CHAPTER VII Penalties and Procedure.

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

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.

Where the magistrate 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 the magistrate considers to be entitled to the same:

Provided that before making any such order the magistrate 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.