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Union of India - Section

Section 52 in Indian Forest Act, 1927

52. Seizure of property liable to confiscation.

(1)When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, carts or cattle used in committing any such offence, may be seized by any Forest Officer or Police Officer.
(2)Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made:Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.
[Bihar].- In its application to the State of Bihar, for Section 52, substitute the following section, namely:52. Seizure and its procedure for the property liable for confiscation.(1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, arms, boats, vehicles, ropes, chains or any other article used in committing any such offence, may be seized by any Forest Officer or Police Officer.(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be either produce the property seized before an officer not below the rank of the Divisional Forest Officer authorised by the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or where it is, having regard to quantity of bulk or other genuine difficulty, not practicable to produce the property seized before the authorised officer, or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:Provided that when the forest-produce with respect to which such offence is believed to have been committed is the property of Government and the offender is unknown, it shall be sufficient if the Officer makes, as soon as may be, a report of the circumstances to his immediate superior.(3) Subject to sub-section (5), where the authorised officer upon production before him of property seized or upon receipt of report about seizure, as the case may be, is satisfied that a forest-offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded confiscate forest-produce so seized together with all tools, arms, boats, vehicles, ropes, chains or any other article used in committing such offence. The Magistrate having jurisdiction to try the offence concerned may, on the basis of the report of the authorised confiscating officer, cancel the registration of a vehicle used in committing the offence, the licence of the vehicle-driver and the licence of the arms. A copy of order on confiscation shall be forwarded without undue delay to the Conservators of Forests of the forest-circle in which the forest-produce, as the case may be, has been seized.(4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer(a) sends an intimation about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;(b) issues a notice in writing to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property;(c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation, and(d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purposes.(5) No order of confiscation under sub-section (3) of any tools, arms, boats, vehicles, ropes, chains or any other article (other than the forest-produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, arms, boats, ropes, chains or other articles were used without his knowledge or connivance or, as the case may be, without the knowledge or connivance of his servant or agent and that all reasonable and necessary precautions had been taken against use of the objects aforesaid for commission of forest-offence.Bihar Act 9 of 1990, Section 5 (w.e.f. 10-9-1990).[Goa].- In Section 52,(i) in sub-S. (1), for the words or cattle, substitute cattle, vehicles or any contri-vances used;(ii) after sub-S. (1), insert the following sub-section, namely:(1-A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle or cart has been or is being used for the transport of forest-produce in respect of which there is a reason to believe that a forest-offence has been or is being committed, require the driver or other person in charge of such vehicle or cart to stop the vehicle or cart and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle or cart and inspect all records relating to the forest-produce carried, which are in the possession of such driver or other person in charge of the vehicle or cart or any other person in the vehicle or cart;(iii) for sub-S. (2), substitute the following sub-section, namely:(2) Every officer seizing any property under this section, shall place on such property or the receptacle of vehicle (if any) in which it is contained, a mark indicating that the same has been so seized and make a report of such seizure.(a) where the offence on account of which the seizure has been made, is in respect of timber, firewood, charcoal or any forest-produce which is the property of Government, to the concerned authorised officer under section 61-A, and(b) in other cases, to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his superior officer.Goa Act 15 of 1989, Section 5 (w.e.f. 10-8-1989).[Gujarat].- In its application to the State of Gujarat,(1) for the word carts wherever it occurs, substitute vehicles.Gujarat Act 15 of 1960, Section 3, 4(2) (w.e.f. 8-12-1960).(2) After sub-S. (1), insert the following sub-section, namely:(1-A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest-produce in respect of which there is reason to believe that a forest-offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary for examination of the contents in the vehicle and inspection of all records relating to the forest-produce and in possession of such driver or other person in charge of the vehicle or any other person in the vehicle;(3) In sub-S. (2), for the words make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made, substitute make a report of such seizure(a) where the offence on account of which the seizure has been made is in respect of the forest-produce which is the property of the State Government or in respect of which the State Government has any interest, to the concerned authorised officer under section 61-A; and(b) in other cases, to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.Gujarat Act 19 of 1983, Section 2 (w.e.f. 24-5-1983).[Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 52,(1) for the word carts, wherever it occurs, substitute vehicles.H.P. Act 25 of 1968, Section 4 (w.e.f. 17-2-1968);(2) for sub-S. (2), substitute the following sub-sections, namely:(2) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of timber (excluding fuelwood) resin,khairwood andkathain respect of which a forest-offence has been or is being committed, require the driver or other person-in-charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person-in-charge of the vehicle.(3) Every Officer seizing any property under this section shall place on such property a mark indicating that the same has been seized, and shall, as soon as may be, make a report of such seizure(a) where the offence, on account of which the seizure has been made, is in respect of timber (excluding fuelwood), resin,khairwood andkathawhich is the property of the State Government, to the concerned authorised officer under sub-section (1) of section 52-A; and(b) in other cases, to the Magistrate having jurisdiction to try the offence on account of which the seizure is made.H.P. Act 15 of 1991, Section 4 (w.e.f. 24-7-1991).[Madhya Pradesh].- In its application to the State of Madhya Pradesh, for Section 52, substitute the following section, namely:52. Seizure of property liable to confiscation and procedure therefor.(1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, boats, vehicles, chains or any other article used in committing any such offence may be seized by any Forest Officer or Police Officer.(2) Every officer seizing any property under this section shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, either produce the property seized before an officer not below the rank of an Extra Assistant Conservator of Forests authorised by the State Government in this behalf by notification (hereinafter referred to as the authorised officer) or where it is, having regard to quantity or bulk or other genuine difficulty, not practicable to produce property seized before the authorised officer, make a report about the seizure to the authorised officer, or where it is intended to launch criminal proceedings against the offender immediately, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made:Provided that, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.(3) Subject to sub-section (5), where the authorised officer upon production before him of property seized or upon receipt of report about seizure, as the case may be, is satisfied that a forest-offence has been committed in respect thereof, he may by order in writing and for reasons to be recorded confiscate forest-produce so seized together with all tools, vehicles, boats, ropes, chains or any other article used in committing such offence. A copy of order of confiscation shall be forwarded without any undue delay to the Conservator of Forests of the forest circle in which the timber or forest-produce, as the case may be, has been seized.(4) No order confiscating any property shall be made under sub-section (3) unless the authorised officer(a) sends an intimation in form prescribed about initiation of proceedings for confiscation of property to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made;(b) issues a notice in writing to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property;(c) affords an opportunity to the persons referred to in clause (b) of making a representation within such reasonable time as may be specified in the notice against the proposed confiscation; and(d) gives to the officer effecting the seizure and the person or persons to whom notice has been issued under clause (b), a hearing on date to be fixed for such purpose.(5) No order of confiscation under sub-section (3) of any tools, vehicles, boats, ropes, chains or any other article (other than timber of forest-produce seized) shall be made if any person referred to in clause (b) of sub-section (4) proves to the satisfaction of authorised officer that any such tools, vehicles, boats, ropes, chains or other articles were used without his knowledge or connivance or as the case may be, without the knowledge of connivance of his servant or agent and that all reasonable and necessary precautions has been taken against use of objects aforesaid for commission of forest-offence.M.P. Act 25 of 1983, Section 3 (w.e.f. 1-11-1983).[Maharashtra].- (1) Same as (1) in Gujarat.Bombay Act 25 of 1953, Section 2 (w.e.f. 12-5-1953) and Maharashtra Act 6 of 1961, Section 2 (w.e.f. 3-2-1961).(2)(a) After sub-S. (1), insert the following sub-section, namely:(1-A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest-produce in respect of which there is reason to believe that a forest-offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle and inspect all records relating to the goods carried which are in the possession of such driver or other person in charge of the vehicle;(b) In sub-S. (2),(i) after the words on such property, insert or the receptacle or vehicle (if any) in which it is contained;(ii) after the proviso, add the following proviso, namely:Provided further that, where the offence on account of which the seizure has been made is in respect of timber, sandalwood, firewood, charcoal or such other forest-produce as may be notified by the State Government from time to time (hereinafter referred to as the notified forest-produce) and which is the property of the State Government, such officer shall make a report of such seizure also to the concerned authorised officer under sectionExplanation.For the purposes of this Chapter, the expressions property of Government and property of the State Government include the property belonging to the Forest Department Corporation of Maharashtra, Limited;(c) In the marginal note, for the word confiscation, substitute confiscation and forfeiture.Maharashtra Act 7 of 1985, Section 7 (w.e.f. 1-6-1985).[Punjab, Haryana and Chandigarh].- Same as that in (1) of Gujarat.East Punjab Act 7 of 1948, Section 2 (w.e.f. 3-4-1948).[Tripura].- In sub-S. (1) of Section 52, for carts or cattle, substitute carts, vehicles or cattle.Tripura Act 10 of 1984, Section 5 (w.e.f. 16-3-1985).