Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (No. 45 of 1976)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 Act 45 of 1976 Keyword(s): Blank Area, Bhoomi Sanrakshan Adhikari, Divisional Forest Officer, Fell a Tree, Government Garden, Hill Area, Holding and Tenure Holder, Public Premises, Tree, Urban Area Amendments appended: 28 of 1998, 12 of 2001 ~--- ---- -------- --- - THE UTrAR .PRADESH PROTECTION OF TREES IN RURAL . AND HILL AREAS ACT. 1976 (U. P. Acr No. 45 OF 1976) [Authoritative English Text of the Uttar Pradesh Gramin Aur Parwatiya Kshettra Men Vriksha Sanrakshan Adhiniyam, 1967] AN ACT to provide fo:r regulation of felling of trees and replanting of trees in rural and hill areas of U ttar Pradesh IT 1s HEREBY enacted in the Twenty-seventh Year of the Republic of India as follows : ) ,}· L (I) This Act may be called the Uttar Pradesh Protection of Trees Short title, . fo .Rural and Hill Areas Act. 1976. extent and com. moncemcnt. . (2) It extends to the whole of Uttar Pradesh. (3) It shall come into force at once. ·-· 2. · This Act shall not apply to-. . . - . . - - . (a) trees situate in reserved and protectro forests ; -1 A et .aot to apply to certain Areas. . l · (b) trees situate in a forest or forest land in respect of which any nott.· fication under the Indian Forest Act,-1927 as amended in its application to Uttar: Pradesh is in force ; · · ( c) trees situate in urban areas ; · (d) trees situate i11 a Government garden or on I land held by the c ~· Government. · "( i ·",...;:;, ~~· S. 'In'. this Act, unless there is. anything repugnant in the context :- t1eftoitio111. itr < !.i..,.·::. · .. -~, (i) . "blank area" means any piece of land (oot being under· culti-· "'' ,·m-ittt,~t ~tion) m~~~,one-half of·~li~~- OJ," inore, which; h~ '~ve or less f trT; ::~1r'7E;ni:i:{~~ Ainu~-~-s!ia!l'lr~vJ'tlie m~iilii11~·3:5s~gned ·; - :- • ,,;-~;,\' f\~~,~e~i>;;Jt :~er Jhe, ~t~, ,~sh ,B~~!2~vm:D: Jal;San,~~3!1 ,A~1:!11yam, ;:ct':r ~tz. -~:~''!,' ~~~ Jt-1965 ,; . - ~1E':qr1,) t.;;:,: ':J.Jtn~J ,s:;;"', ,.;!·:;;· ;:,:::n.I·CT°?''~H,:t t ,~-r u»::;!,~ ,: - L ,},; .,· , , .. · (iii)l:."competent authority"<means. an auµiorjty-appointed.n·by the :1e:,H . <, , . , , State (;overnment by notifi~tion to perform the, duties and exercise the . ""'. -.. 'powers imposed or conferred upon· a com~ten~'authority by· this Act ; , . . and different competent authorities may · be ·· · appointed -in respect ~,:: "\:';'1;,itof.different :classes of timber, fruit . ~d other trees, , and for .different i 8hil!~r-~.\urposes1;r.JJ)~1 :'.-d:'· Vi Hmfa · , .. -.-, ., · r :-:- '.'""·' ,,.·1-~ .. ,.,~ • -1--· 'I"'. - . . - . I ,. ·""''"' • '. ,Of \. :";,i~.-",/,' >J!vr ~vision~~ !<>~t ~~~"'means an officer incharge of a fo~est ., '\L0:: 'f\: d1V1S1on ·and exerasmg 1unsd1ctton over · the area ; , ; , : c ~. : . {v) "fell a tree", with its cognate- expressions, means cutting,' girdl .y~t.<:.: . .\ i,ing,i Lopping.- pollarding or damaging a tree in :any <>ther: manner ; .. {~1:~t:->.·;:H:·?t!'!i(vi) '"''GovemmenCgarden" means a piece· of land belonging to the .;: Central or State Government used for growing flowers, fruit or vege . tables or for planting or raising trees, and includes a gro:ve land belong ing to • the · Central ot: State Government ; · · ' . . (;ii) "hill area" mea~s the districts of Almora, Pithoragarh, Garhwal, Chamo1i, • Tehri-Garhwal and Uttarkashi and the hill pattis of district Naini Tai and areas of Chakarata Tahisl and Mussoorie Municipal Board of De hra Dun district but does not include any Cantonment area ; ;,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 and by the Uttar Pradesh Legislative Council on November 10, 1976). (Received the Assent of the Governor on November 19, 1976 under article 200, of the Constitution of India and was published in Part I (a) of the Legislatative SupPlement of the Uttar Pradesh Gazette (Extraordinary), dated November 22, 1976). / Pria: 40 l'aix ... -- ... . -. ' '. ; ,,: .