LexThe Tamil Nadu Preservation of Private Forest Act 1949
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this actTHE TAMIL NADU PRESEVATION OF PRIVATE FOREST ACT, 1949.
TAMIL NADU ACT XXVII OF 1949.
(Received the assent of the Governor-General on the 10 th December 1949, first published in the Fort
St.George Gazette, Extra ordinary on the 14th December 1949.)
An Act to prevent the indiscriminate destruction of private forests and interference with customary and
prescriptive rights therein and for certain other purposes
WHEREAS it is necessary, to prevent the indiscriminate destruct ion of private forests and interference with
customary and prescriptive rights therein: It is hereby enacted as follows:-
1. (1) This Act may be called the Tamil Nadu Preservation of Private Forests Act, 1949.
2. It applies
(i) * * * *
(ii) to forests situated in estates as defined in the Tamil Nadu Estates Land Act, 1908, in the
State of Tamil Nadu ;
(iii) to private forests situated in other areas in the State of Tamil Nadu and having a contiguous
area exceeding forests for the purposes of this Act, by not ification, in the District Gazette, but does not apply
to reserved forests constituted under the Tamil Na du Forest Act, 1882, and lands at the disposal of the
Government as defined in that Act.
Explanation - A private forest exceeding 2 hectares in extent shall not cease to be such by reason only of the
fact that, in a portion thereof trees, shrubs or reeds are felled or cut with or without the permission of the
Committee or lands are cultivated, or ro cks, roads, tanks, rivers or the lik e exist nor shall the area of such
forest cease to be contiguous by reason only of the existence of all or any of the aforesaid circumstance.
(3) It shall come into force at once
2. In this Act unless there is anything repugnant in the subject or context-
(a) 'Committee' means any Committee constituted under Section 2A and having jurisdiction
(aa) 'Forest' includes waste or communal land containing trees, shrubs and reeds; pasture land and
any other class of land declared by th e State Government, to be a forest by notification in the Tamil Nadu
Government Gazette;
Explanation - For the purpose of the clause, 'communal land' means any land of the description mentioned
in sub clause (a) or sub-clause (b) of clause (16) of section 3 of the Tamil Nadu Estates Land Act, 1908;
(b) 'owner' in relation to a forest includes a mortgage lessee or other person having right to possession
and enjoyment of the forest;
(c) ‘person' includes a Hindu undivided family, a Marumakkattayam tarwad or tavazhi and an
Aliyasanthana family or branch;
(d) 'forest offence' means an offence punishable under the Act;
(e) the expressions 'Forest Officer', 'tre e', 'timber' 'Forest produce', 'cattle', 'Magistrate' and
'imprisonment'' shall have the meanings respectively assi gned to them in section 2 of the Tamil Nadu Forest
Act, 1882.
2-A. Constitution of Committees - (1) The State Government may, by notification with effect from such
date as may be specified therein, constitute for eac h district a Committee for the purpose of this Act,
consisting of the following members, namely;-
(a) the District Collector as Chairman of the Committee;
(b) the District Forest Officer having jurisdiction over the district;
(c) the Tahsildar having jurisdiction over the area;
(d) the Executive Engineer of the Agriculture Department in charge of soil conservation;
(e) the Personal Assistant (General) to the Collector of the district, who shall be the Secretary of the
Committee.
2-B. Meetings of Committee :- (1) The Commi ttee may meet as often as may be necessary and shall,
subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction
of business at its meetings (inc luding the quorum at meetings) as may be prescribed by the State
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 absence any member nominated by him in that behalf shall
preside at a meeting of the Committee.
(3) All questions t a meeting of the Committe e shall be decided by a majority of the votes of the
members shall be decided by a majority of the votes of the members present and voting and in the case of
an equality of votes, the Chairman of the Committee or in his absence the person presiding, shall have a
second or casting vote.
2-C Vacancy in Committee, etc., not to inva lidate acts or proceedings - No act or proceeding of the
Committee 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.
3. (1)(a) No owner of any forest shall, wi thout the previous sanction of the committee, sell, mortgage,
lease or otherwise alienate the whole or any portion of the forest.
Explanation - Nothing in this sub-section shall be construed as preventing the owner from selling or otherwise
dealing with the right to gather and remove forest produce other than trees, timber and reeds in the usual or
customary manner, for a period not exceeding two years.
