(Updated in 2024) As Amended by S. R. O. No. 877/2024 dt. 03/10/2024 - Amendments in Rule 2(b) , Rule 3(1), Rule 11(2) (Sections 39, 40 and 76) S.R.O. No. 76/76.- In exercise of the powers conferred by Sections 39, 40 and 76 of the Kerala Forest Act, 1961 (4 of 1962) and in supersession of (i) the rules published under G.O. (P) No. 631 Agriculture (Forest B) Department dated 10th June, 1959, in the Kerala Gazette No. 26, Part I dated the 30th June, 1959, and (ii) the rules published by the former Government of Madras under G.O. MS. No. 2762/Agri. dated the 26th November, 1955, as in force in the Malabar District referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), the Government of Kerala hereby make the following rules, namely:--

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S.1 Short title and commencement

(1) These rules may be called the Kerala Forest Produce Transit Rules, 1975.

(2) They shall come into force at once.

S.2 Definitions

In these rules, unless the context otherwise requires,-

 (a) "Act" means the Kerala Forest Act, 1961 (4 of 1962);

 (b) "Form" means a Form appended to these rules ²[or a Form as per National Transit Pass System].

 ¹[(c)  forest produce in transit includes 'forest produce' as defined in sub-clause (f), 'timber'; as defined in sub-clause (k), and 'tree' as defined in sub-clause (l) of Section 2 of the Act, found on or on the margin of any public road, whether loaded in carts or other vehicles or not and forest produce found in any river or stream whether tied into rafts or not];

S.3 Import, export and transport of timber and other forest produce

(1) No person shall;

 (i) import timber or other forest produce into the State; or

 (ii) export timber or other forest produce from the State; or

 (iii) transport timber or other forest produce by land, by rail or by water in any part of the State, unless such timber or other forest produce is accompanied by a pass required by these rules, and unless the timber is stamped by a Government stamp or a stamp registered as laid down in Rule 11 ³[or Transit Pass or No Objection Certificate issued through online National Transit Pass System. The Transit Pass or No Objection Certificate shall be issued by a person duly authorized under these rules or as per the online National Transit Pass System. The Transit Pass or No Objection Certificate issued as per the National Transit Pass System shall also be valid within the State of Kerala].

 ¹[(2) Government may by notification in the Gazette exempt any spe

S.4 Form and issue of passes

(1) (a) All passes issued by the officers of the Forest Department, whether for export to places outside the State or for transport within the State, of timber and other forest produce shall, except as provided in Rules 5, 6, 7 and 8 be in Form III and shall be printed in triplicate, and shall have all the columns filled up by a duly authorised officer who shall sign and date each part, hand over the original to the applicant, send the duplicate to the officer-in-charge of the Division or Range, as the case may be, and keep the triplicate attached to the book as a counterfoil for record in his office.

 (b) Export passes shall be printed on red paper and marked "Export way permit" and shall be issued by the Divisional Forest Officers or other officers authorised in that behalf by the Chief Conservator of Forest on production of proof that the articles mentioned has been properly obtained and subject also to clause (iii) of the sub-rule (1) of Rule 3 wherever necessar

S.5 Passes for import or transport

(1) In the case of forest produce imported from other States the pass shall be in Form IV printed on red paper ¹[or as per National Transit Pass System]. In the case of timber transported from place to place within the State by merchants or others who have registered their property marks, the pass shall be in Form IV printed on white paper, the forms being obtained from the Forest Department. The language used in this case must be English, Malayalam, Tamil or Canarese.

 (2) Passes in Form IV (white) shall be in triplicate and shall have all the columns filled up by the owner of the depot or his authorised agent, the original shall be handed over to the person authorised to move the timber and the triplicate shall be kept as a counterfoil for at least one year from the date of issue, and shall be produced for inspection at any time within that period on demand by any Forest Officer not below the rank of a Forester. The duplicate shall be sent to the D

S.6 Passes for transport of Government timber and other Forest produce

Passes for transport of Government timber and other forest produce from a forest to a sale depot or from one sale depot to another or from one place to another within the State shall be in Form V in quadruplicate, and issued by the Range Officer, Depot Officer or other Officer authorised by the Divisional Forest Officer whether such timber is worked down by Forest subordinates or by contractors employed by the Forest Department for the purpose.

S.7 Issue of subsidiary pass book

(1) Where any difficulty is experienced by forest subordinates or contractors in moving in one consignment all the timber and other forest produce covered by a single Form No. V pass, the Divisional Forest Officer may issue to the subordinate on duty a numbered pass book, known as subsidiary pass book in Form VI and shall at the same time authorise the Forest subordinate to issue one of these as a subsidiary pass for each load or raft. Form VI passes shall be in quadruplicate and shall be printed on white paper. The original and the duplicate should accompany each consignment of forest produce transported, the triplicate shall be sent to the Forest Officer, who issued the main pass and quadruplicate kept as counterfoil. When the produce is received in the depot, the Depot Officer shall acknowledge the receipt of forest produce in the duplicate copy indicating difference if any and return the same to the Forest Officer who issued the main pass. These passes will take the place of the

S.8 Passes for removal of fuel, charcoal etc.

