Chapter VII PENALTIES AND PROCEDURE

-(1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats,

1[vehicles, machinery and cattle] used in committing any such offence may be seized by any forest officer or police officer.

1. (2) Every officer seizing any property under this section shall place on such property, or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded, without any unreasonable delay, either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorised by the Government in this behalf by notification (hereinafter refereed to as authorised officer) or 2[without any unreasonable delay either produce the property seized before an officer not below the rank of an

Assistant Conservator of Forests authorized by Government in this behalf

by notification (hereinafter referred to as the authorized officer) or make a report of such seizure to the magistrate”]: Provided that where the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the Officer makes, as soon as may be, a report of the circumstances to the Divisional Forest Officer.

3[(2-A) Where an authorised officer seizes under sub-section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed, in respect thereof, he may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or

4[vehicles machinery and cattle] used in committing such offence. (2-B) No order of confiscating any property shall be made under sub- section (2-A) unless the person from whom the property is seized is given,-

1. (a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property;
2. (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and
3. (c) a reasonable opportunity of being heard in the matter. (2-C) Without prejudice to the provisions of sub-section (2-B), no order of confiscation under sub-section (2-A) of any tool, rope, chain, boat or vehicle shall be made if the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the property without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool, rope, chain, boat or vehicle in committing the offence and that each of them had taken all reasonable and necessary precautions against such use. (2-D) Any forest officer not below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may within thirty days from the date of the order of confiscation by the authorised officer under sub-section (2-A) either suo motu or an application call for . Substituted by Act 15 of 2016, section 11. . Words and brackets substituted by Act No. 17 of 1976, section 2. Sub-sections inserted by Act No. 17 of 1976, section 2. . Substituted by Act 15 of 2016, section 11. and examine the record of that order and may make such inquiry or cause such inquiry to be made and pass such orders as he may think fit: Provided that no order, prejudicial to any person, shall be passed without giving him an opportunity of being heard. (2-E) Any person aggrieved by an order passed under sub-section (2- A) or sub-section (2-D) may, within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the property has been seized; and the District Court shall after giving an opportunity to the parties to be heard, pass such order as it may think fit and the order of the District Court so passed shall be final.]

1. (3) Any forest officer not below the rank of a Forester, who or whose subordinate has seized any tools, ropes, chains, boats, vehicles or cattle under sub-section (1) 1[and where he makes a report of such seizer to the magistrate under sub-section (2)]and where he makes a report of such seizure to the magistrate under sub-section (2) 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.
2. (4) Upon the receipt of any report under sub-section (2), the magistrate shall, except where the offence is compounded, take such measures as may be necessary for the trial of the accused and the disposal of the property according to law.
3. (5) The property seized under this section, shall be kept in the custody of the forest officer not below the rank of a Forest Guard or the

Timber, forest produce tools, etc., when liable to confiscation - Where a person is convicted of a forest offence, the Court sentencing him shall order confiscation to the Government of timber or forest produce in respect of which such offence was committed and of any tool, boat,

3[vehicles machinery and cattle], vessel or other conveyance or any other article used in committing such offence except where an order of confiscation, has already been passed in respect thereof under section 44.]

forest produce in respect of which it was committed -When the trial of any forest offence is concluded, any timber or forest produce in respect of which such offence was committed shall, if it is the property of the Central or State Government, or if it is confiscated, be taken possession of by under the authority of the Divisional Forest Officer, or and in any other case, may be disposed of in such manner as the court having jurisdiction may, by order, direct.

the

4[Magistrate or Authorised Officer] is of opinion that a forest offence was committed but the offender is not known or cannot be found, he may on an application made in this behalf order the property, in respect of which the offence was committed and which was seized, to be confiscated and taken possession of by or under the authority of the Divisional Forest Officer or to be made over to any person whom the

4[Magistrate or

Authorised Officer] considers to be entitled to the same: Provided that before making any such order the

4[Magistrate or

Authorised Officer] shall cause a notice of any application made under this . Inserted by Act No. 17 of 1976, section 2. . Section substituted by Act No. 17 of 1976, section . . Substituted by Act 15 of 2016, section 12. . Substituted by Act 15 of 2016, section 13.

section to be served upon any person who, he has reason to believe, is interested in the property seized, or shall publish such notice in such manner as he thinks fit: Provided further that no such order shall be made until the expiration of thirty days 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.

