Chapter V PENALTIES AND PROCEDURE

Any person who, without the permission of the Forest Officer in writing or in contravention of any provisions of this Act or any rule or order made thereunder- (a) fells, girdles, lops, taps or burns any tree in a Controlled Forest, or strips off the bark or leaves from, or otherwise damages, any such tree; or (b) quarries any stone, or burns any lime or charcoal, or collects, subject to any manufacturing process, or removes any forest produce from a Controlled Forest; or (c) breaks up clears, for cultivation or any others purpose any land in a Controlled Forest; or (d) sets fire to a Controlled Forest or kindles a fire without taking all reasonable precautions to prevent its spreading to any portion of such forest; or (e) permits cattle to damage any tree in a Controlled Forest, 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.

Any person contravening any rule, for thee contravention of which no penalty is otherwise provided by this Act, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.

(1) When there is a reason to believe that a forest offence has been committed in respect of any forest produce, such produce found within the Controlled Forest where an offence has been committed, may be seized by any Forest 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 a seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made.

On receipt of any report made under sub-section (2) of section 52 the Magistrate shall with all convenient despatch take such measure as may be necessary for the apprehension of and trial of the offender and the disposal of the seized property according to law.

(1) All trees, timber or other forest produce in respect of which a forest offence has been committed shall be liable to confiscation. (2) Such confiscation may be in addition to any other punishment prescribed for such offence.

When the trial of any forest A offence is concluded, any tree, timber or other forest produce in respect of which such offence has been committed, shall, if it 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, subject to rules, if any, direct.

When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order property in respect of which the offence has been committed, to be confiscated 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 thereof and the evidence, if any, which he may produce in support of his claim.

The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale off any property subject to speedy and natural decay seized under sub-section (1) of section 52 and may deal with the proceeds as he would have dealt with such property if it had not been sold.

The officer who made the seizure under section 52 or any official superior, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under sections 54 to 56 appeal against the order of acquittal or conviction, as the case may be, to court to which orders made by such Magistrate are ordinarily appealable and the order passed on such appeal shall be final.

When an order for the confiscation of any property has been passed under section 54 or section 56, as the case may be, and the period prescribed by section 58 for an appeal from such order has expired and no such appeal has been preferred or when on an appeal being preferred the appellate court confirms such order in respect of the whole or portion of such property, or such portion thereof, as the case may be, shall vest in the Government for the purpose of the State free from all encumbrances.

Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under sub-section (1) of section 52.

Whoever, with intent to cause A 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 belongs to a Controlled Forest or is the property of some person or that it may lawfully be cut or removed by some person ; (b) alters, defaces, or obliterates any such marks placed on a tree in a Controlled Forest or on timber lying in or removed from any such forest by or under thee authority of a Forest Officer; or (c) alters, moves, destroys or defaces any boundary mark of any Forest, 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.

(1) When any person is reasonably suspected of having committed any forest offence punishable with imprisonment for one month or upwards and refuses on the demand of a Forest Officer to give his name and address, or gives a name or address which such officer has reason to believe to be false, he may be arrested by such officer, in order that his name and address may be ascertained. (2) When the true name and address of such person have been ascertained, he shall be released. If the true name and address of such person are not ascertained within twenty-four hours from the time of his arrest, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Every Forest Officer shall prevent, and may interfere for the purpose of preventing the commission of any forest offence.

The offences other than those specified in section 61 and section 62 punishable under the Act may with the permission of the Court before which any prosecution for such offence is pending be compounded by any Forest Officer so empowered by the State Government in this behalf.

Whenever in connection with any forest offence a question arises as to whether any trees, timber or other forest produce seized within the limit of a Controlled Forest, belongs to such forest, such trees, timber or other forest produce shall be presumed to belong to such forest until the contrary is proved.