(1) No person shall fell any tree whether belonging to him or otherwise of the prescribed class within the jurisdiction of any municipality in the [Union territory of Jammu and Kashmir] except under a permit obtained from the prescribed authority in the prescribed manner.
Explanation.—For the purposes of this Chapter the expression “felling of tree” shall include cutting or destroying or causing or suffering to be cut or destroyed any tree but shall not include bonafide pruning, trimming or otherwise altering shrubs or fruit trees for purely horticultural purposes and other petty acts, such as, the cutting of twigs, digging of ferns and the like from which no material harm of any kind to person or property is likely to result.
(2) No application for grant of permit for felling of tree shall be entertained unless it is accompanied by a fee of Rs. 50/- which amount shall be utilised for fresh plantation.
(3) (i) A breach of the provision for sub-section (1) or abetment of breach thereof in respect of cutting or destroying of each tree of the prescribed class shall be a separate offence and shall be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees, or with both ;
(ii) when any person is convicted for breach of the provisions of sub-section (1) the court convicting such person shall in addition to the punishment imposed, order forfeiture in favour of the concerned municipality of any tree/fuel/timber in whatever form it may have been converted and in respect of which the breach of the provisions of sub-section (1) is made and in case such tree/fuel/timber are not available for forfeiture the market value thereof as determined by the court shall be recoverable from him in the same manner as fine imposed ;
(iii) no offence or breach of the provisions of sub-section (1) shall be compounded by any authority empowered to compound, without providing for forfeiture of the tree, fuel or timber in favour of the concerned municipality ;
(iv) any officer especially empowered in this behalf by the Government, having reason to believe that a breach of such provision of the Act has been committed or is likely to be committed, may seize the tree, fuel or timber in respect of which such breach has been committed and also all tools used or likely to be used in the commission of such offence and all these articles shall on conviction of the offender or on the composition of the offence be forfeited to the concerned municipality.
Explanation:—For the purpose of this sub-section the term “municipality” means the Municipal Council or Halqa Panchayat, as the case may be.
(4) The Government may make rules consistent with this Act to carry out the purposes of this Chapter and all such rules shall be laid, before the [State Legislature].