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The Indian Forest Act

57Procedure when offender not known, or cannot be found

When the offender is not known or cannot be found, the Magistrate may, if he finds that an offence has been committed, order the property in respect of which the offence has been committed to be confiscated and taken charge of by the Forestofficer or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that no such order shall be made until the expiration of one month from the date of seizing such property, or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.

STATE AMENDMENT

Maharashtra

Amendment of section 57 of Act 16 of 1927.--In section 57 of theprincipal Act, for the word forfeited the word confiscated shall be substituted.

[Vide Maharashtra Act 21 of 2015, s. 8].

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).--

Section 57.--For section 57, substitute the following section, namely:--

"57. Procedure when the offender is not known or cannot be found.-- When the offender is not known or cannot be found the Magistrate may, if he finds that an offence has been committed, but subject to section 52B, order the property in respect of which offence has been committed, to be confiscated or forfeited together with all tools, arms, boats, carts, equipment, ropes, chains, machines, vehicles, cattle or any other article used in committing the offence, and taken charge of by the Forest officer, or to be made over to the person whom the Magistrate deems to be entitled to the same:

Provided that, no such order shall be made until the expiration of one month from the date of seizing such property or without hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim."

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).]

Uttar Pradesh

Amendment of section 57--In section 57 of the principal Act, for the words "The Magistrate may" the words "the Magistrate, subject to section 52-D may." shall be substituted.

[Vide Uttar Pradesh Act 1 of 2001, s. 10]

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