[Cites 0, Cited by 0]

State of Tamilnadu- Act

Tamil Nadu Land Improvement Schemes (Preservation of Trees in Wind Belt and Shelter Belt) Rules, 1998

TAMILNADU
India

Tamil Nadu Land Improvement Schemes (Preservation of Trees in Wind Belt and Shelter Belt) Rules, 1998

Rule TAMIL-NADU-LAND-IMPROVEMENT-SCHEMES-PRESERVATION-OF-TREES-IN-WIND-BELT-AND-SHELTER-BELT-RULES-1998 of 1998

Published on 13 July 1998
Commenced on 13 July 1998
[This is the version of this document from 13 July 1998.]
[Note: The original publication document is not available and this content could not be verified.]

Tamil Nadu Land Improvement Schemes (Preservation of Trees in Wind Belt and Shelter Belt) Rules, 1998Published vide Notification No. G.O. Ms. No. 222, Agriculture (Abc), dated 13th July 1998 - No. SRO A-52/98G.O. Ms. No. 222, Agriculture (Abc), dated 13th July 1998 - No. SRO A-52/98. - In exercise of the powers conferred by section 44 of the Tamil Nadu Land Improvement Schemes Act, 1959 (Tamil Nadu Act 31 of 1959), the Governor of Tamil Nadu hereby makes the following rules:-

1. Short title.

(1)These rules may be called the Tamil Nadu Land Improvement Schemes (Preservation of Trees in Wind Belt and Shelter Belt) Rules, 1998.This rule shall protect the row of trees planted by the Department of Agricultural Engineering in Patta Lands, or in Poramboke lands or in any other community lands in order to prevent the wind erosion in the wind belt or shelter belt villages specified in the Schedule to these rules.

(2)These rules shall come into force at once.

2. Definitions.

- In these rules, unless anything repugnant to the subject or context,-"Act" means the Tamil Nadu Land Improvement Schemes Act, 1959 (Tamil Nadu Act 31 of 1959);"Wind Erosion Village" means the village specified in the Schedule to these rules;"Wind belt or shelter belt" means the rows of trees such as casurina or eucalyptus, cashew, odai, neem, tamarind, naval, soft wood trees, nelli, jack, gagai or pungam or Konnai, proso fits juliflora and other shrubs planted by Government either in patta lands or in poramboke lands or any other community lands to prevent wind erosion;"Wind belt or Shelter belt authority" means the Superintendenting Engineer (Agricultural Engineering) or the Executive Engineer (Agricultural Engineering) having jurisdiction over the wind belt or shelter belt.

3. Maintenance of Register.

- The wind belt or shelter belt authority shall maintain a map showing the wind belts or shelter belts in each of the wind erosion villages and also a register containing the details of trees raised in such wind belts or shelter belts. A copy of such map and the register shall be furnished to the Village Administrative Officer, Tahsildar and Collector having jurisdiction over that village.

4. Maintenance of trees.

- Every person, in whose lands, wind belt or shelter belt have been raised on the Government shall maintain all the trees in such wind belt or shelter belt in good condition. He may obtain technical guidance from the wind belt or shelter belt authority in the matter or proper maintenance and upkeep of such trees. He shall not allow any grazing of animals in the wind belt or shelter belt.

5. Prohibition to cut trees.

- No person, in whose lands, the wind belt or shelter belt have been raised by the Government, shall cut any of the trees in such wind belt or shelter belt without the permission of the Collector:Provided that such permission is not necessary for cleaning of shrubs, except the shrubs planted by the Government in such wind belt or shelter belt.Explanation. - "Person" means any individual or group of persons or body corporate who is the owner of the land or tenant or otherwise having possession of the land.

6. Application for permission to cut trees.

- Every owner or occupier of the patta lands who desires to cut any tree in a wind belt or shelter belt which is eight years old or which is silviculturally matured shall apply to the Collector through the wind belt or shelter belt authority in Form-I appended to these Rules, with a demand draft for Rs. 10 (Rupees ten only) drawn in favour of the authorities concerned and he shall give an undertaking that he would plant another plant of the same species by the side of the trees proposed to be cut and arrange for its proper maintenance for a period of three years.Explanation. - Silviculturally matured tree means, a tree-

(a)which is more than two metre in girth at a height of twelve metres, if it is casurina or eucalyptus (Euoalyptus Tereticomis), Palinirah or soft wood tree;

(b)which is more than two metre in girth at a height of six metres, if it is cashew (Anacarinm accidental) odai;

(c)which is more than three metres in girth at a height of six metres, if it is Neem (Azadirachta Indica), Tamarind (Tamarimdus Indica), Naval Qam-bolana) and softwood trees, nelli, jack, Gagai (Albizzias Lebbek) or pimgum (Pungamia Glabra) or Konnai (Cassia Siamia);

(d)which is more than half a metre in girth at a height of two metre if it is prosofits juliflora (Lantanna Impomea Cornea) and other shrubs.