(1) Passes for the removal of ⁹[fuel wood], charcoal, bamboos, reeds, incha and other forest produce, purchased from reserved forests or unreserved Government lands on payment of the prescribed seigniorage fees, shall be in Form VII printed in triplicate, and shall be issued by the Range Officer of the range or any other Officer specially authorised in this behalf by the Conservator of Forests.

 (2) In Divisions where transport of reeds is effected by land in head-loads, head- load passes shall be issued in Form VIII whenever necessary. Passes for head-loads of reeds shall be in the form of tickets printed on card board or otherwise and shall have the description of produce and value entered on them, in print, besides the passes being consecutively numbered, on both their right and left hand edges in print and perforated in the middle. Each pass shall be printed in the same denomination, namely for one head- load of thirty reeds, valued at Rupee one only

S.9 Passes not to be valid if not duly filled up etc.

Passes issued under these rules shall not be valid unless all the columns have been filled up and unless they have been duly signed and dated, and in the case of passes issued by Forest Officers unless also stamped with the official seal of the Forest Officer concerned and in the case of those issued by merchants and others unless they are also stamped with their registered property mark.

S.10 Passes to accompany the timber or forest produce, etc.

(1) Passes issued under these rules shall invariably accompany the timber and other forest produce which is in transit and any vehicle carrying such timber or other produce shall be stopped for inspection at all established Forest Watch Station/Forest Checking Stations on the routes and also when demanded by any Forest Officer in uniform so as to make it possible for him to check the produce in transit.

 (2) It shall not be lawful to take any timber or other forest produce by any route other than that mentioned in the pass or to take any timber or other forest produce off any road or river on the prescribed routes on which a watch station or checking station has been placed, with the intention to evade the production of the article at the watch station or checking station. The quantity of timber or forest produce must not be greater than or different from that entered in the pass and, if it is less, the quantity actually passed every time shall be entered on the bac

S.11 Passes in general and checking

(1) A pass issued under these rules shall not be for more than one unit of transport, for example, one raft, one cart-load, one boat-load, one lorry-load, one waggon-load, etc.

 (2) All passes shall be ¹[as per National Transit Pass System or] written in ink or copying pencil using carbon paper.

 (3) Copies of passes prescribed by these rules to be sent to the Depot Officer, Range Officer and Divisional Forest Officer shall be despatched by post or messenger within 24 hours of issue.

 (4) Supply of forms of subsidiary passes will be on realisation of value that may be fixed by the Government from time to time from the party at whose instance such passes are issued.

 (5) All timber in transit must, for purposes of identification be stamped at both ends. All timber covered by passes issued by Forest Officers shall be stamped with a Government stamp, and all timber covered by passes issued by timber merchant

S.12 Property marks

(1) Merchants or other persons trading in timber may register their property marks and it shall not be lawful to use any property mark which has not been registered. The application for registration of property mark shall be submitted to the Divisional Forest Officer and shall contain the name of the Depot, trading licence No. if any and the approximate quantity of timber which the applicant intends to deal with during the financial year and shall be accompanied by 25 impressions of the property mark. The Divisional Forest Officer shall cause necessary enquiries being made about the antecedents of the applicant and if he is satisfied that there is no objection in granting the property mark may issue a certificate of registration in Form No. IX. A property mark registered shall be valid only for the particular depot mentioned in the certificate of registration. If a timber trader runs Timber Depots in more than one place, he shall register his property mark separately for each Depot

S.13 Checking stations

The Chief Conservator of Forests may, by notification in the Gazette, open new checking stations or close those in existence at any time and they shall be considered as opened or closed, as the case may be, from the date of publication of such notification in the Gazette.

S.14 Removal of obstruction of waterways

(i) If any tree falls or if any timber sinks or lies floating in the water of any river, stream, canal, creek, or other channel, natural or artificial, in such a manner as to obstruct the passage of boats or timber rafts the person in occupation of the ground where the tree was growing or the person in charge of the timber which has sunk or lies floating shall within 24 hours cause the removal thereof.

 (ii) Any person whose boat or timber raft is obstructed in its passage, or any officer of the Revenue, Police, Public Works or Forest Departments may forthwith cause the removal of any such obstruction and may report the fact to the nearest Magistrate having jurisdiction, whose order as to the recovery of expenses thus incurred shall be final.

