Chapter VII Chapter VII

Miscellaneous

duties or functions under this Act shall be deemed to be public servants within the meaning of section Central Act 21 of the Indian Penal Code. 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 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, wihtout prejudice to any other mode of recovery under any law for the being in force, be recoverable from him as an arrear of land revenue.

Government, a Government forest under the control of the Forest Department, a forest or forest land notified under the Central Act Indian Forest Act, 1927. 16 of 1927.

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 spects 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.

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; 2 of 1974.
   • (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 possesion 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.
2. (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 Central Act Code of Criminal Procedure, 1973. 2 of

Forest Act, 1927 and CHAPTER V of the 16 of 1927.

Power of the Government to give direction.- 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

Power to make rules.- 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 provision of this Act shall be in addition to and not in derogation of the prrovisions 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 thing or action was done or taken.