7. Inspection.

- On receiving of an application under rule 6, the wind belt or shelter belt authority shall inspect the site and satisfy himself beyond all reasonable doubts as to the age of trees and nature of silvicultural maturity and, then, forward the same to the Collector together with a report in Form II appended to these Rules, on the number of trees which are eligible for cutting as per their age, silvicultural maturity and a certificate to the effect that such cutting of trees will not alter the object for which they have been raised.

8. Grant of permission.

- The Collector, after taking into consideration the report of the wind belt or shelter belt authority may, either grant permission to cut the trees mentioned in the application or the trees recommended for cutting by the wind belt or shelter belt authority or only such numbers of trees which he consider fit for cutting, subject to the condition that the applicant shall plant another plant of same species by the side of the tree proposed to be cut and maintain it properly for a period of three years, or reject the request in full after recording the reasons therefor.

9. Appeal.

- Any person aggrieved by the order of the Collector may prefer an appeal to the Government, whose decision thereon shall be final.

10. Planting of another tree in the place of tree cut down.

- Every person who has been granted permission for cutting a tree in a wind belt or shelter belt shall, before cutting such tree, plant another plant of the same species by the side of the tree proposed to be cut and maintain it properly for a period of three years.

11. Report of illicit cutting.

- It shall be the duty of the Village Administrative Officer and Village Menials having jurisdiction over the area in which wind belt or shelter belt have been raised to report to the Tahsildar having jurisdiction over that area and to the wind belt or shelter belt authority, any unauthorised felling or cutting of these in any such wind belt or shelter belt.The officers and servant employed under the scheme shall also report the illicit cutting of trees to his immediate superior for bringing such act to the notice of the wind or shelter belt authority. The wind or shelter belt authority, on receipt of such report, shall forthwith initiate action to impose the penalty as contemplated under section 36 of the Tamil Nadu Land Improvement Schemes Act, 1959 (Tamil Nadu Act 31 of 1959) through the Court having jurisdiction over the area.

Schedule

[Vide rule 2(b)]

Name of village	Name of the District	Name of the Talk
(1)	(2)	(3)
1. Bodinaickanur	Madurai	Uthamapalayam
2. Melachokkanathapuram	Do.	Do.
3. B. Ammapatti	Do.	Do.
4. Silamalai	Do.	Do.
5. Rasingapuram	Do.	Do.
6. Pettipuram	Do.	Do.
7. Thevaram	Do.	Do.
8. Kombai	Do.	Do.
9. Pannaipuram	Do.	Do.
10. T. Meenachipuram	Do.	Do.
11. Thamminaikkanpatti	Do.	Do.
12. Seepalakottai	Do.	Do.
13. Chinnavalapuram	Do.	Do.
14. Veppampatti	Do.	Do.
15. Jankalpatti	Periakulam	Do.
16. Boomalakundu	Do.	Do.
17. Kottur	Do.	Do.
18. Thappukundu	Do.	Do.
19. Andipatti	Do.	Do.
20. Thirrimanayakkanur	Do.	Do.
21. Shanmugasundarapuram	Do.	Do.
22. G. Usilampatti	Do.	Do.
23. Mettanoothu	Do.	Do.
24. Thepampatti	Do.	Do.
25. Thekkampatti	Do.	Do.
26. Makkundu	Do.	Do.
27. Vellandi	Do.	Do.
28. Kanavaipatti	Do.	Do.
29. Sulapuram	Do.	Usilampatti
30. ThullukuttiNayakanur	Do.	Do.
31. Mallapuram	Do.	Do.
32. Elumalai	Do.	Do.

