Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2015

1. (1) This Act may be called the Maharashtra (Urban Areas) Preservation of Trees Act, 1975.
2. (2) It extends to the whole of the State of Maharashtra.
3. (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,—

1. (a) “ preservation of trees ” includes planting of new trees and other operations for survival and propagation of the trees ;
2. (b) “ relevant Act ” means the Act under which the urban local authority concerned is constituted ;
3. (c) “ to fell a tree ” includes burning or cutting or or in any way damaging a tree ;
4. (d) “ tree ” means any perennial woody plant, whether in the seeding or sapling stage or fully grown stage, and includes shrubs whose branches spring from the ground level ;
5. (e) “ Tree Officer ” means an officer appointed as such by the Tree Authority for the purpose of this Act ;
6. (f) “ urban area ” means a municipal corporation area for which a municipal corporation is constituted under the Bombay Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949 or the City of Nagpur Corporation Act, 1948, or a municipal area for which a Municipal Council is constituted under the Maharashtra Municipalities 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 ;
7. (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 ;
8. (h) words and expressions used in this Act, but not defined herein, shall have the meanings assigned to them in the relevant Act. (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;

(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 Official Gazette, consisting of officials not below the rank of Secretary to Government.

1. (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 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. (2) In the case of an urban local authority specified in column
3. (1) of the table below, the Chairman of its Tree Authority shall be the person specified against it in column
4. (2) thereof. [Table included in official text]
5. (3) Every Tree Authority may co-opt 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, as members of the Tree Authority, but the number of such co-opted members shall not exceed three. These members shall be co-opted in such manner and for such period as the Tree Authority may determine.
6. (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.

1. (1) The Tree Authority shall meet at least once in a fortnight at such place and time as the Chairman may decide.
2. (2) The quorum to constitute a meeting of the Tree Authority shall be one-third of the total number of its members including co-opted members, if any.
3. (3) The co-opted members shall have the right to vote at a meeting of the Tree Authority.
4. (4) Save as otherwise provided by or under this Act, the rules of procedure for the meetings of the urban authority shall mutatis mutandis apply to the meetings of the Tree Authority.

1. (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.
2. (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 officers 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. (3) Every Tree Officer shall exercise jurisdiction over the whole or such part of the urban area as the urban local authority may, from time to time, determine.

1. (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.
2. (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.

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 Maharashtra State Tree Authority shall be responsible for,—

1. (i) monitoring the functioning of the Tree Authority ;
2. (ii) protection and conservation of heritage trees across the State ;
3. (iii) [Deleted]
4. (iv) [Deleted]
5. (v) any other functions related to protection and conservation of trees.

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—

1. (a) preservation of all trees in all lands within its jurisdiction ;
2. (b) carrying out a census of the existing trees in all lands within its jurisdiction, from time to time, as may be directed by the State Government, by using new technological means such as GIS based tree census or any other modern technology ;
3. (c) prescribing standards specifying the number and types of trees which each plot of land shall have and which shall be planted therein ;
4. (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 ;
5. (e) transplanting of trees necessitated by construction of new roads or widening of existing roads or for safeguarding danger to life or property ;
6. (f) organisation of flower, fruit, vegetable, tree or plant shows and assisting private and public institutions in organising such shows, and creation of consciousness of importance of trees and vegetation to the human welfare ;
7. (g) grant of advice and technical assistance to any person seeking such advice or assistance in any matter connected with planting and preservation of trees ;
8. (h) planting and maintaining such number of trees as it considers necessary, according to the prescribed standards, on roads, in public parks and gardens and on banks of rivers or lakes or sea shores, on hills, open spaces or public places;
   • (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 ;
9. (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 ;
10. (k) ensuring utilisation of tree cess for conservation and preservation of trees ;
11. (l) carrying out any other activity as assigned by the Maharashtra State Tree Authority, from time to time ;
12. (m) deciding which tree is to be categorised as heritage tree, and enumerate heritage trees ;
13. (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. ;
14. (o) ensuring pruning and maintenance of trees is carried out in a scientific manner under expert guidance, every year ;
15. (p) ensuring that the compensatory plantation for each of the naturally fallen tree is carried out by the urban local authority ;
16. (q) undertaking any other schemes or measures for achieving the objects of this Act.

