Section 12 in The M.P. Kashtha Chiran (Viniyaman) Adhiniyam, 1984
12. [Confiscation of unlawful stock of wood, plants and machinery etc.] [Substituted for 'confiscation of saw mill etc.' by M.P. Act No. 9 of 2005.].
(1)Save as provided in clause (b) of Section 4,-(a)where a saw mill [x x x] [The words 'or saw pit', omitted by M.P. Act No. 13 of 2003 (w.e.f. 26-4-2003).] is established or operated in an area declared to be a prohibited area under sub-section (1) of Section 5; or(b)where a saw mill [x x x] [The words 'or saw pit', omitted by M.P. Act No. 13 of 2003 (w.e.f. 26-4-2003).] is established or operated without a licence or without renewal of licence under sub-sections (2) and (4) respectively of Section 6; or(c)where the saw mill [x x x] [The words 'or saw pit', omitted by M.P. Act No. 13 of 2003 (w.e.f. 26-4-2003).] is operated after suspension or revocation of a licence under sub-section (5) of Section 6; or(d)where the saw mill [x x x] [The words 'or saw pit', omitted by M.P. Act No. 13 of 2003 (w.e.f. 26-4-2003).] is operated with the aid of electrical energy or electrical installation in contravention of the provision of such-section (1) of Section 10; or(e)unaccounted wood is stored in the saw mill [x x x] [The words 'or saw pit', omitted by M.P. Act No. 13 of 2003 (w.e.f. 26-4-2003).],[the licensing officer may order confiscation of the stock of wood unlawfully stored or whole or portion of the plants, machinery, implements and equipments, as the case may be.] [[Substituted by M.P. Act No. 9 of 2005. Prior to substitution it read as under :'the Licensing Officer may order confiscation of the stock of wood unlawfully stored together with whole or portion of the plants and machinery, implements and equipments, which have been used in the commission of the offence.']](2)No order of confiscating any property shall be made under sub-section (1) unless the person from whom the property is seized and in the case the owner of such property is known, such person is given-(a)as notice in writing informing him of the grounds on which it is proposed to confiscate such property;(b)an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and(c)a reasonable opportunity of being heard in the matter.(3)Any Forest Officer not below the rank of a Conservator of Forests empowered by the State Government in this behalf by notification, may within thirty days from the date of order of confiscation by the licensing officer under sub-section (1), either "suo motu" or on application, call for and examine the records of that order and may make such enquiry or cause such enquiry to be made and pass such orders as he may thinks fit :Provided that no order prejudicial to any person shall be passed without giving him an opportunity of being heard.(4)Any person aggrieved by an order passed under sub-section (3) 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 (3) or sub-section (4) has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in the State Government free from all encumbrances.(5)An order of confiscation under sub-section (1) or sub-section (3) or sub-section (4) shall not be deemed to bar the imposition of any other penalty to whom the person from whom the property is seized is liable under this Act.
