GOA DAMAN
AND DIU PRESERVATION OF TREES ACT, 1984 THE GOA DAMAN AND DIU PRESERVATION OF TREES ACT, 1984 [Act No. 6 of 1984] AN ACT to provide for the
preservation of trees in the Union Territory of Goa, Daman and Diu. Be it enacted by the
Legislative Assembly of Goa, Daman and Diu in the Thirty-fifth Year of the
Republic of India as follows:- (1)
This Act may be called the Goa, Daman and Diu Preservation of
Trees Act, 1984. (2)
It shall extend to the Whole of the Union Territory of Goa, Daman
and Diu. (3)
It shall come into force on such date as the Government may, by
notification, appoint. In this Act, unless the
context otherwise requiron. (a)
?Appellate Authority? means an authority appointed by the
Government as appellate authority under this Act; (b)
?blank area? means any piece of land (not being under cultivation)
measuring one-half of an hectare or more, which has five or less number of
trees growing on it per every half hectare; (c)
?Conservator of Forests? means the Conservator of Forests, Goa,
Daman and Diu; (d)
?Deputy Conservator of Forests? means a Forest Officer in-charge
of a Forest Division and exercising jurisdiction over the area; (e)
?Government? means the Government of Goa, Daman and Diu; (f)
?forest produce? includes- (a)
the following whether found in, or brought from, a forest or not,
that is to say-timber, charcoal, caoutchoue, catechu wood-oil, resin, natural
varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and (b)
the following when found in, or brought from, a forest, that is to
say- (i)
trees and leaves, flowers and fruits, and all other parts or
produce not hereinbefore mentioned, of trees, (ii)
plants not being trees (including grass, creepers, reeds and
moss), and all parts or produce of such plants, (iii)
wild animals and skins, tusks, horns, bones, silk, cocoons, honey
and wax, and all other parts of produce of animals, and (iv)
peat, surface soil, rock and minerals (including limestone,
laterite, mineral oils, and oil products of mines or quarries); (g)
?notification? means a notification published in the Official
Gazette; (h)
?rural area? means an area as specified in Schedules I and II; (i)
?to fell a tree? with its cognate expression, means severing the
trunk from the roots, uprooting the tree and includes bull-dozing, cutting,
girdling, lopping, pollarding, applying arboricides, burning or damaging a tree
in any other manner; (j)
?tree? means any woody plant whose branches spring from and are
supported upon a trunk or body and whose trunk or body is not less than five
centimetre in diameter at a height of thirty centimetres from the ground level
and is not less than one metre in height from the ground level; (k)
?Tree Officer? means a Forest Officer appointed as such by the
Conservator of Forests for the purposes of this Act; (l)
?urban area? means an area comprised in a Municipality and
includes such area as may be notified as urban area by the Government from time
to time for the purposes of this Act; (m)
?wood lot? means any piece of land of which trees in each hectare
being not less than twenty-five; (n)
?prescribed? means prescribed by rules made under the Act; (o)
Words and expressions used in this Act and defined in the Indian
Forest Act, 1927, but
not defined in this Central Act, shall have the meanings respectively assigned
to them in that Act. (1)
The Government shall, by notification, constitute a Tree Authority
for each revenue district in the Union territory of Goa, Daman and Diu. (2)
The Tree Authority shall consist of the following members,
namely:- (i)
Development Commissioner or any other officer not below the rank
of Secretary to the Government nominated by the Government Chairman; (ii)
Collector of the concerned revenue District Member. (iii)
Two Members of the Legislative Assembly nominated by the
Government-Members. (iv)
Two Representative of the local bodies nominated by the
Government-Members. (v)
Conservator of Forests or his nominee Member-Secretary. (3)
The Tree Authority may co-opt as member in such manner and for
such period as it may determine not more than three representatives of
non-official organisations and Government Departments having special knowledge
or pratical experience in the preservation of trees. (1)
The Tree Authority shall meet at least once in three months at
such place and time as the Chairman may decide. (2)
The qnorum to constitute a meeting of the Tree Authority shall be
three members referred to in sub-section (2) of section 3. (3)
No co-opted member shall have the right vote at a meeting. (4)
In the case of an equality oof votes on abny matter, the Chairman
shall have a second or casting vote. The Conservator of Forests
may, appoint one or more Forest Officers of a rank not below that of a Deputy
Conservator of Forests, as Tree Officers for the purposes of this Act. The Conservator of Forests
may, from time to time, appoint such other officers and servants as he may
consider necessary who shall be subordinate to the Tree Officer. Not Withstanding anything contained
in any other law for the time being in force, the Tree Authority shall, subject
to any general or special order of the Government, be responsible for- (a)
the preservation of all trees within its jurisdiction; (b)
carrying out 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)
spacifying standards regarding the number and kind of trees which
each locality, type of land 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,
sapplings and trees to person who are required to plant new trees or to replace
trees which have been felled; (e)