-(1) Except where a forest offence has been compounded, the

1[Magistrate or Authorised Officer] may direct the sale of any property seized under section 44, which is subject to speedy and natural decay, and if in the opinion of the officer seizing such property, it is not possible to obtain the orders of the

1[Magistrate or Authorised Officer] in time, such officer may sell the property himself, remit the scale proceeds into the nearest Government treasury and make a report of such seizure, sale and remittance to the

1[Magistrate or Authorised Officer] and thereupon the 1[ Magistrate or Authorised Officer] shall take such measures as may be necessary for the trial of the accused.

1. (2) The 1[Magistrate or Authorised Officer] may deal with the proceeds of the sale of any property held under sub-section (1) in the same manner as he might have dealt with the property if it had not been sold.

Any person claiming to be interested in the property seized under section 44 may, within one month from the date of any order passed under section 45, section 46 or section 47, present an appeal therefrom to the

2[court or appellate authority] to which an appeal from the order of the

3[Magistrate or Authorised Officer] ordinarily lies. The appeals shall be disposed of in the manner provided by the Code of Criminal Procedure,

4[1973 or as per the provisions of this Act as the case may be].

5[(1) Where an order of confiscation of any property passed under sub-section (2-A) or sub-section (2-D) of section 44 has become final in respect of the whole or any portion of such property, such property or the portion thereof, as the case may be, shall vest in the Government free from all encumbrances.]

6[(2)]Where an order for the confiscation of any property was passed under section 45 or section 47 and the period limited by section 49 for presenting an appeal from such order has elapsed, and no such appeal was presented, or where, on such an appeal being presented, the appellate court confirms such order in respect of the whole or a portion of such property, such property or portion, as the case may be, shall best in the Government free from all encumbrances.

shall be deemed to prevent the Divisional Forest Officer from directing at any time the immediate release of any property seized under section 44, and the withdrawal of any charge made in respect of such property in accordance with the provisions of

7[section 321 of the Code of Criminal Procedure, 1973]: Provided that where a report is made to the magistrate of the property seized under section 44, the Divisional Forest Officer shall not release the property without the consent in writing of such magistrate, or without previous intimation to such magistrate. . Words substituted by Act 15 of 2016, section 14 . Substituted by Act 15 of 2016, section 15. . Substituted by Act 15 of 2016, section 15. . Substituted by Act 15 of 2016, section 15. . Sub-section (1) inserted by Act No.17 of 1976, section 4. . Renumbered by Act No.17 of 1976, section 4. .

Penalty for counterfeiting marks on trees and timber and for altering boundary marks -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-

1. (a) knowingly counterfeits upon any timber or standing tree, a mark used by any forest officer to indicate that such timber or tree is the property of the Central or State Government or of some person, or that it may lawfully be cut or removed by some person, or
2. (b) unlawfully affixes to any timber or standing tree, a mark used by any forest officer, or
3. (c) alters, defaces or obliterates any such mark placed on any timber or standing tree by or under the authority of any forest officer, or
4. (d) alters, moves, destroys or defaces any boundary mark of any forest or any land to which any provisions of this Act apply. 1[shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine which shall not be less than twenty thousand rupees].

1. (1) Any forest officer not below the rank of a Forest Guard or Police Officer may, without orders from a magistrate and without a warrant arrest and detain in custody any person if the officer knows or has reason to believe that such person is committing or has committed any forest offence and, if such person refuses to give his name and residence, or gives a name residence which there is reason to believe to be false or if there is reason to believe that he will abscond. (2) Every person arrested and detained in custody under this section shall be informed, as soon as may be, of the grounds for such arrest and detention and shall be produced before the nearest magistrate within a period of twenty- four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate; and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

rank of a Forest Guard or Police Officer may, without orders from a magistrate and without a warrant arrest and detain in custody any person if the officer knows or has reason to believe that such person is committing or has committed any forest offence and, if such person refuses to give his name and residence, or gives a name residence which there is reason to believe to be false or if there is reason to believe that he will abscond.

