Bare Acts · Other Minor Laws · The Indian Forest Act, 1927 · English Medium Bare Acts
Sec 52 to 69-A Chapter IX (Penalties And Procedure) The Indian Forest Act, 1927
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52. Seizure of property liable to confiscation.—
(1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, maybe seized by any Forest-officer or Police-officer.
(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:
Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
STATE AMENDMENTS
Maharashtra
Amendment of section 52 of Act 16 of 1927.—
In section 52 of the principal Act,—
(a) sub-section (1A) shall be deleted;
(b) in the marginal note, the words “and forfeiture” shall be deleted.
[Vide Maharashtra Act 21 of 2015, s. 5].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 52.-Substitute section 52 with the following section, namely:–
52. Seizure of property liable to confiscation and procedure thereof.–
(1) When there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer.
(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the ‘authorised officer’):
Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
(3) Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized.
(4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer,–
(a) sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;
(b) issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property;
(c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and
(d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose.
(5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of objects aforesaid for commission of forest offence.
(6) Where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence:
Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction.
(7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of the cattle.
Insertion of section 52A to 52D.– After section 52, insert the following sections, namely:–
52A. Revision before Court of Sessions against order of confiscation.–
(1) Any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, within thirty days of knowledge of such order submit a petition for revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated.
Explanation I.–In computing the period of thirty days under this sub-section, the time required for obtaining certified copy of the order of Authorised Officer shall be excluded.
Explanation II.–For the purposes of this sub-section a party shall be deemed to have knowledge of the order of confiscation under section 52 on publication of such order in two daily newspapers having circulation in the State.
(2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by the Authorised Officer.
(3) Copies of the order passed in revision shall be sent to the Authorised Officer for compliance or passing such further order or for taking such further orders or for taking such further action as may be directed by such Court.
(4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.
(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) the order of Court of Sessions passed under this section shall be final and shall not be called in question before any Court.
52B. Bar to jurisdiction of Courts etc. under certain circumstances.–
(1) On receipt of report under sub-section (4) of Section 52 about intimation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority other than Authorised Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force.
Explanation.–Where under any law for the time being in force, two or more Courts have jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts.
(2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act.
52C. Power of search and seizure.–
(1) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle.
(2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation:
Provided that such search shall not be conducted otherwise than in accordance with the provisions of the Code of Criminal Procedure, 1973.
52D. Penalty for forcibly opposing seizure.-
Whosoever opposes the seizure of any forest-produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to be seized under this Act, or forcibly receives the same after seizure, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
53. Power to release property seized under section 52. —
Any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 53.-For section 53, substitute the following section, namely:–
53 Power to release property seized under section 52.-
Any forest officer of a rank not inferior to that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the offence or by the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made:
Provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the Magistrate having jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
Orissa
Amendment of sections 52 and 53, (16 of 1927).—
In section 52 and 53 of the said Act, for the word “carts” wherever it occurs the word “vehicle” shall be substituted.
[Vide the Orissa Act 11 of 1954, s. 3]
54. Procedure thereupon.—
Upon the receipt of any such report, the Magistrate shall, with all convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 54.-For section 54, substitute the following section, namely:-
54 Receipt of report of seizure by Magistrate and procedure thereupon.-
Upon the receipt of any report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law:
Provided that before passing any order for disposal of property the Magistrate shall satisfy himself that no intimation under sub-section (4) of section 52 has been received by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
55. Forest-produce, tools, etc., when liable to confiscation.—
(1) All timber or forest-produce which is not the property of 1 [Government] and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation.
(2) Such confiscation may be in addition to any other punishment prescribed for such offence.
STATE AMENDMENTS
Maharashtra
Amendment of section 55 of Act 16 of 1927.—
In section 55 of the principal Act,—
(a) in sub-section (1), for the words “shall be liable by order of the convicting court to forfeiture” the words “shall be liable to confiscation” shall be substituted;
(b) in sub-section (2), for the word “forfeiture” the word “confiscation” shall be substituted;
(c) in the marginal note, for the word “forfeiture” the word “confiscation” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 6].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 55.– For sub-section (1), substitute the following sub-section:–
(1) All timber or forest produce which in either case is not the property of the Government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation upon conviction of the offender for such offence.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed. —
When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of 1 [Government] or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.
