Section 5 in West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007
5. Procedure for obtaining permission to fell tree.
(1) For the purposes of obtaining permission to fell tree or otherwise disposing of any tree under sub-section (1) of section 6, the applicant shall pay the following fee to the competent authority at the time of submitting application :(i)developer : Rs. 1,000.00 (One thousand rupees);(ii)a person other than a developer:- Rs. 25.00 (Twenty five rupees) (in rural areas) and Rs. 100.00 (One hundred rupees) (other than rural areas);(iii)Emergency Application Fee :if the application is required to be submitted for immediate permission under sub-rule (4) of rule 4 :- Rs. 200.00 (Two hundred rupees for all areas).(2)For the purpose of sub-section (3) of section 6, the competent authority shall grant permission to fell tree to an applicant in Form III :Provided that no permission to fell tree, if there is a tree, will be given to a developer unless he has obtained a certificate of clearance from the competent authority, under sub-section (4) of section 9 and sanction of the building or otherwise construction plan from the appropriate authority under sub-section (5) of section 9.(3)The permission under sub-rule (2) shall be granted only after the applicant, other than a developer, has paid security for undertaking plantation for trees to the competent authority at the rate of twenty rupees per tree in rural areas and thirty rupees per tree in areas other than rural areas for each tree to be planted :Provided that no security shall be payable by an applicant who is unable to undertake plantation of trees and has deposited the prescribed amount of money to the competent authority as prescribed under sub-rule (3) of rule 6.(4)The security under sub-rule (3) shall be paid either in cash or through National Saving Certificates duly placed in favour of the competent authority.(5)The security shall be refunded in full to the applicant but not before two years from the date of grant of felling permission after the competent authority has satisfied himself that at least eighty per cent of the trees planted by the applicant under the provision of rule 6 are surviving in good condition :Provided that the security shall be refunded to the applicant on pro-rata basis if the total number of trees survived are less than eighty per cent of the total number of trees planted :Provided further that the security may be forfeited by the competent authority if the total number of trees survived are less than thirty per cent of the total number of trees planted.(6)The non-refunded portion of the security shall be transferred by the competent authority to the designated agency for undertaking plantation of trees.