1. (2) Every person arrested and detained in custody under this section shall be informed, as soon as may be, of the grounds for such arrest and detention and shall be produced before the nearest magistrate within a period of twenty- four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate; and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

below the rank of Forester, who or whose subordinate has arrested any person under the provisions of section 53, may release such person on his executing a bond to appear, if any when so required, before the magistrate or before the officer in charge of the nearest police station.

2[Provided that the arrested person shall not be released on his personal bond unless he produces two sureties to the satisfaction of the Forest Officer concerned.]

police officer who vexatiously or frivolously seizes any property on pretence of seizing property liable to confiscation under this Act, or who vexatiously or frivolously arrests any persons, 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.

police officer shall prevent, and may take necessary steps for the purpose of preventing the commission of any forest offence.

. Substituted by Act 15 of 2016, section 17.

.

Power to constitute special Courts -(1) The Government may, by notification, constitute Special Courts for trial of Forest Offences.

1. (2) No Civil Court shall give an injunction or any interim order without notice to the Government or to the Divisional Forest Officer concerned on forest offences.]

deemed to bar the prosecution of any person under any other law for any act or commission which constitutes a forest offence, or from being liable under such other law to any higher punishment or penalty than that provided by this Act, or the rules made thereunder: Provided that no person shall be prosecuted and punished for the same offence more than once.

2[58-A. Order of confiscation not to bar imposition of other penalty- An order of confiscation under sub-section (2-A) or sub-section (2-D) of section 44 shall not be deemed to bar the imposition of any other penalty to which the person from whom the property is seized is liable under this Act.]

empowered in this behalf by the Government may accept as compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any forest offence, other than an offence under section 52 or section 55-

1. (i) a sum of money not exceeding 3[one thousand rupees] where such offence is of a trivial nature;
2. (ii) a sum of money which shall not in any case be less than the value of the forest produce, or more than four times such value as estimated by such forest officer, in additionto the value of the forest produce, where such offence involves any forest produce which in the opinion of the forest officer, may be released;
3. (iii) a sum of money which shall not in any case be less than the value of the forest produce or more than four times such value as estimated by such forest officer, where such offence involves forest produce which in the opinion of the forest officer should be retained by the Government.

1. (2) On receipt of the sum of money referred to in sub-section (1), by such officer,-
   • (i) the accused person, if in custody, shall be discharged;
   • (ii) the property seized shall, if it is not to be so retained, be released; and
   • (iii) no further proceedings shall be taken against such person or property. 4[(3) If the accused person does not pay the compensation amount levied as per sub-section (1) in full within sixty days from the date of receipt of compounding order, the amount, if any, paid shall be forfeited and the accused shall be proceeded with as if the offence is not compounded. The accused shall be produced before the Magistrate and the . Substituted by Act 15 of 2016, section 19. . Sub-section (1) inserted by Act 17 of 1976, section 5.

. Substituted by Act 15 of 2016, section, 20.

. Sub-section inserted by Act 15 of 2016, section 20.

seizures shall become the property of Government.]

Where, 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 Central or State

Prohibition of holding illegally acquired property and forfeiture of such property- (1) On and from the date of commencement of the Andhra Pradesh Forest (Amendment) Act, 2016(Act No. 15 of 2016), it shall not be lawful for any person to whom this Act applies to hold any illegally acquired property either by himself or through any other person on his behalf.

1. (2) Where any person holds such property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the State Government in accordance with the provision of the principal Act as amended buy the said amendment Act.

