Amendment status not verified — confirm the current text below against the official source.
(1) Power to remove over hanging trees and branches.- Where a Magistrate of the first class or when specially empowered by the Government a Magistrate of the second class is satisfied on application made to him or on a report by an officer of Police not below the rank of an Inspector or otherwise that the cultivation of paddy in any land in which paddy is usually grown is injuriously affected by the overhanging of trees or branches thereof or that the cutting or removal of such trees or branches is likely to give a better yield, he may after such enquiry as he deems fit by notice require the owner or person in possession of such tree to remove or cut off such tree or the branches thereof, as the Case may be, within a time to be specified in the notice. (2) Where the owner or person in possession of such tree does not comply with the notice issued under sub-section (1), the Magistrate may cause the tree or the branches thereof to be cut or removed. If the owner or person in possession of the tree does not tender to the Magistrate the expenses incurred in the cutting or removal, the same shall be recovered from the proceeds realised by the sale of the tree or the branches so cut or removed and the balance if, any, remaining after meeting such expenses may be paid to the person who appears to such Magistrate to be entitled thereto. Where the amount realised by the Magistrate by the sale falls short of the expenses incurred for the cutting or removal, the Magistrate shall by order in writing direct that the difference shall be recovered from the owner or person in possession of the tree as if it were an arrear of public revenue or land revenue.