Section 4 in Tamil Nadu Panchayats (Action Against Illicit Cutting of Tree) Rules, 2001
4. Assessment of value of the tree and compounding of offences.
- The Executive Authority or the Commissioner or the Secretary, as the case may be, within two days from the receipt of the report of illicit cutting of tree from the Panchayat Assistant/Rural Welfare Officer, Grade-II, shall inspect the site of the offence, satisfy himself about the truth of the report, take measurements of the trunk of the tree in question, conduct enquiries in the vicinity, record statements of any possible witnesses, if available, who might disclose the identity and the name of the offender, if mentioned, in the report of the Panchayat Assistant/ Rural Welfare Officer, Grade-II or revealed from the evidence of the witnesses, the Executive Authority or the Commissioner or the Secretary, as the case may be, shall decide whether to prosecute the offender or to compound the offence as per rule 2 of the Tamil Nadu Panchayats (Composition of Offences) Rules, 2000. In case the cut tree parts are seized by the Panchayat Assistant/Rural Welfare Officer, Grade-II and handed over to the Executive Authority or the Commissioner or the Secretary, as the case may be, and where he decides to compound the offence, the Panchayat Assistant/Rural Welfare Officer, Grade-II, as the case may be, shall assess the value of the tree parts by following the procedure prevailing in the Revenue Department and communicate the same to the Executive Authority or the Commissioner or the Secretary, as the case may be. The Executive Authority or the Commissioner or the Secretary, as the case may be, shall measure the cut tree parts, assess all the value of the tree parts and decide the quantum of penalty byway of compounding fee to be imposed which shall represent the compensation for the offence committed and shall be in terms of number of times the value of tree, which shall not be less than twice the value of the tree assessed, and then pass orders for compounding of the offence. The orders so passed shall be communicated to the offender by means of a written notice, to be served on him in the manner specified in the Annexure, informing him of the offence committed, enquiries made thereon, the decision made requiring the offender to pay the value of the cut tree parts assessed and the amount of the compounding fee imposed. These amounts shall be mentioned separately in the said notice for remittance by the offender within a time to be specified in the notice of the period being not less than fifteen days, or in default, face imminent prosecution. If it is decided to confiscate the seized tree parts, the offender shall not be asked to pay the value of the tree parts seized. So, such a notice shall also indicate whether the seizure of the tree parts involved in the offence will be returned to the offender or will be confiscated.In case, the offender remits the amount mentioned in the above notice, into the funds of the village panchayat or the panchayat union council or the district panchayat, as the case may be, within the period prescribed, it shall be at the discretion of the administration, either to accept the compounding of the offence or to proceed with the prosecution. The fact of compounding the offence and the payment of amount by the offender shall be reported to the Tahsildar. Where an offender after receiving the notice referred to above, fails to respond to the notice within the period specified thereon or where the Executive Authority or the Commissioner or the Secretary, as the case may be, desires to prosecute the offender instead of adopting the method of compounding the offence, the Executive Authority or the Commissioner or the Secretary, as the case may be, shall lay a complaint with concerned Judicial Magistrate.
