section 5
Contravention of section 3 to be reported by certain officers.
The Maharashtra Felling of Trees (Regulation) Act, 1964Environmental196416 sections
Statutory text
- (1) Every Revenue Officer, Forest Officer and Police Officer shall be bound,-
- (a) to give immediate information of any contravention of section 3 to the officer empowered under that section and of the intention or preparation to commit such contravention which may come to his knowledge ;
- (b) to take all reasonable measures in his power to prevent such contravention which he may know or have reason to believe is about or likely to be committed.
- (2) Any Revenue Officer, not below the rank of an Aval Karkun or NaibTahsildar, Forest Officer not below the rank of Range Forest Officer and Police Officer not below the rank of a Sub-Inspector may enter upon any land, where he has reason to believe that any tree has been or is being felled, in contravention of section 3 and seize such felled tree or any loppings thereof, together with its produce and tools, boats, 1[vehicles and other conveyancesic95563 used in committing such contravention, place on such property a mark indicating that the same has been so seized and shall make a report of such seizure to the 2[Tree Officer empowered] under section 3.
- (3) Where any property is seized under sub-section (2), the officer seizing it, shall keep the property in his own custody, or in the custody of any of his subordinates, and shall be responsible for the due custody thereof : Provided that, where the property seized is subject to speedy and natural decay or when the expense of keeping it in custody is likely to exceed its value, the officer seizing it may sell it at once : Provided further that, where such property cannot conveniently be removed, the officer seizing it may, at the instance of the person interested in the property, leave it at the place where it has been seized in the charge of the person interested in the property or in the charge of any respectable person as will undertake to keep such property on his entering into a bond with one or more sureties in an amount not less than the value of the property, that he will take proper care of such property, and produce it when called for.
- (4) If the property so seized is not ordered to be forfeited to the State Government under section 4, that property shall be returned to the person from whom it was seized.
- (5) If any claim is set up by a third person to the property seized as aforesaid, the 3[Tree Officer] empowered under section 3 shall inquire into claim and may admit or reject it, after hearing such person in respect thereof.
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