Chapter-12

Chapter-12

Investigation of Offences and Procedures

55. Necessary Action to be Taken to Prevent Offences: If a person is suspected of attempting to commit any offence liable to punishment under this Act or if such
offence is being committed, any employee involved in the Forestry work or Police employee shall take measures to prevent such offence from being committed and for this purpose he/she may take all necessary actions including the use of necessary force.

56. Special Powers:

(1) The employee deputed to the protection of the Forest may shoot the offender under the knee in case a situation is occurred that any person obstructs within or outside the Forest Area to arrest the offender who is involved in the offences under this Act or any person assists the offender to make him/her escape even after his/her arrest and in the event without using the weapon his/her life is endangered in the course of apprehending the offender.
(2) The District Forest Officer or a Forest Officer or Forest Assistant designated by him/her may remove the harvest or dismantle the house or hut and confiscate the harvest irrespective of the fact that the land within the National Forest was cultivated or a house or hut was built-up on such land.
(3) Notwithstanding anything contained in Sub-section (2), the provision stipulated in that Sub-section shall not affect the penalty to be imposed under this Act.

57. Power to Search: (1) In case there is reasonable ground to believe that an offencepunishable under this Act has been committed, a Forest employee of at least upto the rank of Forest Assistant or Assistant Police Inspector rank may conduct search to any place.
(2) The person conducting search pursuant to Sub-section (1) shall search only serving notification to the owner of the place to be searched or the person immediately occupying the place about the reason of such search before entering into such place.
(3) The search to be conducted pursuant to Sub-section (1) should be carried out in the presence of at least two persons as witnesses.
(4) In case the search is to be conducted in a residential house and if any woman is in that house, information and reasonable time shall be given to get herself out of the house.
(5) Nothing contained in this Section shall be construed to have entitled the search employee to enter into a residential house from the moment of sun-set till
the sun rise. Explanation: For the purpose of this Section, the term “Place” includes a tent, a boat as well as vehicles of different categories.

58. Forest Products and Other Related Goods may be Impounded:

(1) Any employee involved in the Forestry work or Police employee may if there exists reliable ground to believe that this Act or the Rules framed thereunder have been violated in relation to Forest Products, impound such Forest Products and all Tools, boats, vehicles and Quadrupeds connected with such offence.
(2) The employee , who impounds pursuant to Sub-section (1) , shall have to issue a receipt to the owner containing particulars of such impounded goods and
submit a report to the Area Forest Office or District Forest Office as soon as possible by marking particular sign in such goods and measuring as well as examining them.
(3) The employee at least up to the rank of non-gazetted second class Forest Assistant may release the tools, weapons, boats, vehicles, Quadrupeds etc. except the Forest products impounded pursuant to Sub-section (1), after a bond furnishing the necessary guarantee signed by the owner of the goods or member of concerned
Village Development Committee or Municipality or local gentleman to the effect that such goods shall be presented on the prescribed day and at the prescribed place.

59. Power to Arrest without Warrant:

(1) Any Forest employee or Police employee may, if any person has committed or attempted to commit any offence to be punishable pursuant to this Act, arrest such person without warrant, if there is every likelihood on his/her escaping in case he/she is not arrested.

(2) The arresting employee shall have to produce the person arrested pursuant to Sub-section (1) before the adjudicating authority within twenty-four hours exclusive of the time required for the journey.
(3) In case, it is required to put into the custody to the arrested person for not completing the inquiry within twenty four hours of his/her arrest, the official involved into the inquiry shall present the detainee before the case Hearing Authority and shall only detain with his/her permission. While requesting for permission, on the charge against the detainee, ground thereof, reasons for to put him/her in the custody and details of the statement of the detainee shall be spelled out clearly.
(4) The case Hearing Authority may if so requested pursuant Sub- section (3), provide permission to put the detainee into the custody for a period not exceeding twenty five days as time to time if the inquiry is found satisfactory upon considering whether the inquiry is being conducted satisfactorily or not through analyzing the cancerned documents .

