The Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951

The Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 
 
 
 
 
 
 
 
 
 
 
GOVERNMENT OF GUJARAT 
 
 
 
 
 
 
 
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT  
 
 
 
 
 
 
 
 
 
 
 
 
 
SAURASHTRA ACT No. XVII OF 1951 
 
 
 
 
 
 
 
 
 
The Saurashtra Felling of Trees (Infliction of 
Punishment) Act, 1951. 
 
 
 
 
 
 
 
 
 (As modified upto the 31st May, 2012) 
 
 
 
 
 
 
 
 

[1951 : Sau. XVII                  Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 
 
THE SAURASHTRA FELLING OF TREES  
(INFLICTION OF PUNISHMENT) ACT, 1951 
 
CONTENTS 
PREAMBLE 
 
SECTIONS 
 
1. Short title, extent and commencement. 
 
2. Interpretation. 
 
3. Unauthorised felling of trees prohibited. 
 
4. Appeal. 
 
4-A. Procedure 
 
5. Provision of this Act to be in addition to, and not in derogation of, any other 
law for the time being in force. 
 
6. Fine recoverable as arrear of land revenue. 
 
7. Payment of portion of fine to informer. 
 
8. Persons seeing tree or portion being felled to take felled tree or portion to 
nearest Revenue Officer. 
 
9. Order of disposal of property. 
 
10. Revisional power of Government. 
 
11. Rules. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1951 : Sau. XVII]                  Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 
 
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SAURASHTRA ACT No. XVII OF 19511 
 
[THE SAURASHTRA FELLING OF TREES (INFLICTION OF PUNISHMENT) 
ACT, 1951] 
[ 13th July 1951 ] 
 
Amended by Sau. 28 of 1952. 
Amended by Sau. 27 of 1954. 
Amended by Sau. 21 of 1955 
Adapted and modified by the Bombay (Saurashtra Area) Adaptation of Laws ( State  
and Concurrent Subjects ) Order, 1956. 
Amended by Guj. 9 of 1960. 
 
AN ACT 
to provide for heavier punishment for felling of trees and for certain 
other matters 
 
WHEREAS it is expedient to provide for heavier punishment for the 
unauthorised felling of trees and for certain other matters; It is hereby enacted as 
follows :- 
 
1. (1) This Act may be called the Saurashtra Felling of Trees ( Infliction of 
Punishment) Act, 1951. 
 
2 [(2) It extends to the whole of the State of Gujarat. ] 
  
(3) It shall come into force at once. 
 
2. In this Act, unless there is anything repugnant in the subject or context- 
 
(a) "Collector" means a Collector of the District having jurisdiction. 
 
3*  *  *  *  * 
 
4[ (c) "tree" shall not include shrubs, bushes and such other varieties as  may be 
notified by Government by notification in the Official Gazette ]. 
 
5*  *  *  *  *  
 
 
6[(e) "Code" means— 
 
(i) in relation to the Bombay area and the Saurashtra area of the State of 
Gujarat, the Bombay Land Revenue Code, 1879 ; and 
 
(ii) in relation to the Kutch area of the State of Gujarat, the Bombay 
Land Revenue Code, 1879 as applied to that area ;] : 
 
(f) expressions used, but not defined in this Act, shall have the same meanings 
as are assigned to them in 7[ the Code ]. 
 
3. (1) Notwithstanding anything contained in 8[ the Code ] or in any other law for 
the time being in force in the State- 
 
(a) no person either by himself or through any other person shall, 
without the written permission of the Collector or any other officer 
9[or10] [any Village Panchayat constituted or deemed to be a Village 
Panchayat under the Bombay Village Panchayats Act, 1958]] duly 
empowered in this behalf by the Government, voluntarily fell, 
appropriate or damage, or cause to be felled., appropriated or damaged, 
any tree, or any portion thereof 11[***] 
 
(b) any person who contravenes the provision s of sub -clause (a) shall, 
on conviction by a revenue officer not below the rank of a Mahalkari 
authorised by Government in this behalf, be liable to fine which may 
extend to rupees one thousand 12[and which shall not be less than 
rupees fifty, unless the Revenue Officer inflicting such fine considers it 
Short title, extent 
and 
commencement. 
Interpretation. 
Unauthorised 
felling of trees 
prohibited. 
[1951 : Sau. XVII                  Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 
 
improper, for special reasons to be recorded in wtiting, to inflict such 
minimum amount of fine ]. 
 
13[(2) Nothing contained in sub -section (1) shall apply to the felling, 
appropriating or damaging any branch of babool tree for the purpose of using it 
or causing it to be used for cleaning teeth ]. 
 
4. 14(1) The order of the revenue officer passed under clause (b) of sub- section 
(1) of section 3 shall be final subject to appeal which may be preferred, within 
30 days of the date of communication of such order, to the Collector. 
 
15(2) It shall be lawful for the Collector to delegate his power to hear appeal 
under sub -section (1) to the Assistant Collector or any Deputy Collector 
subordinate to him]. 
 
16[4A. In dealing with cases under this Act, the revenue officers and the Collector shall 
follow, as far as may be practicable, the procedure prescribed in Chapter XII or XIII, as 
the case may be, of 17[ the Code ]]. 
 
5. Provisions of this Act shall be in addition to and not in derogation of the provisions 
of any other law for the time being in force. 
 
