The Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005

THE KERALA PROMOTION OF TREE GROWTH IN NON-FOREST AREAS ACT, 2005

(Act 46 of 2005)

(1) This Act may be called the Kerala Promotion of Tree Growth in Non-Forest Areas Act, 2005. (2) It extends to the whole of the State of Kerala. (3) It shall come into force at once. (4) It shall apply to all non-forest lands in the State.

In this Act, unless the context otherwise requires,— (a) “Government” means the Government of Kerala; (b) “Local Self Government Institution” means a Panchayat at any level constituted under the Kerala Panchayat Raj Act, 1994 (13 of 1994) or a Municipality constituted under the Kerala Municipality Act, 1994 (20 of 1994); (c) “Non-Forest land” includes all private lands, lands vested in or transferred to or purchased by the Local Self Government Institutions, but does not include Cardamom Hill Reserve lands, lands declared or deemed to have been declared as reserve forest or any other forest land or land assigned to Scheduled Tribes under any law, for the time being in force and paddy fields; (d) “prescribed” means prescribed by rules made under this Act; (da) ‘Schedule’ means the Schedule appended to this Act; (db) ‘small holder’ means the owner of a non-forest land not exceeding one hectare in extent as on the date of coming into force of the Kerala Promotion of Tree Growth in Non-Forest Areas (Amendment) Act, 2007(Act 19 of 2007); (e) “specified tree” means “Sandal wood (Santalum album)”, Teak (Tectona grandis), Rosewood (Dalbergia latifolia), Irul (Xyliaxylocarpa), Thempavu (Terminalia tomantosa), Kampakam (Hopea Parviflora), Chadachi (Grewia tiliaefolia), Chandana vempu (Cedrela toona), Vellakil (Dysoxylum malabaricum) or Ebony (Diospyrus sp.); (f) “State” means the State of Kerala; (g) “tree” means any woody plant, whether fruit bearing or not, and includes bamboos.

(1) Every owner of non-forest land shall be free to plant trees in his land, as may be appropriate and generally contribute to the increase of tree cover in his land, in addition to any crop he may have grown over such land. (2) Every Department of the Government, every public sector undertaking and every Non-Governmental Organization shall be free to plant trees in the non-forest lands owned, transferred or vested in them.

Notwithstanding anything contained in any other law for the time being in force, the Local Self Government Instifutions shall promote tree growth in non-forest areas and be responsible for,- (a) the cultivation of saplings in the lands owned or transferred or vested, in them; (b) carrying out census of the existing trees; (c) development and maintenance of nurseries, supply of seeds and saplings at reasonable prices to persons, who are required to plant new trees or to replace trees which have been felled; (d) getting the trees planted or transplanted which are necessitated by the construction of buildings, new roads or widening of existing roads or for safeguarding danger to life and property; (e) organizing demonstrations and extension services for the purposes of this Act and assisting private and public institutions in connection with the planting and preservation of trees; (f) undertaking or executing such schemes or measures, as may be directed, from time to time, by the Government for achieving the objects of this Act.

Notwithstanding anything contained in any other law for the time being in force, the Forest Department shall have the following duties, namely:- (a) to develop, maintain or approve private nurseries, to supply seeds and saplings to all persons who are required to plant new trees or to replace felled trees at reasonable price; (b) to execute the Social Forestry Schemes for tree cultivation through Local Self Government Institutions; (c) to give all technical and other assistance in planting trees; (d) to exercise such other powers and perform such other duties, as are laid down in this Act or the rules made thereunder.

(1) Notwithstanding anything contained in any other law for the time being in force and subject to the other provisions of this Act, every owner of non-forest land in a non-notified area shall have the right to cut and transport any tree, other than sandalwood tree, standing on his land: Provided that the provision of this sub-section shall not apply to trees, if any, reserved by the Government at the time of assignment of such land or trees standing on any land notified under section 5 of the Kerala Preservation of Trees Act, 1986 (35 of 1986) or the areas notified by the Custodian under the Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003 (21 of 2005). (2) For the purpose of this Act the Government may, by notification in the Gazette, appoint such officers not below the rank of a Forest Range Officer as they think fit to be Authorised Officers (referred to as 'Authorised Officer' in this Act) and may assign to them such local limits as the Government think fit. (3) The Government may, with a view to preserve the tree growth in the interest of protecting the ecology or in public interest by notification in the Gazette direct that no tree standing in any area of non-forest land specified in the notification shall be cut, uprooted, burnt or otherwise destroyed except on the ground that the tree constitutes a danger to life or property or is wind fallen: Provided that the small holders in the area notified under this sub-section are free to cut and remove any tree except the specified trees: Provided further that the small holders in the area notified under this sub-section may cut and remove any specified tree other than sandalwood only with the prior permission in writing of the Authorised Officer and such prior permission shall not be required for the cutting and removal of trees except specified trees: Provided also that the owners other than small holders in an area notified under this sub-section may cut and remove any tree other than sandalwood tree only with the prior permission in writing of the Authorised Officer and such permission shall not be required for the cutting and removal of trees mentioned in the Schedule: Provided also that such permission mentioned in the second and third provisos shall not be refused by the Authorised Officer if the tree constitutes a danger to life or property or is wind-fallen. Note:— For the purpose of this sub-section all the mangrove areas or cardamom or coffee plantations shall be deemed to be notified areas. (4) No owner including a small holder shall cut or remove any sandalwood tree in any non-forest area. Such cutting or removal may be done only by the Forest Department in the manner as may be prescribed. (5) Where a specified tree is to be cut or any timber of a specified tree is to be transported from any non-forest land to any other place, the owner of such tree shall, before cutting the tree or transporting the timber, as the case may be, file before the Authorised Officer having jurisdiction over the area, a declaration containing details such as the survey number of the land from which the tree is to be cut, number of trees, species of trees, quantity of timber and the place to which such timber is being transported, either directly or send it by registered post with acknowledgment due. (6) Every declaration filed under sub-section (5) shall be acknowledged by the authorised officer forthwith and a copy of the declaration so acknowledged shall accompany the timber during its transport: Provided that if acknowledgement from the Authorised Officer is not received within twenty days on receipt of the declaration, the same shall be deemed to have been received, if the trees are to be cut and removed from a non-notified area: Provided further that if timber of a specified tree cut as per sub-section (3) is to be transported from a non-forest land within the notified area, necessary inspection shall be conducted by the Authorised Officer and if it is found permissible, he may issue a transport permit in such form as may be prescribed, which shall accompany the timber during its transportation. (7) The cutting and removal of trees standing on non-forest areas, owned, controlled or vested in a Local Self Government Institution and its disposal shall be governed by such rules, as may be prescribed. (8) An appeal against the order of refusal of permission by the Authorised Officer may be preferred before the concerned Divisional Forest Officer/Wild Life Warden within such time and in such manner as may be prescribed. Explanation:— For the purpose of this Act, the term 'timber' wherever used shall include firewood also.