(1. Subs. by the A.O. 1950, for “Crown”.)
STATE AMENDMENTS
Maharashtra
Amendment of section 56 of Act 16 of 1927.—
In section 56 of the principal Act, for the word “forfeited” the word “confiscated” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 7].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 56.-For the words “When the trial of”, substitute the words, figures and letter, “Without prejudice to the provisions of section 52C, when the trial of”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
57. Procedure when offender not known or cannot be found.—
When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forestofficer or to be made over to the person whom the Magistrate deems to be entitled to the same:
Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.
STATE AMENDMENTS
Maharashtra
Amendment of section 57 of Act 16 of 1927.—
In section 57 of the–principal Act, for the word “forfeited” the word “confiscated” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 8].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 57.-For section 57, substitute the following section, namely:–
57. Procedure when the offender is not known or cannot be found.–
When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject to section 52B, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest officer, or to be made over to the person whom the Magistrate deems to be entitled to the same:
Provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
58. Procedure as to perishable property seized under section 52.—
The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 58.-For section 58, substitute the following section, namely:–
58. Procedure as to perishable property seized under section 52. —
The Authorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
59. Appeal from orders under section 55, section 56 or section 57.—
The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.
60. Property when to vest in 1 [Government].—
When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the 1 [Government] free from all incumbrances.
(1. Subs. by the A.O. 1950, for “Crown”.)
STATE AMENDMENTS
Maharashtra
Amendment of section 60 of Act 16 of 1927.—
In section 60 of the principal Act, for the word “forfeiture” the word “confiscation” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 9].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 60.-Renumbered as sub-section (2) thereof, and, before sub-section (2) as so renumbered, insert the following sub-section, namely:–
(1) Property ordered to be confiscated by an authorised officer under section 52, subject to the result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in revision, vest in the Government free from all encumbrances:
Provided that if no revision is preferred under section 52A, such vesting shall take effect on expiry of period specified for the submitting petition for revision under section 52A.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
61. Saving of power to release property seized.—
Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the 1 [State Government] from directing at any time the immediate release of any property seized under section 52.
(1. Subs. by the A.O. 1950, for “Provincial Government”.)
STATE AMENDMENTS
Maharashtra
Amendment of section 61A of Act XVI of 1927.—
In section 61A of the principal Act,—
(a) for sub-section (3), the following sub-section shall be substituted:—
“(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is the property of the State Government, is seized under sub-section (1) of section 52, or any such forestproduce is produced before any authorised officer under sub-section (1) and he is satisfied that a forestoffence has been committed in respect of such forest-produce, notwithstanding whether or not a prosecution is instituted for the commission of such offence, such authorised officer shall order the forestproduce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats, vehicles and cattles used in committing such offence.”;
(b) in sub-section (4),—
(i) for clause (a), the following clause shall be substituted, namely:—
“(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, vehicles and cattles.”;
(ii) in clause (b),—
(1) the words “property or the” shall be deleted;
(2) for the word “auction” the word “sale” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 10].
Amendment of section 61B of Act 16 of 1927.—
In section 61B of the principal Act,—
(a) in sub-section (1), the words “any timber, sandalwood, firewood, charcoal or any other notified forest-produce,” shall be deleted;
(b) after sub-section (2), the following sub-section shall be added, namely:—
“(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1) of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has been used in committing a forest-offence in respect of timber, fire-wood, sandalwood, charcoal or any other notified forest-produce which is the property of the State Government, notwithstanding anything contained in the foregoing provisions, the authorised officer may pass order in accordance with the provisions contained in section 61A:
Provided that, no such order shall be made until the expiration of a period of thirty days form the date of seizing such property or without hearing the person claiming any right thereto.”.
[Vide Maharashtra Act 21 of 2015, s. 11].
Substitution of section 61F of Act 16 of 1927.—For section 61F of the principal Act, the following section shall substituted, namely:—
61F. Property etc. confiscated when to vest in Government.—
When an order for confiscation of any property has been passed under section 61A or section 61C, and the period of limitation provided by section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.”.
[Vide Maharashtra Act 21 of 2015, s. 12].
Amendment of section 61G of Act 16 of 1927.—
In section 61G of the principal Act, for the word “offence” the words “forest-offence in respect of such property” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 13].