S.15 Obstruction of waterways

It shall not be lawful to close or obstruct a stream or river or channel or other waterway natural or artificial, by throwing timber, brushwood, stones or earth or any other material, or in any other manner so as to prevent or obstruct the floating or rafting of timber or passage of boats. Such obstruction may be removed by any Officer of the Forest, Revenue or Police Department and the cost of such removal shall be recovered from the person causing such obstruction in addition to any punishment to which he will be liable under Rule 23.

S.16 Protection of timber on river banks etc.

All timber stored on the banks of rivers, streams, canals, creeks and other channel natural or artificial or in places which are liable to be flooded, shall be securely fastened by rope or chains to posts driven securely into the ground or to trees or other naturally secure holds, to prevent the timber being floated away by the water.

S.17 Regulation of floating of timber

Unless otherwise provided in any other law relating to public canals and public ferries for the time being in force, the floating of timber in rivers, streams, canals, creeks and other channels where it has to pass bridges, locks, or other public works shall be regulated as follows:-

 (a) Timber rafts shall not exceed 45 metres in length;

 (b) Timber rafts shall not exceed in width one half of the narrowest span of any bridge, or one half of the narrowest portion of any lock or other public works past which the timber has to be floated;

 (c) A timber raft is being passed through a bridge, lock or other public works shall have the following number of able-bodied persons in charge of it :-

        Persons

 for a raft under 15 metres in length   2

 for a raft above 15 metres, but below 30 metres  3

 for a raft above 30 metres, but be

S.18 Powers of Officers

All Revenue Officers not below the rank of Village Officer, all Police Officers not below the rank of a Head Constable, all Forest Officers and all Officers in charge of bridges, locks or other public works shall have power to seize or detain :

 (a) all timber stored in contravention of Rule 16;

 (b) all timber rafts until reduced to proper dimensions prescribed in these rules;

 (c) all timber rafts which are being floated in contravention of Rule 17 until the required conditions are fulfilled and

 (d) all timber which has caused damage to bridges, locks, or other public works. 

S.19 Report of officers

The person making the seizure or detention under Rule 18 shall, without delay, report the fact to the nearest Station House Officer of Police.

S.20 Disposal of Reports

The Station House Officer of Police shall thereupon report the fact to the nearest Magistrate who may pass such orders on it as he may deem fit.

S.21 Damages

The amount of damage caused shall be assessed by the Public Works Division Officer in whose charge the bridge or other public work is, but the Chief Judicial Magistrate of the district may revise the assessment so made and his order thereon shall be final.

S.22 Storing on and transport across private lands

(1) Any Officer of the Forest Department may store timber or other forest produce which is the property of the Government on private lands or transport such timber or other forest produce across such land if such a step is necessary, and if any damage or loss is caused by such storage or transport, fair compensation shall be paid for the same.

(2) The compensation to be paid under sub-rule (1) shall be assessed by the Divisional Forest Officer. 

S.23 Penalties

(1) Whoever commits any contravention of any of the provisions of these rules shall on conviction by a Magistrate be punished with imprisonment for a term which may extend to six months or with a fine which may extend to rupees five hundred or both.

(2) In cases where any offence was committed after making preparation for resistance to the execution of any law or any legal process or where the offender has been previously convicted of a like offence, the convicting Magistrate may impose double the penalty specified in sub-rule (1).

S.24

KERALA FOREST DEPARTMENT

FORM No. I

[See Rule 3(2)]

Application for clearance order for the export of Forest Produce

1. Name and address of the person/company exporting forest produce.

2. Name of produce.

3. Description of logs Log No. length x girth Cubical contents.
(As it is originally stored at the time of transport).

In the case of other forest produce, please give the quantity.

4. Marks for identification.

5. Whence obtained Place, depot or range, division and State.

6. How obtained Sale from Government Department/Private
Depot/from private land (Name and also Survey No. in the
case of private lands to be specified).

7. (a) If the log has been reshaped or otherwise converted,
&

S.Kerala Forest Produce Transit (Amendment) Rules, 2024 All Amendments Incorporated at Appropriate place

GOVERNMENT OF KERALA

Forest and Wildlife (B) Department

NOTIFICATION

G.O.(P)No.16/2024/F&WLD Dated,Thiruvananthapuram, 30th September, 2024 14th Kanni, 1200 8th Aswina, 1946

S. R. O. No. 877/2024 In exercise of the powers conferred by sections 39, 40 and 76 of the Kerala Forest Act, 1961 (4 of 1962), the Government of Kerala hereby make the following rules further to amend the Kerala Forest Produce Transit Rules, 1975 issued under G.O.(P) No.349/75/AD dated 22nd November, 1975 and published as S.R.O.No.76/76 in the Kerala Gazette No.3 dated 20th January, 1976, namely:--

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