Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.

Confiscation of Wood Based Industry etc. and Appeal Confiscation of Wood Based Industry etc. and Appeal-

1. (1) The Licensing Officer may order for confiscation of the stock of wood unlawfully stored in whole or in part together with the plants and machinery, vehicles, implements, equipments or any other articles which have been used in the commission of the offence in cases where:
   • (a) a Wood Based Industry is established or operated in an area declared to be restricted or a prohibited area under Section 8; or
   • (b) a Wood Based Industry is established and / or operated without a valid license; or
   • (c) a Wood Based Industry is operated after suspension or revocation of license; or
   • (d) a Wood Based Industry is operated with the aid of electrical energy or electrical installation in contravention of the provision of Section 16; or
   • (e) unaccounted wood is found in the premises of the Wood Based Industry.
2. (2) An intimation about initiation of proceedings for confiscation of property shall be sent to the magistrate having jurisdiction to try the offence on account of which seizure has been made.
3. (3) No order of confiscation of any property shall be made under sub-section
4. (1) unless the person from whom the property is seized, and in the case where the owner of such property is known, such person is given-
   • (a) a notice in writing intimating him of the grounds on which the confiscation of such property is proposed;
   • (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
   • (c) a reasonable opportunity of being heard in the matter.
5. (4) Appeal against the order of confiscation- Any person aggrieved by an order of confiscation may, within thirty days of the order, or if the fact of such order has not been communicated to him within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such fee payable, in such form as may be prescribed, along with the certified copy of order of confiscation, before the Prescribed Authority of the area in which the seizure has been made.
6. (5) Bar of Jurisdiction of Court etc. in certain circumstances- On receipt of intimation under sub section
7. (2) of this section about initiation of proceeding 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 shall have jurisdiction to make orders with regard to possession, delivery disposal or distribution of the property with regard to which proceeding of confiscation has been initiated under this Act.