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Section 3

The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951State Act of Gujarat · Act 17 of 1951

(1) Notwithstanding anything contained in 8[ the Code ] or in any other law for the time being in force in the State-

(a) no person either by himself or through any other person shall, without the written permission of the Collector or any other officer 9[or10] [any Village Panchayat constituted or deemed to be a Village Panchayat under the Bombay Village Panchayats Act, 1958]] duly empowered in this behalf by the Government, voluntarily fell, appropriate or damage, or cause to be felled., appropriated or damaged, any tree, or any portion thereof 11[***]

(b) any person who contravenes the provisions of sub-clause (a) shall, on conviction by a revenue officer not below the rank of a Mahalkari authorised by Government in this behalf, be liable to fine which may extend to rupees one thousand 12[and which shall not be less than rupees fifty, unless the Revenue Officer inflicting such fine considers it Short title, extent and commencement.

Interpretation.

Unauthorised felling of trees prohibited.

[1951 : Sau. XVII Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 improper, for special reasons to be recorded in wtiting, to inflict such minimum amount of fine ].

13[(2) Nothing contained in sub-section (1) shall apply to the felling, appropriating or damaging any branch of babool tree for the purpose of using it or causing it to be used for cleaning teeth ].

4. 14(1) The order of the revenue officer passed under clause (b) of sub- section

(1) of section 3 shall be final subject to appeal which may be preferred, within 30 days of the date of communication of such order, to the Collector.

15(2) It shall be lawful for the Collector to delegate his power to hear appeal under sub-section (1) to the Assistant Collector or any Deputy Collector subordinate to him].

16[4A. In dealing with cases under this Act, the revenue officers and the Collector shall follow, as far as may be practicable, the procedure prescribed in Chapter XII or XIII, as the case may be, of 17[ the Code ]].

5. Provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

6. Any fine inflicted under this Act shall be recoverable as arrear of land revenue.

18[7. The revenue officer trying any case under the provision of clause (b) of subsection (1) of section 3, or the Collector 19[ or the Assistant Collector or the Deputy Collector, as the case may be ] hearing an appeal under section 4 may direct that any portion, not exceeding one-fourth, of any fine which may be imposed under any of the said sections, shall be paid to, or distributed amongst, such person or persons as may have given assistance in the detection of the offence, as reward].

20[8. It shall be lawful for any person present at or near the place where an offence of contravention of the provisions of clause (a) of sub-section (1) of section 3 is, or is being committed, to take the felled, appropriated or damaged tree or any portion thereof, as the case may be, to the nearest revenue officer ].

20[9. While passing an order under clause (b) of sub-section (1) of section 3, the revenue officer may make such order as he thinks fit for the disposal by confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of felled, appropriated or damaged tree or any portion thereof, produced before him or in.

his custody or regarding which any offence appears to have been committed.]

Where this provision sits

ActThe Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951
Section3
JurisdictionState of Gujarat
StatusIn force as published by the source

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