Tamil Nadu Rosewood Trees (Conservation) Act, 1994 (No. 1 of 1995)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Rosewood Trees (Conservation) Act, 1994 Act 1 of 1995 Keyword(s): Forest, Rosewood Trees, Conservation Amendment appended: 13 of 2010 I 1 I 0 ~ E R N M E N T OF TAMIL NADU Registered No. M 1 (Price: Rs. 30 Palse I - - -- --- - . - . .-- .---I - ,-.I --- --%-- I C I I L I * - - C Part IV-Section 2 I T& Nadu Act. and Or- Tire ioito\\ring 421 cf the Ta n,] 3qd.1 Lc$;~ative i\~seil~ble received the assent of the Precidq 7 r'n ,bt. rt-, Janlva;? 1 99? ni cl ir hrrphr yblished for gcrlerJ inform:ti"n . ACT No. I of 1995. An Acr to prorl&, ju r t l ~ c con~ervatior 01 rosewood frees iil the .yfotr o l d jur ~ n o t t : , ~ ,,,,tt7(/ t/lerewj/h or ancillary or inridfatal thereto. , W H ~ E A ~ the population of rosewood trees are on the decline in view of vast felling, remoyal, transport and sale of rosewood trees due to its increased l,,,inet v;lluc rosultlng in the extinction of its species in the forests of Tamil AhD \ Y ~ E ~ E * ~ rOSeWOOd tree is one of the i m p ~ t a n t w03.I spscieq $ n i l .i.~ ia the forests ot Southern India, especially in T a d Nadu : 7 A ~ D w ~ ~ ~ A ~ , the roscivood is a rare species which i s almost imwa~si?rie to ,.. \ * + * , d t t q > regenerate except by natural growth ; + - , ~ v t L ~ ~ ~ J; , : , .*{ *:. A,D WHEREAS, under the existing provisions of law it k not possible to. arrss 1 - - u ?;wo. the diminishing trend in the existence of rosewood trees in the sfate ; AND WHFRBAS, to conserve the existlng rosewood trees in the brest and in 1 t l-w,'? . :',.'.' the interest of maintaining ths heritage of forest, it has b r o n c ne;sisary to th= cutting, tslling, transport, Sale and P O S S ~ S ~ ~ O ~ of rosewood $ trees in the Stare lnlmedliltely ; P, enacted by the Legislative 4'oably of th: Stat; of Tdaii Na iu in the F ~ ~ ~ J - ~ r t h Year of the Republic 01 India as fol!ows : ' 1 (1, This Ac( lnay be znlled the Tamil Nadu Rosewood 'r'rees (Cons::- Short i , i , c , ~ ~ t t ~ ~ ~ , ,-,ct.lon) Act. 1994. L- Commmcement and duration. 12) 1, eh(.luS to the wohle of the State of Tamd wadu. shall :omc iot id;c. onu; ana rema.~n 117 force tor .. - t t . r !,-. ,. fifteen years. c:fiup) 1 ~ - 2 EX. r77)-7 ( 5 ) i ? 6 TAIAIL NADU Ci3VERN;dENT GAZbTTE EXTXAOKDINARY (4) Upoil 11;c cxpir) ot tl-is Att, the pro-,isions of section 8 ot tne clirr Taw!; Nadu 'General Ci~uses Act, 1891 shall apply as if this Act had then Tarn11 hadu ACL ( 197 been; repealed by a Tan~ i l Yadu Act. 01 1891. ( I ) "10i~st" ~i;cludcs -+,aslr or c o n i ~ ~ u n a l lacd contain~ng t:ees, shrubs and roads, paqture irnd a~lci any othct class ot land declared by l~o t i f ica t i~n b\ lhc Co\ernn;etit to be a torest. Explan~ticn.-For tl,e pc!~cc ts of this clause "ccrnn~ui;al land" mear,r; (i) beds a ~ d bui~ds t f tanks anc. of supply, draicrge, surplus or i.-rigariori channels ; I (ii) threshing-floor, cattle-stands, village-sites and other lands wbch are I set apart for the ccrnn.cn usc of tl:e villagers ; r (2) "Governme~~t" means the State Government ; 4 I Provided that dead or fallen rosencod tree may be renioved wlth the per- mision of the prescribed authority jn acccrcizr,ce with such rules as may be prescribed. (3) "prescribed autlicrity" nieans, an authority, officer or person em Prohibition of transport, sale 4 4 N o person shall t l a n s ~ o ~ t , sell or have in his pcsseqsicn. any :luhlirity orpossession of rosewood tree which was PTCCLICC! in ccn t ra~ent~cn ci tJ;e prolislor,s of rosewood tree. section 3. f Power of entry, pspection, ctc. 5. (1) The Collector or any Forest QfEcer not bt.o\+ s ~ ~ c h rank as tht: Government may, by orcler specltv In t h ~ s behalf, may, powered by the Go\iemn;ellt, by not;fcation, to he the prescribed authority tor the purposes ot this Act ; (4) "Rosewood ttce" incl~ldes Blackwood rose wood, Indian rosewood and Malabar black wood, their stumps and brush woods and aiso includes rose wood trees when they have fallen or have been felled and al! rose wcio;. whether cut up or fashioned or hollowed out for any purpose oi