CUTTING OF TREES (PROHIBITION) ACT, 1992

 

The Cutting of Trees (Prohibition) Act, 1992, is a significant piece of environmental legislation in Pakistan that aims to regulate and restrict the felling of trees to protect and conserve the country’s forests and natural resources. Enacted in 1992, this act provides a legal framework for controlling the cutting of trees and promoting sustainable forestry practices. In this introduction, we will explore the historical context, key objectives, and legal significance of this act.

 

CONTENTS

1. Short title, extent and commencement
2. Definitions
3. Cutting of trees etc. Prohibited
4. Penalty
5. Cognizance of offences
6. Seizure and confiscation of Property
7. Power to prevent commission of offences
8. Provincial Governments to demarcate zones
9. Power to enter etc.
10. Rules
11. Repeal

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THE CUTTING OF TREES (PROHIBITION) ACT, 1992

ACT NO. XVIII OF 1992

[29th July, 1992]

An Act to provide for the prohibition of cutting of trees near the external frontiers of Pakistan

WHEREAS it is expedient to provide for the prohibition of cutting of trees or causing

damage to trees near the external frontiers of Pakistan and matters ancillary thereto ;

It is hereby enacted as follows :—

1. Short title, extent and commencement. This Act may be called the Cutting of Trees

(Prohibition) Act, 1992.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context,—

(a) ‘authorised officer’ means an officer authorised by a Provincial Government;

(b) ‘field’ means a khasra number as defined in the Provincial law relating to land

revenue;

(c) ‘first zone’ means an area adjacent to and beyond the external frontier of

Pakistan extending towards Pakistan to a line at four kilometers measured

from the external frontiers of Pakistan;

(d) ‘second zone’ means an area adjacent to and beyond the first zone extending

towards Pakistan to a line at four kilometers measured from the first zone ; and

(e) ‘tree’ means a large plant with a self-supporting trunk.

3. Cutting of trees etc. Prohibited.—(1) Except as hereinafter provided, no person shall,

without the prior written approval of the authorised officer, cut, fell or damage or cause to be cut,

felled or damaged any tree growing—

(i) in the first zone,, if the number of remaining trees in any field falls short of the

number to be calculated at the rate of fifteen trees per acre ; and

(ii) in the second zone, if the number of remaining trees in any field falls short of

the number to be calculated at the rate of ten trees per acre.

(2) Nothing contained in sub-section (1) shall apply to a tree growing on land occupied as the

site of a town or village or in a dwelling-house, including its curtilage.

4. Penalty. Whoever contravenes the provisions of this Act shall be guilty of an offence

punishable—

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(i) with fine which may extend to five thousand rupees, if he contravention relates

to the first zone ; and

(ii) with fine which may extend to two thousand and five hundred rupees, if the

contravention relates to the second zone.

5. Cognizance of offences. No court shall take cognizance of an offence under this Act,

except on a complaint by the authorised officer or the local formation commander of the Pakistan

Army.

6. Seizure and confiscation of Property.— (1) When any tree has been cut, felled or

damaged in contravention of the provisions of this Act or rules made thereunder, such tree together

with all tools used in committing any such contravention may be seized by the authorised officer.

(2) Every officer seizing any property under this section shall place on such property a mark

indicating that the same has been so seized and shall, as soon as may be, make report of such seizure

to the Magistrate having jurisdiction to try the offence under this Act.

(3) Upon the receipt of any such report, the Magistrate shall, with all convenient despatch,

take such measures as may be necessary for the trial of the offender and the disposal of the property

according to law.

(4) Any tree in respect of which an offence has been committed under this Act and all tools

used in committing any such offence shall be liable to confiscation, and such confiscation shall be in

addition to any other punishment prescribed for such offence.

7. Power to prevent commission of offences. The authorised officer shall prevent the

commission of any offence under this Act and for that purpose may take such measures as may be

prescribed by the rules under this Act.

8. Provincial Governments to demarcate zones. The Provincial Governments may,

whenever it may deem expedient, cause the zones defined in section 2 to be demarcated and the trees

growing in any zone to be enumerated.

9. Power to enter etc. Any authorised officer or any other person authorized to demarcate the

zones and enumerate the trees shall be entitled to enter upon any land, and—

(i) to survey and land;

(ii) to make map of any zone ;

(iii) to erect or cause to be erected boundaries marks ; and

(iv) to blaze any tree.

10. Rules. The Provincial Government may make rules for carrying out the purposes of this

Act.

11. Repeal. The Cutting of Trees (Prohibition) Act, 1975 (LXXIV of 1975) is hereby

repealed.

 

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