section 13
Power to seize timber and other articles involved in commission of offence
The Kerala Preservation of Trees Act, 1986Environmental198626 sections
Statutory text
- (1) Where any officer of the Forest Department not below the rank of Forester or any Police Officer not below the rank of Sub Inspector has reason to believe that any tree has been cut in contravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub-section (1) of section 5, he may seize the timber of such tree together with all tools, ropes, chains and other articles used in the commission of such offence and all boats, vehicles and animals used for carrying such timber. Explanation., The terms “boat” and “vehicle” in this section, section 14 and section 15 shall include all the articles and machinery kept in the boat or vehicle, as the case may be whether fixed to the same or not.
- (2) Every officer seizing any timber under sub-section (1) shall place on such timber a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the authorized officer.
- (3) On receipt of a report under sub-section (2), the authorized officer shall, (a) if he is satisfied that the timber mentioned in such report is of any tree cut in contravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub-section (1) of section 5, make a report of such seizure to the Judicial Magistrate of the First Class having jurisdiction over the area in which such seizure has been made;
- (b) if he is not so satisfied, make a report of such seizure to such authority as may be prescribed.
- (4) The authority to which a report is made under clause (b) of sub-section (3) shall,-
- (a) if it is satisfied that the timber mentioned in such report is of any tree cut in contravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub-section (1) of section 5, make a report of the seizure of such timber to the Judicial Magistrate of the First Class having jurisdiction over the area in which such seizure has been made;
- (b) if it is not so satisfied, order that such timber and any tool, rope, chain or other article or any boat, vehicle or animal seized along with it shall be returned to the person from whom they were seized.
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