Bare ActsKerala Preservation of Trees Act, 1986

Section 4

Restriction regarding cutting, etc., of trees

Amendment status not verified — confirm the current text below against the official source.

(1) No person shall, without the previous permission in writing of the authorised officer, cut, uproot or burn, or cause to be cut, uprooted or burnt, any tree. (2) The permission under sub-section (1) shall not be refused if- (a) the tree constitutes a danger to life or property; or (b) the tree is dead, diseased or windfallen: Provided that where permission to cut a tree is granted on the ground specified in clause (a) or clause (b), the authorised officer shall impose as a condition for the grant of such permission the effective regeneration of an equal number of the same or other suitable species of trees; or (c) such cutting is to enable the owner of the land in which the tree stands to use the area cleared or the timber cut for the construction of a building for his own use. (3) No person shall cut or otherwise damage, or cause to be cut or otherwise damaged, the branch of any tree: Provided that the provisions of this sub-section shall not be deemed to prevent the pruning of any tree as required by ordinary agricultural or horticultural practices. (4) No person shall, without the previous permission in writing of the authorised officer, destroy any plant of any tree or do any act which diminishes the value of any such plant. (5) Nothing contained in sub-section (1) or sub-section (2) or sub-section (3) or sub-section (4) shall apply in respect of any tree or plant in the compound of any residential building. [(6) Notwithstanding anything contained in this section or in any judgement, decree or order of any Court, the owner of any land shall have the right to cut or cause to be cut any tree, other than a tree as defined in clause (e) of Section 2, standing on such land, without obtaining a permission under this section.] Provided that where such compound exceeds one hectare in extent, the provisions of this sub-section shall apply only in respect of an extent of one hectare immediately surrounding the residential building. Inserted by Act 28 of 2003, published in K.G.Ext. No. 1711 dt. 05/09/2003 (w.e.f. 05/09/2003).

Section 4 – Kerala Preservation of Trees Act, 1986 | DailyLaw.ai