Chapter VII Chapter VII

Miscellaneous

The officers exercising powers or discharging any duties or functions under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

No suit or proceedings shall lie against the Government or any person empowered to exercise power or to perform duties or discharge functions under this Act, for anything done or purporting to be done or omitted to be done in good faith under this Act or the rules and orders made thereunder.

Any sum, including any amount for composition of an offence, the payment of which has been directed to be made by any person under this Act shall, without prejudice to any other mode of recovery under any law for the time being in force, be recoverable from him as an arrear of land revenue.

Nothing in this Act shall apply to the Government, a Government forest under the control of the Forest Department, a forest or forest land notified under the Indian Forest Act1927.

Subject to such conditions, if any, as may be imposed, the Government may, if it considers it necessary so to do in the public interest, by notification, exempt any area or any species of trees from all or any of the provisions of this Act.

1. (1) The Government may in the interest of general public, declare by notification that any class of trees shall not be felled for such period as is specified in that notification.
2. (2) The management of such trees shall be regulated in the prescribed manner.

The Government may, by notification in official Gazette, specify the terms and conditions for carrying out commercial Plantation in the State of Goa and exempt such areas from the provision of this Act.]

1. (1) The 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; Central Act 2 of 1974.

1. (d) power to hold enquiries into offences under the Act and in the course of such enquiry to receive and record evidence; (e)power to take possession of property under the Act;
2. (f) power to direct release of property or withdrawal of charges; and (g)power to require any person to plant tree or trees of suitable species in adequate numbers on any land owned or occupied by him.

1. (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 section 274, section 276 or section 277 of the Code of Criminal Procedure, 1973.

Central Act 2

of 1974.

The provisions of section 41 of the Indian Forest Act, 1927 and Chapter V of the Goa, Daman and Diu Forest Rules, 1964 shall mutatis mutandis, apply to the transit of the felled trees under this Act. Central Act 16 of 1927

The Government may from time to time give to the Tree Officers, other officers of the Tree Authority and officers subordinate to them general or special directions regarding the discharge of their functions and for carrying out effectively the purposes of this Act, and such Tree Officers and other officers shall comply with the directions issued.

22[35-A Constitution of tree protection fund.— (1) There shall be constituted a fund to be called the Tree Protection Fund. The following amount shall be paid into and form part of the fund, namely:—

1. (i) all Government grants, donations from company or institutions, fees, charges received by the Tree Officer; (ii)all proceeds of the disposal of tree, if any, by the Tree Officer; (iii)all sums collected by the Tree Officer from such other source as may be decided by the Government. (2)The funds shall be applied for meeting all expenses incurred by the Tree Officer or the Deputy Collector exercising the power under section 12-A, as the case may be, in connection with discharge of his functions under this Act. 35-B (1) Account and Audit.— The Tree Officer and the Deputy Collector exercising the power under section 12-A of this Act shall prepare account and other relevant records and prepare an annual statement of account in such form as may be prescribed by the Government in consultation with the Director of Accounts, Government of Goa. The account maintained under this section shall be audited by the Directorate of Accounts, Government of Goa at such intervals as may be specified by the Government and any expenditure incurred in connection with such audit, shall be payable by the Tree Officer to the Directorate of Accounts from the fund so created.

1. (2) The Account of Tree Protection Fund as certified by the Directorate of Accounts or any other person appointed by it in this behalf, together with audit report thereon, shall be forwarded annually to the Government and the Government shall cause the same to be laid before the State Legislative Assembly.]

The Government may, by notification, make rules to carry out the purposes of this Act.

— Nothing in this Act shall be deemed to affect the operation of any other law 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 Act and rules made thereunder.

1. (1) The Goa, Daman and Diu Preservation of Trees (No. 2) Ordinance, 1984 (Ordinance No. 2 of 1984) is hereby repealed.
2. (2) Notwithstanding such repeal anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.