GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT No. XXXIV
OF 1964

THE MAHARASHTRA FELLING OF TREES
(REGULATION) ACT, 1964.

(As modified upto the 17th June 2013)

PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING AND STATIONERY,
MAHARASHTRA STATE, MUMBAI-400 004

J-1073

 2013

[Price—Rs. 4.00 ]

1964 : Mah. XXXIV]

(i)

THE  MAHARASHTRA  FELLING  OF  TREES  (REGULATION)   ACT,  1964.

        CONTENTS

PREAMBLE.
SECTIONS.

1.

Short title  and extent.

2. Definitions.

3. Restriction on felling of trees.

3A.

Powers of Tree Officer to order planting of trees.

4.

Penalty for felling trees in contravention of section 3.

5. Contravention of section 3 to be reported by certain officers.

6.

Procedure in cases to be dealt with under this Act.

7. Award of penalty or confiscation not to interfere with other punishments.

8.

Inquiries and proceedings to be judicial proceedings.

9. Offcers to be public servants.

10. Execution of order for payment of money.

11. Bar of proceedings.

12. Exemption.

Savings.

Provisions of this Act to be in addition to any other law for the time being in force.

Power to make rules.

SCHEDULE.

13.

14.

15.

J-1073–1

  
1

Short  title
and
extent.

Definition.

Mah.
XLI
o f
1966.

 XVI
o f
1927.

MAHARASHTRA ACT No. XXXIV OF 1964. 1
[THE  MAHARASHTRA FELLING OF TREES (REGULATION) ACT, 1964]
(This Act received the assent of the Governor on the 4th September 1964; assent was
first  published in the Maharashtra Government Gazette, Part-IV,
on the 7th September 1964.)
Amended by Mah. 31 of 1967 (11-12-1967)* Amended by Mah. 17 of 1987 (21-07-1987)*
Amended by Mah. 19 of 1969 (14-04-1969)* Amended by Mah. 26 of 1989 (07-08-1989)*
Amended by Mah. 35 of 1999 (14-06-1999*.

An Act to make better provision for regulating the felling of certain trees in the
State of Maharashtra, for the purpose of the preservation thereof.
WHEREAS, it is expedient to make better provision for regulating the felling of certain
trees in the State of Maharashtra, for the purpose of the preservation thereof, and for the
protection of the soil against erosion and to provide for matters connected therewith; It is
hereby enacted in the Fifteenth Year of the Republic of India as follows, namely :—

(1) This Act may be called the Maharashtra Felling of Trees (Regulation) Act,

1.
1964.

(2) It  extends to the whole of the State of Maharashtra  but excluding an urban area.
2.

In this Act, unless the context otherwise requires,—

2 [(a-1)

“artificial plantation” means planting of minimum 100 seedlings of tree
species per hectare through artificial means or by human agency on any land not being
the property of Government;]

3[(a)
3[(b)

“Code” means the Maharashtra Land Revenue Code, 1966;]
“Collector” includes a Revenue Officer appointed by the State Government

to exercise the powers and perform the functions of the Collector under this Act;]

3[(c)

“Forest-Offcer”  means  a  Forest  Officer  within  the  meaning  of  the  Indian

Forest Act, 1927;]

4[

*
*

*
*

*
*

*
*]

(d)
(e)

“Revenue Officer” means a Revenue Officer within the meaning of the  5[Code];
“to  fell  a  tree”  includes  burining  or  cutting  or  lopping  a  tree  to  cause

substantial damage or destruction thereto;

(f)

“tree” means any tree specified in the Schedule; and the State Government may,
by notification in the Official Gazette, add to or modify the Schedule, after considering
the necessity for the protection of any variety of trees; and the provisions of    sub-
section (2) of section 15 in so far as they relate to laying before, and modification by the
State Legislature shall apply in relation to such notification as they apply in relation to
any rule made under that section;

6[(ff) “Tree Officer” means a ‘Forest Offier’ not below the rank of a Range Forest

Officer;]

1. For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government    Gazette  1964,  Part

V,  p,  197.

