The Maharshtra Tree Act
Simplification of - The Maharashtra (Urban Areas) Preservation of Trees Act , 1975 (Ammd. 1996)
Chapter I
Why is there any need for such an Act?
In view of growing pace of industrialization and urbanization, the idea was to make better provision the protection and preservation of trees in urban areas in the state. The Act is in place 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.
The Act covers entire state of Maharashtra
It comes into effect when State govt, notifies it via the official gazette.
Clarifications of meanings of certain terms used in the Act:
Trees are defined as a perennial woody plant – in the form of seedlings, saplings, full grown trees and shrubs (branches spring from the ground level).
What does the term “Preservation of Trees” imply?
What activity means “Felling of a Tree”?
What is an Urban Area? An urban area means a Municipal Corporation, a municipal area under the Municipal Council, any area designated as a site for a new town for which a Development Authority is constituted, and a notified area for which a Special Planning Authority is constituted.
What is the Urban Local Authority?
These are the bodies mentioned above such as Urban Areas, Municipal Corporation, Municipal Council, Development Authority or Special Planning Authority having jurisdiction over that area.
Chapter II
As soon as the Act is brought into force, the urban local authority concerned shall constitute a Tree Authority.
Who is the The Tree Authority (TA)
The TA includes Chairman and 5-15 other appointed corporators. They are appointed by the General body of the P.M.C..
The Chairman would be one of the following:
In Case of
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Municipal Corporation |
Municipal Commissioner |
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Municipal Council |
President of the Council. |
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Special Planning Authority constituted under section 40 (I) (b) of Maharashtra Regional and Town Planning Act, 1966 |
Chief Executive Officer |
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New Town Development Authority under section 113(2) of the Maharashtra Regional and Town Planning Act, 1966 |
Chief Executive Officer |
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New Town Development Authority declared under section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966 or a Special Planning Authority under section 40 (I) (b) of that Act |
Managing Director of the Corporation or Company |
Any vacancy must be filled as soon as possible.
The TA must meet once in a month atleast. At the most there can be a 45 day gap between meetings. The Quorum must be one-third of the total number of members including the nominated members.
The nominated members have the right to vote at the meeting of the TA.
Chapter III
Who are Tree Officers ?
In Pune the Chairman of the TA is therefore the
Dr. Nitin Kareer- Municipal Commisioner
The Tree Officer(s) being
Mr Yashwant Khaire - Chief garden Superintendent.
Deputy Municipal Commissioner
Joint Municipal Commissioner
Addt. Municipal Commissioner
1) Mrs Sangita Prasad Deokar (Cong. I)
253, New Khadki, Yerwada, Pune 6.
2) Mr (Adv) Ayub Sheikh (Cong. I)
34/1, Tingrenagar, Pune 32.
3) Mrs Vandana Chavan (Cong. I)
Yashodan, 212/51, Rambaug Colony,
Navi Peth, Pune 30.
4) Mr Algude Mukari Shetty (Cong. I)
Survey no –336, Old Vadaarwadi,
Pune 13.
5) Mr Anand Chajed (Cong. I)
Bopodi, Pune.
6) Mr Ulhas Bagul Vasantrao (Cong. I) Shivdarshan, Pune – 9
7) Mr Hiraman Namdeo Shinde (Cong. I)
1042, New Nana Peth,Pune – 42
8) Mrs Anupama Suresh Limaye (BJP)
D1/5, Manibandh Complex,
Hingne Khurd, Vithalwadi, Sinhagad
Road, Pune 51.
9) Mr Suhas Kulkarni (BJP) 530,
Budhwar Peth, Pune 2.
10) Mrs Mukta Shailesh Tilak (BJP)
568, Narayan Peth, Tilakwada,
Pune 30.
