Section 4 in West Bengal Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007
4. Permission to fell trees.
(1) Permission for felling or otherwise disposing of any tree under the provisions of sub-section (1) of section 5 shall be granted only for the following purposes :(a)if it causes serious inconvenience to the local resident; or poses threat to human life, or a building, or property; or disrupt public services (transportation system);(b)if it attains natural death due to any disease, or natural calamities like storm, lightening;(c)if a tree was raised with the purpose of Social Forestry or Farm Forestry and has since attained maturity for harvesting;(d)if the tree is sought to be removed for facilitating re-forestation of the land for the purpose of Social Forestry or Farm Forestry;(e)if the owner intends to carry out the felling of trees to meet expenses for family obligations, such as medical treatment, marriage, education or to meet requirement of timber for construction or repair of his own house;(f)if it becomes absolutely necessary to fell the trees for the disposing of land or settling up of the land dispute;(g)if in a tea garden, proviso to sub-section (3) of section 6 shall be complied with.(2)(a)A person other than a developer, seeking permission for felling or otherwise disposing of any tree under the provision of sub-section (1) of section 5 shall submit an application to the competent authority in Form 1(A) :Provided, however, that a developer shall submit application to the competent authority in the Form 1(B).(b)The competent authority shall issue an acknowledgement to the applicant in an appropriate manner under his official seal.(3)An inquiry for the purpose of giving permission to fell or dispose of any tree as referred to in sub-section (1) of section 5 of the Act may be conducted in the following manner :(a)the competent authority either himself conduct field enquiry or will depute a suitable official from amongst his subordinates for the purpose;(b)the enquiry will be completed within thirty days from the date of receipt of the application or within two days in case of application seeking immediate permission to fell such trees which constitute immediate danger as specified in sub-rule (4) of this rule;(c)the enquiry officer shall intimate the applicant regarding the date and time of field enquiry and the applicant will be present during the enquiry in person or through a duly authorized representative;(d)the enquiry officer may also invite some local prominent persons to be present during the enquiry;(e)the enquiry officer will also consult and consider the report from the Gram Panchayat or Municipality or Municipal Corporation or Notified Area Authority or the industrial township as the case may be, in Form 1(C);(f)the inquiry officer will submit his report to the competent authority in Form(4)For the purpose of the three provisions to sub-section (1) of section 5, the competent authority shall within three days from the date of receipt of application, give permission of felling of trees if it constitute immediate dangers of the following nature to any person or property :(a)imminent threat to human life, or property of any person or institution or organization;(b)serious disruption to maintenance of public services (transportation system).
