
 
An Act to provide for the, control of the sale of timber and the establishment of 
sale depots for such timber in [Punjab). 
 
Whereas it is expedient to provide for the control of the sale of timber and the 
establishment of sale depots for such timber in (Punjab]. 
 
It is hereby enacted as follows:- 
 
Statement of Objections and Reasons.  - For some years past thefts of river -borne 
timber have been on the increase, particularly on the Chenab and Jhelum rivers, and the 
percentage of los s has now risen so high that measures to reduce it are imperatively 
called for. In 1906,  the loss in Government scantlings on the Jhelum had risen to 45 per 
cent and the losses of private traders are believed to be greater. To check the evils it is 
proposed to take power to m ake rules regulating the sale of timber within the areas 
where it exists. The rules provide for the establishment and registration of sale depots and 
may prohibit the sale of timber elsewhere  than at a registered sale depot.  Power is taken 
to impose penalties for a breach of the rule. 
 
1.  Short title, extent and commencement. - This Act may be called the Punjab     
 Forest (Sale of Timber) Act, 1913. 
 
 It shall extend to such local areas as the "[State] Government may by 
 notification in the [Official Gazette] direct  ; and it shall come into force in each of 
 such areas on such day  as the °[State] Government in the like manner directs in 
 this behalf.  
 
2.  Meaning of terms. - In this Act all expressions have the meaning assigned to 
 them by the Indian Forest Act, 1878. 
 
3.  Power to make rules regulating sale of timber and the establishment of      
 sale de - pots. - (I) The State Government may by notification in the '[Official 
 Gazette] makes rules to regulate the sale of timber and the establishment of sale 
 depots for such timber.  
 
 Such rules may among other matters- 
__________________________ 
I.  Substituted for the words "East Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951 
2.  Substituted for the words "Provincial" by Adaptation of Laws (Third Amendment)  Order, 1951. 
3. Punjab Gazette, 1913, Part V, page 92 
4.  Substituted for the word "Provincial" by the Adaptation of Laws Order, 1951. 
5. Substituted for the words "Local Official Gazette" by the Adaptation of Laws Order, 1950. 
6. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1951. 
7. Substituted for the words "Local Official Gazette by the Adaptation of Laws Order, 1950. 
 
(a)     prescribe the classes of timber to which the rules shall apply; 
 
(b)     define what shall be deemed to be a sale depot; 
 
(c)   provide for the establishment, registration, regulation and inspection of sale   
 depots, and the levy of fees for registration; prescribe the period for which  
 registration shall hold good and the condition under which timber may be  
 brought to, stored  at, sold at, and removed from sale depots; and prohibit the   
 sale of timber at, or the establishment or maintenance of, unregistered sale de -
 post; 
 
 
(d)   regulate the use of sale depot, mar ks and the registration of such marks; pre - 
 scribe the time for which registration shall hold good; and provide for the levy  
 of fees for registration; 
 
(e)   prescribe the registers to be maintained at sale depots, and provide for the 
 production of such  registers before, and for their examination by, any Forest or  
 Police Officer authorized in this behalf by the Divisional Forest Officer or by  the 
 District Superintendent of Police respectively; 
 
(f)    prescribe as penalties for the infringement of any rule made under this section,  
 imprisonment which may extend to six months or fine which may extend to Rs.  
 500 or both. Double penalties may be inflicted where the offence is committed  
 after sunset and before sunrise, or after preparation for resistance to lawful  
 authority, or if the offender has been previously convicted of a like offence. 
 
    (2)  All rules made under sub-section (1) shall be so made after previous publication in 
 the '[Official Gazette]. 
 
4.  Application of Chapter X of Indian Forest Act.- The provisions of Chapter X of 
the Indian Forest Act, 1878, with the exception of section 67, shall apply so far as may  be 
to any infringement of the rules made under this Act as if such infringement were a  
forest-offence under the Indian Forest Act. 
 
5. Indemnity for acts done in good faith. - No suit shall lie against any public servant 
for anything done by him in good faith under this Act. 
 
       General principles of interpretation. - When a statute is carefully punctuated and 
there is  doubt abo ut its meaning, weight should be given to the punctuation. But 
punctuation is a minor element in the construction of a statute and every little attention is 
paid to it by English courts. 
 
       Sub-section must be construed as an integral part of the enac tment. It is not  
legitimate for the  courts to re -write the sub -section, particularly when no repugnancy 
exists. 
 
 The illustration given along with a statutory provision neither curtails nor expands 
the meaning of the clause under which it finds place. At the same time an illustration is 
not exhaustive.  It is not to be readily assumed that an illustration to a section is 
repugnant to it. 
_______________________ 
1 Substituted for the words "Provincial" by the Adaptation of Laws Order, 1951. 
2 Ashwini Kumar v. Abrindra Bose, 1953 SCR 1: AIR 1952 SC 369. 
3 Madanlal v. Sree Chandan Sugar Mills, AlR 1962 SC 1543. 
4 Madan Lal v. Sree Chandan Sugar Mills, AIR 1962 SC 1543. 
5 Jumma Masjid v. Kodimaniandra Deviah, AlR 1962 SC 847. 
 
      The presumption is in favour of the constitutionality of a legislation and one has to 
resume that the legislature understands and correctly appreciates the needs of its people. 
 
      Proviso and its effect. - A proviso to a section is subservient to the, main provision 
of the statute. Provisos are generally inserted to remove misapprehensions. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
_________________ 
 
1. Ram Parshad v. State of Bihar, 1953 SCR 1129: AIR 1953 SC 215. 
2. S. Asia v. Sarup Singh, AIR 1966 SC 346. 
3  Madan Lal v. Saree Chanden Sugar Mills, AIR 1962 SC 1543. 
 
 

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