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Union of India - Section
Section 61 in Indian Forest Act, 1927
61. Saving of power to release property seized.
- Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the [State Government] [[Substitutedby A.O. 1950, for "Provincial Government".]] from directing at any time the immediate release of anyproperty seized under section 52.| [Goa].- In Section 61, for under section 52, substitute under section 52 which is not the property of the Government, and the withdrawal of any charge made in respect of such property.Goa Act 15 of 1989, Section 12 (w.e.f. 10-8-1989).[Himachal Pradesh].- In its application to the State of Himachal Pradesh, in Section 6, after the figure 52 but before the sign . occurring at the end, insert , which is not the property of the Government, and the withdrawal of any charge made in respect of such property.H.P. Act 15 of 1991, Section 11 (w.e.f. 24-7-1991).[Maharashtra].- In its application to the State of Maharashtra, in Section 61, for the words and figures seized under section 52, substitute seized under section 52 which is not the property of Government and the withdrawal of any charge made in respect of such property.Maharashtra Act 7 of 1985, Section 15 (w.e.f. 1-6-1985).Sections 61-A and 61-B[Uttaranchal].- In its application to the State of Uttaranchal, after Section 61, insert the following section, namely:61-A. Summary eviction of unauthorised occupants.(1) If a Forest Officer, not below the rank of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29, as the case may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.(2) If, after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.(3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.(4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final.61-B. Disposal of property left on land by unauthorised occupant.(1) Where any person has been evicted from any land under section 61-B, the Forest Officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolised building or standing crop.(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned.Uttaranchal Act 10 of 2002, Section 13.Sections 61-A to 61-C[Uttar Pradesh].- In its application to the State of Uttar Pradesh,(i) after Section 61, add the following section, namely:61-A. Summary eviction of persons convicted of certain offences.(1) Where a Court convicts any person of an offence under clause (a), clause (d) or clause (h) of sub-section (1) of section 26 or clause (c) or clause (h) of sub-section (1) of section 33, it may, when passing judgment, direct the eviction of such person from any land in respect of which the offence has been committed.(2) Any Court of appeal or revision may direct any order under sub-section (1) passed by a Court subordinate thereto to be stayed pending consideration by the former Court, and may modify, alter or annul such order.U.P. Act 23 of 1965, Section 14 (w.e.f. 23-11-1965).(ii) after Section 61-A, insert the following sections, namely:61-B. Summary eviction of unauthorised occupants.(1) If a Forest Officer, not below the rank of a Divisional Forest Officer, is of the opinion that any person is in unauthorised occupation of any land in areas constituted as a reserved or protected forest under section 20 or section 29, as the case may be, and that he should be evicted, the Forest Officer shall issue a notice in writing calling upon the person concerned to show cause, on or before such date as is specified in the notice, why an order of eviction should not be made.(2) If, after considering the cause, if any, shown in pursuance of a notice under this section, the Forest Officer is satisfied that the said land is in unauthorised occupation, he may make an order of eviction for reasons to be recorded therein, directing that the said land shall be vacated by such date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.(3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest Officer who made the order under sub-section (2) or any other Forest Officer, duly authorised by him in this behalf, may evict that person from and take possession of the said land and may, for this purpose, use such force as may be necessary.(4) Any person aggrieved by an order of the Forest Officer under sub-section (2) may, within such period and in such manner as may be prescribed, appeal against such order to the Conservator of Forests of the circle or to such officer as may be authorised by the State Government in this behalf and the order of the Forest Officer shall, subject to the decision in such appeal, be final.61-C. Disposal of property left on land by unauthorised occupant.(1) Where any person has been evicted from any land under section 61-B, the Forest Officer may, after giving not less than ten days notice to the person from whom possession of the land has been taken, remove or cause to be removed or dispose of, by public auction, any property remaining on such land including any material of a demolised building or standing crop.(2) Where any property is sold under sub-section (1) the sale proceeds thereof shall, after deducting the expenses of the sale and the expenses necessary to restore the land to its original condition, be paid to the person concerned.U.P. Act 1 of 2001, Section 13 (w.e.f. 16-4-2001).Sections 61-A to 61-G[Goa].- After Section 61, insert the following sections, namely:61-A. Confiscation by Forest Officer in certain cases.(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or any other law for the time being in force, where a forest-offence is believed to have been committed in respect of forest-produce which is the property of the Government, the officer seizing the property under sub-section (1) of section 52, shall, without any unreasonable delay, produce it, together with all tools, ropes, chains, boats, vehicles, carts and cattle used in committing such offence before an officer authorised by the Government in this behalf, by notification in the Official Gazette, not being below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised officer).(2) When an authorised officer seizes under sub-section (1) of section 52, any forest-produce which is the property of the Government or any such property is produced before the authorised officer under sub-section (1) and 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 forest-offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles, carts, cattle and other contrivances used in the commission of such offence.(3) 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 the confiscated property or any part thereof to be sold by public auction.