The KERALA PRESERVATION OF TREES ACT, 1986

THE KERALA PRESERV ATION OF TREES ACT, 1986 
(ACT 35 OF 1986)
CONTENTS
Preamble.
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Authorised officers and appellate authorities.
4. Restriction regarding cutting, etc., of trees.
5. Prohibition of cutting of tree in notified areas.
6 Application for permission.
7. Appeal.
8. [Repealed].
9. Penalties.
10. Offences by companies.
11. Powers of authorised officers and appellate authorities.
12. Powers of entry and inspection.
13 Power to seize timber and other articles involved in commission of offence.
14. Power to release property seized under section 13.
15. Procedure by Magistrate.
16. Procedure as to perishable property seized under section 13.
17. Saving of power to release property seized..
18. Institution of prosecution.
19. Cognizance of offences.
20. Bar of jurisdiction of Civil Courts.
21. Indemnity.
22. Restriction regarding cutting, etc., of  trees in future assignments.
23. Power to make rules.
24. Laying of notifications and rules before Legislative Assembly.
25. Power to remove difficulties.
26. Repeal and Saving.
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ACT 35 OF 1986
THE KERALA PRESERV ATION OF TREES ACT, 1986 * 
An Act to provide for the preservation of trees in the State of Kerala.
Preamble.-WHEREAS there has been indiscriminate felling and destruction of trees,  in
the State of Kerala resulting in considerable soil erosion and destruction and loss of the
timber wealth of the State;
AND WHEREAS  with a view to prevent soil erosion and destruction and loss of the
timber wealth in the State, it is necessary to regulate the felling and destruction of trees in the
State;
BE it enacted in the Thirty-seventh Year of the Republic of India as follows:—
1.  Short  title,  extent  and  commencement.—This  Act  may  be  called  the  Kerala
Preservation of Trees Act, 1986.
(2) It extends to the whole of the State of Kerala.
(3) It shall be deemed to have come into force on the 18th day of June, 1983.
2. Definitions.-In this Act, unless the context otherwise requires,—
(a)  “appellate  authority”  means  an  appellate  authority  appointed  under  sub-
section (2) of section 3;
(b) “authorized  officer”  means  an  officer  appointed  under  sub-section  (1)  of
section 3;
(c) “owner” in relation to any land, includes a mortgagee, lessee or other person
having right to possession and enjoyment of that land;
(d) “prescribed” means prescribed by rules made under this Act;
(e) “tree” means any of the following species of trees, namely:—
Sandalwood  (Santalum  album),  Teak  (Tectona  grandis),  Rosewood  (Dalbergia
latifolia),  Irul  (Xylia  Xylocarpa),  Thempavu  (Terminalia  tomantosa),  Kampakam  (Hopea
parviflora),  Chempakam  (Michelia  chempaca),  Chadachi  (Grewia  tiliaefolia),  Chandana
vempu (Cedrela toona), Cheeni (tetrameles nudiflora).
3.  Authorised  officers  and  appellate  Authorities.—(1)  The  Government  may,  by
notification in the Gazette, appoint such officers not below the rank of a Ranger as they think
fit to be authorized officers for the purposes of this Act and may assign to them such local
limits as the Government think fit.
* Received the assent of the President on the 1st day of December, 1986 and published in the Kerala Gazette 
Extraordinary No. 1091 dated 1st December, 1986.
(2) The Government may, by notification in the Gazette, appoint such officers as
they think fit to be appellate authorities for the purposes of this Act and may assign to them
such local limits as the Government think fit.
1[4. XXX]
5. Prohibition  of  cutting  of  tree  in  notified  areas.—(1)  Notwithstanding  anything
contained in any law for the time being in force, or in any judgement, decree or order of any
court, tribunal or other authority, or in any agreement or other arrangement, the Government
may, with a view to preserving the tree growth in private forests or in the Cardamom Hills
Reserve or in any other areas cultivated with cardamom, by notification in the Gazette, direct
that no tree standing in any such area specified in the notification shall be cut, uprooted, burnt
or otherwise destroyed except on the ground that—
(a) the tree constitutes a danger to life or property; or
(b) the tree is dead, diseased or windfallen:
Provided that the provisions of this sub-section shall not be deemed to prevent the
pruning of any tree as required by ordinary agricultural or horticultural practices.
(2) No person shall, without the previous permission in writing of the authorized
officer, cut, uproot, burn or otherwise destroy or cause to be cut, uprooted, burnt or otherwise
destroyed any tree in any area specified in the notification under sub-section (1) on any of the
grounds specified therein.
Explanation  I.—For the purposes of this section, the term "tree" shall include any
species of tree. 
