(1) Any Forest Officer specially
1. Substituted vide O.A. No. 12 of 2003 Notfn. No.6282/Legis. O.G.E. No. 660, dt.5.5.2003.
48 empowered in this behalf by the State Government may accept as compensation from any person who committed or in respect of whom it can be reasonably inferred that he has committed 1[any forest offence (other than an offence under Section 66 or Section 67 or an offence in the committing of which a vehicle has been used.]
(i) a sum of money not exceeding fifty rupees where such offence is of a trivial nature and involves forest produce the market value of which does not exceed twenty-five rupees.
(ii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times of such value as estimated by such Forest Officer, in addition to the market value of the forest produce, where such offence involves any forest produce which in the opinion of the Forest Officer may be released.
(iii) a sum of money which shall not in any case be less than the market value of the forest produce, or more than four times such value as estimated by such Forest Officer, where such offence involves forest produce which in the opinion of the Forest Officer should be retained by the Government :
1[Provided that no such offence as is referred to in Clause (ii) or Clause (iii) shall be compounded if the market value of the forest produce involved exceeds 2[five thousand rupees.]
(2) On receipt of the sum of money referred to in Sub-Section (1) by such officer—
(i) the accused person, if in custody, shall be discharged.
(ii) the property seized shall, if it is not to be so retained, be released; and
(iii) no further proceedings shall be taken against such person or property.
NOTES
(1) Sections 72 and 72(I) (III) - In order to levy demand, the concerned officer has to fix market value. There is no material to indicate how the forest authorities were defrauded or misrepresent by the petitioner - It was said that material taken for consideration, for which the petitioner was not given any opportunity to explain the same, resulting in the demand to be quashed - 1994(II) OLR-573.
The word ‘value’ used in this Section is extensive to include the ‘market value’ - AIR 1957 MP-169.
(2) Section 72 - Odisha Timber and other Forest Produce Transit Rules, 1980 - Rule 11 - For compounding of offence, the accused has to
1. Substituted by Odisha Act 9 of 1983-See O.G.E. No. 444, dt. 18.4.1983.
2. Substituted by Odisha Act No. 9 of 2011 Notfn. No. 4974-34/2011/Legis OGE No. 1211 Dt. 23.05.2011.
49 pray at the time of seizure of forest produce as provided under Section 72 of the Act. In case of failure to do the same at that stage, the forest officer will refuse to accept the same at a later stage and forward the case to the Magistrate - Divisional Forest Officer includes any Deputy Divisional Forest Officer according to the definition given in the said Act - 1994(7) OLR-347.