Gardens: Amendments in Tree Act needed
To amend certain sections of the Maharashtra (Urban Areas) Protection
& Preservation of Trees Act 1975 :
Amendment in certain sections of the said Tree Act is necessary.
Some suggestions received are:
1) Definition of tree : Suggestion is “Tree means
any perennial woody plant having a main trunk and usually a distinct
crown and usually having over 10 feet in height”. Shrubs should
2) "To fell a tree" definition should
be further cleared by stating specifically the extent of damage
to the tree.
3) Tree Authority should consist of 6 to 12
persons instead of 5 to 15 and it should be proportionate
as 1/3 among the councilor, 1/3 from NGO sector (as recommended
by NGO Council) & 1/3 from ex. officials of Govt., Semi Govt.
organizations working in the field.
4) Every Tree Authority should have nominated
members from the representative of NGOs non officio members
working in the field of plantation & preservation of trees in
the State, Central & Semi Govt. organization.
5) There should be mandatory provision in the
duties for plantation of trees along roads, public spaces &
6) No completion & occupation certificate
in respect of any building should be issued unless the certificate
of Tree Officer for plantation of trees as per the norms of Tree
7) Tree Officer should be empowered to do horticultural
pruning and also grant permission or give directives to any person
including an officer of the urban local authority or an officer
of the State Govt. or the Central Govt. who proposes to prune /
cut the branches as a horticultural operation upto the diameter
of 6” of the branch. The application shall be accompanied by the
description of the tree required to be trimmed and reason therefore.
8) Tree Officer should be empowered to give the
permission for transplanting of those trees that can be transplanted
having survival chances, by accepting the deposit decided by the
Tree Authority in the cases where the development projects are approved
by the competent authority of urban local authority or others or
in case of trees that have become dangerous to life and property.
Tree Officer to give directives & technical know how on transplanting
of trees or authorized the applicant to get the technical advice
from authorized horticulturists who have a degree in Botany/Horticulture/Forestry
of a recognized University.
9) The provision “provided that, nothing
in this section shall apply to the felling of trees on or along
the public roads undertaken by the Public Works Deptt. Of the State
or Central or Corporation” should be deleted.
10) Any authority or officer of urban local authority is empowered
to give any permission for development of land and in case, the
tree has collapsed / is damaged and removed in the process of the
development of land by any means, Chairman, Tree Authority is empowered
to impose suitable penalty in accordance the provision in the Act
after getting the recommendations from the Tree Officer who will
confirm and justify the reasons of removal of tree and Tree Officer
will also give his recommendation for plantation of additional new
trees of same species having almost 10’ to 15’ height.
[It is very important to give your
views and suggestions to the above and any other parts of the Tree
Act. Thanks. Vinay]