ITARSI TIMBER MERCHANTS ASSOCN Vs. STATE

JUDGEMENT

(1.) This petition is one of the several petitions in which challenge is made to the constitutional validity of provisions of the M.P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984 and the rules framed thereunder. Challenge is also made in some petitions to the validity of R.27 of the M.P. Transit (Forest Produce). Rules, 1961. The points urged in all the connected petitions are considered and decided here.

(2.) A brief reference may be made at the outset to the relevant statutory provisions in the background of which the questions raised in this batch of petitions have to be considered. The Forest Act, 1927 is an Act to consolidate the law relating to forest, transit of forest produce and the duty leviable on timber and other forest produce. The M.P. Van Upaj (Vyapar Viniyaman) Adhiniyam, 1969 makes provision for regulating in the public interest the trade of certain forest produce by creation of State monopoly in such trade and it applies to the 'specified forest produce' as defined in S.2(1) of that Act. All kinds of timber, though forest produce, is not 'specified forest produce' and accordingly timber which is not 'specified forest produce' within the meaning of the 1969 Act is not governed by that Act. The Forest Act, 1927 does not apply to 'specified forest produce' which is governed by the 1969 Act. Section 41 of the 1927 Act contains the rule making power to regulate transit of forest produce and clause (h) of Sub-Sec. (2) therein provides particularly for the rule making power to prohibit absolutely or subject to conditions within specified local limits the establishment of saw-pits, the converting, cutting etc. of timber. Section 42 provides the penalty for breach of rules made under S.41. Section 76 confers additional rule making power to the State Government and one of the purposes mentioned therein is the preservation, reproduction and disposal of trees and timber. The M.P. Transit (Forest Produce) Rules, 1961 have been framed in exercise of this rule making power under the Forest Act, 1927. Rule 3 regulates transit of forest produce by means of passes. Rule 17 deals with registration of property marks to be attached to timber. Rule 27 which has been challenged in some of the petitions prohibits conversion of timber within specified limits or the establishment of saw-pit for the cutting, converting or fashioning of timber without the previous sanction in writing of the specified forest officer. As earlier stated, the 1969 Act was enacted to provide for 'specified forest produce' which does not cover all kinds of timber. In exercise of the rule making power conferred by S.21 of the 1969 Act the State Government has made rules known as M.P. Van Upaj (Vyapar Viniyaman) Kashtha Niyam, 1973. Rule 7 therein relates to registration of manufacturers, traders and consumers of specified timber. Sub-rule (4) of R.7 requires every registered manufacturer, trader and consumer of the specified timber to maintain accounts of specified timber and submit returns to Divisional Forest Officer in the prescribed manner.

(3.) In addition to the above statutory provisions, M.P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984 has been enacted to make provisions for regulating in the public interest the establishment and operation of saw-mills and saw-pits and trade of sawing for the protection and conservation of forests and the environment. This Act has replaced an earlier Ordinance to the same effect and has been applied from 15th Dec., 1983, the date on which the Ordinance had come into force. It has also received the assent of the President. Sec. 23 provides for the overriding effect of this Act over other laws relating to saw-mills and saw-pits. Section 24 provides for the savings in respect of ordinary operations of carpentry and any saw-mill or saw-pit owned by the State Government. In exercise of the rule making power given by S.32 of this Act, the State Government has framed the M.P. Kashtha Chiran (Viniyaman) Niyam, 1984 for the purposes of this Act.