·'·'. : .· .;, . . .,}'.·.f(i''.''tt:'·}::·:,\;; ;;fr:!'.' 'J·.l},,·;· ""lt4..fk"'''+ ·' (viii} "holding':' and "'tenure holder " shaJ.r·h:ave ·the'meaning assigned ' to them in the Uttar Pradesli Zain indari Abolition and Land Reform s .J,r), . Act, 1950 ; . (ix) "public premises" shall have th e meaning assigned to it in the Uttar Pradesh Public Premises (Ev iction of Unauthorised Occupants)~ Act, 1972 ; (x) "revising authority" means an a uthority appointed by the State Government as revising authority u nder this Act ; (xi) "tree" means any woody plant w hose branches spring from and are supported upon a trunk or body and whose trunk or body is not less than five centimetre in diameter at a height of thirty centimetres from the ground level and is not less th an one metre in height from the ground level, and . the expressions "t imber trees" and "fruit trees" mean s respectively the trees of the species specified in Schedule I and Schedul e ll respectively : r Provided that the State Governmen t ,may by· notification . add to or modify the Schedules : . . . . . . . (xii) "mban area" ~eans an ~e~ (not be ing a hill . area), . which is ··· included within the limits of a Nagar Mahapali ka, Municipal Board, .. , . Notified Area Committee, Town . A rea . 9>mmittee, Cantonment Board ·:""· or of a Devel?!?Fee,~. ~~~~tt!I ; [ ' < "•)''! );i ,,,. -' ; · ; ' ·:,; . ,,, ... (xiii) .. :words,,~Il<i j~pressio~s" ~sed in .this 1, Act. .and , defined j . the Indian For~~t Act,: 192~,J as , a mem1ed ·:m .· .. iw.:1appliqti6n.<Jo U(t I:ad 1 esh, buedt not thdefine? inth thiAs :Act.c ~all '- ~~ye;,~ ~~~i~~ r~spec; t1ve y assign to em m at . et. . . . ·· ' , \· . ,' 4. · Except as provided -in: ·;: this A ct or ·the . rules made .thereunder, person shall : .(ti)' fell;af! e;~l~~~giH? -. ~Y, l~d, w hetherj1i1cI~fl'r1iJf~ .lh 1ng or 11? ~.. ,: ·in .. ·•.'.°" :,..., .,.,. . ,. , , . . , , .... ,.'.,.. r .. . .. '" ·. , . >: • ra1 to tet fej the or or laJ or to 111< be . (b)' . qit, remove . or,\otlierwise' ,du,pri$e .· o.f ,Jmy ·, ,. ~ . 0~ ·.···~ .... a. ,' .. which . is . completely . dead arid : has < fallen ': ·~u,i;oiii ' ,the ajc!;Jitf ihuµf't ' r:--;-m-:·.,~1:;r~~~~~i~~~~.r:;if~~t~~~:~.~#ffl~ef '' trees. , to fell a standing tree or to cut, r emove or ·othCI"Wlse d¥pose 1of a ~ ~fter,iJBaki~ .· such mquiry,1 as :i! thinb:fit , . ~t ,pe~io~}-'9' b\,P:,;~9.'.~ t~~ . ' . 'p;~tid~~t th~t:ii~:iefuir~iioh lliall:h~e be·:~~~sed':i1 1tti~t~ 11:~ris'tit . dan~ to .. per.s,c,~ er ,pro~rtr ·: : . .• ':, ;·, r·}) . ;'..:t; ~;: :;\' ,1,n11:, · . .i)r,;~;1ii'.l}:/~ ;:i;t :f ,y: ·· ·· ·. Provided further that' 'except · in ·s uch area ! as· may be :.notifie(}i.by:r:the' S Government . in this behalf such perm mion shall not be required ,for,~e ' > " '.' · of any tree ·.with· a . viewrto appropri iting • ~~ wood 9r leaye,s, th,ertj>ii for lJ.ona/'ff :: for puri:: ,~f·:~;:i~~·-,~~,~~ .:~pl~en:: \~ 11: i / . ·.l,: ~.L.· : ~---~ Wovided··aiso 'iliat such: iininediatefst t:ps .' as ' are .·· necess;rrY11tohgn:o-ve''x ::~et ~- fM ~~:i:v~?!