THE HINDU[18TH SEPTEMBER, 2003]
By P. Oppili
CHENNAI SEPT. 17. Felling trees will soon become a punishable offence in urban areas. A draft legislation — `Tamil Nadu Preservation of Trees Act' — has already been prepared.
Under the law, the Government will constitute a Tree Authority in all urban and rural areas. Initially the law will cover six Corporations and later it will be extended to rural areas also, say official sources.
The Tree Authority in urban areas is expected to include the Mayors, District Forest Officers/Wildlife Wardens, honorary Tree Wardens, Commissioner or the Chief Executive Officers, besides a Councillor.
The Principal Chief Conservator of Forests will have the powers to appoint tree officers in the rank of Assistant Conservator of Forests in a Municipal Corporation and Range Officer in a township to take penal action against those who fell trees.
Carrying out a census of the existing trees and obtaining the number of trees from private houses, specifying the standards of the number and kind of trees in each locality, planting and transplanting of trees for construction of new roads or widening of existing roads are some of the duties prescribed for the Authority.
Those who wish to fell a tree may have to apply in writing to the tree officer. After inspecting the tree and conducting an enquiry, the officer will accord or deny permission.
However, permission will not be refused to fell dead, diseased or wind-fallen trees, which pose a threat to life and property. Trees obstructing traffic and those damaged or destroyed by fire, lightning or due to other natural causes can also be removed.
Deeming clause
Interestingly, if the tree officer fails to acknowledge the receipt of application from an individual within a specific time from the date of receipt, permission shall be `deemed to have been granted'.
The tree officers are likely to be entrusted with powers to arrest a person without warrant, provided he is reasonably suspected to be connected with any of the offences enumerated under the Act.
The Government may empower an officer to impose a fine not exceeding Rs. 5,000. But the fine shall not be less than 25 per cent of the value of the property seized.
Contravention of any provision of the Act is likely to attract substantial penalty with imprisonment, the sources say.
The Protection of Trees Act is already in existence in six States. Tamil Nadu is the third State in south India to bring in legislation to stop illegal felling. The implementation of the Act is expected to be entrusted over to the Forest department, say the sources.