(b) Any alienation in contravention of clause (a) shall be null and void-
(i) if the alienation is of any forest declared by the District Collector to be a forest under clause (iii) of
section 1(2) or of any portion of such a forest, and is made on or after the date on which the declaration takes
effect.
(ii) * * * * * * * * *
(iii) if the alienation is of any other fore st or of any portion of such a forest, and is made on or after the 16 th
August 1946.
(2) No owner of any forest, and no person claimi ng under him, whether by virtue of a contract, license or
any other transaction entered into before or after th e commencement, of the Tamil Nadu Preservation of
Private Forest Act, 1946, or any other person shall, without the previous permission of the Committee cut
trees or reds or do any act likely to denude the forest or diminish its utility as a forest:
(3) Notwithstanding anything contained in sub-se ction (1) or sub-section (2), the State Government may
exempt any forest or class of forests or class of trees therein from all or any of the provisions of this section.
4. Any person aggrieved by an order under clause (a) of sub section (1) of section 3 or under sub-
section (3) of that section in regard to the sanction or permission referred to in that clause or sub-section
may, within two months of the receipt of such order, prefer an appeal in writing to the State Government.
The State Government, shall pass such orders on the appeal as they may think fit.
5. (x x x x)
6. If, in the opinion of the State Government, it is necessary for the preservation of a forest, or forests,
they may, by notification in the Tamil Nadu Government Gazette:-
(i) Prohibit or regulate, the doing of any act likely to be detrimental to the preservation of such forest or
forests;
(ii) Regulate the exercise of customary or prescriptive rights in such forest or forests.
6-A The provisions of Chapter VII of the Tamil Nadu Forest Act, 1882, shall apply to offences punishable
under this Act subject to the following modifications, namely;-
(i) in section 41, the provision shall be omitted
(ii) in section 42, after the words 'the M agistrate shall, the expression "subject to the provisions of section 8
of the Tamil Nadu Preservation of Private Forests Act, 1949" shall be inserted;
(iii) in section 14 the words "shall, if it is the property of the Ce ntral or State Govern ment or has been
confiscated, be taken possession of by or under the authority of the District Forest Officer; and in any other
case" shall be omitted;
(iv) in sections 45 and 49, for the wo rds "the District Forest Officer" the words "Committee" shall be
substituted;
(v) in section 50-
(a) clause (a) shall be omitted;
(b) in clause (c), the word 'or' occurring at the end shall be omitted; and
(c) clause (d) shall be omitted;
(vi) section 56 shall be omitted
7 (1) Whoever contravenes the provisions of sub-se ction (1) or sub-section (2) of section 3 or any of the
terms of a notification under section 6 shall be punishable with imprisonment which may extend to two years
or with fine which may extend to five thousand rupees or with both.
(2) Notwithstanding anything contained in sect ion 32 of the Code of Criminal Procedure, 1898, it shall
be lawful for any Magistrate of the first class, specially empowered by the State Government in this behalf, to
impose a sentence of fine exceeding one thousand rupees.
8. No prosecution shall be instituted against any person without the sanction of the Committee.
9. No order of the State Government or t he Committee under this Act and no notification issued by the
State Government under section 6 shall be liable to be questioned in any Court of law.
10. (1)) The State Government may make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the classes or kinds of trees which may be permitted to be cut and the girth of such tree.
(b) the terms and conditions subject to which permissions may be granted;
(c) the procedure to be followed by the committee before ranting permissions.
11. x x x x
12. If any difficulty arises in giving effect to the provisions of this Act, th e State Government, may, as
occasion may arise by order do anything which appears to them necessary for the purpose of removing the
difficulty.
12-A Rules and orders to be placed before the Legislature -
(1) (a) All rules made under this Act, and all orders made under section 12 shall be published in the Tamil
Nadu Government Gazette, and unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published.
(b) All notifications issued under this Act sha ll, unless they are expressed ot come into force on a
particular day, come into force on the day on which they are published.
(2) Every rule under this Act, and every order made under section 12 shall, as soon as possible, after it
is made be placed on the Table of both Houses of the Legislature and if before the expiry of the session in
which it is so placed or the next session, both Houses agree in making any medication in any such rule or
order or both Houses agree that the rule or order should not be made, the rule-or order shall thereafter have
effect only in such modified form or be or no effect, as the case may be, an however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under that rule
or order.
