3[(1) This Act may be called the Uttar Pradesh Protection of Trees Act, 1976.]

(2) It extends to the whole of Uttar Pradesh.

(3) It shall come into force at once.

This Act shall not apply to

(a) trees situate in reserved and protected forests;

(b) trees situate in a forest or forest land in respect of which any notification under the Indian Forest Act, 1927 as amended in its application to Uttar Pradesh is in force;

4[(c) trees situate in cantonment area;]

(d) trees situate in a Government garden or on land held by the Government.

In this Act, unless there is anything repugnant in the context

(i) blank area means any piece of land (not being under cultivation) measuring one-half of a hectare or more, which has five or less trees growing on it;

(ii) Bhoomi Sanrakshan Adhikari shall have the meaning assigned to it under the Uttar Pradesh Bhoomi Evam Jal Sanrakshan Adhiniyam, 1963;

(iii) competent authority means an authority appointed by the State Government by notification to perform the duties and exercise the powers imposed or conferred upon a competent authority by this Act; and different competent authorities may be appointed in respect of different classes of timber, fruit and other trees, and for different purposes;

(iv) Divisional Forest Officer means an officer incharge of a forest division and exercising jurisdiction over the area;

(v) fell a tree , with its cognate expressions, means cutting, girdling, lopping, pollarding or damaging a tree in any other manner;

(vi) Government garden means a piece of land belonging to the Central or State Government used for growing flowers, fruit or vegetables or for planting or raising trees, and includes a grove land belonging to the Central or State Government;

(vii) hill area means the districts of Almora, Pithoragarh, Garhwal, Chamoli, Tehri-Garhwal and Uttarkashi and the hill parties of district Naini Tal and areas of Chakrata Tahsil and Mussoorie Municipal Board of Dehra Dun district but does not include any Cantonment area;

(viii) holding and tenure-holder shall have the meaning assigned to them in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;

(ix) public premises shall have the meaning assigned to it in the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972;

(x) revising authority means an authority appointed by the State Government as revising authority under this Act;

(xi) tree means any woody plant whose branches spring from and are supported upon a trunk or body and whose trunk or body is not less than five centimetres in diameter at a height of thirty centimetres from the ground level and is not less than one metre in height from the ground level, and the expressions timber trees and fruit trees mean respectively the trees of the species specified in Schedule I and Schedule II respectively:

Provided that the State Government may by notification add to or modify the Schedules;

(xii) urban area means an area (not being a hill area), which is included within the limits of a Nagar Mahapalika, Municipal Board, Notified Area Committee, Town Area Committee, Cantonment Board or of a Development Authority;

(xiii) words and expressions used in this Act and defined in the Indian Forest Act, 1927, as amended in its application to Uttar Pradesh, but not defined in this Act shall have the meaning respectively assigned to them in that Act.

Except as provided in this Act or the rules made thereunder, no person shall

(a) fell any tree standing on any land, whether included in a holding or not;

(b) cut, remove or otherwise dispose of any tree other than a tree which is completely dead and has fallen without the aid of human agency on any such land.

5[(1) Any person entitled to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree, may make an application to such officer in such form as may be notified by the State Government, for permission 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, shall, within twenty days after making such enquiry as he thinks fit, forward the application along with his report to the competent authority.

(2) The competent authority shall, within fifteen days from the date of receipt of the report under sub-section (1), grant or refuse the permission applied for:

Provided that the competent authority may, if he is not satisfied with the report made under sub-section (1), make such further enquiry as he thinks fit:

Provided further that such permission shall not be refused without affording the opportunity of hearing to the applicant:

Provided also that such permission shall not be refused if the tree constitutes danger to person or property:

Provided further that except in such areas as may be notified by the State Government in this behalf, such permission shall not be required for felling of any tree with a view to appropriating the wood or leaves thereof for bona fide use for purposes of fuel, fodder, agricultural implements or other domestic use:

Provided also that such immediate steps as are necessary to remove any obstruction or nuisance or to prevent any danger may be taken without such permission.

(3) Where the competent authority fails to take any decision under sub-section (2) within the time specified therefor, it shall be deemed that the permission applied for, has been granted.

(4) Every permission granted under this Act shall be subject to such conditions, including taking of security for ensuring regeneration of the area and replanting of trees or otherwise, as may be specified from time to time by the State Government by notification.]

