The KARNATAKA PRESERVATION OF TREES ACT, 1976

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1976:KAR ACT 76 1

THE KARNATAKA PRESERVATION OF TREES ACT, 1976
ARRANGEMENT OF SECTIONS
1.
Statement of Object and Reasons
Sections:
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
2.
CHAPTER II
TREE AUTHORITY

Definitions.
3. Establishment of the Tree Authority.
4.
CHAPTER III
OFFICERS AND SERVANTS
Meetings of the Tree Authority.
5. Appointment of Tree Officer.
6.
CHAPTER IV
DUTIES OF TREE AUTHORITY
Appointment of other officers.
7.
8.
Duties of Tree Authority.
CHAPTER V
RESTRICTION ON FELLING OF TREES AND LIABILITY FOR PRESERVATION OF TREES
Restriction on felling of trees.
9. Planting of adequate number of trees.
10. Planting in place of fallen or destroyed trees.
11. Preservation of trees.
12. Adoption of trees.
13. Recovery of expenditure on failure to comply with order for planting trees.
14.
CHAPTER VI
PENALTIES AND PROCEDURE
Appeal.
15.
15A.
Seizure of property.
Powers of Tree Officer in the matter of investigations .
15B. Report by Tree Officer.
16. Power to release property seized under section 15.
17. Power to arrest without warrant.
18. Power to release a person arrested.
19. Power to prevent commission of offence.
20. Operation of other laws not barred.
2

21. Power to compound offences.
22.

CHAPTER VII
MISCELLANEOUS
Penalty.
23. Rules.
24. Indemnity.
25. Investing Tree Officer with certain powers
26. Transit of felled materials.
27. Power of State Government and the Tree Authority to give irections .
27A. Exemption of certain areas from the operation of this Act.
27AA. Power of State Government to regulate the choice of species planted.
27B. Delegation of powers
28. Karnataka Forest Act, 1963 not affected.
29.

Repeal of Karnataka Ordinance No. 14 of
1976. SCHEDULE I
SCHEDULE II
* * * *
STATEMENTS OF OBJECTS AND REASONS

Act 76 of 1976. - Industrialisation and pressure of population have resulted in
heavy destruction of tree growth in urban areas. Trees which provide shade, mitigate
the extremes of climate, render aesthetic beauty, purify the polluted atmosphere,
mute the noise, have been one of the first casualties of pressure on space in our
cities and towns.

The percentage of forest area in the heavy rainfall zone is very much below the
required level. Denudation in the rest of the areas has catastrophic results. This is
the zone forming the catchment of the major rivers in South India. Large scale felli ng
of trees has resulted in increased soil erosion and floods during monsoons. Stream
flow during the rest of the year is reduced. Sedimentation in the reservoirs of our
multi-crore projects has increased.

In the vast belt covered by the eastern districts of the State, drought and famine
conditions have become recurring features. Rains have become erratic. Loss of soil
moisture due to wind is excessive. Due to shortage of fuel, cow dung instead of
being diverted as manure to the fields is availed as fuels. Avenue trees are
destroyed. In this some judicious mixture of silviculture and agriculture can benefit
agriculture and animal husbandry. Small number of trees, well distributed, grown in
the marginal lands and on bunds of fields can be more effective than blocks of
plantations. Trees of leguminous species can benefit agriculture by improving the
soil, provide green leaf manure and fodder for cattle. It will provide small timber and
fuel.

We have reached the stage when it is incumbent to legislate to restr ict and
regulate the felling of trees and prescribe growing of a minimum number where none
exists.

(Published in the Karnataka Gazette (Extraordinary) Part IV -2A dated 8- 11-1976
as No. 4417 at page 16.)

Amending Act 21 of 1977. - As per sub-section (6) of section 8 of the Karnataka
Preservation of Trees Act, 1976 (Karnataka Act No. 76 of 1976), for bona fide
domestic use of a family, any one or more members of such family are entitled to fell
trees to the extent of fetching not more than two cubic meters of timber and one and
a half tones of firewood. Several requests were made to Government from different
forums to relax such limit of felling of trees. After considering the actual requirements
of the agricultural population, now it is decided to relax the limit of felling of trees so
that the yield obtained from such felling does not exceed two cubic meters of timber
and five tones of firewood.

