- (1.) Pursuant to the notice dated 25-8-2004 the reports of Divisional Forest Officers of Jodhpur, Pali, Nagaur and Barmer have been presented in Court today. Let the reports be taken on record.
(2.) The Divisional Forest Officers of Jodhpur, Barmer and Nagaur are present. According to them trees which are cut, removed or felled outside the forest area are beyond the jurisdiction of the Forest Department and they cannot take action in regard thereto. This is a misconception. It appears that definition of the forest produce as occurring in Section 2 (4) of the Rajasthan Forest Act, 1953 has not been taken note of. Section 2 (4) of the Rajasthan Forest Act, 1953 reads as under : "2 (4) "forest produce" includes. (a) the following whether found in, or brought from a forest or not, that is to say : timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds and myra, myrabolams, and (b) the following when found in, or brought from, a forest, that is to say : (i) trees and leaves, flowers and fruits and all other parts or produce not hereinbefore mentioned, of trees, (ii) plants not being trees (including grass, creepers, reeds and moss), and all parts of produce of such plants, (iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts of produce of animals, and (iv) peat, surface soil, rock and minerals (including lime stone, laterite, mineral oils and all products of mines or quarries);"
(3.) Thus, it is clear from the definition that timber, charcoal, caoutchoue, catechu, wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds and myra, myrabolams whether found in the forest or brought from the forest or otherwise falls within the definition of forest produce. Therefore, it is not correct to say that timber or wood which is not brought from the forest is not forest produce. According to Section 2 (8) of the Rajasthan Forest Act, 1953 "timber" includes trees, when they have fallen or have been felled and all wood, whether cut of fashioned or followed out for any purpose or not. Therefore, the word "timber which is used in Section 2 (4) of the Act when construed in the light of Section 2 (8) thereof would mean any tree or wood whether cut or not and whether brought from the forest or from outside the forest and shall fall within the mischief of Section 2 (4) of the Rajasthan Forest Act, 1953.;