Tamil Nadu Forest (Amendment) Act, 1992*
| [Tamil Nadu Act No. 44 of 1992] | [28th August, 1992] |
An Act further to amend the Tamil Nadu Forest Act, 1882
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-third Year of the ??? of India as follows:-
* Received the assent of the Governor on the 28th August, 1992 and published in the Tamil Nadu Government Gazette, Extraordinary.
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Forest (Amendment) Act, 1992.
(2) It shall come into force on such date as the State Government may by notification, appoint.
2. Amendment of section 21, Tamil Nadu Forest Act, 1882.- In section 21 of the Tamil Nadu Forest Act, 1882 (hereinafter referred to as the principal Act) in the first paragraph ??? item (1),-
(1) for the expressions "three years" and "ten thousand rupees", the expressions "five years" and "twenty thousand rupees" shall respectively, be substituted;
(2) in the proviso-
(i) in clause (a), for the expressions "one year" and "three thousand rupees", the expressions "two years" and "seven thousand and five hundred rupees" shall, respectively, be substituted;,
(ii) in clause (b), for the expressions "two years" and "five thousand rupees", the expressions "three years" and "fifteen thousand rupees" shall, respectively, be substituted.
3. Amendment of section 28-A, Tamil Nadu Forest Act, 1882.- In section 28-A of the principal Act, in clause (1),-
(1) for the expressions "three years" and "ten thousand rupees", the expressions "five years" and "twenty thousand rupees" shall, respectively, be substituted;
(2) in the proviso,-
(i) in clause (a), for the expressions "one year" and "three thousand rupees", the expressions "two years" and "seven thousand and five hundred rupees" shall, respectively, be substituted;
(ii) in clause (b), for the expressions "two years" and "five thousand rupees", the expressions "three years" and "fifteen thousand rupees," shall, respectively, be substituted.
4. Amendment of section 35-B, Tamil Nadu Forest Act, 1882.- In section 35-B of the principal Act,-
(1) for the expressions "three years" and "ten thousand rupees" be expressions "five years" and "twenty thousand rupees" shall, respectively, be substituted;
(2) in the proviso,-
(i) in clause (a), for the expressions "one year" and "throe thousand rupees", the expressions "two years" and "seven thousand and five hundred rupees" shall, respectively, be substituted;
(ii) in clause (b), for the expressions "two years" and "thousand rupees", the expressions "three years" and "??? rupees" shall, respectively, be substituted.
5. Amendment of section 36-E, Tamil Nadu Forest Act, 1882.- In section 36-E of the principal Act,-
(1) for the expressions "three years" and "ten thousand rupees", the expressions "five years" and "twenty thousand rupees" shall, respectively, be substituted;
(2) in the proviso,-
(i) in clause (a), for the expressions "one year" and "three thousand rupees", the expressions "two years" and "seven thousand and five hundred rupees" shall respectively, be substituted;
(ii) in clause (b), for the expressions "two years" and "five thousand rupees", the expressions "three years" and "fifteen thousand rupees" shall, respectively, be substituted.
6. Amendment of section 41, principal Act.- (a) the first paragraph shall be numbered as sub-section (1) of that section and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely;-
"(2) 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 any scheduled timber in respect of which there is reason to believe that a forest offence has been or in being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it remain stationery as long as may reasonably be necessary for examination of the contents in the vehicle and inspection of all records relating to the scheduled timber and in possession of such driver or other person in-charge of the vehicle or any other person in the vehicle."
(b) the heading of the second paragraph shall be omitted:
(c) the second paragraph including the proviso thereto shall be numbered as sub-section (3) of that section and in sub-section (3) as so numbered, for the words "make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made", the following shall be substituted, namely:-
"make a report of such seizure,-
(a) where the offence; on account of which the seizure had been made is in respect of the scheduled timber which is the property of the Government or in respect of which the Government have any interest, to the concerned authorised officer under section 49-A and
(b) in other eases, to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made."
7. Amendment of section 42.- In ejection 42 of the principal Act), sub-section (2) shall be omitted.
8. Amendment of section 43.- In, section 43 of the principal Act for the-expression "shall be confiscated", the expression "shall subject to section 49-G be confiscated" shall be, substituted.
9. Amendment of section 44.- In section 44 of the principal Act, for the any other case may be disposed expression in any other case may, subject to-section 49-G be disposed shall be substituted.
