THE UTTAR PRADESH PROTECTION OF TREES IN RURALAND HILL AREAS ACT. 1976

*(U. P ACT No. 45 or 1976) ') 3/., [AuthOritative English Text of the Uttar Pradesh Gramin Aur Parwatiya , "i h

' Kshettm Men Vriksha Sanrakshan Adhiniyam, 1967] L/ [

AN , 1 .’ zb no

to provide for regulation of felling of bees and replanting of trees in &rural and hill areas of Uttar Pradesh

IT IS HEREBY enacted in the Twenty-seventh Year of the Republic of Indiaas lollow.s '—

1.- (1) This Act may be called the Uttar Pradesh Protection of Trees Short (me,in Rural and Hill Areas Act. 1976 extent and com-

moment.(2) It extends to the whole of Uttar Pradesh.(3) It shall come into force at once. 3

2 This Act shall not apply 10.: 3 »V ' V » V . - 1 ' Act ‘9‘ to apply

(a) trees situate in reserved and protected forests , - weer-tam Ams- 7;(b) trees situate in a forest or forest land 1n respect of which any noti.

fication under the Indian Forest Act 1927 as amended in its applicationto Uttar Pradesh is in force; -_

(c) trees situate in urban areas ,(d) trees situate in a Governtnent garden or on land held bythe:

Government. ' -- a a

' 3 ~ In this Act, unless there is anything repugnant in the poo-ntext .—_ (i) “blank area” means any piece of land (not bemg under culti-vation)‘ ineasunng one-half or abectare or more, Wth’haS five or less 5 .treesgm gait; , V

(ti BhoomiSanrakshan Adhikafi" shall have the meamng'asngned , V _; VVA,and the tar Pradesh tomr-Evam jal Sanrakshan Adhmxyam,

competent authority» means an authority appomted by the,, vernment by notification to perform the duties and exercise the

powers imposed or conferred upon a competent andiority by this Act,-and dilferent competent authorities may be appomted in respea

‘ :roffzd‘lferent-class of timber, fruit and other trees, a and for dilferentJ. 24,11 iiimt 11.27 s _ 1 ,’V ““":"*I a“: 3 , . ~

_ 1v) “Divismnal Forest Officer” means an oflioer incharge of a forest ‘ 'Vlsion and exercising jurisdiction over the area; - « za “fell a tree”, with its cognate expressions,. means cutting, gn-dl- L

sting; lapping; pollarding or damaging a tree in any other manner;" vi) “Governinent garden" means a piece 0f land belonging to the 7:

Central or State Government used for growing flowers, fruit or vége-tables or for planting or raising trees, and includes a grove land belong— ,_

' ing’ to the Central or State Government; - m.V (vii) “hill area" means the districts of Almora, PithOragarh, Garhwal, ,ChamOli, Tehri-Garhwal and Uttarkashi and the hill pattis of district

y Naini T21 and areas of Chakarata Tahisl and Mussoorie MunicipalBoard of Debra Dun district but does not include any Cantonment area;

a»

ué

rsq

'cw

mq

m:~V

-,m

a,1

' \ [For Statement of Objects and Reasons, please see Uttar Pradesh Gazette (Extraordinary),dated March 31,1976]. .

. (Passed in Hind by the Uttar Pradesh Legislative Assembly on November 8,1976 andby the Uttar Pradesh Legislative Council on November 10,1976).

(Received the Assent of the Governor on November 19,1976 under article 200, of theConstitutiOn of India and was published in Part1 (a) of the LCgislatativ€ Supplement of theUtmr Pradesh Gazette (Extraordinary), dated November 22,1976).

Prim ‘10 Paisc

L” sh'allfflhave‘Ltlie’i'meanin1 g ag’s’ignea .viii)” L“hdldingi? 333a «£33333 holdto them in the Uttar Pradesh zmmam Abolition and Land Reforms . anAct. 1950 ; ‘ ‘ . , rat

(ix “public premises" hall have the meaning assigned to it in the

Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants)‘

Act, 1972 ; ‘ ’_ 3 :31(x) “revising authority" means an authority appointed by the State L ' f8}

Government as revising authority under this Act ; . ‘ 3.-

(xi) “tree” means any woody plant whose branches spring from and 3 wr

are supported upon a trunk or body and whose trunk or body is not less an

than five centimetre in diameter at a height of thirty centimetres from an

the ground level and is not less than one metre in height from the -

ound level, and the expressions “timber trees” and "fruit trees” means ’ 3

respectively the trees of the species specified in Schedule I and Schedule » til:

11 respectively: ’ , - ~ - g , or

Provided that the State Government may by‘notification add to or 0r

modify the Schedules; 3 ,_ . , ‘ 3 _ 3 km

(xii) “urban area” means an area (not being a hill area), which is orincluded within the limits of a Nagar Mahapalika, Municipal Board, to

Notified Area Committee, TownArea 3 Committee, Cantonment Board" “.1‘

or of a Develoealept, {malaria :3 ,, _ . " 3; j ‘ " '- P?

