The Delhi Preservation Of Trees Act, 1994

C.M.AMMANAVAR.
 • The Delhi Preservation Of Trees Act, 1994

• [12th October, 1994]

• An Act to provide for the preservation of trees in the National

Capital Territory of Delhi.

• BE it enacted by the Legislative Assembly of the National Capital

Territory of Delhi in the Forty-fifth Year of Republic of India as
follows:
 • CHAPTER I
• Preliminary

• 1. Short title, extent and commencement.-(1) This Act, may be

called the Delhi Preservation of Trees Act, 1994.

• (2) It shall extend to the whole of the National Capital Territory of

Delhi.
• (3) It shall come into force at once.

• 2. Definitions.-In this Act, unless the context otherwise requires,

• (a) "Appellate Authority" means an authority appointed by the

Government as appellate authority under this Act;
• (b) "Deputy Conservator of Forests" means a forest officer in
charge of a forest division and exercising jurisdiction over the
area;

• (c) "Secretary" means the Secretary of Forests, Government of

the National Capital Territory of Delhi;

• (d) "forest produce" includes-

• (a) the following whether found in, or brought from, forest or not,
that is to say :-
• timber, charcoal, caoutchouc, catechu, wood-oil, resin, natural
narnish, bark, lac, mahua flowers, mahua seeds, kuth and
myrabolams, and
• (b) the following when found in, or brought from, a forest, that is
to say:

• (i) trees and leaves, flowers and fruits, and all the other parts of
produce and herein before mentioned, of trees,

• (ii) plants not being trees (including grass, creepers, reeds and
moss), and all parts or produce of such plants,

• (iii) wild animals and skins, tusks, horns, bones, silk, cocoons,
honey and wax, and all other parts or produce of animals, and

• (iv) peat, surface soil, rock and minerals (including limestone,

laterite, mineral oils, and oil products of mines or quarries);
• (e) "Government" means the Government of the National Capital
Territory of Delhi;
• (f) "notification" means a notification published in the Official
Gazette;

• (g) "organisation" means any company (public or private)

government or semi-government department, undertaking;
board or local authority;

• (h) "to fell a tree" with its cognate expression, means severing
the trunk from the roots, uprooting the tree and includes
bulldozing, cutting, girdling, lopping, pollarding, applying
arboricides, burning or damaging a tree in any other manner;
• (i) "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;

• (j) "Tree Officer" means a forest officer appointed as such by the

Government for the purposes of this Act;

• (k) "prescribed" means prescribed by rules made under this Act;

• (l) words and expressions used in this Act and defined in the
Indian Forest Act, 1927 (Central Act 16 of 1927), but not defined
in this Act, shall have the meanings respectively assigned to them
in that Act.
 • CHAPTER II
• Tree Authority

• 3. Establishment of the Tree Authority.-

• (1) The Government shall, by notification, constitute a Tree
Authority for the whole of the National Capital Territory of Delhi.

• (2) The Tree Authority shall consist of the following members,

namely:-

• (i) Secretary of Forests or any other officer not below the rank of
Secretary to the Government nominated by the Government. -----
Chairman

• (ii) Deputy Commissioner, Delhi. ------Member

• (iii) Two Members of the Legislative Assembly nominated by the
Government. ------ Members

• (iv) Two Representatives of the local bodies nominated by the

Government. ------ Members

• (v) Deputy Conservator of Forests ---- Member Secretary

• (3) The Tree Authority may co-opt as members in such manner

and for such period as it may determine not more than five
representatives of non-official organisations and Government
Departments having special knowledge or practical experience
in the preservation of trees.
 • NOTIFICATION

• In exercise of the powers conferred under sub-section (1) and (2)

of section 3 of the Delhi Preservation of Trees Act, 1994 (Act No.
11 of 1994) and in supersession of all the previous notifications,

• the Lt. Governor of National Capital Territory of Delhi, constitutes

the Tree Authority for the purposes of the said Act as mentioned
in Sections 4 and 7, for whole of the National Capital Territory of
Delhi, comprising of the following:

• i. Secretary (E&F), Government of NCT of Delhi –Chairman

• ii. Shri Anil Choudhury, Member of the Legislative Assembly of

NCT of Delhi -Member
• iii. Shri Devendra Yadav, Member of the Legislative Assembly of
NCT of Delhi –Member

• iv. Addl. Pr. Chief Conservator of Forests, Govt. of NCT of Delhi -

Member
• v. Chief Conservator of Forests & Chief Wildlife Warden, Govt. of
NCT of Delhi –Member

• vi. Additional District Magistrate (HQ) as representative of

Divisional Commissioner, Govt. of NCT of Delhi. -Member
• vii. Director (Hort), MCD as representative of the local bodies –
Member

• viii Director (Hort.), NDMC as representative of the local bodies -

Member
• ix. Prof. C. R. Babu, Director, CMEDE, Delhi University, Delhi -Co-
opted Official Member

• x. Smt. Usha Srinivasan of Development Alternatives -Co-opted

Non-official Member

• xi. Managing Director, DMRC or his representative - Co-opted Non-

official Member

• xii. Chief Executive Officer, Delhi Parks & Gardens - Co-opted

Society, Department of Environment, Govt. of Non-official NCT of
Delhi Member

• xiii. Director (Hort.), Delhi Development Authority - Co-opted Non-

official Member
• xiv. Conservator of Forests - Member Secretary
• 4. Meeting of the Tree Authority.-

• (1) The Tree Authority shall meet at least once in three months at
such place and time as the Chairman may decide.

