Confiscation of illegally stored timber, plants, machinery etc

Confiscation of illegally stored timber, plants, machinery etc. -

1. (1) Save as provided in clause
   • (b) of section 4-
   • (a) where any sawmill is established or operated in an area declared as a prohibited area under sub-section
2. (1) of section 5; or
   • (b) where any sawmill is established or operated without a licence or without renewal of a licence under sub-sections
3. (2) and
4. (4) respectively of section 6;
   • (c) where any sawmill is operated after the licence has been suspended or revoked under sub-section
5. (5) of section 6; or
   • (d) where any sawmill is operated with the aid of electric energy or electric installation in contravention of sub-section
6. (1) of section 10; or
   • (e) where any timber is stored in any sawmill for which no account has been kept; The Licensing Officer may order that the stock of timber unlawfully stored, and/or all such plants, machinery, tools and equipments, or any part thereof, be confiscated.
7. (2) No order for confiscating any property shall be made under sub-section
8. (1) unless the person from whom the property is seized, and in the case where the owner of such property is known, to such person-
   • (a) is given a written notice informing him of the grounds on which it is proposed to confiscate such property;
   • (b) is given an opportunity of making a written representation against the grounds of confiscation within such reasonable time as may be specified in the notice; and
   • (c) is given a reasonable opportunity of being heard in the matter.
9. (3) Any Forest Officer not below the rank of Conservator of Forests, who has been empowered in this behalf by the State Government by notification, may, within thirty days of the date of the order of confiscation passed by the Licensing Officer under sub-section (1), either suo-motu or on an application, call for and examine the records relating to such order and may pass such order as he may deem fit, but no order prejudicial to any person shall be passed without giving him an opportunity of being heard.
10. (4) Any person aggrieved by an order passed under sub-section
11. (3) may, within thirty days of the date on which such order is communicated to him, appeal to the District Court having jurisdiction over the area in which the property was seized, and that District Court shall, after giving the parties an opportunity of being heard, pass such order as it may deem fit, and the order so passed by the District Court shall be final. Where any order for confiscation of any property passed under sub-section
12. (1) or sub-section
13. (3) or sub-section
14. (4) has become final in respect of the whole or any part of such property, such property or such part thereof, as the case may be, shall vest in the State Government, free from all encumbrances.
15. (5) Nothing in this section shall be deemed to prohibit the imposition of any other penalty to which the person from whom the property was seized is liable under this Act for the order of confiscation in relation to sub-section
16. (1) or sub-section
17. (3) or sub-section (4).