. xiii) ,,‘_,‘words_a;a.nd 3:93Preési‘0e’.’ “L! .L ifilthis [Act fend Vdehned' m 2_ ” the Indian Forest Act,1j19273,3aspamended in] itSL.3a‘£§1imtiOILl_ to Uttar em

3,.» Pradesh, but not defined in this 3Act3shall3 havei meaning res L -L‘ be

3.3» 333 3 tively assigned to them in that Aet,

4;; this Act or "the. rules made thereunder, LLWion on 4. Except as provided in;

2:223: ““333.” Person shall— ' _ . 3' 33.; :. 3

. ' (“Wilt-an? fiesseqfinaqn mislead» wheflrniedhitfiinahoing or not i L ’r 1“" 913.3 , .. its, ,: ,5 _, _ 3‘ ‘3,” 3" :«3 -3 ,

. (b) cunjremovegoriéptherwisel dispose ofanytreeomer thangLa 3

Which is completely dead andf has 'yllen” without‘cthé 3.5 of hum

_ ‘ [Wyagency °n~aPYI§Q¢r3h9dt L' L LL L. L L L L ,

’ ' W 3s.- «krhe-eenpétehi: nth" ‘t‘ymay’. on happiness 6l_aflyi15étwfiLL ehattfell a rem“ mien a Standing tree'orto cut, remove or otherwise di‘PQfi‘Of alfan‘entrees. ‘ ‘ , , _, , _ . . , . . _

‘ after’makmg‘such mqmryyas 1t thmksfit, grantpermrssmmtwhrm do so

4‘ 3?“ "r 3‘; “if: =’:‘ 3-3.323,:3.;;;33_,;__.. ‘rr’ “3. L ' 3 3, _,

Provided that suchipermission shall‘no‘t‘1 be "refused ' “

3 dahger taperm 9r :PFQPCIWVF ,3 3.333L‘ :L'Fro‘vided further that’eitcept in such area’as may ‘tnotifi ,3

Government in this behalf such permission shall not be requiredtonthe idling

~ of any tree with a'viewlto appropriating the wood or leavesfthereoiifor bond “

use for purposes of":fuel,;3fodder, agricultural implements o

‘ Provided also:3 obstrucgiOntiof nuisance: orumpreven

_ permission. ‘ ~ ' ” 3 “ f 3

‘ ~3» 3’ vii/2'13» 3;. ' ..«}".'fi :1: 33H: "

the: 33m immwetesst‘epe: as. we flew" 533331733303 ,- .

t261113',«.1anger my.» he takenv-w “Lu,- “‘3

ficcedure for ‘ 6(1) Every Lapplicationeundei; section5Lshallbemwn

Obtaining Per- made in such manner and contain such particulars as may be pres

mission tofellor' -~ -_ .3 33 r. ' .« . _‘

“mm": “‘5”- (2) The competent authority shall give his deasmn in the case ofthan" a tree growing in— terest, groveg Pm

application in resPect of any tree other .

within ninety days from the date of receipt of such applicaéor public premises,

. .

than, and in the case of an application in respect of a fallen tree Within sever; per,

days from the date of receipt of such application. ' " 3 f ,- _ the

(3) If the competent authority fails to give his decision within the time; dill

allowed by sub-section (2), the permission referred to in section 5‘ shall be

deemed to have been granted.(fife

. t !

(4) Any person aggrieved from the decision of the competent authority tag?thirty days from the dire

under sub-section (2) may make a representation within .

date of such decision, to the Revising Authorlty and his deasmn on SUI

representation shall be final.

the m

ect to such conditions, incl11ding taking of security for ensuring regene-_ (5% Every permisssion granted under this Act shall be in such formand $11]ratiOn of the area and replanting of trees or otherwise, as may be prescribed.

