Law: Forests Act, 1927

Section: 41,2(4),2(6),2(7)

  (a) Forest Act (XVI of 1927), S. 41, read with S 2 (4), (6), (7) and Jhelum Firewood and Charcoal Depots Rules, 1950, rr. 2 to 9 Firewood and charcoal coming, or made from "timber", from any source (including privately owned trees), held subject to rules framed by Provincial Government.   Held that under clause (a) of subsection (4) of section 2, Forest Act, 1927 timber whether brought from a forest or not to be treated as "forest-produce". On the other hand trees not coming from a forest are to treated as "forest produce" under clause (b) (i).   Charcoal is covered by the definition of "forest-produce" and under clause (a) of subsection (4) of section 2 of the Act coal coming from a forest or not is included within the definition of the "forest- produce" for the purposes of the Act. Thus even the charcoal made out of privately owned trees growing on private land will be a" forest-produce" under the Act.   For the purposes of this Act once a tree has fallen or is felled or cut up it becomes timber irrespective of its kind, quality or use to which the wood is likely to be put. So long a tree is rooted to the earth and continues to receive its substance from the earth or is not felled it retains its character as a "tree" for the purposes of the Act. The Act does not recognize any distinction between different kinds and species of wood. A kikar tree for firewood remains a tree so long as it keeps standing with roots embedded to the earth. Once it is felled its wood is to be treated as "timber" for the purposes of the Act irrespective of the use to which it may be or is likely to be put. In this view of the definition a "tree" so long as it is growing on a privately owned land is not included in the definition of "forest-produce" but once it is felled and cut up it is converted into "timber" which is also included in the definition of "forest-produce" in the same way in which charcoal prepared from the tree will become a "forest-produce".   Wood or firewood irrespective of the fact it has its source or origin…