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Union of India - Section
Section 59 in Indian Forest Act, 1927
59. Appeal from orders under section 55, section 56 or section 57.
- The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.| [Goa].- In Section 59, for the words one month, substitute 45 days.Goa Act 15 of 1989, Section 10 (w.e.f. 10-8-1989).[Himachal Pradesh].- In Section 59,(a) in the heading after orders under section but before the figure 55, insert 52-A;(b) the existing section shall be renumbered as sub-S. (1) thereof; and(c) after sub-S. (1), as so renumbered, the following sub-Ss. (2) and (3) shall be added, namely:(2) Any person aggrieved by any order passed under section 52-A or section 59-A may, within thirty days from the date of communication to him of such order, appeal to the Session 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 to the appellant and the Authorised Officer or the officer specially empowered under section 59-A, as the case may be, to be heard, pass such order as he may think fit confirming, modifying or annulling the order appealed against.(3) The order of the Sessions Judge under sub-section (2) shall be final and shall not be questioned in any Court of law.H.P. Act 15 of 1991, Section 8 (w.e.f. 24-7-1991).Sections 59-A and 59-B[Himachal Pradesh].- In its application to the State of Himachal Pradesh, after Section 59, insert the following new sections, namely:59-A. Revision.Any Forest Officer not below the rank of Conservator of Forests, specially empowered by the State Government in this behalf by notification published in the Official Gazette, may, before the expiry of thirty days from the date of order of the Authorised Officer under section 52-A,suo motucall for and examine the records of that order, may make such enquiry or cause such enquiry to be made and may pass such order 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.59-B. Bar of jurisdiction in certain cases.Whenever any timber (excluding fuelwood), resin,khairwood andkathatogether with any tool, rope, chain, boat or vehicle used in committing any forest-offence is seized under section 52, the authorised officer under sub-section (1) of section 52-A or the officer specially empowered under section 59-A or Sessions Judge hearing an appeal under sub-section (2) of section 59 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, any other officer, Court, Tribunal or authority shall not have jurisdiction to make order with regard to custody, possession, delivery, disposal or distribution of such property.H.P. Act 15 of 1991, Section 9 (w.e.f. 24-7-1991).Sections 59-A to 59-G[West Bengal].- In its application to the State of West Bengal, after Section 59, insert the following new sections, namely:59-A. Confiscation by Forest Officer of forest-produce in the case of forest-offence believed to have been committed.(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 the timber or other forest-produce which is the property of the State Government, the Forest Officer or the Police Officer seizing the timber or other forest-produce under sub-section (1) of section 52 shall, without any unreasonable delay, produce the same, together with all tools, ropes, chains, boats, vehicles and cattle used in committing the offence before an officer of a rank not inferior to that of an Assistant Conservator of Forests authorised by the State Government in this behalf by notification in the Official Gazette (hereinafter referred to as the authorised officer).(2) The State Government may, for any local area, authorise one or more officers under sub-section (1).(3) Where any timber or other forest-produce which is the property of the State Government is produced before an authorised officer under sub-section (1) and the Authorised Officer is satisfied that a forest-offence has been committed in respect of such property, he may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of the property together with all tools, ropes, chains, boats, vehicles and cattle used in committing the offence.(4)(a) Where the Authorised Officer, after passing the order of confiscation of the property together with all tools, ropes, chains, boats, vehicles and cattle as aforesaid under sub-section (3), is of opinion that it is expedient in the public interest so to do, he may order such property or any part thereof and such tools, ropes, chains, boats, vehicles and cattle to be sold by public auction.(b) Where the order of confiscation of any property or tools, ropes, chains, boats, vehicles or cattle under sub-section (3) is set aside or annulled under section 59-C or section 59-D, the proceeds of sale by auction shall, after deduction of the expenses of auction and all other incidental expenses relating thereto, if any, be paid to the owner of such property or tools, chains, boats, vehicles or cattle to the person from whom the same was seized as may be specified in the order under section 59-C or section 59-D.59-B. Issue of notice before confiscation.(1) No order confiscating any property or tools, ropes, chains, boats, vehicles or cattle shall be made under section 59-A except after giving a notice in writing to the owner of, or the person from whom, such property or tools, ropes, chains, boats, vehicles or cattle have been seized, for showing cause as to why the same should not be confiscated and considering his objections, if any:Provided that no order confiscating any 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.Explanation.Motor vehicle shall have the same meaning as in the Motor Vehicles Act, 1939.(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 59-A, if the owner thereof proves to the satisfaction of the Authorised Officer that such tool, rope, chain, boat, vehicle or cattle was used in carrying the timber or other forest-produce without the knowledge or connivance of the owner himself or his agent, if any, or the person in charge thereof and that each of them had taken all reasonable and necessary precautions against such use.59-C. Revision.Any Forest Officer of a rank not inferior to that of the Conservator of Forests specially empowered by the State Government in this behalf by notification in the Official Gazette maysuo motu, or on application by the aggrieved person call for and examine any record of any order under section 59-A and may make such inquiry or cause such inquiry to be made and may pass such order as he deems fit:Provided that no such record shall be called for after the expiry of thirty days from the date of the order under section 59-A, and no order under this section shall be passed if, in the meantime, an appeal has been preferred under section 59-D against any order under section 59-A:Provided further that no order prejudicial to any person shall be passed under this section without giving him an opportunity of being heard.59-D. Appeal.(1) Any person aggrieved by an order under section 59-A or section 59-C may, within thirty days from the date of communication to him of such order, prefer an appeal to the District Judge having jurisdiction over the area in which the property and the tools, ropes, chains, boats vehicles or cattle have been seized and the District Judge shall, after giving the appellant and the Officer who passed the order an opportunity of being heard, pass an order confirming, modifying or annulling the order appealed against.(2) The order of the District Judge under sub-section (1) shall be final and shall not be called in question by any Court.59-E. Award of punishment under other provisions of the Act.Notwithstanding any order under section 59-A or section 59-C or section 59-D, nothing in any of the said sections shall be deemed to prevent the award to any person affected by such order of any punishment to which such person is liable under this Act or any other law for the time being in force.59-F. Confiscated property and proceeds of sale to vest in Government.When an order for the confiscation or sale by auction of any property or any tools, ropes, chains, boats, vehicles or cattle is passed under section 59-A and is confirmed in whole or in part on revision under section 59-C or on appeal under section 59-D, such property or tools, ropes, chains, boats, vehicles or cattle or the proceeds of sale, as the case may be, shall vest in the State Government from all encumbrances.59-G. 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, the officer authorised under section 59-A or the Forest Officer specially empowered under section 59-C or the District Judge to whom an appeal may be preferred under section 59-D shall have and any other officer or Forest Officer or Court, Tribunal or authority shall not have jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of any property or tools, ropes, chains, boats, vehicles or cattle seized under section 52.W.B. Act 22 of 1988, Section 17 (w.e.f. 3-2-1989). |