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CHAPTER VII PENALTIES AND PROCEDURE

Section 47: Procedure when offender is not known or cannot be found

The Andhra Pradesh Forest Act, 1967

How current this text is

Text as published by India Code for the Government of Andhra Pradesh (Environment, Forest, Science and Technology Department), with amendments up to Act 15 of 2016 (the Andhra Pradesh Forest (Amendment) Act, 2016).

Chapter IIIA (sections 28A to 28G, Preservation of Private Forests) applies only in the Scheduled Areas and is not part of this India Code text; it is printed in the 2012 text of the Act hosted by the Andhra Pradesh Capital Region Development Authority, and the instrument that inserted it has not been identified.

Where the 1[Magistrate or Authorised Officer] is of opinion that a forest offence was committed but the offender is not known or cannot be found, he may on an application made in this behalf order the property, in respect of which the offence was committed and which was seized, to be confiscated and taken possession of by or under the authority of the Divisional Forest Officer or to be made over to any person whom the1[Magistrate or Authorised Officer] considers to be entitled to the same:

Provided that before making any such order the1[Magistrate or Authorised Officer] shall cause a notice of any application made under this section to be served upon any person who, he has reason to believe, is interested in the property seized, or shall publish such notice in such manner as he thinks fit:

Provided further that no such order shall be made until the expiration of thirty days from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.

Footnotes in the official text

  1. 1.Substituted by Act 15 of 2016, section 13.