Meghalaya Forest Regulation (Amendment) Act, 2012
No: 16 Dated: Dec, 21 2012
THE MEGHALAYA FOREST REGULATION (AMENDMENT) ACT, 2012
ACT NO. 16 OF 2012
AN ACT to amend the Meghalaya Forest Regulation Act, (Assam Regulation 7 of 1891 as adapted and amended by Meghalaya).
Be it enacted by the Legislature of the State of Meghalaya in the Sixty-third Year of the Republic of India as follows : -
1. Short title and commencement:- (1) This Act may be called the Meghalaya Forest Regulation (Amendment) Act, 2012.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Insertion of additional clause the Meghalaya Forest Regulation Act:- In section 3 of the Meghalaya Forest Regulation (Assam Regulation 7 of 1891 as adapted and amended by Meghalaya), after clause (9), the following new clause (10) shall be inserted, namely,-
(10) An area would be “forest” if it is a compact or continuous tract of minimum 4 hectares land, irrespective of ownership, and where -
(a) more than 250 naturally growing trees per hectare of 15 cm and higher diameter at breast height (DBH) over bark are present; or
(b) more than 100 naturally growing bamboo clumps per hectare are present in case of the tracts containing predominantly sympodial bamboo:
Provided that in case of tract containing mixed crop of non-bamboo vegetation and bamboo, the qualifying number of trees including bamboo clumps would be proportionately modified from the above specified numbers for determining the land as “forest.”
Provided further that a tract of land used for traditional way of agriculture by the tribal population or for bonafide community livelihood needs shall not be “Forest” irrespective of the density of vegetation growing on it :
Provided further that any area recorded as “Forest” in any of the Government records including the records of the Autonomous District Councils of the State shall ipso facto be “Forest” irrespective of the size and number of trees including bamboo clumps:
Provided further also that “Forest” shall also include all the areas irrespective of size, ownership and type of vegetation growing on such areas which have been identified by a competent authority and notified as protected areas or critical wildlife habitat or corridors for wildlife or habitat of endangered species or ecosensitive/eco-fragile areas or critical catchment areas of rivers and other water sources or biodiversity heritage sites or sacred groves in the State.
Explanation : If 60% of the tract is covered with trees and 40% with bamboos, then the qualifying numbers shall be more than 150 trees of 15 cm and higher DBH over bark and more than 40 bamboo clumps per hectare for identifying such areas as “forest”.