KARNATAKA PRESERVATION OF TREES ACT, 1976
76 of 1976
Fourth day of December, 1976
An Act to make better provision for preservation of trees in the State. Whereas, with the growing pace of urbanisation, industrialisation and increasing population, there has been indiscriminate felling of a large number of trees in the rural and urban areas of the State of Karnataka leading to erratic rainfall, recurring famines and floods, soil erosion and consequent ecological disturbances. Whereas, it is expedient to provide for the preservation of trees in the State by regulating the felling of trees and for the planting of adequate number of trees to restore ecological balance and for matters connected therewith. Be it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows.
CHAPTER 1 Preliminary
Section 1 Short title, extent and commencement
(1) This Act may be called the Karnataka Preservation of Trees Act, 1976.
(2) It extends to the whole of the State of Karnataka.
(3) This section shall be deemed to have come into force on the seventeenth day of July, 1976 and other provisions shall come into force on such date as the State Government may by notification appoint and different dates may be appointed for different provisions of this Act and for different urban areas or rural areas or parts thereof.
Section 2 Definitions
(1) In this Act, unless the context otherwise requires.
(a) "Appointed day" in relation to any area means the date notified under sub-section (3) of Section 1;
(b) "Local Authority" means a Municipal Corporation or a Municipal Council or a 1[Town Panchayat or a Taluk Panchayat];
(c) "Preservation of Trees" means, maintenance and protection of trees to encourage normal growth and prevent damage or cutting or felling and includes planting of new trees and transplanting trees;
(d) "Relevant Act" means the enactment under which a local authority is constituted;
(e) "Rural Area" means an area and of the kind specified in Schedules I and II;
(f) "To fell a tree" means severing the trunk from the roots, uprooting the tree and includes burning or cutting or girdling or applying arboricides to a tree to cause substantial damage thereto or destruction thereof;
(g) "Tree" means any woody plant whose branches spring from and are supported upon a trunk or body and which trunk or body is not less man five and a half centimetres in diameter and not less man one metre in height from the ground level and includes palms, bamboos, stumps, brushwood canes and seedlings of such tree but does not include sandal and rosewood trees;
(h) "Tree Officer" means a Forest Officer appointed as such by the 11. Substituted for the words "Chief Conservator" by Act No. 12 of 1998, w.e.f. 11-5-1998 [Principal Chief Conservator] of Forests (General) for the purposes of this Act;
(i) "Urban area" means an area comprising a 22. Substituted for the words "Municipal Corporation, a Municipality or a Notified Area Committee" by Act No. 12 of 1998, w.e.f. 11-5-1998 [larger urban area, smaller urban area, or a transitional area];
(j) "Wood lot" means any piece of land of which trees form the main crop, the average number of such trees in each hectare being not less than twenty-five.
(2) Words and expressions used herein but not defined shall have the meanings assigned to them in the relevant Act.
CHAPTER 2 Tree Authority
Section 3 Establishment of the Tree Authority
(1) The State Government shall, by notification, constitute a Tree Authority for each urban area and for each rural area.
(2) Such Authority shall consist of five members as follows.
(a) For an urban area.
(i) the Mayor or the President of the Municipal Corporation, the Municipal Council or the 33. Substituted for the words "Notified Area Committee" by Act No. 12 of 1998, w.e.f. 11-5-1998 [Town Panchayat], as the case may be;
(ii) the Divisional Forest Officer or his nominee;
(iii) the District Horticultural Officer having jurisdiction;
(iv) the Municipal Commissioner or the Chief Executive Officer, as the case may be; and
(v) one member of the Municipal Corporation, the Municipal Council or the 44. Substituted for the words "Notified Area Committee" by Act No. 12 of 1998, w.e.f. 11-6-1998 [Town Panchayat], as may be, nominated by the Mayor or the President, as the case may be:
Provided that where the Corporation or the Municipal Council or the 11. Substituted for the words "Notified Area Committee" by Act No. 12 of 1998, w.e.f. 11-5-1998 [Town Panchayat] is superseded, such person as the State Government may nominate shall be the member.