not. (a) enter a rd insrcct : t a n y t,11 t by day or by nrgl~t, any place in which it is reasonably suspected th?,t ?n c f e ~ c c undcr this Act has becll, or is bcing, committed : 1 1-rohibit~on ot 3. Notwithstanding anqthing ccntairca in any law f o ~ tlie tin-e being in 1 cutting, etc,. of t o r e or in any custom or usage, or in any jud~mcnt , decrcc or order ol rosewood tlcr. any court o r other authority, c o person shall cut, fell, girdle, lop. tap, uproot or burn or otherfiise damzge any rosekfccd tree in any forest or d o any act likely to endanger its existence o r result in the extinction of its species : (b) selze any rosewood tree in respect of which he has reason to belier/e that'any prevision cf this Act l:ns kcen. is bci~.:g, or is about to be contravened :.;o::r v;i:'n t!:c paclczpx, coverings or rzceptacies in which such rosewooci tree is ~\jul;C; 01. t o ~ i S or M;C~; 'FOI~S abed Jcr Llic con:~nis;sicn cjf the ofl'ence or animals, vehicles, vessels, boats or conveyances used in carrying such rosewood tree and thereafter take all measures necesszry for securing the production or rhe pack ages, coverings, saceptscles, tools, Iveapcns, animals, vehicles, vessels, boats o r co lveyances so seized, il? a court ar,d for their saf2 c~lstody periding cucti pi9i, diiction. 'XIAMTL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7 a - - -- -.. -- .-.I (2) All searches under sub-section (I) shall be made in accordalice with the provisions of the Coae of Criminal Procedure, 1973. 6. (1) Any person who contravenes any provisions of this Act, or any Offences and rule or order made thereunder shall, on conviction, be punishabIe with im- penalties. prisonment for a term which may extend to five years and with fine which may extend to twenty thousand rupees : Provided that (a) for a first offence the term of such imprisonment shall not be less than two years and such fine shall not be less than seven thousand and five hundred rupees ; (b) for a second or scbsequent offecces, the term of such imprisonmenl shall not be less than three years and such fine shall not be less than fifteen thousand rupees. (2) When any pcrson is convicted of an oflence against this Act, the Court trying the offence may order that any rosewood tree in respect of which the offence has been co~mitted, and any package, covering, receptacle, tool, weapon, animal, vehicle, vessek, boat or bnveyance used i n the cpmmission of the said offence be forfeited to the Government and such forfature shall be in addition to any other punishment that may be awarded for such offence. 7. (1) Where an offence punishable under this Act has been committed Offences by by a company, every person, who at the time, the offence was committed, companies. was incharge of and was responsible to, ihe company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and p,mished accordingly : 1 ' I Provided that nothing contained in this sub-section shall render any such ' person liable to any punishment if. he proves that the offence was corn-' mitted witbout his knowledge or that he 11ad exercised ail due diligence to p-cvcnt thc commission of such ol'rcilcc. (2) Notwitlistanding anyiliirp contained in sub-sectron ( I ) , &here any offence under this Acl, has been corrmitted by a compacy and it 1s proved that thc, offctlce )la.; heer~ con~~nittcd with the conse~lt or conniv;tncc of. or isattri 1 ~ ~ 1 1 , , 1 ~ 1 ~ ~ (0 ;,lly I I ~ ~ I c L . ~ 0 1 1 t I ) C \>;lrt 0 1 , ;lily ~ ~ l r c ~ . l o r , l l l ~ l l l , l ~ ~ c ~ r \%cbcr~.l:lry or other oilicer of the company. such tlirector, m:l.~:rl:cr, \ccrctary or olitci. olliccr 4rall also be deemed to be guilty of that offence and shall be Ibb!e to be proceeded against and punished accordingly. Expk;nation.-For tke purposes of this section (a) "company" means any body corporate and includes lirm or other association of individuals ; and (b) "director" in relaticn l o a iirn means a partner in the firm. 8. (1) Any offence punishs5Ie under this Act shzll be a cognizable: offence Offences within the meaning of the Code of Criminal Procedure, 1973. this ~ c t to !q#$g ,,iig:, .,3 ,fi cognii:.ble. a , (2) No court shall takc: cog,li~anc= o: ally ~iTence punish; ble under this Act except upon a complaint in writing by the prescribed author$( or an officer generally or spncially authclised by tl,e Ccvernmcnf in this behalf. 