planting and transplanting of trees necessitated by construction
of buildings, new roads or widening of existing roads or replacement of trees
which have failed to come up along roaads or for safeguading danger to life and
property; (f)
organisation of demostration 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
gardens and on the banks of rivers or lakes or seashores; (h)
undertaking such schemes or measures as may be directed from time
to time by the Government for achieving the objects of this Act; (i)
undertaking critical study of the proposals of various Government
Departments and private bodies for construction of buildings, roads, factories,
irrigation works, laying out of electric, telephone, telegraphic and other
transmission lines with regard to protection of existing trees and planting of
more trees, whenever possible; and (j)
production, demarcation, acquisition and development of land as
wood lots, gardens, parks and picnic spots in cities, towns and villages for
the use and recreation of public. Not Withstanding anything
contained in any other law for the time being in force or in any custom or or
usage or contract and except as provided in this Act or the rules made
thereunder, no person shall fell or remove or dispose of tree or forest produce
in any land, whether in his ownership or occupancy or otherwise, except with
the previous permission of the Tree Officer: Provided that if the tree is not
immediately felled, there would be grave danger to life or property or traffic,
the owner of the land may take immediate action to fell such tree and report
the fact to the Tree Officer within twenty-four hours of such felling. (1)
Any person desiring to fell or remove or otherwise dispose of by
any means a tree, shall make an application to the to the concerned Tree
Officer for permission and such application shall be accompanied by attested
copies of the documents as may be prescribed in support of ownership over the
land, the number and kind of trees to be cut, their girth measured at a height
of 1.85 metres from ground level and the reasons therefor; survey sketch
showing clearly the site and survey numbers of the property. (2)
On receipt of the application, the Tree Officer may, after
inspecting the tree and holding such enquiry as he may deem necessary, either
grant permission in whole or in part or for reasons to be recorded in writing
refuse permission: Provided that such
permission shall not be refused if the tree- (i)
is dead diseased or wind-fallen; or (ii)
is silviculturally mature provided it does not occur on a steep
slope; or (iii)
constitutes a danger to life or property; or (iv)
constitutes obstuction to traffic; or (v)
is substantially damaged or destroyed by fire, lightning, rain or
other natural causes; or (vi)
is required in rural areas to be cut with a view to appropriating
the wood or leaves thereof or any part thereof for bonafide use for fuel,
fodder, agricultural implements or other domestic use. (3)
The Tree Officer shall give his decision within sixty days from
the date of receipt of the application: Provided that no permission shall be
granted to any person from the same area on more than two occasions during the
same year subject to a maximum area of one hectare at a time. (4)
If the Tree Officer fails to communicate his permission or refusal
within the period specified under sub-section (3), the permission referred to
in section 8 shall be demand have been granted. (5)
Every permission granted under this Act shall be in such form and
subject to such conditions, including taking of security for ensuring
regenerating of the area and replanting of trees or otherwise, as may be
prescribed. Every person, who is
granted permission under this Act to fell or dispose of any trees, shall be
bound to plant such number and kind of trees in the area from which the tree is
felled or disposed of by him under such permission, as may be directed by the
Tree Officer: Provided that the Tree
Officer may, for reasons to be recorded in writing, permit lesser number of
trees to be planted or trees to be planted in any different area or exempt any
person from the obligation to plant or tend any tree. (1)
Every owner of land shall, within a period of two years from the
date of commencement of this Act or within such extended period as the Tree
Authority may specify in this behalf, plant trees in blank areas so as to
conform to the standards specified by it under clause (c) of section 7. (2)
Where the Tree Office is of the opinion that the number of trees
in any land is not adequate according to the standards referred to in
sub-section (1), he may issue a notice to the owner of such land to show cause
as to why trees as may be specified in such notice should not be planted in
such land. (3)
The notice referred to in sub-section (2) shall be given in such
form and shall contain such particulars and shall be served in such manner as
may be prescribed. (4)
The Tree Officer may, after considering the cause, if any, shown
by the owner of such land, direct him to plant such number and class of trees
as may be specified in the direction. (1) Subject
to the provisions of section 14, it shall be the duty of the owner of the land
to comply with an order made under section 9, or a direction issued under
section 10 or section 11 and to plant trees in accordance with such an order or
direction and to ensure that they grow well and are well preserved. (1)
Every person who is under an obligation to plant trees under an
order made under section 9 or a direction given under section 10 or section 11
shall start preparatory work within thirty days of the date of receipt of the