• (2) The quorum to constitute a meeting of the Tree Authority, shall

be three members referred to in sub-section (2) of section 3.

• (3) No co-opted member shall have the right to vote at a meeting.

• (4) In the case of an equality of votes on any matter, the

Chairman shall have a second or casting vote.
 • CHAPTER III
• Officers And Servants

• 5. Appointment of Tree Officer.-The Government may appoint

one or more Forest Officers of the rank not below that a Deputy
Conservator of Forests as Tree Officers for the purposes of this
Act.

• 6. Appointment of other officers.-The Government may, from

time to time, appoint such other officers and servants as may be
considered necessary who shall be subordinate to the Tree
Officer.
 • CHAPTER IV
• Duties Of Tree Authority

• 7. Duties of Tree Authority.-Notwithstanding anything contained

in any other law for the time being in force, the Tree Authority
shall, subject to any general or special order of the Government,
be responsible for

• (a) the preservation of all trees within its jurisdiction;

• (b) carrying out census of the existing trees and obtaining,

whenever considered necessary, declarations from all owners or
occupants about the number of trees in their lands;
• (c) development and maintenance of nurseries, supply of seeds,
saplings and trees to persons, who are required to plant new
trees or to replace trees which have been felled;

• (d) getting planting and transplanting of trees necessitated by

construction of buildings, new roads or widening of existing roads
or replacement of trees which have failed to come up along roads
or for safeguarding danger of life and property;

• (e) organization of demonstrations and extension services for the

purposes of this Act and assisting private and public institutions
connected with planting and preservation of trees;
• (f) undertaking such schemes or measures as may be directed
from time-to-time by the Government for achieving the objects
of this Act;

• (g) undertaking critical study of the proposals of various

government departments and private bodies for construction of

• buildings, roads, factories, irrigation works, laying out of electric,

telephone, telegraph and other transmission lines with regard to
protection of existing trees and planting of more trees, wherever
possible.
 • CHAPTER V

• Restrictions On Felling And Removal Of Trees And Liabilities For

Preservation Of Trees

• 8. Restrictions on felling and removal of trees.-Notwithstanding

anything contained in any other law for the time being in force or
in any custom or usage or contract and except as provided in this
Act or the rules made thereunder,

• no person shall fell or remove or dispose of any tree or forest

produce in any land, whether in his ownership or occupancy or
otherwise, except with the previous permission of the Tree
Officer:
• Provided that if the tree is not immediately felled, there would
be grave danger to life or property or traffic, the owner of the
land may take immediate action to fell such tree and report the
fact to the Tree Officer within twenty-four hours of such felling.
• 9. Procedure for obtaining permission to fell, cut, remove or
dispose of, a tree.-

• (1) Any person desiring to fell or remove or otherwise dispose of,

by any means, a tree, shall make an application to the concerned
Tree Officer for permission and

• such application shall be accompanied by attested copies of such

documents as may be prescribed in support of ownership over
the land, the number and kind of trees to be cut,

• their girth measure at a height of 1.85 metres from ground level

and the reasons therefor, copy of sajra showing clearly the site
and khasra numbers of the property.
• (2) On receipt of the application, the Tree Officer may, after
inspecting the tree and holding such enquiry as he may deem
necessary, either grant permission in whole or in part or for reasons
to be recorded in writing, refuse permission:

• Provided that such permission may not be refused if the tree-

• (i) is dead, diseased or wind fallen; or

• (ii) is silviculturally mature, provided it does not occur on a steep

slop; or

• (iii) constitutes a danger to life or property; or

• (iv) constitutes obstruction to traffic; or

• (v) is substantially damaged or destroyed by fire, lightening, rain or

other natural causes; or
• (vi) is required in rural areas to be cut with a view to
appropriating the wood or leaves thereof, or any part thereof for
bone fide use for fuel, fodder, agricultural implements or other
domestic use.

• (3) The Tree Officer shall give his decision within sixty days from
the date of receipt of the application:

• Provided that no permission shall be granted to any person from

the same area on more than two occasions during the same year
subject to a maximum area of one hectare at a time.
• (4) If the Tree Officer fails to communicate his permission on
request within the period specified under sub-section (3), the
permission referred to in section 8, shall be deemed to have
been granted.

• (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.
• 10. Obligation to plant trees.-Every person, who is granted
permission under this Act to fell or dispose of any tree,

• shall be bound to plant such number and kind of trees in the area
from which the tree is felled or disposed of by him under such
permission as may be directed by the Tree Officer:

• Provided that the Tree Officer may, for reasons 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.
• 11. Preservation of trees.-(1) Subject to the provisions of section
13, it shall be the duty of the owner of the land to comply with
an order made under section 9, or a direction issued under
section 10 and

• to plant trees in accordance with such an order or direction and

to ensure that they grow well and are well preserved.