13 (1) Any rule or order made or purporting to hav e been made, any notification issued or purporting to
have been issued, any decision or direction given or purporting to have been given, any action or proceeding
taken or purporting to have been taken or anything done or purporting to have been done-
(a) under any provision of the Tamil Nadu Preservation of Private Forests Act, 1946 (hereinafter
in this section and in section 13 referred to as the said Act) and in force immediately before the 3rd December
1948, or
(b) on or after the 3rd December 1948, under any provision of the said Act on the looting that the said Act
was in force at the relevant time, or
(c) under any provision of the Tamil Nadu Pr eservation of Private Forests Ordinance, 1940 (hereinafter
in this section referred to as the said Ordinance), shall subject to any subsequent modification or cancellation
thereof purporting to have been made on or after that date under the said Act on the looting that the said Act
was in force at the relevant time or under the sa id Ordinance be deemed to be a rule or order made,
notification issued, decision or di rection given, action or proceeding taken or thing don under the
corresponding provision of this Act.
(2) Any liability or penalty incurred or purporting to have been incurred, any punishment awarded or
purporting to have been awarded and any prosecution commenced or purporting to have been commenced-
(a) under any provision of the said Act before the 3rd December 1948, or
(b) on or after the 3rd December 1948 under any provision of the sa id Act on the looting that the said Act
was in force at the relevant time, or
(c) under any provision of the said Ordinan ce, shall be deemed to have been incurred or commenced
under the corresponding provision of this Act.
14. (1) No suit, prosecution or other legal proceeding shall lie in any court against any officer or servant of
the State Government or any person acting under his direction or aiding or assisting him
(a) for, or on account of, or in respect of, any sentence passed or any act ordered or done by
him in exercise of any jurisdiction or power purporting to have been conferred on him buy the said Act, or
(b) for carrying out any sentence passed by any court in exercise of any such jurisdiction or power as
aforesaid.
(2) No suit or other any sentence passed by any court in exercise of any such jurisdiction or power as
aforesaid.
(3) Sub-sections (1) and (2) shall have, effect although the said Act was not or might not have been in
force at the relevant time.
15. The Tamil Nadu Preservation of Private Forests Act,1946, and the Tamil Nadu Preservation of
Private Forest Ordinance, 1949, are hereby repealed.
ANNEXURE
CHAPTER VII OF THE TAMIL NADU FOREST ACT, 1882
Penalties and Procedure
41. When there is reason to believe that a fore st offence has been committed in respect of any timber or
forest produce, such timber or produce, together with all tools, ropes, chains, boats, vehicles and cattle used
in committing any such offence, may be seized by any Forest Officer or Police Officer.
Every officer seizing any property under this section shall place on such property or the receptacle (if any) in
which it is contained, a mark indicating that the sa me has been so seized, and shall, as soon as may be,
make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the
seizure has been made.
42. Upon the receipt of any such report the Magistra te shall subject to the provisions of section 8 of the
Tamil Nadu Preservation of Private Forests Act, 1939, ta ke such measures as may be necessary for the trial
of the accused and the disposal of the property according to law.
43. When any person is convicted of a forest o ffence, all timber, or forest produce in respect of which
such offence has been committed, and all tools, ropes, chains, boats, vehicles and cattle used in committing
such offence shall be confiscated to the Government.
44. When the trial of any forest offense is conc luded, any timber, or forest produce in respect of which
such offence has been committed may be disposed of in such manner as the Court may order.
45. When the offender is not known or cannot be f ound, the Magistrate if he is of opinion that an offence
has been committed, may, on application in this behalf, order the property in respect of which the offence has
been committed to be confiscated and taken possession of by or under the authority of the Committee or to
be made over to any person whom the Magistrate considers to be entitled to the same:
Provided that no such order shall be made until the ex piration of one month from the date of seizing such
property or without hearing the person (if any) claiming any right thereto, and the evidence (if any) which he
may produce in support of his claim.