~f~fi~'t*iJ~~;~\' ~I o]?ta~g per- made m such mann er .and contain . such ·particulars, as m ay be prescnbed. ,: 1 ithe m1~1on to fell or · ' " · ·' · ' · · · · · · · · · ,., I' ' , remove trcca. (2) The compe tent authority shall give his decisi on. in ~e case . of }( . .. · , .. fhe application in respect of .. any tree other than a tree growmg m:, forest, gr<?v~r? ~: pro or public premises, within ninet~ d3 :ys D:om the date of .receipt of su~ appl~caj~\ I ,: tion, and in the case of an apphcat1 on m respect of a fallen tree withm sev~it ;; t, days from the date 0£ receipt of s uch application. · ·. :, }gif!.I ·; (3) If the competent authority fails to give his decision within the tin l~J\ allowed by sub-section (2), the per mission referred to. in section !J sha ll be deemed to have been granted. (4) Any person aggrieved from the deci~ion o f ~he c?mpetent authori ty under sub-section (2) may make a r epresentation w1thm thirty days fro m the date of such decision, to the Revis ing Authority and his decision on such representation shall be final. offe tha, tab] <iin guiJ accc on · . · (5) Every permisssion granted . under . this . Act shall be in such form and su'bject to such conditions, induding taking of security for ensuring regene ration of the area and replanting of trees or otherwise, as may be prescribed. 7. Every person, to whom permission has been granted under this Act Obligation to to fell, cut, remove or dispute of any tree, shall be bound to plant and plant trees. tend two trees in place of every tree in the area, from where such tree has been felled, cut, removed or disposed of by him under such permission : Provided that the competent authority may £or reason to be recorded· in writing, permit lesser number of trees to be planted, or trees to be planted in any different area, or exempt any person from the obligation to plant or tend ~my tree. 8. (1) Where the Divisional Forest Officer is of opinion, on the basis of the report of a revenue officer, not below the rank of a Sub-Divisional Officer, or a Horticulture Officer, not below the rank of a District Harticulture Officer, or a Soil Conservation Officer not below the rank.of Bhoomi Sanrakshan Adhi kari or any forest officer not below the rank of Assistant Conservator of Forest, ot otherwise that trees should be planted in a blank .area, he may issue a notice to the owner, occupier or tenure-holder (hereinafter -referred to as claimant) of such area to show cause why trees .should not be planted in such area. as may Plantation of trees , in blank ·be,, specified in such notice. , · · " ' ·•· · · " " . ~' , :;;, , (2) The 110ti'ce referred to in sub-section (1) shall be given in such form and shall contain such particulars and shal~ be served in such manner as may . be prescribed. . •" . (S) TJi~ ~t>i~si~nal F~res/offi~er m;y,' "aft~ ·considering the .Jmt if atti, shown by the ,claimant, djrect him to plant such number and. class of trees ·as may be specified in the direction. . ; . . .· 1 ; . • , . ;,, -1 · (1) Any person aggrieved frolll, any direction give11 und~.~µf>:section '(3) area~ . ,roay !Wi-thin 80 days .. from . the da~ .ot ,u~ ?1:fection, prefer. an .~P,~, :CB: .9\e , ~!Pr of fp~~ coµcer11~. ,"'.~ose,~~,as1<>9 J~all be fpal.> .. ;:~:: 1:lifiifH · .1, : : 9 •. - ,i> . iv~, person ~~ ¥. urldd:. !iui .o~ligation to .p1a!1t tr~ iiiia~ . or 1mp~~: t:teotton:t·ol''to:w~ any; .d1rect10n hasibeen ,given:wider.isectio~Ahsball start ·~'."°~pafaioty"WGtk*within ninety· days, from. the date 9£1 ,the.peiuussiori;c:Pr1~e ·.C f1~ s:.'° ·<date 'of receipt of- direction, as the,case :inay .. be,rand;"Sball !plant tbe'.·,~:,1P ~ccordance with"such direction iiit the.·.next following: rairtyr;$eason ,or wi,,:hin: ' such extep.4ed .. time as the Divisional Forest Officer concerned Dl3.Y allow. < '.; ,, C • • ,<,. k' 0 I',' >l' -., 0 ' < 0 ,' ! C • "> J > ' L' !/ • 1 '.,) ,r:. • ·· (2) In case".<>f default by such .person the Di~ional Fprest'.Officer·a'.