l >
235
THE
KERALA
PRESERVATION OF
TREES
ACT,
1986
' (Act 35of
1986)
'
CONTENTS
Preamble
,
' Sections
1.
Short
title,
extent and commencement.
2.
Definitions.
3. Authorised officers and
appellate
authorities.
4.
Restriction
regarding cutting, etc.,
of trees.
5. Prohibition of
cutting
of tree in
notified areas.
6.
Application
for
permission.
7.
Appeal.
-
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 asto
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., oftrees in
future
assign- men 9.
23.
Power
to make rules.
24.
Laying
of
notifications and
rules
before
Legislative Assembly.
25. Power to remove difficulties.
26.
Repeal
and
saving.
2
fi.'
237
THE KERALA PRESERVATION OF TREES
ACT,
1986
"
(Act 35of
1986)
c
An Act to
provide for
the
preservation of
trees in the State
of
Ke'rala. Preamble—WHEREAS
there
has beenindiscriminate
felling and destruction
of
trees,in the
State of
Kerala
resulting in
consider- able soil
erosion
and destruction andloss ofthe timber wealth of the
State; AND WHEREAS with a. view to
prevent
soil erosionanddes- truction and loss ofthetimber wealth in
the
State, 1tisnecessary 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) Itextendstothewholeofthe
State of
Kerala.
(3) itshallbe
deemed tohavecomeintoforce on the18th 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) ofsection 3; (b)
"authorised
officer" means an
officer
appointed
under sub-section
(1)
of section
3;
(0)
"owner"inrelationto
any land,
includesa
mortgagee, lessee orother person
havmg right to
possession
and
enjoyment of that
land;
A
(d)
"prescribed"
means
prescribed
by
rules madeunder this ct;
((e)
"tree" means
anyof the
following
species of
trees, namely:— Sandalwood
(Santalum
alb11m',)
Teak
(Tectena
grandis),
Rose- wood
(Dalbergia
latifolia),
Irul
(Xylia Xylocarpa),
Themnavu (Ter- miualia
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.
238
3.
Authorised
ofiicers
and
appellate Authorities—(1)
The Government may, by
notification inthe
Gazette,
appoint suchoflicers 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
limitsasthe
Government
think fit.
(2) The Government may,
by
notification inthe
Gazette. appoint suchofficersas
they
think fittobe
appellate
authorities for the
purposes
of
this
Act and may assign
to them such
local limits as theGovernment thinkfit.
4.
Restriction
regarding cutting,
etc., of
trees—(1)
No person shall.
without the
previou
permission in
writing ofthe
authorised ofiicei, cut.
uproot or bu.n, or
causetobe cut.
uprooted or
burnt. any
tree. 'f
t
2)
The
permission
under
sub-section
(1)
shall not be refused l —..
(a) thetreeconstitutes a
danger tolifeor
property; or 1b) thetree is
dead,
diseasedorwindfallen:
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 istoenablethe
owner oftheland inwhich the tree stands to use the area
cleared or the
timbercutfor
the construction of a
building
for his own use.
(3) Noperson shallcut 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 shallnotbe deemed to
prevent
the
priming
of any
tree
as
required by
ordinary agricultural or
horticultural
practices.
(4) No
person shall,
Without the
previous permission inmi - ing oftheauthorised
officer,
destroy
any plant ofanytreeordo any act which
diminishes the value of any such
plant.
(5)
Nothing
contained in
sub-section
(1) orsub-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
exceedsonehectare in extent, theprowsmiisofthissub-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)Not- withstanding anythung
containedin
any law forthetime
being in force, orinany
judgement,
decreeor
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
forestsorin the
Cardamom-Hills Reserveorinany
other areas cultivated
with
cardamom,
by
notification
in the
Gazette, direct thatno tree
standing in
any such area
specified inthe
not-1- fication
shallbe
cut,
uprooted,
burnt or
otherWise
destroyed
except on the
ground
that— ~
(a)
the
tree
constitutes
a
danger
to life
or
property;
or
(b) thetreeis
dead,
diseasedorwindfallen~ Provided
that the
provisions ofthis
sub-section shall
not be deemed to
prevent the
pruning ofany tree as
required by
ordinary agricultural or
horticultural
practices.
(2) Noperson shall,
Withoutthe
prewous
permission inwrit-. ing of theauthorised
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 thepurposes ofthis
section, theterm
"tree" shall include any species
of
tree. Explanation
IL—Forthepurposes of
sub-section
(1), the expression "private
forest" m'eans anyland
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.
6.
Application for
permzsszon.—7(1)Every
application
for
per- mission under section 4or
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 tobefollowed
by theauthoused officer in
granting
or
refusing
permission
under section4or section
5 shall be such as
maybe
prescribed.
7.
