FCA / OFFENCES AND PENALTIES/

Officers authorized to file complaints

Officers authorized to file complaints

Officers authorized to file complaints

The central government may, by notification, authorize certain officers to file complaints against the person(s) prima facie found guilty of offence under the Act, or violation of the rules made under the Act, in the Court having jurisdiction in the matter.

Such officers include:
a) Any officer not below the rank of Conservator of Forests or
b) The concerned forest officer having territorial jurisdiction over the forest land in respect of which the offence is said to have been committed.

Such an officer may require any state government or its officer, any person or any other authority to furnish any reports, documents, statistics and other information related to contravention of the Act (or rules) within a specified period, if the officer considers such information necessary for making a complaint in Court. Every such state government, officer, person or authority shall be bound to comply.

No complaint shall be filed in the Court without giving the person(s), officer(s) or authority(s) against whom the allegations of offence exist, an opportunity to explain his/their conduct. In addition, they must be given the opportunity to show cause as to why a complaint should not be filed in the Court against him/them for the alleged offence(s), in not less than sixty days of the issue of such notice in writing.

Report of violation:

Each case of violation (by authorities or government departments) shall be reported by the concerned state/Union Territory government to the central government.
The report of violation shall be described in a self-contained note and supported by requisite documents, including particularly the names and designations of the officials/persons who are prima-facie responsible for contravention of the Act.
In case it is not possible to fix the responsibility for commission/omission of any action leading to the violation of the Act, a full explanation with relevant supporting documents shall be appended to the report.

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.