Tree Planting (Village Areas) Law (Chapter 100)

1949. Cap. 175. 56 of 55. Short title. Interpre tation. CAP. 100.] TREE PLANTING (VILLAGE AREAS). CHAPTER 100. TREE PLANTING (VILLAGE AREAS). ARRANGEMENT OF SECTIONS. Section 1 Short title 2 Interpretatio)l 3 Meeting of owners in the village 4 List of voters 5 Claims for rectification of List of Voters 6 Consideration of claims by mukhtar 7 Objections to decisions of muk.htar 8 Revision of List of Voters by Commissioner 9 Notice of meeting 10 Proceedings at meeting 11 Report of mukhtar 12 Declaration of Tree Planting Area by Commissioner 13 Provision when there is more than one muk.htar 14 Power to Commissioner 15 Offences and penalties 16 Power to Governor to make Regulations 17 Establishment of village fund 18 Limitation as to construction of Law 19 Saving 20 Extension of expired period 2 ! A LAW TO AMEND AND CONSOLIDATE THE LAWS REL\ 7'1~G TO THE RESERVATION OF TREE PLANTING ARL-\S IX VILLAGES. [22nd January, 194S.J 1. This Law may be cited as the Tree Planting (\wage Areas) Law. 2. (1) In this Law " animal " means any bull, cow, ox, heifer, calf, camel, horse, mule, donkey, sheep, goat or swine ; " Commissioner" means the Commissioner .:-'. ·"'-~ district in which the area proposed to be reserYe-d ~ a Tree Planting Area is situate ; " mukhtar " means the mukhtar of the \-illaE:"t m which the area proposed to be reserved as a ~Tr~ Planting Area is situate ; "owner in the village" means any person of oYer eighteen years of age who, whether being an inbabita:it of the village or not, is the proprietor or posses..-.or of not less than ten donums of land situated within the TREE PLANTING (VILLAGE AREAS). [CAP. 100. 3 limits of the village whether such land is or is not registered in the name of such person in the books of the District Lands Office ; "Tree Planting Area" means the area or areas in any village declared, under the provisions of this Law, to be reserved as the Tree Planting Area of the village. (2) Any notice required to be posted up under the i,::rovisions of this Law shall be posted at every church and , 1:iosque in the village affected thereby or in such con yicuous place or places in the village affected thereby as · .he Commissioner may direct, and the certificate of the :ommissioner that such notice has been so posted shall be nnclusive evidence of such posting. 3. The Commissioner may, whenever he thinks it Meeting of nvisable, and shall, upon a requisition signed by not less ~=~e. han ten owners in the village, serve or cause to be served ;pon the mukhtar a notice in writing calling ·upon him to xmvene a meeting of the owners in the village for the mrposes specified in section 10 ot this Law. 4. Within fourteen days of the receipt of a notice in List of ..rriting as in section 3 of this Law provided, the mukhtar vot-ers. nall (a) prepare or cause to be prepared a list of voters (hereinafter ref erred to as the " List of Voters ") showing therein the name and surname and place of residence of every owner in the village : Provided that the names and surnames and place of residence of the Christian and Moslem owners in the village shall be shown therein in the Greek and Turkish languages respectively, as the case may be ; (b) sign the List of Voters and post up, or cause to be posted up, signed copies of the List of Voters ; ( c} forward to the Commissioner a copy of the List of Voters, such copy to be signed and sealed by the mukhtar. 5. Any owner in the village who is not included in the Clai~s f~r L. f V d h . 1 . b . 1 d d h . d rectification 1st o oters an w o c aims to e me u e t erem an of List of my owner in the village who objects to the inclusion of a Voters. ;,erson in the List of Voters, shall deposit his claim or Jbjection, duly signe<;l by him, with the mukhtar within ;even days of the posting of the List of Voters as in section 4 of this Law provided, 4 CAP. 100.J TREE PLANTING (VILLAGE AREAS) ~~~1~:ms 6. Within seven days of the expiration of the peri, d by mukhtar. prescribed in section 5 of this Law, the mukhtar shall Objections to decisions of mukhtar. Revision of List of Voters by Commis sioner. Notice of meeting. (a) consider and decide upon any claim or objecti<ll duly made; (b) notify his decision in writing to any person affect-::·! by such decision ; (c) make such alterations in the List of Voters as : .~ may think necessary in consequence of any su·~i decision as atoresaid ; and (d) notify ~uch alterations in writing to the .Cor:-: m1ss10ner. 7. Any person affected by any decision given by tl:,~ mukhtar may object to such decision by depositing i..-: writing his objection, duly signed by him, at the office of r:.:: Commissioner within seven days of the notification r J him of such decision. 8. (1) The Commissioner, having considered the objet.: tions, shall make such alterations in the List of Yori:!"": as he may think necessary or shall confirm the List cf Voters and shall cause a copy thereof, as finally altered or confirmed, to be served upon the mukhtar and to t,, posted up forth½-ith. (2) The List of Voters so altered or confirmed by tr.