Section 13 in The Orissa Saw Mills and Saw Pits (Control) Act, 1991
13. Confiscation of Saw Mill etc.
(1)The Licensing Officer may:(a)where a saw mill or saw pit is established or operated, after the appointed day, in an area declared to be prohibited area under Subjection (1) of Section 5 ; or(b)where a saw mill or saw pit is established or operated save as provided in Sub-section (2) of Section 4, without a valid licence ;(c)where a saw mill or saw pit is operated after suspension or revocation of a licence under Sub-section (4) of Section 7; or(d)where the saw mill or saw pit is operated with the aid of electrical energy or electrical installation in contravention of the provision of Section 11,order confiscation of the whole or the portion of the plants and machinery implements and equipments which have been used in the commission of the offence.(2)No order confiscating any property shall be made under Sub-section (1) unless the person from whom the property is seized and, where the owner of such property is known, such owner, are given-(a)notice in writing informing of the grounds on which it is proposed to confiscate such property;(b)an opportunity of making a representation in writing, within the prescribed time which shall 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 tank 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, think 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 Judge having jurisdiction over the area in which the property has been seized and the District Judge 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 Judge so passed shall be final.(5)Where an order of confiscation of any property passed under Subsection (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 the portion thereof, as the case may be, shall vest in the State Government free from all encumbrances.(6)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 which the person from whom the property is seized is liable under this Act.
