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Section 6: Application for permzsszon

The Kerala Preservation of Trees Act, 1986 (Act 35 of 1986)State Act of Kerala · Act 35 of 1986

7(1)Every application for permission under section 4 or section 5 shall be in such form and shall contain such particulars as may be prescribed and shall be made to the authorised officer.

(2) The procedure to be followed by the authoused officer in granting or refusing permission under section 4 or section 5 shall be such as may be prescribed.

7. AppeaI.—(1)Any person aggrieved by an order refusing to grant permission under section 4 or section 5 may, within ninety days of the receipt of such order, prefer an appeal to the appellate authority:

Provided that the appellate authority may admit an appeal preferred after the expiry of the said period of ninety days if it is satisfied that the appellant had suifiment cause for not preferring the appeal within the said period.

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(2) An appeal under. sub-section (1) shall be in such form and shallrcontaiii such particulars as may be prescribed.

(3) On receipt of an appeal under sub-section (1), the appel- ‘4 late authority shall, after givmg the appellant an opportunity of being heard. pass such order thereon as it thinks fit.

8. Revmon,——(1)The Government may, either sue motu or any application by any person aggrieved by an order of the appellate authority under section 7, call for and examine the record of any order passed by the appellate authonity for the purpose of satisfying themselves as to the legality, propriety or regularity of such order and pass such order thereon as they think fit.

(2) The Government shall not of their own motion revise any order‘under sub-section (1) if that order has been passed more than three months previously.

(3) An application under sub-section (1) by an aggrieved person shall be made Within a period of sixty days from the date on which the order of the appellate authority was communicated to him:

Provided that the Government may adinit an application made after the expiry of the said period of Sixty days. if they are satisfied that the applicant had suffiCient cause for not making the application within that period.

(4) An (Jl'del prejudicial to a person shall not be passed under sub-section (1} unless «that person has been 'DJUl a reasonable opportunity of sliowmg cause against such order. .

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Explanation—An order declining to interfere shall, for the purposes of this sub-section, be deemed to be an order prejudicial to a person.

9. Pcnalties.——Wlioever contravenes any of the provisions of section 4 or'sub-section (2) of section 5 or a direction contained in a notification under sub-section (1) of section 5 or any of the terms and conditions subject to which a permission has been granted under this Act shall be punishable,—

(a) in the case of first offence, with imprisonment for a. term which s‘nali not be less than Six months but which may extend to two years, and With fine which shall not be less than five hundred rupees but which may extend to two thousand rupees; and

(b) in the case of a second or subsequent offence, with imprisonment for a term which shall not be less than one year but 13‘ which may extend to three years, and with fine which shall not be « less than one thousand rupees but which may extend to five thousand rupees.

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Where this provision sits

ActThe Kerala Preservation of Trees Act, 1986 (Act 35 of 1986)
Section6
Marginal noteApplication for permzsszon
JurisdictionState of Kerala
StatusIn force as published by the source

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