The document outlines the legal framework governing tree felling and preservation in Maharashtra, including key regulations from the Maharashtra Land Revenue Code, 1966, and the Felling of Trees (Regulation) Act, 1964. It details the rights of landholders over trees on their property and the requirements for obtaining permission to fell trees, including the process for objections and valuation. Additionally, it discusses penalties for unauthorized tree felling and the management of trees in urban areas and reserved forests.

1. Presented by- Dr. Sachin Khallal
Dy. Collector (pro)

2. Legal Framework
• Maharashtra land revenue code, 1966
• Maharashtra felling of trees (regulation) act,
1964
• Maharashtra (Urban Areas) Protection and
Preservation) of Tress Act, 1975

3. Maharashtra felling of trees
(regulation) act, 1964
• No person shall fell any tree or cause such tree
to be felled in any land, whether of his
ownership or otherwise, except with the
previous permission in writing of a Tree
Officer duly empowered by the State
Government in that behalf .

4. Maharashtra (Urban Areas) Protection
and Preservation) of Tress Act, 1975
Every urban local body shall constitute a
‘Tree Authority’
Eg. Commissioner is chairman tree authority at
municipal corporation.

5. MLRC
• Section 25 (1)
Right to trees in holdings.
With effect from the commencement of this
Code, the right to all trees standing or growing on
any occupied land shall vest in the holder thereof
but if the State Government is of opinion that it is
necessary to prohibit or regulate the cutting of
certain trees for preventing erosion of soil, it may
by rules prohibit or regulate the cutting of such
trees.

6. MLRC
• Section 25 (2)
Nothing in sub-section (1) shall affect in any area
any right in trees in the holding of an occupant in
favor of any person existing on the 1st day of
October 1955, but the occupant may apply to the
Collector to fix the value of such right and
purchase the right through the Collector in such
manner as may be prescribed.
(M.P. Land Revenue Code)

7. MLRC
Section 25 (3)
Any sale or agreement for sale of trees, made
by any person before the commencement of
this Code in anticipation of the vesting such
trees in him by virtue of the provisions of this
section shall be void, and any consideration
given for such sale or agreement shall be
refunded.

8. MLRC
• Section 26
• Trees and forests vesting in Government.
• The right to all trees, brushwood, jungle or other
product growing on land set apart for forest
reserves under section 22, vests in the State
Government and shall be preserved or disposed
of in such manner as the State Government may
from time to time prescribe, by rules made in this
behalf.

9. MLRC
• Section 27.
Recovery of value of trees.
• Any person who shall unauthorizedly fell and
appropriate any tree or any portion thereof
which is the property of the Government shall
be liable to the Government for the value
thereof, which shall be recoverable from him
as an arrear of land revenue.

10. MLRC
Section 28(1)(2)
Regulation of cutting and supply of wood, etc.
Where trees are standing in any reserved
forest, the villagers in general may take
firewood, and such wood as may be required
for agricultural implements, without payment
of any tax but subject to rules made by the
State Government.

11. MLRC
• Maharashtra Land Revenue (Regulation of
Rights to Trees etc.) Rules, 1967,
made under section 25 of MLRC
• Deals with
- trees near water bodies
- trees on unculturable land
• Penalty- Upto 1000 Rs

12. Trees near water bodies

13. Tress on uncultivable land

14. PERMISSION
• Permission to cut a tree is granted when
• 1) the trees or parts thereof are likely to
cause any harm or damage to life or
property

16. • 2)
the dead or dying trees

18. 3)
getting a set back by the shade
of such trees on culturable land

20. Procedure
• An application to that effect to the Collector
specifying the number and species of trees,
and the name of person in whom right in the
trees vests. accompanied by a copy of field
book pertaining to the holding or which
purports to show the existing rights in the
trees.

21. • T he Collector has to give notice to all persons
calling upon the person interested to lodge
their objections if any.
• On the day fixed for the hearing the
Collector has to examine the parties and hear
any evidence that may be produced and record
an order specifying therein:-
• (i) the number and description of trees;
• (ii) the value of the rights; and
• (iii) the period, which shall not be less than 30
days, within which the value so fixed shall be paid

22. If the occupant pays the amount as ordered by
the Collector and produces a receipt of such
payment, the Collector has to send a copy
of the order regarding purchase of right of
trees by the occupant to the Talathi for
making necessary entries in the land records.

23. Revenue- Forest
permission
refusal
Copy to
forest
officers