Government has also received a suggestion that in case of malnad areas where
planting of casuarina and hopea, wightiana trees is taken up both for bona fide
domestic use as well as commercial purpose, any restrictions on felling of such trees
may hamper plantation of such trees. It is the intention of the Government to
encourage the raising of plantations of such trees by private persons and not to place
any restriction to fell those trees. Therefore, it is also considered necessary to
exempt the above two kinds of trees from the purview of section 8 of the Act.

Hence this Bill.

(Published in the Karnataka G azette (Extraordinary) Part IV -2A dated 17- 7-1977
as No. 489 at page 3.)

III

Amending Act 14 of 1979. - For the purposes of providing necessary firewood to
run the tea factories, it is considered necessary to exempt the ancillary areas
attached to tea estate from the provisions of the Act.

Opportunity is taken to make certain verbal changes in the repealing section.
Since the Assembly was not in session an Ordinance was promulgated. This
Bill seeks to replace the said Ordinance.

(Obtained from L.C. Bill No. 1979).

Amending Act 39 of 1987. - As per sub-section (7) of section 8 of the Karnataka
Preservation of Trees Act, 1976, the restrictions on felling of trees in any land in the
ownership or occupancy of any person do not apply to felling of casuarina and hopea
weightiana trees. People have started planting different species of trees in their land
to improve ecological conditions and to meet their requirements of fire wood, fodder
etc. Restrictions on felling of such trees which are raised by the owners or occupants
4

for the aforementioned purposes may act as disincentive to grow trees in private
lands. Therefore, it is proposed to amend sub -section (7) to include some more
species of trees so that the restrictions in section 8 shall not be applicable t o such
species of trees.

Hence the Bill.

(Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 8-9-1987 as
No. 592 at page3.)

Amending Act 12 of 1998. —It is considered necessary to amend the Karnataka
Forest Act, 1963 (Karnataka Act 5 of 1964) to provide for the following, namely:—

(1) To include “sandalwood oil” in the definition of sandalwood;
(2) To define Village Forest Committee and to provide for its constitutions;
(3) To provide for levy of fee for grant or renewal of licence for saw mills etc;
(4) To require production of Bank guarantee equal to the value estimated by the
Forest Officer, before release of property seized under section 62;
(5) To enhance the amount of composition from rupees five thousand to rupees
fifty thousand;
(6) To provide for punishment for the acts of the servants of the licensee;
And it is considered necessary to amend the Karnataka Preservation of Trees Act,
1976, to provide for,—
(i) to require the Tree Officer to dispose off the application received within a
period of three months;
(ii) To provide for cancellation or suspension of permission under certain
circumstances;
(iii) to prohibit granting permission under section 8 to fell t rees if it involves
felling of all trees for cultivation or extension of cultivation of rubber or tea;

Hence the Bill.

(Obtained from L.C. Bill No. 5 of 1997 (File No. DPAL 53 LGN 97).)

Amending Act 20 of 2000. — The Karnataka Forest and Certain Other laws
(Amendment) Bill, 1999 so far it relates to the Karnataka Forest Act, 1963 provides,-

(1) for investing the Forest Officers with the similar powers as conferred on an
officer-in-charge of a Police Station in the matter of investigating under the Code of
Criminal Procedure, 1973 and to treat the report of such Forest Officer as a report for
the purpose of section 190 of the said Code;

(2) that a certificate issued by the Forest Officer shall be evidence in respect of
forest produce;
(3) for prevention of commission of offences;

(4) for issue of a certificate by the Conservator of Forest for recovery of tax,
royalty etc., due under the Act and for treating it as a decree of a Civil Court;
5

(5) for requiring sanction of institute a suit or prosec ution in respect of acts done
under colour of duty by a Forest Officer;

Further, it is proposed to amend the Karnataka Preservation of Trees Act, 1976 to
invest the tree officer with the powers of an officer-in-charge of a Police Station in the
matter of investigation under the Code of Criminal Procedure, 1973 and to treat his
report as a report for the purpose of section 190. Hence the Bill.

