Chapter V RESTRICTION ON FELLING OF TREES AND LIABILITY FOR PRESERVATION 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: Provided that 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 numbers, the numbers, 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 (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 bonafide use of the applicant. (vii) felling is more than 50 that are necessitated for any public purpose like road widening, construction of road, canal, tanks, buildings etc., subject to condition that permission is issued after issue of public notice to invite objections from the public and the same is considered by the Tree Officer (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) measurements 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 bonafide use of a family, one or more members of such family may, in the aggregate fell, in a calendar year, such number of trees as would fetch not more than 2.8 cubic meters of timber, 100 poles, 100 bamboo and 5 tons of firewood. (7) Nothing in this section shall apply to felling of Casuarina, Coconut, Erythrina, Eucalyptus’, Glyrecidia, Hopea Wightina, Prosipis, Rubber, Sesbania, Silver Oak subabul trees, Areca nut, Coffee, Guava, Hebbevu (melia dubia), Ailanthus excelsa, Lemon, Maeopsis eminii, Mango, Sapota, Seemegala (Dendracalamus stocksii), Burma Bamboo (Bambusa burmanica) , Yellow Bamboo (Phyllostachys aurea), Acacia mangium, Acacia Hybrid, Acrocarpus fraxnifolius (Belanji) and Cashew.

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 and others.

(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.

(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.

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 sections 8, 9 or 10 to plant a tree or trees to ensure that they grow property and are well prescribed.

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, 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.

Where the owner or occupier fails to comply with an order made by the Tree Officer under sections 8, 9 or 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 this 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 expenses, if any, shall be recovered as if it were an arrear of land revenue.

(1) Against the order of the Tree Officer under section 8, 8A, 9 or 10, an appeal shall lie to the Tree Authority. (2) Such appeal shall be field 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.