LexThe Rosewood Act 1994
Tamil Nadu · state statute
Open in Lexace · Ask the AI about this act Tamil Nadu Rosewood Trees (Conservation) Act, 1994
(Tamil Nadu Act 1 of 1995)
PREAMBLE
Section CONTENTS
1 Short title, extent, commencement and duration
2 Definition
3 Prohibition of cutting, etc., of rosewood tree
4 Prohibition of transport, sale or possession of rosewood tree
5 Power of entry, inspection, etc.
6 Offences and penalties
7 Offences by companies
8 Offences under this Act to be cognizable
9 Jurisdiction of Criminal Court
10 Presumption as to commission of offence in respect of
rosewood tree
11 Protection of action taken in good faith
12 Act to over-ride other laws, contracts, etc
13 Power to make rules
14 Power to remove difficulties
Tamil Nadu Rosewood Trees (Conservation) Act, 1994
(Tamil Nadu Act 1 of 1995)
An Act to provide for the conservation of rosewood trees in
the State and for matters connected therewith or ancillary or
incidental thereto.
Whereas the popu lation of rosewood trees are on the
decline in view of vast felling, removal, transport and sale of
rosewood trees due to its increased market value resulting in the
extinction of its species in the forests of Tamil Nadu;
And Whereas, rose wood tree is one of the important wood
species endemic in the forests of Southern India, especially in
Tamil Nadu;
And Whereas, the rosewood is a rare species which is
almost impossible to regenerate except by natural growth;
And Whereas, under the existing provisions of law it is not
possible to arrest the diminishing trend in the existence of
rosewood trees in the State;
And Whereas, to conserve the existing rosewood trees in the
forest and in the interest of mai ntaining the heritage of forest, it
has become necessary to prohibit the cutting, felling, transport,
sale and possession of rosewood trees in the State immediately;
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Forty -fifth Year of the Republic of India as
follows:-
(1) This Act may be called the Tamil Nadu Rosewood Trees
(Conservation) Act, 1994.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force at once and remain in force
for a period of 1[thirty years]
(4) Upon the expiry of this Act, the provisions of section
8 of the Tamil Nadu General Clauses Act, 1891 (Tamil Nadu Act I
of 1891) shall apply as if this Act has then been repealed by a
Tamil Nadu Act.
Short title,
extent,
commencement
and duration
In this Act, unless the context otherwise requires,-
(1) "Forest" includes waste or communal land containing
trees, shrubs, and roads, pasture land, and any other class
of land declared by notification by the Government to be a
forest.
Explanation. - For the purposes of clause "communal
land" means -
(i) beds and buds of tanks and of supply,
drainage, surplus or irrigation channels;
(ii) threshing-floor, cattle -stands, village -sites and other
lands which are set apart for the common use of the villagers;
(2) "Government" means the State Government;
(3) "prescribed authority" means, an authority, officer or
person empowered by the Government by notification to be
Definition
1. Amended vide Tamil Nadu Government Extraordinary Gazette Notification No.38
Dated 12.02.2010
the prescribed authority for the purposes of this Act;
(4) "Rosewood tree" includes Blackwood, rosewood, Indian
rosewood and Malabar black wood, their stumps and brush
woods and also includes rose wood trees when they have
fallen or have been felled and all rose wood whether cu t up
or fashioned or hollowed out for any purpose or not.
Notwithstanding anything contained in any law for the time
being in force or in any custom or usage, or in any judgment,
decree or order of any Court or other authority, no person shall
cut, fell, girdle, lop, tap, uproot or burn or otherwise damage any
rosewood tree in any forest or do any act likely to endanger its
existence or result in the extinction of its species: Provided that
dead or fallen rosewood tree may be removed with the permission
of the prescribed authority in accordance with such r ules as may
be prescribed.
Prohibition of
cutting, etc., of
rosewood tree
No person shall transport, sell or have in his possession, any
quantity of rosewood tree which was procured in contravention of
the provisions of section 3.