62. Punishment for wrongful seizure.—
Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
STATE AMENDMENTS
Maharashtra
Amendment of section 62 of Act 16 of 1927.—In section 62 of the principal Act, in sub-section (1), the words “or forfeiture” shall be deleted.
[Vide Maharashtra Act 21 of 2015, s. 14].
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundarymarks,—
Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code (45 of 1860),—
(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the 1 [Government] or of some person, or that it may lawfully be cut or removed by some person; or
(b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or
(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(1. Subs. by the A.O. 1950, for “Provincial Government”.)
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 63.-For the words, “or with fine”, substitute the words “or with fine which may extend to twenty-five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
64. Power to arrest without warrant.—
(1) Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.
(3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 64A.-After section 64, insert the following section, namely:-
64A. Offences non-bailable.-
Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
65. Power to release on a bond a person arrested.—
Any Forest-officer of a rank not interior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station.
STATE AMENDMENTS
Maharashtra
Amendment of section 65A of Act 16 of 1927.—
In section 65A of the principal Act, in clause (b), for the words, figures, brackets and letters “Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub-section (1)”, the words, figures, brackets and letters “Section 26, clauses (a), (b), (d), (f), (g), (h) and (i) of sub-section (1) and sub-section (4)” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 15].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 65A and 65B.-After section 65, insert the following sections, namely:–
65A. Requisition for police assistance.-
Any forest officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the duty of every such officer to comply with such requisition.
65B. Police officers bound to seek technical clearance from Authorized Officer.-
Any police officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
66. Power to prevent commission of offence.—
Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.
STATE AMENDMENTS
Maharashtra
Insertion of new section 66A in Act 16 of 1927.—
After section 66 of the principal Act, the following section shall be inserted, namely:—
66A. Punishment for abetment.—
Whoever abets any forest-offence shall, if the offence abetted is committed in consequence of abetment, be punished with the same punishment as is provided for such offence,”.
[Vide Maharashtra Act 21 of 2015, s. 16].
67. Power to try offences summarily.—
The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the 1 [State Government] may try summarily, under the Code of Criminal Procedure, 1898 (5 of 1898), any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both.
STATE AMENDMENTS
Maharashtra
Amendment of section 67 of Act 16 of 1927.—
In section 67 of the principal Act, for the words “two thousand rupees” the words “five thousand rupees” shall be substituted
[Vide Maharashtra Act 21 of 2015, s. 17].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 67.-For the words “not exceeding six months, or fine not exceeding five hundred rupees”, substitute the words “not exceeding two years or with fine not exceeding twenty five thousand rupees”.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
68. Power to compound offences.—
(1) The 1 [State Government] may, by notification in the 2 [Official Gazette], empower a Forest officer—
(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and
(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.
(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property.
(3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.
(1. Subs. by the A.O. 1950, for “Provincial Government”.)
(2. Subs. by the A.O. 1937, for “Local Official Gazette”.)
STATE AMENDMENTS
Maharashtra
Amendment of section 68 of Act 16 of 1927. —
In section 68 of the principal Act,—
(a) in sub-section (1), —
(1) in clause (a), —
(i) after the words “other than an offence specified in” the words, brackets and figures “sub-section (4) of section 26 or” shall be inserted;
(ii) for the words “payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money,” the words “payment of a sum of money” shall be substituted.
(2) in clause (b), for the words “ on payment of, or at his discretion, on acceptance of an undertaking in writing to pay,” the words “on payment of” shall be substituted.
(b) in sub-section (2), for the words “payment of, or on acceptance of an undertaking in writing to pay,” the words “payment of,” shall be substituted.
(c) in sub-section (3), for the words “five hundred rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 18].
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 68.-For section 68, substitute the following section, namely:–
68. Power to compound offences.-
(1) The Government may, by notification in the Official Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests-
(a) to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed:
Provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence; and
(b) when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause (a) of this subsection, as estimated by such officer.
(2) On the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
69. Presumption that forest-produce belongs to 1 [Government]. —
When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the 1 [Government], such produce shall be presumed to be the property of the 1 [Government] until the contrary is proved.
(1. Subs. by the A.O. 1950, for “Crown”.)
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 69.-For the words, “contrary is proved”, substitute the words “contrary is proved by the accused”.
Section 69-A.-After section 69, insert the following section, namely:-
69-A. Double penalties for offences.-
The penalties which are double of those mentioned under the provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]