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State of West Bengal - Section

Section 12 in West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007

12. Power of State Government for preservation of trees.

(1)The competent authority shall not issue permission for felling of any class or classes of trees notified by the State Government under sub-section (1) of section 23 for such period as is specified in that notification.
(2)The competent authority shall prepare an inventory of trees referred to in sub-rule (1); carry out inspection from time to time; and issue suitable directions to the owners of such trees for their protection and upkeep.
(3)The owner of trees, as referred to in the sub-rule (1), shall take all necessary precautions for protection and upkeep of such trees; carry out the directions issued by the competent authority under sub-rule (2) and submit a report regarding any loss or damage to such trees to the competent authority without any undue delay.Form I(A)Application for Felling of/Disposing of Trees in Non-Forest Areas in respect by a Person (other than a Developer)[See Rule 4(2)(a)]
(1)Name of the Applicant (In Capitals) :
(2)Full Postal Address
(3)Land Details :
(a)Block / Panchayat / Municipality / Corporation / Others :
(b)Mouza I Ward :
(c)J.L.No./Part No./Plot No. :
(d)Area of the Land :
(e)Plan of Land / Map of the Land :
(f)Total No. of trees present in the land (Species and Number) :
(4)Details of Trees to be felled / disposed off :
Number of Trees Plot No. Species DBH(cm) Approx Hight (Metre) Natural or Planted Approx Age Physical condition
               
               
               
               
(5)Purpose of Felling : To be authenticated by supporting documents in original)
(6)Particulars of previous felling of trees : (On the same plot of land, if any)
Plot No. Date Species Number of Tress References of permission from Competent Authority
         
         
         
(7)[Only for applicant seeking emergency permission]I, hereby declare that the aforesaid trees constitute immediate danger in view of..................(Give reasons) and permission for their immediate felling is solicited in terms of sub-rule (4) of rule 4.(Photographic evidence to be submitted)
(8)I do hereby, certify that the felling of trees for which permission is sought for, shall not change the nature or character of land or the mode of use of the land;OrA copy of the conversion certificate obtained from the Collector under section 4C of the West Bengal Land Reforms Act, 1955 is attached.;
(9)[Only in case of Tea Gardens]I, do hereby declare that the sale proceeds from the felling of trees in question will be utilized strictly for the purpose of welfare of the labourers of the tea garden on the basis of the specific scheme framed under the provisions of the Plantations Labour Act, 1951 (A copy enclosed)
(10)I do, hereby undertake to plant.....................................trees(A minimum of two trees against each tree to be felled) at the same plot/at.......................................Police Station................... District................................and maintain the same for a period of 5(five) years.I, am willing to deposit the security money as prescribed under sub-rule (3) of rule 5.OrI, do hereby undertake, to deposit the required sum of money as prescribed under sub-rule (3) of rule 6 in lieu of plantation to the Competent authority.OrI, may kindly be exempted from the obligation of planting trees / permitted to plant lesser no. of trees / permitted to plant trees on a different plot on the following grounds :
(i)
(ii)
(iii)(11) I, am enclosing an amount of Rs.......................As application fee by Cash/Draft No..........................at Bank.................................
dated........................Place :Date :Signature of the Applicant* Strike off which is not applicable.Form 1(B)[Application for Felling of Trees in Non-Forest Areas/Certificate of Clearance in respect of a Developer] [Strike off which is not applicable.][See Rules 4(a)(2) and 7(2)]:
(1)Name of the Person/Agency/Department
(2)Full Postal Address :
(3)Nature of proposed developmental work :
(4)Land Details :
(a)Block/Panchayat/Municipality/Corporation/Others :
(b)Mouza Ward :
(c)J.L. No. / Part No. / Plot No.:
(d)Area of Land :
(e)Plan of Land / Map of the Land.
(f)Total no. of trees present in the land (Species and Number) :
(5)Details of Trees to be felled / disposed off:
Number of Trees Plot No. Species DBH(cm) Approx Hight (Metre) Natural or Planted Approx Age Physical condition
               
               
               
               
(6)Purpose of Felling : (To be authenticated with detailed proper report including total financial outlay)
(7)Plantation Plan (On 1 : 100 scale showing location, species, time frame, financial outlay, maintenance etc. to be submitted in quadruplicate )
(8)Particulars of previous felling of trees : (On the same plot of land, if any)
Plot No. Date Species Number of Tress References of permission from Competent Authority
         
         
         
