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The Indian Forest (Tripura Second Amendment) Act, 1986

Tripura · state statute
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JUTS ISR 
Published in the 
EXTRAOXDINERY ISSUE OF TRIPURA GAZELTE 
Agartala, Wednesday, May 20, 1987 4. D. 
Vaisakha 30, 1909 S. E. 
GOVERNMENT OF TRIPURA 
LAW DEPARTMENT 
No. E. 1(10)Law/Leg/80. Dated, Agartala, the 11th April, 1987. 
The following Act of the Tripurd Legislative Assembly = 
of the President on 4-4-1987 and is hereby published for general information. 
cived assent 
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Tripura Act, No. 8 of 1987 
Indian Forest (Tripura $ cond Amendment) Act, 1986. 
AN 
ACT, 
Surther 1o amend the Indicn Forest Act, 1927 in its application to the State of 
Tripura. 
WHEREAS is expedient further to amend the Indian Forest Act, 1927 
(16 of 1927) in its application to the State of Tripura, for the purposes and 
in the manner hereinafter appearing — 
It is horeby cnacted in the Thirty Seventh year of the Republic of India, 
by the legistature of Tripura, as follows :— 
Short title & I, (1) This Act may be called the Indian Forest (Lripura 
Commerice- Sccond Amendment) Act, 1986 
ment. () It shall come into force at once. 
Application 5. The Indian Forest Act, 1927 (hereinafter referred to as 
principal Act) shall in its application to the State of 
Tripura be amended for the purposes and in  the 
manoer hereinafter provided. 
Tasertion of 3. Alter Section 52 of the Principal  Act, the following 
new section new section shall be inserted, mamely == 
“Confiscation 524 (1) Where a Saw Mill is established, 
of suw mill ete. maintained or operated without & 
licence or without renewal of a licence 
the authorised officer  may order confiscation of the 
stock of wood together with whole or portion of the 
plants, machinery, Jpicnetis, touls, and equipnents 
of the Saw Mill. 
(2) Where the authorised officer seizes under sub-sec- 
tion (1) of Secion 52 any forest produce or where any 
such propgrty is produced before the authorised officer 
after scizure by any Forest Officer and he is satisfied that 
4 forest oflence has been committed in gespect of such 
property, such authorised officer may, whether or not & 
prosecution jnstituted for the [commission of such forest 
offence, order confiscation of the property 0 seized 
togeiher with all Lools, equipments, TOPes, chains, boats, 
carts, vehicles and cattle used in committing such offence. 
(3) No crder confiscating any property shall be made 
under Sub-Section (1) or Sub-section (2) unless the person 
from whom the property is seized and in case the owner 
of such preperty is known, such person is given 
(1) a notice o writing informing him the grounds on 
whicli it is proposed to confiscate such property ; 
(b) an opportunity of waking representation in writing 
within such reasonable time as may be specified in 
rounds for confiscation ; the notice against the 
and 
(¢) a reasonable opportunity of being heard in the 
matter. i 
(4y Any Forest Officer not below the rank of Conser- i 
vator of Forsts empowered by the Statz Government in 
this behalf by notification, may within 30 days from the 
date of order of confiscation by the authorised officer 
under sub-section (1) or $ub-section (2) either suo-moto { 
or on application, call for and examine the records of 
that order and may make such inquiry or cause such } 
inquiry to be made and pass orders as he may think fit, i 
Provided that no erder prejudical to any person shall } 
be passed without giving him an opportunity of being i@ 
heard. i 
(5) Any persons aggrieved by an order passed under i 
sub-sections (1), (2) or (4) may within thirty days from the 
date of communication io him of such order, appeal (0 the 
Distriet Court having jurisdiction over the area in which 
the property has been seized and the District Court 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 Caurt so passed shall be final.  Where an order 
of confiscation of any property passed under sub-section 
(1) or sub-section (2) or sub-section (4) has become final 
in respect of the whole or any portion of such property ; 
such property or the portion thete of ; as the® case may 
be shall vest in the State Government free from all 
cncumbrances. » 
T it
Explanaiion,  For (he purposes of this section authorised oificer means an officer pot below  (he rank OLASsistant Conservator of Forest autho- rised by the State Government by notifica- Hon,” 
S. R. Sinhi 
Deputy Secretary, Law. 
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