•: Commissioner shall be :final and conclusive for all t.b purposes of this Law : Provided that, if no claims for rectification ha...-e btt~ deposited with the mukhtar of the village as in section 5 c this Law provided, the List of Voters prepared and pas:~.: by the mukhtar of the village under the provisions c: section 4 of this Law shall, on the expiration of the peri,:,.: therein prescribed, be deemed to be final and conclusi.e ::r all the purposes of this Law. 9. (1) The mukhtar shall, within one month from the&:-: on which the List of Voters has become or shall be deen:-:-.: to have become final and conclusive, post up or cause to b: posted up a notice, duly signed and sealed by him, convene; a meeting for the purposes of this Law and specifying i::. such notice the date, place and time for the meeting. (2) Copy of the notice posted as aforesaid, duly signed a.::c sealed by the mukhtar, shall be forwarded forthwith by h: to the Commissioner. . TREE PLA1YTING (VILLAGE AREAS). [CAP. 100. 5 10. (1) Every meeting so convened shall be held under the Proc~ngs presidency of t"he mukhtar on the date and at the place and atmeetu1gs. time appointed as in section 9 of this Law provided and business may be transacted thereat if not less than one-third of the owners in the village whose names appear in the List of Yoters are actually present : Pro\·ided that the mukhtar may adjourn the meeting for ~e,·en davs if at least one-third of such owners are not J.ctually present and at every such adjourned meeting any number of such owners as may be actually present shall constitute a quorum. (2) Every owner in the village whose name appears in the List of Voters and who is actually present at the meeting shall be entitled to vote on all questions or resolutions ?roposeci at every such meeting. (3) All questions and resolutions proposed at every such neeting shall be determined in open voting by a majority )f not less than the two-thirds of the owners in the village ?resent thereat and entitled to vote. (+) E\·ery such meeting shall determine whether an area :hall be reserved as the Tree Planting Area of the village and !hall fix and describe with boundaries and particulars the l.fea so reserved : Provided that (a) such area shall not comprise in the aggregate more than one quarter of the total extent of the lands situated within the limits of the village ; and (b) no place in the built-up part of the village or within a distance of four hundred yards therefrom shall be comprised in such area. 11. Whenever at any meeting convened and held as in Report of ~ction 10 of this Law provided it is determined that an mukhtar . . rea is to be reserved as the Tree Planting Area of the village, 1e mukhtar shall forward forthwith to the Commissioner , . report signed and sealed by him, containing a description ; the area in question ,vith boundaries and particulars and .J.ting whether such area fulfils the conditions prescribed , ::- section 10 (4) of this Law. 12. (1) If the Commissioner approves the report submitted Declaration d "d . di h . d all h . of Tree ~:1 cons1 ers 1t expe ent, avmg regar to t e circum- Planting ,:ances, that the area described in such report should be t~ sioner. 6 CAP. 100.] TREE PLANTING (VILLAGE AREAS). reserved as the Tree Planting Area of the village concerned, he shall by order declare it to be reserved as the Tree Planting Area of the village : Provided that if the Commissioner is of opinion that the area described in the report does not fulfil the conditions prescribed in section 10 ( 4) of this Law, he may so amend the particulars thereof as to make i~ fulfil those conditions. (2) Every such order shall be published in the Gazette and shall come into force after the expiration of one month from the date of its publication and shall remain in force for a period of ten years thereafter : Provided that the Commissioner may, on good cause shown, by order to be published in the Gazette abridge the said period of ten years or extend the said period of ten years for a further period not exceeding ten years. (3) As soon as possible after its publication in the Gazette, the Commissioner shall cause to be posted up a copy of every such order in the Greek or Turkish language or in both languages as the case may be. ~~:isi~~re 13. When in any village there is more than one mukhtar, is more than the mukhtar of the community in numerical majority in the ::khtar village shall be the mukhtar who shall perform the duties or · do the acts imposed upon mukhtars by this Law. Power to Commis sioner. Offences and penalties. 14. When the mukhtar is unable or unwilling or neglects or refuses to pertorm any ot the duties or do any of the acts imposed upon mukhtars by this Law, the Commissioner may appoint a fit person to perform the said duties or do the said acts, and the duties and acts performed or done under this Law by the person so appointed shall be valid and effective as if performed or done by the mukhtar. 