42. Penalty for breach of rules made under section 41.—
(1) The 3[State Government] may by such
rules prescribe as penalties for the contravention thereof imprisonment for a term which may extend to six
months, or fine which may extend to five hundred rupees, or both.
(2) Such rules may provide that penalties which are double of those mentioned in sub-section
(1) may
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.
STATE AMENDMENTS
Maharashtra
Amendment of section 42 of Act 16 of 1927.—In section 42 of the principal Act, in sub-section
(1),
for the words “two thousand rupees” the words “five thousand rupees” shall be substituted.
[Vide Maharashtra Act 21 of 2015, s. 4]
Jammu and Kashmir and Ladakh (UTs).—
Section 42.- In sub-section
(1), for the words “six months” and “five hundred rupees”, substitute the
words “two years” and “twenty-five thousand rupees” respectively.
[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 42—In section 42 of the principal Act, for sub-section
(1), the following sub-
section shall be substituted, namely:--
“
(1) The State Government may by such rules prescribe as penalties for the contravention thereof
imprisonment for a term which may extend to two years, or fine which may extend to five thousand
rupees or both."]
[Vide Uttar Pradesh Act 1 of 2001, s. 5]
Uttarakhand
Amendment of section 42.—In section 42 of the principal Act, in sub-section
(1), or the words “six
month, or fine which may extend to five hundred rupees” the words “two years, or fine which may extend
to five thousand rupees” shall be substituted.
[Vide Uttarakhand Act 10 of 2002, s. 5]
Maharashtra
Amendment of section 42 of Act XVI.—In section 42 of the principal Act, in sub-section
(1), for the
words “six months or with fine which may extend to five hundred rupees,” the words “one year or with
fine which may extend to two thousand rupees,” shall be substituted.
[Vide Maharashtra Act VII of 1985, s. 6]
1. Ins. by the A.O. 1937.
2. Subs. by the A. O. (No. 3) 1956, for “Part A States and Part C States”.
3. Subs. by the A.O. 1950, for “Provincial Government”.
37
Bihar
Substitution of Section 42 of Act XVI, 1927.—For Section 42 of the said Act, the following shall
be substituted; namely:-
"42. Penalty for breach of Rules made under Section 41.—The State Government may by such
Rules prescribe as penalties for the contravention thereof imprisonment for a minimum term
of six months which may extend to two years or with minimum fine of one thousand rupees which
may extend to five thousand rupees or with both. The offence under this Section shall be cognizable
and non-bailable."
[Vide Bihar Act 9 of 1990, s. 4]
43. Government and Forest-officers not liable for damage to forest-produce at depot.—The
1
[Government] shall not be responsible for any loss or damage which may occur in respect of any timber
or other forest-produce while at a depot established under a rule made under section 41, or while detained
elsewhere, for the purposes of this Act; and no Forest-officer shall be responsible for any such loss or
damage, unless he causes such loss or damage negligently, maliciously or fraudulently.
44. All persons bound to aid in case of accident at depot.—In case of any accident or emergency
involving danger to any property at any such depot, every person employed at such depot, whether by
the 1[Government] or by any private person, shall render assistance to any Forest-officer or Police-officer
demanding his aid in averting such danger or securing such property from damage or loss.
CHAPTER VIII
OFTHE COLLECTIONOF DRIFTAND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved,
and may be collected accordingly.—
(1) All timber found adrift, beached, stranded or sunk;
all wood or timber bearing marks which have not been registered in accordance with the rules made
under section 41, or on which the marks have been obliterated, altered or defaced by fire or otherwise;
and
in such areas as the 2[State Government] directs, all unmarked wood and timber;
shall be deemed to be the property of Government, unless and untill any person establishes his right and
title thereto, as provided in this Chapter.
(2) Such timber may be collected by any forest-officer or other person entitled to collect the same by
virtue of any rule made under s ion 51, and may be brought to any depot which the Forest-officer may
notify as a depot for the reception of drift timber.
(3) The 2[State Government] may, by notification in the 3 [Official Gazette], exempt any class of
timber from the provisions of this section.
46. Notice to claimants of drift timber.—Public notice shall from time to time be given by the
Forest-officer of timber collected under section 45. Such notice shall contain a description of the timber,
and shall require any person claiming the same to present to such officer, within a period not less than
two months from the date of such notice, a written statement of such claim.
47. Procedure on claim preferred to such timber.—
(1) When any such statement is presented as
aforesaid, the Forest-officer may, after making such inquiry as he thinks fit, either reject the claim after
recording his reasons for so doing, or deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the Forest-officer may either deliver the same
to any of such persons whom he deems entitled thereto, or may refer the claimants to the Civil Courts,
and, retain the timber pending the receipt of an order from any such Court for its disposal.
