Chapter VI Chapter VI

Prevention and Detection of Offences

Insertion of section 53A, sebtion 53B. section 53C and section 53D in Act VIII of 19f8.-After section 53 of the principal Act, the following sections shall be inserted, namely :- "53A. Power to remove encroachments. -

1. (1) Notwithstanding anything contained in any othei law for the time bein8 in fora, any person who unauthorizedly takes or &ns in possession of any land in areas declared as protected area under rhis Act, may without prejudice to any other provision of this Act, be swnmafily ejected by'. an order of an offiwr not below the rank of Deputy Conservator of Forests or Wildlife Wad not below the rank of Regiod Wildlife Widen d any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him witbin such time as Forest Officer or Wildfih Warden may fix, shafl be fbrfkited : Provided that no order of em under this section shell be passed unless the persun proposed to be q&med\ is given . reaso&le opportunity of showiag cau& as to wby such order should not be passed.
2. (2) Any property so forfeited &dl be dism off in such manner as the Forest Gf&qtr or W~Mlife Wardal may direct and the cost of removal of any cfdp or buikiing or other work and, dl of all works nesessarq; to restore the land to its original condition shall be recoverabie &om such person in the maum provided in section 53B.
3. (3) Any person abrieved by an order of tbc Faert Otticol or Wildlife Warden under stib-wSio11
   • (I) may, with in such period and in such manner as may be grmcrikd, appeal against such order to the Cbief WIW WaFdca and the order of the Forest Ofiw or Wiidlifk W* shall, wbjact to the decision of such appeal, be W.
4. (4) The provisions of this sectioa &all apply my other pernalty tha! may be imposed fot viddon of my other provision of this Act. "53B. Compembtion for loss or damage.-Any persoa who causes any toss or damage to any praWtd area or encroaches .upon such area shill be liable to compensate the available undir this section shall be without prejudig and in addition to any remedy that the Government may havekunder any law in this regard. "53C. Recovery of dues. money payable to the Government under this Act any rule made thereunder, or on account of price produce or expenses incurred in the in respect of such produce, shall if recovered under the law for the time were an arrear of land revenue. "53D. Offences . non-bailabi#.-Notwithstanding anything contained in this Act or any bther law for the time being in force all offences under this A& other than those compoundable under section 46 'shall be non&ailable, and sothing in section 497A .of bode of Criminal Procedu~, Samvat 1989 shall apply to ?fences undkr .this Act.".

Insertion of sections 54A an4 54B. in Act VIII of 2978.-Afizr section 54, of the principal Acq, the following sections shall be inserted, namely :- "54A. Penalty /or forcibly okposng seizure.--Any person who opposes the seizure of toolsi arms, boats, .carts, equipments ropes, chains, mechines, vehich, or live-stock liable to be seized under this Act or forcfbly recovers the same after seizure shall be punishable with imprisonment for a term which may extend to thrce years but skiall not be less than six months and with fine which may extedd to ten thousand rupees but shall not be less than five thbusand rupees.". '3 4B. Penalties for non-co&liance.-Any person who wiifully neglects to give infornJation or to render assistance which he is bound to give or rbnder under this Act shall be liable, on conviction by the Judibial Magistrate of First Class, to fine not exceeding five tho sand rupees or in default of payment of such fie to sirnplj imprisonment for a term not exceeding six months.".

Amendment of section 56, Act t211 of 1978.-In section 56 of h principal Act,-

1. (a) in sub-section (I),-
   • (i) fix the words "any officer of a rsnk ]lot inferior to that of an Assistant Conservator of Forests"the words "any officer not below the rank of Assistam Wildlifk Warden or Assistant Conservator of Forests" shall be substituted ; and
   • (ii) in clause (b), for the words "as liable" the words "is liable" shall be substituted ;
2. (b) in sub-don (4), for the words '%me thousand rupees" the words "fifteen thousand rupees" shall be sutr'stituted.

~ubstirut& of section 57, Act YII of 1978.-For section 57 of the principal Act, the following section shaIl be substituted, namely :- "57. Rewards.-

1. (1) When a court imposes a sentence of fme or a sentence of which fure fonns ,a part, the court miiy when passing judgment, order that the reward I be paid to a person who rendered assistance in the detection of the oflbce or the apprehension of the offenders out of the proceeds of fine not exceeding twenty per cent of such fine.
2. (2) When a case is compounded under &n 56, the officer compounding may order reward to be paid to a person who rendered assistance in the ddon of the offence or the apprehension of the oEbnders out of the sum of money aqxpted by way of composition not exceeding twenty per cent of such money.
3. (3) Notwithstanding anything contained in sub-section
4. (1) aad sub-section (2), the Chief Wildlifk Warden may order payment of reward not exceeding rupees two thousand and five hundred to be paid to the persons who rendered assistance in the detection of offence leading,to seziuh or apprehension of an offknder in such manner as may be prescribed. ".

Amendment of section 58, A& VIII of 1978.-The full-stop at the end of section 58 of thei principal Act, shall be substituted by a colon and thereafter the fdllowing proviso shall be added, namely :- " Provided that a Court may take+gnizance of such any offence on the complaint of any per@ who has given notice of not less than sixty days, in the qanner prescribed, of the alleged offence and of his intention ;to make a complaint, to the Government or the officer mthorised as af~resaid.".

Substitution of section 60, Act n@ of 1978.-For section 60 of the principal Act, following sectidn shall be substituted, namely :- "68. Presumption to be -madel in certain cases.-Where, in any prosecution for an 'offence under this Act, it is established that a person is in posksslon, custody or control of any captive animal, animal articlb, meat, trophy, uncured trophy, forest produce, specified plat, or part or derivative thereoE, it shall be presumed, until t$e contrary is proved by the accused, that.such person is in unlbwful possession, custody or control of such captive animal, &d article, meat, trophy, uncured trophy, forest produce, s&ifie$ plant, or part or derivative thereof.".

Insertion of section 6OA in AN YrPI of 1978.-After section 50 of the principal Act, the following !section shall be inserted, namely :- "60A. Penalties for breach of brher provisiomsa-bny person breaking any provision of this Act for the'biePeh of whi& no special penalty is provided; sbdl be bepunis& with the imprisonment for a term which extend td t+va years but shall not be less six mo as8 with fim WGC~ may extend to ten thousand rupees bbt shall not be less than five thousand rupees.".

Substitutton of Schedules in Act LMII of 1978.-For the Schedule I, Schedule 11, Schedule EU, Scqule IV and Schedule V

of the principal Act, the following Schedules shall be substituted,

namely :-