Section 61: Saving of power to release property seized.

Nothing hereinbefore contained shall be deemed to prevent any officer empowered in this behalf by the State Government from directing at any time the immediate release of any property seized under section 52.

STATE AMENDMENTS Maharashtra Amendment of section 61A of Act XVI of 1927.—In section 61A of the principal Act,—

(a) for sub-section (3), the following sub-section shall be substituted:— “(3) Where any timber, sandalwood, firewood, charcoal or any other notified forest-produce, which is the property of the State Government, is seized under sub-section (1) of section 52, or any such forest-produce is produced before any authorised officer under sub-section (1) and he is satisfied that a forest-offence has been committed in respect of such forest-produce, notwithstanding whether or not a prosecution is instituted for the commission of such offence, such authorised officer shall order the forest- produce so seized to be taken charge of by a Forest-officer, and may order confiscation of all tools, boats, vehicles and cattles used in committing such offence.”;

(b) in sub-section (4),—

(i) for clause (a), the following clause shall be substituted, namely:— “(a) where the authorised officer, after passing an order of confiscation under sub-section (3), is of the opinion that it is expedient in the public interest so to do, he may order sale of all confiscated tools, boats, vehicles and cattles.”; (ii) in clause (b),—

(1) the words “property or the” shall be deleted;

(2) for the word “auction” the word “sale” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 10]. Amendment of section 61B of Act 16 of 1927.—In section 61B of the principal Act,—

(a) in sub-section (1), the words “any timber, sandalwood, firewood, charcoal or any other notified forest-produce,” shall be deleted;

(b) after sub-section (2), the following sub-section shall be added, namely:— “(3) When the offender or the owner of any tool, boat, vehicle or cattle seized under, sub-section (1) of section 52 is not known or cannot to found, and the authorised officer is satisfied that the same has been used in committing a forest-offence in respect of timber, fire-wood, sandalwood, charcoal or any other notified forest-produce which is the property of the State Government, notwithstanding anything contained in the foregoing provisions, the authorised officer may pass order in accordance with the provisions contained in section 61A:

Provided that, no such order shall be made until the expiration of a period of thirty days form the date of seizing such property or without hearing the person claiming any right thereto.”. [Vide Maharashtra Act 21 of 2015, s. 11]. Substitution of section 61F of Act 16 of 1927.—For section 61F of the principal Act, the following section shall substituted, namely:— 61F. Property etc. confiscated when to vest in Government.—When an order for confiscation of any property has been passed under section 61A or section 61C, and the period of limitation provided by section 61D for filing an appeal against such order has elapsed, and no such appeal has been preferred or when on such an appeal being preferred, the Appellate Court confirms such order in respect, of the whole or a portion of such property, such property of such portion thereof, or if it has been sold under section 58 or under clause (a) of sub-section (4) of section 61A, the sale proceeds thereof, as the case may be, shall vest in the State Government free from all encumbrances.”. [Vide Maharashtra Act 21 of 2015, s. 12]. Amendment of section 61G of Act 16 of 1927.—In section 61G of the principal Act, for the word “offence” the words “forest-offence in respect of such property” shall be substituted. [Vide Maharashtra Act 21 of 2015, s. 13].