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Risk Assessment Criteria for Tree Felling

 

For felling of any tree (Scheduled or otherwise), the following Risk Assessment Criteria are defined:

High Risk: For all such trees, felling permission of the Tree officer is mandatory for felling. The following are the criteria for High Risk Trees:

·        The trees being felled fall belong to 15 species specified under Maharashtra Felling of Trees (Regulation) Act, 1964. For the district of Sindhudurg, a further 7 species have been classified as High Risk.

·        The trees to be felled are within 30 meters of the bank of any water source, nala, stream, rivulet, etc.

·        In sites forming part of a holding containing uncultivable land in which economic cultivation of field crops is not possible, whether the tree growth is less than 50 trees per hectare or its proportion as applicable.

 For trees not belonging to 15 species specified under Maharashtra Felling of Trees (Regulation) Act, 1964 or not falling under property having the criteria as categorized above as High Risk,no tree felling permits are required.

 The Maharashtra Felling of Trees Regulation Act 1964:- This Act and the rules made there under are applicable to areas excluding urban areas for regulation of felling of trees specified in the Schedule attached with the act. Presently there are 15 species included in the Schedule applicable for all over State of Maharashtra and additional 7 species included only for Sindhudurg district.

1 Terminalia chebula   2 Santalum album 3 Terminalia peniculata 4 Tectona grandis 5 Pterocarpus marsupium   6 Hardwickia binata 7 Madhuca latifolila 8 Adina cordifolia 9 Eugenia jambolana 10 Mangifera indica  11 Ougelnia dalbergioidies 12 Mangrove 13 Acacia catechu 14 Terminalia tomentosa 15 Nothopodytes nimmoniana/Nothopodytes foetida

Additional scheduled trees species for Sindhudurg District only
1 Dalbergia latifolia
2 Gmelina arboria
3 Lagerstroemia lanceolata
4 Terminalia belerica
5 Strychnes nuxvomica
6 Euginia zeylanica
7 Terminalia arjuna

“Tree Officer”, who happens to be a Range Forest Officer is the authority to grant the felling permission.District Collector is the Appellate Authority. 
The Sample filled format of Application Documents required (Original Copies) for felling of trees under Mah. Felling of Trees (Regulation) Act, 1964 alongwith Application.

1 A copy of 7/12 from Talathi indicating details of Trees. 2 If the owner is more than one as per 7/12, then consent letter of each owner with Photographs from Setu.
3 Village form No. 8-A from Talathi. 4 A copy of Record of Rights, Mutation Register from Tahasildar
5 Map of related Survey No. (Settlement/Remeasurement/consolidation map) and in case the survey number is adjoining to Govt land, certified land from Tahsildar. 6 Boundary Certificate indicating names of  adjoining Land owners and the Survey Nos.  from Talathi.
7 Certificate from Tahsildar/Naib Tahsildar regarding ownership of  land and trees in case of Class I Land owner (Bhogwatdar-l) and from SDO/Tahsildar in case of  Class-II Land  owner (Bhogwatdar-II). 8 Caste Certificate from Tahsildar/Naib Tahsildar, if the applicant belongs to scheduled tribe, the certificate is to be from SDO, Revenue.
9 Details of trees as per Survey No.   10 Permission from Collector in case of trees within 30 meters of the extreme edge of the bank or any  water course, spring or tank.*
11 Permission  from Collector in case if the tree growth in the uncultivable land is less in proposition to 20 trees  per acre.*   12

Undertaking to plant trees as specified by tree officer.

 

As per the Maharashtra Land Revenue (Regulation of right to trees etc.) Rules 1967. (Note: If the authorized officer to issue the certificate is different than indicated above, then certificate from such authorized officer of the concerned department need to be attached.) 


Replanting requirement: As per section 3(1B) of the Maharashtra felling of Trees (Regulation) Act, 1964; the permission to fell trees shall be granted subject to the condition that the applicant shall plant equal number of trees 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 plantation season.

Inspection procedure, guidelines and time limit.

S.No.
Particulars
Time Limit
1
Issuing Acknowledgement to the Applicant: Verification of application and accompanying documents to ascertain completeness of the application as indicated at the Website and major issues given below:
a) To ascertain the ownership of the application over land and Trees. If the applicant is Bhogawatdar-II, whether the certificate from appropriate authority is attached.
b) If the caste of applicant is scheduled Tribe, whether the certificate from appropriate authority is attached.
c) To ascertain the location and shape of the survey number same as per settlement, remeasurement and consolidation maps provided by the applicant.
d) The said Survey number is not a part of notified Reserve forests/protected forests/ zudpi jungle/ unclassed forests/ acquired private forests /identified forests.
e) Whether the applicant’s land is adjoining to Govt. land, if so survey map by TILR attached or not.
7 days
2 Tree Officer will arrange for forest survey when the applicant’s land is adjoining to Govt. forest land for verification of boundary through TILR map provided by the applicant and other relevant documents. He will also arrange for joint survey (forest surveyor and TILR) if required. The concerned Round Officer shall be present at the time of survey. 15 days
3

Tree officer will send all the case papers to concerned Round Officer for document verification and field inspection.
        The Round Officer shall –
a)           Verify the details mentioned in the application, 7/12 extract and attached documents.
b)           Check boundary of Survey number as per map provided by the applicant and ensure that the trees required to be felled are within the Survey number and belongs to occupants only and no other trees are included.
c)            Verify the list of trees species-wise, girth-class wise, as given in the application and correct the same, if necessary, and also record the status of the trees – dead, dying, diseased, silviculturally matured etc.
d)           Verify whether permission is obtained from District Collector for felling of trees within 30 meters of extreme edge of the bank of any watercourse.
e)           Verify whether permission obtained from District Collector, in case, if the tree growth in the uncultivable land is less in proportion to 20 trees per acre.
f)            Collect NOC from adjoining land owners as per boundary certificate.
g)           Verify the consent letter of remaining occupants mentioned in 7/12 for felling of trees.

h)           Drawing the Panchanama, regarding the above observations and submit report alongwith recommendation to the Tree Officer
15 days
4 Submission of report by Round Officer to the Tree Officer 2 days
5 Based on the observations/recommendations of Round Officer, the Tree Officer will call objections from public if any, by way of issuing Advertisement (Jahirnama ) in Grampanchayat, enquire into the objections received and process the application accordingly. 15 days
6









Field inspection and related enquiries by Tree Officer.
(a)  The Tree Officer on the basis of report received from the Round Officer and available documents and after field inspection and making necessary enquiry will ensure that   the trees to be felled belong to occupant and no other trees are included. 
(b)   The Tree Officer will  decide the species-wise number of trees to be permitted to fell after inspecting the status of trees, as per Maharashtra Felling of Trees (Regulation) Act 1964 and Rules made there under.
(c)  The tree officer may also decide the number of trees to be planted by the applicant, if necessary, in the ensuing rainy season.

 

7

 Communication of decision by the tree officer to the applicant. 3 days