Court may assess and order payment of damages

(1) When any offender has been convicted of a forest offence the court may in addition to any other penalty assess the amount of any damage which may have been caused by such offender and cause it to be recovered in like manner as if it were a fine or in the case of unauthorised establishments, buildings, enclosures, huts or standing crops on national land may order their removal within such period as may be fixed and the restoration of the places as nearly as possible to their previous condition. (2) Where such removal has not been effected within the period fixed as mentioned in sub-section (1), all such establishments, buildings, enclosures, huts or standing crops shall become the property of the Government and may be 19 disposed of by the Chief Forest Officer, with the approval of the Minister, in such manner as may be considered proper. (3) Where the person convicted of the offence committed it as the agent or servant of another person, the court before which he is convicted may, unless after hearing that other person it is satisfied that the offence was not a consequence of his instigation or of any neglect or default on his part, order him, instead of the person who committed the offence, to pay the amount of damage assessed in accordance with sub-section (1).