Chapter IX POWERS OF FOREST OFFICERS

. Substituted by Act 15 of 2016, section 22. .

Government may invest forest officers with certain powers -(1) (a) The Government may, by notification and subject to such terms and conditions as may be specified therein, invest any forest officer not below the rank of a

1[Deputy Range Officer or Forester] with all or any of the following powers, namely:-

1. (i) to enter upon any land and to survey, demarcate and make a map of the same: Provided that no such demarcation shall take away or a bridge the right of any person in or over the land;
2. (ii) to hold enquiries into forest offences, and in the course of such enquiries to receive and record evidence;
3. (iii) to accept compensation for forest offences under section 59.

1. (b) The Government may, by notification, invest any forest officer, not below the rank of an Assistant Conservator of Forests with all or any of the following powers, namely:-
   • (i) power of a civil court to compel the attendance of witnesses and the production of documents and material objects;
   • (ii) to search or to issue a search warrant which may be executed in the manner provided in the Code of Criminal Procedure, 1898.

1. (2) The Government may, in like manner, withdraw any powers invested under sub-section (1).
2. (3) Any evidence recorded under item (ii) of clause (a) of sub-section (1) shall be admissible, in any subsequent trial of the alleged offender before a magistrate, if it has been taken in the presence of the accused person and recorded in the manner provided by section 355, section 356 or section 357 of the Code of Criminal Procedure, 1898.

1. (1) Notwithstanding anything contained in the code of Criminal procedure, 1973 (Central Act 2 of 1974)all offences under this Act shall be deemed to be cognizable within the meaning of that code.
2. (2) Notwithstanding anything contained in the code of Criminal Procedure, 1973 (Central Act 2 of 1974)all offences under this Act shall be non- bailable.
3. (3) No person accused of any offence aforesaid shall, if in custody, be released on application for bail or on his own bond unless the prosecution has been given an opportunity to oppose the application for such release.]

deemed to be public servants within the meaning of section 21 of the

Powers of entry and inspections- Any forest officer not below the rank of a Forester may, at any time

3[enter without warrant] and inspect any private forest or land within his jurisdiction for the purpose of ascertaining whether there has been contravention of any of the provisions of this Act and the rules made thereunder or for the purpose of securing compliance with any such provision.

Substituted by Act 15 of 2016, section 23. . New section inserted by Act 15 of 2016, section 24. . Substituted by Act 15 of 2016, section 25.

shall lie against any public servant for anything done or omitted to be done in good faith in pursuance of this Act.