8. Revision.
9. Penalties.
10. Offences by companies.
11. Powers of authorised officers and appellate authorities.
12. Powers of entry and inspection.
13. Power to seize timber and other articles involved in com— mission of offence.
14. Power to release property seized under section 13.
15 Procedure by Magistrate.
16. Procedure as to perishable property seized under section 13.
17. Savmg of power to release property seized.
18. Institution of prosecution.
19. Cogmzance of offences.
20. Bar of jurisdiction of civil courts.
21.
' Indemnity.
22.
Restxéictlon regarding cutting, etc., of trees in future assignmen 9.
23. Power to make rules.
24. Laying of notifications and rules before Legislative Assembly.
25. Power to remove difficulties.
26. Repeal and saving.
fi.’ 237 THE KERALA PRESERVATION OF TREES ACT, 1986 " (Act 35 of 1986) c An Act to provide for the preservation of trees in the State of Ke'rala.
Preamble—WHEREAS there has been indiscriminate felling and destruction of trees,in the State of Kerala resulting in considerable soil erosion and destruction and loss of the timber wealth of the State;
AND WHEREAS with a. view to prevent soil erosion and destruction and loss of the timber wealth in the State, 1t is necessary to regulate the felling and destruction of trees in the State;
BE it enacted in the Thirty-seventh Year of the Republic of India as follows:—
1. Short title, extent and commencement.——This Act may be called the Kerala Preservation of Trees Act, 1986.
(2) It extends to the whole of the State of Kerala.
(3) it shall be deemed to have come into force on the 18th day of June, 1983.
2. Definitions.—-—In this Act, unless the context otherwise requires,—
(a) “appellate authority” means an appellate authority appointed under sub-section (2) of section 3;
(b) "authorised officer” means an officer appointed under sub-section (1) of section 3;
(0) “owner” in relation to any land, includes a mortgagee, lessee or other person havmg right to possession and enjoyment of that land;
A
(d) “prescribed” means prescribed by rules made under this ct;
((e) “tree” means any of the following species of trees, namely:— Sandalwood (Santalum alb11m‘,) Teak (Tectena grandis), Rosewood (Dalbergia latifolia), Irul (Xylia Xylocarpa), Themnavu (Termiualia tomantosa), Kampakam (I-Iopea parviflora), Chempakam (‘vIechelia ehempaca), Chadachi (Grewia t111aefolia), Chandana vempu (Cedrela toona), Cheeni (Tetrameles nudiflora).
“Received the assent of the President on the lst day of December, 1986 and published in the Kerala Gazette, Extraordinary No.
1091 datedp lst December, 1986.
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3. Authorised ofiicers and appellate Authorities—(1) The Government may, by notification in the Gazette, appoint such oflicers not below the rank of a Ranger as they think fit to be authorised officers for the purposes of this Act and may assign to them such local limits as the Government think fit.
(2) The Government may, by notification in the Gazette.
appoint such officers as they think fit to be appellate authorities for the purposes of this Act and may assign to them such local limits as the Government think fit.
4. Restriction regarding cutting, etc., of trees—(1) No person shall. without the previou permission in writing of the authorised ofiicei, cut. uproot or bu. n, or cause to be cut. uprooted or burnt.
any tree.
'f t 2) The permission under sub-section (1) shall not be refused l —..
(a) the tree constitutes a danger to life or property; or 1b) the tree is dead, diseased or windfallen:
Provided that where permission to cut a tree is granted on the ground specified in clause (a) or clause (b), the authorised officer shall impose as a condition for the grant of such permission the effective regeneration of an equal number of the same or other suitable species of trees; or » to) such cutting is to enable the owner of the land in which the tree stands to use the area cleared or the timber cut for the construction of a building for his own use.
(3) No person shall cut or otherwise damage, or cause to be cut or otherwme damaged, the branch of any tree:
l‘rov1ded that the prOViSions of this Sub-section shall not be deemed to prevent the priming of any tree as required by ordinary agricultural or horticultural practices.
(4) No person shall, Without the previous permission in mi - ing of the authorised officer, destroy any plant of any tree or do any act which diminishes the value of any such plant.
(5) Nothing contained in sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) shall apply in respect of any tree or plant in.the compound of any residential building:
Prowded that where such compound exceeds one hectare in extent, the prowsmiis of this sub-section shall apply only in respect of an extent of. one hectare immediately surrounding the residential building.
239
5. Prohibition of cutting of tree in notified areas.——,(1)Notwithstanding anythung contained in any law for the time being in force, or in any judgement, decree or order of any court, tribunal or other authority, or in any agreement or other arrangement, the Government may, with a View to preservmg the tree growth in private forests or in the Cardamom-Hills Reserve or in any other areas cultivated with cardamom, by notification in the Gazette, direct that no tree standing in any such area specified in the not-1- fication shall be cut, uprooted, burnt or otherWise destroyed except on the ground that— ~ (a) the tree constitutes a danger to life or property; or
(b) the tree is dead, diseased or windfallen~
Provided that the provisions of this sub-section shall not be deemed to prevent the pruning of any tree as required by ordinary agricultural or horticultural practices.
(2) No person shall, Without the prewous permission in writ-.
ing of the authorised officer, cut, uproot, burn or otherwise destroy or cause to be cut, uprooted, burnt or otherwise destroyed any tree in any area speCified in the notification'under sub-section (1) on any ' of the grounds speufied therein.
Explanation l.—For the purposes of this section, the term “tree” shall include any species of tree.
Explanation IL—For the purposes of sub-section (1), the expression “private forest” m'eans any land which immediately before the 10th day of May, 1971, was a private: forest as defined in the Kerala Private Forests (Vesting and Assignment) Act, 1971.