Chapter IX PENALTIES AND PROCEDURE

1. (1) When there is reason to believe that a forestoffence has been committed in respect of any forest-produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, maybe seized by any Forest-officer or Police-officer.
2. (2) Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made: Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior. STATE AMENDMENTS Maharashtra Amendment of section 52 of Act 16 of 1927.--In section 52 of the principal Act,--
   • (a) sub-section (1A) shall be deleted;
   • (b) in the marginal note, the words "and forfeiture" shall be deleted. [Vide Maharashtra Act 21 of 2015, s. 5]. Tripura.-- Amendment of section 52.--In sub-section (1) of section 52 of the principal Act, the words "carts or cattle", the words and mark "carts, vehicles or cattle" shall be substituted. [Vide Tripura Act 10 of 1984, s. 5]. Jammu and Kashmir and Ladakh (UTs).-- Section 52.--Substitute section 52 with the following section, namely:-- "52. Seizure of property liable to confiscation and procedure thereof.-- (1) When there is reason to believe that a forest offence has been committed in respect of any reserved forest, protected forest, village forest or forest produce, the forest produce, together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any such offence, may be seized by a Forest Officer or Police Officer.
3. (2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure before an officer not below the rank of the Divisional Forest Officer (hereinafter referred to as the authorised officer): Provided that when the forest produce with respect to which such offence is believed to have been committed is the property of the Government and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
4. (3) Subject to sub-section (5), where the authorised officer upon receipt of report about seizure, is satisfied that a forest offence has been committed in respect thereof, he may, by order in writing and for reasons to be recorded, confiscate forest produce so seized together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing such offence and a copy of the order of confiscation shall be forwarded without any undue delay to the person from Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges to be levied for the upkeep and fee of whom the property is seized and to the Conservator of Forest Circle in which the forest produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article as the case may be, has been seized.
5. (4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer,--
   • (a) sends an intimation in writing about initiation of proceedings for confiscation of the property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;
   • (b) issues a notice in writing to the person from whom the property is seized and to any other person who may, in the opinion of the authorised officer to have some interest in such property;
   • (c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and
   • (d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose.
6. (5) No order of confiscation under sub-section (3) of any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article (other than timber or forest produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against the use of objects aforesaid for commission of forest offence.
7. (6) Where the cattle are involved in the commission of a forest offence, the same after seizure by any officer, shall be entrusted to any responsible person under a proper receipt on an undertaking to produce the same when required in case there is no cattle pound within a radius of five kilometres from the place of such offence: Provided that notwithstanding anything contained in section 57, in case of unclaimed cattle a Forest Officer not below the rank of Range Officer, after giving sufficient publicity in the vicinity of the place of offence for the owner to come forward to claim the cattle within seven days from the date when such publicity has been given, may dispose them of by public auction.
8. (7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the chargesto be levied for the upkeep and fee of the cattle. Insertion of section 52A to 52D.-- After section 52, insert the following sections, namely:-- 52A. Revision before Court of Sessions against order of confiscation.-- (1) Any party aggrieved by an order of confiscation under section 52 may within thirty days of the order or if facts of the confiscation have not been communicated to him, within thirty days of knowledge of such order submit a petition for revision to the Court of Sessions Division whereof the headquarters of Authorised Officer are situated. Explanation I.--In computing the period of thirty days under this sub-section, the time required for obtaining certified copy of the order of Authorised Officer shall be excluded. Explanation II.--For the purposes of this sub-section a party shall be deemed to have knowledge of the order of confiscation under section 52 on publication of such order in two daily newspapers having circulation in the State.
9. (2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by the Authorised Officer.
10. (3) Copies of the order passed in revision shall be sent to the Authorised Officer for compliance or passing such further order or for taking such further orders or for taking such further action as may be directed by such Court.
11. (4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.
12. (5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) the order of Court of Sessions passed under this section shall be final and shall not be called in question before any Court. 52B. Bar to jurisdiction of Courts etc. under certain circumstances.--(1) On receipt of report under sub-section (4) of Section 52 about intimation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject matter of confiscation, has been made, no Court, Tribunal or Authority other than Authorised Officer and Court of Sessions referred to in sections 52 and 52A shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force. Explanation.--Where under any law for the time being in force, two or more Courts have jurisdiction to try the forest offences, then receipt of intimation under sub-section (4) of section 52 by one of the Courts shall operate as bar to exercise jurisdiction on all such other Courts.
13. (2) Nothing in sub-section (1) shall affect the power saved under section 61 of the Act. 52C. Power of search and seizure.--(1) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle.
14. (2) Any forest officer not below the rank of Range officer, having reasonable grounds to believe that forest produce is, in contravention of the provisions of this Act, in the possession of a person in any place, may enter such place with the object of carrying out a search for the forest produce and its confiscation: Provided that such search shall not be conducted otherwise than in accordance with the provisions of the Code of Criminal Procedure, 1973. 52D. Penalty for forcibly opposing seizure.--Whosoever opposes the seizure of any forest-produce, tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article liable to be seized under this Act, or forcibly receives the same after seizure, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty five thousand rupees, or with both. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Tripura.-- Insertion of new section.--After Section 52 of the Principal Act, the following new section shall be inserted, namely:-- 52A. Confiscation of saw mill etc.--(1) Where a Saw Mill is established, maintained or operated without a licence or without renewal of a licence the authorised officer may order confiscation of the stock of wood together with whole or portion of the plants, machinery, implements, tools, and equipments of the Saw Mill.
15. (2) Where the authorised officer seizes under sub-section (1) of Secion 52 any forest produce or where any such property is produced before the authorised officer after seizure by any Forest Officer and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, equipments, ropes, chains, boats, carts, vehicles and cattle used in committing such offence.
16. (3) No order confiscating any property shall be made under Sub-Section (1) or Sub-section (2) unless the person from whom the property is seized and in case the owner of such property is known, such person is given--
