LexThe Maharashtra Felling of Trees (Regulation) Act, 1964
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1964 : Mah. XXXIV] 1
THE MAHARASHTRA FELLING OF TREES
(REGULATION) ACT, 1964
[Text as on 15th July 2024]
_______________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and extent.
2. Definitions.
3. Restriction on felling of trees.
3A. Powers of Tree Officer to order planting of trees.
4. Penalty for felling trees in contravention of section 3.
5. Contravention of section 3 to be reported by certain officers.
6. Procedure in cases to be dealt with under this Act.
7. Award of penalty or confiscation not to interfere with other punishments.
8. Inquiries and proceedings to be judicial proceedings.
9. Officers to be public servants.
10. Execution of order for payment of money.
11. Bar of proceedings.
12. Exemption.
13. Savings.
14. Provisions of this Act to be in addition to any other law for the time being in force.
15. Power to make rules.
SCHEDULE
2 The Maharashtra Felling of Trees [1964 : Mah. XXXIV
(Regulation) Act, 1964
1964 : Mah. XXXIV] The Maharashtra Felling of Trees 3
(Regulation) Act, 1964
LIST OF AMENDMENT ACTS
1. Amended by Mah. 31 of 1967 (11-12-1967)
2. Amended by Mah. 19 of 1969 (14-04-1969)
3. Amended by Mah. 17 of 1987 (21-07-1987)
4. Amended by Mah. 26 of 1989 (07-08-1989)
5. Amended by Mah. 35 of 1999 (14-06-1999)
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Felling of Trees [1964 : Mah. XXXIV
(Regulation) Act, 1964
1964 : Mah. XXXIV] The Maharashtra Felling of Trees 5
(Regulation) Act, 1964
MAHARASHTRA ACT No. XXXIV OF 19641
[THE MAHARASHTRA FELLING OF TREES (REGULATION) ACT, 1964.]
[This Act received the assent of the Governor on the 4th September 1964;
assent was first published in the Maharashtra Government Gazette, Part-IV, on
the 7th September 1964.]
An Act to make better provision for regulating the felling of certain trees in
the State of Maharashtra, for the purpose of the preservation thereof.
WHEREAS, it is expedient to make better provision for regulating the felling of certain trees in
the State of Maharashtra, for the purpose of the preservation thereof, and for the protection of the soil
against erosion and to provide for mat ters connected therewith ; It is hereby enacted in the Fifteenth
Year of the Republic of India as follows, namely :—
1. Short title and extent. — (1) This Act may be called the Maharashtra Felling of Trees
(Regulation) Act, 1964.
(2) It extends to the whole of the State of Maharashtra but excluding an urban area.
2. Definitions.— In this Act, unless the context otherwise requires,—
2[(a-1) “artificial plantation” means planting of minimum 100 seedlings of tree species per
hectare through artificial means or by human agency on any land not being the property of
Government ; ]
3[(a) “Code” means the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966) ;]
4[(b)] “Collector” includes a Revenue Officer appointed by the State Government to
exercise the powers and perform the functions of the Collector under this Act ;
5[(c)] “Forest Officer” means a Forest Officer within the meaning of the Indian Forest Act,
1927 (XVI of 1927) ;
6[* * * * *]
(d) “Revenue Officer” means a Revenue Officer within the meaning of the 7[Code] ;
(e) “to fell a tree” includes burning or cutting or lopping a tree to cause substantial damage
or destruction thereto ;
(f) “tree” means any tree specified in the Schedule ; and the State Government may, by
notification in the Official Gazette, add to or modify the Schedule, after considering the necessity
for the protection of any variety of trees; and the provisions of sub -section (2) of section 15 in so
far as they relate to laying before, and modification by the State Legislature shall apply in relation
to such notification as they apply in relation to any rule made under that section ;
8[(ff) “Tree Officer” means a ‘Forest Officer’ not below the rank of a Range Forest Officer;]
(g) “Urban area” means the area within the limits of a municipality, municipal corporation,
Municipal Committee, Town Committee, or notified area committee, or Cantonment constituted
under any law for the time being in force ; and includes a local area which is specified by the
State Government in the Official Gazette, being an area which has a population of not less than
1 For Statement of Objects and Reasons of the L.A. Bill No. XXXIV of 1964, see Maharashtra Government Gazette 1964,
Part V, Extraordinary No. 44, dated the 11th July 1964, p.197.