• (2) All the owners shall effectively protect all lands or trees
growing in the lands or the areas under their control and where
the Tree Officer is of the opinion that adequate measures have
not been taken to protect the trees from any damage,
• he may direct the owner to take such measures as are considered
necessary to protect trees from damage.

• In case of default, the Tree Officer may himself arrange such

measures and recover the expenditure thereon from the owner
in the prescribed manner.
• 12. Implementation of order made or direction given under
sections 9 and 10 and recovery of expenditure on failure to
comply with them.-

• (1) Every person who is under an obligation to plant trees under

an order made under section 9 or a direction given under section
10 shall start preparatory work within thirty days of the date of
receipt of the order or directions, as the case may be,

• and shall plant trees in accordance with such order or direction in

the ensuing or following rainy season or within such extended
time as the Tree Officer may allow and

• shall provide adequate and effective protection to the trees that

exist or are planted in the land or the area from any damage.
• (2) In case of default by such person, the Tree Officer may cause
trees to be planted and may recover the cost of plantation from
such person in the prescribed manner.
• 13. Adoption of trees.-Notwithstanding anything contained in
this Act, or in any other law for the time being in force, the Tree
Authority may,

• subject to such terms and conditions as it may specify in that

behalf, after giving notice to the owner of the tree to show cause,
if any, as to why the trees should not be given in adoption,

• allow, by a written permission, any body corporate or institution

to adopt the tree for such period as may be specified in the
permission and during such period, the said body corporate or
institution shall be responsible for the maintenance and
preservation of the said tree.
• 14. Appeal.-
• (1) An appeal shall lie against the order or direction of the Tree
Officer under sections 9, 10 and 11, to the Appellate Authority
within a period of thirty days of passing the order or direction by
the Tree Officer.

• (2) Every appeal under this section shall be made by a petition in

writing and shall be accompanied by a copy of the order or
direction appealed against and a fee or rupees ten.

• (3) In disposing of an appeal, the Appellate Authority shall follow

such procedure as may be prescribed:

• Provided that no appeal shall be disposed of unless the applicant

has been given a reasonable opportunity of being heard.
 • CHAPTER VI
• Penalties And Procedure

• 15. Seizure of property.- Where the Tree Officer has reasons to

believe that an offence under this Act has been committed in
respect of any tree,

• he may seize the tools, implements, any boats, vehicles, animals

or other conveyances used for the commission of the said
offence, along with the tree or part thereof,

• which has been severed from the ground or the trunk, as the case
may be.
• 16. Forfeiture of timber and other produce from the tree,
implements used for felling and the vehicle and animals used for
transport of such trees.-
• (1) Where any person is convicted of an offence under this Act,
any timber of the tree in respect of which an offence is
committed,
• the tools and implements used for felling and any boats, vehicles,
animals or other conveyances used for its transport, may be
ordered by the court to be forfeited to Government.

• (2) Any timber produce from the tree, tools and implements, etc.,
and any boats, animals or other conveyances forfeited under sub-
section (1) shall be disposed of by the Tree Officer in such
manner as may be prescribed.
• 17. Power to release property seized under section 15.-The Tree
Officer may release the property seized under section 15 if the
owner of the land executes a bond in such form as may be
prescribed for its production whenever required.

• 18. Power to arrest without warrant.-(1) Any Tree Officer or a

Forest Officer not below the rank of a Forest Ranger or a Police
Officer not below the rank of a Sub-Inspector may,

• without a warrant, arrest any person reasonably suspected of

having been concerned in any offence under this Act, and such
person refuses to give his name or address or

• gives a name or address which the concerned officer has reason

to believe to be false or if he has reason to believe that the
person will abscond.
• (2) Any person arrested under sub-section (1) shall be informed,
as soon as may be, of the grounds for such arrest and shall be
produced before the nearest Magistrate having jurisdiction in the
case within twenty-four hours of such arrest

• excluding the time necessary for the journey from the place of
arrest to the Court of the Magistrate and no such person shall be
detained in custody beyond the said period without the authority
of the Magistrate.
• 19. Power to release person arrested.- Any officer, who has
arrested any person under the provision of sub-section (1) of
section 18 may release such person on his executing a bond with
proper surety to appear,

• if and when so required before the Magistrate having jurisdiction

in the case, or before the Police or the Forest Officer not below
the rank of Deputy Conservator of Forests or the Tree Officer.

• 20. Power to prevent commission of offence.-Every Tree Officer

or his subordinates or any Forest, Revenue or Police Officer shall
prevent and may interfere, for the purpose of preventing the
commission of any offence under this Act.
• 21. Power to compound offence.-
• (1) The Government may, by notification empower a Tree Officer
or any Forest Officer not below the rank of Deputy Conservator
of Forest:

• (a) to compound any offence committed under this Act on

payment of-

• (i) a sum not exceeding rupees ten thousand by way of

composition for the offence which such person is suspected to
have committed; and

• (ii) the value of timber and other produce, if any, from the tree in
respect of which the offence has been committed;
• (b) to release any property seized or liable to confiscation, on
payment of the value thereof as estimated by such officer and
the amount determined 'as payable for composition of the
offence, as of ordered by the Tree Officer or any Forest Officer, as
the case may be.