1 ' . ' 9 (1) No co~lrt inferior to that of a Metropolitan Magistrat cr a Judicial ~uris<iction of ~ i a ~ i s t r s t e of the first class sha!l try any ofleence punishable unde this Act. C 4 zrimlr;al courr. .;i\cr 2 of 4 (2) Notwithstanding anything contaiiled in section 29 of' the Code of Criminal Procedure, 1973 it shall hc lawful for a Metronolitan Magistrate or a Ju~licial Magistrate of t!,e first class to try any oflcrlce punishable undzr this Act. . La:, k,.J J \,r 10. Viher:ver any person is accused of any offence under this Act in respect Prcsum~:fon 3s nf ans rosewood tree it shall be presumed until tlie contrary is proved that sucb yTcF"' I:, 'i<':~{ sot1 has committed such oil znce. o f r F ~ V ' - 3 * , r It Act to over-rdc ' ' CORL~JC~S, etc. autl orrty. Power to make 17.. (1) Ti.:: L!)~<ii .~, tcr , i ii:,:~ 11a';e illie., 10 c~ir ry out l l ~ e pu~posr-s of L ~ ; S rules. Act. (2) (a) h!l rsiec n.,-.ae un3cr this Act shall be pc: lidied 111 the ?~ril?il A'cdu Go~vr~mlcr:: Gazc,tr and :!nlesc they a;e expressed to ccn?c into force NO. on a particu1a.r dn:r, s l~ i l l conir: iqto iorce 03 the dczy OIL zhich they are so * . published. t'= (b) All 1ior16c:llions iss,led under ?h;, Ac: shall, unless they are expressed I to come into force c n a p:~rticul~r day, come into force oa thc day on \1711ich they are so published. (3) Every rille made or notification issued under this Act and evcry order made under section 14 F!IPI~, 2.s SOO:~ ah possible after it is made or issued, be placed on the tzble of the Le gislative Assembly and if before the expiry oi the session in which it is so placed or the next session, the Assembly makes any ~nodi fication in any such rule, noti'icztion or order or the Assembly decides that the rule, notification or order ~i701:ld not be made or issued, the rule, notification or order shall thereafter h a v ~ effect only in suc6 modified form or be of no effect, as the case inay be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done urder that rule, notification or order. Power to remove 14. 1' a n y ciiili~al'y arises in giving eRect to the provisions of this Act the difficulties. Government may, by an ordcr publ~shed in thc Tu~ntl fludu G'over~uncnt Gazettr, make such provisions not incd,lJ;iicilt *it11 ihe provisions of this Act as appear to them to be necessary or expedient for renloving the difficulty : Provided that no suc!~ order shall be made after the expiry of two years trorn .iic date of the commencement of this Act. (kiy order of the Governor) N. MUNIRAMAN, Zc~otary t:, G ~ V - r n nent. L l w Drpcrra . - - - ^ A PRINTED BND PUBLIWEU BY THE IEIREC1COk OF STATIONERY AND ' (1 PRINTING M9CRa4S. U N SFH-iLF OF LHb GOVERNMENT OF TAMIL NADU © [Regd. No. TN/CCN/467/2009-11. GOVERNMENT OF TAMIL NADU [R. Dis. No. 197/2009. 2010 [Price: Re. 0.80 Paise. TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY No. 38] CHENNAI, FRIDAY, FEBRUARY 12, 2010 Thai 30, Thiruvalluvar Aandu–2041 Part IV—Section 2 Tamil Nadu Acts and Ordinances [ 43 ] IV-2 Ex. (38)—1 An Act to amend the Tamil Nadu Rosewood Trees (Conservation) Act, 1994. BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixtieth Year of the Republic of India as follows:— 1. (1) This Act may be called the Tamil Nadu Rosewood Trees (Conservation) Amendment Act, 2010. (2) It shall come into force at once. 2. In sub-section (3) of section 1 of the Tamil Nadu Rosewood Trees (Conservation) Act, 1994, for the expression “fifteen years”, the expression “thirty years”, shall be substituted. Short title and commence ment. Amendment of section 1. Tamil Nadu Act 1 of 1995. The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on the 12th February 2010 and is hereby published for general information:— ACT No. 13 OF 2010. (By order of the Governor) S. DHEENADHAYALAN, Secretary to Government, Law Department. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU