Meghalaya Tree (Preservation) Ordinance, 1976
No: 1 Dated: May, 20 1976
THE MEGHALAYA TREE (PRESERVATION) ORDINANCE, 1976
MEGHALAYA ORDINANCE 1 OF 1976
An Ordinance to make provisions for regulating the felling of trees for the purpose of protection of catchment areas and soil from erosion and to preserve the special characteristics of the hilly areas as regards landscape, vegetal cover and climate and to provide for matters connected therewith and incidental thereto.
Whereas , the Legislative Assembly of Meghalaya is not in Session and the Governor of Meghalaya is satisfied that circumstance exist which render it necessary for him to take immediate action;
Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor is pleases to promulgate in the Twenty-Seventh Year of the Republic of India the following Ordinance, namely:-
1. Short, title, extent and commencement.- (1) The Ordinance be called the Meghalaya Tree (Preservation) Ordinance, 1976.
(2) It shall extend to the Municipality and Cantonment areas of Shillong:
Provided that the State Government may, by notification, extend the Ordinance to other areas of Meghalaya.
(3) It shall come into force at once.
2. Definitions. - In this Ordinance, unless the context otherwise requires:-
(a) “Government” means the Government of Meghalaya ;
(b) “tree” means any tree specified in the Schedule to this Ordinance, and the State Government may, by notification, add to or modify, the Schedule ;
(c) “to fell a tree” including burning , cutting, damaging, uprooting, or lopping a tree to cause substantial damage or destruction thereto.
3. Restriction on felling of trees.- (1) No person shall fell any tree or cause or permit such tree to be felled in any land, whether of his ownership or otherwise, except with the prior permission of the Divisional Forest Officer who may grant such permission subject to such conditions not inconsistent with the provisions of this Ordinance ;
Provided that such permission shall not be refused if the tree is dead, diseased, over-matured, windfallen, has become dangerous to life and property or if it is necessary for the purpose of preventing or abating a nuisance.
(2) Every order granting or refusing permission shall be in writing and in the case of refusal shall contain reasons thereof.
(3) Every application for permission under this section shall be disposed of by the Divisional Forest Officer as early as possible and not later than two months from the date of submission of the application failing which permission shall be deemed to have been accorded.
4. Appeal.- Any persons aggrieved by an order of the Divisional Forest Officer refusing permission under this Ordinance may, within thirty days from the date of such order, prefer an appeal to the Conservator of Forests.
5. Penalty for felling trees in contravention of Section 3.- Any person who without obtaining prior permission as provided in the Ordinance, fells any such tree, or causes or permits it to be felled, shall be liable, on conviction before a Magistrate, to a fine not exceeding one thousand rupees; and the Court of such a Magistrate may further order that any such tree to felled together with all tools and other articles use in committing such contravention shall be forfeited to the State Government.