Chapter VI PUNISHMENTS, BAR OF SUITS AND RULES

Any person who, within the limits of any area notified under section 3, commits any breach of any regulation made, restrictions or prohibitions imposed, order passed or requisition made under sections 4, 5, 6 or 9 or obstructs or resists in any way whatever the execution of acts or things done under section 10, shall be punished with imprisonment for a term which may extend to 6 months, or with a fine which may extend to Rs. 500, or with both.

The provisions of sections 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64 (excluding last sentence), 66 and 73 of the Indian Forest Act, 1927 (16 of 1927) shall, so far as applicable, be read as part of this Act and for the purposes of those provisions, every offence punishable under section 16 shall be deemed to be a “forest offence” and every officer employed in the management of any area notified under section 3 as caretaker or otherwise, shall be deemed to be a forest officer.

The Chief Judicial Magistrate or any Judicial Magistrate of the first class specially empowered in this behalf by the State Government shall try summarily, under the Code of Criminal Procedure, 1973 (2 of 1974), any forest offence punishable with imprisonment for a term not exceeding six months, or with a fine not exceeding Rs. 500, or with both.

(1) The State Government may, by notification in the Official Gazette, empower a Gazetted 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 of the Indian Forest Act, 1927 (16 of 1927), 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 proceeding shall be taken against such person or property. (3) The sum of money accepted as compensation under clause (a) sub-section (1) shall in no case exceed the sum of Rs. 500 in each case.

No suit shall lie against the State Government for anything done under this Act, and no suit shall lie against any public servant, for anything done, or purporting to have been done, by him, in good faith, under this Act.

(1) The State Government may make rules, consistent with this Act,- (a) regulating the procedure to be observed in any inquiry or proceeding under this Act; and (b) generally for the purpose of carrying into effect all or any of the provisions of this Act. (2) All rules made under this section shall be published in the Official Gazette. (3) Every rule made under this Act shall be laid, as soon as my be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days, which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

The Punjab Preservation Act, 1900 (2 of 1900), as in force in the areas added to Himachal Pradesh under section 5 of the Punjab Re-organisation Act, 1966 (31 of 1966) and the Mandi State Anti-Erosion Act, 2004 B.K.(4 of 2004 B.K.), as in force in the areas comprised in the erstwhile princely State of Mandi, are hereby repealed: Provided that anything done or any action taken, including rules made, notifications issued or proceedings commenced or continued under the provisions of the Acts hereby repealed shall, unless it is inconsistent with the provision of this Act, be deemed to have been done, taken, made, issued, commenced or continued under the corresponding provisions of this Act.