AppeaI.—(1)Any person aggrieved
by an
order
refusing
to grant
permission
under section 4orsection 5may,within
ninety days ofthe
receipt ofsuch
order,
prefer an
appeal to the
appellate authority:
'
Provided that
the
appellate
authority may admitan
appeal
pre- ferred after
the
expiry
of
the said
period of
ninety
days if
it
is satis- fied that the
appellant
had
suifiment
causefornot
preferring
the appeal
withinthesaid
period.
240
(2) An
appeal
under.
sub-section
(1)
shall
be insuchform and shallrcontaiii such
particulars
as
may
be
prescribed.
(3) On
receipt ofan
appeal
under
sub-section
(1), the
appel-
'4 late
authority
shall,
after givmg
the
appellant
an
opportunity
of being
heard. passsuchorder thereonasit
thinksfit.
8.
Revmon,——(1)The
Government
may,
either sue motuorany application by any person aggrieved by anorderof the
appellate authority
under section 7, callforandexaminetherecordofany order
passed
by
the
appellate authonity
for the
purpose
of
satisfying themselves astothe
legality, propriety
or
regularity
ofsuchorder and pass such order thereon as
they
think
fit.
(2) TheGovernment shallnot oftheirown
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
fromthedateon which the orderofthe
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 toa
person shallnotbe
passed
under sub-section
(1}
unless
«that person has
been 'DJUl
a
reasonable opportunity of
sliowmg
cause
against such
order. . '
Explanation—An
order
declining tointerfere
shall, forthe purposes ofthis
sub-section, bedeemedtobean
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 towhicha
permission
has been
granted under this
Act shall be
punishable,—
(a) inthecaseoffirst
offence, with
imprisonment
for a.term which
s'nalinotbeless
than Six
months butwhich may extend to two
years, and With fine which shall not be less than five hundred rupees but which may extend totwo
thousand rupees; and
(b) in the caseof a
secondor
subsequent
offence, with im- prisonment for atermwhich shallnotbe less thanone
yearbut
13' which may extendtothree years, and
withfine
which shall not be « less than onethousand rupees but
which may extend to five thousand rupees.
-..:-\_.
is '
241
10.
Offences by companies.—(1)Where anoffence
under this Act hasbeencommitted
by a.
campany,
every person who, atthe time the
offence was
committed,
was in
charge of,
andwasres- ponsible tothecompanyfortheconduct of its
busmess,
shall be deemed tobe
guilty oftheoffence and
shallbeliable tobe
proceeded against and
punished accordingly:
Provided that
nothing inthissub-section shall render any person hable to
punishment ifhe
proves
that the offencewascom- mitted
withouthis
knowledge or
that hehadexerc1sed alldue diligence to
prevent thecomm1ssion ofsuch
offence.
(2)
Notwithstanding anything
containedin
sub-section
(1),
where any offence under this Acthasbeen
committed
by a company andit is
proved thattheoffencehasbeencommittedw1th the consent or
connivance
of, or
is attributable to
any
neglect on
the part~of any director, manager, secretary or
other
officerof the company, such
director, manager, secretary or
other officer shallbe deemed to be
guilty
of
that
offence and
shallbe
liable tobe
proceeded against and
punished
accordingly. Explanation—For thepurposes of this
Section,— (a)
"company"
means
any body corporate and
includes a firm,
society or
other associationof
individuals; and (b)
"director",—
(i) in
relation toa
firm,
means a
partner inthe
firm;
(ii) in
relationtoa
society or
other
association of individuals,
meansthe
personwho is
entrusted, under the
rules
of
the
society
or
other
association, with the
management
of the
affairs
of
the
society
or other
association,
as the case
may be.
11.
Powers
of
authorised
officers
and
appellate
auth01'1ties.— '
Every
authorised officerand
appellate authority
shall, forthe purpose of
performing
hisor
its functions underthis
Act, have all
the
powers
of a. civil court while
trying
a
suit
under the
Code
of Civil
Procedure,
1908
(Central
Act
5 of
1908),
in
respect
of the following
matters,
namely:— (a)
summoning and
enforcing
the
attendance ofany person and
examining
him on
oath; (b)
requiring
the
discovery and
production
of any document; (c)
receiving
evidenceon
affidavit; and
.
((1) such
other matters as
may be
prescribed, 25/2484/B.
242
:
12.
Powers
of entry.
and
inspectwn.—The
authorised
officer or any
other
ofiicer
generally or
specially
authorised
by theGoverrunent in this behalf may,withsuch
assistants, ifany, being persons
in
the' service of the
Governmm-t,
as he thinks
fit, at
all reasonable tunes enter upon anylandforthe
purpose of
ascertaining
whether
any of the
provisions
of this Act or
any of
the
terms and conditions subject towhich any permission hasbeen
granted
underthis
. Act
has
been contravened.
13.