(b) For a rural area specified in Schedule I.
(i) the concerned Conservator of Forests having jurisdiction;
(ii) the Special Deputy Commissioner and where mere is no Special Deputy Commissioner, the Deputy Commissioner of the district;
(iii) the Superintending Engineer, Communication and Buildings having jurisdiction; and
(iv) two non-official members appointed by the State Government.
(c) For a rural area specified in Schedule II.
22. Item (i) substituted by Act No. 12 of 1998, w.e.f. 11-5-1998 [(i) the Adhyaksha of the Taluk Panchayat;]
(ii) the Block Development Officer having jurisdiction;
(iii) the Assistant Conservator of Forests nominated by the Divisional Forest Officer;
(iv) the District Horticultural Officer having jurisdiction;
33. Item (v) including the proviso substituted by Act No. 12 of 1998, w.e.f. 11-5-1998 [(v) one member of the Taluk Panchayat nominated by the Adhyaksha.]
(3) The State Government shall appoint one of the members to be the Chairman.
(4) The Tree Authority may co-opt in such manner and for such period as it may determine not more than three representatives of non-official organisations having special knowledge or practical experience in the preservation of trees.
Section 4 Meetings of the Tree Authority
(1) The Tree Authority shall meet at least once in three months at such place and time as the Chairman may decide and shall conduct its business in such manner as may be prescribed.
(2) The quorum to constitute a meeting of the Tree Authority shall be one-third of the total number of its members.
CHAPTER 3 Officers and Servants
Section 5 Appointment of Tree Officer
(1) The 44. Substituted for the words "Chief Conservator" by Act No. 12 of 1998, w.e.f. 11-5-1998 [Principal Chief Conservator] of Forests (General) may, subject to sub-section'(2) appoint for each urban area and rural area one or more Forest Officers as Tree Officers for the purpose of this Act.
(2) Such Tree Officer shall.
(i) in an urban area comprising of a 11. Substituted for the words "Municipal Corporation" by Act No. 12 of 1998, w.e.f. 11-5-1098 [larger urban area], be not below the rank of an Assistant Conservator of Forests;
(ii) in an urban area comprising of a 22. Substituted for the words "Municipality or Notified Area Committee" by Act No. 12 of 1998, w.e.f. 11-5-1998 [smaller urban area or a transitional area], be not below the rank of a Range Forest Officer;
(iii) in a rural area of the kind specified in Schedule II, be not below the rank of a Range Forest Officer;
(iv) in a rural area of the kind specified in Schedule I, be not below the rank of a Divisional Forest Officer.
Section 6 Appointment of other officers
The 33. Substituted for the words "Chief Conservator" by Act No. 12 of 1998, w.e.f. 11-6-1998 [Principal Chief Conservator] of Forests (General) may from time to time, appoint such other officers and servants to assist the Tree Officer as he may consider necessary who shall be subordinate to the Tree Officer.
CHAPTER 4 Duties of Tree Authority
Section 7 Duties of Tree Authority
Notwithstanding anything in the relevant Act or any other law for the time being in force, the Tree Authority shall, subject to any general or special orders of the State Government, be responsible for.
(a) the preservation of all trees within its jurisdiction;
(b) carrying out a census of the existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees in their lands;
(c) specifying the standards regarding the number and kind of trees which each locality, type of land and premises shall have and which shall be planted subject to a minimum of five trees per hectare in the case of rural areas;
(d) development and maintenance of nurseries, supply of seeds, saplings and trees to persons who desire or are required to plant new trees or to replace trees which have been felled;
(e) planting and transplanting of trees necessitated by construction of new roads or widening of existing roads or replacement of trees which have failed to come up along roads or for safeguarding danger to life and property;
(f) organisation of demonstration and extension services for the purposes of this Act and assisting private and public institutions connected with planting and preservation of trees;
(g) planting and maintaining such number of trees as may be considered necessary according to the prescribed standards on
(h) undertaking such schemes or measures as may be directed from time to time by the State Government for achieving the objects of the Act.