The Magistrate shall cause a notice of any applic ation under this section to be served upon any person
whom he has reason to believe is interested in the pr operty seized, or shall publish such notice in any way
which he thinks fit/
46 (1) Notwithstanding anything herein before contained-
(a) the Magistrate may direct the sale of any property seized under section 41 which is subject to
speedy and natural decay; and
(b) if, in the opinion of the office r seizing such property it is not possible to obtain the orders of
the Magistrate under clause (a) in time, such officer may sell the property himself remit the sale-proceeds
into the nearest Government treasury and make a report of such seizure, sale and remittance to the
Magistrate and thereupon the Magistrate shall take such measures as may be necessary for the trail of the
accused.
(2) The Magistrate may deal with the proceeds of the sale of any property held under clause (a) or clause (b)
of sub0section (1) in the same manner, as he might have dealt with the property if it had not been sold.
47. Any person claiming to be interested in property seized under section 41 may, within one month from
the date of any order passed under sections 43,44 or 45, present an appeal there from which may be
disposed of in the manner provided by section 419, Code of Criminal Procedure.
48. When an order for the confiscation of any property has been passed under section 43 or 45, and the
period limited by section 47 for presenting an appeal fr om such order has elapsed and no such appeal has
been presented, or when on such an appeal has been resented, or when on such an appeal being
presented the Appellate Court confirms such order in respect of the whole or a portion of such property, such
property or portion, as the case may be, shall vest in the State free from all encumbrances.
49. Nothing hereinbefore contained shall be deemed to prevent the Committee from directing at any time
the immediate release of any property seized under se ction 41 and the withdrawal of any charge made in
respect of such property.
50. Whoever, with intent to cause damage or injury to the public or to any person, or to cause wrongful
gains as defined in the Indian Penal Code-
(a) * * *
(b) unlawfully affixes to any timber or standing tree a mark used by Forest Officers; or
(c) alters, declares or obliter ates any such mark placed on any timber or standing tree by or
under the authority of a Forest Officer;
(d) (* *)
shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend
to one thousand rupees, or with both.
51. Any Forest Officer or Police Officer, ma y, without orders from a Ma gistrate and without a warrant,
arrest any person reasonably suspected of having bee n concerned in any forest offence punishable with
imprisonment for one month or upwards if such person refuses to give his name and residence, or gives a
name or residence which there is reason to believe to be false, or if there is reason to believe he will
abscond.
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 with in 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.
52. Any Forest Officer or Police Officer w ho vexatously and unnecessarily seizes any property on
pretence of seizing property liable to confiscation under this Act, or who vexatiously and unnecessarily
arrests any person, shall be punished with imprisonment for a term which may extend to six months, or will
fine which may extend to five hundred rupees, or with both.
53. Every Forest Officer and Police Officer shall present, and may interfere, for the purpose of preventing,
the commission of any forest offence.
54. Nothing in this Act shall be deemed to prevent any person from being prosecuted under any other law
for any act or omission which constitutes a forest off ence, or form being liable under such other law to any
higher punishment or penalty than that provided by this Act or the rules made there-under; Provided that no
person shall be punished twice for the same offence.
55. Any Forest Officer specially empowered in this behalf may accept, from any person reasonably
suspected of having committed any fore st offence other than an offence under section 50 or section 52, a
sum of money by way of compensation for the property has been seized as liable to confiscation, may
release the same on payment of the value thereof as estimated by such officer.
On the payment of such sum of money, or such value, or both as the case may be, to such officer, the
accused person, if in custody, shall be discharged , the property seized shall be released, and no further
proceedings shall be taken against such person or property.
56 * * * * * * * * * *
THE TAMIL NADU PRESER VATION OF PRIVATE FORESTS (EXTENSION TO KANYAKUMARI
DISTRICT) ACT, 1979.
ACT No.28 of 1979.
An Act to extend the Tamil Nadu Preservation of Private Forests Act, 1949 to the Kanyakumari District
The following Act of the Tamil Nadu Legislature received the assent of the President on the 3 rd May
1979, and is hereby published for general information:-
BE it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth Year of the Republic of India as
follows:-
1. Short title and commencement - (1) This Act may be called the Tamil Nadu Preservation of Private
Forests (Extension to Kanyakumari District) Act, 1979.
2. It shall come into force on such date as the State Government may, by notification, appoint.
2. Definition - In this Act, unless the co ntext otherwise requires, "existing law" means any law,
Ordinance, Proclamation, Regulation or Order, By law or Rule passed or made before the date of
commencement of this Act by Parliament, or any legisl ature, authority or person having power to make such
a Law, Ordinance, Proclamation, Regulation, Order, By Law or Rule.
