The West Bengal Trees ( Protection And Conservation In Non-forest Areas ) Act, 2006
west-bengal · 2006
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the West Bengal Trees (Protection and conservation in Non-Forest Areas) Act, 2006
- S. 2This Act shall apply to trees in Non-Forest Areas viz
- S. 3Section 3 defines key terms used in the West Bengal Trees (Protection and Conservation in Non-forest Areas) Act, 2006.
- S. 4Section 4 prohibits felling or removing trees in non-forest areas without permission under the Act.
- S. 5Section 5 allows a competent authority to grant written permission to fell trees, with specific exemptions and conditions based on land use and location.
- S. 6Section 6 outlines the procedure for obtaining permission to fell trees in non-forest areas in West Bengal.
- S. 7Section 7 allows appeals against orders under the Act to a State Government-appointed appellate authority within 30 days.
- S. 8Section mandates tree planters to compensate felled trees by planting prescribed number of trees or pay a fee for state agency to plant.
- S. 9Section 9 mandates developers to plant trees in non-forest areas before undertaking construction projects, subject to obtaining clearance from a competent authority.
- S. 10Section mandates plantation preparatory work for trees to begin within sixty days after permission or direction.
- S. 11Section 11 penalizes tree felling without permission and failure to plant replacement trees with fines and imprisonment.
- S. 12Section 12 requires State Government approval for prosecution of violations under the Act.
- S. 13Section 13 holds firms, companies, institutions, or associations and responsible individuals accountable for tree offenses, unless they prove lack of knowledge or due diligence.
- S. 14Section 14 allows courts to order forfeiture of felled trees and related tools, with additional penalties if timber is disposed of.
- S. 15Section 15 allows forest and police officers to seize illegally cut trees and related equipment, reporting to a magistrate for disposal.
- S. 16Section 16 allows the State Government to compound certain offences under the Act for a specified fine or timber value, barring further prosecution for the first offence.
- S. 17Section 17 mandates various officials to prevent tree violations and report them to superiors and authorities.
- S. 18Section 18 designates officers under the Act as public servants for the purposes of the Indian Penal Code.
- S. 19Section 19 allows fines for violations to be treated as land revenue arrears for recovery.
- S. 20Section 20 provides immunity from legal proceedings for actions taken in good faith under the Act.
- S. 21Section 21 allows the State Government to exempt certain trees or areas from the Act's provisions if deemed necessary for public interest.
- S. 22Section 22 clarifies that the Act's provisions supplement, not override, existing laws on tree felling.
- S. 23Section allows the State Government to ban felling of certain trees for specified periods and regulate their management.
- S. 24(1) The State Government may, by notification, make rules for carrying out the purposes of this Act
- S. 25Section 25 ensures the Act's provisions override conflicting laws and grants state government powers to preserve trees.
- S. 26(1) The State Government may, by notification, amend the Schedule