Chapter VII Chapter VII

Miscellaneous

duties or functions under the Act, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (Central Act 45 of 1860).

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

Execution of order for payment of money.-Any sum, including any amount of 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.

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

Power of the Government for preservation of trees.-(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.

1. (2) The management of such trees shall be regulated in the prescribed manner.

(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 witness 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); (d) power to hold enquiries into offence 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; 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. (a) power to enter upon any land and to survey, demarcate and make a map of the same;
2. (b) powers of a civil court to compel the attendance of witness and the production of documents and material objects;
3. (c) power to issue a search warrant under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
4. (d) power to hold enquiries into offence under the, Act and in the course of such inquiry to receive and record evidence;
5. (e) power to take possession of property under the Act;
6. (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.

Act, 1927 (Central Act 16 of 1972) shall mutatis mutandis, apply to the transit of the felled trees under this Act.

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.

(1) The Government may, after previous publication make, by notification, in the Official Gazette, rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: (a) specifying attested copies of documents to be attached with application for obtaining permission to fell, cut, remove or otherwise dispose of a tree and prescribing the form in which such permission shall be granted; (b) specifying the manner for recovery of the expenditure by Tree Officer from owners who default to protect trees from damage; (c) specifying the manner for recovery of cost of plantation from persons who fail to plant trees; (d) regulating the procedure for disposal of appeal by the Appellate Authority; (e) specifying the manner of disposal of forfeited timber, other produce from the trees, tools and implement etc.; (f) prescribing the form of bond to be executed by an owner in case of release of property seized under section 15; (g) specifying the manner of regulating the management of class of trees felling of which for specified period is prohibited; (h) any other manner which is to be, or may be, prescribed under this Act. (3) Every rule made by the Government under this Act, shall be laid as soon as may be after it is made, before the Legislative Assembly.

1. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
   • (a) specifying attested copies of documents to be attached with application for obtaining permission to fell, cut, remove or otherwise dispose of a tree and prescribing the form in which such permission shall be granted;
   • (b) specifying the manner for recovery of the expenditure by Tree Officer from owners who default to protect trees from damage;
   • (c) specifying the manner for recovery of cost of plantation from persons who fail to plant trees;
   • (d) regulating the procedure for disposal of appeal by the Appellate Authority;
   • (e) specifying the manner of disposal of forfeited timber, other produce from the trees, tools and implement etc.;
   • (f) prescribing the form of bond to be executed by an owner in case of release of property seized under section 15;
   • (g) specifying the manner of regulating the management of class of trees felling of which for specified period is prohibited;
   • (h) any other manner which is to be, or may be, prescribed under this Act. (3) Every rule made by the Government under this Act, shall be laid as soon as may be after it is made, before the Legislative Assembly.

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.