2 Clause (a-1) was inserted by Mah. 35 of 1999, s. 2.
3 Clauses (a) and (b) were re-lettered as clauses ( b) and (c) and before clause ( b) as so re -lettered clause (a) was inserted
by Mah. 17 of 1987, s. 2(a).
4 Clauses (a) and (b) were re-lettered as clauses ( b) and (c) and before clause ( b) as so re -lettered clause (a) was inserted
by Mah. 17 of 1987, s. 2(a).
5 Clauses (a) and (b) were re-lettered as clauses ( b) and (c) and before clause ( b) as so re -lettered clause (a) was inserted
by Mah. 17 of 1987, s. 2(a).
6 Existing clause (c) was deleted by Mah. 17 of 1987, s. 2 (b).
7 This word was substituted for the words “relevant Code” by Mah. 17 of 1987, s. 2 (c).
8 Clause (ff) was inserted by Mah. 26 of 1989, s. 2.
6 The Maharashtra Felling of Trees [1964 : Mah. XXXIV
(Regulation) Act, 1964
five thousand and has not less than three -fourths of male workers engaged in non -agricultural
pursuits ;
(h) words and expressions used but not defined in this Act shall have the meanings,
respectively, assigned to them in the 1[Code.]
3. Restriction on felling of trees. — (1) Notwithstanding any custom, usage, or law for the time
being in force, or the decree or order of a Court, or anything contained in any instrument to the
contrary, no person shall fell any tree or cause such tree to be felled in any land, whether of his
ownership or otherwise, except with the previous permission in writing of a 2[Tree Officer] duly
empowered by the State Government in that behalf 3*.
4[(1A) If any person wishes to fell a tree, he shall apply in writing to the 5[Tree Officer]
empowered under sub-section (1) for permission in that behalf.
(1B) The 6[Tree Officer] on receipt of an application—
(a) shall acknowledge the application within seven days ;
(b) may, after due enquiry, either grant or refuse the permission, applied for in accordance
with the provisions of rules made under section 15 :
Provided that, no such permission shall be refused if the tree is dead, diseased or windfallen, or if
it has silviculturally matured, 7[or if it constitutes obstruction to traffic, or if it is substantially damaged
or destroyed by fire, lightning, rain, or other natural causes,] or if it constitutes an obstruction to
efficient cultivation :
8[Provided further that such permission shall be granted subject to the condition that the applicant
shall plant equal number of trees of the same or any other species as the Tree Officer may direct on the
same site or other suitable place in the vicinity in the ensuring planting season ;]
9[(1Ba) Notwithstanding anything contained in sub -section ( 1B), but subject to the rules made
under section 15 in this behalf, the Tree Officer shall not refuse the application made under sub-section
(1A) for carrying out silvicultural operations like thinning or felling of trees scientifically for optimum
growth of an artificial plantation.]
(1C) If the 10[Tree Officer] fails to inform that applicant of his decision within 11[sixty days] from
the date of acknowledgement of the application, or from the date of receip t of the application, if the
application is not acknowledged, the permission applied for shall be deemed to have been granted.]
(2) Any person aggrieved by an order of the 12[Tree Officer] refusing to grant permission under
13[sub-section ( 1B)] may, within thirty days of the receipt of such order, appeal to the Collector.
Subject to such rules of procedure as may be prescribed, the Collector may, after giving such person a
reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper.
1 This word was substituted for the words “relevant Code” by Mah. 17 of 1987, s. 2(d).
2 These words were substituted for the words “Revenue Officer not below the rank of the Deputy Collector” by Mah. 26
of 1989, s. 3(a).
3 The portion beginning with the words “and in accordance with the provisions of rules” and ending with the words “or if
it constitutes an obstruction to efficient cultivation” was deleted by Mah. 31 of 1967, s. 2(a).
4 Clauses (1A) to (1C) were inserted by Mah. 31 of 1967, s. 2(b).
5 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 3(b), ( c)(i), ( d) ( i) and ( e) ( i),
respectively.
