[Cites 0, Cited by 5]
[Section 68]
[Entire Act]
Union of India - Subsection
Section 68(3) in Indian Forest Act, 1927
| [Bihar].- In its application to the State of Bihar, for Section 68, substitute the following section, namely:68. (1) The State Government may, by notification in the Official Gazette, empower a Forest Officer(a) To accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence other than an offence specified in clauses (c) and (d) to section 26, clauses (c) and (d) to section 33 or section 62 or section 63, sum of money by way of compensation for the offence which such person is suspected to have committed, and(b) When any property has been seized as liable for confiscation, to release the same on payment of the value thereof as estimated by such officer.(2) On the payment of such sum of money, or such value, or both as the case may be, to such officer, the suspected person, in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.(3) Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of an Assistant Conservator of Forest.Bihar Act 9 of 1990, Section 9 (w.e.f. 10-9-1990).[Goa].- In Section 68,(1) (i) in sub-S. (1), after the words and figures The State Government may, insert ,subject to such conditions as may be specified,;(ii) in Cl. (a), for the words any forest-offence, substitute any forest-offence under this Act, and after the words a sum of money, insert not exceeding ten thousand rupees,;(iii) in Cl. (b), for the words liable to confiscation, substitute liable to confiscation subject to provision of section 61-G;(iv) in sub-S. (3), for the word fifty, substitute ten thousand.Goa Act 15 of 1989, Section 15 (w.e.f. 10-8-1989).(2) In sub-S. (1),(i) in Cl. (a), omit the words under this Act (as added by Gujarat Act 15 of 1989, Section 15).(ii) for Cl. (b), substitute the following clause, namely:(b) when any property has been seized as liable to confiscation subject to the provision of section 61-G, to release the same on payment of the value thereof as estimated by such officer.Goa Act 2 of 1990, Section 5 (w.e.f. 29-3-1990).[Gujarat].- In its application to the State of Gujarat, for Section 68, substitute the following section, namely:68. Power to compound offences.(1) The State Government may, by notification in the Official Gazette, empower a Forest Officer(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money, by way of compensation for the offence which such person is suspected to have committed, and(b) when any property has been seized as liable to confiscation *[subject to section 61-G to release the same on payment of, or at his discretion, on acceptance of an undertaking in writing to pay, the value thereof as named by such officer.(2) On the payment of, or on acceptance of an undertaking in writing to pay, such sum of money, or such named value, or both, as the case may be, to such an officer, the suspected person, if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings, other than those under section 82 where necessary, shall be taken against such person or property.(3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Ranger [* * * *] and the sum of money accepted or agreed to be accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of *[two thousand rupees.Gujarat Act 15 of 1960, Section 6(k) (w.e.f. 8-12-1960) as amended by Gujarat Act 11 of 1976, Section 3 (w.e.f. 1-4-1976) and Gujarat Act 19 of 1983, Section 10 (w.e.f. 24-5-1983); * inserted by Act 19 of 1983; words and is in receipt of monthly salary amounting to at least one hundred rupees, omitted by Act 11 of 1976; * substituted for five hundred rupees,ibid.[Madhya Pradesh].- In its application to the State of Madhya Pradesh, in Section 68, sub-S. (3), for the words two hundred rupees, substitute five hundred rupees.M.P. Act 9 of 1965, Section 14 (w.e.f. 20-9-1965).[Maharashtra].- Same as Gujarat (before amendment by Gujarat Acts 11 of 1976 and 19 of 1983), except that in sub-S. (1), before the words The State Government, insert Subject to the provision of sub-section (3).Maharashtra Act 6 of 1961, Section 13 (w.e.f. 3-2-1961).[Punjab, Haryana and Chandigarh].- In Section 68, sub-S. (3), for the word fifty, substitute five hundred.Punjab Act 13 of 1962, and Central Act 31 of 1966, Section 88, Section 5 (w.e.f. 10-7-1962).[Tripura].- In Section 68, sub-S. (3), for the words one hundred rupees and fifty rupees, substitute one thousand five hundred rupees and five thousand rupees, respectively.Forest (Tripura Third Amendment) Act, 1990, Section 3 (w.e.f. 20-6-1991).[Uttaranchal].- In its application to the State of Uttaranchal, in Section 68, in sub-S. (3),(i) the words and is in receipt of a monthly salary amounting to at least one hundred rupees shall be omitted;(ii) for the words fifty rupees, substitute five thousand rupees for the first offence and for second subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees.Uttaranchal Act 10 of 2002, Section 15.[Uttar Pradesh].- In its application to the State of Uttar Pradesh,(i) in Section 68, sub-S. (3), for the word fifty, substitute five hundred.U.P. Act 21 of 1960, Section 8 (w.e.f. 23-11-1960).(ii) the word and is in receipt of a monthly salary amounting to at least one hundred rupees shall be omitted;(iii) for the words five hundred rupees, substitute five thousand rupees for the first offence and for second and subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees.U.P. Act 1 of 2001, Section 16 (w.e.f. 16-4-2001).[West Bengal].- In its application to the State of West Bengal, in Section 68,(1) in sub-S. (1), for the words the value thereof, substitute an amount equivalent to double the market value thereof;(2) in sub-S. (2), for the words or such value, substitute or such amount;(3) for sub-S. (3), substitute the following sub-section, namely:(3) A Forest Officer shall not be empowered under this section unless he is a Forest Officer of a rank not inferior to that of a Forester, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of one thousand one hundred and fifty rupees.W.B. Act 14 of 1975, Section 3 (w.e.f. 6-5-1975).(4) after sub-S. (3), insert the following sub-section, namely:(4) Notwithstanding anything contained in the foregoing provisions of this section, no forest-offence, other than a forest-offence under section 62 or section 63, shall be compounded by a Forest Officer if the value of the forest-produce seized exceeds five thousand rupees or if a cart or other vehicle has been used in committing the offence.W.B. Act 22 of 1988, Section 21 (w.e.f. 3-2-1989). |