R.1 Short title and commencement

       (1) These rules may be called the Orissa Timber and Other Forest Produce Transit Rules, 1980.
        (2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Definitions

       (1) In these rules, unless the context otherwise requires-
       (a) "Act" means the Orissa Forest Act, 1972 (Orissa Act 14 of 1972);
       (b) "Contract area" means area covered by a forest contract;
       (c) "Checking Station" means any place specified in this behalf to be a checking station and notified by the Divisional Forest Officer in the Official Gazette;
       1[(cc)"Depot" means any place where timber including sawn sizes or any other forest produce is stored for trading purpose and includes a storage godown, show room, retail outlet and such other place;]
       (d) "Fire Wood" means wood which is unfit for any purpose other than fuel;
       (e) "Foreign transit permit" means a permit

R.3 Routes

       (1) Land routes : The Chief Conservator of Forests shall notify from time to time in Official Gazette, the routes in the State of Orissa through which forest produce may be imported, exported or moved into from or within the State.
        (2) Water routes : (a) The rivers and their banks as specified in Schedule shall be available for transport of forest produce.
        (b) No person shall cause any diversion to the water routes or cause obstruction in the channels or on banks of the river specified in Schedule I.
       (c) The Collector of the district shall have the power to order the removal or any obstruction on the banks or the channels or destruction of unauthorised diversions of any river specified in Schedule I and to recover the cost thereof from the person or persons responsible for such obstruction o

R.4 Transit permits

       Except as provided in Rule 5, all forest produce in transit by land, rail or water shall be covered by a permit hereinafter called the "Transit Permit" to be issued free of cost by the Divisional Forest Officer or by Assistant Conservator of Forests authorised by him in that behalf :
        Provided that the Range Officer or a Forester when duly authorised in that behalf by the Divisional Forest Officer may issue transit permit in cases where no verification at the stump site is necessary :
        Provided further that in respect of a minor forest produce collected by the Orissa State Tribal Development Co-operative Corporation Ltd., a Branch Manager or a Divisional Manager and in respect of tassar cocoon collected by the State Tassar Co-operative Society Ltd., Orissa, the Assistant Director of Sericulture can issue transit permits:
  &

R.5 Cases in which permit shall not be required

       (1) No transit permit shall be required to cover transit of forest produce in the following cases, namely :
       (a) for the transit from the contract area of forest produce purchased by the Forest Contractors whose contracts are governed by the Orissa Forest Contract Rules and duly covered by a coupe permit;
       (b) for the transit of forest produce whose removal is covered by Forest Department permits;
       (c) for the transit of minerals leased out under the Mineral Concession Rules;
       (d) for the transport of 1[Bamboo] timber and fire-wood bearing Orissa Forest Departments hammer mark where removal is covered by depot permit;
       (e) for removal of forest produce other than timber, bamboos and minerals of any descriptio

R.6 Form of permit

The transit permit shall be in Form No.I.

R.7 Application for permit and orders thereon

       (1) Persons desiring to remove forest produce under Rule 4 shall apply for transit permit to the Forest Officer having jurisdiction in Form II or Form III, as the case may be, together with the declaration and undertaking as embodied therein.
        2[(1-a) Persons desirous of removing forest produce mentioned in Schedule III to destinations outside the State shall apply in Form III-A, as an affidavit confirming the ownership of the produce to be exported, the details of the species and the number of logs with dimensions.]
        (2) On receipt of application, the Forest Officer having jurisdiction shall cause an enquiry, where necessary in the manner prescribed hereinafter, before issue or refusal of transit permit :
        1[Provided that no enquiry may be necessary in cases mentioned in Sub-rule (1-A) if the

R.8 Establishment and operation of Depots

       No person shall establish or operate a depot without due intimation to the Divisional Forest Officer having jurisdiction and every owner of 'Depot' shall submit such reports and returns to the D.F.O. as prescribed by him for the purpose of regulation of depot from time to time.
1. Substituted vide SRO No. 420/2006 dt. 1.7.2006 OGE No. 941 dt. 3.7.2006.

R.8(a) Depot permit

       The Divisional Forest Officer may from time to time notify the places other than rail heads, river banks, saw mills and factory premises wherefrom owners having depots of timber and firewood billets bearing Forest Department hammer mark and bamboo, may remove such materials by using depot permits issued previously by or with the permission of the Divisional Forest Officer.
2. Inserted vide SRO No. 420/2006 dt. 1.7.2006 OGE No. 941 dt. 3.7.2006.