Prohibition of
transport, sale or
possession of
rosewood tree
(1) The Collector or any Forest Officer not below such rank as
the Government may, by order specify in this behalf may,-
a) enter and inspect at any time by day or by night, any place
in which it is reasonably suspected that an offence under
this Act has been, or is being, committed.
b) seize any rosewood tree in respect of which he has reason
to believe that any provision of this Act has been, is being,
or is about to be contravened along w ith the packages,
coverings or receptacles in which such rosewood tree is
found or tools or weapons used for the commission of the
offence or animals, vehicles, vessels, boats or
conveyances used in carrying such rosewood tree and
thereafter take all measu res necessary for securing the
production of the packages, covering, receptacles, tools,
weapons, animals, vehicles, vessels, boats or
conveyances so seized, in a Court and for their safe
Power of entry,
inspection, etc.
custody pending such production.
(2) All searches under s ub-section (1) shall be made in
accordance with the provisions of the Code of Criminal
Procedure, 1973
(Central Act 2 of 1974).
(1) Any person who contravenes any provisions of this Act, or
any rule or order made there under shall, on conviction, be
punishable with imprisonment for a term which may extend to five
years and with fine which may extend to twenty thousand rupees:
Provided that-
a) for a first offence, the term of such imprisonment shall not
be less than two years and such fine shall not be less than
seven thousand and five hundred rupees;
b) for a second or subsequent offences, the term of such
imprisonment shall not be less than three yea rs and such
fine shall not be less than fifteen thousand rupees.
(2) When any person is convicted of an offence against this
Act, the Court trying the offence may order that any rosewood tree
in respect of which the offence has been committed, and any
package, covering, receptacle tool, weapon, animal, vehicle,
vessel, boat or conveyance used in the commission of the said
offence be forfeited to the Government and such forfeiture shall be
in addition to any other punishment t hat may be awarded for such
offence.
Offences and
penalties
(1) Where an offence punishable 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 the business of the company, as
well as the company, shall be deemed to be guilty of the offence
and 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 had
Offences by
companies
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 attributabl e to any neglect
on the part of any direc tor, manager, secretary or 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 anybody corporate and includes firm or
other association of individuals; and
b) "director" in relation to a firm means a partner in the firm.
(1) Any offence punishable under this Act shall be a
cognizable offence within the meaning of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).
(2) No Court shall take cognizance of any offence punishable
under this Act except upon a complaint in writing by the prescribed
authority or an officer generally or specially authorised by the
Government in this behalf.
Offences under
this Act to be
cognizable
(1) No Court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence
punishable under this Act.
(2) Notwithstanding anything contained in section 29 of the
Code of Criminal Procedure, 1 973 (Central Act 2 of 1974) it shall
be lawful for a Metropolitan Magistrate or a Judicial Magistrate of
the first class to try any offence punishable under this Act.
Jurisdiction of
Criminal Court.
Whenever any person is accused of any offence under this Act
in respect of any rosewood tree, it shall be presumed until the
contrary is proved that such person has committed such offence.
Presumption as
to commission of
offence in
respect of
rosewood tree
No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to
be done in pursuance of this Act.
Protection of
action taken in
good faith
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the
rime being in force, or any custom, usage or contract or judgment,
decree or order of a Court or other authority.
Act to over-ride
other laws,
contracts, etc
(1) The Government may make rules to carry out the purposes
of this Act.
(2) (a) All rules made under this Act 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 shall, unless they
are expressed to come into force on a particular day
come into force on the day on which they are so
published.
(3) Every rule made or notification issued under this Act and
every order made under section 14 shall, as soon as possible
after it is made or issued, be placed on the table of the Legislative
Assembly and if before the expiry of the session in which it is so
placed or the next session, the Assembly makes any modification
in any such rule, notification or order or the Assembly decides that
the rule, notification or order should not be made or issued, the
rule, notification or order 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 rule,
notification or order.
Power to make
rules
If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by an order published in the Tamil
Nadu Government Gazette, make such provisions not inconsistent
with the provisions of this Act as appear to them to be ne cessary
or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of
two years from the date of the commencement of this Act.
Power to
remove
difficulties