ANDHRA PRADESH FOREST OFFENCES (COMPOUNDING
AND PROSECUTION) RULES, 1969
PREAMBLE
In
exercise of the powers conferred by Section 68 of the Andhra Pradesh Forest
Act, 1967 (Act No. 1 of 1967), and all other powers hereunto enabling the
Governor of Andhra Pradesh hereby makes the following rules:--
Rule - 1.
These rules may be called the
Andhra Pradesh Forest Offences (Compounding and Prosecution) Rules, 1969.
Rule - 2.
In these rules unless the context otherwise requires:--
(a)
"accused" means any person who committed or in respect
of whom It may be reasonably inferred that he has committed a forest offence;
(b)
"form" means a form appended to these rules.
Rule - 3.
(i)
When a forest offence is booked it shall be dealt with in the
manner hereinafter provided.
(ii)
The Forest produce seized may be kept in the safe custody of the
Forest Guard or Forest Watcher and a certificate to that effect shall be
obtained in Form-C
(iii)
The respect of seizure of forest produce shall be submitted
immediately, to the next superior officer as well as Divisional Forest Officer
as prescribed in Form-B
Rule - 4.
An enquiry into a forest offence shall be held
by an Officer not below the rank of a Ranger.
Rule - 5.
Every accused who expressed his
willingness to have the offence compounded as provided in rule 4 shall
forthwith give a written undertaking in that regard in Form D
Rule - 6.
If, Immediately after the offence is detected or at the time of
enquiry, the accused is willing to pay in advance any amount towards
compensation to be fixed under Section 59 of the Act, any Forest Officer not
below the rank of a Forester, may accept such amount and shall issue a receipt
duly signed by him for the amount so received
Provided that the acceptance of
any amount as aforesaid shall be without prejudice to any decision that may be
taken by the competent authority under these rules in regard to the quantum of
compensation or the necessity or otherwise to compound the offence.
Rule - 7.
Any property seized from an
accused shall not be released immediately on receipt of the amount of advance
compensation paid by him under rule 6 but shall be retained with the forest officer concerned until an order in
this behalf issued by the competent authority under rule 8, is received by him.
Rule - 8.
Where the accused gives an
undertaking as specified In rule 5, In the case of:--
(i)
all the forest offences, the Divisional Forest Officer or the
Sub-Divisional Forest Officer;
(ii)
all the forest offences where the value of the forest produce
involved does not exceed Rs. 500, the Ranger shall be competent to compound the
offence under Section 59 by passing an order in this behalf. Every order so
passed shall be in Form 'E' and shall be communicated to the accused
immediately on such passing.
(iii)
However, Forest Range Officers shall not compound any offence
involving fast moving motorised vehicles, Sandal wood and Red Sanders.
Rule - 9.
Every Officer competent to
compound the offence may refuse to compound an offence in any particular case without assigning any
reasons
Provided that where the competent
officer refuses to compound an offence, the amount that has been received
towards advance compensation from the accused under the rule 6 shall be
arranged to be refunded to him by such officer by passing a suitable order in
this behalf.
Rule - 10.
(1)
Any person aggrieved by an order passed by an officer under rule 8
may prefer an appeal, within fifteen days from the date of receipt of such
order, to the Sub-Divisional Forest Officer and where there is no such
Sub-Divisional Forest Officer, to the Divisional Forest Officer, in case such
order is passed by a Ranger and to the Conservator, in case such order is
passed by Sub-Divisional Forest Officer or Divisional Forest Officer, and the
order passed thereon by the appellate authority shall be final.
(2)
The appellate authority referred to in sub-rule (1) may, where no
appeal is preferred within the period specified in that sub-rule against any
order passed under rule 8, call for and examine the record of such order so as
to satisfy itself as to the legality, propriety and regularity of such order
and may pass such order in relation thereto as it may deem fit:
Provided that the appellate
authority shall not enhance the amount of compensation payable by the accused
unless an opportunity of making his representation against such enhancement is
given to him.
Rule - 11.
(1)
The amount of compensation fixed under rule 8 shall be paid by the
person concerned within one month from the date of receipt by him of the order
compounding the offence.
(2)
In case the amount of compensation so fixed is not paid in full
within the period aforesaid, action to recover the same may be taken as
provided under Section 70 of the Act.
Rule - 12.
In case the value of forest
produces, seized is less than Rs. 7,500 and where the accused does not opt for
compounding the offence, or the competent authority does not choose to compound
the offences the Forest Range Officer may order the prosecution of the accused.
In all other cases, where the accused does not opt for compounding the offence
or the competent authority does not choose to compound the offence, the
Sub-Divisional Forest Officer, Managers of Primary Marketing Societies under
the administrative control of Girijan Co-operative Corporation Limited or the
Divisional Forest Officer may order the prosecution of the accused.
Rule - 13.
Where an order of prosecution is
passed under rule 12, a Forest Officer not below the rank of a Forester
authorised in this behalf or the Manager of a Primary Marketing Society, under
the administrative control of
the Girijan Co-operative Corporation Ltd., the officer so authorised or such
Manager of the Primary Marketing Society, under the administrative control of
the Girijan Cooperative Corporation Ltd., as the case may be shall file a charge-sheet
in Form-E before the Magistrate having jurisdiction, or the Authorised Officer.