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1

(1)

REVENUE AND FORESTS DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 6th September 2024.

MAHARASHTRA ORDINANCE No. VII OF 2024.

AN ORDINANCE

further to amend the Maharashtra Felling of Trees (Regulation) Act, 1964.

WHEREAS both Houses of the State Legislature are not in session;

AND WHEREAS the Governor of Maharashtra is satisfied that circumstances

exist which render it necessary for him to take immediate action further to amend

the Maharashtra Felling of Trees (Regulation) Act, 1964, for the purposes

hereinafter appearing;

Mah.

XXXIV

of 1964.

In pursuance of clause (3) of article 348 of the Constitution of India,

the following translation in English of the Maharashtra Felling of Trees

(Regulation) (Amendment) Ordinance, 2024 (Mah. Ord. VII of 2024), is

hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

SATISH WAGHOLE,

Secretary (Legislation) to Government,

Law and Judiciary Department.

(Translation in English of the Maharashtra Felling of Trees (Regulation)

(Amendment) Ordinance, 2024 (Mah. Ord. VII of 2024) published under the

authority of the Governor).

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NOW, THEREFORE, in exercise of the powers conferred by clause (1) of

article 213 of the Constitution of India, the Governor of Maharashtra is hereby

pleased to promulgate the following Ordinance, namely :––

1.

(1) This Ordinance may be called the Maharashtra Felling of Trees

(Regulation) (Amendment) Ordinance, 2024.

(2) It shall come into force at once.

2.

In section 2 of the Maharashtra Felling of Trees (Regulation) Act, 1964

(hereinafter referred to as “the principal Act”),––

(1) for clause (e), the following clause shall be substituted, namely :––

“(e) “to fell a tree” includes burning or cutting or lopping or girdling

or debarking a tree to cause death of tree or destruction thereto;”;

(2) for clause (g), the following clause shall be substituted, namely :––

“(g) “urban area” means a municipal corporation area for which a

municipal corporation is constituted under the Mumbai Municipal

Corporation Act or the Maharashtra Municipal Corporations Act, or a

municipal area within the meaning of clause (24) of section 2 of the

Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships 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 ;”.

3.

In section 4 of the principal Act, for the portion beginning with the words

“ shall be liable ” and ending with the words “ deem fit to impose ;”, the following

portion shall be substituted, namely :––

“ shall be liable to penalty of rupees fifty thousand. The Tree Officer

empowered under section 3 may, after holding an enquiry and giving such

person an opportunity of being heard, impose the penalty ;”.

Short title

and

commencement.

Mah.

XXXIV

of 1964.

Amendment of

section 2 of

Mah. XXXIV

of 1964.

III of 1888.

Amendment

of section 4 of

Mah. XXXIV

of 1964.

Mah.

XXXVII

of 1966.

Mah.

XXXVII of

1966.

Mah. XL

of 1965.

LIX of 1949.

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3

STATEMENT

The Maharashtra Felling of Trees (Regulation) Act, 1964 (Mah. XXXIV

of 1964) has been enacted to make better provision for regulating the felling

of certain trees in the State of Maharashtra, for the purpose of the

preservation thereof. It extends to the whole of the State of Maharashtra

excluding an urban area.

2.

Section 4 of the said Act provides for penalty of not exceeding one

thousand rupees for felling a tree without permission of the Tree Officer.

The said maximum limit of penalty of rupees one thousand has not been

increased since the year 1964. Due to this meager amount of penalty, there is

rampant increase in incidences of unauthorized felling of trees. The effective

regulation of felling of trees is necessary to protect the environment.

Therefore, it is necessary to provide for stringent penalty for unauthorized

felling of a tree. It is, therefore, considered expedient to amend section 4 of

the said Act with a view to provide for a fixed amount of penalty of rupees

fifty thousand for felling a tree.

3.

The definition of the term “urban area” in the said Act and the

Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975

(Mah. XLIV of 1975) is different, which gives rise to ambiguity regarding

their application. Therefore, the definition of the said term in the said Act is

proposed to be substituted so as to have similar definition thereof as provided

in the Maharashtra Act No. XLIV of 1975.

4.

As both Houses of the State Legislature are not in session and the

Governor of Maharashtra is satisfied that circumstances exist which render

it necessary for him to take immediate action further to amend the

Maharashtra Felling of Trees (Regulation) Act, 1964 (Mah. XXXIV of 1964)

for the purposes aforesaid, this Ordinance is promulgated.

Mumbai,

C. P. RADHAKRISHNAN,

Dated the 5th September 2024.

Governor of Maharashtra.

By order and in the name of the

Governor of Maharashtra,

SHRI. VENUGOPAL REDDY,

Principal Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH

MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT

DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004

EDITOR : DIRECTOR, RUPENDRA DINESH MORE.