[9 OF 2021] [16 July 2021] An Act further to
amend the Maharashtra (Urban Areas) Protection and Preservation of Trees Act,
1975. Whereas it is
expedient to amend the Maharashtra (Urban Areas) Protection and Preservation of
Trees Act, 1975, for the purposes hereinafter appearing; it is hereby enacted
in the Seventy-second Year of the Republic of the India as follows :- This Act may be
called the Maharashtra (Urban Areas) Protection and Preservation of Trees
(Amendment) Act, 2021. In section 2 of
the Maharashtra (Urban Areas) Protection and of Preservation of Trees Act, 1975
(hereinafter referred to as "the principal Act"), - (1)
clause (1a) shall be re-numbered as clause (laa); (2)
before clause (1aa) as so re-numbered, the following clause shall be
inserted, namely:- "(1a)
"heritage tree" means a tree categorised as such by the Tree
Authority, in accordance with the norms as may be notified by the
Government;". In section 3 of
the principal Act,- (1) before
sub-section (1), the following sub-section shall be inserted, namely
:-"(A-1) As soon as may be, after the commencement of the Maharashtra
(Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2021, the
State Government shall constitute the Maharashtra State Tree Authority, by
notification in the Ofßcial Gazette, consisting of officials not below the
rank of Secretary to Government."; (2) in sub-section
(2), in the table, in entry 2, in column (2), for the words "The President
of the Council" the words "The Chief Officer of the Council"
shall be substituted ; (3) in sub-section
(3), for the words "representatives of non-official organisations, who
have special knowledge or practical experience in the field of planting and
preservation of trees," the words "experts from non-official
organisations including retired Government Officials, with an experience in
planting, preservation and conservation of trees, for minimum period as may be
notified by the Government, from time to time," shall be substituted. In Chapter IV of
the principal Act, before section 7, the following section shall be inserted,
namely :- "6A. Duties of Maharashtra State
Tree Authority. Notwith standing 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 Maharashtra State Tree
Authority shall be responsible for,- (i)
monitoring the
functioning of the Tree Authority ; (ii) protection and conservation of heritage
trees across the State ; (iii)
decide applications referred to it by the Tree Authority, regarding
felling of more than two hundred trees of age five years or more : (iv)
decide applications referred to it by the Tree Authority, regarding
felling of heritage trees ; (v) any other functions related to protection
and conservation of trees.". In section 7 of the principal Act,- (1) in clause (b),
after the words "every five years" the words "by using new
technological means such as GIS based tree census or any other modern
technology" shall be added ; (2) for clause (i), the following clauses
shall be substituted, namely :- "(i)
planting number of trees of the same variety or any other local or native
variety, in such number equal to the age of the tree being transplanted and
carry out such transplantation under the expert guidance only ; (j)
ensuring that compensatory plantation is carried out and survival of
trees, including the compensatory plantation, in all lands within the
Jurisdiction of the urban local authority ; (k)
ensuring utilisation of tree cess for conservation and preservation of
trees ; (l)
carrying out any other activity as assigned by the Maharashtra State
Tree Authority, from time to time ; (m)
deciding which tree is to be categorised as heritage tree, and
enumerate heritage trees; (n)
ensuring that the land owned by the urban local authority or land
owned by the Government is earmarked for the purpose of plantations and ensure
such plantations shall be scientific in nature and should be carried out with
an objective to preserve local species and improve green cover of the area, to
the extent of not less than 33 per cent. ; (o)
ensuring pruning and maintenance of trees is carried out in a
scientific manner under expert guidence, every year; (p)
ensuring that the compensatory plantation for each of the naturally
fallen tree is carried out by the urban local authority ; (q)
undertaking any other schemes or measures for achieving the objects of
this Act.". In section 8 of the principal Act,- (1)
in sub-section (2), the following proviso shall be added, namely :- Provided that,
where the significant number of trees are proposed to be felled, the alternate
design alongwith the number of trees required to be felled for respective
design shall be submitted alongwith the application."; (2)
in sub-section (3),- (a) in clause (a),- (i)
in sub-clause (iii) the word "and" shall be deleted ; (ii) after sub-clause (iv), the following
sub-clauses shall be added, namely :- (iii)