-JJ1ay' :··1:ause ·trees to be planted and may\recover ~e cost of plantation from~ L person in ther p~stribed mann~. ·· , . . .. ,·. : . , . ,:,· .: · . ; : : • '"t ' j \ \"\.,..,.' ! ~, .,,,, . .. ,JO. ,lVhocver fells. oi: ql;lSes t<> be felled any standing tree; or·~uts;re,moves Penalty forfell . \ot 'othefiv;se <lisposes· of ·any' fallen "tree~ in contravention·· of the ; provisions of mg: or mnova1 .' -~ctwn·4; 9;r'. cdn~;ivenes any 'condition'of ~Y" peimiss,on granted,\!: tmder: this !!!=~~,:,i; t;.Act,.shall ;Jje' punished with imprisonment whicb':may'atend 'to -six 1 months acction 4. for wiili fine' which may extend to one thousand rupees or with 'both~' .. f'.i:'' ;>-··,.).>:,<; ~.),:.- . f :a:~) -~· ) l?.< :,i~,,-~::; ~·\t ,};. c'J<~t).:t ·~,:il ·:}ni ~, . : 1 I. (1) If the person committing an offence , under this r :Act -· is r. a Offences ,company, the company as well as .every person iricharge of and responsible to companies. , the Company for the conduct of its business at the time of the commission of the offem.e shall be deemed to be guilty of the offence and shall he liable to be proceeded against. and punished accordingly : Provided that nothing contained in this sub-section shall render any such person liable to any -punishment provided in this Act, if he proves that L the· offence was committed without his knowledge or that he exercised all due : diligence to pre,·ent the commission of such offence. (2) Notwithstanding anythfrig contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence was committed with the oonsent or connivance of, or is attribu table to. any neglect on the part of any managing agent, Secretary, treasmer, director, manager or other officer of the Company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished . :accordinly. by Explanation-For the purposes of this section (a} "company" means any body corporate and in cludes a firm or other associati.on of individuals ; and (b) "director" in relation to a firm means a par tner in the firm. Forfeiture or 12. (1) 'Where any person is convicted of an offence under this Act timber. any timber or the tree in respe ct of which an offence is committed and the implements used for fellilllg such trees may be ordered by the court to be forfeited to Government. (2) Any timber forfeited under this section sha ll be disposed of by the competent authority in such manner as may be prescribed. Power to arrest 13. (1) Any forest officer no t below the rank of a Forest Ranger or police 1rithout warrant. officer, not below the rank of a Sub-Inspector, may without a warrant, arrest any person against whom there is reason to belie ve that he has been concerned in any offence under this Act : Provided that in relation to the hill area the ref erence to Sub-Inspector in this sub-section shall be construed as a reference to Naib Tehsildar. ·· (2) · Every officer making an airest under this section shall, w ithout uri~ necessary delay and subject to the provisions .o f this Act as to release on bond, take or send the perso1 1 arrested before ~ e Magistrate having jurisdic- tion in the case, or to the officer-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, b efore the Magistrate having jurisdiction in the case. · 14. (l} When there is reason to believe that an y tree has been felled or. cut or reD;1oved in ~ntravention of the provis ions of this Act, the wood ' of such tr~, 'togethef with ~at, vehicle, carrier or cattle, if any, used in such contravention may be seized by any Forest Officer not beww the rank' of a Forest Ranger or any' police officer not below the rank of a Sub-Inspector, or any other ~n empowered in. this behalf by the St ate Government. · ·.' , .c < <1,.II' 't'-'),. ,' 't, ' } , ?