59A. Provision relating to submitting Material Evidence:

(1) The forest products seized in the offence pursuant to this Act or tools or instruments used in committing such offence shall be produced before the case Hearing Authority as the material evidence .
(2) Notwithstanding anything contained in Subsection (1), in case the forest products, tools equipment can not be produced to the case Hearing Authority as a material evidence, those material evidence shall be kept in the nearest forest office and the deed for the same, if so produced, shall be recognized as the submission of material evidence.
(3) Nothing contained in this Section shall refrain to the case Hearing Authority from sending an official (Dor) to the place where the material evidence is being placed and to proceed the case upon receiving a report from the official .

60. Investigation and Filing of the Cases:

(1) The investigation into cases relating to the offences to be punishable pursuant to this Act, shall be conducted by the employee at least upto the rank of non-gazetted second class Forest Assistant and he/she shall file the case to the adjudicating authority on behalf of the concerned
Forest Office.
(2) The advice of the Government lawyer shall have to be taken while filing the case pursuant to Sub-section (1).
61. Government of Nepal to be Plaintiff: Government of Nepal shall be the plaintiff
in all cases under this Act.

62. Action to be Taken if the Owner of the Impounded Forest Products, Tools, Weapons, Boats, Vehicles and Quadruped are not Traced Out: If the owner of
the goods relating to the offences to be punished pursuant to this Act could not be found out, the investigating employee shall have to affix a notice at a conspicuous
place prescribing a period of seven days for the copartner of the owner of the impounded goods, if any, stating him/her to come to file his/her claim. If a claim
of any person is filed upon the goods, it shall have to be submitted to the adjudicating authority for the decision. If a claim upon the goods is not filed or no claim is proved to be valid by the adjudicating authority, such goods shall accrue to Government of Nepal.

63. Perishable Goods and Quadrupeds may be Sold: The District Forest Officer may sell by auction any perishable goods or the goods to which protection cannot
be given and Quadruped seized in relation to the offences to be punishable under this Act bringing such goods and Quadruped to the nearest Forest Office or safe
place. The amount received from such auction sale shall be deposited subject to action to be decided upon subsequently.

64. Provisions Relating to Proceedings:

(1) In case the evidence received then and there shows that any person arrested under this Act is guilty of any offence on a charge relating to Forest to be punishable for a period of one year or more imprisonment or in case there seems to be a reasonable ground to believe from such evidence that he is guilty, such accused shall be kept in detention for the proceedings.
(2) In case of offences other than mentioned in Sub-section (1), proceedings shall have to be carried after releasing him/her on bail or surety of assets equivalent to the maximum amount of fine or imprisonment that can be imposed on him/her is furnished and if such bail or surety is not furnished proceedings shall have to be carried keeping him in detention. Provided that, the offender who repeatedly commits the offence shall not be released on bail.
(3) While carrying on proceedings by keeping the accused in the detention pursuant to Sub-section (1) or (2) , no offender shall be kept more days in detention than the limit prescribed by the punishment by counting the days in detention into imprisonment.

65. Authority to Hear Case:

(1) The District Forest Officer shall hear and decide the cases under this Act with a fine upto Rupees Ten Thousands or with imprisonment
upto one year or both.
(2) The District Forest Officer while hearing and deciding the cases pursuant to Sub-section (1) shall follow the proceedings and exercise the powers as mentioned in the Special Court Act,1974.
(3) Any party who is not satisfied with the decision made by the District Forest Officer pursuant to Sub-section (1) may appeal to the Appellate Court within thirty five days from the date of the receipt of the notice of the decision.

66. Seized Goods Liable to Confiscate: In case where it is established that an offence punishable under this Act has been committed, all the Load Carriers, Tools,
Quadruped and any other equipment seized in connection with the offence shall be confiscated. Provided that, any tractor, truck, lorry, motor and other vehicles carrying Forest Products of less than Rupees Ten Thousands such vehicles shall not be confiscated, but an additional fine of upto Rupees Ten Thousands in addition to the penalty to be imposed by other Section shall be imposed