An Act to make better provision for trees in urban areas in the State by regulating felling of trees and providing for planting of adequate number of new trees in those areas

Whereas with the growing pace of urbanization and industrialization, there has been indiscriminate felling of large number of trees in the urban areas of the State of Maharashtra;

And Whereas it is expedient to make better provision for preservation of trees in urban areas in the State, by regulating felling of trees and providing for planting of adequate number of new trees in those areas and to provide for matters connected therewith; It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows, namely:—

Chapter I

PRELIMINARY

## Section 1. Short title, extent and commencement.—(1) This Act may be called the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force in any urban area or part thereof on such date as the State Government may, by notification in the Official Gazette, specify; and different dates may be specified for different urban areas or parts thereof.

## Section 2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “preservation of trees” includes planting of new trees and ²[other operations for survival and propagation of the trees;]

(b) “relevant Act” means the Act under which the urban local authority concerned is constituted;

⁴[(d) “tree” means any perennial woody plant, whether in the seeding or supplying stage or fully grown stage, and includes shrubs whose branches spring from the ground level;]

(e) “Tree Officer” means an officer appointed as such by the Tree Authority for the purpose of this Act;

(f) “urban area” means a municipal corporation area for which a municipal corporation is constituted under ⁵[the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act (III of 1888), or a municipal area within the meaning of clause (24) of Section 2 of the Maharashtra Municipal Councils, Nagar Panchayats (LIX of 1949) and Industrial Townships Act, 1965 (Mah. XL of 1965)], and includes a notified area for which a Special Planning Authority is constituted or appointed under Section 40 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or an area designated as the site for a new town for which a Development. Authority is constituted under Section 113 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966);

(g) “urban local authority” in respect of any urban area, means the municipal corporation, municipal council, Special Planning Authority or development Authority, as the case may be, having jurisdiction over that area;

(h) words and expressions used in this Act, but not defined herein shall have the meanings assigned to them in the relevant Act.

Chapter II

ESTABLISHMENT AND PROCEDURE OF TREE AUTHORITY

## Section 3. Establishment of Tree Authority.—(1) As so an 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 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 Corporation ..	The Mayor of the Corporation.
2. A Municipal Council ..	The President 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).
4. A New Town Development Authority constituted under Section 113(2) of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).	The Chairman 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 co-opt representatives of non-official organisations, who have special knowledge or practical experience in the field of planting and preservation of trees, as members of the Tree Authority, but the number of such co-opted members shall not exceed three. These members shall be co-opted in such manner and for such period as the Tree Authority may determine.

(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.

⁶[(5) 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.]

## Section 4. Meetings of Tree Authority.—(1) The Tree Authority shall meet at least once in three months at such place and time as the Chairman may decide.

(2) The quorum to constitute a meeting of the Tree Authority shall be one-third of the total number of its members including co-opted members, if any.

(3) The co-opted members shall have the rigor to vote at a meeting of the Tree Authority.

(4) Save as otherwise provided by or under this Act, the rules of procedure for the meetings of the urban authority shall mutatis mutandis apply to the meetings of the Tree Authority.

Chapter III

OFFICERS AND SERVANTS

## Section 5. Appointment of Tree Officer.—(1) As soon as may be after this Act is brought into force in any urban area, the urban local authority concerned shall, subject to sub-section (2), appoint one or more of its officers as Tree Officers for the purposes of this Act.

(2) In Greater Bombay any officer to be appointed as Tree Officer shall not be below the rank of Ward Officer, and in other municipal corporation areas such officers shall not be below the rank of Assistant Municipal Commissioner. In every municipal area, the Chief Officer of the municipal council concerned shall be Tree Officer, and the Council may appoint one or more of its other officers as Tree Officers.

(3) Every Tree Officer shall exercise jurisdiction over the whole or such part of the urban area as the urban local authority may, from time to time, determine.

## Section 6. Appointment of other officers and servants.—(1) The urban local authority may, from time to time, appoint, such other officers and servants subordinate to the Tree Officer, as it considers necessary:

Provided that, where the urban local authority is a municipal council, notwithstanding any restrictions on the appointment of staff contained in the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965), the municipal council shall be competent to appoint the staff considered necessary by it for the purposes of this Act.

