GOVERNMENT  OF  MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XLIV OF 1975

THE MAHARASHTRA (URBAN AREAS)
PROTECTION AND PRESERVATION OF TREES
ACT, 1975

(  As  modified  upto  the  1st  January,  2016)

*

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY
STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI–400 004.

2016

[ Price : Rs. 0.00 ]

1975 : Mah. XLIV]

(i)

THE  MAHARASHTRA  (URBAN  AREAS)  PROTECTION  AND
PRESERVATION  OF  TREES ACT,  1975
—————
CONTENTS

PREAMBLE.
SECTIONS.

CHAPTER    I
PRELIMINARY

Short  title,  extent  and  commencement.

1.
2. Definitions.

CHAPTER    II
ESTABLISHMENT AND  PROCEDURE OF TREE AUTHORITY

3. Establishment  of  Tree  Authority.
4. Meeting  of  Tree  Authority.

CHAPTER    III
OFFICERS AND  SERVANTS

5. Appointment  of  Tree  Officer.
6. Appointment  of  other  officers  and  servants.

CHAPTER    IV
DUTIES OF TREE AUTHORITY

7. Duties  of  Tree  Authority.

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

8. Restrictions  on  felling  of  trees.
Power  to  require  planting  of  adequate  number  of  trees.
9.
10.
Power  to  require  planting  of  a  tree  in  place  of  fallen  or  destroyed  tree.
11. Responsibility  for  preservation  of  trees  and  power  to  take  deposit  for  proper

compliance.
12. Adoption  of  trees.
13.

Forfeiture  of  deposit  and  recovery  of  expenditure  on  failure  to  comply  with
orders  for  planting  trees.

14. Appeals.

CHAPTER    VI
FINANCE,  BUDGET AND ACCOUNTS

Fund  of  Tree  Authority.

15.
16. Budget.
17. Accounts  and  audit.

18. Levy  and  collection  of  Tree  cess.

CHAPTER    VII
TREE  CESS

CHAPTER    VIII
MISCELLANEOUS

19.

Permission  for  development  of  land  to  be  given  with  approval  of  Tree
Officer.
Power  of  Tree  Authority  to  give  directions.
20.
20A.
Prevention  of  felling  or  destruction  of  trees.
20B Power  of  entry  for  the  purposes  of  this  Act.
21. Offence  and  penalty.
Power  to  make  rules.
22.

H  506-1

[THE  MAHARASHTRA  (URBAN AREAS)  PROTECTION AND  PRESERVATION OF TREES ACT, 1975]
[ 16th  September,  1975]

MAHARASHTRA ACT No. XLIV OF 19751

Amended by Mah.
”
”
”
”
”
”
”
”

 3 of 1977 (8-1-1977).†
”  7 of 1996  (8-1-1996)†
” 10 of 2010  (1-6-2010)†
”
” 15 of 2015

6 of 2012 $ (12-3-2012)†

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 urbanisation and industrialisation, 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 2[for  protection  and
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

Short  title,
extent  and
commence-
ment.

Definitions.

1.

(1) This Act  may  be  called  the  Maharashtra  (Urban Areas) 3[Protection  and

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.
In  this Act,  unless  the  context  otherwise  requires,—

2.

4[(1a) “prescribed”  means  prescribed  by  rules  made  under  section  22  of  this Act;]
(a) “preservation  of  trees”  includes  planting  of  new  trees  and 5[other  operations

for  survival  and  propagation  of  the  trees;]

(b) “relevant Act”  means  the Act  under  which  the  urban  local  authority

concerned  is  constituted;

(c) “to fell a tree” includes burning or cutting or 6[in any way damaging a tree;]
7[(d) “tree” means any perennial woody plant, whether in the seeding or sappling
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 8[the  Mumbai  Municipal  Corporation  Act,  the
Maharashtra  Municipal  Corporations Act,  or  a  municipal  area  within  the  meaning
of clause (24) of section 2 of the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships Act, 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 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;