(Obtained from L.A. Bill No. 13 of 1999)

VII

Amending Act 08 of 2015. - It is considered necessary to amend the
Karnataka Preservation of Trees Act, 1976 (Karnataka Act No. 76 of 1976). to
provide for :-
(i) change in the designation of the Principal Chief conservator of Forest
(General) as the Head of the Forest Department;
(ii) to comply with the decision of High Court of Karnataka in Writ Petition
No.7107/2008;
(iii) to re-constitute the Tree authority;
(iv) relaxation of restriction on felling of trees to fifty minimum and
maximum hundred poles and fifty minimum and maximum hundred
bamboos;
(v) to exempt some more species of trees from felling permission.
(vi) to empower the State Government to provide for delegation of
powers.
(vii) Increasing the number of tree to cut in public interest and domestic
purpose.

Hence the Bill.
[L.A. Bill No.68 of 2014, File No. Samvyashae 15 Shasana 2013]
[entry 17A of List III of the Seventh Schedule to the Constitution of India.]

VIII

Amending Act 06 of 2017. -It is considered necessary to amend the
Karnataka Preservation of Trees Act, 1976 (Karnataka Act 76 of 1976) to regulate
the planting or cultivation of trees in such areas of such species which are
detrimental to environment, ground water or liable to cause colonization of alien and
invasive species or causes diseases or adversely affect hygiene of the environment.

Hence the Bill,

[L.A. Bill No.40 of 2016, File No. Samvyashae 51 Shasana 2016]
[entry 17A of List III of the Seventh Schedule to the Constitution of India.]

* * *

KARNATAKA ACT NO. 76 OF 1976

(First published in the Karnataka Gazette Extraordinary on the Fourth day of
December 1976)

THE KARNATAKA PRESERVATION OF TREES ACT, 1976

(Received the assent of the Governor on the First day of December 1976)

(As Amended by Acts 21 of 1977, 14 of 1979, 39 of 1987, 12 of 1998, 20 of 2000, 08
of 2015 and 06 of 2017)

An Act to make better provision for preservation of trees in the State.

WHEREAS with the growing pace of urbanisation, industrialisation and increasing
population, there has been indiscriminate felling of a large number of trees in the
rural and urban areas of the State of Karnataka leading to erratic rainfall, recurring
famines and floods, soil erosion and consequent ecological disturbances;

WHEREAS It is expedient to provide for the preservation of trees in the State by
regulating the felling of trees and for the planting of adequate number of trees to
restore ecological balance and for matters connected therewith;

Be it enacted by the Karnataka State Legislature in the Twenty -seventh Year of
the Republic of India as follows:-

CHAPTER I

PRELIMINARY

1. Short title, extent and Commencement. - (1) This Act may be called the
Karnataka Preservation of Trees Act, 1976.

(2) It extends to the whole of the State of Karnataka.

(3) This section shall be deemed to have come into force on the seventeenth day
of July 1976 and other provisions shall come into force on such 1[date]1 as the State
Government may by notification appoint and different dates may be appointed for
different provisions of this Act and for different urban areas or rural areas or parts
thereof.

2. Definitions.- (1) In this Act, unless the context otherwise requires,-

(a) ‘appointed day’ in relation to any area means the date notified under sub-
section (3) of section 1;
1[(aa) "Head of the Karnataka Forest Department" means the officer holding
such designated post as may be notified by the State Government from time to
time.]1
1. Inserted by Act 08 of 2015 w.e.f. 06.02.2015.
(b) ‘local authority’ means a Municipal Corporation, or a Municipal Council or a
1[Town Panchayat or a Taluk Panchayat]1;
1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998
7

(c) ‘preservation of trees’ means, maintenance and protection of trees to
encourage normal growth and prevent damage or cutting or felling and includes
planting of new trees and transplanting trees;