Powerto
seize timber and other
articles
involved in commisswn
of
offline—(1)
Where any oflicer
of
the Forest Department notbelowthe rankof
Foresteror
any Police Ofiicer not
below the rank of Sub
Inspector
has reason to believe
that
any tree has
been cutin
contravention of
section 4 or sub-section
(2)
of section 5 or
a direction contained
in a
notification under sub-section (1; of
section
5, hemay seizethetimberofsuchtree
together with all
tools, ropes, chains and other articles
used in the commission of such
offence
and
all
boats,
vehicles
and animals used
for
carrying SJCh timber. \ Explanation—The
terms
'fboat"
and "vehicle"
in this
section. se
tion
14 and. section 15 shall include
all
the articles and
machinery kept in theboat or
vehicle, asthecase
maybewhether fixedtothe same or
not. '
.
.
(2)
Every
oliicer
seizing any timber under sub-section
(1)
shall
place
on
such timber a
mark
indicating
that
the same has been so
seized and
shall,
as soon
as
may be,
make
a
report
of such seizure to
the
authorised
oflicer. '
(3) On
receipt ofa
report
under
sub-sectibn (2), the authorised oflicer
shall,— '
(a) if he is
satisfiedthatthetimber
mentionedinsuch report is ofany freeoutin
contravention ofsection 4or
sub-section
(2) of
section5or .adirection contained ina, notification
under sub-section (1) ofsection 5, make a
report ofsuchseizuretothe ,ludicial
Magistrate ofthe
First Class
having Jurisdiction overthe area in
which such seizure has been
made; -
(b) ifheisnotso
satisfied, makea
report
of such seizure to
such
authority'as may be
prescribed.
(4) The
authority to
which a
report
is made under clause
(b)
01
sun-section
(3)
shall,—
(a) ifitis
satisfied
that the
timber
mentioned
in
such report is of any treecut
incontravention
of
section 4 or
sub-section
(2) of
section 5or a
direction contained in a
notification
under sub—section
(1)
of
section
5,
make a
report
of the
seizure
of such timber to
the
Judicial
Magistrate
of the
First Class
having
jurisdiction rover the area in which such
seizure has
been
made;
-.
, -.
— {K
- '
'
243
(b) if itisnot so
satisfied,
orderthat suchtimberand
any tool, rope, chainorother article or anyboat,
vehicleoranimal seized
along withitshall bereturned tothe
person from whom they were seized. . .
14. Power torelease
property
seized under
section J8.——The authorised
officer
may release any tool,
rope, chain
or.
other article or
any boat,
vehicle oranimal
seized
under
section. _13 and in
respect ofwhicha
report hasbeenmade to
the Judicial Magistrate oftheFirst
Class under
clause (a) ofsub-section (3) or clause
(a) of
sub-section
(4) of
that
section, ontheexecution
by the
owner thereofofa bondforthe
production of the
property so released, ifandwhenso
required,
before such
Magistrate.
15. Precedure
by MagistratB.—Up0n
the
receipt ofa
report under
clause
(a)
of
sub-section
(3) or
clause
(a) ofsub-section
(4)
of
section
13,
the
Magistrate
shall takesuchmeasures as
may be necessary for
the
trial oftheaccused and the
disposal
ofthetimber and any tool, rope, chain or other article or
any boat,
vehicle or animal seized
along
with
it,
according tolaw.
16.
Procedure asto
perishable
property
seized
under section
13.—-7(1) Notwithstanding anything
hereinbefore
contained,— '
(a)_ the
Magistrate to whom a
report is made
under section 13 may direct the sale of any
property
seized undér that section,
whichis
subject to
speedy and
natural
decay; and -
(b)
if,
in
the
opinion
of the
authorised
officer,
it is necessary to
dispose of the
property,
whichis
subject to
speedy
and natural
decay.
such officer
shall
immediately
after,
and in any
case not later
than one
month
from,
the date of
Report
under section 13 make an
application tothe
magistrate
referred
toin
clause
(a) for permission tosellthe
property by suchofficer himselfandon
getting such
permission
may
sell
the
property
himself.
remit
the sale proceeds intothenearest Government
Treasury and makea
report of such sale and remittance tothat
Magistrate
and
thereupon such
Magistrate
shall take such
measures as
may be
necessary for the trial of the
accused.
(2) The
Magistrate
maydealwith the
proceeds of thesaleof any
property
sold under
clause
(a) orclause
(b)
of sub-section
(1)
in the
same manner
ashe
might
have
dealt with the
property ifit had not been sold.
17.1
Sawing of power torelease
property seized—Nothing hereinbefore
contained
shall be deemed to
prevent
the authorised officer from
directing
at any time the
immediate
release
of
any property'seized
under section13and the
withdrawal of
any-charge made in
respect
of
such
property:
'
. - r
Provided that
the
powers under
this section shall be exercised by the
authorised officer
only for
good and
suflicient reasons tobe recorded in
writing
and with the
previo'us approval
in
writing
of the Divisional Forest
Officer concerned.