CHAPTER 5 Restriction on felling of trees and liability for preservation of trees
Section 8 Restriction on felling of Trees
(1) With effect on and from the appointed day, notwithstanding any custom, usage, contract or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer:
11. Proviso inserted by Act No. 12 of 1998, w.e.f, 11-5-1998. [Provided mat no permission shall be granted under this section for felling of trees if it involves felling of all trees in the areas proposed for cultivation or extension of cultivation of rubber or tea.]
(2) Any person desiring to fell a tree, shall apply in writing to the concerned Tree Officer for permission in that behalf. The application shall be accompanied by a site plan or survey sketch specifying clearly the site or survey number, the number, kind and girth of the tree sought to be cut and the reasons therefor along with the consent of the owner or occupant.
(3) On receipt of the application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary, either grant permission in whole or in part or refuse permission:
Provided that permission shall not be refused, if the tree.
(i) is dead, diseased or wind-fallen; or
(ii) has silviculturally matured; or
(iii) constitutes a danger to life or property; or
(iv) constitutes obstruction to traffic; or
(v) is substantially damaged or destroyed by fire, lightning, rain or other natural causes; or
22. Clause (vi) substituted by Act No. 12 of 1998, w.e.f. 11-5-1998 [(vi) is required to be removed either for cultivation, extension of cultivation or change in crop cultivation in areas specified in Schedule II, (except where such removal does not involve felling of all trees in the areas proposed for cultivation, extension of cultivation or change in crop cultivation) or for the bona fide use of the applicant.]
33. Sub-section (4) substituted by Act No. 12 of 1998, w.e.f. 11-6-1998 [(4) The Tree Officer shall make all possible endeavour to dispose off the application received under this section within a period of three months from the date of its receipt:]
Provided that in computing the period of three months under this sub-section, the time required to obtain.
(a) opinion from revenue authorities;
(b) report from the Assistant Director of Land Records;
(c) measurement list of trees intended to be felled; or
(d) any other relevant information as may be prescribed, shall be excluded.]
(5) Where permission to fell a tree is granted, the Tree Officer may grant it subject to the condition that the applicant shall plant another tree or trees of the same or any other suitable species on the same site or other suitable place within thirty days from the date the tree is felled or within such extended time as the Tree Officer may allow.
(6) Notwithstanding anything contained in sub-sections (1) to (5) but subject to such conditions and restrictions as may be prescribed, for bona fide domestic use of a family, one or more members of such family may, if they are otherwise entitled to do so, in the aggregate, fell, in a calendar year, such number of trees as would fetch 1[not more than 2.8 cubic metres of timber and five tonnes of firewood.]
22. Sub-section (7) inserted by Act No. 21 of 1977, w.e.f. 29-7-1977 [(7) Nothing in this section shall apply to felling of 33. Substituted for the words "casuarina and hopea wightigna trees" by Act No. 39 of 1987, w.e.f. 1-12-1987 [Casuarina, Coconut, Erythrina, Eucalyptus, Glyrecidia, Hopea Wightina, Prosipis, Rubber, Sesbania, Silver Oak and Subabul trees,]]
Section 8A Cancellation or suspension of permission granted under Section 8
11. Section 8-A inserted by Act No. 12 of 1998, w.e.f. 11-5-1998 [The Tree Officer may cancel or suspend the permission granted under Section 8 on any of the grounds specified below, after giving an opportunity of being heard to the grantee and after recording reasons therefor, namely:
(a) furnishing of false or wrong information to obtain permission;
(b) discovery of defects in title;
(c) misuse of felling permission;
(d) non-fulfilment of conditions of felling permission;
(e) violation of any provisions of this Act or the rules or orders made thereunder;
(f) felling of unpermitted trees;
(g) dispute between grantee arid others.]
Section 9 Planting of adequate number of trees
(1) Every owner or occupant of a land shall, within a period of five years from the appointed day or within such extended period as the Tree Authority may specify, plant trees so as to conform to the standards prescribed by the said Tree Authority under clause (c) of Section 7.
(2) If in the opinion of the Tree Officer the number of trees in any land is not adequate according to the standards referred to in sub-section (1), the Tree Officer may, by order giving a reasonable opportunity to the owner or occupier of the land of making representation, require him to plant such trees, or additional trees, as the case may be, and at such places in the land as may be specified in the order.
