STATE OF BIHAR Vs. RANCHI TIMBER TRADERS ASSOCIATION

JUDGEMENT

(1.) Eight writ petitions were allowed by Division Bench of the Patna High Court holding that the Rules for the establishment of Sawpits and establishment and regulation of depots farmed in the year 1983 by the State Government, Bihar in purported exercise of powers conferred under Section 41, 42 and 76 of the Indian Forest Act, 1927 were in excess of delegation or authorisation, exceeding mandate, and hence a colourable exercise. On the basis of these rules, a public notice was given by the Chief Conservator of Forest, Bihar to the effect that the rules required all owners of Saw-pits and depots to obtain licences in terms by 28-2-1983, and as a consequence if any Saw-pit or depot was found unlicensed from 1-3-1983, that would attract action and penalties under the rules. We are required to examine the correctness or otherwise of such, view of the High Court.

(2.) Straightway, we go to the Act and the provisions whereunder the State Government claims to have framed the 1983 rules. As is clear from the prefatory portion of the rules, those are Sections 41, 42 and 76 of the Indian Forest Act, 1927. Section 41 empowers the State Government to make rules to regulate the transit of forest produce. Sub-section (1) of Section 41 provides that the State Government can make rules regulating the transit of all timber and other forest produce by land or water Clause ((e) of sub-section (2) provides for the establishment and regulation of depots to which such timber or other forest produce shall be taken by those in charge of it for examination, or for the payment of such money, or in order that such marks may be affixed to it; and the conditions under which such timber or other forest produce shall be brought to, stored at and removed such depots. Section 42 is supportive of Section 41 inasmuch as it empowers the State Government to frame rules prescribing penalties for breach of the rules in terms of punishment of imprisonment and imposition of fines. Section 76 apparently is all comprehensive for it provides the State Government the additional powers to make rules. Clause (d) thereof, authorises the State Government to make rules generally, to carry out the provisions of the Act.

(3.) Now, the High Court had taken the view that regulation of the business of timber and forest produce at Saw-pits and depots is not covered by either of the three sections above-mentioned.