Chapter VII Chapter VII

Miscellaneous

The officers exercising powers or discharging any duties or functions under the Act shall deemed to be public servants within the meaning of section 21 of the Indian Panel Code. (Central Act 45 of 1860).

Bar of Proceedings. --- 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 omitted to be done in good faith under this Act or the rules and orders made thereunder.

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 any law for the time being in force, be recoverable from him as an arrear of land revenue.

Power of the Government to exempt.----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 Act.

Power of the Government for Preservation of Trees. --- 1. The Government may in the interest of general pubic, declare by notification that any class of trees shall not be felled for such period as its specified in that notification. 2.

Investing Trees Officers with certain powers Investing Trees Officers with certain powers.---- 1. The Government may, by notification invest the Tree Officers and other officers Tree Officers and other officers with all or any Central Act 2 of 1974. 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 ti issue a search warrant under the Code of Criminal Procedure, 1973; d. Power to hold enquiries into offence under the Act and in the course of such enquiry 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.

Transit of felled material Transit of felled material.---The provisions of sections 41 and 42 od the Indian Forest Act, 1927 shall mutatis mutandis, apply to the transit of the felled trees under this Act.

Power of the Government to give directions. ---The Government may, from time to time give to the Trees 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 purpose of this Act, and such Tree Officers and other officers shall comply with the directions issued.

Power to make rules. 1. The Government may, after previous publication make, by notification, in the official Gazette, rules to carry out the purpose of this Act. 2. In particulars 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;-------(section 9) b. specifying the manner for recovery of the expenditure by tree officers from owners who default to protect trees from damage; ------- (section 11) c. Specifying the manner for recovery of plantation from persons who fail to plant trees; -------(section 12) d. Regulating the procedure for disposal of appeal by the Appellate Authority;------- (section 14) e. Specifying the manner of disposal of forfeited timber, other produce from the trees, tools and implement, etc; -------(section 16) f. Prescribing the form of bond to be executed by an owner in case of release of property seized under section 15; -------(section 17) g. Specifying the manner of regulating the management of class of trees felling of which for specified period is prohibited; -------(section 30) h. Any other matter which is to be, or may bed, prescribed under this Act. 3.

Provision of this Act to be in addition to any other law for the time being inforce Provision of this Act to be in addition to any other law for the time being inforce.---Nothing in this Act shall be deemed to effect the operation of any other law and the rules made there under 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 there under.