(d) ‘relevant Act’ means the enactment under which a local authority is
constituted;

(e) ‘rural area’ means an area and of the kind specified in Schedules I and II;

(f) ‘to fell a tree’ means severing the trunk from the roots, uprooting the tree
and includes burning or cutting or girdling or applying arboricides to a tree to cause
substantial damage thereto or destruction thereof;

(g) ‘tree’ means any woody plant whose branches spring from and are
supported upon a trunk or body and which trunk or body is not less than five and a
half centimeters in diameter and not less than one meter in height from the ground
level and includes palms, bamboos, stumps brushwood, canes and seedlings of such
tree but does not include sandal and rosewood trees;
(h) ‘Tree Officer’ means a Forest Officer appointed as such by the 1[the Head
of the Karnataka Forest Department]1 for the purposes of this Act;

1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

(i) ‘urban area’ means an area comprising a 1[larger urban area, smaller
urban area or a transitional area]1;

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(j) ‘wood lot’ means any piece of land of which trees form the main crop, the
average number of such trees in each hectare being not less than twenty-five.

(2) Words and expressions used herein but not defined shall have the meanings
assigned to them in the relevant Act.

CHAPTER II

TREE AUTHORITY

3. Establishment of the Tree Authority. - (1) The State Government shall, by
notification, constitute a Tree Authority for each urban area and for each rural area.

(2) Such Authority shall consist of five members as follows:-

1[(a) For urban areas,-
(i) The Forest Officer incharge of a Territorial Forest Circle – chairman;
(ii) The Joint Director Horticultural, having Jurisdiction;
(iii) The Superintending Engineer, Communication and Building having
jurisdiction;
(iv) In respect of Bruhat Bangalore Mahanagara Palike a representative of
the Commissioner and in respect of other Corporations and
Muncipalities the Commissioner of City Corporation or Municipality, as
the case may be;
(v) One Botanist or Ecologist nominated by the State Government.]1
8

1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

1[(b) For a rural area specified in Schedule-I,-
(i) The Forest Officer incharge of a Territorial Forest Circle – Chairman;
(ii) The Deputy Commissioner of the district or his representative not
below the rank of Assistant Commissioner;
(iii) The Superintending Engineer Communication and Buildings having
jurisdiction; and
(iv) two non- official me mbers with background in Environmental
Conservation and Protection nominated by the State Government.]
1

1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

1[(i) the Adhyaksha of the Taluk Panchayat;]1

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(ii) the Block Development Officer having jurisdiction;

(iii) the Assistant Conservator of Forests nominated by the Divisional

Forest Officer;
(iv) the District Horticultural Officer having jurisdiction:

1[(v) one member of the Taluk Panchayat nominated by the Adhyaksha:]1

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(3) The State Government shall appoint one of the members to be the Chairman.

(4) The Tree Authority may co -opt in such manner and for such period as it may
determine not more than three representatives of non- official organisations having
special knowledge or practical experience in the preservation of trees.

4. Meetings of the Tree Authority.- (1) The Tree Authority shall meet at least
once in three months at such place and time as the Chairman may decide and shall
conduct its business in such manner as may be prescribed.

(2) The quorum to constitute a meeting of the Tree Authority shall be one- third of
the total number of its members.

CHAPTER III

OFFICERS AND SERVANTS

5. Appointment of Tree Officer. - (1) 1[The Head of the Karnataka Forest
Department]1 may, subject to sub -section (2) appoint for each urban area and rural
area one or more Forest Officers as Tree Officers for the purpose of this Act.

1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

(2) Such Tree Officer shall,-
9

(i) in an urban area comprising of a 1[larger urban area] 1, be not below the
rank of an Assistant Conservator of Forests;

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(ii) in an urban area comprising of a 1[smaller urban area or a transitional

area]1, be not below the rank of a Range Forest Officer;

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(iii) in a rural area of the kind specified in Schedule II, be not below the rank
of a Range Forest Officer.
(iv) in a rural area of the kind specified in Schedule, I, be not below the rank
of a Divisional Forest Officer.

