Amendment status not verified — confirm the current text below against the official source.
Nothing hereinbefore contained shall be deemed to prevent the District Forest Officer subject to section 49-G from directing at any time the immediate release of any property seized under section 41 and the withdrawal of any charge made in respect of such property. 49-A Confiscation by Forest Officers in certain cases (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 not below the rank of an Assistant Conservator of Forests authorized by the Government in this behalf, by notification in the Tamil Nadu Government Gazette (hereinafter referred to as the authorized officer). (2) Where the authorized 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 authorized officer under sub-section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorized officer may, whether or not a prosecution is instituted for the commission of such forest offence, order confiscation of the property so seized together with all tools, ropes, chains, books, vehicles and cattle used in committing such offence. (3) (a) Where the authorized offence 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. 49-B Issue of show cause notice before confiscation under section 49-A (1) No order confiscating any scheduled timber or tools, ropes, chains, boats, vehicles or cattle shall be made under section 49-A, except after notice in writing to the person from whom it is seized informing him o fine grounds on which it is proposed to confiscate it and considering his objections if any: Provided that no order confiscating a motor vehicle shall be made except after giving notice in writing to the registered owner thereof, if in the opinion the authorized officer, it is practicable to do so and considering his objection, if any. (2) Without prejudice to the provisions of sub-section (1), no order confiscating any tool, rope, chain, boat, vehicle or cattle shall be made under section 49-A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorized officer that it was used in carrying scheduled timber without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain but, vehicle or cattle and that each of them, had taken all reasonable and necessary precautions against such use. (c) Revision - Any Forest Officer not below the rank of Conservator of Forests specially empowered by the Government in this behalf, by notification in the Tamil Nadu Government Gazette may, of his own motion, call for and examine the records of the authorized officer in respect of any order under section 49-A, make such inquiry or cause such inquiry to be made and pass such orders as he deems fit : Provided that no revision proceeding shall be initiated by such officer under this section against any order passed under section 49-A, if the time for appeal against that order has not expired: Provided further that no order prejudicial to any person shall be passed under this section unless such person has been given an opportunity of making his representation. 49-D Appeal - (1) Any person aggrieved by any order passed under section 49-A section 49-C may, within thirty days from the date of communication area in which the order relates, has been seized and the Sessions Judge shall after given an opportunity of being heard to the appellant and the authorized officer or the officer specially empowered under section 49-C, as the case may be, pass such order as he may think fit, confirming, modifying or annulling the order appealed against. (2) An order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any court of law. 49-E Award of confiscation no ban for infliction of any punishment - The award of any confiscation under section 49-A or section 49-C or section 49-D shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act. 49-F Property confiscated to vest with Government - when an order for confiscation of any property has been passed under section 49-A or section 49-C or section 49-D and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, or if it has been sold under sub-section (d) of section 49-A, the sale proceeds thereof, as the case may be, shall vest in the Government free from all circumstances. 49-G Bar of jurisdiction in certain cases - whenever any scheduled timber belong to the Government or any tool, rope, chain, boat, vehicle, or cattle, used for committing any offence in respect of any scheduled timber, is seized under section (1) of section 41, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in any other law for the time being in force- (a) the authorized officer under section 49-A, or the Forest Officer specially empowered under section 49-C, or the sessions Judge hearing an appeal under section 49-D, shall have, and (b) any other officer, court, tribunal or authority shall not have, jurisdiction to make orders with regard to the custody, possession, delivery, disposal or distribution of such property.