Draft Himachal Pradesh Forest (Sale of Timber) Rules, 2009.

In exercise of the powers vested under section 3 of H.P. Sale of Timber

Act 1968 (Act 18 of 1968) the Governor Himachal Pradesh is pleased to make
the following rules under this Act.
1(1) These rules may be called the Himachal Pradesh Forest (Sale of Timber)
Rules 2009.
1(2) These shall extend to whole of Himachal Pradesh.
1(3) These shall come into force from the date of issue of this notification.
2(i) Timber includes trees when they have fallen or have been felled and all wood
whether cut-up fashioned or hollowed out for any purpose or not and shall
include the following species
Deodar (Cedrus deodara), vern. Deodar, diar; Blue pine (Pinus wallichiana),
vern. Kail, andar, anandar, biar: Chir pine (Pinus roxburghii), vern. chil; Spruce
(Picea smithiana) rai, tos, partal; Silver fir (Abies pindrow) vern. tos, rai, partal;
Chilgoza pine (Pinus gerardiana) vern. chilgoza, neoza; Sal (Shorea robusta)
vern. Sal; Shisham (Dalbergia sissoo) vern. shisham, tali; Sain (Terminalia
tomentosa) vern. Khan (Acacia catechu), vern. khair; Tun (Cedrella toona), vern.
Tuni, tuni; Semal (Bombax ceiba) vern. simbal; walnut (Juglans regia) vern.
akhrot; maple (Acer spp.), vernacular mandroo, Alder (Alnus nitida) vernacular
kick; Willow (Salix spp), vern. beuins; Ban Oak (Quercus leucotricophora), vern.
Ban; Mohru Oak; (Quercus dilatata), vern. mohru; kharsu oak (Quercus
semicarpifolia), vern. khamse; Horse chestnut (Aesculus indica) vern. khanor;
Bird Cherry (Prunus cornuta), vern. Jaman; Elm (Ulmus wallichiana) vern.
marihnu; Birch (Betula utilis) bhojpatar; Ash (Fraxinus floribunda) vern. ash,
sunnu; Nettle (Celtis australis) vern. khirak; Horn beam (Carpinus vimnea) vern.
chakri; (Anogeissus latifolia) vern. chhal.

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Timber includes imported timber species from outside Himachal Pradesh and
India.
2(ii) Depot means any building or place where timber is brought, processed or
stored for sale. Timber sale depot for this purpose will deal with procurement and
sale of timber and shall not install a saw or joinery. Saw mills for this purpose
shall only saw and not sell timber. Furniture shop shall only fashion timber in to
different sizes for manufacture of furniture and other wooden items and shall not
sell timber of commercial sizes. Saw mills are not permitted to convert fuel
wood/ pulpwood into packing cases.

3. No person shall establish or maintain a depot unless it is registered in

accordance with these rules.

4 .Any person wishing to establish or maintain a depot shall register the same in
the office of the Forest Division in which the depot is situated. The depot shall be
registered by the Divisional Forest Officer in charge of the forest division
indicating the khasra number on which it will be established along with the
village, tehsil and district .The depot holder shall give in respect of such depot
such details in regard to origin of timber as may be required by the Divisional
Forest Officer. Provided that DFO incharge of division shall register such depot
in scheduled areas (district Kinnaur, Lahaul & Spiti, Bharmour and Pangi area of
Chamba district) of the state only after consultations with the concerned
Panchayat in whose jurisdiction the depot is proposed to be located. Every person
registering a depot shall be and remain responsible for the observance of all rules
which may from time to time be notified by the Himachal Pradesh Government
under Section 3 of the HP Forest (Sale of Timber) Act 1968, provided that the
Divisional Forest Officer, with the approval of the Conservator, may exempt by

