Chapter VI PENALTIES AND PROCEDURE

Where the Tree Officer has reason to believe that an offence under this Act is committed in respect of any tree, he may seize the tools and any boats, vehicles or other conveyances or animals 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.

(1) Any Tree officer within such area as the State Government may, by notification specify, may as regards offences under section 22 exercise powers conferred on an Officer incharge of a police station by the provisions of the Code of Criminal Procedure, 1973: Provided that any such power shall be subject to such restrictions and modifications if any, as the State Government may specify. (2) For the purposes of section 156 of the Code of Criminal Procedure, 1973 the area in regard to which the Tree Officer is empowered under sub-section (1), shall be deemed to be a police station and such Officer shall be deemed to be the Officer-in-charge of such station.

If, on any investigation by a Tree Officer empowered under sub-section (1), of section 15A, it appears that there is sufficient evidence to justify the prosecution of the accused, the investigating officer shall submit a report (which shall, for the purposes of section 190 of the Code of Criminal Procedure, 1973 be deemed to be a police report) to a Magistrate having jurisdiction to enquire into or try the case and empowered to take congnizance of offence on police reports.

The Tree Officer may release the properties seized under section 15 if the owner or occupier executes a bond for their production whenever required.

(1) Any Tree Officer may arrest without warrant any person reasonably suspected of having been concerned in any offence under this Act, if such person refuses to give his name and residence or gives a name or residence which the Tree Officer has reason to believe is false or if he has reason to believe that the person will abscond. (2) Any person arrested under this section 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 a period of 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 a Magistrate.

Any Tree Officer who has arrested any person under the provisions of section 17 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 Tree Officer concerned.

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.

Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or commission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder: Provided that no person shall be punished twice for the same offence.

(1) The State Government may, by order, empower a Tree Officer,-

(a) to compound on payment of a sum equivalent to twenty-five per cent of the value of the property involved in the offence, any offence under this Act;

(b) to release any property seized or liable to confiscation, on payment of the value thereof, as estimated by such officer.

(2) On the payment of such sum or such value or both, as the case may be, to such officer, the offender, if in custody, shall be released. The property, if any, seized shall be released and no further proceedings shall be taken against such offender or property.

Any person who contravenes any of the provisions of this Act or orders made thereunder shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both. Upon such conviction the court may order any property in respect of which the offence is committed to be forfeited to the State Government.

(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 liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment 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) Notwithstanding anything contained in sub-section (1) where an offence under this section has been committed within the consent or connivance of, or that the commission of the offence is attributable to, any neglect on the part of any Director, Manager, Secretary or other officer of the Company such Director, Manager, Secretary or other Officer 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 any body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm means a partner in the firm.