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TMI Blog2012 (4) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... tence for registration and for charging the registration fees is beyond the authority conferred upon the respondents under the Indian Forest Act, 1927 and the Rules of 1978. W.P. allowed to the extent that the petitioners will not be required to obtain registration for movement of coal within the State of U.P. If any registration fee is charged from the petitioners, the same shall be returned to them. - Writ Tax No. 465 of 2012 - - - Dated:- 18-4-2012 - ASHOK BHUSHAN AND SAEED-UZ-ZAMAN SIDDIQUI, JJ. For the Appellant : Brahmdeo Dwivedi For the Respondents : S.P. Kesarwani, Additional Chief Standing Counsel, We have heard Shri Brahmdeo Dwivedi, learned counsel appearing for the petitioners. Shri S.P. Kesarwani, Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be covered by a foreign pass registered under rule 2 and in the case of timber, by a foreign property mark registered under rule 23. 21. Form, etc., of foreign passes must be registered in conservator's office.-Every foreign pass must be in a form which has been registered in the office of the conservator of forests of the circle into which it is sought to import forest produce thereunder and must be signed by an official whose designation is registered in the office of the said conservator, and every foreign property mark must be of description which has been registered under rule 23 in the said office. At the time of applying for registration of the foreign pass in the office of the conservator of forest of circle concerned, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 41, the Central Government may make rules to prescribe the route by which alone timber or other forest-produce may be imported, exported or moved into or from the territories to which this Act extends across any customs frontier as defined by the Central Government, and any rules made under section 41 shall have effect subject to the rules made under this section. The delegation of powers under section 41(2)(i) refers to registration of property marks for timber and prescribe the time for which the registration shall hold good; limit the number of such marks and provide for the levy of fees for such registration. The reference to rule 40A appears to be a mistake in making the order. There is no such section 40A in the Act. Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1978 for registration of any dealer. There is only a provision of registration of marks for issuance of foreign passes. The petitioners are not the importer of coal from outside India nor exports the coal within the country to outside India. On the aforesaid facts and circumstances the insistence for registration and for charging the registration fees is beyond the authority conferred upon the respondents under the Indian Forest Act, 1927 and the Rules of 1978. The writ petition is allowed to the extent that the petitioners will not be required to obtain registration for movement of coal within the State of U.P. If any registration fee is charged from the petitioners, the same shall be returned to them. They will, however, continue t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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