    • (a) a notice in writing informing him the grounds on which it is proposed to confiscate such property;
    • (b) an opportunity of making representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and
    • (c) a reasonable opportunity of being heard in the matter.
17. (4) Any Forest Officer not below the rank of Conservator of Forsts empowered by the State Government in this behalf by notification, may within 30 days from the date of order of confiscation by the authorised officer under sub-section (1) or sub-section (2) either suo-moto or on application, call for and examine the records of that order and may make such inquiry or cause such inquiry to be made and pass orders as he may think fit. Provided that no order prejudical to any person shall be passed without giving him an opportunity of being heard.
18. (5) Any persons aggrieved by an order passed under sub-sections (l), (2) or (4) may within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the property has been seized and the District Court shall after giving an opportunity to the parties to be heard; pass such order as it may think fit and the order of the District Court so passed shall be final. Where an order of confiscation of any property passed under sub-section (1) or sub-section (2) or sub-section (4) has become final in respect of the whole or any portion of such property; such property or the portion there of; as the case may be shall vest in the State Government free from all encumbrances. Explanation.--For the purposes of this section authorised officer means an officer not below the rank of Assistant Conservator of Forest authorised by the State Government by notification. [Vide the Tripura Act 8 of 1987, s. 3] Uttar Pradesh Amendment of section 52--In section 52 of the principal Act, ---
    • (i) in sub-section (1), for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or other articles" shall be substituted;
    • (ii) for sub-section (2), the following sub-sections shall be substituted, namely-- "(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.
19. (3) Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer."] [Vide Uttar Pradesh Act 1 of 2001, s. 6] Amendment of Sections 52, 53 and 55 of Act XVI of 1927-- In sub-section (1) of Section 52 and Section 53 and 55 of the principal Act, for the word Carts wherever occurring the word "Vehicles" shall be substituted. [Vide Uttar Pradesh Act XXI of 1960, s. 7] Insertion of new sections 52-A, 52-B, 52-C and 52-D-- 52-A. procedure on seizure--(1) Notwithstanding anything contained in this Act or any other law for the time being in force where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under subsection (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence, before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.
20. (2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior.
21. (3) Where the authorised officer passing an order under subsection (1) is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.
22. (4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property: Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice.
23. (5) No order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable recautions had been taken against use of the objects aforesaid for the commission of the forest offence. 52-B. Appeal--Any person aggrieved by an order of confiscation may, with in thirty days of the date of Communication to him of such order, prefer an appeal to the State Government and the State Government shall, after giving an opportunity of being heard to the appellant and the authorised officer pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the State Government shall be final. 52-C. Order of confiscation not to prevent any other punishment--No order of confiscation under section 52-A or 52-B shall prevent the indication of any punishment to which the person affected thereby may be liable under this Act. 52-D. Bar of jurisdiction in certain cases--Notwithstanding anything to the contrary contained in this Act or in the code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of section 52, the authorised officer under section 52-A or the State Government under section 52-B shall have jurisdiction, to the exclusion of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property."] [Vide Uttar Pradesh Act 1 of 2001, s. 7.] Uttarakhand.-- Amendment of section 52.--In section 52 of the Principal Act--
    • (i) in sub-section (1), for the words "carts or cattle " the words "vehicles, cattle, ropes, chains or other articles " shall be substituted;
    • (ii) for sub-section (2), the following sub-sections shall be substituted, namely:-- "(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.
24. (3) Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer. ". [Vide Uttarakhand Act 10 of 2002, s. 6] Insertion of new section 52-A, 52-B, 52-C and 52-D.--After section 52 of the principal Act, the following sections shall be inserted, namely:-- 52-A. Procedure on seizure.--(1) Notwithstanding anything contained in this Act or any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under sub-section (1) of Section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.
25. (2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior.
26. (3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the property is subject to speedy and natural decay he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every sale to his official superior.
27. (4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property : Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice.
28. (5) No order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence. 52-B. Appeal.--Any person aggrieved by an order of confiscation may, within thirty days of the date of communication to him of such order, prefer an appeal to the Conservator of Forests of the circle who shall, after giving an opportunity of being heard to the appellant and the authorised officer, pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the Conservator of Forests of the circle shall be final. 52-C. Order of confiscation not to prevent any other punishment.--No order of confiscation under Section 52-A or 52-B shall prevent the infliction of any punishment to which the person affected thereby may be liable under this Act. 52-D. Bar of Jurisdiction in certain cases.--Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of Section 52, the authorised officer under Section 52-A or the State Government under Section 52-B shall have jurisdiction, to the exclusion of every other officer, court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property. ". [Vide Uttarakhand Act 10 of 2002, s. 7] Amendment of section 52 of Act XVI of 1927.--In section 52 of the principal act,--
    • (a) after sub-section (1), the following sub-section shall be inserted namely :-- "(1A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may be reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle";
    • (b) in sub-section (2) after the words "on such property, " the words and brackets "or the receptacle or vehicle (if any) in which it is contained," shall be inserted;
      • (ii) after the proviso, the following shall be added, namely :-- "Provided further that, where the offence on account of which the seizure has been made in respect of timber, sandalwood, firewood, charcoal or such other forest produce as may be notified by the State Government, from time to time (hereinafter referred to as the notified forest produce") and which is the property of the State Government, such officer shall make a report of such seizure also to the concerned authorised officer under section 61A. Explanation.--For the purposes of this Chapter, the expression "property of Government" and "property of the State Government include the property belonging to the Forest Development Corporation of Maharashtra, Limited";"
    • (c) in the marginal note, for the word "confiscation" the words "confiscation and forfeiture" shall be substituted." [Vide Maharashtra Act VII of 1985, s. 7.] Maharashtra.-- Amendment of sections 52, 53 and 55 Act XVI of 1927.--In sections 52, 53 and 55 of the Indian Forest Act, 1927 (XVI of 1927), for the word "carts", wherever it occurs, the word "vehicles" shall be substituted. [Vide Maharashtra Act XXV of 1953, s. 2.]