3. Extension of Tamil Nadu Act XXVII of 1949 - The Tamil Nadu Preservation of Private Forest Act,
1949 (Tamil Nadu Act XXVII of 1949) as in force immediately before the date of commencement of this Act in
the State of Tamil Nadu except the Kanyakumari District, is hereby extended to, and shall be in force in the
Kanyakumari District.
4. Repeal of corresponding laws-If, immediat ely before the date of commencement of this Act, there is
in force in the Kanyakumari District any Act, Ordinanc e, Proclamation, Regulation, Order, By-law, Rule or
other law corresponding to the enactment now extended to the Kanyakumari District, whether such Act,
Ordinance, Proclamation, Regulation, Order, By law, Rule or other law is in force by virtue of section 199 of
the States Reorganization Act, 1956 (Central Act 37 of 1956) or by virtue of any other legislative power such
corresponding law shall, on the date of commencement of this Act, stand repealed to the extent within the
corresponding law relates to matter with respect to which the State Legislature has power to make laws for
the State.
5. Savings - (1) The repeal by section 4 of any corresponding existing law shall nor affect-
(a) the previous operation of any such law or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired accrued or incurred under any such law, or
(c) any fine, penalty, forfeiture or punishm ent incurred in respect of any offence committed against any
such law, or
(d) any investigation, legal proceeding or re medy in respect of any such right, privilege, obligation,
liability, fine, penalty, forfeiture or punishment as afor esaid;and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced and any such fine, penalty, forfeiture or punishment may be
imposed as if this Act had not been passed.
(2) Subject to the provisions of sub-se ction (1); anything done or any action taken including any
appointment or delegation made, notification order, instru ction or direction issued rule, regulation, form, by-
law or scheme framed, certificate, permit or lice nse granted or registration effected, under such
corresponding existing law shall be deemed to have been done or taken under the corresponding provision
of the enactment is now extended to, and in force in the Kanyakumari District and shall continue in force
accordingly, unless and until superseded by anything done or any action taken under the said enactment.
6. Construction of references to laws not in force in the Kanyakumari District (1) Any reference in the
enactment now extended to the Kanyakumari District to a law which is in force in the Kanyakumari District
shall, in relation to that district, be construed as a refere nce to the corresponding law if any, in force in that
District.
(2) Any reference in any existing law which conti nues to be in force in the Kanyakumari District after the
date of commencement of this Act to any law repealed by section 4 shall in relation to that District be
construed as a reference to the enactment now extende d to the Kanyakumari District corresponding to the
law so repealed.
7. Construction of reference to authorities where new authorizes have been constituted - Any reference,
by whatever form of words, in any existing law to an y authority competent at the dat e of the passing of that
law to exercise any powers or discharge any functi ons in the Kanyakumari Di strict shall, where the
corresponding new authority has been constituted by or under the enactment now extended to the
Kanyakumari District, have effect as if it were a reference to that new authority.
8. Powers of courts and other authority for purposes of facilitating application of laws- For the purpose of
facilitating the application in the Kanyakumari Distri ct of enactment now extended to the Kanyakumari
District any court or other authority may construe such enactment with such alte rations not effecting the
substance as may be necessary or proper to adopt to the matte r before the court or other authorities.
RULES UNDER SECTION 10 OF THE TAMIL NADU PRESERVATION OF PRIVATE FOREST ACT
In exercise of the powers conferred by section 10 of the Tamil Nadu Preservation of Private Forests Act,
1946 (Tamil Nadu Act XVIII of 1946) and in super session of the rules published with Development
Department Notification, dated the 3rd September 1946, as pages 211-213 of the Rules Supplement to Part I
of the Fort St.Geroge Gazette, dated the 3 rd December 1946, the Governor of Tamil Nadu hereby makes
the following rules:-
RULES
1. These rules shall apply to all the forests to which the Tamil Nadu Preservation of Private Forests Act,
1946 applies
Explanation :- In the case of forest referred to in secti on 1 (2) (ii) of the said ?Act, the rules shall apply to all
such forest whether or not he provision of Secti on 26 of the Madras Freest Act, 1882 have been applied to
them.
