Insertion of section 53A, section 53B, section 53C and section 53D in Act VIII of 1978

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.".