6. Appointment of other officers. - 1[The Head of the Karnataka Forest
Department]1 may from time to time, appoint such other officers and servants to
assist the Tree Officer as he may consider necessary who shall be subordinate to the
Tree Officer.
1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

CHAPTER IV

DUTIES OF TREE AUTHORITY

7. Duties of Tree Authority.- Notwithstanding anything in the relevant Act or any
other law for the time being in force, the Tree Authority shall, subject to any gener al
or special orders of the State Government, be responsible for,-

(a) the preservation of all trees within its jurisdictions;

(b) carrying out a census of the existing trees and obtaining, whenever
considered necessary, declarations from all owners or occupants about the number
of trees in their lands;

(c) specifying the standards regarding the number and kind of trees which each
locality, type of land and premises shall have and which shall be planted subject to a
minimum of five trees per hectare in the case of rural areas;
(d) development and maintenance of nurseries, supply of seeds, saplings and
trees to persons who desire or are required to plant new trees or to replace trees
which have been felled;

(e) planting and transplanting of trees necessitated by construction of new roads
or widening of existing roads or replacement of trees which have failed to come up
along roads or for safeguarding danger to life and property;

(f) organisation of demonstration and extension services for the purposes of this
Act and assisting private and public institutions connected with planting and
preservation of trees;

(g) planting and maintaining such number of trees as may be considered
necessary according to the prescribed standards on roads, in public parks and
10

gardens and on the banks of rivers or lakes or seashores; and

(h) undertaking such schemes or measures as may be directed from time to time
by the State Government for achieving the objects of the Act.

CHAPTER V

RESTRICTION ON FELLING OF TREES AND LIABILITY FOR PRESERVATION OF TREES

8. Restriction on felling 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:

1 [Provided that no permis sion 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.]
1

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

(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

1[(vi) is required to be removed either for cultivation, extension of cultivation or
change in crop cultivation in areas s pecified 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.]1
11

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998
1[(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]1
1. Inserted by Act 08 of 2015 w.e.f. 06.02.2015.
3[(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;

(d) any other relevant information as may be prescribed. shall be
excluded.]3

3. Inserted by Act 21 of 1977 w.e.f. 1.12.1987

(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.

1[(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 f amily, 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.]1
1. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

2[(7) Nothing in this section shall apply to felling of 1[Casuarina, Coconut, Erythrina,
Eucalyptus’, Glyrecidia, Hopea Wightina, Prosipis, Rubber, Sesbania, Silver Oak 3[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.]1]2]3

1. Inserted by Act 21 of 1977 w.e.f. 29.7.1977
2. Substituted by Act 39 of 1987 w.e.f. 1.12.1987 .
3. Substituted by Act 08 of 2015 w.e.f. 06.02.2015.

1[8A. Cancellation or suspension of permission granted under section 8.-

The tree officer may cancel or sus pend the permission granted under section 8 on any of the
12

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;

(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

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

9. Planting of adequate number of trees. - (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.

10. Planting in place of fallen or destroyed trees. - (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.

11. Preservation of trees.- 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.

12. Adoption of trees. - Notwithstanding anything contained in this Act or in any other law
13

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.

13. Recovery of expenditure on failure to comply with order for planting trees. - 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.

14. Appeal.- (1) Against the order of the Tree Officer under section 8, 1[8A]1, 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 reaso nable
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 agai nst 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.

1. Inserted by Act 12 of 1998 w.e.f. 11.5.1998

CHAPTER VI

PENALTIES AND PROCEDURE

15. Seizure of property. - Where the Tree Officer has reason to believe that an offence
under this Act is committed in respect of any tree, he may seize the tools and any boats,
vehicles or other conveyances or animals used for the commission of the said offence along
with the tree or part thereof which has been severed from the ground or the trunk, as the case
may be.

1[15A. Powers of Tree officer in the matter of investigation. - (1) Any Tree officer within
such area as the State Government may, by notification specify, may as regards offences under
section 22 exercise powers conferred on an Officer incharge of a police station by the provisions
of the Code of Criminal Procedure, 1973:
14

Provided that any such power shall be subject to such restrictions and modifications if any,
as the State Government may specify.