2. Nothing contained in these rules shall apply to-
(a) the cutting of sandalwood trees
OR
(b) the thinning of private plantations of teak , casuarinas and eucalyptus wi thout reference to the girth
limits prescribed in Schedule I to these rules provided that such thinning is manifestly done for the silvi-
cultural improvement of the crop;
OR
(c) the cutting and removal of fuel small ti mber reeds and green manure leaf in head for bonafide
agricultural or domestic purposes but not for sale;
OR
(d) the cutting and removal of fuel, reeds and small timber granted free of charge by the owner to poor
people affected by floods or fires, or for charitable purposes.
3. The cutting of sandalwood trees in a fo rest and their transport outside it shall be governed by the
rules in respect of sandalwood made under section 35 and 36 of the Madras Forest Act, 1882 in the areas I
which these rules are in force.
4(1)(a) Before granting permission to cut trees by the clear felling method in a forest, one or more compact
block shall be selected so as to provide not less than ten (10) annual coupes in respect of Casuarina,
Eucalyptus and wattle trees and twenty (20) annual coupe s in respect of silver oak trees fifteen (15) annual
coupes in respect of pine trees and tw enty-five (25) annual coupes in respect of other trees. Trees shall be
permitted to be cut only in one coupe in each block during a specified year.
(b) The boundaries of the private forest in re spect of which permission to cut trees is applied for should
be demarcated clearly and a topo-sketch drawn to such scale as may be specified in the District Collect
prepared showing the location of the private fores t, hill tops and stream banks that should not be worked
under clear felling or selection methods. This topo sk etch should be attached to the application made under
section 3 (1) (a) of the Act to the District Collector”
(2) If it is not possible to divide a block of fo rest into a series of annual coupes permission to cut trees in
a whole block may be granted subject to the condition that no permission to cut trees in any block will be
granted unless the trees therein have a growth of not less than
(i) 60 (sixty) can in girth at breast height at the time of first fe lling and ten (10) years thereafter at the
time of subsequent felling in the case of Silver Oak trees. Casuarina, Eucalyptus and Wattle trees;
(ii) 80 (Eighty) Centimetre in girth at brea st height at the time of first felling and twenty (20) years
thereafter at the time of subsequent felling in the case of Silver Oak trees.
(iii) 80 (eighty) Centi-metre in girth at breast height at the time of first felling and fifteen (15) years
thereafter at the time of subsequent felling in the case of Pines tree and
(iv) 70 (Seventy) centimeter in girth at breast hei ght at the time of forest felling and twenty five (25) years
thereafter at the time of subsequent felling in the case of other trees”
(3) In any particular area, selection felling sha ll be allowed only over in 15 years and the number of tees
that may be felled should not exceed seven trees per hectare, of girth not less than that specified in Schedule
I to these rules.
(4) Before granting permission to cut trees by the selection method, the fo rest block selected shall be
divided into as many annual coupes as the District Co llector may direct. Only one coupe shall be worked in
each year.
(5) Before granting permission to cut reeds the area shall be divided into four coupes, only one coupe
shall be worked in a year.
5. (A) Every application to the Dist rict Collector for permission to cut trees made by the owner of a forest or
any other person specifically authorized by him inth at behalf shall contain the following particulars and be
accompanied by the following documents:-
If the application is for the cutting of trees by the clear-fe lling method, that is to say, the felling of all trees in
the areas for the purpose of utilization mainly as fuel:-
(a) Location, name, survey number and app roximate area of the whole forest in which the area
containing the trees proposed to be felled is included.
(b) Location, name, survey number and average of the area containing the trees proposed to be felled,
preferably in the form of surveyed sketch.
(c) A certificate to the effect that the bound aries of the area containing the trees proposed to be felled,
have been demarcated clearly on the ground by lines 1.83 metres (or are defined already by natural features
such as streams, beds, bridges etc)
(d) Proof of ownership of the forest of the trees proposed to be felled.
(e) The route by which the felled trees will be taken to the nearest market.
(f) The manner in which the applicant proposes to ensure the regeneration of trees in the place of the
tree proposed to be felled.
(g) A certificate that the trees proposed to be felled are in accordance with the specifications prescribed
in clause in sub-rule (1) and sub-rule (2) of rule 4, as the case may be is required.
(h) The period, which shall not exceed one year within when the felling will be completed.