(2) The conditions of appointment and service and the powers and duties of such officers and servants shall be such as may be determined by the urban local authority.

Chapter IV

DUTIES OF TREE AUTHORITY

## Section 7. Duties of Tree Authority.—Notwithstanding anything contained in the relevant Act or in any other law for the time being in force, and subject to any special or general directions given by the State Government, the Tree Authority shall be responsible for—

(a) preservation of all trees in all lands within its jurisdiction;

⁷[(b) carrying out a census of the existing trees in all lands Within its jurisdiction, from time to time, as may be directed by the State Government;]

(c) prescribing standards specifying the number and types of, trees which each plot of land shall have and which shall be planted therein;

(d) development and maintenance of nurseries for the supply of seeds, sapplings and trees to persons who desire to plant new trees or to replace trees which have been felled-with the previous permission of the Tree Officer;

(e) transplanting of trees necessitated by construction of new roads or widening of existing roads or for safeguarding danger to life or property;

⁸[(f) Organisation of flower, fruit, vegetable, tree or plant shows and assisting private and public institutions in organising such shows, and creation of consciousness of importance of trees and vegetation to the human welfare : ]

(g) grant of advice and technical assistance to any person seeking such advice or assistance in any matter connected with planting and preservation of trees;

(h) planting and maintaining such number of trees as it considers necessary, according to the prescribed standards, on roads, in public parks and gardens and on banks of rivers or lakes or ⁹[sea shores, on hills, open spaces or public places;]

(i) undertaking any other schemes or measures for achieving the objects of this Act.

Chapter V

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

## Section 8. Restrictions on felling of trees.—(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, 10 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 any person wishes to fell a tree, he shall apply in writing to the Tree Officer for permission in that behalf. The application shall be accompanied by a site plan, indicating the position of the tree required to be felled and the reasons therefor.

(3) On receipt of such application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary either grant or refuse the permission applied for:

Provided that, to such permission shall be refused ¹⁰[if, in the opinion of the Tree Officer, the tree is dead] diseased or wind-fallen, or it has silviculturally matured or it constitutes a danger to life or property or it constitutes obstruction to traffic or it is substantially damaged or destroyed by fire, lightening or torrential rain.

(4) If the Tree Officer fails to inform the applicant of his decision within ninety days, from the date of receipt of the application by him, or if the receipt of the application has been acknowledged by him within this period, from the date of acknowledgment of the receipt of the application, the permission applied for shall be deemed to have been granted.

(5) Where permission to fell a tree, is granted, the Tree Officer may grant it subject to the condition that the applicant shall plant another tree of the same or other suitable species, of the same site or other suitable place within thirty days from the date the tree is felled, or such extended time as the Tree Officer may allow in this behalf.

## Section 9. Power to require planting of adequate number of trees.—(1) If, in the opinion of the Tree Officer, the number of trees in any land is not adequate according to the standards prescribed under paragraph (c) of Section 7, the Tree Officer may, after giving a reasonable opportunity to the owner or occupier of the land of being heard, by order, require him to plant such trees or additional trees and at such places in the land as may be specified in the order.

(2) When an order is made under sub-section (1), the owner or occupier of the land shall comply with the order within ninety days from the receipt thereof.

## Section 10. Power to require planting of a tree in place of fallen or destroyed tree.—(1) Where any tree is fallen or destroyed by wind, fire, lightening or torrential rain, the Tree Officer may, suo motu or on information given to him, after holding such inquiry as his deems fit and giving a reasonable opportunity to the owner or occupier of the land where the tree existed, by order, require such owner or occupier to plant a tree in place of the tree so fallen or destroyed of the same or other species at the same or other suitable place as may be specified in the order.

(2) Where an order is made under sub-section (1), the owner or occupier of the land shall comply with the order within ninety days from the receipt thereof.

## Section 11. Responsibility for preservation of trees 11[and power to take deposit for proper compliance.—¹²[(1)] Where an order is made by the Tree Officer under Section 8, 9 or 10, subject to the provisions of Section 12, it shall be the duty of the owner or occupier of the land who is directed to plant a tree to see that the tree grows properly and is well preserved. It shall also be the duty of such owner or occupier to preserve all other trees existing on the land on the date of corning into force of this Act in the urban area in which the land is situated.

