Establishment of Tree Authority.

§3

Summary

1[(A-1) As soon as may be, after the commencement of the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2021 (Mah. IX of 2021), the State Government shall constitute the Maharashtra State Tree Authority, by notification in the Official Gazette, consisting of officials not below the rank of Secretary to Government.] (1) As soon as may be after this Act is brought into force in any urban area the urban local authority concerned shall constitute a Tree Authority, consisting of 2[the Chairman and other] not less than five and not more than fifteen persons from amongst its members, appointed in such manner and for such period as that authority may determine : Provided that, where an administrator by whatever name called is appointed for any municipal corporation or municipal council, he shall during the period of his appointment, act as the Tree Authority and exercise all the powers and perform all the duties of the Tree Authority. (2) In the case of an urban local authority specified in column (1) of the table below the Chairman of its Tree Authority shall be the person specified against it in column (2) thereof. Name of the urban local authority(1)Chairman of its Tree Authority(2)1. A Municipal Corporation3[The Commissioner] of the Corporation2. A Municipal Council4[The Chief Officer of the Council].3. A Special Planning Authority constituted under section 40(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).5[The Chief Executive Officer] Special Planning Authority.4. A New Town Development Authority constituted under section 113(2) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).6[The Chief Executive Officer] of the New Town Development Authority. 5. A New Town Development Authority declared under section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or a Special Planning Authority appointed under section 40(1)(b) of that Act.The Managing Director of the Corporation or company declared to be the New Town Development Authority. (3) Every Tree Authority may 7[nominate] 8[experts from non-official organisations including retired Government Officials, with an experience in planting, preservation and conservation of trees, for minimum period as may be notified by the Government, from time to time,] as members of the Tree Authority, but the number of 9[such nominated members shall not exceed the number of members appointed under sub-section (1)]. These members shall be 10[nominated in such manner and for such period as may be prescribed]. (4) Any vacancy in the Tree Authority shall be filled as soon as may be by the authority competent to appoint the member in whose place fresh appointment is to be made. 11[Notwithstanding anything contained in sub-sections (1) and (2), where, in respect of the area of a Municipal Corporation or, as the case may be, a Municipal Council, the Tree Authority is not constituted or is not able to function for any reason whatsoever, the Municipal Commissioner of such Municipal Corporation or, the Chief Officer of such Municipal Council, shall act as the Tree Authority and shall exercise all the powers and discharge all the duties of a Tree Authority in such area, till such Authority is duly constituted or is able to function : Provided that, every decision taken by the Municipal Commissioner or the Chief Officer under this section, shall be placed before the general body of such Municipal Corporation or, as the case may be, the Municipal Council, in its immediately next meeting held after such decision.]

1[(A-1) As soon as may be, after the commencement of the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2021 (Mah. IX of 2021), the State Government shall constitute the Maharashtra State Tree Authority, by notification in the Official Gazette, consisting of officials not below the rank of Secretary to Government.] (1) As soon as may be after this Act is brought into force in any urban area the urban local authority concerned shall constitute a Tree Authority, consisting of 2[the Chairman and other] not less than five and not more than fifteen persons from amongst its members, appointed in such manner and for such period as that authority may determine : Provided that, where an administrator by whatever name called is appointed for any municipal corporation or municipal council, he shall during the period of his appointment, act as the Tree Authority and exercise all the powers and perform all the duties of the Tree Authority. (2) In the case of an urban local authority specified in column (1) of the table below the Chairman of its Tree Authority shall be the person specified against it in column (2) thereof. <table style="margin-left: auto; margin-right: auto;border-collapse: collapse;"><thead><tr><th id="tableincontent" style="text-align: center;min-width: 100px;padding: 10px;background-image: linear-gradient(to bottom, #fff 0, #fff 100%);"></th></tr></thead><tbody><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">Name of the urban local authority (1)</center></td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">Chairman of its Tree Authority (2)</center></td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">1. A Municipal Corporation</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">3[The Commissioner] of the Corporation</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">2. A Municipal Council</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">4[The Chief Officer of the Council].</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">3. A Special Planning Authority constituted under section 40(1)(a) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">5[The Chief Executive Officer] Special Planning Authority.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">4. A New Town Development Authority constituted under section 113(2) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">6[The Chief Executive Officer] of the New Town Development Authority.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"> 5. A New Town Development Authority declared under section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or a Special Planning Authority appointed under section 40(1)(b) of that Act.</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">The Managing Director of the Corporation or company declared to be the New Town Development Authority.</td></tr></tbody></table> (3) Every Tree Authority may 7[nominate] 8[experts from non-official organisations including retired Government Officials, with an experience in planting, preservation and conservation of trees, for minimum period as may be notified by the Government, from time to time,] as members of the Tree Authority, but the number of 9[such nominated members shall not exceed the number of members appointed under sub-section (1)]. These members shall be 10[nominated in such manner and for such period as may be prescribed]. (4) Any vacancy in the Tree Authority shall be filled as soon as may be by the authority competent to appoint the member in whose place fresh appointment is to be made. 11[Notwithstanding anything contained in sub-sections (1) and (2), where, in respect of the area of a Municipal Corporation or, as the case may be, a Municipal Council, the Tree Authority is not constituted or is not able to function for any reason whatsoever, the Municipal Commissioner of such Municipal Corporation or, the Chief Officer of such Municipal Council, shall act as the Tree Authority and shall exercise all the powers and discharge all the duties of a Tree Authority in such area, till such Authority is duly constituted or is able to function : Provided that, every decision taken by the Municipal Commissioner or the Chief Officer under this section, shall be placed before the general body of such Municipal Corporation or, as the case may be, the Municipal Council, in its immediately next meeting held after such decision.]

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