(B) If the application is for the felling of trees by the selected method, that is to say, the felling of only
selected trees of timber, the following information shall be furnished in addition to that specified in items (a)
to (e) above:-
(a) A statement in duplicate containing a list enumerating the trees proposed to be felled, numbered
serially indicating the species and girth at breast hei ght, viz., not less than that specified in schedule I to
these rules.
(b) A certificate to the effect that all trees included in the list have been serially numbered in tar in a
conspicuous manner (at the base of the tree and at breast height)
(C) If the application is for the cutting of reed s, the following information shall be furnished in addition to
those specified for cutting of trees in items (a) to (d) and (f) of clause (A) above:-
(a) A certificate to the effect that the reed coupes proposed to be worked are not less than four years old.
(b) the period, which shall not exceed one year, within which the felling shall be completed.
6. Every application other than an application referred to in rule 12 shall be affixed with a court fee label
of Rs.10 which shall not be refunded even if the application is rejected by the District Collector.
7. Every permission granted for the cutting of trees under the clear felling method shall be subjected to
the following conditions:-
1. (a) Felling and removal of any tree growth within 20.12 metre of either bank of any stream is prohibited.
(b) All trees except casuarinas shall be felled at a height not exceeding 0.15 metre from the ground the bark
being left intact on the stump and adhering to it all round the stump without being torn off or otherwise
damaged. In the case of casuarinas trees, the removal of the stump and root will also be permitted.
1 .(c) Every coupe in which trees have been felled in any year shall be demarcated at four prominent corners
with coupe stones showing the year of felling and the area felled.
(2) (d) Every coupe in which trees have been felled in any year, shall be planted up by the permit holder
within that year and unless this done, the permit holde r shall not be granted permission to fell the remaining
coupes.
(e) The felled area shall be closed to grazing for a period of five years after felling.
(f) The permission will be valid only for the period specified therein which shall not exceed one year.
(g) The maximum extent of the area for which permissi on shall be granted for clear felling in forests at any
one time for planting rubber or fuel species or timbre or with coffee or tea or other plantation crops shall be
twenty hectares.
A Security Deposit of a sum not exceeding Rs.125 per hectare of land to be cleared shall be collected from
the applicant before the felling is allowed. Regenerati on of the felled are will be done by the Forest
Department at the cost of the permit holder in the event of the permit holder failing to plant the clear felled
area to the satisfaction of the Collector within the time felled area to the satisfaction of the Collector within the
time limit stipulated in the permit. If the Security Deposit is insufficient for re generation by the Forest
Department, the excess amount required will be recovered from the permit holder. If the Security Deposit is
found to be in excess of amount spent by the Forest Department for regen eration the excess amount will be
refunded to the permit holder three years after the completion of the regeneration by the Forest Department.
In case, where the area has been planted within the time after clear felling to the satisfaction of the Collector,
the Security Deposit shall be refunded three years after the completion of the planting:
1. G.O.Ms.No.796, Agriculture, dated 19th March 1955.
2. G.O.Ms.No.2060, Agriculture, dated 23rd August 1955.
Provided that none of the conditions mentioned above except conditions (a) (f) and (g) shall apply to
permission granted for the felling of trees for purposes of bonafide cultivation of food crops or plantation
crops. If for reasons which are considered bonafide by the Collector, the cleared area could not be brought
under cultivation or plantation within a period of one year from the date of the permit, the Collector may grant
extension of time
Provided further that in the matter of clearing of forest even for bonafide cultivation of food crops or plantation
crops only such forests as are not really covered by any thick growth shall be permitted to be cleared and the
District Collector shall satisfy himself before such permission is granted that::-
(1) there will be no denudation of the forest if the permission is granted, and
(2) the area sought to be cleared has been inspected by the District Forest Officer or a Gazetted
Assistant having jurisdiction over the area in which the forest is situated, if any, or by the Tahsildar or Deputy
Tahsildar having jurisdiction over such area.
(3) clear felling should be confine d to foot hills an d easy slopes leaving the top hill of any hillock to
selection felling or no working at all.
8.(!) In granting permission for the cutting of trees by the selection method, the District Collector shall have
regard to the following:-
(a) In the case of private forests in the State per mission to cut the trees specified in column (1) of
the Table below shall be granted only if the minimum girth at breast height is not less than the limits specified
in the corresponding entries in column (2) thereof.