10. Amendment of section 45.- In section 45 of the principal Act, for the has been committed, the expression "that an offence has been committed subject fo section 49-G" shall be substituted.
11. Amendment of section 49.- In section 49, of the principal Act, for fee expression "District Forest Officer", the expression "District Forest Officer, subject to section 49-G" shall be substituted.
12. Insertion of new sections 49-A, 49-B, 49-C, 49-D, 49-E, 49-F and 49-G.- In the principal Act, after section 49 the following sections shall be inserted, namely:-
"49-A. Confiscation by Forest Officers in certain cases.- (1) Notwithstanding anything contained in the foregoing provisions of this Chapter or in any other law for the time being in force, where a forest offence is believed to have been committed in respect of any scheduled timber which is the property of the Government, the officer seizing the property under sub-section (1) of section 41 shall, without any unieasionable delay, produce it together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer not below the rank of an Assistant Conservator of Forest authorised by the Government in this behalf, by notification, in the Tamil Nadu Government Gazette (hereinafter referred to as the authorised officer);
(2) Where the authorised officer himself seizes under sub-section (1); of section 41, any scheduled timber which is the property of the Government or where any such property in produced before the 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, ropes, chains boats, vehicles and cattle used in committing such offence.
(3)(a) Where the authorised officer after passing an order, or confiscation under sub-section (2) 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 to be sold by public auction.
(b) Where any confiscated property is sold as aforesaid, the proceed thereof after deduction of the expenses of any such auction of 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 49-C or section 49-D, be paid to the owner thereof or to the person from whom it was spiked as may be specified in such order.
49-B. Issue of show cause notice before ??? under section 49-A-(1) No order confiscating any scheduled timber, or tools, ropes, chains, boats, vehicles or cattle shall be made under section 49-A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate it 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.
(2) Without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 49-A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying scheduled timber without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use.
49-C. Revision.- Any Forest-officer not below me rank of Conservator of Forests specially empowered by the Government in this behalf, by notification in the Tamil Nadu Government Gazette may of his own motion, call for and examine the records of the authorised officer in respect of any order under section 49-A, make such inquiry or cause such inquiry to be made and pass such orders as he deems fit:
Provided that no revision proceeding shall be initiated by such officer under this section against any order passed under section 49-A, if the time for appeal against that order has not expired:
Provided further that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representations.
49-D. Appeal.- (1) Any person aggrieved by any order passed under section 49-A or section 49-C 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, to which the order relates, has been seized and the Sessions Judge shall, after giving an opportunity of being heard to the appellant and the authorised officer or the officer specially ??? under section 49-C, as the case may be, pass such other as he may think fit, confirming, modifying or annulling the order appealed against.
(2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any court of law.
49-E. Award of confiscation no bar for infliction of any punishment.- The award of any confiscation under section 49-A or section 49-C or section 49-D shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act;
49-F. Property confiscated to vest with Government.- When an order for confiscation of any property has been passed under section 49-A, or section 49-C dr section 49-D and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, or if it has been so under sub-section (3) of section 49-A, the sale proceeds thereof, as the case may be, shall vest in the Government free from all encumbrances.
49-G. Bar of jurisdiction in certain cases.- Whenever any scheduled timber belonging to the Government or any tool, rope, chain, boat, vehicle or cattle, used for committing any offence in respect of any scheduled timber, is seized under section (1) of section 41, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force,-
(a) the authorised officer under section 49-A, or the Forest officer specially empowered under section 49-C, or the Sessions Judge hearing an appeal under section 49-D, shall have, and
(b) any other officer, court, tribunal or authority shall not have, jurisdiction to the custody, possession, delivery, disposal or distribution of such property."
13. Amendment to section 55.- In section 55 of the principal Act,-
(a) sub-section (1), after the expression "section 50", the expression or section 52" shall be inserted;
(b) for sub-section (3), the following sub-section shall be substituted, namely;-
"(3) Nothing contained in sub-sections (1) and (2) shall apply to any offence in respect of-
(a) any sandalwood, where the weight of such sandalwood involved in such offence is more than one hundred kilograms; and
(b) any scheduled timber (other than sandalwood) where the value of such scheduled timber involved in such offence is more than ten thousand rupees"
14. Amendment of section 56-A.- In section 56-A of the principal Act, for the expressions "two years", "ten thousand rupees" and "three thousand rupees", the expressions "three years", "twenty thousand rupees" and "fifteen thousand rupees" shall, respectively, be substituted.