order or direction, as the case may be, and shall plant trees in accordance
with such order or direction in the ensuing or following rainy season or within
such extended time as the Tree Officer may allow and shall provide adequate and
efective protection to the trees that exist or are planted in the land or the
area from any damage. (2)
In case of default by such person, the Tree Officer may cause
trees to be planted and may recover the cost of plantation from such person in
the prescribed manner. Not Withstanding anything
contained in this Act or in any other law for the time being in force, the Tree
Authority may, subject to such terms and conditions as it may specify in that
behalf, after giving notice to the owner of the tree to show cause, if any, as
to why the tree should not be given in adoption, allow, by a written
permission, any body corporate or institution to adopt the tree for such period
as may be specified in the permission and during such period, the said body
corporate or institution shall be responsible for the maintenance and
preservation of the said tree. (1)
An appeal shall be against the order or direction of the Officer
under sections 9, 10, 11 and 12 to the Appellate Authority within a period of
thirty days: Provided that an appeal may be admitted after the expiry of the
said period of thirty days if the appellant satisfies the Appellate Authority
that he had sufficient cause for not preferring the appeal within a period. (2)
Every appeal under this section shall be made by a petition in
writing and shall be accompanied by a copy of the order or direction appealed
against and shall be accompanied by a fee of rupees ten. (3)
In disposing of an appeal, the Appellate Authority shall follow
such procedure as may be prescribed: Provided that no appeal shall be disposed
of unless the appellant has been given a reasonable opportunity of being heard. Where the Tree Officer has
reasons to believe that an offence under this Act is committed in respect of
any tree, he may seize the tools, implements, any boats, vehicles, animals or
other conveyances 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)
Where any person is convicted of an offence under this Act, any
timber or the tree in respect of which an offence is committed, the tools and
implements used for felling, and any boats, vehicles, animals or other
conveyances used for its transport, may be order by the court to be forfeited
to Government. (2)
Any timber produce from the tree, tools and implements etc., and
any boats, animals or other conveyances forfeited under sub-section (1) shall
be disposed off by the Tree Officer in such manner as may be prescribed. The Tree officer may
release the property seized under section 16 if the owner of the land executes
a bound in such form as may be prescribed for its production whenever requried. (1)
Any Tree Officer or a Forest Officer not below the rank of a
Forest Ranger or a Police Oficer not below the rank of a Sub-Inspector may,
without a warrant, arrest any person reasonably suspected of having been
concerned in any offence under this Act, and such person refuses to give his
name or address which the concerned officer has reason to believe that the
person will abscond. (2)
Any person arrested under sub-section (1) 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 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 with the authority of the Magistrate. Any officer who has
arrested any person under the provisions of sub-section (1) of section 19 may
release such person on his executing a bond with proper surety to appear, if
and when so required, before the Police or the Forest Officer not below the
rank of Deputy Conservator of Forests or the Tree Officer. Every Tree Officer or his
subordinates or any Forest, Revenue or Police Officer shall prevent and may
interface for the purpose of preventing the comission of any offence under this
Act. (1)
The Government may, by notification, empower a Tree Officer or
Forest Officer not below the raank of Deputy Conservator of Forests- (a)
to compound any offence committed under this Act on payment of- (i)
a sum not exceeding rupees ten thousand by way of composition for
the offence which such person is suspected to have committed, and (ii)
the value of timber and other produce, if any, from the respect of
which the offence has been committed. (b)
to release any property seized or liable to confiscation, on
payment of the value therof, as estimated by such officer and the amount
determined as payable for composition of the offence, as ordered by the Tree
Officer or any Forest Officer, as the case may be. (2)
On the payment of such sums or such value or both, as the case may
be, to such Officer, the property seized and the offender, if in custody, shall
be released and no further proceedings shall be taken against such offender or
property. It shall be the duty of
every forest officer, Panchayat Secretary, Police Constable or any Officer
superior to him and every Officer of the Department of Agriculture, Land Survey
and Revenue- (a)
to give immediate information coming to his knowledge, of any
contravention of section 8 and of preparation to commit such contravention to
the Tree Officer or the Deputy Conservator Forests; (b)
to taake all reasonable measures in his power to prevent such
contravention which he may know or have reason to believe that it is about or
likely to committed. (1)
If the person committing an offence under this Act is a Company,
the Company as well as every person incharge of its business at the time of the