(2) For the purposes of section 156 of the Code of Criminal Procedure, 1973 the area in
regard to which the Tree Officer is empowered under sub- section (1), shall be deemed to be a
police station and such Officer shall be deemed to be the Officer-in-charge of such station.

15B. Report by Tree Officer. - If, on any investigation by a Tree Officer empowered under
sub-section (1), of section 15A, it appears that there is sufficient evidence to justify the
prosecution of the accused , the investigating officer shall submit a report (which shall, for the
purposes of section 190 of the Code of Criminal Procedure, 1973 be deemed to be a police
report) to a Magistrate having jurisdiction to enquire into or try the case and empowered to take
congnizance of offence on police reports.]1

1. Inserted by Act 20 of 2000 w.e.f. 4.10.2000

16. Power to release property seized under section 15.- The Tree Officer may release the
properties seized under section 15 if the owner or occupier executes a bond for their production
whenever required.

17. Power to arrest without warrant. - (1) Any Tree Officer may arrest without warrant any
person reasonably suspected of having been concerned in any offence under this Act, if such
person refuses to give his name and residence or gives a name or residence which the Tree
Officer has reason to believe is false or if he has reason to believe that the person will abscond.

(2) Any person arrested under this section shall be informed, as soon as may be, of the
grounds for such arrest and shall be produced before the nearest Magistrate having Jurisdiction
in the case within a period of twenty -four hours of such arrest, excluding the time necessary for
the journey from the place of arrest to the court of the Magistrate and no such person shall be
detained in custody beyond the said period without the authority of a Magistrate.

18. Power to release a person arrest ed.- Any Tree Officer who has arrested any person
under the provisions of section 17 may release such person on his executing a bond with proper
surety to appear, if and when so required, before the Magistrate having jurisdiction in the case,
or before the police or the Tree Officer concerned.
19. Power to prevent commission of offence. - Every Tree Officer or his subordinates or
any forest, revenue or police officer shall prevent and may interfere for the purpose of
preventing, the commission of any offence under this Act.

20. Operation of other laws not barred. - Nothing in this Act shall be deemed to prevent
any per son from being prosecuted under any other law for any act or commission which
constitutes an offence under this Act or from being liable under

such other law to any higher punishment or penalty than that provided by this Act or the rules
made thereunder:
Provided that no person shall be punished twice for the same offence.

21. Power to compound offences. - (1) The State Government may, by order, empower a
Tree Officer,-

(a) to compound on payment of a sum 1[equivalent to twenty-five per cent of the value
of the property involved in the offence,]1 any offence under this Act;

(b) to release any property seized or liable to confiscation, on payment of the value
thereof, as estimated by such officer.
(2) On the payment of such sum or such value or both, as the case may be, to such officer,
the offender, if in custody, shall be released. The property, if any, seized shall be released and
no further proceedings shall be taken against such offender or property.

1. Substituted by Act 12 of 1998 w.e.f. 11.5.1998

22. Penalty.- Any person who contravenes any of the provisions of this Act or orders
made thereunder shall, on conviction, be punishable with imprisonment which may extend to
three months or with fine w hich may extend to one thousand rupees or with both. Upon such
conviction the court may order any property in respect of which the offence is committed to be
forfeited to the State Government.

1[22A. Offences by companies. - (1) If the person committing an offence under this Act
is a company, the Company as well as every person incharge of, and responsible to the
Company for the conduct of its business at the time of the commission of the offence shall be
liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any
punishment if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub- section (1) where an offence under this
section has been committed within the consent or connivance of, or that the commission of the
offence 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 also 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 or other association of
individuals; and

(b) "Director" in relation to a firm means a partner in the firm.]1

1. Inserted by Act 12 of 1998 w.e.f. 11.5.1998

CHAPTER VII

MISCELLANEOUS

23. Rules. - (1) The State Government may, by notification, make rules to carry out the
purposes of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before
each House of the State Legislature, w hile it is in session for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if before the
expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall from the date on which the modification or annulment is
notified by the Government in the Official Gazette 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 such rule.