• (2) On the payment of such sums or such value or both, as the

case may be, to such officer, the property seized and the offender,
if in custody, shall be released and no further proceeding shall be
taken against such offender or property.
• 22. Contravention of Act to be reported by certain officers.-
• It shall be the duty of every Forest Officer, Panchayat Secretary,
Police Constable or any officer superior to him and every officer
of the Department of Agriculture, Horticulture, Block
Development and Revenue -
• (a) to give immediate information coming to his knowledge of
any contravention of section 8 and of preparation to commit such
contravention to the Tree Officer or the Deputy Conservator of
Forests;

• (b) to take all reasonable measures in his power to prevent such

contravention which he may know or has reason to believe that it
is about or likely to be committed.
• 23. Offences by organisations.-
• If the person committing an offence under this Act, is an
organisation, the organization as well as every person in charge
of, and responsible to,

• the organization 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 prosecuted 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
and 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 an organization
and it is proved that the offence has been committed with the
consent or connivance of,

• or is attributable to, any neglect on the part of its Head of the

Department/officer/unit, director, manager, secretary, treasurer
or

• other officer of the organisation shall also be deemed to be guilty

of that offence and shall be liable to be proceeded against and
punished accordingly.
• 24. Penalty.-

• Any person who contravenes any of the provisions of this Act or

rules or orders made thereunder shall, on conviction, be
published with imprisonment which may extend to one year or
with fine which may extend to one thousand rupees or with both.

• 25. Award of penalty of forfeiture not to interfere with other

punishment.-

• The award of penalty or forfeiture of any property under this Act

shall not prevent the inflicting or any punishment to which the
person affected thereby is liable under any other law.
 • CHAPTER VII
• Miscellaneous
• 26. Officers to be public servants.-The officers exercising powers
or discharging any duties or functions under the Act, shall be
deemed to be public servants within the meaning of section 21 of
the Indian Penal Code, (Central Act 45 of 1860).

• 27. Bar of proceedings.-No suit or proceedings shall lie against

the Government or any person empowered to exercise power or
to perform duties or discharge functions under this Act,

• for anything done or purporting to be done or omitted to be done

in good faith under this Act or the rules and orders made
thereunder.
• 28. Execution of order for payment of money.- Any sum,
including any amount of 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.

• 29. Power of the Government to exempt.- Subject to such

conditions, if any, as may be imposed, the Government may, if it
considers it necessary so to do in the public interest,

• by notification, exempt any area or any species of trees from all

or any of the provisions of this Act.
• 30. Power of the Government for preservation of trees.-(1) The
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.

• 31. Investing Trees Officer with certain powers.-(1) The

Government may, by notification, invest the Tree Officers and
other officers with all or any of the following powers, namely:
• (a) power to enter upon any land and to survey, demarcate and
make a map of the same;

• (b) powers of a civil court to compel the attendance of witness and

the production of documents and material objects;
• (c) power to issue a search warrant under the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974);

• (d) power to hold enquiries into offence under the, Act and in the
course of such inquiry to receive and record evidence;

• (e) power to take possession of property under the Act;

• (f) power to direct release of property or withdrawal of charges;

and

• (g) power to require any person to plant tree or trees of suitable

species in adequate numbers on any land owned or occupied by
him.
• 32. Transit of felled material.- The provisions of sections 41 and
42 of the Indian Forest Act, 1927 shall mutatis mutandis, apply to
the transit of the felled trees under this Act.

• 33. Power of the Government to give directions.-

• The Government may, from time to time, give to the Tree
Officers, other officers of the Tree Authority and officers
subordinate to them general or

• special directions regarding the discharge of their functions and

for carrying out effectively the purposes of this Act, and such Tree
Officers and other officers shall comply with the directions issued.
• 34. Power to make rules.-(1) The Government may, after previous
publication make, by notification, in the Official Gazette, rules to
carry out the purposes of this Act.

• (2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the
following matters, namely:

• (a) specifying attested copies of documents to be attached with

application for obtaining permission to fell, cut, remove or
otherwise dispose of a tree and prescribing the form in which
such permission shall be granted;

• (b) specifying the manner for recovery of the expenditure by Tree

Officer from owners who default to protect trees from damage;
• (c) specifying the manner for recovery of cost of plantation from
persons who fail to plant trees;

• (d) regulating the procedure for disposal of appeal by the

Appellate Authority;

• (e) specifying the manner of disposal of forfeited timber, other

produce from the trees, tools and implement etc.;

• (f) prescribing the form of bond to be executed by an owner in

case of release of property seized under section 15;

• (g) specifying the manner of regulating the management of class

of trees felling of which for specified period is prohibited;
• (h) any other manner which is to be, or may be, prescribed under
this Act.

• (3) Every rule made by the Government under this Act, shall be
laid as soon as may be after it is made, before the Legislative
Assembly.

