49A. [ Confiscation by Forest Officers in certain cases. [Inserted by Tamil Nadu Forest (Amendment) Act, 1992 (Tamil Nadu Act 44 of 1992).]
(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 scheduled timber which is the property of the Government, the officer seizing the property under, sub-section (1) of section 41 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 mot below the rank of an Assistant Conservator of Forests authorised by the Government in this behalf, by notification, in the Tamil Nadu Government Gazette (hereinafter referred to as the authorised officer).(2)Where the authorised officer himself seizes, under sub-section (1) of section 41, any scheduled timber which is the property of the 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 m 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 or 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 proceed thereof after deduction of the expenses of any such auction of 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 49-C or, section 49-D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.