6[Any person aggrieved from the decision of the competent authority under Section 5 may make a representation within thirty days from the date of such decision to the Revising Authority and the decision of the Revising Authority on such representation shall be final.]

Every person, to whom permission has been granted under this Act to fell, cut, remove or dispose of any tree, shall be bound to plant and 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 for 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 any tree.

(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 Horticulture officer, or a Soil Conservation Officer, not below the rank of Bhoomi Sanrakshan Adhikari or any Forest Officer not below the rank of Assistant Conservator of Forest, or 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 be specified in such notice.

(2) The notice referred to in sub-section (1) shall be given in such form and shall contain such particulars and shall be served in such manner as may be prescribed.

(3) The Divisional Forest Officer may, after considering the cause, if any, shown by the claimant, direct him to plant such number and class of trees as may be specified in the direction.

(4) Any person aggrieved from any direction given under sub-section (3) may within 30 days from the date of such direction, prefer an appeal to the Conservator of Forests concerned, whose decision shall be final.

(1) Every person who is under an obligation to plant trees under Section 7 or to whom any direction has been given under Section 8 shall start preparatory work within ninety days, from the date of the permission or the date of receipt of direction, as the case may be, and shall plant the trees in accordance with such direction in the next following rainy season or within such extended time as the Divisional Forest Officer concerned may allow.

(2) In case of default by such person the Divisional Forest Officer may cause trees to be planted and may recover the cost of plantation from such person in the prescribed manner.

Whoever fells or causes to be felled any standing tree, or cuts, removes or otherwise disposes of any fallen tree, in contravention of the provisions of Section 4, or contravenes any condition of any permission granted under this Act, shall be punished with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of and responsible to the Company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be 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 the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything 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 consent or connivance of, or is attributable to any neglect on the part of any managing agent, secretary, treasurer, 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 accordingly.

Explanation. For the purposes of this section

(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.

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

(1) Any forest officer not below the rank of a Forest Ranger or police officer, 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-Tahsildar.

(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond, take or send the person arrested before the Magistrate having jurisdiction 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 executing a bond to appear, if and when so required, before the Magistrate having jurisdiction in the case.

(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 of such tree, together with boat, vehicle, carrier or cattle, if any, used in such contravention may be seized by any Forest Officer not below the rank of a Forest Ranger or any police officer not below the rank of a Sub-Inspector or any other person empowered in this behalf by the State Government.

(2) Every seizure under this section shall be reported to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made, and such timber, boat, vehicle, carrier or cattle shall, subject to the order of such Magistrate, be disposed of in the prescribed manner.

(3) Any forest officer or police officer who vexatiously and unnecessarily arrests or seizes any property on pretence of such property being liable to forfeiture under this Act shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.

(1) The State Government may by notification authorise any officer to accept from any person against whom there is reason to believe that he has committed offence under this Act in respect of any tree other than a tree situate in a forest, grove or public premises, such sum of money not exceeding Rs 5000 by way of composition for the offence which such person is suspected to have committed.

(2) On the payment of such sum of money to any such Officer, the suspected person if in custody, shall be released and no further proceedings under this Act shall be taken against such person and notwithstanding anything contained in Section 14, such officer may on payment of such amount, not exceeding five thousand rupees as he may in the circumstances of the case think fit, release the property seized under this Act.

It shall be the duty of ever Forest Officer, Lekhpal, Panchayat Secretary, Police Constable, Assistant Horticulture Inspector or Assistant Soil 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 contravention to the competent authority, and

(b) to take all reasonable measures in his power to prevent such contravention which he may know or have reason to believe that it is about or likely to be committed.

The award of penalty or confiscation of any property under this Act shall not prevent the inflicting of any punishment to which the person affected thereby is liable under any other law.

The officers exercising powers or discharging any duties or functions under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

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 force, be recoverable from him as an arrear of land revenue.

No suit or proceedings shall lie against the State Government or against any person empowered to exercise power or to perform duties or discharge functions under this Act, for anything in good faith done or purporting to be done under this Act.

Subject to such 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.

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 force prohibiting or regulating the felling of trees.

(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 regulated in the prescribed manner.

The State Government may by notification make rules to carry out the purposes of this Act.

7[24-A. Transitory provision on the change of name of U.P. Act No. 45 of 1976. On and from the commencement of the Uttar Pradesh Protection of Trees in Rural and Hill Areas (Amendment) Act, 1998, any reference to the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 in any law or statutory instrument shall be construed as a reference to the Uttar Pradesh Protection of Trees Act, 1976.