SI. No.	Village	Name of District (Before bi-furcation)	Name of Talk	Name of District (After bi-furcation)
(1)	(2)	(3)	(4)	(5)
1.	Mela Tiruchendur	Tirunelveli	Tiruchendur	Toothukudi
2.	Manadu Thandapattu	Do.	Do.	Do
3.	Paramankurichi	Do.	Do.	Do
4.	Kuthiraimazhi	Do.	Do.	Do
5.	Chemmarikulam	Do.	Do.	Do
6.	Eliivaraimukki	Do.	Do.	Do
7.	Kayamozhi	Do.	Do.	Do
8.	Meiganapuram	Do.	Do.	Do
9.	Pannamparai	Do.	Sathankulam	Do
10.	Arasur	Do.	Do.	Do
11.	Naducakurichi	Do.	Do.	Do
12.	Puthukulam	Do.	Do.	Do
13.	Puthantharuvai	Do.	Do.	Do
14.	Nazerath	Do.	Do.	Do
15.	Sashbinallur	Do.	Do.	Do
16.	Paadukkapattu	Do.	Do.	Do
17.	Namkaimozhi	Do.	Do.	Do.
18.	Kattalankulam	Do.	Toothukudi	Do
19.	Servaikaranmadam	Do.	Do.	Do
20.	Kumarakiri	Do.	Do.	Do
21.	Panakudi	Do.	Nanguneri	Tirunelveli
22.	Perunkudi	Do.	Do.	Do
23.	Karaisuthipudur	Do.	Radhapuram	Do
24.	Karaisuthu Ovari	Do.	Do.	Do
25.	Muthumothammozhi	Do.	Do.	Do
26.	Kuttam	Do.	Do.	Do
27.	Thisaiyanvilai	Do.	Do.	Do
28.	Irukkanthurai	Do.	Do.	Do
29.	Vijayapathi	Do.	Do.	Do
30.	Thiruvambalapuram	Do.	Do.	Do
31.	Shanmugapuram	Do.	Vilathikulam Toothukudi
32.	Soorankhadi	Do.	Do.	Do
33.	Thangamalpuram	Do.	Do.	Do

SI. No.	Village No.	Name of District(Before bi-furcation)	Name of Talk	Name of District (After bi-furcation)
(1)	(2)	(3)	(4)	(5)
1.	Bodinaickanur	Madurai	Uthamapalayam	Theni
2.	Melachokkanathapuram	Do.	Do.	Do
3.	B. Ammapatti	Do.	Do.	Do
4.	Silamalai	Do.	Do.	Do
5.	Rasingapuram	Do.	Do.	Do
6.	Pettipuram	Do.	Do.	Do
7.	Thevaram	Do.	Do.	Do
8.	Kombai	Do.	Do.	Do
9.	Pannamparai	Do.	Do.	Do
10.	T. Meenachipuram	Do.	Do.	Do
11.	Thamminaikkanpatti	Do.	Do.	Do
12.	Seppalakottai	Do.	Do.	Do
13.	Chinnavalapuram	Do.	Do.	Do
14.	Veppampatti	Do.	Do.	Do
15.	Janakalpatti	Do.	Periakulam	Do
16.	Boomalakundu	Do.	Do.	Do
17.	Kottur	Do.	Do.	Theni
18.	Thappukundu	Do.	Do.	Do
19.	Andipatti	Do.	Do.	Do
20.	Thimmanayakkanur	Do.	Do.	Do
21.	Shai ui tugasundarapuram	Do.	Do.	Do
22.	G. Usilampatti	Do.	Do.	Do
23.	Mettanoothu	Do.	Do.	Do
24.	Theppampatti	Do.	Do.	Do
25.	Thekkampatti	Do.	Do.	Do
26.	Makkundu	Do.	Do.	Do
27.	Vellandi	Do.	Do.	Do
28.	Kanavaipatti	Do.	Do.	Do
29.	Sulapuram	Do.	Usilampatti	Madurai
30.	Thullukutti Nayakanur	Do.	Do.	Do
31.	Mallapuram	Do.	Do.	Do.
32.	Elumalai	Do.	Do.	Do

Appendix Form I(Vide rule 6)Form of Application

1. Name and address of the applicant.

2. S.No. of the field or fields in which the tree/the trees proposed to be felled stand.

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

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

5. "Enumeration List" showing the species height and girth.

6. Whether the tree or trees proposed to be felled are regenerated and, if so, their height and girth.

Signature of 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 Applicant.Form II(Vide rule 7)

1. Number of trees proposed to be cut with their silvicultural name.

2. Height and girth of the trees proposed to be cut.

3. Whether new seedlings planted and maintained well in place of each of the old tree proposed to be cut.

4. The height and girth of newly planted trees after three years (Date of planting and three years period should be indicated).

5. Remarks about the stand and the conditions of the newly planted trees.

6. Whether permission may be granted to cut the old tree in the present stage of the newly planted tree and whether it will safeguard the interest of wind erosion problem.

Station:Date:Signature of the Inspecting Authority.

Legal Document View

Unlock Advanced Research with PRISMAI

State of Tamilnadu- Act