244 ' '
18. Institution
of prosecution—No prosecution
shall
be instituted
against any
person without the sanction ofthe
authorised officer.
,
19.
Cognizame
of
ofiences.—No
court inferior to
that of a Judicial
Magistrate ofthe
First
Class shall
try any offence under this Act.
20. Bar
of jurisdiction
of
civil Gonna—No
civil court shall have
jurisdiction to
settle,
dec1deordeal with any question orto determine any
matter whichis
by orunder thisAct
required to be
settled,
decided or dealt Withorto
be determined
by any oflicer or
authority
or the
Government.
21.
Indemnity—No
suit,
prosecution
or other
legal proceedings shall
lie
against
the
Government
or
any officer or
authority
or
any other
person for
anything which
is
in
good
faith done or
purporting to
have been done under this
Act or
any rule
or order made thereunder.
22. Restriction
regarding cutting, etc, of
trees in
future assignments—Notwithstanding anything
contained inanylaw for the
time
being in
force, any assignment
after
the commencementof this
Act, ofland
belonging tothe
Government,
under anylaw for the time
being
in force shall be
subject
to
the
condition that
the -
assignee
shall not,
withoutthe
previous permission in
writing ofthe authorised
officer, cut,
uproot or
burn,
or cause to be
cut,
uprooted or
burnt, any tree
standing
on
such land
at
the time of such assignment, andthe
provisions ofthis Act
shall
apply in relation to
such
permission
as if
they apply
in relation to
a permission under section 4.
23.
Power to
make
rules—(1) TheGovernment may, by notification in the
Gazette,
make
rules for
carrying
out the
purposes of this
Act.
(2) In
particular, and
without
prejudice to the
generality of the
foregoing power,
such rules may provide
for—-
(a) the
girth oftrees which maybe
permitted to be
cut; '
(b) thetermsandconditions
subject to
which
permission may be
granted;
(c) the
procedure tobefollowed
by the
authorised
olficer '
before
granting or
refusing permission;
(d) the
procedure tobe
followed
by the
appellate authority in the
disposal
of an
appeal
under section
7;
other matter whichhasto
be, or
may be,
prescribed.
10
v) '—
245
24.
Laying
of
notifications
amd.
mics
before Legislative Assembly -—Every
notification
issued under sub-section (1) of section 5 and
every
rulemadeunder section
23
shallbe
laid, assoon as
may be after it *s issued or
made,
before the
Legislative
Assembly wh1le
it
is in session
for a total
period
of
fourteen
days
which may be
comprised
inonesessionorin two successive
sessions,
and
if before the
expiry
of the
session
in which it isso
laid orthesession immediately following, the.
Legislative
Assembly
makesany modification in the
notification or
rule
or decides that the
notification or rule
should
not be
issued
or
made,
the
notification
or
rule shall thereafter have
efiect
only
in such
modified
form or
be
of no
effect, as
the
case
may be;
so however
that any
such
modification
or annulment shall be
without
prejudice
tothe
validity
of
anything previously doneunderthatnotificationorrule.
25.
Power toremove
d/ifiiculties .—-(1)
If any difliculty
arises m giving
effecttothe
provisions of thisActthe
Government
may, by
order
published inthe
Gazettemakesuch
provisions not
inconsi- stent with
the
provisions of
this
Act.
which
appear
to them necessary for
the purpose of
removing
the
difficulty:
(2)
Every suchordermadeunderthis
section
shall, assoou as
may be
after it
is
made,
be laid before the
legislative Assembly.
26.
Repeal
and
saving.———(1)
The Kerala Restriction on
Cutting and Destruction of
Valuable
Trees
Act,
1974
(7
of
1974),
and
the Kerala Preservation of Trees
Ordinance,
1986
(65
of
1986)
are hereby repealed.
(2)
Notwithstanding the
repeal of
the
Kerala
Preservation of Tiees
Ordinance,
1986
(65
of
1986),
anythin
done or
deemed
to have been
done
or
any action taken or deem to have
been taken under the said Ordinance shall be
deemed to have been
done
or taken
under
this Act:
Provided
that no
person convicted of
an
offence with
respect
to anything so
deemedtohave beendoneunderthis Act,
shall be
subjected
to a
penalty greater thanthatwhich
might
have
been inflicted
underthe
law
applicable to
such
offence, inforce at the
time of the
commission
of such offence:
Provided further that
nothing
contained inthis
section
shall render any
person liabletobeconvicted ofan
oifence in
respect
of anything done oromittedtobedone by himafter the let
day of August, 1983and
beforethe30th day
August, 1983 andafter the 6th
day
of
January,
1984
and before the 15th
day
of
February,
1984.