The Meghalaya Tree (Preservation) Act, 1976 (Act 13 of 1976)

ME
GHALAYA ACT 13 OF 1976 
THE MEGHALAYA TREE (PRESERVATION) ACT, 1976 
(As passed by the Assembly) 
[Received the assent of the Governor on the 5th October, 1976] 
(Published in the Gazette of Meghalaya, Extra-ordinary, dated 9th October, 1976) 
An  
Act 
to make provisions for regulating the felling of trees for 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. 
Be it enacted by the Legislature of Meghalaya in the Twenty-seventh Year of the Republic of 
India as follows:- 
Short title, extent and 
commencement. 
 
1. (1) This Act may be called the Meghalaya Tree 
(Preservation) Act, 1976. 
 
(2) It shall extend to the Municipality and Cantonment 
areas of Shillong; 
 
      Provided that the State Government may, by 
notification, extend the Act to other areas of Meghalaya. 
 
(3) It shall be deemed to have come into force on the 
18
th May, 1976. 
 
 
Definitions. 2. In this Act, unless the context otherwise requires :- 
 
(a) “Government” means the Government of 
Meghalaya ; 
 
(b) “tree” means any tree specified  in the Schedule 
to this Act, and the State Government may, by 
notification, add to or modify, the Schedule ; 
 
(c) “to fell a tree” includes burning, cutting, 
damaging, uprooting or lopping a  tree to cause 
substantial damage or destruction thereto. 
 
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Restriction on felling 
of trees. 
3. (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. 
 
      Provided that such permission shall not be refused if 
the tree is dead, diseased, over-matured, wind fallen, 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 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. 
 
 
       
 
Appeal. 4. 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. 
 
 
 
Penalty for felling 
trees in  
contravention  
Section 3. 
5. 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. 
 
 
 
Power of entry, search 
and seizure. 
6. (1) Any Forest Officer not below the rank of a Range 
Officer and Police Officer not below the rank of a Sub-
Inspector 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
 
Power of entry, search 
and seizure. 
(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. 
 
 
Bar against 
proceedings. 
7. No suit or proceedi ngs 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. 
 
 
Exemption. 8. 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 fellin g 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. 
 
 
Provisions of this Act 
to be in addition to any 
other law for the time 
being in force. 
9. 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. 
 
 
 
When court to take 
cognizance of offence 
10. 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. 
 
 
 
Power to make rules. 11. 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,- 
 
 
 
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 (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; 
 
 
 
Repeal of the 
Meghalaya Ordinance 
1 of 1976. 
12. The Meghalaya Tree (Plantation) Ordinance, 1976 (1 of 
1976) is hereby repealed. 
 
 
SCHEDULE 
 
(See Section 2 and 3) 
 
1. Pine 
2.  
3.  
4.  
5.  
6.  
 
 
 
 
  
 
 
 
 
 
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