Powers of forest officers

(1) The Minister may from time to time by Order empower a forest officer by name, or as holding an office– (a) to accept from any person against whom a reasonable suspicion exists that he has committed any forest offence, the maximum fine which may be imposed therefor does not exceed two thousand dollars, a sum of money which shall in no case exceed two thousand dollars, by way of compensation for the offence which such person is suspected to have committed; (b) to seize any forest produce in respect of which there is reason to believe that a forest offence has been committed. A report of such seizure shall be made without avoidable delay to the magistrate; (c) to release any forest produce seized under paragraph (b) or under section 24, either on payment of the value thereof as estimated by such officer, or on the execution by the owner thereof of a bond for the production of the property so released, if and when so required before the magistrate or, if the offence is compoundable under paragraph (a), before an officer empowered under that paragraph to accept compensation; (d) to have the powers of a justice of the peace to release any person arrested under section 10 of this Act upon such person entering into recognisance; (e) to enter upon any land for the purpose of topographical survey or forest reconnaissance, but– (i) notice shall be given not less than seven days prior to such entry either by publication in the Gazette or by written intimation to the owner of such lands; and (ii) no action shall lie against any forest officer so authorised in respect of anything done bona fide in connection with such survey or reconnaissance on the land of any person; (f) to hold an inquiry into forest offences and, in the course of such inquiry, to receive and record evidence. 15 (2) Nothing contained in paragraph (e) shall debar the lawful claim of any person for compensation for any damage actually sustained. (3) Any evidence recorded under paragraph (f) shall be admissible in any subsequent trial before a magistrate if, and only if, it has been taken in the presence of the accused person. (4) Nothing contained in this Act shall be construed to prevent any forest officer empowered under paragraph (a) to compound forest offences, or any other officer empowered in this behalf by the Minister, from directing at any time the immediate release of any property seized under paragraph (b) if such release is ordered before the property is made an exhibit in the magistrate’s court, and the withdrawal of any charge made in respect of such property.