1 For  Statement  of  Objects  and  Reasons, see  Maharashtra  Government  Gazette,  1975,  Part  V,  page  596.
2 These  words  were  substituted  for  the  words  “for  preservation”  by  Mah.  7  of  1996,  s.  2.
3 These  words  were  substituted  for  the  word  “preservation”  by  Mah.  7  of  1996,  s.  3.
4 Clause  (1a)  was  inserted, by  Mah.  7  of  1996,  s.  4.
5 These words  were  substituted  for the  words  “transplanting  trees  to  other  sites”  by  Mah.  3  of  1977, s.  2(a).
6 These    words    were    substituted    for    the    words  “lopping  a  tree  to  cause  substantial  damage  or

destruction  thereto”  by  Mah.  3  of  1977,  s.  2(b).

7 Clause  (d)  was  substituted  for  the  original by  Mah.  3  of  1977,  s.  2(c).
8 These  words  were  substituted  for  the  words  “the  Bombay  Municipal  Corporation Act,  the  Bombay
Provincial  Municipal  Corporation Act,  1949  or  the  City  of  Nagar  Corporation Act,  1948,  or  a
municipal  area  for  which  a  Municipal  Council  is  constituted  under  the  Municipalities Act,  1965”  by
Mah.  15  of  2015,s.2.

† This  indicates  the  date  of  commencement  of Act.
* See now,  the  Maharashtra  Municipal  Councils, Nagar  Panchayats and  Industrial  Townships Act,  1965.
$ Maharashtra  Ordinance  No.  IV  of  2012  was  repealed  by  Mah.  VI  of  2012,  s.  12.

Bom. III
of 1888.
LIX of
1949.
Mah. XL
 of 1965.
Mah.
XXXVII
of 1966.
Mah.
XXXVII
of 1966.

2

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

[1975 : Mah. XLIV

(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

Establishment
of  Tree
Authority.

3.

(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
1[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  Corporation

2[The  Commissioner]  of    the    Corpo-
ration.

2. A Municipal  Council

The  President  of  the  Council.

3. A Special    Planning      Authority      consti-
tuted    under    section  40(1)(a)    of    the
Maharashtra
Town
Planning Act,  1966.

Regional      and

4. A New      Town    Deveopement    Authority
constituted  under  section  113(2)  of  the
Maharashtra      Regional      and        Town
Planning Act,  1966.

5. A New Town      Development Authority
declared      under    section    113(3A)    of
the    Maharashtra    Regional    and    Town
Planning     Act,   1966     or     a     Special
Planning    Authority      appointed    under
section  40(1)(b)  of  that  Act.

3[The  Chief  Executive  Officer]  of  the
Special  Planning  Authority.

4[The  Chief  Executive  Officer]  of  the
New  Town  Development Authority.

The Managing Director of the Corpo-
ration or company declared to be the
New Town Development Authority.

Mah.
XXXVII
of 1966.

Mah.
XXXVII
of 1966.

Mah.
XXXVII
of 1966.

1 These  words  were  inserted  by  Mah.  7  of  1996, s.  5(a).
2 These  words  were  substituted  for  the  words  “The  Mayor”  by  Mah.  7  of  1996, s.  5(b)(i).
3 These  words  were  substituted  for  the  words  “The  Chairman”  by  Mah.  7  of  1996, s.  5(b)(ii).
4 These  words  were  substituted  for  the  words  “The  Chairman”  by  Mah.  7  of  1996, s.  5(b)(iii).

1975  : Mah.  XLIV]

Maharashtra  (Urban Areas)Protection  and

3

Preservation  of  Trees Act,  1975

(3) Every Tree Authority may 1[nominate] 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 2[such nominated members
shall not  exceed the number of  members appointed under sub- section (1) ]. These members
shall be 3[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.

4[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.]
4.

5[(1) The Tree Authority shall meet at least once every month at such place and time
as  the  Chairman  may  decide  but,  forty-five  days  shall  not  intervene  between  its  two
consecutive  meetings.]

