IF Act 58Chapter IX · Penalties and Procedure
Section 58 · Procedure as to perishable property seized under section 52
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The Magistrate may,
notwithstanding anything hereinbefore 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.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).--
Section 58.--For section 58, substitute the following section, namely:--
58. Procedure as to perishable property seized under section 52. -- The Authorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore 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 had it not been sold.
[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 58--Ins section 58 of the principal Act, for the words "The Magistrate may, notwithstanding anything hereinbefore contained," the words "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the Magistrate may," shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 11]
Uttarakhand.--
Amendment of section 58.--In section 58 of the principal Act for the words "The Magistrate may, notwithstanding anything herein before contained," the words, "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the magistrate may" Shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 11]
Maharashtra.--
Substitution of section 58 of Act XVI of 1927.--For section 58 of the principal Act, the following section shall be substituted namely:--
"58. Procedure as to perishable 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 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 and shall report about every such sale to his official superior.".
[Vide Maharashtra Act VII of 1985, s. 13]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).--
Section 58.--For section 58, substitute the following section, namely:--
58. Procedure as to perishable property seized under section 52. -- The Authorised Officer under sub-section (2) of section 52, or the Magistrate may, notwithstanding anything hereinbefore 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 had it not been sold.
[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 58--Ins section 58 of the principal Act, for the words "The Magistrate may, notwithstanding anything hereinbefore contained," the words "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the Magistrate may," shall be substituted.
[Vide Uttar Pradesh Act 1 of 2001, s. 11]
Uttarakhand.--
Amendment of section 58.--In section 58 of the principal Act for the words "The Magistrate may, notwithstanding anything herein before contained," the words, "Notwithstanding anything hereinbefore contained, but subject to sub-section (3) of section 52-A, the magistrate may" Shall be substituted. [Vide Uttarakhand Act 10 of 2002, s. 11]
Maharashtra.--
Substitution of section 58 of Act XVI of 1927.--For section 58 of the principal Act, the following section shall be substituted namely:--
"58. Procedure as to perishable 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 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 and shall report about every such sale to his official superior.".
[Vide Maharashtra Act VII of 1985, s. 13]
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