Section 41 in The Jammu and Kashmir Forest Act, 1987 (1930 A.D.)
41. [ Investment of powers to Forest Officers. [Substituted by Act XXIV of 1997, Section 26.]
- [(1)] The Forest Officers are invested with the following powers, that is to say :-](a)powers 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 provisions of the Code of Criminal Procedure, Samvat 1989 ] [Inserted by Act XXIV of 1997, section 26.]:Provided that powers under clauses (b) and (c) shall not be exercised by a Forest Officer below the rank of a [Range Officer] [Substituted by Act XXIV of 1997 for the words 'Forest Ranger'.] :[Provided further that the powers under clause (d) shall not be exercised by a Forest Officer below the rank of a Divisional Forest Officer.] [Inserted by Act XXIV of 1997, Section 26.](2)Any evidence recorded under clause (c) of sub-section (1) shall be admissible in any subsequent trail before a [Judicial Magistrate] [Substituted by Act XL of 1966 for 'Magistrate'.]; provided 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 the Forester if the offence is compoundable under section 38 of this Act.] [Inserted by Act XXIV of 1997, Section 26.]