• 35. Provision of this Act to be in addition to any other law for

the time being in force.-
• Nothing in this Act shall be deemed to affect the operation of any
other law and the rules made thereunder and

• the provisions of this Act shall be in addition to and not in

derogation of the provisions of the said Act and rules made
thereunder.
 • The Delhi Preservation Of Trees Rules, 1996

• Published vide Notification No No. F. 10/PA/DCF/94/5131, dated

8th November, 1996, published in the Delhi Gazette, Extra., Pt. IV,
No. 182, dated 8th November, 1996
• In exercise of the powers conferred by section 34 of the Delhi
Preservation of Trees Act, 1994 (Delhi Act 11 of 1994), the
Government of National Capital Territory of Delhi, hereby makes
the following rules, namely:

• 1. Short title, extent and commencement. –

• (1) These rules may be called the Delhi Preservation of Trees

Rules, 1996.

• (2) They extend to the whole of the National Capital Territory of

Delhi.

• (3) They shall come into force with effect from the [date] of their
publication in the Delhi Gazette.
• 2. Definitions. -(1) In these rules, unless the context otherwise
requires,

• (a) "Act" means the Delhi Preservation of Trees Act, 1994 (Delhi
Act 11 of 1994);

• (b) "Form" means a Form appended to these rules;

• (c) "Section" means a section of the Act;

• (2) Words and expressions which are used in these rules but not
defined under these rules or the Act, shall have the meaning as
assigned to them under the Indian Forest Act, 1927 (Central Act
16 of 1927).
• 3. Form of report under section 8. - Every report of trees felled
under section 8 shall be made in Form A.

• 4. Form of application under section 9. -(1) Every application for

permission for felling a tree shall be made in Form B.

• (2) Every application for removal or disposal of a tree of forest

produce shall be made in Form C.

• (3) Court-fee stamps of the value 5.00 (rupees five only) shall be
affixed on every application, made under these rules.

• 5. Form of Register. - A register of applications made under

section 9 shall be in Form D
• 6. Form of Permission. -(1) The permission which may be
granted under section 9 shall be in one of the following forms
and shall be subject to the terms and conditions specified
therein:

• (i) in respect of felling of a tree............Form E;

• (ii) in respect of removal or disposal of trees or forest

produce..... Form F.
• 7. Obligation to plant Trees.-
• The Tree Officer, while granting permission to fell or dispose of a
tree or forest produce under section 9, shall, after giving the
applicant a reasonable opportunity of being heard and having
due regard to his wish for planting any particular kind of tree,

• his capacity to plant the required kind and number of trees and
also the nature of land, make an order directing the applicant to
plant such number and kind of trees as deemed proper by him
• 8. Preservation of Trees. –

• (1) Where a Tree Officer has reason to believe that the owner or
occupier of any property has failed to array out any direction
given by him under the Act or these rules

• with regard to the taking of measures for the protection of any

tree in such property, he shall issue a notice in Form G to such
owner or occupier of the property, as the case may be.
• (2) The Tree Officer shall, after giving the owner or occupier of
the property a reasonable opportunity of being heard and
having due regard to his wishes, incapacity and nature of land,
make an order,

• specifying the measures which he proposes to take for

protection of the tree and the cost thereof, which such owner or
the occupier shall be liable to reimburse to the Tree Officer
within such reasonable period as the Tree Officer may specify in
the order.
• 9. Implementation of orders made under section 9 or 10

• (1). -Where the Tree Officer has reason to believe that any
person has failed to carry out the obligations regarding planting
of trees pursuant to an order made under section 9 or a direction
given under section 10, he shall issue a notice in Form H to such
persons.

• (2) The Tree Officer shall, after giving the owner or occupier of
the property a reasonable opportunity of being heard, as regards
the cost of which the trees shall be planted or

• the measures for the protection of the trees shall be taken by

him, pass an order, as regards the cost, which such person shall
be liable to reimburse to the Tree Officer within such reasonable
period as the Tree Officer may specify in the order
• 10. Procedure of Appellate Authority. –

• (1) Every petition of appeal shall be presented to the Appellate

Authority in person or through a legal practitioner or a duly
authorised agent.

• (2) Every petition shall state succinctly the grounds of appeal and
the relief prayed for.

• (3) The Appellate Authority shall, on receipt of a petition of

appeal, cause it to registered in the Form I and give notice of
such appeal to all persons concerned who, in his opinion, may
be interested in the same.
• (4) The Appellate Authority may, after holding such enquiry as it
deems fit and after giving the persons concerned a reasonable
opportunity of being heard, confirm, modify or set aside the
order appealed against or pass such order as it may deem fit.

• 11. Record of forfeited property.-

• The Tree Officer shall maintain a register of the property

forfeited to the Government, under section 16 in Form J.
• 12. Preparation of valuation report of forfeited property.-

• (1) On receipt of the Property forfeited to the Government the Tree

Officer shall prepare a valuation report of such property.

• (2) In preparing the valuation report, the Tree Officer shall give
due regard to the condition of such property and shall follow the
instructions issued by the Government from time-to-time in the
matter of preparing such report.

• (3) The Tree Officer shall make a report alongwith a copy of the
valuation report to the Secretary of Forests of the Government and

• dispose of the forefeited property in accordance with the

instruction issued by the Secretary of Forests of the Government
from time-to-time in that behalf.
• 13. Release of seized property. -The bond to be executed by the
owner or occupant for release of the seized property under
section 17 shall be in Form K.