7.L Every person, to whom permission has been granted under this Act Obligation toto fell, cut, remove or dispute of any tree, shall be bound to plant and plant mtend two trees in place of every tree in the area, from where such tree has beenfelled, cut, removed or disposed of by him under such permission .

Provided that the competent authority may £01 reason to be recorded‘inwriting, permit lesser number of trees to be planted, or trees to be planted inany different area, or exempt any person from the obligation to plant or tendany tree.

8. (1) Where the Divisional Forest Ofiicer is of opinion, on the basis of Plantanon , ofthe report of a revenue officer, not below the rank of a Sub-Divisional Oflicer, trees in 'blankor a Horticulture Officer, not below the rank of a District Harticulture Officer, WL-or a Soil Conservation Officer not below the rank of Bhoomi Sanrakshan Adhi-kari or any forest oflicer not below the rank of Assistant conservator of Forest,or Otherwise that trees should be planted 1n a blank area, he may issue a noticeto the owner, occupier Or tenureholder (hereinafter referred to as claimant) ofsuch area to show cause why trees should not be planted 111 such area as may

‘ ‘ speafied in such notice. , L “ .

(2)L The notice referred to in sub—secuon (i) shall be given in such formand shall cantain such particulars and shall be served in such manner as may

“(31 The D1v151onal Forest Officer may, after conndenng the cause, if m,shown by the claimant, direct him to plant such number and claSs of trees asmay be E‘swafied in the direaion' 1:; .1 - : — , ~ ; f ,L'L ' _ ; L‘: Lilfiwiw 2 “Wifi

Any person aggneved from«maywithin 80 days from the date .Conservator of Forests cerned, hose

accordance with’such direction in LLLthe next followmg rainyrgseason or W1thin~ 'sleuth extended time as the Divisional Forest Officer concerned may allow. , " ,L

(2) In ease of default by such person the D1V1s1onal ForeSt Ofiioer may‘muse does to be planted and may recover the cost of plantauon from such

r otherW‘ ' disposes of any fallen tree, in contravenuon of the proviSions of i113;- or

t,,shall", L punished With imprisonment which may extend to six months “9“” 4.L ‘h'ch may extend to one thousand rupees or w1th b0 1

(I) If the person committing an ofenceLiji under this? Act is .a onenessmany, the company as well as every person incharge of and respbnsib'le to “’m

,: the Company for the conduct of its business at the time of the commission of0 the offence shall be deemed to be guilty of the offence and shall be liable to he

proceeded against and punished accordingly:Provided that nothing contained in this sub-sectibn shall render any such

~ person liable to any punishment provided in this Act, if he proves thatthe offence was committed without his knowledge or that he exercised all due

If, diligence to prex ent the commission of such offence(2) Notwithstanding anything contained in sub-section L(l) where an

offence unde1 this Act has been committed by a company and it is provedthat the offence was committed with the consent or connivance of, or is attribu-table to any neglect on the part of any managing agent, Secretary t1easure1,dilector, manager 01 other olficet of the Company shall also be deemed to beguilty of that offence and shall be liable to he proceeded against and punishedaccordinly.

,ii Dfat'mm“; 3i; ‘se ion 4, o contravenes any condition of any permisSion granted under this contravention of

by

Explanation—For the purposes of this section;- 2 ,(a) “company” means any body corporate and includes a firm or other

association of individuals ; and(b) “director” in relation to a firm means a partner in the firm.

forfeiture of ' 12. (1) Where any person is convicted of an offence under this Act

: timber. any timber or the tree in respect of which an offence is committed and

' the implements used for felling such trees may be ordered by the court to

’ be forfeited to Government.

’ (2) Any timber forfeited under this section shall be disposed of by the

competent authority in such manner as may be prescribed.

, Power to arrest 13. (1) Any forest officer not below the rank of. a Forest Ranger or police

- ! W110“: warrant. oficer, not below the rank of a Sub-Inspector, may without a warrant, arrest

. any person against whom there is reason to believe that he has been concerned

in any offence under this Act :

Provided that in relation to the hill area the reference to Sub-Inspector in

this sub-section shall be construed as a reference to Naib Tehsildar.