Explanation II.—For the purposes of sub-section (1), the expression "private forest"
means any land which immediately before the 10th day of May, 1971, was a private forest as
defined in the Kerala Private Forests (Vesting and Assignment) Act, 1971.
6. Application for permission.—(1) Every application for permission under section 4 or
section 5 shall be in such form and shall contain such particulars as may be prescribed and
shall be made to the authorized officer.
(2) The procedure to be followed by the authorized officer in granting or refusing
permission under section 4 or section 5 shall be such as may be prescribed.
7. Appeal.—(1) Any person aggrieved by an order refusing to grant permission under
section 4 or section 5 may, within ninety days of the receipt of such order, prefer an appeal to
the appellate authority:
Provided that the appellate authority may admit an appeal preferred after the expiry of
the said period of ninety days if it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the said period.
(2) An appeal under sub-section (1) shall be in such form and shall contain such
particulars as may be prescribed.
1 Repealed by Act 46 of 2005.
(3) On receipt of an appeal under sub-section (1), the appellate authority shall, after
giving the appellant an opportunity of being heard, pass such order thereon as it thinks fit.
8. Revision. —(1) The Government may, either  suo motu  or on application by any
person aggrieved by an order of the appellate authority under section 7, call for and examine
the  record  of  any  order  passed  by  the  appellate  authority  for  the  purpose  of  satisfying
themselves as to the legality, propriety or regularity of such order and pass such order thereon
as they think fit.
(2) The Government shall not of their own motion revise any order under sub-
section (1) if that order has been passed more than three months previously.
(3) An application under sub-section (1) by an aggrieved person shall be made
within a period of sixty days from the date on which the order of the appellate authority was
communicated to him:
Provided that the Government may admit an application made after the expiry of the
said period of sixty days, if they are satisfied that the applicant had sufficient cause for not
making the application within that period.
(4) An order prejudicial to a person shall not be passed under sub-section (1) unless
that person has been given a reasonable opportunity of showing cause against such order.
Explanation.-An order declining to interfere shall, for the purposes of this sub-section,
be deemed to be an order prejudicial to a person.
9. Penalties.—Whoever contravenes any of the provisions of section 4 or sub-section
(2) of section 5 or a direction contained in a notification under sub-section (1) of section 5 or
any of the terms and conditions subject to which a permission has been granted under this Act
shall be punishable,—
(a) in the case of first offence, with imprisonment for a term which shall not be
less than six months but which may extend to two years, and with fine which shall not be less
than five hundred rupees but which may extend to two thousand rupees; and
(b) in the case of a second or subsequent offence, with imprisonment for a term
which shall not be less than one year but which may extend to three years, and with fine
which shall not be less than one thousand rupees but which  may extend to five thousand
rupees.
10. Offences by companies.—(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 nothing 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 other
association, as the case may be.
11. Powers of authorized officers and appellate authorities.—Every authorized officer
and appellate authority shall, for the purpose of performing his or its functions under this Act,
have all the powers of a civil court while trying a suit under the Code of Civil Procedure,
1908 (Central Act 5 of 1908), in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on
oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) such other matters as may be prescribed.
12. Powers  of  entry  and  inspection.—The  authorized  officer  or  any  other  officer
generally or specially authorized by the Government in this behalf may, with such assistants,
if any, being persons in the service of the Government, as he thinks fit, at all reasonable times
enter upon any land for the purpose of ascertaining whether any of the provisions of this Act
or any of the terms and conditions subject to which any permission has been granted under
this Act has been contravened.
13. Power to seize timber and other articles involved in commission of offence. —(1)
Where any officer of the Forest Department not below the rank of Forester or any Police
Officer not below the rank of Sub Inspector has reason to believe that any tree has been cut in
contravention of section 4 or sub-section (2) of section 5 or a direction contained in a
notification under sub-section (1) of section 5, he may seize the timber of such tree together
with all tools, ropes, chains and other articles used in the commission of such offence and all
boats, vehicles and animals used for carrying such timber.
Explanation.—The terms “boat” and “vehicle” in this section, section 14 and section
15 shall include all the articles and machinery kept in the boat or vehicle, 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 authorized officer.
(3) On receipt of a report under sub-section (2), the authorized officer shall,—
(a) if he is satisfied that the timber mentioned in such report is of any tree cut in
contravention of section 4 or sub-section (2) of section 5 or a direction contained in a
notification under sub-section (1) of section 5, make a report of such seizure 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, make a report of such seizure to such authority as may
be prescribed.
(4) The authority to which a report is made under clause (b) of sub-section (3) shall,-
(a) if it is satisfied that the timber mentioned in such report is of any tree cut in
contravention of section 4 or sub-section (2) of section 5 or a direction contained in a
notification under sub-section (1) of section 5, 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 it 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.
