section 39
Responsibilities of occupants and holdings of the land for preservation of trees
The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988Environmental198892 sections10 chapters
Chapter V CONTROL AND MANAGEMENT OF PRIVATE FORESTS
Statutory text
39. (1) Every occupant or holder of land shall be responsible for the due preservation of all trees growing thereon and shall in the event of any injury to any tree from whatever cause or its theft, at once report such fact to the nearest forest officer.-
- (2) Any occupant or holder who fails to report any such case of injury or theft as aforesaid or to prove to the satisfaction of such officer of the rank not below to that of a Range Officer that such injury or theft has not been caused either by his own act or by neglect or default on his part or by any other person at his instigation or with his connivance shall, notwithstanding any other penalty to which he may be liable, be liable to pay such compensation on account of such injury or theft as the Range Officer may deem reasonable: Provided that the Range Officer may, in cases in which he is satisfied that the person responsible for the act, neglect, default, instigation or connivance resulting in the injury or theft, is a tenant of the occupant or holder or any other person holding under or through a tenant or occupant or holder, direct that such tenant or occupant or holder or other persons shall be liable for compensation or, be proceeded against in the first instance for recovery thereof.
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