Section 38. Penalties.

A person proved to the satisfaction of an Assistant Collector not below the rank of a Tehsildar to have done any act 1[prohibited by section 35-A, 36 or 37] shall be liable to a fine which may extend to 2[rupees five hundred and the wood of the trees so felled from 3[Union territory of Jammu and Kashmir] or private land shall be confiscated] and also be liable to make good to the 3[Union territory of Jammu and Kashmir] any loss or damage caused by such act : Provided that, a person who has been fined under this section shall not be prosecuted under the Criminal Law for the same act and a person who has been punished under the Criminal Law for any act 1[prohibited by section 35- A, 36 or 37] shall not be liable to a fine under this section. Such loss or damage shall be assessed by the Assistant Collector and the amount may be recovered from the person held liable as if the same were arrears of the land revenue.