11) Mrs Padmaja Prakash Gole (NCP)
Kshitij, Flat No 3,
Maharastra Housing Board Colony,
12) Mr (Adv) Nilesh Narayan Nikam
(NCP)
Behind Shivaji Housing Society,
Senapati Bapat Road, Pune - 16
13) Mr Sachin Maruti Nanavane (Shiv Sena)
Bhairavnath lane, Pune – 48
14) Mr Harishchandra Dangat (alias Anna Balaso) (Shiv Sena) Vadgaon budruk,
Happy Colony, Pune - Sinhagad
Road, Pune – 41
Nominated or Co-Opted Members
1) Mr Abdul Razzak Aslam
747, Bhavani peth, Pune – 42
2) Mr Bhagwantrao Patil 149, Bopodi,
Pune – 3
3) Mr Edwin Edward Robert
280, Mangalwar peth, Pune –11
4) Mr Ramchandra Govind Tharkude
Flat no 1, Jijai Apts,
Survey no – 2, Karvenagar,
Pune – 52
5) Mr Kapildev Jitendra Gupta
A/1, Surabhi Complex, Tingrenagar,
Vishrantwadi, Pune – 15
6) Mr Kaviraj Putra Sanghelia,
422, Bhavani Peth, Pune – 2
7) Mr Vittal Dadasaheb Bhelke,
Bhelkenagar, Kothrud, Pune – 29
8) Mr Kisanrao Ganpat More
Plot no 12, Agarwal Towers,
Hadapsar, Pune – 28
9) Mr Prabhulal Nandkumar Mandora
1114/17, Gajanan Housing Society,
Shivajinagar, Pune – 16
10) Mr Ramchandra Deori Digambar
Survey no 23/4, Renuka Niwas,
Balajinagar, Dhankawadi, Pune – 43
11) Mr Devdatta alias Yogesh Bhiku Bachal
33/134, P.M.C Colony,
Janwadi, Kusalkal Statue, Pune – 16
14) Mr Gopalrao Prakash Gaedwad
990, Sadashiv peth, Pune – 30
15) Mr Shamraj Kishore Rajput
99, Ghorpadi peth, Pune – 42
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16) Mr H.A.Shah 937, Budhwar Peth,
Bohri Lane, Pune – 2
17) Mr Tukaram Raju Kadam
1187/69, Ghole road, Shivajinagar,
Pune – 5
Chapter IV
What are the duties of the Tree Authority ?
TA is responsible for the following
a) Protection and Preservation of all trees in all lands within jurisdiction.
b) Carrying out a Census of existing trees on all lands every five years
c) Prescribing standards specifying the number and type of trees each plot of land should have. In Pune, one tree is mandatory per 100 square meter area, excluding goathan area.
d) Development and maintenance nurseries for the supply of seeds, saplings of trees to those wishing to plant new or replace felled tree.
e) Transplantation of trees because of road construction or for safeguarding against danger to life and property.
f) Organising vegetable and flower shows yearly to raise consciousness about trees and vegetation for human welfare. Assisting private and public institutions in organizing such shows, and creation of consciousness of importance of trees and vegetation to human welfare.
g) Giving advice and assistance to those who seek it in any matter connected with planting, protection and preservation of trees.
h) Planting and maintenance trees as considered appropriate according to prescribed standards in public places such as along the roads, river banks, lakes, public parks and gardens.
i) Undertaking ANY schemes considered necessary for achieving objectives of the act.
Section on Restriction on Felling of Trees and Liability for Planting and Preservations of Trees. (Chapter V of the MTA)
Section One
(1) The basis of this act is that No person can fell any tree or cause any tree to be felled, whether of ownership or otherwise, in an urban area without seeking the permission of the Tree Authority.
(2) Who would this include? And How does one then go about if the need for felling a tree arises?
This would include all Pune citizens, officers of the urban local authority, state or central government officials.If a tree needs to be felled then permission to do so must be gained from the TA through an application. This application must include the description of the tree, location, a site plan and reasons for wanting the tree to be felled. There is a form available at the Garden Department’s office for the same.
(3) What is the procedure that follows thereof?
a) Within 30 days of receiving the application, a Tree Officer must personally inspect the tree, hold anenquiry and report back to the TA. Adequate public notice is to be given by the Tree Officer by advertising in the local newspapers In Pune these are done on a rotation basis by the PRO, as well as a notice must be fixed on the tree itself. The TA must give or refuse permission within 60 days from receipt of application with/without conditions. Such permission shall not be refused if, in the opinion of the TA, the tree is dead, diseased, windfallen,poses a danger to life or property, <!--[if !supportEmptyParas]-->and/or obstructs traffic. However, no tree shall be felled until fifteen days after such permission is given. If any objection is received against such permission, the matter shall be placed before the TA for reconsideration. A decision shall be taken within two weeks after giving a hearing to the person who has raised the objection.. In Pune, one can raise an objection through a written letter submitted to the Tree Officer or to the Tree Authority.
b) The TA must submit a report of permissions granted once every 6 months to the urban local authority.
The applicant must wait for a period of 60 days from the date of receipt of the application. If the TA does not inform the applicant of their decision within this period, the application shall be deemed as granted. In Pune there is not a single cases where tree felling has happened when the TA has failed to inform the applicant.
(5) What are the conditions involved when such permission is granted?
When the permission is granted, it is subject to condition that the applicant shall plant another 3 trees of the same or suitable species on the same site or another suitable place within 30 days from date on which tree is felled, or the time given by the Tree Officer. The individual is also asked to deposit Rs 2000 per tree that is felled. A periodical inspection is taken on by the staff. This amount is refunded after 2 years, if the trees are growing satisfactorily.