commission of the offence shall be deemed to guilty of the offence and shall be
liable to be prosecuted against and punished accordingly: Provided that nothing
contained in this subsection shall render any such person liable to any
punishment provided in this Act, if he proves that that the offence was
committed without his knowledge or that he exercised all due deligence to
prevent the commission of such offence. (2)
NotWithstanding anything contained in sub-section (1), where aan
offence under this Act has been committed by a Company and it is proved that
the offence was committed with the consent or connivanceof or is attributable
to any neglect on the part of any director, manager, secretary, treasurer or
other officer of the Company, such director, manager, secretary, treasurer or
other officer of the Company 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)
Any person who contravenes any of the provisions of this Act or
rules or orders made thereunder shall, on conviction, be punished with
imprisonment which may extend to one year or with fine which may extend to one
thousand rupees or with both. (2)
Every Forest Officer or Police Officer who vexatiously and
unnecessarily arrests or seizes any property on pretence of such property being
liable to forfeiture under this Act, shall be punishable with imprisonment for
a term which may extend to six months or with fine which may extend to five
hundred rupees or with both. The award of penalty or
forfeiture of any property under this Act shall not prevent the inflicting of
any punishment to which the person affected thereby is liable under any other
law. The officers exercising
powers or discharging any duties or functions under this Act shall be deemed to
be public servants within the meaning of section Central Act 21 of the Indian
Penal Code. 45 of 1860. No suit or proceedings
shall lie against the Government or any person empowered to exercise power or
to perform duties or discharge functions under this Act, for anything done or
purporting to be done or omitted to be done in good faith under this Act or the
rules and orders made thereunder. Any sum including any
amount for composition of an offence, the payment of which has been directed to
be made by any person under this Act shall, without prejudice to any other mode
of recovery under any law for the being in force, be recoverable from him as an
arrear of land revenue. Nothing in this Act shall
apply to the Government, a Government forest under the control of the Forest
Department, a forest or forest land notified under the Central Act Indian
Forest Act, 1927. 16 of 1927. Subject to such conditions,
if any, as may be imposed, the Government may, if it considers it necessary so
to do in the public interest, by notification, exempt any area or any spects of
trees from all or any of the provisions of this Act. (1)
The Government may in the interest of general public, declare by
notification that any class of trees shall not be felled for such period as is
specified in that notification. (2)
The management of such trees shall be regulated in the prescribed
manner. (1)
The 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 witnesses and
the production of documents and material objects; (c)
power to issue a search warrant under the Code of Criminal
Procedure, 1973; 2 of 1974. (d)
power to hold enquiries into offences under the Act and in the
course of such enquiry 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; and (g)
power to require 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 274, section 276 or section 277 of the Central Act Code of
Criminal Procedure, 1973, 2 of 1974 The provisions of section
41 of the Indian Central Act Forest Act, 1927 and CHAPTER V of the 16 of 1927.
Goa, Daman and Diu Forest Rules, 1964 shall mutatis mutandis, apply to the
transit of the felled trees under this Act. The Government may from
time to time give to the Tree Officers, other officers of the Tree Authority
and officers subordinate to them general or special directions regarding the
discharge of their functions and for carrying out effectively the purposes of
this Act, and such Tree Officers and other officers shall comply with the
directions issued. The Government may, by
notification, make rules to carry out the purposes of this Act. Nothing in this Act shall
be deemed to affect the operation of any other law and the rules made
thereunder and provision of this Act shall be in addition to and not in
derogation of the prrovisions of the said Act and rules made thereunder. (1)
The Goa, Daman and Diu Preservation of Trees (No.2) Ordinance,
1984 (Ordinance No. 2 of 1984) is hereby repealed. (2)
Not Withstanding such repeal anything done or any action taken in
exercise of any power conferred by or under the said Ordinance shall be deemed
to have been done or taken in the exercise of the powers conferred by or under
this Act as if this Act were in force on the day on which thing or action was
done or taken. SCHEDULE I (See section 2) Areas comprising of land,
outside the urban areas, under cultivation of coconut, areca-nuts, rubber,
cocoa, cashewnut, mango sapota or any other horticultural crop, including
woodlots and land belonging to the Government and leased out in favour of
others. SCHEDULE II (See section 2) Areas comprising of lands
outside the urban areas other than those included in Schedule I. U.D. SHARMA secretary to the Government
of Goa, Daman and Diu, Law Department (Legal Advice). Secretariat, Panaji- Goa, Dated:-20th August, 1984.
Preamble - THE GOA DAMAN AND DIU PRESERVATION OF TREES ACT, 1984PREAMBLE