15. (1) (a) Subject to the provisions of section 18 of this Law if, after the commencement of any plantation on any land in any Tree Planting Area, any animal is found in or upon any such area, both the owner of such animal and the person, it any, in whose charge it was at the time shall be guilty of an offence under this Law ; (b) any mukhtar or other person appointed as in section 14 of this Law provided, who shall refuse or neglect without reasonable excuse to perform any duty or do any act to be performed or done by him ·under this Law, or who shall knowingly make to the Commissioner any report false in TREE PLANTING (VILLAGE AREAS). [CAP. 100. 7 any material particular; shall be guilty of an offence under this Law ; (c) any person who (i) prevents or obstructs any mukhtar or other person appointed as in section 14 of this Law provided to perform any duty or do any act to be performed or done by him under this Law ; or (ii) acts in contravention of any Regulations made under this Law, " shall be guilty of an offence under this Law. (2) Any person who is guilty of an offence under this Law shall be liable to imprisonment not exceeding one month or to a fine not exceeding ten pounds or to both such imprison ment and fine : Provided that, in the case ot an offence under paragraph (a) of subsection (1) of this section, the offender shall, in addition, be adjudged to pay the sum of one shilling for every animal in respect of which the offence has been committed. 16. The Governor may make Regulations to be published Power to in the Gazette- · Governor \ to make (a) prescribing the forms to be used in connection with Regulations. any act to be done under this Law ; (b) generally for the better carrying into effect of the purposes of this Law. 17. The Commissioner may by notification under his Establiah hand- ~ent of village fund. (a) establish for any village a fund into which all fines recovered under this Law for offences committed in the Tree Planting Area of such village shall be paid; (b) prescribe the object for which and the mode in which any fines recovered under this Law shall be utilized or expended. 18. Nothing in this Law contained shall- Limitations as to (a) affect the provisions of the Rural Constables Law, construction or any Law amending or substituted for the of Law. same . . Cap. 287. . . (b) prevent any person from taking any animal along a passage situated in or passing through any Tree Planting Area, provided that such animal 8 CAP. 100.] TREE PLA1'lTING (VILLAGE AREAS). 2 of 56/55 · • Saving. Extension of expired period. is being taken from and to places outside a Tree Planting Area and provided that the journey is prosecuted with all reasonable speed ; (c) prevent any person from taking in or upon or along a Tree Planting Area or any threshing floor situated ·within any such area any animal, other than sheep, goat or swine, as may be absolutely necessary for the cultivation or improvement of any immovable property situated within any such area or for the transport of any produce grown in any such area or as may be absolutely necessary in connection with any such threshing floor ; (d) impose any obligation on any person to plant trees or to cause trees to be planted in al'!Y Tree Planting Area ; (e) prevent a prosecution under any other Law, but so that a person shall not be punished h,ice for the same offence ; (f) prevent any person from grazing on his own lands within any Tree Planting Area, any camel, horse,· mare, bull, cow, ass or mule or the young of such animals : Provided that such animals and their young are at all times tethered in such manner as to prevent damage to any tree : Provided further that the Village Commission of the village concerned may at any time, having regard to the age of the trees, the area of the lands aforesaid, the conduct of any such person, and having regard to all material considerations, prohibit, limit or control such grazing in such manner as the Village Commission may deem fit. 19. Every Tree Planting Area reserved as such under the provisions of the Tree Planting Village Areas Laws, 1930 to 1936, and all Regulations made and every notification published or fund established thereunder shall be deemed to have been reserved, made, published and established under the provisions of this Law . . 20. As respects any order reserving a Tree Planting Area in any village, the initial period whereof had been extended for a further neriod of five vears under the Laws revealed TREE PLANTING (VILLAGE AREAS). [CAP. 100. 9 :,y this Law,* the Commissioner may, by order to be ?ublished in the Gazette, extend such further period for ~nother period of five years from the expiration thereof '20t\\ithstanding that such further first period of five years 2s aforementioned had in the meantime expired : Provided that no person shall be prosecuted for any :Hence committed under any of the Laws repealed by this ~aw* in any Tree Planting Area between the date or the ::xpiration of the first period of five years and the date of ?ublication of the order of extension as aforementioned. • The Tree Planting (Village Areas) Laws. 1930 to 1936. were repealed by this Law.