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SCHEDULE I SCHEDULE II * * * * STATEMENTS OF OBJECTS AND REASONS I Act 76 of 1976.- Industrialisation and pressure of population have resulted in heavy destruction of tree growth in urban areas. Trees which provide shade, mitigate the extremes of climate, render aesthetic beauty, purify the polluted atmosphere, mute the noise, have been one of the first casualties of pressure on space in our cities and towns. The percentage of forest area in the heavy rainfall zone is very much below the required level. Denudation in the rest of the areas has catastrophic results. This is the zone forming the catchment of the major rivers in South India. Large scale felling of trees has resulted in increased soil erosion and floods during monsoons. Stream flow during the rest of the year is reduced. Sedimentation in the reservoirs of our multi-crore projects has increased. In the vast belt covered by the eastern districts of the State, drought and famine conditions have become recurring features. Rains have become erratic. Loss of soil moisture due to wind is excessive. Due to shortage of fuel, cow dung instead of being diverted as manure to the fields is availed as fuels. Avenue trees are destroyed. In this some judicious mixture of silviculture and agriculture can benefit agriculture and animal husbandry. Small number of trees, well distributed, grown in the marginal lands and on bunds of fields can be more effective than blocks of plantations. Trees of leguminous species can benefit agriculture by improving the soil, provide green leaf manure and fodder for cattle. It will provide small timber and fuel. 3 We have reached the stage when it is incumbent to legislate to restrict and regulate the felling of trees and prescribe growing of a minimum number where none exists. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 8-11-1976 as No. 4417 at page 16.) II Amending Act 21 of 1977.- As per sub-section (6) of section 8 of the Karnataka Preservation of Trees Act, 1976 (Karnataka Act No. 76 of 1976), for bona fide domestic use of a family, any one or more members of such family are entitled to fell trees to the extent of fetching not more than two cubic meters of timber and one and a half tones of firewood. Several requests were made to Government from different forums to relax such limit of felling of trees. After considering the actual requirements of the agricultural population, now it is decided to relax the limit of felling of trees so that the yield obtained from such felling does not exceed two cubic meters of timber and five tones of firewood. Government has also received a suggestion that in case of malnad areas where planting of casuarina and hopea, wightiana trees is taken up both for bona fide domestic use as well as commercial purpose, any restrictions on felling of such trees may hamper plantation of such trees. It is the intention of the Government to encourage the raising of plantations of such trees by private persons and not to place any restriction to fell those trees. Therefore, it is also considered necessary to exempt the above two kinds of trees from the purview of section 8 of the Act. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 17-7-1977 as No. 489 at page 3.) III Amending Act 14 of 1979.- For the purposes of providing necessary firewood to run the tea factories, it is considered necessary to exempt the ancillary areas attached to tea estate from the provisions of the Act. Opportunity is taken to make certain verbal changes in the repealing section. Since the Assembly was not in session an Ordinance was promulgated. This Bill seeks to replace the said Ordinance. (Obtained from L.C. Bill No. 1979). IV Amending Act 39 of 1987.- As per sub-section (7) of section 8 of the Karnataka Preservation of Trees Act, 1976, the restrictions on felling of trees in any land in the ownership or occupancy of any person do not apply to felling of casuarina and hopea weightiana trees. People have started planting different species of trees in their land to improve ecological conditions and to meet their requirements of fire wood, fodder etc. Restrictions on felling of such trees which are raised by the owners or occupants 4 for the aforementioned purposes may act as disincentive to grow trees in private lands. Therefore, it is proposed to amend sub-section (7) to include some more species of trees so that the restrictions in section 8 shall not be applicable to such species of trees. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 8-9-1987 as No. 592 at page3.) V Amending Act 12 of 1998.