Meghalaya act 013 of 1976 : The Meghalaya Tree (Preservation) Act, 1976 (Act 13 of 1976)

(1) This Act may be called the Meghalaya Tree (Preservation) Act, 1976.

In this Act, unless the context otherwise requires :-

(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 Act.

Any person aggrieved by an order of the Divisional Forest Officer refusing permission under this Act may within thirty days from the date of such order, prefer an appeal to the Conservator of Forests.

Any person who, without obtaining prior permission as provided in the Act, fells any such tree, or causes or permits it to 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 so felled together with all tools and other articles used in committing such contravention shall be forfeited tot he State Government.

(1) Any Forest Officer not below the rank of a Range Officer and Police Officer not below the rank of a SubInspector may enter upon any land , where he has reason to believe that any tree has been or is being felled, in contravention of Section 3 and seize such felled tree or any lop pings thereof, together with its produce, tools implements and other articles with its produce, tools, implements and other articles used in committing such contravention and shall make a report of such seizure to the Divisional Forest Officer. (2) If the property so seized is not ordered to be forfeited to the State Government under Section 5, that property shall be returned to the person from whom it was seized. (3) If any claim is set up by a third person to the property seized as aforesaid, the Magistrate shall inquire into the claim and may admit or reject it, after bearing such person in respect thereof.

No suit or proceedings shall lie against the State Government or against any person empowerment to exercise powers or to perform duties or discharge functions under this Act, for anything in good faith done or purporting to be done under this Act.

Notwithstanding any thing contained in this Act no permission shall be required for – (1) the training or laying of hedges :- (2) lopping of branches or pruning of any tree as required by ordinary agricultural or horticultural practices ; (3) the felling of any tree in pursuance of any order or direction made or issued by any authority under the provisions of any law for the time being in force.

The provisions of this Act shall be in addition to the provisions of any other law for the time being in force prohibiting or regulation the felling of trees.

No court shall take cognizance of any offence punishable under this Act ,- 1) Except on the complaint of the Divisional Forest Officer or any other officer authorised by the Government in this behalf ; and 2) Unless the prosecution is instituted within three months from the date on which the offence is alleged to have been committed.

The State Government may make rules to carry cut the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing provision, such rules may provide for all or any of the following matters, namely, (a) the form and manner of applications to be made for permission under sub-section (1) of Section 3 and disposal thereof ; appeals to the Conservator of Forests and the fees payable therefore ; (b) the procedure to be followed in hearing and deciding appeals under Section 4 ; (c) any other matter;

The Meghalaya Tree (Plantation) Ordinance, 1976 (1 of 1976) is hereby repealed.