1. (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.
2. (2) If any person wishes to fell a tree, he shall apply in writing to the Tree Officer for permission in that behalf. The application shall be accompanied by a site plan, indicating the position of the tree required to be felled and the reasons therefor. Provided that, where the significant number of trees are proposed to be felled, the alternate design along with the number of trees required to be felled for respective design shall be submitted alongwith the application.
3. (3) On receipt of such application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary either grant or refuse the permission applied for : Provided that, no such permission shall be refused if, in the opinion of the Tree Officer, the tree is dead, diseased or wind-fallen, or it has silviculturally matured or it constitutes a danger to life or property or it constitutes obstruction to traffic or it is substantially damaged or destroyed by fire, lightening or torrential rain.
   • (a) [List of sub-clauses including
     • (v) specifically mention in the advertisement, if the tree to be felled is a heritage tree ; and (vi) determine the age of the tree being felled as per the criteria and method as may be notified by the Government.]
4. (4) Subject to the provisions of sub-section (5), if the Tree Authority fails to inform the applicant of his decision within forty-five days, from the date of receipt of the application by him, or if the receipt of the application has been acknowledged by him within this period, from the date of acknowledgment of the receipt of the application, the permission applied for shall be deemed to have been granted : Provided that, the provisions of this sub-section shall not be applicable in case of felling of a heritage tree. (5)
   • (a) Where permission to fell a tree is granted or deemed to have been granted under sub-section (4), the 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. The number of trees to be planted on the same site and that on other suitable place alongwith location of such suitable place shall be mentioned in the permission to be granted by the Authority. The trees shall be planted within fifteen days from the date the tree is felled, or such extended time as the Tree Officer may allow in this behalf: Provided that such extended time granted shall not exceed fifteen days.
   • (b) Tree Officer shall determine the age of the tree being felled as per the criteria and method as may be notified by the Government. (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) [Deleted] (5C) New trees planted, in lieu of the permission to fell a tree granted under sub-section (5), shall be geo-tagged and monitored using latest technologies available.
5. (6) Notwithstanding anything contained in this Act, if the number of trees proposed to be felled is twenty-five or less, in such cases all the functions and powers of the Tree Authority shall be exercised by the Municipal Commissioner of Municipal Corporation or the Chief Officer of Municipal Council or the Chief Executive Officer of the Authority as the case may be.

1. (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 as may be specified in the order.
2. (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.

1. (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 to plant twice the number of trees in place of the tree so fallen or destroyed of the same or other species at the same or other suitable place as may be specified in the order.
2. (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.

1. (1) Where an order is made by the Tree Officer under section 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 and is well preserved. 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.
2. (2) Where an order is made under section 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 by him.

Adoption of trees

1. (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. (2) Where any order is made by the Tree Officer 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 by the Tree Officer : 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.

Where the owner or occupier of any land fails to comply with any order made by the Tree Officer under section 8, 9 or 10, the Tree Officer may, after giving a reasonable opportunity to such owner or occupier of being heard, and without prejudice to any other action which may be taken against the defaulter under this Act, take the necessary action himself and recover the expenditure incurred therefor from the owner or the occupier, as the case may be. For the purpose of recovery of amount of such expenditure, the Tree Authority 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 betterment charges or other dues levied by the urban local authority under the relevant Act.

1. (1) Where any decision is given or order is made under section 8, 9 or 10 by the Tree Officer, an appeal shall lie to the Tree Authority.
2. (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. (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.

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 monies received by the Tree Authority including—

1. (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 ;
2. (b) all moneys raised by levy of a cess under Chapter VII ;
3. (c) any grants made by the State Government to the Tree Authority ;
4. (d) any moneys received by the Tree Authority as donations from any individuals, or corporate bodies or institutions.

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.

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.

1. (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. (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 Tree 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. meters (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. (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. (1B-1) Notwithstanding anything contained in sub-sections (1) and (1A) or any other provisions of the Act or any other law for the time being in force, from the 1st January 2022, the Municipal Corporation of Brihan Mumbai shall not levy and collect the Tree Cess specified in sub-section (1), in the Municipal Corporation of Brihan Mumbai area, on the residential buildings or residential tenements, having carpet area of 46.45 sq. meter (500 sq. feet) or less. (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. (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 sub-sections (1), (1A) or (1C) as the case may be.
3. (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. (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.

Notwithstanding anything contained in the relevant law or any other law for the time being in force,—

1. (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 ;
2. (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.

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.

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.

1. (1) Subject to the provisions of sub-section (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 this Act and for that purpose carry out such inspection and take such steps and use such force as may be expedient.
2. (2) Save as otherwise provided in this Act, or any rules made thereunder, no entry authorised by or under this Act shall be made—
   • (a) except between the hours of sunrise and sunset ; and (b) without the consent of the owner, occupier or person in charge of the public premises and without giving him a written notice of not less than twenty-four hours, declaring the intention to make such entry :

Penalty

1. (1) Whoever fells any tree or causes any tree to be felled in contravention of the provisions of section 8, or without reasonable excuse fails to comply with any order issued or conditions imposed by the Tree Officer or voluntarily obstructs 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 fine which may extend to an amount of valuation of tree, using methodology as may be notified by the Government but not more than one lakh rupees for each offence, and if the offence is in respect of a tree in any public premises the person concerned shall be punished also with imprisonment for a term which may extend to three months.
2. (2) All the offences under this Act shall be compoundable, with the permission of the Court.

1. (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. (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.