—It is considered necessary to amend the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964) to provide for the following, namely:— (1) To include “sandalwood oil” in the definition of sandalwood; (2) To define Village Forest Committee and to provide for its constitutions; (3) To provide for levy of fee for grant or renewal of licence for saw mills etc; (4) To require production of Bank guarantee equal to the value estimated by the Forest Officer, before release of property seized under section 62; (5) To enhance the amount of composition from rupees five thousand to rupees fifty thousand; (6) To provide for punishment for the acts of the servants of the licensee; And it is considered necessary to amend the Karnataka Preservation of Trees Act, 1976, to provide for,— (i) to require the Tree Officer to dispose off the application received within a period of three months; (ii) To provide for cancellation or suspension of permission under certain circumstances; (iii) to prohibit granting permission under section 8 to fell trees if it involves felling of all trees for cultivation or extension of cultivation of rubber or tea; Hence the Bill. (Obtained from L.C. Bill No. 5 of 1997 (File No. DPAL 53 LGN 97).) VI Amending Act 20 of 2000.—The Karnataka Forest and Certain Other laws (Amendment) Bill, 1999 so far it relates to the Karnataka Forest Act, 1963 provides,- (1) for investing the Forest Officers with the similar powers as conferred on an officer-in-charge of a Police Station in the matter of investigating under the Code of Criminal Procedure, 1973 and to treat the report of such Forest Officer as a report for the purpose of section 190 of the said Code; (2) that a certificate issued by the Forest Officer shall be evidence in respect of forest produce; (3) for prevention of commission of offences; (4) for issue of a certificate by the Conservator of Forest for recovery of tax, royalty etc., due under the Act and for treating it as a decree of a Civil Court; 5 (5) for requiring sanction of institute a suit or prosecution in respect of acts done under colour of duty by a Forest Officer; Further, it is proposed to amend the Karnataka Preservation of Trees Act, 1976 to invest the tree officer with the powers of an officer-in-charge of a Police Station in the matter of investigation under the Code of Criminal Procedure, 1973 and to treat his report as a report for the purpose of section 190. Hence the Bill. (Obtained from L.A. Bill No. 13 of 1999) VII Amending Act 08 of 2015.- It is considered necessary to amend the Karnataka Preservation of Trees Act, 1976 (Karnataka Act No. 76 of 1976). to provide for :- (i) change in the designation of the Principal Chief conservator of Forest (General) as the Head of the Forest Department; (ii) to comply with the decision of High Court of Karnataka in Writ Petition No.7107/2008; (iii) to re-constitute the Tree authority; (iv) relaxation of restriction on felling of trees to fifty minimum and maximum hundred poles and fifty minimum and maximum hundred bamboos; (v) to exempt some more species of trees from felling permission. (vi) to empower the State Government to provide for delegation of powers. (vii) Increasing the number of tree to cut in public interest and domestic purpose. Hence the Bill. [L.A. Bill No.68 of 2014, File No. Samvyashae 15 Shasana 2013] [entry 17A of List III of the Seventh Schedule to the Constitution of India.] VIII Amending Act 06 of 2017.-It is considered necessary to amend the Karnataka Preservation of Trees Act, 1976 (Karnataka Act 76 of 1976) to regulate the planting or cultivation of trees in such areas of such species which are detrimental to environment, ground water or liable to cause colonization of alien and invasive species or causes diseases or adversely affect hygiene of the environment. Hence the Bill, [L.A. Bill No.40 of 2016, File No. Samvyashae 51 Shasana 2016] [entry 17A of List III of the Seventh Schedule to the Constitution of India.] * * * 6 KARNATAKA ACT NO. 76 OF 1976 (First published in the Karnataka Gazette Extraordinary on the Fourth day of December 1976) THE KARNATAKA PRESERVATION OF TREES ACT, 1976 (Received the assent of the Governor on the First day of December 1976) (As Amended by Acts 21 of 1977, 14 of 1979, 39 of 1987, 12 of 1998, 20 of 2000, 08 of 2015 and 06 of 2017) An Act to make better provision for preservation of trees in the State. WHEREAS with the growing pace of urbanisation, industrialisation and increasing population, there has been indiscriminate felling of a large number of trees in the rural and urban areas of the State of Karnataka leading to erratic rainfall, recurring famines and floods, soil erosion and consequent ecological disturbances; WHEREAS It is expedient to provide for the preservation of trees in the State by regulating the felling of trees and for the planting of adequate number of trees to restore ecological balance and for matters connected therewith; Be it enacted by the Karnataka State Legislature in the Twenty-seventh Year of the Republic of India as follows:- CHAPTER I PRELIMINARY