Section 3 in The Maharashtra Felling Of Trees (Regulation) Act 1964
3. Restriction on felling of trees.
(1)Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, 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.(1A)If any person wishes to fell a tree, he shall apply in writing to the Tree Officer empowered under sub-section (1) for permission in that behalf.(1B)The Tree Officer on receipt of an application—(a)shall acknowledge the application within seven days;(b)may, after due enquiry, either grant or refuse the permission applied for in accordance with the provisions of rules made under Sec. 15:Provided that, no such permission shall be refused if the tree is dead, diseased or wind fallen, or if it has silver-culture matured, or if it constitutes obstruction to traffic, or if it is substantially damaged or destroyed by fire, lightning, rain, or other natural causes, or if it constitutes an obstruction to efficient cultivation.Provided further that such permission shall be granted subject to the condition that the applicant shall plant equal number of tree of the same or any other species as the Tree Officer may direct on the same site or other suitable place in the vicinity in the ensuing planting season.(1C)If the Tree Officer fails to inform the applicant of his decision within [hundred days] from the date of acknowledgment of the application, or from the date of receipt of the application if not acknowledged, the permission applied for shall deemed to have been granted.(2)Any person aggrieved by an order of the Revenue Officer refusing to grant permission under sub-section (1B) may, within thirty days of the receipt of such order, appeal to the Collector. Subject to such rules of procedure as may be prescribed, the Collector may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper.
