WEST BENGAL TREES (PROTECTION AND CONSERVATION IN NON-FOREST AREAS) ACT, 2006
(1) This Act may be called the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
This Act shall apply to trees in Non-Forest Areas viz. the Areas other than forest and the Areas declared as community reserve under the Wild Life (Protection) Act, 1972 (53 of 1972).
Explanation.-For the purpose of this section, the word "forest" has the same meaning as is assigned in the West Bengal Private Forests Act, 1948 (West Ben. Act XIV of 1948).
In this Act, unless the context otherwise requires,-
(1) "appellate authority" means an appellate authority appointed under sub-section (1) of section 7;
(2) "competent authority" means an authority appointed by the State Government, by notification, to perform the duties and exercise the powers conferred upon a competent authority ’under this Act;
(3) "felling of tree" means cutting, girdling, pollarding, uprooting or damaging a tree in any manner but shall not include lopping off of a limb of tree for such purposes as may be prescribed;
(4) "notification" means a notification published in the Official Gazette;
(5) "person" shall include any company or association or body of individuals, whether incorpor
Except as provided in this Act or the rules made thereunder, no person shall
(a) fell any tree in the Non-Forest Areas and
(b) cut, remove or otherwise dispose of any tree other than a tree which has felled without the aid of human agency.
(1) A competent authority may, on receipt of an application from a person to fell a tree or otherwise dispose of any tree, for such purposes as may be prescribed, and on being satisfied with regard to the legality of documents towards the proof of ownership or lease of the land on which such tree stands and after making an inquiry, in such manner as may be prescribed, grant permission, in writing, to fell tree:
Provided that no such permission shall be granted, if it is found on inquiry that the nature or character of the land may change or the mode of use of the land may alter, unless the person concerned produces the conversion certificate obtained from the Collector concerned under the provisions of section 4C of the West Bengal Land Reforms Act, 1955 :
Provided further that in the Sadar sub-division, Kalimpong sub-division and Kurseo
Section 5 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006, delineates the procedural requirements and restrictions for felling or disposing of trees in non-forest areas within West Bengal. It aims to regulate tree cutting activities to promote conservation and sustainable management of trees in rural and non-forest zones, aligning with environmental protection goals.
Section 5 stipulates that no person shall fell or dispose of trees in non-forest areas without prior permission from the competent authority. It mandates that applications for such permission be made in writing, specifying details of the trees and land, and generally requires a fee. The section also provides exceptions, such as felling not exceeding three trees at a time in rural areas without prior permission, provided it does not occur more than once per year on the same land.
Section 5 applies to all non-forest areas within West Bengal, including rural areas under Gram Panchayats, municipalities, and other local authorities. It covers activities involving the felling, cutting, or disposal of trees, aiming to regulate tree management activities and prevent illegal felling. The section is relevant for individuals, Panchayats, and authorities involved in tree maintenance, plantation, and disposal.
While Section 5 primarily prescribes procedural requirements, violations such as felling trees without permission or outside the prescribed limits can attract penalties under Section 11 of the Act. Penalties may include fines, imprisonment, or both, depending on the severity and nature of the violation, especially if done unlawfully or in contravention of the prescribed procedures.
Note: The references are based on the provided sources, primarily the Jalal Seikh case, which illustrates the application and enforcement issues relating to Section 5 of the Act.
(1) Every application under section 5 shall be in writing giving particulars of the tree, the details of the plot of land on which the tree is located and the reasons for felling the tree and shall be accompanied with such fee, as may be prescribed.
(2) The competent authority shall, on receipt of an application in respect of any tree, issue an acknowledgement to the applicant, and after making inquiry, shall dispose of the application, within forty-five days of the receipt of such application, either giving permission to fell such tree or rejecting the application giving reasons therefor.
(3) Every permission to fell tree shall, granted under this Act, be in such form and subject to such conditions, including taking of security for undertaking plantation for trees, as may be prescribed:
Provi
(1) Subject to the provisions of sub-section (2), an appeal shall lie from every order of the competent authority under this Act to the appellate authority, to be appointed by the State Government.
(2) Every such appeal shall be preferred within thirty days from the date of communication of the order:
Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing it in time.
(3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, dispose of the appeal for reasons to be recorded in writing.
(4
Every person, who fells any tree, shall undertake plantation of such number of trees as may be prescribed, in place of every tree felled, in the same plot of land and tend such plantation for trees in accordance with the directions of the competent authority:
Provided that the competent authority may, for such reasons, as may be prescribed, to be recorded in writing, permit a lesser number of plantation for trees to be undertaken in a different plot or plots, or exempt any person from the obligation of such plantation:
Provided further that any person, unable to undertake plantations of trees, may deposit such amount of money, as may be prescribed considering the importance of trees, to the competent authority, facilitating the designated agency of the State Government to undertake plantation of trees for the trees felled.