 
6. Any fine inflicted under this Act shall be recoverable as arrear of land revenue. 
 
 
18[7. The revenue officer trying any case under the provision of clause (b) of sub -
section (1) of section 3, or the Collector 19[ or the Assistant Collector or the Deputy 
Collector, as the case may be ] hearing an appeal under section 4 may direct that any 
portion, not exceeding one-fourth, of any fine which may be imposed under any of the 
said sections, shall be paid to, or distributed amongst, such person or persons as may 
have given assistance in the detection of the offence, as reward]. 
 
20[8. It shall be lawful for any person present at or near the place where an offence of 
contravention of the provisions of clause (a) of sub -section (1) of section 3 is, or is 
being committed, to take the felled, appropriated or damaged tree or any portion 
thereof, as the case may be, to the nearest revenue officer ]. 
 
20[9. While passing an order under clause ( b) of sub -section (1) of section 3, the 
revenue officer may make such order as he thinks fit for the disposal by confiscation or 
delivery to any person claiming to be entitled to possession thereof or otherwise, of 
felled, appropriated or damaged tree or any portion thereof, produced before him or in. 
his custody or regarding which any offence appears to have been committed.] 
 
20[10. (1) The Government may call for and examine the records of any proceedings 
of any revenue officer under this Act for the purpose of satisfying itself as to 
the legality or propriety of any decision or order passed and as to the regularity 
of the proceedings of such officer. 
(2) If in any case it shall appear to the Government that any decision or orders 
passed in any proceedings called for under sub -section (1) requires to be 
modified annulled or reversed, it may pass such orders thereon as it deems fit:]] 
 
21[ Provided that no such order which adversely affects any person shall be 
passed under this section unless such person has been given reasonable opportunity of 
being heard]. 
 
22[11. The Government may mak e rules for the purpose of carrying into effect the 
provisions of this Act]. 
 
 
 
 
 
 
--------------------------- 
 
Appeal. 
Procedure. 
Provisions of this 
Act to be in addition 
to and not in 
derogation of, any 
other law for the 
time being in force. 
Fine recoverable 
as arrear of land 
revenue. 
Payment of 
portion of fine 
to informer. 
persons seeing tree 
or portion being 
felled to take felled 
tree or portion to 
nearest revenue 
officer. 
Order for 
disposal of 
property. 
Revisional 
power of 
Government. 
Rules. 
1951 : Sau. XVII]                  Saurashtra Felling of Trees (Infliction of Punishment) ACT, 1951 
 
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1 For Statement of Objects and Reasons, see Saurashtra Government Gazette, 1951, Part I-A, pages 
372-373. 
 Section 3 of Sau. 21 of 1955 reads as follows:- 
2 Sub-section (2) was substituted for the original by Guj. 9 of 1960, s. 3(a). 
3 Clause (b) was deleted by the Bombay ( Saurashtra Area ) Adaptation of Laws ( State and 
Concurrent Subjects) Order, 1956.  
"3. Any powers conferred by Government upon, and any permission given in the exercise of such 
powers by any Gram Panchayat constituted under the Saurashtra Gram Panchayat Ordinance, 1949 
before the coming into force of this Act, in virtue of the provisions contained in clause (a) of sub -
section (1) of section 3 of the said Act shall be, and shall be deemed to have been, as good and valid 
in law, as if this Act was in force on the date on which the said Act came into force and such powers 
and permission had been given under the provisions of clause (a) of sub-section (1) of section 3 of 
the said Act, as amended by section 2 of this Act." 
Validation of powers conferred upon and permission given by Gram Panchayat under Sau. Act No. XVII of 1951. 
4 This clause was substituted for the original by Sau. 28 of 1952.  
5 Clause (d) was deleted by the Bombay ( Saurashtra Area ) Adaptation of Laws (State and 
Concurrent Subjects) Order, 1956  
6 Clause (e) was substituted for the original clause by Guj. 9 of 1960, section 3(6)(i). 
7 These words were substituted for the words and figures " The Bombay Land Revenue Code, 
1879", by Guj. 9 of 1960, section 3 (d) (ii). 
8 These words were substituted for the words and figures "The Bombay Land Revenue Code, 
1879, by Guj. 9 of 1960, section 3 (c)( i).   
9 The words and figures "or any Gram Panchayat constituted under the Saurashtra Gram Panchayat 
Ordinance, 1949" were inserted by Sau. 21 of 1955, section 2.  
10 These words and figures were substituted for the words and figures any Gram Panchayat 
constituted under the Saurashtra Gram Panchayat Ordinance, 1949" by Guj. 9 of 1960, section 3(c)(ii). 
11 The words "unless it be his own property " were deleted by Sau. 28 of 1952.  
12 These words were added by Sau. 27 of 1954.  
13 This sub -section was substituted for the original, by Sau. 27 of 1954.  
14 This was renumbered as sub -section (1), by Sau. 27 of 1954.  
15 This sub -section was added, by Sau. 27 of 1954.  
16 This section was inserted by Sau. 28 of 1952. 
17 These words were substituted for the words and figures "The Bombay Land Revenue Code, 
1879, as adapted  and applied in Saurashtra "by Guj. 9 of 1960, section 3 (d.) 
18 This section was added by Sau. 28 of 1952.  
19 These words were inserted by Sau. 27 of 1954.  
20 These sections were added by Sau. 27 of 1954. 
21 This proviso was added by Guj. 9 of 1960 section 3 (e). 
22 These sections were added by Sau. 27 of 1954. 

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