Any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, boats, carts or cattle under section 52, may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 53.-For section 53, substitute the following section, namely:-- 53 Power to release property seized under section 52.- Any forest officer of a rank not inferior to that of a Range Officer, who, or whose subordinate, has seized any tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing any forest offence, including the forest produce, under section 52, may release the same on the execution by the owner thereof, of a security in a form of a bank guarantee, of an amount not less than the value of such property, as estimated by such officer, for the production of the property so released when so required by the Magistrate having jurisdiction to try the offence or by the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made: Provided that when any forest produce is seized at a remote location from where it is not practicable to transport it immediately, the officer who, or whose subordinate has effected such seizure under section 52, may entrust the same (Supardnama) to any responsible person on the execution of a bond thereof, by such person, for the production of the property so entrusted if and when required by the Magistrate having jurisdiction to try the offence or before the authorised officer empowered under sub-section (2) of section 52, on account of which the seizure has been made. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] STATE AMENDMENT Orissa Amendment of sections 52 and 53, (16 of 1927).--In section 52 and 53 of the said Act, for the word "carts" wherever it occurs the word "vehicle" shall be substituted. [Vide the Orissa Act 11 of 1954, s. 3] Tripura.-- Amendment of section 53.--In section 53 of the principal Act, for the words "carts or cattle", the words and mark "carts, vehicles or cattle" shall be substituted. [Vide the Tripura Act 10 of 1984, s. 6] Uttar Pradesh Amendment of section 53--In section 53 of the principal Act,--

1. (i) for the words "vehicles or cattle" the words "vehicles, cattle, ropes, chains or other articles" shall be substituted.
2. (ii) after the words "the seizure has been made" the words "except in respect of cases falling under section 52-A for which the procedure laid down in that section shall be followed" shall be inserted.] [Vide Uttar Pradesh Act 1 of 2001, s. 8]

Upon the receipt of any such report, the Magistrate shall, with all convenient is despatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law. STATE AMENDMENTS Jammu and Kashmir and Ladakh (UTs).-- Section 54.--For section 54, substitute the following section, namely:-- "54 Receipt of report of seizure by Magistrate and procedure thereupon.-- Upon the receipt of any report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: Provided that before passing any order for disposal of property the Magistrate shall satisfy himself that no intimation under sub-section (4) of section 52 has been received by his court or by any other court having jurisdiction to try the offence on account of which the seizure of property has been made. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Maharashtra.-- Substitution of section 54 of Act XVI of 1927.--For section 54 of the principal act, the following section shall be substituted, namely:-- "54. Procedure on receipt by Magistrate of report of seizure.-- Upon the receipt of any report under sub-section (4) of section 52, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law: [Vide Maharashtra Act VII of 1985, s. 9]