• 14. Management of certain classes of trees.-

• (1) Every owner or occupant of the land on which trees notified
under section 30 exist shall, within sixty days of the date of the
notification, number such trees and

• furnish the following particulars of such trees to the Tree Officer,

with a copy thereof to the Secretary of Forests of the
Government:
Serial Number Species Diameter at 30 cm
from the ground
level
• (2) Whereas such owner or occupant is not in a position to
number such trees and make a report within the specified period
in sub-rule (1),

• he may seek extension of time for making such report and the
Tree Officer, if satisfied with the reasons given, may extend the
time limit by another thirty days.
• (3) The Tree officer shall cause all such trees to be marked by
suitable identification marks, within Sixty days of the date of
receipt of the report under sub-rule (1) or sub-vile (2) and report
compliance to the Secretary or Forests of the Government.

• (4) The Tree Officer shall also keep a record of such trees in a
Register in Form L.
 • FORM A
• (See rule 3)
• The Tree Officer,
• Sir,
• I have to report that I have felled on...........(date) at...........
(time) ........... (number) tree/trees from the property owned by
me/under my occupation in the village...........and District...........I
declare that if the said tree/s not been immediately felled,
It/they would have posed grave danger to life/property/traffic
(delete inapplicable words).

• 2. The following details are furnished:

• (i) Name and full address of the signatory (In block letters).
• (ii) Title in respect of land in which tree(s) was/were situated.

• (iii) Location of the site from which tree/s felled (give name and
khasra number of plot and indicate as clearly as possible the
actual situation of the tree).

• (iv) (a) Species of the tree felled.

• (b) Its approximate age.

• (c) Its girth measured at a height of 1.35 metres from ground

level.
• (v) Justification for felling the tree/trees (Here describe the way
in which the tree posed danger and the reason why you could
not wait to seek permission for cutting it).

• Place .............................
• Date .............................

• Signature
 • FORM B
• [See sub-rule (1) of rule 4]

• The Tree Officer,

• Sir,

• I apply for grant of permission for felling tree/s located in the

property situated in the village............and District............ I
furnish below the following details in support of my application:
• (i) Applicant's name and address (In block letters).

• (ii) Name and address of the owner of the property (if different
from applicant).
• (iii) Title of the applicant i.e., whether owner/occupant of the
property, etc.

• (iv) Name of the village and khasra number of property.

• (v) Total area of the property with description of the boundaries.

• (vi) Total number of trees (species-wise) whose trunk or body is

not less than 5 cm. in diameter at a height of 30 cms from the
ground and

• whose height is not less than one metre from the ground.
• (vii) The exact area (in Sq. metres) from which felling of trees for
which permit is sought (description of the boundaries).

• (viii) Total number of trees to be felled.

• (ix) Trees to be felled are numerically numbered in paint, their

girth measured at a height of 1.35 metres from ground level and
their details species-wise are.

• (x) Purpose for which the felling

Species No.of trees are intended.
Girth

• (xi) Intended use of felled trees (e.g.) for sale, for domestic use,
etc.

• (xii) Intended use of land after felling of trees.

• (xiii) Number and species of trees intended to be planted after
felling (give details of arrangements for raising, planting and
protecting trees).

• (xiv) Name/s and address/es of the owners/occupants adjoining

property/ies.

• 2. I am enclosing an affidavit and below mentioned papers in

support of my application.
• DECLARATION
• I hereby declare that I shall fully satisfy and abide by such terms
and conditions of the permit as may be specified therein.
• Place: ............... .................
• Date: ...............
• Applicant's Signature
• Attested copies of:
• (i) Property /occupancy documents.

• (ii) Plan of the property showing the khasra number.

• (iii) Enumeration list (duly signed by the applicant).

• (iv) Boundary list (duly signed by the applicant).

• (v) Latest jamabandi of land record issued by the Tehsildar.

• (vi) "No-Objection Certificate" from the concerned local body

(e.g.) MCD/ N.D.M.C.

• (vii) "No-Objection Certificate" from adjoining property owners.

• (To be signed on a stamped paper in the presence of Magistrate
or authority approved for the purpose) (Locality)

• I ..................aged.............years, resident of.............

village ............. wife/son/ daughter of .............do hereby
solemnly affirm and declare as under:

• 1. That I am the legal owner/occupant of the private property

known as.......situated at..........village..........bearing khasra
number..........of..........boundaries of which are as follows:
• East:
• West:
• North:
• South:
• 2. That I have applied to the Tree Officer..........for permission to
fell.......... trees from the aforesaid property. All the trees have
been numbered with paint.

• 3. That there is no other owner/occupant of this property of the

forest produce of this property and I hereby solemnly affirm and
declare that I shall be solely responsible and answerable for any
claim and litigation, if any,

• that may arise at any time in future regarding the ownership

/occupancy of the said future regarding the ownership/
occupancy of the said property or the forest produce from the
said property.