(3) The owner or occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow in this behalf.
Section 10 Planting in place of fallen or destroyed trees
(1) Where any tree has fallen or is destroyed by wind, fire, lightning, torrential rain or such other natural causes, the Tree Officer may suo motu or on information given to him, after holding such enquiry as he deems fit, by order, require such owner or occupier to plant a tree or trees in place of the tree so fallen or destroyed, of the same or other species at the same or other suitable place as may be specified in the order.
(2) The owner or the occupier of the land shall comply with such order within thirty days from the receipt thereof or such extended time as the Tree Officer may allow.
Section 11 Preservation of trees
Subject to the provisions of Section 12, it shall be the duty of the owner or occupier of the land who is required by an order under Section 8, Section 9 or Section 10 to plant a tree or trees to ensure that they grow properly and are well preserved.
Section 12 Adoption of trees
Notwithstanding anything contained in mis Act or in any other law for the rime being in force, the Tree Authority may, subject to such terms and conditions as it may specify in mat behalf, permit any individual, body corporate or institution to adopt any tree for such period as may be specified therein and during such period the said individual, body corporate or institution shall be responsible for the maintenance and preservation of the said tree.
Section 13 Recovery of expenditure on failure to comply with order for planting trees
Where the owner or occupier fails to comply with an order made by the Tree Officer under Section 8, Section 9 or Section 10, the Tree Officer may, after giving a reasonable opportunity to such owner or occupier of making representation and without prejudice to any other action which may be taken against the defaulter under mis Act take necessary action himself and recover the expenditure incurred therefor from the owner or the occupier, as the case may be. If such expenditure is not paid within the time specified by the Tree Officer, the amount along with interest at six per cent per annum and other expense, if any, shall be recovered as if it were an arrear of land revenue.
Section 14 Appeal
(1) Against the order of the Tree Officer under Section 8, 11. Inserted by Act No. 12 of 1998, w.e.f. 11-5-1998 [Section 8A], Section 9 or Section 10, an appeal shall lie to the Tree Authority.
(2) Such appeal shall be filed within thirty days from the date the decision is communicated to the owner or occupier of the land and shall be accompanied by a fee of one hundred rupees.
(3) The Tree Authority shall decide the appeal after giving to the appellant a reasonable opportunity of being heard. The decision of the Tree Authority shall be final.
(4) Where an appeal is made in time, the period for compliance specified in the order of the Tree Officer shall be reckoned from the date on which the appeal is decided against the appellant and where the appeal is allowed the fee paid under sub-section (2) shall be refunded to the appellant.
(5) Every appeal shall be heard by not less than three members of the Tree Authority.
CHAPTER 6 Penalties and Procedure
Section 15 Seizure of property
Where the Tree Officer has reason to believe that an offence under this Act is committed in respect of any tree, he may seize the tools and any boats, vehicles or other conveyances or animals used for the commission of the said offence along with the tree or part thereof which has been severed from the ground or the trunk, as the case may be.
Section 15A Powers of Tree Officer in the matter of investigation
11. Sections 15-A and 15-B inserted by Act No. 20 of 2000, w.e.f. 4-10-2000 [(1) Any Tree Officer within such area as the State Government may, by notification specify, may as regards offences under Section 22 exercise powers conferred on an officer in-charge of a police station by the provisions of the Code of Criminal Procedure, 1973:
Provided that any such power shall be subject to such restrictions and modifications, if any, as the State Government may specify.
(2) For the purposes of S.156 of the Code of Criminal Procedure, 1973, the area in regard to which the Tree Officer is empowered under sub-section (1), shall be deemed to be a police station and such officer shall be deemed to be the officer-in-charge of such station.
Section 15B Report by Tree Officer
If, on any investigation by a Tree Officer empowered under sub-section (1) of Section 15A, it appears that there is sufficient evidence to justify the prosecution of the accused, the Investigating Officer shall submit a report (which shall, for the purposes of S.190 of the Code of Criminal Procedure, 1973 be deemed to be a police report) to a Magistrate having jurisdiction to enquire into or try the case and empowered to take cognizance of offences on police reports.]
