LexThe Tamil Nadu Hill Area (preservation of Trees) Act 1955
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act1. Omitted by Tamil Nadu XIV of 1980 TAMIL NADU HILL AREAS (PRESERVATION OF TREES ACT (ACT XVIII OF 1955) (RECEIVED THE ASSENT OF THE GOVERNOR ON 2nd SEPTEMBER, 1955) CONTENTS 1. Short title and application. 2. Definitions. 2-A. Constitution of Committee 2-B. Meetings of Committee. 2-C. Vacancy in Committee, etc., not to invalidate acts or proceedings 3. Prohibition of cutting of trees. 4. Prohibit. 5. Application for permission. 6. Appeal. 7. Penalty. 8. Forfeiture. 9. 1[…………..] 10. Power of entry and inspection. 11. Cognizance of offences. 12. Power to make rules. 13. Saving. 14. Power to remove difficulties. An Act to provide for the regulation of the cutting of trees and the cultivation land in hill areas in the State of Tamil Nadu. The following Act of the Tamil Nadu Legislature received the assent of Governor on the 2nd September 1955 and is hereby published for general information. WHEREAS there has been indiscriminate cutting of trees i n hill stations in the State of Tamil Nadu involving large -scale deforestation and resulting in considerable soil erosion. AND WHEREAS with a view to prevent deforestation and soil erosion and all to preserve the special characteristics of the hill areas as regards landscape, vege tal cover and climate, it is necessary to regulate the cutting trees also the cultivation of land in hill areas in the State of Tamil Nadu. BE it enacted in the Sixth Year of the Republic of India as follows:- Short title and application 1. (1) This Act may be called the Tamil Nadu Areas (preservation of Trees) Act, 1955. Government may, by notification, exclude from any hill areas to which this Act applies, any area within or include within any such area, any area in the vicinity thereof. 1. Omitted by Tamil Nadu XIV of 1980 Definition 2. In this Act, unless the context requires (a) "Committee" means any committee constituted under section 2 -A and having jurisdiction (b) “Cultivation" means raising of cereals, pulses or plantation crops but shall not include the raising of kitchen gardens or flowers gardens; Explanation: "Kitchen garden" in this clause means the area not exceeding fifty cents appurtenant to a residence and used for growing vegetables for bonafide consumption of the residents therein; (c) "Government' means the State Government. (d) 'New cultivation' means cultivation of land which remained uncultivated for three consecutive years; (e) 'Notification' means a notification published in the Tamil Nadu Government Gazette; (f) 'Prescribed' mans prescribed by rules made under this Act; (g) 'tree' includes bamboo, but does not include brushwood. Constitution of committee 2-A. (1) The Government may by notification, with effect from such date as may be specified therein, constitute for each hill area a committee for the purpose of this Act consisting of the following members, namely :- (a) the District Collector having jurisdiction as Chairman of the Committee, (b) the District Forest Officer having jurisdiction over the hill area; (c) the Tahsildar having jurisdiction over the hill area; (d) the Executive Engineer of the Agriculture Department in charge of soil conservation having jurisdiction over the hill area; (e) the Personal Assistant (General) to the Collector of the District, who shall be the secretary of the Committee. Meetings of committee 2-B. (1) The Committee may meet as often as maybe necessary and shall, subject to the provisions of sub-sections (2) and (3) obse rve such rules of procedure in regard to transaction of business at its meetings (including quorum at meetings) as may be prescribed by the Government under this Act provided that not more than two months shall elapse between one meeting of the committee and another. (2) The Chairman of the Committee or in his 1. Omitted by Tamil Nadu XIV of 1980 absence any member nominated by him on that behalf shall preside at a meeting of the Committee. (3)All questions at a meeting of the Committee shall be decided by a majority of the votes of the members present and voting and in case of an equality of votes, the Chairman of the Committee or in his absence the person presidi ng, shall have a second or casting vote. 2-C. No act or proceedings of the Government shall be deemed to be invalid by reason only of the existence of any vacancy in the Committee or any defect in the nomination of a member thereto, or on the ground only that more than two months have elapsed between one meeting of the Committee and another. Vacancy in committee, etc., not to invalidate acts of proceedings 3. (1) No person shall, without the previous permission in writing of the committee- (a) cut, uproot or burn, or cause to be cut, uprooted or burnt, any tree, or (b) fell or remove any tree which, constitutes dangers to life or property, or is dead or diseased or wind fallen, or has silviiculturally matured, or (c) cut or remove any tree for the improvement of coffee crop