(M.P. Act No. 20 of 2001) [26th September, 2001] An Act to make
better provision for regulation of felling of trees for the purpose of
preservation and replanting of trees in urban areas of Madhya Pradesh. Be if enacted by the
Madhya Pradesh Legislature in the Fifty-Second Year of the Republic of India as
follows :- (1)
This Act may be
called the Madhya Pradesh Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam,
2001. (2)
It extends to the
whole of the State of Madhya Pradesh. (3)
li shall come into
force in all urban areas from the dale of the publication in the official
gazette. In this Act, unless
the context otherwise requires,- (a)
"Appointing
Authority" means an authority appointed by the State Government as
appellate authority under this Act; (b)
"Tree" means any woody
plant, whose branches spring from and are supported upon a trunk or body and
whose trunk or body is not less than 30 centimetres in girth at ground level
and is not less than 2 metres in height from the ground level; (c)
"To fell a tree" with
its cognate expression means severing the trunk from the roots, up-rooting the
tree and includes bulldozing, cutting, girdling, lopping, polarding, applying
poisonous substance, burning or damaging a tree in any other manner; (d)
"Tree Officer" means an
officer appointed as such by the State Government for the purpose of this Act; (e)
"Urban area" means all
places within a Municipal Corporation/ Municipality/Cantonment Board or Nagar
Panchayat; (f)
Words and expressions used in this Act
and defined in the Indian Forest Act, 1927 hut not defined in this Act shall
have the meanings respectively assigned to them in that Act. Notwithstanding any
custom, usage, contract or local-law for the time being in force, no person
shall without permission under the provision of this Act fell any tree or cause
any tree to be felled in any land, whether of his ownership or otherwise,
situated within the urban area. The State Government
may appoint one or more forest officers of the rank not below that of a
Gazetted Forest Officer, Commissioner, Municipal Corporation or Chief Municipal
Officer as "Tree Officer" for the purposes of this Act, for each
Urban Area. The State Government
may, from time to time, appoint such other officers and employees of Forest
Department or Local Authority as may be considered necessary who shall be
subordinate to the Tree Officer. (1)
Any person desiring
to fell or remove or otherwise dispose of, by any means, a tree, shall make an
application to the concerned Tree Officer for permission in such form and
containing such particulars and accompanied by such documents as may be
prescribed. (2)
On receipt of the
application, the Tree Officer shall acknowledge the application and may by
order after inspecting the tree and holding such enquiry, as he may deem
necessary, either grant permission in whole or in part or refuse permission for
reasons to the recorded in writing, within 30 days from the date of receipt of
the application ; Provided that no
permission shall be granted to any person from the same area on more than two
occasions during the same year : Provided further
that no permission shall be refused if the tree- (i)
is dead, diseased or wind fallen; or (ii)
constitutes a danger to life and
property; or (iii)
is substantially damaged or destroyed
by lire, lighting, rain or other natural causes; or (iv)
constitutes an obstruction to traffic
or if necessary for maintenance of power/telephone lines etc. (3)
The permission
granted under sub-section (2) may by subject to the condition that the
applicant shall plant another tree or trees of the same or other suitable
species on the same site or premises, and where this is not possible make such
contribution as may be prescribed, within thirty days from the date the tree is
felled or within such extended period as the Tree Officer may allow. (4)
If the Tree Officer
fails to communicate the decision within the period specified under sub-section
(2) the permission applied for shall be deemed to have been granted. It shall be the duty
of the applicant to comply with the order made under sub-section (3) of Section
6 and to ensure that the tree or trees grow well and are well preserved. (1)
Every person who is
under an obligation to plant trees under an order made under Section 6 shall
start preparatory work within thirty days of the date of receipt of the order
or directions, as the case may be and shall plant trees in accordance with such
order or directions in the ensuing or following rainy season or within such
extended time as the Tree Officer may allow and shall provide adequate and
effective protection to the trees that are planted in the land or the area from
any damage. (2)
In case of default
by such person, the Tree Officer may cause trees to be planted and may recover
the cost of plantation from such person as an arrear of land revenue. (1)
The State Government
may by notification, specify the authorities who shall be the appellate
authorities for the purposes of this Act. (2)
When any decision is
given or order is made under Sections 6 and 7 by the Tree Officer, any person
aggrieved by that order of Tree Officer, may appeal to the appellate authority
within a period of thirty days of passing such order or direction by the Tree
Officer. (3)
The appellate
authority shall decide the appeal within sixty days from the dale of its
receipt, alter giving reasonable opportunity to the appellant of being heard. Where the Tree
Officer or any Forest Officer has reasons lo believe that an offense under this
Act has been committed in respect of any tree, he may seize the tree or part
thereof which has been severed from the ground or the trunk, as the case may
be, alongwith the tools and implements used for felling. When the seizure is
made by forest officer he will forward the case to the Tree Officer for further
action. The Tree Officer may
release the property seized under Section 10, if the owner of the land executes
a bond in such form as may be prescribed for its production whenever required. (1) All timber or fuel-wood which is not the
