Amendment status not verified — confirm the current text below against the official source.
Subs. by the A.O. 1950, for “Crown”. 38 shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 79.-In sub-section (2), in the long line, for the words “shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees” substitute the words, “shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees”. Section 79A to 79C.-After section 79, insert the following sections, namely:- 79-A. Penalty for unauthorisedly taking possession of land constituted as reserved or protected forest.-(1) Any person who unauthorisedly takes or remains in possession of any land in areas constituted as reserved forest or protected forest under section 20 or section 29 as the case may be, may, without prejudice to any other action that may be taken against him under any other provision of this Act, be summarily ejected by order of a forest officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such forest officer may fix, shall be liable to forfeiture: Provided that no order of ejectment under this sub-section shall be passed unless the person proposed to be ejected is given a reasonable opportunity of showing cause why such an order should not be passed. (2) Any property so forfeited shall be disposed of in such manner as the forest officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 82. (3) Any person aggrieved by an order of the forest officer under sub-section (1) may, within sixty days from the date of such order prefer an appeal by petition in writing to the concerned Chief Conservator of Forests in person or through a duly authorized agent and such petition shall be accompanied by a certified copy of the order appealed against. (4) On receipt of the appeal and after summoning the parties and perusing the record of the proceedings, the Chief Conservator of Forests shall fix a date and convenient place for hearing the appeal and shall give notice thereof to the parties, and shall hear the appeal accordingly. (5) The order passed on the appeal by the Chief Conservator of Forests shall be final.