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CHAPTER VII PENALTIES AND PROCEDURE

Section 59: Power to compound offences

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.

(1) Any forest officer, specially empowered in this behalf by the Government may accept as compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed, any forest offence, other than an offence under section 52 or section 55-

(i) a sum of money not exceeding 1[one thousand rupees] where such offence is of a trivial nature;

(ii) a sum of money which shall not in any case be less than the value of the forest produce, or more than four times such value as estimated by such forest officer, in addition to the value of the forest produce, where such offence involves any forest produce which in the opinion of the forest officer, may be released;

(iii) a sum of money which shall not in any case be less than the value of the forest produce or more than four times such value as estimated by such forest officer, where such offence involves forest produce which in the opinion of the forest officer should be retained by the Government.

(2) On receipt of the sum of money referred to in sub-section (1), by such officer,-

(i) the accused person, if in custody, shall be discharged;

(ii) the property seized shall, if it is not to be so retained, be released; and

(iii) no further proceedings shall be taken against such person or property.

2[(3) If the accused person does not pay the compensation amount levied as per sub-section (1) in full within sixty days from the date of receipt of compounding order, the amount, if any, paid shall be forfeited and the accused shall be proceeded with as if the offence is not compounded. The accused shall be produced before the Magistrate and the seizures shall become the property of Government.]

Footnotes in the official text

  1. 1.Substituted by Act 15 of 2016, section, 20.
  2. 2.Sub-section inserted by Act 15 of 2016, section 20.