THE [1][KHYBER PAKHTUNKHWA] PROTECTION OF TREES AND BRUSHWOOD ACT, 1949.

CONTENTS.

PREAMBLE

SECTIONS:

1.                  Short title, extent and commencement.

2.                  Definitions.

3.                  Liability to prevent Offences under this Act.

4.                  Joint Liability of Villagers.

5.                  Punishment.

6.                  Bar of Jurisdiction.

7.                  Power of the Provincial Government to make Rules.

THE [2][KHYBER PAKHTUNKHWA] PROTECTION OF TREES AND BRUSHWOOD ACT, 1949.

(Act No. VII of 1949)

AN 
ACT

to protect the trees and brushwood belonging to the Government and Local Bodies

[5][a * * * * ]

(a)        "Local Bodies" means Municipal Committees, Notified Area Committees, Cantonments and District Boards, in the [6][Khyber Pakhtunkhwa];

(b)      "Trees" means trees of all kinds, belonging to the Government or Local Bodies.

(c)        "Brushwood" includes all woody plants, fruit trees, bushes, shrubs and small  trees belonging to the Government or Local Bodies.

(d)      "An offence under this Act" means—

                   (1)  felling or girdling a tree or a brushwood;

                 (2)  lopping, tappling, stripping off the barks of leaves from, setting fire to, kindling any fire or leaving any fire burning in the vicinity of, keeping or carrying any fire in such a way as to endanger, permitting cattle to damage or otherwise in any way damaging any tree or brushwood whether, standing, fallen or felled; 

                     (3)  removing any. felled or fallen-tree or brushwood or any part                        thereof;

                  (4)  infringing any rules made under this Act:

            Provided that nothing shall be deemed to be an offence under this Act when done with the permission in writing of the prescribed authority or in accordance with rules framed under this Act.

         (2) The Provincial Government may in their discretion give an opportunity to show cause why the fine be not imposed before imposing a fine under sub-section (1) of this Section to the representatives of the villagers, land owners or occupants of land upon whom the fine is intended to be imposed.

          (3)  The fine when imposed shall be recovered as if it was an arrear of land revenue.

          (2)  In particular and with out prejudice to the generality of the foregoing powers, such rules may provide for any of the following matters:—

(a)    Prescribing the authorities entitled to grant permission to any persons to do any act which is an offence under this Act.

(b)    Providing for the preservation and disposal of any tree or brush-wood whether standing, fallen or felled.

(c)    Prescribing the authority before whom the representatives of any village landowners or occupants of land can show cause why the fine should not be imposed upon the villagers, landowners or occupants of land under this Act.