Section 26
Section 26
Any timber which may be found in any place other than on alienated land, and which is not in the apparent possession or under the apparent control of any person, shall be deemed to be the property of the State unless and until any person proves to the satisfaction of the Chief Conservator that he is lawfully entitled to the possession thereof.
(2)
When any such timber has been so vested in the State the Chief Conservator may from time to time, as the occasion may require, publish or cause to be published a notice thereof in any manner he thinks fit and shall cause a copy of such notice to be served on any person he has reason to believe to be interested in the timber.
(3)
Such notice shall –
(a)
contain a description of such timber;
(b)
state the place where it was found;
(c)
call upon any person claiming to be lawfully entitled to the possession thereof to make his claim to such notice within such period, being not less than one month, as may be specified.
(4)
Where any timber taken into possession under subsection (1) of this section is in such condition that, in the opinion of the Chief Conservator, it should be disposed of before the expiration of the relevant period mentioned in this section, the Chief Conservator may direct the sale of such timber and the proceeds of such sale shall be dealt with in the same manner as such timber could have been dealt with had it not been so sold.
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(5)
Notwithstanding subsection (2) of section 4, the powers conferred on the Chief Conservator under this section shall not be delegated to any person and the decision of the Chief Conservator in exercising his powers thereunder shall be final.
(6)
No person shall be entitled to recover possession of any timber collected under subsection (1)
of this section until all expenses incurred in collecting, moving, storing and disposing of the timber as assessed by the Chief Conservator have been paid up to the Government.