NORTH CACHAR TIMBERS PRODUCTS AND MRS. USHA VASUDEV AND ORS. ETC. ETC. Vs. STATE OF ASSAM, THE CONSERVATOR OF FORESTS, NORTH EASTERN CACHAR HILLS AUTONOMOUS DISTRICT COUNCIL AND ASSTT. CONSERVATOR OF FORESTS, HATIKHALI RANGE AND ORS. ETC. ETC.

JUDGEMENT

(1.) IN these 4 petitions common question involved is whether transit pass, as required under Rule 2 of the Transit Rules framed under Section 40 of the Assam Forest Regulations, 1891 (hereinafter referred to as 'the Regulations') is applicable for transporation of Veneer. As such, the petitions are disposed of by this common judgment.

(2.) ACCORDING to the Petitioners Veneer is manufactured from logs/timbers as a finished product. Forest trees felled are cut into pieces which are called logs/timber. The Forest Deptt. measures the logs, notes the measurement in Log Measurement Book and collects royalty according to the approved rates and release the same by affixing stamps to the Contractors for free sale. For manufacturing Veneer, those logs are taken to the mill - a power operated rotary and peeling machine. The logs are sectioned in the mill according to the required size, of Veneers i.e. from 3' to 8' in length and "4 to 5" in breadth. The bark of the logs are removed. The sectioned logs are fitted in the peeling machine. The two chocks from the opposite side hold the logs tightly and with the help of power logs moves in circular motion and touch the knife lilted into carriage in force, then thin layers of timber comes out. These thin layers are further cut into piece according to size required -which arc called Veneer. Veneer is used only for the purpose of manufacture of plywood, as such, it is neither timber nor wood. Veneer is a finished product brought out by human labour and machine and is a distinct commodity having a distinct character.

(3.) THE Respondents have filed affidavit -in -opposition. In the affidavit -in opposition Respondents have not denied the statement of the Petitioner about the treatment, labour and manipulation in the Veneer mill for producing veneer out of logs or timber. But the Respondents contention is that inspite of undergoing the process of change, veneer continues to remain a forest produce, namely, 'timber' and retains the character of timber. As such, as per provision of Rule 2 of the Transit Rules framed under Section 40 of the Regulations, for movement of veneer, TP is necessary.