Part II
CONTROL OF TIMBER IN RIVERS

WithintheareadeterminedbytheMinisterin accordance withtheprovisions of the foregoing paragraph, no person
being the owner of the timber or being authorized by the owner of the timber shall collect drifted timber, unless per-
mission has been obtained from the competent officer.

SECTION 44. A person receiving permission to collect drifted timber shall collect and keep the timber in compli-
ance with the terms specified in the ministerial regulations.

The drifted timber collected by the person receiving permission to collect the same shall be delivered to the competent officer without delay.

SECTION 45. In the months of February and August of each year the competent officer shall put up a public notice requiring the owner of such drifted timber to file his claim within the specified period, but not less than ninety days
from the date of such notice.

The competent officer, if satisfied with the evidence produced by the claimant, is empowered to order the return of
the drifted timber to such claimant. If the competent officer orders otherwise and the claimant is not satisfied with such an order, the claimant shall file a claim in Court within the period of thirty days from the date of knowing the order of the competent officer. If the claimant fails to file the claim within the specified period he shall have no further
right to exercise it.

In cases where the competent officer or the Court has not given the order declaring any person to be the owner of
the drifted timber, such timber shall belong to the State.

SECTION 46. A person who is entitled to receive the timber from the competent officer shall pay the cost of
reward to the person receiving permission to collect drifted timber and also a fee to the competent officer at the rates
specified in the ministerial regulations.

In cases where there is no person entitled to receive the timber from the competent officer, the reward shall be
paid to a person receiving permission to collect drifted timber by the competent officer at the same rates.

CHAPTER IV
CONTROL OF LUMBER

SECTION 47. The Minister shall have the power to determine any locality as a lumber control area. Such determination shall be notified and take effect ninety days from the date of its publication in the Government Gazette.

SECTION 48.25 Unlesspermission hasbeen obtained from the competent officer, within the lumber control area no
person shall convert timber, establish a lumber mill, store lumber for trading or have in possession teak wood of whatso- ever amount or other species of lumber exceeding 0.20 cubic meter, andthelicensee shall be complied with the terms specified by the ministerial regulations and rulesstated in license.

For thepurposes under the provisions of the first paragraph,log or timber that is sunk in a river or a canal ina radiusoffifty meters of the lumber area, and the log or timber is not owned by anyone, it shallbe presumed that
the log or timber is possessedbythelicenseeof the lumber mill in such area therein.

The provisions of the first paragraph apply to timber as well as altering timber imported into the Kingdom.

SECTION 49.26 Whoever desires to convert timber,by establishing a lumber mill using the mechanical operation shall:
(1) be the owner; and
(2) not have been sentenced by a final judgement to imprisonment, except for a petty offence or offence committed
through negligence; or
(3) not be a destitute person; or
(4) not have been permission suspended or permission cancelled underthe provisions of thisChapter ornot have
permission to log or permission for a logging monopoly or a logging concession issued in accordance with this Act.

In case of a person desires to establish a lumber mill as ajuristicperson ina limited partnership, a managingdirector or a general manager of a juristic person, and foundnot to have the characteristics under (2), (3) or (4).

SECTION 49.(bis), A person, obtaining of permission to establish a lumber mill, has to follow conditions of the
lumber operation according to the permission received.

SECTION 50.27 The provisions under Section 48, shall not be applied to:
(1) sawing, cutting, lopping, hewing, or any other forms dressing of timber for making into logs, rough squares, hewn posts, railway sleepers or for making firewood or wood for charcoal, provided that such operation is carried out before the timber is moved from the stump or from the inspection yard specified in the license by the competent
officer for logging;
(2) lumber already converted from logs which is not for trading purposes;
(3) lumber in possession which is not for tradingpurposes, the fact of which shall be substantiated by the possessor under this Act;
(4) lumber in possession which is not from reserved timber species;
(5) lumber in possession from reserved timber species by power of force, which is not for trading purposes, the
fact of which shall be in a lawful manner under this Act.

SECTION 51.28 The licensee under this Chapter may have in the possession as specified in the license only timber
which are the following:
(1) timber for which royalty and forest improvement charges have already been paid, or timber which has been
impressed with hammer marks, or timber which has been authorization for conversion before payment of a royalty
and forest improvement charges, unless written permission has been obtained from the Director-General;
(2) timber which has been impressed with a free-grant mark;
(3) timber purchased from the forest authorities marked by the competent officer on which has been impressed with
government sale hammer mark;
(4) lumber of the licensee under this Chapter who has in writing permission to cover lumber issued for the licensee
or a removal pass issued from the competent officer;
(5) timber imported into the Kingdom and covered by a removal pass issued under Section 38(3).

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]