I H (2) 'Every'oflicer making an arrest under this section shall, without uni rnecessary delay and subject to the provisions of this Act as to release on

bond, take or send the person arrested before the Magistrate having jurisdic.

tion in the case, or to the offimr-in-charge of the nearest police station: _ _ ‘

(3) Any person arrested under this section shall be released on his execut-

ing a bond to appear, if and when so required, before the Magistrate havingjurisdiction‘in the case. ’ ' , -

" W to seize. ' l4. .~(1) When there is reason to believe that any tree has been felled or

‘ ' cut or removed” in contravention of the provisions of this Act, the wood:

ofsuch. ee,‘"_together with boat, vehicle. carrier or cattle, if any. uSedin such?amateurish may be" Seized by any Forest Oflicer not below the rank" ‘ofia Forest"

Ranger orjanyfpolicejofficei‘ not below the rank of a Sub-Inspector’f'orrany

other person -¢E!1P:°W§r§€1.in,thi§ behalf» by the State Government. ‘ , _

WT?" ’(Zveryseizuieiunder 'thisvsection shallbe reported to,Lhe:;Magistraj.§

Thaving‘lfjnrisdiction ’to try theiOlfence on account of which, the seizure has been

’fmade,‘f‘=and"‘ suchiaimber;«boat'sawhicle, carrier or cattle shall, Subject‘%to"Order. of‘such Magistrate," ‘bezdisposed of in the prescribedmanner. ‘

. o-‘-g».,r ,. . uni ‘ ' _ . , '*>’ ,1a.

(3) XAny forest officer or" A lice ’olhcer' who vexatiously and amatessafiry‘ , 50-26

_ fianests ‘ori‘seigesxafi property 'on pretence of such proPerty being liable to 5

- {iforfeitur'e rfindeifitlllsifmct: : shallzcbe .JS’pllniShable {with itnprisonmemg;i591".r

a term which may .extendto six months or with fine which _;; may extend,

. five hundred rupees orwith both: ‘ " ‘ ‘ _

A ‘- 15. (2,1) z-The,State.Glriiment may bynotification authorisel‘anyf'oflicer’s,to ‘_ accept from,,any person against whom/there is. reason to believe that hfiih,

committed offence ,under,»,this;.{’Act. inwrespect of any tree 0331.13? ithan‘l“

‘ tree situatein. a forest,;'grove orzpublic premises, such‘sum of moneyLn {exceed

. ing‘ Rs.5,000 byway of Composition for the offence which such persOn’ is s

epetSted'ito have comniitted.,,.s:._ ,. _ V. . _ L _ , a: .

, "(2) On the payment of such sum ’of money to any such OfECer,’ the sus-

‘ pected person if in custody, shall be’ released and no further proceedings ‘under

this Act shall be taken against . such person and notwithstanding any-';_ ‘ ‘

thing contained in section 14, such officer may on payment of such amount, not A,

exceeding five thousand rupees as he may in the circumstances of the case, ,

thinkfit, release the property seized under this Act. ‘ '

, 16_ '1: shall be the duty of every Forest Officer, LCkhpal, Panchayax .,

tor or Assistant 5011,Contravention0f Act to be I? Secretary,~ Police Constable, Assistant Horticulture Inspec

t . .{$333 06' am Conservation Inspector or any officer superior to them—

(a) to give immediate information coming to his knowledge, of any

contravention of section 4 and of preparation to commit such contraven-

tion to the competent authority, and(b) to take all reasonable measures in his power to prevent

contravention which he may know or have reason to believe

is about or likely to be committed.

suchthat it

17. The award of penalty or confiscation of any property under thisAct shall not premnt the infiictinu of any punishment to which theperson affected thereby is liable undc any other law.

18. The officers exercising powers or discharging any duties or functionsunder this Act shall be deemed to be public. servants within the meaning of

lsection 2] of the Indian Penal Code.

19. Any sum, including any amount for composition of an offence, thepayment of which has been directed to be 111ade by any person under thisAct shall, without prejudice to any other mode of recoveiy under any law {orthe time being in torcc; be 1:-u~.wr:1hlc {311211 him as an arrear of land revenue.

20. No suit or proceedings shall lie against the State Government oragainst any person empowered to exercise power or to perlorm duties ordischarge functions under this ACK’. for anything in good faith done or purpor—ting to be done under this Act.

2].. Subject to such conditionsK if any, as may be imposed, the StateGovernment may if it is considered necessary so to do in the public interestby notification in the Official Gazette exempt any area or any species of treesfrom all or any of the p1ovisions of this Act. . , 1 .1

22. The provisions of the Act shall be in addition to and motderogation of the provisions of any other law for the time being in forceprohibiting or regulating the felling of trees, _

\

1.1.:.e .