(2) The quorum to constitute a meeting of the Tree Authority shall be one-third of the

total number of its members including 6[the nominated] members, if any.

(3) The 7[nominated]  member shall have the  right 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 meeting

of the urban authority shall mutatis mutandis apply to the meetings of the Tree Authority.

Meetings  of
Tree
Authority.

CHAPTER  III
OFFICERS AND SERVANTS

5.

(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.

Appointment
of  Tree
Officer.

(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 officer 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 8[the Tree Authority] may, from time to time, determine.

1 This  word  was  substituted  for  the  word  “co-opt”  by  Mah.  7  of  1996,  s.  5(c)(i).
2 These  words,  brackets  and  figure  were  substituted  for  the  words  “such  co-opted  members  shall  not

exceed  three”  by  Mah.  7  of  1996, s.  5(c)(ii).

3 These  words  were  substituted  for  the  words  “co-opted  in  such  manner  and  for  such  period  as  the

Tree Authority  may  determine”  by  Mah.  7  of  1996,  s.  5(c)(iii)

4 This  sub  section  was  added  by  Mah.  15  of  2015,  s.,  3.

5

S

u

b

-

s

e

c

t i o

n

( 1)  was  substituted,  by  Mah.  7  of  1996,  s.  6(a).

6 These  words  were  substituted  for  the  words  “co-opted”  by  Mah.  7  of  1996,  s.  6(b).
7 This  word  was  substituted  for  the  word  “co-opted”  by  Mah.  7  of  1996, s.  6(c).
8 These  words  were  substituted  for  the  words  “the  urban  local  authority”  by  Mah.  7  of  1996, s.  7.

 
4

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

[1975 : Mah. XLIV

Appointment
of  other
officers  and
servants.

6.

(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, the municipal council shall be competent to appoint the staff considered necessary
by it for the purposes of this Act.

Mah.
XL  of
1965.

(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

Duties  of
Tree
Authority.

7. 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) 1[protection  and  preservation]  of  all  trees  in  all  lands  within  its  jurisdiction;
(b) 2[carrying  out  a  census  of  the  existing  trees  in  all  lands  within  its  jurisdiction,

3[once  before  December  1996  and  thereafter  once  in  every  five  years]];

(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 4[or involuntarily uprooted];

(e) transplanting  of  trees  necessitated  by  construction  of  new  roads  or  widening

or  existing  roads  or  for  safeguarding  danger  to  life  or  property;

5[(f) organisation of flower, fruit, vegetable, tree or plant shows 6[at least once a year]
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 7[planting, protection and preservation]  of trees;
(h) planting and maintaining such number of trees as it considers necessary, according
to the prescribed standards, 8[along the roads,] in public parks and gardens and on banks
of rivers or takes 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

Restrictions
on  felling
of  trees.

8.

(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.

1 These  words  were  substituted  for  the  words  “preservation”  by  Mah.  7  of  1996,  s.  8(a).
2 Clause  (b)  was  substituted  for  the  original  by  Mah.  3  of  1977,  s.  3(a).
3 These  words  and  figures  were  substituted  for  the  words  “from  time  to  time,  as  may  be  directed

by  the  State  Government”  by  Mah.  7  of  1996,  s.  8(b).

4 These  words  were  added,  by  Mah.  7  of  1996, s.  8(c).
5 Clause  (f)  was  substituted  for  the  original  by  Mah.  3  of  1977,  s.  3(b).
6 These  words  were  inserted  by  Mah.  7  of  1996,  s.  8(d).
7 These  words  were  substituted  for  the  words  “planting  and  preservation”  by  Mah.  7  of  1996,  s.  8(e).
8 These  words  were  substituted  for  the  words  “on  roads”  by  Mah.  7  of  1996,  s.  8(f).
9 These  words  were  substituted  for  the  words  “sea  shores”  by  Mah.  3  of  1977, s.  3(c).
* See now,  the  Maharashtra  Municipal  Councils, Nagar  Panchayats and  Industrial Townships Act,  1965.