*This  indicates  the  date  of  commencement  of  Act.
2. Clause  (a-1) was  inserted  by  Mah  35  of  1999,  s.  2.
3. Clauses  (a)  and  (b) were  re-lettered  as  clauses  (b) and  (c) and  before  clause  (b) as  so  re-lettered

clause  (a) was  inserted  by  Mah.  17  of  1987,  s.  2  (a).
4. Existing  clause  (c) was  deleted,  ibid,  s.  2  (b).
5. This  word  was  substituted  for  the  words  “relevant  Code”,  ibid.,  s.  2  (c).
6. Clause  (ff) was  inserted  by  Mah.  26  of  1989,  s.  2.

2

      Maharashtra Felling of Trees (Regulation) Act, 1964

 [1964 : Mah. XXXIV

Restric-
tion  on
felling  of
trees.

(g)

“Urban area” means  the area within the limits of a municipality, municipal
corporation, Municipal Committee, Town Committee, or notified area committee, or
Cantonment constitued under any law for the time being in force; and includes a local
area which is specified by the State Government in the Official Gazette, being an area
which  has  a  population  of  not  less  than  five  thousand  and  has  not  less  than  three-
fourths of male workers engaged in non-agricultural pursuits;

(h) words  and  expressions  used  but  not  defined  in  this Act  shall  have  the

meanings, respectively, assigned to them in the 1[Code.]
3. (1) Notwithstanding any custom, usage, or law for the time being in force, or the
decree or order of a Court, or anything contained in any instrument to the contrary, no
person  shall  fell  any  tree  or  cause  such  tree  to  be  felled  in  any  land,  whether  of  his
ownership or otherwise, except with the previous permission in writing of a 2[Tree Officer]
duly empowered by the State Government in that behalf    3*

4[(A) If any person wishes to fell a tree, he shall apply in writing to the 5[Tree Officer]

empowered under sub-section (1) for permission in that behalf.

(1B) The 5[Tree Officer] on receipt of an application—
(a) shall acknowledge the application within seven days;
(b) may,  after  due  enquiry,  either  grant  or  refuse  the  permission,  applied  for  in

accordance with the provisions of rules made under section 15 :
Provided  that,  no  such  permission  shall  be  refused  if  the  tree  is  dead,  diseased  or
windfallen, or if it has silviculturally matured, 6[or if it constitutes obstruction to traffic, or
if it is substantially damaged or destroyed by fire, lightning, rain, or other natural causes,]
or if it constitutes an obstruction to efficient cultivation :

7[Provided further that such permission shall be granted subject to the condition that
the applicant shall plant equal number of trees of the same or any other species as the Tree
Officer may direct on the same site or other suitable place in the vicinity in the ensuing
planting  season;]

8[(1Ba) Notwithstanding anything contained in sub-section (1B), but subject to the
rules made under section 15 in this behalf, the Tree Officer shall not refuse the application
made under sub-section (1A)  for carrying out silvicultural operations like thinning or
felling of trees scientifically for optimum growth of an artificial plantation.]

(1C) If the 5[Tree Officer] fails to inform that applicant of his decision within 9[sixty
days] from the date of acknowledgement of the application, or from the date of receipt of
the application, if the application is not acknowledged, the permission applied for shall be
deemed to have been granted.]

(2) Any person aggrieved by an order of the 5[Tree Officer] refusing to grant permis-
sion under 10[sub-section (1B)] may, within thirty days of the receipt of such order, appeal
to the Collector. Subject to such rules of procedure as may be prescribed, the Collector
may, after giving such person a reasonable opportunity of being heard,  pass such order on
the appeal as he thinks just and proper.

1  This  word  was  substituted  for  the  words  “relevant  Code”  by  Mah.  17  of  1987,  s.  2  (d).
2  These  words  were  substituted  for  the  words  “Revenue  Officer  not  below  the  rank  of  a  Deputy

Collector”  by  Mah.  26  of  1989,  s.  3  (a).