23 (l) The State GOVermne'nt may in the interest of general public,’._ declare by notification that any class of [trees shall not be felled fer such

pm’od as is specified in that notification. \1 11.171:w” it

'(2) The management of such trees shall be regulated in the [numbedmanner. , , ,1

* 24.1116: State Government mayvrby notificauon make rules toeanty cutthe purposes of this Act ’ '

" '" 25. (l) The Uttar Pradesh Protection of Trees in Rural Areas Ordinanoe; '1976 is hereby mpealed.

(2) Notwithstanding such repeal any thing done or any action taken under

Award of De-nalty ‘Dt confis-cation not tointerfere withother punishment~

Officers to bepublic Servants.

Execution oforder for pay-ment of money.

Bar of Proceed-ings.

EXemption.

PrbVision ofthis Act to be -_in “addition“ toany' other Law ~for the timebeing inforoei

1 Power of theState Govern-ment for preser-

, vation of ttees.

the aforesaid Ordinance shall be deemed to have been done or taken under , 1this Act as if this Act were in force at all material times.

\

SCHEDULE I (TIMBER TREES)

[See smmon 3 (111)] '

"51. no; Common name ' ' Botanical Name1 Akhrot , x Juglans regia2 Arjum Terminalia arjuna3 Am Mangifera indica4 Imli Tamarindus indica

5 Kardhai Anogeissus pendula6 Kanju . Holoptelea integrifolia

7 Kusum 1 Sohleichera TrijugaS Kail Pinus excelsa

9 Kharshu Quercus Semecarpiioiia

lO Khair Acacia catechu

ll Gutel Trewia nudiflora

51. no. ,Co1rnvmronkName L 'L . I BotaxtlicaisNémé‘.‘

12 Dhau/Bakli ' Anogeissus latifolia13‘ Chandan Santalum album14 Chamkharik Carpinus viminca15 Chironji Buchanania latifolia . , §16 (31111 ' Pinus roxburgii 1‘l7 jamun Sygyzium cumini18 Dhak-Palas ‘ - Butea Monosprer‘ma' V a«

* (For Mirzapur, Varanasi.Banda and Jhansi dis-tricts only)

19 Tuni _ Cedrella Serrata20 Tun ‘ Cedrella toona21 Tendu . 1 . _‘ Diogpirous tomentosa22 Deodar . , ' Cedrus. Deodara .. _23 _ Neem AZadirachta \indica _- _. . _..24 Papn/Sansadu/Clnku ‘ ‘ Bumempervirens i :125 Phaliyant ~ . ‘ Quercusglauca ‘ : ,26 ._ Bakain . . _, , ' Melia azedarath ‘ , 'i " '

2'7 Bahera ‘ ' Tenninalia‘ belericd I!"- ’1 28 Banj , . Quercus incona

, 29 Mahua _ . v, V Terminalia belefica;

_ 30 Morinda jfines pmdrow‘ ‘ 3! '- Morn “

32 ' “ "i 33: :23;‘ .735.l .35 .

37 Shorea robusta N1 38 Siris _ Albina ’species :. .

39 Sam/Asna .Téunlfialla .tomentosa

40 Semal._ _ ,_ . . . . "Salgnalia melabanca41 ‘ Harr ' - , " . x : "Tai‘minalia chebula ,. - . , I, 1

i 42 Haldu »' . ..‘ - Adina cordlfoho 'i ” ‘

1 SCHEDULE n (FRUIT TREES) " .\ - . [Sag SEqrion 331)] - " _

81.10. Common Namé , ~ Botamcal Name V

at I _, ‘L . Pfifnica Gratiutum Y, ‘

Amrdod ‘ ’ L . ' Psidium Guyava~Aroo ' Prunus penicoAloobukhara ' Prunus communis

E:

ko

ooflca

mn

-hu

om

w

Mangifera indicai Aonla ' Emblica officinale ' ,.

