Chapter III PENALTIES AND PROCEDURE

Any person who intentionally disobeys or violates any of order or direction passed by competent authority under any of the provisions of this Act shall on conviction for such offence, be punished by simple imprisonment not exceeding one month or with a fine not exceeding Rs. 500/- (Rupees Five Hundred) or with both.

(1) When there is reason to believe that a forest offence has been committed inrespect of any forest any produce, such produce may be seized by any Forest Offlcer or Police Officer. (2) Every Officer seizing any property under this section shall place on such property a mark indicating that the same has been seized and shall, as soon as may be, make a report of such seizure to the Magistrate having jurisdiction to try the offence for which the seizure

has been made.

Upon receipt of any such information about the Commission of a forest offence, the Magistrate shall take such meas be necessary for the trial of the accused and the disposal of the property according to law.

When any person is convicted of a forest offence, produce in respect of which such offence has been committed shall be liable, by order of the convicting Court to confiscation. Such confiscation may be in addition to any other punishment prescribed for such offence.

When the trial of any forest offence is concluded, any forest produce in respect of which such offence has been committed, shall, if it.has been confiscated be taken possession of by a Forest Officer specially empowered in this behalf and shall be disposed of in such manner as the Court may order.

When the offender is not known or cannot be found the Magistrate enquiring into the offence, if be finds that an offence has been committed may on application in this behalf, order the property in respect of which the offence has been committed may on application in this behalf, order the property in respect of which the offence has been committed to be confiscated and taken possession of by a Forest Officer, specially empowered in this behalf or to be made over to such Forest Officer or other person as the Magistrate may consider entitled to the same. (1) Provided that no such order shall be till the expiration of one month from the date of the seizure of such property1 or without hearing the person claiming right thereto. (2) The Magistrate shall, on application, either cause a notice under sub-section (1) to be served upon any person whom he has reason to believe to be interested in the property seized, or publish such notice in any way which he may deem fit.

The Magistrate may notwithstanding anything hereinbef ore contained, direct the sale of any property seized under section 14 and subject to speedy and natural decay, and may deal with the proceeds as he might have dealt with such property if it had not been sold.

Any person claiming to be interested in property seized under section 14 may within one month from the date of any order passed by a Magistrate under section 16, 17 or section 18 present any appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appellable and the order passed on such appeal shall be final.

When an order for the confiscation of any property being passed under section 16 or section 18 and the period limited by section 20 for presenting an appeal from such order has elapsed, and no such appeal being present of when no such an appeal being presented, the Appellate Court confirmed such order in respect of the whole or a portion of such property or portions as the case may be shall vest in the State Government free from all encumbrances.

Nothing hereinbefore contained, shall be deemed to prevent any Forest Officer from directing at any time, the immediate release of any property seized under section 14 which is not property of the Government and the withdrawal of any charge made in respect of such property.

(1) Any Forest Officer or Police Officer who vexatious and unnecessarily seizures any property on pretence of seizing property liable to confiscation under this Act, shall be punished with imprisonment for a term which may extent to six months, or with a fine which may extend to five hundred rupees, or with both. (2) Any fine so imposed, or any portion thereof shall, if the convicting Court so directs be given as compensation to the person aggrieved by such seizure.

Whoever, with intent to cause damage or injury to the Public or to any person or to cause wrongful as defined in the Indian Penal Code.

(1) Knowingly counterfeits upon any tree or timber a mark used by Forest Officers to indicate may be lawfully felled or removed by some person or

(2) Unlawfully affixes to any tree or timber a mark used by Forest Officers, or

(3) Alters, defaces or obliterates any such mark placed on any tree or timber by or under the authority of a Forest Officer, or

(4) Alters, moves, that such tree or timber is the property of the Government or of some person or that it destroys or defaces any boundary marks of any forest or waste land to which any provisions of this Act apply, shall be punished with imprisonment for a term which may extend to two years, or with fine or with both.

(1) Any Forest Officer or Police Officer may, without orders from a Magistrate and without a warrant, arrest any person reasonably suspected of having been concerned in any forest offence punishable with imprisonment for one month or upwards, if such person refuses to give his name and residence or gives a name or residence believed to be false or if there is reason to believe that he will abscond.

(2) Every Officer making an arrest under this section shall without unnecessary delay, take or send the person arrested before a Magistrate having jurisdiction in the case or to the Officer incharge of the nearest Police Station.

(3) Any Forest Officer or Police Officer who vexatious or maliciously arrests any person on the pretence that he is suspected of having been concerned in any forest offence or otherwise as provided by sub-section (1) of this section shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 500 or with both.

(4) No Forest Officer or Police Officer shall detain in custody a person arrested under sub-section (1) or this Section for a longer period than under the circumstances of the case is reasonable and such period shall not exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court having jurisdiction in the case.

(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer by name or as holding an office

(i) to accept from any person who bad committed any forest offence other than an offence specified in section 23 or section 24 a sum of money by way of compensation for the offences which such person had committed and

(ii) when any property has been seized as liable to confistication to release the Same on payment of the value thereof as estimated by such Officer.

(2) On payment of such sum of money or such value or both as the case may be, to such Officer the property if any, seized shall be released and no further proceedings shall be taken against such person or property.

(3) No Forest Officer shall be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Forest Ranger and the sum of money accepted as compensation under sub-section (1), clause (1), shall not exceed the sum or rupees one hundred in case the compound1~~ is done by a Forest Ranger.

(1) When any person is convicted of felling, cutting, girding, marking, looping or tapping trees or of injuring them by fire or otherwise, in contravention of this Act or of any rule there under~the convicting Court may, n addition to any other punishment which it may award, order the person to pay to the State Government such compensation not exceeding one hundred rupees for each tree with respect of which the offence was committed as it may deem just.

(2) If the person convicted of the offence committed is the agent or servant of another person the Court may, if after hearing that other person, it is satisfied that the Commission of the offence was a consequence of his instigation, or of any neglect or default on his part, order him instead of the person who committed the offence to pay the compensation referred to in sub-section

(3) Appeal from any order under sub-section(1) or sub-section(2) shall lie to the Court to which orders made by the convicting Court are ordinarily appealable, and the order passed on such appeal shall be final.

When the holder of any lease, license or contract whatsoever granted or continued by or on behalf of the Government for any of the purposes of this Act commits an offence against this Act or any rule there under or when any such is committed by any agent or servant of the holder of any such lease, license or contract, and the State Government is satisfied that the Commission of the offence was a sequence of the insigation of such holder or of any neglect or default on his part, the State Government may order in writing, declare the lease, license or contract to be forfeited in whole or in part with effect from a date to be specified in the order not being prior to the date of the commission of the offence.