¹³[(2) Where an order is made under Section 8, 9 or 10, the Tree Officer may require the owner or, as the case may be, the occupier, of the land to deposit with him such sum as he may specify in this behalf, as security for ensuring proper compliance with the order made by him. The sum to be deposited shall not exceed such amount as maybe prescribed.]

## Section 12. Adoption of trees.—(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the Tree Authority may, subject to such terms and conditions as it may specify in that behalf, allow by a written permission any individual, body Corporate or institution to adopt any tree for such period as may be specified in the permission, and during such period the said individual, body corporate or institution shall be responsible for the maintenance and preservation of the said tree.

(2) Where any order is made by the Tree Officer under Sections 8, 9 and 10, in lieu of planting a new tree, the Tree Authority may by written permission allow the person concerned to adopt a tree specified by it and then the person shall be responsible for the maintenance and preservation of that tree for such period as may be specified by the Tree Officer:

¹⁴[Provided that, the trees to be adopted shall be less than one year old and their number shall not be less than the number of trees, which the person concerned could have been required to plant under sub-section (5) of Section 8, sub-section (1) of Section 9 or sub-section (1) of Section 10, as the case may be.]

## Section 13. Recovery of expenditure on failure to comply with orders for planting trees.—Where the owner or occupier of any land fails to comply with any order made by the Tree Officer under Section 8, 9 or 10, the Tree Officer may, after giving a reasonable opportunity to such owner or occupier of being heard, and without prejudice to any other action which may be taken against the defaulter under this Act, take the necessary action himself and recover the expenditure incurred therefor from the owner or the occupier, as the case may be. ¹⁵[For the purpose of recovery of the amount of such expenditure, the Tree Authority shall have the same powers as are available to the urban local authority for the purpose of recovery of arrears of a property has or where such tax is not levied, for the purpose of recovery of arrears of betterment charges or other dues levied by the urban local authority under the relevant Act.]

## Section 14. Appeals.—(1) Where any decision is given or order is made under Section 8, 9 or 10 by the Tree Officer, an appeal shall be to the Tree Authority.

(2) The appeal shall be made within fifteen days from the date the decision is communicated to, or the order is received by, the owner or occupier of the land and shall be accompanied by a fee of Rs. 50.

(3) The Tree Authority shall, as far as possible, decide the appeal within sixty days from the date of its receipt, after giving a reasonable opportunity to the appellant of being heard. The decision of the Tree Authority shall be final, and shall not be questioned in any Court of Law:

Provided that, where an appeal is made in time, the period for compliance, specified in the order of the Tree Officer appealed against, shall be reckoned from the date on which the appeal it decided against the appellant aid where the appeal is allowed, the fee of Rs. 50 paid with the appeal shall be refunded to the appellant.

Chapter VI

FINANCE, BUDGET AND ACCOUNTS

## Section 15. Fund of Tree Authority.—Notwithstanding anything contained in the relevant law or any other law for the time being in force, the urban local authority shall create a separate fund to be called the Tree Authority Fund, to which shall be credited all monies received by the Tree Authority including—

¹⁶[(a) contribution by the urban local authority-from its income from such taxes as may be prescribed or when such taxes are not levied by the authority, from its income from the betterment charges, if any, learned by it under the relevant Act or from the income derived by it from the sale of plots made by it under the relevant Act. The rates of the contribution shall be such as may be specified by the State Government, from time to time, by a general or special order;].

(b) all moneys raised by levy of a cess under Chapter VII;

(d) any moneys received by the Tree Authority as donations from any individuals, or corporate bodies or institutions.

## Section 16. Budget.—Every Tree Authority shall on or before the 31st day of October every year, prepare in such form as the urban local authority they prescribe, an annual budget estimate in respect of the ensuing financial year of the estimated income and expenditure of the Tree Authority and shall, notwithstanding anything contained, in the relevant law, submit it to the urban local authority for approval and inclusion in the budget estimate of that authority.