1975  :  Mah.  XLIV]

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

5

(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  Authority]  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[(3) (a) On  receipt  of  such  application,  the  Tree  Authority  shall  cause  the  Tree
Officer  to  personally  inspect  the  tree  and  hold  enquiry  and  submit  a  report  to  the Tree
Authority  within  a  period  of  thirty  days  from  the  date  of  receipt  of  such  application.
Adequate    public    notice  shall    be  given  by    the  Tree  Officer  by  advertising  in  local
newspapers as well as by affixing a notice on a conspicous part of the tree that is required
to be fell. Thereafter, the Tree Authority may give permission with or without conditions
or  refuse  it,  within  a  period  of  sixty  days  from  the  date  of  receipt  of  the  application.
However,  no  tree  shall  be  fell  until  fifteen  days  after  such  permission  is  given  :

Provided    that,  no  such  permission  shall  be  refused  if,  in  the  opinion  of  the  Tree
Authority,  the  tree  is  dead,  or  diseased  or  wind-fallen,  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  for  reconsideration,  and  a  decision
shall  be  taken  within  two  weeks  after  giving  a  hearing  to  the  person  who  has  raised
the  objection.

(b) A  report  of  permissions  granted  by  the  Tree  Authority  for  felling  trees  shall  be
submitted  at  least  once  in  six  months  to  the  concerned  urban  local  authority  in  whose
jurisdiction  the  Tree  Authority  is  functioning.]

5[(4) If  the  Tree  Authority  fails  to  inform  the  applicant  of  its  decision  within  sixty
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.]

(5) Where  permission  to  fell  a  tree  is  granted 6[Tree  Authority]  may  grant  it  subject
to  the  condition that  the applicant  shall  plant  another  tree  of  the  same  or  other 7[suitable
local  species]  on  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.
(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.

9.

(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.

10.

(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  he  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 8[to  plant
one  or  more  trees  of  the  local  species]  in  place  of  the  tree  so  fallen  or  destroyed  of
the same  or 9[other local  species] at the same or other suitable place  as may be specified
in  the  order.

1 These  words  were  substituted  for  the  words  “any  person  wishes”  by  Mah.  7  of  1996,  s.  9(a)(i).
2 These  words  were  substituted  for  the  words  “Tree  Officer”  by  Mah.  7  of  1996, s.  9(a)  (ii).
3 These  words  were  inserted  by  Mah.  7  of  1996,  s.  9(a)  (iii).
4 Sub-section  (3)  was  substituted  for  the  original  by  Mah.  7  of  1996,  s.  9(b).
5 Sub-section  (4)  was  substituted  for  the  original  by  Mah.  7  of  1996,  s.  9(c).
6 These  words  were  substituted  for  the  words  “Tree  Officer”  by  Mah.  7  of  1996, s.  9(d)(i).
7 These  words  were  substituted  for  the  words  “suitable  species”  by  Mah.  7  of  1996, s.  9(d)(ii).
8 These  words  were  substituted  for  the  words  “to  plant  a  tree”  by  Mah.  7  of  1996, s.  10(a).
9 These  words  were  substituted  for  the  words  “other  species”  by  Mah.  7  of  1996, s.  10(b).

Power  to
require
planting  of
adequate
number  of
trees.

Power  to
require
planting  of a
tree  in  place
of  fallen  or
destroyed
tree.

Responsibility
for
preservation
of  trees 6[and
power  to
take  deposit
for  proper
compliance].

Adoption  of
trees.

15[Forfeiture
of  deposit
and
recovery]  of
expenditure
on  failure
to  comply
with  orders
for  planting
trees.

6

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

[1975 : Mah. XLIV

(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.

11.

1[(1)] Where  an  order  is  made 2*  *  *  under  sections  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 3[and  is well  preserved and
shall  give  a  report  to  the  Tree  Officer  once  in  six  months  about  the  conditions  of  such
tree  or  trees  for  a  period  of  three  years].  It  shall  also  be  the  duty  of  such  owner  or
occupier to preserve all other trees existing on the land  on the date  of coming into force
of  this  Act  in  the  urban  area  in  which  the  land  is  situated.