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order in writing any timber dealer from the operation of such rules as he may
consider necessary. Each depot registered under this rule shall be assigned a
number by the registering officer. In addition the name of Timber Sale Depot/
furniture shop shall be registered with Divisional Forest Officer along with name
of owner. This will be accomplished by the concerned DFO within six months of
the issue of notification of these rules.
Registration fee of Rs 5000/-(Rupees five thousand) shall be charged for initial
registration of depot. The renewal fee after 2 years shall be Rs. 1000/- (Rupees
one thousand).
5. The Officer-in-charge of the Forest Division may refuse registration for
reasons which shall be stated in writing, but an appeal against an order refusing
registration shall lie with the Conservator of Forests of the Circle concerned,
whose decision shall be final.
6 .Every person having a registered depot shall register his sale hammer mark in
the office of the Forest Division in which the depot is situated. The fee for
registration of sale hammer mark shall be Rs. 500/-.
7 .No person shall be allowed to register a mark already registered in favour of
another person, nor any mark used by Government, and the officer-in-charge of a
Forest Division may refuse registration of any mark which in his judgment so
closely resembles a mark used by Government or registered in favour of any
person as to be easily altered to counterfeit such mark.
8. The registration of a mark under rule 7 shall hold good for a period of three
calendar years from the date of such registration barring detection of misuse of
hammer mark it may be renewed after 3 years for another 3 years.
9(i).The owner or person-in-charge of a registered depot shall be required to
maintain a register printed and numbered to be issued by concerned R.O. as per
Annexure-I

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9(ii) The register of sales and removals of timber shall be in as per Annexure-II.
The Performa shall be in the form of a printed and page numbered register to be
issued by the concerned Range officer.
10. Every owner or person in charge of the Registered Depot shall produce the
above registers for scrutiny and checking of timber lying in the depot when called
upon to do so by the State Vigilance Officer or the Divisional Forest Officer or
any Forest Officer authorized by him in this behalf. Such official may at any time
enter a registered depot/saw-mill for such purpose.
11. No timber or processed timber shall be removed from any registered depot
until it has been marked with the registered sale hammer of the owner of the
registered depot.
12. Registered sale hammer shall be surrendered to the D. F. O. upon the
cancellation of any registration or on the death of the owner of the hammer mark
in whose name it has been registered.
13(i).No timber shall be removed from any registered depot unless accompanied
by a form of receipt prescribed by the Government. A period for transportation of
maximum of 3 days would be given.

13 (ii) All depots shall be bound to sell their timber within concerned range
boundaries only. For export outside the Range prior permission of Range Officer
shall be mandatory. For export outside the Division prior permission of DFO
shall be mandatory and for export outside the state the permission of the
concerned Conservator of Forests shall be mandatory.
13 (iii) No trade of timber or exchange by depot holders amongst themselves
shall be allowed

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13(iv) 1.All bills/cash memos shall be on Performa 1&2. They shall be machine
numbered, stamped and initialed by concerned Range Officer without which they
shall be treated as invalid.
2. A depot wise register on Performa 3 showing bill No. and date of issue shall be
maintained at the range office.
3. All depot holders shall submit a monthly abstract on Performa 4 showing the
total/receipt/sale and balance timber species wise along with bills of all purchases
and also bill issued for sale as on the last day of the month. This shall be
supplied to the Range Officer on or before 5th of every month to DFO.
4. Bill shall be in four/five copies only, the first for the purchaser, the second for
the depot holder and the third/fourth for DFO/RO and last for the check post if it
passes through it.
13(v) No timber shall be allowed to be sold /processed/ sawn/ converted during
transit i.e. during the period of operation of the time period in the receipt.
13 (vi). The transportation of timber will not be allowed after sunset and before
sunrise.
14. (i) DFO may cancel permission/ registration of sale depot on the grounds of
illegal timber in the premises, non maintenance of records required under rules,
no transaction for a period of 2 years, violation of IFA 1927 or unauthorized
activities.
(ii) The appeal of the cancellation order of the DFO shall lie with the
Conservator of Forests having territorial jurisdiction, whose decision shall be
final.
15. Whoever infringes any of these rules shall be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to Rs.
5000/- (Five thousand rupees) or with both. Double penalties may be inflicted
where the offence is committed after sunset and before sunrise, or after

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preparation for resistance to lawful authority or if the offender has been
previously convicted of any offence under these rules.