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Tree Act |
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Chapter 1
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.
- Act covers entire
state of Maharashtra
- Comes into effect when State govt, notifies it via the official
gazette.
What is a Tree?
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?
It covers all operations
required for the survival and propagation of trees, this includes transplanting
trees to other sites and planting of new trees.
What activity means “Felling of
a Tree”?
To fell a tree is to burn or cut a tree or an any activity such as lopping
that causes substantial damage to the 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 2
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:
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Municipal Corporation
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Municipal Commissioner
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Municipal Council
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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
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Chief Executive Officer
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New Town Development Authority under section 113(2) of
the Maharashtra Regional and Town Planning Act, 1966
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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
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Managing Director of the Corporation or Company
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The TA may
nominate representatives from non-official organizations who are knowledgeable and
experienced in the field of planting and preservation of trees. However, These nominated
members should not exceed the number of corporators.
• 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 3
Who are Tree Officers ?
Tree
Officers (one or more) are appointed in urban areas to perform the functions under
the act. In municipal corporations such officers cannot be below the rank of the
Assistant Municipal Commissioner. In municipal areas, the Chief Officer of the municipal
council shall be the Tree Officer Every Tree Officer shall exercise jurisdiction
over the whole urban area (or an area that the TA determines).
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
The members of this Authority are as under:
1) Rajendra Keshav Gorade
2) Mrs. Sulochana Ramdas Tupe
3) Shailesh Balasaheb Charwad
4) Dattatrya Babanrao Dhankawade
5) Bhimrao Sudhdeo Karat
6) Vinod Chandu Orase
7) Rashid Shaikh
8) Kiran Bartakke
9) Laxman Arde
10) Mrs. Vaijayanti Pasalkar
11) Mrs. Kavita Vairage
12) Mrs. Medha Kulkarni
13) Mrs. Surekha Pansare
14) Tanhaji
Chapter 4
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.
Chapter 5
Section on Restriction on Felling of Trees and Liability for Planting and Preservations
of Trees. (Chapter V of the MTA)
Section 1:
(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 an enquiry 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,
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.
(4) What happens if the
TA does not respond to the application?
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 2:
(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 3:
(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.
Section 4:
(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 5:
(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 6:
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 7:
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.
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