Bare ActsThe ASSAM FOREST REGULATION 1891 (7 of 1891)

Section 49A

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Any Forest Officer not below the rank of a Divisional Forest Officer, who or whose subordinate has seized any tools, vehicles, trucks, vessels, rafts, machineries, boats, motorized boats, cattle, ropes. chains or any other implements, articles etc under Section 49, may release the same on the execution by the owner or the person in-charge thereof of a bond for the production of the property so released if and when so required before the Magistrate having jurisdiction to try the offence or before any Authorised Officer whenever required for the purpose as mentioned under Section 49 to proceed ahead with the offence on account of which the seizure has been made. Provided that whenever such release is made, the officer releasing the properly shall immediately make a report to the Authorised Officer describing the circumstances and the reasons for Power to release Property seizec under section 49. the release of the properly to the claimant or the owner or the person in-charge of the property. · *{Substituted by 2005 (Amd) Act (Act no 2 of 2008. s.9} *[49-B. Any Forest Officer not below the rank of a Conservator of Forests specially empowered by the State government in this behalf by notification in tire official gazette may, suo-rnotu or on application by the aggrieved person call for and examine any record or any order under Section 49 (4) and may make such enquiry or cause such enquiry to be made and may pass such order as he deems fit : Provided that no order under this Section shall be made if in the meantime an appeal has been preferred under Section 49-C. Provided further that no order prejudicial to any person shall be passed without giving him a reasonable opportunity of being heard. 49-C. Any person aggrieved by an order under Section Appeal 39 (4) or Section 49 -B 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 has been seized and the District Judge shall after giving a reasonable opportunity of being heard to the parties, pass such order either varying, confirming , modifying, annulling or setting aside the order appealed against and the order of the Court so passed shall be final. Explanation:- The time required for obtaining the certified copy of the order of confiscation of the order passed under Section - B shall be excluded while computing the period of thirty days referred to in this Section.] *{Insert of new sec 498 & 49C by 2005 (Amd) Act (Act no 2 of 2008. s.10}

Section 49A – The ASSAM FOREST REGULATION 1891 (7 of 1891) | DailyLaw.ai