1. (1) All timber or forest-produce which is not the property of 1[Government] and in respect of which a forest-offence has been committed, and all tools, boats, carts and cattle used in committing any forest-offence, shall be liable to confiscation.
2. (2) Such confiscation may be in addition to any other punishment prescribed for such offence. STATE AMENDMENTS Maharashtra Amendment of section 55 of Act 16 of 1927.--In section 55 of the principal Act,--
   • (a) in sub-section (1), for the words shall be liable by order of the convicting court to forfeiture the words shall be liable to confiscation shall be substituted;
   • (b) in sub-section (2), for the word forfeiture the word confiscation shall be substituted;
   • (c) in the marginal note, for the word forfeiture the word confiscation shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 6]. Jammu and Kashmir and Ladakh (UTs).-- Section 55.- For sub-section (1), substitute the following sub-section:--
3. (1) All timber or forest produce which in either case is not the property of the Government and in respect of which a forest offence has been committed, and all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article, in each case used in committing any forest offence shall, subject to the provisions of section 52, 52A and 52B, be liable to confiscation upon conviction of the offender for such offence. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 55--In section 55 of the principal Act, in sub-section (1) for the words "vehicle and cattle used in committing any forest offence" the words "vehicles, cattle, ropes, chains and other articles used in committing such forest office" shall be substituted. [Vide Uttar Pradesh Act 1 of 2001, s. 9]. Uttarakhand.-- Amendment of section 55.--In section 55 of the principal Act, in sub-section (1) for the words "Carts and cattle used in committing any forest offence" the words "vehicles, cattle, ropes, chains and other articles used in committing forest offence" shall be substituted. [Vide Uttarakhand 10 of 2002, s. 9]. Maharashtra.-- Amendment of section 55 of Act XVI of 1927.--In section 55 of the principal Act,--
   • (a) in sub-section (1), for the words "shall be liable to confiscation," the words, figures and letter "shall, subject to section 61G, be liable by order of the convicting court to forfeiture.", shall be substituted;
   • (b) in sub-section (2), for the word "confiscation" the word "forfeiture" shall be substituted;
   • (c) in the marginal note, for the word "confiscation" the word "forefeiture" shall be substituted. [Vide Maharashtra Act VII of 1985, s. 10]. Maharashtra.-- Amendment of sections 52,53 and 55 Act XVI of 1927.--In sections 52, 53 and 55 of the Indian Forest Act, 1927 (XVI of 1927), for the word "carts", wherever it occurs, the word "vehicles" shall be substituted. [Vide Maharashtra Act XXV of 1953, s. 2].

When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of 1[Government] or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct. STATE AMENDMENTS Maharashtra. Amendment of section 56 of Act 16 of 1927.--In section 56 of the principal Act, for the word "forfeited" the word "confiscated" shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 7]. Jammu and Kashmir and Ladakh (UTs).-- Section 56.--For the words "When the trial of", substitute the words, figures and letter, "Without prejudice to the provisions of section 52C, when the trial of". [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]. Maharashtra.-- Amendment of section 56 of Act XVI of 1927.--In section 56 of the principal Act,--

1. (a) for the word "confiscated" the word "forefeited" shall be substituted;
2. (b) for the words "in any other case, may be disposed of” the words, figures and letters "in any other may, subject to section 61G, be disposed of” shall be substituted. [Vide Maharashtra Act VII of 1985, s. 11].

When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forestofficer or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim. STATE AMENDMENTS Maharashtra Amendment of section 57 of Act 16 of 1927.--In section 57 of theprincipal Act, for the word forfeited the word confiscated shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 8]. Jammu and Kashmir and Ladakh (UTs).-- Section 57.--For section 57, substitute the following section, namely:-- "57. Procedure when the offender is not known or cannot be found.-- When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject to section 52B, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest officer, or to be made over to the person whom the Magistrate deems to be entitled to the same: Provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim." [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 57--In section 57 of the principal Act, for the words "The Magistrate may" the words "the Magistrate, subject to section 52-D may." shall be substituted. [Vide Uttar Pradesh Act 1 of 2001, s. 10] Uttarakhand.-- Amendment of section 57.--In section 57 of the principal Act, for the words "The Magistrate may" the words "The Magistrate, subject to section 52-D, may" shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 10] Maharashtra.-- Amendment of section 57 of Act XVI of 1927.-- In section 57 of the principal Act, for the portion beginning with the words "the Magistrate may" and ending with the words to be confiscated" the following shall be substituted, namely:-- "the Magistrate may, if he finds that an offence has been committed, but subject to section 61G, order the property in respect of which the offence has been committed, to be forfeited together with tools, boats, vehicles or cattle and other articles used in committing the offence.". [Vide Maharashtra act VII of 1985, s. 12]

The Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 58.--For section 58, substitute the following section, namely:-- 58. Procedure as to perishable property seized under section 52. -- The Authorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore contained, direct the sale of any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt had it not been sold. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 58--Ins section 58 of the principal Act, for the words "The Magistrate may, notwithstanding anything hereinbefore contained," the words "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the Magistrate may," shall be substituted. [Vide Uttar Pradesh Act 1 of 2001, s. 11] Uttarakhand.-- Amendment of section 58.--In section 58 of the principal Act for the words "The Magistrate may, notwithstanding anything herein before contained," the words, "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the magistrate may" Shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 11] Maharashtra.-- Substitution of section 58 of Act XVI of 1927.--For section 58 of the principal Act, the following section shall be substituted namely:-- "58. Procedure as to perishable seized under section 52.--The Forest-officer who made the seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell any property seized under section 52 and subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.". [Vide Maharashtra Act VII of 1985, s. 13]

The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

60. Property when to vest in 1[Government].-- When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from such order has elapsed, and no such appeal has been preferred, or when on such an appeal being preferred, the Appellate Court confirms such order in respect of the whole or a portion of such property, such property or such portion thereof, as the case may be, shall vest in the 1[Government] free from all incumbrances. STATE AMENDMENTS Maharashtra Amendment of section 60 of Act 16 of 1927.--In section 60 of the principal Act, for the word "forfeiture" the word "confiscation" shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 9]. Jammu and Kashmir and Ladakh (UTs).-- Section 60.--Renumbered as sub-section (2) thereof, and, before sub-section (2) as so renumbered, insert the following sub-section, namely:--

1. (1) Property ordered to be confiscated by an authorised officer under section 52, subject to the result of revision before Court of Sessions under section 52A shall upon conclusion of proceedings in revision, vest in the Government free from all encumbrances: Provided that if no revision is preferred under section 52A, such vesting shall take effect on expiry of period specified for the submitting petition for revision under section 52A. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Amendment of section 60--Section 60 of the principal Act shall be renumbered as sub-section (1) thereof and 'after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:-- "(2) When an order for confiscation has been passed under section 52-A and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when in appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the State Government free from all encumbrances."] [Vide Uttar Pradesh Act 1 of 2001, s. 12] Maharashtra.-- Amendment of section 60 of Act XVI of 1927.---In section 60 of the principal act, for the words "confiscation" the word "forfeiture" shall be substituted. [Vide Maharashtra act VII of 1985, s. 14] Uttarkhand.-- Amendment of section 60.--- Section 60 of the principal Act shall be renumbered as sub-section (1) thereof and after sub-section (1) as so renumbered the following sub-section shall be inserted, namely:-- "(2) When an order for confiscation has been passed under Section 52-A and the period of limitation for an appeal or revision has elapsed and no appeal or revision has been preferred or when an appeal or revision the order for confiscation for whole or a portion of the property has been confirmed, the property or such portion, as the case may be, shall vest in the State Government free from all encumbrances.". [Vide Uttaranchal Act 24 of 2014, s. 12]

Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the 1[State Government] from directing at any time the immediate release of any property seized under section 52. STATE AMENDMENTS Maharashtra Amendment of section 61A of Act XVI of 1927.--In section 61A of the principal Act,--

1. (a) for sub-section (3), the following sub-section shall be substituted:-- "(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is the property of the State Government, is seized under sub-section (1) of section 52, or any such forest-produce is produced before any authorised officer under sub-section (1) and he is satisfied that a forest-offence has been committed in respect of such forest-produce, notwithstanding whether or not a prosecution is instituted for the commission of such offence, such authorised officer shall order the forest-produce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats, vehicles and cattles used in committing such offence.";
2. (b) in sub-section (4),--
   • (i) for clause (a), the following clause shall be substituted, namely:-- "(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, vehicles and cattles.";
   • (ii) in clause (b),--