(4) Where any confiscated property is sold as aforesaid, the proceeds thereof, after deduction of the expenses of such auction or other incidental expenses relating thereto, shall, where the order of confiscation made under section 61-A is set aside or annulled by an order under section 61-C or 61-D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.61-B. Issue of show-cause notice before confiscation under section 61-A.(1) No order confiscating any forest-produce or tools, ropes, chains, boats, vehicles, carts, cattle or any contrivances shall be made under section 61-A except after notice in writing to the person from whom it was seized and considering his objection, if any:Provided that, no order confiscating a motor vehicle shall be made except, after giving a 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 shall be made under section 61-A, if the owner of the tools, ropes, chains, boats, vehicles, carts, cattle or any other contrivance, proves to the satisfaction of the authorised officer that it was used in carrying forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain, boat, vehicle, cart and cattle or any other contrivance and that each of them taken all reasonable and necessary precautions against such use.61-C. Revision.Any Forest Officer not below the rank of Deputy Conservator of Forest specially empowered by the Government in this behalf, by notification in the Official Gazette, may, before the expiry of ninety days from the date of the order of the authorised officer under section 61-A, give notice and call for and examine the records of that order and may make such enquiry or cause such enquiry to be made and may pass such order as he deems fit:Provided that, no such order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.61-D. Appeal.(1) Any person aggrieved by any order passed under section 41, section 61-A or section 61-C may within forty-five days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property to which the order relates has been seized and the Sessions Judge shall, after giving an opportunity of being heard to the appellant and the authorised officer or the officer specially empowered under section 61-C, as the case may be, pass such order, as he may think fit, confirming, modifying or annulling the order appealed against.(2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any Court of law.61-E. Order of confiscation or seizure not to interfere with the other punishment.The order of any confiscation or seizure under section 41, 61-A or section 61-C or section 61-D shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.61-F. Property confiscated when to vest in Government.When in order for confiscation or seizure of any property has been passed under section 41, 61-A or 61-D such order has become final in respect of the whole or any portion of it or if it has been sold under sub-section (3) of section 61-A, the sale proceeds thereof, as the case may be, shall vest in the Government free from all encumbrances.61-G. Bar of jurisdiction in certain cases.Whenever any forest-produce belonging to the Government together with any tool, rope, chain, boat, vehicle, cart, cattle or any other contrivance used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61-A or the officer specially empowered under section 61-C or the Sessions Judge hearing an appeal under section 61-D have and, 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, any other officer, Court, tribunal or authority shall not have jurisdiction to make an order with regard to the custody, possession, delivery or distribution of such property.Goa Act 15 of 1989, Section 13 (w.e.f. 10-8-1989).Sections 61-A to 61-G[Gujarat].- In its application to the State of Gujarat, after Section 61, insert the following sections, namely:61-A. Confiscation by Forest Officers in certain cases.(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or in 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 any unreasonable delay, produce it, together with all tools, ropes, chains, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the Official Gazette, not being below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised officer).(2) Where the authorised officer seizes under sub-section (1) section 52 any forest produce which is the property of the State Government or where any such property is produced before the authorised officer under sub-section (1) 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 is instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, ropes, chains, boats, vehicles and cattle 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 the 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 or other incidental expenses, relating thereto, shall, where the order of confiscation made under section 61-A is set aside or annulled by an order under section 61-C or 61-D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.61-B. Issue to show cause notice before confiscation under section 61-A.(1) No order confiscating any forest-produce or tools, ropes, chains, boats, vehicles or cattle shall be made under section 61-A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate it 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 objections, if any.(2) Without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 61-A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain, boat, vehicle or cattle, and that each of them had taken all reasonable and necessary precautions against such use.61-C. Revision.Any Forest Officer not below the rank of Conservator of Forests specially empowered by the State Government in this behalf by notification in the Official Gazette may, before the expiry of thirty days from the date of the order of the authorised officer under section 61-A,suo motucall for and examine the records of that order and may make such inquiry or cause such inquiry to be made and pass such orders as he deems fit:Provided that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.61-D. Appeal.(1) Any person aggrieved by any order passed under section 61-A or section 61-C may, within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property to which the order relates has been seized and the Sessions Judge shall, after giving an opportunity of being heard to the appellant and the authorised officer or the officer specially empowered under section 61-C, as the case may be, pass such order, as he may think fit, confirming, modifying or annulling the order appealed against.