[Uttaranchal].- In its application to the State of Uttaranchal, in Section 52,(i) in sub-S. (1), for the words carts or cattle, substitute vehicles, cattle, ropes, chains or other articles;(ii) for sub-S. (2), substitute the following sub-sections, namely:(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.(3) Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer.Uttaranchal Act 10 of 2002, Section 6.[Uttar Pradesh].- In its application to the State of Uttar Pradesh, in Section 52,(i) in sub-S. (1), for the words vehicles or cattle, substitute vehicles, cattle, ropes, chains or other articles;(ii) for sub-S. (2), substitute the following sub-sections, namely:(2) Any Forest Officer or Police Officer may, if he has reason to believe that a boat or vehicle has been, or is being, used for the transport of any forest produce in respect of which a forest offence has been, or is being, committed, require the driver or other person in charge of such boat or vehicle to stop it, and he may detain such boat or vehicle for such reasonable time as is necessary to examine the contents in such boat or vehicle and to inspect the records relating to the goods transported so as to ascertain the claims, if any, of the driver or other person in charge of such boat or vehicle regarding the ownership and legal origin of the forest produce in question.(3) Every officer seizing any property under this section shall place on such property 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 Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and if the seizure is in respect of forest produce which is the property of the State Government, shall also make a report to the authorised officer.U.P. Act 1 of 2001, Section 6 (w.e.f. 16-4-2001).[West Bengal].- In its application to the State of West Bengal, in Section 52,(a) in sub-S. (1), for boats, carts, substitute ropes claims boats, vehicles;(b) in sub-S. (2),(i) after the words on such property, insert or the receptacle, if any containing such property, and(ii) for the proviso, substitute the following proviso, namely:Provided that it will not be necessary to make a report of such seizure to the Magistrate in the following cases, namely:(i) when the forest-produce with respect to which each offence is believed to have been committed is the property of the State Government and the offender is unknown, it shall be sufficient to make a report of the circumstances to the official superior;(ii) when the offence falls under the purview of section 59-A:(iii) when the offender agrees in writing to get the offence compounded;(c) after sub-S. (2), insert the following sub-section, namely:(3) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of any forest-produce in respect of which a forest-offence has been committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary to examine the content in the vehicle and inspect all records relating to goods carried, which are in possession of such driver or other person in charge of the vehicle.W.B. Act 22 of 1988, Section 10 (w.e.f. 3-2-1989).
Sections 52-A to 52-D
[Bihar].- In its application to the State of Bihar, after Section 52, insert the following new sections, namely:52-A. Appeal against the order of confiscation.Any person aggrieved by an order of confiscation may, within thirty days of the order, or if the 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 payable in such form as may be prescribed, alongwith the certified copy of order of confiscation to the District Magistrate (hereinafter referred to as Appellate Authority) of the District in which the forest-produce has been seized.Explanation.(1) The time required 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 referred to in section 52-A, may, where no appeal has been preferred before him,suo motuwithin thirty days of date of receipt of copy of order of confiscation by him, and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be, ofsuo motuaction to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and may send for the record of the case:Provided that no formal notice of appeal need be issued to such amongst the appellant, officer effecting seizure and any other person likely to be adversely affected as aforesaid as may waive the notice or as may be informed in any other manner of date of hearing of appeal by the Appellate Authority.(3) The Appellate Authority shall send intimation in writing of lodging of appeal or aboutsuo motuaction, to the authorised officer.(4) The Appellate Authority may pass such order 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.(5) The Appellate Authority, having regard to the nature of the case or the com-plexities involved, may permit parties to the appeal to be represented by their respective legal practitioners.(6) On the date fixed for hearing of the appeal orsuo motuaction, 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 order of confiscation:Provided that before passing any final order the Appellate Authority may if it is considered necessary for proper decision of appeal or for proper disposal ofsuo motuaction, 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.(7) The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.(8) Copy of final order or of order of consequential nature, shall be sent to the authorised officer for compliance or for passing any appropriate order in conformity with the Order of Appellate Authority.52-B. Petition for revision before Secretary, Forest and Environment Department, Government of Bihar against the order of the Appellate Authority.(1) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition for revision to the Secretary, Forest and Environment Department, Government of Bihar.Explanation.In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of Appellate Authority shall be excluded.(2) The Secretary, Forest and Environment Department, Government of Bihar may confirm, reverse or modify any final order or an order of consequential nature passed by the Appellate Authority.