‘ Every authorised officer and appellate authority shall, for the purpose of performing his or its functions under this Act, have all the powers of a. civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and .
((1) such other matters as may be prescribed, 25/2484/B.
242 : 12. Powers of entry. and inspectwn.—The authorised officer or any other ofiicer generally or specially authorised by the Goverrunent in this behalf may, with such assistants, if any, being persons in the’ service of the Governmm-t, as he thinks fit, at all reasonable tunes enter upon any land for the purpose of ascertaining whether any of the provisions of this Act or any of the terms and conditions subject to which any permission has been granted under this . Act has been contravened.
13. Power to seize timber and other articles involved in commisswn of offline—(1) Where any oflicer of the Forest Department not below the rank of Forester or any Police Ofiicer not below the rank of Sub Inspector has reason to believe that any tree has been cut in contravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub-section (1; of section 5, he may seize the timber of such tree together with all tools, ropes, chains and other articles used in the commission of such offence and all boats, vehicles and animals used for carrying SJCh timber.
\ Explanation—The terms ‘fboat" and “vehicle” in this section.
se tion 14 and. section 15 shall include all the articles and machinery kept in the boat or vehicle, as the case may be whether fixed to the same or not.
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. (2) Every oliicer seizing any timber under sub-section (1) shall place on such timber a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the authorised oflicer. '
(3) On receipt of a report under sub-sectibn (2), the authorised oflicer shall,— '
(a) if he is satisfied that the timber mentioned in such report is of any free out in contravention of section 4 or sub-section
(2) of section 5 or .a direction contained in a, notification under sub-section (1) of section 5, make a report of such seizure to the ,ludicial Magistrate of the First Class having Jurisdiction over the area in which such seizure has been made; -
(b) if he is not so satisfied, make a report of such seizure to such authority‘as may be prescribed.
(4) The authority to which a report is made under clause (b) 01 sun-section (3) shall,—
(a) if it is satisfied that the timber mentioned in such report is of any tree cut incontravention of section 4 or sub-section
(2) of section 5 or a direction contained in a notification under sub—section (1) of section 5, make a report of the seizure of such timber to the Judicial Magistrate of the First Class having jurisdiction rover the area in which such seizure has been made; -. , -. — {K - ' ' 243
(b) if it is not so satisfied, order that such timber and any tool, rope, chain or other article or any boat, vehicle or animal seized along with it shall be returned to the person from whom they were seized. .
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14. Power to release property seized under section J8.——The authorised officer may release any tool, rope, chain or. other article or any boat, vehicle or animal seized under section. _13 and in respect of which a report has been made to the Judicial Magistrate of the First Class under clause (a) of sub-section (3) or clause (a) of sub-section (4) of that section, on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before such Magistrate.