6 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 3(b), ( c)(i), ( d) ( i) and ( e) ( i),
respectively.
7 These words were added by Mah. 26 of 1989, s. 3 (c) (ii).
8 The proviso was added by Mah. 26 of 1989, s. 3(c) (iii).
9 This sub-section was inserted by Mah. 35 of 1999, s. 3.
10 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 3(b), (c)(i), (d) ( i) and ( e) ( i)
respectively.
11 These words were substituted for the words “ninety days” by Mah. 26 of 1989, s. 3 (d) (ii).
12 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 3(b), (c)(i), (d) ( i) and ( e) ( i)
respectively.
13 These words, brackets, figure and letter were substituted for the words, brackets and figure “sub -section (1)” by Mah. 26
of 1989, 3(e)(ii).
1964 : Mah. XXXIV] The Maharashtra Felling of Trees 7
(Regulation) Act, 1964
1[3A. Power of Tree Officer to order planting of trees. — (1) If in the opinion of the Tree
Officer the number of trees in any land (other than the land falling in any permanent drought -prone
area identified by the State Government) is not adequate according to the standards prescribed by rules
made under section 15, the Tree Officer may, by order, after giving a reasonable opportunity to the
owner or occupier of the land of being heard, require him to plant such trees or additional trees, as the
case may be, at such places in the land as may be specified in the order ; and the owner or occupier of
the land shall comply with the order by planting such trees or additional trees in the ensuing planting
season :
2[Provided that, nothing in sub-section (1) shall apply to an artificial plantation.]
(2) It shall be the duty of the owner or occupier of the land who is required by an order made
under sub-section (1) to plant a tree or trees to ensure that they grow properly and are well preserved.
(3) Where the owner or occupier fails to comply with an order made under sub -section (1) the
Tree Officer may, after giving a reasonable opportunity to such owner or occupier of making
representation and without prejudice to any other action which may b e taken against the defaulter
under this Act take necessary action himself and recover the expenditure incurred therefor from the
owner or occupier, as the case may be, after giving a notice of demand for the amount payable by him.
If the amount is not pai d within the time specified by the Tree Officer in the notice, it shall be
recovered along with interest at six per cent. per annum and other incidental expenses, if any.]
4. Penalty for felling trees in contravention of section 3. — Any person who, 3[without
permission being granted or deemed to have been granted] to fell any tree, fells any such tree or causes
it to be felled, shall be liable to such penalty not exceeding one thousand rupees as the 4[Tree Officer]
empowered under section 3 may, after hol ding an enquiry and giving such person an opportunity of
being heard, deem fit to impose; and the 5[Tree Officer] may further order that any such tree so felled
(which is not the property of Government) shall be forfeited to the State Government 6[along with the
tools, boats, vehicles or other conveyances used in felling and removing any such tree.]
5. Contravention of section 3 to be reported by certain officers.— (1) Every Revenue Officer,
Forest Officer and Police Officer shall be bound,—
(a) to give immediate information of any contravention of section 3 to the officer
empowered under that section and of the intention or preparation to commit such contravention
which may come to his knowledge ;
(b) to take all reasonable measures in his power to prevent such contravention which he may
know or have reason to believe is about or likely to be committed.
(2) Any Revenue Officer, not below the rank of an Aval Karkun or NaibTahsildar, Forest Officer
not below the rank of Range Forest Officer and Pol ice Officer not below the rank of a Sub -Inspector
may enter upon any land, where he has reason to believe that any tree has been or is being felled, in
contravention of section 3 and seize such felled tree or any loppings thereof, together with its produce
and tools, boats, 7[vehicles and other conveyances] used in committing such contravention, place on
such property a mark indicating that the same has been so seized and shall make a report of such
seizure to the 8[Tree Officer empowered] under section 3.
(3) Where any property is seized under sub -section ( 2), the officer seizing it, shall keep the
property in his own custody, or in the custody of any of his subordinates, and shall be responsible for
the due custody thereof :
1 This section was inserted by Mah. 26 of 1989, s. 4.
2 This proviso was added by Mah. 35 of 1999, s. 4.
3 These words were substituted for the words “without obtaining permission” by Mah. 31 of 1967, s. 3.
4 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 3(b), (c)(i), (d) ( i) and ( e) ( i)
respectively.
