The Maharashtra Felling of Trees (Regulation) Rules, 1967

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            Government Notification in the Department of Revenue & Forest No. TRS.1065/53933-B, dated 19th September, 1967]1.— In exercise of the powers conferred by sub-section (1) of Section 15 of the Maharashtra Felling of Trees (Regulation) Act, 1964 (Mah. XXXIV of 1964), the Government of Maharashtra hereby makes the following Rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely.—

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The Maharashtra Felling of Trees (Regulation) Rules, 1967

Rule 1. Short title,-

These Rules may be called the Maharashtra Felling of Trees (Regulation) Rules, 1967.

Rule 2. Definitions,-

In these Rules, unless the context otherwise requires.—

            (a) “Act” means the Maharashtra Felling of Trees (Regulation) Act, 1964;

            (b) “Form” means a form appended to these Rules;

            (c) “Section” means a Section of the Act.

Rule 3. Application for permission under 2[Section 3(1A)],-

(1) Any person seeking permission of the Revenue Officer under 3[sub-section (1A) of Section 3] to fell any tree or trees shall make an application in Form I. The application shall be presented either in person or be sent by post.

(2) On receipt of the application, the Revenue Officer shall acknowledge its receipt if the application is complete in all respects. If the application is incomplete, he shall immediately return the application to the applicant pointing out to him the deficiencies in the application and ask the 4[applicant to resubmit] the application after completing it in all respects.

Rule 4. Grant of permission,-

(1) On receipt of an application under Rule 3, the Revenue Officer shall, after holding such inquiry as he deems fit, ascertain whether the tree or trees to be felled in the land is or are of his ownership and if the land is not of his ownership, whether the applicant has any right otherwise to fell the trees on the land.

5[(2) For ascertaining if any trees is dead or deceased or windfallen or is silviculturally mature, the Revenue Officer shall, if the trees is situated within ten miles of a reserved or protected forest and in other cases may, consult a Forest Officer not below the rank of a Range Forest Officer.]  

(3) If the Revenue Officer is satisfied that the applicant has a right to fell the tree or trees applied for, and the felling of the tree or trees is applied for any of the reasons specified in the Proviso to 6[sub-section (1B) of Section 3] or will not defeat the object of the Act, he shall grant the permission to fell the tree or trees applied for in form II]. If the permission asked for is refused, the Revenue Officer shall record his reasons in writing for doing so.

Rule 5. Condition of permission,-

Every person to whom a permission is granted under Rule 4 shall be liable to pay damages for any injury caused to the property of any person as a result of the felling of a tree or trees in pursuance of the permission.

Rule 6. Procedure for deciding an appeal under Section 3(2),-

In deciding an appeal made to him under sub-section (2) of Section 3 the Collector shall follow the same procedure as he is required to follow in deciding an appeal against an order passed by an officer subordinate to him under the provisions of the relevant Code.

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FORM I

Application for permission under 7[Section 3(1-A)] of the Maharashtra Felling of Trees (Regulation) Act, 1964

Name of the applicant:-______

Profession:-________

 Place of Residence:-___________

            I request that I may be permitted to fell the tree/trees specified in column 3 of the Table hereto which is/are standing on the land described in columns 1 and 2 of that Table for the purposes specified below. I enclose an extract from the Record of Rights concerning the land    

            ______ 8is dead/are dead/diseased/windfallen

            ______9has/have silviculturally matured..

            10The tree/trees which I desire to fell 11constitutes/constitute an obstruction to efficient cultivation.

            12I desire to fell the tree/trees for utilising its/their wood for.—

___________________

___________________

___________________

TABLE

 Description of landDescription of tree/trees
(1)(2)(3)
Taluka  
Village  
Survey No.  
Pot-Hissa No.  
Area- A.G  
Date:-____________ [Signature or left hand thumb impression of the applicant] To ,                         13The___________  

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FORM II

Permission under 14[Section 3(1B) of the Maharashtra Felling of Trees (Regulation) Act, 1964

            Shri/Smt./Kumari._______________________ (hereinafter called “the grantee”) residing at_______________ is hereby granted permission under 15[Section 3(1B) of the Maharashtra Felling of Trees (Regulation) Act, 1964 to fell the tree/trees described in the Table below in the land described in that Table, subject to the condition that the grantee shall be liable to pay damages for any injury caused to the property of any person as a result of felling a tree or trees in pursuance of this permission.  

            This permission shall be valid for a period of thirty days from the date on which it is granted.

 TABLE

 Description of landDescription of tree/trees
(1)(2)(3)
Taluka  
Village  
Survey No.  
Pot-Hissa No.  
Area- A.G  
Date:-____________ [Signature of the Revenue Officer] [Seal of the Revenue Officer granting permission]

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Foot Notes:-

1. Published in Maharashtra Government Gazette, Part IV-B, p.2204.

2. Substituted by Government Notification of 19.7.1968.

3. Substituted by Government Notification of 19.7.1968.

4. Substituted by Government Notification of 19.7.1968.

5. Substituted by Government Notification of 29.7.1970.

6. Substituted by Government Notification of 19.7.1968.

7. Substituted by Government Notification of 19.7.1968.

8. To be struck-off if not applicable.

9. To be struck-off if not applicable.

10. To be struck-off if not applicable.

11. To be struck-off if not applicable.

12. To be retained where the tree or trees sought to be felled is or are not dead diseased, windfallen or silviculturally mature or does not or do not constitute an obstruction to efficient cultivation.

13. Here mention the designation of the Revenue Officer to whom the application is addressed.

14. Substituted by Government Notification of 19.7.1968.

15. Substituted by Government Notification of 19.7.1968.

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