- '',;, .': , ,;., ; , • ". ., . '·· rnn ~ 1(2)'t; F:very seizure, under this section shall be re ported to the:.Magistra havinifiurisdictipn 'to try the: offence on account of which the seizure has , made, .:and.' such,.:timber, ,boat;~vehide,· carrier or cat tle .shall, subject :to ' order otsuch Magistrate, be disposed of in ~e :e rescribed manner. , . , · (3t,Any 'fo~r~~ o? '~1ice ; officer' who vexatiously and unneres~rify arrests 01" 'Seizes:any property 'OD pretence of Suc h property being liable to rfmneit~ Ondet:tthis lcAtt: : shall 1~be p~nisha ble · with. impri~~~n.L:!9 ·· Contravention of Act to be re ported by certain officers. a term which may .ex.tend to six months or with fine which may extend~~ five hundred rupees or with both. . ; ·- 15 , ·:/(I) : The' Sta~· ~;~~~~nt may by notification authoris e'. a11y i>ffi . to· accept {mm, ,any person against whom there is reason to believe t'I!a\ 4~: . commit~ pffence under,.this:,·~ct. in respect of any .tree °,ther. .than tree situate in. a fore5,t, grove or,.public premises, s uch sum of money noFexc · ing ~ 75,000 by way o f oomposition for the offence which such person · is s 1: pected to have committed. - . ,· . , · · (2) On the pa:yment of such' sum of money to any such Officer; th.e s ' . pected .person if in Fustody, sh~ll be released and no further pi:oceedin~ under.;~ this Act shall be taken agamst suc};i pers on and notwithstandmg any thincr contained in section 14, such officer may on payment of such amount, not exc~ding five thousand rupees as he may in the circumstances of the case think fit, release the property seized under this A ct. 16. · It shall be the duty of every Forest Offic er, Lekhpal, Pancha~ • Secretary, -Police Constable, Assistant Horticultu re Inspector or Assistant Soil Conservation Inspector or any officer superior to them (a) to give immediate information coming to h is knowledge, of any contravention o{ section 4 and of preparation to commit such contraven tion to the competent authority, and (b) to take all reasonable measures in his pow er to prevent su0 oontravention which he may know or have reas on to believe that 1t is about or likely to be committed. the s ; hnd :ig an .. mt, npt·· he case: 17. The award of penalty or confiscation of any property under this Act shall not preYcnt the inflicting of any punishment to '\\1hich the person affected thereby is liable under any other law. ·· ~ward of pe nalty ·or confis cation not to interfere with other punishment. 18. The officers exerosmg poM:n, or dischargi11g any duties or functions Officers to be under this Act shall be deemed to be public servants within the mt·;ming of public servants. 1section 21 of the Indian Penal Code. 19. Any sum, including any amount for composition of an offence. the payment of which has been directed to be made by any person under this Act shall, without prejudice to any other mode of recovery under any law for the time being in t'.>•·cc, be 1c,,.,,-;:il)1 c f1u,1J 11irn. a~ ;m :irrear of bnd reH::nue. 20. No suit or proceedings shall lie against the State Gm·ernment or against :my person empowered to exercise power or to perform duties or discharge functions under this Acr, for anything in good fairh done or purpor ting to be done under this Act. 21. Subject to 1,uch conditions, if any, as may be imposed, the State Government may, if it is considered necessary so to do in the public interest by notification in the Official . Gazette, exempt any area or any species of trees from all or any of the provisions of this Act. r;· 1 .. , Execution or order for pay ment ofmoney. Bar of Proceed ings. Exemption. !! :l '.I ~ 22. The provisions of the Act shall be in addition to and --not .. ·in derogation of the provisions of any other.law for the time being in.(~rce prohibiting o.r regulating the felling of trees. t~~~~n to i! 1 ~.'