Tamil Nadu Hill Stations (Preservation of Trees) Amendment Act, 1979*
| [Tamil Nadu Act No. 14 of 1980]* | [22nd April, 1980] |
An Act further to amend the Tamil Nadu Hill Stations (Preservation of Trees) Act, 1955.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as follows:-
* For Statement of Objects and Reasons, see Tamil Nadu Government Gazette Extraordinary, dated the 5th November, 1979, Part IV-Section 1, page 448.
* Received the assent of the President on the 18th April, 1980, first published in the Tamil Nadu Government Gazette Extraordinary on the 22nd April, 1980 Chithirai 10, Rowthiri-2011 - Thiruvalluvar Aandu
1. Short title and commencement.- (1) This Act may be called the Tamil Nadu Hill Stations (Preservation of Trees) Amendment Act, 1979.
(2) It shall come into force at once.
2. Amendment of long title and preamble to Tamil Nadu Act XVII of 1955.- In the long title and preamble to the Tamil Nadu Hill Stations (Preservation of Trees) Act, 1955 (Tamil Nadu Act XVII of 1955) (hereinafter referred to as the principal Act), for the expression "hill stations" wherever it occurs, the expression "hill areas" shall be substituted.
3. Amendment of section 1, Tamil Nadu Act XVII of 1955.- In section of the principal Act,-
(a) in sub-section (1), for the expression "Hill Station" the expression "Hill Areas" shall be substituted;
(b) in sub-sections (2) and (3), for the expressions "hill stations", "hill station" and "such station" wherever they occur, the expressions "hill areas", "hill area" and "such area" shall, respectively, be substituted.
4. Amendment of section 2, Tamil Nadu Act XVII of 1955.- In section 2 of the principal Act,-
(a) for clause (a), the following clause shall be substituted, namely:-
"(a) ‘committee’ means any committee constituted under section 2-A and having jurisdiction;";
(b) in clause (e), for the expression "Fort St. George Gazette", the expression "Tamil Nadu Government Gazette" shall be substituted.
5. Insertion of new sections 2-A, 2-B and 2-C in Tamil Nadu Act XVII of 1955.- After section 2 of the principal Act, the following sections shall be inserted, namely:-
"2-A. Constitution of committee.- (1) The Government may, by notification, with effect from such date as may be specified therein, constitute for each hill area a committee for the purpose of this Act consisting of the following members, namely:-
(a) the District Collector having jurisdiction as Chairman of the committee;
(b) the District Forest Officer having jurisdiction over the hill area;
(c) the Tahsildar having jurisdiction over the hill area;
(d) the Executive Engineer of the Agriculture Department in-charge of soil conservation having jurisdiction over the hill area;
(e) the Personal Assistant (General) to the, Collector of the district, who shall be the Secretary of the Committee.
2-B. Meetings of committee.- (1) The committee may meet as often as may be necessary and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed by the Government under this Act, provided that not more than two months shall elapse between one meeting of the committee and another.
(2) The Chairman of the committee or in his absence any member nominated by him in that behalf shall preside at a meeting of the committee.
(3) All questions at a meeting of the committee shall be decided by a majority of the votes of the members present and voting and in case of an equality of votes, the Chairman of the committee or in his absence the person presiding, shall have a second or casting vote.
2-C. Vacancy in committee, etc., not to invalidate acts or proceedings.- No act or proceeding of the committee shall be deemed to be invalid by reason only of the existence of any vacancy in the committee or any defect in the nomination of a member thereto or on the ground only that more than two months have elapsed between one meeting of the committee and another.".
6. Amendment of section 3, Tamil Nadu Act XVII of 1955.- For sub-section (1) of section 3 of the principal Act, the following sub-section shall be substituted, namely:-
"(1) No person shall, without the previous permission in writing of the committee-
(a) out, uproot or burn, or cause to be cut, uprooted or burnt, any tree, or
(b) fell or remove any tree which, constitutes danger to life or property, or is dead or diseased or wind-fallen, or has silviculturally matured, or
(c) cut or remove any tree for the improvement of coffee crop in any coffee plantation in such area in any hill area as the Government may, by notification, specify in this behalf:
Provided that where permission to cut or remove a tree is granted on the grounds referred to in clauses (a) to (c) above, the committee shall impose as a condition the effective regeneration of an equal number of the same or other suitable species of trees, and for that purpose, may require the person to whom the permission is granted to deposit with the committee a sum not exceeding one hundred rupees for each tree permitted to be cut or removed."
7. Amendment of section 4, Tamil Nadu Act XVII of 1955.- In section 4 of the principal Act,-
(a) in sub-section (2), for the expressions "Collector who" and "he", the expressions "committee which" and "it" shall, respectively, be substituted;
(b) in sub-section (3), for the expression "hill station", in both places where it occurs and for the expressions "collector who" and "he", the expressions "hill areas", "committee which" and "it" shall, respectively, be substituted.
8. Amendment of section 5, Tamil Nadu Act XVII 1955.- In section 5 of the principal Act, for the word "Collector", the word "committee" shall be substituted.
9. Amendment of section 6, Tamil Nadu Act XVII of 1955.- In section 6 of the principal Act, for the expression "prefer an appeal in writing to such officer as may be prescribed, and such officer shall, after giving the appellant an opportunity of being heard, pass such order thereon, as he may think fit" the following expression shall be substituted, namely:-
"prefer an appeal in writing to the Government and the Government shall, after giving the appellant an opportunity of being heard, pass such order thereon, as they may think fit".
10. Amendment of section 7, Tamil Nadu Act XVII of 1955.- In section 7 of the principal Act, for the words "with fine which may extend to five thousand rupees", the words "with imprisonment which may extend to one year, or with the which may extend to five thousand rupees, or both" shall be substituted.
11. Omission of section 9, Tamil Nadu Act XVII of 1955.- Section 9 of the principal Act shall be omitted.
12. Amendment of section 10, Tamil Nadu Act XVII of 1955.- In section 10 of the principal Act, for the expression "Collector" and "his", the expressions "committee" and "its" shall respectively, be substituted.
13. Amendment of section 11, Tamil Nadu Act XVII of 1955.- In section 11 of the principal Act, for the word "Collector" the word "committee" shall be substituted.
14. Amendment of section 13, Tamil Nadu Act XVII of 1955.- In section 13 of the principal Act, for the expression "Code of Criminal Procedure, 1898 (Central Act V of 1898)," the expression "Code of Criminal Procedure, 1973 (Central Act 2 of 1974)" shall be substituted.
15. Constructions of reference to Tamil Nadu Hill Stations (Preservation of Trees) Act.- References to "the Tamil Nadu Hill Stations (??? of Trees) Act", in any Act or in any rule, ratification, proceeding, order, regulation, by-law or other instrument made or issued under such Act, or rules, orders of notifications made or issued under the principal Act shall be construed as references to "the Tamil Nadu Hill Areas (Preservation of Trees) Act."