1. (1) An officer not below the rank of Deputy Superintendent of Police duly authorized by the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of accounts in any bank or documents, books of account in any bank or financial institution or any other relevant steps as may be necessary. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.

rank of Deputy Superintendent of Police duly authorized by the State Government, shall, on receipt of a complaint from the competent authority about any person having illegally acquired property, proceed to take all steps necessary for tracing and identifying any property illegally acquired by such person.

1. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of accounts in any bank or documents, books of account in any bank or financial institution or any other relevant steps as may be necessary.
2. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.

officer conducting an inquiry or investigation under section 60-B has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to forfeiture of such property under the provisions of this Act, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned. Provided that a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.

1. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. Explanation.- For the purpose of this section “transfer of property” means any disposition, conveyance, assignment, settlement, delivery, payment or . Sections inserted by Act 15 of 2016, section 21. other Seizure or freezing of illegally acquired property. alienation of property and without limiting the generality of the foregoing includes,-
   • (a) the creation of a trust in property;
   • (b) the grant or creation of any lease, mortgage, charge, easement, license, power, partnership or interest in property;
   • (c) the exercise of a power of appointment, of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and
   • (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.

The State Government may, by order published in the Andhra Pradesh Gazette, appoint as many of its officers not below the rank of Conservator of Forests as it thinks fit, to perform the functions of an Administrator.

1. (2) The Administrator appointed under subsection (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 60C or under section 60F in such manner and subject to such conditions as may be prescribed.
2. (3) The Administrator shall also take such measures as the State

Notice of forfeiture of property- (1) If having regard to the value of the properties held by any person to whom this Act applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets and any other information or material available to it as a result of a report from any officer making an investigation under section 60B or otherwise, the competent authority for reasons to be recorded in writing believes that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to show cause any all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the State Government under this Act and in support of his case indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars.

1. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

1. (1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 60E, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex-parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under subsection (1) within a period of ninety days. (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Act stand forfeited to the State Government free from all encumbrances. (4) In case the person affected establishes that the property specified in the notice issued under section 60E is not an illegally acquired property and therefore not liable to be forfeited under this Act, the said notice shall be withdrawn and the property shall be released forthwith. (5) Where any shares in a company stand forfeited to the State Government under this Act, the company shall, notwithstanding anything contained in the Companies Act, 2013 or the articles of association of the company, forthwith register the State Government as the transferee of such shares.

competent authority may, after considering the explanation, if any, to the show cause notice issued under section 60E, and the materials available before it and after giving to the person affected and in a case where the person affected holds any property specified in the notice through any other person, to such other person also a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person, such other person also), does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to

record a finding under this sub-section ex-parte on the basis of evidence available before it.

1. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under subsection (1) within a period of ninety days.
2. (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Act stand

forfeited to the State Government free from all encumbrances.

1. (4) In case the person affected establishes that the property specified in the notice issued under section 60E is not an illegally acquired property and therefore not liable to be forfeited under this Act, the said notice shall be withdrawn and the property shall be released forthwith.
2. (5) Where any shares in a company stand forfeited to the State Government under this Act, the company shall, notwithstanding anything contained in the Companies Act, 2013 or the articles of association of the company, forthwith register the State Government as the transferee of such shares.

a declaration that any property stands forfeited to the State Government under section 60F and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

1. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.
2. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order revoke the declaration of forfeiture under section 60F and thereupon such property shall stand released.

In the case of any person referred to as ‘associate’, if the competent authority, on the basis of the information and materials available to it, for reasons to be recorded in writing believes that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust by him, or as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be notice served under section 60E and all the other provisions of this Act shall apply accordingly. Explanation:- For the purposes of this section “illegally acquired property” in relation to any property held in trust, includes,- (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. 60 I. Certain transfers to be null and void-Where after the making of an order under sub-section (1) of section 60C or the issue of notice under section 60E or under section 60F, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Act, be ignored and if such property is subsequently forfeited to the State Government under section 60F, then, the transfer of such property shall be deemed to be null and void.

