B Appeal

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. (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." 8. Amendment of section 53 In section 53 of the principal Act, --
   • (i) for the words "carts or cattle" the words "vehicle, cattle, ropes, chains or other articles" shall be substituted;
   • (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. 9. Amendment of section 55 In section 55 of the principal Act, in sub-section
2. (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 such forest offence" shall be substituted. 10. 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. 11. Amendment of section 58 In section 58 of the principal Act for the words "The Magistrate may, notwithstanding aything [sic] hereinbefore contained," the words "Notwithstanding anything hereinbefore contained, but subject to sub-section
3. (3) of section 52-A, the magistrate," shall be substituted. 12. Amendment of section 60 Section 60 of the principal Act shall be renumbered as sub-section
4. (1) thereof and after sub-section
5. (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." 13. Insertion of new sections 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.
6. (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.
7. (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
8. (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.
9. (4) Any person aggrieved by an order of the Forest Officer undr [sic] sub-section
10. (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.