(3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the Authorised Officer for compliance or for passing such further order or for taking such further action as may be directed by such Court.(4) For entertaining, hearing and deciding a revision under this section, the Secretary, Forest and Environment Department, Government of Bihar shall as far as may be, exercise the same powers and follow the same procedure as exercised and followed while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 the order passed under this section shall be final and shall not be called in question before any Court.52-C. Bar of jurisdiction of Court, etc. in certain circumstances.(1) On receipt of intimation under sub-section (4) of section 52 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject-matter of confiscation, has been made, no Court, Tribunal or Authority (other than the authorised officer, Appellate Authority and Revision Authority referred to in sections 52, 52-A and 52-B) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated in this Act, or any other law for the time being in force.Explanation.Where under any law for the time being in force, two or more Courts have jurisdiction to try forest-offence, then on receipt of intimation under sub-section (4) of section 52 by one of the Courts of Magistrates having such jurisdiction shall be construed to be receipt of intimation under that provision by all the Courts and the bar to exercise jurisdiction shall operate on all such Courts.(2) Nothing in sub-section (1) shall affect the power saved under section 61.52-D. Power of entry, inspection, search and seizure.Notwithstanding anything contained in any other law for the time being in force any Forest Officer not below the rank of a Range Officer of Forests or any Police Officer not below the rank of a Sub-Inspector may, if he has reasonable grounds to believe that any forest-offence has been committed in contravention of this Act enter upon, inspect and search any place, premises, appurtenances thereto, land, vehicle or boat and seize any illegal forest-produce and all tools, arms, boats, vehicles, ropes, chains or any other articles used in committing such offence.Bihar Act 9 of 1990, Section 6 (w.e.f. 10-9-1990).Sections 52-A and 52-B[Himachal Pradesh].- In its application to the State of Himachal Pradesh, after Section 52, insert the following sections, namely:52-A. Confiscation by Forest Officers in certain cases.(1) Notwithstanding anything contained in this Chapter, where a forest-offence is believed to have been committed in respect of timber (excluding fuelwood), resin,khairwood andkatha, which is the property of the State Government, the Officer seizing the property under sub-section (1) of section 52 without any unreasonable delay produce it, together with all tools, ropes chains, boats or vehicles used in committing such offence before an Officer, authorised by the State Government in this behalf, by notification published in the Official Gazette, not below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised officer).(2) Where an authorised officer seizes under sub-section (1) of section 52 any timber (excluding fuelwood) resin,khairwood andkatha, which is the property of the State Government, or where any such property is produced before an authorised officer under sub-section (1), once he is satisfied that a forest-offence has been committed in respect of such property, such authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the property so seized together with all tools, ropes, chains, boats or vehicles used in committing such offence.(3)(a) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order confiscated property or any part thereof to be sold by public auction.(b) Where any confiscated property is sold as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction of other incidental expenses relating thereto, shall, where the order of confiscation made under section 52-A is set aside or annulled by an order under section 59 or section 59-A, be paid to the owner thereof or the person from whom it was seized as may be specified in such order.52-B. Issue of show cause notice before confiscation under section 52-A.(1) No order confiscating any timber (excluding fuelwood), resin,khairwood andkatha, ropes chains, boats or vehicles shall be made under section 52-A except after notice in writing to the person from whom it is seized and considering his objections, if any:Provided that no order confiscating a motor vehicle shall be made except, after giving notice in writing to the registered owner thereof, if in the opinion of the Authorised Officer it is practicable to do so, and considering his objections, if any.(2) Without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat or vehicle shall be made under section 52-A if the owner of the tool, rope, chain, boat or vehicle proves to the satisfaction of the authorised officer that it was used in carrying the timber (excluding fuelwood), resin,khairwood andkathawithout the knowledge or connivance of the owner himself, his agent, if any and the person-in-charge of the tool, rope, chain, boat or vehicle and that each of them had taken all reasonable and necessary precaution against such use.H.P. Act 15 of 1991, Section 5 (w.e.f. 24-7-1991).Sections 52-A to 52-C[Madhya Pradesh]In its application to the State of Madhya Pradesh, after Section 52, insert the following sections, namely:52-A. Appeal against order of confiscation.(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 Conservator of Forests (hereinafter referred to as Appellate Authority) of the forest circle in which the forest-produce has been seized.Explanation.