Section 16 Power to release property seized under Section 15
The Tree Officer may release the properties seized under Section 15 if the owner or occupier executes a bond for their production whenever required.
Section 17 Power to arrest without warrant
(1) Any Tree Officer may arrest without warrant any person reasonably suspected of having been concerned in any offence under this Act, if such person refuses to give his name and residence or gives a name or residence which the Tree Officer has reason to believe is false or if he has reason to believe that the person will abscond.
(2) Any person arrested under this section shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest Magistrate having jurisdiction in the case within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.
Section 18 Power to release a person arrested
Any Tree Officer who has arrested any person under the provisions of Section 17 may release such person on his executing a bond with proper surety to appear, if and when so required, before the Magistrate having jurisdiction in the case, or before the Police or the Tree Officer concerned.
Section 19 Power to prevent commission of offence
Every Tree Officer or his subordinates or any forest, revenue or Police Officer shall prevent and may interfere for the purpose of preventing, the commission of any offence un- der this Act.
Section 20 Operation of other laws not barred
Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or from being liable under such other law to any higher punishment or penalty than that provided by this Act or the rules made thereunder: Provided that no person shall be punished twice for the same offence.
Section 21 Power to compound offences
(1) The State Government may, by order, empower a Tree Officer,
(a) to compound on payment of a sum 1[equivalent to twenty-five per cent of the value of the property involved in the offence] any offence under this Act;
(b) to release any property seized or liable to confiscation, on payment of the value thereof, as estimated by such officer.
(2) On the payment of such sum or such value or both, as the case may be, to such officer, the offender, if in custody, shall be released. The property, if any, seized shall be released and no further proceedings shall be taken against such offender or property.
Section 22 Penalty
Any person who contravenes any of the provisions of this Act or orders made thereunder shall, on conviction, be punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both. Upon such conviction the Court may order any property in respect of which the offence is committed to be forfeited to the State Government.
Section 22A Offences by companies
11. Section 22-A inserted by Act No. 12 of 1998, w.e.f. 11-5-1998 [(1) If the person committing an offence under this Act is a company, the company as well as every person incharge of and responsible to the company for the conduct of its business at the time of the commission of the offence shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in mis sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this section has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any neglect on the part of any Director, Manager, Secretary or other officer of the Company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.For the purpose of this section.
(a) "Company" means any body corporate and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm, means "a partner in the firm.]
CHAPTER 7 Miscellaneous
Section 23 Rules
(1) The State Government may, by notification, make rules to carry out, the purposes of this Act.
(2) Every rule made under mis Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, bom Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date on which the modification or annulment is notified by the Government in the Official Gazette have effect 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 to the validity of anything previously done under such rule.
Section 24 Indemnity
No suit, prosecution or other legal proceedings shall lie against any officer for anything done or omitted to be done by him in good faith under this Act or the rules or orders made thereunder.
Section 25 Investing Tree Officer with certain powers
(1) The State Government may, by notification, invest the Tree Officers and other officers with all or any of the following powers, namely.
(a) power to enter upon any land and to survey, demarcate and make a map of the same;
(b) powers of a Civil Court to compel the attendance of witnesses and the production of documents and material objects;
(c) power to issue a search warrant under the Code of Criminal Procedure, 1973;
(d) power to hold inquiries into offences under the Act and in the course of such inquiry to receive and record evidence;
(e) power to take possession of property under the Act;
(f) power to direct release of property or withdrawal of charges;
(g) power to insist any person to plant tree or trees of suitable species in adequate numbers on any land owned or occupied by him.
(2) Any evidence recorded under clause (d) of sub-section (1) shall be admissible in any subsequent trial before a Magistrate if such evidence has been taken in the presence of the accused person and recorded in the manner provided by S.355 of the Code of Criminal Procedure, 1973, S.356 of the Code of Criminal Procedure, 1973 or S.357 of the Code of Criminal Procedure, 1973
Section 26 Transit of felled materials
The provisions of S.50 of the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964), and Chapter XVI of the Karnataka Forest Rules shall, mutatis mutandis, apply to the transit of the felled trees under this Act.
