THE INDIAN FOREST (PUNJAB AMENDMENT) ACT, 2004

AN ACT

Further to amend the Indian Forest Act, 1927, in its application to the State of Punjab. 

    Be it enacted by the Legislature of the State of Punjab in the Fifty-fifth year of

Republic of India as follows:-

Short title

1. (1) This Act may be called the Indian Forest (Punjab Amendment) Act, 2004.            and

commence

          (2) It shall come into force at once.                                                ment

2. In the Indian Forest Act, 1927, in its application to the State of Punjab

(hereinafter referred  to as the principal Act), in section 26, in sub-section(I),--                                                            Amendment

of section

1. 1. In clause (e), for the word "dragging",  the words "dragging or removing" 26 of

Central Act

                              shall be substituted:                                                      16 of 1927.

1. 2. In clause (f), for the words "the same", the words "the same or any forest produce" shall be substituted: and 

PUNJAB GOVT. GAZETTE (EXTRA) OCT, 26, 2004      74

(KRTK 4, 1926 SAKA)

2. 3. for the words "six months, or with fine which may extend to five hundred rupees", the words "two years, or with fine which may extend to five thousand rupees" shall be substituted. 

3. In the principal Act, in section 33, in sub-section (I),--

Amendment

of section 33

1. 1. in clause (f), for the word "drags", the words "drags or removes" shall be of Central Act

16 of 1927.  substituted: and 

3. 2. for the words  "six months, or with fine which may extend to five hundred rupees or with both", the words  "two years, or with fine which may extend to  five thousand rupees, or with both" shall be substituted. 

4. In the principal Act, in section 42, in sub-section (1), for the words and signs "six      Amendmen

t of section

             months, or fine which may extend to five hundred rupees, or both.", the words                                                           42 of

Central Act and signs "two years, or fine which may extend to five thousand rupees, or with 16 of 1927. both." shall be substituted. 

5. In the principal Act, in section 52, for sub-section (2) the following sub-sections Amendment

of section 52 shall be substituted, namely:-      of Central Act

16 of 1927.

1. 2. If a forest officer or police officer, 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 committed or is being committed, require the driver or any other person in-charge of such vehicle to stop the vehicle or cause such vehicle to remain stationary as long as may, reasonably be necessary, for examination of the contents in the vehicle and inspection of the records relating to the forest-produce, in possession of such driver or other person in-charge of the vehicle or any other person in the vehicle. 

   3. Every officer seizing any property under this section, shall place on such property a mark indicating that the same has been seized and shall, as soon as may be, either,--

PUNJAB GOVT. GAZETTE (EXTRA) OCT, 26, 2004      75 (KRTK 4, 1926 SAKA)

1. produce such property before an officer, not below the rank of the Divisional Forest Officer concerned, authorized by the State Government in this behalf by notification in the Official Gazette (hereinafter referred to as the Authorized Officer ; or

2. where due to quantity or bulk of such property or any other genuine difficulty, it is not practicable to produce it before the Authorized Officer, shall make a report of such seizure to the Authorized Officer ; or  

3. where it is intended to launch criminal proceeding against the offender immediately, 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 it shall not be necessary to make a report of

such seizure to the Magistrate in the following cases, namely:-

1. 1. when the forest produce with respect to which, such offence is believed to have been committed, is the property of the State Government and the  offender is unknown.  In such a situation, it shall be sufficient to make a report of the circumstances to the Authorized Officer: 

   2. when the offender agrees in writing to get the offence

compounded as provided in section 68 of this Act: and 

1. 3. when the offence falls under the purview of section 52-A". 

6.       In the principal Act, after section 52, the following sections shall be inserted, namely:-

52-A                       (1)   where the Authorized Officer upon production before him of

Procedure of              the property seized or upon receipt of report about seizure of such confiscation. 

property, or where the Authorized Officer himself seized the property under sub-section (I), of

Insertion of new sections  52-A, 52-B, 52-C, 52-D, 52-E, 52-F and 52-G In Central Act of 16 of 1927

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(KRTK 4, 1926 SAKA)

 section 52, is satisfied that a forest offence has been committed in respect  thereof, may by order in writing for reason to be recorded in writing,  confiscate the forest produce so seized together with any tool, vehicle, boat,  rope, chain or any other article used in committing such offence. 