(1) 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 referred to in sub-section (1), may, where no appeal has been preferred before him,suo motuwithin thirty days of date of receipt of copy of order of confiscation by him, and shall on presentation of memorandum of appeal issue a notice for hearing of appeal or, as the case may be, ofsuo motuaction to the officer effecting seizure and to any other person (including appellant, if any) who in the opinion of the Appellate Authority, is likely to be adversely affected by the order of confiscation, and may send for the record of the case:Provided that no formal notice of appeal need be issued to such amongst the appellant, officer effecting seizure and any other person likely to be adversely affected as aforesaid, as may waive the notice or as may be informed in any other manner of date of hearing of appeal by the Appellate Authority.(3) The Appellate Authority shall send intimation in writing of lodging of appeal or aboutsuo motuaction, to the authorised officer.(4) The Appellate Authority may pass such orders of Interm 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.(5) 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.(6) On the date fixed for hearing of the appeal orsuo motuaction, 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 or for proper disposal ofsuo motuaction, 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.(7) The Appellate Authority may also pass such orders of consequential nature, as it may deem necessary.(8) 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.52-B. Revision before Court of Sessions against order of Appellate Authority.(1) Any party to the appeal, aggrieved by final order or by order of consequential nature passed by the Appellate Authority, may within thirty days of the order sought to be impugned, submit a petition for revision to the Court of Sessions within the Sessions division whereof the headquarters of the Appellate Authority are situate.Explanation.In computing the period of thirty days under this sub-section, the time requisite for obtaining certified copy of order of Appellate authority shall be excluded.(2) The Court of Sessions may confirm, reverse or modify any final order or an order of consequential nature passed by the Appellate Authority.(3) Copies of the order passed in revision shall be sent to the Appellate Authority and to the Authorised officer for compliance or for passing such further orders or for taking such further action as may be directed by such Court.(4) For entertaining, hearing and deciding a revision under this section, the Court of Sessions shall, as far as may be, exercise the same powers and follow the same procedure as it exercises and follows while entertaining, hearing and deciding a revision under the Code of Criminal Procedure, 1973.(5) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, the order of the Court of Sessions passed under this section shall be final and shall not be called in question before any Court.52-C. Bar to jurisdiction of Court, etc., under certain circumstances.(1) On receipt of intimation under sub-section (4) of section 52 about initiation of proceedings for confiscation of property by the Magistrate having jurisdiction to try the offence on account of which the seizure of property which is subject-matter of confiscation, has been made, no Court, Tribunal or Authority (other than the Authorised Officer, Appellate Authority and Court of Session referred to in sections 52, 52-A and 52-B) shall have jurisdiction to make orders with regard to possession, delivery, disposal or distribution of the property in regard to which proceedings for confiscation are initiated under section 52, notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force.Explanation.Where under any law for the time being in force, two or more Courts, have jurisdiction to try forest-offence, then receipt of intimation under sub-section (4) of section 52 by one of the Courts of Magistrates having such jurisdiction shall be construed to be receipt of intimation under that provision by all the Courts and the bar to exercise jurisdiction shall operate on all such Courts.(2) Nothing in sub-section (1) shall affect the power saved under section 61.M.P. Act 25 of 1983, Section 4 (w.e.f. 1-11-1983).Section 52-A[Tripura].-After Section 52, insert the following section, namely:52-A. Confiscation of saw mill, etc.(1) Where a saw mill is established, maintained or operated without a 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 implements, tools, and equipments of the saw mill.(2) Where the Authorised Officer seizes under sub-section (1) of section 52 any forest-produce or where any such property is produced before the Authorised Officer after seizure by any Forest Officer and he is satisfied that a forest-offence has been committed in respect of such property, such Authorised Officer may, whether or not a prosecution instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, equipments, ropes, chains, boats, carts, vehicles and cattle used in committing such offence.(3) No order 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 property is known, such person is given(a) a notice in writing informing him the grounds on which it is proposed to confiscate such property;(b) an opportunity of making representation in writing within such reasonable time as may be specified in the notice against the grounds or confiscation; and(c) a reasonable opportunity of being heard in the matter.(4) Any Forest Officer not below the rank of Conservator of Forests empowered by the State 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 sub-section (2) eithersuo motuor 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:Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.(5) Any person aggrieved by an order passed under sub-section (1), (2) or (4) may, within thirty days from the date of communication to him of such order, appeal to the District 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 Court 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 thereof, as the case may be, shall vest in the State Government free from all encumbrances.Explanation.For the purposes of this section Authorised Officer means an officer not below the rank of Assistant Conservator of Forest authorised by the State Government by notification.Tripura Act 8 of 1987, Section 3 (w.e.f. 20-5-1987).Sections 52-A to 52-D[Uttaranchal].