Chapter V Chapter V

Restrictions on felling and removal of trees and liabilities for preservation of trees

Notwithstanding anything contained in any other law for the time being in force or in any custom or usage or contract and except as provided in this Act or the rules made thereunder, no person shall fell or remove or dispose off any tree or forest produce in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer: Provided that if the tree is not immediately felled, there would be grave danger to life or property or traffic, the owner of the land may take immediate action to fell such tree and report the fact to the Tree Officer within twenty-four hours of such felling.

coconut palm to replace the same with new ones, or removal of coconut palm which are likely to cause damage to life or property, may apply to Agriculture Officer, having jurisdiction of area, who shall deal with the prescribe.]

(1) Any person desiring to fell or remove or otherwise dispose off by any means a tree, shall make an

application to the concerned Tree Officer for permission and such application shall be accompanied by attested copies of the documents as may be prescribed in support of ownership over the land, the number and kind of trees to be cut, their girth measured at a height of

3[1 meter] from ground level and the reasons therefor, survey sketch showing clearly the site and survey numbers of the property.

1. (2) On receipt of the application, the Tree Officer may, after inspecting the tree and holding such enquiry as he may deem necessary, either grant permission in whole or in part or for reasons to be recorded in writing refuse permission: Provided that such permission shall not be refused if the tree — (i)is dead, diseased or wind-fallen; or (ii)is silviculturally mature provided it does not occur on a steep slope; 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 (vi)is required in rural areas to be cut with a view to appropriating the wood or leaves thereof or any part thereof for bonafide use for fuel, fodder, agricultural implements or other domestic use.
2. (3) The Tree Officer shall give his decision within sixty days from the date of receipt of the application: Provided that no permission shall be granted to any person from the same area on more than two occasions during the same year subject to a maximum area of one hectare at a time.
3. (4) If the Tree Officer fails to communicate his permission or refusal within the period specified under sub-section (3), the permission referred to in section 8 shall be deemed to have been granted. 11[
4. (5) Every permission granted under this Act shall be in such form and subject to such conditions, including charging of a tree felling fee and taking of security deposit for ensuring regeneration of the area and re-plantation of trees or otherwise, as may be prescribed.]

Every person, who is granted permission under section 9 of this Act to fell or dispose off any tree, as specified in clause (j) of section 2 of this Act, shall be bound to plant/replant such number and kind of trees in the area from which the tree is felled or disposed off by him under such permission, as may be directed by the Tree Officer.] Provided that the Tree Officer may, for reasons to be recorded in writing, permit lesser number of trees to be planted or trees to be planted in any different area or exempt any person from the obligation to plant or tend any tree.

1. (1) Every owner of land shall, within a period of two years from the date of commencement of this Act or within such extended period as the Tree Authority may specify in this behalf, plant trees in blank areas so as to conform to the standards specified by it under clause (c) of section 7. (2)Where the Tree Officer is of the opinion that the number of trees in any land is not adequate according to the standards referred to in sub-section (1), he may issue a notice to the owner of such land to show cause as to why trees as may be specified in such notice should not be planted in such land. (3)The notice referred to in sub-section (2) shall be given in such form and shall contain such particulars and shall be served in such manner as may be prescribed. (4)The Tree Officer may, after considering the cause, if any, shown by the owner of such land, direct him to plant such number and class of trees as may be specified in the direction.