5 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 5(a).
6 These words were added by Mah. 26 of 1989, s. 5(b).
7 These words were substituted for the words “vehicle or cattle” by Mah. 26 of 1989, s. 6(a)(i).
8 These words were substituted for the words “Revenue Officer empowered” by Mah. 26 of 1989, s. 6 (a)(ii).
8 The Maharashtra Felling of Trees [1964 : Mah. XXXIV
(Regulation) Act, 1964
Provided that, where the prop erty seized is subject to speedy and natural decay or when the
expense of keeping it in custody is likely to exceed its value, the officer seizing it may sell it at once :
Provided further that, where such property cannot conveniently be removed, the offic er seizing it
may, at the instance of the person interested in the property, leave it at the place where it has been
seized in the charge of the person interested in the property or in the charge of any respectable person
as will undertake to keep such pro perty on his entering into a bond with one or more sureties in an
amount not less than the value of the property, that he will take proper care of such property, and
produce it when called for.
(4) If the property so seized is not ordered to be forfeited to the State Government under section
4, that property shall be returned to the person from whom it was seized.
(5) If any claim is set up by a third person to the property seized as aforesaid, the 1[Tree Officer]
empowered under section 3 shall inquire into claim and may admit or reject it, after hearing such
person in respect thereof.
2[6. Producer in cases to be dealt with under this Act. — Subject to the provisions of this Act
and the rules made thereunder, the provisions of Chapters XII and XIII of the Code shall apply in
relation to cases dealt with under this Act as those provisions apply in relation to cases of unauthorised
felling of trees dealt with under the Code.]
7. Award or penalty or confiscation not to interfere with other punishments.— The award of
any penalty or confiscation of any property under this Act shall not prevent the inflicting of any
punishment to which the person affected thereby is liable under any other law.
8. Inquiries and proceedings to be judicial proceedings. — All in quiries and proceedings
before any 3[Tree Officer] shall be deemed to be judicial proceedings within the meaning of sections
193, 219 and 228 of the Indian Penal Code (XLV of 1860).
9. Officers to be public servants.— The officers exercising powers or discharging any duties or
functions under this Act shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (XLV of 1860).
10. Execution of order for payment of money. — Any sum the payment of which has been
directed by any 4[Tree Officer] or State Government under this Act shall be recoverable from the
person ordered to pay the same as an arrear of land revenue.
11. Bar of proceedings. — No suit or proceedings shall lie against the State Government or
against any person empowered to exercise powers or to perform duties or discharge functions under
this Act, for anything in good faith done or purporting to be done under this Act.
12. Exemption.— Subject to such conditions (if any) as may be imposed, the State Government
may, if it is necessary so to do in the public interest, by notification in the Official Gazette, exempt any
local area from all or any of the provisions of this Act.
13. Savings.— Nothing in section 3 shall apply to the felling of any tree for preventing damage
to person or property or for abating any nuisance on one’s own land.
14. Provision of this Act to be in addition to any other law for the time being in force.— The
provisions of this Act shall be in addition to the provisions of any other law for the time being in force
prohibiting or regulating the felling of trees.
15. Power to make rules.— (1) The State Government may, subject to the condition of previous
publication, make rules to carry out the purposes of this Act.
(2) Every rule made under this section 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 whi ch may be
1 These words were substituted for words “Revenue Officer” by Mah. 26 of 1989, s. 5(a).
2 This section was substituted for the original by Mah. 17 of 1987, s. 4.
3 These words were substituted for the words “Revenue Officer” by Mah. 26 of 1989, s. 6(b), s. 7 and s. 8, respectively.
4 These words were substituted for the words “Revenue Officer” by Mah. 26 of 1989, s. 6(b), s. 7 and s. 8, respectively.
1964 : Mah. XXXIV] The Maharashtra Felling of Trees 9
(Regulation) Act, 1964
comprised in one session or in two successive sessions, and if before the expiry of the session in which
it is so laid or the session immediately following both Houses agree in making any modification in the
rule or both Houses agree that the rul e should not be made and notify such decision in the Official
Gazette, the rule shall, from the date 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 sha ll be without
prejudice to the validity of anything previously done or omitted to be done under that rule.