-In its application to the State of Uttaranchal, after Section 52, insert the following sections, namely:52-A. Procedure on seizure.(1) Notwithstanding anything contained in this Act or any other law for the time being in force, where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under sub-section (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.(2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior.(3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the property is subject to speedy and natural decay, he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property:Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice.(5) No order of confiscation of any tool, boat, vehicle, cattle, ropes, chain or other article shall be made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.52-B Appeal.Any person aggrieved by an order of confiscation may, within thirty days of the date of communication to him of such order, prefer an appeal to the Conservator of Forests of the circle who shall, after giving an opportunity of being heard to the appellant and the authorised officer, pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the Conservator of Forests of the circle shall be final.52-C. Order of confiscation not to prevent any other punishment.No order of confiscation under section 52-A or 52-B shall prevent the infliction of any punishment to which the person affected thereby may be liable under this Act.52-D. Bar of Jurisdiction in certain cases.Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of section 52, the authorised officer under section 52-A or the State Government under section 52-B shall have jurisdiction, to the exclusion of every other officer, Court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property.Uttaranchal Act 10 of 2002, Section 7.Sections 52-A to 52-D[Uttar Pradesh].-In its application to the State of Uttar Pradesh, after Section 52, insert the following sections, namely:52-A. Procedure on seizure.(1) Notwithstanding anything contained in this Act or any other law for the time being in force where a forest offence is believed to have been committed in respect of any forest produce, which is the property of the State Government, the officer seizing the property under sub-section (1) of section 52 shall, without unreasonable delay, produce it together with all the tools, boats, vehicles, cattle, ropes, chains and other articles used in committing the offence, before an officer, not below the rank of a Divisional Forest Officer, authorised by the State Government in this behalf, who may, for reasons to be recorded, make an order in writing with regard to custody, possession, delivery, disposal or distribution of such property, and in case of tools, boats, vehicles, cattle, ropes, chains and other articles, may also confiscate them.(2) The authorised officer shall, without any undue delay, forward a copy of the order made under sub-section (1) to his official superior.(3) Where the authorised officer passing an order under sub-section (1) is of the opinion that the property is subject to speedy and natural decay, he may order the property or any part thereof to be sold by public auction and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report about every such sale to his official superior.(4) No order under sub-section (1) shall be made without giving notice, in writing, to the person from whom the property is seized, and to any other person who may appear to the authorised officer to have some interest in such property:Provided that in an order confiscating a vehicle, when the offender is not traceable, a notice in writing to the registered owner thereof and considering his objections if any will suffice.(5) No order of confiscation of any tool, boat, vehicle, cattle, rope, chain or other article shall be made if any person referred to in sub-section (4) proves to the satisfaction of the authorised officer that any such tool, boat, vehicle, cattle, rope, chain or other article was used without his knowledge or connivance or without the knowledge or connivance of his servant or agent, as the case may be, and that all reasonable precautions had been taken against use of the objects aforesaid for the commission of the forest offence.52-B. Appeal.Any person aggrieved by an order of confiscation may, within thirty days of the date of communication to him of such order, prefer an appeal to the State Government and the State Government shall, after giving an opportunity of being heard to the appellant and the authorised officer, pass such order as it may think fit confirming, modifying or annulling the order appealed against and the order of the State Government shall be final.52-C. Order of confiscation not to prevent any other punishment.No order of confiscation under section 52-A or 52-B shall prevent the indiction of any punishment to which the person affected thereby may be liable under this Act.52-D. Bar of jurisdiction in certain cases.Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 or in any other law for the time being in force, whenever any forest produce belonging to the State Government together with any tool, boat, vehicle, cattle, rope, chain or other article is seized under sub-section (1) of section 52, the authorised officer under section 52-A or the State Government under section 52-B shall have jurisdiction, to the exclusion of every other officer, Court, Tribunal or authority, to make orders with regard to the custody, possession, delivery, disposal or distribution of the property.U.P. Act 1 of 2001, Section 7 (w.e.f. 16-4-2001).Section 52-A[West Bengal].- In its application to the State of West Bengal, after Section 52, insert the following section, namely:52-A. Penalty for forcibly opposing seizure.Whoever forcibly opposes the seizure of tools, ropes, chains, boats, vehicles or cattle liable to be seized under this Act, or receives the same after seizure, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.W.B. Act 22 of 1988, Section 11 (w.e.f. 3-2-1989).