KARACHI, Nov 16: Sindh Governor Mohammedmian Soomro has promulgated the Sindh Plantation, Maintenance of Trees and Public Parks Ordinance 2002 which shall come into force immediately.
According to the ordinance, agency means the local government as defined in the Sindh Local Government Ordinance 2001, and authorized officer means any officer of a local government appointed to perform the functions and exercise the powers under this ordinance and government means the government of Sindh.
Felling means wilful cutting or destroying trees and plants by any means.
Land means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agriculture purpose or for pasture and includes the sites of building and other structures on such land.
Occupier means any person in actual occupation of land and includes the owner of the land, plant includes shrubs, climbers, creepers, hedges and ferns, and tree includes all perennial plants with well-defined trunks growing above the ground with branches to a considerable height.
Public park includes botanical gardens and any park or recreation ground maintained by an agency.
An agency shall be subject to rules and directions of the government and within the limits of funds at its disposal, plan and develop, plantations, maintenance of trees and public parks and cause to be maintained trees and public parks in accordance with this ordinance.
Subject to control and direction of the local government concerned the authorized officer shall arrange plantation of trees and maintenance of public parks in accordance with the plan prepared.
Subject to the provisions of this ordinance no person shall without the written permission of the authorized officer fell or cut any tree growing on any land, except where felling or cutting is in compliance with any obligation imposed by or under any law or is otherwise in public interest.
An application for permission shall be made to the authorized officer who may either grant or refuse permission.
The permission shall be subject to such conditions as the authorized officer may specify.
Any person who is aggrieved by the decision of the authorized officer may within two weeks of the date of decision appeal to the agency whose decision thereon shall be final.
For the purpose of preserving or enhancing the amenity of such land plant or cause to be planted trees in accordance with the plan referred to in the ordinance.
Where the occupier fails to comply with the requirements as specified in the ordinance, the authorized officer may serve on the occupier of such land a notice requiring him, within the period not being less than 14 days, to plant or replant any tree such species as may be specified in the notice.
A notice may be addressed to the occupier with or without stating his name and may be served either by: a) delivering it personally to the occupier. b) leaving it with an adult at his usual or at the last known place of his business or abode. c) Sending it by registered post. d) By affixing a copy of such notice at a conspicuous place of the property of his business or abode.
A notice shall take effect on the expiry of the period as may be specified.
If within the period of appeal the occupier appeals to the agency the notice shall not take effect unless the notice is confirmed by the agency or the appeal is dismissed or withdrawn.
The decision of the agency on appeal shall be final.
The authorized officer is satisfied that any tree or plant is likely to be dangerous to life or property or to cause an obstruction or in any way impedes traffic, he may by notice in writing require the occupier of the land on which it is growing or lying to remove it within the time specified in the notice.
In case of the notice is not compiled with, the authorized officer may at any time after the expiry of the period specified in the notice cause the work to be done at the cost and expense of the occupier.—PPI