3  The  portion  beginning  with  the  words  “and  in  accordance  with  the  provisions  of  rules”  and  ending
with  the  words  “or  if  it  constitutes  an  obstruction  to  efficient  cultivation”    was  deleted  by  Mah.  31  of
1967,  s.  2  (a).

4  Clauses  (1A) to  (1C) were  inserted  ibid.,  s.  2  (b).
5 These words were substituted for words “Revenue Officer “ by Mah. 26 of 1989, s. 3 (b), (c) (i), (d)

(i)  and  (e)  (i)  respectively.

6  These  words  were  inserted,  ibid.,  s.  3  (c)  (ii).
7  The  proviso  was  added,  ibid.,  s.  3  (c) (iii).
8  This  sub-section  was  inserted  by  Mah.  35  of  1999,  s.  3.
9  These  words  were  substituted  for  the  words  “ninety  days”  by  Mah.  26  of  1989,  s.  3  (d)    (ii).
10  These  words,  brackets,  figures  and  letter  were  substituted  for  the  words,  brackets  and  figures  “sub-

section  (1)”,  ibid.,  3  (e) (ii)

¨ÉEòÉ¨ÉÖxÉÉ (BSÉ¤ÉÒ-1241-7)--11-2006--460 {ÉÖ./14 {ÉÉ.--{ÉÒ+É®8ú*

 1964 : Mah. XXXIV]

Maharashtra Felling of Trees (Regulation) Act, 1964

3

Power  of
Tree
Officer  to
order
planting
of  trees.

Penalty  for
felling
tress  in
contraven-
tion  of
section  3.

Contra-
vention
of  section
3 to be
reported
by  certain
officers.

1[3A. (1) If in the opinion of the Tree Officer the number of trees in any land (other
than the land falling in any permanent drought-prone area identified by the State Govern-
ment) is not adequate according to the standards prescribed by rules made under section
15, the Tree Officer may, by order, after giving a reasonable opportunity to the owner or
occupier of the land of being heard, require him to plant such trees or additional  trees, as
the case may be, at such places in the land as may be specified in the order; and the owner
or occupier of the land shall comply with the order by planting such trees or additional
trees in the ensuing planting season.

2[Provided that, nothing in sub-section (1) shall apply to an artificial plantation.]
(2) It shall be the duty of the owner or occupier of the land who is required by an
order  made  under  sub-section  (1) to  plant  a  tree  or  trees  to  ensure  that  they  grow
properly and are well preserved.

(3) Where the owner or occupier fails to comply with an order made under sub-
section  (1) the Tree Officer may, after giving a reasonable opportunity to such owner
or occupier of making representation and without prejudice to any other action which
may be taken against the defaulter under this Act take   necessary action himself and
recover the expenditure incurred therefor from the owner or occupier, as the case may
be, after giving a notice of demand for the amount payable by him. If the amount is not
paid within the time specified by the Tree Officer in the notice, it shall be recovered
along with interest at six per cent per annum and other incidental expenses, if any.]
4. Any  person  who,  3[without  permission  being  granted  or  deemed  to  have  been
granted] to fell any tree, fells any such tree or causes it to be felled, shall be liable to such
penalty not exceeding one thousand rupees as the 4[Tree Officer] empowered under sec-
tion 3 may, after holding an enquiry and giving such person an opportunity of being heard,
deem fit to impose; and the 4[ Tree Officer] may further order that any such tree so felled
(which  is  not  the  property  of  Government)  shall  be  forfeited  to  the  State  Government
5[along with the tools, boats, vehicles or other conveyances used in felling and removing,
any such tree.]

5. (1) Every Revenue Officer, Forest Officer and Police Officer shall be bound—

(a) to give immediate information of any contravention of section 3 to the officer
empowered  under  that  section  and  of  the  intention  or  preparation  to  commit  such
contravention which may come to his knowledge;

(b) to  take  all  reasonable  measures  in  his  power  to  prevent  such  contravention

which he may know or have reason to believe is about or likely to be committed.
(2) Any Revenue Officer, not below the rank of an Aval Karkun or Naib-Tahsildar,
Forest Officer not below the rank of a Range Forest Officer and Police Officr not below the
rank of a Sub-Inspector may enter upon any land, where he has reason to believe that any
tree has been or is being felled, in contravention of section 3 and seize such felled tree or
any  loppings  thereof,  together  with  its  produce  and  tools,  boats,  6[vehicles  and  other
conveyances]  used  in  committing  such  contravention,  place  on  such  property  a  mark
indicating that the same has been so seized and shall make a report of such seizure to the
7[Tree Officer empowered] under section 3.

(3) Where any property is seized under sub-section (2), the officer seizing it, shall
keep the property in his own custody, or in the custody of any of his subordinates, and
shall be responsible for the due custody thereof :
1  This  section  was  inserted  by  Mah.  26  of  1989,  s.  4.
2  This  proviso  was  added  by  Mah.  35  of  1999,  s.  4.
3  These  words  were  substituted  for  the  words  “without  obtaining  permission”  by  Mah.  31  of    1967,

s.  3.

4  These  words  were  substiuted  for  words  “Revenue  Officer”  by  Mah.  26  of  1989,  s.  5  (a).
5  These  words  were  added,  ibid.,  s.  5  (b).
6  These  words  were  substituted  for  the  words  “vehicle  or  cattle”  ibid.,  s.  6  (a)  (i).
7  These  words  were  substituted  for  the  words  “Revenue  Officer  empowered”,  ibid.,  s.  6  (a)  (ii).

4

      Maharashtra Felling of Trees (Regulation) Act, 1964

 [1964 : Mah. XXXIV

Provided that, where the property seized is subject to speedy and natural decay or
when the expense of keeping it in custody is likely to exceed its value, the officer seizing
it may sell it at once :

Provided  further  that,  where  such  property  cannot  conveniently  be  removed,  the
officer seizing it may, at the instance of the person interested in the property, leave it at
the place where it has been seized in the charge of the person interested in the property
or in the charge of any respectable person as will undertake to keep such property on his
entering into a bond with one or more sureties in an amount not less than the value of the
property, that he will take proper care of such property, and produce it when called for.

(4) If the property so seized is not ordered to be forfeited to the State Government
under section 4, that property shall be returned to the person from whom it was seized.

(5) If any claim is set up by a third person to the property seized as aforesaid, the
1[Tree Officer] empowered under section 3 shall inquire into claim and may admit or reject
it, after hearing such person in respect thereof.

Procedure  in
cases  to  be
dealt  with
under  this
Act.

2[6. Subject to the provisions of this Act and the rules made thereunder, the provi-
sions of Chapters XII and XIII of the Code shall apply in relation to cases dealt with
under this Act as those provisions apply in relation to cases of unauthorised felling of
trees dealt with under the Code.]

Award  or
penalty  or
confiscation
not  to
interfere  with
other
  punishments.

Inquiries  and
proceedings
to  be  judicial
proceedings.

Officers  to  be
public
servants.

Execution  of
order  for
payment  of
money.

Bar  of
proceedings.

7. The award of any penalty or confiscation of any property under this Act shall not
prevent the inflicting of any punishment to which the person affected thereby is liable
under any other law.

8. All inquiries and proceedings before any 1[Tree Officer] shall be deemed to be
judicial proceedings within the meaning of section 193, 219 and 228 of the Indian Penal
Code.

XLV
of
1860.

9. The officers exercising powers or discharging any duties or functions under this
Act shall be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code.

  XLV
of
1860.

10. Any sum the payment of which has been directed by any 1[Tree Officer] or State
Government under this Act shall be recorverable from the person ordered to pay the
same as an arrear of land revenue.