• Deponent
 • Verification

• I hereby solemnly declare and affirm that to the best of my

knowledge and belief the contents of my above affidavit are
correct and true and

• that nothing material has been concealed or omitted therefrom.

Verified at..........this the.......... day of.......... 20 .............

• Deponent
 • FORM C
• [See sub-rule (2) of rule 4]
• To The Tree Officer and Conservator of Forests,
• Sir,

• I apply for grant of permission for removal and disposal of tree/s

located in the property situated in the village..........and
District..........I furnish below the details in support of my
application:

• (i) Appplicant's name and address (In Block letters).

• (ii) Name and address of the owner of the property (if different
from the applicant) from which trees were felled.
• (iii) Title of the applicant i.e., whether owner/occupant of the
property etc., from which trees were felled.

• (iv) Name of village and khasra number of the property from

which trees were felled.

• (v) Total area of the property with description of the boundaries.

• (vi) Total number of felled trees (species-wise) whose trunk or

body is not less than 5 cm. in diameter at a height 30 cm. from
the ground and whose height was not less than one metre from
the ground.
• (vii) Describe the circumstances under which the tree/s
was/were felled i.e., whether the tree/s was/were felled after
obtaining the permit (a copy of the permit is to be enclosed) or
under the proviso to section 8 of the Act or had fallen due to
natural causes, etc.

• (viii) Details of material obtained from the felled trees Species

Vol. in M3 or Wt. in Qtls. Use timber of fuel (Attach
measurement in case of scatting).

• (ix) The manner in which the material would be removed.

• (x) Transit route.

• (xi) Removal of the material will be completed by (date).

• (xii) The material is intended to be disposed in the manner
indicated below:

• (a) For self use - Species Volume in M3 or Wt. in Qtls. - Use

timber of fuel.

• (b) By sale - Species Volume in M3 or Wt. in Qtls. - Use timber of

fuel

• (c) Name(s) and full address(es) of the persons/parties to whom

the material would be disposed by sale.

• I am enclosing below mentioned papers in support of my

application.
 • DECLARATION
• I hereby declare that I shall fully satisfy and abide by such terms
and conditions of the permit as may be specified therein.
• Place: ............... ..................
• Date: ...............
• Applicant's Signature
• Attested copies of:
• (i) Property /occupancy documents.
• (ii) Plan of the property showing the khasra number.
• (iii) Boundary list (duly signed by the applicant).
• (iv) Latest jamabandi of land record issued by the Tehsildar.
• (v) Report, if any, made pursuant to proviso to section 8 of the
Act.
• (vi) Permit if any, granted by the Tree Officer.
 S1.No
& address of the applicant
Date
Date of receipt

ing or Removal/disposal
application
Details of the

st Date for disposal

ees to be felled or removed/ disposed is are situated

h
FORM D (See rule 5)

on

taken
Nature Date Date of
Details of decision taken

communication
whic to the applicant
rks
Rema
 • FORM E (See rule 6)
• Tree Officer and Conservator of Forests, Government of National
Capital Territory of Delhi. .............................. Dated.......
20 .................
• Subject:-Permission to fell trees.

• With reference to his/her application dated .............for grant of

permission to fell trees, Shri/Smt .............is hereby informed that
he/she is granted permission to fell the tree/s (as per details
indicated below) from the private property situated in subject to
the satisfaction of the terms and conditions here into specified:
• Details of Trees

Sl. No. Species of trees No. of trees

( ...............) Tree Officer and Conservator of Forests
Shri/Smt
• TERMS AND CONDITIONS
• 1. The Ranger Forest Officer shall mark the trees before cutting
them.
• 2. Permission to fell the trees is granted at his/her own risk and
without prejudice to the claim(s) of any other person/s who may
be having any right(s) over the land or the trees.
• 3. Felling of trees shall be completed within........ days.
• 4. Material produced from felled trees shall not be removed or
disposed without permission of the Tree Officer.
• 5. He/She shall replant trees, as per details given below during
the ensuing/next planting season

• i.e., commencing from June...........to August..........in the property

from which the trees will be felled.

Sl.No. Species No
• 6. He/she shall deposit a sum of Rs ..................(Rupees.............)
only as security in the office of ......................before starting
felling of the tree/s for ensuring the replanting of the trees
indicated at serial No. 5 above.

• 7. In the event of failure on the part of the permit-holder to

replant the trees as indicated at serial number 5 above

• then the Tree Officer shall himself arrange to replant the trees
and recover the cost thereof from the permit holder by way of
adjustment against the security deposit made by the permit
holder or failing that, by recovery of as arrears of land revenue.
• Copy submitted for information to:-,
• 1. The Secretary of Forests, Government of National Capital
Territory of Delhi.

• 2. The Range Forest Officer ...................

 • FORM F
• (See rule 6)
• Tree Officer and Conservator of Forests, Government of National
Capital Territory of Delhi. ............................. .............................
Dated ..............20..........

