= JUTS ISR Published in the EXTRAOXDINERY ISSUE OF TRIPURA GAZELTE Agartala, Wednesday, May 20, 1987 4. D.
Vaisakha 30, 1909 S. E.
GOVERNMENT OF TRIPURA LAW DEPARTMENT No. E. 1(10)Law/Leg/80.
Dated, Agartala, the 11th April, 1987.
The following Act of the Tripurd Legislative Assembly = of the President on 4-4-1987 and is hereby published for general information.
cived assent 3 T — T S T —— — e - I E — - Ed Tripura Act, No. 8 of 1987 Indian Forest (Tripura $ cond Amendment) Act, 1986.
AN ACT, Surther 1o amend the Indicn Forest Act, 1927 in its application to the State of Tripura.
WHEREAS is expedient further to amend the Indian Forest Act, 1927 (16 of 1927) in its application to the State of Tripura, for the purposes and in the manner hereinafter appearing — It is horeby cnacted in the Thirty Seventh year of the Republic of India, by the legistature of Tripura, as follows :— Short title & I, (1) This Act may be called the Indian Forest (Lripura Commerice- Sccond Amendment) Act, 1986 ment.
() It shall come into force at once.
Application 5. The Indian Forest Act, 1927 (hereinafter referred to as principal Act) shall in its application to the State of Tripura be amended for the purposes and in the manoer hereinafter provided.
Tasertion of 3. Alter Section 52 of the Principal Act, the following new section new section shall be inserted, mamely == “Confiscation 524 (1) Where a Saw Mill is established, of suw mill ete. maintained or operated without & licence or without renewal of a licence the authorised officer may order confiscation of the stock of wood together with whole or portion of the plants, machinery, Jpicnetis, touls, and equipnents of the Saw Mill.
(2) Where the authorised officer seizes under sub-section (1) of Secion 52 any forest produce or where any such propgrty is produced before the authorised officer after scizure by any Forest Officer and he is satisfied that 4 forest oflence has been committed in gespect of such property, such authorised officer may, whether or not & prosecution jnstituted for the [commission of such forest offence, order confiscation of the property 0 seized togeiher with all Lools, equipments, TOPes, chains, boats, carts, vehicles and cattle used in committing such offence.
(3) No crder confiscating any property shall be made under Sub-Section (1) or Sub-section (2) unless the person from whom the property is seized and in case the owner of such preperty is known, such person is given
(1) a notice o writing informing him the grounds on whicli it is proposed to confiscate such property ;
(b) an opportunity of waking representation in writing within such reasonable time as may be specified in rounds for confiscation ; the notice against the and (¢) a reasonable opportunity of being heard in the matter. i (4y Any Forest Officer not below the rank of Conser- i vator of Forsts empowered by the Statz Government in this behalf by notification, may within 30 days from the date of order of confiscation by the authorised officer under sub-section (1) or $ub-section (2) either suo-moto { or on application, call for and examine the records of that order and may make such inquiry or cause such } inquiry to be made and pass orders as he may think fit, i
Provided that no erder prejudical to any person shall } be passed without giving him an opportunity of being i@ heard. i
(5) Any persons aggrieved by an order passed under i sub-sections (1), (2) or (4) may within thirty days from the date of communication io him of such order, appeal (0 the Distriet 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 Caurt so passed shall be final. Where an order of confiscation of any property passed under sub-section
(1) or sub-section (2) or sub-section (4) has become final in respect of the whole or any portion of such property ;
such property or the portion thete of ; as the® case may be shall vest in the State Government free from all cncumbrances. » T it Explanaiion, For (he purposes of this section authorised oificer means an officer pot below (he rank OLASsistant Conservator of Forest authorised by the State Government by notifica- Hon,” S. R. Sinhi Deputy Secretary, Law.
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