1. (1) Subject to the provisions of section 14, it shall be the duty of the owner of the land to comply with an order made under section 9, or a direction issued under section 10 or section 11 and to plant trees in accordance with such an order or direction and to ensure that they grow well and are well preserved.
2. (2) All the owners shall effectively protect all the trees growing in the lands or the areas under their control and where the Tree Officer is of the opinion that adequate measures have not been taken to protect the trees from any damage, he may direct the owner to take such measures as are considered necessary to protect trees from damage. In case of default, the Tree Officer may himself arrange such measures and recover the expenditure thereon from the owner in the prescribed manner. 13[12-A.— Removal of trees, etc., which are in ruinous state or likely to fall.— (1) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Tree Officer or the Deputy Collector having jurisdiction over their respective areas, if it appears to him 14[at any time that any tree, including coconut tree, over any land] or its branch or a part thereof is in ruinous state or is in such condition that it is likely to fall and thereby cause injury to a person living or carrying on business in the neighbourhood or passerby or to a building or house or any public place, he may, by written order require the person owning or possessing such tree to lop or cut down such tree or portion of a tree, which is in such condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by: Provided that no order under sub-section (1) shall be made unless the owner or occupier of land has been given a reasonable opportunity of being heard in the matter in person or by his agent in support of his objections: Provided further that where the Tree Officer or the Deputy Collector in consultation with the Tree Officer is of the opinion that there is likelihood of the tree or any portion thereof falling and causing injury or danger to persons and danger is of hourly imminence and it is not expedient to provide opportunity to file objection, he may, for reasons to be recorded in writing, issue order directing the person owning or possessing such tree, to cut down and remove such tree or any portion thereof forthwith or within the time as fixed in the order and if he fails to do so the Tree Officer or the Deputy Collector, as the case may be, will take all necessary steps towards its removal.
3. (2) Every order required to be issued under sub-section (1) of section 12-A of the Act shall be deemed to be duly served,—
   • (i) where the person to be served is residing in the house, at the place of his residence or in case of company, if order is addressed in the name of company, at its registered office or at it’s principal office or place of business and is either,— (a)sent by registered post; or (b)delivered at it’s registered office or at it’s principal office or place of business; or (c)is given or tendered to him; or (d)if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed at some conspicuous part of structure or tree or building, if any, to which it relates.
4. (3) Whoever fails to comply with any directions issued under sub-section (1) within a period as specified in the said order, the Tree Officer or the Deputy Collector appointed by the Government in this behalf, shall take all reasonable steps to cut, or remove such tree or any portion thereof which causes obstruction or nuisance or is likely to endanger life or property of any person, to remove the same at the cost and charges of the owner or occupier of the land or of the tree and all expenses incurred thereof shall be recovered as arrears of land revenue under the Goa Land

Implementation of order made or directions given under sections 9, 10 and 11 and recovery of expenditure on failure to comply with them.— (1) Every person who is under an obligation to plant trees under an order made under section 9 or a direction given under section 10 or section 11 shall start preparatory work within thirty days of the date of receipt of the order or direction, as the case may be, and shall plant trees in accordance with such order or direction in the ensuing or following rainy season or within such extended time as the Tree Officer may allow and shall provide adequate and effective protection to the trees that exist or are planted in the land or the area from any damage.

1. (2) In case of default by such person, the Tree Officer may cause trees to be planted and may recover the cost of plantation from such person in the prescribed manner.

Notwithstanding anything contained in this Act or in any other law for the time being in force, the Tree Authority may, subject to such terms and conditions as it may specify in that behalf, after giving notice to the owner of the tree to show cause, if any, as to why the tree should not be given in adoption, allow, by a written permission, any body corporate or institution to adopt the tree for such period as may be specified in the permission and during such period, the said body corporate or institution shall be responsible for the maintenance and preservation of the said tree.

1. (1) An appeal shall lie against the order or direction of the 15[Tree Officer or the Deputy Collector, as the case may be], under sections 9, 10, 11, and 16[12 and 12 A] to the Appellate Authority within a period of thirty days: Provided that an appeal may be admitted after the expiry of the said period of thirty days if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within that period. (2)Every appeal under this section shall be made by a petition in writing and shall be accompanied by a copy of the order or direction appealed against and shall be accompanied by 17[a fee as may be prescribed by the Government from time to time]. (3)In disposing of an appeal, the Appellate Authority shall follow such procedure as may be prescribed: Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.