Section 4
The word "Government" was substituted for the word "Crown" by the Adaptation of Laws
4. The word "Government" was substituted for the word "Crown" by the Adaptation of Laws
Od
Order, 1950 .
50. I'ayments to he mack by, claimant before timier is delivered to Fzim.-)fo person shall be entitled to recover possession of any timber collected or delivered as ·aforesaid until he has paid to the Forest-offic~r or other person entitled to receive it such sum on account thereof as may be due under any rule made under section 51.
51. Power to make rules and prescribe penalties.---{/) The 1 [ 2 [State] Government ] may make rules to regulate the following matters, namely :-
(a) the salving, collectio11. and disposal of all ttimber mentioned in section 45 ;
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(b) the use and registration of boats used in salving and collecting timber ;
(c) the amount to be pa.id 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 timbu.
(2) 'J'he 1[ 2 [ 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 .
CHAPTERIX PENALTIES AND PROCEDURE
52 . Seizure ofproperty liable to 3[confiscation andforfeitttre].--{)) When there is reason to believe that a forest-offence has been committed in respec..t of any forestproduce, such· produce together with a ll tools, boats 4 [ vehicles] or cattle used in committing any such offence may be seized by any Forest-officer or. r. P Police-officer.
5 [(1A) Any Forest-officer or Police officer may, if he has reason to believe that a vehicle has bee· or is being used for the transport of forest-produce in respect of which there is reason to believe '.l. 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 cf such driver or other person in charge of the vehicle.].
(2) Every officer seizing any property under t4is section sfo1ll place on such or the reeeipLale or vehicle (if any) in which it is contained,] a mark indicating that the same has been so seized, and shall, as soon as may be, make a report of such ieizure to the Magi11tmte having jurisdiction to try the offence on property, 6 [ aceount of w!1ich the seizure has been made ;
Provided that, whea the forest-produce \'\<ith respect to which such offence is believed to have been committed is the property of Government and the offender is unknown, it · ·s ·shall be sufficient if the officer makes , as soon as may be, a report of t:he circumstances to his official superior ;
7[Provided further that, where the offence on account of which the seizure has been made is in respect of timber, sandalwood, firewood, charcoal or such other forest-produce as may be notified by the State Government from time to time (hereio-ifter referred to as the "n.otified forest produce") and wihich ii; t .h .he property of the State Government, such officer shall JTu'l.ke a report of such seizure also to the concerned authorised officer under section 61A.
1 . The . words "Provincial Government" were substituted for the words "Local Government'' by the Government of India (Adaptation of Indian Laws) Order, 1937.
2. The word "State" was substituted for the word" Provincial" by the Adaptarioa of Laws
Order, 1950.
Thd
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These words won, substituted for the word "Confiscation" by Mah. 7 of 1985, s. 7 (c).
3.
4This word was substituted for the word "Carts" by Born. 25 of 1953, s. 2 .
s. This Sub-section was inserted , by Mah. 7 of 1985, s. 7 (a).
·· TheSe words were insert1::d, ibid, s: (7) (b) (i).
Thiid lidddb
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7· () () ()
This proviso and explanation were added, ibid, s. 1 (b) (ii).
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Explanation.-For the purposes of thls Chapter, the expressions "property of Government" and "property of the State Government" include the property belonging to the Forest Development Corporation of Ml:!harashtra, Limited . ].
Power to release property seiZed under setcion 52.-Any Forest-officer of a rank not inferior to that of a Ranger who, or w;1ose subordinate
3[54. Upon the receipt of any report under sub-section (2) of section 52, the Procedure Magistrate shall , with . a ll convenient despatch, take such measures as may be nece- on receipt ssary for the arrest and trial of the offender and , 1;nbject to sections 58 and 61G ~ for the disposal of the ·p ·property according to law.]
. . 55. Forest-produce, tools, etc. when liable to 4 [forfeiture] . -{I) All timber of forest-produce which is not the property of Government and in respect of which