2. A copy of the order of confiscation, shall be forwarded without any delay to the Conservator of Forests of the forest circle in which the forest produce has been seized. 

3. No order of confiscating any property, shall be made under sub-section (1), unless the Authorized Officer--

1. issues a notice in writing to the person from whom the property is seized and to any other person, who shall claim before the Authorized Officer any interest in such property; 

2. affords an opportunity to the person referred to in clause (a) of making a representation within such time, as may be specified in the notice referred to in that clause: and 

3. gives the officer effecting the seizure and the person to whom notice has been issued under clause (a), a hearing on such date, as may be fixed in this regard. 

4. No order of confiscation under sub-section (I) with regard to any tool, vehicle, boat, rope, chain or any other article (other than timber or forestproduce seized), shall be made, if the person referred to in clause (a) of subsection (3) proves to the satisfaction of the Authorized Officer that any such tool, article, boat, rope, chain or other article was used without his knowledge or connivance or his servant or agent and that all reasonable and necessary precautions had been taken against the use of aforesaid objects for the commission of the forest offence. 

5. No order of confiscating a vehicle shall be made except after giving  a notice in writing to the registered owner of the vehicle and his  

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(KRTK 4, 1926 SAKA)

Procedure for  confiscation. 

 financer, if any, if, in the opinion of the Authorized Officer, It is practicable to do so and considering his objections, if any. 

                                   52-B        (1) Any person aggrieved by an order of confiscation made under

Appeal against sub section (1) of section 52-A, may within a period of thirty days the order of

                               ^{confiscation .}                       from the date of receipt of such order, prefer an appeal on

payment of such fee, as may be prescribed alongwith the certified copy of order of confiscation to the Conservator of Forests (hereinafter referred to as the Appellate Authority) having jurisdiction. 

2. The Appellate Authority may pass such order of interim

nature for custody, preservation or disposal (if necessary) about the subjectmatter of confiscation, as may appear to be just or proper in the circumstances of the case. 

3. Notwithstanding anything contained in sub-section (1), if no appeal has been preferred before the Appellate Authority, but the Appellate Authority deems it appropriate in public interest to proceed against the order passed under sub-section (1) of section 52-A, it may suo moto take cognizance even after the expiry of the stipulated period of thirty days, but before the expiry of a period of sixty days from the date of receipt of the said order and pass such order, as it may deem appropriate: 

 Provided that before passing any order, the Appellate Authority shall give an opportunity of being heard to the concerned parties. 

4. The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit parties to be appeal to be represented by legal practitioners. 

Revision.  

 52-C (1) Any party aggrieved by an order of the Appellate Authority, may within a period of thirty days from the date of receipt of order of the Appellate Authority, file revision petition to the Court  of Sessions. 

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(2) The order passed by the Court of Sessions shall be final and shall not be further called in question before any other Court. 

                                            52-D. When the order of confiscation of property passed under sub-

Disposal of

confiscated             section (1) of section 52-A, attains finality and the Authorized Officer is of the property. 

opinion that it is expedient in public interest so to do, he may order such property or any thereof to be sold by public auction. 

                                            52-E. Whoever forcibly opposes the seizure of any forest produce, tool,

Penalty for              rope, chain, boat, vehicle or cattle, liable to be seized under this Act, or receives forcibly

opposing the same after seizure, shall be punishable with imprisonment for a term, which seizure.  may extend to one year or with fine which may extend to one thousand rupees, or with both. 

                                      52-F No order of confiscation passed under section 52-A, 52-B, or 52-C,

Order of                shall prevent the infliction of any punishment to which the person affected

Confiscation not

to prevent any             thereby, may be liable under this act. 

other punishment.              52-G  Save as otherwise expressly provided in this Act, no officer,              authority, civil court or tribunal shall have any jurisdiction to  

Bar of

 _Jurisdiction    entertain any suit or proceeding or any other matter which is             governed under the provisions of this Act." 

7. In the principal Act, for section 60, the following section shall be Substitutio substituted, namely:-    n of section 60

                                            "60. When an order for confiscation for any property has been passed  of Central

Act 16 of

1927

Property when to

_{vest in Government}   under section 52-A or section 52-B, or section 52-C, as the case may be, and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, if it has been sold under