PUNJAB PLANTATION AND MAINTENANCE OF TREES ACT, 1974

^[1]THE PUNJAB PLANTATION AND MAINTENANCE OF TREES ACT, 1974

( V of  1974)

[25^th April, 1974]

An

Act

to provide for plantation and maintenance of trees in the Province of the Punjab

WHEREAS it is expedient in the public interest to provide for plantation of more trees and maintenance thereof in the Province of the Punjab: It is hereby enacted as follows: -

1.               Short title, extent and commencement.—  (1) This Act may be called the Punjab Plantation and Maintenance of Trees Act, 1974.

2.               It extends to the whole of the Province of the Punjab.

3.               It shall come into force at once.

2.                Definition.— In this Act, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them that is to say: -

(a)            “Department” means the Forestry and Wildlife Department Government of the Punjab.

(b)            “Government” means the Government for the Punjab.

(c)            “Land” means which is not occupied as the site of any building in a town or village or has been left for agriculture purposes or for purposes subservient to agriculture or for pasture and includes the site of buildings and other structures on such land.

(d)            “Occupier” means a person in actual physical possession of the land and shall also include an owner; and

(e)            “Prescribe” means prescribed by rules.

3.                Plantation of trees.— (1) There shall be planted and maintained three trees per acre by the occupier thereof in such manner as may be prescribed.

(2)            In case the occupier fails to comply with the requirements of sub-section (1) the required number of trees shall be caused to be planted in his land by the Department without any Act or hindrance by him. The occupier shall be responsible for the maintenance of the trees so planted.

Explanation.--  For the purpose of this section –

(i)              trees already planted and maintained in orchards or otherwise or trees that may be planted and maintained in orchards shall be taken into account; and

(ii)             trees required to be planted and maintained may be planted and maintained in compact block or otherwise in his holding.

4.                Penalty.— (1) Any person contravences the provisions of section 3 shall be liable to pay the penalty, not exceeding rupee one per tree, after giving an opportunity to the person concerned of being heard, by an office authorized in this behalf by the Government

(2)            The fine imposed under this section shall be recoverable as arrears of land revenue.

5.                Rules .— (1) Government may make rules to carry out the purposes of this Act.

(2)            Without prejudice to the generality of the forgoing power, such rules  may provide for all or an of the following matters.

(a)            the manner in which trees may be planted and maintained.

(b)            kind of trees to be planted in different areas and the period within which the trees are to be planted; and

(c)            the procedure for maintaining the record of trees.

6.                Savings.− Government may be notification in the official Gazette, exempt any land or classes of land, or any occupier or class of occupiers from the operation of this Act.

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[1] This Act was passed by the Punjab Assembly on 10th April, 1974; assented to by the Governor of the Punjab on 25th April, 1974; and, published in the Punjab Gazette (Extraordinary), dated 25th April, 1974, pages 539-A to 539-C.