in any coffee plantation in such area in any hill area as the Government may, by notification, specify in this behalf; Provided that where permission to cut or remove a tree is granted on the grounds referred to in clauses (a) to (c) above, the Committee shall impose as a condition the effective regeneration of an equal number of the same or other suitable species of trees, and for that purpose, may require the person to whom the permission is granted to deposit with the Committee a su m n ot exceeding one hundred rupees for each tree permitted to be cut or removed. (1-A) Not withstanding anything contained sub - section(1), permission may be granted by the Government to any person to clear any land by cutting, uprooting or burning or caus ing to be cut, uprooted or burnt any tree subject to the condition, that the land so cleared shall be used for growing coffee or tea. (2) No person shall cut or otherwise damage, or cause to be cut or damaged, the branch or any tree; Provided that this s hall not be deemed to prevent the pruning of any tr ace as required by ordinary Prohibition of cutting of trees 1. Omitted by Tamil Nadu XIV of 1980 agricultural or horticultural practice; Provided further that nothing contained in this sub - section shall be deemed to prevent the cutting or pruning of the branch of any tree for the purpose of providing proper shade for coffee or ten plantation. Prohibition of cultivation 4. (1) No person shall use, or cause to be used, any land within slope of more than one in three for any purpose other than the growing of trees. (2) No person shall use, or cause to be used, any land with a slope of less than one in three for new cultivation except with the previous permission of the Committee which may, while granting such permission impose such conditions asit may deem fit including those relating to soil conservation measures. (3) No person shall, after expiry of one year from the date on which this Act comes into force in any hill area, use or cause to be used, for cultivation any land in such hill area with a slope of less than one in three except with the previous permission of the Committee which may, while granting such permission impose such conditions as it may deem fit including conditions relating to soil conservation measures. (4) Nothing contai ned in sub -section (2) and (3) shall apply to any land with a slope of less than one in ten. Application for permission 5. Every application for permission shall be made in writing to the Committee and shall be in such form and shall contain such particulars as may be prescribed. Appeal 6. Any person aggrieved by an order refusing to grant permission under section 3 or section 4 may, within two months of the receipt of such order, prefer an appeal in writing to the Government and he Government s hall after giving the appellant they may think fit. Opportunity of being heard, pass such order thereon, as Penalty 7. Any person who is guilty of an offence under section 3 or section 4 or who contravenes any conditions imposed in a permission granted under this Act, shall on conviction be punishable with imprisonment which may extend to one year or with fine which may extend to five hundred rupees, or both. Forfeiture 8. Any court convicting a person of any offence 1. Omitted by Tamil Nadu XIV of 1980 under section 7 may direct the for feiture to Government of all tools and other articles used in the commission of the offence or which are the subject matter of the offence. 9.1[………….] Application for permission 10. The committee may, with a view ascertaining whether there has been a contravention of any of the provisions of this Act or any rule or order made there under, at any time, with or without its subordinates and servants enter in to and inspect any place. Power to entry and inspection 11. No Court shall take cognizance of any offence punishable under section 7 except on a complaint in writing of the committee. Cognizance of offences 12. The Government may, by notification make rules to carry out the purpose of this Act. Power to make rules 13. Nothing in this Act shall apply to the cutting, removal of an tree in accordance with section 133 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974). Savings 14. If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion may require, by order do anything which appears to them to be necessary for the purpose of removing the difficulty. Power to remove difficulties THE SCHEDULE [See Section 1(2)] 1. Coonoor municipal area. 2. Kodaikanal municipal area. 3. Ootacamund municipal area. 4. Yerkaud Panchayat area. By section 15 of the Tamil Nadu Hill Stations (Preservation of Trees) Amendment Act, 1979 it has been provided as follows :- "Reference to the Tamil Nadu Hill Stations (Preservations of Trees) Act, in any Act or i n any rule, notification, proceeding, order, regulation, by- law or other instrument made or issued under the Principal Act shall be construed as references to the Tamil Nadu Hill Area (Preservation of Trees) Act".