Section Two
(1)What if any land does not have a sufficient number of trees?
If the TA believes that the number of trees in any plot of land is insufficient according to the prescribed standards that the TA has developed, the owner or occupier may be required, after a hearing, to plants many trees as specified.
(2) Any order received by the owner/occupier should be complied with, within 90 days of the receipt of the order.
Section Three
(1) What if a tree has fallen due to natural forces?If a tree falls on a property due to natural causes (rain, fire, lightening, wind), the Tree Officer, on the basis of an enquiry and after giving reasonable opportunity to the owner/occupier of that property, may then by an order require the owner/occupier to replace the fallen tree of the same or similar species on the same or another suitable site.
(2) Any order received by the owner/occupier should be complied with, within 90 days of the receipt of the order.
Section four
(1) What are the duties of the owner/occupier/applicant in the above cases?
In all the above cases, it is considered the duty of the owner/occupier of the land, who is directed to plant a tree, to ensure that the tree grows properly, is well preserved and report twice yearly for 3 years. It is also the duty of the owner/occupier of the land to preserve all other trees on the existing land, from the date on which this Act has come into force.A written report is submitted. If the growth is satisfactory the deposit is refunded.
(2) Does the applicant have to make any payments for the same?
No, there is no payment involved but the owner/occupier may be required to deposit or specified sum of money with the Tree Officer to ensure compliance with the order.
Section five
(1) Is there any provision, which allows for the adoption of trees?
Yes, Individuals/corporate bodies/ institutions can get permission from the TA to adopt any tree for a specific period and be responsible for the tree’s maintenance and preservation.
(2) Can the applicant also seek to adopt a tree, instead of planting new trees?
Persons felling trees may adopt trees in lieu of planting more trees – the trees to be adopted must be less than a year old, and must not be less than the number of trees required to be planted. The person shall be responsible for the maintenance and preservation for a period specified by the TA. In Pune there are many such instances.
Section six
What are the steps taken by the TA, when the orders are not complied with?
Failure to comply with TA orders ends in forfeit of deposit in full or part. In addition TA can recover the expenditure incurred by it for processing the case, from the owner/occupier. For the purpose of recovery of this amount, the TA shall have same powers as the urban local authority for the purpose of recovery of arrears of a property tax/betterment charges or other duties levied by the urban local authority under the relevant Act.
Section seven
Can there be appeals against the orders made under section two and three?
Those ordered to act in specified ways under section 2 and 3, by the Tree Officer may appeal to the TA within 15 days of receipt of order – appeals must be decided by the TA within 60 days of receipt. The TA’s decisions shall be final and not questionable in any court of law.
Finance, Accounts and Budgets
Funds of the TA
The urban local authority shall create a separate, Tree Authority Fund, to credit all the monies received by the TA which include:
Contribution by the urban local authority from its income, from taxes/betterment charges, or from income derived by it through the sale of plots. Rate of contribution shall be such specified by the State govt., from time to time, be a general or special order.
Monies raised by a levy of cess under chapter VII.
Grants from the state govt. to the TA.
Money received by the TA as donations.
Money received under the Act.
Budget of the TA
The TA shall, on or before the 31st Oct of every year, prepare an annual budget estimate and submit it to the PMC for inclusion in the regular PMC budget.
Accounts and Audit
The procedure applicable to the urban local authority shall also apply to the audit of the accounts of the TA/
Levy and Collection of the Tree Cess
If the urban local authority is levying a property tax on buildings and lands, then on request of the TA, it shall be lawful for such authority to levy an additional tax called “The Tree Cess” on the buildings and land but not exceeding one per cent of the rate able value of the property.
In Pune a Tress Cess of one percent is charged.
Chapter VIII
Land development Permission
Any authority of the urban local authority, who is empowered to give permission for development of land, shall do so with the approval and subject to the conditions, if any, imposed by the Tree Officer with respect to the preservation or plantation of trees on such land.
Building completion or occupation certificates may be withheld if the developer has not fulfilled conditions agreed for land development.
Power of the TA to give directions:
The TA may from time to time, give the Tree Officer and other officers directions to carry out effectively the Act.
Prevention of felling or destruction of trees :
Tree Officer or any other police officer may take steps and use force to prevent felling or the destruction of trees.Tree Officers, or any officer authorized by him/TA, may enter any public premises to ensure that the Act is complied with.
Offence and Penalty:
Offenders against the Act may be fined between 1000 to 5000 Rs. for every offence and also with the imprisonment of a term of not less than one week, which may extend upto one year. This however does not apply to work on public roads undertaken by the Public Works Department of the State or Central Govt.
Tree Officers are appointed by the Tree Authority for the purpose of this act.