(2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any Court of law.61-E. Award of confiscation not to interfere with other punishment.The award of any confiscation under section 61-A or 61-C or 61-D shall not prevent the infliction of any punishment which the person affected thereby is liable under this Act.61-F. Property confiscated when to vest in Government.When an order for confiscation of any property has been passed under section 61-A or 61-C or 61-D and such order has become final in respect of the whole or any person of such property, such property or portion thereof or if it has been sold under sub-section (3) of section 61-A the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.61-G. Bar of jurisdiction in certain cases.Wherever any forest-produce belonging to the State Government or any tool, rope, chain, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61-A or the officer specially empowered under section 61-C or the Sessions Judge hearing an appeal under section 61-D shall have and, notwithstanding anything for the time being in force, any other officer, Court, tribunal or authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of such property.Gujarat Act 19 of 1983, Section 9 (w.r.e.f. 24-5-1983).Sections 61-A to 61-G[Maharashtra].- In its application to the State of Maharashtra, after Section 61, insert the following sections, namely:61-A. Confiscation by Forest Officers of forest-produce when forest-offence is believed to have been committed.(1) Notwithstanding anything contained in the foregoing provisions of this Chapter or any other law, where a forest-offence is believed to have been committed in respect of timber, sandalwood, firewood, charcoal or any other notified forest-produce which is the property of the State Government, the officer seizing the property under sub-section (1) of section 52 shall, without any unreasonable delay, produce it, together with all tools, boats, vehicles and cattle used in committing such offence, before an officer authorised by the State Government in this behalf by notification in the Official Gazette, not being an officer below the rank of an Assistant Conservator of Forests (hereinafter referred to as the authorised officer).(2) the State Government may authorise one or more officers for any local area under sub-section (1).(3) Where an Authorised Officer seizes under sub-section (1) of section 52 any timber, sandalwood, firewood, charcoal or any other notified forest-produce which is the property of the State Government or any such property is produced before an authorised officer under sub-section (1) 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 is instituted for the commission of such forest-offence, order confiscation of the property so seized together with all tools, boats, vehicles and cattle used in committing such offence.(4)(a) Where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated property or any part thereof and the tools, boats, vehicles and cattle to be sold by public auction.(b) Where any confiscated property or the tools, boats, vehicles and cattle are sold, as aforesaid, the proceeds thereof, after deduction of the expenses of any such auction or other incidental expenses relating thereto shall, where the order of confiscation made under this section is set aside or annulled by an order under section 61-C or 61-D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.61-B. Issue of show cause notice before confiscation under section 61-A.(1) No order confiscating any timber, sandalwood, firewood, charcoal or any other notified forest-produce, tools, boats, vehicles or cattle shall be made under section 61-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, boat, vehicle or cattle shall be made under section 61-A if the owner of the tool, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying the timber, sandalwood, firewood, charcoal or any other notified forest-produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use.61-C. Revision.Any Forest Officer not below the rank of Conservator of Forests specially empowered by the State Government in this behalf by notification in the Official Gazette may,suo motucall for and examine the record of the order of the authorised officer under section 61-A; and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit:Provided that no such record shall be called for after the expiry of 30 days from the date of such order, and no order, under this section shall be passed if, in the meanwhile, an appeal has been filed under section 61-D against the order of the authorised officer:Provided further that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.61-D. Appeal.(1) Any person aggrieved by any order passed under section 61-A or section 61-C may, within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property and the tools, boats, vehicle, and cattle to which the order relates has been seized and the Sessions Judge shall, after giving an opportunity to the appellant and the authorised officer or the officer specially empowered under section 61-C, as the case may be, to be heard, pass such order, as he may think fit, confirming, modifying or annulling the order appealed against.(2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any Court of law.61-E. Award of confiscation not to interfere with other punishments.The award of any confiscation under section 61-A or section 61-C or section 61-D shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act or any other law for the time being in force.61-F. Property, etc., confiscated when to vest in Government.When an order for confiscation of any property or any tools, boats, vehicles or cattle is passed under section 61-A or section 61-C or section 61-D and such order has become final in respect of the whole or any portion of such property, or tool, boat, vehicle or cattle, such property or portion thereof or tool, boat, vehicle or cattle or if it has been sold under clause (a) of sub-section (4) of section 61-A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.61-G. Bar of jurisdiction in certain cases.Whenever any timber, sandalwood, firewood, charcoal or any other notified forest-produce which is the property of the State Government, together with any tool, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61-A or the officer specially empowered under section 61-C or the Sessions Judge hearing an appeal under section 61-D shall have, and 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, in any officer, Court, tribunal or authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of such property and any tool, boat, vehicle or cattle.Maharashtra Act 7 of 1985, Section 16 (w.ef. 1-6-1985). |