(1) The Uttar Pradesh Protection of Trees in Rural Areas Ordinance, 1976 (U.P. Ordinance No. 26 of 1976) is hereby repealed.

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

(TIMBER TREES)

[See Section 3(xi)]

(FRUIT TREES)

[See Section 3(xi)]

(FUEL TREES)

[See Section 3(xi)]

Trees other than those specified in Schedules I and II.

English translation of Parti Bhoomi Vikas Anubhag, Noti. No. 1939/14-P.B. V.-97-7-93, dated August 14, 1997, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 14th August, 1997, pp. 3-5 [AP 495]

In exercise of the powers under clauses (iii) and (x) of Section 3 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904) and in supersession of the Government Notification No. 72/XIV-3-377-76, dated 20th January, 1982, as amended from time to time and No. 4448/14 P.B.V./93-300 (31)-93, dated September 23, 1993 the Governor is pleased to appoint the following competent authorities and revising authorities to perform the duties and exercise the powers imposed or conferred upon a competent authority and a revising authority, respectively under the said Act for areas and different classes of trees as mentioned in the Schedule below:

SCHEDULE

A. For trees felling of which is prohibited under sub-section (1) of Section 23 of the aforesaid Act:

B. For trees felling of which is not prohibited under sub-section (1) of Section 23 of the aforesaid Act:

In exercise of the powers under Section 21 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976), the Governor in public interest is pleased to exempt from all the provisions of the Act, the following species of trees growing on individual cultivated or uncultivated holdings measuring up to two hectares:

English translation of Parti Bhoomi Vikas Anubhag, Noti. No. 1938/XIV-P.B. V.-97-7-93, dated August 14, 1997, published in the U.P. Gazette, Extra., Part 4, Section (Kha), p. 2 [AP 494]

In exercise of the powers under sub-section (1) of Section 23 of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), and in supersession of Government Notification No. 71/XIV-3-377-76, dated January 20, 1982 as amended from time to time, the Governor, in the interest of general public, is pleased to declare that the trees, other than trees situate in a forest or forest land of the following species shall not be felled till December 31, 2000 unless the tree is dead or is dying or it constitutes danger to person or property or its felling is necessary for executing a development work, approved by the Government and permission, in writing, to fell such tree has been obtained from the competent authority:

English translation of Van Anubhag-5, Noti. No. 2488/XIV-5 2002-7-93, dated December 28, 2002, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 28th December, 2002, pp. 6-11 [AP 838]

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification No. 2488/XIV-5 2002-7-93, dated December 28, 2002 under Section 5 of the Uttar Pradesh Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) to

(A) authorise the following enquiry officer to submit his report to the competent authority within prescribed time period from the date of the receipt of the application after conducting such enquiry, as he thinks fit, for felling of tree:

(1) Sub-Divisional Forest Officer/Asstt. Conservator of Forests; or

(2) Tahsildar; or

(3) Horticulture Inspector; and/or

(4) Forester;

(B) prescribe the amount of the security of Rs 100 per plant deposited by the applicant in the form of NSC or Post Office Saving Pass Book for six years and pledged to the competent authority by designation and this security will be refunded to the applicant after the seedlings, planted in lieu of felled trees, get established;

(C) prescribed the pro forma of (i) the application form provided in Section 5 as per Annexure One (Part-I), (ii) the report to be submitted by the enquiry officer as per Annexure One (Part-II), and (iii) the felling permit to be issued by the competent authority as per Annexure Two.

2. The Governor is further pleased to order that the competent authority shall maintain a Register for each financial year, including details of (i) Sl. No., (ii) Name and address of applicant, (iii) No. of tree applied for felling, specieswise and diameterwise, (iv) Name and Designation of the Enquiry Officer, (v) Date of issue of felling permit, (vi) No. of trees allowed for felling, specieswise and diameterwise, (vii) Date of rejection of the application, and (viii) Date of dispatch of permission/rejection letter etc.

Enclosure: As above

Name of the Forest Division ..

No. Financial Year

[Prescribed by the State Government under Section 5(1) of Uttar Pradesh Tree Protection (as Amended) Act, 1976]

To,

The Sub-Divisional Forest Officer/Divisional Director/Tahsildar/Horticulture Inspector/Forester

.. ..