Section 27 Power of State Government and the Tree Authority to give directions
The State Government may from time to time give to the Tree Authority or any Tree Officer and officers subordinate to him and the Tree Authority may give to the Tree Officer or officers subordinate to him, such general or special directions regarding the discharge of their functions and for carrying out effectively the purposes of this Act and such Tree Authority or Tree Officers shall comply with the directions issued.
Section 27A Exemption of certain areas from operation of this Act
11. Section 27-A inserted by Act No. 14 of 1979 and shall be deemed to have come into force w.e.f. 22-9-1978 [The State Government may, by notification and subject to such restrictions and conditions as may be specified in such notification, exempt any area or areas from the provisions of mis Act.]
Section 28 Karnataka Forest Act, 1963 not affected
Nothing in mis Act shall be deemed to affect the operation of the Karnataka Forest Act, 1963 or the Karnataka Land Revenue Act, 1964 and the rules made thereunder and the provisions of this Act shall be in addition to and not in derogation of the provisions of the said Acts and rules.
Section 29 Repeal of Karnataka Ordinance No. 14 of 1976
(1) The Karnataka Preservation of Trees Ordinance, 1976 (Karnataka Ordinance No. 14 of 1976) is hereby repealed.
22. Sub-section (2) shall be and shall be deemed always to have been substituted by Act No. 14 of 1979. [(2) Notwithstanding such repeal any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under the said ordinance shall be deemed to have been taken, made or issued under this Act and shall continue in force accordingly unless and until superseded by any action taken or any appointment, notification, order, scheme, rule, form or bye-law made or issued under this Act.]
SCHEDULE 1 SCHEDULE
[See Section 2(i)]
Areas comprising lands under [x x x x x], tea, rubber, [x x x x x] or cinchona cultivation including wood-lots and lands belonging to the State Government and released in favour of others.
SCHEDULE 2 SCHEDULE
[See Section 2(i)]
Areas comprising lands other man those included in Schedule 1.
RULE:
KARNATAKA PRESERVATION OF TREES RULES, 1977
In exercise of the powers conferred by Section 23 of the Karnataka Preservation of Trees Act, 1976 (Karnataka Act 76 of 1976), the Government of Karnataka hereby makes the following rules, namely.
Rule 1 Short title and commencement
(1) These rules may be called the Karnataka Preservation of Trees Rules, 1977.
(2) They shall come into force at once.
Rule 2 Definitions
(1) These rules, unless the context otherwise requires.
(1) "Act" means the Karnataka Preservation of Trees Act, 1976 (Karnataka Act 76 of 1976);
(2) "Chairman" means the Chairman of the Tree Authority;
(3) "Form" means form appended to these rules;
(4) "Section" means section of the Act.
Rule 3 Tree Authority
(1) The Chairman, if for any reason is unable to attend any meeting, any other member chosen by the members present at the meeting shall preside over the meeting.
(2) All questions which come up before the meeting of the Tree Authority shall be decided by the majority of votes the members present and voting and in the event of equality of votes, the Chairman or in his absence, the person presiding, shall have a second or casting vote.
(3) A member shall not take part in the discussion of or voting on any matter in which he has directly or indirectly any interest.
(4) Every Tree Authority shall have a Secretary appointed by the Chief Conservator of Forests (General) from among the officers of the Forest Department.
(5) The Secretary shall.
(a) convene meetings of the Tree Authority at such place and time as may be directed by the Chairman and shall draw the proceedings of every such meeting which shall be signed by the Chairman and the members present;
(b) maintain a register of appeals received indicating therein name of the appellant and other relevant particulars;
(c) on receipt of the appeal petitions, filed before the Tree Authority, in consultation with the Chairman, notify and communicate to the parties concerned the date of hearing of such appeal;
(d) communicate to the parties concerned the orders of the Tree Authority, on the appeal petitions;
(e) perform such other duties and functions as may be entrusted to him by the Tree Authority and the Chairman.