## Section 17. Accounts and audit.—The procedure applicable under the relevant law for maintenance and audit of accounts of the urban local authority shall mutatis mutandis apply to the maintenance and audit of the accounts of every Tree Authority.

Chapter VII

TREE CESS

## Section 18. Levy and collection of Tree cess.—(1) Where under the relevant law, an urban local authority is levying a property tax on buildings and lands, it shall be lawful for such authority, notwithstanding anything contained in the relevant law, upon a revues by the Tree Authority, to levy, for the purposes of this Act, an additional fix to be called, “the Tree Cess” on the buildings and lands, at such rate not exceeding one per cent of the rateable value of the property as the said authority may determine.

(2) The procedure for levy and collection of the property tax prescribed under the relevant Act shall mutatis mutandis apply to the levy and collection of the cess imposed under sub-section (1).

Chapter VIII

MISCELLANEOUS

## Section 19. Permission for development of land to be given with approval of Tree Officer.—Notwithstanding anything contained in the relevant law or any other law for the time being in force,—

(a) any authority or officer of the urban local authority, who is empowered to give any permission for development of land, shall not give such permission, except with the approval of and subject to the conditions, if any, imposed by the Tree Officer in regard to the preservation or plantation of trees on such land;

(b) no completion or occupation certificate in respect of any building shall be issued under the relevant law unless the authority competent to issue such certificate is satisfied that the conditions subject to which permission for development of the land as aforesaid was given have been complied with.

## Section 20. Power of Tree Authority to give directions.—The Tree Authority may, from time to time, give to the Tree Officer and other Officers and servants subordinate to him such general or special directions as it thinks fit as to the policy to be followed by them in the discharge of their functions and for carrying out effectively the purposes of this Act, and such officers and servants shall comply with such directions.

20-A. Prevention of felling or destruction of trees.—The Tree Officer or any other officer of the urban local authority authorised by such authority in this behalf or any police officer may take such steps and use such force as may be reasonably necessary to prevent the, felling or destruction of any tree or for the protection of any tree.

20-B. Power of entry for the purposes of this Act.—(1) Subject to the provisions of sub-section (2) it shall be lawful for the Tree Officer, or any officer authorised by him or by the Tree authority in this behalf to enter, with such assistants as he may deem necessary, upon, any public premises for the purposes of proper enforcement of this Act and for that purpose carry out such inspection and take such steps and use such force as may be expedient.

(2) Save as otherwise provided in this Act, or any rules made thereunder, no entry authorised by or under this Act shall be made—

(a) except between the hours of sunrise and sunset; and

(b) without the consent of the owner, occupier or person in charge of the public premises and without giving him a written notice of not less than twenty-four hours, declaring the intention to make such entry:

Provided that, no such notice shall be necessary if the entry is for the purpose of prevention of unauthorised felling of trees.]

## Section 21. Penalty.—[(1)] Whoever fells any tree or causes any tree to be felled in contravention of the provisions of Section 8, or without reasonable excuse fails to comply with any order issued or conditions imposed by the Tree Officer or voluntarily obstructs the Tree Officer or any officers and servants subordinate to him in the discharge of their functions under this Act, shall, on conviction, be punished with fine which may extend to ¹⁹[one thousand rupees for each offence, and if the offence is in respect of a tree in, any public premises the person concerned shall be punished also with imprisonment for a term which may extend to three months.]

²⁰[(2) All the offences under this Act shall be compoundable, with the permission of the Court.]

## Section 22. Power to make rules.—(1) The State Government may, subject to the condition of previous publication and by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may he after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Maharashtra (Urban Areas) Preservation of Trees Act, 1975
[Maharashtra Act 44 of 1975, Amended by Mah. 3 of 1977 and Maharashtra Act 15 of 2015][16th September, 1975]

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Maharashtra (Urban Areas) Preservation of Trees Act, 1975[Maharashtra Act 44 of 1975, Amended by Mah. 3 of 1977 and Maharashtra Act 15 of 2015][16th September, 1975]

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Maharashtra (Urban Areas) Preservation of Trees Act, 1975
[Maharashtra Act 44 of 1975, Amended by Mah. 3 of 1977 and Maharashtra Act 15 of 2015][16th September, 1975]