4[(2) Where  an  order  is  made  under  sections  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 5[under  sections  8,  9  or  10].  The  sum  to  be  deposited  shall  not  exceed
such  amount  as  may  be  prescribed.]

12.

(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 7*  *  *  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 8[by  the Tree  Authority] :
9[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.]

13. Where  the  owner  or  occupier  of  any  land  fails  to  comply  with  any  order  made
10[under sections  8, 9 or 10, the Tree Authority or the  Tree Officers, as  the case may be,
may,]  after  giving  a  reasonable  opportunity  to  such  owner  or  occupier  of  being  heard
11[forfeit  the  deposit,  in  full  or  in  part  to  the  Tree  Authority]  and  without  prejudice  to
any  other  action  which  may  be  taken  against  the  defaulter  under  this  Act,  take  the
necessary  action 12*  *  *  and  recover  the  expenditure  incurred  therefor  from  the  owner
or the occupier, as the case may be. 13[For the purpose of recovery of the amount of such
expenditure, the Tree Authority 14[or  the Tree Officer] shall have the  same powers as are
available to the urban local authority for the purpose  of recovery of  arrears of a property
tax 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.]

1 Section  11  was  renumbered  as  sub-section  (1)  by  Mah.  3  of  1977,  s.  5(1).
2 The  words  “by  the  Tree  Officer”  were  deleted  by  Mah.  7  of  1996,  s.  11(a)  (i).
3 These  words  were substituted  for  the  words  “and  is well  preserved” by  Mah.  7  of  1996, s.  11(a)  (ii).
4 Sub-section  (2)  was  added  by  Mah.  3  of  1977,  s.  5(2).
5 These  words  and  figures  were  substituted  for  the  words  “by  him”  by  Mah.  7  of  1996,  s.  11(b).
6 These  words  were  inserted  by  Mah.  3  of  1977,  s.  5(3).
7 The  words  “by  the  Tree  Officer”  were  deleted  by  Mah.  7  of  1996,  s.  12(a).
8 These  words  were  substituted  for  the  words  “by  the  Tree  Officer” by  Mah.  7  of  1996, s.  12(b).
9 This  proviso  was  added  by  Mah.  3  of  1977,  s.  6.

1 0 These  words  and  figures  were  substituted  for  the  words  and  figures  “by  the  Tree  Officer  under

sections  8,  9  or  10,  the  Tree  Officer  may”  by  Mah.  7  of  1996,  s.  13(a).

1 1 These  words  were  inserted  by  Mah.  7  of  1996,  s.  13(b).
1 2 The  word  “himself”  was  deleted  by  Mah.  7  of  1996,  s.  13(c)
1 3 This  portion  was  added  by  Mah.  3  of  1977,  s.  7.
1 4 These  words  were  inserted  by  Mah.  7  of  1996,  s.  13(d).
1 5 These  words  were  substituted  for  the  words  “Recovery” by  Mah.  7  of  1996, s.  13(e).

1975  : Mah.  XLIV]

Maharashtra  (Urban Areas)Protection  and

7

Preservation  of  Trees Act,  1975

14.

(1) Where  any  decision  is  given  or  order  is  made  under  section 1*  *  *  9  or

Appeals.

10  by  the  Tree  Officer,  an  appeal  shall  lie  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  is  decided  against  the  appellant  and  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

15. 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  moneys  received  by  the
Tree  Authority  including—

Fund  of
Tree
Authority.

2[(a) 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,  levied  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;
(c) any  grants  made  by  the  State  Government  to  the Tree Authority;
(d) any  moneys  received  by  the Tree Authority  as  donations  from  any  individuals,

or  corporate  bodies  or  institutions;
3[(e) any  other  money  received  under  the Act  :

Provided  that,  if  the  total  receipts  of  the Tree Authority  from  all  the  sources specified
above  are  less  than  one  half  per  cent.  of  the  total  receipts  of  the  urban  local  authority,
then,  the  urban  local  authority  shall  credit  the  deficit  to  the  Tree  Authority  Fund  at
the  end  of  each  financial  year.]

