52. (1) When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce, together with all tools, ¹[vessels], vehicles or cattle used in committing any such offence, may be seized by any Forest-officer or Police-officer ²[or any other officer authorized in this behalf by or under any other law inforce]. ³[(1a) Every officer other than a Forest-officer seizing any property under this section shall hand over all the seized property mentioned under sub-section (1) along with the accused to the nearest forest-office for further legal proceedings:Provided that police-officers need not hand over the accused to the nearest forest-office but shall inform such forest-office of the arrest.] (2) 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, 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, when the forest-produce with respect to which such offence is believed to have been committed is the property of Government, and the offender is unknown, it shall be sufficient if the officer makes, as soon as may be, a report of the circumstances to his official superior.

53. Any Forest-officer of a rank not inferior to that of a Ranger who, or whose subordinate, has seized any tools, ⁴[vessels], vehicles or cattle under section 52, may release the same on the execution by the owner thereof of a bond for the production of the property so released, if and when so required, before the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.

54. Upon the receipt of any such report, the Magistrate shall, with all convenient dispatch, take such measures as may be necessary for the arrest and trial of the offender and the disposal of the property according to law.

55. (1) All timber or forest-produce which is not the property of Government and in respect of which a forest-offence has been committed, and all tools, boats, vehicles and used in committing any forest-offence, shall be liable to confiscation.(2) Such confiscation may be in addition to any other punishment prescribed for such offence.

56. When the trial of any forest-offence is concluded, any forest-produce in respect of which such offence has been committed shall, if it is the property of Government or has been confiscated, be taken charge of by a Forest-officer, and, in any other case, may be disposed of in such manner as the Court may direct.

57. 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 Forest-officer, or to be made over to the person whom the Magistrate deems to 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 with out hearing the person, if any, claiming any right thereto, and the evidence, if any, which he may produce in support of his claim.

58. The Magistrate may, notwithstanding anything herein before contained, direct the sale of any property seized under section 52 and 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.

59. The officer who made the seizure under section 52, or any of his official superiors, or any person claiming to be interested in the property so seized, may, within one month from the date of any order passed under section 55, section 56 or section 57, appeal therefrom to the Court to which orders made by such Magistrate are ordinarily appealable, and the order passed on such appeal shall be final.

60. When an order for the confiscation of any property has been passed under section 55 or section 57, as the case may be, and the period limited by section 59 for an appeal from 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 or such portion thereof, as the case may be, shall vest in the Government free from all incumbrances.

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

62. Any Forest-officer or Police-officer who vexatiously and unnecessarily seizes any property on pretence of seizing property liable to confiscation under this Act shall be punishable with imprisonment for a term which may extend to ⁵[one year and shall not be less than one month and shall also be liable to fine which may extend to ten thousand Taka and shall not be less than two thousand Taka].

⁶[63A. Notwithstanding anything contained in any other law for the time being in force, a forest-offence punishable under sub-section (1A) of section 26, sub-section (1A) of section 33 and section 63 shall be non-bailable.]

63. Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful gain as defined in the ⁷[Penal Code] -(a) knowingly counterfeits upon any timber or standing tree a mark used by Forest-officers to indicate that such timber or tree is the property of the Government or of some person, or that it may lawfully be cut or removed by some person; or(b) alters, defaces or obliterates or obliterates any such mark placed on a tree or on timber by or under the authority of a Forest-officer; or(c) alters, moves, destroys or defaces any boundary-mark of any forest or waste-land to which the provisions of this act are applied,shall be punishable with imprisonment for a term which may extend to ⁸[seven years and shall not be less than two years and shall also be liable to fine which may extend to fifty thousand Taka and shall not be less than ten thousand Taka].

64.(1) Any Forest-officer or Police-officer may, without orders from a Magistrate and without a warrant, arrest any person against whom a reasonable suspicion exists of his having been concerned in any forest-offence punishable with imprisonment for one month or upwards.(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond take or send the person arrested before the Magistrate having jurisdiction in the case, or to the officer in charge of the nearest police-station.(3) Nothing in this section shall be deemed to authorize such arrest for any act which is an offence under Chapter IV unless such act has been prohibited under clause(c) of section 30.

65. Any Forest-officer of a rank not inferior to that of a Ranger, who, or whose subordinate, has arrested any person under the provision of section 64, may release such person on his executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the officer-in-charge of the nearest police-station ⁹[:Provided that nothing in this section shall apply in a case where the person arrested is suspected of having committed any non-bailable offence under this Act.]

66. Every Forest-officer and Police-officer shall prevent, and may interfere for the purpose of preventing, the commission of any forest-offence.

67. The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the Government may try summarily, under the Code of Criminal Procedure, 1898, any forest-offence punishable with imprisonment for a term not exceeding ¹⁰[two years], or fine not exceeding ¹¹[ten thousand] Taka, or both.

¹²[67A. (1) The Government may, by notification in the official Gazette, appoint one or more Magistrate of the First Class to serve as a Forest magistrate to try offences exclusively under this Act, and also specify the territorial jurisdiction of such Magistrate.(2) Notwithstanding anything contained in any other law in force, such Forest Magistrate shall have authority to impose any penalty specified under this Act.]

68. (1) The Government may, by notification in the official Gazette, empower a Forest-officer ¹³[not inferior to that of a Ranger] -(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 ¹⁴[section 26 (1A) or section 33 (1A) or] section 62 or section 63, a sum of money by way 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 ¹⁵[and verified by another officer not below to the rank of a Divisional Forest Officer].(2) On the payment of such sum of money, or such value, of 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) [Omitted by section 29 of the Forest (Amendment) Act, 1990 (Act No. VIII of 1990).]

69. When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest-produce is the property of the Government, such produce shall be presumed to be the property of the Government until the contrary is proved.

¹⁶[69A. Notwithstanding anything contained in any other law for the time being in force, the Government may empower any Forest-officer not inferior to that of a Deputy Ranger to appear, plead and conduct the prosecution on behalf of the Government before any Court in any case where a forest-offence is under trial.]