Katha} ‘ \nocarpus integrifoliaKhubani Prumxs armeniacs.

g )‘aspati Pyrus communis

PSUP—A P. 46%, Sa H‘dmtwm)~#3i4—77—41 9—497 :~1833 (X1)

No. 1425 (ZJIXVII-V-l—l (HID-214993Dated Lucknow, «714029. 1998

in pursuance of the provisions uf clause (3)af Article 348 of the Constitutionof India, tb: Governor ls pleased to Older :hc publicuion of the following English[Inflation or the Uttar'Pradesh Gramin aur Pannflya Knhctra Man Vriksha Rarnakshan(Sanshgdhan) Adhiniyam, 1993 (LII tar Ptadcsh Adhiniyam Sankhya 28 at 1998 ) as passedby the Uttar Pradash [,agislature and assented ta hytha governor on. July 28 l993.THE UTTAR PRADESH PROTECTION OF TREES IN RURAL ANDHILL AREASMMENDMENTJ ACT, 1993 -

'[U.P. AM No. 23 0F1993]{At pasted ht the Utter Prades-fi Legislature}

ANACT

to amend the Uttar Pradesh Protection ofTrees In Rural and Hit! Area:A“: 1976.IT IS HEREBY enacted in the Forty-ninth Year of the Republic oflndia as follows :—

Sbort title and l.commencement

(I) This Act may be cailad the Uttar Pradcsh Protection of Trcas"1 Rural and Hill Areas (Amondment) Act, [998.(2) It sh_all Cgmu into force on such data, as the State Govcmmuntmay, by notlfiaatmm appoint in this behalf.

3m sea comm were, 29 “Elli. we:

2. In the long title of the uttar Pradesh Protection of :[jrees in Ruraland Hill Areas Act, 1976, hereinafter referred to as the principal Act, thewords "rural and hill trees of" shall be omitted. 22.;3. In section 1 of the principal Act, for sub-section (1) the followingsub-section shall be substituted, namely :'— '

“(1) This Act may be called the Uttar Pradesh Protection ofTrees Act, 1976." ~ _4.. In sectionz of . the mincipal Act, for clauses(c) and (d) thefollowmg clause shall, be eubttituted, namely :— '

“(0) trees situate in cantonm‘ent area.”5. After section 24 of the principal Act, the following section shall

tonnage site—41¢) who 84 mo fame—(858)—~1999—850 (w‘qso) :

Amendment oflong title 0!U. P. Act no. 4S0! 1976

Amendment of ‘section 1

Amendment ofsection 2

Substitution of'be inserted, namely 2—— . “W ““0“ 24-A“24-A On and from the commencement of the Utlar Pradesh 'Tr ‘t r0 Protection of Trees in Rural and Hill Areasvisa???“ 32’ ”m; (Amendment) Act, 1998, any reference to thechug. 0; name uttar Pradesh Protection of Trees in Ruralof U. P. Act and Hill Areas Act, 1976 in any law or“0‘ 45 0‘ 1975 statutory instrument shall be censtrued as areference to the Uttar Pradesh Protection of Trees Act, 1976.”By order,

Y. R. TRIPATHI.Pramukh Sadiv.

No. 993(2)!)(VII-V-l—l (KmsnomDated Lacknoiv, am: so, 2001

lN'pnrsuance ol‘ the provisions of clause (3) of Article 343 of the constitution. the Governor is

pleased to order the publication of the following English translation of the Uttar Pratleslt Vriltslta

Samakshan (Sanshodltan) Adhiniyam, 2001, (Uttar Pradesh Adhiniyam Smtkhya'lz- of 2001) as passedby

the utter Pradcsh Legislature and assented to by the Governor on April 30. 2001 alongwith the Statement

oIIt‘ Objects and Reasons thereto:—

THE UTTIt'tR PRADESH PROTECTION OF TREESfI

(AMENDMENT) ACT, 2001

(U. P. Act No. 1I2 or 2001) _

(.4: passed by the Uttar Prndesft Legrsatmre}-AN

ACT I

fut titer to amend the Utter Prodeslt Protection ofITrees Act 1976

IIT Is Honour enacted tn the Filly-secotal Year of the Republic of Indiaas follows:—

1. (I) This Act may be called-the Uttar Pradesh Protection of Trees Short title and(Amendment) ACLIZOUI;

muffle-

(2) It shall be deemed to have come into force on February 24.32001.

a

'4- ' '_ yanweaammmwz,3oana,_2001

. 45 of 1976 , "winery:—

SUD'SVtiIU‘iOH‘ Of ‘ ‘ , 2. For sections 5 and 6 of the Uttar Pradesh Protection of Trees Act, 1976,sections 5 undo. ' ' _ . / , ,