.' in ··addition to ~ any other Law ij for the time 23. (1) . The State Government may in the interest of general public, declare by notification that any class of : trees shall not be felled for such period as is specified in that notification. · . '(2) The management of such trees shall be ~lated - in · the presaibed manner. being in force .. Power of the State Govern ment for preser vation of trees. 24 .. The State Government may:by notification inake rules to cartTIOUt . Power to ~e the Purposes Of this ·"'et " · -·'oHi, . ·.. · , . . · ·· .;, 1:.,. ·. rules. , n . : ;· ;r "h,~''./"f·-: . ..,---· ... ,.,.., ·. ,:.}; (1 ··-,f~>r):,r:,.,,;. . ., . , ·. . ., . ·- /. ·."' ; . . . - .:":tr:; ,,, ''ltej,eal and 25. (1) TI1e Uttar Pradesh Protection.of Trees in R~al Areas Ordinance,· sav:ngsi. · 1976 is hereby repealed. · (2) Notwithstanding such repeal any thing done or any action taken ;~der the aforesaid Ordinance shall be deemed to have been. done or taken .under this Act as if this Act were in force at all material times. SCHEI>ULE I (TIMBER TREES). [See SEC'llON 3 (XI~ ] ... ·~ SL no. Common N:ame Botanical Name· I Akhrot 2 Arjum 3 Am 4 Imli 5 Kardhai 6 7 8 9 10 11 Kanju Kusum Kail Kharslm Khair Gutel J uglans regia Terminalia arjuna Mangifera indica Tamarindus indica Anogeissus pendula Holoptelea integrifolia Schleichera Trijuga Pinus excelsa Quercus Semecarpifoha Acacia catechu Trewia nudiflora -----------· ,, i ~ SI. no. C.Ommon Name 12 Dhau/Bakli 13· Chandan 14 Chamkharik 15 Chironji 16 Cllil 17 Jamun 18 Dhak-Palas 19 Tuni 20 Tun 21 Tendu 22 Deodar 23 Neem 24 Papri/Sansadu/Chikri 25 Phaliyant 26 Bakain 27 Bahera 28 Banj 29 Mahua 30 Morinda 31 Moru 32 Raj< .... , .. •. l; 83 Rianj · 34 Shisham 35. . Salai ,J 36 Sagaon, 37 Sal . 38 Siris .. 39 Sain/Asna 40 Serna!.· 41 Harr 42 Haldu \ Anogeissus latifolia Santalum album Carpinus viminca Buchanania latifolia Pinus roxburgii Sygyzi um cumini Hutea Monosprenna• • (For Mirzapur, Varanasi. Banda and Jhansi d\S tricts only) Cedrella Serrata Cedrella toona Dio~pirous tomentosa Cedrus Deodara Azadirachta indica Bux~ · Sempervirens .· Quercus glauca' • Melia azedarach Terminalia belerica Quercus incona Terminalia belerica. · .. Ab~es p~drow•. ;. Q~ercus dilatata . ; Picea inorinda '. Quercus· r.anuginosa · ''.Dalbet:gia·.:sissoo,,,,-4}"1''), ;. :~~1m.:- serrata: · ,, , . , .1 T~&~P.~~~ffll~~ Shorea robusta · ;. , A,l?i#~, sfficies !} ". . . , : . ,: .; . Xeu4i:µaHa 'tQm~ntosa: Salmalia 1melabarica .. T~bninalia chebula Adina· cordifolio ,--. -~, - .. -•·":--: .... ~::"'f..-,;:~., .-,,-.,.,..r -.-. -:: ;-. -:-, ~, ~,~--~ SCHEDULE II .. (FRUIT TREES) Sl.-no. l 2 3 4 5 6 7 8 9 Common Name Anar Amro.od Aroo Aloobukhara Am Aonla Kathal KJrnbani Xaspati \ 't-:<' -:7' ,f , . ;·;; ... c; '4,"'r" ' [See SE(?TION 8 (XI) } ··· · • · · Botanical Name Ptinica Grariutum Psidium Guyava Prunus perrico Prunnc: communis ::\1 angifera indica Emhlica officinale :\rtocarpus integrifolia Pnmus anneniaca Pyrus c:ommunis PSUP-A, P.46.'I- Sa (Vi<foayaka)--3l-1-T-43~9-l97',--J833 f\.1) le No. 1425 (2)/XVII-V-1- 1 (KA)-21-1998 Dated Lucknow, July 29, 1998 IN pursua nce of the provisions of clause (3) of Article 348 of the Constitution of India, the O o'vernor Is pleased to order the publica tion of the following Boglish translation of the Uttar Pradcsb Q ramin aur Parvatlya Kshctra Men Vriksha Saroatahan (Sansb 3dhan) Adhiniyam, 1998 (Ut tar Pra desb Adhi oiyem Sankbya 28 er 1998 ) u passed by the Utta.r Prad.esb I.eg islature ar,d as£ented to by the Governor o n 1uly 28 1998. Short. title and commenccmeot THE 'UTTAR PRADESH PROTECTION OF TREES IN RURAL AND HILi:, ARE AS (AMENDMENT) ACT, 1993 ·cu.P. AcT No. 28 OP 1998) (..41 JN1&1ed iy the Uttar Prader/, Le1l1lature) AN ACT to amend the Uttar Pradesh