R.9 Form of depot permit

       1[Depot permit shall be in Form IV and shall be valid for transit of timber, bamboo and firewood within the jurisdiction of the Division, issuing Depot of Permit Book. Permits shall be in triplicate and bound books. Each book shall bear an identifying number and the permits in each book shall be numbered serially. Before issue, each page of the permit book shall be rubber stamped with the name of the produce, "Bamboo", "Timber" or "Firewood", as the case may be, for which it shall be used.]
1. Substituted vide SRO No. 420/2006 dt. 1.7.2006 OGE No. 941 dt. 3.7.2006.

R.10 Conditions regulating use of depot permits

       An owner of the depot to whom permission 1[has been given under Rule 8-A] shall abide by the following conditions, namely :
       (a) He shall pay security deposit duly pledged to the said Divisional Forest Officer at 5 per cent of the market value of the maximum quantity 2[of timber or bamboos or firewood] or all of these three major forest produces that he may store at any time subject to a minimum of rupees one thousand for the due observance of the provisions of these rules :
        3[Provided that the Chief Conservator of Forests may exempt wholly or partly any Government Department or any State owned undertaking or Corporation or any Cooperative Society from payment of security deposit prescribed under this rule];
       (b) He shall not bring or store at his depot any forest produce other than 2[bamboo or

R.11 .

       In case of contravention of any of the provisions of Rule 10 by any person who has been permitted by the Divisional Forest Officer to use depot permit, such permission is liable to be cancelled and the security deposit paid by such person may, in whole or in part, be forfeited by the Divisional Forest Officer without prejudice to any action that may be taken against him under Rule 21 :
        Provided that before the order of forfeiture is passed, the owner of the depot shall be given a reasonable opportunity of being heard.

R.12 Retention of transit permit

Any person, to whom a transit permit is issued under these rules shall be bound to follow the direction given in the transit permit and to retain it with him so long as the forest produce covered by the transit permit, remain in his possession and to produce it for inspection at any time before it is disposed of if and when required by any Forest Officer not below the rank of a Forester.

R.13 Checking of transit permit

       (1) Forest produce in transit by land, rail or water is liable to inspection by any Forest Officer or Police Officer, not below the rank of Sub-Inspector or by a Revenue Officer not below the rank of a Tahasildar, or by the Divisional Manager of the Orissa Tribal Development Co-operative Society Ltd. or by the Assistant Director of Sericulture of the State Tassar Co-operative Society Ltd., Orissa for formal prosecution and handing over the cases to the Forest Officer and the transit permits shall be produced on demand before any such officer. All boats, carts, vehicles or other means of conveyance used for transportation of such forest produce shall be stopped by the person in-charge under demand by any such officer, who may open and search any baggage or other things in the possession of such person or transported in the same conveyance, where there are reasonable grounds for believing that an offence under the Act, or these

R.14 Hammer and property mark

       (1) Subject to Sub-rule (1) of Rule 15 all timbers including round wood billets of and above sixty cm. mid-girth and ninety cm. length which are also fit for purposes other than fire-wood, while on transit should bear the Orissa Forest Department hammer mark and registered property mark of the owner.
        (2) When the ownership of timber and round wood billets of the specifications mentioned in Sub-rule (1) above is changed, it shall be indicated by a fresh registered mark; if not, it will be sufficient if it bears the registered property mark of the original owner provided that the transferee can prove by production of receipts that he is in the legal possession of such produce.

R.15 Registration of property mark

       (1) All property mark shall be registered in the office of the Divisional Forest Officer of the Division from whose jurisdiction the timber, including round wood billets, move and shall be subject to the previous approval of the said Forest Officer, provided that if the timber including the round billets are moved within the jurisdiction of more than one Forest Division, it shall suffice for the registration to be made in the office of the Divisional Forest Officer of the Division, from whose jurisdiction the timber including round wood billets first move :
        Provided that sufficient copies of facsimiles of such property mark are sent to the Divisional Forest Officer under whose jurisdiction the timber and round wood billets pass.
        (2) Application for registration of property mark shall give particulars of the origin of the timber includi

R.16 Checking of timber raft in route

Each timber raft floated in a river shall bear the Orissa Department hammer mark and registered property mark on either ends of the logs and also on the upper surface of each log in the raft to facilitate checking en route.

R.17 Import of forest produce from outside

All forest produce imported into the State of Orissa shall be covered by a transit permit issued by the Divisional Forest Officer of the Division from which the forest produce is exported and in case of timber including round wood billets, it should bear the checking hammer impression of the exporting State and the registered property mark of the owner of the produce under Rule 18 below.

