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The Indian Forest Act

68Power to compound offences

(1)The 1[State Government] may, by notification in the2[Official Gazette], empower a Forest officer--

(a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest-offence, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence which such person is suspected to have committed, and

(b) when any property has been seized as liable to confiscation, to release the same on payment of the value thereof as estimated by such officer.

(2) On the payment of such sum of money, or such value, or both, as the case may be, to such officer, the suspected person, if in custody, shall be discharged, the property, if any seized shall be released, and no further proceedings shall be taken against such person or property.

(3) A Forest-officer shall not be empowered under this section unless he is a Forest-officer of a rank not inferior to that of a Ranger and is in receipt of a monthly salary amounting to at least one hundred rupees, and the sum of money accepted as compensation under clause (a) of sub-section (1) shall in no case exceed the sum of fifty rupees.

STATE AMENDMENT

Maharashtra

Amendment of section 68 of Act 16 of 1927. --In section 68 of the principal Act,--

(a) in sub-section (1), --

(1) in clause (a), --

(i) after the words "other than an offence specified in" the words, brackets and figures "sub-section (4) of section 26 or" shall be inserted;

(ii) for the words "payment of a sum of money or, at his discretion, an undertaking in writing to pay a sum of money," the words "payment of a sum of money" shall be substituted.

(2) in clause (b), for the words "on payment of, or at his discretion, on acceptance of an undertaking in writing to pay," the words "on payment of" shall be substituted.

(b) in sub-section (2), for the words "payment of, or on acceptance of an undertaking in writing to pay, "the words "payment of," shall be substituted.

(c) in sub-section (3), for the words "five hundred rupees" the words "five thousand rupees" shall be substituted.

[Vide Maharashtra Act 21 of 2015, s. 18].

STATE AMENDMENT

Jammu and Kashmir and Ladakh (UTs).--

Section 68.--For section 68, substitute the following section, namely:--

68. Power to compound offences.- (1) The Government may, by notification in the Official Gazette, empower any forest officer not below the rank of Assistant Conservator of Forests-

(a) to accept from any person against whom a reasonable suspicion exists, that he has committed any forest offence involving damage not exceeding fifty thousand rupees, other than an offence specified in section 62 or section 63, a sum of money by way of compensation for the offence, which such person is suspected to have committed:

Provided that the sum of money accepted by way of compensation shall in no case be less than double the amount involved in the loss caused by such offence; and

(b) when any property has been seized as liable to confiscation, release the same on payment of the value thereof, in addition to the compensation referred to in clause (a) of this subsection, as estimated by such officer.

(2) On the payment of such compensation and such value, to such officer, the suspected person if in custody, shall be discharged, the property, if any, seized shall be released, and no further proceedings shall be taken against such person or property.

[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).]

Tripura.--

Amendment of Section 68(3).--In sub-section (3) of section 68 of Principal Act, for the words "hundred rupees" and the words "fifty rupees" the words "one thousand five hundred rupees" and "five thousand rupees" respectively shall be substituted.

[Vide Tripura Act 5 of 1991, s. 3]

Uttar Pradesh

Amendment of section 68--

(i) the words "and is in receipt of a monthly salary amounting to at least one hundred rupees" shall be omitted;

(ii) for the words "fifty rupees" the words "five thousand rupees for the first offence and for second subsequent offence of the same nature shall not be less than five thousand rupees or more than ten thousand rupees" shall be substituted.]

[Vide Uttar Pradesh Act 1 of 2001, s. 16]

Amendment of Sections 68 of Act XVI of 1927-- In sub-section (3) of Section 68 of the principal Act, for the word "fifty" the words "five hundred" shall be substituted.

[Vide Uttar Pradesh Act XXI of 1960, s. 8]

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1. Subs. by the A.O. 1950, for "Provincial Government".

2. Subs. by the A.O. 1937, for "Local Official Gazette".

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