Section 62 Telangana Forest Act: Government may invest forest officers with certain powers

Section 62: Government may invest forest officers with certain powers

How current this text is

Text as published by India Code for the Government of Telangana (Environment, Forests, Science and Technology Department): the Andhra Pradesh Forest Act, 1967 as in force in the combined State on 2 June 2014, adapted to Telangana under section 101 of the Andhra Pradesh Reorganisation Act, 2014 by G.O.Ms.No.22, E.F.S&T (For.I) Department, dated 13.05.2015, with amendments up to Act No.35 of 1997.

Amendments made by Andhra Pradesh after 2 June 2014, such as the Andhra Pradesh Forest (Amendment) Act, 2016, do not apply in Telangana and are not in this text.

Chapter IIIA (sections 28A to 28G, Preservation of Private Forests) applies only in the Scheduled Areas and is not part of this India Code text; it is printed in the 2012 text of the Andhra Pradesh Forest Act hosted by the Telangana Forest Department, and the Telangana Preservation of Private Forest Rules, 1978, made under section 28-G for the scheduled areas, were adopted in Telangana by G.O.Ms.No.22 of 13.05.2015; the instrument that inserted the chapter has not been identified.

(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 Ranger with all or any of the following powers, namely:-

(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 abridge the right of any person in or over the land;

(ii) to hold enquiries into forest offences, and in the course of such enquiries to receive and record evidence;

(iii) to accept compensation for forest offences under section 59;

(b) The Government may by notification invest any forest officer not below the rank of ¹[a Forest Range Officer] 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 ²[Code of Criminal Procedure, 1898].

(2) The Government may, in like manner, withdraw any powers invested under sub-section (1).

(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 ³section 355, section 356 or section 357 of the Code of Criminal Procedure, 1898.

Footnotes in the official text

1.Substituted by Act No.35 of 1997.
2.See now the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)
3.See now section 274, section 275 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).