(1) The 1 [State Government] may invest any Forest-officer with all or any of the following powers, that is to say:—
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
(c) power to issue a search-warrant under the Code of Criminal Procedure, 1898 (5 of 1898); and
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.
(d) power to hold an inquiry into forest-offences, and, in the course of such inquiry, to receive and record evidence.
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, provided that it has been taken in the presence of the accused person.
(1. Subs. by the A.O. 1950, for “Provincial Government”)
Jammu and Kashmir and Ladakh (UTs).—
Section 72.-For section 72, substitute the following section, namely;
(1) The forest officers shall have the following powers, namely:-
(a) power to enter upon any land and to survey, demarcate and make a map of the same.
(b) the powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
(c) power to hold an inquiry into forest offences and in the course of such inquiry, to receive and record evidence; and
(d) power to issue search warrants under the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that powers under clause (b) and (c) shall not be exercised by a forest officer below the rank of a Range Officer:
Provided further that the powers under clause (d) shall not be exercised by a forest officer below the rank of a Divisional Forest Officer.
(2) Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate, if that it has been taken in the presence of the accused person.
(3) Any forest officer not below the rank of a Range Officer may delegate his powers of inquiry to an officer of the rank of Forester if the offence is compoundable under section 68 of this Act.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
All Forest-officers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860).
No suit shall lie against any public servant for anything done by him in good faith under this Act.
Jammu and Kashmir and Ladakh (UTs).—
Section 74.-For section 74, substitute the following section, namely:-
(1) No suit, prosecution or other legal proceedings shall lie against any public servant for anything done in good faith or omitted to be done likewise, under this Act or the rules or orders made thereunder.
(2) No Court shall take cognizance of any offence alleged to have been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the Government of Union territory of Jammu and Kashmir.
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020).]
Except with the permission in writing of the 1 [State Government], no Forest-officer shall, as principal or agent, trade in timber or other forest-produce, or be or become interested in any lease or any forest or in any contractfor working any forest, whether in or outside 2 [the territories to which this Act extends].
