Section 8 in The Karnataka Preservation Of Trees Act, 1976
8. Restriction on felling of Trees.-
(1)With effect on and from the appointed day, notwithstanding any custom, usage, contract or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether in his ownership or occupancy or otherwise, except with the previous permission of the Tree Officer:Provided that no permission shall be granted under this section for felling of trees if it involves felling of all trees in the areas proposed for cultivation or extension of cultivation of rubber or tea.(2)Any person desiring to fell a tree, shall apply in writing to the concerned Tree Officer for permission in that behalf. The application shall be accompanied by a site plan or survey sketch specifying clearly the site or survey numbers, the numbers, kind and girth of the tree sought to be cut and the reasons therefor along with the consent of the owner or occupant.(3)On receipt of the application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary, either grant permission in whole or in part or refuse permission:Provided that permission shall not be refused, if the tree,-(i)is dead, diseased or wind-fallen; or(ii)has silviculturally matured; or(iii)constitutes a danger to life or property; or(iv)constitutes obstruction to traffic; or(v)is substantially damaged or destroyed by fire, lightning, rain or other natural causes; or(vi)is required to be removed either for cultivation, extension of cultivation or change in crop cultivation in areas specified in Schedule II, (except where such removal does not involve felling of all trees in the areas proposed for cultivation, extension of cultivation or change in crop cultivation) or for the bonafide use of the applicant.(vii)felling is more than 50 that are necessitated for any public purpose like road widening, construction of road, canal, tanks, buildings etc., subject to condition that permission is issued after issue of public notice to invite objections from the public and the same is considered by the Tree Officer(4)The Tree Officer shall make all possible endeavour to dispose off the application received under this section within a period of three months from the date of its receipt:Provided that in computing the period of three months under this sub-section, the time required to obtain,-(a)opinion from revenue authorities;(b)report from the Assistant Director of Land Records;(c)measurements list of trees intended to be felled; or(d)any other relevant information as may be prescribed shall be excluded.(5)Where permission to fell a tree is granted, the Tree Officer may grant it subject to the condition that the applicant shall plant another tree or trees of the same or any other suitable species on the same site or other suitable place within thirty days from the date the tree is felled or within such extended time as the Tree Officer may allow.(6)Notwithstanding anything contained in sub-sections (1) to (5), but subject to such conditions and restrictions as may be prescribed, for bonafide use of a family, one or more members of such family may, in the aggregate fell, in a calendar year, such number of trees as would fetch not more than 2.8 cubic meters of timber, 100 poles, 100 bamboo and 5 tons of firewood.(7)Nothing in this section shall apply to felling of Casuarina, Coconut, Erythrina, Eucalyptus’, Glyrecidia, Hopea Wightina, Prosipis, Rubber, Sesbania, Silver Oak subabul trees, Areca nut, Coffee, Guava, Hebbevu (melia dubia), Ailanthus excelsa, Lemon, Maeopsis eminii, Mango, Sapota, Seemegala (Dendracalamus stocksii), Burma Bamboo (Bambusa burmanica) , Yellow Bamboo (Phyllostachys aurea), Acacia mangium, Acacia Hybrid, Acrocarpus fraxnifolius (Belanji) and Cashew.