• Subject: Permission to remove/dispose of/trees With reference

to his/her application dated .............for grant of permission to
remove or dispose of felled tree/s or forest produce,
Shri/Smt .................is hereby informed that he/she is granted
permission to remove or dispose of the material (as per details
indicated below) from the private property known
as ....................khasra number .............situated at.............subject
to the terms and conditions hereunder specified:
Sl. Description No Vol. or Destination Period Remarks
No of material Wt. where property of
. is to be validity
removed
1 2 3 4 5 6 7

Note: The Driver of the vehicle, while transporting the forest

produce, will carry an attested photocopy of this permission letter

( ................... ) Tree Officer and Conservator of Forests

 • FORM G [See sub-rule (1) of rule 8]
• NOTICE
• Whereas Shri/Smt ...............is the owner/occupant of the
property known as ...............being khasra number...............and
situated in the village...............and district ...............

• And whereas I. Shri ...............Tree Officer and Conservator of

Forests had found that adequate measures were not taken by
him/her for protection of tree/s existing on the aforesaid
property and had,

• therefore, given him/her directions in letter number ...............

dated...............which was received by him/her on or
about............ specifying the measures, he/she has to take for
protection of the tree/s;
• And whereas I have inspected the property on ...............and have
received a report from ...............(copy of the inspection
report/report enclosed which is self-explanatory);

• And whereas I am of the opinion that he/she has failed to take

the measures as specified in letter number ...............
dated...............within the stipulated period/ measures taken are
not adequate for protection of the tree/s (strike off whichever is
not applicable).
• Now, therefore, I hereby call upon Shri/Smt ................to show cause
within 10 days of the date of receipt of this notice as to why the
undersigned should not arrange measures

• as specified in letter number ............... dated...............for protection

of trees in the aforesaid property at the cost of Rs . ................
(Rupees...............) only approximately on his/her behalf and recover
the expenses incurred from him/her.

• ( .............).
• Tree Officer and Conservator of Forests
• Shri/Smt ................
• Copy to:
• 1. The Range Forest Officer............ This has reference to his letter
No .............
• 2. The Secretary of Forests, Government of National Capital Territory
of Delhi.
 • FORM H [See sub-rule (1) of rule 9]
• NOTICE
• Whereas Shri/Smt............was ordered /directed to plant trees in
the property known as............bearing khasra No .............and
situated in the village............and district............vide specified
therein;

• And whereas I............ (name) ............(designation) have

inspected his property on............ have received a report
from............regarding the number of trees planted etc.,

• in the aforesaid property (copy of the inspection report/report

enclosed which is self- explanatory);
• And whereas I am of the opinion that Shri/Smt .............has failed to
carry out his/ her obligation regarding planting of trees as specified
under reference bearing No. ............Dated.

• Now, therefore, I hereby call upon Shri/Smt .............to show cause

within 10 days of the date of receipt of this notice as to why I should
not arrange planting of trees in the aforesaid property in such
number,

• of such species and in such manner as specified under reference

No .............dated............at the cost of Rs............. (Rupees ......... ) only
approximately on his/her behalf and recover expenses incurred
thereunder from him/her.
• ( ................) Tree Officer and
Conservator of Forests

• Shri/Smt...........
 Sl. No.
Name & address of the applicant

Date

Date of receipt

e authority whose order is challenged in

appeal.

No. & date

Date of decision
Nature of decision
Particulars of Appeals

communication of the decision

FORM I [See sub-rule (3) of rule 10] REGISTER OF APPEALS

Remarks
 FORM J (See rule 11) STOCK REGISTER

Sl. Authority No. & Details of Approxim The Remarks

NO which date of material/animals ate value manner
. ordered the /tools and of the in which
forfeiture order plant/vehicle forfeited forfeited
ordered to be material material
forfeited disposed
with date
of
disposal
1 2 3 4 5 6 7
1
2
3
4
5
 • FORM K (rule 13) BOND

• I/we .............wife/son/daughter of.............resident of .............

and owner/s of the below mentioned property which was seized
under Panchanama dated ............. (here state the description of
property). ........................ ........................ ........................

• do hereby state that on an application moved by me/us in that

regard, it has been ordered by the Tree Officer and Conservator
of Forests .............(indicate the office) vide his order
No ..............dated.............

• that the said property be released to me/us on bond of

Rs ..............(Rupees.............) only.
• I/we do hereby state that I/we have received this .............day
of............. (month) ............. (year) the above mentioned property
valued at Rs.............. (Rupees.............) only approximately

• I/we hereby undertake to keep the said property with me/us for
safe custody. I/we further undertake to produce the said
property ................................... (description of the property)
intact and in the same condition as they are now (reasonable
wear and tear excepted)

• whenever called upon to do so by the Tree Officer and

Conservator of Forests ........................ (indicate the address of
the office) and
• not to deliever the same to any person or otherwise dispose of
or deal with the same without an order in writing from the
aforesaid Tree Officer and Conservator of Forests.
• Witnesses:-
• (i)....................................................................................
(Signature, name and address) Signature

• (ii)....................................................................................
(Signature, name and address) Signature
 FORM L [See sub-rule (4) of rule 14]
FORM OF REGISTER OF NOTIFIED TREES

SI. Name & Date of No. of trees Date on which Date on Remarks
NO address Report (specieswis trees are which
e to be marked with report
given) identification submitted
marks to the
Secretary
of Forests
1 2 3 4 5 6 7