Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975.

RESTRICTIONS ON FELLING OF TREES AND LIABILITY FOR PLANTING AND PRESERVATION OF TREES

Restrictions on felling of trees.

§8

Summary

(1) On and after the date on which this Act is brought into force in any urban area, notwithstanding any custom, usage, contract or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether of his ownership or otherwise, situated within that urban area, except with the previous permission of the Tree Officer. (2) If 1[any person, including an officer of the urban local authority or an officer of the State Government or the Central Government, proposes] to fell a tree, he shall apply in writing to the 2[Tree Officer] for permission in that behalf. The application shall be accompanied by 3[the description of the tree and] a site plan, indicating the position of the tree required to be felled and the reasons therefor: 4[Provided that, where the significant number of trees are proposed to be felled, the alternate design alongwith the number of trees required to be felled for respective design shall be submitted alongwith the application.] 5[(3) 6[(a) On receipt of such application, the Tree Officer shall,- (i) give public notice by advertising it in at least one local newspaper; (ii) affix such notice on the conspicuous part of the tree that is to be felled; (iii) personally inspect the tree; 7*** (iv) hold an inquiry. 8[(v) specifically mention in the advertisement, if the tree to be felled is a heritage tree; and (vi) determine the age of the tree being felled as per the criteria and method as may be notified by the Government.] The Tree Officer shall, after expiry of the period of submission of objections and suggestions which shall not be less than seven days, submit his report alongwith objections or suggestions, if any, received to the Tree Authority or an officer mentioned in sub-section (6), as the case may be: Provided that, the Tree Officer shall submit his report within a period of twelve days from the date of receipt of the application: Provided further that, no personal inspection of the trees by the Tree Officer shall be required, if the applicant submits images and details of the trees to be felled, by using Information Technology enabled system developed by the urban local authority which suffices the requirement of submission of report by the Tree Officer: Provided also that, no such permission shall be refused if, in the opinion of the Tree Authority or the Officer, as the case may be, the tree is dead, or diseased or windfallen, or it constitutes a danger to life or property, or obstructs traffic; and if any objection is received against such permission, the matter shall be placed before the Tree Authority or the Officer, as the case may be, for reconsideration, and a decision shall be taken within two weeks after giving a hearing to the person who has raised the objection. (a-1) The Officer referred to in sub-section (6) or the Tree Authority, as the case may be, shall allow the application, with or without conditions or, may refuse it, within a period of forty-five days from the date of receipt of the application:] 9* * * (b) A report of permissions granted by the Tree Authority for felling trees shall be submitted at least once in 10[three months] to the concerned urban local authority in whose jurisdiction the Tree Authority is functioning.] 11[ (4) 12[Subject to the provisions of sub-section (5), if the Tree Authority fails to inform] the applicant of its decision within 13[forty-five days], from the date of the receipt of the application by it, or if the receipt of the application has been acknowledged by it within this period, from the date of acknowledgement of the receipt of the application, the permission applied for shall be deemed to have been granted:] 14[Provided that, the provisions of this sub-section shall not be applicable in case of felling of a heritage tree.] 15[(5) 16[(a)] Where permission to fell a tree is granted or deemed to have been granted under sub-section (4), 17[applicant shall plant such number of trees equal to the estimated age of the tree being felled and such trees to be planted shall be of atleast six feet height,] of the same or other suitable local species on the same site and if required at other suitable places as decided by the Authority. The number of trees to be planted on the same site and that on other suitable place alongwith location of such suitable place shall be mentioned in the permission to be granted by the Authority. The trees shall be planted within fifteen days from the date the tree is felled, or such extended time as the Tree Officer may allow in this behalf: Provided that such extended time granted shall not exceed fifteen days.] 18[(b) Tree Officer shall determine the age of the tree being felled as per the criteria and method as may be notified by the Government.] 19[(5A) The applicant and the Tree Authority or Tree Officer shall ensure that, compensatory plantation shall be carried out and the trees planted shall survive for a minimum period of seven years. It shall also be ensured that, the tree mortality during this period shall be compensated by planting equal number of new trees: Provided that, in case it is not possible for applicant to do the compensatory plantation, the applicant shall deposit an amount not less than valuation of trees being felled. Such valuation shall be based on methodology as may be notified by the Government: Provided further that, such amount deposited shall be utilized only for the purpose of compensatory plantation, its preservation and compensatory plantation in lieu of the tree mortality during this period. 20* * * (5C) New trees planted, in lieu of the permission to fell a tree granted under sub-section (5), shall be geo-tagged and monitored using latest technologies available.] 21[(6) Notwithstanding anything contained in this Act, if the number of trees proposed to be felled is twenty-five or less, in such cases all the functions and powers of the Tree Authority shall be exercised by the Municipal Commissioner of Municipal Corporation or the Chief Officer of Municipal Council or the Chief Executive Officer of the Authority as the case may be.]