(9)A copy of the conversion certificate obtained from the Collector under Section 4C of the West Bengal Land Reforms Act, 1955, is attached.
(10)[Only in case of Tea Gardens]I, hereby declare that the sale proceeds from the felling of trees in question will be utilized strictly for the purpose of welfare of the labourers of the tea garden on the basis of the specific scheme framed under the provision of the Plantation Labour Act, 1951 (A copy enclosed);
(11)I, do hereby undertake, to plant trees over.................. ha (20% of the total area to be developed subject to a minimum of 5 trees against each tree to be felled) at the same plot/at.................Police Station...................District............and maintain the same for a period of five years.Plantation Plan (in quadruplicate) is enclosed.
(12)I, am enclosing an amount of Rs...................... as application fee by Cash/Draft No..................... at Bank..............dated..................Place :Date :Signature of the ApplicantName..............................Official Seal :Form 1(C)[Certificate in connection with Felling / Disposing of Tree(s) in Non-Forest areas by Panchayat I Municipality/Municipal Corporation/Others] [The Certificate may be issued by the Pradhan, Chairman, Municipal Commissioner of concerned Gram Panchayat, Municipality, Municipal Corporation or by the concerned authority of notified area authority. Industrial Township etc. respectively.][See Rules 4(3)(e)1
(1)This is to certify that Shri/Smt./Ms./Organisation.. .................... .......................................................Village/Road/Street/Ward No.........................Police Station..... ............................ District....................Pin.....................has applied to the competent authority to fell/dispose of....................No of tree(s) from his/her/their own/leased land bearing plot No....................J.L.No..........Mouza Ward No..................Police Station... ...................Panchayat/ Block/Municipality/Municipal Corporation/Others................................. ...........District.................
(2)[The above application is recommended]. [Please strike out whichever is not applicable.]
(3)[The above application is not recommended for the following reasons.] [Please strike out whichever is not applicable.]
(i)
(ii)
(iii)Signature.........................
Name in Full........................Designation.........................Seal :Place :Date :Form IIInquiry Report/Inquiry for Certificate of Clearance for Felling of Trees in Non-Forest Areas[See Rules 4(3)(f) and 7(4)]
(1)Date of Receipt of the Application in Form 1(A) / Form 1(B) :
(2)Enquiry conducted on :
(3)Enquiry conducted at :
(4)Enquiry conducted in presence of :
Name Identity Signature with date
  Applicant  
  Local prominent person  
(5)Findings :[General]
(a)Land Verification;
(b)Tree Verification (Annexure Enclosed);
(c)Verification of ownership;
(d)Verification of purpose of Felling;
(e)Comments on Ecological / Historical Significance of the trees (if any);
(f)Whether nature of land may change due to proposed felling.
[Developmental Agency]
(a)Comments on Plantation plan.
(b)Whether the said project can be carried out by felling lesser no. of trees.
(6)Comments of Inquiry Officer on the contents of Form 1(C);
(7)Recommendation :
(i)Recommended / not recommended with specific reasons;
(ii)A list of trees recommended for felling is enclosed.
Place :Date :Submitted BySignature........................Name:.............................Designation...................Official Seal...................Annexure of Form IIList of trees recommended for fellingName of the Applicant :Application Number..........................Date................
Number of Tree Tree Location (Plot No.) Species DBH (in cm) Condition of the tree
         
         
         
         
         
         
         
         
         
         
         
Abstract
  Species Total No. of Trees
A. …................................................ …...............................................
B. …................................................. …................................................
C. …................................................ …................................................
D. …................................................ …................................................
E. …................................................ …................................................
GrandTotal...................................................
(Signature of the Competent Authority)Name :...........................................Designation :..................................Official Seal :..................................Place............Date :...........Forms IIIForm for Permission for Felling / Disposing of Trees in Non-Forest Areas[See Rule 5(2)]Permit No......................Dated......................Whereas the applicant, Sri/Smt./Messrs................................... Address :.................................................................hassubmitted an application with the prescribed fee on ..........for permissionfor felling/disposing of trees for the purpose of ...............................at the following site :
(a)Location:
(b)Details of Plot(s) of Land :............................................... ...............................................................................................................................
And Whereas the undersigned is satisfied with regard to the legality of documents towards the proof of ownership or lease of the land on which such tree stands;And Whereas the purpose for which the trees are required to be felled is in conformity with rule 4(1) of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2006:And Whereas an inquiry in the prescribed manner has been carried out on ........................ and the undersigned has examined the inquiry report with due care;And Whereas the land in question belongs to the..............Tea Garden and the applicant has produced a specific scheme framed under the provisions of the Plantations Labour Act, 1951 for utilizing the sale proceeds strictly for the purpose of welfare of the labourers:And Whereas the applicant is a developer who has already obtained a Certificate of Clearance No. .......................dated................ Issued by the undersigned and sanction of the building I construction plan by the sanctioning authority, viz................................... vide his letter No. .................... Dated ..................And Whereas it is found on inquiry that the proposed felling will not alter nature or character or mode of use of the land.OrThe Applicant has produced the requisite permission under section 4C of the West Bengal Land Reforms Act, 1955.And Whereas the applicant has deposited the prescribed security amount for plantation of trees to the undersigned:OrThe applicant has been exempted by the undersigned from the obligation of plantation of trees under sub-rule (2) of rule 6 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2006 ;OrThe applicant has expressed his inability to undertake the plantation to trees by himself and has deposited to the undersigned the amount for the designated agency as prescribed under sub-rule (3) of rule 6 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007.OrThe applicant is a developer and not required to deposit the security amount.* Strike off if not applicable.* Strike off the option which is not applicable.Now, Therefore, in persons to the power conferred under sub-section (1) of section 5 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006, the undersigned permits the applicant to undertake the felling of the trees as included in the Annexure.The undersigned also permits the applicant (not a developer) under the first proviso to section 8 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006, to plant only.............number of trees instead of the number prescribed under sub-rule (1) of rule 6 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007 OR permits the applicant to plant ............ number of trees over different plot(s) of land (as indicated in Condition No. 3 below) because (give reasons)..................................................,which is in conformity with sub-rule (2) of rule 6 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007;The permission as given above is subject to the following conditions:—This permit is non-transferable and valid only up to .....................