16. Every Tree Authority  shall,  on  or  before  the  31st  day  of  October  every  year,
prepare  in  such  form  as  the  urban  local  authority  may  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.

Budget.

17. 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.

Accounts
and  audit.

1 The  figure  “8”  was  deleted  by  Mah.  7  of  1996,  s.  14.
2 Clause  (a)  was  substituted  for  the  original  by  Mah.  3  of  1977,  s.  8.
3 Clause  (e)  was  added  by  Mah.  7  of  1996,  s.  15.

Levy  and
collection  of
Tree  cess.

8

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

[1975 : Mah. XLIV

CHAPTER VII
TREE  CESS

18.

(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  request  by  the  Tree  Authority,  to  levy,  for  the
purposes  of  this  Act,  an  additional  tax  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.

1[(1A) Where  under  the  relevant  Act,  an  urban  local  authority  is  levying  a  property
tax  on  buildings  and  lands  on  the  Capital  value  thereof,  the  Trees  Cess  leviable  under
sub-section  (1)  shall  be  levied  at  such  rate,  not  exceeding  0.5  per  cent.  of    the  capital
value  of  such  building  and  lands,  as  the  State  Government  may,  by  notification  in  the
Official  Gazette, specify  :

Provided  that,  the  Tree  Cess  so  levied  under  this  section  shall  not  exceed,—
(i) in  respect  of  buildings  used  for  residential  premises,  two  times,  and
(ii) in  respect  of  buildings  used  for  non-residential  premises,  three  times,

the  amount  of  Tree  Cess  leviable  in  respect  thereof  in  the  year  immediately  preceding
such  date  of  adoption  of  capital  value  as  the  basis  for  assessment  of  property  tax  :
Provided  further  that,  for  the  period  of  five  years  commencing  from  the  levy  of
capital  value  as  the  basis  for  assessment  of  property  tax,  the  Tree  Cess  leviable  in
respect  of  residential  building  or  tenements  having  carpet  area  of  46.45  Sq.  metres
(500  Sq.  feet)  or  less,  shall  not  exceed  the  amount  of  Tree  Cess  levied  and  payable  in
the  year  immediately  preceding  the  year  of  such  adoption  of  capital  value  as  the  basis.
Explanation.—For  the  purposes  of  this  section,  after  the  Urban  local  authority
adopts  the  capital  value  as  the  basis  for  levy  of  property  tax,  the  Tree  Cess,  in  respect
of  any  taxable  building  shall  be  revised  after  every  five  years  and  on  each  such
revision,  such  amount  of  Tree  Cess,  shall  not  in  any  case  exceed  the  forty  per  cent.
of  the  amount  of  the  Tree  Cess  levied  and  payable  in  the  year  immediately  preceding
the  year  of  the  revision].

2[(1B) No  Tree  Cess  under  sub-section  (1)  or  (1A)  shall  be  leviable  in  respect  of  the
buildings  and  lands  or  parts  thereof  vesting  in,  or  in  the  occupation  of,  any  consul  de
carriers,  whether  called  as  a  consul  general,  consul,  vice-consul,  consular  agent,  pro-
consul  or  by  any  other  name  of  a  foreign  State  recognised    as  such  by  the  Government
of  India,  or  of  any  members  (not  being  citizens  of  India)  of  staff  of  such  officials,  and
such  buildings  and  lands  or  parts  thereof  which  are  used  or  intended  to  be  used  for
any  purpose  other  than  for  the  purpose  of  profit.