(1) On and after the date on which this Act is brought into force in any urban area, notwithstanding any custom, usage, contract or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether of his ownership or otherwise, situated within that urban area, except with the previous permission of the Tree Officer. (2) If 1[any person, including an officer of the urban local authority or an officer of the State Government or the Central Government, proposes] to fell a tree, he shall apply in writing to the 2[Tree Officer] for permission in that behalf. The application shall be accompanied by 3[the description of the tree and] a site plan, indicating the position of the tree required to be felled and the reasons therefor: 4[Provided that, where the significant number of trees are proposed to be felled, the alternate design alongwith the number of trees required to be felled for respective design shall be submitted alongwith the application.] 5[(3) 6[(a) On receipt of such application, the Tree Officer shall,- (i) give public notice by advertising it in at least one local newspaper; (ii) affix such notice on the conspicuous part of the tree that is to be felled; (iii) personally inspect the tree; 7*** (iv) hold an inquiry. 8[(v) specifically mention in the advertisement, if the tree to be felled is a heritage tree; and (vi) determine the age of the tree being felled as per the criteria and method as may be notified by the Government.] The Tree Officer shall, after expiry of the period of submission of objections and suggestions which shall not be less than seven days, submit his report alongwith objections or suggestions, if any, received to the Tree Authority or an officer mentioned in sub-section (6), as the case may be: Provided that, the Tree Officer shall submit his report within a period of twelve days from the date of receipt of the application: Provided further that, no personal inspection of the trees by the Tree Officer shall be required, if the applicant submits images and details of the trees to be felled, by using Information Technology enabled system developed by the urban local authority which suffices the requirement of submission of report by the Tree Officer: Provided also that, no such permission shall be refused if, in the opinion of the Tree Authority or the Officer, as the case may be, the tree is dead, or diseased or windfallen, or it constitutes a danger to life or property, or obstructs traffic; and if any objection is received against such permission, the matter shall be placed before the Tree Authority or the Officer, as the case may be, for reconsideration, and a decision shall be taken within two weeks after giving a hearing to the person who has raised the objection. (a-1) The Officer referred to in sub-section (6) or the Tree Authority, as the case may be, shall allow the application, with or without conditions or, may refuse it, within a period of forty-five days from the date of receipt of the application:] 9* * * (b) A report of permissions granted by the Tree Authority for felling trees shall be submitted at least once in 10[three months] to the concerned urban local authority in whose jurisdiction the Tree Authority is functioning.] 11[ (4) 12[Subject to the provisions of sub-section (5), if the Tree Authority fails to inform] the applicant of its decision within 13[forty-five days], from the date of the receipt of the application by it, or if the receipt of the application has been acknowledged by it within this period, from the date of acknowledgement of the receipt of the application, the permission applied for shall be deemed to have been granted:] 14[Provided that, the provisions of this sub-section shall not be applicable in case of felling of a heritage tree.] 15[(5) 16[(a)] Where permission to fell a tree is granted or deemed to have been granted under sub-section (4), 17[applicant shall plant such number of trees equal to the estimated age of the tree being felled and such trees to be planted shall be of atleast six feet height,] of the same or other suitable local species on the same site and if required at other suitable places as decided by the Authority. The number of trees to be planted on the same site and that on other suitable place alongwith location of such suitable place shall be mentioned in the permission to be granted by the Authority. The trees shall be planted within fifteen days from the date the tree is felled, or such extended time as the Tree Officer may allow in this behalf: Provided that such extended time granted shall not exceed fifteen days.] 18[(b) Tree Officer shall determine the age of the tree being felled as per the criteria and method as may be notified by the Government.] 19[(5A) The applicant and the Tree Authority or Tree Officer shall ensure that, compensatory plantation shall be carried out and the trees planted shall survive for a minimum period of seven years. It shall also be ensured that, the tree mortality during this period shall be compensated by planting equal number of new trees: Provided that, in case it is not possible for applicant to do the compensatory plantation, the applicant shall deposit an amount not less than valuation of trees being felled. Such valuation shall be based on methodology as may be notified by the Government: Provided further that, such amount deposited shall be utilized only for the purpose of compensatory plantation, its preservation and compensatory plantation in lieu of the tree mortality during this period. 20* * * (5C) New trees planted, in lieu of the permission to fell a tree granted under sub-section (5), shall be geo-tagged and monitored using latest technologies available.] 21[(6) Notwithstanding anything contained in this Act, if the number of trees proposed to be felled is twenty-five or less, in such cases all the functions and powers of the Tree Authority shall be exercised by the Municipal Commissioner of Municipal Corporation or the Chief Officer of Municipal Council or the Chief Executive Officer of the Authority as the case may be.]

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