§ 8 — Additional orders upon conviction

8.—(1) Without limiting section 359 of the Criminal Procedure Code 2010, the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to pay, in addition to any fine imposed for the offence, to the Authority as agent of the Government —(a)

the value of any substance removed from the State land;

(b)

the value of any forest products taken from the State land or damaged or destroyed;

(c)

the costs and expenses incurred by the Authority or an authorised officer in connection with —(i)

prevention, control, abatement or mitigation of any damage to the State land caused by the commission of the offence; or

(ii)

making good any resulting damage to the State land;

(d)

compensation for any loss or damage suffered by the Government by reason of the commission of the offence; or

(e)

the costs and expenses incurred by an electricity licensee, a gas licensee or the Public Utilities Board in complying with an order of court under subsection (4)(a), (b) or (c), as applicable.

(2) Any sum ordered to be paid under subsection (1) may be recovered in the manner provided for the recovery of fines by the Criminal Procedure Code 2010.

(3) In addition to subsection (1), the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to take such steps, and within such time, as is so specified in order —(a)

to prevent, control, abate or mitigate any damage to the State land caused by the commission of the offence;

(b)

to make good any resulting damage to the State land;

(c)

to prevent the continuance or recurrence of the offence, such as —(i)

to leave the State land which is the subject of the offence;

(ii)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; or

(iii)

to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste, goods or other thing (whether or not of a similar kind); or

(d)

to do a combination of anything in paragraphs (a), (b) and (c).

(4) In addition to subsections (1) and (3), the court before which any person is convicted or found guilty of an offence under section 5 with respect to any State land may order all or any as follows despite any agreement made for the supply of electricity, gas or water:(a)

order an electricity licensee to discontinue the supply of electricity to that person with respect to the State land;

(b)

order a gas licensee to disconnect or divert the supply of gas to that person with respect to the State land;

(c)

order the Public Utilities Board to stop, divert or turn off the supply of water by severing or disconnecting any pipe or other work through which water is supplied to that person with respect to the State land.

(5) No criminal or civil liability shall be incurred by —(a)

an electricity licensee, a gas licensee or the Public Utilities Board; or

(b)

any person acting on behalf of the electricity licensee, gas licensee or Public Utilities Board,

in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the electricity licensee, gas licensee or Public Utilities Board (as the case may be) under an order of the court mentioned in subsection (4)(a), (b) or (c).

(6) In this section —“electricity licensee” has the meaning given by the Electricity Act 2001;

“gas licensee” has the meaning given by the Gas Act 2001.

—(1) Without limiting section 359 of the Criminal Procedure Code 2010, the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to pay, in addition to any fine imposed for the offence, to the Authority as agent of the Government —(a)

the value of any substance removed from the State land;

(b)

the value of any forest products taken from the State land or damaged or destroyed;

(c)

the costs and expenses incurred by the Authority or an authorised officer in connection with —(i)

prevention, control, abatement or mitigation of any damage to the State land caused by the commission of the offence; or

(ii)

making good any resulting damage to the State land;

(d)

compensation for any loss or damage suffered by the Government by reason of the commission of the offence; or

(e)

the costs and expenses incurred by an electricity licensee, a gas licensee or the Public Utilities Board in complying with an order of court under subsection (4)(a), (b) or (c), as applicable.

(2) Any sum ordered to be paid under subsection (1) may be recovered in the manner provided for the recovery of fines by the Criminal Procedure Code 2010.

(3) In addition to subsection (1), the court before which any person is convicted or found guilty of an offence under section 5 in relation to any State land may order that person to take such steps, and within such time, as is so specified in order —(a)

to prevent, control, abate or mitigate any damage to the State land caused by the commission of the offence;

(b)

to make good any resulting damage to the State land;

(c)

to prevent the continuance or recurrence of the offence, such as —(i)

to leave the State land which is the subject of the offence;

(ii)

to demolish or remove any structure erected on, under or over the State land, and to dispose of the structure and any resulting debris from the demolition; or

(iii)

to remove from the State land any vehicle or vessel (or part thereof), animal (dead or alive), waste, goods or other thing (whether or not of a similar kind); or

(d)

to do a combination of anything in paragraphs (a), (b) and (c).

(4) In addition to subsections (1) and (3), the court before which any person is convicted or found guilty of an offence under section 5 with respect to any State land may order all or any as follows despite any agreement made for the supply of electricity, gas or water:(a)

order an electricity licensee to discontinue the supply of electricity to that person with respect to the State land;

(b)

order a gas licensee to disconnect or divert the supply of gas to that person with respect to the State land;

(c)

order the Public Utilities Board to stop, divert or turn off the supply of water by severing or disconnecting any pipe or other work through which water is supplied to that person with respect to the State land.

(5) No criminal or civil liability shall be incurred by —(a)

an electricity licensee, a gas licensee or the Public Utilities Board; or

(b)

any person acting on behalf of the electricity licensee, gas licensee or Public Utilities Board,

in respect of anything done or omitted to be done with reasonable care and in good faith in the discharge or purported discharge of the obligations of the electricity licensee, gas licensee or Public Utilities Board (as the case may be) under an order of the court mentioned in subsection (4)(a), (b) or (c).

(6) In this section —“electricity licensee” has the meaning given by the Electricity Act 2001;

“gas licensee” has the meaning given by the Gas Act 2001.