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State of Tamilnadu- Act

Tamil Nadu Hill Areas (Preservation of Trees) Rules, 1957

TAMILNADU
India

Tamil Nadu Hill Areas (Preservation of Trees) Rules, 1957

Act 510 of 1957

Published on 15 September 1957
Commenced on 15 September 1957
[This is the version of this document from 15 September 1957.]
[Note: The original publication document is not available and this content could not be verified.]

Tamil Nadu Hill Areas (Preservation of Trees) Rules, 1957Published vide Notification No. G. O. No. 2795, Food and Agriculture, dated 15th September 1957 - SRO No. D-510 of 1957G. O. No. 2795, Food and Agriculture, dated 15th September 1957. - In exercise of the powers conferred by section 12 of the Tamil Nadu Hill Areas (Preservation of trees) Act, 1955 (Tamil Nadu Act XVII of 1955), the Governor of Tamil Nadu hereby makes the following rules.-

1.

These rules may be called the Tamil Nadu Hill Areas (Preservation of Trees) Rules, 1957.

2.

In these rules, unless there is anything repugnant, in the subject or context,-

(i)"the Act" means the Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 (Tamil Nadu Act XVII of 1955);

(ii)"section" means a section of the Act;

(iii)"form" means a form appended to these rules;

(iv)"slope of more than one in three" means slope steeper than 1 in 3;

(v)"slope of less than one in three" and "slope of less than one in ten" means slope milder than one in three and slope milder than one in ten respectively;

(vi)"committee" means any committee constituted under section 2-A of the Act and having jurisdiction.

3.

Nothing contained in these rules shall apply -

(a)to the foiling of trees in Government Reserved Forests by or under the authority of the District Forest Officer concerned;

(b)to the felling of trees in Government Cinchona plantations by or under the authority of the Director of Cinchona; and

(c)to the cutting or pruning of the branch of any tree for the purpose of providing proper shade for coffee or tea plantation.

4.

A tree shall be considered to have silvicultirally matured-

(a)when it is 0.61 metre in girth at a height of 1.37 metres (i.e., breast height), if it is a blue-gum or wattle tree; and

(b)when it is 1.83 metres in girth at a height of 1.37 metres (i.e., breast height) if it is any other tree, except sandal which can be extracted only, if the sandal tree is found dead.

5.

Every application for permission to the Committee under section 3(1) of the Act shall be in Form I.

5A.

If the application is for the cutting of trees by the clear felling method, that is to say, the felling of all the trees in the area, for growing tea or coffee, it shall be accompanied by the following, namely:-

(1)A certificate to the effect that the boundaries of the area containing the trees proposed to be felled have been demarcated clearly on the ground by lines of 2 metres wide or are defined already by natural features such as roads.

(2)Three copies of surveyed sketch showing the location, name, survey number and acreage of the area containing the trees proposed to be felled.

6.

Every application for permission to the Committee under sub-section (2) or sub-section (3) of section 4 shall be in Form II.

7.

Every application for permission under rule 5 or rule 6 shall be affixed with a Court-fee label of ten rupees which shall not be refunded even if the application is rejected by the Committee.

8.

(i)The Committee shall, before granting permission under section 3(1), require a Forest Officer not below the rank of Range Officer to inspect the tree concerned and to make a report to the Committee on the application in Form III.

(ii)The Committee shall before granting permission under section 4(2) or 4(3), require the State Silviculturist, the Assistant Agricultural Engineer or the District Forest Officer to inspect the land concerned and make report to the Committee on the application in Form IV

(iii)The Committee shall, thereafter either accord permission under section 3(1) or 4(2) or 4(3), as the case may be, subject to such conditions as he may think fit or refuse to grant the permission applied for after recording his reasons therefor. In cases where permission is granted, the Committee shall communicate a copy of his order to the Officer authorised by him to enforce the conditions (subject to which the permission is accorded).

9.

(1)In case where permission is granted by the Committee to cut a tree on the ground that it has silviculturally matured the Committee shall besides requiring the person to whom the permission is granted to make the deposit referred to in the second proviso to section 3(1) imposed as a condition -

(i)that the felled area shall be regenerated with an equal number of trees of the same species or those of other suitable species, if the regeneration is proposed to be done artificially;

(ii)if the regeneration is proposed to be done naturally from copied:-

(a)that the tree shall be felled at a height not exceeding six inches from ground; the bark being left in tact on the stump and adhering to it all round the stump, without being tom off or otherwise damaged; and

(b)the felled area shall be devoted only for raising a tree-crop and the tree-crop raised on it either naturally or artificially shall be adequately protected against fire, grazing and trampling by cattle.

(2)The person to whom permission is granted, shall deposit with the Committee as security, a sum of Rs. 1,000 (rupees one thousand only) per hectare or Rs. 100 (rupees one hundred only) for each tree proposed to be felled whichever is less for the successful regeneration of tree.

(3)Regeneration of the felled area will be done by the Forest Department at the cost of the permit bolder in the event of his failure to regenerate the area with a tree crop to the satisfaction of the Committee within the time limit stipulated in the permit. If the security deposit is insufficient for regeneration 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 the amount spent by the Forest Department for regeneration, the excess amount will be refunded to the permit-holder three years after the completion of the regeneration by the Forest Department.