“5(1) Any person entitlcdto fell a standing tree or to cut, remove or other-

‘ of UP; Act no, hereinafter referred to as the Principal Act, the following sections shall be substituted,

Procedure for Wise dispo's‘evof a fallen tree, may make an application 'PenniSSiO" ‘0 . to Such'officer in such form as maybe notified by the{gist remo 6 State Govemment, for, pcrmrss’ion to felt such standingtree or to cut, rerhoVe or, otherWise dispose of such v *v mngn tree and the officer ‘toWhom ‘Such-application is made, shall, within“twenty days after making such enquiry-as“ he thinks tit, forward the application _1 , .along with his report to thelwtnpetentvauthority‘.(2) the cutnpetent‘authority shall,within fifteen days from the dateof receipt _ ,of the report under sob-section (1),, grant or refuse the permission applied for:. "Provided that the competent authority may, ifhe is not satisfied with the, report made under sub-sectidn (1), make such‘further enquiry as he thinks fits

.1 7 Provided further that such penniSSion shall not he refused without affording the , Iopportunity of hearing to the applicant; ‘7 _ .i 7 Provided also that such permiSSion shall not be, refused if’the tree constitutesdangerto person 0r property: , ‘ - ‘ ‘ - V 7 ‘ , '

1 Provided further that except in such areas as may be’nOtitied by the StateGOVernmentjn this behalf, such permission shall not be required for felling of any treewitha view to appropriating the wood or leaves.dtcreoffor bonaflde use for purposesof fuel, fodder, agricultural implements 'or Other domestic useiProvided also that such itnmediate steps as are necessary to remove anyobstruction or nuisance or to prevent zuty danger may be taken without such permission.(3) Where tliecompetent_ authority fails to take any decision under Sub-section(2) within the time specified therefor, it shall be deemed that the permission applied for,hasbeen granted, _, . - . -" , ' " ’(4) Every; permission granted under this Act shall be shbject to suchconditions, including taking of security for ensuring regeneration of the area andreplanting of trees or otherwise, as may be spegificd from time to time by the StateGovernment by notification. 7‘ . _

L “ A ' 6. Any person‘aggrieved from the decision of the competent authorityRepresentation, under section 5 may make a‘representation within 'against the thirty days from the date of such decision to thedecrsron of the Revising Authority and the decision of the Revising. Competent _ Audiorityon such representation shall be final..., Authority - i ‘ ‘RePfial and 3. (1) The Uttar Pradesh Protection of Trees (Amendment) Ordinance, 2001 issavmgs hereby repealed. V '

‘(2) Notwithstanding such repeal, anything done or any action taken underthe provisions of the Principal Act as amended by the Ordinance referred to in sub-section (1): shall be deemed to have been done or taken under the correspondingI provisions of the Principal Act as amendedbythis Act'as if this Act were inforce at allmaterial times.

By order, .

._ ‘ ‘ 'Y.R.‘TRIPATIII' Pramukh Sachiv.

U.P. Ordi-nance} no.5 of 2001

Barnett 13W we, 30m, 2001 . 5STATEMENT OF 013113c AND REASONS ‘ 1

H SectionsS and 6 of the Uttar l‘ratlesh Protection of Trees Act, 1976 provided inter alia, that tlte4' tent authority may, on the application of any person entitled to fell 11 standing tree or to cut, remove'erwise dispose of a fallen tree, alter making such inquiry as he thinks [it grant pcrmissiOn to do soat the competent authority shall give his decision'111 the case of an application in respect of any treethan a tree standing in a forest, grove or public premises, within ninety days from the that. of thetof the application, and, in the case of an application 111 respect of a fallen tree, within sewn daysthe date of receipt of the application. The general public was facing difficulty in obtaining such!ssion and consequently losing interest in plantation Therefore, with a view to motivate the general

he lowards plantation it was decided to amend the said Act for simplifying the procedure for obtaininglSSiOll to fell or remove trees.

Since the State Legislature was not in session and immediate legislative action was necessary,, plement the aforesaid decision. the Uttar l’radesh Protection of Trees (Amendment) Ordinance, 2001P Ordinance 110. .5 of 2001) was promulgated by the Governor on February 24 2001

This Bill 15 introduced to replace the aforesaid Ordinzutce 1 4 _ 0’

We {0 1110.110 no 23 mo finm——200l-(203k850-W/~3W)i