52A. [ Appeal against order of confiscation. [Inserted by Act No. 15 of 2013, dated 9.4.2013.]
(1)Any person aggrieved by an order of confiscation may, within thirty days of the order, or if fact of such order has not been communicated to him, within thirty days of date of knowledge of such order, prefer an appeal in writing, accompanied by such fee and payable in such form as may be prescribed and by certified copy of order of confiscation, to the Chief Conservator of Forests (hereinafter in this Chapter referred to as the Appellate Authority) of the forest region in which the forest produce has been seized.Explanation. - The time requisite for obtaining certified copy of order of confiscation shall be excluded while computing period of thirty days referred to in this sub-section.(2)The Appellate Authority shall, on presentation of memorandum of appeal, issue a notice for hearing of appeal to the officer effecting seizure and to the appellant, and may send for record of the case.(3)The Appellate Authority may pass such orders of "interim" nature for custody, preservation or disposal (if necessary) of the subject matter of confiscation, as may appear to be just or proper in the circumstances of the case.(4)The Appellate Authority, having regard to the nature of the case or the complexities involved, may permit parties to the appeal to be represented by their respective legal practitioners.(5)On the date fixed for hearing of the appeal or on such date to which the hearing may be adjourned, the Appellate Authority shall peruse the record and hear the parties to the appeal if present in person or through any agent duly authorised in writing or through a legal practitioner and shall thereafter proceed to pass an order of confirmation, reversal or modification of order of confiscation:Provided that before passing any final order the Appellate Authority may, if it is considered necessary for proper decision of- appeal, make further inquiry itself or cause it to be made by the authorised officer, and may also allow parties to file affidavits for asserting or refuting any fact that may arise for consideration and may allow proof of facts by affidavits.(6)The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.(7)Copy of final order, or of order of consequential nature, shall be sent to the authorised officer for compliance or for passing any other appropriate order in conformity with the order of Appellate Authority.