District

Sir,

I/We .. S/o Shri resident of Village Post Tahsil District intend to fell and remove tree(s) from my/our private land holding, which are situated in Plot No. .. Rakba .. of my/our land falling in Tahsil . District .., as details given below:

2. I/We promise to plant and protect . No. of trees of species, before the end of rainy season falling immediately after felling of the trees.

3. I/We shall fell and remove the above tree(s) or I/We authorise Shri .. S/o Shri resident of Village Post . Tahsil . District . to fell and remove the above tree(s) for which the authority letter on a non-judicial stamp paper of Rs .., verified by Notary, is enclosed herewith.

4. I/We hereby enclose a Post Office Saving Bank Pass Book/NSC pledged to Competent Authority by the designation, for Rs . as security for planting and after care of two plants for each tree felled, @ Rs 100 per plant.

5. I/We enclose a self-addressed stamped envelope for communication of the decision of the Competent Authority by Registered A.D. Post, regarding tree felling or rejection of the application.

6. I/We have read the provisions of the Uttar Pradesh Tree Protection Act, 1976 and shall abide by them.

7. I/We verify that above information is correct and true to the best of my/our knowledge.

8. It is requested that the recommendation to fell or remove above tree(s) may kindly be forwarded to the Competent Authority in prescribed form in Part-II of this application form.

Enclosures:

1. Post Office Saving Pass Book/NSC as Security (in Original).

2. Self-addressed and stamped envelope for Registered A.D. Post.

3. Power of Attorney verified by Notary on Non-Judicial Stamp paper (in Original if applicable).

Signature of the applicant

Name

S/o Shri .

Resident of Village . Post

Tahsil .. District

Pin Code ..

Date:

Place:

(Part-II)

[Prescribed by the State Government under Section 5(1) of Uttar Pradesh Tree Protection (as Amended) Act, 1976]

To,

The Divisional Forest Officer/Divisional Director/District Horticulture Officer/Chief Development Officer/Additional District Magistrate (Development) District , U.P.

After making necessary enquiry I, the undersigned, verify that applicant Shri . S/o Shri . resident of Village Post Tahsil District .. has given true and correct information in the application form (Part-I). I have read the provisions of the Uttar Pradesh Tree Protection Act, 1976 and there will be no violation of the Act, by issuing the permit to fell/remove the said tree(s).

Or

After making necessary enquiry I am of the opinion that the application for felling permit submitted by the abovementioned applicant should be rejected on following ground(s).

(1) .

(2) .

With the above report, the application is forwarded for further necessary action.

Signature ..

Name

Date: Designation ..

Place: Seal .. .

By Registered A.D. Post

[Prescribed by the State Government under Section 5(4) of the Act]

Office of the Divisional Forest Officer, . No. ., Dated

To,

Shri .

S/o Shri . ..

Resident of Village .

Post . Tahsil

District

Pin Code .

On the basis of your application dated regarding issuing of permit for felling of tree(s) under Section 5 of the Uttar Pradesh Tree Protection Act, 1976 and the recommendation of Enquiry Officer permission is granted to fell/remove tree(s) as per details given below:

The above tree(s) are situated in Plot No. .. Rakba Tahsil . District . recorded in the name of Shri .. S/o Shri ..

2. The applicant has deposited security amount pledged to the Competent Authority by designation @ Rs 100 per plant in the form of Post Office Saving Pass Book/NSC for planting two seedlings and their after care in lieu of every tree felled. The security amount will be refunded after six years on establishment of said plants.

3. This felling permit will be valid till date

Or

Your application regarding issuing of permit for felling of tree(s) is rejected for the following reasons

(i) .

(ii) .

Signature of Competent Authority ..

Date:Name and Designation

Place:Seal ..

No. . dated as above.

Copy forwarded to the following for information and necessary action:

1. Sub-Divisional Forest Officer/Asstt. Conservator of Forests .

2. Tahsildar District

3. Horticulture Inspector District

4. Foresters . District

5. Station House (Police) Officer Districts

Divisional Forest Officer/

District Horticulture Officer/

Chief Development Officer/Add. District Magistrate (Development)

Note: Strike out whichever is not applicable

English translation of Van Anubhag-5, Noti. No. 1573/XIV-5-2008-3-2005, dated August 13, 2008, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 13th August, 2008, p. 2 [AP 462]

Whereas the State Government considers necessary so to do in the public interest:

Now therefore in exercise of powers under Section 21 of the Uttar Pradesh Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904) and with reference to the Government notification No. 328-14-5-2007-39-2005, dated February 20, 2007 the Governor is pleased to grant exemption to the extent that if the fruit bearing capacity of such tree of Aam (Mangifera indica-Deshi/Kalmi/Tukmi) has declined substantially, can also be felled with the written permission of the competent authority only within a period of four years from date of publication of this notification in the Gazette. The certificate of substantial decline in fruit bearing capacity of Aam shall be given by the concerned District Horticulture Officer.

