Law Maker

CHAPTER VII Penalties and Procedure.

Section 44: Seizure of property liable to confiscation and procedure thereupon

The Telangana Forest Act, 1967

How current this text is

Text as published by India Code for the Government of Telangana (Environment, Forests, Science and Technology Department): the Andhra Pradesh Forest Act, 1967 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated 13.05.2015, with amendments up to Act No.35 of 1997.

Amendments made by Andhra Pradesh after 2 June 2014, such as the Andhra Pradesh Forest (Amendment) Act, 2016, do not apply in Telangana and are not in this text.

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 Andhra Pradesh Forest Act hosted by the Telangana Forest Department, and the Telangana Preservation of Private Forest Rules, 1978, made under section 28-G for the scheduled areas, were adopted in Telangana by G.O.Ms.No.22 of 13.05.2015; the instrument that inserted the chapter has not been identified.

(1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any forest officer or police officer.

(2) Every officer seizing any property under this section shall place on such property or the receptacle, if any, in which it is contained, a mark indicating that the same has been so seized and shall, except where the offender agrees in writing forthwith to get the offence compounded, 1[without any unreasonable delay, either produce the property seized before an officer not below the rank of an Assistant Conservator of Forests authorised by the Government in this behalf by notification (hereinafter referred to as the authorised officer) or make a report of such seizure to the Magistrate:]

Provided that where the timber or forest produce with respect to which such offence is believed to have been committed is the property of the Central or State Government and the offender is not known, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to the Divisional Forest Officer.

2[(2-A) Where an authorised officer seizes under sub-section (1) any timber or forest produce or where any such timber or forest produce is produced before him under sub-section (2) and he is satisfied that a forest offence has been committed, in respect thereof, he may order confiscation of the timber or forest produce so seized or produced together with all tools, ropes, chains, boats or vehicles used in committing such offence.

(2-B) No order of confiscating any property shall be made under sub-section (2-A) unless the person from whom the property is seized is given,-

(a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property;

(b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and

(c) a reasonable opportunity of being heard in the matter.

(2-C) Without prejudice to the provisions of sub-section (2-B), no order of confiscation under sub-section (2-A) of any tool, rope, chain, boat or vehicle shall be made if the owner thereof proves to the satisfaction of the authorised officer that it was used in carrying the property without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool, rope, chain, boat or vehicle in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.

(2-D) Any forest officer not below the rank of a Conservator of Forests empowered by the Government in this behalf by notification, may within thirty days from the date of the order of confiscation by the authorised officer under sub-section (2-A) either suo motu or on application call for and examine the record of that order and may make such inquiry or cause such inquiry to be made and pass such orders as he may think fit:

Provided that no order, prejudicial to any person, shall be passed without giving him an opportunity of being heard.

(2-E) Any person aggrieved by an order passed under sub-section (2-A) or sub-section (2-D) may, within thirty days from the date of communication to him of such order, appeal to the District Court having jurisdiction over the area in which the property has been seized; and the District Court shall after giving an opportunity to the parties to be heard, pass such order as it may think fit and the order of the District Court so passed shall be final.]

(3) Any forest officer not below the rank of a Forester, who or whose subordinate has seized any tools, ropes, chains, boats, vehicles or cattle under sub-section (1) 3[and where he makes a report of such seizure to the Magistrate under sub-section (2)] may release the same on the execution by the owner thereof a bond for the production of the property so released, if and when so required before the magistrate.

(4) Upon the receipt of any report under sub-section (2), the magistrate shall, except where the offence is compounded, take such measures as may be necessary for the trial of the accused and the disposal of the property according to law.

(5) The property seized under this section, shall be kept in the custody of the forest officer not below the rank of a Forest Guard or the Village Headman until the compensation for compounding the offence is paid or until an order of the magistrate directing its disposal is received.

Footnotes in the official text

  1. 1.Substituted by Act No.17 of 1976.
  2. 2.Inserted by Act No.17 of 1976.
  3. 3.Inserted by Act No.17 of 1976.