THE MEGHALAYA FOREST REGULATION (APPLICATION & AMENDMENT) ACT, 1973
(Meghalaya Act 9 of 1973)
[As passed by the Assembly]
[Received the assent of the Governor on the Seventeenth April, 1973]
An Act to provide for the extension and application of, and to amend the Assam Forest Regulation, 1891 (Regulation 7 of 1891) and the Meghalaya Forest Regulation and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Meghalaya in the Twenty-fourth Year of the Republic of India as follows:
NOTES
Preamble. By virtue of this Act, the Assam Forest Regulation, 1891 has been extended in its application to the State of Meghalaya and the Assam Act being now named as the Meghalaya Forest Regulation, with certain amendments as detailed in the body of this Act.
1. Short title, extent and commencement. (1) This Act may be called the Meghalaya Forest Regulation (Application and Amendment) Act, 1973.
(2) It shall extend to the State of Meghalaya.
(3) It shall come into force at once.
2. Application and extent of the Regulations. As from the 21st day of January, 1972, the Assam Forest Regulation, 1891 and Meghalaya Forest Regulation, the rules framed thereunder, with the amendments to which they have been subjected before the said day and which are for the time being applicable to Meghalaya or any part thereof shall have effect, subject to the amendments, adaptations or modifications hereinafter appearing.
3. General amendments of the Regulations. In the Assam Forest Regulation, 1981-
For the word “Assam” wherever it occurs, the word “Meghalaya” shall be substituted; and for the word “State Government” or “State Government of Assam” wherever they occur, the words “Government of Meghalaya” shall be substituted.
4. Amendment of S. 1 of the Regulations . For sub-Ss. (1), (2), (3) and (4) of S. 1 of the Assam Forest Regulation, and for sub-Ss. (1) and (2) of S. 1 of the Meghalaya Forest Regulation the following section, shall be substituted, namely:
“1. Title, extent and commencement. (1) This Regulation may be called the Meghalaya Forest Regulation.
(2) It extends to the whole of Meghalaya:
Provided that the Government of Meghalaya may, by notification, exempt any place from the operation of the whole or any part thereof, and withdraw such exemption.
(3) It shall come into force at once in areas where it is not in force immediately before the 21st day of January, 1972”
NOTES
Section 25 of the Assam Forest Regulation, as adapted by the State of Meghalaya, deals with any person who commits the offence of felling trees, where the offender was absent, who allegedly committed the offence, the proceeding could not be held to be continued against him, as held in Dharanidhar Goswami v. Range Forest Officer, Meghalaya [(1985) 1 GLR 42].