(4)The deposit shall be refunded to the person to whom the permission was granted after the expiry of the three years from the date of foiling of the original tree growth if the Committee is satisfied that the regeneration has been successfully undertaken by the owner.Explanation. - For the purposes of the above rule,-

(i)"field crop" shall mean crops of short duration mostly less than a year raised in cultivated fields. This will also include plantation crops like tea, coffee, cardamom and plantations whose management involves working of the intervening soil at intervals;

(ii)"tree crops" shall mean crops of trees which are grown for long duration and which do not require frequent working of the soil for their development except at the initial stages of raising; and

(iii)"cattle" shall mean and include elephants, camels, buffaloes, bulls, bullocks, cows, heifers, calves, horses, mares, ponies, fillies, mules, asses, deer, pigs, ram, cives, sheep, lambs, goats and kids.

10.

If the Committee has reason to believe that any person to whom permission under the Act was granted has in his application furnished particulars which are materially incorrect or has contravened any provisions of these rules or the conditions subject to which the permission was granted, the Committee shall have the power to cancel such permission immediately or modify the same, after giving in writing to the parties concerned, a notice to show cause why the permission given should not be cancelled, or modified, as the case may be, and after considering the representations, if any.

11.

Any person aggrieved by an order of the Committee refusing to grant permission under section 3 or section 4 of the Act may, within two months from the date of such order, prefer an appeal in writing to the Government and the Government shall, after giving the appellant an opportunity of being heard, pass such order thereon as they may think fit.

12.

The Chairman of the Committee may empower a Revenue Officer not below the rank of Tahsildar or a Forest Officer not below the rank of Ranger to enter into and inspect at any time with or without his subordinates and servants any place with a view to ascertain whether there has been a contravention of any of the provisions of the Act or any rule or order made thereunder.AppendixForm I(See rule 5)Form of Application Under Section 3(1) of the Act

1. Name and address of the applicant.

2. Survey number of the field or fields on which the tree or the trees proposed to be felled stand.

3. Name of the village, taluk and district where the lands on which the trees stand lie.

4. Proof of ownership of the tree in the case of lessees.

5. "Enumeration list" showing the species and girth at 1.37 metres from ground level of tree or trees proposed to be felled.

6. Whether the tree or trees proposed to be felled are proposed to be regenerated naturally from coppice or by artificial regeneration and if the later the species and the number of seedlings proposed to be planted.

7. The period within which area will be planted up.

Place:Date:

Signature of the applicant.

I declare that the information furnished above is true to the best of my knowledge and belief. I also undertake to comply with the conditions, subject to which the permission may be granted by the Collector.Signature of the applicant.Form II(See rule 6)Form of Application Under Section 4(2) Or 4(3) of the Act.

1. Name and address of the applicant.

2. Survey number or survey numbers of the field or fields proposed to be cultivated.

3. Name of the village, taluk and district, where the land lie.

4. Proof of ownership in case the applicant is other than the registered holder of the field.

5. Is the land owned by a single individual or owned jointly. If the latter, names of all the joined holders.

6. The present surface condition of the land.

7. Nature of crop proposed to be raised and the nature of cultivation proposed to be adopted.

8. Is the land proposed to be brought under new cultivation ?

If not, the date from which the land was originally broken open for cultivation.

9. Whether the applicant is prepared to carry out such of the conservation measures as maybe ordered by the Collector within the period that may be allowed by him and abide by such other conditions as may be imposed by the Collector in this regard.

Place:Date:

Signature of the applicant.

I declare that the information furnished above is true to the best of my knowledge and belief. I also undertake to comply with the conditions subject to which the permission may be granted by the Collector.Signature of the applicant.Form III[See rule 8(i)](To be filled in by the Inspecting Authority.)

1. Whether the applicant is the owner of tree or trees proposed to be felled.

2. In case of joint ownership, whether all the joint holders have given their consent to the application (Statement to be obtained if all of them have not made a joint application).

3. Number of trees proposed to be cut with their silvicultural names.

4. Whether the trees constitute a danger to life or property (full information to be given).

5. Age of the trees in the case of blue gum and wattle and measurement of girth at breast height (1.37 m. from ground level) in the case of all other trees.

6. Remarks about the conditions that have to be imposed in case permission applied for is recommended-

(a)number and kind of species of trees that the applicant should be required to plant up the area with, and

(b)the period within which the area would be required to be planted up.

7. Reasons, if the application is not recommended.

Place:Date:

Signature of the Inspecting Authority, Designation.

Form IV[See rule 8(ii)](To be filled in by the Inspecting Authority)

1. What is the average slope of the land ?

2. What is the nature of soil and its depth ?

3. What is the nature of the surface ?

4. What is the average annual rainfall of the locality ?

5. What is the present condition of the land ? Whether soil is seen slightly eroded ?

6. Degree of erosion moderate or severe.

7. Recommendations relating to cropping and manurial system.

8. What soil conservation measures are necessary, if permission for cultivation is granted ?

9. Period within which soil conservation measures that may be considered necessary should be completed on the land by the applicant.

10. Recommendations of the Inspecting Authority.

Place:Date:

Signature of the Inspecting Authority, Designation.

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