14. Power to release property seized under section 13. —The authorized officer may
release any tool, rope, chain or other article or any boat, vehicle or animal seized under
section 13 and in respect of which a report has been made to the Judicial Magistrate of the
First Class under clause (a) of sub-section (3) or clause (a) of sub-section (4) of that section,
on the execution by the owner thereof of a bond for the production of the property so
released, if and when so required, before such Magistrate.
15. Procedure by Magistrate. —Upon the receipt of a report under clause (a) of sub-
section (3) or clause (a) of sub-section (4) of section 13, the Magistrate shall take such
measures as may be necessary for the trial of the accused and the disposal of the timber and
any tool, rope, chain or other article or any boat, vehicle or animal seized along with it,
according to law.
16.  Procedure  as  to  perishable  property  seized  under  section  13. —(1)
Notwithstanding anything hereinbefore contained,—
(a) the Magistrate to whom a report is made under section 13 may direct the sale
of any property seized under that section, which is subject to speedy and natural decay; and
(b) if, in the opinion of the authorized officer, it is necessary to dispose of the
property, which is subject to speedy and natural decay, such officer shall immediately after,
and in any case not later than one month from, the date of Report under section 13 make an
application to the Magistrate referred to in clause (a) for permission to sell the property by
such officer himself and on getting such permission may sell the property himself, remit the
sale proceeds into the nearest Government Treasury and make a report of such sale and
remittance to that Magistrate and thereupon such Magistrate shall take such measures as may
be necessary for the trial of the accused.
(2) The Magistrate may deal with the proceeds of the sale of any property sold under
clause (a) or clause (b) of sub-section (1) in the same manner as he might have dealt with the
property if it had not been sold.
17. Saving of power to release property seized. —Nothing hereinbefore contained shall
be deemed to prevent the authorized officer from directing at any time the immediate release
of any property seized under section 13 and the withdrawal of any charge made in respect of
such property:
Provided that the powers under this section shall be exercised by the authorized
officer only for good and sufficient reasons to be recorded in writing and with the previous
approval in writing of the Divisional Forest Officer concerned.
18. I nstitution of prosecution. —No prosecution shall be instituted against any person
without the sanction of the authorized officer.
19. Cognizance of offences. —No court inferior to that of a Judicial Magistrate of the
First Class shall try any offence under this Act.
20. Bar of jurisdiction of civil courts .—No civil court shall have jurisdiction to settle,
decide or deal with any question or to determine any matter which is by or under this Act
required to be settled, decided or dealt with or to be determined by any officer or authority or
the Government.
21.  Indemnity.—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.
22.  Restriction  regarding  cutting,  etc.,  of  trees  in  future  assignments .—
Notwithstanding anything contained in any law for the time being in force, any assignment
after the commencement of this Act, of land belonging to the Government, under any law for
the time being in force shall be subject to the condition that the assignee shall not, without the
previous permission in writing of the authorized officer, cut, uproot or burn, or cause to be
cut, uprooted or burnt, any tree standing on such land at the time of such assignment, and the
provisions of this Act shall apply in relation to such permission as if they apply in relation to
a permission under section 4.
23.  Power to make rules .—(1) The Government may, by notification in the Gazette,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for-
(a) the girth of trees which may be permitted to be cut;
(b) the terms and conditions subject to which permission may be granted;
(c) the procedure to be followed by the authorized officer before granting or
refusing permission;
(d) the procedure to be followed by the appellate authority in the disposal of an
appeal under section 7;
(e) any other matter which has to be, or may be, prescribed.
24. Laying of notifications and rules before Legislative Assembly. —Every notification
issued under sub-section (1) of section 5 and every rule made under section 23 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 notification
or rule or decides that the notification or rule should not be issued or made, the notification or
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.
25.  Power to remove difficulties. —(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.
26.  Repeal and saving. —(1) The Kerala Restriction on Cutting and Destruction of
V aluable Trees Act, 1974 (7 of 1974) and the Kerala Preservation of Trees Ordinance, 1986
(65 of 1986)  are hereby repealed.
(2) Notwithstanding the repeal of the Kerala Preservation of Trees Ordinance, 1986
(65 of 1986), anything done or deemed to have been done or any action taken or deemed to
have been taken under the said Ordinance shall be deemed to have been done or taken under
this Act:
Provided that no person convicted of an offence with respect to anything so deemed to
have been done under this Act, shall be subjected to a penalty greater than that which might
have been inflicted under the law applicable to such offence, in force at the time of the
commission of such offence:
Provided further that nothing contained in this section shall render any person liable
to be convicted of an offence in respect of anything done or omitted to be done by him after
the 1st day of August, 1983 and before the 30th day August, 1983 and after the 6th day of
January, 1984 and before the 15th day of February, 1984.
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