24. Indemnity.- No suit, prosecution or other legal Proceedings shall lie against any officer
for anything done or omitted to be done by him in good faith under this Act or the rules or orders
made thereunder.

25. Investing Tree Officer with certain powers. - (1) The State Government may, by
notification, invest the Tree Officers and other officers with all or any of the following powers,
namely:-

(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 wit nesses and the production of
documents and material objects;

(d) power to hold inquiries into offences under the Act and in the course of such inquiry
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;

(g) Power to insist any person to plant tree or trees of suitable species in adequate
numbers on any land owned or occupied by him.
(2) Any evidence recorded under clause (d) of sub- section (1) shall be admissible in any
subsequent trial before a Magistrate if such evidence has been taken in the presence of the
accused person and recorded in the manner provided by section 355, section 356 or section
357 of the Code of Criminal Procedure, 1973.

26. Transit of felled materials. - The provisions of section 50 of the Karnataka Forest Act,
1963 (Karnataka Act 5 of 1964) and Chapter XVI of the Karnataka Forest Rules shall, mutatis
mutandis, apply to the transit of the felled trees under this Act.

27. Power of State Government and the Tree Authority to give directions.-

The State Government may from time to time give to the Tree Authority or any Tree Officer and
17

officers subordinate to him and the Tree Authority may give to the Tree Officer or officers
subordinate to him, such general or special directions regarding the discharge of their functions
and for carrying out effectively the purposes of this Act and such Tree Authority or Tree offi cers
shall comply with the directions issued.

1[27A. Exemption of certain areas from the operation of this Act. - The State Government
may, by notification and subject to such restrictions and conditions as may be specified in such
notification exempt any area or areas from the provisions of this Act.]1

1. Inserted by Act 14 of 1979 w.e.f. 22.9.1978

1[27AA. Power of State Government to regulate the choice of species planted. - The State
Government may, if it considers necessary in public interest that planting, propagating or
cultivating any tree species is detrimental to the environment or ground water availability, or the
species is or liable to cause colonization of alien or invasive species, or is the host or alternate
host for pests and vectors that can cause diseases adversely affecting the hygiene of the
environment, by notification regulate the planting or cultivation of such species in such areas,
and for such time as may be deemed necessary]
1
1. Inserted by Act 06 of 2017 w.e.f. 04.01.2017.

1[27B. Delegation of powers. - The State Government may, by notification, delegate to any
officer or authority subordinate to it, any of the powers conferred on the State Government or
any Officer subordinate to it under this Act, except power to make rules, to be exercised by such
officer or authority, subject to such restrictions and conditions, if any, as may be specified in the
said Notification.]1
1. Inserted by Act, 08 of 2015 w.e.f. 06.02.2015.

28. Karnataka Forest Act, 1963 not affected.- Nothing in this Act shall be deemed to affect
the operation of the Karnataka Forest Act, 1963 or the Karnataka Land Revenue Act, 1964 and
the rules made thereunder and the Provisions of this Act shall be in addition to and not in
derogation of the provisions of the said Acts and rules.

29. Repeal of Karnataka Ordinance No. 14 of 1976. - (1) The Karnataka Preservation of
Trees Ordinance, 1976 (Karnataka Ordinance No. 14 of 1976) is hereby repealed.

1[(2) Notwithstanding such repeal any action taken or any appointment, notification, order,
scheme, rule, form or bye -law made or issued under the said Ordinance shall be deemed to
have been taken, made or issued under this Act and shall continue in force accordingly unless
and until superseded by any action taken or any appointment, notification, order, scheme, rule,
form or bye-law made or issued under this Act.]1

1. Substituted by Act 14 of 1979 w.e.f. 4.12.1976

SCHEDULE I

[See section 2 (e)]

Areas comprising lands under 1[xxx]1, tea, rubber, 1[xxx]1, or cinchona cultivation, including wood lots and
18

lands belonging to the State Government and released in favour of others.