(1) Whoever cuts, uproots, burns or otherwise destroys any tree other than sandalwood in violation of the provisions of this Act or transports any timber contravening the provisions of the section 6 or files a false declaration shall, on conviction be punishable with imprisonment for a term which may extend to six months or with fine which may extend to twenty five thousand rupees. (2) Whoever cuts, uproots, burns or otherwise destroys or transports any sandalwood tree in violation of the provisions of this Act shall, on conviction be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with a fine which shall not be less than fifty thousand rupees, but which may extend to one lakh rupees. (3) All offences under this Act shall be cognizable.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of its business, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that hothing in this sub-section shall render any person liable to punishment if, he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any Director, Manager, Secretary or other Officer of the company, such Director, Manager, Secretary or other Officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section, — (a) “company” means any body corporate and includes a firm, society or other association of individuals; and (b) “director”,— (i) in relation to a firm means a partner in the firm; (ii) in relation to a society or other association of individuals means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or ther associations, as the case may be.

(1) Where any Officer of the Forest Department, not below the rank of a Forester, has reason to beleive that any tree has been cut or any timber has been transported in contravention of section 6, he may seize the timber together with all tools, ropes, chains and other articles used in the commission of such offence and all vehicles, boats or animals used for carrying such timber. Explanation.— The term “Vehicle” and “boat” in this section, sections 10 and 11 shall include all the articles and machinery kept in the vehicle or boat, as the case may be, whether fixed to the same or not. (2) Every Officer seizing any timber under sub-section (1) shall, place on such timber a mark indicating that the same has been so seized and shall, as soon as may be, make a report of such seizure to the Divisional Forest Officer having jurisdiction over the area. (3) The Divisional Forest Offcier to whom a report is made under sub-section (2) shall,- (a) if he is satisfied that the timber mentioned in such report is of any tree transported in contravention of section 6, make a report of the seizure of such timber to the Judicial Magistrate of the First Class, having jurisdiction over the area in which such seizure has been made; (b) if he is not so satisfied, order that such timber and any tool, rope, chain or other article or any boat, vehicle or animal, seized along with it, shall be returned to the person from whom they were seized.

The Divisional Forest Officer, may release any tool, rope, chain or other article or any boat, vehicle or animal seized under section 9 and in respect of which a report has been made to the Judicial Magistrate of the First Class under sub-section (3) of that section, on the execution by the owner thereof of a bond for the prodution of the property so released, if and when so required, before such Magistrate.

Upon the receipt of a report under clause (a) of sub-section (3) of section 9, the Magistrate shall take such measures as may be necessary, for the trial of the accused and the disposal of the timber and tool, rope, chain or other article or any boat; vehicle or animal seized along with it, according to law.

No prosecution shall be instituted against any person without the sanction of the Divisional Forest Officer.

No suit, prosecution or other legal proceedings shall lie against the Government or any officer or authority or any other person for anything which is, in good faith done, or purporting to have been done under this Act or any rule or order made thereunder.

(1) The Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is issued or made, before the Legislative Assembly, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be issued, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette, make such provisions, not inconsistent with the provisions of this Act, which appear to them necessary for the purpose of removing the difficulty. (2) Every such order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly.

[See section 6 (3)] Cutting and removal of trees for which no permission is necessary 1. Coconut 2. Rubber 3. Cashew 4. Tamarind 5. Mango 6. Jack Fruit Tree 7. Kodampuli 8. Matti 9. Arecanut 1 Inserted by the Act 19 of 2007 w.e.f. (w.e.f. 07.08.2006). 10. Konna 11. Seema Konna 12. Nelli 13. Neem 14. Murukku 15. Jathi 16. Albezia 17. Silk cotton 18. Acacia auraculiformis 19. Mangium 20. Anjili 21. Kilimaram 22. Manchadimaram 23. Vatta 24. Palm tree 25. Aranamaram 26. Eucalyptus 27. Seemaplavu 28. Paala.] 17.1[ XXX] ____ 1 Omitted by the Act 19 of 2007 (w.e.f. 07.08.2006).