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Section 15: Precedure by MagistratB

The Kerala Preservation of Trees Act, 1986 (Act 35 of 1986)State Act of Kerala · Act 35 of 1986

Up0n the receipt of a report under clause (a) of sub-section (3) or clause (a) of sub-section (4) of section 13, the Magistrate shall take such measures as may be necessary for the trial of the accused and the disposal of the timber and any tool, rope, chain or other article or any boat, vehicle or animal seized along with it, according to law.

16. Procedure as to perishable property seized under section 13.—-7(1) Notwithstanding anything hereinbefore contained,— ‘

(a)_ the Magistrate to whom a report is made under section 13 may direct the sale of any property seized undér that section, which is subject to speedy and natural decay; and - (b) if, in the opinion of the authorised officer, it is necessary to dispose of the property, which is subject to speedy and natural decay. such officer shall immediately after, and in any case not later than one month from, the date of Report under section 13 make an application to the magistrate referred to in clause (a) for permission to sell the property by such officer himself and on getting such permission may sell the property himself. remit the sale proceeds into the nearest Government Treasury and make a report of such sale and remittance to that Magistrate and thereupon such Magistrate shall take such measures as may be necessary for the trial of the accused.

(2) The Magistrate may deal with the proceeds of the sale of any property sold under clause (a) or clause (b) of sub-section (1) in the same manner as he might have dealt with the property if it had not been sold.

17.1 Sawing of power to release property seized—Nothing hereinbefore contained shall be deemed to prevent the authorised officer from directing at any time the immediate release of any property'seized under section 13 and the withdrawal of any-charge made in respect of such property:

' . - r Provided that the powers under this section shall be exercised by the authorised officer only for good and suflicient reasons to be recorded in writing and with the previo‘us approval in writing of the Divisional Forest Officer concerned.

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18. Institution of prosecution—No prosecution shall be instituted against any person without the sanction of the authorised officer.

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Where this provision sits

ActThe Kerala Preservation of Trees Act, 1986 (Act 35 of 1986)
Section15
Marginal notePrecedure by MagistratB
JurisdictionState of Kerala
StatusIn force as published by the source

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