property of the State Government and in respect of which an offense has been
committed under this Act, and all animals, tools, boats, vehicles, ropes, chain
or any other articles used in committing such offense, shall subject to provisions
of Sections 9, 11 and 17, he liable to confiscation upon conviction of the
offender for such offense. Such confiscation
may be in addition to any other punishment prescribed for such offense. (2) Any timber produced from the tree, tools and
implements etc. and any boats, animals or other conveyance confiscated under
sub-section (1) shall he disposed of by the Court in such manner as may be
prescribed. (1) If the person committing an offense under this
Act is an organization, the organization as well as every person-in-charge of
and responsible to the organization for the conduct of its business at the time
of the commission of the offense shall be deemed to be guilty of the offense
and shall be liable to he proceeded against and punished accordingly : Provided that
nothing contained in this sub-section shall render any such person liable to
any punishment if he proves that the offense was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offense. (2) Notwithstanding anything contained in
sub-section (1) where an offense under this Act has been committed by an
organization and it is proved that the offense has been committed, with the
consent or connivance of, or is attributable to any neglect on the part of its
Head of Office/Unit, Secretary, Treasurer, Director, Manager or other officer
of the Organization, such Head of Office/Unit, Secretary, Treasurer, Director,
Manager or other officer of the organization shall also be deemed to be guilty
of that offense and shall he liable to be proceeded against and punished
accordingly. Every Tree Officer
or his subordinate or any Forest, Revenue or Police Officer shall prevent and may
intervene for the purpose of preventing the commission of any offense under
this Act. (1)
The State Government
may, by notification, authorize a Tree Officer or any Forest Officer not below
the rank of a Divisional Forest Officer, to accept from any person against whom
there is reason to believe that he has committed offense under this Act in
respect of any tree, such sum of money as may be prescribed by way of
composition for the offense which such person is suspected to have committed. (2)
On the payment of
such sums or such value or both as the case may be, to such officer the
property seized and the offender, if in custody, shall be released and no
further proceeding shall be taken against such offender or property. It shall be the duty
of every Forest Officer, public servant or any person to give immediate
information coming to his knowledge, if any contravention of Section 3 and of
preparation to commit such contravention to the Tree Officer. Any sum, the payment
of which has been directed to be made by any person under this Act shall,
without prejudice to any other mode of recovery under any law for the time
being in force, be recoverable from him as arrear of land revenue. Whoever fells any
tree or causes any tree to be felled in contravention of any provision of this
Act or Rules or order made thereunder shall, on conviction be punished with
imprisonment which may extend to two years or with line which may extend to
fifty thousand rupees or with both. The line, if not deposited within the
prescribed time limit, will be recoverable as arrears of land revenue. Every person
exercising power or discharging any duties or functions under this Act shall be
deemed to be public servants within the meaning of Section 21 of Indian Penal
Code, 1860 (No. 45 of 1860). No suit, prosecution
or other legal proceedings shall lie against the Slate Government or any person
empowered to exercise power or to perform duties or discharge functions under
this Act for anything done or purporting to be done or omitted to be done in
good faith under this Act or the rules and orders made thereunder. (1)
The State Government
may, in the interest of general public, declare by notification that any class
of trees shall not be felled for such period as is specified in that
notification. (2)
The management of
such trees shall be regulated in the prescribed manner. The State Government
may by notification invest the Tree Officers and other officer with all or any
of the following powers, namely :- (a)
Power to enter upon any land to survey,
demarcate and make a map of the same; (b)
Power to hold enquiries into offense
under the Act and in the course of such enquiry to receive and record evidence. The provisions of
Sections 41 and 42 of Indian Forest Act, 1927 (No. 16 of 1927)
shall mutatis mutandis, apply to the transit of the felled trees under
this Act. (1)
The State Government
may, by notification, make rules to carry out the purposes of this Act. (2)
All rules made under
this Act shall be laid on the table of the Legislative Assembly.Madhya
Pradesh Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001
Section 1.
Short title, extent and commencement
Section 2.
Definitions
Section 3.
Restriction on felling of tress
Section 4.
Appointment of Tree Officer
Section 5.
Appointment of other officers
Section 6.
Procedure for obtaining permission to fell, cut, remove or dispose of a tree
Section 7.
Preservation of trees
Section 8.
Implementation of order made under Section 6
Section 9.
Appeal
Section 10.
Seizure of property
Section 11.
Power to release property seized under Section 10
Section 12.
Timber/Fuelwood, tools etc., when liable to confiscation
Section 13.
Offense by organizations
Section 14.
Power to prevent commission of offense
Section 15.
Power to compound offense
Section 16.
Contravention of Act to be reported by certain persons
Section 17.
Execution of order for payment of Money
Section 18.
Penalty
Section 19.
Persons under this Act to be Public Servants
Section 20.
Protection of action taken in good faith
Section 21.
Power of State Government for Preservation of Trees
Section 22.
Investing Tree Officer with certain powers
Section 23.
Transit to felled material
Section 24.
Power to make rules