1. Subs. by the A.O. 1950, for “Crown”.
2. Subs. by the A.O. 1950, for “Provincial Government”.
3. Subs. by the A.O. 1937, for “Local Official Gazette”.
38
(3) Any person whose claim has been rejected under this section may, within three months from the
date of such rejection, institute a suit to recover possession of the timber claimed by him; but no person
shall recover any compensation or costs against the 1[Government], or against any Forest-officer, on
account of such rejection, or the detention or removal of any timber, or the delivery thereof to any other
person under this section.
(4) No such timber shall be subject to process of any Civil, Criminal or Revenue Court until it has
been delivered, or a suit has been brought, as provided in this section.
48. Disposal of unclaimed timber.—If no such statement is presented as aforesaid, or if the claimant
omits to prefer his claim in the manner and within the period fixed by the notice issued under section 46,
or on such claim having been so preferred by him and having been rejected, omits to institute a suit to
recover possession of such timber within the further period fixed by section 47, the ownership of such
timber shall vest in the 1[Government], or, when such timber has been delivered to another person under
section 47, in such other person free from all encumbrances not created by him.
49. Government and its officers not liable for damage to such timber.—The 1[Government] shall
not be responsible for any loss or damage which may occur in respect of any timber collected under
section 45, and no Forest-officer shall be responsible for any such loss or damage, unless he causes such
loss or damage negligently, maliciously or fraudulently.
50. Payments to be made by claimant before timber is delivered to him.—No person shall be
entitled to recover possession of any timber collected or delivered as aforesaid until he has paid to the
Forest-officer or other person entitled to receive if such sum on account thereof as may be due under any
rule made under section 51.
51. Power to make rules and prescribe penalties.—
(1) The State Government 1 [may, by
notification in the Official Gazette, make rules] to regulate the following matters, namely:—
(a) the salving, collection and disposal of all timber mentioned in section 45;
(b) the use and registration of boats used in salving and collecting timber;
(c) the amounts to be paid for salving, collecting, moving, storing or disposing of such timber;
and
(d) the use and registration of hammers and other instruments to be used for marking such timber.
2
[(1A) Every rule made by the State Government under this Act shall be laid, as soon as may be after
it is made, before the State Legislature.]
(2) The 3 [State Government] may prescribe, as penalties for the contravention of any rules made
under this section, imprisonment for a term which may extend to six months, or fine which may extend to
five hundred rupees, or both.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 51.-In sub-section
(2), for the words “six months, or with fine which may extend to five
hundred rupees”, substitute the words “two years, 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).]
Tripura
Insertion of new section 51A. —After section 51 of the principal Act the following section shall be
inserted, namely :—
1. Subs. by Act 4 of 2005, s. 2 and the Schedule, for “may make rules”.
2. Ins. by s. 2 and the Schedule, ibid.
3. Subs. by the A.O. 1950, for “Provincial Government”.
39
51A.—Power to regulate manufacture and preparation of articles based on forest produce.—
(1)
the State Government may make rules,—
(a) to provide for the establishment, and regulation by licence,
permit or otherwise (and the payment of fees therefor), of saw mills and other units including factories
engaged in the manufacture of preparation of the following articles: —
(i) Katha (Catechu) or Kuth out of Khair wood;
(ii) plywood, veneer and wood-panel products;
(iii) preparation of matchboxes and match splints;
(iv) boxes including packing cases made out of wood;
(v) such other articles based on forest produce as the State Government may, by notification in
the Official Gazette, from time to time, specify;
(b) to provide for the regulation by licence, permit or otherwise, of procurement of raw materials
for the preparation of the article mentioned in clause
(a), the payment and deposit of fees therefor and
for due compliance of the conditions thereof, the forfeiture of the fee so deposited or any part thereof
for contravention of any such condition, and the adjudication of such forfeiture by such authority as
the State Government may, by notification in the Official Gazette, specify.
(2) The State Government may prescribe, as penalties for the contravention of any rules made under
this section, imprisonment for a term which may extend to six months, or fine which may extend to five
hundred rupees or both.
[Vide Tripura Act 10 of 1984, s. 4].
CHAPTER IX
PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation.—
(1) When there is reason to believe that a forest-
offence 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) 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 AMENDMENT
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:–
40
“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.
(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.
(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
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.
(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.
(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.
(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.
(7) The provisions of the Cattle Trespass Act, 1871 (1 of 1871), shall apply in respect of the charges
to be levied for the upkeep and fee of the cattle.
41
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.
(2) The Court of Sessions may confirm, reverse or modify any final order of confiscation passed by
the Authorised Officer.
(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.
(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.
(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.
(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.
(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.
42
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.
(2) Where the authorised officer seizes under sub-section
(1) of Section 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.
(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.
(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.
(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]
43
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.
(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
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 prope
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