Proteetion o/Trees fn Rural and Hill Areas ..4ct, 1976. I T IS HEREBY enacted in the Forty-nint h Year o f the Republic of I ndia as follows : 1. (I) Th.is Aot may be callod the Uttar Pradesb Protection o f Trees 10 Rural a nd Hill Areas (Awondmeot)Act, 1998. (2) It shall come into force on 1ucb date, as the State Oovcmmoot may, by notifioatioo, appoint in this behalf. • < • ---------------------------------2. In the long title of the uttar Pradosh Protection of Treos in Rural and Hill Areas Act, 1976, heroinafter referred to as the, principal Act, the words "rural and hill aroas of" shall bo omitted. , ;f'i~ ,---'~ . .,...~-----......... """" Amendment of long title of U. P. Act no. 4S of 1976 a. In section l of the principal Act, for sub-section (1) the, following Amendment of s111>-soction shall be substituted, namely :- section 1 ''(I) This Aot may bo called the Uttar Pradesh Protection of Treo.s Act, 1976." 4. In section 2 of the principal Act, for clausos(c) and (d) the Amendment of following olause shall be 1ul>ltltuted, namely :- section 2 "( c) troes situate in cantonment area." S, After section 24 of the principal Act, the following section shall Substitution of be Inserted, namely ,- new section 24-A '-24-A On and from the commencement of the Uttar Praclesh Protection of Trees In Rural and Hill Areas vi~i!~sit~z P1~ (Amendment) Act, 1998, any reference to the chao&o of name Uttar Pradesh protection of Trees in Rural of tJ. P. Act and Hill Areas Act, 1976 in any law or no. 45 of 1976 statutory instrument shall be construed as a reference to the Uttar Pradesh Protection of Trees Act. 1976." BJ order, Y. R. TRIPATm,. Pramllkh Saclti,. ifto~OIJ..o lfte--1:{fl tfto 84 mo f~m-(sss)--1999-sso (itlfio) I No. 993(2)/XV II-V-l- l (KA)5/200l Dated LucknoW, April 30, 2001 IN pursuance of the provisions of clause (3) of Article 348 of UK:- Constitutioii; ihe Gov~mor is pleasell to order ·the publication of tbe following English translation of the U11ar Pr,adcsh Vriksha Sanrakshan (Sanshodhan) Aclli.iniyam, 2001, (Uuar Pradcsh Adhiniyam Sanklly;l 12:of 2001) as passed.by . . . . . the utiar ·Pradcsh Legislature and ;lSSCllted to by U1e Govemor on April 30. 2001 alongwilh U1e Statement "- of Objects and Rc~ns 'thereto:- · · · · · THE un:AR PRADESH PROTECTION OF TREES * · . . (AMENDMEN'f) A·CT, 2001 (U. P. Act No. 12 of 2001) {As pas~ed by the Vilar Pradesh Legislature] ·AN Acr Ju,-1//er to am.end the Uitai,Pradesh Pro(ection of Trees Act, 1976: • .. . ' . '.~.· · . •. . . • ·'1' . • :·· ~· · · * • • II Is IIEREllY enacted in Uie Fiffy-second Y car of Ute Republic or India as follows : 1. (1) This Act may be called the Uttar Pradesh Protection of Trees Short title and (Amendment) Act, 200l: commence mellt · ' (2) ll shall be deemed to have come into force on February 24, 20.01. <. • • ' ' J . . ·; ... ,·.;·., '· . . . ' ·, ' . . • . ,. ' ;: ,· ;;·: 1, . ... ·' 4 Substitution of sections 5 and · 6. of U.P. Act no. 45 of 1976 Repeal and savings , 2. For sections 5 and 6 of the Uttar Pradesh Protection of Trees Act, 1976, hereinafter referred to as the Principal Act, tile following sections shall b6 substituted, · namely: "5(1) Any person entitled to fell a standing tree or to cu~. remove or other Procedure for wise dispose of a fallen tree, may inakc an application permission to . to such officer in sucb fonn as may be notified by .the fell or remove · . trees State Govemment, for pc rmission to fell such standing tree or to cut, remove or. otherwise dispose of such fallen tree and the officer to -whom such application is made, shitll, within twenty days after making such enquuy as he U1inks fit, forward the application along ·witl1 his report to. the competent authority. · · (2) tlie