{ "id": 16510, "slug": "the-indian-forest-gujarat-amendment-act-1983", "title": "The Indian Forest (Gujarat Amendment) Act, 1983", "short_title": "The Indian Forest (Gujarat Amendment) Act, 1983", "act_number": "(Gujarat Act No. 19 of 1983)", "act_year": 1983, "act_type": "STATE", "location": "Goa", "law_status": "unknown", "enactment_date": null, "description": "The Indian Forest (Gujarat Amendment) Act, 1983", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "52", "title": "2. Amendment of section 52 of Act XVI of 1927.", "chapter": null, "content": "(1) after sub-section (1), the following sub-section shall be inserted namely :-\n\"(1A) Any Forest Officer or Police Officer may, if he has reason to believe that a vehicle has been or is being used for the transport of forest produce in respect of which there is reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle to stop the vehicle and cause it to remain stationary as long as may reasonably be necessary for examination of the contents in the vehicle and inspection of all records relating to the forest produce and in possession of such driver or other person in charge of the vehicle or any other person in the vehicle.\" ;\n(2) in sub-section (2), for the words \"make a report of such seizure to the magistrate having jurisdiction to try the offence on account of which the seizure has been made\" the following shall be substituted, namely:-\n(a) where the offence on account of which the serizure has been made in respect of the forest produce which is the property of the Central Government or in respect of which the Administrator has any interest, to the concerned authorised officer under section 61 A; and\n(b) in other cases, to the magistrate having jurisdiction to try the offence on account of which the seizure has been made.\"", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "53", "title": "3. Amendment of section 53 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "54", "title": "4. Deletion of section 54 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "55", "title": "5. Amendment of section 55 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "56", "title": "6. Amendment of section 56 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "57", "title": "7. Amendment of section 57 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "58", "title": "8. Amendment of section 58 of Act XVI of 1927.", "chapter": null, "content": "(1) for the words \"The Magistrate may notwithstanding anything herein before contained, direct the sale of\" the words and figures \"The Forest Officer who made the seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell\" shall be substituted ;\n(2) the following shall be added at the end, namely:-\n\"and shall report about every such sale to his official superior\".", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Insertion of new sections 61A, 61B, 61C, 61D, 61E, 6lF and 61G in Act XVI of 1927.", "chapter": null, "content": "\"61A. 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 forest produce which is the property of the Central Government, the officer seizing the property under sub-section (1) of section 52 shall without any unreasonable delay produce it, together with all tools, ropes, chains, boats, vehicle and cattle used in committing such offence, before an officer authorised by the Central Government in this behalf by notification in the Official Gazette, not being below the rank of an Assistant Conservator of Forest (hereinafter referred to as \"the authorised officer\").\n\"61A. Confiscation by Forest Officers in certain cases.\n(2) Where the authorised officer seizes under sub-section (1) of section 52 any forest produce which is the property of the Central Government or where any such property is produced before the authorised officer under sub-section (1) and he is satisfied that a forest offence has been committed in respect of such property, such authorised 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, boats, vehicles and cattle used in committing such offence.\n(3) (a) where the authorised officer, after passing an order of 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 party thereof to be sold by public action.\n(b) Where any confiscated property is sold as aforesaid, the proceeds thereof, after deduction of the expenses of any such action or other incidental expenses, relating thereto, shall, where the order of confiscation made under section 61A is set aside or annulled by an order under section 61C or 61D, be paid to the owner thereof or to the person from whom it was seized as may be specified in such order.", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "61A", "title": "61B. Issue of show cause notice before confiscation under section 61A. - (1) No order confiscating any forest produce or tools, ropes, chains, boats, vehicles or cattle shall be made under section 61A except after notice in writing to the person from whom it is seized informing him of the grounds on which it is proposed to confiscate it and considering his objections, if any:", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "61A", "title": "61B. Issue of show cause notice before confiscation under section 61A.", "chapter": null, "content": "(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 61A if the owner of the tool, rope, chain, boat, vehicle or cattle proves to the satisfaction of the authorised officer that it was used in carrying forest produce without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the tool, rope, chain, boat, vehicle or cattle and that each of them had taken all reasonable and necessary precautions against such use.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "61A", "title": "61C. Revision. - Any forest Officer not below the rank of Conservator of Forests specially empowered by the Central Government in this behalf by notification in the Official Gazette may, before the expiry of thirty days from the date of the order of the authorised officer under section 61A, suo moto call for and examine the records of that order and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit:", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "61C", "title": "61C. Revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "61A", "title": "61D. Appeal. - (1) Any person aggrieved by any order passed under section 61A or section 61C may, within thirty days from the date of communication to him of such order, appeal to the Sessions Judge having jurisdiction over the area in which the property to which the order, relates has been seized and the Sessions Judge shall, after giving an opportunity of being heard to the appellant and the authorised officer or the officer specially empowered under section 61C as the case may be, pass such o", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "61D", "title": "61D. Appeal.", "chapter": null, "content": "(2) an order of the Sessions Judge under sub-section (1) shall be final and shall not be questioned in any court of law.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "61A", "title": "61E. Award of confiscation not interefere with other punishment. - The award of any confiscation under section 61A or 61C or 61D shall not prevent the infliction of any punishment which the person affected thereby is liable under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "61E", "title": "61E. Award of confiscation not interefere with other punishment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "61A", "title": "61F. Property confiscated when to vest in Government. - When an order for confiscation of any property has been passed under section 61A or 61C or 61D 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 (3) of section 61A me sale proceeds thereof as the case may be, shall vest in the Central Government free from all encumbrances", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "61F", "title": "61F. Property confiscated when to vest in Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "52", "title": "61G. Bar of jurisdiction in certain cases. - Whenever any forest produce belonging to the Central Government or any tool, rope, chain, boat, vehicle or cattle used in committing any offence is seized under sub-section (1) of section 52, the authorised officer under section 61A or the officer specially empowered under section 61C or the Sessions Judge hearing an appeal under section 61D shall have and, notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Proce", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "61G", "title": "61G. Bar of jurisdiction in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "68", "title": "10. Amendment of section 68 of Act XVI of 1927.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 } ], "metadata": { "Act ID": "goa298", "Act Number": "(Gujarat Act No. 19 of 1983)", "Enactment Date": "", "Act Year": "1983", "Short Title": "The Indian Forest (Gujarat Amendment) Act, 1983", "Type": "STATE", "Location": "Goa" }, "updated_at": "2026-09-29 21:55:19" }