specifically mention in the advertisement, if the tree to be felled is
a heritage tree ; and (iv)
determine the age of the tree being felled as per the criteria and
method as may be notified by the Government."; (b) after clause (a-1), the following
provisos shall be added, namely :- Provided that,
where more than two hundred trees of age five years or more are proposed to be
felled, in such cases, the Tree Authority shall refer the matter to the
Maharashtra State Tree Authority with its report and recommendations: Provided further
that, where the tree proposed to be felled is a heritage tree, in such cases,
the Tree Authority or Tree Officer, as the case may be, shall refer the matter
to the Maharashtra State Tree Authority with its report and recommendations: Provided also
that, the Tree Authority or Tree Officer, as the case may be, shall ensure that
the development of land or any other project is not sub-divided in smaller
parts so as to keep the number of trees to be felled below two hundred."; (3)
?in sub-section (4), the
following proviso shall be added, namely :- "Provided
that, the provisions of this sub-section shall not be applicable in case of
felling of a heritage tree."; (4)
in sub-section (5),- (a)
sub-section (5) shall be re-numbered as clause (a); (b)
in clause (a), as so re-numbered, for the words "the applicant
shall plant twice the number of trees to be felled" the words
"applicant shall plant such number of trees equal to the estimated age of
the tree being felled and such trees to be planted shall be of atleast six feet
height," shall be substituted; (c)
after clause (a), as so re-numbered, the following clause shall be
added, namely :- (d)
Tree Officer shall determine the age of the tree being felled as per
the criteria and method as may be notified by the Government.": (5)
after sub-section (5), the following sub-sections shall be inserted,
namely :- "(5A) The applicant and the Tree Authority
or Tree Officer shall ensure that, compensatory plantation shall be carried out
and the trees planted shall survive for a minimum period of seven years. It
shall also be ensured that, the tree mortality during this period shall be
compensated by planting equal number of new trees: Provided that, in
case it is not possible for applicant to do the compensatory plantation, the
applicant shall deposit an amount not less than valuation of trees being
felled. Such valuation shall be based on methodology as may be notified by the
Government: Provided further
that, such amount deposited shall be utilized only for the purpose of
compensatory plantation, its preservation and compensatory plantation in lieu
of the tree mortality during this period. (5B) (a) The Tree Authority shall refer the
application received for felling of more than two hundred trees of age five years
or more to the Maharashtra State Tree Authority. (b)
The Tree Authority or Tree Officer, as the case may be, shall refer the
application to fell a heritage tree to the Maharashtra State Tree Authority. (c)
The Maharashtra State Tree Authority shall either allow the application referred
to it under clauses (a) and (b), by the Tree Authority or Tree Officer, as the
case may be, with or without conditions or may refuse it within a period of
forty-five days from the date of receipt of the reference from the Tree
Authority or Tree Officer, as the case may be. (d)
Where the Maharashtra State Tree Authority allows felling of trees, the Tree
Authority if considers it necessary to review the decision of the Maharashtra
State Tree Authority, it may within a period of fifteen days from the date of
communication of the decision, request the Maharashtra State Tree Authority to
reconsider the decision with reasons therefor. Such request shall be decided by
the Maharashtra State Tree Authority within ten days thereafter. (5C) New trees planted, in lieu of the permission
to feil a tree granted under sub-section (5), shall be geo-tagged and monitored
using latest technologies available.". In section 18 of
the principal Act, after sub-section (2), the following sub-section shall be
added, namely :- "(3) Tree
cess collected under the provisions of this section shall be utilised by the
urban local authority in such manner as may be directed by the Government, from
time to time. (4)
The State Government may, issue directions and determine different
criteria for utilisation of cess, for different urban local authorities,
considering the area of existing green cover and assessment of the need of the
area for preservation and conservation of trees.". In section 21 of
the principal Act, in sub-section (i), for the words "not less than one
thousand rupees which may extend upto five thousand rupees" the words
"an amount of valuation of tree, using methodology as may be notified by
the Government but not more than one lakh rupees" shall be substituted.Maharashtra
(Urban Areas) Protection And Preservation Of Trees (Amendment) Act, 2021