Chapter V OFFENCES AND PENALTIES

Whoever contravenes any of the provisions of this Act or rules made thereunder shall, on conviction be punished with imprisonment for a term of which may extend to two years or with fine which may extend to five lakh rupees or with both and in case of continuing contravention with an additional fine which may extend to fifty thousand rupees for every day during which such contravention continues.

Whoever abets any offence punishable by or under this Act or attempts to commit any such offence shall be punished with the penalty provided by this Act for committing such offence.

Nothing in this Act shall prevent any person from being prosecuted under any other law for the time being in force for any act or omission made punishable under this Act.

Where any person removes sand from any kadavu or transport sand there from without complying with the provisions of this Act or the rules made thereunder, the tools, implements, loading equipments, vehicles and other articles used or intended to be used for such activities, including sand, shall be seized by an officer not below the rank of a Village Officer of the Revenue Department or a police officer not below the rank of a station house officer or a member of the Special Protection Force. Explanation:—For the purposes of this section, the term ‘vehicle’ shall also include country boat, raft and any other vessel.

(1) Where any property is seized under section 23, the officer seizing such property shall seal all such properties for indicating that the same is seized and shall, whether prosecution proceedings have been initiated or not, within forty eight hours of such seizure make a report of such seizure before the Judicial Magistrate and before the Sub Divisional Magistrate having jurisdiction over the area from where the said properties are seized and the fact of such seizure shall be informed to the Station House Officer of the Police Station, having jurisdiction over the area. Where information regarding such seizure of property is received, the police officer concerned shall take steps under section 102 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974). (2) Where a report under sub-section (1) is received before the Judicial Magistrate having jurisdiction, steps thereon, not contrary to the other provisions of this Act, shall be taken as per the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and, if no claim is raised regarding the articles seized or where the Court is satisfied that the application to release them is not satisfactory,they shall be subjected to confiscation under sub-section (4): Provided that the release of the properties seized to any person, for its safe custody, to any person or its disposal, shall be on sufficient security and such release or disposal shall only be till the completion of the confiscation proceedings under this Act: Provided further that the sand seized shall not, for any reason, be released to any person and the same shall be subjected to confiscation under sub-section (4). (3) Where a report under sub-section (1) is received before a Sub-Divisional Magistrate, a notice requiring to furnish in writing within the stipulated time as stated in the notice, the reasons, if any, for not confiscating the property seized under section 23, shall be issued to the owner of, or the person having control of, the vehicle, tool, implements, loading equipment, or other article. (4) Where the owner of the properties seized or the person having control of the same does not furnish explanation or the explanation given is not satisfactory, and the Sub Divisional Magistrate is satisfied that the properties seized under section 23 are to be confiscated, he shall, by an order, confiscate the same and the fact shall be informed in writing to its owner or the person having its control: Provided that the owner of the properties seized or the person having its control shall be given the liberty to reclaim it, except sand, by remitting an amount equal to the value of the confiscated articles, as fixed by the Collector, in lieu of the properties confiscated: Provided further that the sand confiscated shall not for any reason, be released by realising the value. (5) The amount received under sub-section (4) shall, subject to the provisions of section 23 D, be remitted to the River Management Fund. (6) The value of the sand confiscated under sub-section (4) shall be fixed by the District Collector as directed by the Government from time to time and shall sell to various institutions or individuals through auction, by following the procedures and such amount shall be remitted to the River Management Fund. (7) The confiscation under this section shall be in addition to the punishment provided for the offence under this Act.

Any person aggrieved by an order of confiscation under section 23A may, within fifteen days from the date of such order, prefer a revision to the District Collector and where the District Collector is satisfied on the basis of documents that the said order requires reconsideration, he may revise, amend or cancel such order: Provided that where the District Collector is satisfied that the revision petitioner had sufficient cause for not filing the revision within the time limit, he may condone the delay up to 15 days, but further delay shall not be condoned.

(1) Any person aggrieved by an order of the District Collector under section 23B may, within thirty days from the date of order of the District Collector, file an appeal before the District Court having jurisdiction over the area from where the property is seized. (2) The decision of the District Court on the appeal under sub-section (1) shall be final.

Where the District Collector, in a revision filed under section 23B or the District Court in an appeal filed under section 23C, amend or cancel an order under section 23A or section 23B, as the case may be, the articles confiscated or the amount paid in lieu of confiscation shall be returned to the owner or person having its control and in case of refund of the amount, it shall be paid from the River Management Fund.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences under this Act shall be cognizable.

(1) The court having jurisdiction may, upon a written complaint by an officer referred to in section 23 or of a Geologist of the Mining and Geology Department or upon a police report under sub-section (2) of section 173 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), constituting an offence under this Act, take cognizance of such offence. (2) Where an officer referred to under sub-section (1) is satisfied that an offence under this Act has been committed, he shall, as soon as may be, file a complaint relating to that, before the Magistrate Court having jurisdiction.