Section 5 in Kerala Preservation of Trees Act, 1986
5. Prohibition of cutting of tree in notified areas.
(1)Not-Withstanding 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 wind fallenProvided 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 authorised officer, cut, uproot, bum or otherwise destroy or cause to be cut, uprooted, burnt or otherwise destroyed any tree in any area specified in the notification Hinder sub-section (1) on any ' of the grounds specified therein.Explanation I. - For the purposes of this section, the term "tree" shall include any speoies 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.