Rule 4 Felling of Trees
(1) Every application under sub-section (2) of S.8 OF THE Karnataka Preservation of Trees Act, 1976 for permission to fell a tree shall be in Form I.
(2) Every person desiring to fell trees for bona fide domestic use under sub-section (6) of S.8 OF THE Karnataka Preservation of Trees Act, 1976 shall before felling the trees intimate the Tree Officer in writing the approximate quantity of trees proposed to be felled and the land from which it is proposed to fell the same. After felling the trees he shall again intimate the Tree Officer about the quantity of trees felled.
(3) No tree felled under sub-section (6) of S.8 OF THE Karnataka Preservation of Trees Act, 1976 shall be used for any purpose other than the one specified in the said sub-section.
Rule 5 Appeal
(1) Every appeal under S.14 OF THE Karnataka Preservation of Trees Act, 1976 shall be in the form of a memorandum signed by the appellant setting forth concisely the grounds of objections to the order appealed against and shall be accompanied by the original or a certified copy of such order, six copies of the memorandum and treasury receipt for having paid the fee specified in sub-section (2) of S.14 OF THE Karnataka Preservation of Trees Act, 1976 and shall be presented to the Tree Authority or the Secretary thereof by the appellant or his agent duly authorised in writing.
(2) On receipt of the memorandum of appeal, the Tree Authority shall call for the records of the case from the Tree Officer and after receipt of the records the Tree Authority shall notify the date of hearing of the appeal to the appellant.
APPENDIX 1 FORM OF APPLICATION
FORM [See Rule 4(1)]
FORM I
[See Rule 4(1)]
FORM OF APPLICATION
From.
To
The Tree Officer
Sir,
I/We the owner/s
occupant/s of the Sy. Nos .. of Village .. Taluk..
District residing in .. intend to fell and remove ...Tree
as detailed below. I/We am/are furnishing herewith the following particulars
along with the certified copies of the extracts of revenue records and
certificates prescribed in Government Circular No. RD 10 LGN 73, dated 4th
June, 1973 from the Revenue Officers and the Survey Sketch certified by the
Assistant Superintendent of Land Records in support of the proof that I/We have
the right to the land and the tree growth in question for your reference and
further action.
1. Sy. No. and extent of the land from which the trees are to be felled, 2. Location of the Sy. No. with Sy. Sketch. 3. Whether the boundary of Sy. No. is clear and demarcated properly on the ground. 4. The number and kind of trees intended to be felled with girth of each tree (detailed list to be attached). 5. The purpose for which the trees are to be felled (specific mention to be made about the purpose). 6. Khata extract and Certificate from the Tahsildar regarding the tenure of the Land (Hiduvali, Darkhast, Inam, Lease, Coffee/Cardamum, Malki, Bane and so on and whether the tree growth is redeemed or unredeemed) and the right over the Land and Tree growth. 7. Whether any tree proposed to be felled is reserved to Government, if so, details may be given. 8. Whether unconditional consent of the other owners having share in the right to land and the trees if any is obtained (proof thereof to be enclosed). 9. Whether the licence or certificate in respect of the following is enclosed in case the purpose of felling is for. (i) Coffee cultivationCertificate from Coffee Board; (ii) Rubber Cultivation-Certificate from Rubber Board; (iii) Cardamum.CultivationCertificate from Cardamum Board; (iv) For construction of buildingCertificate from Village Panchayat or Executive Officers of the Municipality as the case may be.
I/We therefore, request
you to accord permission to fell the trees from Sy. No. mentioned above.
I/We am/are prepared to
furnish other particulars if any required and demanded by the Tree Officer in
this regard during the course of enquiry.
I/We agree to abide by
the provision of the Karnataka Preservation of Trees Act, 1976. and the
Karnataka Forest Act, 1963 and the rules made thereunder and such other
conditions that may be imposed by the Tree Officer.
I/We do hereby agree to
indemnify Government of Karnataka against any loss or damage caused on account
of permission accorded to me by the Tree Officer based on erroneous or wrong
information furnished by me.
Yours faithfully,
(Applicant) |
