INDIAN FOREST (GOA AMENDMENT) ACT, 1988

Act No. 15 of 1989

17th July, 1989

AN ACT further to amend the Indian Forest Act, 1927. Be it enacted by the Legislative Assembly of Goa in the Thirty-eighth Year of the Republic of India as follows:--

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S.1 Short title and commencement

(1) This Act may be called the Indian Forest (Goa Amendment) Act, 1988.

(2) It shall come into force at once.

S.2 Amendment of section 41

In the Indian Forest Act, 1927 (Central Act 16 of 1927) (hereinafter referred to as the "principal Act") in section 41,--

(i) in clause (h), after the words "sawpits", the words "saw mills and sawing contrivances" shall be inserted;
(ii) after clause (h), the following clause, shall be inserted, namely:-- "(ha.)--regulating by grant of licences within specified limits, the converting or cutting of timber in a saw mill and sawing contrivances and prescribe fees and conditions subject to which such licences may be granted".

S.3 Amendment of section 42

In the principal Act, in section 42, for the words "six months" and "five hundred rupees", the words "one year" and "one thousand rupees", shall be substituted, respectively.

S.4 Amendment of section 51

In section 51 of the principal Act,--

(i) in sub-section (1), after clause (d), the following clause shall be inserted, namely:-- 1[(e) omitted]
(ii) in sub-section (2), for the words "six months" and "five hundred rupees", the words "one year" and "one thousand rupees" shall be substituted, respectively.

1. Clause "e" omitted by (Goa Act No. 2 of 1990) (5-3-1990). Original clause read as follow: "any other matter which is to be, or may be, prescribed or in respect of which provision is to be or may be, made by rules"

S.5 Amendment of section 52

In the principal Act, in section 52.--

(i) in sub-section (1), for the words "or cattle" the figures and words, "cattle, vehicles or any contrivances used" shall be substituted;
(ii) after sub-section (1), the following sub-section shall be inserted namely:-- "(1A) Any Forest Officer or police officer may, if he has reason to believe that a vehicle or cart has been or is being used for the transport of forest produce in respect of which there is a reason to believe that a forest offence has been or is being committed, require the driver or other person in charge of such vehicle or cart to stop the vehicle or cart and cause it to remain stationary as long as may reasonably be necessary to examine the contents in the vehicle or cart and inspect all records relating to the forest produce carried, which are in the possession of such driver or other person in charge of the vehicle or cart or any other person in the vehicle or cart";
(iii) for sub-section (

S.6 Amendment of section 53

In section 53 of the principal Act, for the words and figures "or cattle under section 52, may release", the words, figures and letters "vehicle, cattle, or any other contrivance under section 52, may, subject to the provision of section 61G release" shall be substituted.

S.7 Amendment of section 56

In section 56 of the principal Act,--

(i) for the words "has been confiscated", the words "has been forfeited" shall be substituted;
(ii) for the words "in any other case, may be disposed", the words, figures and letters "in any other case may, subject to provisions of section 61G, be disposed" shall be substituted.

S.8 Amendment of section 57

In section 57 of the principal Act,--

(i) after the words "that an offence has been committed", the words, figures and letters "subject to the provisions of section 61G", shall be inserted;
(ii) for the words "to be confiscated", the words and figures "to be forfeited to the Government together with tools, boats, vehicles, carts or cattle and other articles used in committing the offence" shall be substituted;
(iii) for the words "one month", the figures and words "45 days" shall be substituted.

S.9 Amendment of section 58

For section 58 of the principal Act, the following section shall be substituted, namely:--

"58. Procedure as to perishable property seized under section 52.-- The Forest Officer who made the seizure under section 52 may, notwithstanding anything contained in this Act or any other law, sell the property if it is subject to speedy and natural decay, and may deal with the proceeds as he would have dealt with such property if it had not been sold and shall report every such sale to his superior officer".

S.10 Amendment of section 59

In section 59 of the principal Act, for the words "one month", the words and figures "45 days" shall be substituted.

S.11 Amendment of section 60

In section 60 of the principal Act, for the word "confiscation", the words 1[confiscation or forfeiture] shall be substituted.

1. Substituted in place of ward "forfeiture" by (Goa Act No. 2 of 1990) (5-3-1990).

S.12 Amendment of section 61

In section 61 of the principal Act, for the words and figures "under section 52", the words and figures "under section 52 which is not the property of the Government and the withdrawal of any charge made in respect of such property", shall be substituted.

S.13 Insertion of new sections 61A, 61B, 61C, 61D, 61E, 61F and 61G

After section 61 of the principal Act, the following sections shall be inserted, namely:--

"61A. Confiscation by Forest Officer in certain cases.--

(1) Notwithstanding anything contained in the foregoing provisions of this chapter or any other law for the time being in force, where a forest offence is believed to have been committed in respect of forest produce which is the property of the 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, vehicles, carts and cattle used in committing such offence before an officer authorized by the 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 "authorized officer).

(2) Where an authorized officer seizes under sub-section (1) of section 52, any forest produce which is the property of the

S.14 Amendment of section 62

For section 62 of the principal Act, the following section shall be substituted, namely:--

62. Punishment for wrongful seizure.--

(1) Any Forest Officer or Police Officer who vexatiously and unnecessarily seizes any property 1[on pretence of seizing property] liable to forfeiture under this Act, shall on conviction be punishable with imprisonment which may extend to six months or with fine which may extend to five hundred rupees, or with both.

(2) Any fine so imposed or any portion thereof shall, if the convicting Court so directs, be given as compensation to the person aggrieved by such seizure.

1. Inserted by (Goa Act No. 2 of 1990) (5-3-1990).

S.15 Amendment of section 68

In section 68 of the principal Act,--

(i) in sub-section (1), after the words and figures The State Government may, the words and figures subject to such conditions as may be specified, shall be inserted;
(ii) in clause (a), for the words and figures any forest offence, the words and figures any forest offence 1[], shall be substituted and after the words a sum of money, the words and figures not exceeding ten thousand rupees, shall be inserted;
2[(iii) for clause (b), the following clause shall be substituted, namely:-- (b) When any property has been seized as liable to confiscation subject to the provision of section 61G, to release the same on payment of the value thereof as estimated by such officer.].
(iv) in sub-section (3), for the word fifty the words ten thousand shall be substituted.

1. The wards under this Act omitted by (Goa Act No. 2 of 1990) (5-3-1990)

2. Substituted by (Goa Act No. 2 of 1990) (5-3-1990).

S.16 Repeal and saving

(1) The Indian Forest (Goa Amendment) Ordinance, 1987 (Ordinance No. 1 of 1987), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing or action was done or taken.