1. (1) the words property or the shall be deleted;
2. (2) for the word auction the word sale shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 10]. Amendment of section 61B of Act 16 of 1927.--In section 61B of the principal Act,--
   • (a) in sub-section (1), the words "any timber, sandalwood, firewood, charcoal or any other notified forest-produce," shall be deleted;
   • (b) after sub-section (2), the following sub-section shall be added, namely:-- "(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1) of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has been used in committing a forest-offence in respect of timber, fire-wood, sandalwood, charcoal or any other notified forest-produce which is the property of the State Government, notwithstanding anything contained in the foregoing provisions, the authorised officer may pass order in accordance with the provisions contained in section 61A: Provided that, no such order shall be made until the expiration of a period of thirty days form the date of seizing such property or without hearing the person claiming any right thereto.". [Vide Maharashtra Act 21 of 2015, s. 11]. Substitution of section 61F of Act 16 of 1927.--For section 61F of the principal Act, the following section shall substituted, namely:-- 61F. Property etc. confiscated when to vest in Government.--When an order for confiscation of any property has been passed under section 61A or section 61C, and the period of limitation provided by section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.". [Vide Maharashtra Act 21 of 2015, s. 12]. Amendment of section 61G of Act 16 of 1927.--In section 61G of the principal Act, for the word "offence" the words "forest-offence in respect of such property" shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 13]. Uttar Pradesh Insertion of new sections 61-B and 61-C--After section 61-A of the principal Act, the following sections shall be inserted namely:-- "61-B. Summary eviction of unauthorised occupants--(1) If a Forest Officer, not below the rank of a Divisional Forest officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29 as the cases may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.
3. (2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.
4. (3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.
5. (4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final. 61-C. Disposal of Property left on land by unauthorised occupant--(1) Where any person has been evicted from any land under section 61-B, the Forest Officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolished building or standing crop.
6. (2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned."] [Vide Uttar Pradesh Act 1 of 2001, s. 13] Addition of new section 61-A--After section 61 of the principal Act, the following new section shall be added, namely-- 61-A. Summary eviction of persons convicted of certain offences.--Where a Court convicts any person of an offencesunder clause (a), clause (b) or clause (h) of sub-section (1) of section 26 of clause (c) or clause (h) of sub-section (1) of section 33, it may, when passing judgment, direct the eviction of such person from any land in respect of which the offence has been committed.
7. (2) Any court of appeal or or revision may direct any order under sub-section (1) passed by a Court subordinate there to be stayed pending consideration by the former Court and may modify, alter or annul such order." [Vide Uttar Pradesh Act XXIII of 1965, s. 14] Uttarakhand.-- Insertion of new sections 61-A and 51-B.--After section 61-A of the principal act, the following sections shall be inserted, namely:-- "61-A. Summary eviction of unauthorised occupants.--(1) If a Forest Officer, not below the rank of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under Section 20 or Section 29, as the case may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.
8. (2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.
9. (3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.
10. (4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final. 61-B. Disposal of property left on land by unauthorised occupant.--(1) Where any person has been evicted from any land under Section 61-B, the Forest Officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolished building or standing crop.
11. (2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned.". [Vide Uttarakhand Act 10 of 2002, s. 13] Maharashtra.-- Amendment of section 61 of Act XVI of 1927.--In section 61 of the principal act, for the words and figures "seized under section 52" the following shall be substituted, namely:- "seized under section 52 which is not the property of Government and the withdrawal of any charge made in respect of such property.". [Vide Maharashtra Act VII of 1985, s. 15] Insertion of section 61A of 61G in act XVI of 1927.--After section 61 of the principal act, the following sections shall be inserted namely:-- "61A. Confiscation by Forest officer of forest produce where forest offence is believed to have been committed.--(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or any other law, where a forest offence is believed to have been committed in respect of timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of State Government, the officer seizing the property under sub-section (1) of section 52 shall, without any unreasonable delay produce it, together with all tools, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the Official Gazette, not being an officer below the rank of an Assistant Conservator of Forests (hereinafter referred to as "the authorised officer").
12. (2) The State Government may authorize one or more officers for any local area under sub-section (1).
13. (3) Where an authorised officer seizes under sub-section (1) of section 52 any timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the State Government or any such property is produced before an authorised officer under sub-section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, boats, vehicles and cattle used in committing such offence.
14. (4) (a) Where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof and the tools, boats, vehicles and cattle to be sold by public auction,
    • (b) Where any confiscated property or the tools, boats, vehicles and cattle are sold, aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating thereto shall, where the order of confiscation made under this section is set aside or annulled by an order under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order. 61B. Issue of show cause notice before confiscation under section 61A.--(1) No order confiscating any timber, sandalwood, firewood, charcoal or any other notified forest produce, tools, boats, vehicles or cattle shall be made under section 61A except after notice in writing to the person from whom it is seized and considering his objections, if any : Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if in the opinion of the authorised officer it is practicable to do so, and considering his objections, if any.
15. (2) Without prejudice to the provisions of sub-section (1), no order confiscating a tool, boat, vehicle or cattle shall be made under section 61A if the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use. 61C. Revision.--Any Forest Officer not below the rank of Conservator of Forests specially empowered by the State Government in this behalf by notification in the Official Gazette, may suo motu call for and examine the record of the order of the authorised officer under section 61 A; and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit : Provided that no such record shall be called for after the expiry of 30 days from the date of such order, and no order under this section shall be passed if in the meanwhile, an appeal has been filed under section 61D against the order of the authorised officer : Provided further that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard. 61D. Appeal.--(1) Any person aggrieved by any order passed under section 61A or section 61C may, within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property and the tools, boats, vehicles and cattle to which the order relates has been seized and the Sessions Judge shall, after giving an opportunity to the appellant and the authorised officer or the officer specially empowered under section 61C, as the case may be, to be heard, pass such order as he may think fit confirming, modifying or annulling the order appealed against.
16. (2) An order of the Session Judge under sub-section (1) shall be final and shall not be questioned in any Court. 61E. Award of confiscation not to interfere with other punishments.--The award of any confiscation under section 61A or section 61C or section 61D shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act or any other law for the time being in force. 61F. Property etc., confiscated when to vest in Government.--When an order for confiscation of any property or any tools, boats, vehicles or cattle is passed under section 61A or section 61C or Section 61D and such order has become final in respect of the whole or any portion of such property, or tool, boat, vehicle or cattle, such property or portion thereof or tool, boat vehicle or cattle or if it has been sold under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances. 61G. Bar of jurisdiction in certain cases.--Whenever any timber, sandalwood, firewood, charcoal or any other notified forest produce which is the property of the State Government, together with any tool, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61A or the officer specially empowered under section 61C or the Sessions Judge hearing the appeal under section 61D shall have, and notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, any other officer, Court, Tribunal or authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of such property and any tool, boat, vehicle or cattle." [Vide Maharashtra Act VII of 1985, s. 16]

Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. STATE AMENDMENTS Maharashtra Amendment of section 62 of Act 16 of 1927.--In section 62 of the principal Act, in sub-section (1), the words "or forfeiture" shall be deleted. [Vide Maharashtra Act 21 of 2015, s. 14]. Maharashtra Amendment of section 62 of Act XVI of 1927.--Section 62 of the principal act shall be re-numbered as sub-section (1) thereof and,--

1. (a) in sub-section (1) as so re-numbered, for the word "confiscation" the words "confiscation or forfeiture" shall be substituted.
2. (b) after sub-section (1) as so re-numbered, the following sub-section shall be added, namely:-- "(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." [Vide Maharashtra Act VII of 1985, s. 17].

Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the Indian Penal Code (45 of 1860),--

1. (a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the 1[Government] or of some person, or that it may lawfully be cut or removed by some person; or
2. (b) alters, defaces or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or
3. (c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this Act are applied, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 63.--For the words, "or with fine", substitute the words "or with fine which may extend to twenty-five thousand rupees". [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]

1. (1) Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.
2. (2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.
3. (3) Nothing in this section shall be deemed to authorise such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause (c) of section 30. STATE AMENDMENTS Jammu and Kashmir and Ladakh (UTs).-- Section 64A.--After section 64, insert the following section, namely:-- 64A. Offences non-bailable.--Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 (2 of 1974), all offences under this Act other than those compoundable under section 68 shall be non-bailable. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Maharashtra.-- Amendment of section 64 of Act XVI of 1927.--In section on 64 of the principal act, in subsection (1), for the words "Any Forest Officer or Police Officer", the words "Any Forest Officer, Police Officer or Revenue Officer" shall be substituted. [Vide Maharashtra Act VI of 961, s. 10]

Any Forest-officer of a rank not interior to that of a Ranger, who, or whose subordinate, has arrested any person under the provisions of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer in charge of the nearest police station. STATE AMENDMENTS Maharashtra Amendment of section 65A of Act 16 of 1927.--In section 65A of the principal Act, in clause (b), for the words, figures, brackets and letters Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub-section (1), the words, figures, brackets and letters Section 26, clauses (a), (b), (d), (f), (g), (h) and (i) of sub-section (1) and sub-section (4) shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 15]. Jammu and Kashmir and Ladakh (UTs).-- Section 65A and 65B.--After section 65, insert the following sections, namely:-- 65A. Requisition for police assistance.-Any forest officer may requisition the services of any police officer to assist him for all or any of the purposes specified in sections 52, 63 and 64 and it shall be the duty of every such officer to comply with such requisition. 65B. Police officers bound to seek technical clearance from Authorized Officer.-Any police officer seizing any property under the provisions of this Act or rules framed there under shall be bound to seek technical clearance of the authorized officer to lodge a complaint to the magistrate under section 52 of this Act. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Uttar Pradesh Insertion of new section 65-A--After section 65 of the principal Act, the following section shall be inserted, namely:-- 65-A. Certain offences to be non-bailable--(1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973 any offence punishable under section 26, or section 33 or section 42 or section 63 shall be non-bailable.

