The Goa, Daman and Diu Preservation of Trees Act, 1984

{
    "id": 16357,
    "slug": "goa-daman-and-diu-preservation-of-trees-act-1984",
    "title": "The Goa, Daman and Diu Preservation of Trees Act, 1984",
    "short_title": "The Goa, Daman and Diu Preservation of Trees Act, 1984",
    "act_number": "(Act No. 6 of 1984)",
    "act_year": 1984,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu Preservation of Trees Act, 1984",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "[1A. Definition of the term \"tree\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Appellate Authority\" means an authority appointed by the Government as appellate authority under this Act;\n(b) \"blank area\" means any piece of land (not being under cultivation) measuring one-half of an hectare or more, which has five or less number of trees growing on it per every half hectares;\n(c) \"Conservator of Forests\" means the Conservator of Forests, Goa, Daman and Diu;\n(d) \"Deputy Conservator of Forests\" means a Forest Officer in-charge of a Forest Division and exercising jurisdiction over the area;\n(e) \"Government\" means the Government of Goa, Daman and Diu;\n(f) \"forest produce\" includes-\n(a) the following whether found in, or brought from, a forest or not, that is to say -\ntimber, charcoal, caoutchouc, catechu wood-oil, resin, natural varnish, bark, lac, mahua flowers, mahua seeds, kuth and myrabolams, and\n(b) the following when found in, or brought from, a forest, that is to say -\n(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,\n(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,\n(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts of produce of animals, and\n(iv) peat, surface soil, rock and minerals (including limestone, laterite, mineral oils, and oil products of mines or quarries);\n(g) \"notification\" means a notification published in the Official Gazette ;\n(h) \"rural area\" means an area as specified in Schedules I and II;\n(i) \"to fell a tree\" with its cognate expression, means severing the trunk from the roots, uprooting the tree and includes bull-dozing, cutting, girdling, lopping, pollarding, applying arboricides, burning or damaging a tree in any other manner;\n(j) \"tree\" means any woody plant whose branches spring from and are supported upon a trunk or body and whose trunk or body is not less than five centimetre in diameter at a height of thirty centimetres from the ground level and is not less than one metre in height from the ground level;\n(k) \"Tree Officer\" means a Forest Officer appointed as such by the Conservator of Forests for the purposes of this Act;\n(l) \"urban area\" means an area comprised in a Municipality and includes such area as may be notified as urban area by the Government from time to time for the purposes of this Act;\n(m) \"wood lot\" means any piece of land of which trees form the main crop, the number of such trees in each hectare being not less than twenty-five;\n(n) \"prescribed\" means prescribed by rules made under the Act;\n(o) words and expressions used in this Act and defined in the Indian Forest Act, 1927, but not defined in this Act, shall have the meanings respectively assigned to them in that Act.\nChapter II\nTree Authority",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Establishment of the Tree Authority.",
            "chapter": null,
            "content": "(i) Development Commissioner or any other officer not below the rank of Secretary to the Government nominated by the Government - Chairman;\n(ii) Collector of the concerned revenue District - Member.\n(iii) Two Members of the Legislative Assembly nominated by the Government - Members.\n(iv) Two Representatives of the local bodies nominated by the Government - Members.\n(v) Conservator of Forests or his nominee - Member-Secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Meetings of the Tree Authority.",
            "chapter": null,
            "content": "Chapter III\nOfficers and Servants",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Appointment of Tree Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Appointment of other Officers.",
            "chapter": null,
            "content": "Chapter IV\nDuties of Tree Authority",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Duties of Tree Authority.",
            "chapter": null,
            "content": "(a) the preservation of all trees within its jurisdiction;\n(b) carrying out census of the existing trees and obtaining, whenever considered necessary, declarations from all owners or occupants about the number of trees in their lands;\n(c) specifying standards regarding the number and kind of trees which each locality, type of land and premises shall have and which shall be planted subject to a minimum of five trees per hectare in the case of rural areas;\n(d) development and maintenance of nurseries, supply of seeds, saplings and trees to persons who are required to plant new trees or to replace trees which have been felled;\n(e) planting and transplanting of trees necessitated by construction of buildings, new roads or widening of existing roads or replacement of trees which have failed to come up along roads or for safeguarding danger to life and property;\n(f) organisation of demonstration and extension services for the purposes of this Act and assisting private and public institutions connected with planting and preservation of trees;\n(g) planting and maintaining such number of trees as may be considered necessary according to the prescribed standards on roads, in public parks and gardens and on the banks of rivers or lakes or seashores;\n(h) undertaking such schemes or measures as may be directed from time to time by the Government for achieving the objects of this Act;\n(i) undertaking critical study of the proposals of various Government Departments and private bodies for construction of buildings, roads, factories, irrigation works, laying out of electric, telephone, telegraphic and other transmission lines with regard to protection of existing trees and planting of more trees, wherever possible; and\n(j) promotion, demarcation, acquisition and development of land as wood lots, gardens, parks and picnic spots in cities, towns and villages for the use and recreation of public.\nChapter V\nRestrictions of felling and removal of trees and liabilities for preservation of trees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Restriction on felling and removal of trees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Procedure for obtaining permission to fell, cut, remove or dispose of a tree.",
            "chapter": null,
            "content": "(i) is dead, diseased or wind-fallen; or\n(ii) is silviculturally mature provided it does not occur on a steep slope; or\n(iii) constitutes a danger to life or property; or\n(iv) constitutes obstruction to traffic; or\n(v) is substantially damaged or destroyed by fire, lightning, rain or other natural causes; or\n(vi) is required in rural areas to be cut with a view to appropriating the wood or leaves thereof or any part thereof for bona fide use for fuel, fodder, agricultural implements or other domestic use.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Obligation to plant trees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Planting of adequate number of trees in blank areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Preservation of trees.",