11. No suit or proceedings shall lie against the State Governement or against any
person empowered to exercise powers or to perform duties or discharge functions under
this Act, for anything in good faith done or purporting to be done under this Act.

1 These  words  were  substituted  for  the  words  “Revenue  Officer”  by  Mah.  26  of  1989,  s.  6  (b),  s.

7  and  s.  8,  respectively.

2 This  section  was  substituted  for  the  original  by  Mah.  17  of  1987,  s.  4.

 1964 : Mah. XXXIV]

Maharashtra Felling of Trees (Regulation) Act, 1964

5

12. Subject to such conditions (if any) as may be imposed, the State Government may,
if it is necessary so to do in the public interest, by notifiction in the Official Gazette,
exempt any local area from all or any of the provisions of this Act.

Exemp-
tion.

13. Nothing in section 3 shall apply to the felling of any tree for preventing damage to

Savings.

person or property or for abating any nuisance on one’s own land.

Provision
of  this Act
to  be  in
addition  to
any  other
law  for  the
time  being
in  force.

Power  to
make  rules.

14. The provisions of this Act shall be in addition to the provisions of any other law

for the time being in force prohibiting or regulating the felling of trees.

15. (1) The State Government may, subject to the condition of previous publication,

make rules to carry out the purposes of this Act.

(2) Eveny rule made under this section shall be laid as soon as may be, 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 in which it is so laid or 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 Gazatte, the rule shall, from
the date of such notification, have efect 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.

SCHEDULE

[See section 2 (f)]

1.

TEMINALIA CHEBULA (Hirda).

1[2.

Teak]

2[3. Madhuca Latifolia (Mahua, Mhowra or Mahu)

4.

Tamarindus Indica (Temarind, Chinch or Imli).]

3[5. Mangifera Indica (Mango)

6. Artocerpus Integrifolia (Jack)].

4[7. Acacia Catechu (Khair)]

1 Entry  2  was  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS.  1165/152115,  dated  the  19th  January  1968.

2 Entries  3  and  4  were  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS  1069/17631/B,  dated  the  27th

December  1969.

3. Entries 5 and 6 were substituted vide G. N., R. & F. D., No. TRS 1080/36954/929-G-7., dated  the

9th  January  1981.

4. Entry  7  was  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS  1169/187626-B,  dated  the  7th  December

1970.

6

      Maharashtra Felling of Trees (Regulation) Act, 1964

 [1964 : Mah. XXXIV

1[8.

2[9.

Santalum (Sandal).]

Pterocarpus marsupium (Bija).

10.

Adin cordofolia  (Haldu).

11. Ougelnia dalbergioidies (Tiwas).]

3[12.

T erminalia tomentosa (Ain).]

3[13.

Terminalia Peniculata  (Kinjal or Kindal).]

4[14. Hardwickia binata (Anjan).

15.

Syzigium cumini (Jambhul).]

3[16. Mangrove.

Explanation.—For  the  purposes  of  this  entry,  “Mangrove”  includes  Rhizophora
mucronata (Lamk), Rhizophora apiculata (Biam), Ceriops candolleana (Ara), Kandelia
rheedei (Wight), Bruguicra gymnorhiza (Lamk), Lumnitzera recemosa (Willd), Sonneratia
apetala (Buch Ham),  Sonneratia acida (Dinn), Avicenia Officinalis (Linn), Avicenia marina
(Linn), Acanthus ilicifolius, Aegiceras majus and Salvadora persica (Linn).]

1 Entry  8    was  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS.  1165/152115-B,  dated  the  15th  May  1973.

2 Entres  9,  10  and  11  were  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS.  1165/152115-B,  dated  the  9th

March  1974.

3 Entres  12,  13  and  16  were  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS.  10858/12399/G-7,  dated  the

28th  January  1987.

4 Entres  14  and  15  were  added  vide  G.  N.,  R.  &  F.  D.,  No.  TRS.  1075/4962-G-6,  dated  the  16th

January  1976.

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