10 The Maharashtra Felling of Trees [1964 : Mah. XXXIV
(Regulation) Act, 1964
SCHEDULE
[See section 2(f).]
1. TEMINALIA CHEBULA (Hirda).
1[2. Teak]
2[3. Madhuca Latifolia (Mahua, Mhowra or Mahu)
3[* * *]]
4[5(A). Mango, other than grafted variety (Mangifera indica)]
5[* * *]
6[7. Acacia Catechu (Khair)]
7[* * *]
8[9. Pterocarpus marsupium (Bija).
10. Adin cordofolia (Haldu).
11. Ougelnia dalbergioidies (Tiwas).]
9[12. Terminalia tomentosa (Ain).]
10[13. Terminalia Peniculata (Kinjal or Kindal).]
11[14. Hardwickia binata (Anjan).
15. Syzigium cumini (Jambhul).]
12[16. Mangrove.
Explanation.—For the purposes of this entry, “Mangrove” includes Rhizophora mucronata
(Lamk), Rhizophora apiculata (Biam), Ceriops candolleana (Ara), Kandelia rheedei (Wight), Bruguicra
gymnorhiza (Lamk), Lumnitzera recemosa (willd), Sonneratia apetala (Buch Ham), So nneratia acida
(Dinn), Avicenia Officianalis (Linn), Avicenia marina (Linn), Acanthus ilicifolius, Aegiceras majus
and Salvadora persica (Linn).]
13[Within the district of Sindhudurg only—
17. Dalbergia Latifoli (Shisam)
18. Gmelina arboria (Shivan)
19. Lagrstroemia lanceolata (Nana)
20. Terminalia belerica (Behala)
21. Strychnes nuxvomica (Kazra)
22. Euginia zeylanica (Bhedus)
23. Terminalia arjuna (Pandhra ain)
14[* * * *]]
15[25. Nothopodytes Nimmoniana/Nothopodytes Foetida/Mappia Foetida (Commonly
known as “Narkya” or “Amruta”)].
1 Entry 2 was added vide G.N., R. & F. D., No. TRS. 1165/152115, dated the 19th January 1968.
2 Entries 3 and 4 were added vide G.N., R. & F.D., No. TRS. 1069/17631/B, dated the 27th December 1969.
3 Entries 4, 5 and 6 were deleted vide G.N., R. & F.D., No. Misc. 01/2007/CR.8/F-6, dated the 5th May 2011.
4 Entry 5(A) was added vide G.N., R & F.D., No. Misc. 01/2007/CR. 8/F-6, dated the 5th May 2011.
5 Entries 4, 5 and 6 were deleted vide G.N., R. & F.D., No. Misc. 01/2007/CR.8/F-6, dated the 5th May 2011.
6 Entry 7 was added vide G.N., R. & F.D., No. TRS. 1169/187626-B, dated the 7th December 1970.
7 Entry 8 was deleted vide G.N., R. & F.D., No. TRS- 07/2020/C.R.84/F-6, dated 23rd March 2021.
8 Entries 9, 10 and 11 were added vide G.N., R. & F.D., Nos. TRS. 1165/152115-B, dated the 9th March 1974.
9 Entries 12, 13 and 16 were added vide G.N., R. & F.D., No. TRS. 10858/12399/G-7, dated the 28th January 1987.
10 Entries 12, 13 and 16 were added vide G.N., R. & F.D., No. TRS. 10858/12399/G-7, dated the 28th January 1987.
11 Entries 14 and 15 were added vide G.N., R. & F.D., No. TRS. 1075/4962-G-6, dated the 16th January 1976.
12 Entries 12, 13 and 16 were added vide G.N., R. & F.D., No. TRS. 10858/12399/G-7, dated the 28th January 1987.
13 Entries 17 to 24 were added, for district of Sindhudurg only, vide G.N., R. & F.D. No. TRS. 1097/CR-244/F-6, dated the
4th October 1999.
14 Entry 24 was deleted vide G.N., R. & F.D. No. Misc. 01 /2007/CR-8/F-6, dated the 5th May 2011.
15 Entry 25 was added vide G.N., R. & F.D. No. TRS. 03 /2008/CR-58/F-6, dated the 17th June 2008.