Section 45 of The Indian Forest Act, 1927
Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly.
- (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.
Summary
- Any timber that is found floating, beached, or stuck in a river is considered the property of the government unless a person proves they own it.
- This rule also applies to wood that has marks that are not registered or marks that have been changed or scratched off.
- The state government can decide that in certain areas, all wood without marks will also be treated as government property.
- Forest officers or other authorized people are allowed to collect this wood and take it to a special storage area called a drift timber depot.
- The government has the power to exempt certain types of wood from these rules by making a public announcement.
Practical examples
FAQ
1. Who owns timber found floating in a river under the Indian Forest Act, 1927?
According to Section 45 of the Indian Forest Act, 1927, all timber found floating, beached, or sunk is considered government property until someone proves they are the rightful owner.
2. What happens to wood with scratched off marks under the Forest Act?
Under Section 45 of the Indian Forest Act, 1927, any timber with marks that have been altered, defaced, or erased is deemed to be government property until a private title is proved.
3. Can a forest officer collect stray wood found on a beach?
Yes, Section 45 of the Indian Forest Act, 1927 allows forest officers to collect timber that is beached or stranded and bring it to a notified depot for drift timber.
Test yourself
1.Under Section 45 of the Indian Forest Act, 1927, which of these is NOT automatically considered government property until ownership is proven?
2.According to Section 45 of the Indian Forest Act, 1927, where should collected drift timber be taken?
3.Under Section 45 of the Indian Forest Act, 1927, who can collect drift timber?
4.Does the Indian Forest Act, 1927 allow the state to ignore its own drift timber rules for some wood?