1. (2) No person accused of any offence as aforesaid shall, if in custody, be released on application for released on bail or on his own bond unless--
   • (a) the prosecution has been given an opportunity to oppose the application for such release, and
   • (b) Where the prosecution opposes the application as aforesaid the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence."] [Vide Uttar Pradesh Act 1 of 2001, s. 14] Uttarakhand.-- Insertion of new section 65-A.--After section 65 of the principal Act, the following sections shall be inserted, namely:-- "65-A. Certain offences to be non-bailable.--(1) Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973, any offence punishable under Section 26 or Section 33 or Section 42 or Section 63 shall be non-bailable.
2. (2) No person accused of any offence as aforesaid shall, if in custody, be released on bail or on his own bond unless--
   • (a) the prosecution has been given an opportunity to oppose the application for such release, and
   • (b) where the prosecution opposes the application as aforesaid, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offences.". [Vide Uttaranchal Act 10 of 2002, s. 14 Maharashtra Amendment of section 65 of Act XVI of 1927.-- In section 65 of the principal Act, for the words "a Ranger" the words "a Ranger, any Police Officer" of a rank not inferior to that of Sub-Inspector or any Revenue Officer of a rank not inferior to that of Mahalkari or Tahsildar" shall be substituted. [Vide Maharashtra Act VI of 1961, s. 11 Maharashtra.-- Amendment of section 65 of Act XVI of 1927.--In section 65 of the principal act, for the words "may release such person" the words, figures and letter "may, subject to and without prejudice to the provisions of section 65A, release such person" shall be substituted. [Vide Maharashtra Act VII of 1985, s. 18 Insertion of section 65A in Act XVI of 1927.--After section 65 of the principal Act, the following section shall be inserted, namely:-- "65A. Certain offences to be non-bailable.--Notwithstanding anything contained in this Act or in the Code of Criminal Procedure, 1973,--
   • (a) The offences under sections or clauses of sections mentioned in clause (b) shall be nonbailable.
   • (b) The sections and clauses of sections of this Act referred to in clause (a) are the following, namely :-Section 26, clauses (a), (b), (f), (g), (h) and (i) of sub section (1). Section 33, clauses (a), (b), (c), (d), (f) and (h) of sub-section (1). Section 42. Section 63.
   • (c) No person accused of any offence referred to in clause (b) shall, if in custody, be released on bail or on his own bond unless,--
     • (i) the prosecution has been given an opportunity to oppose the application for such release, and
     • (ii) where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.". [Vide Maharashtra Act VII of 2985, s. 19]

Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence. STATE AMENDMENTS Maharashtra Insertion of new section 66A in Act 16 of 1927.--After section 66 of the principal Act, the following section shall be inserted, namely:-- 66A. Punishment for abetment--Whoever abets any forest-offence shall, if the offence abetted is committed in consequence of abetment, be punished with the same punishment as is provided for such offence,. [Vide Maharashtra Act 21 of 2015, s. 16]. Uttar Pradesh Insertion of new section 66-A-- 66-A. Penalty for not preventing commission of forest offence--Whoever, being a Forest Officer or Police Officer, bound under section 66 to prevent commission of any forest offence, intentionally or knowingly, neglects or omits to prevent or abets, the commission of such offence, shall be punishable with imprisonment for a term which may extend to two years or with fine or with both."] [Vide Uttar Pradesh Act 1 of 2001, s. 15]]. Maharashtra.-- Amendment of section 66 of Act XVI of 1927.--In section 66 of the principal Act, for the words "Every Forest Officer and Police Officer" the words "Every Forest Officer, Police Officer and Revenue Officer" shall be substituted. [Vide Maharashtra Act VI of 1961, s. 12].

The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the 1[State Government] may try summarily, under the Code of Criminal Procedure, 1898 (5 of 1898), any forest-offence punishable with imprisonment for a term not exceeding six months, or fine not exceeding five hundred rupees, or both. STATE AMENDMENTS Maharashtra Amendment of section 67 of Act 16 of 1927.--In section 67 of the principal Act, for the words "two thousand rupees" the words "five thousand rupees" shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 17]. Jammu and Kashmir and Ladakh (UTs).-- Section 67.--For the words "not exceeding six months, or fine not exceeding five hundred rupees", substitute the words "not exceeding two years or with fine not exceeding twenty five thousand rupees". [Videthe Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] Maharashtra.-- Amendment of section 67 of Act XVI of 1927.--In section 67 of the principal Act,--

1. (a) for the words and figures "the Code of Criminal Procedure, 1898" the words and figures "the Code of Criminal Procedure, 1973" shall be substituted;
2. (b) for the words "not exceeding six months, or fine not exceeding five hundred rupees or both" the words "not exceeding one year, or fine not exceeding two thousand rupees, or both, and the provisions of sections 262 to 265 (both inclusive of the said Code shall, as far as may be, apply to such trial; but, notwithstanding anything contained in the said Code, in the case of conviction for any offence in a summary trial under this section, it shall be lawful for the Magistrate to pass sentence of imprisonment for any term for which such offence, is punishable under this Act shall be substituted. [Vide Maharashtra Act VII of 1985, s. 20]

1. (1) The 1[State Government] may, by notification in the 2[Official Gazetted], empower a Forest officer-
   • (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed 3[ ; or] [4(aa) to accept from any person a sum of money by way of penalty or compensation for violation of sub-section (1A) of section 26 or sub-section (1A) of section 33; and]
   • (b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.
2. (2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property.
3. (3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.

69. Presumption that forest-produce belongs to 1[Government]. --When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the 1[Government], such produce shall be presumed to be the property of the 1[Government] until the contrary is proved. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).-- Section 69.--For the words, "contrary is proved", substitute the words "contrary is proved by the accused". Section 69-A.--After section 69, insert the following section, namely:-- 69-A. Double penalties for offences.--The penalties which are double of those mentioned under the provisions of this Act or rules framed thereunder shall be inflicted in cases where the offence is committed after sunset and before sunrise, or after preparation for resistance to lawful authority or where the offender has been previously convicted of a like offence. [Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]