The Meghalaya Forest (Removal of Timber) (Regulation) Act (Act No.12 of 1981),1981

Meghalaya Act, 12 of 1981
THE MEGHALAYA FOREST (REMOVAL OF TIMBER) (REGULATION) ACT, 1981
(As passed by the Assembly)
[Received the assent of the President on the29th May, 1981]
(Published in the Gazette of Meghalaya, Extraordinary, dated 2nd June, 1981)
An
Act
to regulate and control removal of timber outside the State for the preservation of forests and
to prevent their indiscriminate destruction and for matters connected therewith and
incidental thereto.
Be it enacted by the Legislature of Meghalaya in the Thirty-second Year of the Republic of
India as follows:-
Short title,
extent and
commencement
1. (1) This Act may be called th e Meghalaya Forest ( Removal of
Timber) (Regulation) Act, 1981.
(2) It shall extend to the whole State of Meghalaya.
(3) It shall come into force at once.
Definitions 2. In this Act, unless the context otherwise requires;
(a) “competent authority” means such authority as the State
Government may, by notification appoint for the purpose
of exercising the powers and functions of a competent
authority under this act and the rules made thereunder for
the whole or any part of the State;
(b) “prescribed” means prescribed by Rules made under this
Act;
(c) “State” means the State of Meghalaya;
(d) “State Government” means the Government of
Meghalaya;
(e) “Schedule” means a Schedule to this Act;
(f) “Trading Depot” means any place or premises used for
keeping, storing or stocking timber for the purpose of
trade or otherwise of the timber outside the State.
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(2) Word and expressions used, but defined in this Act and
defined in the Meghalaya Forest Regulation 7 of 1891 as applied
in Meghalaya) shall have the meanings respectively assigned to
them in that Regulation.
Removal of timber
outside the State.
3. (1) No person shall remove or cause to be removed for the
purpose of trade or otherwise, any timber outside the State, and no
Trading Depot shall be set up or established at any place without a
license from the competent authority:
Provided that no such license shall be granted by the
competent authority:-
(a) in respect of timber the size of which is below the
minimum size prescribed for such timber; and
(b) in respect of timber of such categories or species of trees
or groups thereof specified in the Schedule to his Act.
(2) The State Government may, be notification, add, modify,
amend or cancel any item in the Schedule to this Act.
(3) Every notification issued under the foregoing sub-section shall
have effect on the date of its first publication in the official
Gazette and shall be laid as soon as may be after its publication
before the House of the Legislative Assembly of the State.
Application for License
and its disposal.
4. (1) Every application for grant of license under this Act shall be
made to the competent authority through the District Council
concerned in such form and on payment of such fee as may be
prescribed.
(2) In granting or refusing license under this Act the competent
authority shall take into account all or any of the following
matters according to the circumstances of each case, namely:-
(a) Whether the applicat ion is recommended by the District
Council or not;
(b) Whether the applicant holds any trading license from the
District Council;
(c) Whether the applicant holds any other license under this
Act;
(d) Whether the applicant is a registered dealer and possesses
certificate of registration under any tax Law of the State;
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THE MEGHALAYA FOREST (REMOVAL OF TIMBER) (REGULATION) ACT, 1981
(Act 12 of 1981)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent commencement.
2. Definitions.
3. Removal of Timber outside the State.
4. Application for license and its disposal.
5. License fee and period of its validity.
6. Appeal.
7. Penalty.
8. Power to direct submission of report or return.
9. Power to enter search, arrest and detain.
10. Searches and arrest how to be made.
11. Production of persons arrested and things seized.
12. Report of arrest and seizure.
13. Erection of check-posts.
14. Penalty for refusal to produce things or furnish information.
15. Power to compound offence.
16. When Court to take cognizance of offence.
17. Bar of suit in Civil Courts.
18. Suit, etc., against authority Officers or persons acting in good faith.
19. Officer and person to be public servants.
20. Effect of other laws.
21. Exemption.
22. Power to make rules.
23. Schedule.
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(e) Whether the applicant is a resident of the State;
(f) Whether the timber for which application for licenses is
made is for the personnel use of the applicant;
(g) Whether the grant of license to the applicant would
promote the interest of tribals resident in the State,
economically or otherwise;
Provided that a license shall be refused if the applicant-
(a) is not a citizen of India, or-
(b) has been convicted by a competent Court of an
offence involving moral turpitude unless a period of
five years, or such less period as the Government may
allow in any particular case, has elapsed since his
release, or
(c) has violated any provision of any Act, Regulation or
Rule made by the State or any District Council, or is a
defaulter in the payment of any tax or revenue of the
State or any District Council, or
(d) has been debarred from taking up any business
transaction or contract work by any Government, or
any Company or Corporation, owned controlled or
managed by any Government.
(3) Every other granting or refusing a license under this
Act shall be in writing, and in case of refusal shall contain
reasons therefor.
