HB-2112 Ex. Ord. BIIL NO. XXV (16-12-2024) L. A. BILL No. XXV OF 2024. A BILL further to amend the Maharashtra Felling of Trees (Regulation) Act, 1964. Ex. Ord. No. 28 Ank No.13(4).

RNI No. MAHBIL/2009/40123 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ ´É¹ÉÇ 10, +ÆEò 13(4)] ºÉÉä¨É´ÉÉ®úúú, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEäò 1946[{ÉÞ¹`äö 3, ËEò¨ÉiÉ : ¯û{ɪÉä 36.00 +ºÉÉvÉÉ®hú É Gò¨ÉÉEÆ ò 28 |ÉÉÊvÉEòÞiÉ |ÉEòɶÉxÉ ¨É½þÉ®Éú¹]õ Å Ê´ÉvÉÉxɺɦÉiä É ´É ¨É½Éþ®úɹ]õ Å Ê´ÉvÉÉxÉ{ÉÊ®ú¹ÉnùäiÉ ºÉÉnù®ú Eòä±É±ä ÉÒ Ê´Évɪä ÉEòä (<OÆ ÉVÉÒ +xÉ´ÖÉÉnù) MAHARASHTRA LEGISLATURE SECRETARIAT The following Bill was introduced in the Maharashtra Legislative Assembly on the 16th December, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly Rules.

L. A. BILL No. XXV OF 2024.

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

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

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances Mah. existed which rendered it necessary for him to take immediate action further to XXXIV of

1964. amend the Maharashtra Felling of Trees (Regulation) Act, 1964, for the purposes Mah. hereinafter appearing; and, therefore, promulgated the Maharashtra Felling of Ord.

Trees (Regulation) (Amendment) Ordinance, 2024 on the 6th September 2024;

VII of

2024.

AND WHEREAS it is expedient to replace the said Ordinance, by an Act of the State Legislature; it is hereby enacted in the Seventy-fifth Year of the Republic

of India as follows:–– ¦ÉÉMÉ {ÉÉSÉ-+-28-1. (1) BSɤÉÒ-2112-1.2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 Short title 1. (1) This Act may be called the Maharashtra Felling of Trees (Regulation) and

(Amendment) Act, 2024. commencement.

(2) It shall be deemed to have come into force on the 6th September 2024. Mah.

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

section 2 of (hereinafter referred to as “the principal Act”),–– Mah. XXXIV of 1964.

(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 III of 1888.

Corporation Act or the Maharashtra Municipal Corporations Act, or LIX of 1949. a municipal area within the meaning of clause (24) of section 2 of the Mah. XL Maharashtra Municipal Councils, Nagar Panchayats and Industrial of 1965.

Townships Act, 1965, and includes a notified area for which a Special Planning Authority is constituted or appointed under section 40 of Mah. the Maharashtra Regional and Town Planning Act, 1966 or an area XXXVII of

1966. designated as the site for a new town for which a Development Authority is constituted under section 113 of the Maharashtra Mah.

Regional and Town Planning Act, 1966 ;”. XXXVII of 1966.

Amendment 3. In section 4 of the principal Act, for the portion beginning with the words of section 4 of “ shall be liable” and ending with the words “deem fit to impose;”, the following Mah. XXXIV of 1964. 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;”.

Repeal of 4. (1) The Maharashtra Felling of Trees (Regulation) (Amendment) Mah. Ord.

Mah. Ord. Ordinance, 2024, is hereby repealed. VII of VII 2024. of 2024 and (2) Notwithstanding such repeal, anything done or any action taken saving. (including any notification or order issued) under the corresponding provisions of the principal Act, as amended by the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the principal Act, as amended by this Act.¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+, Êb÷ºÉå¤É®ú 16, 2024/+OɽþɪÉhÉ 25, ¶ÉEòä 1946 3 STATEMENT OF OBJECTS AND REASONS 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 provided 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 had 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 was necessary to provide for stringent penalty for unauthorized felling of a tree. It was, 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) was different, which gave rise to ambiguity regarding their application. Therefore, the definition of the said term in the said Act was 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 were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered 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, the Maharashtra Felling of Trees (Regulation)

(Amendment) Ordinance, 2024 (Mah. Ord. VII of 2024), was promulgated by the Governor of Maharashtra on the 6th September 2024.

5. The Bill is intended to replace the said Ordinance by an Act of the State Legislature.

Nagpur, DEVENDRA FADNAVIS, Dated the 15th December, 2024. Chief Minister.

Vidhan Bhavan : JITENDRA BHOLE, Nagpur, Secretary (1) (I/C), Dated the 16th December, 2024. Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.