(1C) In  respect  of  the  buildings  and  lands  which  are  liable  to  be  assessed  for  the
first  time  on  or  after  the  1st  April  2010,  it  shall  be  lawful  for  the  urban  local  authority
to  issue  a  provisional  bill  for  the  payment  of  Tree  Cess,  until  the  final  capital  value
of  such  buildings  and  lands  is  determined  under  the  relevant  law,  as  if  such  buildings
and  lands  are  assessed  as  per  the  rateable  value  worked  out  on  the  basis  of  the
prescribed  letting  rates  by  the  urban  local  authority,  in  respect  of  the  official  year  2009-
2010.  On  the  determination  of  capital  value  thereof,  the  amount  of  such  cess  shall  be
determined  under  sub-section  (1A)  and  accordingly  it  shall  be  lawful  for  the  authority
to  issue  the  final  bill  in  respect  of  the  years  for  which  the  capital  value  is  determined.]
(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 3[sub-sections  (1),  (1A)  or  (1C),  as  the  case  may  be.]

1 Sub-section  (1A)  was  inserted  by  Mah.  10  of  2010,  s.  114.
2 Sub-sections  (1B)  and  (1C)  were  inserted  by  Mah.  6  of  2012,  s.  11(a)
3 These  words,  brackets,  figures  and  letters  were  substituted  for  the  words,  brackets,  figures  and  letter
“sub-section  (1)  or,  as  the  case  may  be,  under  sub-section  (1A),”  by  Mah.  6  of  2012, s.  11(b).

1975  : Mah.  XLIV]

Maharashtra  (Urban Areas)Protection  and

9

Preservation  of  Trees Act,  1975

CHAPTER VIII

MISCELLANEOUS

19. 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.

Permission
for
development
of  land  to  be
given  with
approval  of
Tree  Officer.

20. 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.

Power  of
Tree Authority
to  give
directions.

1[20A. 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.

Prevention
of  felling  or
destruction
of  trees.

20B.

(1) 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.

Power  of
entry  for  the
purposes  of
this  Act.

7[Offence
and  penalty].

3*

*

*

*

*

21.

4[(1)] Whoever  fells  any  tree  or  causes  any  tree  to  be  felled  in  contravention
of the provisions 5[of the Act] or without reasonable excuse fails to comply with any order
issued  or  condition  imposed 6[by  the  Tree  Officer  or  the  Tree  Authority  or  voluntarily
obstructs  any  member  of  the  Tree  Authority  or  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  the  fine  of  not  less  than  one  thousand  rupees  which  may
extend upto five thousand rupees for every offence and also with imprisonment for a term
of  not  less  than  one  week,  which  may  extend  upto  one  year  :

1 Sections  20A  and  20B  were  inserted  by  Mah.  3  of  1977,  s.  9.
2 This    word    was    substituted    for  the  words    “Subject  to  the  provisions  of  sub-section  (2),  it”

by  Mah.  7  of  1996,  s.  16(a).

3 Sub-section  (2)  was  deleted  by  Mah.  7  of  1996,  s.  16(b).
4 Section  21  was  renumbered  as  sub-section  (1)  by  Mah.  3  of  1977,  s.  10(1).
5 These  words  were  substituted  for  the  words  and  figure  “of  section  8”  by  Mah.  7  of  1996, s.  17(a)(i).
6 This  portion  was  substituted  for  the  portion  beginning  with  the  words  “by  the  Tree  Officer  or

voluntarily  obstructs”  and  ending  with  the  words  “to  three  months”  by  Mah.  7  of  1996, s.  17(a)(ii).

7 These  words  were  substituted  for  the  word  “Penalty”  by  Mah.  7  of  1996, s.  17(c).

10

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

[1975 : Mah. XLIV

Provided  that,  nothing  is  this    section    shall  apply  to  the  felling  of  trees  on  or  along
the    public  roads  undertaken  by  the  Public  Works  Department  of  the  State  or  Central
Government.]

1[(2) The  felling  or  causing  of  felling  of  each  tree  without  the  permission  of  the

Tree  Authority  shall  constitute  a  separate  offence.]

Power  to
make  rules.

22.

(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  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  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.

1 Sub-section  (2)  was  substituted  for  the  orginal  by  Mah.  7  of  1996,  s.  17(b).

H  506-6,982  Bks.-1.2016

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