1. Omitted by Act 12 of 1998 w.e.f. 11.5.1998

SCHEDULE II

[See section 2 (e)]

Areas comprising lands other than those included in Schedule I.

* * * *

NOTIFICATION

Bangalore dated 31-10-1981 [No. FFD 107 FTS 81.]

S.O. 2494. - In exercise of the powers conferred by sub- section (3) of section 1 of the Karnataka
Preservation of Trees Act, 1976 (Karnataka Act 76 of 1976) the Government of Karnataka hereby
appoints First day of November 1981 as the date on which the provisions of section 7 (c), 9, 10, 11, 13,
14, 22, shall come into force in the areas specified in Schedule I and II to the said Act, situated in Districts
mentioned in Part -A and Taluks mentioned in Part -B of the table given below excluding the areas
mentioned in Part-C thereof, namely:-

PART A
1. Belgaum District 7. Bellary District
2. Dharwad District 8. Chirtadurga District
3. Bijapur District 9. Tumukar District
4. Bidar District 10. Bangalore District
5. Gulburga District 11. Kolar District
6. Raichur District 12. Mandya District

PART B
1. Athani 65. Kottur
2. Chikkodi 66. Molakamuru
3. Hukkeri 67. Challekere
4. Gokak 68. Hiriyur
5. Raibagh 69. Hosadurga
6. Ramdurga 70. Holalkere
7. Savadatti 71. Jagalur
8. Bailhongal 72. Davangere
9. Belgaum 73. Chitradurga
10. Bijapur 74. Harihar
11. Indi 75. Channagiri
12. Sindagi 76. Honnali
19

13. Bagewadi 77. Kadur
14. Muddebihal 78. Hassan
15. Hungund 79. Arasikere
16. Badami 80. Alur
17. Bagalkot 81. Channarayapatna
18. Bilagi 82. Holenarasipur
19. Mudhol 83. Tumkur
20. Jamakhandi 84. Madhugiri
21. Gulburga 85. Gubbi
22. Chincholi 86. Sira
23. Yadagir 87. Pavagada
24. Chitapur 88. Chikkanayakanahalli
25. Jevargi 89. Tiptur
26. Afazalpur 90. Turuvekere
27. Shahapur 91. Kunigal
28. Shorapur 92. Koratageri
29. Aland 93. Bangalore (North)
30. Sedam 94. Bangalore (South)
31. Bidar 95. Doddaballapur
32. Humnabad 96. Devanahalli
33. Ourad 97. Hosakote
34. Dumker 98. Anekal
35. Bhalki 99. Kanakapura
36. Raichur 100. Channapatna
37. Devadurga 101. Ramanagaram
38. Manvi 102. Magadi
39. Lingasugur 103. Nelamangala
40. Shindanur 104. Kolar
41. Gangavathi 105. Bagepalli
42. Koppal 106. Gouribidanur

43. Kushtagi 107. Malur
44. Yelburga 108. Chikkaballapur
45. Gadag 109. Siddalaghatta
46. Ron 110. Gudibande
47. Nargund 111. Bangarpet
48. Navalgund 112. Mulbagal
49. Mundargi 113. Chintamani
20

50. Shirahatti 114. Srinivasapur
51. Haveri 115. Mandya
52. Ranebennur 116. Malavalli
53. Byadgi 117. Srirangapatna
54. Hirekerur 118. Maddur
55. Savanur 119. Krishanarajapet
56. Kundgol 120. Nagamangala
57. Hubli 121. Pandavapura
58. Bellary 122. Mysore
60. Hospet 123. Nanjangud
61. Sandur 124. T. Narasipur
62. Kudligi 125. Krishnaraja Nagara
63. Hadagali 126. Bantwal
64. Harapanahalli 127. Udipi
128. Mangalore.

PART C

1. Reserve Forest notified under section 17 of the Karnataka Forest Act, 1963.

2. Lands under the control and management of the Horticultural Department or the University of
Agricultural Sciences.
3. Lands cultivated with coffee, tea and rubber wherein the number o

Excerpt shown. Open the full act in Lexace.

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