Chapter VI Chapter VI

Penalties and Procedure

Where the Tree Officer or a Forest Officer not below the rank of a Forest Ranger or a Police Officer not below the rank of a Sub-Inspector has reasons to believe that an offence under this Act is committed in respect of any tree, he may seize the tools, implements, any boats, vehicles, animals or other conveyances used for the commission of the said offence, along with the tree or part thereof which has been severed from the ground or the trunk, as the case may be: Provided that when the seizure has been affected by a Forest Officer or a Police Officer, he shall immediately inform the concerned Tree Officer about the said seizure; Provided further that 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].

and the vehicle and animal used for transport of such trees.— (1) Where any person is convicted of an offence under this Act, any timber or the tree in respect of which an offence is committed, the tools and implements used for felling, and any boats, vehicles, animals or other conveyances used for its transport, may be ordered by the court to be forfeited to Government.

1. (2) Any timber produce from the tree, tools and implements etc. and any boats, animals or other conveyances forfeited under sub- section (1) shall be disposed off by the Tree Officer in such manner as may be prescribed.

The Tree Officer may release the property seized under section 16 if the owner of the land executes a bond in such form as may be prescribed for its production whenever required.

1. (1) Any Tree Officer or a Forest Officer not below the rank of a Forest Ranger or a Police Officer not below the rank of a Sub-Inspector may, without a warrant, arrest any person reasonably suspected of having been concerned in any offence under this Act, and such person refuses to give his name or address or gives a name or address which the concerned officer has reason to believe to be false or if he has reason to believe that the person will abscond.
2. (2) Any person arrested under sub- section (1) shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate having jurisdiction in the case within 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 the Magistrate.

Any officer who has arrested any person under the provisions of sub-section (1) of section 19 may release such person on his executing a bond with proper surety to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the Police or the Forest Officer not below the rank of Deputy Conservator of Forests or the Tree Officer.

Every Tree Officer or his subordinates or any Forest, Revenue or Police Officer shall prevent and may interfere for the purpose of preventing the commission of any offence under this Act.

(1)The Government may, by notification, empower a Tree Officer or any Forest Officer not below the rank of Deputy Conservator of Forests — (a)to compound any offence committed under this Act on payment of — (i)a sum not exceeding

19[“rupees twenty five thousand”] by way of composition for the offence which such person is suspected to have committed, and (ii)the value of timber and other produce, if any, from the tree in respect of which the offence has been committed. (b)to release any property seized or liable to confiscation, on payment of the value thereof, as estimated by such officer and the amount determined as payable for composition of the offence, as ordered by the Tree Officer or any Forest Officer, as the case may be. (2)On the payment of such sums or such value or both, as the case may be, to such Officer, the property seized and the offender, if in custody, shall be released and no further proceedings shall be taken against such offender or property.

It shall be the duty of every Forest Officer, Panchayat Secretary, Police Constable or any Officer superior to him and every Officer of the Departments of Agriculture, Land Survey and Revenue (a)to give immediate information coming to his knowledge, of any contravention of section 8 and of preparation to commit such contravention to the Tree Officer or the Deputy Conservator of Forests; (b)to take all reasonable measures in his power to prevent such contravention which, he may know or have reason to believe that it is about or likely to be committed.

1. (1) If the person committing an offence under this Act is a Company, the Company as well as every person incharge of and responsible to the Company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be prosecuted against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Company and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary, treasurer or other officer of the Company, such director, manager, secretary, treasurer or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section (a)“Company” means anybody corporate and includes a firm or other association of individuals; and (b)“Director” in relation to a firm means a partner in the firm.

1. (1) Any person who contravenes any of the provisions of this Act or rules or orders made thereunder shall, on conviction, be punished with imprisonment which may extend to one year or with fine which may extend to 7[“one lakh rupees”] or with both.
2. (2) Every Forest Officer or Police Officer who vexatiously and unnecessarily arrests or seizes any property on pretence of such property being liable to forfeiture 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.

The award of penalty or forfeiture of any property under this Act shall not prevent the inflicting of any punishment to which the person affected thereby is liable under any other law.