Section 5 in West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
5. Permission to fell trees.
(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, 1955Provided further that in the Sadar sub-division, Kalimpong sub-division and Kurseong sub-division of the district of Darjeeling, no such permission shall be required, if a raiyat obtains permission under provisions of section 4A of the West Bengal Land Reforms Act, 1955, read with rule 474 of the West Bengal Land and Land Reforms Manual, 1991 :Provided also that the competent authority shall, within three days from the date of receipt of application, give permission of felling of trees, if it constitute such immediate danger, as may be prescribed to any person or property.(2)Notwithstanding anything contained in sub-section (1). no permission shall be required if felling of trees is undertaken for not more than three trees at a time in rural areas :Provided that felling of trees shall not be undertaken in a particular plot of land more than once in a year.Explanation 1.For the purposes of this section, "rural area" shall include all areas under Gram Panchayat and exclude the areas under Municipality, Notified Area Authority or Municipal Corporation.Explanation II.For the purposes of this section "Municipality" and "Notified Area Authority" shall have the same meaning as defined in the West Bengal Municipal Act, 1993 (West Bengal Act 22 of 1993).
