(1) Any forest officer not below the rank of a Range Forest Officer or any Police Officer not below the rank of a Sub-Inspector or any other person authorised by the State Government in this behalf, may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or to satisfying himself that the said provisions have been complied with-
(i) stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of any minor forest produce:
(ii) enter and search any place;
(iii) seize minor forest produce in respect of which he suspects that any provision of this Act or the rules made thereunder has been, is being or is about to be, contravened, alongwith the receptacle containing such produce or the vehicle or boat used in carrying such produce.
(2) Every person seizing any minor forest produce or other property under clause (tit) of sub-section (1) shall place on such produce or other property a mark indicating that the same has been so seized.
(3) Any forest officer not below the rank of a Range Forest Officer who has seized any property other than a minor forest produce, under clause (Hi) of sub-section (1) may release the same on the execution by the owner thereof of a bond for the production of the property so released, whenever required.
(4) The minor forest produce and other property seized under clause (iii) of sub-section (1) shall be kept in the custody of the forest officer not below the Appeal.
Registration.
Disposal of minor forest Produce.
Delegation of Powers.
Power of entry, search, seizure etc.
1979 : Guj. 7 ] Gujarat Minor Forest Produce Trade Nationalisation Act, 1979 9 of 10 rank of a forest guard or village headman until an order of his disposal is received.
(5) The provisions of the Code of Criminal Procedure, 1973 relating to search and seizure shall, so for as may be, apply to searches and seizures under this section.
15. If any person contravenes the provisions of section 3 or 11 or of any of the terms and conditions of a permit issued under clause (c), (d) or (e) of sub-section (2) of section 3,-
(a) he shall, on conviction, be punished with imprisonment which may extend to one year or with fine which may extend to one thousand rupees or with both; and when the offence is a continuing one, with a daily fine not exceeding one hundred rupees during the period of the continuance of the offence.
(b) the minor forest produce in respect of which such contravention has been made or such part thereof as the court may deem fit shall be forfeited to the State Government:
Provided that if the court is of the opinion that it is not necessary to direct forfeiture in respect of the whole or, as the case may be, any part of the minor forest produce, it may for reasons to be recorded refrain from doing so.
16. Any person who attempts to contravene, or abets the contravention of any of the provisions of section 3 or 11 or of any of the terms and conditions of a permit issued under clause (c), (d) or (e) of sub-section (2) of section 3, shall be deemed to have contravened that provision.
17. No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by any Forest officer not below the rank of a Range Forest Officer or by a police officer not below the rank of a Sub-Inspector or by such other officer as may be authorised by the State Government in this behalf.
18. No suit, prosecution or other legal proceeding shall lie against the State Government, the Corporation, an authorised officer, an agent or any other employee of the State Government or of the Corporation for any thing in good faith done 01 intended to be done in pursuance of this Act or any rules made thereunder.
19. It is hereby declared that the provisions of this Act are for giving effect to the policy of the State towards securing the principles specified in article 46 of the Constitution.