Bare ActsThe Kerala Preservation of Trees Act, 1986 (Act 35 of 1986)

Section 13

Amendment status not verified — confirm the current text below against the official source.

Power to seize timber and other articles involved in commisswn of offline—(1) Where any oflicer of the Forest Department not below the rank of Forester or any Police Ofiicer not below the rank of Sub Inspector has reason to believe that any tree has been cut in contravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub-section (1; of section 5, he may seize the timber of such tree together with all tools, ropes, chains and other articles used in the commission of such offence and all boats, vehicles and animals used for carrying SJCh timber. \ Explanation—The terms ‘fboat" and “vehicle” in this section. se tion 14 and. section 15 shall include all the articles and machinery kept in the boat or vehicle, as the case may be whether fixed to the same or not. ' . . (2) Every oliicer seizing any timber under sub-section (1) shall place on such timber a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the authorised oflicer. ' (3) On receipt of a report under sub-sectibn (2), the authorised oflicer shall,— ' (a) if he is satisfied that the timber mentioned in such report is of any free out in contravention of section 4 or sub-section (2) of section 5 or .a direction contained in a, notification under sub-section (1) of section 5, make a report of such seizure to the ,ludicial Magistrate of the First Class having Jurisdiction over the area in which such seizure has been made; - (b) if he is not so satisfied, make a report of such seizure to such authority‘as may be prescribed. (4) The authority to which a report is made under clause (b) 01 sun-section (3) shall,— (a) if it is satisfied that the timber mentioned in such report is of any tree cut incontravention of section 4 or sub-section (2) of section 5 or a direction contained in a notification under sub—section (1) of section 5, make a report of the seizure of such timber to the Judicial Magistrate of the First Class having jurisdiction rover the area in which such seizure has been made; -. , -. — {K - ' ' 243 (b) if it is not so satisfied, order that such timber and any tool, rope, chain or other article or any boat, vehicle or animal seized along with it shall be returned to the person from whom they were seized. . .

Section 13 – The Kerala Preservation of Trees Act, 1986 (Act 35 of 1986) | DailyLaw.ai