(4) Every application for license under this act shall be
disposed of by the competent authority as early as possible and
not later than six months from the date of receipt of the
application by the competent authority unless the competent
authority for reasons to be recorded in writing extends the
period by such further period or periods as it may consider
necessary and if no order is passed within the period or periods
so extended it shall be deemed that license has been granted.
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License fee and period
of its validity.
5. (1) The fee payable for a license granted under this Act, the
condition of the license, the route or routes the timber are to be
transported outside the State, and the period of validity of the
license shall be such as may be prescribed which shall also be
specified in the license;
Provided that the license fee, the conditions of the license
and the period of this validity may vary for different categories of
timber:
Provided further that such period shall not exceed twelve,
months and the amount of fee shall not exceed one thousand
rupees.
(2) The license fee shall be paid in such manner as may be
prescribed.
(3) Every license granted under t his act may be renewed on
the expiry of the period of its validity by the competent authority
in such manner and on payment of such fees as may be
prescribed.
(4) The provision of Section 4 shall apply in case of
application for renewal under this Section.
Appeal 6. Any person aggrieved by any order passed by the competent
authority under Sections 3 and 4 may , within a period of sixty
days from the date the order is communicated and on payment of
such fee, not exceeding fifty rupees, prefer an appeal to such
authority as the State Government may, by notification, appoint in
his behalf and its order shall be final:
Provided that the appellate authority may entertain as
appeal after the expiry of the said period of sixty days if it is
satisfied that the appellant was prevented by sufficient cause from
filing the appeal in time.
Penalty 7. Any person who contravenes any of the provisions of Section 3 ,
shall, on conviction, be punished with imprisonment which may
extend to one year, or with fine which may extend to two
thousand rupees, or with both and the Court trying the offence
may further order that the timber in respect of which the offence
was committed and the vessel, vehicle or animal with which the
offence was committed shall be confiscated to the State
Government.
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Power to direct
submission of report or
return.
8. The competent authority may direct any person holding any
license under this Act to submit such report or return and in such
form and manner as may be prescribed.
Power to enter, search,
arrest and detain
9. (1) Any Forest Officer not below the rank of Forest Ranger and
Police Officer not below the rank of Sub-Inspector of Police who
from his personal knowledge or from information received and
after such enquiry as he may consider necessary, has reason to
believe that any person has committed an offence under this Act,
may-
(a) enter and search at all reasonable time any premises, land,
vehicle or vessel in the occupation of such person;
(b) require such person to produce for his inspection the
license or any other documents granted by the competent
authority or any books of account or other documents that
may have any bearing on such offence;
(c) seize any timber in respect of which the offence was
committed and any books of account or other documents
relating such timber and may also detain and seize any
animal, vessel or vehicle with which the offence was
committed;
(2) It shall be lawful for any of the officers referred to in sub -
section (1), to stop and detain any perso n committing an offence
under this Act or abetting in the commission of such offence and
such officer may arrest without warrant any such person:
Provided that the Officer making such arrest may release
such person on his furnishing his name and address and otherwise
satisfies such Officer that he will duly answer any summon or
other proceedings which may be taken against him.
Searches and arrest
how to be made.
10. All searches and arrests under this Act shall be conducted and
made, as for as may be in accordance with the procedure laid
down in the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
Prediction of persons
arrested and things
seized.
11. Every person detained or arrested under any of the provisions of
this Act shall be taken or produced before the nearest Magistrate
having jurisdiction with a report containing full particulars of the
person arrested or articles seized and the circumstances under
which the arrest or seizure was affected, within 24 hours of such
arrest or seizure, exclusive of the time necessary for the actual
journey from the place of arrest to the Court of the Magistrate.
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Report of arrest and
seizure.
12. Any Forest or Police Officer making an arrest or seizure under
this act shall forthwith make a full report of all the particulars of
such arrest or seizure to his immediate superior Officer.
Erection of check-
posts.
13. (1) The State Government may, by notification, set up and erect,
in such manner as may be prescribed, check -posts and barriers at
any place in t he State with a view to prevent any unlawful
removal or transportation of timber outside the State.
(2) Every person transporting timber shall, at any check post or
barrier referred to in sub -section (1) and before crossing such
check-post or barrier prod uce before the Officer in -charge of the
check-post or barrier such document as may be prescribed.
(3) The Officer -in-Charge of the check -post or barrier may , for
the purpose of satisfying himself that the provisions of this Act
and the Rules made therein are not being contravened, intercept,
detain and search any animal, vehicle or vessel.
Penalty for refusal of
produce things or
furnish information
14. Whoever-
(i) Wilfully refuses or is unable to produce license or
document or wilfully refuses or fails to give such
information which under the provisions of this Act or the
Rules made thereunder he is required to produce or to
give, or otherwise furnishes in format on which he knows
or believes to be false or does not believe to be true, or
(ii) Forcibly resists arrest or attempts to evade arrest or
obstructs any Forest or Police Officer to enter or search or
to affect arrest or seizure under the powers conferred by
this Act or the Rules made thereunder,
shall be guilty of an offence against this Act, and he shall, on
conviction, be punished with fine which may extend to on thousand
rupees or with imprisonment for a term which may extend to six
months or with both.