THE TABLE
Trees Girth of breast height
(1) Casuarina 60 centimetre
(2) Eucalyptus 60 centimetre
(3) Wattle 60 centimetre
(4) Silveroak 80 centiimetre
(5) Pines
(6) Other trees not mentioned in
Schedule I 70 centimetre
(b) The boundaries of the area containing the marked trees permitted to be felled, shall be defined and
demarcated clearly on ground.
(c) Holders of selection felling permits shall maintain a register showing the particulars of the trees felled
viz., serial number, species, girth at breast height, date of felling, details of timber extracted from each tree,
date of transport of the felled produce and remarks, if any. The register shall be liable for inspection by any
Forest or Revenue Officer at any time and a copy of it shall be furnished to such authority as the District
Collector may, prescribe I the permit, after the completion of the operation in the forest.
(d) The timber or logs, extracted shall bear at one of the end surfaces se rial number of the tree from
which it was obtained and the sequence of log in the tree denoted by letter A.B.C, etc.
(e) Selection felling should be limited to not more than seven trees per hectare of minimum girth
specified in Schedule I to these rules and second felling should not be permitted in the same area within 15
years.
(2) Every permission ranted under sub-rule (1) shall be subject to the following conditions.
(a) The serial number of the tree felled shall be marked in a conspicuous manner on the stump.
(b) Not more than two thirds of the number of calms in a clump shall be cut.
(c) No culms less than two years old shall be cut.
(d) No culm shall be uprooted, but shall be cut at a height not exceeding twenty-two centimeters from the
ground level.
(e) Every coupe in which reeds have been cut in any year shall be demarcated at four prominent corners
with coupe of once showing the year of felling and the area felled.
(f) The permission shall be valid only for the period specified therein; the period shall not exceed one
year;
Provided that none of the conditions mentioned abov e shall apply to permission granted for the cutting of
reeds for the purpose of bonafide cultivation of food crops or plantation crops. Only such forests as not really
covered by any thick growth shall be permitted to be cl eared and the District Colle ctor shall satisfy himself
before such permission is granted-
(1) that there will be no denudation of the forest if the permission is granted and
(2) that the area sought to be cleared has been inspected by the Forest Ranger having
jurisdiction over the area in which the forest is situated, if any, or by the Tahsildar or Deputy Tahsildar having
jurisdiction over such area.
9(1) Permission for the cutting trees under the Select ion method below the girth specified in rule 8 (1) (a)
and for the use as telegraph or electric transmission pol es, shall be granted only in respect of the species of
trees specified in Schedule II to these rules provided that the owner of the fore st or any person deriving
authority from him holds a Contract for the supply of poles to any department of the Government of India or
of the Government of Tamil Nadu or to licensee authorized to distribute electric energy in the province
(2) Every such permission shall be subject to the following conditions:-
(a) Only straight poles in accordance with the specifications furnished by the Government Department or
licensee referenced to in sub-rule (1) shall be felled.
(b) The felling shall be effected at a height not exceeding 0.15 metre from the ground, if the girth of the
tree at breast height is below 0.91 metre and the bank shall be left intact on the stump but shall be cut
smooth and clean and adhering to the stump all round
10. Permission for the cutting of tree under the selection method below the girth specified in the rule 8 (1)
(a) and (b) for the as masts of country crafts sh all be granted and only in respect of Poon (Calophyllum
elatum) and Puli (Pallikulium ellpticum).
10.A. In cases., where permission has been grant ed only for exploitation of bamboos and not for clear
felling, the permission for the working of bamboos shall be subject to the following conditions namely:-
(i) A minimum of six mature culms should be left in each clump; a clump shall be considered mature, if it
is at least one year old.
(ii) No culm which is less than a year old shall be felled.
(iii) No culm shall be removed with rhizome.
(iii) Felling shall be made at the side of the clump opposite to that from
which the largest number of new culms spring up.
(vi) All cutting of bamboos shall be below one metre but not below the first
node from ground level.
(vii) Portions of the clum that had been extracted shall not be left hanging on or within the clump
Provided that the conditions specified above shall not apply where permission is granted for clear felling
11. Permission for converting wood into charcoal fo r running the engine in a tea factory will be considered
only in respect of the estates which are using the wood for such purpose, subject to the following conditions,
namely:-
(a) Burning of charcoal Excerpt shown. Open the full act in Lexace.