competent authority shall, within fifteen days from the date of receipt of the report uru:fer su"b-section (1), grallt or refuse the permission applied for: Provided that the competent authority may, if he is not satisfied with tlte repon made under sub-section (1 ), make such fun:her enquiry as he thinks fit: • < ~ ·" Provided furU1er that such pennission shall not be refused wiU1out affording U1e opportunity of hearing to the appli~ant: . . . Provided also that sudi permission shall not be refused if the tree constitutes da~ger to person or property: Provided further tliat except in such areas as may be ·notified by t11e State Government in this behalf, such permission shall not ® required for felling of any tree· with a view to appropriating tl1e wood or leaves tl1crcof for bona fide use for purposes of fu el, foddl.':r, agricultural implCJncuts or 0U1cr dom~slic use: Provided also that such immediate steps as arc necessary to remove any obstruction or nuisance or to prevent any danger may be taken without such pcnnission. (3) Where Ilic cotl}petcnt authority fµils to take any decision under sub-section (2) within U1e lime specified tl1crcfor, it shall be deemed that tl1e permission applied for, has been granted. (4) Everr permission granted under this Act shall be subject to such conditions, including taking of security for ensuring regeneration of tl1e ,area au<;) replanting of trees or otherwise, as may be spcfificd from time to time by the State Government by notification. · · 6. Any person aggrieved from the decision of l11e competent authority Representation under section 5 may make a representation wiU1in against the thirty days from the date of such dccisien to the decision of the Revising AuU1ority and the decision of the Revising Compc!ent . Audiority on such representation shall be final." . Authonty 3. (I) The Uuar Pradesh Protection of Trees (Amendment) Ordinance, 2001 is hereby repealed. (2) Notwithstanding c;uch repeal, anytl1ing done or any action taken under the provisions of the Principal Act as amended by the Ordinance referred to in sub-section (l); shall be deemed to have been done or taken under the corresponding provisions of U1e Principal Act as amended by t11is Act as if this Act were inforce at all material times. By order, Y. R. TRIPATUI Pramukli Sachiv. U.P. Ordi nance no. 5 of 2001 , ~ ~T '3IBTm{llf 1MZ, 30 ., 200 l 5 STATEMENT or onmcrs AND REASONS Sections 5 and 6 of U1eUu.ar Pradesh Prolcclion of Trees Act, 1976 provided, inter alia, lhat U1c tent authority may, on the applk-alion of any person entitled to fell a standing tree or to cut, remove erwise dispose of a fallen tree, after making such inquiry as he thinks fit, grant pennission to do so at tllc <..'Ol)!petent aulhorHy sh.~I give llis decision in !he case of an application in respect of any tree than a tree standing in a forest, grove or public prcmi ses, within ninety days from the d:H,· of the t of d1c application, and, in die case of an application in respect of a fallen tree, wit11in !i4.: n:n days the date of receipt of the application. The general public was facing difficulty i"1 obtaining such ission and consequently losing interest in plantalion. Therefore, wit11 a view to motivacc &he general towards plantation it was decided to amend the said Act for simplifying the procedure for obtaining ission to fell or remove trees. Since d1e Stale Legislature was not in session and immediate lcgislalive action was necessary ·. plcment the aforesaid decision, the Uuar Pradcsh 'Protection of Trees (Amendment) Ordinance. 2001 P. Orµiuancc no. 5 of 2001) was promulgated by the Govcmor on February 24, 2001. TI1is Bill is ilJtroduccd to replace the aforesaid Ordinance. : ""' l 1 l