English translation of Van Anubhag-5, Noti. No. 1111/XIV-5-2010-91-2010, dated July 14, 2010, published in the U.P. Gazette, Extra., Part 4, Section (Ka), dated 14th July, 2010, p. 2 [A.P. 282]

In exercise of the powers under Section 5 of the Uttar Pradesh Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) the Governor is pleased to notify that the competent authority shall be the officer to whom any person entitled to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree may make an application for permission to fell such standing tree or to cut, remove or otherwise dispose of such fallen tree and to direct that the said application shall be accompanied with a permission fee of Rs 100 (Rupees One hundred).

In exercise of the powers conferred under sub-section (1) of Section 23 of the Uttar Pradesh Protection of Trees Act, 1976 (U.P. Act No. 45 of 1976) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 1 of 1904), and in supersession of the Government Notification No. 71/XIV-3-377-76, dated January 20, 1982, No. 1057/XIV-PBV-78-7-93, dated June 5, 1998, No. 2759/XIV-PBV-2000-7-93, dated December 30, 2000 and all other notifications issued on the subject, the Governor in public interest, is pleased to declare that the trees of following species shall not be felled till December 31, 2020 unless any of the trees is dead or dying or it constitutes danger to person or property or its felling is necessary for executing a development work approved by the Government and permission to fell such trees has been obtained in writing from the competent authority

1. Received the assent of the Governor on November 19, 1976, published in U.P. Gazette, Extra., dt. 22nd November, 1976, pp. 8-13.

2. The words rural and hill areas of omitted by U.P. Act 28 of 1998, S. 2 (w.e.f. 1-12-1998).

3. Subs. by U.P. Act 28 of 1998, S. 3 (w.e.f. 1-12-1998).

4. Subs. by U.P. Act 28 of 1998, S. 4 (w.e.f. 1-12-1998).

5. Subs. by U.P. Act 12 of 2001, S. 2 (w.r.e.f. 24-2-2001). Prior to substitution it read as: 5. Permission to fell or remove trees. The competent authority may, on the application of any person entitled to fell a standing tree or to cut, remove or otherwise dispose of a fallen tree, after making such inquiry, as it thinks fit, grant permission to him to do so: Provided that such permission shall not be rufused if the tree constitutes danger to person or property: Provided further that except in such area as may be notified by the State Government in this behalf such permission shall not be required for the felling of any tree with a view to appropriating the wood or leaves thereof for bona fide use for purposes of fuel, fodder, agricultural implements or other domestic use: Provided also that such immediate steps as are necessary to remove any obstruction or nuisance or to prevent any danger may be taken without such permission.

6. Subs. by U.P. Act 12 of 2001, S. 2 (w.r.e.f. 24-2-2001). Prior to substitution it read as: 6. Procedure for obtaining permission to fell or remove trees. (1) Every application under Section 5 shall be in writing and shall be made in such manner and contain such particulars as may be prescribed. (2) The competent authority shall give his decision in the case of an application in respect of any tree other than a tree growing in forest, grove, or public premises, within ninety days from the date of receipt of such application, and in the case of an application in respect of a fallen tree within seven days from the date of receipt of such application. (3) If the competent authority fails to give his decision within the time allowed by sub-section (2), the permission referred to in Section 5 shall be deemed to have been granted. (4) Any person aggrieved from the decision of the competent authority under sub-section (2) may make a representation within thirty days from the date of such decision, to the Revising Authority and his decision on such representation shall be final. (5) Every permission granted under this Act shall be in such form and subject to such conditions, including taking of security for ensuring regeneration of the area and replanting of trees or otherwise, as may be prescribed.

7. Ins. by U.P. Act 28 of 1998, S. 5 (w.e.f. 1-12-1998).

8. For Mirzapur, Varanasi, Banda and Jhansi districts only.

9. Ins. by Noti. No. 176/XIV-3-377-76, dt. 14-1-1983.

10. Ins. by Noti. No. 1057/XIV-P.B.V.-98-7-93, dt. 5-6-1998.