Indian Forest (Punjab Amendment) Act, 2004
No: 21 Dated: Oct, 26 2004
THE INDIAN FOREST (PUNJAB AMENDMENT) ACT, 2004
Punjab Act No. 21 of 2004
An Act further to amend the Indian Forest Act, 1927, in its application to the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Fifty-fifth Year of Republic of India as follows :-
1. Short title and commencement. - (1) This Act may be called the Indian Forest (Punjab Amendment) Act, 2004.
(2) It shall come into force at once.
2. Amendment of Section 26 of Central Act 16 of 1927. - In the Indian Forest Act, 1927, in its application to the State of Punjab (hereinafter referred to as the principal Act), in Section 26, in sub-section (1), -
(i) in clause (e), for the word "dragging", the words "dragging or removing" shall be substituted;
(ii) in clause (f), for the words "the same", the words "the same or any forest produce" shall be substituted; and
(iii) for the words "six months, or with fine which may extend to five hundred rupees", the words "two years, or with fine which may extend to five thousand rupees" shall be substituted.
3. Amendment of Section 33 of Central Act 16 of 1927. - In the principal Act, in Section 33, in sub-section (1), -
(i) in clause (f), for the word "drags", the words "drags or removes" shall be substituted; and
(ii) for the words "six months, or with fine which may extend to five hundred rupees, or with both", the words "two years, or with fine which may extend to five thousand rupees, or with both." shall be substituted.
4. Amendment of Section 42 of Central Act 16 of 1927. - In the principal Act, in Section 42, in sub-section (1), for the words and signs "six months, or fine which may extend to five hundred rupees, or both.", the words and signs "two years, or fine which may extend to five thousand rupees, or with both." shall be substituted.
5. Amendment of Section 52 of Central Act 16 of 1927. - In the principal Act, in Section 52, for sub-section (2), the following sub-sections shall be substituted, namely :-
"(2) If a forest officer or police officer, 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 committed or is being committed, require the driver or any other person in- charge of such vehicle to stop the vehicle or cause such vehicle to remain stationary as long as may, reasonably be necessary, for examination of the contents in the vehicle and inspection of the records relating to the forest- produce, in possession of such driver or other person in-charge of the vehicle or any other person in the vehicle.
(3) Every officer seizing any property under this section, shall place on such property a mark indicating that the same has been so seized and shall, as soon as may be, either,-
(a) produce such property before an officer, not below the rank of the Divisional Forest Officer concerned, authorized by the State Government in this behalf by notification in the Official Gazette (hereinafter referred to as the Authorized Officer); or
(b) where due to quantity or bulk of such property or any other genuine difficulty, it is not practicable to produce it before the Authorized Officer, shall make a report of such seizure to the Authorized Officer; or
(c) where it is intended to launch criminal proceeding against the offender immediately, make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which, the seizure has been made :
Provided that it shall not necessary to make a report of such seizure to the Magistrate in the following cases, namely :-
(i) when the forest produce with respect to which, such offence is believed to have been committed, is the property of the State Government and the offender is unknown. In such a situation, it shall be sufficient to make a report of the circumstances to the Authorised Officer;
(ii) when the offender agrees in writing to get the offence compounded as provided in Section 68 of this Act; and
(iii) when the offence falls under the purview of Section 52-A.".