            "chapter": null,
            "content": "[12A. Removal of trees, etc., which are in ruinous state or likely to fall.\n(i) where the person to be served is residing in the house, at the place of his residence or in case of company, if order is addressed in the name of company, at its registered office or at it's principal office or place of business and is either,-\n(a) sent by registered post; or\n(b) delivered at it's registered office or at it's principal office or place of business; or\n(c) is given or tendered to him; or\n(d) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed at some conspicuous part of structure or tree or building, if any, to which it relates.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Implementation of order made or directions given under sections 9, 10 and 11 and recovery of expenditure on failure to comply with them.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Adoption of trees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Appeal.",
            "chapter": null,
            "content": "Chapter VI\nPenalties and Procedure\n[16. Seizure of property.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Forfeiture of timber and other produce from the tree, implements used for felling and the vehicle and animal used for transport of such trees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "16",
            "title": "18. Power of release property seized under section 16.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "19",
            "title": "19. Power to arrest without warrant.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "20",
            "title": "20. Power to release person arrested.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "21",
            "title": "21. Power to prevent commission of offence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "22",
            "title": "22. Power to compound offence.",
            "chapter": null,
            "content": "(a) to compound any offence committed under this Act on payment of -\n(i) a sum not exceeding rupees ten thousand by way of composition for the offence which such person is suspected to have committed, and\n(ii) the value of timber and other produce, if any, from the tree in respect of which the offence has been committed.\n(b) to release any property seized or liable to confiscation, on payment of the value thereof, as estimated by such officer and the amount determined as payable for composition of the offence, as ordered by the Tree Officer or any Forest Officer, as the case may be.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "23",
            "title": "23. Contravention of Act to be reported by certain Officers.",
            "chapter": null,
            "content": "(a) to give immediate information coming to his knowledge, of any contravention of section 8 and of preparation to commit such contravention to the Tree Officer or the Deputy Conservator of Forests;\n(b) to take all reasonable measures in his power to prevent such contravention which, he may know or have reason to believe that it is about or likely to be committed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "24",
            "title": "24. Offences by Companies.",
            "chapter": null,
            "content": "Explanation.\n(a) \"Company\" means any body corporate and includes a firm or other association of individuals; and\n(b) \"Director\" in relation to a firm means a partner in the firm.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "25",
            "title": "25. Penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "26",
            "title": "26. Award of penalty or forfeiture not to interfere with other punishment.",
            "chapter": null,
            "content": "Chapter VII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "27",
            "title": "27. Officers to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "28",
            "title": "28. Bar of proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "29",
            "title": "29. Executions of order for payment of money.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "30",
            "title": "30. Act not to apply to certain areas.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "31",
            "title": "31. Power of the Government to exempt.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "32",
            "title": "32. Power of the Government for Preservation of trees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "33",
            "title": "33. Investing Tree Officer with certain powers.",
            "chapter": null,
            "content": "(a) power to enter upon any land and to survey, demarcate and make a map of the same;\n(b) powers of a civil court to compel the attendance of witnesses and the production of documents and material objects;\n(c) power to issue a search warrant under the Code of Criminal Procedure, 1973;\n(d) power to hold enquiries into offences under the Act and in the course of such enquiry to receive and record evidence;\n(e) power to take possession of property under the Act;\n(f) power to direct release of property or withdrawal of charges; and\n(g) power to require any person to plant tree or trees of suitable species in adequate numbers on any land owned or occupied by him.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "34",
            "title": "34. Transit of felled material.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "35",
            "title": "35. Power of the Government to give direction.",
            "chapter": null,
            "content": "[35A Constitution of tree protection fund.\n(i) all Government grants, donations from company or institutions, fees, charges received by the Tree Officer;\n(ii) all proceeds of the disposal of tree, if any, by the Tree Officer;\n(iii) all sums collected by the Tree Officer from such other source as may be decided by the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35B",
            "title": "35B. Account and Audit.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Power to make rules.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Provision of this Act to be in addition to any other law for the time being in force.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Repeal and saving.",
            "chapter": null,
            "content": "Schedule I\n(See section 2)\nSchedule II\n(See section 2)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        }
    ],
    "metadata": {
        "Act ID": "goa220",
        "Act Number": "(Act No. 6 of 1984)",
        "Enactment Date": "",
        "Act Year": "1984",
        "Short Title": "The Goa, Daman and Diu Preservation of Trees Act, 1984",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:45"
}