(1) Every person or development agency or the benevolent activist or the entrepreneur or the promoter (hereinafter in this section called "developer") shall, as the case may be, intending to carry out development in the form of erection of highrise multi-unit building or otherwise construction for the purposes of residential or commercial or industrial or institutional uses, as the case may be, on any plot or plots of land, undertake plantation for trees, in the prescribed manner and to the prescribed extent having regard to the total area of such plot or plots of land, in the same plot or plots of land as subject to such development.
Explanation I.- For the purposes of this sub-section, "development agency" includes any of the Government Department or any other body created under any Statute for the purpose of carring out development works.
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Every person who is to undertake plantation for trees under section 8, shall start preparatory work for plantation within sixty days from the date of permission or the date of receipt of direction, as the case may be, and shall undertake plantation for trees, in accordance with directions.
(1) Whoever fells or causes to be felled any tree or cuts, uproots 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 one year or with fine which may extend to five thousand rupees or with both and until the plantation of requisite number of trees are undertaken, shall be fined for each day of default of fifty rupees.
(2) If any person, or development agency or the benevolent activists, or the entrepreneur of the promoter, as the case may be, fails to implement the plantation plan as approved under sub-section (4) of section 9, shall be punished with imprisonment which may extend to two years or with fine which may extend to ten thousand rupees or with both.
No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the State Government or such officer or authority as may be authorized by the State Government by order in writing in this behalf.
If the person committing an offence under this Act is a firm, a company, an institution or an association or body of individuals, the firm, the company, the institution or the association or the body of individuals as well as every person in charge of, and responsible to the firm, the company, the institution or the association or the body of individuals for the conduct of its business at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render 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.
(1) Where any person has been convicted of committing an offence of felling a tree, the timber- of tree, and implements used for felling such tree, may be ordered by the Court to be forfeited to the State Government:
Provided that if the timber is found to have been disposed of, the Court may order an additional penalty of not exceeding five thousand rupees.
(2) Unless the Court otherwise directs, any timber or implements forfeited under sub-section (1), shall be disposed of by the competent authority in such manner as may be prescribed.
(3) Such forfeiture may be in addition to any other punishment specified in this Act for such offence.
(1) When there is reason to believe that any tree has been felled, cut or removed in contravention of the provisions of this Act, the wood of such trees, together with the boat, vehicle, carrier or cattle, if any, used for felling, cutting or removing of such tree, 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 officer empowered in this behalf by the State Government.
(2) Every seizure made under sub-section (1) shall be reported to the Magistrate having jurisdiction to try the offence on account of which such seizure has been made and the wood of such trees, together with boat, vehicle, carrier or cattle shall, subject to the order of such Magistrate, be disposed of in such manner as may be prescribed.
(1) Any offence, which has been committed and is punishable under this Act, may either before or after institution of the prosecution, be compounded by such officer, and for such amount not exceeding ten thousand rupees, as the State Government may by notification in the Official Gazette, specify:
Provided that such net present value of timber, as may be prescribed by rules considering the importance of timber, may also be recovered from the offender.
(2) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of such offence and the property seized under this Act shall be released.
(3) The compounding of an offence under sub-section (1) shall be allowed only in respect of the
(1) It shall be the duty of every Forest Officer, Gram Panchayat Secretary, Gram Panchayat Karma Sahayak, Krishi Prajukti Sahayak, Gram Sevak, Revenue Inspector, officer dealing with environmental protection or Police personnel to make efforts to prevent any contravention of section 4 and section 9 and to report to his superior officer, in such manner as may be prescribed, of such contravention or preparation to commit such contravention.
(2) The superior officer so informed shall inform the competent authority of such commission or probable commission of offence.
(3) The competent authority shall take all reasonable measures in his power to prevent such contravention which he has reason to believe that it is likely to be committed.
The officers, exercising any powers, or discharging any duties or functions, under this Act shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
The 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.
No suit, prosecution or other legal proceedings shall lie against the State Government or against any officer or against any designated agency of the State Government empowered to exercise power or to perform duties or to discharge functions under this Act, for anything which is in good faith done or intended to be done under this Act.
(1) Subject to such conditions, if any, as may be imposed, the State Government may, if it considers necessary so to do in the public interest, by notification in the Official Gazette, exempt any area or any species of tree or a specified number or trees of any species from all or any of the provisions of this Act.
(2) Notwithstanding anything contained in sub-section (1), permission of competent authority shall be obtained for felling of trees specified in the Schedule.
The provisions of this 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 public, declare by notification, that any class or classes of tree shall not be felled for such period as is specified in that notification.
(2) The management of such trees shall be regulated in such manner as may be prescribed.
(1) The State Government may, by notification, make rules for carrying 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 :
(a) the Form in which and the authority to whom an application for felling tree shall be made;
(b) the Form in which the permission, if any, shall be granted to the applicant;
(c) any other matter necessary for proper implementation and enforcement of this Act.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
The provisions of this Act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(1) The State Government may, by notification, amend the Schedule.
(2) Every notification issued under sub-section (1) shall, as soon as may be after it is issued, be laid before the State Legislature.
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