1. (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor;
2. (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. 60 I. Certain transfers to be null and void-Where after the making of an order under sub-section (1) of section 60C or the issue of notice under section 60E or under section 60F, any property referred to in the said order or notice is transferred by any mode whatsoever, such transfer shall, for the purpose of the proceedings under this Act, be ignored and if such property is subsequently forfeited to the State Government under section 60F, then, the transfer of such property shall be deemed to be null and void.

by notification, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman, and such number of other members being officers of the State Government not below the rank of a Principal Secretary to Governmnet, as the State Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under section 60C, section 60F, sub-section (1) of section 60G or section 60H.

1. (2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of a High Court.
2. (3) The terms and condition of service of the Chairman and others member shall be such as may be prescribed.

authority made under section 60C, section 60F, sub-section(1) of section 60G or section 60H may, within forty-five days from the date on which the order is served on him prefer an appeal to the Appellate Tribunal. Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

1. (2) On receipt of an appeal under subsection (1), the Appellate Tribunal, may, after giving an opportunity of being heard to the appellant, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against.
2. (3) The Appellate Tribunal may regulate its own procedure.
3. (4) On application to the Appellate Tribunal and on payment of the prescribed fee, the Appellate Tribunal may allow a party to any appeal or any person authorised in this behalf by such party to inspect at any time during office hours, any relevant records and registers of the Appellate

Notice or Order not to be invalid for error in description-No notice issued or served, no declaration made, no order passed under this act shall be deemed invalid by reason of any error in the description of the property of person mention there in if such property or person is identifiable from the description so mentioned.

act shall be appealable accept as provided there in and no civil court shall have Jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this act to determined, and no injunction shall be granted by any court or other authority of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Civil court, Act 5 of 1908-The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the code of Civil Procedure, 1908 in respect of the following matters namely:

1. (a) Summoning and enforcing the attendance of any person and examining him on oath.
2. (b) Requiring the discovery and production of documents,
3. (c) Receiving evidence of affidavits:
4. (d) Requisitioning any public record or copy thereof from any court or office.
5. (e) Issuing commissions for examination of witnesses or documents:
6. (f) Any other matter which may be prescribed. 60-O. Information to competent authority- (1) Notwithstanding anything contained in any other law for the time being in force, the competent authority shall have power to require any officer or authority of the State Government or a State Government or a local authority to furnish information in relation to such persons, on points or matter as in the opinion of the competent authority will be useful for, or relevant to , the purposes of this Act.

1. (2) Every officer referred to in section 60 P may furnish suo-motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purpose of this Act. 60 P. Certain officers to assist the administrator competent authority and the Appellate Tribunal-For the purpose of any proceeding under this Act, the following officers shall render such assistance as may be necessary to the Administrator appointed under section 60D competent authority and the Appellate Tribunal, namely. a) officers of Police: b) officers of the State Forest Department; c) such other officers as specified by the State Government in this behalf by notification in the Official Gazette; Provided that in the event of any need, Officers of the Central Government Establishment and Institutions namely: Central Economic Intelligence Bureau (CEIB), Directorate of Revenue Intelligence (DRI) and Enforcement Directorate (ED) etc, shall also be requested to provide their assistance. 60-Q. Power to take possession- (1) Where any property has been declared to be forfeited to the State Government under this Act, of where the person affected has failed to pay the fine due under sub-section (1) of section 60G within the time allowed there for under subsection (3) of that section, the competent authority order the person effected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 60D or to any person duly authorized by him in this behalf within thirty days of the service of the order.
2. (2) If any person refuses or fails to comply with an order made under sub- section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary.
3. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1), requisition the services of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: Provided that if any such amendment is likely to affect any person prejudicially and the mistake is not of a clerical nature, it shall not be made without giving to such person a reasonable opportunity of being heard.

No finding of any officer or, authority under any other law shall

be conclusive for the purposes of any proceedings under this Act.

under this Act shall be served, a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; b) If the notice or order cannot be served in the manner provided in clause (a), then, by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided of carried on business of personally worked for gain.

proceedings have been taken under this Act- Any person, who knowingly acquires, by any mode whatsoever, any property in relation to which proceedings are pending under this Act shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.]