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[Cites 0, Cited by 1] [Section 221] [Entire Act]

State of Himachal Pradesh - Subsection

Section 221(3) in The Himachal Pradesh Municipal Corporation Act, 1994

(3)
(i)A breach of the provision of sub-section (1) or abetment of breach thereof in respect of cutting or destroying of each tree of the prescribed class shall be a separate offence and shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both.
(ii)When any person is convicted for breach of the provisions of sub-section (1), the court convicting such person shall, in addition to the punishment imposed, order forfeiture in favour of the concerned municipality of any tree/ fuel/ timber in whatever from it may have been converted and in respect of which the breach of the provisions of sub-section (1) is made and in case such tree/ fuel/ timber is not available for forfeiture the market value thereof as determined by the court shall be recoverable from him in the same manner as fine imposed.
(iii)No offence or breach of the provisions of sub-section (1) shall be compounded by any authority empowered to compound, without providing for forfeiture of the tree, fuel or timber in favour of the concerned municipality.
(iv)Any officer especially empowered in this behalf by the State Government, having reason to believe that a breach of such provision of the Act has been committed or is likely to be committed, may seize the tree, fuel or timber in respect of which such breach has been committed and also all tools used or likely to be used in the commission of such offence and all these articles shall on conviction of the offender or on the composition of the offence, be forfeited to the concerned municipality.
Explanation. - For the purpose of this sub-section, the term "municipality" means the Municipal Council or Nagar Panchayat, as the case may be.