Power to compound
offence.
15. (1) An Offence duly authorised by the State Government in this
behalf may accept from any person, against whom a reasonable
suspicion exists that he has committed any offence punishable
under this Act, such sum of money as may be prescribed, by way
of composition of the offence which such person is suspected to
have committed.
(2) On payment of such sum of money to the Officer mentioned in
sub-section (1) the suspected person, if in custody, shall be
discharged and no other proceeding shall be taken against him in
respect of the offence compounded.
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(3) The provisions of this section shall apply also where a
prosecution or an appeal against conviction of offence under this
act is pending and in such a case the composition of such offence
under this section shall have the effect of the acquittal of the
accused with whom an offence has been compounded.
Hen Court to take
cognizance of offence.
16. No Court shall take cognizance of any offence under this Act,-
1) except on the complaint made by an officer authorised by
the State Government in this behalf; and
2) unless the prosecution is instituted within three month
from the date on which the offence is alleged to have been
committed.
Bar of suit in Civil
Courts.
17. No suit shall be brought in any civil court to set aside or modify
any order made under this Act.
Suit, etc., against
authority, Officers or
persons acting in good
faith.
18. No suits, prosecution or legal proceeding shall lie against any
authority, officer or person for anything which is in good faith
done or intended to be done under this Act.
Officer and person to
be public servants.
19. Every person or officer, appointed under, or exercising any power
conferred by an under this Act shall be deemed to be a public
servant within the meaning of section 21 of the Indian Penal
Code.
Effect of other laws. 20. The pr ovisions of this Act, shal l be in addition, and not in
derogation, of the provisions of the Meghalaya Forest Regulation
(Assam Regulation 7 of 1891 as applied in Meghalaya) or the
Rules made thereunder.
Exemption. 21. The provision of this Act, shall not apply to removal of timber
outside the State by or on behalf of the State Government under
the provisions of the Meghalaya Forest Regulation.
Power to make rules. 22. (1) The State Government may, by notification , make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-
a. to prescribe the minimum size of timber under Section 3;
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b. the form and conditions of license under Sections 3 and 5
and the fees payable therefor;
c. the form and manner in which application for license under
Section 4 may be made and the fees payable therefor;
d. the fees payable for appeal under Section 6;
e. the form of register, report or return to be maintained and
submitted by the licensee;
f. the conditions for storing, stocking and manner or making
or marking the timber to be removed outside the State;
g. the manner in which the inspection of timber and of
document maintained by licensee shall be carried out;
h. the routes by which the timber shall be transported outside
the State;
i. the terms and conditions for setting up or establishment of
trading depot;
j. the manner in which the right of access to document and
the right to entry conferred by Section 9 may be exercised;
k. the manner in which check -post and barrier may be set up
and erected and the form of document under Section 13;
l. the procedure and manner for payment  of fees under the
Act and of composition money under Se ction 15 and the
amount of composition payable for composition of
offences under Section 15;
m. any other matter which is to be or may be prescribed.
(3) The power to make rules under this Section shall be subject to
the condition of previous publication.
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SCHEDULE
[See Section 3 (1) (b)]
Serial
No.
Local (Common) Name Commercial
Name
Scientific Name.
1 Dieng Soh Risang Indian Horn … Carpinus Vaminea.
2 Tek,Tegun Teak … Tectona Grandis.
3 Dieng Laphiang, Bo! gippok
,Gamari.
Gamari … Gmelina Arborea.
4 Dieng Rai,Tita Sopa          … Champ … Michelia Champaca.
5 Bola, Dieng Ngai Bola … Morus ferrea.
6 Nahar Dieng Ngai              … Mesua … Mesua ferrea.
7 Sal,Dieng blei, Bol Sal   … Sal … Shorea Robusta
8 Mundhani       … … Mundani … Acrocarpus fraxinifalius.
9 Amari,La li            …               … Amari … Amoora Willichii.
10 Cham, Sam            …               … Chaplash … Artocarpus Chaplasha.
11 Birch, Dieng Lieng                   … Birch … Betula alnoides.
12 Bogipoma, Diengbti. Tyrneng, Bol
Derek.
Chiekrassy … Chikrassia tabularis.
13 Khokam, Dieng Bai                  … Lampati
Khokam.
… Duabanga grandiflora.
14 Karal                …                     … Karal … Kayea floribunda.
15 Badam              …                     … Badam … Mansonai Dipikai.
16 Holok, Diengmaras Rakseng. Hollocck … Terminalia Myriocarpa
17 Poma, Dieng Bti. Toon … Toona Ciliata.
18 Kadam              …                    … Kadam … Anthocephalus Dadamba.
19 Pine, Khasi Pine, Dieng Kseh. Pine … Pinus Kosiya.
20 Gogra, Dieng Ngan Gogra/Chilauni … Schima Khasiana/Schima
Wallichi.
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