West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
No: 10 Dated: Apr, 12 2006
THE WEST BENGAL TREES (PROTECTION AND CONSERVATION IN NON-FOREST AREAS) ACT, 2006
West Bengal Act X of 2006
An Act to encourage and promote plantation of trees, and to protect and conserve trees, particularly those looked upon as sacred groves, or identified as belonging to an endangered species or given the status of heritage, bearing in mind that trees have great environmental value and are a renewable resource.
Whereas it is expedient, in the public interest, to prevent the felling of trees in Non-Forest Areas and to encourage and promote plantation of trees, and to protect and conserve trees, particularly those looked upon as sacred groves, or identified as belonging to an endangered species or given the status of heritage, bearing in mind that trees have great environmental value and are a renewable resource;
And Whereas it is considered expedient to make provisions for protection and improvement of environment as envisaged under Article 48A of the Constitution of India;
It is hereby enacted in the Fifty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows
1. Short title, extent and commencement.—(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.
2. Application.— 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 Bengal Act No. 14 of 1948).
3. Definitions.-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 incorporated or not;
(6) "raiyat" shall have the same meaning as in the West Bengal Land Reforms Act, 1955 (West Bengal Act No. 10 of 1956);
(7) "Schedule" means a Schedule to this Act;
(8) "State Government" means the State Government of West Bengal;
(9) "tree" has the same meaning as in the Indian Forest Act, 1927 (16 of 1927), and includes any woody plant whose branches spring from an area supported upon a trunk or body and whose trunk or body is not less than ten centimetres in diameter at breast height from the ground level.
Explanation.—For the purpose of this clause "breast height" means the standard height for measuring girth, diameter and basal area of standing trees which is taken as 4 feet 6 inches (1.37 metre) above ground level and on slopes breast height is taken on the uphill side;
(10) "prescribed'' means prescribed by rules made under this Act;
(11) other expressions used in this Act, but not defined, shall have the same meanings as defined in the Indian Forest Act, 1927 .
4. Restriction on felling of trees. -Except as provided in this Act or the rules made thereunder, no person shall
(a) fell any tree in the Non-Forest Area and
(b) cut, remove or otherwise dispose of any tree other than a tree which has felled without the aid of human agency.