(1) All timber found adrift, beached, stranded or sunk; all wood or timber bearing marks which have not been registered in accordance with the rules made under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise; and in such areas as the 1 [State Government] directs, all unmarked wood and timber; shall be deemed to be the property of Government, unless and untill any person establishes his right and title thereto, as provided in this Chapter.
(2) Such timber may be collected by any forest-officer or other person entitled to collect the same by virtue of any rule made under s ion 51, and may be brought to any depot which the Forest-officer may notify as a depot for the reception of drift timber.
(3) The 1 [State Government] may, by notification in the 2 [Official Gazette], exempt any class of timber from the provisions of this section.
(1. Subs. by the A.O. 1950, for “Provincial Government”.)
(2. Subs. by the A.O. 1937, for “Local Official Gazette”.)
Public notice shall from time to time be given by the Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber, and shall require any person claiming the same to present to such officer, within a period not less than two months from the date of such notice, a written statement of such claim.
(1) When any such statement is presented as aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts, and, retain the timber pending the receipt of an order from any such Court for its disposal.
(3) Any person whose claim has been rejected under this section may, within three months from the date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person shall recover any compensation or costs against the 3 [Government], or against any Forest-officer, on account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other person under this section.
(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has been delivered, or a suit has been brought, as provided in this section.
(3. Subs. by the A.O. 1950, for “Crown”.)
If no such statement is presented as aforesaid, or if the claimant omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46, or on such claim having been so preferred by him and having been rejected, omits to institute a suit to recover possession of such timber within the further period fixed by section 47, the ownership of such timber shall vest in the 3 [Government], or, when such timber has been delivered to another person under section 47, in such other person free from all encumbrances not created by him.
(3. Subs. by the A.O. 1950, for “Crown”.)
The 3 [Government] shall not be responsible for any loss or damage which may occur in respect of any timber collected under section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
(3. Subs. by the A.O. 1950, for “Crown”.)
No person shall be entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the Forest-officer or other person entitled to receive if such sum on account thereof as may be due under any rule made under section 51.
(1) The State Government 1 [may, by notification in the Official Gazette, make rules] to regulate the following matters, namely:—
(a) the salving, collection and disposal of all timber mentioned in section 45;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber; and
(d) the use and registration of hammers and other instruments to be used for marking such timber.
2 [(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.]
(2) The 3 [State Government] may prescribe, as penalties for the contravention of any rules made under this section, imprisonment for a term which may extend to six months, or fine which may extend to five hundred rupees, or both.
(1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “may make rules”.)
(2. Ins. by s. 2 and the Schedule, ibid.)
(3.Subs. by the A.O. 1950, for “Provincial Government”.)
Section 51.-In sub-section (2), for the words “six months, or with fine which may extend to five hundred rupees”, substitute the words “two years, or with fine which may extend to twenty-five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