R.18 Registration-fee for import of forest produce

The property mark for all cases referred to in Rule 17 above should be registered in the office of the Divisional Forest Officer of the Division through which the timber and round wood-billets shall move at the first instance, on payment of registration fee of rupees ten for one year.

R.19 Foreign transit permit

       Any forest produce imported into the State of Orissa may be transported under Foreign Transit Permit within the limit of the State of Orissa subject to the following conditions, namely:
       (a) in case of transport by road up to first checking station in the boarder;
       (b) in case of transport by rail up to railway depot of the destination railway station;
       (c) in case of transport by sea up to the limits of the destination port area; and
       (d) in case of transport by air up to limit of destination air port.

R.20 Issue of fresh transit permit in lieu of foreign transit permit

       (1) When forest produce is sought to be removed from the area mentioned in Rule 19, the Divisional Forest Officer of the Division, in which the area lies shall, on application by the owner, issue transit permit free of charge in lieu of the foreign transit permit after necessary verification, for movement of the produce within the State of Orissa.
        (2) Certified copies of the form in which transit permit is issued by the exporting Divisional Forest Officer along with the certified impressions of the seal under which the transit permits will be issued, shall be sent to the Divisional Forest Officer mentioned in Rule 17 for records in his office and the office of the concerned Divisional Forest Officers.

R.21 Penalties

       Whoever contravenes any of the provisions of these rules shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to five thousand rupees :
        Provided that where offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted for a like offence, the offender shall be inflicted punishment with imprisonment for a term which shall not be less than three years but which may extend to seven years and with fine which may extend to ten thousand rupees.]
       CASE LAWS :
        Orissa Forest Act, 1972 - Sec. 56 - Vehicle involved in commission of a forest offence - Confiscation of vehicle - No proceeding for the alleged forest offence itself has been initiated - St

R.22 Savings and repeals

       (1) The Orissa Timber and Other Forest Produce Transit Rules, 1967 and Transit Rules framed under the Madras Forest Act, 1882 (hereinafter called the said Rules) in their application to the State of Orissa are hereby repealed, with effect from the date these rules come into force.
        (2) Notwithstanding such repeals all acts done, proceedings taken and orders issued, under the said rules, before the commencement of these rules, shall continue to have force and effect as if these rules have not come into force.

Sch.1 SCHEDULE - I

       SCHEDULE - I
       [Vide Rule 3 (2) (a)]
       Name of rivers
       Mahanadi, Kathjori, Kuakhai, Bhargavi, Brahmani, Ramial, Tikirial, Maku Nalla, Jautuk, Gohira, Samakoi, Baitarani, Salandi, Kusai, Kusal, Budhabalang, Sona, Gangadhar, Deo Jambhira, Tel, Baghanadi, Salunki, Mahuani, Ib, Aung, Tanta, Jira, Kharasrota, Devi, Vansadhara, Rusikulya, Sileru, Saberi, Nagavati, lndravati, Kulab, Machhkund with all its branches and tributaries.
       FORM I
       (Vide Rule 6)
       Forest Department, Orissa
       TRANSIT PERMIT
        Book No.............
        Transit Perm

Sch.2 SCHEDULE II

       1[SCHEDULE II
       [Vide Rule 4, Fourth Proviso]
       Name of species to which provision in these rules regarding "Farm Forestry" and "Forest Farming for the Rural Poor" plantations will not apply
        Sl. No. Scientific name Vernacular Name
        1. Adina cordifolia Kurum
        2. Artocarpus heterophyllus Panas (Jackfruit)
        3. Bridelia retusa Kasi
        4. Daibergia retusa Sissoo (Rosewood)
        5. Gmelina arboreta Gamhar
        6. Mangifera indica Amba (Mango)
        7. Michelea Champaca Champa
 

Sch.3 SCHEDULE III

       2[SCHEDULE III
       [Vide Rule 5 (1) (J)]
       Sl. No. Scientific Name Vernacular Name Area where no Transit Permit is required
       1 2 3 4
       1. Bambusa nutans Sundar-Kani Whole State
       1 2 3 4
        Bambusa Vulgaris Badi-baunsa Whole State
        Bambusa tulda Bolangi-Baunsa Whole State
       2. Samanea seman Bada chakunda Whole State
       3. 1[* * *]
       4. 1[* * *]
       5. Cassia siamoa Sana Chakunda Whole Sta